Loading...
Agenda 12/08/2015 Item #16A14EXECUTIVE SUMMARY 12/8/2015 16.A.14. Recommendation to approve the release of a code enforcement lien with an accrued value of $137,000 for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Joselino and Yolando Sanchez, Sandy Sanchez, Code Enforcement Board Case No. CEAU20110007445, relating to property located at 2530 4th Ave SE, 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 $137,000, for payment of $450, in relation to the Code Enforcement Board Case No. CEAU20110007445. CONSIDERATIONS: As a result of a code violation at 2530 4a` Ave SE, consisting of the construction of a fence without first obtaining the required permit, the Code Enforcement Board ordered the imposition of a lien against Joselino and Yolando Sanchez and Sandy Sanchez, in Case No. CEAU20110007445. The lien was recorded in the Official Records on March 8, 2012, at O.R. Book 4772, Page 1121, and it encumbers all real and personal property owned by Joselino and Yolando Sanchez and Sandy Sanchez. The lien amount of $137,000 is based on 1,370 days of accrued fines ($100 per day from December 19, 2011 through September 18, 2015). The property was brought into compliance on September 18, 2015. The property was acquired by 2530 4t' Ave SE Trust MIG Property Management LLC., via a certificate of title which was recorded on June 16, 2015. Once the new owners became aware of the lien and the pending violation, they immediately hired a contractor to remedy the violation and expended $4,020.60, as evidenced by the attached letter. Pursuant to Resolution No. 2012 -46, a request for waiver of fines may be considered when a n 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 costs. The new owner is requesting a waiver of $136,550 in accrued fines. FISCAL IMPACT: Payment of $450 has been made and if approved by the Board, accrued fines in the amount of $136,550 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: To waive the fines in the amount of $136,550, accept the settlement payment amount of $450, 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: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth Management Department Attachments: 1) Release and Satisfaction of Lien 2) Lien Order 3) Hardship letter [ 15 -CED- 01072/1221709/1 ] Packet Page -563- 15- CEn- 010721221 709/11 Packet Page -564- 1 '12/8/2015 16.A.14. 12/8/2015 16.A.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.14. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $137,000 for payment of $450, in the code enforcement action entitled Board of County Commissioners v. Joselino and Yolando Sanchez, Sandy Sanchez, Code Enforcement Board Case No. CEAU20110007445, relating to property located at 2530 4th Ave SE, Collier County, Florida. Meeting Date: 12/8/2015 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 11/6/2015 3:43:55 PM Approved By Name: SerranoMarlene Title: Manager - Code Enforcement Operations, Code Enforcement Date: 11/6/2015 3:59:59 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/9/2015 1:30:51 PM Name: PuigJudy Title: Operations Analyst, Operations & Regulatory Management Date: 11/9/2015 1:31:33 PM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 11/9/2015 3:24:56 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Administration Date: 11/10/2015 9:25:19 AM Name: KlatzkowJeff Packet Page -565- Title: County Attorney, Date: 11/10/2015 2:03:23 PM 12/8/2015 16.A.14. Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 11/10/2015 2:17:16 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/13/2015 2:22:08 PM Packet Page -566- 12/8/2015 16.A.14. 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: Joselino and Yolando Sanchez, Sandy Sanchez, Respondents The lien was recorded on March 8, 2012, in Official Records Book 4772, Page 1121, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of six thousand seven hundred eighty dollars and fifty -seven cents ($6,780.57), 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 By: Deputy Clerk By: Tim Nance, Chairman Date: Date: Approved as to form and legality Kevin Noell Assistant County Attorney CEAU20110007445 Packet Page -567- INSTR 4666234 OR 4772 PG 1121 RECORDED 318/2012 11:07 AN PAGES 2 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 INDX $1.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. JOSELINO AND YOLANDO SANCHEZ, SANDY SANCHEZ, Respondents THIS CAUSE came on for F Respondents at which time the Board and Conclusions of Law and thereupc and furnished to Respondent and was 1132, et. seq. on December 8, 2011. ) An Affidavit of Non -Comp4 December 22, 2011, which Affidavit } ordered. in the the Board on er oath, recei Accordingly, it having been br the Board's attt Order dated November 22, 2011, it is he ORDERED, that the Respondents, J fines in the amount of $6,700 (Order Items I & 2 !�$l February 23, 2012 (67 days), plus operational costs of $80. , 12/8/2015 16.A.14. CASE NO.: CEAU20110007445 182 2011, after due notice to I issued its Findings of Fact to Ting on November 22, 2011, ro and Florida at OR 4744, PO cement Official on has not been taken as have not complied with the andy Sanchez, pay to Collier County r the period of December 19, 201 I through a total of $6,780.57. 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 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 ,3 day of —.Pb., 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD Slaiv .(.ijj) COUNTY, FLORIDA 'iQEltliy Of COLLIER 1 HEREBY CERTiFY,T- QAT-.3hij:ls a Niue rt Ka , Vi Chair :orrect t:tapy pf R %tloCUtrlBtiti t.l`lie In- 280 rse oe Drive Board Mlntates s p6ra�.°o1.CoiJter Eoufft Na es I c 4104 S my nd, a +a( tl S day o D� WIGHT L-bWZV Packet Page -568- /0"\ * ** OR 4772 PG 1122 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknow 2012, by Robert Kaufman, Vice Chair personally known to me or -1 ��1EE�5 �p�Deoun4.r�M"'s 12/8/2015 16.A.14. red before me thiOB day of-e he Code Enforcement Board of Collier Cou , is who has produced a Florida Driver's Li se as identification. NOTARY PUBLIC My commission expires: 16 � CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct co this ORDER has been sent by Mail to Jase[ino an_ d(Yo anda. Sanchez and Sandy Sanchez, 2530 it a s, Florida 34117 thi y of "� 2412. / / --- ,,,Flo04 BarNA 75031 C1 Packet Page -569- 208 12/8/2015 16.A.14. Mariya Gabrovska 4430 Botanical Place Cir, #404 Naples, FL 34112 Mrs. lliana Burgos Growth Management Department Code Enforcement Division 2800 North Horseshoe Dr, Naples, FL 34104 Oct 6, 2015 Dear Mrs. Burgos Me and my husband we bought house on address 2530 4th Ave SE, Naples, FL 34117 from a court auction and took ownership on Jun 16, 2015. It turn out the house has Gen for fence building violation done by previous owner - Yolanda 'Sanchez. There was two other liens for weed overgrown violation. We have payed total of $686.57 for weeds overgrown (CENA20120014917, CENA20130015396) and operational cost (CEAU20110007445) for fence lean on Jun 30, 2015. We have hired general contractor Porter Construction LLC to take care for fence violation. They did boundary survey and certificate of completion, permit number: PRBD2015072336101, with status Finaled on Sep 18, 2015. For their work they charged us total amount of $4,020.60. It took them two month to complete the work due to requirement to do boundary survey. Please wave fence lien case number: CEAU20110007445 of amount $6780.57 based on Board of Commissioner of Collier County resolution 2012 -46 4.1 D "...new ownership, fines accrued prior to transfer of title would be considered for waiver as long as new owner has diligently pursued abatement and compliance has been achieved" All documents related to those case are attached here. Thank you. Sincerely Manya Gabrovska Packet Page -570- 12/8/2015 16.A.14. Certified Building Contractor CBCAM 260607 TnVoice No* 4601 4001 Santa Barbara Blvd, #247 Naples, FL 34104 Date: October 6, 2015 Terms: NET 0 239-206-4418 (OFFICE) Due Date: October 6, 2015 239-206-4946 (FAX) michelle@porterconstrucbonnaples.com Bill To: Madya Galbrovsky 2350 4th Ave SE; Naples, FL RE: COLLIER COUNTY CODE VIOLATION Description PAID 50% DEPOSIT OF CONTRACT DATED JULY 9, 2015 FENCE VIOLATION CHECK NUMBER 1016 DATED JULY 10, 2015 Amount $1,400.00 * Thank you for Wic6i,ng, P, C*S to b' e' of 'service' to you. you have any ... questions or conoems in regards to the work you received, please feel free to Total $1,400.00 email our office. , Porter Construction Services is Paid All work was carried out in a professional manner, $1,4DO.00 a fully licensed and insured Building Contractor in the State of Florida and all workers are covered by liability and workman's compensation insurance. Balance Due $0.00 Your Payment is Due Upon Receipt. Thank you and we look forward to working with you again. -------- ---------------------------- --------- -------- - - - - -- --------------------------- --------------- -- Fl ease detach and send wfti-� remitzarice to! :54 PORTER CONSTRUCTION SERVICES REMITTANCE ADVICE FOR Invoice # 460I on Oot 6, 2016 Certified Building Contractor CBC#1260607 Balance Due: $0,00 4001 Santa Barbara Blvd, #247 Naples, Fl- 34104 Amount Paid: Received From Mariya Gabrovsky tIY Packet Page -571- 12/8/2015 16.A.14. PORTER CONSTRUCTION SERVICES Cerdied8uikiingContraclarCBC #1260607 Invoice No: 4569 4001 Santa Barbara Blvd, #247 Naples, Fl. 34104 Date: September 21, 2015 Terms: NET 0 239 - 206.4418 (OFFICE) 239 -2064 Due Date: September 21. 2015 946(FAXy mo'o-�porterconstructionnapies.com Bill To: Marlys Gabrovsky 2350 4th Ave SE; Naples, FL RE: COLLIER COUNTY CODE VIOLATION Description 11i16Ufiit Balance of Contract dated July 9. 2015 $2,620.60 $1,400.00 Collier County Permitting Fee- 3199.65 Site Survey- $862.00 15% Permitting Fees= $29.95 15% Site Survey= $129.00 TOTAL AMOUNT DUE $2,620.60 .........., ............... ............................................... ................................... Thank you for allowing PCS to be of service to you. Should you have any questions or concerns in regards to the work you received, please feel free to Total $2,620.60 email our office. All work was carried out in a professional manner, Porter Construction Services is Paid $0.00 a fully licensed and insured General Contractor in the State of Florida and all workers are covered by liability and workmen's compensation insurance. Balance Due $2,620.60 Your Payment is Due Upon Receipt Thank you and we look forward to working with you again. --__- -- --_,__._-.._- -- -_._ aieaae detuh eM send wxn rertwna>Ke to PORTER CONSTRUCTION SERVICES REMITTANCE ADVICE FOR invoice # 4569 on Sep 24, 2015 Certified Building Contractor CSC #1260607 Balance Due: $2,620.60 4001 Santa Barbara Blvd, #247 Naples. FL 34104 Amount Paid: Remimd From: warya Gabrovsky Y (1 Packet Page -572- 10�\