Agenda 12/09/2014 Item #16A23 12/9/2014 16.A.23.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$10,339.03, for payment of $2,039.03, in the code enforcement action entitled Board of County
Commissioners v. Robert Tarantola and Donna Tarantola, Special Magistrate Case No.
CEPM20140003819, relating to property located at 7804 Valencia Ct., Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$1 0,339.03, for payment of$2,039.03, in relation
to Code Enforcement Board Case No. CEPM20140003819.
CONSIDERATIONS: As a result of a code violation at 7804 Valencia Ct., which consisted of
an unmaintained pool with green water, the Special Magistrate ordered the imposition of a lien
against Robert Tarantola and Donna Tarantola in Case No. CEPM20140003819. The lien was
recorded in the Official Public Records on September 22, 2014, at O.R. Book 5078, Page 379,
and it encumbers all real and personal property owned by Robert Tarantola and Donna Tarantola.
The lien amount of$10,339.03 is based on 35 days of accrued fines (June 14, 2014 through July
18, 2014) at $250 per day plus $229.43 in operational costs and $1,359.60 in abatement costs.
The property is under contract as a short sale. The owners have provided a hardship letter (see
attached). The property was brought into compliance on July 18, 2014.
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 may be considered for a waiver as long as
compliance has been achieved. The owners have been actively maintaining the property and
have paid $2,039.03. Mr. and Mrs. Tarantola are requesting the waiver of $8,300 in accrued
fines.
FISCAL IMPACT: Payment of the $2,039.03 fine has been made representing a $450 fine,
$229.43 in operational costs and $1,359.60 in abatement costs. If approved by the Board,
accrued fines in the amount of$8,300 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 $8,300, accept payment amount of $2,039.03, release the lien, and authorize the
Chairman to sign the attached release and satisfaction of lien for recording in the Official Public
Records.
14-CED-00962/1131727/1
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12/9/2014 16.A.23.
Prepared by: Jeff Wright, Director, Code Enforcement Department, Growth Management
Division, Planning and Regulation
Attachments: 1) Release and Satisfaction of Lien
2) Lien Order
3)Hardship Letter
14-CED-00962/1 1 31 727/1
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12/9/2014 16.A.23.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.23.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$10,339.03,for payment of$2,039.03, in the code enforcement action
entitled Board of County Commissioners v. Robert Tarantola and Donna Tarantola, Special
Magistrate Case No. CEPM20140003819, relating to property located at 7804 Valencia Ct.,
Collier County, Florida.
Meeting Date: 12/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
11/12/2014 11:02:29 AM
Approved By
Name: WrightJeff
Title: Director-Code Enforcement, Code Enforcement
Date: 11/14/2014 9:50:28 AM
Name: PuigJudy
Title: Operations Analyst, Community Development&Environmental Services
Date: 11/14/2014 3:59:35 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 11/17/2014 9:22:55 AM
Name: CasalanguidaNick
Title: Administrator-Growth Management Div, Business Management&Budget Office
Date: 11/23/2014 10:47:23 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/24/2014 8:57:11 AM
Name: IsacksonMark
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12/9/2014 16.A.23.
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 11/24/2014 9:29:58 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 11/25/2014 10:39:04 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 11/25/2014 12:17:43 PM
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12/9/2014 16.A.23.
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:
Robert Tarantola and Donna Tarantola
Respondents
The lien was recorded on September 22, 2014, in Official Records Book 5078, Page 379, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of ten
thousand three hundred thirty-nine dollars and three cents ($10,339.03), 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 5031874 OR 5078 PG 379 RECORDED 9/22/2014 8:15 AM PAGES 2 12/9/2014 16.A.23.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 418.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM20140003819
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROBERT TARANTOLA AND
DONNA TARANTOLA,
Respondent. q i ; -
t
ORDERf OF THE'SPECIALMAGISTRATE
i',) {POSIN�..'F.INES/LIENS
ij i h3l� -f\y r
; :y V ;
THIS CAUSE came bef(ore itherSpecial IviagIstrate,fo't public hearing upon the Petitioner's
Motion for Imposition of Fines7Liens n Set._ b p 5, 01 4,_;14 the-Special Magistrate, having heard
argument respective to all appifiriate matters, hereupolt issues its'.Fihdings of Fact and Order of the
Special Magistrate,as follows: �
FINDINGS OF FACT
1. On June 6,2014,Respondent�+as' 'aundxgulltro! io1ation of Collier County Code of Laws and
Ordinances,Chapter 22,Article VI,Section 22.231(15)for pool water that is green in color and
not being properly maintained,which violation occurred on the property located at 7804 Valencia
Ct,Naples,FL,Folio#22455700687(Legal Description:ASHTON PLACE LOT 29).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before June 13,2014,or a fine of$250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5051,
PG 3053).
3. Operational costs of$115.40 incurred by the County in the prosecution of this case were ordered
to be 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
timely filed.
6. The violation has been abated as of July 18,2014.
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*** OR 5078 PG 380 *** 12/9/2014 16.A.23.
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.
B. Daily fines of$250.00 per day are assessed against Respondent for 35 days for the period from
June 14,2014 to July 18,2014,for a total amount of fines of$8,750.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$115.40.
D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$114.03.
E. Respondent shall pay the abatement costs incurred by the county in the amount of$1,359.60.
j"1
F. Respondent is ordered to pay flnaazi4eostrm tlhe ota}'a!nount of 510,339.03 or be subject to
Notice of Assessment of Lien against all properties ou ed`by.,Respondent in Collier County,
Florida. '
f.,
DONE AND ORDERED this 'day of ,2111;4 at Collier County,Florida.
a
� ..
COLLIER-COUNTY/CODE ENFORCEMENT
SPECIAL MAGISTRATE
rAL
tAC. • t 'TTSON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,phone
(239)252-2440,or Colliergov.net. 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 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.
County of;,OIL iER
1, E tEE r_ ::t}Y � 1 �: is a true and
cc: Respondent—Robert Tarantola and Donna Tarantola c t f�`a' if�l. o"h�,
Collier Co.Code Enforcement Dept. ?;;_.;�;.. �:-� :r% � '?L' e County
c,
Dv,g3H T E o DOK CLERrK Gr COURTS
VI. /
i� 1 D.C._----
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v
12/9/2014 16.A.23.
Monday,October 27, 201,4
.Donna M &Robert Taranto'',herby request a reduction of fines because the full hen amount world
impose a severe financial hardship,
We are in such hardship that we are in the middle of an approved short sate&the buyer will be paying
al of the hard oasts assessed In order to dear Case Nit CEPM2O114O1XS&19 and dose on the property
ASAP.
The approved buyer is aware that all casts and expenses incurred by the County are not eliglbk for
reductions.They Agree to pay what is needed are seeking Board of County Commissioners'approval
asap.They will be ready to dose on this once approval Is Issued.
Thank you,
I'
{
Robert Tarantaie 10/27/2014
1/1:1)441441/44dif
Gonna M.Tarantola IC/Z7/202A
7804 Vatencia Ct Naples R.34113 -Case 10 CEPM20140003819
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