Agenda 09/22/2015 Item #16A 8 9/22/2015 16.A.8.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$87,880.29 for payment of $530.29, in the code enforcement action entitled Board of County
Commissioners v. Frank Paz, Code Enforcement Board Case No. CEAU20110005919, relating to
property located at 125 2nd Street 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$87,880.29, for payment of$530.29, in relation
to Code Enforcement Board Case No. CEAU20110005919.
CONSIDERATIONS: As a result of a code violation at 125 2nd Street NE, which consisted of
an unpermitted fence, the Code Enforcement Board ordered the imposition of a lien against
Frank Paz in Case No. CEAU20110005919. The lien was recorded in the Official Public
Records on March 8, 2012, at O.R. Book 4772, Page 1123, and it encumbers all real and
personal property owned by Frank Paz. The accrued lien amount of$87,880.29 is based on 878
days of accrued fines ($100 per day from January 18, 2012 through June 13, 2014), plus
operational costs of$80.29. The property was brought into compliance on June 28, 2014.
Following a foreclosure, (Case No. 2009-CA-1629), the property was acquired by CKC Property
Holdings, LLC via certificate of title recorded on May 29, 2013. Once the new owner was
informed of the violation, the owner's representative commenced correcting the violation. Due
to the condition of the home, many repairs and unexpected expenses were required, 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 owner has been
actively maintaining the property and has paid $530.29. The owner is requesting a waiver of
$87,350 in accrued fines.
FISCAL IMPACT: Payment of$530.29 has been made, representing $450 in accrued fines and
$80.29 in operational costs. If approved by the Board, accrued fines in the amount of$87.350
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
[1 5-CED-01050/1203222/1]
Packet Page -618-
9/22/2015 16.A.8.
RECOMMENDATION: That the Board waive the accrued fines in the amount of $87,350,
accept payment amount of $530.29, 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, Division Director, Code Enforcement Division, Growth Management
Department
Attachments: I) Release and Satisfaction of Lien, 2) Lien Order and 3) Hardship letter
115-CED-01050/1203222/1]
Packet Page-619-
9/22/2015 16.A.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.8.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$87,880.29 for payment of$530.29, in the code enforcement action
entitled Board of County Commissioners v. Frank Paz, Code Enforcement Board Case No.
CEAU20110005919, relating to property located at 125 2nd Street NE, Collier County, Florida.
Meeting Date: 9/22/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Growth Management Department
8/19/2015 3:23:39 PM
Approved By
Name: WrightJeff
Title: Division Director-Code Enforcement, Growth Management Department
Date: 8/19/2015 3:58:37 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:17:44 PM
Name: PuigJudy
Title: Operations Analyst, Growth Management Department
Date: 8/27/2015 3:18:14 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/27/2015 3:29:48 PM
Name: WilkisonDavid
Title: Department Head-Growth Management Dept. Growth Management Department
Date: 8/28/2015 2:13:05 PM
Name: KlatzkowJeff
Title: County Attorney,
Packet Page -620-
9/22/2015 16.A.8.
Date: 8/31/2015 10:38:37 AM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 9/3/2015 10:50:32 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 9/8/2015 1:25:56 PM
Packet Page-621-
9/22/2015 16.A.8.
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:
Frank Paz
Respondent
The lien was recorded on March 8, 2012, in Official Records Book 4772, Pages 1123, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of three
thousand seven hundred eighty dollars and twenty-nine cents ($3,780.29), 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: By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
l i
Kevin Noell
Assistant County Attorney
CEAU20110005919
Packet Page -622-
- INSTR 4666235 OR 4772 PG 1123 RECORDED 3/8/2012 11:07 AM PAGES 2 9/22/2015 16.A.8.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEAU201 10005919
vs.
FRANK PAZ,
Respondent
ORDER IMPOSING FINE/LIENS
THIS CAUSE came on for public hearing be on November 18,2011,after due notice to
Respondent at which time the Board heard testi •.•y a .P,o Gor pe}v evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issu '' • S •er w i ' d to writing on November 22,2011,
and furnished to Respondent and was rec de. • + e Public Records o .1,Ite ounty,Florida at OR 4744,PG
1125,et.seq.on December 8,2011. ,
An Affidavit of Non-Compliance hFas beeen� ed the Board by th Cody Enforcement Official on
January 24,2012,which Affidavit certified •'_•, ••• «.,: a s, fve action has not been taken as
ordered. \ •/ I
i
Accordingly,it having beenlIhroug to e :•'•• •• •:••n th pri nt has not complied with the
Order dated November 22,2011,it is
ere 1
r,
ORDERED,that the RespondentrYtank Paz,pay to Collie$ i5ur�ky,fi e5 in the amount of$3,700(Order
Items I&2)at a rate of$100/day for the,*iod of January 18,2012 ~ ebruary 23,2012(37 days),plus
operational costs of$80.29 for a total of S3,7&09 , \i/
IT IS FURTHER ORDERED that the f es-ati3a costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
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.
DONE AND ORDERED this day of ,2012 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIE: • TY,FLORIDA
►; of �u�Rli3t
Siarw.
-:aunty of cqt sr: r
.%obert}Kauf••1, ` • air
i HEREBY'CERTIFY T'NAt this is a {-ue and 2800 No L. oe Drive
.orreet Coordt Z.aacu en^-pA fife in Naples,El a 34104
tv4riiite5 and Rec`prOs.:at
Cotner Count
t E`S -inv ri':.o..rid''•. »'. seal this
� •A oro
r;
WIGHT E. BROEG ,CLERK OF COURTS
WO 4.
Packet Page -623-
9/22/2015 16.A.8.
*** OR 4772 PG 1124 ***
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day of 4-0, rL)Oaf
2012,by Robert Kaufman,Vice Chair o e Code Enforcement Board of Collier County,Fl •' . . '----
personally known •.. or who has produced a Florida Driver's License aside •' :tion.
URBOOMQ 0 i`(•',-.,Z``= kr/CON 4er22,2015 NOTARY PUBLIC
=': A: '► p"�"U � My commission expires:
ki7 l'09411" CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct Co• of this a ER has been sent by U.S.Mail to Frank
Paz,2864 l0 'Avenue S.E.,Naples,FL 34117 •' ,!; •a - 2012.
i\ J /
Y . l
C ..1...; •.A'!son, ` •`
f j orida Bar o.7503Y,1
f f - .2375 Non iami II,Ste.208, , , ,,...,, „ . , _ ,
1 ,,, „„r„,, ,,, ,
1 e•-■ki...... \_______,/ :.:., ,, L, 1(---)
-ry.,\ j ,r
-.
f
Packet Page -624-
9/22/2015 16.A.8.
From:jeanette kuszlyk[mailto:ieanetteCeuckcpropertvhoidinas.comj
Sent: Wednesday,August 05, 2015 2:01 PM
To: BurgosIliana
Subject: RE: FW: 125 2nd St NE Naples, Fl -Waive leins
Dear Code Enforcement,
I purchased a bank foreclosure and upon buying the home, I had to remove an abandoned fence,fix
major electrical issues, install new flooring, repaired the roof, repaired the ac,cleared abandoned debris
in the yard and the redid the entire inside of the house as it appeared it was an old grow house.
I received a call from code after I bought the property telling me about the fence being unpermitted. I
told them I removed it when I saw it laying there on the ground when I first bought the house as it was
an eyesore. I received another call back from code many months later stating in order to close the case
the county required me to pull a demolition permit. I did not understand that and questioned it but he
said it had to be done in order to close the file. He was aware the fence was removed the first 30 days
of my buying it but he never closed the case until he asked me to pull a demo permit(many months
later),which I gladly did. I went to refinance this house and discovered that the county has a lien on
the house.
I paid 85k for this house and invested over 20k to repair it. (105k total) The taxable value of the home is
64k as of 2015.
It would put a financial hardship on me if I had to pay a $35,000 fine on something I did not do nor did I
know about the code case. The fine is more than half of what I paid for the house. I invested over 20k
to clean up this house and make it a presentable house in the neighborhood. Please understand that a
35k lien would put the value of this house SIGNIFICANTLY upside down and we would owe more than it
would ever be worth and could lead to it going back into foreclosure which is not what I want.
I am attaching a spreadsheet of the repairs I put into the house to clean up this house and
neighborhood.
Thank you for taking the time to review this,
Jeanette Kuszlyk
****Please note ]
have a new email address ieanc'ttc ckcpropertviaoldirig.s.c°nrn
Thank you,
Packet Page -625-
9/22/2015 16.A.8.
..,—
0)
m
0.
(D000000m ,000000 , 000 ,
m0000 (00 , 0000c00000 c.)
4666c5r- r-Hriric5666611-5666 •
mm0011-) 04m - mL01.01.0 .tf- Lr) ,----1- 0 V
NM .4- 0MCD
.. .
,- 0.1 A.... r vs: Nt .x■
0
N
IC,
•(•••
cz
N
UJ
16 U)
0 M 0
■J C
0
GO
—i m .0
0
O "") a) 4._
0 (I) Z
_
0
Z
or TA 0 0)
(ID ry
in
.,.7.
E \I
-o c
o ,..--
_J 0 .r.
N M
17 w
O MI Csi 75 Lr)
m >
_, z
. 1- t..-
v
v. ,.,) .....= e. = cF-
_
cr) cn p.)
s a) ).)
C.)
rt CD Ew
I:71.) 0 2
>... — 0
LU = E '" - -0 0 0) _ c„ 2z
• - - :_ ._ ON
CL
C) 0 -0 0 c■ia) '-6 - ES ii; •
zLo
1.1. --E'
al
0. Ma
• ri) c c_ to 0
vw
;:-.. • cu a)
C.) CJ
..- , -I 0
L. 4., O -J (N
0 8
0. a
z w 4")
7,5 N z csJ i-
t-5
. .
o z
(t) ,_ — .-• ,- Li j
=6 ZCO
0 ‘11.75 CsiNC!)
r.) E 17; if, inDuj
(NN , z
LL. ..., 1:: o.
= .1 I-, p = = , .
. op IY - oo o ' , „ __, o
iii c= u < o •- • .a-... 1.11 LJJ Lll • u_ 11J •
-7., OZW > itT.57tZZZtOO -
-0 LZ1.5
, . - 2
— 1-Jo
co 7.7) '5512-, W2227.7; WW2V.,
o
a o < 0 -6 0 LI- -1111-1
a0C
o — 0 0W3 .--
CC 0 = Ww .000 m-J -J -JOWWE -JO CU
• - 2 (y, , fmcom , 22Hm 4■•
lf) CO
(2) :-.., < O < MLM000 ,—. 00 < 0 .1, 0
i"--
a
co MMM MMMMMMMMMMMM
Lo ,-- ,- ,- Mme—r- r- ,- ,--e- ,- - ,--- ,- e- ,--
— 35 35 — c c N "rz N- CO CO 36 35 *-6- (0- 3.1 CO
P oqNmmr- ,- ,- ,- ,- ,- ,- ,- Nm ,- N ,-
6 incoc-i5cocOiBiBi0c0000 (1) r: r-- cs)
a
- 2
el
0) 'Cr
'CD
= CV
T.) WWWWWWWWWWWwWWWILILLI r-
::-=- ZZZZZZZZZZZZZZZZZ ...,
ca
as
-:-...- ri) (I) CO 0 CD tn U) cf) 1.f) Cf) (f) U) cf) cf) cf) VD CO In
a) -0 -c -c -u -07D -07D7D -c, -01:1 -0 -0 -0 -07
C) CCINNNe\lNNC■le■iNeCINNeNINc7iN N
ni LO ln LO LO U0 t.0 1-0 (.0 L') (0 (0 In LO L0 LO LO cn i"-----
-, CV N CV N N CV CV CV CV CV CV CV CN CN CN CV CV
E.." ,- ,--- ,- ,- ,- •,- ,- ,- ,- •,- . . . - . ,-- t6
Packet Page -626-