Loading...
Agenda 11/13/2018 Item #16A1711/13/2018 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a value of $17,000.10 for payment of $2,000 in the code enforcement actions entitled Board of County Commissioners v. William and Laura Mara, Code Enforcement Board Case No. CESD20080004753 relating to property located at 4550 Boabadilla Street, 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 $17,000.10 for payment of $2,000 in relation to Code Enforcement Board Case No. CESD20080004753. CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the imposition of a lien against William and Laura Mara, in Case No. CESD20080004753 for code violations at 4550 Boabadilla Street, consisting of a screened lanai converted into a living area without first obtaining required Collier County building permits, inspections and Certificate of Occupancy. The lien was recorded in the Official Records on February 4, 2009, at O.R. Book 4425, Page 0528. The lien amount of $17,000.10 is based on 85 days of accrued fines ($200 per day from November 21, 2008 through February 12, 2009) $17,000 plus .10 in operational costs. The property was brought into compliance on February 12, 2009. 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. In 2008, Mr. & Mrs. Mara’s tenant enclosed the lanai without knowledge or consent. Mr. Mara is disabled and his wife suffered a stroke so they were unable to complete the work on their own; which took more time and money. They evicted the tenant, and brought the property back into compliance after following the correct procedures. The property is being actively maintained and $2,000 has been paid in settlement of fines. The owner is requesting a waiver of $15,000.10 in accrued fines, see attached hardship letter as required. There are no known violations at this time. FISCAL IMPACT: Payment of $2,000 in settlement of fines has been made, representing $1,999.90 in fines and .10 in operational costs. If approved by the Board, accrued fines in the amount of $15,000.10 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. - KN RECOMMENDATION: To waive the fines in the amount of $15,000.10, accept payment amount of $2,000, 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 16.A.17 Packet Pg. 724 11/13/2018 ATTACHMENT(S) 1. Hardship ltr (PDF) 2. Lien Orders (PDF) 3. Corrected Release and Satisfaction - KN signed(1) (PDF) 16.A.17 Packet Pg. 725 11/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.17 Doc ID: 6793 Item Summary: Recommendation to approve the release of a code enforcement lien with a value of $17,000.10 for payment of $2,000 in the code enforcement actions entitled Board of County Commissioners v. William and Laura Mara, Code Enforcement Board Case No. CESD20080004753 relating to property located at 4550 Boabadilla Street, Collier County, Florida. Meeting Date: 11/13/2018 Prepared by: Title: Administrative Assistant – Code Enforcement Name: Nancy CardinaleLower 09/19/2018 12:19 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 09/19/2018 12:19 PM Approved By: Review: Code Enforcement Marlene Serrano Additional Reviewer Completed 09/19/2018 1:09 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 09/19/2018 1:41 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 09/19/2018 2:27 PM Growth Management Department James C French Deputy Department Head Review Completed 09/20/2018 1:20 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 09/24/2018 10:40 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 10/10/2018 9:11 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/10/2018 10:12 AM County Attorney's Office Emily Pepin CAO Preview Completed 10/10/2018 10:22 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/10/2018 4:39 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 10/19/2018 10:39 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 10/31/2018 10:59 AM Board of County Commissioners MaryJo Brock Meeting Pending 11/13/2018 9:00 AM 16.A.17 Packet Pg. 726 16.A.17.a Packet Pg. 727 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.a Packet Pg. 728 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.a Packet Pg. 729 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.a Packet Pg. 730 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.a Packet Pg. 731 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.a Packet Pg. 732 Attachment: Hardship ltr (6793 : Mara, Release of Lien) 16.A.17.b Packet Pg. 733 Attachment: Lien Orders (6793 : Mara, Release of Lien) 16.A.17.b Packet Pg. 734 Attachment: Lien Orders (6793 : Mara, Release of Lien) 16.A.17.b Packet Pg. 735 Attachment: Lien Orders (6793 : Mara, Release of Lien) 16.A.17.b Packet Pg. 736 Attachment: Lien Orders (6793 : Mara, Release of Lien) 16.A.17.b Packet Pg. 737 Attachment: Lien Orders (6793 : Mara, Release of Lien) 16.A.17.c Packet Pg. 738 Attachment: Corrected Release and Satisfaction - KN signed(1) (6793 : Mara, Release of Lien)