Agenda 07/08/2014 Item #16A117/8/2014 16.A.11.
EXECUTIVE SUMMARY
Recommendation to approve a release of lien with an accrued value of $122,481.43 for payment of
$3,081.43, in the code enforcement action entitled Board of County Commissioners v. Melba
Garcia, Code Enforcement Board Case No. CESD20090014480, relating to property located at 4280
6th Avenue NE, 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 $122,481.43 for payment of $3,081.43, in
relation to Code Enforcement Board Case No. CESD20090014480.
CONSIDERATIONS: As a result of a code violation at 4280 6th Avenue NE, consisting of the
unpermitted enclosing of a garage and addition of a full bathroom, the Code Enforcement Board
ordered the imposition of a lien against Melba Garcia, in Case No. CESD20090014480. The lien
was recorded in the Official Public Records on March 8, 2012, at O.R. Book 4772, Page 1127,
and it encumbers all real and personal property owned by Melba Garcia. The lien amount of
$122,481.43 is based on accrued fines of $122,400.00 (816 days at $150 per day from January 3,
2012 through March 28, 2014), plus $81.43 in operational costs.
On February 6, 2014, Melba Garcia conveyed the property to Gator Investment of SW Fla, Inc.
The new owner abated the violation by obtaining all required Collier County permits and
certificates of occupancy on March 28, 2014.
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, the new owner has
diligently pursued abatement, and compliance has been achieved within 30 days of acquisition.
In this case, the new owner abated the violation within approximately 50 days of acquisition,
incurring fines for 20 days (at $150 per day) under this policy. The property is being actively
maintained and the owner has paid $3,081.43 in accrued fines and costs. The new owner is
requesting a waiver of $119,400.00 in accrued fines.
FISCAL IMPACT: Payment of $3,081.43, representing $3,000 in accrued fines and $81.43 in
operational costs, has been made. If approved by the Board, accrued fines in the amount of
$119,400.00 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 $119,400.00, accept
payment of $3,081.43, release the lien, and authorize the Chair to sign the attached lien release
for recording in the Official Public Record.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation.
Attachments: 1) Release and satisfaction of lien
2) Lien order
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7/8/2014 16.A.11.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.11.
Item Summary: Recommendation to approve a release of lien with an accrued value of
$122,481.43 for payment of $3,081.43, in the code enforcement action entitled Board of
County Commissioners v. Melba Garcia, Code Enforcement Board Case No. CESD20090014480,
relating to property located at 4280 6th Avenue NE, Collier County, Florida.
Meeting Date: 7/8/2014
Prepared By
Name: SerranoMarlene
Title: Manager - Code Enforcement Operations, Code Enforcement
6/4/2014 2:10:43 PM
Submitted by
Title: Manager - Code Enforcement Operations, Code Enforcement
Name: SerranoMarlene
6/4/2014 2:10:44 PM
Approved By
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 6/5/2014 1:15:17 PM
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 6/6/2014 10:26:09 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 6/6/2014 10:51:56 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 6/10/2014 9:06:55 AM
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Name: KlatzkowJeff
Title: County Attorney,
Date: 6/13/2014 1:15:31 PM
7/8/2014 16.A.11.
Name: IsacksonMark
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 6/27/2014 10:13:39 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 6/30/2014 8:08:09 PM
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This Instrument Prepared By:
Jeff E. 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
COMMISSIONERS OF COLLIER COUNTY, FLORIDA i s
certain lien against all real and personal property owned by
Melba Garcia
Respondent
7/8/2014 16.A.11.
the BOARD OF COUNTY
the owner and holder of a
The lien was recorded on March 8, 2012, in Official Records Book 4772, Page 1127, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of four thousand four hundred thirty -one dollars and forty -three cents ($4,431.43),
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
By:
Deputy Clerk
Approved as to form and legality
Kevin Noell
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Tom Henning, Chairman
INSTR 4666237 OR 4772 PG 1127 RECORDED 3/8/2012 11:07 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.
MELBA GARCIA,
Respondent
CESD20090014480
7/8/2014 16.A.11.
THIS CAUSE came on for public hcaJing.b-.T4retfhe`Bda0 November 18, 2011, after due notice to
Respondent at which time the Board heard teS i�pr,�i=flFiaer oath, r6'ce ,d ii,ence, and issued its Findings of Fact
and Conclusions of Law and thereupon iss6'ds oral Order which was reduce�to writing on November 22, 2011,
and furnished to Respondent and was rcCrorded �t' blic Records of Cocker County, Florida at OR 4744, PG
1102, et. seq. on December 8, 2011.
An Affidavit of Non- Complianct;'Eri � d 'Code Enforcement Official on
January 5, 2012, which Affidavit ceriified k n er o�h #ta ;the t cqC' cd ebrrzl, action has not been taken as
ordered.
Accordingly, it having been r tou§ht to the Board's attenti6,n that �espon qnt has not complied with the
Order dated November 22, 2011, it is eb a i
ORDERED, that the Respondent+ kelba Garcia, pay, to Colliery twines in the amount of $4,350.00
(Order Items ! & 3) at a rate of $15 0/day foc �tra.pd of January 3 28"j'�hiough February 23, 2012 (29 days),
plus operational costs of $81.43, for a total of 5 ,43y,4T:-- ;--- r
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.
DONE AND ORDERED this A day of , 2012 at Collier County, Florida.
stabs Ot Flr;Rli)A
ounry of COLLIER
I HEREB,T C IFY,THAT'.th[a
mrreGt``cotiy'or•a,akumeits arl file In
sopcd 1ul�in 4m antl..RjjCohjt of Collier CtNtttfjr
$ ti,
v, itii' ff'rcttt t t this
Mayor Z
GHT E.I6M1 0t, cLERX OF COURTS
toA
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
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* *4OR 4772 PG 1128 * **
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER) `
The foregoing instrument was acknowledged before me thi;� day of l uGsq
2012, by Robert Kaufman, Vice Chair of a Code Enforcement Board of Collier0nty;
personally known to me or who has produced a Florida Driver's License as iden ' ion.
r MYCONMOOHIEE142130 N T R� PUBLIC
` ptplRES: NVIR- bill 22.2tn6 My commission expires:
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and c
Garcia, 4280 6th Avenue N.E., Naples, Fl. 3411"
can
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7/8/2014 16.A.11.
has been sent by U. S. Mail to Melba
2011
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