Loading...
Agenda 12/09/2014 Item #16A19 12/9/2014 16.A.19. EXECUTIVE SUMMARY Recommendation to approve four releases of code enforcement liens with a combined accrued value of $1,249,713 for payment of $5,663, in the code enforcement actions entitled Board of County Commissioners v. Allen W. Fuller and Barbara A. Davis, Code Enforcement Board Case Nos. CESD20080010447, CESD20080010474, CEPM20110002247 and CEPM20110002260, relating to property located at 267 Price Street, Collier County,Florida. OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release four code enforcement liens with a combined accrued value of$1,249,713, for payment of$5,663, in relation to Code Enforcement Board Case Nos. CESD20080010447, CESD20080010474, CEPM20110002247 and CEPM20110002260. CONSIDERATIONS: As a result of various code violations at 267 Price Street, as reflected below, the Special Magistrate ordered the imposition of four liens against Allen W. Fuller and Barbara A. Davis as follows (in chronological order based on lien recording date): The lien in Case No. CESD20080010447 was recorded in the Official Records on February 10, 2011, at O.R. Book 4651, Page 517 (alteration and additions converting a residence to a two- story duplex structure with structural, plumbing and electrical alterations without the required permits). The lien amount of$384,488.14 is based on 1,922 days of accrued fines ($200 per day from July 25, 2009 through October 29, 2014), plus operational costs of$88.14. The property was brought into compliance on October 29, 2014. The lien in Case No. CESD20080010474 was recorded in the Official Records on February 10, 2011, at O.R. Book 4651, Page 519 (mobile home on property with utility connections without required building permits). The lien amount of$132,600 is based on 663 days of accrued fines ($200 per day from July 25, 2009 through May 19, 2011). The property was brought into compliance on May 19, 2011. The lien in Case No. CEPM20110002247 was recorded in the Official Records on November 7, 2014 at O.R. Book 5092, Page 3700 (missing and broken windows, missing and unsecured exterior doors, holes in the walls and no operational sinks, tub, shower or toilets). The lien amount of$710,825.43 is based on 105 days of accrued fines ($500 per day for Order items 1 & 3 from March 2, 2011 through June 14, 2011) and 1,313 days of accrued fines ($500 per day for Order items 2 & 4 from March 27, 2011 through October 29, 2014), plus operational costs of $81.43 and abatement costs of $1,744. The County brought the property into compliance on October 29, 2014. The lien in Case No. CEPM20110002260 was recorded in the Official Records on October 9, 2013, at O.R. Book 4973, Page 2098 (mobile home with missing and broken windows and unsecured exterior doors). The lien amount of$21,799.43 is based on 74 days of accrued fines ($250 per day from March 7, 2011 through May 19, 2011), the operational costs of$81.43 and abatement costs of$3,218 have been paid. The County brought the property into compliance on May 19, 2011. [1 4-CED-00966/1 1 323 83/1] Packet Page-1130- 12/9/2014 16.A.19. Following a foreclosure (Case No. 2012-CA-4200), a Certificate of Title was recorded on February 26, 2014 in favor of Nationstar Mortgage. Nationstar Mortgage then sold the property to Elke Hein-Glenn on August 22, 2014. Ms. Hein-Glenn has incurred costs as evidenced by the attached hardship letter and backup. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of a code enforcement lien would impose a severe financial hardship on the property owner; fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. The owner has been actively maintaining the property and has paid $5,663. Ms. Hein-Glenn is requesting the waiver of$1,244,050 in accrued fines. FISCAL IMPACT: Payment of the $5,663 has been made representing a $450 fine, $251 in operational costs and $4,962 in abatement costs. If approved by the Board, accrued fines in the amount of$1,244,050 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 of County Commissioners waive the fines in the amount of $1,244,050, accept payment amount of $5,663, release the lien, and authorizes the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management Division, Planning and Regulation Attachments: 1) Releases and Satisfactions of Lien (4) 2) Lien Order 3) Hardship Letter [14-CED-00966/1 1 3 23 83/1] Packet Page 4131- 12/9/2014 16.A.19. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.19. Item Summary: Recommendation to approve four releases of code enforcement liens with a combined accrued value of$1,249,713 for payment of$5,663, in the code enforcement actions entitled Board of County Commissioners v. Allen W. Fuller and Barbara A. Davis, Code Enforcement Board Case Nos. CESD20080010447, CESD20080010474, CEPM20110002247 and CEPM20110002260, relating to property located at 267 Price Street, Collier County, Florida. Meeting Date: 12/9/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 11/12/2014 10:50:11 AM Approved By Name: WrightJeff Title: Director-Code Enforcement, Code Enforcement Date: 11/14/2014 9:52:38 AM Name: PuigJudy Title: Operations Analyst,Community Development&Environmental Services Date: 11/14/2014 2:08:11 PM Name:NoellKevin Title: Assistant County Attorney, CAO General Services Date: 11/17/2014 9:29:17 AM Name: CasalanguidaNick Title: Administrator-Growth Management Div, Business Management&Budget Office Date: 11/23/2014 10:51:44 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/24/2014 8:59:19 AM Name: lsacksonMark Packet Page -1132- 12/9/2014 16.A.19. Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date: 11/24/2014 9:30:06 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering&Construction Management Date: 11/25/2014 10:44:38 AM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 11/30/2014 11:50:25 AM Packet Page -1133- 12/9/2014 16.A.19. 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: Allen W. Fuller and Barbara A. Davis Respondents The lien was recorded on February 10, 2011, in Official Records Book 4651, Page 517, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One hundred ten thousand two hundred eighty-eight dollars and fourteen cents ($110,288.14), 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 Noel! Assistant County Attorney Packet Page -1134- 12/9/2014 16.A.19. �-- 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: Allen W. Fuller and Barbara A. Davis Respondents The lien was recorded on February 10, 2011, in Official Records Book 4651, Page 519, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of One hundred ten thousand two hundred eighty-seven dollars and fifty-seven cents ($110,287.57), 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 1/// Kevin Noel! Assistant County Attorney Packet Page-1135- 12/9/2014 16.A.19.- 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: Allen W. Fuller and Barbara A. Davis Respondents The lien was recorded on November 7, 2014, in Official Records Book 5092 Page 3700 in the Official Records of Collier County, State of Florida. The lien secures the principal sum of Six hundred ninety-three thousand eight hundred twenty-five dollars and forty-three cents ($693,825.43), 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 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 Noel' Assistant County Attorney Packet Page-1136- 12/9/2014 16.A.19. 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: Allen W. Fuller and Barbara A, Davis Respondents The lien was recorded on October 9, 2013, in Official Records Book 4973, Page 2098, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty-one thousand seven hundred ninety-nine dollars and forty-three cents ($21,799.43), 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 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 Packet Page -1137- INSTR 4524936 OR 4651 PG 517 RECORDED 2/10/2011 12:44 PM PAGES 2 12/9/2014 16.A.19. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20080010447 vs. ALLEN W.FULLER AND BARBARA A.DAVIS, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearingfeforeithepril 23,2009,after due notice to Respondents at which time the Board heard testis g ty nderr-oati ree�ei ed`evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued tts..orai Order which was'ret�i ed.to writing on April 30,2009 and furnished to Respondents and was recorded'M.the Public Records of Collicr,County,Florida at OR 4449,PG 2463, et.seq.on May 5,2009. �\ ■ An Affidavit of Non-Compl(arce Kas en ''tlrilre;-3©atd-bz thetode Enforcement Official on January 26,2011,which Affidavit ceitifietf u der�oat rth t t e relj}ttracl orte, ctive action has not been taken as (! } / ordered. ^= ■ Accordingly,it having beenbfought to the Board's attentIDn that Resptt,nts have not complied with the Order dated April 30,2009,it is hereby,.. \ ORDERED,that the Respondeits,.'Allen W.Fuller and Barba 'I arts,pay to Collier County fines in the amount of S110,200(Order Item 2)for the,pef—of July 25,2009 t hrau 1 anuary 27,2011 (551 days)at the rate of S200/day,plus S88.14 for the operational Costs'fol–atotai-of-u-1 1tl,28$;1 IT IS FURTHER ORDERED that the fine3-and!pefran l"sts shall continue to accrue until • Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any a_grieved 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. lr DONE AND ORDERED this day of � 2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA State at Fu4RtU {;r" t; BY: :.ounty of COL., •' .' Kenneth Kelly,Chair f.• . <• ' • r - 2800 North Horseshoe Drive I HER EBY:CE Til=Y,ThATVe!i e.title and Naples,Florida 34104 torreCt CODY'Ot a,oaciimentOd,tile la Board Minutes end RteCC$Qt Cal NtTNES niv hand oil iiffidat'' ttiis kxupu�,�Qtt • $ROU Packet Page -1138- *** OR 4651 PG 518 *** 12/9/2014 16.A.19. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of q.--__t_33- . ,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓ personally known to me or who has Florida Driver's License as identification.• KRST14EHOLT011 ' ,k_✓�' -k-",•:s- ..it_.-kZ/.-,.., si.^i' , 8859 t= MY Cott'•t!s5!VI t DOE NOTARY PUBLIC • '= € VIZ S Sune 18.2011 -G7:�c`f &x+dca 7Lrv,-•ay P,,ti3 Urd'w"""* My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Allen W.Fuller and Barbara A.Davis,265 Price Street,Naple J '"'1Qlida 34113 this L4' day of ' •.eit• . ,2011. ../...C),‘2 7L-'-' --/:-E--,C.C.-E4 ‘.2,‘-,t- -s.,-'' / / M.Jeanyawson,\Esq. • / / i�._, 'v ----F.lgrida Bar No.750311 / / -°\.-1 Attorney for the Code Enforcement Board /I/ I' �:•-'1 "'7\ rrnaini Trail,Ste.208 lt ( aples, lorida 3410 ,... ,\ L., (:39)26,-.2-8206] .I \---,.:\ -7.t Packet Page-1139- INSTR 4524937 OR 4651 PG 519 RECORDED 2/10/2011 12:44 PM PAGES 2 12/9/2014 16.A.19. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC S18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20080010474 vs. ALLEN W.FULLER AND BARBARA A.DAVIS, Respondents ORDER IMPOSING FM1E/LIEN THIS CAUSE came on for public hearin0e{trpitetWoratAoitiAgril 23,2009,after due notice to Respondents at which time the Board heardt[ oh-undt'l bdth,r \qd evidence,and issued its Findings of Fact and Conclusions of Law and thereupon is5udd4t .oral Order which wart u ed.to writing on April 30,2009 and furnished to Respondents and was recorded'Kthe Public Records of Collier.\utty,Florida at OR 4449,PG 2460, et.seq.on May 5,2009. /An Affidavit of Non•CompliancE h 't ti `rl e t 'Code Enforcement Official on January 26,2011,which Affidavit certifisi unde oa th t t e re ntr d orcective action has not been taken as ordered. I w) Accordingly,it having been brought to the Board's attention that espon21e;tts have not complied with the Order dated April 30,2009,it is hereby \ I: I ,l--� ORDERED,that the Respondents tAtlen W.Fuller and Barbara 'Tavts,pay to Collier County fines in the amount of $110,200(Order Item 2)for the`gefi4of,July 25,2009 throtiufi'•J9n ary 27,2011 (551 days)at a rate of 5200/day,plus$87.57 for the operational costs,foT a oIal-of l-]9 0$'7: ?,. IT IS FURTHER ORDERED that the f ri s and. t rffizana1 costs shall continue to accrue until Respondents come 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 `r y day of 4� �. ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY L-OR18.• State 01 F* n tit1lk ,+ounty of COL' ER, ' ✓ BY: '. Kenneth Kelly,Chair I HEREBY CEJ;TiFY'1'IAT flush t a.tnu an. 2800 North Horseshoe Drive ;orreCt copy Ott cllgctimertt crif#e�U Naples,Florida 34104 Board 0+4inute i.d R4coras,ofCr Ulir Coottlkp NlT* ESS my anci,afflciai:>seal this iJ'f'_ flay tit ,•z o l•( • av SOCK, !(Of GOt#!1$ Packet Page -1140- *** OR 4651 PG 520 *** 12/9/2014 16.A.19. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of `� , ,2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓ personally brown to me or wh ha roduced a Florida Driver's License as identification. L-...-- {STINE HOLTON ' l �, C�(t Ot.1A41SS10tI t DD 680 9� NOTARY PUBLIC EXPIRES:June 18,2011 vPuti4Urerene7 Mycommissionexpires:na�Th'uM'. • CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U .Mail to Allen W.Fuller and Barbara A.Davis,265 Price Street,Naps,Florida 34113 this L(day of r�G-• ,2011. • /c---,,',/ IK Je'an 8a<'son>Esq. if 7 s, ',, Florida Bar No.750311 / " �� Attorney for tit;Code Enforcement Board // �.' , 1 Tail,Ste.208 1 if liapjes, lont7a 410 -., �� 9)2 -82061:,_1 - \ .l, I / ;1 N ,7-c Packet Page-1141- 12/9/2014 16.A.19. COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD `—` Case No.—CEPM20110002247 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ALLEN W.FULLER AND BARBARA A. DAVIS, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD AMENDED ORDER IMPOSING FINE/LIEN THIS CAUSE came before the Code Enforcement Board upon the Petitioner's Motion for Imposition Fines/Liens on September 25,2014,and the Code Enforcement Board,having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of Code Enforcement Board,as follows: FINDINGS OF FACT 1. On February 24,2011,Respondent was found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI,Section 22-243 and Section 22-231(12)(i)for missing and broken windows, missing andior unsecured exterior doors,holes in the walls, no operational sinks, tub'shower or toilets, which violation(s)occurred on the property located at 267 Price ST,Naples, FL, Folio 4 730160003 (Legal Description:4 51 26 N1,'2 OF W12 OF W1'2 OF NEI/4 OF N W 1`4 OF NWI'4 1.29 AC OR 992 PG 1135) 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate order items 1 and 3 on or before March 1,2011 or pay a fine of$500.00 per day and abate order items 2 and 4 on or before March 26.2011,or pay a fine of S500.00 for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4656, PG 2313). 3. Operational costs of 581.43 incurred by the County in the prosecution of this case were ordered to he paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing,and no legal defense to the Motion was presented. 5, No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44.as amended,has been time!) filed. 6. Order items 1 and 3 have been abated as of June 14,2011.Order items 2 and 4 have not been abated as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162. Florida Statutes_and Collier County Ordinance No. 2007-44.as amended, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. Packet Page -1142- 12/9/2014 16.A.19. B. Order items I and 3: Daily fines of$500.00 per day are assessed against the Respondents for 105 days for the period from March],2O|| mJune |4`2O| ) for order items | and 3 for u total uf852jOO.OU. Order items 2 and 4: Daily fines of$500.00 per day are assessed against the Respondents for 1279 days for `--� the period from March 27.2011 zo September 25.20|4 for a total of S639.500.00,Total fines to date are S692.000.00 C. Respondent shall pay the previously assessed operational costs in the amount v[Q8|.4J. D. Respondent shall pay the abatement costs incurred by the County in the amount of S1,744.00 B. Respondent is ordered to pay fines and costs in the total amount of S693,82643o,he subject to Notice n{ Assessment of Lien against all properties owned by Respondent in Collier County. Florida. F. The daily fine of S500.00,for order items 2 and 4,shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. � DONE AND ORDERED this �l-' day oPe/ ,2V]*u, Collier County, Florida. COm - • :~ ~ - ENT BOARD '0LLlER[OU '' . F • STATE OF FLORIDA ) 2W0 )SS: Nupl x Florida 341 COUNTY OF COLLIER) / �� � �^ The forego' beh/rcmo�A�~—� da>'o[ �/�~�Chair of the Code Eofbzmmcn�8omdu[CnUierCounty, F\orid�whob who has Produced as identification. '"~A"~^''^`^'''~--A / / / Commission 1461*7 . . / I ===~v,^^ ~M'- ��'�'` --���~�8 My commission expires! / ~ PAYMENT OF FINES: An 'fines ordered to be paid pursuant to this Or ormuy6epuidutthcCnUioCount} Code Enforcement Department,2800 North Horseshoe Drive.Naples,FL 34104, Phone: (239)252-2440, Website: wnw*.co||iergnv.mm. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(]O)days of the execution of the Order appealed. An appeal shall not he a hearing de novo,hut shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing parry to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically sta the Boards Order, CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b1J,445uai|to Allen \V Fuller and Barbara A. Davis,278 Riveood Drive.Napjes. Florida hi� ,3 day .2Ol4 tateofFl3nda / , CamntycdCOLLIER Tamara Lynne Nicola, Esquire H;R:--BY CEF.TiFYTHAT this IF:atte and Florida Bar No. 968900 cor7c.c 1 ocn`e/«on@eh - Attorney for the Code Enforcement Board 7'marl Rycorzsof Collier County 681 Goodlette Road N., Ste.210 �y noi. arid off: al seal this J Naples.Florida 34012 �r�i�� (239)261-6909• DWIGHT E. BROOK,CLERK OF COURTS Y\ � Vy.A. � ~ ��C. Z Packet Page-1143- INSTR 4900115 OR 4973 PG 2098 RECORDED 10/9/2013 8:44 AM PAGES 2 12/9/2014 16.A.19. 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, CEPM20110002260 vs. ALLEN W.FULLER AND BARBARA A.DAVIS, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public eariri ore-tire- J rtlAu l ruary 24,2011,after due notice to Respondents at which time the Board heardi: iiriony under oath,rel e evidence,and issued its Findings of Fact and Conclusions of Law and thereuponiisiunts oral Order which was duce'li,to writing on February 25,2011 and furnished to Respondents and was re orde f ircI iZ iTt51' ords�of Coll County,Florida at OR 4656,PG 2317, et.seq.on May 2,2011. / / �� --,..� An Affidavit of Compliance his/b.—Tile led eil3 'rd tl o e Enforcement Official on July 20, 2011,which Affidavit certified under osftli t t re\\.......2.,,./d quit ti o {ice coon has b jen taken as ordered. Accordingly,it having be rdught to the Board's atterttion that the o'rty is in compliance with the Order dated February 25,2011,it isli'eroby 1 /'3/ ORDERED,that the Respondcn ,Aihlllen W.Fuller and Barba, S4vis pay to Collier County fines in the amount of S18,500 (Order Items 1 &2).at a-rate�of 5250/day for the'et;{o: f March 7,2011 through May 19, 2011 (74 days),plus 53,218.00 abatement°cizsi�;'pl'u3^S8 L.d3..op Cigna sts,for a total of 521,799.43. Any aggrieved party may appeal a final ore thud 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 I q day ofS ,2013 at Collier County,Florida. CODE E EMENT BOARD COL LINTY ORIDA B . / J .� _ `*ben Kau'alai,Chai State of Florida 2:00 North Horseshoe Of County of COLLIER Naples,Florida 34104` I HEREBY CERTIFY THAT this is a true and correct copy of a document on fide m Board,Minutes and Records of Collier County W TF4BSS my harid nd official seal this day-of- dL .' 13 '''WIGHT:E.BROCK,CI.ERK OF COURTS .rte .C. ✓ Packet Page-1144- *** oR 4973 PG 2099 12/9/2014 16.A.19. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of.5 C r', 2013,, Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is V' personally known to me or who has 6.oduced a Florida Driver's License as identification. r asst fy ' 1 ;'r^%i KAREN G BAILEY NO ARY PUBLIC '`' MY COMMISSION#EE675121 My commission expires: 0 7a ` EXPIRES February 14,2017 ,ioi;. .otsy FlmaHueurySe vim tem CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correetWithis.J2RDER has been sent by U.S.Mail to Allen W.Fuller and Barbara A.Davis,278 Riverworki,EkiiierNa lh) r'da'41 l4 this day of 6C.1017. ,2013. / ` M 1Je Rawson,Es.q. 'F17817ia'BaFi o.7503,11 ■ k.68TN.Goodlette Roa$,Ste,210 jj1 71 aA@ds { orWi 3A 12� ri f .r,-;1 1 . ti / Packet Page -1145- 12/9/2014 16.A.19. To whom it may concern, My name is Elke Hein-Glenn and I purchased the property at 265-267 Price St in August 2014.Once I received the approval to obtain the residence I immediately began working on resolving the code enforcement issues that were pending. There were two code case for the property one was (CEPM20110002247) (CESD20080010447)for broken windows and doors and the second was unpermitted improvements to the bottom of the stilt home.After working with Renald Paul(Project Coordinator) at code we were able to figure out what was needed to resolve these issues. I applied for a building permit on October 1,2014 after being told by staff to obtain a permit by affidavit for the improvements. My architect took an extra two to three weeks to complete my construction plans which held me up from submitting for permits. I ended up not needing the permit by affidavit but I had already paid the engineer/architect $1,550.00 for no reason. I paid a total of 5387.20 in permit/inspection fees. I had several inspections done and failed at the site because there was a lot of confusion on what I could keep inside of the storage space. Finally we were able to get all the inspections passed and the permit was finalized on 10-29-2014. I have spent an additional$500.00 for the material and other items to get the property up to code. I was able to do the work myself so I didn't have to pay a contractor to do the work,which took a lot of man hours.After obtaining my certificate of completion I spoke to county staff and they advised that the fines as of today were as follows$7,688.14 for the code case ending in (2247) and$20,825.43 code case ending in (447). I do understand that the county had paid some hard cost for the boarding of the stilt house when the prior owner was there.I am aware that I have to pay$1,744 for the boarding of the house and two separate operational cost$88.14, and 581.43 for the two code cases going before the judge. It's a financial hardship on me to have to pay the remaining amount of$26,600 for the daily fines that were accruing on the property. I am asking to please waive that amount. I hale been working with staff since day one to resolve all the code issues (and I have r n into many road blocks but I was able to get the code issues resolved. h r incerely Elke Hein-G nn av� * ?c 0 Packet Page-1146- 12/9/2014 16.A.19. Elemental Messengers, LLC F128rt 0 0 M yuenrsiv,e3D90r.7 S uite 402 Payment Receipt 239-245-3250 Date Number ...m,. ElementalMessengerseyahoo.com www.ElementalMessengers.corn 10129/2014 260 Received From Elke Hein-Glenn Payment Amount $800.00 Method Cash Check I Ref.No. Elke_heinglenn©yahoo com Applied to Invoices Date Number Memo Total Amount Applied Balance 1 10129/2014 526 800.00 800.00 0.00 Note: Pawed ar&met vnaae•Staetmvfl ae mn Packet Page-1147- 12/9/2014 16.A.19. Invoice No: Hein-Glenn-Invoice 01 Date: 15-Oct-2014 `� DESIGN IA c1"Vs; r) R Awc..,ecr b 1147E u.c.lut Je s c:n Client Elke Hein-Glenn 2066 Morning Sun Lane 267 Price Street Naples, Florida 34119 Naples, Florida 34113 ph(239)404-5475 Basic Scope of Service Fee I Description j Hein-Glenn Residence-267 Price Street-Naples,Florida 34113 Permit by Affidavit Restoring the ground floor plan back to storage room Basic Fee Subtotal $750.001 Reimbursables Description Reimbursables Subtotal $0.00 Addition Services Fee I Description Hours Hourly Rate Total Additional Fee Subtotal $0.00 invoice Total $750.00 Please pay upon receipt and make checks payable to Linea Design Network Packet Page-1148- 12/9/2014 16.A.19. FLA Surveys Corp FLA Surveys Corp Invoice Corporate Admin Headquarters - _ 9220 Bonita Beach Road Ste 200 Bonita Springs,FL 34135 08/06/2014 14-76498 (239)404-7129 ; sglamiat@gmail_com Due on receipt 08/06/2014 Glenn,E&e-Hain Glenn,Eike-Hain 439 Crossfidd Circle 239-200-7303 cell Naples,FL 34104 elke-hainglenn@yahoo.com Elke 6 • 1, -- ="1 , $0.00 Please detach top portion and return wort vow pain Glenn Elevation -267 Price St_Naples 200.,013 Catifioate Pay with PayPal__ortvw.flasurveys 4Xtfli Total We also accept VISA,MasterCard&American Express. Payment S200.00 Thank you for your business! r " Field Office-7344-54th Ave N. St Petersbing,FL 33709 Additional Phone Ntrobers n9-250-2795 239-250-2792 239-Z25-S504 Packet Page -1149- 12/9/2014 16.A.19. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014209075 Transaction Number: 2014-056193 Date Paid: 10/29/2014 Amount Due: $140.00 Payment Details: Payment Method Amount Paid Check Number Check $140.00 94 Amount Paid: $140.00 Change / Overage: $0.00 Contact: HEIN-GLEN, ELKE 439 CROSSFIELD CIRCLE NAPLES , FL 34104 FEE DETAILS: Fee Description Reference Number Orioinal Amount GL Account Fee Paid Reinspection Fee for Building PRBD20141027858 570.00 $70.00 Reinspection Fee for PRBD20141027858 570.00 $70.00 1111.1111.81.1.0.3 Building Cashier Name: LeaDerence Batch Number: 4075 Entered By: johntogher Packet Page-1150- 12/9/2014 16.A.19. Inspector ' tv*I I 1 I Fee Search/Make Payment View Ait Activities on this Application Add a new person or iusiness to Address Book . . ees ,.._ ............ [ R.ecalcutate Ail Fees f Recalculate_SelectedFee [ Add a Fee:, 1 TiTlik Type Quantity I Fee Amount 1 Payable? Amount Paid Paid? Date Paid 1-4- ...., Inspection Fee 4 i 5 220.00 I ;Z $ 220.00 i W 110/15/2014 l ..... BCAI . 1 $ 3.601 W $3.60 i W 110/15/2014 l ' _ i f . ,.... DCA $ 3.60! :2; $3.601 2 I 10/15/2014 ---- f- . ,Reinspedion Fee for Building • . $70.00 1 2 $0.00 0 T .i Reinspection Fee for Building 1 $ 70.00 2 $ 0.00 0 1 7• ' f 1 ....1Reinspection Fee for Building i $ 70.001 7i-j $0.00 0 i j Payment in Progress? ri Amount Owing $210.00 Paid $247.20 Adiust Pea_ Description I Selected Fee Amount Owing $0.00 Entered By Jesse DeWitt Fri Data Due - -_— _ Date Entered 110/01/2014 _._ Show Mare Fields i Hide or Clear fields OverrideGLAccount1113-138900-322110-000000 z j• Permit Number IPRBD2014102785801 Permit Type IDE Payments Make Payment 1 •......, Amount Paid Ancxxne 1 Payment Method Check# I Receipt# • 1 Batch$ Transaction tt1 Dale Paid $20.00 I 113-138900-32211 :Check 1270 2014203150 4-023 2014-050268110101/2014 Paid By !Glenn, Rickard&Eike,Address:439 Crossfield Circle, Phone:(239) 290-7303 ViewinAddrecsBook 1 Show More Fields 1 f Hide or Clear Fields 1 Packet Page -1151- 12/9/2014 16.A.19. Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014206332 Transaction Number: 2014-053450 Date Paid: 10/15/2014 Amount Due: $227.20 Payment Details: Payment Method Amount Paid Check Number Check $227.20 1275 Amount Paid: 5227.20 Change / Overage: $0.00 Contact: Glenn, Rickard & Elke 439 Crossfield Circle Naples, FL 34104 FEE DETAILS: fee Description Reference Number Original Amount Gt.Account fas Paid Inspection Fee PRBD20141027858 5220.00 5220.00 BCAI PR5020141027858 $3.60 $3.60 DCA PRBD20141027858 $3.60 $3.60 11101.11111111.11./iP Cashier Name: LeaDerence Batch Number: 4053 Entered By: almalarabrito Packet Page-1152- 12/9/2014 16.A.19. Collier County Growth Management Division 2800 Horseshoe Drive N. Naplc..s, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2014209626 Transaction Number: 2014-056744 Date Paid: 10/31/2014 Amount Due: $112,113.57 Payment Details: Payment Method Amount Paid Check Number Check $2,363.57 1302 Amount Paid: $2,363.57 Change J Overage: $0.00 Contact: Glenn, Rickard & Elke 439 Crossfieid Circle Naples, FL 34104 FEE DETAILS: Fee Description Reference Number Orininat Amount GL Account Ete Operational Costs (CEB) CESD20080010447 $88.14 $88.14 araNININNVage•PWIE Code Enforcement Board CESD20080010447 $110,200.00 $450.00 s =a1■11.116 Operational Costs (CEB) CEPM20110002247 $81.43 $81.43 Clear Lot CEPM20110002247 $1,744.00 $1,744.00 Cashier Name: LeaDerence Batch Number: 4081 Entered By: jenniferwaidron Packet Page-1153-