Agenda 05/12/2015 Item #16A13[15-CED-01014/1170827/1]
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$106,731.43, for payment of $1,597.93, in the code enforcement action entitled Board of County
Commissioners v. Thu-Nhut Nguyen, Code Enforcement Board Case No. CEPM20120001592,
relating to property located at 480 8th St. NE, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of $106,731.43, for payment of $1,597.93, in
relation to Code Enforcement Board Case No. CEPM20120001592.
CONSIDERATIONS: As a result of a code violation at 480 8 th St. NE, consisting of an
unsecured home, the Code Enforcement Board ordered the imposition of a lien against Thu-Nhut
Nguyen in Case No. CEPM20120001592. The lien was recorded in the Official Public Records
on October 9, 2013, at O.R. Book 4973, Page 2084, and it encumbers all real and personal
property owned by Thu-Nhut Nguyen. The lien amount of $106,731.43 is based on 711 days of
accrued fines (January 26, 2013 through January 6, 2015) at $150 per day, plus $81.43 in
operational costs. The property is in compliance as of January 6, 2015.
This property was acquired by Ms. Thu-Nhut Nguyen by grant deed which was recorded on
August 20, 2010. According to her representative, Robson Powers, Esq., Ms. Nguyen expended
over $2,000 to repair the windows and fully secure the home. The home is now under contract
and the lien amount would cause financial hardship, as described in the attached hardship letter
from Mr. Powers.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
payment of a code enforcement lien would impose a financial hardship on the property owner.
Fines accrued by an existing owner may be considered for a waiver as long as the existing owner
has diligently pursued abatement and compliance has been achieved. The owner has been
actively maintaining the property and has paid $1,597.93 in settlement. The owner is requesting
the waiver of $105,133.50 in accrued fines.
FISCAL IMPACT: Payment of $1,597.93 has been made representing $1,516.50 in fines and
$81.43 in operational costs. If approved by the Board, accrued fines in the amount of
$105,133.50 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
conforms to the Board’s policy contained in Resolution 2012-46. KN
RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $105,133.50, accept payment amount of $1,597.93, release the lien, and authorizes the
Packet Page -629-
5/12/2015 16.A.13.
[15-CED-01014/1170827/1]
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
3) Hardship letter
Packet Page -630-
5/12/2015 16.A.13.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.13.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $106,731.43, for payment of $1,597.93, in the code enforcement action
entitled Board of County Commissioners v. Thu-Nhut Nguyen, Code Enforcement Board Case
No. CEPM20120001592, relating to property located at 480 8th St. NE, Collier County, Florida.
Meeting Date: 5/12/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
4/15/2015 2:16:51 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 4/16/2015 10:23:47 AM
Name: WrightJeff
Title: Division Director - Code Enforcement, Code Enforcement
Date: 4/16/2015 2:11:18 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/16/2015 2:20:43 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/18/2015 11:31:59 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/20/2015 9:35:35 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Packet Page -631-
5/12/2015 16.A.13.
Date: 4/23/2015 10:15:23 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/27/2015 8:59:48 PM
Packet Page -632-
5/12/2015 16.A.13.
Packet Page -633-
5/12/2015 16.A.13.
INSTR 4900■08 0R 4973 PC 2084 RECORDED ■0/9/20■3 8:44 AM PAGES 2 DWIGHT E BROCK, CLERK OF THE CIRCuIT CouRT, COLLIER COUNTY FLORIDA
REC S■8.50
CODE ENFORCEMENT BOARD COLLlER COUNTY,FLORIDA
BOARD OF COUNTY COMMISS10NERS,
COLLIER COUNTY,FLORIDA,
Petmonct
VS
THUNHUT NGUYEN,
Respondent
THIS CAUSE came on for public
Respondent 6t which time the Board heard
and Conclusions ofLaw and thereupon
and fumished to Respondent and was
on Octobcr 9,2012 箱e Ordcred
Folio39260480004,more
UNIT No 49,accordulg to the
Collier County,FIorida
An Amdavit
Allgust 21,2013,which Affldavit
ordered
Accordingly, it having bcen
Order dated OctOber 4,2012,it is
ORDERED, that the Respondent)
S36,60000(Orderltem l and 3)For thc
$ I 50.00 per day plus $81.43 operational costs
CASE NO:CEPヽ 120120001592
September 27, 2012, after due notice to
and issued its Findings ofFact
to wttting On octOber 4,2012
,Florida at OR 4844,PG 268
N.8., Naples, Florida 34120,
GATE ESTATES,
1,ofthe pub∥c Rccords of
Enforcement Official on
has not been taken as
has not complied with the
County fines in the amount of
鑑 驚 lttftFs協 出 ン
器需 懲 HTH¨CeTR闊 誂 肌‰凛 :総 ∬ittw::朧 漑 l潔 棚 M、R盟 評 l謬 剛
蹄 郵露 憫 群 炒兆 榊 彗 ∥螺 f蠅 l鵡 鵬 網 が
he「op鍔 癌震∥[:監 ∬器 1∬ま 矧 f器 富 轟 露 :器 鳳盟 響 罵 淵 :｀
∞面 me劉 お n銘 血
DCDNE AND ORDEREDぬ ふ 3_dり 。(b担 コ 6o13 a CtttrcOu噂 ,ROHda
State ol Flo「ida
County oi COLLIER
l HEREBY CERTIFY THAT thisis a tale and
correct
. Board
ORDERIMPOSNG FNEttIEN
in the Public Records
′
Packet Page -634-
5/12/2015 16.A.13.
★'■ OR 4973 PC 2085 +★十
STATE OF FLOmDA )
)SS:COUNTY OF COLLIED
胸 h品 熙 臨 器 懺 器 鮒 鰹 究 器 絆 me or_WhO has produccd a Florlda DHver's Licen
崎 :毯 墜曼 盆 辮 :P・ ・ Nhut Nguyen, I3342 Lucille Street, Carden
Enforcement Board
2to
KAREN G BA:LEY
COMMiSS10"“EC●ア 5121
爺
Packet Page -635-
5/12/2015 16.A.13.
LAW OFFICE OF ‐
CONRAD WILLKOMM,PoA.
3201 TAMIAMI TRAIL NORTH .2ND FLOOR. NAPLES, FLORIDA 34103
April6,2015
YIA CERTIFTED U.S. MAIL R.R.R.
EMAIL: Jeff\ilrieht@.colliersov.net
Collier County Board of Commissioners
c/o Collier County Code Enforcement Division
Director of the Code Enforcement Departnent-JeffWright
Growth Management Department
2800 N. Horseshoe Dr.
Naples, FL34L04
239-252-686s
R-B: Coor ENToRcBwTENT CAsE Ac.uxsr TEU-NEUT Nctrysx
To the esteemed Board Members,
Please be advised that this office has been retained by Thu-Nhut Nguyen to represent her
interests in regards to a Code Enforcement lien and fines located at 480 8th Street NE, Naples,
Florida 34120, parcel no.39260480004. Pursuant to Resolution No. 2012-46 the Director of the
Code Enforcement Department may recommend settlement of code enforcement liens to the
Board. To that end, we request settlement of the above referenced violation for the following
reasons:
On or around September 27,2012, the Board heard case number C8PM20120001592. The Board
found the owner in violation of certain Collier County Code of Laws and Ordinances,
specifically Chapter 22, ArticleVl, section 22-242 and22-231(23xi).
The owner thereafter boarded the windows and exterior doors on Novemb er 1, 2012. A boarding
certificate application was sent to the board on January 31,2013 informing the Board that the
windows and exterior doors had been boarded. Attached to the correspondence were photos of
the boarded windows and exterior doors evidencing compliance. In addition, the inspection
record reveals that the owner was complaiat on February 6,2072. The inspector's note provides
"on site, the viola
3!@" (emphasis added). At this time, due process required the matter to be closed.
Notwithstanding the compliance, the owner was found to be non-compliant at alater inspection
which should have resulted in a new matter and new notices. In any event, the issue was reported
bythe County as abated on January 6,2015.
TEL:239.262.5303・ conrad@swf10ridalaw.cOm oFAX:239.262.6030
www.swfloridalaw.com
Packet Page -636-
5/12/2015 16.A.13.
Page? of?
The current amount owed is currently fixed and no longer accruing on a periodic basis. The
amount due is $106,731.43. This represents 711 days of non-compliance from January 26,2013-
January 6, 2015 which amounts to $ 106,650.00 and $8 1 .43 in operational costs. The underlying
violation resulting in the fine and lien has been abated. As noted, the violation was originally
reported abated n 2012 and was reported by the County as abated on January 6, 2015. The
owner, Thu-Nhut Nguyen, does not have a repeat history of violations with the county and has
diligently worked to abate the violation and was unaware of the non-compliance status after
2012. As the properfy is under contract, the potential new owner also seeks to ensure this matter
is resolved. Moreover, the payment of the full lien amount would impose a substantial and
severe furancial hardship on the property owner. The owner works as a social worker in
Montgomery County and lives on a fixed income. Our client has already spent over $2,000.00 to
abate the violation by replacing and repairing the windows, picking up the trash, repairing the
doors, applying for the necessary permits, and fully securing the property. The fulI amount of the
lien drastically exceeds the costs and expenses incu:red by the County in prosecuting the
violation and obtaining, recording, and enforcing the lien.
Accordingly, the owner wishes to settle case no. C8PM20120001592 by paying all operational
costs in prosecuting the violation and obtaining, recording, and enforcing the lien, i.e. $81.43.
If you wish to discuss this matter, please contact our office directly. We would prefer to resolve
this matter expeditiously and we are willing to communicate with you directly to expedite the
process. Accordingly, your prompt attention to this matter is requested.
Respectfully,
LAW OFFICE OF CONRAD WILLKOMM, P.A.
Packet Page -637-
5/12/2015 16.A.13.