Agenda 12/08/2015 Item #16A1512/8/2015 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve the release of two (2) code enforcement liens with a combined accrued
value of $259,200 for payment of $600, in the code enforcement actions entitled Board of County
Commissioners v. Jorge L. Mendez, Code Enforcement Board Case Nos. CESD20120006927 and
CEPM20120013078, relating to property located at 3320 2nd Avenue SE, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release two
(2) code enforcement liens with a combined accrued value of $259,200, for payment of $600, in
relation to Code Enforcement Board Case numbers, CESD20120006927 & CEPM20120013078.
CONSIDERATIONS: As a result of various code violations at 3320 2nd Avenue SE, 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. CESD20120006927 was recorded in the Official Records on April 18,
2013, at O.R. Book 4909, Page 2617 (for an unpermitted alteration to the garage which was
converted into living space with a full bath and a kitchen without first obtaining the required
permits) and it encumbers all real and personal property owned by Jorge L. Mendez. The lien
amount of $137,700 is based on a total of 918 days of accrued fines (at $150 per day from March
1, 2013 through September 4, 2015). The property was brought into compliance on September
4,2015.
The lien in Case No. CEPM20120013078 was recorded in the Official Records on July 11, 2013,
at O.R. Book 4942, Page 3733 (for a vacant home with screen enclosure and swimming pool that
was damaged by fire) and it encumbers all real and personal property owned by Jorge L.
Mendez. The lien amount of $121,500 is based on 810 days of accrued fines ($150 per day from
May 30; 2013 through August 17, 2015). The property was brought into compliance on August
17, 2015.
The home on this property was extensively damaged by a fire. The property was acquired by
Luz Lozano, via quitclaim deed on November 12, 2013. Since, the home consisted of only the
foundation and some walls, it took the owner six hundred plus days to bring it into compliance.
The new owner worked diligently and expended around $280,202 to achieve compliance, as
evidenced by the attached hardship letter.
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 $600 in settlement.
The new owner is requesting a waiver of $258,600 in accrued fines.
FISCAL IMPACT: Payment of $600 has been made and if approved by the Board, accrued
fines in the amount of $258,600 would be waived.
[ 15 -CED- 01070/121971 8 /1 ]
Packet Page -573-
12/8/2015 16.A.15.
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 $258,600, accept settlement
payment amount of $600, release the liens, and authorize the Chairman to sign the attached
releases 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)
2) Lien Orders
3) Hardship letter
[ 15 -CED- 01070/1 219718/1 ]
Packet Page -574-
12/8/2015 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 two (2) code enforcement
liens with a combined accrued value of $259,200 for payment of $600, in the code enforcement
actions entitled Board of County Commissioners v. Jorge L. Mendez, Code Enforcement Board
Case Nos. CESD20120006927 and CEPM20120013078, relating to property located at 3320 2nd
Avenue SE, Collier County, Florida.
Meeting Date: 12/8/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/2/2015 1:48:45 PM
Approved By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
Date: 11/3/2015 4:08:01 PM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/5/2015 10:28:02 AM
Name: PuigJudy
Title: Operations Analyst, Operations & Regulatory Management
Date: 11/5/2015 10:30:17 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/5/2015 11:01:05 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Administration
Date: 11/9/2015 7:58:49 AM
Name: KlatzkowJeff
Packet Page -575-
Title: County Attorney,
Date: 11/9/2015 10:56:33 AM
Name: IsacksonMark
12/8/2015 16.A.15.
Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget
Date: 11/10/2015 2:00:39 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/13/2015 2:03:02 PM
Packet Page -576-
12/8/2015 16.A.15.
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:
Jorge L. Mendez,
Respondent
The lien was recorded on April 18, 2013, in Official Records Book 4909, Page 2617, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand two hundred dollars and zero cents ($4,200.00), 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
Kevin Noell
Assistant County Attorney
CESD20120006927
Packet Page -577-
12/8/2015 16.A.15.
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:
Jorge L. Mendez,
Respondent
The lien was recorded on July 11, 2013, in Official Records Book 4942, Page 3733, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of four
thousand three hundred fifty dollars and zero cents ($4,350.00), 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
DWIGHT E. BROCK, Clerk
In
Deputy Clerk
Date:
Approved as to form and legality
Kevin Noell
Assistant County Attorney
CEPM20120013078
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tim Nance, Chairman
Date:
Packet Page -578-
i
/-1*11
INSTR 4826712 OR 4909 PG 2617 RECORDED 4 /18/2013 8:53 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 518.50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
JORGE L. MENDEZ,
Respondent
THIS CAUSE carne on for
Respondent at which time the Board
and Conclusions of Law and them
and furnished to Respondent and m
2620, et. seq. on December 17,20h:
34117, Folio 40935360008, more
GATE ESTATES, Unit No. 81, ao
Records of Collier County, Floridbj
CASE NO.: CESD2012MW927
12/8/2015 16.A.15.
before the Board'an' *v'bmbw 29, 2012, after due notice to
under oath, nxeiver evieieace, and issued its Findings of Fact
ual was ced" writing on December 3, 2012,
i R of Col 'a Gormty, Florida at OR 4865, PG
0 2° Avenue S.E., Naples, Florida
a 0 pf Tact 134, Unit 81, GOLDEN
rd iat1 5, pages 19 and 20 of the Public
1 /=
An Affidavit ofNon- Comp`(' been filed with t5k)
March 4, 2013, which Affidavit oath that the requir
ordered
Accordingly, it having been brought
Order dated December 3, 2012, it is hereby
by &f-Code Enforcement Official on
action has not been taken as
0tfthat Respondent has not complied with the
ORDERED, that the Respondent, Jorge L. Mendez, pay to Collier County fines in the amount of 54,200.00
(Order Items I & 2) at a rate of $150.00/day for the period of March 1, 20I3 through March 28, 2013 (28 days).
The operational costs have been paid.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into
compliance or until Judgment is rendered in a suit to foreclose on alien 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 denovo, 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 `'-t' day ofLpa-( 2013 at Collier County, Florida.
State o1 N.; C3
County of CGi 1ER;`
i HE YCS :TiFY;TH -s+ is is a true and
Gar t'1 F't a' "cc 1 n? f c
in
EOa� lt; n �t`y.vr id GQUnt�+
{ .e - �, ;�,.,d
�,. Y'�Y�7 II fS�A >lj.J S��I
��
"Jt • ,G�. C! E.�
1 "JiGI'T E. 6R�il' LK OF C4t1r2TS
.G.
+
G&ald Lefebvre�,Vic; (2hijT-
2800 North Horseshoe Drive
Naples, Florida 34104
Packet Page -579-
* ** OR 4909 PG 2618 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknawIed before me this day of lr
2013, by Gerald Lefebvre, Vice Chair
code orcement Board of Collier Coumy, Florida, who is
personally known to me or ho has cod orida Driver's license as identification.
7--
AREN ® BAILEY
K,4e1-j*a-_
O MMIAISSION A EE875t2i
NOT Y i?UBL C
RES February t4, 2pt7
My commission
see .b.eoin
TIFICATE OF SERVICE
I HEREBY CERTIFY that a true
Mendez, 3320 tad Avenue S.E., Naples
I
E C1 C
Packet Page -580-
12/8/2015 16.A.15.
been sera by U. S. Mall to Jorge L.
2013.
210
/01
INSTR 4864341 OR 4942 PG 3733 RECORDED 7/11/2013 10:40 AM PAGES 2
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,
VS.
JORGE L. MENDEZ,
Respondent
THIS CAUSE came on for pu l
Respondent at which time the Board
and Conclusions of Law and thereu n is
and furnished to Respondent and was real
2617, et. seq. on December 17,20V2 cov
34117, Folio 40935360008, more atti 2 1
GATE ESTATES, Unit No. 81, ac quit
Records of Collier County, Florida
An Affidavit of
31, 2013, which Affidavit certified u
CASE NO.: CEPM20120013078
12/8/2015 16.A.15.
ring before the Board o es ber 29, 2012, after due notice to
m under oath, receive A egce, and issued its Findings of Fact
ts ral ()rderv#►ie red tt� writing on December 3, 2012,
in th Record of Colic r C nty, Florida at OR 4865, PG
e it 2 venue ST., Naples, Florida
I ri as e 1 t 4 Tract 134, Unit 81, GOLDEN
g 1 r riled ip P at $OQ14s, pages 19 and 20 of the Public
been tiled with t
that the required
Accordingly, it having been brow t�%h`gi3eani s atserrr
Order dated December 3, 2012, it is hereby .l , C $'
We Enforcement Official on May
has not been taken as ordered.
not complied with the
ORDERED, that the Respondent, Jorge L. Mendez, pay to Collier County fines in the amount of 54,350.00
(Order Items 1 & 2) at a rate of 5150.00 /day for the period of May 30, 2013 through June 27, 2013 (29 days). The
operational costs have been paid.
IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondent comes into
compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida
Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within. Filing an Appeal shall �not stay the Board's Order.
DONE AND ORDERED this _;_day of� x�r1L., 2413 at Collier County, Florida.
Stale of Florida
County of COLLIER
HEREBY CERTIFY THATI this is a true and
correct copy of a d;;rument on file in
Board t s, ,.Find f�ecPrd of Collier County
A r
idlTt,cJ� t } ii find' ct`rmz' s9 l this
��it�G'�tt da�cf c�fl i 2?
VVIGHT'C-. ROCKACLERI{ OF C URT$
D:
Packet Page -581-
* ** OR 4942; PG 3734 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The fore ,geffig instrument was acknowledged before me this _& day of
2013 Robert Kaufman, Chair of the Code Enforcement Board of Co ie County orida, who is
personally known to me or who has /yr.roduced a F[o ' Driver's License as identification.
KAREN G Bq I NOTARY PUBLIC
tAY COMMtSStt)N My commission expires: ~--
EES�s12t
EXPIRES Febno y t4, 20ti
.,,,e,,,,,, RTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and
L. Mendez, 33202"d Avenue S.E., Naples, Fk
Rawson,
ry�
Packet Page -582-
12/8/2015 16.A.15.
been sent by U. S. Mail to to Jorge
V,-213.
210
12/8/2015 16.A.15.
Honorable Sir /Madam,
I am writing this letter to you in regards to a couple of code enforcement fines our
home incurred with its previous owner Mr. Jorge Mendez on May 11th of 2012
(Case number CESD20120006927) and on August 28th of 2012 (Case number
CEPM20120013078), in the hopes that you might have leniency on our family and
reduce our fines amount to a more manageable sum.
There are a few external factors I would like you to take into account when
reviewing this request.
We purchased our home in a cash transaction on November 12th of 2013 for the
sum of $45,000.00 having the dream to rebuild such fire damaged house and
make it habitable for me and my two sons. Our quest began when we tried to
obtain our building permits; at that instant we discovered that such acquired fines
would not stop accruing fees until our home had its Certificate of Occupancy.
From that moment on we began with the rebuilding, difficult and costly, process
of our so awaited home.
At first we began with the construction of an attached two car garage and three
columns for the lanai; which we calculated to spend around $5,000.00 but in
reality we ended up spending close to $12,500.00 because of extra cost we did
not take into consideration, like, 6 loads of extra dirt to raise the level, spot
survey, compaction test, tied beam and blocks, among others. (Similar to this
process our entire construction development transcended.)
Once we had that done, with the required inspections passed, we continued
installing the roof trusses, plywood, and everything else involved on a roofing
development, which costed us approximately $20,000.00. We persistently
maintain our pursuit to build our home but in a bit slower paste, without letting
our permits expired, my son and I remained putting all of our savings into our
home. At that moment we were seeing the reality of a new construction expense
and we began borrowing money from family, friends, personal loans, and using
Packet Page -583-
12/8/2015 16.A.15.
our credit cards in order to be able to finalized and see our home completed;
which took place on September 11th of this year.
As soon as we obtained the Certificate of Occupancy we contacted the office of
Code Enforcement to let our assigned inspector know the status of our home and
at such moment we also found out that.one of the fines could had been clear at
the time we purchased the lot since the fine was given due to a warehouse that
we did not know existed if it was not for the remaining slap. (As can be seen on
some of the pictures)
As of this moment our home had accrued $139,500.00 and $126,000.00 in fines.
This amount we owed is actually a similar amount for what we had worked so .
hard to spend by buying the lot and building our home. As I mentioned above, we
also owed the majority of the money we had injected into our home to family
members, friends, personal loans, and credit cards.
In addition, on the next table is a detailed rough estimate of the monetary n
amount we had spent from the moment we acquired the land and the burden of
our dream home that came with it. I am also attaching some pictures showing
such process.
Packet Page -584-
l Rough Cost Estimate
3380 29ND A YE SE
Land Purchased
Floor Plans
Permits
Cleaning lot
Garage & Lanai dirt compaction and footings (rods, concrete,and blocks
Trusses _
Crane
Concrete 16 yd for tied beam and columns
laborfor garage, lanai columns, and tied beam
Rods for tied beam _
Plywood for Tied Beam
Labor to Instal I Trusses_ _
Plywood for roof 3/4 81 sheets
Peel and Stick for roof 25 rolls
,Roof Tiles
;Roof i ng Foam and Nails___
Roof Ridges, Valleys (Metals).
_Roofing Labor
Stucco for garage and Lanai Material
;Stucco Labor
:Windows Regular_—,__—,_,
Windows Impact Resist
'Exter Doors Impact Resist_
_Garage Door Impact Resist _
Plumbing Materials undergrou
Plumbing Materials Attic
'Plumbing Labor��
'Electrical Materials
Electrical Labor
AC labor and Material
Framing Wood
Framing Labor
'Ins_ullation Material��
'Isullation Installation
',Drywall Material- �✓��������
nd
Packet Page -585-
12/8/2015 16.A.15.
$ 45,00_0.00
$
5,500.00
$ 1,200.00
$
$� 12, 500.00
$ 8,850.00
$ 550.00
$ 2,080.00
$ 16,00_0.00
$ 1,245.00
S � 440.00
$_ 3,500.00
$ 1,782.00
$ 3,375.00
5,540.00
$ 1,100.00_
$ 1,800.00
$ R m_6, 800.00
$ 2,700.00
$ 2,500.00
.$__.._.__...._....700.00
$ _ W 2,150.00
_ 3,0.00
$ 1,100.00
$ 1,800.00
$�� 1,4_00.00
$ 5,500.00
6,200.00
$ 7,500.00
$
8,200.00
2,400.00
m w_ 3, 000.00
$ 2, 600.00
$ m 2,0_00.00
$ __. 3, 900.00
12/8/2015 16.A.15.
Floor Tile
$
6,800.00
j TI — set & Grout
$
3400 00
--
FlooTile Labor
$
4,800.00 j
'Paint & Materials
$
1,820.00
Paint Labor
E $
3,500.00
Baseboards & Crownmolding Material
$
3,100.00 ?,
Baseboards & Crownmolding Installation_
$
21500.00
4 Bathrooms (Shower, Toilet, plumbing) materials
_ $
5,600.00 .`
Bathrooms Labor
$
5,000.00
Pool Cleanup and Fix _
$
6,250.00
Pool Pumps Installation & Materials
_
$
2,800.00
yKitchen and Bathrooms Cabinets /Vanities
$
8,700.00
_
Kitchen and Bathrooms Cabinets /Vanities Installation
_
i $
3,500.00
_
Ktchen and Bathrooms Granite
$
3,800.00 j
Kitchen and Bathrooms Granite installation _ _
t
$
21600.00
Kitchen Appliances (Fridge, stove,
$
5,900.00
_
oven, microwave, dishwasher, range hood)
Kitchen, Bathrooms and Shower Faucets
_ _ _
_'
$
1, 100.00
_
Water Heater
$
600.00 i
Ceiling Lights
500.00
Ceiling Fans
# $
1,632.00
Interior and closet Doors ��
$
1,418.00
Concrete 9 yds for driveway
1,170.00
DumpsterpExpense�
_$
$
3,250.00
Gate and Fence Fixing
$
1,800,00
Estimated Extra COSTS (nails, screws, cocking, tool rentals,
$
18,000.00 t,
door hinges, door handles /locks. landscanina. etc)
ESTIMATED TOTAL SPENT
Packet Page -586-
12/8/2015 16.A.15.
Some pictures from the moment we began...
Packet Page -587-
12/8/2015 16.A.15.
Packet Page -589-
12/8/2015 16.A.15.
Packet Page -590-
12/8/2015 16.A.15.
Packet Page -591-
12/8/2015 16.A.15.
Packet Page -592-
12/8/2015 16.A.15.
Packet Page -593-
n
12/8/2015 16.A.15.
Packet Page -595-
12/8/2015 16.A.15.
Packet Page -596-
12/8/2015 16.A.15.
Packet Page -598-
r
l
Aw
Vx
3
12/8/2015 16.A.15.
Packet Page -601-
12/8/2015 16.A.15.
Now that we have accomplished this challenging process my sons and I thank you
for allowing and guiding us towards such anticipated dream of having our home.
We also ask you to please look deeper into these obtained fines our home
acquired prior of been ours and to please help us reducing such fines.
Once again thank you for allowing us to fallow our dream.
Sincerely,
Packet Page -602-