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Agenda 04/23/2019 Item #16A12 (Release of Lien - Edelmiro/Robles)04/23/2019 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a value of $394,130.86 for payment of $2,080.86 in the code enforcement actions entitled Board of County Commissioners v. Edelmiro and Bernadita Robles, Code Enforcement Board Case No. CESD20100009519 relating to property located at 4015 16TH Ave SE, 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 $394,130.86 for payment of $2,080.86 in relation to Code Enforcement Board Case No. CESD20100009519. CONSIDERATIONS: As a result of a code violation, the Code Enforcement Board ordered the imposition of a lien against Edelmiro and Bernadita Robles, in Case No. CESD2010000 9519 for code violations at 4015 16th Ave SE, consisting of expired Collier County building permit number 2007041510 for frame and additions on single-family 1-story modular home. The lien was recorded in the Official Records on October 18, 2011 at O.R. Book 4728, Page 922. The lien amount of $394,130.86 is based on 2,627 days of accrued fines ($150 per day from August 28, 2011 through November 5, 2018) $394,050 plus $80.86 in operational costs. The property was acquired by Min-Ju Kim, via Quit Claim Deed recorded on June 2, 2015. The property was brought into compliance on November 5, 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, compliance has been achieved, and payment would cause a severe hardship on the new owner. Min-Ju Kim took title to this property and was unaware of the uncorrected code violations. It took substantial amounts of time and money with extensive follow up, permit fees, and inspections to come into compliance. The property is actively maintained, and the owner has paid $2,080.86 in settlement of fines. The owner is requesting a waiver of $392,050.00 in accrued fines, see attached hardship letter as required. There are currently no known violations. FISCAL IMPACT: Payment of $2080.86 in settlement of fines has been made, representing $2,000 in fines and $80.86 in operational costs. If approved by the Board, accrued fines in the amount of $392,050.00 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 $392,050.00 accept payment amount of $2080.86 release the lien and authorize the Chairman to sign the attached release an d satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Lien Orders - Robles (PDF) 2. Hardship Letter - Robles (PDF) 3. Release and Satisfaction - KN signed (PDF) 16.A.12 Packet Pg. 1354 04/23/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.12 Doc ID: 8592 Item Summary: *** This item was continued from the April 9, 2019 BCC meeting. *** Recommendation to approve the release of a code enforcement lien with a value of $394,130.86 for payment of $2,080.86 in the code enforcement actions entitled Board of County Commissioners v. Edelmiro and Bernadita Robles, Code Enforcement Board Case No. CESD20100009519 relating to property located at 4015 16TH Ave SE, Collier County, Florida. Meeting Date: 04/23/2019 Prepared by: Title: Manager - Technical Systems Operations – Administrative Services Department Name: Michael Cox 04/11/2019 6:34 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 04/11/2019 6:34 PM Approved By: Review: Code Enforcement Michael Cox Additional Reviewer Skipped 04/10/2019 8:00 AM Growth Management Department Michael Cox Level 1 Reviewer Skipped 04/10/2019 8:00 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 04/12/2019 8:12 AM County Attorney's Office Michael Cox Level 2 Attorney Review Skipped 04/10/2019 8:00 AM Growth Management Department Michael Cox Deputy Department Head Review Skipped 04/10/2019 8:00 AM Growth Management Department Michael Cox Department Head Review Skipped 04/10/2019 8:00 AM Office of Management and Budget Michael Cox Level 3 OMB Gatekeeper Review Skipped 04/10/2019 7:59 AM County Attorney's Office Michael Cox Level 3 County Attorney's Office Review Skipped 04/10/2019 8:00 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/16/2019 7:47 AM County Attorney's Office Kevin Noell Additional Reviewer Completed 04/15/2019 8:18 AM County Attorney's Office Kevin Noell Additional Reviewer Completed 04/15/2019 8:19 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/15/2019 10:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/23/2019 9:00 AM 16.A.12 Packet Pg. 1355 'INSTR 46L7O6L oR 4728 PG 922 RECoRDED LO/L8/2OL1, l-0:12 AM pAGEs 2 DWIGHT E, BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORIDA REc $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. EDELMIRO AND BERNADITA ROBLES, Respondents CASE NO.: CESD2O 10000951 9 THIS CAUSE came on for public 20 I l, after due notice to Respondents at which time the Board and issued its Findings of Fact and Conclusions oflaw and thereupon vriting on August 2,2011 and furnished to Respondents and was Florida at OR 4708, PG 1569, et. seq. on August 5, 201 l. An Affidavit of N,Oflicial on August 30, 201l, which Affidavit ordered. has not been taken as Accordingly,have not complied with the Order dated August 2, ORDERED, thatthe Collier County fines in the amount of $3,900 (Order ltem I and 2)September 22, 2011 (26 days) at $ 1 50 per day plus $80.86 operational costs for a total of $3,980.86. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section I62.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo,but shall be limited tb appellaie review of the record created within. Filing an Appeal shall not stay the Board's order. This order may be recorded and shall, pursuant to Section l62,09,Florida Statutes, constitute a lien' against the property as described and,/or any olher real or personal property owned by Respondents. DONE AND ORDERED trris 7O{hay of&€!,- 201l at coilier county, Florida . CODE ENFORCEMENT BOARD COLLIERCOUNTY, Kenneth 2800 North Horseshoe Drive Naples, Florida 34104 oral Order which was under oath, to the Board's of August and Bemadita BY 16.A.12.a Packet Pg. 1356 Attachment: Lien Orders - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) ' *** oR 4728 PG 923 *** STATE OF FLORIDA ) couNTY or aorrrr*r"t' The foregoing instrument was acknowledged before rc tt irlSay of SrzpJ- ' ,201I, by Kenneth Kelly, c[air6f the code Enforcement Board of Collier courfr, Floriaa, *-f,6T] personuily Driver's License as identification. NOTARYPUBLIC My commision expires:_ TE OF SERVICE I HEREBY CERTIFY fiat a true and correct of this ORDER has Edelmiro and Bernadita C)Cr- . ,2otr. Robles, 144 Royal Palm Island, ';t1: C,l iU,;r{lUA )ounry cf COLLIL,R I HERE :ot'rcet 3oarC been sent bv U. S. Mail FL 34l45itir 9\^ to day of ll Enforcement Board Ste. 208 h a r,nua ond County \_-., ,W4.r@ ="ffi I(hISTIt'IE IWENTE tlotary Public'Sl.te ot Florldt My Gomm. ErPltGs Jun t8.2015 Commisrlon I EE 81212 Eodcd ll.tiofld ijyr 16.A.12.a Packet Pg. 1357 Attachment: Lien Orders - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) rNSTR 4593908 OR 4708 PG ].569 RECORDED 8/5/2OLI 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREc $18. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COI.'NTY COMMISSIONERS, COLLIER COI.JNTY, FLORIDA, Petitioner, vs. EDELMIRO AND BERNADITA ROBLES, Respondents CASE NO.: CESD2O1000095 l9 THIS CAUSE came on for public Board, having heard testimony under oath, received thereupon issues its Findings ofFact, Conclusions of l. That Edelmiro and 2 That the Code and that the Respondents, having been duly 3. That the Respondents were and by posting. 4. That the real property located at 40 Folio 41048360004 more particularly described as West 75' of the Golden Gate Estates, Unit 83, according to the Plat thereofi, as recorded in Plat Book 5, Page 22, ofthe Public Records of Collier County, Florida is in violation of Florida Building Code,2007 Edition, Chapter l,Section 105.4.I in the following particulars: Expired Permit Number 2007041510 for a framed S/F l-story modular home. ORDEROFTHEBOARD - Based upon the foregoing Findings ofFact and Conclusions oflaw and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0441, it is hereby ORDERELi: - That the violations of Florida Building Code, 2007 Edition, Chapter I , Section 105.4. I be corrected in thefollowing manner: I ' By applying for and obtaining a Collier County Building permit or Demolition permit throughrequired inspection and certificare of completion/occupancy within 3i days (August 27,zoll).2' That if the Respondents do not compty with piragraph I of tire bralr ortr,L nouro uy August 27,20 I I , then there will be a fine of s l 50 per day for iach oiy un-til ihe uioruiion ls abated.3' That the Respondents are to notiff code Enfoicement officiats tnaittre viotation has been abated within24 hours ofabatement and request the Investigator to come out and perform a final inspection to confirm theabatement. to appear at the date ofhearing by are has 16.A.12.a Packet Pg. 1358 Attachment: Lien Orders - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County SherifPs Office to enforce the provisions of this order and all costs of abatenient shall be assessed to the property owner.5. Thatthe Respondents are ordered to pay all operational costs incurred in the prosecution ofthis Case in the amount of $80.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellaie review of the record created within. Filing an Appeal shall not stay the Board's order. Florida. DONE AND ORDERED tt is SJDaay rf O.tq6-. 201I at Collier County, . CODE ENFORCEMENT BOARD COLLIERCOI.JNTY FLORIDA Drive STATEOFFLORIDA I couNTY oa "orrrr*1)tt' The foregoing instrument was who is or as identification. I HEREBY CERTIFY Ed9$iro and Bernadita Robles, -ta1i'zott' that a true and correct copy of this ORDER has been sent by U. S. Mail to 144 Royal Palm Drive, Ste.218, Marco Island, FL 34145 this-a-tay of M. Jean Esq. Florida No. 75031 I Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste.208 Naples, Florida 34103 Q39)263-8206 '. r.. - -i illUir iounry of COLLIL,H ' H ERET.'tt l3 a truS rnd Coun0 Naples, 2800 PUBLIC Joard D"oJ.Sn *** oR 4709 PG 1570 *** 201l, 16.A.12.a Packet Pg. 1359 Attachment: Lien Orders - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) Bu From: Sent: lo: rana MIN-JU KIM < minjugreen@gmail.com> Tuesday, November 27, 20181:20 PM Burgoslliana Fwd:Subject: Forwarded message From: MIN-JU KIM <minjugreen@grnail.com> Date: Tue, Nov 27, 2018,1l:59 Subject: To : <Iliana.Burgos@colliercountyfl . gov> Dear committee members: It is with great concern that I present my case to you today. On May 12,2015, I purchased a parcel of land in Collier County, via the internet, to build a house after retiring my job. This was ONLY listed as a "vacant land sale". It was not mention about unfinished house or penalties, not at all. I was most bewildered when I came to view it the following December, only to discover an abandoned house that was in grave disrepair. Bears had taken over the basement, and the structure itself was hidden from view, due to overgrowth and gross neglect. Vine trees were reached up to the roof. I spent more than 10,000 dollars to remove the trees including Brazilian pepper trees. Also full of garbages around the house, cause by the bears they were looking for foods from neighbor's garbage bins. By the way, I picked up the all garbages all by my self. That same month, I visited the growth management office, found all these problems, and was advised by your team that I had two options: demolition or rebuilding. It was very hard to make a decision at that time, because I work full-time in miami as an emergency nurse, I have never been lived in naples and do not know anyone in naples, I do not have any family members here, and I did not have enough budget. With all these obscles, I decided to rebuild. Your team(very helpful) advised to me at that time that I need to hire a contractor, finish the building, finish the right of way, and bring a letter about the circumstances. As often happens to native new homeowners, I hired an incompetent contractor, who did not follow through with our contact, keep demanding extra money, he had to leave the work many months because he developed near coma due to high blood sugar and high blood pressure, and need to be hospitalized until stabilization, and following next f'ew months later, the contractor had to visit his home(over the sea) longtime because his young daughter died from motor vehicles accident, I had to wait until he retumed to the work. Also one of worker took 2750 dollars for material but never returned money or materials. These are one of reasons to delayed the work. I have been through very hard time with workers. I traveled from miami to the county numerous times and sit down with many to learn how to solve the problems. Remember! I am a only nurse and never build the house before. Honestly, without the help of your team, I couldn't finish the building. I received the full of encouragement by the county. In order to finance the work, I took out a home equity loan, dipped into my retirement savings, charged materials on my credit cards, worked overtime, and borrowed from my family. With all difficult situations, I am able to pass all inspections including the right of the way. 1 16.A.12.b Packet Pg. 1360 Attachment: Hardship Letter - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) I spend approximately 170,000 dollars including the land. The living area of the house is little more than 1000 sqf, it is a small modular house. The market value of the house may be 175,000. I heard that the penalties is more than 300,000 including what I heritaged from previous owner. I do not have experience in this field and bought a land under the false pretenses. I humbly request, please please waive my all penalties, so that I may begin to clear the loans incurred during the restoration process. Should you wish to meet with me in person, or speak to me directly by telephone, I am most happy to make myself available, at your convenience, for any further conversations necessary to your decision making process Respectfully yours, Min-Ju Kim, Phone:(305)318-4866 4015 16th ave se naples 34117 2 16.A.12.b Packet Pg. 1361 Attachment: Hardship Letter - Robles (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles) 16.A.12.c Packet Pg. 1362 Attachment: Release and Satisfaction - KN signed (8592 : Board of County Commissioners v. Edelmiro and Bernadita Robles)