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Agenda 09/23/2014 Item #16A16Recommendation to approve the release of a code enforcement lien with an accrued value of $259,082 for payment of $532, in the code enforcement action entitled Board of County Commissioners v. Jesus Jaime and Maria Martinez, Code Enforcement Board Case No. CELU20120008659, relating to property located at 3014 Everglades Boulevard S., 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 $259,082 for payment of $532, in relation to Code Enforcement Board Case No. CELU20120008659. CONSIDERATIONS: As a result of code violations at 3014 Everglades Blvd. S., consisting of unlawful electrical improvements and a buried storage container, the Code Enforcement Board ordered the imposition of a lien against Jesus Jaime and Maria Martinez, in Case No. CELU20120008659. The lien was recorded in the Official Public Records on February 6, 2013, at O.R. Book 4883, Page 2979 and it encumbers all real and personal property owned by Jesus Jaime and Maria Martinez. The lien amount. of $259,082 is based on 518 days of accrued fines, at $500 per day (November 30, 2012 through May 1, 2014), plus operational costs of $82. Following a foreclosure (Case No. 2012 -CA- 0117), an amended Certificate of Title was recorded on April 14, 2014 in favor of Federal National Mortgage Association (FNMA). FNMA then sold the property to the current owner, Barbara Julian, on March 20, 2014. Normally, a new owner has a 30 -day window to address existing violations. This new owner brought the property into compliance on May 1, 2014, approximately 42 days after taking title, after considerable effort and expense. A more detailed explanation of the effort and expense involved in bringing the violations into compliance is contained in the attached hardship letter. 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. The property is in compliance and the new owner has paid $532 to settle this matter and obtain a release of lien. The new owner is requesting a waiver of $258,550 in accrued fines. FISCAL IMPACT: Payment in the amount of $532 has been received, representing $450 in fines and $82 in operational costs. If approved by the Board, accrued fines in the amount of $258,550 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 [ 14- CED- 00914/1107793/11 Packet Page -1459- 9/23/2014 16.A.16. RECOMMENDATION: That the Board of County Commissioners waives accrued fines in the amount of $258,550, accept payment amount of $532, release the lien, and authorize 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 Attachment: 1) Release and Satisfaction of Lien 2) Order Imposing Fine/Lien 3) Hardship letter [ 14 -CED- 00914/1107793/11 Packet Page -1460- 9/23/2014 16.A.16. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.16. Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $259,082 for payment of $532, in the code enforcement action entitled Board of County Commissioners v. Jesus Jaime and Maria Martinez, Code Enforcement Board Case No. CELU20120008659, relating to property located at 3014 Everglades Boulevard S., Collier County, Florida. Meeting Date: 9/9/2014 Prepared By Name: VillarrealRosa Title: Operations Coordinator, Code Enforcement 8/7/2014 3:23:34 PM Approved By Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 8/11/2014 9:39:30 AM Name: WrightJeff Title: Director - Code Enforcement, Code Enforcement Date: 8/13/2014 8:14:35 AM Name: NoellKevin Title: Assistant County Attorney, CAO General Services Date: 8/13/2014 8:34:29 AM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 8/21/2014 10:15:48 AM Name: KlatzkowJeff Title: County Attorney, Date: 8/21/2014 2:55:54 PM Name: IsacksonMark Packet Page -1461- 9/23/2014 16.A.16. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 8/21/2014 3:50:26 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 8/21/2014 6:00:23 PM Name: DurhamTim Title: Executive Manager of Corp Business Ops, Date: 8/25/2014 1:52:01 PM Packet Page -1462- 9/23/2014 16.A.16. 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: Jesus Jaime and Maria Martinez Respondents The lien was recorded on February 6, 2013, in Official Records Book 4883, Page 2979, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty -eight thousand eighty -two dollars and zero cents ($28,082.00), 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 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: Tom Henning, Chairman Packet Page -1463- INSTR 4796862 OR 4883 PG 2979 RECORDED 2/6/2013 3:45 PM 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. JESUS JAIME AND MARIA MARTINEZ, Respondents THIS CAUSE came on for Respondents at which time the Boar and Conclusions of Law and thereur furnished to Respondents and was et. seq. on November 8, 2012 cov Folio 41346400006, more vim the South 150 Feet of Tract the Public Records of Collier Co An Affidavit of Ni December 13,201Z which ordered. L I Ilk,� been filed with the under oath that the CASE NO.: CELU20120008659 9/23/2014 16.A.16. r 25, 2012, after due notice to ce, and issued its Findings of Fact I writing on October 30, 2012, and Florida at OR 4853, PG 1140, :,led lvd. S., Naples, FL 34117, n ier County, State of Florida, in Plat Book 5, Page 27, in Enforcement Official on action has not been taken as Accordingly, it having been Ixought3b t e 'CA*U p ttW Respondents have not complied with the Order bated October 30, 2012, it is hereby ORDERED, that the Respondents, Jesus Jaime and Maria Martinez, pay to Collier County fines in the amount of 528,000.00 (Order Items I & 2) at rate of $500/day for the period of November 30, 2012 through January 24, 2013 (56 days), plus the operational costs of S82 .00, for a total of 528,082.00. IT IS FURTHER ORDERED that the fines shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day ofi,)Q!:�., 2013 at Collier County, Florida .:au(ity of dDLUEN i HEKSY CERTiFYT)iAT11 m 18 a'tme aw :greet cagy rr''aro me &a 3aa #�fireites ►tt Recotti alt', oFller NtYMESS ree�t ntT ariO eN# `mil `ttib _Lot—, 7�gMip!#i E. ��R�lt; Ct:ERlt �'�'Hl11P�i . -4J J r'C .':d; s J 2800 Mort$ H10eitioe Drive Naples, FlqjWa 34104 Packet Page -1464- * ** OR 4883 PG 2980 * ** 9/23/2014 16.A.16. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me day of 20I3, by Robert Kaufman, Chair of the Code Enforcement Board of Collies Canty, Florid who is personally brown to me or V who has produced a Florida Driver's Licens -"as id "`nterni m L g� TAR PUBLIC�� , , `.. r_x— \ MY u My commission expires• Baded't��r�, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by Lk S. Mail to Jesus Jaime and Maria Martinez, 3014 Everglades Blvd. 34117 this �— day of r jV11k0K( 2013. M. J Florida ar oa No. Q311 No. e. 210 0�, CO, C Packet Page -1465- 9/23/2014 16.A.16. From: joe 239(a)msn.com To: patrickbaldwin(a-)-colliergov.net Subject: FW: 3014 Everglades Blvd S Property Date: Fri, 16 May 2014 09:39:45 -0400 Please check this out and let me know if I should add or delete anything or where else I should send to. We can also drop off hard copy to anyone you feel we need to. Can't thank you enough for your help From: ioe 239 _msn.com To: ioe 239(a),msn.com Subject: 3014 Everglades Blvd S Property Date: Fri, 16 May 2014 09:30:26 -0400 To Whom It May Concern: I purchased the property at 3014 Everglades Blvd. South on March 12th 2014. 1 was aware of the fines imposed on this property before the purchase. Before I closed on this property I contacted code enforcement as well as going to office in person to see what was required to have fines removed from property. I understood that there was a 30 day time frame from purchase to be in compliance. I applied for the permit to correct the problems at the above property on March 14th 2014. The permitting department would not issue the permit until it was recorded on March 20th 2014 even though I had deed in hand it had to be recorded before they could approve. The approval date on permit is March 21 st 2014.1 lost 7 days waiting for this process that was out of my control. The house on the property was not in very bad condition but the property was. The codes enforcement issues for the property was a 40 foot container buried in the back yard as well as electrical modifications. The house needed kitchen repairs, window repairs, and entry door repairs. I immediately started making improvements to property upon taking ownership. I had to wait on permits to start code enforcement violations. I had the property brush cleared and yard mowed at a cost of $750.00. 1 had the house painted inside and out for the cost of $3500.00. The container was removed on March 23rd at the cost of this was way over expected price. The container was severely lodged in the ground after all the years that it was buried the ground was severely compacted. After the container was removed clean fill dirt was placed in the hole the cost of this added up to $5200.00 The electrical repair. the electrical repair was scheduled immediately after permit was issued the cost of this was $1950.00. This violation was completed and passed inspection on March 28th 2014. there were other cost involved as well for cleaning all the debris scattered throughout the property all the trash was collected and disposed of properly the cost on debris cleanup was $1500.00. The repairs to the door, kitchen, missing light fixtures, missing smoke detectors, missing outside fixtures, and other miscellaneous repairs exceeded $9000.00. All of the code violations were actually in compliance March 28th 2014 only 7 days after approval for permit. I have been in continuous contact with code violation officer assigned to my case letting him know where I was at with compliance issues. I have been working nonstop on this property improving the condition. I did have all violations Packet Page -1466- 9/23/2014 16.A.16. in compliance well ahead of the 30 day deadline but I was unable to get final building until May 1st. The reason it took until the first it because of getting everything ordered and completed to pass final building. I have over extended my budget on my home and asking that there not be a $6000.00 fine placed against me on this property. Thank You Barbara Julian 3014 Everglades Blvd. S Naples, Fl. 34117 Packet Page -1467-