Agenda 12/08/2015 Item #16A13n.
12/8/2015 16.A.13.
EXECUTIVE SUMMARY
Recommendation to approve the release of three (3) code enforcement liens with a combined
accrued value of $419,000 for payment of $450, in the code enforcement actions entitled Board of
County Commissioners v. Sergio and Sara Garita, Code Enforcement Board Case Nos.
CEAU20110011945, CEPM20110001296 and CESD20110001287, relating to property located at
42015th Street SW, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release three
(3) code enforcement liens with a combined accrued value of $419,000, for payment of $450, in
relation to the Code Enforcement Board Case Nos. CEAU20110011945, CEPM20110001296
and CESD20110001287.
CONSIDERATIONS: As a result of various code violations at 420 15th Street SW, as reflected
below, the Code Enforcement Board ordered the imposition of two liens against the property as
follows (in chronological order based on lien recording date):
The lien in Case No. CEAU20110011945 was recorded in the Official Records on January 31,
2012, at O.R. Book 4760, Page 397 (for the building of a fence on the property without first
obtaining the required permits) and it encumbers all real and personal property owned by Sergio
and Sara Garita. The lien amount of $118,900 is based on a total of 1,189 days of accrued fines
(at $100 per day from November 27, 2011 through February 27, 2015). Operational costs had
been paid previously. The property was brought into compliance on February 27, 2015.
The lien in Case No. CEPM20110001296 was recorded in the Official Records on May 9, 2012,
at O.R. Book 4795, Page 739 (for an unmaintained pool with black water) and it encumbers all
real and personal property owned by Sergio and Sara Garita. The lien amount of $15,500 is
based on 62 days of accrued fines ($250 per day from November 11, 2011 through January 11,
2012). Operational ,and abatement costs were previously paid. The property was brought into
compliance on January 11, 2012.
The lien in Case No. CESD20110001287 was recorded in the Official Records on May 9, 2012,
at O.R. Book 4795, Page 741 (for expired permits and no certificates of completion/occupancy
for the pool, game room addition, lanai and no permit for a shed in the rear of property) and it
encumbers all real and personal property owned by Sergio and Sara Garita. The lien amount of
$284,600 is based on 1,425 days of accrued fines ($200 per day from November 27, 2011
through October 21, 2015) plus $81.15 in operational costs, less $481.15 the title company paid-
at closing. The property was brought into compliance on October 21, 2015.
The property was acquired by Aurelio Rendon and Margarita Rojas, via special warranty deed on
February 13, 2015. At the time of purchase, this home was in disrepair and had (3) code
enforcement violations. It took the new owners almost eight (8) months to bring it into
compliance. The new owners worked diligently and expended approximately $60,000 to achieve
compliance, as evidenced by the attached hardship letter.
[15- cEn-01 oil /1221407/11
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12/8/2015 16.A.13.
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. The property is being actively maintained and the owner has paid $450 in settlement.
The new owner is requesting a waiver of $418,550 in accrued fines.
FISCAL IMPACT: Payment of $450 has been made and if approved by the Board, accrued
fines in the amount of $418,550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Sgmmary.
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: To waive the fines in the amount of $418,550, accept settlement
payment amount of $450, release the liens, and authorize the Chairman to sign the attached
releases and satisfaction of liens for recording in the Official Public Records.
Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth
Management Department
Attachments:
1) Release and Satisfaction of Lien (3)
2) Lien Orders -
3) Hardship letter -Due to the size of the document, it is accessible at:
[ 15-CED -01071 n 221407/1 ]
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12/8/2015 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 three (3) code enforcement
liens with a combined accrued value of $419,000 for payment of $450, in the code enforcement
actions entitled Board of County Commissioners v. Sergio and Sara Garita, Code Enforcement
Board Case Nos. CEAU20110011945, CEPM20110001296 and CESD20110001287, relating to
property located at 420 15th Street SW, Collier County, Florida.
Meeting Date: 12/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/6/2015 3:41:59 PM
Approved By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
Date: 11/6/2015 3:56:20 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/9/2015 11:57:02 AM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/9/2015 1:26:42 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/10/2015 4:20 :24 PM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/10/2015 4:26:07 PM
Name: MarcellaJeanne
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12/8/2015 16.A.13.
Title: Executive Secretary, Transportation Administration ^
Date: 11/12/2015 8:40:36 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/12/2015 11:45:40 AM
Name: IsacksonMark
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/16/2015 11:32:09 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/16/2015 12:46:10 PM
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12/8/2015 16.A.13.
This Instrument Prepared By:
Marlene Serrano
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:
Sergio and Sara Garita,
Respondent
The lien was recorded on May 9, 2012, in Official Records Book 4795, Page 741, in the Official
Records of Collier County, State of Florida. The lien secures the principal sum of thirty
thousand four hundred eighty -one dollars and fifteen cents ($30,481.15), 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
CESD20110001287
By:
Tim Nance, Chairman
Date:
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12/8/2015 16.A.13.
This Instrument Prepared By:
Marlene Serrano
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:
Sergio and Sara Garita,
Respondent
The lien was recorded on May 9, 2012, in Official Records Book 4795, Page 739, in the Official
Records of Collier County, State of Florida. The lien secures the principal sum of sixteen
thousand nine hundred sixteen dollars and seventy -six cents ($16,916.76), 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
CEPM20110001296
By:
Tim Nance, Chairman
Date:
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12/8/2015 16.A.13.
This Instrument Prepared By:
Marlene Serrano
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:
Sergio and Sara Garita,
Respondent
The lien was recorded on January 31, 2012, in Official Records Book 4760, Page 397, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand four hundred eighty dollars and fifty -seven cents ($5,480.57), 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
M
Deputy Clerk
By:
Date: Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
/-%,, CEAU20110011945
Tim Nance, Chairman
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INSTR 4652634 OR 4760 PG 397 RECORDED 1 /31/2012 1:58 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $28.50
CODE ENFORCEMENT' BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
SERGIO AND SARA GARITA,
Respondents
12/8/2015 16.A.13.
CASE NO.: CEAU20110011945
THIS CAUSE came on for public r ctober 27, 2011, after due notice to
Respondent at which time the Board he e ' ny under oath, a
Conclusions
idence, and issued its Findings of Fact
and of Law and thereup i its oral Order which was
duc to writing on November 2, 2011,
and furnished to Respondent and rec ublic RecQrds of
slier ounty, Florida at OR 4734, PG
2811, et seq. on November 8, 201 y
An Affidavit ofNon -Co pli e e fi e r
t e C de Enforcement Official on
December 7, 2011, which Afilda t ce ifs dun er at t t u= d
o �tiv action has not been taken as
ordered. r"*
t°-
Accordingly, it having be ght to the Board's atte n t at
t dent has not complied with the .
Order dated November 2, 2011, it is
ORDERED, that the Respond is io and Sara Ganta,
tier County fines in the amount of
55,400 (Order Items I & 2) at a rate of S e '
r 27, 2011 through January 19, 2012 (54
days), plus the operational costs of S80.57 fo fifs
IT IS FURTHER ORDERED that the fines and operational 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 0 day oft..!_ tL 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
:ours!;. of COI 1 tER C.- -
s.. BY:
I j -1 FRE —r' C &T(r ;r' jJ' is i5 a }'t13 wll Kenneth a iy, Chair
:ot rc�* -! Ct^l+ C�
�r dti*rt�^�}t?rt fits in 2800 North Horseshoe Drive
Naples, Florida 34104
€�r: =u t�Qttt!s` tin I;CC r ?t•COlii9CCGOtt p
tt• _' ' r ,r usn ,o t ; dt3I seal this
0LE K OF COi1RTs
Packet Page -557-
le�
. *'** OR 4760 PG 398 '* **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
12/8/2015 16.A.13.
The foregoing instrument was acknowledged before me this�� y of 0� .
2012, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier Coi tty, Florida, who is
/ personally mown to me or who has produced a Florida Driver's License as identification.
v6.ldii- TWEN7E
�.� NOTARY PUBLIC
.
=p Notary Pubht State of ftOridi
. rt% romm Expires Jun 18.2015 My commission expires:
Cu• •..,sPaa # EE Bt27?
#,,,tonal ttotary CERT,
I HEREBY CERTIFY that a t copy c
and Sara Garita, 420 15'" Street S.W. �, lorida 34117
t s, gonna 3 t3
23 20+:'
y
p
Packet Page -558-
sent by U. S. Mail to Sergio
�A .2012.
.208
#STR 4691458 OR 4795 PG 739 RECORDED 5 /9/2012 2:17 PM PAGES 2
' MIGHT '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,
VS.
12/8/2015 16.A.13.
Petitioner, CASE NO.: CEPM20110001296
SERGIO AND SARA GARITA,
Respondents
THIS CAUSE came on for pu ' g before the Bo ber 27, 2011, after due notice to
Respondents at which time the Board stimony under oath, recei d e " ence, and issued its Findings of
and Conclusions of Law and thereu n is rder wht was re uce o writing on November 2, 2011,
and furnished to Respondents and as oni� tic o so
f C tier ounty, Ftortda at OR 4734, PG
2809, et. seq. on November 8, 201
An Affidavit of Com tia ce If S, n le wi h b
P C e E forcement Official on January
26.2012, which Affidavit cenifie t e v ct ortfi been taken as ordered..
Accordingly, it having be � ght to the Board's atte n t t dents have complied with the
Order dated November 2, 2011, it is
ORDERED, that the Respon s io and Sara Garita, Iier County fines in the amount of
S 1 5,500 (Order Items 2 and 4) at a rate o he ber 11, 2011 through January 11, 2012
(62 days ), plus abatement costs of S 1,335.90 �r� � 0.86 for a total of S 16,916.76.
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 F day of , 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
'ts#s a: F U IRIVA
s aunty of COLUER
I HEREBY CERTIFY'ii`lAT WS k s "%W all!
:orreet COPY or a documment as the 411
Soard Minutes afid Recotos of CoptW 0*0*
N niSS my hand 00 C 19 t Mb
y Of
OWI • BRUGiE. C �, ' • t Jf .
ItVk
- t•.
`� ;;�: Packet Page -559-
Fact
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 F day of , 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
'ts#s a: F U IRIVA
s aunty of COLUER
I HEREBY CERTIFY'ii`lAT WS k s "%W all!
:orreet COPY or a documment as the 411
Soard Minutes afid Recotos of CoptW 0*0*
N niSS my hand 00 C 19 t Mb
y Of
OWI • BRUGiE. C �, ' • t Jf .
ItVk
- t•.
`� ;;�: Packet Page -559-
** OR 4795 PG 740 **
12/8/2015 16.A.13.
STATE OF FLORI DA )
)SS:
COUNTY OF COLLIER) _ ,,
The foregoing instrument was acknowledged before me this 1� day of
2012, by Robert Kauf nan, Chair of the Code Enforcement Board of Collier Coumy, Florida, who is
.., sr�aaily known to me or --"who has produced a Florida Driver's License as identification.
` KRISIINE TWENTf�„aLY�� �► �,5��{/t�
' `'N Natuy Public - State cr Flcrme
t'y Comm. &piles Jul, ',1 �0•.' OTARY PUBLIC
r, ?,MrN5 A,. r L .,;? My commission expires:'
5•
• RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio
and Sara Garita, 420 15* Street S.W., Naples, Flo i day of . 2012.
1
a .. MIS TINE TINE E l NI. Jean Ravin
°mow Florida Bar No. 031
•V •ice
r °ESC NOtary Pabiia • Stat Ot fl
• My Comm. Expires un 18 201 Roa N., e. 210
a Commission # Ell i2 es, Flo 'da 340
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INSTR 4691459 OR 4795' -PG 741 RECORDED 5/9/2012 2:17 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC SI8.5Q
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner.
tTq
SERGIO AND SARA GARITA,
Respondents
12/8/2015 16.A.13.
CASE NO.: CESD20110001297
THIS CAUSE came on for pu before the B ber 27, 2011, after due notice to
Respondents at which time the Board timony under oath, rice 11 . ence, and issued its Findings of Fact
and Conclusions of Law and thereu n i ad i rder whi h was re uc o writing on November 2, 2011,
and furnished to Respondents and as r ord e Public ds of lien ounty, Florida at OR 4734, PG
2807, et. seq. on November 8, 20 1.
An Affidavit ofNon -Co pli cc as fil h o d C e Enforcement Official on
December 7. 2011, which Affidav 8ft e t qu• d action has not been taken as
ordered. r" 4:
Accordingly, it having bee bht to the Board's attiawk 6 ndents have not complied with the
Order dated November 2, 2011, it is h
ORDERED, that the Responden ara oilier County fines in the amount of
$30,400 (Order Items I ce: 2) at a rate of 520 . r ember 27, 2011 through April 26, 2012 (152
days), plus the operational costs of 581.15 for a tota
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until
Respondents come 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 nova, 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,.-0j, 2012 at Collier County, Florida.
CODE ENFORCEMENT BOARD
j{at►� G: f t31R1L11t COLLIER COUNTY, FLORIDA
:aunty of COLUER
1 HEREBY CERTIFY THAT Buis Is a t W Uld
,;orrect copy or a oocumern on.ff#s,iA .,;,
Board Minutes and RecorolAt Gilwr'
uNtrJU my rta a an0 ofEicfitf
8clay of "
7 W.- ?A :'s 'i i• rs
Packet Page -561-
t1
* ** OR 4795 PG 742 * **
12/8/2015 16.A.13.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this = day of 0' ,
2012, by Robert Kaufman, Chair of the 50c Enforcement Board of Collier County, lorida, who is
personally known to me or who has produced a Florida Driver's License as identification.
KRISTINE'n it E e a• ilr' �,..
� MyRZ Notary Public - We of Florida IERTIFICATE NOTARY PUBLIC
Comm. Expires Jun 7S, 2015 My commission expires•
Commistlon # EE 87272
Bonded Tlr * Ralionu Notny Asm.
OF SERVICE
i HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sergio
and Sara Garita, 420 15u' Street S.W., Naples,Ff 1` day of 12.
M. Sean RiVs -d
Florida Bar No. 73Q3 1 f
210
340
E
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