Collier County
FL

Action Item
9969

Recommendation to approve the release of a code enforcement lien with a value of $125,500 for payment of $550 in the code enforcement actions entitled Board of County Commissioners v. Manuel Lopez Parchment, relating to property located at 2069 41st Ter SW, Collier County, Florida.

Information

Department:Code EnforcementSponsors:
Category:16.A Consent Agenda-Growth Management Dept

Executive Summary

EXECUTIVE SUMMARY

 

Recommendation to approve the release of a code enforcement lien with a value of $125,500 for payment of $550 in the code enforcement actions entitled Board of County Commissioners v. Manuel Lopez Parchment, relating to property located at 2069 41st Ter SW, Collier County, Florida.

 

 

OBJECTIVE:  That the Board of County Commissioners accepts an offer to release a code enforcement lien with an accrued value of $125,500 for payment of $550, in relation to Code Enforcement Special Magistrate Case No. CESD20160017293.

 

CONSIDERATIONS:  As a result of a code violation, the Special Magistrate ordered the imposition of a lien, against Manuel Lopez Parchment, in Case No. CESD20160017293 for code violations at 2069 41st Ter SW.  The violations consisted of a storage and shed structure erected in the rear yard of the property without first obtaining a Collier County building permit.  The lien was recorded on March 12, 2018, at O.R. Book 5485, Page 2699.  The current lien amount is $125,500, based on 502 days of accrued fines ($250 per day from October 21, 2017, through March 6, 2019) totaling $125,500. The property was brought into compliance on March 6, 2019. 

 

Pursuant to Resolution No. 2012-46, a request for reduction of fines may be considered, in part, when a lien encumbers property under new ownership, and 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.  Mr. Parchment’s code violation was due to the contractor he hired not obtaining the required permits.  Mr. Parchment spends most of his time with his son, who is overseas and suffering from an illness.  He does provide monetary assistance for living expenses for both homes, travel costs, medical bills, and medications.  Mr. Parchment has also spent a substantial amount of money to come into compliance.  He has paid $550 in settlement of fines and is requesting the remaining $124,950 in accrued fines be waived; see attached hardship letter as required.  There are no known code violations at this time.

 

FISCAL IMPACT:  Payment of $550 in settlement of fines has been received.  If approved by the Board, accrued fines in the amount of $124,950 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. KN

 

RECOMMENDATION:  To waive the remaining fines in the amount of $124,950, accept payment amount of $550, and authorize the Chair to sign the attached release and satisfaction of liens for recording in the Official Public Records.

 

Prepared by:              Michael Ossorio, Director, Code Enforcement Division

Discussion