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Agenda 01/12/2021 Item #16A22 (Lien - 7920 Friendship Lane)01/12/2021 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien, with an accrued value of $301,600 for payment of $450 in the code enforcement action titled, Board of County Commissioners v. James A. and Julia M. Askey, relating to property located at 7920 Friendship Lane, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners (Board) to accept an offer to release a code enforcement lien with an accrued value of $301,600 for payment of $450 in relation to Code Enforcement Board Case No. CESD20100008859. CONSIDERATIONS: The Code Enforcement Board ordered the imposition of a lien against James A. and Julia M. Askey, in Case No. CESD20100008859, for a code violation at 7920 Friendship Lane. The violation consisted of a mobile home on the property without the required Collier County permits. The lien was recorded in the Official Records on July 12, 2012, at O.R. Book 4816, Page 1524. The lien amount of $301,600 is based on 1,508 days of accrued fines ($200 per day from May 22, 2012 through July 7, 2016) $301,600. Operational costs were previously paid on March 2, 2012. The property was brought into compliance on July 7, 2016. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. Ms. Askey currently lives on a limited income with many financial obligations due to divorce, recovery from a major heart attack, and multiple health issues. It took a substantial amount of time and money to evict the residents living in the RV, remove the RV and both mobile homes, obtain demolition permits, and complete all inspections to bring the property into compliance. The property is being actively maintained and $450 has been paid in settlement of fines. The owner is requesting a waiver of $301,150 in accrued fines, see attached hardship letter as required. There are no known violations at this time. FISCAL IMPACT: Payment of $450 in settlement of fines and costs has been made. If approved by the Board, accrued fines in the amount of $301,150 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 fines in the amount of $301,150, accept payment amount of $450, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Hardship Letter (PDF) 2. Backup Documents (PDF) 16.A.22 Packet Pg. 746 01/12/2021 3. Lien Orders (PDF) 4. Lien Release (PDF) 16.A.22 Packet Pg. 747 01/12/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.22 Doc ID: 14377 Item Summary: Recommendation to approve the release of a code enforcement lien with a value of $301,600 for payment of $450 in the code enforcement actions entitled Board of County Commissioners v. James A. and Julia M. Askey Code Enforcement Board Case No. CESD20100008859 relating to property located at 7920 Friendship Lane, Collier County, Florida. Meeting Date: 01/12/2021 Prepared by: Title: – Code Enforcement Name: Dana Rarey 12/03/2020 3:38 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 12/03/2020 3:38 PM Approved By: Review: Code Enforcement Colleen Davidson Additional Reviewer Completed 12/04/2020 7:53 AM Growth Management Department Judy Puig Level 1 Reviewer Completed 12/04/2020 8:43 AM Code Enforcement Michael Ossorio Additional Reviewer Completed 12/11/2020 3:24 PM Public Services Department James C French Deputy Department Head Review Completed 12/14/2020 10:31 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 12/16/2020 1:14 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/16/2020 1:39 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/22/2020 9:37 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/22/2020 1:52 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 12/22/2020 5:21 PM Board of County Commissioners MaryJo Brock Meeting Pending 01/12/2021 9:00 AM 16.A.22 Packet Pg. 748 To Whom It May Concem: I am writing this letter on behalf of myself, Tisha Paskanik, and my Mother, Julia Askey.We would like to state an Extr€me Hardship and would like to formally request abatement ofall fines accrued on properly 7920 Friendship Lane, Naples FL 34l20.There is no way we could come up with the money to pay this. There are many circumstances that have led to this point. The penalties were accnred from the demolition of a structure without a permit.There was an older mobile home on the property which there were extra impact fees paid to keep as a guest house in 2000. It fell into disrepair and we removed it and replaced it with a newer trailer. The newer structue did not have architectural information available and we could not aford to have the engineering done to keep it . Code Enforcement told us we had to remove it, and we did well over five years ago . At this time I was dealing with a cra.ry neighbor who was relentlessly attacking us tlrough code enforcernent.He did this to our other neighbors for over twenty years and then about 2 years after we bought this property from him he started on us. Then he quieted down for l0 or more years and came back with a vengea.nce .He was a repeated code violator himself and the first things he called on were things he did on lhe property without permits before we even owned it. The inspectors would come to the gate and state that they don't know what kind of binoculars he was using but they could not see the stuff he was calling about from the road. He even showed up in person screaming about the new home. A lot of the code problems at the time stemmed from my former boyfriend who was helping me with the home and working at the property to try to get by. My mother was basically unaware ofany issues we were dealing with. I have a vested interest in the property so I dealt with all the code issues. I was pregnant at the time and all ofthis was taxing on me.I worked with Tony Assaro for the bulk of the process. He would come out and tell me if something was wrcng and I would immediately address it. Tony and his immediate Supervisor (l cant remember her name) came out and told me as long as I complied I could have any penalties rcmoved. The first home was removed and the replacement home was demolished and removed. Somehow tlte permit process was never completed. We filled out something and paid something like $20 and my Mother filled out a power of attomey for me to do permitting paperwork. We found out almost a year ago that the fines of$200 per day were being accrued and that it was an astronomical amount something like $300K that we could never pay. I think it almost gave my mother another heart attack. We are being fined for doing something that Collier County Code Enforrement required me to do ,I did not want to remove the new home but could not afford architects fees to get it engineered. strained due to divorce and or heart attack which almost ki her. We all live from paycheck to paycheck. I am a single mother and work part am a part time student,I am beginning Paramedic class in the fall where I live. I My Mothers health is diminished and her time O/C 16.A.22.a Packet Pg. 749 Attachment: Hardship Letter (14377 : BCC v. James A. and Julia M. Askey) plan on coming back here to live and serve this community . I didn't want to get into all those personal things but was told I needed to go into detail. This was a short version if you need more information feel free to contact me. Please consider my request with and open and sympathetic heart and mind. I apologize for the confirsion with the permit process the first time. As records should show we re-applied for the permit and had inspection done last year. I sent a letter via regular mail last year to request abatement but appar€ntly it did not make it to the correct party. Contact me with any questions. Tisha Paskanik 215-595-8729. We are anxiously awaiting a reply regarding this mafter. Thank you for your time .Have a blessed day. Sincerely Tisha D Paskanik and Julia M Askey 16.A.22.a Packet Pg. 750 Attachment: Hardship Letter (14377 : BCC v. James A. and Julia M. Askey) c8SD201000088s9 7920 Friendship Lane Folio # 0010r040008 Order Items I and 2z $200/day fine x 3 8 days (May 22, 2012 - June 28, 2012) Operational costs were paid3l2l12 Total Fines owed: $7,600.00 FOF Order OR 4656/PG 2321 recorded on March 2,2011 Order EOT granted OR 471 8/PG I 667 recorded September 13,2011 Order EOT granted OR 4781/PG 1815 recorded April ll,2012 Order EOT denied OR 481 6/PG 1 520 recorded July 12,2012 IOF Order OR 4816/PG 1524 recorded on July 12,2012 Violation abated: luly 7,2016 Fines accrued after IOF: Order ltems 1 and2: $200/day x 1,470 days (June 29,2012 - July 7,2016): $294,000.00 Total Fines: $301.600.00 Deed recorded on 2103198 and case is in compliance as of 717116. Same Owner Fines for owner: $301.600.00 [$200/day fine x 1,508 days (May 22,2012 - July 7,2016) Offer of settlement: $450 (operational costs paid previously) OWNER with Hardship ACCRUED VALUE: PAYMENT OF: TOTAL FINES TO BE WAIVED: $301.600.00 $450.00 $01.r50.00 James A. and Julia M. Askelz 16.A.22.b Packet Pg. 751 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) 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: Contacti FEE DETAILS: Fee Description Code Enforcement Board cashier Name: Batch Number: Entered By: 2020786151 2020-091400 tt/03/2020 $7,600.00 Pavment Method Check $4s0.00 $0.00 ASKEY, JAIVIES A & JULIA M 7920 FRIENDSHIP LN NAPLES, FL 341204891 Amount Paid $4s0.00 Check Number 1043 Reference Number cESD20100008859 Alina Harris 9605 jenn iferbaker Orioinal Fee $7,60 0.0 0 Amount Paid $450.00 GL Account 111- 138911-354400 16.A.22.b Packet Pg. 752 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) Details Page I of 1 Parcel No.00101040008 Site Adr.7920 FRIENDSHIP LN, NAPLES, FL 34L2O Name / Address ASKEY, JAMES A=& JULIA M 7920 FRIENDSHIP LN City NAPLES State FL Zip 34L20-489L No.Strap No.Section Township Range Acres nEstimated 2C24 000100 ol.o 2c24 24 47 27 4.34 N 30FT + W 30FT R/W Millaqe Area B 34 Sub./Condo 1OO - ACREAGE HEADER . MOBILE HOMES Latest Sales History (Not all Sales are listed due to Confidentiality) Date Amount 2016 Certified Tax Roll (Subject to Change) Land Value Millaqe Rates O School Other Total 5.345 8.L242 13.3652 $ 28,210 02/43/98 2385-586 $ 49,000 (+) Improved Value $7L,769 02/aL/8s $ s,000 (=) Market Value 169-761 $o (-) Save our Home $ 29,060 1=; Assessed Value $ 70,919 (-) Homestead $ 2s,000 (=) SchoolTaxableValue $ 4s.919 (-) AdditiCInal Hormestead $ 20,919 u23-937 06/oL/64 $ 9s,979 http://www.collierappraiser.com/main_search/RecordDetail.html?FolioID:101040008 711212017 & 16.A.22.b Packet Pg. 753 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) P47 r./4 oF Prop.rty ApPni!€rs Parccl tdcnrificrtion (Folb) Numbcr(s): 00101040008 Grropc(r) S.S.l(s): Thb Wrrrrnty DGod M.dc rrtis 26th&v of 'January r.rTcneel i. ossrnrxE AI'ID SA}'IDY L. OESTR Apvt ln[ t.lIE u n(r'[s DAtA FILE NO t 97t2o085 WARRANTY DEED Ob E'rls'.d'F' E.r N i @d b d& dl f &' d'r{@ d Csd r ft llrr( rd{'E" to: (ccb!. r.lf-rddrcr*d sumpcd cnvclope) NrE: ACttON TlTl, SEIVICES IllrlrtTn[Ncab of rctron tmr sgrvlcEs r tE?tlrry itrcilcul to olc fuffillltEil of cottditions in r tfuk insuraoce cornmlrncnl issua! by il. NORTHEAST L/4 OF I,ESS THE NORTH 30 THEREOF AS FIORIDA, TOGET'I{ER WITH THAT *L7726858, SERTAL Pridd Xrc: EliC rab?"Yr'irlaotero Sitolrt!: wbsPsidNm: X.d... n XfO Iarrrurnr Pr+rrcd bY: ERIC M ' BORGIA ffi 22?5351 0R: 2385 PG: 0586 ilr UColDtD t! onICru mlDt ct tiulll cilm, ll 0l/!!/tl rt ll:ltlt lllGl? l. IICI, CtlUcflr lt00c.0t ff.:ii "!:lllrta: rc?tot llltl o tlcl 0l A.D. 19 98 , bv IKE, HUSBAND A}ID WIFE R,AI{GE 27 EAST, T 30 FEET IER COUNTY, TITLE L dry of JanuarY le 98 OESTRIKE, HUSBAND AND WIFE Prinrcd Nrrirr: vhos. rnrritrl $rn$ is: MARRIED crllcd thc Slrnor, whos. Post offrc rddrcssis: BO50 FRIENDSHIP LANE, NAPLES, FL 34I .JNIIES A. ASKEY AND JULIA M' ASKEY, HUSBAND AND WIFE vhospostoffEerddrcss is: 7920 FRIENDSHIP I'ANE NAPLES' FL 3{120 bcrciarftcr crlled tbc trurloe'lo.U) Dollrrs. alr(t rxier Yrlublc so[sid€rrtions. rtmiscs, teletscs, convcys rnd conlirmi unlo Oe County, Florde, vu: ION BEING MORE WITNESSIETH! Thrl s.i.,trrnlor, lbr .od in cot$i.lerrlion oflhe sum of t loc.cirt vhcreof ir hcrebY eclno*ledged'hereby grrns, bargains, sclls, aliens, 8nilE.rll lhrl c€drin bnd situete in COLL IER AIJI,OF TRACT 25 OF AN PARTI CtII,ARLY DESCRI BED THE WEST 1/2 OF THE 1/4 OF THE lisl 6II| rtre honPsrsd o, n rnyw$€ rp0crumrnS To Hrvc ead to Hold' thc sanr in fcc 6G tntbr hcrGby covcrllots wi$ s.ld ttruc.sezed ol serd lend rn lic simplc: thal tht Erantor 3ood .ipl.td lrwtul ruthority to rll rnd convey seirJ lend: th.l dl€ St.ntot herehy fully uttrrnl\ thr title to sanl larxJ and will &fsod lhc rrm e3rina rhc lewful chims of ell pcrsons whomsvet: and Ural sid hlll is frcc of all encumbrenscs. €rcePl tlrcs rccruirryru@rrnttoDocember3l. 19 9?, fclcftrtions, restticlionsllldc'scmcntsof rccord' if 'ny IN WITNESS hss hcreunto sst Srenlot's hend rnd serl thc dey arrl yerr lirsl rbove wrintn' Sitlcd. Scrbd Srala.lrr R wbsSilDnu!: wi6rr Prid.d Nrm:I,EBBIEDC,LEON llltrs Si'orarc: Yb.o Pticd Nr: STATE OF FIJORIDA OF COIJITIER Thc forcroiar ingnrmcnt wrs eclmuled3ed be forc rr rhrs 2 5 t h MItTIiEL R. OESTRIKE AI{D SNIDY L. rAo Uue pcrroully Lnonn to mc or who hrs/luve produced IIUVCF u klc*ificrtin. My Cmdrrin erPirer: l{ndcr: Notrry hblb .. :i M. t 16.A.22.b Packet Pg. 754 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) ( ()t,t.tt.R ( 0t \T\, r.'l-oRlD.\ ('ol)[: ].\ t:'(]R(:E \1 E\l' 8(J..{ Rr) C!:[' ( ,rsr \O. CESD201000088i9 ( Ol"l"ll:lt (l{}U N"l"Y ll( )..\ R I ) 0l: C'OI,.IN I' \' COI1 M I SS I () s- I : R5. Ilet i t irincr ,\5K1:\,.lA\11:.S r\ & Jt.:LIA i!1. I)efr:rtrlant(st ".\! rtDAvt'r ()F co[lPLIAN(]!. ST'A'fE 0I. I.'I,ORIDA C]OUN'I'Y OF COLLIER I-]tjFORLl ME. the undersigned authorit).. persunall)'appeared !{ichacl Odorn" Coclc En{irrcernent Official for thc Cod* Llnfbrccrnenl Board of Collier Clourrtl . rihrr aiier beine tirllr s\\'orn" deposes and sa\,s; 'fhat on Februan, 14. l0 ll. the Code linforcen)ent Board held a hraring und issued an (Jrder in the aht:ve-st,r'letl rratter arld statecl that De llndant{s) r\as to abate all riolatiorrs as stated in the Order recorded in the public records of Collier ('ount-v. Irlurida in OR Book 4656 PG Ii: I . el. seq. :. 'l'hat tlie respondent did crntact the invcsligator 3. -[ ha1 a re-irtspection \.vas pe:r{irrnrcd on 'l"hursclay. Jull 7. 20 l6 ,1. 'l'hrt the re-inspection(s) revealctl that thc corr€ctive action ordclec{ h;,the Coclc f:ntbrcement Board was in conrpliance b1.' perrnit PRtlD2016062 I I l{ I heine finaled. f LiRl IIIrR u\[IIA\l' S.,\YHTU NO.l DAI"ID this ?th day of Jull'. 2016. COLI-l[:R COI-l)'i1'Y. Fl-(]RIDA NFORCF.l,l l--N I" I1( ):\ R t) *bz Michael Odom ('ode En fbrcenrerrt 0l'f ic ial sl"dT[ o]r ,rl-0RIDA(.(X'\'I\'()I ('0LLIER Su'tlrn to (or it tSi t [,rint.'1.1 I:tcrrsonallv knotvn l' subscrilxcl hr:lirrc nrc rhis l+h Uu. ui Ju I5 2{tl{r br !{ichaci Odom iic t cri)grvr= Cornmissioned Nante ol \utarr I)Lrlrlici w OAILY I{AVAffffO |/Y CoMMtsstcst, FF 19623 EXPIRt$: &nuary 15, 2019 Bodid Bn, 8{d$! Nc8ry Srnr?r 16.A.22.b Packet Pg. 755 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) GOLLIER COUNTY BOARD OF GOUNTY GOMMISSIONERS GERTIFIGATE OF GOMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying 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: PERMIT NBR: CO TYPE: ADDRESS: SUBDIVISION: LOT: SLUC CODE: JOB DESC: penalties 7920 frendship ln OWNER: PRBD20I6062 I l8l0l CO NBR: STATUS: Finated COMP ISSUED DATE: July 07,2016 7920 Friendship LN BLOCK: T.R.S.: UTILITY COMPANY: demo - removal of mobile home - past tence already removed over 4 yrs ago , unaware of current NUMBER OF METERS: ASKEY, JAMES A & JULIA M LEGAL DESCzuPTION 24 47 21Wll2 0F SWI/4 0F NWI/4 OF NEIi4, LESS N 3OFT + w 30FT R/W 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. 16.A.22.b Packet Pg. 756 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) rNSTR 47L7O95 oR 4816 PG L524 RECoRDED 7/L2/2OL2 2:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 CODE ENFORCEMENT BOARD COLLIER COT'NTY, FLOzuDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner,cESD20100008859 JAMES A. AND JULIA M. ASKEY, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public vs. An Affidavit of Enforcement Oflicial on June 25,2012, which Affidavit not been taken as ordered. Accordingly, it having have not complied with the Order dated February 25,2017, it ORDERED, that the Iier County fines in the amounl of $7,600.00 (Order Items 1 & 2) at a 2012 through June 28, 2012(38 days). The operational costs have been IT IS FURTHER ORDERED until Respondents come into compliance or until Judgment is rendered in a Statutes. filed pursuant to Section 162.09 Florida Any aggrieved party may appeal a fural order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Respondents at which time the Board and Conclusions ofLaw and thereupon and fumished to Respondents and 2321, et. seq. on March 2, 2011. 24,201 l, after due notice to evidence, and issued its Findings of Fact to writing on February 25,2011, County, Florida at OR 4556, pG 2012 at Collier County, Florida. ENFORCEMENT BOARD , FLOzuDA Drive 34r04 DoNE AND oRDEREo *ris lo{Laay $tata ot FtrrRlOA .Doumy ot COIUER t HEREBY :orroct copy ot Soard Ml in the Public Records Order which James A. and Julia for the Iy v**.Q 16.A.22.b Packet Pg. 757 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) *** oR 4816 PG 1525 *** STATE OF FLOzuDA ) )SS: couNTY oF coLLrER) r .{h The foregoing instrument was acknowledged before me this (, day of Eorrded Thtou0h Netion.l Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this this IrA. and Julia M. Askey, 7920 Friendship Lane, KRISTINE TWENTE Nolary Public - Stat! ol Florlda My Comm. Erplrci Jun 18,2015 Commisrlon , EE872l2 PUBLIC My commission expires:_ of 210 Florida, who is Driver's License as identification. been by S. Mail to James 2012. M. Bar No. Road 16.A.22.b Packet Pg. 758 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) rNSTR 4531287 OR 4656 PG 232L RECORDED 3/2/2OLL 8:03 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COIINTY, FLONDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JAMES A. AND JULIA M. ASKEY, Respondents cESD20100008859 THIS CAUSE came on for public and the Board, having heard testimony under oath, received thereupon issues its Findings of Fact, Conclusions of l. That James A. and Julia 2. That the Code and that the Respondents, having been duly into a Stipulation. 3. That the Respondents rvere and by posting. 4. That the real property located at 34120, Folio 101040008, more particularly described as All ofTract 25 ofan being more particularly described as follorvs: The West t/zof the Southrvest % of the Northrvest % of the Northeast % of Section 24, Township 47 South, Range 27 Eut, less the North 30 feet thereof and less the West 30 feet thereof as reserved for road right-of-rvay, Collier County, Florida is in violation of Ordinance 044 l, the Collier County Land Development Code, as amended, section 10.02.06(BXlXa) in lhe following particulars: Mobile home on the property rvithout Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings ofFact and Conclusions ofLarv, to the Stiputation attached hereto and incorporated herein, and to the authority granted in Chapter I 62, Florida Statutes, and Collier County Ordinance No.0441, it is hereby ORDERED: That the violations of Ordinance 04-4 I , the Collier County Land Development Code, as amended, section 10.02.06(BXl)(a) be conected in the following manner: l. By applying for and obtaining a building permit for the mobile home or by obtaining a demolition permit for removal, and requesting all required inspections through certificate ofcompletion/occupancy rvithin date ofhearing by has jurisdiction not appear at the 60 days (April 2s, 201 l). 16.A.22.b Packet Pg. 759 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) oR 4656 PG 2322 2. That if the Respondenls do not comply with paragraph I of the Order of the Board by April 25,201l, then there rvill be a fine of$200.00 per day for each day until theviotation is abated. . - . _ 3-. That the Respondents are to noti& Code Enforcement oflicials that rhe violation has been abatedlvithin 24 hours ofabatement and request lhe Investigator to come out and perform a hnal inspection to confirm theabatement. 4. That if the Respondents fail to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff s Oflice to enforce the provisioni of this order and all costs of abaiement shall be assessed to the property olvner.5. That the Respondents are ordered to pay all operational costs incuned in the prosecution ofthis Case in the amount of $80.29 rvithin 30 days. . 4ny aggrieved party may appeal a fmal order of the Board to the Circuit Court rvithin rhirty (30) days ofthe execution of lhe order apPfled. An appeal shall 1oJ !e a hearing de novo,but shalt be limited ti, ippl,rr"t,revierv of the record created rvithin. Filing an Appeal shall not rtuy t-h. Boardis order. DONE AND ORDERED this STATE OF FLOzuDA ) )SS:colrNry oF coLLrER) The foregoing instrument rvas I HEREBY CERTIFY thAt A truC NOTARY PUBLIC My commission expires:_ CERTIFICATE OF SERVICE and correct copy ofthis ORDER has been sent I at Collier County, Florida. BOARD who is s License as identification. S. Mail to James ,201l. Esq. 503 u A. and Julia M. Askey, 7920 Friendship Lane, Naples, Florida 34120 thissp*+t1ay of M. Jean Florida Bar No. 7 2375 North Tamiami Trail, Ste.20g Naples, Florida 34013 (239)263-8206St tt, O: FulRlllA &unty dCOUJEf Srhr COLLIER me this Board KRIMNEHOLTON r,rY cor.rNrsstoN I DD 6e65"cs EXPIRES: June 18, 201 t BsCed ttru No:rry fulfE Ur&site6 ?r f,lo lr rlr-z It \ Scard 16.A.22.b Packet Pg. 760 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) *** oR 4656 PG 2323 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs.Case No.CESD2O1 00008859 James A. & Julia M. Askey Respondent(s), ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Molation for which a hearing is cunently scheduled process; and to obtain a quick agree as follows: 1) The violations noted in the for ; to promote in the administration of the code enforcement matters outlined therein the parties hereto and I stipulate to their existence. THEREFORE, it is agreed 1) Pay operationalcosts in STIPULATION/AG REETENT COiIES NOW the undersigned, Tisha Paskanik, on behalf of hersetf as representative for Respondent andeqters into this.Stipulation and Agreement with Collier Coung as to the reiolution of Notices oi Violation inreference (case) number CESD20100008859 dated the 26th day of, 2OlO. and days of this hearing. 2) Abate allviolations by: of this case within 30 r Permit or Demolition Permit for the mobile and obtain a Certificate of Completion for the struc{ure 'a fine of $200.00 per day wifi be imposed for each day the violation 3) Respondent must notify Code Enforcement wtthin 24 hours of abatement of the violation and requestthe lnvestigalor perform a site inspection to confirm compliance.(2' houl rd€ ahan bc by ptEm q tar ard flEda dt,lng Blc nrtrhreclq I thr vloblion b ab&ad 2,r hor3 p.l6 b i sdurtry, Srnday d^ lcO^rt tbtiday,0En |ha ndrf,cauql mJst bcnEdo oo uE ncd dly tEt B noa! Saturdry. &rrdry r lcg|al Mday.) 4) That if the the County may abate the violation and may use theassistanceto enforce the provisions of this agreement and allcosts of the property owner. Respondent or Representative Diane Flagg, Director Code Enforcement Department 2_-Z -lorDate Respondent fails to abate the viotation of the Collier County Sheriffs ffice 222t Date / of Molation and obtaining a all req of this o*r\N.N1 *c{ Ec^sr\-ts N.. R Tr.\..,^ 11' QS\r, I REVt/12/10 b- 16.A.22.b Packet Pg. 761 Attachment: Backup Documents (14377 : BCC v. James A. and Julia M. Askey) rNSTR 47L7O95 oR 4816 PG t524 RECoRDED 7/L2/20L2 2:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18. 50 BOARD OF COI.JNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner,cESD20100008859 JAMES A. ANDJULIA M. ASKEY, Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public February 24,2011, after due notice to Respondents at which time the Board evidence, and issued its Findings of Fact and Conclusions ofLaw and thereupon vs. and fumished to Respondents and 2321, et. seq. on March2,20ll. to writing on February 25,Z}tl, County, Florida at OR 4656, pG An Affidavit Enforcement Official on June 25,2012, which Affidavit not been taken as ordered. Accordingly, it having have not complied with the Order dated February 25,2011,it ORDERED, thAt thc Iier County fines in the amount of 57,600.00 (Order Items I & 2) at a 2012 through June 28, 2012 (38 days). The operational costs have been IT IS FURTHER ORDERED until Respondents come into compliance or until Judgment is rendered in a Statutes. filed pursuant to Section I 62.09 Florida Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DoNE AND oRDERED tt t, l/Louv.rOaflcfi 2012 atcotlier county, FIorida.-N--1- CObE ENFORCEMENT BOARD , FLORIDA Drive B Stat, ot Pt .rftl0A .toumy ot COLUER I HEREBY :orroct co9y 9oard t?ur gt Oosilf 34104 in the Public Records Order which James A. and Julia for the Iy,#..0 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 16.A.22.c Packet Pg. 762 Attachment: Lien Orders (14377 : BCC v. James A. and Julia M. Askey) *** OR 4816 PG 1525 *** STATEOFFLORIDA ) )SS: couNTY oF coLLrER) t 'L/^The foregoing instrument was acknowledged before me this (_, ' day of ",ffi= KRISTINE TWET.ITE Nolary Public - Stat! ol Flotlda My Comm. Erplrca Jun 10.20t5 Commlsrlon , EEATZI? Eondcd Thrc0gh I'lrtionrl ilolrr! Assn. Y PUBLIC My commission CERTIFICATE OF SERVICE conect copy ofthis ORDER ', Florida, who is Driver's License as identification. been by S. Mail to James this (of 2012. I HEREBY CERTIFY that a true and A. and Julia M. Askey, 7920 Friendship Lane, 210 M. Bar No. Road 2012, me or 16.A.22.c Packet Pg. 763 Attachment: Lien Orders (14377 : BCC v. James A. and Julia M. Askey) This lnstrument Prepared By: Jeffrey A. KlaEkow, Esquire Collier County Atlomey's Office 3299 E. Tamiami Trail-Suite 800 Naples, FL 341 12 (2391252-8r',00 RELEAS ANO SATISFACT ION OF LIEN KNOWALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMTSSTONERS oF coLLlER couNTY, FLORIDA is the owner and holder of a certain lien against alt real and personal property owned by: James A. and Julia M. Askey, Respondents The lien was recorded on July 12,2012, in officiat Records Book 4816, page is24, in the officiat Records of collier county, state of Florida. The lien secures the pnncipal sum of seven thousand six hundred dollars and zero cents ($7,600.00), plus accrued interest and penalties, rf 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 ofthe 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 official Records of collier county, Florida. to acknowledge that the lien ceases to exist. . Chairman Date By By Deputy Clerk Ap J effrey County ow ey ATTEST CRYSTAL K. KINZEL, Clerk Date: form and legality BOARD OF COUNW COMMISSIONERS COLLIER COUNTY, FLORIDA l2O-CErl0lsr3/rs8s4s4/rl 16.A.22.d Packet Pg. 764 Attachment: Lien Release (14377 : BCC v. James A. and Julia M. Askey)