Agenda 06/12/2018 Item #16A2106/12/2018
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$83,463.33 for payment of $513.33 in the code enforcement action entitled Board of County
Commissioners v. Artur Muszynski, Code Enforcement Board Case No. CESD20160009711
relating to property located at 1172 Parkway Drive, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $83,463.33 for payment of $513.33 in relation to Code Enforcement Board
Case No. CESD20160009711.
CONSIDERATIONS: As a result of code violations, the Code Enforcement Board ordered the
imposition of a lien against Artur Muszynski, in Case No. CESD20160009711 for code violations at 1172
Parkway Drive, consisting of unpermitted electrical, plumbing, mechanical and structural alterations to
support a multi-family use. The lien was recorded in the Official Records on March 6, 2017, at O.R.
Book 5368, Page 3389. The lien amount of $83,463.33 is based on 417 days of accrued fines ($200 per
day from January 27, 2017 through March 19, 2018) $83,400 plus $63.33 in operational costs. The
property was brought into compliance on March 19, 2018.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount 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. Mr. Muszynski unknowingly inherited numerous code
violations when he purchased the subject property. Abating the violations caused considerable time and
significant expense to be incurred by Mr. Muszynski, as outlined in the attached hardship letter. The
additional payment of fines would add to the already financial hardship he has realized in bringing the
property into compliance due to the prior owner’s violations. The property is being activel y maintained
and $513.33 has been paid in settlement of fines. The owner is requesting a waiver of $82,950 in accrued
fines, see attached hardship letter as required. There are no known remaining violations.
FISCAL IMPACT: Payment of $513.33 in settlement of fines has been made, representing $450 in
fines and $63.33 in operational costs. If approved by the Board, accrued fines in the amount of $82,950
would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
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. - KLN
RECOMMENDATION: To waive the fines in the amount of $82,950, accept payment amount of
$513.33, 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: Michael Ossorio, Director, Code Enforcement Division
ATTACHMENT(S)
1. Hardship ltr (PDF)
16.A.21
Packet Pg. 891
06/12/2018
2. Lien (PDF)
3. Release and Satisfaction - KN signed (PDF)
16.A.21
Packet Pg. 892
06/12/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.21
Doc ID: 5603
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $83,463.33 for payment of $513.33 in the code enforcement action entitled Board of
County Commissioners v. Artur Muszynski, Code Enforcement Board Case No. CESD20160009711
relating to property located at 1172 Parkway Drive, Collier County, Florida.
Meeting Date: 06/12/2018
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
05/07/2018 2:41 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
05/07/2018 2:41 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 05/07/2018 4:33 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 05/08/2018 11:19 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/09/2018 8:51 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/09/2018 3:59 PM
Growth Management Department James French Deputy Department Head Review Completed 05/09/2018 9:20 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 06/04/2018 9:00 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/04/2018 9:05 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/04/2018 9:56 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 06/04/2018 10:21 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/05/2018 9:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/12/2018 9:00 AM
16.A.21
Packet Pg. 893
16.A.21.a
Packet Pg. 894 Attachment: Hardship ltr (5603 : Muszynski, Release of Lien)
16.A.21.a
Packet Pg. 895 Attachment: Hardship ltr (5603 : Muszynski, Release of Lien)
16.A.21.a
Packet Pg. 896 Attachment: Hardship ltr (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 897 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 898 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 899 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 900 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 901 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 902 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.b
Packet Pg. 903 Attachment: Lien (5603 : Muszynski, Release of Lien)
16.A.21.c
Packet Pg. 904 Attachment: Release and Satisfaction - KN signed (5603 : Muszynski, Release of Lien)