Agenda 10/08/2013 Item #16A 4 10/8/2013 16.A.4.
EXECUTIVE SUMMARY.
Recommendation to approve the release of two code enforcement liens in the combined amount of
$703,650 for payment of $625.71, in the Code Enforcement Actions entitled Board of County
Commissioners vs. Linnette Barrett, Code Enforcement Case Numbers CELU20080016064 and
CEPM20080015499, relating to property located at 4408 18 Place SW, Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release two
code enforcement liens with a combined accrued value of$703,650, for payment of$625.71, in
relation to Code Enforcement Board case numbers CELU20080016064 and CEPM20080015499.
CONSIDERATIONS: As a result of code violations at 4408 18th Place SW, the Code
Enforcement Board ordered the imposition of a lien against Linnette Barrett, in Code
Enforcement Case Number CELU20080016064. The lien was recorded in the Official Public
Records on July 1, 2009, at O.R. Book 4470, Page 1715, and encumbers all real property owned
by Linnette Barrett. The fine amount of $309,400 is based on accrued fines for the non-
compliance period of 1,547 days at $200 per day pertaining to a single family home converted to
multi-family unit in a single family zoned area. A Warranty Deed was recorded to Heritage
Group Lending, LLC on April 9, 2013. The property was brought into compliance on August
19,2013.
As a result of code violations at 4408 18th Place SW, the Code Enforcement Board ordered the
imposition of an additional lien against Linnette Barrett, in Code Enforcement Case Number
CEPM20080015499. The lien was recorded in the Official Public Records on June 3, 2009, at
O.R. Book 4460, Page 2903, and encumbers all real property owned by Linnette Barrett. The
fine amount of$394,250 is based on accrued fines for the non-compliance period of 1,577 days
at $250 per day pertaining to broken windows and damaged fascia. A Warranty Deed was
recorded to Heritage Group Lending, LLC on April 9, 2013. The property was brought into
compliance on August 19, 2013.
Pursuant to the Board of County Commissioner's Resolution 2012-46, when payment of the full
lien amount would impose a severe hardship on the property owner, accrued fines are considered
for waiver as long as the property owner has diligently pursued abatement and compliance has
been achieved. The property is in compliance and an amount of$625.71 has been paid. This
represents $175.71 in operational costs and $450 in fines. The current property owner is
requesting a waiver of over $700,000 in combined accrued fines due to the fact that the fines
would impose a severe financial hardship as stated in a letter attached from Heritage Group
Lending, LLC.
FISCAL IMPACT: Payment of$625.71 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$703,024.29 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
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10/8/2013 16.A.4.
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 waive the fines in the amount of$703,024.29, accept
payment of $625.71 and release the liens, and also authorize the Chairwoman to sign the
attached lien releases.
Prepared By: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Attachments: (1)Lien releases
(2)Hardship letter
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10/8/2013 16.A.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.4.
Item Summary: Recommendation to approve the release of two code enforcement liens
in the combined amount of$703,650 for payment of$625.71, in the Code Enforcement Actions
entitled Board of County Commissioners vs. Linnette Barrett, Code Enforcement Case Numbers
CELU20080016064 and CEPM20080015499, relating to property located at 4408 18 Place SW,
Collier County, Florida.
Meeting Date: 10/8/2013
Prepared By
Name: SerranoMarlene
Title: Manager-Code Enforcement Operations,Code Enforce
8/29/2013 4:42:26 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 9/20/2013 3:10:50 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/25/2013 1:21:18 PM
Name: NoellKevin
Title: Attorney of Record(CAO)
Date: 9/25/2013 1:42:27 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/26/2013 4:39:57 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/26/2013 6:09:06 PM
Name: KlatzkowJeff
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10/8/2013 16.A.4.
Title: County Attorney
Date: 9/27/2013 8:10:00 AM
Name: IsacksonMark
Title:Director-Corp Financial and Mgmt Svs,CMO
Date: 9/27/2013 8:53:48 AM
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This Instrument Prepared By:
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Linnette Barrett,
Respondent
The lien was recorded on July 9, 2009 in Official Records Book 4470, Page 1715, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Six Thousand Two Hundred Eighty Six and Seventy One Cents, plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
GOLDEN GATE UNIT 2 BLK 34 LOT 10
4408 18 Place SW, FL
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 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legality
-7/''")/j/I
Kevin Noell
Assistant County Attorney
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10/8/2013 16.A.4.
This Instrument Prepared By: Ao)
Marlene Serrano
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2487
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:
Linnette Barrett,
Respondent
The lien was recorded on June 10, 2009 in Official Records Book 4460, Page 2903, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Eight Thousand Three Hundred Thirty Nine and No Cents, plus accrued interest
and penalties, if any, and imposes certain obligations against real property situated in
Collier County, Florida, which property is described as follows:
GOLDEN GATE UNIT 2 BLK 34 LOT 10
4408 18 Place SW, FL
Collier County, a political subdivision of the State of Florida, by execution of this Release
7)
and Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels 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 Georgia A. Hiller, Esq.,
Chairwoman
Approved as to form and legality
----77d/V(:(
Kevin NoeII
Assistant County Attorney
41)
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ichardSawicki,
315o Lakeview Drive-'
maples Tlorida 34112
239-774-6069 cnaples @comcast.net'
August 21, 2013
To whom it may concern
Regarding code cases CELU20080016064, CEPM20080015499. My name is Richard Sawicki,
and I am the trustee of a trust that is called"Lending Trust", which is the manager of Heritage
Group Lending LLC, the owner of the property at 4408 18th P1 SW,Naples Florida 34116.
Heritage Group Lending LLC is not a bank or a corporate lending institution of any kind. It is a
privately held limited liability corporation. The name"Heritage Group Lending" is just the name
that I happen to choose for the LLC. It could have just as easily been called"Heritage Group". If
needed, I can provide my Articles of Organization and other documents that I have the authority
to act on the behave of Heritage Group Lending LLC, and that it is not a bank.
I am also a licensed General Contractor, CGC 1506710, and the Manger of Richard Alexander
LLC, the contractor who completed the work at 4408 18th Pl. SW Naples Florida. I am a full
time Naples resident living at 3150 Lakeview Drive,Naples Florida
I bought the property on April 1, 2013. The actual recording of the deed and transfer did not
occur until April 9, 2013.
The property was in total disrepair, the roof was collapsing, it had numerous broken windows,
drywall damage, rat infested,rotting cabinets and woodwork and it was being occupied by
trespassers, living there with no running water in the building. The house had been converted
from a single family into an illegal four family dwelling. The prior owner had built partition
walls and installed kitchenettes. This was part of the Code Enforcement case.
My original intent was to demolish sections of the house that were legally added back in 2003
and remove the illegal partition walls. I applied for a demolition permit on April 16, 2013 and
received the permit on April 25, 2013. Permit#PRBD20130408918. In the process of doing the
demolition I determined that the basic structure of the house was in good condition and could be
saved.
My new plan was to rebuild what was already there. In order for that to occur I had to get
engineered plans together and meet with my architect to determine what was the best course of
action to take. I applied for an alteration permit on June 5, 2013 and received the permit on June
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17, 2013, Permit#PRBD20130613761. I have attached the scope of work that I submitted with
the permit. The house has now been be totally rebuilt. The new house has a new roof, including
new soffit and facia, new electrical service, new plumbing,new cabinets, new doors and trim,
new floor tile, new paint, new landscaping etc.
During the course of the remodel all my cabinets were stolen. I filed a police report,
#13-015618. That happened in July and delayed the project by about 3 weeks. The cabinets
were made- to-order custom cabinets.
I received my Certificate of Occupancy on August 19, 2013. Even with all the obstacles I met
with I have completed the project in under 6 months. That includes the time for applying for 2
building permits, completing all the inspections and getting materials stolen from the job-site.
More than half of the time I was working just off generator power, and had to get water from the
neighbor. FPL would not connect power to the building until I passed my rough electric
inspection. The prior owner was stealing power and had by-passed the meter illegally.
Rather than bulldoze the property, which I strongly considered, and could have easily completed
within the 30 day timeframe from the purchase date. I have built a livable home that will benefit
a future homeowner and the county for years to come. I am asking that the accruing daily fines
be waived. I have paid the hard costs already.
I understand that in order for our community to prosper there have to be penalties for
homeowners who neglect their properties or break the law. Such was the case here. The property
sat vacant for over 5 years. No one was willing to take on the risk of buying this property, with
all of its inherent structural and mechanical problems and on top of that all the fines that would
be associated with properly repairing it. Without there being some understanding by the county,
that if the property is brought back to code compliance, in a timely matter that all accruing daily
fines will be waived. With that said, please do not punish the individuals that are trying to make
this community better. Without the waiver of past fees there is no incentive for anyone to
rehabilitate these properties. In that scenario everyone looses. All of the money that I have
spent on this project has gone back directly to the community. In the form of paying local labor,
professional services and suppliers. Who they in turn spend their money locally as well.
To date, including the purchase price of the house, I have spent$126,780 on the property. I still
have to pay attorneys fees to clear the title. I estimate those costs to be around$2,500. With
insurance, maintenance, property taxes I estimate that my total investment will be around
$135,000. I have taken on a tremendous amount of risk with this project and depending on the
outcome would like to do another.
Respectfully
Richard Sawicki
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