Agenda 07/07/2015 Item #16A157/7/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$439,163.18 for payment of $5,000, in the code enforcement action entitled Board of County
Commissioners v. Heriberto and Antonio Perez, Code Enforcement Board Case No.
CES1320080000222, relating to property located at 5384 Carolina Avenue, 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 $439,163.18, for payment of $5,000, in relation
to Code Enforcement Board Case No. CESD20080000222.
CONSIDERATIONS: As a result of a code violation at 5384 Carolina Avenue, which
consisted of improvements made to a rear structure on the property, without first obtaining the
required Collier County permits, the Code Enforcement Board ordered the imposition of a lien
against Heriberto and Antonio Perez in Case No. CESD20080000222. The lien was recorded in
the Official Public Records on December 2, 2008, at O.R. Book 4410, Page 3220 and it
encumbers all real and personal property owned by Heriberto and Antonio Perez. The accrued
lien amount of $439,163.18 is based on 2,219 days of accrued fines ($200 per day from August
23, 2008 through September 19, 2014), plus operational costs of $363.18 and less $5,000
previously paid on a partial release on a different property owned by the Respondents. The
property was brought into compliance on September 19, 2014.
Marcy Cohen acquired this property via short sale pursuant to Warranty Deed recorded on
December 10, 2013. Ms. Cohen encountered unforeseen circumstances and expenditures in
bringing the home into compliance as evidenced by the attached hardship letter.
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 new owner has been
actively maintaining the property and has paid $5,000 in settlement of the outstanding lien. The
owner is requesting waiver of $434,163.18 in accrued fines.
FISCAL IMPACT: Payment of $5,000 has been made, representing $4,636.82 in accrued fines
and $363.18 in operational costs. If approved by the Board, accrued fines in the amount of
$434,163.18 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
[I 5-CED-01 029/1184322/11
Packet Page -903-
7/7/2015 16.A.15.
RECOMMENDATION: That the Board of County Commissioners waive the accrued fines in
the amount of $434,163.18, accept payment amount of $5,000, release the lien and authorize the
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
[I 5-CED-01 029/1184322/1 ]
Packet Page -904-
7/7/2015 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $439,163.18 for payment of $5,000, in the code enforcement action
entitled Board of County Commissioners v. Heriberto and Antonio Perez, Code Enforcement
Board Case No. CESD20080000222, relating to property located at 5384 Carolina Avenue,
Collier County, Florida.
Meeting Date: 7/7/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
6/10/2015 10:09:20 AM
Approved By
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 6/10/2015 12:51:12 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:09:58 AM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 6/11/2015 10:10:35 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/11/2015 10:31:51 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 6/20/2015 7:31:42 AM
Name: IsacksonMark
Packet Page -905-
7/7/2015 16.A.15.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 6/22/2015 8:37:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/24/2015 1:26:49 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/25/2015 10:08:39 AM
Packet Page -906-
7/7/2015 16.A.15.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252 -2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Heriberto and Antonio Perez
Respondents
The lien was recorded on December 2, 2008, in Official Records Book 4410, Page 3220, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of fifteen
thousand three hundred sixty -eight dollars and eighteen cents ($15,368.18), plus accrued
interest and penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
0
By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CESD20080000222
Packet Page -907-
7/7/2015 16.A.15.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO. CESD20080000222
vs.
HERIBERTO AND ANTONIO PEREZ,
d
Respondents,
ORDER IMPOSING FINE/LIEN
v
THIS CAUSE came on for public hearing before the Board on April 24, 2008, after due notice to
P. Respondents at which time the Board heard t evidence, and issued its Findings of Fact
,N o and Conclusions of Law and thereuponf sue' oral Order which was uce to writing on April 28, 2008 and
ieC ea
M � �
furnished to Respondents and was ord m #lei lie Recor to) Collier County, Florida at OR 4356, PG 1853,
Q. o et. seq. on May 5, 2008.
An Affidavit of Noncompl Vice t h oar a
I Enforcement Official on
�+ i t ;
OA November 5, 2008, which Affidavit o fled under oath that the r ldredc � vie action has not been taken as
C'n �°, ordered.
a Y Accordingly, it having been brought`t tht,*''littn ' espondents have not complied with the
Order dated April 28, 2008, it is hereby
O N
a a
ORDERED, that the Respondents, Heriberto and Antonio Perez, pay to Collier County fines in the amount
of S 15,000 for the period of August 23, 2008 through November 5, 2008 (75 days) at a rate of S200 per day, plus
$363.18 for the operational costs, for a total of S 15,368.18.
o x IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents
v o
a
x c come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
a aq ps
o c.>
a Florida Statutes.
�o
An a eved may appeal a final order of the Board to the Circuit Court within thirty (30) days of
c Y 8b*n Part}' Y PPe
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
Packet Page -908-
N
N
c+�
6
cz..
0
cr+
a
O
Je
*c
•*c
7/7/2015 16.A.15.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this ,�= day of %,—j L, 200$ at Collier County, Florida .
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was ac
Lefebvre, Chair of the Code Enforcement
me or /who has produced a Floridan
MM WXTON
MY Comk4SSIOM i DD 6
EORES. June 18, 26
aowednmNamrPleku16,
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLO A
BY:
erald Lefebvre air
2800 North H seshoe Drive
Naples, Florida 34104
W
AR
day of 01J. , 2008, by Gerald
, who is personally known to
1 1 � f 11 ..w
1 HEREBY CERTIFY tha %"e and correct copy of s ORD . as`'b en sent by U. S. Mail to
Heriberto and Antonio Perez, P. O.O' r� 6$4, Marco Island, Flo ri r 4146 t""'day of
2008. �'
, - Cl ule son, Esq.
nda Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste, 300
Naples, Florida 34102
(239) 263 -8206
A ft or FWRlDA.
'ouaw of COLUER
i HEREBY CERTIFY THAT#hip !s 8 tW of
: orrect copy of a eoau --& on ft in
Board Minutes ��.�` -�s.of-Coll1brCoo*
AUUE cl my W
tk3y 0'
DWIGHT E. BROCA, CLERK OF COWS
Mfr 44 *.
Packet Page -909-
7/7/2015 16.A.15.
1 -2
RE: 5384 Carolina Ave
Naples, FL
To Code Enforcement Board
Please accept this letter as a formal explanation for my lengthy action as to bring my
property up to code with Collier County.
November 30, 2013 - I purchased this property while was tenant occupied. At that time
I was informed that a lien was placed on the property due to a code violation; but if all
matters were brought up to code, the violation and lien would be satisfied. I agreed and
went forward with the closing.
Once I gained ownership I tried to vacate the property but tenants requested to remain
on property until the end of the year due to the wife being pregnant and holidays were
around the corner resulting in difficulties in obtaining a new residency. I felt sympathy
for them and agreed to extend the moving date to January 15, 2014. Prior to mid -
January they contacted me and informed that they were facing financial hardship with
their newborn and moving expenses and needed more time.
March 15, 2014 — Tenants moved out, and property became vacant allowing me to view
existing conditions, i.e., code violations.
At this time I hired an engineer to inspect the property who advised compliance could
be obtained through building permits.. The process then began with the engineer in
preparing all documentation for permit submittal, i.e., plans, surveys, etc.. these took a
substantial amount of time to gather due to I had to depend on several individuals to
provide them and causing an unexpected extremely amount of money as well.
Additionally, the code enforcement fines are accruing and am limited to compliance
since permits cannot be submitted without the necessary documents.
April 22, 2014 — The building permit was submitted. - Paid $455
April 29, 2014 — The permit was rejected, for additional information was need. This was
provided to the engineer for corrections, more time accumulating beyond my control,
adding to fines.
May 9, 2014 — Corrections were approved.
May 12, 2014- Permit approved.
June 3, 2014 — Permit issued - Paid - $1905.50
Packet Page -910-
7/7/2015 16.A.15.
2 -2
June 11, 2014— September 17, 2014 - Inspections commenced:
September 19, 2014 — Certificate of Compliance obtained.
As outlined above you may see my efforts and responsibility in obtaining compliance
were never delayed for one minute as soon as I acquired the property. The
desperation, obstacles, and additional substantial amount of money I faced during this
time were depressing and detrimental to my health. I am a sixty -eight year old lady who
bought this property to move from the high paced congested Miami area to paradise
Naples upon retiring. Retirement must be delayed due to the financial burden this issue
has caused.
Since I unfortunately inherited these violations, but did not avoid compliance, I am
requesting this Board to consider waiving all fines /penalty on my case, to hopefully
make this a satisfying resolution.
I thank you in advance for your time and consideration in this matter.
Packet Page -911-