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Agenda 12/08/2020 Item #16A39 (Releasing Code Enforcement Liens)12/08/2020 EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens, with an accrued value of $431,700.23 for payment of $46,270.60 in the code enforcement actions titled, Board of County Commissioners v. Iris Labrie, relating to property located at 266 6th St W., Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release two code enforcement liens with an accrued value of $431,700.23 for payment of $46,270.60 in relation to Code Enforcement Board Case No. CESD20l30006l7l and Code Enforcement Special Magistrate Case No. CEPM20180015446. CONSIDERATIONS: As a result of various code violations, the Code Enforcement Board and the Code Enforcement Special Magistrate ordered the imposition of two (2) liens against Iris Labrie for property located at 266 6th St. W, Collier County, Florida. The lien in Case No. CESD20l30006l7l consisted of an expired permit without obtaining a Certificate of Completion. The lien was recorded in the Official Records on October 20, 2014, at O.R. Book 5086, Page 2253. The lien amount of $343,776.23 is based on 2,291 days of accrued fines ($150 per day from May 14, 2014 through September 2, 2020) $343,650 plus $126.23 in operational costs. The violation was abated on September 2, 2020, by the new owner. The lien in Case No. CEPM20180015446 consisted of an unsecured vacant dwelling with open windows, roof damage, and the property not being properly maintained. The lien was recorded in the Official Records on December 31, 2019, at O.R. Book 5712, Page 1278. The lien amount of $87,924 is based on 333 days of accrued fines ($250 per day from October 6, 2019 through September 2, 2020) $83,250 plus $224 in operational costs, and abatement costs of $4,450. The violation was abated on September 2, 2020, by the new owner. The property was acquired by Gus C. Panos and Jennifer G. Panos, via Warranty Deed recorded on August 18, 2020. Pursuant to Resolution No. 2012-46, a request for a reduction of fines may be considered, in part, when a lien encumbers property under new ownership, the new owner has diligently pursued abatement and achieved compliance, and/or when payment of the lien would impose a severe financial hardship on the owner. After the home was demolished, the Panos’s began to build their new forever home on the property. It took substantial amounts of time and money, with extensive follow up with County departments relating to permits, demolition of the home, new construction costs, and architect fees. The property is actively maintained, and the owner has paid $46,270.60 in settlement of fines. The owner is requesting a waiver of $385,429.63 in accrued fines. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $46,270.60 in settlement of fines and costs have been received. If approved by the Board, accrued fines in the amount of $385,429.63 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. JAK RECOMMENDATION: To waive the remaining fines in the amount of $385,429.63, accept payment 16.A.39 Packet Pg. 2059 12/08/2020 of settlement amount of $46,270.60, and authorize the Chair to sign the attached releases and satisfaction of liens for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. New Owner Letter (PDF) 2. Lien Orders (PDF) 3. Signed Releases (PDF) 4. Backup Documents (PDF) 16.A.39 Packet Pg. 2060 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.39 Doc ID: 14136 Item Summary: Recommendation to approve the release of two code enforcement liens, with an accrued value of $431,700.23 for payment of $46,270.60 in the code enforcement actions titled, Board of County Commissioners v. Iris Labrie, relating to property located at 266 6th St W., Collier County, Florida. Meeting Date: 12/08/2020 Prepared by: Title: – Code Enforcement Name: Dana Rarey 11/03/2020 12:16 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 11/03/2020 12:16 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 11/03/2020 12:47 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 11/03/2020 12:49 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 11/03/2020 2:23 PM Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 6:01 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/04/2020 9:10 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/04/2020 9:18 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 11:00 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 11/05/2020 8:56 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 16.A.39 Packet Pg. 2061 WOODS.WEIDENN/ILLER N/ICHETTI . RUDNICK September 24,2020 Via Certifled Mail and Electronic Mail: I liana. B urgosa(,co llierco untvll. gov Board of Collier County Commissioners c/o lliana Burgos. Operations Supervisor 3299 Tamiami Trail East, Suite 303 Naples. FL 34112-5746 RE: 266 W. 6rr'Street. Bonita Springs. FL 34134 (Parcel lD: 55901120005) (the "Property") Satisfaction of Code Enforcement Liens Dear Ms. Burgos and the Board of Collier County Commissioners: This lirm represents Mr. Gus G. Panos and Jennilbr G. Panos (collectively referred herein as "Owner"). Owner recently purchased the Property that closed on August 14, 2020. Upon receiving a title commitment and lien search report for the Property, our office became aware of several outstanding code enforcement liens against the Property: I . Code Enforcement Case No. CESD2Ol3000617l (as further referenced in Official Record Book 5025, Page 168 and Book 5086, Page 2253) ("Case No.6171"); 2. Code Enforcement Case No. CENA20180009974 (as further referenced in Official Record Book 5639, Page 2258) (''Case No. 9974"): 3. Code Enfbrcement Case No. CEPM2Ol800l5,146 (as further referenced in Official Record Book 5621 , Page I 687 and Book 5712, Page I 278) ("Case No . 5446"); 4. Code Enforcement Case No. CEPM2O190011460 (as further referenced in Official Record Book 5726. Page3249) ("Case No. 1460"); 5. Code Enlorcement Case No. CEPM2O160012781(as further referenced in Offlcial Record Book 5343. Page 868) ("Case No. 2784"): 6. Claim of Lien in favor of Scott G. Leeka as further referenced in Official Record Book 5768, Page 1203) ("Case No. 2784") ("Leeka Ctaim"). Fines lor Case No. 6171, which calculated through September 10,2020, are $34,1,976.23 and began lo accrue on May 27, 2015, which should be abated as of September 2, 2020 (See Certilicate ol'Occupancy at Permit No. PR4D20200832814) and in accordance should be reduced appropriately by the per diem fee ol$150.00. Fines for Case No. 9974, which calculated through September 8,2020, are $3,697.25, and which violation has been abated. Fines lbr Case No. 5446. which calculated through September 10,2020, are $89,924.00 and began to accrue on October 6. I 239.325.4070 16.A.39.a Packet Pg. 2062 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie) Page 2 of 3 September 23, 2020 2019, which should also now be abated as of September 2,2020. CaseNos. 1460 and 2784both carry a $0.00 balance and have been abated. There were also several expired and/or voided permits assisted with the Prope(y (Nos. 2001041543,1999031789,910004858, and 20120101674) and it is our understanding that, since demolition ol the Property has been finalized and certillcate of completion issued, this should no longer be an issue. Ifnot, Owner is requesting that these permits be formally closed. Owner. after purchasing the Property, took immediate action to begin demolition and the Board of Collier County Commissioners ("Board") issued a certificate of completion less than one month after closing (see above). Pursuant to Resolution No. 2012-46 (4), a settlement ofthe above code enforcement cases can be considered after the Director of the Code Enfbrcement Department evaluates the following factors: (1) the fine/lien amount is fixed and no longer accruing on a periodic basis (correct); (2) the underlying violation(s) resulting in the llne/lien has been abated or corrected (correct); (3) history of violations involving the offering party (N/A); (4) for code enforcement liens and fines on a property that has new otvnership, fines that accrued prior to transfer of title and thirty days following transfer of title would be considered for waiver so long as the new owner has diligently pursued abatement and compliance has been achieved; (5) the extent to which payment ofthe full lien amount would impose a severe financial hardship ol the property owner; tines accrued by an existing owner would be considered fbr a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved: and (6) the amount recovered will equal or exceed the costs and expenses incurred by the County in prosecuting the violation and obtaining, recording, and enforcing the flne/lien (correct). Owner did not purchase the Property until August 14,2020. Accordingly. remirting payment lbr the full lien amounts u,ould pose a significant llnancial hardship on Owner. As llnes that accrued prior to transfer of title to Owner and thirty (30) days following transfer of title can be considered for waiver, Owner respectfully requests the following from the Board: Case No. 617l . Partial waiver in the amount of $294.976.23. r Full and complete release of lien. Owner shall remit a settlement payment in the amount of$50.000.00 and shall be responsible ior any and all costs incurred by Collier Count) in processing the release of lien and further withdrawal of this violation. Case No. 9974o Full and complete waiver in the amount of $3,697.25.o Full and complete release oflien. Owner shall be responsible fbr any and all costs incurred by Collier County in processing the release of lien and further withdrawal ofthis violation. Case No. 5{,16. Full and complete waiver in the amount of $89,924.00.o Full and complete release oflien. Owner shall be responsible loranyandall costs incurred by Collier County in processing the release oflien and further withdrawal ofthis violation. Case No. 5446 16.A.39.a Packet Pg. 2063 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie) Page 3 of 3 September 23, 2020 Full and complete release and satisfaction of lien. Owner shall be responsible for any and all costs incurred by collier county in processing the release of lien and further withdrawal of this violation. Case No. 5J{6 Full and complete release and satisfaction of lien. owner shall be responsible fbr any and all costs incurred by collier county in processing the release of lien and further withdrawal of this violation. Lccka Claim Please find attached letter from Mr. Leeka, which claim of lien Owner satisfied at closing. If you have any questions, comments or require additional information in consideration for this request, please feel free to contact me. Thank you very much for yourtime and consideration. Very truly yours, Woods. Weid Mic . & Ruclnick. LLI' Josh udnick, Esq. JDtujaa CC: Client Samuel F. Colbum scolbum6la wfirmnaples.com r:Vudnick\p\panos\code enforcemcnt lctcr to cq.docy 16.A.39.a Packet Pg. 2064 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie) September 15,2020 Property Address: 266 w 6th st Bonita Springs John Conneta went above and beyond in herping me with the issues on this property. He had been trying to herp rris La Brie for severar years to resorve the probrems with the property. rt is rare to find someone in his position that cares about peopre and the issues they face in rife. He shourd be nominated for some form of accoladel Life would be so much easier if people conducted their difficult jobs in a manner like he does. Sincerely, Scott Leeka 239-206-7927 Dear Iliana Burgos, Thank you for speaking with me on Monday, september 14, 2020. Just to recap our conversation... My wife and I have known lris La Brie for several years. she is an elderly widow that lost her husband in 2006, due to a car accident, that also left her physically disabled and financially strapped. ln May of this year, she confided in us that she was about to rose this property for fairure to pay the property taxes for the last 3 years. we decided to step in and see what we courd do to herp her. Upon research of the property, we also discovered the fines and penarties, that were arso accruing. we agreed to rend her the money to pay for the property taxes, with the stipulation that the property be sold, as she could no longer afford to keep going like this. Her income is solely social security. lthen met with John conneta, with code Enforcement and decided how to begin sorving the numerous probrems with the property. r was abre to find a buyer, Gus Panos, that was wi[ing to work through afl the issues rerated to this property. The property was sord to him on August !4,2020 and was quickly demolished by Hoch Demolition (case #cEpM20180015446). A new certificate of occupancy was placed on the property by John conneta. The buyer, Gus panos, will be reaching out to work through the settlement. 16.A.39.a Packet Pg. 2065 Attachment: New Owner Letter (14136 : BCC v. Iris Labrie) rNsTR 5810118 oR 57L2 PG l-278 RECoRDED L2/3L/20!9 L1:L3 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc J27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. {EPM20t80015446 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, IRIS LABRIE, Respondent. THIS CAUSE came bd for Imposition of Fines/Liens respective to all appropriate ofthe Special Magistrate, as fo 5. Daily fines to Decamber 6,2019(62 !t (:61 TE e ind the Petitioner's Motion having heard argument sions of Law and Order s: AND 1. Respondent, IRIS LABRIE, Bonita Springs, Florida 34134, F s60 o property located at 266 6d Street W, o 2 3 On April 5, 2019, Respondent was found guilty ofviolation ofthe Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-23 l( I 2)(c),22-ZZ8(I) and 22-242 which occurred on the subject property. An order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 5, 2019, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (See attached copy ofthe Order, recorded at Collier County Records, OR 5621 PG 1687). Previously assessed operational cosb of$112,30 incurred by the County in the prosecution of this case and the abatement costs of$4,450.00 incurred by the County in boarding up the property haye not been paid. 4 r day may be assessed against Respondent for the period October 6, 2019 days) for a total amount oftines of$15,500.00, Fines continue to accruo. 6 $50. Respondent, having been duly noticed for rhe public hearing regarding the county's Motion, didnot appear at the public hearing and no legal defense 1o the Moiion wis presentej. 16.A.39.b Packet Pg. 2066 Attachment: Lien Orders (14136 : BCC v. Iris Labrie) oR 5712 PG L279 E, I, Cr/stal ; (i D. Respondent shall 7 No Request for Re-hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been timely filed. 8. The violation was not abated as of December 6, 2019, the date Pctitioner's Motion was heard ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. Daily fines of$250.00 per day are assessed against Respondent for the period from October 6, 2019 to December 6, 2019 (62 days), for a total amount of frnes of$15,500.00. Fines continue to accrue. C, Respondent shall nal cosls ofSl12.30 and the abatement costs boarding up the property. B Respondent is to Notice of A Respondent in Col DONE AI\D ORDERED this for,Collie, county Li i) a tt st y ofDecember m position of Fines hearing in the t of $2!JZ4q0 or be subject an4 personal, owned by Collier County, Florida. EOLLII9,R COUNTY COD SPECIAL MAGISTRATf, E ENFORCEMENT a tle r;rd @.led ent Di 2440, or www.coll[e,rgov.net. satisfaction of the obligations Clert AC. G o Any fines ordered to be paid pursuant to this order may be paid at the Collier vision,2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- Any release of lien or confirmation of compliance or confirmation of the ofthis order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order ofthe Special Magisaate to the circuit court within thirty (30) days of the execution of the order appealed. An appeal shall not be aheaing de novo but shall be limited to appellate revie\tr of the record created within the original hea ng. It is rhe responsibility ofthe appealing party to obtain a transcribed record ofthe hearing fiom the Cleik of Couts. Filing an Appeal will not automatically stay the Special Magistrate,s Order. amoutrt of$111.70i /'*-_---.J_i 16.A.39.b Packet Pg. 2067 Attachment: Lien Orders (14136 : BCC v. Iris Labrie) *** oR 5712 PG 1280 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MACISTRATE, has been sent by U.S. Mail on this l9 day ofDecember,20l9lo Respondent, Iris Labrie, PO Box 2365, Bonita Springs, FL 34133. Code ial -) (I'l\ ,d4nqs 16.A.39.b Packet Pg. 2068 Attachment: Lien Orders (14136 : BCC v. Iris Labrie) rNsrR 5042204 oR 5086 PG 2253 RECORDED LO/2O/2O1'4 8:01 aM PAG€S 2 DWIGHT E. AROC(, CLERK OF THE CIRCUIT COURT' COLLIER COUNTY FLORIDA REc J18.50 COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY CODE ENFORCEMENT BOARD Case No. - CESD20l30006l7l BOAR"D OF COUNry COMMISSIONERS COLLIER COUNTY, FLORIDA, Petiliorler, vs. IRIS LABRIE, RespondenL I,R CO!.LJ THIS CAUSE carne befor! Fines/Liens on Scptember 25, 2014, appropriate ma$ers, hereupon issf es upon Petitioner's Molion for Imposition argu ment respective to all Board, as follorvs: County Land Dcvelopment Code I f I l. On March 27,2014, Rc rvas found guilty of 04-41, as amended, Sectio 6(BX l)(A) for Perm Certificate of Complction o 6th St W, Bonita Springs, FL, 101674 expirod without obtaining witnessed, which v occured on the propeny located at 266 120005 o : LITTLE HICKORY SHOR-ES T'NIT2 BLK E LOT I8 OR I53 tta 2. An Otdcr \ras cntered by the Code Enforcemenl Board ordcring Respondent to abate the violation on or bcfore May 26, 2014, or a fire of$ 150.00 per day would bc asscssed for each day thc violations continue thereafrer until abatemcnt is confirmcd. (A copy ofthe Order is recorded at OR i025 pc 168). 3. Operational costs ofs63.?4 incurred by the County in rhe prosccution ofthis case were ordered to be paid. 4. Respondeot, having been duly noriced forrhe public hearing regarding the County's Motion, did not appear at the public hearing, and no legal defense to the Motion rvis prcsented. 5. No Request for Re'hearing or Appcal pursuanr to ordinance 2007-44, as amendcd, has been timcly filed. 6. The violation has not been abated as ofthe date ofthe hearing. ORDER - Ba:e! lqon lhe foregoing Findings-ofract, and pursuant to the aurhority granred in chapter 162, FroridaStatutcs, ard Collicr County Ordinance No. 2007-44, as amended, it is hereby ORDERED: A. Petitioner's Motion for lmposition ofFine&/Liens is granted. B' D.airy-fines of $ 150 00 per day are assesscd against thc Respondents for r 22 days for the period behveenMay 27, 2014 to Seprembet Z5,2Ot4 (t22 dirys) for a rotat'fine sm;uni of S t g,:OO.OO ./,/ ( I 16.A.39.b Packet Pg. 2069 Attachment: Lien Orders (14136 : BCC v. Iris Labrie) *** oR 5086 PG 2254 *** C. Respondcnt shall pay thc previously assesscd operalional costs in the amount of$63.74. D. Respondent shall pay operational costs for the lmposition of Fines hcaring in the amount of $62.49. E. Rcspondent is ordered to pay fines and costs in rhe rotal amount ofg.!Ll2q23 or be subject to Notice of Assessmcnt ofLien against all propertics orvned by Respondent in Colliar County, Florida. F. The daily line ofsl50.00 shall cootirue to ac€rue until abatement has been confirmed by a Collicr County Codc Enforcement Investigator. DONE AND oRDERED this 13 da y o@lfoffiouar colier coqrry, Frorida. STATE OF FLORIDA couNTY oF coLLrER) N me NO My co nEx MENT BOA e Drive 104 ou , Florida, who is 's Llcense as identification R -- 1<:,/;)> \,__ n -:/;/ ) )ss, ay KAREN G BAILEY MY COMMISSIoN { E8875121 EXPIRES F.b'uaIY 11, 2017 PAYMENT OF FINES: Any fines Code Enforcemcnt D€partment, 2800 rvww.colliergov.nct. Any release of li be paid pursuant to may be paid at rhe Collier County 4104, Phone: (239) 252-2440, Website: or confirmalion ofthe satisfaction ofthe CERTIFICATE OF SERVICE en or B APPEALi Any a8gr,icved party may appeal a final order of(he Board to rhe Circuit Cou( tyithin thirry (j0) days ofthecxecurion ofthe orde, appealed. An appeat-shall notte a hearing de novo, but shall be limired ro;piailt.' -' revielv ofthe record created within tie original hearing. It is the responsibirity of ttre appearing partyi;li;;a transctibed rccord ofthe hearing from rhc Clerk ofCourts. Filing an Appeal ivill not automatiluity iroy it . rio".a',Order. obligalions ofthis Ordcr may also bc oblaired I HEREBY CERTIFY that a true and correcr c opy of this ORDE becn sent by U. S. Mailto lrisLabrie, P. O. Box 2365, Bonita Springs, Florida 34 -Ba"y"20t4. State cl FJorida Lynne Nicola,qurre Florida Bar No. 968900 Attorney for the Code Enforcement Board 681 Goodlene Road N., Ste. 2lO Naples, Florida 340t2 (239) 26t.f909 2 Y DE ENFO LLIER C v 16.A.39.b Packet Pg. 2070 Attachment: Lien Orders (14136 : BCC v. Iris Labrie) 16.A.39.c Packet Pg. 2071 Attachment: Signed Releases (14136 : BCC v. Iris Labrie) 16.A.39.c Packet Pg. 2072 Attachment: Signed Releases (14136 : BCC v. Iris Labrie) Iris Labrie Case CESD20l30006l7l 266 6'h St W, Bonita Springs, FL 34134 Folio # 55901120005 Permit PRBD2Ol20l0l674 expired without obtaining CO Order ltems: $150/day find. x 172 days (May 27, 2014 - September 25,2014\ = $18,300, plus operational costs of$63.74 plus IOF operational costs of$62.49 Total Fines: $18,426.23 FOF Order OR 5025/PC 168 recorded on 4/9/14 IOF Order OR 5086/PG 2253 recorded on l0/20114 Y iolation abated: 9/2120 Fines accrued after IOF: Order ltems: $150/day fine x 2,169 days (September 26,2014 - September 2,2020) = $325,350.00 Total Fines Owed: $343.776.23 Deed recorded on 8/18/20, and case is in compliance as of 912120 Case Cf,PM2O180015446 Unsecured dwelling, roofdamage, property not being maintained Order Items: $250/day fine x 62 days (October 6, 2019 - December 6,2019) = $15,500, plus operational costs of $l 12.30 plus IOF operational costs of $1 I I .70, plus abatement costs (boarding) of$4,450.00 Total Fines: $20,174 FOF Order OR 5621/PC 1687 recorded on 4l24l19 IOF Order OR 57lzlPc 1278 recorded on l2l31/19 Violation abated: 9 12/20 Fines accrued after IOF: Order Items: $250/day fine x 27 I days (December 7, 20 I9 - Septemb er 2,2020) = g67 ,j 50 Total Fines Owed: $87J24 Deed recorded on 8/18/20, and case is in compliance as of9/2/20 16.A.39.d Packet Pg. 2073 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) NA Case C Lien OR reduced:AJ.i','',, R.\.qse egetative debris and nrisc. litter 6t8n9 I 514.40 : 53729.40 ($50,000 Olfer ofsettlement: $46,270.60 ($41'470.37 fine + $126.23 CESD20l30006l7l costs + $4,674 CEPM20l800l5446 costs) ACCRUED VALUE: $431.700.23 PAYMENT OF: 546270.60 TOTAL FINES TO BE WAMD: $385.429.63 16.A.39.d Packet Pg. 2074 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) Collier County Growth Management Division 2800 Horseshoe Drive N Naples, FL 341A4 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Pa id: Amount Due: Payment Details: Amount Pa id: Change ,/ Overage: Contact: FEE DETAILS: Fee Descriotion Code Enforce ment Board Cashier Name: Batch Number: Entered By: 2020777677 2020-087975 t0/06/2020 $325,350.00 Pavment Method Check Reference Number cESD20130006171 Amount Paid $23,770.37 GL Account 111- 13891 1-354400 $23,77O.37 $0.00 Woods, Weidenmiller, Michetti & Rudnick 9045 Strada Stell Court, Suite 400 Naples, FL 34109 oriqinal Fee $ 32 s,3 s0,0 0 Amount Paid $23,r7O.37 Check Number 74232 Richa rd Koenigsknecht 95 36 IlianaBurgos 16.A.39.d Packet Pg. 2075 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) 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 Descriotion Operational Costs (CEB) Operational Costs (CEB) Code Enforcement Board Cashier Name: Batch Number: Entered By: 2020777674 2020-082922 L0/06/2020 $t8,426.23 Pavment Method Check Reference Number Amount Paid $t8,426.23 Check Number t4232 GL Accou nt $t8,426.23 $0.00 Woods, Weidenmiller, lvlichetti & Rudnick 9045 Strada Stell Court, Suite 400 Naples, FL 34109 cE5D20130006171 cESD20130006171 cEsD20130006171 Oriqinal Fee $63.74 $ 62,49 $18,300,00 Amount Paid $63.74 $62.49 $ 18,30 0,0 0 111- 138911-354400 111- 138911-354400 1 11- 13891 1-354400 Richard Koen igsknecht 9536 KerryAdams 16.A.39.d Packet Pg. 2076 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Numberr Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: change / Overage: Contact: FEE DETAILS: Fee Description Operational Costs (SM) Clear Lot Operational Costs (S14 ) Cashier Name: Batch Number: Entered By: 2020777672 2020-082920 L0106/2020 $4,674.O0 Pavment Method Check Amount Paid $4,674.00 Check Number 74232 GL Account $4,674.0O $0.00 Woods, Weidenmiller, Michetti & Rudnick 9045 Strada Stell Court, Suite 400 Na ples, FL 34109 Reference Number cEP[.120180015446 cEPM20180015446 cEPM20180015446 Oriqinal Fee $112.30 $4,4 50.0 0 $111.70 Amount Paid $112.30 $4,4s0.00 $ 1 11.70 111- 138911-343922 111- 138911-343908 111- 138911-343922 Richa rd Koen igsknecht 9536 HelenBuchillon 16.A.39.d Packet Pg. 2077 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) Details Page 2 of3 14134 Property Summary Property Oetail Aerial Sketches Trim Notices Parcel No 55901 120005 Name / Address PANOS, GUS C=& JENNIFER G 266 6TH ST W City BONITA SPR|NG5 BONITAtttt ttv sPRlNGs Site Zone "Note Site 266 Address 6TH ST*Disclaimer W Map No. 3A05 Section 5 Range 25 Strap No. 468400 E 183A05 Acres *Estimated 0.37 Township 48 Zip 34134 Legal LITTLE HICKORY SHORES UNIT 2 BLK E LOT 18 OR 1539 PG 249 MillageAreaO 170 Sub./Condo 468400 - LITTLE HICKORY SHORES UNIT 2 Use Code O 1 - SINGIE FAMILY RESIDENTIAL Latest Sales History (Not all Sales are litted due to Confidentiality) Date Book-Page Amount o8/14/2O 5803-1569 $ 1,250,000 06122190 1s39-249 $ 0 06/01/78 736-1',t62 $ 0 03/01/65 190-417 S 0 Millage Rates O *Calculations School Other Total 5.016 5.7924 10.8084 2020 Preliminary Tax Roll (Subje.r to Change) Land Value g 604,485 (+) lmproved Value g 161,154 (=) Market Value $ 765,639 (-) Save our Home $ 357,367 (=) Assessed Value $ 4OA,Z7Z (-) Homestead $ 25,000 1=1 School Taxable Value $ 383,272 (-) Additional Homestead $ 25,OOO 1=1 Taxable Vafue $ gSa,ZTZ It all Valuer shown above equal O this parcel was created after the Final Tax Roll http://www.collierappraiser.com/main_sealclVRecordDetail.html?sid:596985281&ccpave... 911812020 State FL 16.A.39.d Packet Pg. 2078 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) Name of Requestor: Jacalyn Hendricks Company: Paradise Coast Title & Escrow Date: August 7,2020 Our Department received a request for a payofffor property address: 266 6'h St W Folio Number: 5s901120005 Owner's Name: Iris Labrie Soecial Notes: lt rs strongly recommended that you check the Public Records of collier county for more ,iorm"tion regardtess of th6 iesults below. This and other offices may have items pending against this ;r#,!-;" ;;;;_ a pubtic records request via the internet, visit the colier county cterk of courts Website at www.collierclerk.com. TYPE (ex. OSM, CEB) CASE # CESD20130006171: OPen case for expired permit Order OR 5025 PG 168 Lien OR 5086 PG 2253 Violation remains C[,NA20180009974: Lot mowing and litter removal Lien OR 5639 PG 2258 - 618/19 Violation atrated CEPM20180015446: OPen case for unsecured dwelling with oPen windows, roof damage and the property has not been maintained OrderOR562l PG 1687 Lien OR 5712 PG 1278 Violation remains Continued to Page 2 AMOIINT OWED 5/+#761{ carcu lated th rou gh 5not2o . $126.23 Operational costs . $150.00 per da1 lor 2.299 days ^ 1 Tfrom 5!27114 ro9flfr/frT : 1l =s344,850.00 Fines will continue to accrue dailv until abatement has been confirmed by Collier Counti Code Enforcement. $3,697.25 calculated through 9/08/20 . $3,21 5,00: Lien amount . $482.25: lnterest accrue $89 calculated through 9/I0/20 $224.00 Operational costs $4,450.00 Boarding costs $250.00 per day for 341 daYs ql (lrom l0/6/ I -$85.250.00 9to9/ Fines will continue to accrue daily until abatemcnt has been confirmed by Collier County Code Enforcement. Interest will continue to accruc at I 7o monthly until paid in full. (- 16.A.39.d Packet Pg. 2079 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) CEPM20l900l 1460: Koi pond is not being properly maintained and the water in the pond is green in color Order OR 5726 PG 3249 $0 Balance . Operational costs paid o The motion for imposition of tlnes/liens was denied. No fines were imposed. Violation abated CEPM20160012784: Koi pond is not being properly maintained and the water in the pond is green in color Respondent's motion for continuance granted - Order OR 5343 PG 868 and case withdrawn $0 Balance o No hearing/Case was withdrawn Violation abated lnformation Provided By:Marie Cheri Please make check payable to Collier County Board of County Commissioners (CCBCC) Our mailing address is: Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 C ?F-(-"Itt 16.A.39.d Packet Pg. 2080 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) 265 5TH 5T \ij Hrrtoric O,&ner LABRIE, lRlS, Addre15rPO 8OX 2365 Hrstonc O\rner LAARIE, tRIS,ACd.tst:POgOX 2365, Phon l.ll'toflc Owner LABRIE, lRI5, AdC.et5:pO 8OX 2365, Phon IIE-Par.el No. Add.e!s(es) lsssor rzooos Vllw Atcr:s on tht5 P.oorrw Open Al.rtsi O Add a ncw q!!!g! or b!:E!!: to Addr.J! Eook Show Me Date PardArrE!rnt Amourn PdidFeIywReference Nurrier CESO2n 13,1n06 L:1 $ 320.00 3 :.600. n0 5 100.00 s 95.00 Opcrational Costs (CEB) Clear Lot NA Lren Admin Operatronal Costs (51'1i cle.r Lot cENA:018in899?{ - E!l'!-li=i -i! : c EP r,r20 r 30015 445 C ENA201q00,l g6 7,1 PR8O2012n101674 0. 11/01r'2019 s 13.10 0 $ ?50.00 5111.80 perational Cort5 (Sl"1,i DeL .<ca CEFt!20180015{.16 Oper.tionaltosts(51"1) CEPt12Drentr54.l5 Specral Magictrate Operational Coets (SI'1)cEPM20190D 11460 Structural Fee - Re5rdentral - Applceticn (Vai,Jdi.o" = s 0.00 Codc Eoforcement Board 9 11A.AO 0l/27/2otzs1.l0.r'10 NA Admin ($1.00) 5 r.t. ! r-1 Lot Mowing Lot Dtow!ng Clear LotC E l,l,i:01S 0 i'l99i { C E NA2018 0 (r09971 5 111.70 5 0-00. < 1q snn nn < n nn I 9,oo . $ 0,00 . . ! 0100, _ 5 0.00 5 111.70 S 111.7 + i n\ c'rcst $ 4,450.00 Amount Owing I Amount Pard 5.t 1,815.2 3 s1,676.80 De:cription L Quantity Jr.oo Fec Paydble? Entersd By Fcc Pard, Kerry Adams Oate Due Date Ent.red 0?3v 20 r 4 Paymerts Anoi,,rt Paid I Aco,ytt i Pattr,elt Mc,thod C$eck i ] Rc.-n r Baicn s lTrarsecironl 0.1c Faid Paid Ey / Is Property Information Re fre sh PANOS, GUS C &]ENNIFER G, .60nita sprinqs6th sr I I opc..tio[al Costs (cEB) \ I I l l ( i 53.74 $ 0.00 I I I I 16.A.39.d Packet Pg. 2081 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) I INSTR 5910038 oR 5803 PG 1669 RECoRDED 8/Lq/2929 2io1 PM PAGES 2 Zi;Ri oF-iii cfRcurr couRT rt'lo cor'lprnorr-eR, coLLrER couNTY FLoRTDA ooco. zo $e,zso.00 REC $18.50 coNs $1,250,000.00 Prcpared bv 'Sam J Saad UI Lav Office ofsam J Saad I1l 2670 ArrpottRd S Naples, FL 34112 (239) 963-163s Frle No 2020-t 1547 Conslderatron $ 1,250,000 00 Parcel Ideohficahon No 5590t 120005 Ah.vc T!6 Lff For Reol(ll!3 Subject to taxes for 2020 atrd subs hmrtatrons of record, lf any Together with all the tenements,mcnts aod WARRANTY DEED , not yet due and or rn anywrse apPedalnlng ts, restrrctlons, easements, reseryatlons and And GraDtor hereby covenants wlth the Grantees that the Grantor rs lawfully serzed ofsald land ln fee simple, that Gmntor has sood nsht atrd lawful authonty to sell and convey sald land and that the Gmntor hereby fully wsrrants the htle to sard land and wrlliefend-the same agamst lbe lawful clalms ofall persons whomsoevcr To IIAVE AND TO HOLD the same rn fee F .No 2020-11547 Page I of2 (ST,\TUTORY FORM _ SECTION 689 02, F S ) husband atrd wife, Grantees Witnesseth, rn Colher County, Flonda, to-wrt Lot 18, Block E, Urut No ! ! ,i*l 16.A.39.d Packet Pg. 2082 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) iil ol.,58o3 pe 7670 *** In Witness Whereof, Granlor has he'€unto set Grantot's hand and seal the day and year first above '*Trtten Stgned, sealed and dellered n our pr*ence WA Wltness #l Slgnatur PnntedN Name STATE OF FLORIDA COUNTY OF COLLTER Irrs LaBrte tr' gesence or ( ) onhn" no*-,ron *," I 4 Jk, o' The foregotng August, 2020, mstrument was aclarowledged befole me LaBne SI Pubhc PEnt, T,?e/StamP Name o f Notaty Persooally K:rown -- OR T)!e ofldentrficatron Produced I f- *1 tl.ftt (_rU SA[i J SAAD III * GC 227713 @o}t't 12.in22 F cNo 2020-1154? WarrrntY Deed Page 2 of2 I 1. il 16.A.39.d Packet Pg. 2083 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) Bu oslliana From: Sent: To: Cc: Burgoslliana Monday, September 28,2020 'l'0:22 AM 'Samuel F Colburn' Jrudnick@ lawf irmnaples.com'; Jandrews@lawf irmnaples.com'; 'strombley@lawfirmnaples.com'; DavidsonColleen RE: Code Enforcement Letter: 266 W. 6th Street, Bonita Springs, FL 34134Subject: Good morning Samuel, The offer ofsettlement has been accepted as the recommendation for BCC approval. S50,000 offer 3 7 29.40 NA lien (OR 5639 PG 2258). Release of lien will be processed 546,27O.60 546,270.60 547,470.37 fine + $126.23 costs for case CESD20130006171 + 54,674 costs for case CEPM20180015446) Once the payment is received, we will continue to move forward with seeking BCC approval to reduce the fines and release the lien for cases CESD2O130006171" and CEPM20180015446. ltems that are added to the Board of County Commissioners' meetings are reviewed by 5 levels including the County Attorney's Office and the County Manager's Office. Any item can be pulled from an agenda at any time. Please forward the payment at your earliest convenience. Checks are made payable to Collier County Board of County Commlssioners (CCBCC) and sent to to my attention at the address below: lliana Burgos Code Enforcement 2800 N Horseshoe Dr Naples, FL 34104 Please contact me if you have any questions. Respectfully, lliana Burgos Operations Supervisor urit. Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-6865 lliana.Burgos@ colliercountvfl.sov NOIf; Emoil Address Hos Chonged 'HOW ARE WE DOING?" Pleose CLICK HERE to fill out a CUSTOMER SURVEY. wc aPPrcclate aour ftedbackt 1 16.A.39.d Packet Pg. 2084 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) COLLIER COUNTY BOARD OF COUNTY GOMMISSIONERS GERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certirying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMITNBR: PR8D2020081281401 CO NBR:STATUS: Finaled COMP ISSUED DATE:September 02, 2020 266 6lh S'I W. Bonua Springs SUBDIVISION: LOT:B LOCK:T.R.S SLUC CODE:UTILITY COMPANY: JOB DESC: Com plete demolition of house and driveway 266 6th ST Vy', Bonita Springs NUMBER O F METERS: OWNER: LABRIE, IRIS LEGAL DESCRIPTION LITTLE HICKORY SHORES UNIT 2 BLK E LOT 18 0R 1539 PC 249 Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any cerlificate or prior date. CO TYPE: ADDRESS: 16.A.39.d Packet Pg. 2085 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) col-l-t ER col-r :{Ty. }'LoRlDA OT'I'ICg OI''THE SPECIAL MAC ISTRATE osM cAsE No. cEPM2ol E00 r s{J6 COI-I-IER COIJNTY BOARD OF COtiNTY COMMISSIONnRS. PetitioDer lris l,abrie. l)etendan((s) SI'AI1] OtI ILORIDA COI JNTY Of COI-I-IER BUFORti M['.. thc undersigned authoritl. personalll appeared John Connetta. Code Enfbrcenrent Ol]lcial for the Hearing before the Special Magisrate o1 ( ollier Coung'. who after bcing fulll sworn. dcposes and says: L That on April 5'r'2019, the Special MaSistrate held a hearing and issued an Order in rhe above-sD.led matler and stated that Defendant(s) rvas to abate all violations as stated in the Order ol the Special Magistrare recorded in the public records of Collier Counq, Florida in OI{ Book 5621 PCl687. 1. 'l'hat the respondent did contact the investigator 3- 'l'hat a re-inspection was perhrnnetl on Ssptember 2"d.2020. ,1. That the re-inspection(s) revealed that the correctiyc action ordered b1 the Special Magistrate rvas in compliancc by Obuining Collier County Dernolition Perm ir #PI{8D20200832S 140 I and removing the structure l'rom the propcrty. I)emolition permit was Coed on Septcrnber 1,,,r, 1020. I:URTHER ATFIANI' SAYI.]'I't I NOI'. DATED this l"'i day of Septernber. 202Q ('ol_l-ll1R couN't y. [:l.oR.rr)A AR ('l A MAGISI'RAI'I: nnetta C'forcernent Ofticial J STATE OF FI,ORIDA COUNTY OIT COLLIER Srtorn to (or aflrmed) and subscribed belbre nre this 2nd day-' ofSeptember 20]! b-v John Connena. (Signature ofN olary Pu blic) ( Itrint 'TyperStam p Comm issioned Namc of Notar_r Public ) iffi ELENA M G0\ZArZ CommissionfGG 30i71{ Expi'es Matdl4,2023 6.nj.d r]!! gi!.t liobtY S{rt i Peisonally known _ REV 1-14-16 .\NF I I),\\I IT OI' CO}IPLIA\C'E 16.A.39.d Packet Pg. 2086 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) rNsrR 5810118 oR 5712 PG 1278 RECoRDED L2/3L/2Oa9 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLTER COUNTY FLORIOA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -{EPM20180015446 BOARD OT COUNTY COMMISSIONERS COLLTf, R COUNTY, FLORIDA, Petitioner, vs. IRIS LABRIE, Respondent for lmposition of FineVliens respective to all appropriate m ofthe Special Magistrate, as fo FIN l. Respondent, IRIS LABRIE, i the Bonita Springs, Florida 34134, Fo .issSo i hearipg upon the Petitioner's Motion f Law and Order OF property located at 266 66 Stre€t W, THIS CAUSE came n1 S (r() TANDC N 2 ind 2 On April 5,2019, Respondent was found guilty ofviolation ofthe Collier County Code ofLaws and Ordinances, Chapter 22, Article VI, Section 22-23 l(12)(c), 22-228(l) ar,d 22-242 which occurred on the subject property. An Order was entercd by the Special Magistrate ordering Respondent to abate the viol.tion on or before October 5, 2019, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (See attached copy ofthe Ordor, recorded at Collier County Records, OR 5621 PC 1687). Previously assessed operatiotral costs of $112.30 incurred by the County in the prosecution of this case and the abatement cosb of$4y'50.00 incurred by the County in boarding up the property have not been paid. 4 5. Daily fines day may be assessed against Respondent for the period October 6, 2019 to December 6, 2019(62 dsys) for a total amount of fine,s of$15,500.00, Fines continue to accrue Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was prescntcd. 6 having heard argument 16.A.39.d Packet Pg. 2087 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) oR 57].2 Pc L279 E I CnFtal;i. (i D. Respondent shall a pay amount of $111. Respondent is to Notice of A ,7 No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. 8. The violation was not abated as ofDecember 6, 2019, the date Petitioner's Motion vr'as heard ORDER Petitioner's Motion for Imposition of Fines/Liens is GRANTED. Daily fines of$250.00 per day are assessed against Respondent for the period from October 6, 2019 to December 6, 2019 (62 days), for a total amount offines of$15,500.00. Fines continue to accrue. C. Respondent shall pay the d;"6 onal costs ofSl12.30 and the abatement costs of $4 dbv the boarding up the property. B. costs for today'sition of Fines hearing in the--.---J' t of Sf!,f,!!Q! or be subject Respondent in Col DONE AND ORDERED this {orrolligt county , irug eid coarect Clerk AC.G o Any fines ordered to be paid pursuant to this order may be paid at the Collier Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440, oi www.colllprgov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction ofthe obligations ofthis order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order ofthe Speci&l Magistrate to the Circuit Court within thirty (30) days ofthe execution of the Order appealed. An appeal shall not be a hearitg de novo but shall be limited to appellete review of the record created within the original hearing. lt is the resPonsibility ofthe appealing party to obtain a transcribed record ofthe hearing fiom the Clerk ofCourts. Filing an Appeal will not automatically stay the Special Magistrate's Order. Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Ststutes, and Collier County Ordinance No. 2007-44, as amended, IT IS TIEREBY ORDERED: I t.cl ENtr'ORCEMENT 16.A.39.d Packet Pg. 2088 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) *** oR 5712 PG 1280 r*r CERTIFICATE OF SERVICE I HEREBY CERTTFY that a true and conect copy of this ORDER OF THE SPECIAL MACISTRATE, has been sent by U.S. Mail on this l9 day ofDecember,20l9 to Respondent, Iris Labrie, PO Box 2365, Bonita Springs, FL 34133. Code cial ra I,R C6-; {li w/' 4,\\1- l,rf\ *------\'" i Il 16.A.39.d Packet Pg. 2089 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) rNsrR 5702255 oR 5621 PG 1687 RECORDED 4/24/2OL9 10:23 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUMTY FLORIDA REC $18. 50 COLLIER COUNTYCODE ENTORCEMENT SPECIAI, M GISTRATE Case No. - C8PM20180015446 vs. BOARI} OF COUNTY COMMISSIONERS COLLIER COTINTY, FLORIDA, Pclitioncr, IRIS LABRIE Respordcnt. oRt) t:.(l {ji E SPECI (***1*- ORDER .,"\ E THIS CAUSE came on fo Special Magistratg having headt t to all appmpriate maners, follows: bt ore Specia islrate on April 5,2019, and rhc and hcard argument respeclive of thc Special Magistrate, as r u J- Fo th {, GS fo N rowne 5 bjsu rh RI was t, t h Rcsponden Responden Magislrate 2. as f f o o n fied tocl LA no risd ti S uj mail and posting and the Special 3- Respondent, having been duly notified, did not appcar at the public hearing. 4. The real property located at 266 6d street west, Bonita springs, FL, Folio #5590r r20005 is inviolation ofcollicr county t aw-s-& ordinances, chaptei22, -Articlc vr, Sectio n zz-zltiixil, Section 220228(l ) and Section 22-242 in the follorving particulars: Unsecurcd vacsnt dwclling with opcn windows, roofdamagc and thcproperty is Eot bcing properly mairltaired. 5. The violation has not b€.en abated as ofthc datc ofthe public hearing. . Bascd upon the foregoing Findings orFact and conclusions ofLaw, and pursuant ro theadhoritygranted ir cbapter 162, Florida statutes, ard collicrcounty ordinan"" No. zooz<q,;amended,it is hercby ORDERED: A. Respondent is found guirq/ of vioration ofcolier countv rnws and ordinances, chapter22,Arricle VI, Seclion Z2-Z3t(12\{c), Section 22-228( t) a nd Scctioo 22_242. i 16.A.39.d Packet Pg. 2090 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) +** oR 5621 PG 16,88 *** B c. D. D Respondent must abate the violarions by obtaining the requircd collier county building permil or demolition permit, all inspections and a cenificate ofcompletion/ occupancy on or befirc May 5, 2019 or a fine of$250.00 per day will be imposed for each day lhe violation rcmains thereafter untit the violation is abated. Alternatively, ifa boarding certificate is obtained and lhe structure is boarded on or beforc April 12, 2019, then the time required to completc the repairs, inspcctions and a Certificate of Completion/ Occupancy will bc extcnded to and must be completed on or before October 5, 2019 or a fine of$250.00 per day rvill be imposed until the violation is abated. lfRespondent fails to comply with this order, the collier county code Enrorccment Deparrmenl may abate the violation on her behalfusing any method to bring the violation into compliaacc. lf necessary, the county may request the services ofthe collier county Sherifls olfice ior the purpose ofaccessing the propefty for abalcment and lo enforce ihe terms of this order. AII costs ofabatcment shall be Respondent is ordercd $l12.80 on or beforc assessed to the to {.: may become a lien on lhe property. on of this case in the amount of nnetta. within 24 hours of ed to confirm compliancc. icr County, Ftorida. DE ENFORCEMENT TE F. Respondent shall notify abatement or compl DONE AND ORT) o COL SPE NG EAYMEJTIT oF IINES: Any fines ordercd to be paid punuanr ro this order may be paid at rhe collier county code Enforcemenr Deparrment, 2800 Norrh Horseshoc Drive, Naples, FL-34164, phone # (239) 2.52'24j0, or lvwrv.Colliergov.net. Any release of lien or confirmation of compliance or confirmarion oi thc satisfaction ofthe obligations of &is ordcr may also be obtained at this locaiion. AI:IEAL: Any aggrieved party may appear a finar order ofthe spsciar Magistrate to thc circuit counwilhin thirty (30) day. of the execution of the order appealed. An ippeal shal-l not be a heari ng da novo, but be limited to apPellate rcview ofrhe re.cord crcated within the original hearing- It is thc resionsibilityof thc appealing party to obtain a transcribed rccord of thc hearing irom the clirk of courrs.' Filing a'n Appeal rvill not automatically stay the Special Magistrate's Order. CERTIFICATE OF SE RVICE I HEREBY CERTIFY that a true and correcr copy of rhis ORDER OF THE SpECIn LMAGISTRATE has been sent by u.s. Mair ro IRrs r,aBRIE al p.o. Box 2365, Bonita Springs, ":. ".FloriQa this /4 dayof April 20t9. L Coir.rK Xin-d,Clartlt C.uis h .nd t.r C.[i.r Cou,,ry do he.6y al.tt insttum.nl b. tu.ani@r.(t costs for gator, ..i,x Q,r DeputCl,* Code Enlorce OfIicial --\ t -,,1 \ .i. \. \a\'(4 \ 16.A.39.d Packet Pg. 2091 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) (]OI,LI ER COUNTY. FLORIDA CODE ENFORCNMENT BOART) c'Et CASE t\o. c8sD20t30006t 71 COLLIIR COUNl-Y BOARD OF COL,N'IY CoMMISSIONIIRS. Pcriiioner lris l-abrie. Responden(s) AFFIDAVIT ()I.' COMPLIA:\iCE S1-ATtJ OF FLORIDA cotJNt'Y oF cor_r.rr-rR BEFORE ME. the undersigned authorily. personalll'appeared John Connetta. Code lr.nforcement Official for the Code Iinlorcement Board of Collier Count). who aflsr being fully sworn, deposes and xys: l. 'l'hat on March 27'r' 2014. the Code Bnlbrcement Board held a hearing and issued an order in thc above-styled matter and stated that Delbndant(s) lvas to a!,ate all violations as stlted in the Order recorded in the public records of Collier Count). Florida in OR Book 5025 PC 168. et. seq. l. 'lhat the respondent didcontacl lhe in\lsligator 3. 'l hat a re-inspeclion was pcrlormcd on September 2,,,r- 2020. 'lhat the re- in spect ion( s) revealed lhat the corrective action ordered by the Code Enlbrcement Board rvas in compliance by obtaining Collier c'ounn' t)emolition Perm it #1,RBD202008328 140I and removing thc structure fiom the properly. Demolition permit rvas Cned on September 2d 2020. ,1 FURTHER AI"I- IANT SAYETH NOT. Dated 2nd. September, 201!. (si,qnature of Noran, Public) (Print/fypc/Stamp Commissioned Namc ofNotarv Public) Personally'known ! COL c0uNTY. [it_ot{tDA uo Rt)ODF] F, Joh ncnil C.forcement C)llic ial S-I A E OF Ft,ORIDA CoI:NTY OF COI-t-IER Swom to (or afiinned) and subscribed beforc me this 2"d .September. 2OfQ by John Conncua. .".t:.:i:;,. ffi; ELENAU GCIZI-:Z comrrissi-"n, G3 l;;;1J Errrre. $3i.-!4, ?023 &idea Tlir b"J;rr h.r&t S..r.{. Rev 1-2,15 9a^^ 16.A.39.d Packet Pg. 2092 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) rNsrR 5042204 oR 5086 PG 2253 RECORDED ].O/20/2O].4 8:01 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT' COLLIER COUNTY FLORIDA REc t18.50 COLLIER COUNTY CODE ENFORCEMENT COLLIER COUTITY cOD ENFORCEMENT BOARD Case No. - CESD2oI30006l7l BOARD OF COUNTY COMMTSSIONERS COLLIER COUNTY, FLORIDA, Petltioler, IRIS LABRIE, Responden! v5, ,\ THIS CAUSE carne befofi Fines/Licns on September 25, 20 I 4, appropriate matters, hereupon issles i ner's Motion for Imposition argument respcctive to all nt Board, as follows County Land Development CodeOn Ma(ch 27,2014,$as found guilty of 04-41, as amended, Secti 06(8)( l)(A) for Cenifi cate of Completion 6lh St W, Bonita Springs, FL, IJNIT 2 BLK E LOT I8 OR I53 ?),.( lRL-. -:.-'--r'" upon h \., l.n 101674 expircd wirhout obtaining $itnessed, which vio occuned on the properry located at 266 120005 ion: LITTLE HICKORY SHORES 2. An-Ordcr was entered bythe Code Enforccmenl Board ordering Respondent to abate the violation on orbefore May 26, 2014, or a fine of$150.00 per day would be assessei for each day the viotations continuc thereaffer until abarement is confirmed. (A copy ofthe Order is rccorded at OR j025 pc 163). 3. Operational costs of$63.74 incurred by the County in the prosccution ofthis casc rvere ordered to be paid. 4. Rcspondent' having been dury noliced for the pubric hearing regarding the county's Motion, did not appear at the public hearing, and no legal defense to thc Motion rvis prcsented. 5. No Rcgucst for Re'hearing or Appcal puBuant to ordinancc 2007-44, as amendcd, has been timcrv fired- 6. The violation has not been abated as ofthe date ofthe headng. ORDER ^. nale! ygon the foregoing Findings ofract, and pursuant to the authority grarted in chapter 162, FroridaSlatutcs, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED; A. Petitioner's Motion for ImpositioD ofFineylicns is grarted. B P."ily-!n:r^ gf$ r 50.oo pcr day are^as-sess.d againsr rhe Respondenrs for r 22 days for the period betweenMay 27, 2014 to Sepr emb., 25,20t4 (122 days) for a toral fine amouni of S I g,fOO.OO j I 16.A.39.d Packet Pg. 2093 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) *** oR 5086 PG 2254 *** C. Rcspondelt shall pay the previously asscssed operational costs io the amount of$63.74. D. Respondent shall pay operational costs for the Imposilion of Fines heaing in the amount of 562.49. E. Rcspondent is ordercd to pay fines and costs in the rotal amounr ofg!E/823 or be subject ro Noticc of Assessment ofLien against all propenies owncd by Respondent in Collier County, Florida. F. Thc daily fine ofsl50.00 shall continue lo accrue until abatement has been confirmed by a Collier County Codc Enforccment Investigator. DoNE AND oRDERuo ttris 13 as y o@@ourr colier counr& Ftorida. STATEOFFLORIDA ) COI.,INTY OF COLLIER) ps;:'jc) \: i( MENT 104N Drive , Florida, who is ense as identification. me NO My co ayo B n 's Lb PAYMENT OF FINES: Any fines bc paid pursuant to may be paid at the Collier County Code Enforcement Department, 2800 4104, Phone: (239) 252-2,t40, Websire:\.$lv.colliergov.net. Any release oflien or or con firmalion ofthe satisfaction ofrhe obligations oftiis Order may also be obtained I HEREBY CERTIFY that a true and correcr c opy of this ORD has bccn sent by U. S. Mail to lrisLabrie, P. O. Box 2365, Bonira Springs, Florida 34 _Q,day o 20t4 APPEALi Any aPgr-icved party may appcal a final ordcr ofthe Board ro rhc Circuit Court within thifiy (30) days ofthelxecution ofthe-ordcr appealed. An appeal.shall notts a hearing de novo, but shall be limired to ipprr[t" ' revierv ofthe record created within rhe original hearing. Ir is the restonsibiriry orrhe appcarirg party i; !i;; atraDscribcd rccord ofthe hearing from the Clerk ofCourts. Filing an Appeal ivill not urio.utiJuity Jtny rt" no2,atOrder. CERTIflCATE OF SERVICE Slzle oi Flcrida Lynne Nicola,utre Florida Bu No. 968900 Attomey for the Code Enforcement Board 681 Goodl.tre Road N., Ste. 2lO Naples, Florida 340t2 (239) 261-6909 2 KAREN G BAILEY MY COMMISSION { EE875121 EXPIRES Fcb'uarY ld. 2017 Y E ENFO LLIER C. \r"t* 16.A.39.d Packet Pg. 2094 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) rNSTR 4966228 OR 5025 PG 168 RECORDED 4/9/20L4 9:22 Ar.l PAGES 2 DWIGHT E. BROCK, CLER( OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18. 50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Petitioncr, IRIS LABRIE, Respondent THIs CAUSE came or for public That lris hbrie is the oivner That the Code Enforce CASE NO.: CESD2ol30006l7l tie Board on 2014, ard the Boar4 having heard apdrgprisrc matters, lhcr€upon issues iB llows:.. F lestimony under oath, Eceived cvidcncc,. alld heard Tspecfive lo all Findings of Fac! Conclusions of t:w, and Ordcrpf the Board, as fo o Respondent, having bctn duly ed to appear at th lic spondcnt and that tie I ard by posting- t. 4 3. That the Rcspondent wa5 of the date ofheari That rhe rcal prcp€rty w.,B Florida 34134, Folio 55901 120005, more particularly dcscribed as HORES, LJNIT 2, according to the plat thercot recoded in Plat Book 3, at Page 79,er County, Florida is in violaaion ofordinance 04-4 I , as amcnded, the Collier County lrnd Development Code, Section I 0.02.06(BX I [a) in thc following particulars: Permit PRBD20l20l0l674 expircd without obIaining Cenificateof Complerion. 5. The violation has not been abatcd as ofthe date ofthe public hearing- ORDER OF THE BOARD Based upon tte foregoing Findings ofFact ard Conclusions oflaw and based on the authority graltted in Chapter 162, Florida Statures, ard Collicr County fuinance No. 2007-44, as amended it is hercby ORDERED: l. That the Rcspondent is in violation ofordinance 044l, as amended, the Collicr County hnd Development Code, Section 10.02.06(BXIXA). 2. That thc Respondcnt must obtain all rcquired Collicr Coulty Building PcrmiG or Dsmolition Permi! inspections, 8nd Certilicate of Completiodoccupancy wilhin 60 da)s (May 26,2014) ot a finc of$l5O.O0 p€r day will be imposcd until thc violation is abated. 3. Ifthe Respondent fails to comply with this Order, tle Collier Couty Codc Enforcemenl Depaltrn€nt may abate lhe violalion using any melhod to bring (hc violation into compliance. lfneccssary, the County may I 16.A.39.d Packet Pg. 2095 Attachment: Backup Documents (14136 : BCC v. Iris Labrie) ,** oR 5025 PG 169 *** ,equest tie servicrs of$c collicr couty sheriffs office for the putPose of acccssinS the property for abatcment. All costs ofabatemcnt shall b€ assessed against the ptoperty. 4. The Respondent is ordered t; Pay all opsrational cosls incurred in lhc prosecution of tiis Casc in thc anount of$63.74 within 30 days (Aptil 26' 2014). 5.RespoodcntshallnotirythecodeErtforcementtnvestigtorwithin24housofabatcmentor compliance so that a final inspection may be performed to confirm compliancc' DoNE AND oRDERED rhis 3\ dav of M[vC] . zotl,t collicr countv, Florid& 2 BOARD Drive day of t04 , Florida, who is s laiccflse as identification My commission ,i EAJ!4E!E-QE!!& AnY fines Code Enforremenl Depart nenl 2800 N rclease oflien or conlirmatioo ofcompliance may also be obtained at this location. may bc paid ar the Collier County 341c , faxi (239) 252-2343. Ary satisfaqtion of lhc obligations of this fficr APPEAL: Any agSrieved party may appeal a final order ofthc Boald to oe cinuit court within thirty (30) days 6iGllGurion oiGe Order appealed. An appeal shall not be ahatiulg de novo,but shall bc limited to appellate rrview ofthe record crtatcd wi0in thc origiral headn& lt is the rcsponsibility ofthc appcaling Party to obtain a transcribed record of t}e hearing fiom rhe clcrk ofcouis. Filiflgan APpeat \xill not automatically stay the Boatd's order' .ERTTFI.ATE oF sERvrcE I HEREBY CERfiFY thar a truc Erd correct copy ofthis ORDEB has b€crl scnt by U' S' Mail to lris tabrie, P. O. Box 2365, Bonila springs, Florida 3a I3a rhis 3\ day of y'\A(r Lkr 2014. Stale ol Florrda County ot CoLLIER M.J Florida Bar No. 75031 I Attorn€y for the Code Enforcement Board 681 Coodlette Road N., Ste. 210 Naples, Florida 34102 (239')263-8206 KAREN G BAILEY MY COMMISSION ' EE875I2I EXPIRES Fokuary 14.2017 OLLIER CO ENFO Kau D!! STATEOFFLORIDA ) )SS: corJNTY OF COLLIER) 16.A.39.d Packet Pg. 2096 Attachment: Backup Documents (14136 : BCC v. Iris Labrie)