Agenda 01/28/2014 Item #16A21/28/2014 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien in the amount of $280,224.79 for payment of
$1,074.79, in the Code Enforcement Action entitled Board of County Commissioners vs.
Innovation Construction & Development, LLC, Code Enforcement Board Case No. CEB 2004-
75, relating to property located at 219 2nd Street South, Immokalee, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a code
enforcement lien with an accrued value of $280,224.79, for payment of $1,074.79, in relation to
Code Enforcement Board Case No. CEB 2004 -75.
CONSIDERATIONS: As a result of code violations at 219 2nd Street South, Immokalee, the Code
Enforcement Board ordered the imposition of a lien against Innovation Construction & Development,
LLC in Case Number 2004 -75. The lien was recorded in the Official Public Records on June 8, 2007,
at O.R. Book 4241, Page 2433, and it encumbers all real property owned by Innovation Construction
& Development, LLC. The accrued amount of $280,224.79 is based on fines for the non - compliance
period of 5,592 days at $50 per day ($279,600), plus operational costs ($624.79) pertaining to
alteration of a structure and improvements to property without required permits. The case was
initiated in 2003, and a warranty deed was recorded on May 31, 2005, transferring the property to
Innovation Construction, the current owner. The property was brought into compliance by the
current owner on December 14, 2012.
Pursuant to the Board of County Commissioners'. Resolution 2012 -46, when payment of the full lien
amount would impose a severe hardship on the, property. owner, accrued fines. are considered for
waiver as long as the property owner has diligently pursued abatement and-:compliance has been
achieved. The property is in compliance, and an amount of $1,074.79 has -been paid. This represents
�\ $624.79 in operational costs and $450.00 in fines. The current property owner is requesting a waiver
of $279,150.00 in accrued fines due to the fact that the fines would impose a severe financial
hardship as stated in the attached letter from Innovation Construction & Development, LLC.
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FISCAL IMPACT: Payment of $1,074.79 has been made, representing the County's hard costs of
$624.79, plus $450.00 in fines. If approved by the Board, accrued fines in the amount of
$279,150.00 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: That the Board waive the fines in the amount of $279,150.00, accept
payment of $1,074.79 and release the lien, and authorize the Chairman to sign the attached release
and satisfaction of lien.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division,
Planning and Regulation.
Attachments: (1) Release and Satisfaction of Lien
(2) Hardship letter
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1/28/2014 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve a release of lien in the amount of
$280,224.79 for payment of $1,074.79, in the Code Enforcement Action entitled Board of
County Commissioners vs. Innovation Construction & Development, LLC, Code Enforcement
Board Case No. CEB 2004 -75, relating to property located at 219 2nd Street South, Immokalee,
Collier County, Florida.
Meeting Date: 1/28/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations,Code Enforce
1/3/2014 8:26:27 AM
Approved By
Name: WrightJeff
Title: Assistant County Attomey,County Attorney
Date: 1/6/2014 7:53:22 AM
Name: LynchDiane
Title: Administrative Assistant
Date: 1/10/2014 11:32:31 AM
Name: NoellKevin
Title: Attorney of Record (CAO)
Date: 1/13/2014 8:13:55 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 1/16/2014 9:01:27 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 1/16/2014 3:00:18 PM
n Name: FinnEd
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Title: Senior Budget Analyst, OMB
Date: 1/17/2014 4:58:32 PM
Name: DurhamTim
Date: 1/21/2014 11:05:57 AM
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1/28/2014 16.A.2.
1/28/2014 16.A.2.
INNOVATION CONSTRUCTION
2192 ND STREET SOUTH
IMMOKALEE FL, 34142
DATE 11/13/2013
TO COLLIER COUNTY CODE ENFORCEMENT
REGARDING CODE CASE NUMBER: 2003080359
REQUEST FOR FEES TO BE WAVED
Dear Members of the Board
I am Joseph Francois the owner of Innovation Construction. On 05/31/05 1 purchased the property
located at 219 2ND ST South in Immokalee Fl. When I purchased the property, I was under the
assumption that I was buying a commercial property not knowing that the property has lost the
grandfather excuse because the occupational license was inactive for more than six months. The
property had reversed back to its original residential village designation. That was a commercial
structure in a residential village zoning. When I purchased the property, I was not made aware of those
n
accumulated code enforcement liens. After that, I had several meeting with the code enforcement
board in order to see how I can resolve those violations. In the process which include: hiring and
architect, several meeting with zoning department, the permitting process, and converting an old
commercial structure to residential took us a long times. When we were fixing the structure, the roof
cave in and some of the walls fell off. So we had to go back to the architect to get new set of plans for
new permits and start anew. In the mean time, the economy and the real estate market went bad. The
property did not have any value and no bank wanted to land us money for the rebuilding. We had to
depend on friends and family to get to where we are now. Right now, we spent a lot of barrowed
money on a property that does not have any real value because of the location and the condition of the
real estate market. It is true that it took us a long time to accomplish the task at hand but it was not easy
as stated above. There are things that happened during the process that we could not do anything about
due lack of cash and borrowing power. Now we had brought the structure up to code and we will
appreciate if the fee can be waved. We already owed so much on that property and we cannot even
start repaying them.
Joseph Francois for Innovation Construction
Thanks
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1/28/2014 16.A.2.
This Instrument Prepared By:
Jeff Wright
Code Enforcement Department
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:
Innovation Construction & Development, LLC,
Respondents
The lien was recorded on June 8, 2007 in Official Records Book 4241, Page 2433, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of thirty -nine thousand three hundred seventy -four dollars and seventy -nine cents,
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 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
By:
Deputy Clerk
Approved as to for and legality
Kevin Noell
Assistant Coun Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Tom Henning, Chairman
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