Agenda 06/10/2014 Item #16A15 6/10/2014 16.A.15.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of$207,000 for payment of
$450, in code enforcement action entitled Board of County Commissioners v. Marina Guzman,
Code Enforcement Board Case No. CESD20090008686, relating to property located at 360 Wilson
Boulevard,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$207,000.00 for payment of$450.00, in relation
to Code Enforcement Board Case No. CESD20090008686.
CONSIDERATIONS: As a result of a code violation at 360 Wilson Blvd., consisting of the
unlawful conversion of a garage into living area and a shed erected on the property without first
obtaining the required Collier County building permits,the Code Enforcement Board ordered the
imposition of a lien against Marina Guzman, in Case No. CESD20090008686. This lien was
recorded in the Official Public Records on November 8, 2011, at O.R. Book 4734, Page 2517,
and it encumbers all real and personal property owned by Marina Guzman. The lien amount of
$207,000.00 is based on 1,035 days of accrued fines, at$200 per day.
Marina Guzman owned this property throughout this period. Following a foreclosure (Case No.
2008-CA-6660), a Certificate of Title was recorded on August 17, 2012 in favor of Chase Home
Finance, LLC. Chase then conveyed the property to Nick George on November 6, 2013. The
property was brought into compliance by Mr. George, after considerable diligent effort and
expense.
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, fines accrued prior to
transfer of title, and compliance has been achieved. While it took over 30 days for Mr. George
to bring the violations into compliance, the nature of the violations, and the expense and effort
required to correct them, were taken into consideration. The underlying order gave the original
violator 120 days to correct. Immediately upon taking title, Mr. George hired a contractor and
diligently pursued compliance. The property is in compliance and the new owner has paid
$450.00 in fines. Mr. George is requesting a waiver of$206,550.00 in accrued fines.
FISCAL IMPACT: Payment of$450.00 in fines has been made, and operational costs were
paid previously. If approved by the Board, accrued fines in the amount of$206,550.00 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
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6/10/2014 16.A.15.
RECOMMENDATION: That the Board waive the fines in the amount of$206,550.00, accept
payment of$450.00, release the lien, and authorize the Chairman to sign the attached lien release
for recording in the Official Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division,Planning and Regulation
Attachments: 1)Release and Satisfaction of Lien
2)Order imposing the lien
3)Hardship letter
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6/10/2014 16.A.15.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.15.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$207,000 for payment of$450, in Code Enforcement Action entitled Board of County
Commissioners v. Marina Guzman, Code Enforcement Board Case No. CESD20090008686,
relating to property located at 360 Wilson Blvd., Collier County, Florida.
Meeting Date: 6/10/2014
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations, Code Enforcement
5/19/2014 4:28:52 PM
Submitted by
n
Title: Manager-Code Enforcement Operations,Code Enforcement
Name: SerranoMarlene
5/19/2014 4:28:52 PM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 5/20/2014 9:03:26 AM
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 5/20/2014 10:04:17 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 5/28/2014 7:51:11 AM
Name:NoellKevin
Title:Assistant County Attorney, CAO General Services
Date: 5/30/2014 11:04:42 AM
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6/10/2014 16.A.15.
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/30/2014 11:29:38 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 5/30/2014 3:48:39 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/1/2014 4:1 5:17 PM
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6/10/2014 16.A.15.
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:
Marina Guzman
Respondent
The lien was recorded on November 8, 2011, in Official Records Book 4734, Page
2517, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of thirty-six thousand dollars ($36,000.00), 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 Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 4624531 OR 4734 PG 2517 RECORDED 11/8/2011 2:37 PM PAGES 2 6/10/2014 16.A.15.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC S18.50
r"\
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CESD20090008686
vs.
MARINA GUZMAN,
Respondent
ORDER IMPOSING-EWE/LIEN
THIS CAUSE came on for public�Ir e.,: .n ril 28,2011,after due notice to
Respondent at which time the Board heard&e •' y under oath, i?.'evidence,and issued its Findings of Fact
and Conclusions of Law and thereuponiisuod its oral Order which T uehd to writing on May 5,2011 and
furnished to Respondent and was reanrdedia-the Pubic Records of Colli Count`ty,Florida at OR 4681,PG 2037,
on May 13,2011 and furnished to btespondet`rt- ---"�
An Affidavit of Non-Coernpliian ' • T e. e Crcle Enforcement Official on
September 8,2011,which Affidatit Tied •e oa tb 'or4ecti4e action has not been taken as
ordered (7- 1 .
Accordingly,it having r'pught to the Board's attention that RnI dent has not complied with the
Order dated May 5,2011,it is herebp I / /
ORDERED,that the Respondent,Idarina Guzman,pay to 3ollierL linty fines in the amount of 512,000
(Order Item 1 and 3)for the period of itkgus3"2. 2011 through Octpb(g7,1011(60 days)at$200 per day plus
fines in the amount of$24,000(Order Item h d • • •-=.:..o(h e 30,2011 through October 27,2011(120
days)at$200 per day,for a total of$36,000. •• arplOticlnaI . . e been paid.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed An appeal shall not be a hearing de novo,but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against
the property as described and/or any other real or personal property owned by Respondents.
DONE AND ORDERED this
� day of (\I V •,2011 at Collier County,Florida.
ROI GT ftt`a!RtDit •r.••CEMENT BQ RD
runty of COLLIER '* Cs 1E• OA LM DA
1 HEREBY CERTIFY THAT.'ttis .,a
-correct copy or a docuinent4st file Id
R.. a .�` Chair
Board Minutes and Recoroa otCctt3�r County 2800 •o o . Drive
At �v sS my n n fltY i i Naples,F1. 'd.s 04
ILL: dayof >e jt�
;DWI HT E. BROC,1(,CLEM(Of.,UOURT$
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**d OR 4734 PG 2518 *** 6/10/2014 16.A.15.
,
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this day of kO'/ • ,2011,by Robert
Kaufman,Vice-Chair of the Code Enforcement Board of Collier County,Florida,who is personally
known to me or st ho7 asN produced a Florida Driver's License as identification.
:;°°,1 r Ir. Notary Public-State of Florida NOTARY PUBLIC
•fp M Comm.Expires Jun 18.2015 i My commission expires:
a 1".-„�J'�'a s Y Commission•if 87272 CERTIFICATE OF SERVICE
^ ''%•:::,,,, Bonstio Tile-:n National Notary Assn. ,
— THEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Marina
Guzman,360 Wilson Blvd.,Naples,Florida this , '-•-' day of t_ ')O"1 -,2011.
4... .son,Esq.
C Florida .ar •.750311
/ / .sttorney'fr th•Code Enforcement Board
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6/10/2014 16.A.15.
February 27, 2014
Collier County
Code Enforcement Department
2800 Horseshoe Drive N
Naples, FL 34104
Attn: Jeff Wright
Re: 360 Wilson code violations
Dear Mr. Wright,
I purchased the property at 360 Wilson on 10/30/2013. At the time of purchase
there were several outstanding code violations, CESD20090008686 and
CEV20090008684 (attached). On 11/07/2014 I hired a contract to pull the
necessary building permits PRBD20131229548, PRBD20131127760,
PRCN201 1 1 1 06495 (attached). All code violation and outstanding building
permit issues have been corrected. The house is now in compliance with all
Collier County guidelines and the code violation case is closed, per Chris
Ambach.
I'm asking that the fines from the previous owner to be waived. These issues are
ones that I inherited and were not caused by us - I'm are part of the solution and
not part of the problem. I understand that I'm responsible for any hard cost or
processing fees that the county incurred,
I appreciate your attention in the matter and hope to have it resolved quickly.
Regards,
ZL C% c.
Nick George
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