Agenda 02/12/2019 Item #16A1202/12/2019
EXECUTIVE SUMMARY
Recommendation to approve the release of code enforcement liens with a value of $719,202.05 for
payment of $9,631.29 in the code enforcement actions entitled Board of County Commissioners v.
Terry Dilozir, Code Enforcement Board Case Nos. CENA20120018018, CEPM20130004774,
CENA20130012648, CEPM20130018213, CENA20130018218, CESD20130018223,
CENA20130019701, and CENA20140009060 relating to property located at 5322 Catts Street,
Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release eight code
enforcement liens, with an accrued value of $719,202.05, for payment of $9,631.29 in relation to Code
Enforcement Board Case Nos. CENA20120018018, CEPM20130004774, CENA20130012648,
CEPM20130018213, CENA20130018218, CESD20130018223, CENA20130019701, and
CENA20140009060.
CONSIDERATIONS: As a result of code violations at 5322 Catts Street, consisting of grass/weeds in
excess of 18 inches in height, unsecured property and pool with green stagnant water, rep eat violation of
unmaintained pool, litter and an unpermitted structure, eight liens were imposed on the property.
The lien in Case No. CENA20120018018, for weeds and grass in excess of 18 inches, was recorded in the
Official Records on October 18, 2013, at O.R. Book 4976, Page 920. The lien amount of $5,566 is based
on 54 days of accrued fines ($100 per day from June 15, 2013 through August 7, 2013), totaling $5,400,
plus $166.00 in abatement costs.
The lien in Case No. CEPM20130004774, for unsecured property and pool with green stagnant water,
was recorded in the Official Records on October 18, 2013, at O.R. Book 4976, Page 913. The lien
amount of $513,387.24 is based on 2,040 days of accrued fines ($250 per day from June 15, 2013 through
September 24, 2018), totaling $510,000 plus $1,319.50 in abatement costs and boarding costs of
$2,067.74.
The lien in Case No. CENA20130012648, for weeds and grass excess of 18 inches, was recorded in the
Official Records on February 21, 2014, at O.R. Book 5010, Page 3560. The lien amount of $2,657.51 is
based on 19 days of accrued fines ($100 per day from October 12, 2013 through October 30, 2013),
totaling $1,900 plus $227.51 in operational costs, $30 in abatement costs, and a civil penalty of $500.
The lien in Case No. CEPM20130018213, for a repeat violation of an unmaintained pool with a covering
in a state of disrepair, was recorded in the Official Records on May 23, 2014, at O.R. Book 5040, Page
2353. The lien amount of $17,747.43 is based on 31 days of accrued fines ($500 per day from February
15, 2014 through March 17, 2014), totaling $15,500, plus $229.43 in operational costs, abatement costs of
$1,518, and a civil penalty of $500.
The lien in Case No. CENA20130018218, for litter, was recorded in the Official Records on May 23,
2014, at O.R. Book 5040, Page 2342. The lien amount of $3,837.43 is based on 35 days of accrued fines
($100 per day from February 15, 2014 through March 21, 2014), totaling $3,500, plus $229.43 in
operational costs, and abatement costs of $108.
The lien in Case No. CESD20130018223, for an unpermitted structure, was recorded in the Official
Records on April 16, 2014, at O.R. Book 5027, Page 2287. The lien amount of $167,929.28 is based on
1,677 days of accrued fines ($100 per day from March 8, 2014 through October 9, 2018), totaling
$167,700, plus $229.28 in operational costs.
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The lien in Case No. CENA20130019701, for repeat violations of weeds and grass in excess of 18 inches,
was recorded in the Official Records on May 23, 2014, at O.R. Book 5040, Page 2346. The lien amount
of $3,864.43 is based on 31 days of accrued fines ($100 per day from February 15, 2014 through March
17, 2014), totaling $3,100, plus $229.43 in operational costs, abatement costs of $35, and a civil penalty
of $500.
The lien in Case No. CENA20140009060, for repeat violations of weeds and grass in excess of 18 inches,
was recorded in the Official Records on September 22, 2014, at O.R. Book 5078, Page 375. The lien
amount of $4,212.73 is based on 34 days of accrued fines ($100 per day from June 14, 2014 through July
17, 2014), totaling $3,400, plus $229.73 in operational costs, abatement costs of $83, and a civil penalty
of $500. The property was acquired by Donald Ward, Jr., via Warranty Deed recorded on August 29,
2018.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code
enforcement lien encumbers property that is under new ownership and compliance has been achieved.
Mr. Ward was unaware of the extensive code violations and it took a significant amount of money and
resources including, repairing the pool, obtaining all permits, to bring the property into compliance. The
property is being actively maintained and $9,631.29 has been paid in settlement of fines. The new owner
is requesting a waiver of $709,570.76 in accrued fines. There are currently no known violations.
FISCAL IMPACT: Payment of $9,631.29 has been made, representing $929.24 in fines, and $8,702.05
in operational costs. If approved by the Board, accrued fines in the amount of $709,570.76 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 $709,570.76, accept payment amount of
$9,631.29, release the liens, 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 Orders (PDF)
2. Executed releases (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.12
Doc ID: 7623
Item Summary: Recommendation to approve the release of code enforcement liens with a value
of $719,202.05 for payment of $9,631.29 in the code enforcement actions entitled Board of County
Commissioners v. Terry Dilozir, Code Enforcement Board Case Nos. CENA20120018018,
CEPM20130004774, CENA20130012648, CEPM20130018213, CENA20130018218,
CESD20130018223, CENA20130019701, and CENA20140009060 relating to property located at 5322
Catts Street, Collier County, Florida.
Meeting Date: 02/12/2019
Prepared by:
Title: Administrative Assistant – Code Enforcement
Name: Nancy CardinaleLower
12/20/2018 4:28 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
12/20/2018 4:28 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Additional Reviewer Completed 12/20/2018 4:57 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 12/21/2018 10:35 AM
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/15/2019 2:54 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/17/2019 10:40 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/19/2019 4:05 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/29/2019 10:19 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/29/2019 1:21 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/30/2019 9:48 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 01/31/2019 9:36 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/31/2019 12:15 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM
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Packet Pg. 595 Attachment: Lien Orders (7623 : Dilozir, Release of Liens)
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Packet Pg. 596 Attachment: Lien Orders (7623 : Dilozir, Release of Liens)
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Packet Pg. 634 Attachment: Executed releases (7623 : Dilozir, Release of Liens)
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