Agenda 10/22/2013 Item #16A 2 10/22/2013 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve the release of lien in the amount of $172,880.29 for payment of
$530.29, in the Code Enforcement Action entitled Board of County Commissioners vs. Marie L.
Gilot, Code Enforcement Case Numbers CESD20080015112, relating to property located at 1707
6th Avenue,Immokalee,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accept an offer to release a
code enforcement lien with an accrued value of$172,880.29 for payment of$530.29, in relation
to Code Enforcement Board case number CESD20080015112.
CONSIDERATIONS: As a result of code violations at 1707 6th Avenue in Immokalee, the
Code Enforcement Board ordered the imposition of a lien against the property owner, Marie L.
Gilot, in Code Enforcement Case Number CESD20080015112. The lien was recorded in the
Official Public Records on September 13, 2010, at O.R. Book 4603, Page 3184, and encumbers
all real property owned by Ms. Gilot. The fine amount of$172,800 is based on accrued fines for
the non-compliance period of 1,152 days at $150 per day pertaining to construction and
remodeling done to the main house and shed without first obtaining Collier County permits. Ms.
Gilot has owned the property since 1988, and has diligently pursued compliance. The property
was brought into compliance by Ms. Gilot on August 20, 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 $530.29 has been paid. This
represents $80.29 in operational costs and $450 in fines. The current property owner is
requesting a waiver of over$172,350 in accrued fines due to the fact that the fines would impose
a severe financial hardship as stated in a letter attached from Ms. Gilot.
FISCAL IMPACT: Payment of$530.29 represents the County's costs and fines. If approved
by the Board, accrued fines in the amount of$172,350 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 has
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 $172,350, accept
payment of$530.29 and release the lien, and also authorize the Chair to sign the attached lien
release.
Prepared by: Marlene Serrano, Operations Manager, Code Enforcement Department, Growth
Management Division, Planning and Regulation.
Packet Page-365-
10/22/2013 16.A.2.
Attachments: (I) Lien release
(2)Hardship letter
Packet Page-366-
10/22/2013 16.A.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.2.
Item Summary: Recommendation to approve the release of lien in the amount of
$172,880.29 for payment of$530.29, in the Code Enforcement Action entitled Board of County
Commissioners vs. Marie L. Gilot, Code Enforcement Case Numbers CESD20080015112, relating
to property located at 1707 6th Avenue, Immokalee, Florida.
Meeting Date: 10/22/2013
Prepared By
Name: SerranoMarlene
Title:Manager-Code Enforcement Operations,Code Enforce
9/9/2013 1:18:53 PM
Approved By
Name: PuigJudy
Title: Operations Analyst,GMD P&R
Date: 9/30/2013 1:49:36 PM
Name: WrightJeff
Title: Assistant County Attorney,County Attorney
Date: 9/30/2013 2:01:31 PM
Name:NoellKevin
Title:Attorney of Record(CAO)
Date: 10/1/2013 8:27:49 AM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 10/1/2013 8:52:51 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/10/2013 2:22:10 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Packet Page-367-
10/22/2013 16.A.2.
Date: 10/11/2013 9:58:03 AM
Name: OchsLeo
Title: County Manager
Date: 10/12/2013 12:51:53 PM
Packet Page-368-
10/22/2013 16.A.2.
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:
Marie L. Gilot,
Respondent
The lien was recorded on September 13, 2010 in Official Records Book 4603, Page
3184, in the Official Records of Collier County, State of Florida. The lien secures the
principal sum of Nine Thousand, Three Hundred and Eighty Dollars and Twenty Nine
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:
SUNNY ACRES BLK 9 UNRECD LOT 2
1707 6TH AVE, 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 NoelI
Assistant County Attorney
Packet Page -369-
C6.. D (�K�Tr nn1 iri0
.
` 10/22/2013 16.A.2.
11.c9ccsi- 20, zo 13 ,
Marie. L. G1C04-
1107 m - (aJ.G, tjAk.
AUG 212013 RC VD
T-1/11144°k a(ee) F L 3/4.I4A
Collin` Cdu4-
J ' cI (D-V QoUri Comrn lSS/6iters
4-1.4
` Co alp I.e.•i-i c rk
My iqa m.e. I s Marie L. Gr'1 /
--r u.)e-A'Ll ---c.) 4-c_ ‘_ctt.L.) Cievir)-ogr. rr-w-tzt` oPe 4-0 c(l_t
IAN el A--4A8 -e_ 1 awe
7 7, Duo, ou --D P •
cc, yn is,T Y 401- .1ct& -4142 Yn • 4)5 ( s ,-(1q
kR a.a.c'-` t i .TWC4e S o�. 1-io A In.Z ..)v74--. Vtt-W e
-c"-VLC4 s/\\/",, \__
CL-A.--vv
'-3-"_-- A Ci\ t A- C>---e-e- \1.01 .) -"\--0 ?' Ca 101* L SC) �►�►c(
---)-N.,\,k.s kattn.., --\-0 uoc 4.0.(2... s.\... Q ary[
4\vt,... -- Act. ..
1 5 n ,4a4 ,/(, 2 i/
Mar Ce .L.
yisi zo 13
Zo
Lik.k i) 4 @:3q) 5 o3 _ a6 clei
i(V)G.r., e..5 1`#- 0 y c,k,c0 , c`-,Y.
1 Packet Page-370-