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Commission reduces lien-payment for K2 Housing property to $25,000 after debate
Summary
After an extended public presentation and commissioner debate about missed magistrate hearings, process confusion and community benefit, the Collier County Board of Commissioners voted to reduce the lien‑payment required to release two code‑enforcement liens on 3880 Tollgate Boulevard to $25,000, payable within 30 days.
The Collier County Board of County Commissioners voted Feb. 10 to reduce the payment required to release two code‑enforcement liens on a property at 3880 Tollgate Boulevard, held by K2 Housing Lehi Naples LLC, to $25,000, to be paid within 30 days. The liens related to unpermitted work and deferred repairs discovered after the county received a fire‑department complaint in August 2023.
The issue drew a lengthy presentation from Tom DeBrindo, director of code enforcement, and a defense from the property’s counsel, Rich Yovanovitch. DeBrindo told the board that magistrate orders imposed daily fines after the respondent did not appear at hearings and that, after partial abatement, the outstanding fines associated with the two cases summed to $150,750 in lien exposure. “Code recommends that the payment in full of $150,750 be made to release the liens of the property,” DeBrindo said.
Attorney Rich Yovanovitch said much of the work predates the current owner and described the property’s conversion plan from a deteriorated motel to workforce housing. He said the owner had pulled permits and undertaken repairs and argued the fines were disproportionate to the value of the work at issue. “They’re gonna spend about $10,000,000 fixing the exterior of the building and fixing every one of those units,” Yovanovitch said, urging the board to consider the affordable‑housing benefit and to reduce or forgive fines.
Commissioners debated competing priorities: enforcing compliance and precedent versus avoiding punitive outcomes that could hamper an affordable‑housing redevelopment. Several commissioners said staff emails showed confusion across departments and missed opportunities that allowed fines to accrue; others emphasized that attendance at magistrate hearings matters. One commissioner moved to eliminate the fines; another moved instead to set a reduced penalty. After discussion and offer/counteroffer, the motion to assess $25,000 and remove the liens upon receipt of that payment passed on a voice vote.
The board’s action requires payment within 30 days for lien removal. Staff clarified that one of the cases had previously been abated by permitting (fines ceased at $59,500 for the stucco case) and that the other case (security cameras and lighting) carried $91,250 in fines before the board’s reduction. The county recommended payment of $150,750 to release the liens, but the commissioners opted for the reduced settlement to balance enforcement with the project’s community benefit.
The decision follows months of interaction between the owner, counsel and county staff and will allow the applicant to continue building‑permit and rezone work related to converting the property to largely rent‑restricted and workforce units. DeBrindo and the county’s growth‑management staff remain available for any follow‑up on compliance conditions.
