Agenda 09/09/2014 Item #16A34 9/9/2014 16.A.34.
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EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$118,612.47, for payment of $6,712.47, in the code enforcement action entitled Board of County
Commissioners v. Eduardo Gonzales, Special Magistrate Case No. CESD20100003073, relating to
property located at 2140 48th Street SW,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 $118,612.47, for payment of $6,712.47, in
relation to Special Magistrate Case No. CESD20100003073.
CONSIDERATIONS: As a result of code violations at 2140 48th St. SW, consisting of an
unpermitted shed and garage, the Special Magistrate ordered the imposition of a lien against
Eduardo Gonzales, in Case No. CESD20100003073. The lien was recorded in the Official
Public Records on May 9, 2011, at O.R. Book 4679, Page 2421, and it encumbers all real and
personal property owned by Eduardo Gonzales. The lien amount of$118,612.47 is based on
1,185 days of accrued fines, at $100 per day (Feb. 15, 2011 through May 14, 2014, totaling
$118,500),plus$112.47 in operational costs.
Following a foreclosure (Case No. 2008-CA-4609), a Certificate of Title was recorded on
February 7, 2014 in favor of Deutsche Bank National Trust Company, Trustee. The property
was brought into compliance on May 14,2014 by this new owner.
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. In this case,
the new owner abated the violation and incurred fines for sixty-six (66) days beyond the 30-day
grace period. The property is being actively maintained and the owner has paid $6,712.47 in
fines accrued during its new ownership. The new owner is requesting a waiver of$111,900 in
accrued fines.
FISCAL IMPACT: Payment of$6,712.47 has been made,representing$6,600 in accrued fines
and $112.47 in operational costs. If approved by the Board, accrued fines in the amount of
$111,900 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$111,900, accept payment in the amount of$6,712.47, release the lien, and authorizes
[1 4-CED-00911 X110776511]
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9/9/2014 16.A.34.
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)Release and Satisfaction of Lien
2)Lien Order
[14-CED-00911/1107765/1]
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9/9/2014 16.A.34.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.34.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$118,612.47,for payment of$6,712.47, in the code enforcement action
entitled Board of County Commissioners v. Eduardo Gonzales, Special Magistrate Case No.
CESD20100003073, relating to property located at 2140 48th Street SW, Collier County, Florida.
Meeting Date: 9/9/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/8/2014 8:19:48 AM
Approved By
Name: PuigJudy
Title: Operations Analyst,Community Development&Environmental Services
Date: 8/11/2014 11:19:10 AM
Name: WrightJeff
Title:Director-Code Enforcement,Code Enforcement
Date: 8/13/2014 8:19:22 AM
Name:NoellKevin
Title:Assistant County Attorney,CAO General Services
Date: 8/13/2014 9:23:37 AM
Name: MarcellaJeanne
Title:Executive Secretary,Transportation Planning
Date: 8/21/2014 10:16:04 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 8/21/2014 3:51:39 PM
Name: KlatzkowJeff
Title: County Attorney,
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9/9/2014 16.A.34.
Date: 8/21/2014 4:33:19 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 8/21/2014 6:01:36 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 8/25/2014 1:19:06 PM
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9/9/2014 16.A.34.
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 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:
Eduardo Gonzales
Respondent
The lien was recorded on May 9, 2011, in Official Records Book 4679, Page 2421, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of one
thousand nine hundred twelve dollars and forty-seven cents ($1,912.47), 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
-141/7/(/
Kevin NoeIl
Assistant County Attorney
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INSTR 4558347 OR 4679 PG 2421 RECORDED 5/9/2011 9:28 AM PAGES 3 9/9/2014 16.A.34.
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC 327.00
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.–CESD–2010-0003073
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
EDUARDO GONZALES,
Respondent.
,R. CO /
ORD 'At k.,M t;51.1 2*si t':%., , . TRATE
'r7S-INi.G FINE"THIS CAUSE came fo th.• •agi : e for • bli hearing upon the Petitioner's
Motion for Imposition of Fi •. ..-^'. "! t - - Sp cial Magistrate, having heard
argument respective to all ap rop •
m. ` is in 'rigs of Fact and Order of the
Special Magistrate,as follows: ~� �1
FINDINGS OF CT ,,3
1. On January 14, 2011, R pn t was found guilty • •�ion of Collier Land Development
Code 04-41,as amended,Seed: ! I2.06(B)(1) a • itted shed and unpermitted garage
partition walls,which violation cy -Rn 'a orated at 2140 48th Street SW,Naples,
FL,Folio#36113960001. —!
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before February 14, 2011, or a fine of $100.00 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 4647 PG 3141).
3. Operational costs of$112.47 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 07-44 has been timely filed.
6. The violation has not been abated as of the date of the bearing.
ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162,
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OR 4679 PG 2422 9/9/2014 16.A.34.
Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$100.00 per day are assessed against Respondent for 18 days for the period from
February 15,2011 to March 4,2011 for a total amount of fines of$1,800.00.
C. Respondent shall pay the previously assessed operational costs of$112.47.
D. Respondents are ordered to pay fines and costs in the total amount of$1,912.47 or be subject to
Notice of Assessment of Lien against all properties owned by Respondents in Collier County,
Florida.
E. The daily fine of$100.00 shall continue to accrue until abatement has been confirmed by a
Collier County Code Enforcement Investigator.
DONE AND ORDERED this .r,& d€ 2011 at Collier County,Florida.
► •._,•tir _• •sDEENFORCEMENT
4110*4 .04.0
BRENDA C. '. rir
ClIkC
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,fax#(239)252-
2343. 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 RIGHTS: 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.
cc: Respondent(s)—Eduardo Gonzales •
Collier Co.Code Enforcement Dept.
01 "L':KILO%
.Otintjs'Ot CrQl..l4E.K_.,,
} tiERE9 GkRTIFY•TAi jhta is a true ani
:oren .COftyOt iQ nle4 on tits in
Board tyl$9u1s0Cfn4oiseoi.Collior
County
�VttTN rt fiti►' a .� t seal this
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*** OR 4679 PG 2423 *** 9/9/2014 16.A.34.
Search Results Page 1 of 1
Collier County Tax Collector
3301 Tamiami Trail East
Naples, FL 34112-4997
2010 Tax Roll Inquiry System
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OWNER INFORMATION PROPERTY INFORMATION
Name: GONZALES.EDUARDO Parcel: 36113960001 Acre: .23
Address: 5138 HEMINGWAY CM APT 3102 Loy. 2140 48TH ST SW NAPLES (Manl IGIS View)
Address: 1 Legal:I GOLDEN GATE UNIT 4 BLK 122
Address: Legal: LOT 12 OR 1504 PG 549
Address: Legal:
Address: NAPLES,FL 34116-5097 Legal:
VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO
Market Value: 105.852 County:1391.08 Nov:I 150339 Paid Dt: 11/16/2010
Taxable Value: 105,852 School St: MILT 'S:I IMMIg 151925 Reept:13214
Millage Code: 20 School .t lilitiEni 153492 Mach: 30
Homested Ex: 0 all a s :00 IIN Paymt: 1,50359 1
Agrieltr Ex: 0 pepentti•I Mort: 8003I1
Widow Ex: 0 / Wi er: .. • �' STATUS INFO.
Blind Ex: 0 Ind•jyy�_.y ' AI!, ,ca
Disabled:I 0 •227374 rZ*, `L , �?`!J► Non Ad Va: Y �\
Veteran Ex: 0 s , , 1''i. win L, 1t. r'
Installment:f rr d 'N
Wholly Ex; 0 .0 1 Deferred: N
Bankrupt. N
Civilian Ex:10 -I I 7.�0.00 1 TDA: 0
COMMENTS Y ," I
n I
**Non Ad Valorem Amount Include � 'G �.-. '� �
Non . •:u, 1-,t3 ~ orities I
NON AD VALOREM INFORMATION
Type Autb# Autb Name Per Amount
Garbage 9013 Garbage Dist I 173.49
COMM ENTS
*
*Non Ad Valorem Amount Included in Gross Tax
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