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Agenda 02/25/2020 Item #16A 7 (Release of Lien - Code Enforcement)02/25/2020 EXECUTIVE SUMMARY Recommendation to partially release a code enforcement lien with a value of $132,395.20 for payment of $500 in the code enforcement action entitled Board of County Commissioners v. Alfredo Miralles, Code Enforcement Special Magistrate Case No. CESD20120003627 relating to property located at 1715 Roberts Ave W., Collier County, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to partially release a code enforcement lien with an accrued value of $132,395.20, for payment of $500, as to property known as 1715 Roberts Ave W. only, in relation to Code Enforcement Board Case No. CESD20120003627. CONSIDERATIONS: Due to a code violation at 108 White Way, for converting a carport into a living space without first obtaining required permits, the Code Enforcement Board ordered the imposition of a lien against Alfredo Miralles in Case No. CESD20120003627. The lien was recorded in the Official Public Records on June 23, 2014, at O.R. Book 5051, Page 814, and it encumbers all real and personal property owned by Alfredo Miralles. The lien amount of $132,395.20 is based on 529 days of accrued fines (March 24, 2014, through September 3, 2015) at $250 per day, plus $145.20 in operational costs. This request for a partial release is for a different property, 1715 Roberts Ave W., which contains no code violations. This parcel was encumbered by the lien as a result of common ownership by Alfredo Miralles who owned the properties at the time of the violation. The property was acqu ired by Jennifer Elizondo and Leonardo Perez, via Warranty Deed recorded on May 23, 2019, at O.R. Book 5633, Page 2184. The lien continues to encumber the property and the new owners only became aware of the lien after attempting to finance and build their new home. FISCAL IMPACT: Payment of $500 has been made, representing $354.80 in fines and $145.20 in operational costs. If approved by the Board, accrued fines in the amount of $131,895.20 would be waived with respect to 1715 Roberts Ave W. only. The lien balance would continue to encumber all other property owned by Alfredo Morales. 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: That the Board of County Commissioners waive the fines in the amount of $131,895.20 with respect to 1715 Roberts Ave W. only, accept payment amount of $500, partially release the lien, and authorizes the Chairman to sign the attached partial release for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. New Owner Letter (PDF) 2. Backup Documents (PDF) 3. Lien Order (PDF) 4. Executed release (PDF) 16.A.7 Packet Pg. 1247 02/25/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.7 Doc ID: 11342 Item Summary: Recommendation to partially release a code enforcement lien with a value of $132,395.20 for payment of $500 in the code enforcement action entitled Board of County Commissioners v. Alfredo Miralles, Code Enforcement Special Magistrate Case No. CESD20120003627 relating to property located at 1715 Roberts Ave W., Collier County, Florida. Meeting Date: 02/25/2020 Prepared by: Title: – Code Enforcement Name: Dana Rarey 01/14/2020 10:27 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 01/14/2020 10:27 AM Approved By: Review: Code Enforcement Colleen Davidson Additional Reviewer Completed 01/14/2020 2:44 PM Growth Management Department Judy Puig Additional Reviewer Completed 01/15/2020 2:53 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 01/21/2020 10:32 AM Growth Management Department James C French Deputy Department Head Review Completed 01/21/2020 10:42 AM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/21/2020 1:57 PM Growth Management Department Jeanne Marcella Department Head Review Completed 01/22/2020 11:00 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/22/2020 11:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2020 1:21 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/22/2020 1:41 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/18/2020 12:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM 16.A.7 Packet Pg. 1248 October 4, 2019 Collier County Code Enforcement Division Growth Management Department 2800 N. Horsehoe Dr Naples, FL 34104 To Whom lt May Concern: My name is my iennifer Elizondo, I purchased a property located at 1715 Roberts Ave W, lmmokalee, FL 34).42 Parcel lD # 00130840004. I went to a title company to close the transaction but l've learned after closinB that No Title lnsurance was issued. I was trustinB in the seller and the title company thinklng all was ok. This was my first Real Estate transaction. We purchased the lot to build our first home. When I tried to get financing after deed was under my name I learned property has a code lien against the seller for another property; please I need help. I am requesting from you to consider eliminating the lien against the property and release it, so I may build my home for my family. Our builder will be FL Star Construction LLC. Kindly help guide me in the right direction in accomplish this for my family Sincerely, Jennifer Elizondo ? o 0or 3+2(p "1- . ,-nJ rrt rn9/64fe(, J-( ' ?hmz : g3q 34/o/ -9aQ-JG6a 16.A.7.a Packet Pg. 1249 Attachment: New Owner Letter (11342 : BCC v. Alfredo Miralles) a n1T, October 23,20L9 Ms. lleana Burgos Collier County Code Enforcement Growth Management Department Hello Ms. Burgos, As you know the lien is not against the property I purchased. lt is against a different property, I know I trusted the seller when they say all was clear and also when I went to the title company and they said the same but didn't issue me a title insurance which was a surprise to me. . l.;an pay SSOO.OO to settle let me know if this is possible. Thank you, Jennifer Elizonido l :., r'' 16.A.7.a Packet Pg. 1250 Attachment: New Owner Letter (11342 : BCC v. Alfredo Miralles) Alfredo Miralles cEsD2o120003627 108 White Way Immokalee,FL 34142 Folio # 35540080005 Carport converted into living space with a laundry room with electric and plumbing, and windows and doors replaced without first obtaining a permit. Order Items: $250/day fine x 60 days (March 24,2014 - May 22,2014): $15,000.00, plus operational costs of $145.20 Total Fines: $15,145.20 FOF Order OR 4931/PC 1665 recorded on 6111113 Extension of Time OR 4982lPG 2952 recorded on I ll12l13 IOF Order OR 505 liPG 814 recorded on 6123114 Violation abated: September 3, 201 5 Fines accrued after IOF: $ I 17 ,250.00 [$250/day fine x 469 days (May 23 , 2014 - September 3, 20 I 5)] Total Fines Owed: $132.395.20 Partial Release Request for 1715 Roberts Ave W, (property now owned by Jennifer Elizondo, Deed recorded on 5123119, vacant parcel previously owned by Mr. Alfredo Miralles) Offerof settlement for partial release: $500.00 ($354.80 fines + $145.20 operational costs) New OWNER (encumbered property) ACCRUED VALUE: $132.395.20 PAYMENT OF: $500.00 . ! \'L .'i ,. ' t il r' ct' *r r" TOTAL FINES TO BE WAIVED: ov1 16.A.7.b Packet Pg. 1251 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) Collier County Growth Management Davisaon 2B0A Harseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paidi Amount Due: Payment Details: Amount Paidi Change / overage: Contact: FEE DETAILS: Fee Description Operational Costs (CEB) Operational Costs (CEB) Cashier Name: Batch Number: Entered By: 20t9687 732 2019- 1 10406 72/O4/2079 $ 14s.20 cESD20120003627 cESD20120003627 Amount Paid $145.20 Check Number 1000240331 GL Account $14s.20 $0.00 ELIZONDO, JENN]FER LEOBARDO PEREZ PO BOX 3426 IIVIN4OKALEE, FL 34143 Orioinal Fee $80.86 $64.34 Amount Paid $ 80.86 $64.34 111- 138911-354400 111- 138911-354400 Pavment Method Check Reference Number Richard Koenigsknecht 8789 KerryAdams 16.A.7.b Packet Pg. 1252 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Description Code Enforcement Board Cashier Name: Batch Number: Entered By: 2019687133 20L9-t10407 72/04/2079 $ 1s,000.00 Pavment Method Check Reference Number cESD20120003627 Amount Paid $3s4.80 Check Number 1000240331 Oriqinal Fee $ 1s,000.00 Amount Paid $3s4.80 GL Account 111- 138911-354400 Richa rdKoenigsknecht 8789 KerryAdams $354.80 $o,oo ELIZONDO, JENNIFER LEOBARDO PEREZ PO BOX 3426 IIYIVIOKALEE, FI 34143 16.A.7.b Packet Pg. 1253 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) Page 1 of 1 Loilrer Lounty rroperty ApPralser Property Summary Parcel No 00130840004 Name / Address ELIZONDO, JENNIFER Site Address*Disclaimer 1715 ROBERTS AVE W Site Zone*Note ,34142.Site City IMMOKALEE LEOBARDO PEREZ PO BOX 3426 I I I City IMMOKALEE State FL Zip 34143 Strap No. 000100 0442Eo5 5 . . 5 47 29WllzOF NWl/4 OF SE1/4 OF NE1/4 EXC 1 AC lN NE CNR EXC PAR DESC lN OR I PG 210,Legar LEss R/w 1:63 Ac oR 197aPG2gz2 Millase Area.6 5 Millagg Rates 0 *Catculations Sub./Condo 1OO. ACREAGE HEADER School Other Total UseCodeO 0 - VACANT RESIDENTIAI s.083 Section Range 29 Acres *Estimated 1.632EO5 \ Latest Sales History (Not all Sales are listed due to Confidentiality) Date Book-Page Amount 2019 Certified Tax Roll (Subject to Change) osllsl1g 5633-2184 07127194 $ 7o,ooo $ sl,s00 Land Value (+) lmproved Value (=) Market Value $ 16,300 $ 4,367 $ 11,933 $0 300 $o $ (-) 1oo/o Cap (=) Assessed Value (=) School Taxable Value $ (=) Taxable Value $ 1 1,933 lf all Values shown above equal 0 this parcel was created after the Final Tax Roll 1 3006, http://www.collierappraiser.com/main-search/RecordDetail.html?sid: l834g736l&ccpaver: lTl0lgll49&..10130t2019 47 9.7043 14.7873 11/gO/92 1774:922 a7/a1188 1367-1570 Township 1970-2322 16.A.7.b Packet Pg. 1254 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) INSTR 57L6939 oR 5633 PG 2184 RECoRDED 5/23/2OL9 1:52 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA Doc@.70 $490.00 REc $18.50 coNS $70,000.00 -ffi This Document Prepared By and Retum to: JENNIFER ELIZONDO PO BOX 3426 lMlvlOKALEE, FL 34143 Parctt tD Number: 00130840004 Warranty Deed This Indcnturc, Made this lsth day of May 2019 A.D., Behvccn ALFRBDO MIRALLES, A MARRIED MAN and ALFRtrDO MTRALLES, JR, A MARRIEI) MAN of the County of Collicr JENNIFER ELIZONDO nnd , grantors, and SBAND rvlrose address is: PO BOX 3426, of the County of Collicr , grantccs. Witncsscth that the GRANTORS, for and in SEVENTY THOUSAND DOLLARS and other good and valuable consideration to CRANTORS in hand paid by GRANTEES, the reccipt rvhereof is hereby acknorvledged, have granted, bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever, the follorving described land, situate, lying and being in the County oI Collicr Statc of Floritla ro rvir: THE !1/EST 1,I2.5 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THESOUTHEAST OUARTER OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 47 SOUTH,RANGE 29 EAST, COLLIER COUNTY, FLORIDA. *TTHIS IS VACANT LAND" ill[!;[#'rs do hereby fully rvarant the title to said land, anct rvill defend rhe same against lawfulclaims of allpersons FL 34143 , State of L.rcr Oencrrlcd by CDr!pt.y SyI.mt, lnc :Ol9(t6l) 76l.jrj5 n.rForm FLIYD-l II I I 16.A.7.b Packet Pg. 1255 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) *** oR 5633 PG 2185 *** Warranty Deed - Page 2 Parccl lD Numbtr: 00130840004 In Witness Whcrcof, the grantors have hereunto set their hands and seals the day and year first above written. Signed, sealed and tlclivcrcd in our prcscnce: rt-"Q.*cto^ { a*q, u-o ? sgnrtuicl\Ltv^nf\ U As.1 \)-e-L IRA PO IMMOKAI-EE lc ission Expires: l- (Seal) FL 31142 (Seal) ,2019 ,by JR, A MARRIED Witness Print Name '*f Statc of Florida County of Collicr Thc foregoing instrument rvas ALFRBDO MIRALLBS, A MAN rvho arc pcrsonally knorvn to me or rvho Florida's driver license as identification JRo is lSth day their no PATRICIA}IlE'MOORE ,rY coMMlSStOt * GG 2{ 5455 E)(PtRfg; Jun6I,20A2 t,t:RIiz L.scr Cen.r.tcd by CDrrpl.y Syilch!, lnc l0l 9 (E6r) 761-5J j j nctFom FLWD. I 16.A.7.b Packet Pg. 1256 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) LOrrer Lounty rroPerty APPralser Page I of I ttt".ffi ,o,Parcel No 35540080005 Property Summary Site Address 108 WHITE Site City IMMOKAIEE"Disclaimer WAI Name / Address MIRALIES, ALFREDO 1703 IMMOKALEE DR 42 City IMMOKALEE State FL zip 34142-3430 Acres "fstimated 0.38 Map No. zEO4 Strap No. 317800 32EO4 Section Township 47 Range 29 Legal GLENNDALE LOTS 3+4, AND THE S 4.23FT OF THE W 79.3FT OF LOT 2 Millage Area O 5 Sub./Condo 317800 - GLENNDALE Use Code I 1 - SINGLE FAMILY RESIDENTIAL Latest Sales History (Not all Sales are listed due to Confidentialityi Book-Page Amount Millage R.ates S leakslaligag School Other Total s.083 9.7043 14.7873 2019 Certified Tax Roll (5ubject to Change) a4/o4114 06/28/11 al/27/99 06/19/97 06/19/97 a6/19/97 a6/19/97 s069-31 U 4696-2574 25A6-171 2324-54 *?.+aq 2324-46 2324-4s Land Value (+) lrnproved Value (=) Market Value $ 1s.900 $ s1,1s4 $ 57,Os4 $ 67,0s4 $ 67,0s4 (=) Assessed Value (=) SchoolTaxable Valuel. I 1=i Taxable Value $ 67,054 lf all Values shown above equal 0 this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main search/RecordDetail.html?sid:g255921g2&ccpaver:l7l 0lgll49&10t16t2019 4 $o $ 18,000 $ ss,ooo $ 2s,ooo $o $o $o 16.A.7.b Packet Pg. 1257 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) *** INSTR 5021950 OR 5069 PG 3LL2 RECORDED 8/22/20L4 9:19 AM PAGES ]. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORTDA Doc@.70 $0.70 REc $10.00 under him shall at any time land or its appurtenances. lN WITNESS THEREOF, the said day and year first above written. QUIT CLAIM DBED STA'TE OF FLORIDA COI'NTY OF COLLIER This indenture made this 4s day of April ,2A14, between Jose Martinez as GRANTOR and Alfredo Miralles as GRANTEE. WITNESSETH: That the GRANTOR. on behalf of himself his heirs, executors, administrators, successors, representatives and assigns, for and in consideration ofthe sum of ONE DOLLAR, cash in hand paid at or before delivery of this document, the receipt of which is hereby acknowledged, has bargained and sold and by this document and does grant, bargain, sell, convey,and forever QUIT CLAIMS unto said GRANTEE, on behalf of administrators, successors, representatives and assigns, all or demand which the GRANTOR may have had The South 4.23 feet of being in Clendale Subdivision according to book 2, page 102, Of the public records of TO HAVE AND TO the rights, members and appurtenances person claiming *** to the said tract of set his hand and seal, the <:--- . GRANTOR Sealed, Sworn and delivered in the presence of: NOTARY PUBLIC \: Witness following said tract of neither G demand any ttotrry Pr*.Ilahs My comm. CrFartf. Commlrrl ltt lllle l4nued Witness: 16.A.7.b Packet Pg. 1258 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) October 4, 2019 Collier County Code Enforcement Division G rowth Management Department 2800 N. Horsehoe Dr Na ples, FL 34104 To Whom lt May Concern: My name is my Jennifer Elizondo, I purchased a property located at 1715 Roberts Ave W, lmmokalee, FL 34142 Parcel lD # 00130840004. I went to a title company to close the transaction but l've learned after closing that No Title lnsurance was issued. I was trusting in the seller and the title company thinking all was ok. This was my first Real Estate transaction. We purchased the lot to build our first home. When I tried to tet financing after deed was under my name I learned property has a code lien against the seller for another property; please I need help. I am requesting from you to conslder eliminating the lien against the property and release it, so I may build my home for my family. Our builder will be FL Star Construction LLC. Kindly help guide me in the right direction in accomplish this for my family. Sincerely, Jennifer Elizondo ? o 0or 3+2b Snmo/raler, J:0 3ulbq ?hmz : J31 -9aQ'?b6' ' 16.A.7.b Packet Pg. 1259 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) w,october 23, 2019 Ms. llea na Burgos Collier County Code Enforcement Growth Management Depa rtment Hello Ms. Burgos, As you know the lien is not against the property I purchased. lt is against a different property, I know I trusted the seller when they say all was clear and also when I went to the title company and they said the same but didn't issue me a title insurance which was a surprise to me. I can pay 5500.00 to settle let me know if this is possible. Thank you, Jennifer Elizonido 16.A.7.b Packet Pg. 1260 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD2OI2OOO3621 COLLIER COUNTY BOARD OF COLINTY COMMISSIONERS, Petitioner ,.i,*o,-rna, AIFREDo, Defendant(s) AFFIDAVIT 9F COMPLIANCE STATE OF FLORIDA COt]NTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, code Enforcement official for the code Enforcement Board If colti"r counfy, who after being tully swom, deposes and says: l. That on May 23,2013, the code Enforcement Board held a hearing and issued an order in the above-styled matter ancl stated that Defendant(s) was to abate all violations by obtaining all applicable Collier County Building permits or Demolition permit through required inspection and certificate of completion/occupancy within 120 days (September 20, 2013) as statA in the Order recorded in the public records of Collier County' Florida in OR Book4gl1-pc 1665, An exrension of time was granted for 150 days (March 23,2014) OR Book 4982 PG 2952- 2. That the respondent did contact the investigator' 3. That a re-inspection was performed on Septembe r 28, 20 I 5 ' 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a collier county Building Permit PRBD2o140925807 through required inspection and certificate of completion/occupancy Septen'rber 03, 2015' FUKTT{ER AFFIANT SAYETH NOT. DATED this 28th day of September, 2015 STATE OF FLORIDA COUNTY OF COLLIER Swom to (or (Signature (Print/l'ype/Stamp Commissioned Namc of Notary COLLIER COUNTY. FLORIDA CODE ENFORCEMENT BOARD Rodriguez Code Enforcement and subscribed before me tni, "B'Ly * Sf ptC.fr l'ulrorrby Maria Rodriguez .ffih-ffi Personally knovr'n J Public) t 16.A.7.b Packet Pg. 1261 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) INSTR 4912035 oR 4982 PG 2952 RECoRDED LL/L2/2OL3 1-:0L PM PAGES 2 DWIGHT E. 8ROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18. 50 State ot Florida County of COLLIER I HEREBY this is a lrue and coi'reci Boarcl wlTi{l8* '!ri CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALFREDO MIRALLES, Rcspondent CASE NO.: CESD20 I 20003627 THIS CAUSE came on for 24,2413, on the Respondent's Motion for Extension of Time, premises, hereby GRANTS the , and being duly advised in the Based upon the 162, Florida Statutes, and Collier County Ordinance No. 201 That the Respondent's Motion for a period of 150 days (March 23, 20t4). The Respondent is to vacate the unpermitted areas of the structure until such a time that the structure is in a permitted state. 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 lirnited to appellate review olthe record created within. Filing an Appeal shall not stay the Board's order. DONE AND ORDERED this 3t day ot()fufufiO|3 ar Collier County, Florida. DA B before the Board the rsuant to the ORDERED: BY ENFORC LIER DVVIGHT E. BROCK, C OF COTJRTS 34104 Drive i 16.A.7.b Packet Pg. 1262 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) *** oR 4982 PG 2953 *** STATE OF FLORIDA ) )SS: coLrNTY OF COLLIER) I HEREBY CERTIFY that a true Miralles, 108 White Way, Immokalee, My commission CERTIFICATE OF has bccn sent by U. S. Mail to Alfredo 2013. Board 2t0 EXPIRES Fobruory t4. 2017 G BAILEY i EE875121 (23e) who is License as identification. 16.A.7.b Packet Pg. 1263 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) INSTR 4999043 oR 5051 PG 814 RECoRDED 6/23/20L4 4:46 pM pAGEs 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18. 50 CODE ENFORCEMENT BOARD COLLIER COTINTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALFREDO MIRALLES, Respondent CASE NO.: CESD2O 120003627 {:} ;.,- - -*-.,!" i THIS CAUSE came on for Fines/Liens on May 22,2014,the thereupon issues its Findings of l. On May 23,2013,found to be in Collier Counf.v Land Development 10.02.06@XlXa located at 108 White Way, Immokalee, and 4, in that certain subdivision known as the Book 2, Page 102, ofthe Public Records ofCol lier2, An Order rvas entered on June 3,2013,which was recorded in Florida at OR4931, PG I665, et. seq. on June I 1,2013. er'sMotion for lmposition ve to all appropriate matters 04-41, as amended, the covered the real property more particularly described as Lots 3 map or plat thereof as recorded in plat the Public Records of Collier County, las *J 3' An Affidavit_of Non-Compliance was filed with the Board by the Code Enforcement official onApril l, 20 I 4, which Affidavit certified under oath that the required conectire action has not been taken as ordered.4. An Affidavit of Compliance was filed w-ith the Bbard by the Code Enforcement omciat o, april :0,2014' which Affidavit certified under oath that part ofthe required conective action has been taken u, trj"..o.5. The violation has been partially abated as of May 27 ,2013, ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter I 62. Floridastatutes. and collier county ordinance No. 200744, as amended. it is herebl, ORDERED: L Petitioner,s !t-o1ion for Imposition of Fines/Liens is granted.2' Daily fines of $250.00 per day are assesse_d against thi Respondent for 60 days for the period fromMarch 24, 2014 toMay 22,2014 for a total amount of finei of $ts,o00.do. 'lvr !r'! Perrur The previously assessed operational costs of$80.86 have not been paid. The operational cost, a.e$64.34 for this hearing.4' Respondent is ordered to pay fines and costs in the total amount ofsl 5,145.20 or be subject to Noticeof Assessment of Lien against ail properties owned by Respondent in coilier Courry, Flprida. - 16.A.7.b Packet Pg. 1264 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) *** oR 5051 PG 815 *** DONE AND ORDERED tfris 4 STATEOFFLORIDA ) couNTY oo aorrrr*1)tt' The foregoing instrument was acknowl Code Enforcement Department, release of lien or confirmation of may also be obtained at this 2014 at Collier County, Florida. LINTY Drive Florida 104 of Counry, Florida, who is s License as identification. d'r'J&"h<-, Nr a APPEAL: Any aggrieved party may ofthe execution ofthe Order appealed. review ofthe record created within the transcribed record ofthe hearing from the Clerk of Board's Order. or confirmation CERTIFICATE OF SERVICE 681 Goodlette Road N., Ste.2l0 Naples, Florida 34012 (239)263-8206 S,aio0i rr.rrJa county of colllER .4 rnay 4 (30) days appellate obtain a the RDER has been sent by U. S. Mait to Alfredo 2014. Bar No. 7503 I I 'be paid at the Collier County fax # (239) 252-2343. Any'the obligations of this Order I HEREBY CERTIFY that a true and correct coov of this Miratles, 108 White Way, Immokalee,FL 34t42this 4 day of t MY COMMTSSTON # KAREN G EXPIRES D.C. OI Court within rhirty but shall be Filing an 16.A.7.b Packet Pg. 1265 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) rNSTR 4851"524 OR 4931- PG 1-665 RECORDED 6/LL/2Oa3 10:24 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 a) vs. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner,CASE NO.: CESD2O120003627 ALFREDO MIRALLES, Respondent THIS CAUSE came on for public and the Board,having heard testimony under oath, received matters, thereupon issues its Findings of Fact, Conclusions of l. That Alfredo Miralles is 2. That the Code and that the Respondent, having been duly into a Stipulation 3. Thatthe Respondent was and by posting. 4. That the real property located 34142, Folio 35540080005, more particularly described as Lots 3 and 4, in GLENNDALE, according to the map or plat thereof as recorded in Plat Book 2,Page of Collier County, Florida, is in viotation of Ordinance 04-41, as amended, the Collier County Code, Section 10.02.06(BXI)(a) in the following particulars: A carport that was enclosed and converted into living and an attached laundry room with electric and plumbing, replaced windows and doors all constructed without first obtaining the authorization of the required permit, inspections and Certificate of Occupancy as required by the Collier County Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0441, it is hereby ORDERED: That the violations of Ordinance 04-4 l, as amende d, the Collier County Land Development Code, Section 10.02.06(BXl)(a) be corrected in the following manner: l. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (September 20,2013). the Board on May to all at ofthe date wuy, 16.A.7.b Packet Pg. 1266 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) oR 4931 Pc l-666 2. By turning oflutilities for all rmpermitted living space rvithin 24 hours and remaining unoccupied until the building pennit or demolition permit has received a Certificate of Occupancy. 3. That if the Respondent does not comply with paragraph I of the Order of the Board by September 20, 2013, then there will be a hne of$250.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by May 24,2013, then there will be a fine of$250.00 per day for each day until the violation is abated. 5. That the Respondent is to notifr Code Enforcement olficials that the violation has been abated within 24 hours ofabatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 6. That if the Respondent fails to abate the violation, the counfy may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sherif?s OfIice to enforce the provisions ofthis order and all costs of to the properfy owner. \r.{-i 7. That the Respondent is Case in the amount of $80.86 within 3 Any aggrieved party may the execution of the Order review ofthe record created DONEAND i," STATE OF FLORTDA ) )SS:) couNTY oF coLLrER) The foregoing instrument was acknowtedged before me this 3 aay of in the prosecution ofthis Court within thirty (30) days of shall be limited to appellate FIorida. DA Drive 104 Board of County, Florida, rvho is License as identification. KAREN G BAILEY MY COMMISSIoN # 8E875t21 EXPIRES February 1 4, 2017 s a NOT Y PUBLIC My commission expires:_ State ol Florida -ountY ot COLLIER a to tle de CODE a true and k?',a:s COURTS 16.A.7.b Packet Pg. 1267 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) oR 4931 PG 1667 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy Miralles, I 08 White Way, Immokalee, FL 341 42this ;l_day of M. Bar No. 75031 I has been sent by U. S. Mail to Alfredo 2013. Attorney for the Code Enforcement Board 681 Goodlette RoadN., Ste.210 Naples, Florida 34102 (239)263-8206 1 t ? t l J I 16.A.7.b Packet Pg. 1268 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) *** oR 4931 PG 1668 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Alfredo I\/iralles Case No. CESD20120003627 Respondent(s), STIPULATION/AG REE M ENT a hearing is currently scheduled for May 23,efficiency in the administration of the code enforcement process; and to obtain a q of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the and I stipulate to their existence THEREFORE, it is agreed between i: 1) Pay operational costs in the days of this hearing. of this case within 30 2) Abate all violations by:ing Permit(s) or Demolition 120 days of this hearing orPermit, inspections, and Ce a fine of $250.00 per day will be 3) Turning off utilities for all unperm unoccupied until the building of this hearing and remaining has received a certificate of completion/occupancy or a fine of 250.00 imposed untilthe violation is abated d) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (24 hours notice shatl be by Phone or fax and made during the workweek. l, lhe violatioh is abated 24 hours prior lo a Saturday, Sunday or legal hotiday, then the nolili€tion must be made on lhe next day that is not a Saturday, Sunday or legal holiday.) 5) fhil if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Offlce to enforce the provisions of this agreement and all costs of owner. assessed to the prope rty COMES NOW, the undersigned, Alfredo Miralles, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120003627 dated the 12th day ofJune, 201& ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which i '-' ri, aba(ement shall be 0r-b' Respo ,*-/rY- (,V n)Diane Flagg, Director Code Enforcement 5.r5.\3 or of Violation are all required Co Co untilthe ce Dai6 (print)Date REV 1t2t13 ! 16.A.7.b Packet Pg. 1269 Attachment: Backup Documents (11342 : BCC v. Alfredo Miralles) INSTR 4999043 oR 5051- PG 814 RECoRDED 6/23/2OL4 4:46 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner,CASE NO.: CESD2O 120003627 vs. ALFREDO MIRALLES, Respondent THIS CAUSE came on for public Fines/Liens on May 22,2014,the therer.rpon issues its Findings of {"} ..'"| er'sMotion for Imposition ve t0 all appropriate malters 04-41, as amended, the lation covered the real property , more particularly described as Lots 3 the map or plat thereof as recorded in plat l. On May 23,2013, Collier Countv Land Development located at 108 White Way, Immokalee, and 4, in that certain subdivision known as Book 2, Page 102, ofthe Public Records ofColl found to be in r 0.02.06(BXl 2. An Order rvas entered on June 3,2013, which was recorded in the public Records of Collier County,Florida at OR 4931, PG 1665, et. seq. on June I l, 2013.3. An Affidavit,of Non-Compliance was filed with the Board by the Code Enforcement official onApril l, 20 I 4, which Affidavit certified under oath that the required coneitive action has not been taken as ordered.4- An Affidavit of Compliance was filed with the Board by the Code Enforcement Official on aptt :0,2014' which Affidavit certified under oath that part ofthe required corrective action has been taken as oidered.5. The violation has been partially abated as of May 27 ,2013 . ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter | 62, Floridastatutes, and collier county ordinance No.200744, as amended, it is hereby oRaERED: 1 . Petitioner's Motion for Imposition of Fines/Liens is granted.2. Daily fines of $250.00 per day are assessed against the Respondent for 60 days for the period from March 24, 2014toMay 22,2014 for a total amount of fines of $15,000,d0. . 3' Thepreviouslyassessedoperationalcostsof$80.86havenotbeenpaid. Theoperationalcostsare $64.34 for this hearing.4. Respondent is ordered to pay fines and costs in the total amount ofSI5,l45.20 or be subject to Noticeof Assessment of Lien against all properties owned by Respondent in Collier County, Florida. - --'--' 16.A.7.c Packet Pg. 1270 Attachment: Lien Order (11342 : BCC v. Alfredo Miralles) *** oR 5051 PG 815 *** DoNE AND oRDERED this 4 STATEOFFLORIDA I couNTY oo aorrrr*r"t' The foregoing instrument was acknow the Code Enforcement Department, release of lien or confirmation of may also be obtained at this APPEAL: Any aggrieved party may ofthe execution ofthe Order appealed. review of the record created within the transcribed 2014 at Collier County, Florida. Drive Florida r04 County, Florida, who is License as identifi cation. be u',tlt n-, B or conhrmation order of the paid at the Collier Counfy # (239)252-?343. Any obligations of this Order 00 a fax the Circuit Court rvithin thirry (30) days novo, but shall be limited to appellate lity of the appealing part,v to obtain arecord ofthe hearing from the Clerk of Fiiing an Appeal rvill not automatically stay the CERTIFICATE OF SERVICE not be a It isitho Board's Order, I HEREBY CERTIFY that a true and correct coov of this Miralles, 108 White Way, Immokalee,FL 34l42this 4 day of R has been sent by U. S. Mail to Alfiedo 2014. Bar No. 75031 I 681 Goodlette Road N., Sre.210 Naples, Florida 34012 (239)263-8206 S,aigoi r,.1Ja County of COLLIER t"J lJ, I HEREBY CE{.iT correct cop[ !.1 a Board Minutes a true and County thisr4&rya?#& CLERKOFCOURTS t' MY COMMISSION KAREN G EXPIRES DWIGHT E. D.C 16.A.7.c Packet Pg. 1271 Attachment: Lien Order (11342 : BCC v. Alfredo Miralles) 16.A.7.d Packet Pg. 1272 Attachment: Executed release (11342 : BCC v. Alfredo Miralles)