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Agenda 12/08/2020 Item #16A43 (Release of 2 Code Enforcement Liens)12/08/2020 EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens, with an accrued value of $192,250, for payment of $3,800 in the code enforcement action titled, Board of County Commissioners v. George J. Sorbara and Jennifer Tarvin Sorbara, related to property located at 151 Burning Tree Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners, accepts an offer to release two code enforcement liens, with an accrued value of $192,250, for payment of $3,800 in relation to Code Enforcement Special Magistrate Case No. CEPM20140021662 and Code Enforcement Board Case No. CESD20140021849. CONSIDERATIONS: As a result of various code violations, the Code Enforcement Special Magistrate and the Code Enforcement Board ordered the imposition of two (2) liens against George J. Sorbara and Jennifer Tarvin Sorbara for property located at 151 Burning Tree Drive, Collier County, Florida. The lien in Case No. CEPM20140021662 is for code violation consisting of a residence with a roof in a state of disrepair. The lien was recorded on November 24, 2015, at O.R. Book 5217, Page 245. The lien amount of $39,250 is based on 157 days of accrued fines ($250 per day from July 24, 2015, through December 7, 2015) totaling $39,250. The violation was abated on December 7, 2015, by the previous owner. The lien in Case No. CESD20140021849 is for code violations consisting of a pool and fence installed at the residence without a certificate of completion. The lien was recorded on June 1 5, 2015, at O.R. Book 5163, Page 1325. The lien amount of $153,000 is based on 153 days of accrued fines ($100 per day from April 26, 2015, through July 3, 2019) totaling $153,000. The violation was abated on July 3, 2019, by the new owner. Vinaya Sharma and SPH Banaya, LLC, acquired the property via Warranty Deed recorded on May 6, 2019. 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. The new owner took title to this property with uncorrected code violations. Once the abatement process began, he encountered may delays and expenses, including architectural fees, inspections and extensive follow up with the County permitting department, the demolition of the home and pool, and the new construction. The property is actively maintained, and the owne r has paid $3,800 in settlement of fines. The owner is requesting a waiver of $188,450 in accrued fines. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $3,800 in settlement of fines and costs has been received. If approved by the Board, accrued fines in the amount of $188,450 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 $188,450, accept payment of 16.A.43 Packet Pg. 2171 12/08/2020 settlement amount of $3,800, 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 Divison ATTACHMENT(S) 1. Backup Documents Sorbara (PDF) 2. Owner Letter (PDF) 3. Lien Orders (PDF) 4. Signed Releases (PDF) 16.A.43 Packet Pg. 2172 12/08/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.43 Doc ID: 13981 Item Summary: Recommendation to approve the release of two code enforcement liens, with an accrued value of $192,250, for payment of $3,800 in the code enforcement action titled, Board of County Commissioners v. George J. Sorbara and Jennifer Tarvin Sorbara, related to property located at 151 Burning Tree Drive, Collier County, Florida. Meeting Date: 12/08/2020 Prepared by: Title: – Code Enforcement Name: Dana Rarey 10/21/2020 12:34 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 10/21/2020 12:34 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Reviewer Completed 10/21/2020 4:17 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 10/22/2020 10:47 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 11/03/2020 9:44 AM Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:42 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:48 PM Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 11/03/2020 4:50 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/03/2020 4:56 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/04/2020 2:54 PM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/30/2020 10:17 AM Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM 16.A.43 Packet Pg. 2173 Georse J. Sorbara and Jennifer Tarvin Solba{a Case CEPM20140021662 l5l Burning Tree Drive, Naples, FL Folio # 24021600009 Roof in disrepair Order ltems: $250/day fine x 126 days (July 24,2015 - November 6,2015) = $31,500.00, plus IOF operational costs of $ I 15.03 Total Fines: $31,615.03 FOF Order OR 5145/PG 2438 recorded on 4/29/15 Continuance OR 5185 PG 2284 recorded on 8/18/l 5 IOF Order OR 5217lPG 245 recorded on I l/24115 Violation abated: December 7,2015 Fines accrued after IOF: Order ltems: $250/day fine x 3 I days (November 7, 201 5 - December 7 ,2015) = S7,750.00 Total Fines Owed: $39.250,00 (operational costs previously paid) Deed recorded on 5/6/19, and case is in compliance as of l2/7/15 Abated by previous owner Case CESD20140021849 Permit #2007060198 for pool and fence never Co'd Order ltems: $100/day fine x 32 days (April 26,2015 -May 28,2015) = $3,200.00, plus IOF operational costs of $63.75 Total Fines: $3P63.75 FOF Order OR 5 I 38/PG I 204 recorded on 4/9/ I 5 IOF OrderOR 5l63lPG 1325 recorded on 6/15/15 Violation abated: July 3,2019 (CO home & pool demo) Fines accrued after IOF: Order ltems: $100/day fine x 1498 days (5/28/15 -71312019)= $149,800.00 Total Fines Owed: $153.000.00 (operational costs previously paid) Deed recorded on 5/6/19, and case is in compliance as of7l3/19 5/6/19 + 30 days = June 5,2019 New owner abated violation 16.A.43.a Packet Pg. 2174 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Offer of settlement: $3,800.00 ($3,800 fine CESD20140021849) Nf,W OWNER ACCRUED VALUE: S 192.250.00 PAYMENT OF: $ 3.800.00 settlement TOTAL FINES TO BE WAIVED: 5188.,150.00 16.A.43.a Packet Pg. 2175 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Collier County Growth Management Division 2800 Horseshoe Dnve N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Paym€nt Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Ec-gesslptien Code Enforcement Board Cashier Name: Batch Number: Entered By: 2020774566 2020-079814 09/28/2O2O $3,200.00 Pavment Method Check $3,200.00 $o.oo SPH BANAYA LLC 11150 UVINGSTON RD NAPLES, FL 34105 Reference Number cESD20140021849 RichardKoenigsknecht 9515 KerryAdams Amount Paid $3,200.00 Check Number 101 Oriqinal Fee $3,200.0 0 Amount Paid $ 3,2 00.00 GL Account 111- 13891 1-354400 16.A.43.a Packet Pg. 2176 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Collier County Growth Management Division 28OO 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 / overagei Contact: cashier Name: Batch Number: Entered By: 2020774567 2020-079At5 09/28/2O2O $149,800.00 Pavment Method Check $600.00 $0.00 SPH BANAYA LLC 11150 UVINGSTON RD NAPLES, FL 34105 Reference Number cESD20140021849 Amount Paid $600.00 Check Number 101 Oriqinal Fee $ 149,800.00 Amount Paid $ 60 0.00 GL Account 111- 138911-354400 Richard Koenigsknecht 9515 MarieCheri FEE DETAILS: Fee Description Code Enforcement Board 16.A.43.a Packet Pg. 2177 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) September 10, 2020 RE:l5l Eurning Tree Dr:r'e. r.Naples. FL 3410-( ("Proper5,") Code Enforcement Case Nos. CEPM20140021662 and CESD20140021849 Dear Ms. Burgos and the Board of Collier Counry Commissioners: This firm represents Mr. Vinaya Sharma and SPH Banaya, LLC, a Florida limited liability company (collectively ref'ered herein as "Owner"). Owner is under contract with a buyer to purchase the Property with a closing date currently scheduled for September 19,2020- Upon receiving a title commitment and lien search repofi for the Property, our office became aware of two outstanding code enforcement liens against the Property (Code Enforcement Case No. C8PM20140021662 (as further referenced in Official Record Book 5217.Page 245) ("Case No. 1662") and Code Enforcement Case No. CESD2Ol4002l 849 (as further referenced in Ofiicial Record Book 5 163, Page | 325) ("Case No. I 849"). Fines for Case No. 1662. which are presently $39,250.00, began to accrue on July 4. 20 I 5 and were abated on December 7, 2015. Fines for Case No. 1849, which are g153,000.00, began to accrue on April 26,2015 and were abated on July 3,2019. The Property has exchanged hands at least once since Owner purchased the Property. Notably, Ownerdid not purchase the Property until April 26,2019, nearly four (4) years after Case No. I 662 was abated. Owner, after purchasing the Property, took immediare action to begin demolition and the Board of Collier County Commissioners ("Board") issued a certificate of completion not even three (3) months later on July 3,2019 (which was the same day that Case No. lg49 rvas abated). Pu;':uert to Resolution |jo. 10 i 2-46 (4), a scttlcment rf'Casc l.\os. 1662 and I 849 cx.n be consiCered after the Director of the Code Enforcement Department evaluates the following factors: ( I ) the fine/lien amount is fixed and no longer accruing on a periodic basis (correct); (2) the underlying violation(s) resulting in the fine/lien has been abated or c orrected (correct); (3) history ofviolations involving the offering party 1N/A): G) for code enforcement liens and fines on a property that has new ownership, 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 rvhich payrnent of the full lien amount rvould irnpose a severe financial hardship of the propert)' o\\'ner; fines accrued bl an existing orvner rvould be considered fbr a u,aiver as long as the existing owner has diligently pursued abaternent 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 enfbrcing Ihe finellien (correct). Owner did not purchase the Property until Aprt26,2019. Accordingly, remitting payment tbr the f'ull lien amounts would pose a significant financial hardship on Owner as both Case Nos. 1662 and I 849 T 239.325.4070 WW N/tR WOODS.WEIDENIVIILLER IVICHETTI. RUDNICK Via Certified Mail and Electronic Mail: Iliana.Burqos@colliercountyfl .eov Board of Collier County Commissioners c/o.lliana Burgos. Operations Superv isor 3299,Tamiami Trail East, Suite 303 Naples. FL 34112-5146 16.A.43.a Packet Pg. 2178 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) began to- accrue over four (4) years prior to Owner taking title to the Property. As fines that accrued prior to transfer of title to Owner and thirty (30) days following transfer of title can be considered for waiver. Orvner respectfully requests the following from the Board: Case No, 1662 I . Full and complete waiver of in the amount of g39,250.00. 2. Owner shall be responsible for any and all costs incurred by Collier County in processing this request. Page 2 of 2 September 10,2020 Case No. 1849 l. Partial rvaiver in the amount of9149,200.00.2. Owner shall remit payment in the amount of$3,800.00 and shall be responsible for any and all costs incurred by Collier County in processing this request. If you have any questions, comments or require additional information in consideration for this request, please feel free to contact me. Thank you very much for your time and consideration. Very truly yours, Woods, Wei ller, Michetti, & Rudnick, LLp Michae . Michetti, Esq. CC Client Samuel F. Colbum scolbum@la$fi rmnaoles.com r:\rnichctti\legal lilcs\real estatc closings\sharma sl autielloUurdship lclter - l5l buming tree.docx 16.A.43.a Packet Pg. 2179 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Parcel No 24021600009 Name / Address SpH BANAyA LLC 11150 LIVINGSTON RD City NAPLES Collier County Property Appraiser Property Summary Site 151 Address BURNING*Disclaimer TREE DR 34105 State FL zlp 341Os Township Range Acres *Estimated 49 25 0.25 Site City NAPLES Site Zone "Note Map No. 4A15 Strap No. 189700 il 184A15 Section 15 Legal BIG CYPRESS GOLF + COUNTRY CLUB EST BLK ll LOT 18 Millaoe Area o 6 Sub./Condo 189700 - BIG CYPRESS G&CC EST Use Codeo 0 - VACANT RESIDENTIAL Latest Sales History (Not all Sales are listed due lo Confidentiality)Date Book-Page Amount 04/22/19 s626-1O92 $ 280.000 09113/18 sss3-1215 $ 180,000 o9/o3114 so72-2867 $ O 1O/O3113 4971-3e47 $ 100 09l29lo9 Millage Rates O *Calculations School Other Total s.015 s.7924 10.8084 2020 Preliminary Tax Roll (Subject to Change) Land Value $ 167,076 1+; lmproved Value $ O 1=y Market Value g 167,076 1=; Assessed Value $ I67,O7G 1=1 School Taxable Value g 167,076 1=y Taxable Value $ 167,076 lf all Values shown above equal 0 this parcel was created arter the Final Tax Roll 03l20106 08/13/O1 111O7/OO oslos/78 01lo1l73 4500-3106 4001-551 2874-3493 2740-2604 750-381 559-71 I $ 00,00 $ $ $ 39,30 0 0 0 0 0 0 $s $ 16.A.43.a Packet Pg. 2180 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Property Information Parcel No 24021600009 .151 Bur{l!.It!9 oe, Buildins, tlnplet !51 Burning Tree DR Naples. FL 151 Burnrng Tree DR T Descn SPH BAIIIAYAI!9tAddrcss:11I50 UVtn, .: 5ORBARA, GEORGE J JENNIFER TARVIN . SORBARA. GEORGE ] ]ENNIFER TARVIN FJFTH TH:R.D T4ORiGAGE CCUPAI\iY I'IAI Addrerr(er) .Propcrty Owner Hrstonc Or!ner Histonc Oy.ner Hrstoflc Ownea Vref,,tr:e":S On tht5 ?. a, e.:!,Op€h tlerts, 3 Add a ner,, pcr3on or b!l]!!:: to Addrers Book Fees Show li{e Alt related tees (Properry)Refrerh Fee T i.9?-erS:-:l*.*f-(s!,31. Code Enforcem!otBoard Opirationji Costs (Ceg) . iodc Enforcemcnt Board : opcrahonal co5ts (sl"i) Sjecial Magi:trate . Opcrctronal Costs (5M) Speci.l Magistrate ' OpcrBtional Costs (CE6) Cle.r Lot . Codr Eniorc!mqnt Aodrd ;r'n na.i1 isiool Lot Mowing ' tll Lrcn ldmin :riiiim.ni ini....t uperalronar LoSts t(Et,l 5 95.43 .. .5 6s:1,1., 01/2U?P|: qe$p?p140q:1.84e CES9291.10'121949 cE5D201.r0021849 cEp!d?0140021652 c EP tr ? g1{0 0?.16 6.2 cEpM2 01..r0 02 r 5 52 cEPpl201 .trl02 L6 52 iEROf/2 01t000100 9 C ERO $,'20170 0,310 09 CERO'ti20170'lt10ng c ENA201700 r843'l c EN!101 708 r 843'i NA2B17 S.r 3.l a E.('l.i 2-! 1r'1.,11q{3-1 c EP1,1201 7rt !84J5 $ l{?90:09 5 63.75 s 149,800.00 5115,?5 5 31,500-00 5115.03 I l,ls!.00 5 59.77 5 2,273.00 $ 3,000-oo $ 100.00 3100.00 L1-90:00 t 12.00 ! 0.09 5 59.77 5 2,2 t- 3.0O 5 3,0oo.oo 0 9./ 10,,2 01 I 09,/10/2018 oiitott zatg ogtzE)zata 09/24/2A1e og/24/20LA . n9i2!i28fi 0 8/06/2 015 09,/24l2018 09/2{.l2A1A g s9.91 09/10/2018 s 0.9! s 63.75 5 0.00 s 115.25 s o:oo 5115.03 Amourit Owino / Amgunt Paid Description PAIO 6Y CIIECK*1S47(TT 4.22.15) $ 192,952.00 510,949.44 Quantity lr,oo Fee Pay!ble? 5 65 111-139?11,111i9 ,lFt! LEGACY, Ke.ry Adams 2015240468 4406 0 3/ 30/2 015 Bnlch ;Transactroti; 2015-0 2 o1/22!?rL:' Entcred By Fee Pard / DatE Due Date Entercd 1847 Nr.rr,her Amounl ,.rrrrunt Pard Date Pard Paid Aacoirot Method 0Bte Ptsid Paid By / To ffhc Sorbara Company, Address:PO Box 8907, License. , LCB2012OOO3093 Payments I 16.A.43.a Packet Pg. 2181 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Name: Missy Alford Company: Woods, Weidenmiller, Michetti & Rudnick. LLp Date: September 1,2020 O_u_r_ Department received a request for a payoff for property address: I 5 I Burning Tree Dr Folio Number: 24021600009 SPH Bana ya, LLC Special Notes: rt is strongry recommended that you check the pubric Records of coflier county for moreinformation regardress of the resurts berow This and other offices may have items pending again;t thisproperty. To perform a public records request via the internet, visit the collier county cle;k o-f courtsWebsite at www.collierclerk.com. Please make check payable to Col lier County Board ofC ounty Commissioners (CCBCC) Our mailing address is: Collier County Code Enforcement 2800 N. Horseshoe Drive Naptes, FL 34104 Violation has been abated N,larie Cheri Violation has been abate<i s39.250.00 TYPE (ex. OSM, CEB) CASE # C8SD20I40021849: Open case for permits: pool and fence never received certificate of completion Order OR 5138 PG 1204 Lien OR 5 163 PG I 325 C8PM20140021662: Roofl in disrepair Order OR 5 145 PC 2438; OR 5 I 85 PG2284; Lien OR 5217 PGZ45 . Operational costs paid. $250.00 per day for I57 days (7 / 4 I t 5 to 1 2/7 / I S) :939,250.00 . $ I 00.00 per day for I ,530 days (4126115 to 7/3/19) :$ 153,000.00 AMOUNT OWED $153,000.00o Operational costs paid Owner's Narre: Information Provided By: 16.A.43.a Packet Pg. 2182 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) rNSTR 5707990 oR 5626 pG 1092 E_RECoRDED 5/6/2}ag 8:23 AM PAGES 2cLERK oF THE crRCUrr couRT AND coMprRoLLER, cbllrrn cour,rrv rrorrolDoc@.70 $1,960.00 REc $18.50coNs $280,000.00 After Recording Retrm to: Maria D Perez Stewart Tide Company 4450 Borita Bea.h Road, Ste 6 Bonita Springs, FL 34134 This )nstument Prepared by: i/aria 0 Perez Stew€n Tite Company 4450 Bonita Beach Road, Ste 6 Bonita Spdngs, FL 34134 as a necessary incident to the fulfillment ofconditjons contained in a tiUe insurance commitrnent issued by it_ irgqerty Appraiserc Parcet t.D. (Fotio) Numbe(s) 24021600009 File No.: 399130 WARRANTY DEED constitution of the state of Florida IN WTNESS WHEREOF, above writlen. Grantor has hereunto set Grantor's hand and seal the day and year irst This Warranty Deed, Made the 22nd day of April, 2019, by Wifiiam L. Davidson Jr. and Laura A.Davidson, Husband and Wife whose iS:hereinafler called the "Grantor,,, to WITNESSETH: That said in consideratio of the sum of Two Hundred EightyThousand Dollars and No considerations,receipt whereot ishereby acknowledged,alidns, , releases,conveys and confirmsunto the Grantee,to wi1: Lot '18, Block thereof recorded ;n Florida. 16.A.43.a Packet Pg. 2183 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) SIGNED IN THE TWO SEPARATE Witness Signature Printed Name; Witness Signature: Printed Name: State of Florida County of Lee The foregoing ins m Davidson Jr Notary Publi G WITNESSES WITNESSES REOUIRED hi c Printed Name AD eTez My Commission Expires: (sEAL) ta acknowledged before me this 22nd day of April, 2019 by Wi iam L. , who has produced driver license(s) as identification n I rLC 1RL- Comn. Expires GG sr! 30 ." **, oR 5626 pG 1093 *r* I I *i\=Mr'UU-tLi"i,fu( 4t-a 16.A.43.a Packet Pg. 2184 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) GOLLIER COUNTY BOARD OF GOUNTY GOMMISSIONERS CERTIFICATE OF GOMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the lime of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: CO TYPE: ADDRESS: SUBDIVISION: PRBD20l905 t94980 l COMP CO NBR: ISSUED DATE STATUS: Finaled July 03,2019 l5l Burning Tree DR. Naples LOT T.R.S SLUC CODE JOB DESC:complete demo - also previous void code case 201 704 13752 l5 I Burning Tree DR NUMBER OF METERS: OWNER:sph banaya llc BlC CYPRESS GOLF + COUNTRY CLIJB EST BLK II I,OT 18 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 certificate or prior date. BLOCK: UTILITY COMPANY: LEGAL DESCRIPTION 16.A.43.a Packet Pg. 2185 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) (:()1,LtuR cotit(TY. FL0Rt t)A C'()DE E \FORCE]U E.'iT I}OA RI) cEB CASE NO.CESD20t {002 t 849 COLLIER COUN Y BOARD OF COUNTY coMMIssIoNERS, Petitioner GEORCE J. SORBARA and JENNTFER TARVIN SORBARA, Respondenrlsl AFFIDAVIT OF COMPLIA}CI, STATE OF FLORIDA COL]NTY OF COLLIER CODII tr)iIo L\,1trNT Ba)ARt) BEFORE ME' the undersigned authoritl P€r.sonally appeared Junior Torres. code Enlorcemenr official for the CodeEnforcement Board ofCollier County. who after baing'irffy .*orn. aepr:ses and say; -- '' *" l' That on March 26tr'. 2015. the code Enforcement Board held a hearing and issued an order in the above-srylcdmater and stated that Defendant(s) was to abare all violations as stited iu rr," or,i"l".".r.o"o in the publicrecords of Collier County. Florida in OR Book 5 I 38 pG t204, er. seq. 2. That the respondent a$l not conlact the in\estigaror. 3. That a re-inspeclion was performed on July ?4'h. 2019. 'l rhat the re-inspection{s) revealed thar the corrective acrion ordered bv thc codc F.nrorccmcnl l}oartl $.as incompliance by obtaining a Collier Counry Demolition pernrir. inspe,ciions. ,rd "";i;;;;; ;;i;omptelion.Permit PR8D20190519498 was finated on Jut;- id. :Oiq. FUR"IHER AFFIANT SAYETH NOT. Dated, tut), 24,i, 2019. COLLIER COtjN.t.y. r r.oR[)A STATE OF FLORIDA COI]NTY OF COLt,IER (Print T]re. Sramp Commissioned \ame of Noaary Public) Personally known i T Code Ln eme[t 0fl.iciaI J ro (or affimred) and subscribed be fore me rhisr? \5{ . znJ$y of lic ) 'ffi: HELEN BUCXIITON Co,trniltbn, GG 1016?3 Expirit lr8y 15.2021 !qxr{lr ! h&rtfr.b.t a6lr Rev 1-2"15 16.A.43.a Packet Pg. 2186 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) rNsTR 5135452 DIVIGHT E. BROC'( REC $27.00 oR^5163 -PG 1325 RECoRDED 6/L5/2OLS 10:08 Arit pAGEs 3, CLER( OF THE CIRCUIT COURT, COLLIER COUNTY FLORIdA @CODE f,NFORCEMENT BOARD Case No. - CESD20I40021849 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitiotrer, GEORGE J. SORBARA aod JENNIFER TARVIN SORBARA, Respondents, R {t(_){ro u"ror/tt " THIS CAUSE came FineYliens on May 28, 2015 matters, hereupon issues its F L On March 26, Respondcnts nd guil ty ofviolati Chapter 2, Article IV, Collier Development 10.02.06(8)( lXa) for having of Completion, which viol ation(s)oc o4 's Motion for Imposition ent respectjve to all appropriate , as follows Code ofLaws and Ordinancas, , as amended, Section fence which never recelved a Certificare at l5l Buming Tree Drive.Naples, FL. GOLF & COUNTRY CLUA EST,,BLK I I, Folio # 24021600009 (Legat Descriprion r-oT I8). 2' An Order was entered by th' code Enforcement Board ordering Respondent to abate the vioration on orbefore April 25, 2015, or a fine of$ r00.00 per day wourd be axessed for each day the vjorations continuc$ereaftcr untir abatement is confirmed. (A copy of the order is rccorded ar oR i 138, pc r 204- r 205). 3 operationar costs of$65.43 incurred by the county in the prosecution ofthis case were odered ro be paid. 4 Respondent, having been dury noticed for the public hearing regardi,g the county,s Morior, did not appear at the public hearing, and no legal defense to the Motion was presented. 5 No Request for Re-hearing or Appear pursuant to ordinance 200744, as amended, has been timery fiied. 6. The violation has not been abated as ofthe date ofthe hearing. ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granred in Chapter 162, Florida Starutes, and Collier County Ordinarce No. 2007-44. as amended, it is hereby ORDERED: A. Petitioner's Motion for lmposition ofFines/Liens is granted. 16.A.43.a Packet Pg. 2187 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) oR 5163 PG 1326 B Daily fines of$ I00 00 per day are assesscd against the Respondenrs for 32 days for the period ftom April 26, 2015 though May 28. 2015 for a rotal amount offines of $3.200.00. C. Respondent shall pay operational costs for the lmposition ofFines hearing in the amount of$63.25. D. Respondent is ordered to pay ftnes and costs in the total amount of$3,26J,7S or be subject to Notice ofAssessment of Lien against all propcrties owned by Respondert in Collier County, Florida. DoNE AND ORDERED rhis fi dayor IUlf ,zorsr,coltiercounry, Ftorida.,/ COUNTY OF COLLIER) The foregoilg instrument was 2015, by Roben Kaufman, Chair o I personally known to me or CODE ENFORCEMENT BOARD COLL , I]LORIDA NOTARY PUBLIC My commission expires entilication PAYMENT OF F,NES: Any fines ordered to be paid pursuant to this order may be paid at the corier countyCode Enforcement Departmenr,2g00 North Horseshoe Drive, Naples, FL 34 l04, phone : (23g) 252_2440, W ebsitewww colliergov.nct. Any release of Iien or confirmation ofcompliance or confirmation ofthe satisfacfion oftheobligations ofthis Order may also be obtained at this locarion APPEAL: Any aggrieved pany may appeal a final order ofthe Board ro the Circuit Coun within rhirty (30) days ofthe execution ofthe Order appealed. An appeal shall nol be a hearing de oovo, but shall be limited to;p;ellate review ofthe record created within the originar hearing. Ir is the responsibirity ofthe appearing party to;btain atranscribed record ofthe hearing from the crerk ofcourts. Firing an Appeal wi, not automati;ary ;tay the Board,sOrder. KAREIII G BAILEY EXP,RES February 14. 2017 f,4Y COMMI sstoN r 8E875121 CERTIFICATE OF SERVICE who is STATEOFFLOPJDA ) l ! 7 16.A.43.a Packet Pg. 2188 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) *** oR 5163 PG 1327 *** I HEREBY CERTIFY thAt A trUC ANd correct copy of this ORDER has been senrSorbara ard Jenifer Tarvin Sorbara, l5l Buming Tree Naples,34105 this2015 la, Esquire Bar No for the Code Enforcement Board 681 Ooodlette Road N., Ste. 210 Naples, Florida 34012 (239) 26t-6909 rri c0 Ci Stale ol i'ii: aa County ol COLLIER iHE REBY CERT i:Y lilrT this is a true and corrcci aoFi al iiJc ifi -Sloavci ?:;I*ffi, DW E, BF,OCK, g.i:lraj "rrrr'.js ::l ii 16.A.43.a Packet Pg. 2189 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) EOLLIER COUNTY CODE ENFORCEIUENT CODE ENFORCEI\IENT BOARD Case No. - CESD20l4002l8{9 BOARD OF COUNTy COi\TNTISSIONERS COLLIER COUNTY, FLORIDA, Petitioncr, GEORGE J. SORBARA and JENNIFER TARVIN SORBARA, Respondcnts. IS. ,-aJ R (',O RDER THIS CAUSE came on for bli Code Enforcemcnt Board, having all appropriale malters, hereup ont t, AR re lhe Code En t Board on March 26,2015, and the eived e D ARA and ENNIF TAR IN and heard argument respective to Enforcement Board, as follows: are the oryrers oftheRespondcnts, GEORCE subject propeny. Respondents were notifi in f c iln ofhearing by certifi and the Code Enforcement Board has jurisdictio n oflhis m 3. At the hearing, rhe Respondents cnr is attached herero as Exhibit'A". The Slipulalion is adoptcd as an Order ofthe Code Enforcement Board and the Respondents are Ordered to comply. 4. The real propeny located at I5l Buming Tree Drive, Naples, FL, Folio No. 24021600009 (Legal Description: BIC CYPRESS COLF & COUNTRY CLUB EST. BLK II, LOT I8) is in violarion ofColier County Land Development Code 0441, as Amended, Section 10.02.06(8)( I )(a) in the follolving paniculars: Permit # 2007060198 for pool and for fencc ncver received Certificste ofCompletion. 5. The violalion has not been abated as oflhe date ofrhe public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of La\\, and pursuanr to the authority granled in Chapter 162, Florida Shtutes, and Collier Counly Ordinance No.2007-44, as amended, it is hcreby ORDERED: A. Respondcnls are found guilty ofviolating Collier County Land Development Code 04-41, as Amended, Section 10.02.06(BX I Xa). B. Respondents musr abare the violation by obtaining all required Collier County building permits or demolirion permit, inspcctions and Certificate of Completion/Occupancy on or before April25,20t5 or a fine ofSl00.00 per da) will be imposed for each day rhe violarion remains rhercaflcr. 2 edo e rrvsrR ,105684 ofl 5139 pG 7204 RECORDED 4/9/2075 LO:4g Nt pAGEs 2 DITIGHT E. BROCK, CLERK oF THE CIRCUIT coURT, boLLIER coUNTY FLoRIDA REc $18. 50 j 16.A.43.a Packet Pg. 2190 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) *r* oR 5138 PG 1205 *** C IfRespondenrs fail to comply wilh this Order, rhe Collie, Counry Code Enforcemenr Depanmenr mayabale lhe violarion using any merhod to bring rhe viotation jnto ;ompliance. lfnecessary, the County mayrequesr the services oflhe corier counly sherifrs omce ror rhe purpose ofaccessing ihe property for ' abatemenr. All cosls ofabrtem.nt shall be asscssed againsr thc propJrty. Respondents are ordered to pay operarional costs for rhe prosccution ofthis case in the amolnt ofs65.43on or bcfore April 25,20t5. Respondents shall notify the Code Enforcem compliance so that a final inspecrion may be DONE AND ORDERED this 14 oa1,ot STATEOFFLORIDA ) cnt lnvesligator ofthis case rvithin 24 hours ofabatement orpcrformedconfirm compliance. .2015 at Collicr County, Florida. MENT BOARD TY,RI d ay of oard Collier , Florida, who is L ense as identification_ PU n xp may bc paid at the Collicr Count 4104, Phone:(239) 252-2440, W ebsite: or confirmation of the satisfaction of the 1,)ss couNTY oF COLLTER) The foregoing instrument rvas ac *'le,o:f o fo, by Robert Kaufman, Chair the PAYI\IENT OF FIN FS:Any fin Cod€ Enforcemenl Dep anment,2800 wN'w.colliergov.net. Any release of lien v 4PPEALi An)'aggricvcd pany may appeal a final order of rhe Board lo rhe Circuit Coun rvirhin rhirly (30) days ofIhe.exccu-tion oflhe ordcr appealed. An appeal5hall not be a trearing ae nwoiuut shall be lirnited to app"lrl,.-'- -' revie$ ofrhe record created \virhin rhe originar h^earing. rt is tr," risponiiuiiity orrre appeating faif io otruin utranscribed record ofrhe hearing from rhe crerk ofcouns. Firing an appear wiir not urtoi,irti"uiiy'rtui,;;;;il,;Order. CERTIFICATE OF SERVICE obligations of this Order may also be obraincd I HEREBY CERTIFY that a true and correc! co py of this ORDER has beenSorbara and.lenifcr Tarvin Sorbara, l5l Buming 20 t5., Naples, FL 34 t05T Slate olFlorida County of COLLIER Erq senr by u. rhis z{|\"fi:Q:' S. Mail day of a, r HERE8Y:GERniYjTiiTJris is a true and mrbcl cobv ol a doci-snBnl on lile in Boari inuiel'and ReorAS'6t Cotlier Counly WI'TNESS mv hand and ofioal s€althis -84 oalol-Agr,.l,Qls a Bar No.968900 Anomey for the Codc Enforcement Board 681 Coodlene Road N., Sre.2lO Naples, Florida 34012 (239) 261-6909 BY LLIER CO FO orSes hoe Drivc It 34t01 I KARE [iY coui0 EXPIRES ..rtI? i;r&":j.:.?.t:J G 14.2017 LEY M y comm to be paid pursuant to o hoe Drive, N VIGHT E, BROCK, CLERK OF COU D. E. I 16.A.43.a Packet Pg. 2191 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) COLLIER COUNTY, FLORTDA OFFTCE OF THE SPECIAL MACISTRATE OSM CASE NO. CEPM2OI4OO2I662COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. petitioner SORBARA, CEORGE J JENNIFER TARVIN SORBARA, Defendanr(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon walker, Code Enforcement ofyicial for theHearing before the speciar Magistrate ofcoflier couniy, who after being fufly ,*o.r, a"por", uno ,uyr,-- l That on November 06' 2015, the special Magistrate held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was to abate all violations as stated in the order oftrre speciJ Magistraterecorded in the pubric records ofcolier county, Florida in oR Book 5 r45 pc 243g . 2. That the respondenl did contact the investigator. 3. Thal a re-inspcclion was performed on December 7th,2015. 4 That the re-inspection(s) revealed that the corrective action ordered by rhe Special Magistnte was incompliance by Collier cor.lnty Building Permits, inspections, and ccrtifiiate of completiorr/'occupancy andmust.comply with all propeay mainlenance requirements includirrg but not limit; to: mainlenance ofbuildings. structures. and premises as identified in Collier couDty code of laws and ordinances, chapter 22,Article vl, Property Maintenance. Roof shall be maintained/repaired in a safe manner and have no defecrswhich might admit rain or cause dampness in the wall or interior portion of the building, on or-berore juty 3,2015 or a fine of $250.00 per day will be imposed for each day the violation remaiis ttrereaner, ana payoperational costs ofSl 15.25 by May 3. 2015. FURTHER AF}'IANT SAYETH NOT. DATED this 7rh day ofDecember,2015. COL HEA LIER COUNTY , T'LORtDA COFTHES TRATF, Weldon I Walk Code Enforcem ra STATE OF FLORIDA COLNTY OF COLLIER Sworn to r affirmed) and subscribed before me this 7th day of December, 2015 by Weldon Walker (Signature ofNotary ic) (Print/Type/Stam p Commissioned Name ofNotary pubiicy KERBY ADAMS MY C0MMI6Si0N ' fF 139121 EXPIREET$lv 8,o18 tord.dltt tt ltal ilrEry 3rfllcor Personally known i 16.A.43.a Packet Pg. 2192 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) INSTR 5198694 OR 5217 pc 245 RECoRDED tt/24/20L5 8:35 aM pAGEs 2 DWTGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $1E.50 vs, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. {EPM20140021662 BOARD OF COUNTY COMMTSSIONERS COLLIER COUNTY, FLORIDA, Petilioner, GEORGE J. SORBARA AND JENNIFIR TARVIN SORBARA, Respotrdetrt. THIS CAUSE came before n upon the Petitioner's Motion for Imposition of FineVLiens nN strate, having heard argument respective to all appropriate Fi and Order of th€ Special Magistrate, as follows l. On April 3,2015, Respondent () of Laws and Ordinances, Chapter 22, Article in disrepair, which violation occuned on the property s, FL, Folio #24021600009 (Legal Description: BtG CYPRESS GOLF + COUNTRY CLUB EST BLK ll LOT l8). An Order was entered by the Special Magistrate ordering Respondent to abate the violatioo on or before July 3, 2015, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy ofthe Order is recorded at OR 5145, PG 2438). Operational costs of$l 15.25 incuned by the County in the prosecution ofthis case have been paid. 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 presented. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. Or 2 3 4 5 6. The violation has not been abated as ofthe dale ofthe hearing. l/ 16.A.43.a Packet Pg. 2193 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) *** oR 5217 PG 246 **. Florida B. C. D. E. The daily fine of$25 0.00 shall con County Code Enforcement In DONE AND OR.DERED this b atement has been confirmed by a Collier 2015 at Collier CounO, Florida. CODE ENFORCEMENT E ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Statutes, and Collier County Ordinance No. 2007-44, as amended' it is hereby ORDERED: Petitioner's Motion for lmposition of Fines/Liens is granled. Daily fines of $250.00 per day are assessed against Respondent for l'6 days for the Period from Juty4, 2015 to November 6, 20 15, for a total amount of fines of $3 1,500.00' Respond€nt shall pay operational costs for the Imposition of Fines hearing in the amount of $l15.01. Respondent is ordered to pay fines and costs in the total amount of $!IJo!A01 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County' Florida. r< €.a ()t'/1 I soN PAYMENT OF FINES: Any fines ordered to be Paid pursuantto this order may be paid at the Collier c"*ty c.d" Erf-*ment Division,2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440, or www.colliergov.nel. 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 older ofthe special Magistrate to the circuit court *ii[-in tni'ty OOjO# of the Lxeiution oiihe Order appealed. An appeal shall not be ahearing de novo, but shall be lirlt"O to appellate review of the record created within the original hearing. It is the resDonsibiliw ofthe app€aling party to obtain a transcribed record ofthe hearing from the clerk ofCourts Filing an Apieal will not automatically stay th€ Special Magistrate's Order' Respondent -Ceorge J Sorbara and Jennifer Tarvin Sorbara Collier Co. Code Enforcement Division Stale 01 iloriu.i Counly ol C0LLIER I HEREBY CERTIII.IJIAT IhL iS A ITUE ANd conea coorroi i docurtJ{lo-n file in Aoaro ltl.u:iei i po terqr?r6 AColrre' Counly WlTNiS.nr1l3rlu 3nd toalseal thts 24:{ray & &r;ar@er;tuS DWIGHT-E,CLERK OF COURTS cc: \\ T AT 16.A.43.a Packet Pg. 2194 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) rNsTR 5161424 OR 5185 pG 2284 RECORDED A/ta/zOLs 10:L8 ar.{ PAGES 2DTVIGHT E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDAREc $18.50 SI}LI,IER COUNTY CODE ENTORCEMENT SPECIAL MAGISTRATE Case No. {EPM2 0140021662 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, GEORGE J, SORBARA AAID JDI{NIFER TARVIN SORBARA, Respotrdent3. Rt)IS THIS CAUSE came on for the Special Magistrate, having in the premises, hereupon issuey Magistrate. as follows: ,' Magishate on August 7,20t5, and inuance and bein g duly advised oh Law , and Order of the Special ws & Ordinances, Chaptet 22, Fact,clusi on Roof in d isrepai its l. Respondent is charged cc: Respondent(s i) Article VI, Secrion 22-2 22-231(12)(c), i irlg ulars: n- ")-1, / . - ..Based upon the foregoing, and_ pursuant to th€ authority granted in chapter 162, Frorida statutes,and Collier County Ordinance No. 07-44, as amended, it is trereUiOnOeneO: A. The Respondent's Motion for Continuance ofthis case is granted. B. All parties shall be re-noticed for a subs€quent hearing date. DOnrE AND ORDERID this rl\troay of , 2015 at Collier County, Florida.--r COLLIER COUNTY CODE ENT'ORCf,MENT ECIAL MAGISTRATE A C. GARRETSON Je nnifer Tarvin Sorbara lvlslon ^'Collier Co. C vs. 1 l ll ,..,::.. 16.A.43.a Packet Pg. 2195 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) *** oR 5185 PG 2285 l** iounU or couten o.c. -.=.-- (. 16.A.43.a Packet Pg. 2196 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) INSTR 5114799 oR 5145 pG 2438 RECoRDED 4/29/2OLS 1:31 pM PAGES 3DWIGHT_E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORTDAREc 12 7.00 LLTER COD SPECIAL MAGISTRATE Case No, {EPM2 0140021662 BOARD OF COUNTY COM}flSSIOIYERS COLLIER COIJNTY, FLORIDA, Pctitioner, vs. GEORGE J. SORBARA ANI) JEIIIIITf, R TARYIN SORBARA, RespoDdeuts. THIS CAUSE came on Special Magistrate, having to all appmpriate matters, h follows: Respondents, George J property. M on April 3,2015, and the ev and heard argument respective of the Special Magistiate, as the owners ofthe subject 11Cr:{i u .* IN and Jennifer r2. Respondents were notifi ed of the mail and posting and the SpecialMagistrate has jurisdiction of this matter. 3. Respondent George J. Sorbar4 having been d uly notified, appeared at the public hearing andentered into a stipulation. 4. The real property rocated at I5 r Burning Tree Drive, Napres, Frorida, Forio #24021600009(L..gal Description: Brc CYPRESS GOLF + Cgpry1pi "LUB ESi BLK rI tof ie) i, i, :1"]*b, :{9qt],:l Counry Code of t"aws and Ordinances, Chapter 22, Articte Vt, Secfron iZ-228(l) and Z2-231(t2Xc), in rhe following paniculars: Roofin disrepair. 5. The violation has not been abated as ofthe date ofthe public hearing. ORDER ^-..-_-rTg upon the_ foregoing Findings of Fact and Conclusions of Law, and pursuant to theaurhonty gnnted in chapter 162, Frorida Statutes, and co[ier county 0rdinance No. 07-44, as amended,it is hereby ORDERED: FINI 16.A.43.a Packet Pg. 2197 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) oR 5145 PG 2439 Respondent shall notifi tf6 abatement or mmpliance'so Pulse, within 24 hours of be ed to confirm compliance. 0 at Collier County, Florida. B Respondent is found guilty ofviolation ofCollier County Code ofLaws and Ordinances, Chapter 22, Article VI, Section 22-228(l) and 22-231(12)(c). D. Respondent is ordered to pay PsQ.P-.i on ofthis case in the amount of $115.25 on or before May 3 Respondent must abate the violation by obtaining all required Collier County Building permits, inspections, and certificate ofcompletion/occupancy and must comply with all property maintenance requirements including but not limited to: maintenance ofbuildings, structures, and premises as identified in Collier County code of laws and ordinances, Chapter 22, Article VI, Property Maintenance. Roofshall be maintained./repaired in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion ofthe building, on or before July 3,2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter, IfRespondent fails to comply with this Order, the Collier County Code Enforcement DepartmeDt may abate the violation using any method to bring the violation into compliance. Ifneceisary, the County may request the services ofthe Collier County Sherifls Office for the purpose of accessing the property for abatement. Allcosls ofsbatement shall be assessed against the property. C E. DOI\E AIID ORI)ERED thiS State of Florida Counly of COLLIER I HEREBY CERTIFY THAT this is a true and a:menl on llle in s of Collier Counly 'an cirl sealthis(r ay 1r co SPE DE ENTORCEMENT TE _--":.. l\L\ COKOF U AC.G OF FIIIES:Any fines ordered to be paid puBuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, fL 34104,phone # (239) 252-2440, or www.colliergov.net. Any release of lien or confirmation of com pliance or confirmation ofthe satisfaction ofthe obligations of this order may also be obtained at this location. Respondent(s) - George J. Sorbara and Jennifer Tarvin Sorbara, Collier Co. Code Enforcement Division cc ri: APPEAL: Any aggrieved party may appeal a final order ofthe Special Magistrate to the Circuit Court within thifty (30) days ofthe execution ofthe order appealed. An appeal shall not be a hearing de rovo, but shall be limited to appellate review of the record ueated within rhe original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. 16.A.43.a Packet Pg. 2198 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) 1) Pay operational costs in t days of this hearing. 2) Abate all violalions by: M and Certificate of Com BOARD OF COUNTY COMMISSIONERS Collier County, Florda Petitioner, Case No. CEPM20140021662 George J. Sorbara, Jennifer Tarvin Sorbara Respondent(s), STIPULATION/AGREEMENT coMES Now, the undersigned, G eo cae T' $lo4r+on behalf of himselt or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference case number CEPM20140021662 dated the 18th day of February, 2015. ln consideralion of the disposition and resolution of the matters outlined in said Notice(s) of Violalion for which a heanng is cunently scheduled for {"r-ts; to cy in the administration of the code enforcement process; and to obtain a quick and expe matters outlined lherein the parties hereto agree as follows:1) The violations noted in the refere and I stipulate to their existence Collier County Code of Laws a Section 22-228(1 ) and 22-231 l\2l(cl THEREFORE, it is agreed between he d requirements including but identified in Collier County C Maintenance. Roof shall be might admit rain or cause da ce of Violation all required Co ncy. Mu to mainten ance and ution of this case within 30 lding Permit(s), inspections, all property mainlenance s, structures and premises as Chapter 22, Article Vl Property \ t mpness anner and have no r portion of the building defects which withingo days @ of this hearing or a fine of $250.00 per day will be imposed until the violation is abated. 3) 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 nouR m{c. 3h!ll b€ !y pnon. or Lr and m€& dudng fi. viorkrN!€k. I ln. vlol.ion ls aM.d 2a horrt prlo. ro a s.twdar, Sund.y or r.g.t nolday, ih.n lne nol'fEatbn .nJ3l !c m€do on lhe n6ll dre, $rl l! not a sal!.!ay. sund.y or |!tal holid6y.) 4) That if Respondent fails to abate the violalion the County may abate the violation using any method to bring olation into compliance and may use the assistance of the Co unty Sheriffs Office ssed to the propertyto enforce provisions of this agreement and all costs of a te be Res r Representative (sign) 6 EDK6E 9or<bA*. Respondent or Representative (print) Director Code Enforcement Oe partment\.o Dale 4- z.-rs' REV 1230n3 *** oR 5145 PG 2440 **t #zg @ 16.A.43.a Packet Pg. 2199 Attachment: Backup Documents Sorbara (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) WOODS.WEIDENIVlILLER IVICHETTI. RUDNICK September 10, 2020 Via Certified Mail and Electronic Mail Iliana.Bureosti)colliercoun Ofl.qov Board of Collier County Commissioners c/o.lliana Burgos. Operations Supervisor 3299,Tamiami Trail East. Suite 303 Naples, FL 34112-57 46 l5l Bu."ning Tree Dnve. Naples, FL 34105 ("Property") Code Enfbrcement Case Nos. CEPM2O 140021662 and CESD2Ol4002 I 849 Dear Ms, Burgos and the Board of Collier County Commissioners: This firm represents Mr. Vinaya Sharma and SPH Banaya, LLC, a Florida limired liability cgmpany (collectively referred herein as "Owner"). Owner is under contract with a buyer to purchase the property with a closing date currently scheduled for September 19,2020. Upon receiving a title commitment and lien search report for the Property, our office became aware of two outstanding code enforcement liens against the Property (Code Enforcement Case No. CEPM20140021662 (as further referenced in Official Record Book 5211,Page 245) ("case No. 1662") and Code Enforcement case No. GESD2O140021849 (as lurther referenced in Oflicial Record Book 5163, Page 1325) (.,Case No. 1849"). Fines for case No. I662. which are presenrly s39,250,00, began to accrue on July 4. 2015 and were abated on Decenrber 7, 2015. Fines for Case No. 1849, which are $153,000.00, began to accrue on April 26, 2015 and rvere abated on July 3, 2019. The Property has exchanged hands atleast once since Orvner purchased the Property. Notably, Owner did not purchase the Property until April 26,2019, nearly four (4) years after Case No. 1662 rvas abated. Owner, after purchasing the Property, tobk immediate action to begin demolition and the Board of Collier County Commissioners ("Board") issued a certificate of completion not even three (3) months later on July 3,2019 (which was the same day that case No. lg49 was abated). Pttf;ucllt to Resolution 1'jc. 1012-,15 (4), a scttlcment of'Case Nos. 1662 a::cl I 849 ca:r 5e consiCeied after the Director of the Code Enforcement Department evaluates the following factors: ( I ) the fine/lien arnount is fixed and no longer accruing on a periodic basis (correct); (2) the underlying violation(s) resulting in the fine/lien has been abated or corrected (corr?ci): (l) history ofviolations involving the offering pany (N/A): (1) for code enforcement liens and fines on a property that has new ownership, 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 u'hich payment of the full lien amount would impose a severe financial hardship of the property ou'ner: fines accrued bl an existing owner would be considered for a rvaiver as long as the ixisting owner has diligently pursued abaternent and cornpliance has been achievedl and (6) the amount recovered rvill equal or exceed the costs and expenses incuned by the County in prosecuting the violation and obtaining. recording. and entbrcing the finellien (correct). Owner did not purchase the Property until April 26, 2019. Accordingly, remitting payment for thelull lien amounts would pose a significant financial hardship on Owner as both Case Noi.-teeZ and 1849 r 239.325.4010 WW N/tR 16.A.43.b Packet Pg. 2200 Attachment: Owner Letter (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) Page 2 of 2 September 10, 2020 began to accrue over four (4) years prior to Owner taking title to the Property. As fines 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: C ase No. 1662 I . Full and complete waiver of in the amount of $39.250.00.2. Owner shall be responsible for any and all costs incurred by Collier County in processing this request. Case No. 1849 l. Partial rvaiver in the amount of$149.200.00. 2. Owner shall remit payment in the amount of 53,800.00 and shall be responsible for any and all costs incurred by Collier County in processing this request. 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 your time and consideration. Very truly yours, Woods, W Iler, Michetti, & Rudnick, LLP Michae L. Michetti, Esq CC CIicnl Samuel f. ( olbum scolhum rr la*Jirmnaoles.com r:Vnichetli\legul Iiles\real estale closings\sharma st autielb\hardship lctt€r - l5l buming trec.docx 16.A.43.b Packet Pg. 2201 Attachment: Owner Letter (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) rNSTR 5135452 DWIGHI E. EROC REC $27.00 .-oR-.Il!! pG 1325 RECoRDED 6/L5/21LS 10:OB AM pAGEs 3K, cLERr( oF rHE crRcurr couRr, cbLLraR iounrV rr-6iiiii " @ENrCODE ENFORCEMENT BOARD Case No. - C8SD20140021849 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, GEORGE J. SORBARA and JENNIFER TARVIN SORBARA, Respondents. RCO vs. tt L On March 26, Respondents od guil (y ofviolatio Chapter 2, Article lV, Collier Development C D Motion for Imposition respectjve to all appropriate as follows ty Code ofLaws and Ordinances, , as amsnded, Section fence which never received a Certificate fori theTHIS CAUSE came be FineYliens on May 28, 2015, and matters, hereupon issues its Findin 10.02.06(BXl Xa) for having of Completion, which violati S COLF on(s) o Folio # 24021600009 (Lega I Description r_or l8) at l5l Buming Tree Drive. NaDIes. FL. & COLINTRY CLUB EST , BLK I I. 2 An Order was entered by the code Enforcement Board ordering Respondent to abate the violation on orbefore April 25' 20l5' or a fine of $ loo.00 per day would be assessed lor each day the violations continueliereafier until abatement is confirmed. (A copy of the Order is recorded at OR S l3g, pC 1204- 1205). 3 operational costs of$65 43 incuned by the county in the prosecution ofthis case were ordered ro be paid. 4 Respondent, hsving been dury noticed for rhe public hearing regardhg the county's Motion, did ,,ot appearat the public hearing, a.nd no legal defense to the Motion was presenteid. 5. No Request for Re-hearing or Appealpursuant to Ordinance 200744, as amended, has been timely filed. 6. The violation has not been abated as ofthe date ofthe hearing. ORDER Based upon the foregoing Findings ofFact, and pursuant ro the authority granred in Chapter 162, Florida Statutes, and Collier Counry Ordinance No. 2007-44, as amended, ir rs hereby ORDERED: A. Petitioner's Motion for lmposition ofFines/Liens is granted. \ ,\ 16.A.43.c Packet Pg. 2202 Attachment: Lien Orders (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) oR 5163 PC 1326 B Daily fines of $ 100.00 per day are assesscd against the Respondeds for 32 days for the period from April 26, 2015 though May 28. 20 l5 for a tolal amount of fines of $3,200.00. c Respondent sharr pay operationar costs for the Imposition ofFines hearing in the amount of$63.7i. D Respoldent is ordered to pay rrnes and costs in rhe to,ul amounr of$3,263,75 or be subject to Notice of Assessment ofLien againsr all propcrties owned by Respondent in Collier County, Florida. DONE AND ORDERED rhis fi dayor IUif ,ZorSr,CorrierCourty, Ftorida.,/ CODE ENFORCEMENT BOARD COLL . FLORIDA STATEOFFLORIDA ) COUNry OFCOLLIER) / The foregohg instrument was 2015, by Roben Kaufrnan, Chair of e/ personally known to me or Enforcement B Co ier , Florida, who is;) produced a License as idenrification. Drive aples, Fl 1 {.- I { PAYMENTOF FINES: Any fines ordered to bc paid pursuant to this order may be paid at the colier county Code Enforcement Depanment,2SO0 No(h Horseshoe Drive, Naples, Fl_ 34104, phone: (239) 252_2440, We;sitewww colliergov.net. Any release of Iien or confirmation ofcompliance or confirmalion of the satisfaction oftheobligations ofthis Order may also be obtained at this location. APPEALI Any aggrieved pany may appeal afinal order ofthe Board to the circuir court within thirty (30) days ofthe execulion ofthe Order appealed. An appeal shall nol be a hearing de novo, but shall be limited to appellate review ofthe record created within the originar hearing. It is &e responsibiriry ofthe appearing party to obtain a transcribed record ofthe hearing from the clcrk ofcourts. Filing an Appeal will not aurornatically stay the Board,sOrder. NOTARY PUBLIC My comrnission expires: KAREN G BAILEY coMMrSstoN f EE875l2t EXPIRES Feb,uary ia. 2017 5l CERTIFICATE OF SERVICE I 16.A.43.c Packet Pg. 2203 Attachment: Lien Orders (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) *** oR 5163 PG t327 **r I HEREBY CERTIFY thar a tlue and correct copy ofthis ORDER has been senrSorbara and Jenifer Tarvin Sorbara, l5l Buming Tree 34105 this20t5 Esquire Bar N for the Code Enforcement Board 681 Goodlette Road N., Ste. 2lO Naples, Florida 34012 (239) 26t-6909 Lti {;0 {l by-U. S. Maillo Ceorae J.Lw * )rte-. -; lt (l 5f -.rd ' r,ii l;-( : ri.j a Stale ol r'ia'Ji County cf CoLLiER inE REEY CaRTIFY Trrr'T ihrs is a true and coircal :oli ai :l N'ai''')Jnl q iile iR :'r" -ESloa; cl (D!V E, BROCK, Yiili\..:i:-".''J 16.A.43.c Packet Pg. 2204 Attachment: Lien Orders (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) rNsrR 5198694 oR 5217 pG 245 RECoRDED ay24/2l1,5 8:35 aM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CTRCUTT COURT, COLLIER COUNTY FLORTDA REc $18. 50 COLLIER UNTY CODE ENFO RCEMENT SPECIAL MAGISTRATE Case No. {f,PM2 0140021662 BOARD OF COUNTY COMMISSIONERS COLLIER COT'NTY, FLORIDA, Petitioner, vs. GEORGE J. SORBARA AND JENNITf, R TARVIN SORBARA, Respondetrt. I NS TE n upon the Petitioner's Motion al strat€, having heard argument &and Order of the Special THIS CAUSE came be fore for [mposition of FineVLiens respective to all appropriate Magistmte, as follows: nN Fi 2 c l. On April 3,2015, Respondent o Ordinances, Chapter 22, Anicle 7)-2ii llier County Code ofLaws and ( l2[c) for a roof in disrepair, which violation occuned on the property at I 5l Burning Tree Drive, Naples, FL, Folio #24021600009 (Legal Description: BIC CYPRESS GOLF + COLINTRY CLUB EST BLK ll LOT r 8). An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 3, 2015, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter unlil abatement is confirmed. (A copy ofthe Order is recorded at OR 5145, PG 2438). Operational costs of $ I I 5.25 incuned by the County in the prosecution of th is case have been paid. Respondent, having been duly noticed for the public hearing regatding the County's Motion, did not appear at the public hearing, and no legal defense to the Motion was presented No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. 3 4 5 6. The violation has not been abated as ofthe date ofthe hearing 16.A.43.c Packet Pg. 2205 Attachment: Lien Orders (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) r** oR 5217 PG 246 **r 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 lmposition ofFines/Liens is granted. B. Daily fines of$250.00 per day are assessed against Respondent for 126 days for the period from July 4, 2015 to November 6, 2015, for a total amount of fines of $3 1,500.00. c. D,Respondent is ordered to pay fines and costs in the total amount of $l!l[!!qg or be subject to Notice ofAssessment of Lien against all properties owned by Respondent in Collier County, FIorida. E. The daily fine of$250.00 shall con County Code Enforcement I DONE AND ORDERED this nfirmed by a Collier ty, Florida. {ia CODE ENFORCEMENT SON.a PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Diyision, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440, or www,colliergov.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. DWGH},8. APPEAL: Any aggrieved party may appeal a final order ofthe Special Magistrate to the Circuit Court within thirty (30) days ofthe execution ofthe Order appealed. An appeal shall not be a hearingde noeo, but shall be limited to appellate revi€w of the record created within the original hearing. It is the responsibility ofthe appealing pany to obtain a transcribed record ofthe hearing from the Clerk ofCourts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondenl -Ceorge J. Sorbara and Jennifer Tarvin Sorbara stale ol rloi\-id coliier co. code Enforcement Division counly of COLLIER I HEREBY CERirFY,lljAT this is a lrue and coffecl mMOl.l dofwd3 lpl file in Board.l',L4ule5 aFd {€roj(h 4,CoIer Counly WITtyEE!.mYt3rrd- 3nd iftsal s€al lhis }:!tiy,it Skt<,Btt.Y tr', CTERK OF COURTS ) Respondent shall pay operational costs for the Imposition ofFines hearing in the amount of $l1s.03. '/'?Y.tiii {qr 16.A.43.c Packet Pg. 2206 Attachment: Lien Orders (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) This lnstrument Prepared By: Jeffrey A. Klatzkow, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 34112 (239) 252-8400 KNOW ALL MEN BY THESE PRESENTS. That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIOA is lhe owner and holder of a certain lien against all real and personal property owned by: GEORGE J, SORBARA ANO JENNIFER TARVIN SORBARA, Respondents The lien was recorded on November 24,2015, in Official Records Book 5217, Page 245, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of thirty- one thousand six hundred fifteen dollars and three cents ($31,6'15.03), plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Oflicial Records of Collier County. Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Burt L. Saunders. Chairman Date By App legality J effrey County I20-CEO-01501/1574917/11 RELEASE AND SATISFACTION OF LIEN By: Date: Deputy Clerk 16.A.43.d Packet Pg. 2207 Attachment: Signed Releases (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara) This lnstrument Prepared By: Jeffrey A. Klatzkow, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 341 '12 (239) 2s2-8400 RELEA SE AND SATISFACTIO N OF LIEN KNOWALL MEN BY THESE PRESENTS: Thatthe BOARD OF COUNTy COMMTSSTONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a certain lien against att real and personal property owned by: GEORGE J. SORBARA AND JENNIFER TARVIN SORBARA, Respondents The lien was recorded on June 't5, 2015, in Official Records Book 5163, Page.1325, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of three thousand two hundred sixty{hree dollars and seventy-five cents (93,263.75), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and satisfaction of Lien, acknowledges payment as approved by the Board of county commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record lhis Release and Satisfaction of Lien in the official Records of collier county, Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By App Jeffrey A. County A Deputy Clerk and legalily {2GCED-01s01/rs749sO/11 By: Date: Burt L. Saunders. Chairman Date: _ 16.A.43.d Packet Pg. 2208 Attachment: Signed Releases (13981 : BCC v. George J. Sorbara and Jennifer Tarvin Sorbara)