Collier County
FL

Action Item
10335

Recommendation to approve the release of a code enforcement lien with a value of $220,980.21 for payment of $730.21 in the code enforcement actions entitled Board of County Commissioners v. Janice Rives and Arturo Rives, Code Enforcement Special Magistrate Case No. CEPM20160008025 relating to property located at 5378 Broward St, 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 an accrued value of $220,980.21 for payment of $730.21 in the code enforcement action entitled Board of County Commissioners v. Janice Rives and Arturo Rives, Code Enforcement Special Magistrate Case No. CEPM20160008025, relating to property located at 5378 Broward St, Collier County, Florida.

 

 

OBJECTIVE:  That the Board of County Commissioners accepts an offer to release a code enforcement lien with an accrued value of $220,980.21 for payment of $730.21 in relation to Code Enforcement Board Case No. CEPM20160008025.

 

CONSIDERATIONS: The Code Enforcement Special Magistrate ordered the imposition of a lien against Janice Rives and Arturo Rives, in Case No. CEPM20160008025, for a code violation at the property located at 5378 Broward St.  The violation consisted of the boarding of an unoccupied home without first obtaining a Collier County Boarding Certificate.  The lien was recorded in the Official Records on October 31, 2016, at O.R. Book 5328, Page 1642.  The lien amount of $220,980.21 is based on 883 days of accrued fines ($250 per day from September 7, 2016 through February 6, 2019) $220,750 plus $230.21 in operational costs.

 

The property was acquired by 5378 Broward St., LLC, via Certificate of Sale recorded on December 27, 2018.  The property was brought into compliance on February 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, 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.  The new owner took title to this property, with an uncorrected code violation, with the intent of remodeling the property and providing a home for their parents.  It took a substantial amount of time with extensive follow up and inspections and approximately $219,944 in funds, including taxes due, holding costs, and permit fees, to come into compliance.  The property is actively maintained, and the owner has paid $730.21 in settlement of fines. The owner is requesting a waiver of $220,250 in accrued fines.  There are no known code violations remaining on the property. 

 

FISCAL IMPACT:  Payment of $730.21 in settlement of fines has been made, representing $500 in fines and $230.21 in operational costs.  If approved by the Board, accrued fines in the amount of $220,250 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 fines in the amount of $220,250, accept payment amount of $730.21, release the lien 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

Discussion