Agenda 09/23/2014 Item #16A239/23/2014 16.A.23.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a net accrued value of
$179,316.44, for payment of $531.15, in the code enforcement action entitled Board of County
Commissioners v. Jennifer Carolyn Samuels, Code Enforcement Board Case No.
CESD20090000661, relating to property located at 432014th St. NE, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with a net accrued value of $179,316.44, for payment of $531.15, in
relation to Code Enforcement Board Case No. CESD20090000661.
CONSIDERATIONS: As a result of a code violation at 4320 14t' St. NE, consisting of
canceled permits for a single family home and a guesthouse, the Code Enforcement Board
ordered the imposition of a lien against Jennifer Carolyn Samuels in Case No.
CESD20090000661. The lien was recorded in the Official Public Records on December 8, 2011,
at O.R. Book 4744, Page 1221, and it encumbers all real and personal property owned by
Jennifer Carolyn Samuels. The net lien amount of $179,316.44 is based on 988 days of accrued
fines (October 25, 2011 through July 8, 2014) at $200 per day, plus $81.15 in operational costs,
less $18,364.71 in payments received as a result of a tax deed sale on the property.
Ave Maria Real Estate & Home Services acquired the property via tax deed, which was recorded
in the Official Public Records on September 25, 2013. There was a great deal of time and costs
associated in bringing this property into compliance, as evidenced by the attached hardship
letters from Mr. James Bohrer, agent for the owner. After considerable effort, and over $195,000
in total expenditures, the property was brought into compliance by the new owner on July 8,
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 would be considered for a waiver as long as the
existing owner has diligently pursued abatement and compliance has been achieved. The new
owner has been actively maintaining the property, and has paid $531.15 in fines to settle this
matter. The new owner, through Mr. Bohrer, is requesting waiver of $178,785.29 in accrued
fines.
FISCAL IMPACT: Payment of $531.15 in accrued fines has been made. If approved by the
Board, accrued fines in the amount of $178,785.29 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
[ I 4-CED-00928/1111162/11
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RECOMMENDATION: That the Board of County Commissioners waive the fines in the
amount of $178,785.29, accept payment in the amount of $531.15, 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
Attachment: 1) Release and Satisfaction of Lien
2) Lien Order
3) Hardship Letters
(14 -CED- 00928/1 1 1 1 162/1
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9/23/2014 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
a net accrued value of $179,316.44, for payment of $531.15, in the code enforcement action
entitled Board of County Commissioners v. Jennifer Carolyn Samuels, Code Enforcement Board
Case No. CESD20090000661, relating to property located at 4320 14th St. NE, Collier County,
Florida.
Meeting Date: 9/23/2014
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
8/25/2014 10:07:25 AM
Approved By
Name: PuigJudy
Title: Operations Analyst, Community Development & Environmental Services
Date: 8/26/2014 11:45:47 AM
Name: WrightJeff
Title: Director - Code Enforcement, Code Enforcement
Date: 8/27/2014 8:16:44 AM
Name: NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 8/27/2014 8:54:15 AM
Name: MarcellaJeanne
Title: Executive Secretary, Transportation Planning
Date: 9/8/2014 8:55:37 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management
Date: 9/8/2014 9:14:50 AM
Name: IsacksonMark
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9/23/2014 16.A.23.
Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget
Date: 9/9/2014 9:01:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/10/2014 2:51:13 PM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 9/12/2014 7:54:59 AM
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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:
Jennifer Carolyn Samuels
Respondent
The lien was recorded on December 8, 2011, in Official Records Book 4744, Page 1221, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of five
thousand eighty -one dollars and fifteen cents ($5,081.15), 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:
Deputy Clerk Tom Henning, Chairman
Approved as to form and legality
Kevin Noell
Assistant County Attorney
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INSTR 4635273 OR 4744 PG 1221 RECORDED 12/8/2011 3:39 PM PAGES 2
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,
VS.
JENNIFER CAROLYN SAMUELS,
Respondent
CESD20090000661
ORDER IMPOSING FINEILIEN
9/23/2014 16.A.23.
THIS CAUSE came on for public hearing bef on August 25, 2011, after due notice to
Respondent at which time the Board heard testi y t}1 evidence, and issued its Findings orFact
and Conclusions of Law and thereupon issta� a to writing on August 29,20 10 and
furnished to Respondent and was recordecrblic Records of Co ' ty, Florida at OR 4718, PG 2032,
et. seq. on September 13, 2011.
An Affidavit of Non- Compii�
Affidavit certified under oath that thet'i
Accordingly, it having beenit
Order dated August 29, 2011, it is here
ORDERED, that the Respond
$5,000 (Order items 14, 2) at a rate of
days), plus operational costs of $81.15
(_j
IT IS FURTHER ORDERED that
comes into compliance or until Judgment is
Florida Statutes.
the Board by
er Carolyn Sa
for the period
of $5,081.15,
Enforcement Official, which
ordered,
has not complied with the
�,
��ounty fines in the amount of
1X through November 18, 2011(25
ti�
shall continue to accrue until Respondent
. on a lien filed pursuant to Section 162.09
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review orthe record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ZZ U day of k,,DW . , 2011 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
�:8ty u; FLj:KtuA BY:
;OUnty Ot COLLIhR Kenneth Ke y, air
2800 North Horseshoe Drive
� Naples, Florida 34104
! HERt41�5P,T1P, ;HAT this Is a true Ono
:orre� ectty -ct e;+3 Mc nent nn file to
Soar 't fi t ttts;6t Recoras of Cfli'Iler Count}
`VITS$ :my n�siuCatta Dffici�I seal this
wt'Gay: at�¢cr
alh'I ;E I RM GLERit OF COURTS
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* ** OR 4744 PG 1222 **'*
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
9/23/2014 16.A.23.
rD
The foregoing instrument vas acknowledged before me this � day of Qoj o E (,
2011, Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is
personally known to me or who has produced a Florida Driver's License as identification.
l
KRISTWE 7WENTE
NOTARY PUBLIC
+t' s Notary ft0c - Suit at Florida My commission expires:
My Comm. Expires Jun 18. 2015
W Tbroaafon ,io EE 87272 ERTIFICATE OF SERVICE
DOIbeQ �ouph NrtioN1 Nohry Assn.
I HEREBY CERTIFY that a true and correct cop of this ORDER has been sent b U. S. Mail to Jennifer
Carolyn Samuels, 4836 N.W. 91" Terrace, �s day of , 2011.
M. Jean" vrson,
! ride Bar No. 750331
f i 3 o atniami "i'jaiI. See. 208
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,.. From: James Bohrer [ mailto:jamesbohrer @hotmaii.com]
Sent* Monday, July 21, 2014 3:38 PM
To: SerranoMarlene
Cc: Wrightleff; BurgosIliana; VillanealRosa; NoellKevin
Subject: RE: Ave Maria Real Estate v. Samuels et al 13-CA -2924
Marlene,
You asked for a statement from me explaining why it was impossible to abate the violation
within one month of ownership together with before and after pictures. I will answer this by
giving a timeline showing our constant activity and the delays that took place beyond our
control so that you can see that it was impossible to abate the violation any sooner than it was
abated.
1. We purchased the property at tax deed sale auction on Sept 24th, 2013 after speaking with
Illiana Burgos in code enforcement about the Resolution 2012 -46, reviewing the Resolution and
also speaking with and receiving instructions from Illiana about what to do to further waive the
violation in the event that we are unable practically to obtain abatement within the first month.
2. Immediately after receiving the Tax Deed we hired lawn maintenance to begin knocking
down the weeds, contacted the original General Contractor to see if he had the original plans
and would come out to help, contacted the building dept. and went in person to meet with
--' Jonathan Walsh and Renald Paul to find out what we needed to activate the permits. The GC
came out to the property, gave us a copy of the plans and later agreed to be the GC once again
on the permit extension. In order to extend the permits by affidavit Jonathan Walsh required
that we hire an engineer to inspect the property and give a report taking responsibility for the
structure.
3. The engineer we found, Harvey Strauss, inspected the property and then required, along with
Jonathan, that we obtain inspection reports and signatures from mechanical, plumbing and
electrical contractors.
All of this, #s 2 and 3, were required to take place along with another meeting with Jonathan
Walsh with the statements, plans, and drawings of any modifications and extension of the
permits before we could do any work to the property -- besides cut the weeds.
This took us until the end of November. We had to schedule appointments for meetings for
each of the contractors, the GC, the engineer and the building dept. and follow up meetings
after inspections. We also had to wait for the engineer to make a written statement.
4. After the permits were extended we had to do many things to the property. 1. no septic
system. 2. No electric from the pole to the house. We needed to change the box on the
outside of the main house and move the main panel on the inside of the main house. 3. No
cabinets; no finish plumbing anywhere in the two houses; no water well and plumbing from the
water well to the two houses and drains from the two houses to the future septic. 4. no Air
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Handlers and condensers. S. Flooring needed to be replaced completely in the guest house. 6.
All three roofs had heavy paper which needed to be torn off and replaced and new roofs put
on. The car port needed tear down and trusses. 7. The culvert ends were not finished although
there was a culvert pipe. A right of way permit needed to be obtained and concrete needed to
be poured exact to county specifications. 8. The 2.73 acre lot needed to be graded to county
specification, all exotic trees removed (there were many) and the driveway needed to be
finished. Lot drainage needed to be worked in before landscape. The main house courtyard
needed extra drainage. To solve this we ran two 4" pipes under the flooring through the
concrete walls and trenched to the side of the house with gravel. We also re -dug the trench for
the floor drain. 9. Landscaping was also necessary before inspection. Two houses and a car
port on 2.73 acres required a lot of sod and landscaping. 10. Both houses needed hurricane
shutters on all windows and doors, holes drilled, shutters fabricated, installed and inspected.
11. A lot of dry wall work changing wails repairing walls, finishing and painting. All of the
above items and more needed to be completed before inspections.
Time Liner
Septic: End of November septic contractor paid and we were put on a schedule. The soonest
we could have the septic system installed after permitting, health dept. inspections, creation of
drawings was 1/20/14.
Electric: There was no electricity on the property. The electric company, LCEC, delayed us for
two months due to their scheduling. They gave us the worst delay of the project. The
electrician moved the panels and installed the new outside box in December. When the septic
was being installed the main electric supply from the main house to the guest house was torn
out. It took us some time to trench replace it after the septic was installed. Final electric would
not be finished until just before inspections in June 2014 due to waiting for cabinetry and
plumbing fixture finish. Electric work was ongoing.
Roof: This was the most expensive. The roof contractor was contacted in December (others
were contacted beforehand but could not agree on a price). Roof work was started in
December (tear down and new underlayment); but the actual finish roofs were not started until
February due to wait for ordered materials and scheduling. Also, the car port roof needed to be
torn down and re- trussed by the carpenter before it could be finished. The car port roof
needed an extra permit due to the truss drawing approval. The roofs were begun in Jan 2014,
the car port roof begun after permitting in February and finished (trusses and plywood) March
and final roof finished in April.
Kitchens, bathrooms, plumbing, cabinetry: The cabinetry was the second most expensive. For
two houses having 3 1/2 bathrooms and two kitchens. We needed to lay out the two kitchens
and find a way to include a washer and dryer in the main house kitchen. Jonathan Walsh after
speaking with his inspectors advised that we include the washer and dryer in the cabinetry in
the center of the room since due to poor wail and plumbing design of the original plans we
could not use the same drain as the kitchen sink drain on the outside wall. This required a
special type of washer and dryer (Asko, cabinet sized) and installation which took time to find,
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order, plan, design and install. We also needed to have the carpenter make a corner wall and
change the center wall. The electrician had to move the main panel. The whole of this project
including counter tops, cabinets in both house kitchens, bathrooms begun in December 2013
and did not finish until May 2014. During this time we had to solve many plumbing problems
requiring trenches through concrete. The cabinets were ordered from Lowes and required
three weeks for delivery. The counter -tops could not be ordered until after the cabinets were
all installed because they needed to be measured. Rock Solid installed the countertops and
took several weeks to measure and deliver. We also needed to install a large tempered glass
wall for the master bath sandblasted on one side for privacy (also due to the floor design). This
took some time to be ordered, finished, delivered and installed.
A/C system and water well system: The A/C and the water well contractors did not delay us.
But, we did not want them to be a possible theft hazard. So, we waited until towards the end.
Culvert ends, Driveway, grading, final grading and landscaping: We had three grading hirings at
different stages. The driveway was asphalted. But, it could not be done until the culvert ends
were poured. But, we had to wait for the county permits and inspection before pouring the
concrete. Each of these phases took a week to schedule and finish and each had to be finished
before another could be started. The graders also removed the exotic vegetation. There was a
very large Earleaf Acacia between the guest house and the drive. It had to be removed
(uprooted) before the driveway could be finished. Landscaping had to be last and it was also
done in two or three phases. This is because it had to wait for grading, the driveway and
drainage to be finished. Scheduling and waiting for each phase was also necessary. All of the
above was started in February (after the septic was finished) and not completed until just
before the inspections in June 2014. These things could not be done sooner. And it did not
make sense to call inspections until after they were finished.
It is possible to include more detail since there are still thousands of more details not written in
the above paragraphs. 'I am including before and after pictures and pictures taken at various
phases in this and in some following emails.
James Bohrer
Ave Maria Real Estate
5923 Constitution Street
Ave Maria, FL 34142
239 -451 -0434 cell
800 -317 -1491 fax
James .AveMariaBlvd.com
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From: James Bohrer [ mailto :iamesbohrer(abhotmaii.coml
Sent: Wednesday, August 13, 2014 3:37 PM
To: WrightJeff
Cc: SerranoMarlene; VillarrealRosa; BurgosIliana
Subject: RE: 4320 14th St NE RE: Ave Maria Real Estate v. Samuels et al 13 -CA -2924, before during and
after photos
Dear Jeff Wright,
Illiana informed me two days ago that you would accept 10% (close to $3000.00) as a
settlement. I am writing this email to further explain why i would like you to reduce the
amount to only the $450.00 fee. I request that you do so for the following important reasons:
1. 1 communicated with your office before even buying the property to find out if this complete
reduction of the fine would be possible. The response I received before even buying the
property at the tax collector's auction was that it would be possible since your office knows that
it is unrealistic for a new owner of an abandoned property, especially one only half constructed
and needing new drawings, modifications, engineer approval, permitting department's
approval of the engineer and modifications, etc. I needed to know that even before bidding on
the property. And, I was told that I would be able to ask for the minimum of paying only the
administration charges of $450.00 if I were to work diligently and produce pictures and
communicate the process of abatement since the beginning. 1 did this.
2. 1 worked solely on the abatement since the beginning and did not let the property sit for
even one day. In other words, all of the time that was taken to complete the abatement
project for the county was the soonest that it could be done. So, there was no time that I let
things go or ignored the existing violation. The property really did have 6 -7 months of work to
achieve just the abatement. in fact, it had at least a year's amount of work. Please refer to the
pictures and time frame in my previous emails for proof.
3. I have financial hardship since it turned out that to date I have spent $195,222.00 in actual
cash on the property. This its twice as much as I expected in order to abate the public nuisance
for the county and to bring this property into a condition that a new resident would be
interested in having as a home. My cash reserves are low. I do not have loan resources. So,
$3000.00 is hard for me to pay, especially now after having to use all financial resources to pass
inspections and get the certificate of occupancy. I could provide proof of the amount.
4. 1 cooperated with the county to accomplish this task not only for myself as an investor, but
also for the county to rid itself of a nuisance, for the neighborhood to rid them of a nuisance
and for new future home owners who would call this place their home. This brings revenue
and personal resources to the county by way of the new residents paying their taxes and living
and likely working in the area. Without my cooperation these half built buildings would have
continued to be a nuisance and even discourage development since the floor plans were
unusual and no investor was likely to buy it and tear the buildings down because this also
would cost much more than the lot was worth.
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5. What I did was valuable to the county, because what I did I was unique and necessary in
this cooperation stated above. I say that because I am a small investor who had the ability and
experience for the project. This is a fact because it was only likely that only a small investor
would purchase and cooperate with the county, because larger investors look for more
standard projects that do not require a lot of their participation in order to earn a profit. This
project was not standard and required much material involvement to change it from an unusual
floor plan and building structure to something with less obsolescence and more usability. This
took constant planning, research and, sometimes, redoing and spending money twice to obtain
success.
6. The $18,000.00 that the tax collector passed on to your office is 35 %. So, this is actually
more than the 10 %. So, I am not actually asking for a total reduction as a settlement. I paid the
tax collector $23,000.00, from which they passed $18,000.00 on to you. This is something they
would not have done if an investor was not willing to look at this property. And, it is true, other
investors in the room did not want the property. Some thought they would have to tear the
buildings down. I was willing to pay $23,000.00 to rid the county of a tax problem and begin a
cooperation with your department and the building and planning dept.
7. The county should reward and not penalize a small investor that helps using their own
cash. Again, as mentioned above, I helped the county where other investors would not. And, if
there are others like myself how does it help the county to discourage them with further
penalties when the county has hundreds and perhaps thousands of properties in violation of
code enforcement and buried in amounts of fees that would scare not only the current owner
but any investor away? I did the research to find out how I could work with the county and
proceeded with your word that you would cooperate with me and take away all fees if I did. Do
you not want me to have a good experience so that I may feel positive about the possibility of
helping the county again if a similar circumstance may present itself in the future?
So, I ask, for the above reasons and more that I have not written, that the fine may be reduced
completely. Again, I may be able to pay the $450.00 fee. I agreed to do this in the beginning.
Thanks,
James Bohrer
Ave Maria Real Estate
5923 Constitution Street
Ave Maria, FL 34142
239 - 451 -0434 cell
800 -317 -1491 fax
James( AveMariiaBlvd.com
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