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Agenda 12/08/2015 Item #16A2312/8/201516.A.23. EXECUTIVE SUMMARY Recommendation to approve the partial release of a code enforcement lien with an accrued value of $134,500, for payment of $7,837.92, in the code enforcement action entitled Board of County Commissioners v., Humberto L. Jaen, Code Enforcement Special Magistrate Case No. 2007070252, relating to property known as 38701` Avenue SW, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to partially release a code enforcement lien with an accrued value of $134,500, for payment of $7,837.92, as to property known as 3870 l" Avenue SW, in relation to Code Enforcement Special Magistrate Case No. 2007070252. CONSIDERATIONS: As a result of a code violation at 824 98th Avenue N., consisting of numerous minimum housing violations such as but not limited to: no hot water in bathroom, refrigerator and disposal not operating properly, outlets not properly installed and exposed wires, doors not operable and not weathertight, closet doors off tracks, gutters in disrepair, unmaintained pool and roach infestation; the Special Magistrate ordered the imposition of a lien against Humberto L, Jaen, in Case No. 2007070252. The lien was recorded in the Official Records on February 22, 2008, at O.R. Book 4332, Page 0511, and it encumbers all real and personal property owned by Humberto L. Jaen. The lien amount of $134,500 is based on 538 days of accrued fines ($250 per day from November 10, 2007 through February 22, 2008). Operational costs were previously paid. The property was brought into compliance on May 1, n 2009 and fines do not continue to accrue. This request for a partial release is for a different property, 3870 1" Avenue SW, which contains no code violations. This latter parcel was encumbered by the lien as a result of common ownership by Humberto L. Jaen. This property is under contract and the lien continues to encumber the property. FISCAL IMPACT: Payment of $7,837.92 in settlement has been made and if approved by the Board, accrued fines in the amount of $126,662.08 would be waived with respect to 3870 1'` Avenue SW only. The lien balance would continue to encumber all other property owned by Humberto Jaen. 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 $126,662.08 with respect to 3870 1'` Avenue SW only, accept settlement payment amount of $7,837.92, partially release the lien, and authorize the Chairman to sign the attached partial release and satisfaction of lien for recording in the Official Public Records. Packet Page -664- 12/8/2015 16.A.23. Prepared by: Marlene Serrano, Manager of Operations, Code Enforcement Division, Growth. Management Department Attachment: 1) Partial Release and Satisfaction of Lien 2) Lien Order i� Packet Page -665- 12/8/2015 16.A.23. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.23. Item Summary: Recommendation to approve the partial release of a code enforcement lien with an accrued value of $134,500, for payment of $7,837.92, in the code enforcement action entitled Board of County Commissioners v., Humberto L. Jaen, Code Enforcement Special Magistrate Case No. 2007070252, relating to property known as 38701st Avenue SW, Collier County, Florida. Meeting Date: 12/8/2015 Prepared By Name: BrockMaryJo Title: Executive Secretary to County Manager, County Managers Office 12/2/2015 3:19:42 PM �. Submitted by Title: Executive Secretary to County Manager, County Managers Office Name: BrockMaryJo 12/2/2015 3:19:43 PM Approved By Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 12/2/2015 3:32:47 PM Name: KlatzkowJeff Title: County Attorney, Date: 12/2/2015 4:39:55 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 12/2/2015 4:47:49 PM Packet Page -666- n COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. 2007 -070252 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. HUMBERTO L. JAEN, Respondent(s). THIS CAUSE came b for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: Magistrate for 4131274 OR 12/8/2015 16.A.2l RECORDID in OFFICIAL RECORDS of COLLIBR Conn, 1L 02122/2008 at 11:25AK DVIGBT 1. BROCK, CUIK 11C 111 35.50 Retn:IRT1R OFFICE: CODE EIFORCSKIIT K STBNART 252 2496 g upon the Petitioner's Motion gistrate, having heard argument of lVact and Order of the Special 1. On November 2, 2007, R ent(s) was/were fo gu' ty lation of Ordinance No. 04 -58, Section 6, Subsection(s) 1, 2, 5, , 12(I), 12(n, 12( ), 15, 19(C) and 20 for numerous minimum housing code violations r e 'fled in the Property ante Report attached as Exhibit A to the original Order, which violatio on the pr ed at 824 98* Avenue North, Naples, FL 34108, Folio #62775920000. 2. An Order was entered by the Special Magistrate ordering Respondent(s) to correct the violation on or before November 9, 2007 or a fine of $250.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4305, PG 2804 and attached hereto). Operational costs incurred by the County in the amount of $337.08 were ordered to be paid. 4. No Request for Re- hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 5. Respondent(s), having been duly noticed for the public hearing regarding the County's Motion, failed to appear for the public hearing and failed to present a legal defense to the Motion. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED: Packet Page -668- " OR: •www �� w.a� 12/8/2 015 16 .A.23. A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent(s) is/are assessed and ordered to pay fines at the rate of $250.00 per day for the period from November 10, 2007 to January 18, 2008, or 70 days, for a total of $17,500.00. C. Operational costs incurred in the prosecution of this case and previously assessed in the amount of $337.08 are ordered to be paid. D. Respondent is ordered to pay all outstanding fines and costs in the total amount of $17.837.08 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida DONE AND ORDERED Nune Pro Tone County, Florida. 1 HEREBYCERTIFY THATNtis Is a but :orreet copy of a`oocument on file in- Board Minutes and Records of Collier n OEtT SS my art ' ific'at a! t y of. this 8V day of �!.% , 2008 at Collier It COUNTY CODE ENFORCEMENT M GISTRATE ONISHT E. BROGX. CLERK OF. CO(1 PA F Any ered to be paid p County Code nforcement t, 0 North Horseshoe 2343. Any release of lien or confirm liance obligations of this order may also be ob is 1pt , rder may be paid at the Collier aples, FL 34104, fax #(239) 403 - Dn of the satisfaction of the LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: 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 shall not be a hearing de novo, 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. cc: Respondent(s) - Humberto L. Jaen t/ �i Collier Co. Code Enforcement Dept. Packet Page -669- n, V M V--4 LA-1 O N M M 4 a 0 M Can Na - 2007-070252 BOARD OF COUNTY COIV MMIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. HUMBERTO I- JAEN, Respondent(s). / 4099155 OR: 4,► Ip & we &uvi 0.23. UMIDID ill OIIICIU IICOIDI of couin mmT, n 11/27/2017 at 19:12M MW I. Boa, cm Be III 61.0 letn:Mn oMIQ CQUIII en" ew IIIOtCI k?": AIM iitM Coil BLDG THIS CAUSE came on for publi the Special Magistrate on November 2, 2007, and the Special Magistrate, under oath, received evidence, and heard argument respective to n issues its Findings of Fact, Conclusions of Law, and _ Dec Magistrate, 1. Respondent(s), 2. Respondent(s) wash 3. The Special Magish notified, did not 4. The real property violation of Collier J, 12 -0,12 -P, 12 -R, 15, 1 idion of this a public hearing. Numerous minimum housing den Inspection Report attached hereto as Exhibit A. and posting. Respondent, having been duly 08, Folio #62775920000, is in ,dons 1, 2,5,6,9,11,12-L 12- on the Property Maintenance 5. The above - referenced violations have not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fad and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.04 -46, it is hereby ORDERED: A. Respondent(s) is/am found guilty of violation' of Collier County Ordinance No. 2004 -58, Seca 62 Subsections 1, 2, 5, 6, 9, 11, 12 -I, 12-J,12-0,12-P, 12 -R, 15,19-C and 20. B. Respondents shall cotred the violations by correcting all minimum housing violations noted in the Property Nfaintenance Inspection Report, attached hereto as Exhibit A, on or before November 9, 2007, or a Hue of 5250 per day wit be assessed for each day the violations continue until compliance can be confirmed by the County. —_.. Packet Page -670- OR: 43 "r ww wwwr 12/8/2015 16.A.23. C. Respondent(s) shall pay Operational Costs in the amount of 5337.08, on or before December 2, 2007, for costs incurred by the Code Enforcement Department during the prosecution of this case. D. Respondent(s) shall notify the Code Enforcement Investigator, John Santafemia, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of , 2007 at Collier County, Florida. cc: Respondent(s) — Humberto L. Jaen PCollier Co. Code Enforcement Dept. Stare oa FWRIDA oumy► of CowER I HEREBY CERZ T 1FY.Tl�li eft Is a baw4 correct copy o>- apGtiBt ,tsz'file in Goad A�in::� =��, a ' #I, Colbert NESS tfl%n _ a'- �:., this C�.:i OWMA FL. LOKO&OUMM YLA a„a ..Packet Page -671- COLLIER COUNTY CODE ENFORCEMENT 4 SPECIAL MAGISTRATE d+ 41k DA C. G N a.. N M WW PAYMENT OF FINES: Any fin his order may be paid at the Collier County Code Enforcemen ent, 2800 North Drive, Naples, FL 34104, fax AG #(239) 403 -2343. Any release o ie of c pli o onfirmation of the satisfaction of the obligations of this order ay Lion. LIEN RIGHTS: Any aggr' v e ial Magistrate to the Circuit Court within thirty (30) days � peal shall not be a hearing de novo, but shall be limited to c . It is the responsibility of the appealing party to obtain a record of the h of Courts. Filing an Appeal shall not stay the Special Magi ` er. NOTICE: This order will be ublic R ier County. After three (3) months from the filing of any such lien or ci ' ,the Special Magistrate may authorize the County Attorney to foreclose on li on on unpaid claims. In the event that outstanding fines are forwarded to a collectio a Violator will be responsible for those costs incurred by Collier County. cc: Respondent(s) — Humberto L. Jaen PCollier Co. Code Enforcement Dept. Stare oa FWRIDA oumy► of CowER I HEREBY CERZ T 1FY.Tl�li eft Is a baw4 correct copy o>- apGtiBt ,tsz'file in Goad A�in::� =��, a ' #I, Colbert NESS tfl%n _ a'- �:., this C�.:i OWMA FL. LOKO&OUMM YLA a„a ..Packet Page -671-