Agenda 10/22/2013 Item #16A 1 10/22/2013 16.A.1 .
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $67,312.56 for payment of
$1,512.56, in the Code Enforcement Action entitled Board of County Commissioners vs. Emilio and
Emma Hernandez, Code Enforcement Case Number CEPM20110013543, relating to property
located at 406 12th Street SE,Immokalee,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release the code
enforcement lien with an accrued value of $67,312.56 for payment of $1,512.56, in relation to Code
Enforcement Board case number CEPM20110013543.
CONSIDERATIONS: As a result of code violations at 406 12th Street SE in Immokalee, the Code
Enforcement Board ordered the imposition of a lien against Emilio and Emma Hernandez, in Code
Enforcement Case Number CEPM20110013543. The lien was recorded in the Official Public Records on
January 23, 2013, at O.R. Book 4878, Page 2046, and encumbers all real property owned by Emilio and
Emma Hernandez. The fine amount of$66,250 is based on accrued fines for the non-compliance period
of 265 days at $250 per day pertaining to a mobile home in a poor state of repair(interior and exterior of
the home badly damaged by fire, broken windows and doors, and interior of the structure open to the
elements. Emilio and Emma Fernandez have owned this property since the mid-1980s. The property was
brought into compliance by the County on November 1, 2012.
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 $1,512.56 has been paid. This represents $112.56 in
operational costs, $950 in abatement cost and $450 in fines. The current property owner is requesting a
waiver of over $65,800 in combined accrued fines due to the fact that the fines would impose a severe
financial hardship as stated in a letter attached from Emma Hernandez.
FISCAL IMPACT: Payment of$1,512.56 represents the County's costs and partial fines. If approved
by the Board, accrued fines in the amount of$65,800 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 waive the fines in the amount of$65,800, accept payment of
$1,512.56 and release the lien, and also authorize the Chairwoman to sign the attached lien release.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division,Planning and Regulation.
Attachments: (1)Lien release
(2)Hardship letter
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10/22/2013 16.A.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.1.
Item Summary: Recommendation to approve the release of lien in the amount of
$67,312.56 for payment of$1,512.56, in the Code Enforcement Action entitled Board of County
Commissioners vs. Emilio and Emma Hernandez, Code Enforcement Case Number
CEPM20110013543, relating to property located at 406 12th Street SE, Immokalee, Florida.
Meeting Date: 10/22/2013
Prepared By
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforce
8/29/2013 5:03:08 PM
Approved By
Name: WrightJeff
Title:Assistant County Attorney,County Attorney
Date: 10/2/2013 9:50:02 PM
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 10/3/2013 9:41:21 AM
Name:NoellKevin
Title:Attorney of Record(CAO)
Date: 10/3/2013 10:02:55 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/9/2013 1:30:59 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/10/2013 2:58:03 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
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10/22/2013 16.A.1.
Date: 10/11/2013 11:19:34 AM
Name: OchsLeo
Title: County Manager
Date: 10/14/2013 10:23:53 AM
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10/22/2013 16.A.1 .
Emilio and Emma Hernandez
406 13th St. SE
Immokalee, Fl. 34142
Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, Fl 34104 AUG 29 2013 RCU
Attention: Marlene Serrano
Dear Mrs. Serrano,
Through this letter I am humbly asking the Collier County Board of County Commissioners to waive all
fines associated with my lot located at 406 13th street S.E.in Immokalee, Fl. In hopes of settling this
issue, I am enclosing full payment for the abatement of the burnt mobile home that was located on my
lot along with the mowing expenses incurred by the county and the administrative fee required to settle
this matter. The total amount enclosed being$1,779.36.
I am also writing this letter to explain the circumstances surrounding this abatement. My husband and I
owned a mobile home which we rented out for additional income,as we both were on a fixed income.
Our tenant at the time got into a disagreement with another party and consequently, based on the fire
marshals report,there was a suspicious fire that destroyed the mobile home. During the same time
frame my husband Emilio became sick and consequently passed away.This left me dependent upon
family to try and help me clean up the debris that was still on the lot. My nephew did remove a large
portion of the debris on his off time,but did not complete the job. Once the county completed the
abatement of the balance of the debris, I continued to have the property mowed and thought the case
was closed.
In addition to my hardship,with the passing of my husband and the loss of the additional income from
the rental, I had no money to complete the abatement and through a language barrier as well,did not
realize the impact of this problem until recently. As you know the associated fines attached to my lot
exceed$66,000 and the approximate value of my lot is only$6,000.
I am again humbly coming to the board on behalf of myself and my late husband with my full apology
and payment for the cleanup of my lot and am asking the board to waive their fees and remove the lien
attached to my property.
Respectfully,
Emma Hernandez
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10/22/2013 16.A.1.
This Instrument By:
Prepared B
p Y
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:
Emilio and Emma Hernandez,
Respondents
The lien was recorded on January 23, 2013 in Official Records Book 4878, Page 2046,
in the Official Records of Collier County, State of Florida. The lien secures the principal
sum of Sixty Seven Thousand, Three Hundred and Twelve Dollars and Fifty Six 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:
PEARCE SUBD BLK 2 LOT 27 & N % LOT 26
406 12th Street SE, 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
Kevin Noell
Assistant County Attorney
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