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Agenda 01/26/2021 Item #16A11 (Code Enforcement Lien - Ferreira)01/26/2021 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $10,230.13 for payment of $575.13 in the Code Enforcement action titled, Board of County Commissioners v. Antonio Ferreira and Theresa Ferreira, relating to property located at 5124 24th Ave SW, Naples, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $10,230.13 for payment of $575.13, in relation to Code Enforcement Special Magistrate Case No. CEV20150012175. CONSIDERATIONS: The Special Magistrate ordered the imposition of a lien, against Antonio Ferreira and Theresa Ferreira, in Case No. CEV20150012175 for a code violation at 5124 24th Ave SW. The violation consisted of an unlicensed and inoperable vehicle parked on the grass. The lien was recorded on November 24, 2015, at O.R. Book 5217, Page 249. The current lien amount of $10,230.13, is based on 199 days of accrued fines ($50 per day from September 12, 2015 through March 29, 2016) totaling $10,230.13, plus $230.13 operational costs. The violation was corrected, and the property was brought into compliance on March 29, 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. The Ferreira’s were unaware of the code violation on their rental property due to the violation notices being sent to an incorrect mailing address for them. They only became aware of the lien during the process of refinancing their homestead. Payment of the full lien amount would cause a hardship to their finances as Ms. Ferreira is a Collier County public school teacher. They have paid $575.13 in settlement of fines and the property is being actively maintained. The owners are requesting a waiver of $9,655.00 in accrued fines; see attached hardship letter as required. There are no known code violations at this time. FISCAL IMPACT: Payment of $575.13 in settlement of fines and costs has been made. If approved by the Board, accrued fines in the amount of $9,655.00 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. JAK RECOMMENDATION: To waive the fines in the amount of $9,655.00, accept payment amount of $575.13, 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. Owner Letter (PDF) 2. Backup Documents (PDF) 16.A.11 Packet Pg. 502 01/26/2021 3. Lien Order (PDF) 4. Signed Release (PDF) 16.A.11 Packet Pg. 503 01/26/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doc ID: 14559 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $10,230.13 for payment of $575.13 in the Code Enforcement action titled, Board of County Commissioners v. Antonio Ferreira and Theresa Ferreira, relating to property located at 5124 24th Ave SW, Naples, Florida. Meeting Date: 01/26/2021 Prepared by: Title: – Code Enforcement Name: Dana Rarey 12/21/2020 3:42 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 12/21/2020 3:42 PM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 12/21/2020 4:02 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 12/21/2020 4:04 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 12/22/2020 7:57 AM Public Services Department Jeanne Marcella Deputy Department Head Review Skipped 12/22/2020 7:58 AM Growth Management Department Jeanne Marcella Department Head Review Completed 12/22/2020 7:59 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/22/2020 8:29 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 12/22/2020 9:38 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 01/07/2021 8:28 AM Board of County Commissioners MaryJo Brock Meeting Pending 01/26/2021 9:00 AM 16.A.11 Packet Pg. 504 To Whom It May Concern, Property Lien - Case Number CEV20150012175 On November 17, 2020, my husband and I were informed that we have a lien of $10,230.13 on an investment property that we have owned since 2009, but never lived in. The lien was discovered because we applied for a loan to refinance our residence located at 175 Burnt Pine Dr., which we have been living in since 2001. Somehow, an error was made when recording the deed with the county and listed the mailing address for us as 5124 24th Ave SW. I am being advised by the Collier County Property Appraisers Office that the error was likely made by the closing company, which I tried to contact but the number is no longer in service. Our family has never resided at 5124 24th Ave SW, which is the property associated with the lien. I am a Collier Country Public School teacher, and this amount would be a hardship for us to pay $10,230.13. However, we are willing to pay the amount of $575.13 incurred by the county. This violation was just brought to our attention, and for that reason, we do not feel that this lien is just; without refinancing our current residence, we may have never been made of aware of this lien. The code enforcement issue dates back to 6/19/2015 for inoperable/unlicensed vehicle at address of 5124 24 th Ave SW. The violation was caused by tenants unbeknownst to me and my husband. As the owners of the property, we were never contacted about the violation. In the notes it says the owner of the car was discovered but doesn’t say if they were never contacted. Our names do not appear in any of the notes made during the investigation. The issue was closed in 3/29/16. With an amount of this magnitude, Collier County should have sent a certified letter or something in writing that required formal acknowledgement to make us aware of this matter. There was never even a red sticker or anything placed on the vehicle indicating a violation. A lien of $10,230.13 is more than just a slap on the wrist. We have been residents of Collier County since 2001, and have always resided at 175 Burnt Pine Drive. Our proof of residence is our Driver’s License and many other bills at 175 Burnt Pine Drive that the country has access to. We have paid our taxes on time, and have followed all the rules in Collier County. We should not have to pay for something that was never made apparent to the owners of the property. As the owner of the property, we do understand that we are responsible for the tenants who live there, but we were never notified of this issue. If we were notified, it would have been corrected as soon as it was brought to our attention. We are asking that the lien be removed. We never received any notices from code enforcement due to a clerical error made by someone that listed our mailing address incorrectly. We greatly appreciate your assistance in straightening out this matter as soon as possible. It's not easy to sleep with this hanging over us. Sincerely, Theresa & Antonio Ferreira 175 Burnt Pine Drive Naples, FL 34119 239-707-7213 (Tony) 239-250-2058 (Theresa) 16.A.11.a Packet Pg. 505 Attachment: Owner Letter (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) Antonio Ferreira and Theresa Ferreira Case CEV20150012175 512424th Avenue SW Naptes, FL 34 Folio # 36315720007 Vehicle with expired tags parked on grass Order ltems: $50/day fine x 56 days (September 12,2015 - November 6,2015) : $2,750.00, plus operational costs of $230. I 3 Total Fines: $2,980.13 FOF Order OR 5193/PG 3044 recorded on 9/11/15 IOF Order OR 5217lPG 249 recorded on 1ll24l15 Violation abated: March 29,2016 Fines accrued after IOF: Order Items: $50/day x 144 days (November 7,2015 - March 29,2016): $7,200.00 Total Fines Owed: $10.230.13 Deed recorded on 9122108, and case is in compliance as of 3129/16 Fines for Owner: $10.230.13 Offer of settlement: $575.13 ($345.00 fine + $230.13 costs) Owner with Hardship ACCRUED VALUE: $10.230.13 PAYMENT OF: $575.13 TOTAL FINES TO BE WAIVED: $ 9.655.00 16.A.11.b Packet Pg. 506 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) To Whom It May Concern, Property Lien - Case Number CEV20150012175 On November 17,2020, my husband and I were informed thatwe have a lien of $10,230.13 on an investment property that we have owned since 2009, but never lived in. The lien was discovered because we applied for a loan to refinance our residence located at 175 Burnt Pine Dr., which we have been living in since 2001. Somehow, an error was made when recording the deed with the county and tisted the mailing address for us as 5124 24th Ave SW. I am being advised by the Collier County Property Appraisers Office that the error was likely made by the closing company, which I tried to contact but the number is no longer in service. Our family has never resided at 5124 24th Ave SW, which is the property associated with the lien. I am a Collier Country Public School teacher, and this amount would be a hardship for us to pay $10,230.13. However, we are willing to pay the amount of $575.13 incurred by the county. This violation was just brought to our attention, and for that reason, we do not feelthat this lien is just; without refinancing our current residence, we may have never been made of aware of this lien. The code enforcement issue dates back to 6l19/2015 for inoperable/unlicensed vehicle at address of 5124 24 th Ave SW. The violation was caused by tenants unteknownst to me and my husband. As the owners of the property, we were never contacted about the violation. In the notes it says the owner of the car was discovered but doesn't say if they were never contacted. Our names do not appear in any of the notes made during the investigation. The issue was closed in3l29l16. With an amount of this magnitude, Collier County should have sent a certified letter or something in writing that required formal acknowledgement to make us aware of this matter. There was never even a red sticker or anything placed on the vehicle indicating a violation. A lien of $ I 0,230.13 is more than just a slap on the wrist. We have been residents of Collier County since 2001, and have always resided at 175 Burnt Pine Drive. Our proof of residence is our Driver's License and many other bills at 175 Burnt Pine Drive that the country has access to. We have paid our taxes on time, and have followed all the rules in Collier County. We should not have to pay for something that was never made apparent to the owners of the property. As the owner of the property, we do understand that we are responsible for the tenants who live there, but we were never notified of this issue. If we were notified, it would have been corrected as soon as it was brought to our attention. We are asking that the lien be removed. We never received any notices from code enforcement due to a clerical error made by someone that listed our mailing address incorrectly. We greatly appreciate your assistance in straightening out this matter as soon as possible. It's not easy to sleep with this hanging over us. Sincerely, Theresa & Antonio Ferreira 175 Burnt Pine Drive Naples, FL 34119 239-707-7213 (Tony) 239 -25 0 -205 8 (Theresa) 16.A.11.b Packet Pg. 507 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) 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: FEE DETAILS: Fee Description Specia I Maqistrate Cashier Name: Batch Number: Entered By: 2020796327 2020-707576 72/09/2020 $7,2s0.00 Pavment Method Check Reference Number cEV20150012175 Richa rd Koen igsknecht 9683 Iliana Burgos Amount Paid $34s.00 Check Number 4572 $34s.00 $0.00 FERREIRA, ANTONIO & THERESA 175 BURNT PINE DR NAPLES, FI 34TT997 5L Oriqinal Fee $7,250.00 Amount Paid $ 34 5,00 GL Accou nt 771-138971,-343922 Amount Paid: Change / Overage: Contact: 16.A.11.b Packet Pg. 508 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Descriotion Operational Costs (CEB) operational costs (sN4 ) Cashier Name: Batch Number: Entered By; 2020796324 2070-t01573 72/09/7020 $230.13 Pavment Method check Reference Number cEVz0150012175 cEV20150012175 Richa rd Koen igsknecht 9683 KerryAda ms Amount Paid $230.13 Check Number 4572 $230.13 $0.00 FERREIRA, ANTONIO & THERESA 175 BURNT PINE DR NAPLES, FL 347799757 Orio ina I Fee $115.25 $ 114.88 Amount Paid $11s.2s $ 1 14.88 GL Account 111- 138911-354400 111- 13891 1-343922 16.A.11.b Packet Pg. 509 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) Collier County Property Appraiser Property Summary Parcel No Name / Address FERRE;RA, ANTONIO THERESA FERREIRA 175 BURNT PINE DR City NAPLES Strap N o. 324100 199 44821 State FL Site City NAPLES Site Zone*Note 34116 Zip 34119 Range Acres *Estirnated 0.34 $ 195,052 equal 0 this parcel was created after the Final Tax Roll Section 21 49 Legal GOLDEN GATE UNIT 6 BLK 199 LOT Mitlage Area o 20 Millage Rates o *Calcutations Sub./Condo 324100 - GOLDEN GATE CITY UNIT 6 School Other Total U*s*e-Co-de.o 8 - MULTI-FAMILY LESS THAN 10 UNIT 5.016 7.1177 12.1337 2O2O Certified Tax Roll {Not all (Subject to Change) Date Land Value $ 163,494 09122/08 (+) lmproved Value $ 161,154 06llolo8 4369-2562 $ 100 ) Market Value $ 324,648 279,OOO (-t 10% Cap $ 129,s $ 154,000 1=1 Assessed Value $ les,o52 1=; School Taxable Value 5 324,648 $ 105,000 1=; Taxable Value lf all Valuei shown above $ 85,200 $ 91,soo Site Address 5124 24TH AVE*Disclaimer SW 264821 Book-Page 16.A.11.b Packet Pg. 510 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) Reootling Requested bv & Vlnm Rscorded Retum To: US Recordings, tnc. 2925 Country Drive Ste 201 St. Paut, MN S5ti7 crl- N-os-o9r.5l- tc+ Space Above This Line For Recording Data) eqllier County Parcel ldentification Numbcr: 3631572fi)07 Wt4trek fu;c"slo4,ooo.ouMrll Ter SlrGcnts to Grutce 4213768 0R: 4395 PG: 1618 tlCoIDlD iD 0mCIU $C0IDS of C0[[Ill C0mI, I[, t9l2ll100t at lt:t0Pt orlc[t t, Bt(}cI, clBlrc0$ 10?000.00' uc lll 1t.50 Doc-,?0 1{r.00 let[: [s ucot0llcs IIc 2925 Coumil DR st PlUt u 55111 9169 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS TIIAT: THIS SPECIAL WARRANTY DEED, cxecutcd this **b day of -\' rlt u ;;ffi."'-"," -3WYr\G S*.ov. Covu-"-' 2008 as 'Grantot') whose post officc /by first party, US BANK NATIONAL ASSOCIATION, AS TRUSTEE mailing a&ess is 27ll Nonh Haskcll Avenue, Suite 900, Dallas, Texas 75204 (hcreinafter rcferred to as.Grantor,') to the sccond party, Antonio and Thcrcsa Fcrreira., hcreinaftcr refcned to as ('Crantees") whose post office / mailing ad&css is: 5124 Southwe.st 24d Avenue, Naples Florida 34116. WITIYESSETH, That thc first party, for good consideration and for the sum of Tcn Dollars (glo.@) in hand paid' by thc said Grantcc, and other good and valuablc_consideration, the receipt of which is hcreby acknowlcdgcd, has hcrcbygrantcd' batgaiDcd and sold to thc said second party forcver, all the right. tir.le, intcrcsi and claim which thc said firsr frny has in ando thc following dcscribcd parccl of land, and improvcments and appurtenances rhcreto in thc County of corricr, stal Jr n'oriaa I.oT 4 BI.,()ICK 199, GOLDEN GATE THE PLAT THEREOF RECORDED IN PIJITB(Xlt( 5, PAGES 124 THROUGH 134,COLLIER COUNTY, FI,ORIDA. And thc Grrntor docs hcrcby spccially wrll defend the samc against cvcry Pcfsonwhomsocvcr claimiug or claims thc same or but against nonc othet. This conracyarrcc is rnadc and conditions, riglrtsof-wny and rcgulations ard ordinanccc of rescrvations, cxccptions, covcnants, partics, and any and all zoning hws, cxtcnt that thcy arc in cffcct and to thc hcrcin dcscribd propcrty, o thc situatcd. This coavcyancc is mrdc rndacccptcdsubjcct to all prascntly covcnants, conditions, oil ard 8aslcascs.mincral inrcrests. and water Grantor, and other instrumcnts, othcr thancoovcyrnce of thc surfacc fec cstate, subcqucnt yc.rs.furthcr madc subjccr to taxcs for 2@7 atn TO HAVE AND TO HOLD samc unto assigns forever, with all appurrcnanccs thcreuntobclonging, Grantor covcnans with Grantcc and Grantor and any other pcrsorL pcrsons,cntity or cntiticsin Gnntor's nanrc and behalf or claiming undcr Grantor shall not or will not hercaftcr claim or dcmand rny right or titlc !o rhcprcmiscsor any part thercof, but they and each of them shall be cxcludcd and forevcr barrcd thcrcfrom cxccpt as hcrcin sctforth. IN WITNESS WHEREOF, The said Crrantor has signed and sealed thesc prcsens the day and ycar firsr abovc written. US BANK NATIONAL ASSOCIATION, AS TRUSTEE On.t4.Paul LaRosa CORFORATESEAL Management CfficerAuthorized Rcprescntativc nssffintUflB?residenr Tirle Sign€d,in the of: hintcd Namc a*irtrra*rr+l**tttl*tlaaar****ttt*artttarttta*a*****t Statc of r me, a Notary Public,*-r k1?clc-pcrsorully known to mcOn (or to said land to and validly existing outstanding in the Propeny. to me on the basis of satisfactory evidence) to be the pcrson whosc namc is subscribcd within insgumcnt and 16.A.11.b Packet Pg. 511 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) *tt'0R: 4395 PG' 1619 rr* acknowlcdged to me that hey'she executed the same in hivher authorized capacity. and that by hivher signature on the instqument theperson, or the entity upon behalf of which the person acted, executed rhe instrumenr Signature My Commission This instrument was prepared by:Nick Pugh 6500 Pinecresl, Plano, TX 75024 972-662-4094 Print Name (Seal) Notary +tcr+ctre+rre pr€parer, at the address above, after recording ERICA J. T.IGREIl NoT.lRY l-Ual'l State of Cor:ilcc:rcu: Mv Commission ExPirc s' AP.il 30,2013 .ii' 'ri u46697035-O lFJ Oe SPEC IRRIY DEEO US Recoraljngs I I 16.A.11.b Packet Pg. 512 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE osM CASE NO. C8V20150012175 vs ST TE OF FI-ORIDA OF COLLIER COUNTY OF COLINTY COMMISSIONERS, Petitioner & I'heresa Feneira, Defendant(s) AFFIDAVTT OF COMPLIANCE the l. That on September 4tr,2015, the Special Magistrate held_a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abite all violations as stated in the order of the Special Magistrate recorded in the public records of collier county, Florida in oR Book[$] PG 3DL+{.{ 2. That the respondent did contact the investigator' 3. That a re-inspection was performed on March 29th 2016' 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance by-removing the unlicensed/unregistered vehicle from the property' AFFIANT SAYETH NOT DATED this 29th daY of March, 2016. COLLIER COLTNI'Y. FLORTDA THE ISTRATE Enforcement Official ATE OF FLORIDA OF COLLIER ME, the undersigned authority, personally appeare{ Ar]hy Ford, code Enforcement offrcial for the Hearing'$;;iVf"girt.itr of CollieiCounty, who after being fully sworn, deposes and says: (or affrrmed) and subscribed before methisffiay or{v/|lzopby Arthur nord r) Commi ssioned .ffi IGRRY ADAI{S MY C0MMISSIoN I FF 139721 EXPIHES: JutY 8, 2018 Bond€d nni Eudget Notary SorvicesNof Notary Public) v/known - 1-14-16 16.A.11.b Packet Pg. 513 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) rNsrR 5198696 oR 521-7 pc 249 RECoRDED LL/24/2OL5 8:35 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $l-8.50 vs. COLLIf,R COUNTY CODE ENFORCEMENT SPBCIAL MAGISTRATE Case No. {8V201500f 2175 BOARD OF COUNTY COMMISSIONERS COLLIER COI.]NTY, FLORIDA, Petitioner, ANTONIO FERREIRA AND THERESA FERREIRA, Respondent. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: having heard argument and Order of the Special l. On September 4,2015,of Collier County Code of Laws and Ordinances, Chapter 130,a vehicle with expired tags parked on the grass, which violation at 5124 24'h Avenue SW, Naples, FL, Folio #36315720007 (Legal GATE UNIT 6 BLK r99 LOT 4). )An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before September I 1, 20 I 5, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at oR 5193, PG 3044). Operational costs of $ I I 5 .25 incurred by the County in the prosecution of this case were ordered to be 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. The violation has not been abated as ofthe date ofthe hearing. J. 4 5 6 found guilty 16.A.11.b Packet Pg. 514 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) *** OR 5217 PG 250 *** ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted, B. Daily fines of$50.00 per day are assessed against Respondent for 55 days for the period from September 12, 2Ol 5 to November 6, 201 5, for a total amount of fi nes of $2,750.00. C. Respondent shall pay the previously assessed operational costs in the amount of $ I 15.25. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $l14.88. E. Respondent is ordered to pay fines and costs in the total amount of$2.980.13 or be subject to Notice of Florida. Assessment of Lien against all owned by Respondent in Collier County, F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AI{D ORDERED this County, Florida. ENFORCEMENT C pAyMENT OF FINES: Any fines ordered to be paid pursuant 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 compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a frnal order of the Special Magistrate to the Circuit Court *ithin tht.ty (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 the original hearing. It is the responsibility of the appealing parry 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. Slate ol l-tt,, ,:a CountY ofRespondent -Antonio and Theresa Feneira Collier Co. Code Enforcement Division is a true and in CountY sealthis ,2c 15 i:ny t; to accrue 2015 y,a{- i rnd cc: E.bnoor, cLERK OF COURTS 16.A.11.b Packet Pg. 515 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) rNSTR 5170880 oR 5L93 PG 3044 RECoRDED 9/ta/2o1.5 9127 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc s1-8. 50 COLLIER COT]NTY CODE ENFORCEMENT SPECIALMAGISTRATE Case No. {8V20150012175 BOARD OF COI]NTY COMMISSIOIYERS COLLTER COUNTY, FLORIDA' Petitioner' ANTONIO FERREIRA AND TITER.ESA FERRJIRA' Respondent. THIS CAUSE came on the Special Magistrate, respective to all aPProPriate Magistrate, as follows: vs. 1 1 Respondent, Antonio and on September 4,2015, and and heard argument and Order of the SPecial subject property mail and posting and the SPecial )Respondent, having been duly notified, did not appear at the public hearing' The real property located at 512424s Avenue sw, Naples, Florida, Folio #36315720007 (Legal ;;;;;6fu": cOlprn bnrs UNIT 6 BLK 1e9 LOT 4), is in violation of Collier Countv code of Laws and ordinances, chapter 130, Article III' Section 130-95, in the following Respondent was notified of the Magishate has jurisdiction of this matter particulars: Yehicle wtth expired tags parked on the grass' The violation has not been abated as ofthe date ofthe public hearing' ORDER 4. 5 BasedupontheforegoingFindings.ofFlctandConclusionsofLaw,andpursuanttotheauthority granted in Chapter 162, Fil;; ffitut"u, u-nd Cdil; ';;t Ordinance No' 07-44' as amended' it is herebv ORDERED: I I i 16.A.11.b Packet Pg. 516 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) *** oR 5193 PG 3045 *** A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article lll, Section 130-95. B. Respondent must abate the violation by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure, and/or repair defects so vehicle is immediately operable or remove ofiending vehicles fiom residentially zoned area AND park vehicles on a stabilized subsurface base or surface areas made of concrete, crushed stone, crushed shell, asphalt or pavers specifically designated for the parking of automobiles on or before September ll' 2015 or a fine of $50.ffi per day will be imposed for each day the violation remains thereafter. C, If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. lf necessary, the County may request the services of the Collier County Sheriff s Office for the purpose of accersirg tire properly for abatement. All costs of abatement shall be assessed against the property. D. Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of $115.25 on or before October 4'2015. E. Respondent shall notiff the abatement or comPliance DOI\TE AND ORDERED this Musse, within 24 hours of to confirm compliance. Count5r, Florida. ENFORCEMENT County of COLIIER ,' pAyMENT OF,FINES: Any fines ordered to be paid pursuantto this order may be paid atthe collier @Division,2800NorthHorseshoeDrive,Naples,FL34104,phone#Q39)252. 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location' AppEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court *i[i-n11'i6v (3gidoys of the Lxecution o-rlne order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. lt is the responsibility of the appeaiing purty to obtain a transcribed record of the hearing from the Clerk of Courts' Filing an Apieal will not automatically stay the Special Magistrate's Order. Slate o{ Flortda IHEREBY.6 f: THAT this iva true and correcl al file# ,of Coil'ier County inspection cc:Respondent(s) * Antonio and Theresa Ferreira Collier Co. Code Enforcement Division Board 9, OF COURTS 16.A.11.b Packet Pg. 517 Attachment: Backup Documents (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) rNsTR 5198696 oR 5217 PG 249 RECoRDED aL/24/201-5 8:35 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. {8V2015001217 5 BOARD OF COUNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA, Petitioner, YS. ANTONIO FERREIRA AND THERESA FERREIRA, Respondent. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: having heard argument and Order of the Special l. On September 4,2015,of Collier County Code of Laws and Ordinances, Chapter 130,a vehicle with expired tags parked on the grass, which violation at 5124 24'h Avenue SW, Naples, FL, Folio #36315720007 (Legal GATE UNIT 6 BLK r99 LOT 4). An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before September I l, 20 I 5, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at oR 5193, PG 3044). 3 Operational costs of $l 15.25 incurred by the County in the prosecution of this case were ordered to b€ 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. The violation has not been abated as ofthe date ofthe hearing. ) 4. 5. 6. found guilty 16.A.11.c Packet Pg. 518 Attachment: Lien Order (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) *** oR 5217 PG 250 *** ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted, Daily fines of $50.00 per day are assessed against Respondent for 55 days for the period from September 12,2015 to November 6,2015, for a total amount of fines of $2,750.00. Respondent shall pay the previously assessed operational costs in the amount of$l 15.25. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $l14.88. Respondent is ordered to pay fines and cosls in the total amount of$2.980.13 or be subject to A. B. C. D. E. Notice of Florida, Assessment of Lien against all owned by Respondent in Collier Coung, F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AI\D ORDERED this County, Florida. ENFORCEMENT C PAYMENT OF FINES: Any fines ordered to be paid pursuant 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 compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved pary may appeal a final order of the Special Magistrate 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 the 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. Slale ol l-tt'' ce Respondent -Antonio and Theresa Feneira Collier Co. Code Enforcement Division is a true and CountY this i5 to accrue 201s cc:County of E. 6ROOK, CLERK OF COURTS 16.A.11.c Packet Pg. 519 Attachment: Lien Order (14559 : BCC v. Antonio Ferreira and Theresa Ferreira) 16.A.11.d Packet Pg. 520 Attachment: Signed Release (14559 : BCC v. Antonio Ferreira and Theresa Ferreira)