Agenda 09/08/2015 Item #16A259/8/2015 16.A.25.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$96,979.28 for payment of $679.28, in the code enforcement action entitled Board of County
Commissioners v. Hector Oroso and Jacqui Hamilton, Code Enforcement Special Magistrate Case
No. CEPM20130011657, relating to property located at 3043 44th St. SW, 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 $96,979.28, for payment of $679.28, in relation
to Code Enforcement Special Magistrate Case No. CEPM20130011657.
CONSIDERATIONS: As a result of a code violation at 3043 44th St. SW, which consisted of
roof damage to a vacant foreclosed home, the Special Magistrate ordered the imposition of a lien
against Hector Oroso and Jacqui Hamilton in Case No. CEPM20130011657. The lien was
recorded in the Official Records on July 31, 2014, at O.R. Book 5063, Page 842, and it
encumbers all real and personal property owned by Hector Oroso and Jacqui Hamilton. The lien
amount of $96,979.28 is based on 387 days of accrued fines ($250 per day from June 3, 2014
through June 24, 2015) plus $229.28 in operational costs. The confirmation of compliance took
place on June 24, 2015.
Following a foreclosure (Case No. 2007 -CA -435), Richard Mair, Trustee of the 3043 44th St SW
Land Trust, et al., acquired the property via certificate of title on May 6, 2015. The County's
lien for this property was filed after the foreclosure lis pendens, and is not presently enforceable
as to the property in question.
Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when a
code enforcement lien encumbers property that is under new ownership and compliance has been
achieved within 30 days. In this case, abatement took place within 30 days, but abatement was
not confirmed until 48 days after taking title. (See attached email) The property is being
actively maintained and the owner has paid $679.28. The owner is requesting a waiver of
$96,300 in accrued fines.
FISCAL IMPACT: Payment of $679.28 has been made, representing $450 in fines, $229.28 in
operational costs. If approved by the Board, accrued fines in the amount of $96,300 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
[ 15 -CED- 0 1 03 8/1 1 963 57/1 ]
Packet Page -761-
9/8/2015 16.A.25.
RECOMMENDATION: That the Board waive the fines in the amount of $96,300, accept
payment amount of $679.28, 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 and 3) Hardship letter
[15- CED- 01038/1196357/1
Packet Page -762-
9/8/2015 16.A.25.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.25.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of $96,979.28 for payment of $679.28, in the code enforcement action
entitled Board of County Commissioners v. Hector Oroso and lacqui Hamilton, Code
Enforcement Special Magistrate Case No. CEPM20130011657, relating to property located at
3043 44th St. SW, Collier County, Florida.
Meeting Date: 9/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
7/17/2015 3:50:32 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 3:44:57 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 7/23/2015 4:15:01 PM
Name: WrightJeff
Title: Division Director - Code Enforcement, Growth Management Department
Date: 7/31/2015 1:58:40 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/3/2015 8:30:43 AM
Name: WilkisonDavid
Date: 8/3/2015 9:24:22 AM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page -763-
Date: 8/5/2015 9:14:24 AM
9/8/2015 16.A.25.
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of
Date: 8/10/2015 2:59:13 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/18/2015 1:28:30 PM
Packet Page -764-
9/8/2015 16.A.25.
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:
Hector Oroso and Jacqui Hamilton
Respondents
The lien was recorded on July 31, 2014, in Official Records Book 5063, Page 842, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of eleven
thousand seven hundred twenty -nine dollars and twenty -eight cents ($11,729.28), 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
By:
Deputy Clerk
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20130011657
By:
Tim Nance, Chairman
Date:
Packet Page -765-
INSTR 5013830 OR 5063 PG 842 RECORDED 7/31/2014 3:56 PM PAGES 2 9/8/2015 16.A.25.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
,SPECIAL MAGISTRATE
Case No. — CEPM20130011657
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
HECTOR OROSO AND JACQUI HAMILTON,
Respondents.
THIS CAUSE came before the Sp`edcial" istrate for ublit hearing upon the Petitioner's
Motion for Imposition of F'nes/dties RBt yarSi{4 Special Magistrate, having heard
argument respective to all a�pro `�i iate maters, }' hgreu is�ite itsl Findinas of Fact and Order of the
Special Magistrate, as follows:t"�
FINDINGS OFT
1. On May 2, 2014, Respondent r ound guilt; of viol n 6 Collier County Code of Laws and
Ordinances, Chapter 22, Arti I- on22 -?s1( "?}(c� far roof damage to vacant foreclosed
home, which violation occurred o O� p e 4&at 3043 440' Street SW, Naples, FL,
Folio 936004280007 (Legal Description: EN GATE UNIT 3 BLK 106 LOT 17).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 2, 2014, or a fine of 5250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5040,
PG 2575).
3. Operational costs of $115.40 incurred by the County in the prosecution of this rase were ordered
to be paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did
not appear at the public hearing, and no legal defense to the Motion was presented.
5. No Request for Re- hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been
timely filed.
6. The violation has not been abated as of the date of the hearing.
Packet Page -7667
* ** OR 5063 PG 843 9/8/2015 16.A.25.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2007 -44, as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is panted.
B. Daily fines of $250.00 per day are assessed against Respondent for 46 days for the period from
June 3, 2014 to July 18, 2014, for a total amount of fines of $11,500.00.
C. Respondent shalI pay the previously assessed operational costs in the amount of $1 15.40.
i
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$113.88.
E. Respondent is ordered to pay fines and costs in the total amount of 511,729.28 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
F. The daily fine of $250.00 shall', inue to accrue until, b,•ttemcnt has been confirmed by a Collier
16_, ^�
County Code Enforcement Invests ator.
DONE AND ORDERED this � day i�`�V ' �' , iAlk t Collier County, Florida.
tai 1 t�, v F 1 c
' COLL -CC?W- CODE ENFORCEMENT
SPECIALVAQiMT TE
NDA C. G TSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252 -2343. Any release of lien or confirmation of compliance or confinnation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shalt not be a hearing de nmv,
but shall be limited to appellate review of the record created within the original hearing. it is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
State of Florida
County of COLLIER-
cc: Respondent — Hector Oroso and Jacqui Hamilton 1 1 ,j f�,js is a free and
Collier Co. Code Enforcement Dept. corre tppy tsf -a UGC nf-,o Re in
Board ji.fdutps and Reccsds pf oilier County
„$S my hid and alicsat ea! this
:day off
DWIGHT EVRI CK, C 4ZRK of COURTS
Packet Page -767-
9/8/2015 16.A.25.
Burgosiliana
From: info@tikaproperbes. info
Sent: Thursday, July 09, 2015 1:07 PM
To: Burgosiliana; 'David M. Brown'
Cc: Wright Leff, SerranoMarlene; VillarrealRosa; info @tikaproperties.info
Subject: RE: 3043 44th St SW
Attachments: roof permit 303444th st sw.pdf
hello,
On monday the 13th, 1 will have someone come in with the check for $2,696.66 to payoff the first set of liens
from below.
I would like to request an abatement of the "fines for the current property owner" due to these reasons and
facts below:
The current owner took title as of May 6th, 2015. This property was vacant and in need of major repair for a
long period of time as verified by the many code violations. The roof itself cost $12,000 to repair because it
was so badly damaged (and wouldn't you know one week after it was repaired a tree fall on it, no real damage
though thankfully).
On May 20th I sent an email to Illeana saying " IT be calling Chris Ambach today to go reinspect the property
and sign off that the violations have been fixed. The roof is almost complete, we are just waiting on the final
inspection from the county."
During this period I was trying to finish up 4 projects before I was to leave on a summer trip so unfortunatley I
forgot to contact Chris to reinspect and it wasn't till June 16th that I emailed Illeana saying I didn't have Chris's
contact information and she responded to my email along with cc'ing Chris.
This "fines for the current owner" is not in the spirit of the county's resolution which states in part "would be
considered for waiver so long as the new owner has diligently pursued abatement and compliance has been
achieved," which I believe we have. My company and the county have been able to work together for many
years and on multiple properties in the past to alleviate some blighted properties and help the neighborhoods
they are located in.
1 believe, technically, we were incompliance with the case within 30 days. I've attached a printout from the
property card showing the final roof inspection, which had passed, was done on June 1st which is within 30
days of ownership. It just took a little longer to finish up on the paperwork than usual.
So please consider removing the fines from this. I will glady pay for the hard operational costs as usual. Your
quick attention to this is appreciated, we'd like to be included on the soonest available commissioner meeting
in September.
Thank you,
Tim Casey
Packet Page -768-