Agenda 01/08/2019 Item #16A2501/08/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $477,680.29 for
payment of $530.29 in the code enforcement actions entitled Board of County Commissioners v.
Juan Cervantez and Marion Hernandez, Code Enforcement Board Case No. CESD20110002352
relating to property located at 2915 Dimar Ln, 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 $477,680.29 for payment of $530.29 in relation to Code Enforcement Board
Case No. CESD20110002352.
CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the
imposition of a lien against Juan Cervantez and Marion Hernandez, in Case No. CESD20 110002352 for
code violations at 2915 Dimar Ln, consisting of a carport addition and a roof over the mobile home
erected without first obtaining a Collier County building permit. The lien was recorded in the Official
Records on April 11, 2012, at O.R. Book 4784, Page 1744. The lien amount of $477,680.29 is based on
2,388 days of accrued fines ($200 per day from January 26, 2012 through August 9, 2018) $477,600 plus
$80.29 in operational costs. The property was brought into compliance on August 9, 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. In 2011, Mrs. Hernandez’s husband passed away leaving
her emotionally and financially devastated. After Hurricane Irma, the mobile home was uninhabitable.
With help from her church and rural neighborhoods she was relocated and the mobile home has been
demolished. The property is being actively maintained and $530.29 has been paid in settlement of fines.
The owner is requesting a waiver of $477,150 in accrued fines, see attached hardship letter as required.
There are no known violations at this time.
FISCAL IMPACT: Payment of $530.29 in settlement of fines has been made, representing $450 in
fines and $80.29 in operational costs. If approved by the Board, accrued fines in the amount of $477,150
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 $477,150, accept payment amount of
$530.29, 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. Lien Order (PDF)
2. hardship letter (PDF)
3. Release of Lien (PDF)
16.A.25
Packet Pg. 1052
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.25
Doc ID: 7494
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $477,680.29 for payment of $530.29 in the code enforcement actions entitled Board of County
Commissioners v. Juan Cervantez and Marion Hernandez, Code Enforcement Board Case No.
CESD20110002352 relating to property located at 2915 Dimar Ln, Collier County, Florida.
Meeting Date: 01/08/2019
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
12/04/2018 11:02 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
12/04/2018 11:02 AM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 12/04/2018 11:13 AM
Code Enforcement Marlene Serrano Additional Reviewer Completed 12/04/2018 11:49 AM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/04/2018 11:56 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 12/05/2018 8:16 AM
Growth Management Department James C French Deputy Department Head Review Completed 12/05/2018 2:44 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 12/05/2018 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/05/2018 3:00 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/12/2018 3:22 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/13/2018 1:08 PM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 8:24 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 12:07 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.A.25
Packet Pg. 1053
16.A.25.a
Packet Pg. 1054 Attachment: Lien Order (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.a
Packet Pg. 1055 Attachment: Lien Order (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.a
Packet Pg. 1056 Attachment: Lien Order (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.a
Packet Pg. 1057 Attachment: Lien Order (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.a
Packet Pg. 1058 Attachment: Lien Order (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.b
Packet Pg. 1059 Attachment: hardship letter (7494 : Cervantez and Hernandez, Release of Lien)
16.A.25.c
Packet Pg. 1060 Attachment: Release of Lien (7494 : Cervantez and Hernandez, Release of Lien)