The URL can be used to link to this page

CESM - Liens 11/2008 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CEPM-2008-0008890 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER and HENRY TESNO, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 7, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On July 18, 2008, Respondent was found guilty of violation of Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231, Subsections 9, 12b, 12f, 12g, 12h, 12i, 12k and 12n, for numerous housing violations,which violations occurred on the property located at 3072 Van Buren Ave., Naples,FL 34112,Folio#52700600004. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violations on or before July 25,2008,or a fine of$500.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4383, PG 0126 and attached hereto). 3. Operational costs of$118.04 incurred by the County in the prosecution of this case were ordered to but have not been paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Due to Respondent(s)' failure to abate the violation within the time period ordered, the County expended$2,629.00 in abatement costs which have not been paid. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent(s) is/are assessed and ordered to pay fines at the rate of $500.00 per day for the period from July 26,2008 to October 13,2008,or 79 days,for a total of$39,500.00. C. Operational costs incurred in the prosecution of this case in the amount of$118.04 are ordered to be paid. D. The County's costs of abatement of$2,629.00 are ordered to be paid. E. Respondent is ordered to pay all outstanding fines and costs in the total amount of$42,247.04 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. DONE AND ORDERED this 141A day of &l')Y. ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 'J!..� i1.. .1.i — ; ' NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS:, This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondents))Jill Ji eaSr i and,Hetuy Tesno j' ;4► Collier Co. Code Enforcement Dept./ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CEPM-2008-0003036 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ETHEL IINSER, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 7, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On July 18, 2008, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances Chapter 22, Article VI, Sections 22-231, Subsections 12b, 12i, 12r and 19, for allowing an abandoned mobile home in deplorable and hazardous condition to exist on residential property, which violation occurred on the property located at 160 Kathy Lane,Naples,FL 34112,Folio#00741080305. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 18,2008. (A copy of the Order is recorded at OR 4383,PG 0139 and attached hereto). 3. Operational costs of$117.87 incurred by the County in the prosecution of this case were ordered to but have not been paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Due to Respondent's failure to abate the violation within the time period ordered, the County expended$2,349.00 in abatement costs which have not been paid. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of$117.87 and the costs expended by the County for abatement of the violation in the amount of$2,349.00 forthwith C. Respondent is ordered to pay fines and costs in the total amount of$2,466.87 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida DONE AND ORDERED this CAla day of 1'\\. ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE e:%)`111. . BRENDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent(s)—Ethel Kinser .' :ounty of COLLIER Collier Co. Code Enforcement Dept. , g I HEREBY CERTIFY THAT;this is a true and t1 _ :affect copy of a oO9µfhent'On file in Board Minute .-anq'Recdras of Collier Conner n2its nig nano ap iLoMclal_ssaLthia sy P r 0 DWIGHT E. 9ROGK, CLERK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-0000304 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER Respondent(s) / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 7, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On March 7, 2008, Respondent was found guilty of violation of Ordinance 2004-58, Section 6, Subsections 2 and 11, which violations occurred on the property located at 3080 Van Buren St..,Naples, FL 34112,Folio# 52700560005. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violations on or before March 14, 2008, or a fine of $500.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4343, PG 0981 and attached hereto). 3. Operational costs of$243.60 incurred by the County in the prosecution of this case and a civil penalty of$5,000 were ordered to but have not been paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Due to Respondent(s)' failure to abate the violation within the time period ordered, the County expended$3,720.00 in abatement costs which have not been paid. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$500.00 per day are assessed against Respondent(s) for 117 days for the period from March 15, 2008 to July 10, 2008 for a total amount of fines of$58,500.00. C. Operational costs incurred in the prosecution of this case in the amount of$243.60 and a civil penalty of$5,000.00 are ordered to be paid. D. The County's costs of abatement of$3,720.00 are ordered to be paid. E. Respondent is ordered to pay all outstanding fmes and costs in the total amount of$67,463.60 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. DONE AND ORDERED this tdday of q0„). ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE dita J, Ott . � NDA C.G I TSON PAYMENT OF FINES: Any fmes ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fmes are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a fmal 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. cc: Res'idndent( '1--7ill'1..Weaver PCollier Co.Code Enforcement Dept. it _ . . l.'!rl COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-080695 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. RICHARD K. CRUCE, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 7, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On September 5, 2008, Respondent was found guilty of violation of Florida Building Code, 2004 Edition, as adopted by Collier County, Sec. 105.1, for erection of a fence without first obtaining the required the permit, which violation occurred on the property located at 6101 Taylor Road, Immokalee, FL 34142,Folio#00059520007. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 5, 2008, or a fine of $100.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4394, PG 0971 and attached hereto). 3. Operational costs of$117.52 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. No abatement has occurred as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of$117.52 forthwith. C. Daily fines of$100.00 per day are assessed against Respondent for 32 days for the period from October 6,2008 to November 7,2008 for a total amount of fines of$3,200.00 D. Respondent is ordered to pay fines and costs in the total amount of$3,317.52 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. E. The daily fine of$100 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this 13-'cv.day of ,V C>i. ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Ctf:<JAKAIR" NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a fmal 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. cc: Respondent; chard K.Cruce,4-: r. Collier Co.oak f*c ihent'Dept.r • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-100446 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CAPITAL EDGE,LLC TRUST, DESIGNS LAND TRUST UTD 5/12/06, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On April 4, 2008, Respondent was found guilty of violation of Collier County Ordinance 2004-41, as amended, Sections 5.03.02(A)(c) and 5.03.02(A)(3) and, for failure to erect a property fence of sound construction and failure to maintain the fence, which violation occurred on the property located at 1797 53rd Lane SW,Naples, FL 34116, Folio#36249360009. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 4, 2008, or a fine of$100.00 per day would be assessed for each da the violations continued thereafter until abatement has been confirmed. (A copy of the Order is5revrded at OR 4352, PG 1666 and attached hereto). 3. Operational costs of$350.44 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of $350.44 and the costs of abatement incurred by the County in the amount of$495.00. C. Daily fines of$100.00 per day are assessed against Respondent for 39 days for the period from May 5, 2008 to June 13,2008 for a total amount of fines of$3,900.00 D. Respondent is ordered to pay fines and costs in the total amount of$4,745.44 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. DONE AND ORDERED this day of:thArthvAt.r,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4k SA : 4 NDA C. G= SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Capital Edge, LLC Trust, Designs Land Trust, UTD 5/12/06 :/ )) Collier Co. Code Enforcement Dept., 4155826 OR: 4352 PG: 1666 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/22/2008 at 03:I7PN DWIGHT B. BROCK, CLERK REC FEE 27.00 COLLIER COUNTY CODE ENFORCEMENT COLn; SPECIAL MAGISTRATE CNTIOR COUNTY CODE ENF INTEEROFFICE ATTN: MARLENE STEWART Case No.2007-100446 I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CAPITAL EDGE LLC,TR.and DESIGNS LAND TR UTD 5/12/06, Respondent(s). / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on April 4, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s), Capital Edge LLC Tr and Designs Land Tr UTD 5/12/06, is/are the owner(s)of the subject property. 2. Respondent(s)was/were notified of the date of this hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter,and the Respondent(s),Capital Edge LLC Tr and Designs Land Tr UTD 5/12/06,having received proper notice,did not appear at the public hearing. 4. The real property located at 1797 53`d Lane SW,Naples,Florida 34116,Folio#36249360009, is in violation of Collier County Ordinance 2004-41,Section(s) 5.03.02(A)(2)&5.03.02(A)(3),as amended, as follows: Property fence not of sound construction and not maintained in a manner that will not detract from the neighborhood or community. 5. This violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: OR, 4352 PG: 1667 ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, as amended Sec(s). 5.03.02(A)(2)&5.03.02(A)(3). B. Respondent(s) shall abate the violation by securing the fence so it will be structurally sound and maintain it in a manner that will not detract from the neighborhood or community on or before May 4, 2008, or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. C. If Respondent(s) fails to correct all violations within the time frames ordered, the County may abate the violations and charge any costs for such abatement against the Respondent's property in Collier County, Florida. D. Respondent(s) is/are ordered to pay Operational costs for the prosecution of this case in the amount of$350.44 on or before May 4,2008. D. Respondent(s) shall notify the Code Enforcement Investigator, Ed Morad, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this -. day of • \ , 2008 at Collier County,Florida. COI.14ER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 41plikrill.11■=4 C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party 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. 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. cc: Respondent(s)—Capital Edge LLC, Tr and Designs Land Tr UTD 5/12/06 A Collier Co. Code Enforcement Dept COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-110238 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JAMES W.JOHNSON, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On May 2, 2008, Respondent was found guilty of violation of Collier County Ordinance 2005-44, as amended, Sections 6, 7 and 8, for accumulation of litter, which violation occurred on the property located at 403 16th Street S.E., Immokalee, FL 34142, Folio#66220080006. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 9, 2008, or a fine of$100.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4363, PG 2562 and attached hereto). 3. Operational costs of$216.09 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of $216.09 and the costs of abatement incurred by the County in the amount of$1,100.00. C. Daily fines of$100.00 per day are assessed against Respondent for 38 days for the period from May 10, 2008 to June 17, 2008 for a total amount of fines of$3,800.00 D. Respondent is ordered to pay fines and costs in the total amount of $5,116.09 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this Ot`SA- day of ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 01111111k.a.LI Pair ''ENDA C. GARRT`'ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—James W. Johnson v A Collier Co. Code Enforcement Dept./ l 'U \ 4169825 OR: 4363 PG: 2562 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/23/2008 at 0I:16P4 DWIGHT B. BROCK, CLERK COLLIER COUNTY CODE ENFORCEMENT Retn: REC FEB 18,50 SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCBNBN MARLENE STBWART/ADMIN SBC Case No. -2007-110238 INTEROFFICE / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JAMES W.JOHNSON, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on May 2, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent,James W. Johnson, is the owner of the subject property. 2. Respondent was notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter and the Respondent,having been duly notified, did not appear at the public hearing. 4. The real property located at 403 16th Street S.E., Immokalee, FL 34142,Folio# 66220080006, is in violation of Collier County Ordinance 2005-44, Sec. 6, 7& 8, as amended, in the following particulars: Accumulation of litter consisting of, but not limited to: an abandoned boat,wood, tires, windows, roofing materials, buckets,rubber cones, cans and yard debris. 5. The above-referenced violations have not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Ord.No. 2005-44, Sec. 6, 7 &8. B. Respondent shall correct the violation ofthe litter ordinance by removing all unauthorized litter located on the property to an appropriate waste disposal facility and remove any and all abandoned/derelict property from the location in question to a site intended for a final disposal or properly storing items of value in an e;, ; s. d storage space on or before May 9,2008,or a fine of$100 per day will be assessed for each day *** OR: 4363 PG: 2563 >k><E* the violations continue unabated. C. If Respondent fails to correct all violations within the time frames ordered,the County is authorized to abate the violations and charge any costs for such abatement against the Respondent's property in Collier County, Florida. If necessary, the County may obtain the assistance of the Collier County Sheriff's Office in order to access the property for abatement. D. Respondent is assessed Operational Costs in the amount of$216.09,for costs incurred by the Code Enforcement Department during the prosecution of this case to be paid on or before June 2,2008. E. Respondent(s)shall notify the Code Enforcement Investigator, Johnathan Musse',within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this !/� day of ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDAC. G SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three(3)months from the filing of any such lien or civil claim which remains unpaid,the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims.In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party 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. 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 7s Order. tibia plow , cc: Respondent(s)—James W. Johnson ✓ :purity pt COW ,' Collier Co.Code Enforcement Dept./ 5-16--/Y I HEREBY CERTt?THAT This ts, tfO a at J :oorect copy of a oocuinert"ar3`l?ild.0 Board Minutes an Eec9r{o�sFPf' o'{licr,County AINSS rnY l;c�.r4 ;1 oi7i ,a', th{s day of WIGHT E. BROGK, CLERK O1CCURTT t�lAiin COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-080486 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DOUGLAS MENENDEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On July 18,2008, Respondent was found guilty of violation of Collier County Ordinance 2004-58 as amended, Section 18, for failing to secure a residential property severely damaged by fire and allowing it to remain open,which violation occurred on the property located at 219 Johnnycake Drive,Naples, FL 34110,Folio# 82535560004. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 1,2008. (A copy of the Order is recorded at OR 4383,PG 0121 and attached hereto). 3. Operational costs of$117.52 incurred by the County in the prosecution of this case were ordered to be paid,but have not been paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. ORDER Bpsed upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of$117.52 forthwith. C. Daily fines of$250.00 per day are assessed against Respondent for failing to secure the property by boarding all doors and windows for a period of 111 days from August 2, 2008 to November 21, 2008 for a total amount of$27,750.00. Daily fines of$250.00 per day are also assessed against Respondent for failing to demolish the property for a period of 94 days from August 19, 2008 to November 21, 2008 for a total amount of$23,500.00. The total amount of the fines assessed against Respondent is $51,250.00. D. Respondent is ordered to pay fines and costs in the total amount of$51,367.52 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. Based on the public nuisance remaining on the property by Respondent's failure to abate the violation, the County may abate the violation on Respondent's behalf and charge the costs of such abatement to Respondent. F. Fines shall continue to accrue until abatement occurs. DONE AND ORDERED this GI kk day of ■644.6..f ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 'NDA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Douglas Menendez ✓ Collier Co. Code Enforcement Dept. ✓ 0 4195693 OR: 4383 PG: 0121 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL COLLIER COUNTY CODE ENFORCEMENT 08/01/2008 at 10:41AK DWIGHT B. BROCK, CLERK SPECIAL MAGISTRATE RBC FEB 27.00 Retn: Case No.—2007-080486 CODE ENFORCEMENT INTEROFFICE / ATTN: MARLENE STEWART BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DOUGLAS MENENDEZ and KEVIN R.SWINDERMAN, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on July 18,2008,and the Special Magistrate,having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s), Douglas Menendez and Kevin R. Swinderman, is/are the owner(s) of the subject property. 2. Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter. 4. The Respondent(s),having been duly notified,did not appear at the public hearing. 5. The real property located at 219 Johnnycake Dr., Naples, FL 34110, Folio #82535560004, is in violation of Ordinance 04-58, as amended, Section 18, in the following particulars: Residential property with severe fire damage, left open and not secure, which creates a public nuisance. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent(s)is/are found guilty of violation of Ordinance 04-58,as amended, Section 18. OR: 4383 PG: 0122 B. Due to the health, safety and welfare threat the condition of the property poses, Respondent(s) shall immediately abate the violations by obtaining a Collier County Boarding Certificate and by completing the boarding of the property on or before August 1, 2008 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. If Respondent does not comply by the deadline, the County is authorized to abate the violation by requiring any persons occupying the property to vacate the premises immediately and by boarding the property through contractor bid-out, assessing the costs to Respondent to become a lien upon the property. C. Respondent(s)is/are further ordered to elect one of the following two options: 1. Obtain a Collier County building permit on or before August 18,2008,and complete the reconstruction, obtain all appropriate inspections and obtain a Certificate of Occupancy on or before January 9, 2009, or a fine of$250.00 per day will be imposed for each day the violation remains thereafter;or 2. Obtain a Collier County demolition permit to demolish the structure,remove the structure and any debris from the property and obtain all required inspections and a Certificate of Completion on or before August 18,2008,or a fine of$250.00 per day will be imposed for each day the violation remains tig thereafter. D. If Respondent(s) have not elected one of the two options of Paragraph C. above and abated the violation within the time frames set forth in Paragraph C. above, the County is authorized to abate the violation by hiring demolition professionals to demolish the home and remove all debris. The Respondent(s)shall be responsible for all costs the County incurs to abate the violation,which costs shall be charged against the Respondent(s) to become a lien upon the property. If necessary,the County may obtain the assistance of the Collier County Sheriffs Office to accomplish entry on the property to complete abatement. E. Respondent(s) shall notify the Code Enforcement Investigator, Ron Martindale,within 24 hours of abatement so that a final inspection may be performed to confirm compliance. F. Respondent(s) shall pay Operational Costs in the amount of$117.52, on or before August 18, 2008, for costs incurred by the Code Enforcement Department during the prosecution of this case. DONE AND ORDERED this day of 3A ,2008 at Colder County,Florida. COLLIER OUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE : 'I NDA C. G N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax #(239)403-2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that ^utstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-060709 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SHANNA WARD, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On October 19,2007,Respondent was found guilty of violation of Collier County Ordinance 2004- 58 as amended, Section 12C, for failing to install permanent roofing on a single family dwelling, which violation occurred on the property located at 728 110th Avenue N., Naples, FL 34108, Folio #62427280001. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 19,2008. (A copy of the Order is recorded at OR 4324,PG 2121 and attached hereto). 3. Respondent, having been duly noticed for the public hearing regarding the County's Motion, appeared along with her husband, Steven Weisman. 4. Operational costs of$225.17 incurred by the County in the prosecution of this case have been paid. 5. The County's Motion for Imposition of Fines/Liens was previously heard on April 18, 2008 at which time fines in the total amount of$11,600.00 were assessed for 58 days at the rate of$200.00 per day for the period from February 20,2008 to April 18,2008. 6. Based on the mitigating circumstances introduced by the Respondent at the hearing on April 18, 2008, the fines were stayed to allow the Respondent an additional opportunity to abate the violation, but were subject to reinstatement of all accrued fines upon failure to abate. 7. As of the date of this hearing,no abatement by the Respondent has occurred. 8. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Based on Respondent's failure to abate the violation, the stay on accrual of fmes is lifted and Respondent is ordered to pay the fmes previously assessed of$11,600.00. C. In addition, the daily fmes of$200.00 per day are assessed for a period of 216 days from April 19,2008 to November 21,2008 for a total amount of$43,200.00. D. The total of the fines assessed against Respondent for the full period between February 20, 2008 and November 21, 2008 is $54,800.00, which amount Respondent is ordered to pay or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. E. Fines shall continue to accrue until abatement occurs. DONE AND ORDERED this g kt day of 4 "Y ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 0 , !. _, .. �jk... >' NDA C.G ON PAYMENT OF FINES: Any fmes ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fmes are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a fmal 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. cc: Respondent—Shanna Ward P Collier Co. Code Enforcement Dept.v pb 4162534 OR: 4357 PG: 2577 COLLIER COUNTY CODE ENFORCEMENT RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL SPECIAL MAGISTRATE 05/07/2008 at 08:25AN DWIGHT B. BROCK, CLERK RBC FIB 44.00 Case No.2007-060709 Retn: CODE ENFORCEMENT INTEROFFICE BOARD OF COUNTY COMMISSIONERS ATTN: MARLINE STEWART COLLIER COUNTY,FLORIDA, Petitioner, vs. SHANNA WARD, Respondent(s). / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on April 18, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On October 19, 2007, Respondent(s) was/were found guilty of violation Ord. 04-58, Sec. 12C, for failure to install permanent roofing on a single family dwelling structure,which violation occurred on the property located at 728 110th Avenue North,Naples,FL 34108,Folio#624272280001. 2. An Order was entered by the Special Magistrate ordering Respondent(s)to correct the violation on or before February 19, 2008 or incur daily fines of$200 and to pay operational costs in the amount of $225.17. (A copy of the Order is recorded at OR 4324,PG 2121 and attached hereto). 3. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 4. Respondent(s), having been duly noticed for the public hearing regarding the County's Motion, appeared at the public hearing,and testified to mitigating circumstances. 5. The violation has not been abated. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Based on the mitigating circumstances presented by the Respondent, the hearing on the Petitioner's Motion to Impose Fines/Liens is continued to July 18, 2008. All fines will be stayed for 90 days. B. All parties shall be re-noticed for this date. DONE AND ORDERED this__INA day of AIL,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4011 A kfAigJ NDAC. G ' •�•N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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 cis of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)- Shanna Ward ✓ • Collier Co.Code Enforcement Dept.fr.,. 4 Oc> 4121724 OR: 4324 PG: 2121 RBCORDID in OFFICIAL RECORDS of COLLIER COORTI, IL 01/28/2008 at 08:58AK DVIGBT I. BROCK, CLINK COLLIER COUNTY CODE ENFORCEMENT Rota:IATIR OFFICE: RIC III 18.50 CODI IAFORCEKHRT SPECIAL MAGISTRATE K STUART 252 2496 Case No.-2007-060709 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SHANNA WARD, Respondent(s). / z_UI'.1.1t 1 • i_d !i1;J_ :11%14:,x �� 111° , 1_" THIS CAUSE came on for 4 4■ : . •.g before th . : • . : on October 19,2007,and the Special Magistrate, having ,1- - 4....y under oath, ' -. evidence, and heard . argument respective to all appropriate i 1 . ,. �� •' F .•.gs , F. • Conclusions of Law, and Order of the Special Magistrate,as fo . Jul f1' " i s kV1. The owner(s)of the sub . .- . am tea:, ,1 2. Respondent(s)w `C ? _j. \ as/were n - of the date of h . , -,.,, . mail and posting. Pzo 3. The Special Magistrate has j 1! ,. . : ..' .. . . : . !� ° .. .dent(s)was/were duly notified, appeared at the public hearing. ci CA.) 4. The real property located at 728 110°Avenue N.,Naples, Florida 34108,Folio#62427280001, at the time of service of the Notice of Violation was in violation of Ordinance 04-58, Section 12C, in the •,d following particulars: CI Having a residential roof in disrepair and without the necessary permit, inspections and cNS, Certificate of Completion. 5. Respondent(s)did not abate the violation prior to the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ord.No.07-44, it is hereby ORDERED: A. Respondent(s)is/are found guilty of violation of Ordinance 2004-58,Section 12C. B. Respondent(s) is/are are ordered to abate the violation by applying for a permit, obtaining all *** OR: 4324 PG: 2122 *** required inspections and obtaining a Certificate of Completion on or before February 19, 2008, or a fine of S200.00 per day will begin to accrue for each day the violation continues until compliance is confirmed. C. Respondent(s) is/are ordered to pay Operational Costs for the prosecution of this case in the amount of$225.17 on or before November 19,2007. D. Respondent shall notify the Code Enforcement Investigator, Ronald Martindale, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED Name Pro Time this _ ,day of _,drr1• ,204 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT � R . L MAGISTRATE tiA • InorP-irp"-\ ; )irMlfrr17"""7".- n_ (C_ 0 -111.1 V PAYMENT OF FINES: Any ' -, to be paid p order may be paid at the Collier County Code Enforcement I .: 00 North Horseshoe ► • A apses,FL 34104,fax#(239)403- '1 "' ;on of the satisfaction of the w 2343. release of lien or •, � �� .� . , • .. �� Nance = -•�,.,� .�e obligations of this order may also be o u , :- try LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid,the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims.In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those o costs incurred by Collier County. APPEAL: Any aggrieved party 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Magistlrate's Order. state of F LORIUA 3ounzy of COLLIER I HEREBY CERTIFY THAT cc: Respondents)- Sharma Ward by 8AA Collier Co. Code Enforcement Dept. `_ correct ccpy c+a eccurre¢tDniffc % Board kth ut .d ,.41 of { m y -it Wn N ss my se 4 e ay of 4 �ftit�3lyQ0• G E. 8 RO floo. 14) D COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV-2008-0007422 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER and HENRY J.TESNO, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On July 1, 2008, Respondent was found guilty of violation of Collier County Land Development Code 04-41, as amended, Section 02.01.00(A), for parking and storage of inoperable/unlicensed vehicles in residentially zoned area,which violation occurred on the property located at 3411 Basin Street,Naples, FL 34112,Folio#71800000543. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 7,2008,or a fine of$200.00 per day/per vehicle would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4378, PG 0808 and attached hereto). 3. Operational costs of $247.77 incurred by the County in the prosecution of this case and a civil penalty of$500.00 were ordered to be paid,but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. The cost of the County's abatement is$250.00,which has not been paid. Mak, 01111 ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of$247.77, the civil penalty of $500.00 and the costs of abatement incurred by the County in the amount of$250.00. C. Daily fines of$200.00 per day/per vehicle are assessed against Respondent for two vehicles for 64 days for the period from July 8, 2008 to September 10, 2008 for a total amount of fines of$25,600.00 D. Respondent is ordered to pay fines and costs in the total amount of$26,597.77 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this k-k. day of 1400-+nti1444e ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 411AkdaA 6.4 'ENDA C. GARRET ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS:, Any aggrieved party 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. cc: Respondent—Jill J. Weaver and Henry J. Tesno , Collier Co. Code Enforcement Dept. 4189269 OR: 4378 PG: 0808 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/15/2008 at 08:33AN DWIGHT E. BROCK, CLERK COLLIER COUNTY CODE ENFORCEMENT REC FEE 27.00 SPECIAL MAGISTRATE Aetn:INTER OFFICE: CODE ENFORCEMENT Case No.—CEV-2008-0007422 K STEWART 252 2496 BOARD OF COUNTY COMAIISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER-TESNO and HENRY TESNO, Respondent(s). / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on July 1, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s),Jill J.Weaver-Tesno and Henry Tesno,is/are the owners)of the subject property. 2. Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter. 4. The Respondent(s),having been duly notified,did not appear at the public hearing. 5. The real property located at 3411 Basin Street,Naples, Florida 34112, Folio#71800000543, is in violation of Collier County Land Development Code, 04-41 as amended, Sec. 02.01.00(A) in the following particulars: Parking and storage of inoperable/unlicensed vehicles in residentially zoned area. 6. The violation was not abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: • A. Respondent(s)is/are found guilty of violation of Collier County Land Development Code, 04-41, as amended, Sec. 02.01.00(A). 0R; 4378 PG: 0809 B. Respondent must abate the violation by obtaining and affixing a correct and valid license plate for the vehicles and repairing defects so the vehicles will be operable, or by storing the vehicles in an enclosed structure, or by removing the vehicles from the property on or before July 7,2008 or a fine of $200.00 per day per vehicle will be imposed for each day the violation remains thereafter. C. If Respondent fails to correct all violations within the time frames ordered, the County is authorized to abate the violations and charge any costs for such abatement against the Respondent's property in Collier County, Florida. If necessary, the County may obtain the assistance of the Collier County Sheriff's Office in order to access the property and affect abatement D. Respondent(s) is/are ordered to pay operational costs for the prosecution of this case in the amount of$247.77 on or before August 1,2008. E. Respondent(s)is/are also ordered to pay a civil fine of$500.00 on or before August 1,2008. E. Respondent(s) shall notify the Code Enforcement Investigator, Tom Keegan,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this �} day of U1' ,2008 at Naples,Collier County,Florida. 1 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 1 �, 1 L.7 NDA C.G TV SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. tPPEAL: Any aggrieved party 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.It is the responsibility of the appealing party COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA-2008-0007439 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER and HENRY J. TESNO, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On July 1, 2008, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 179-181, for accumulation of litter consisting of, but not limited to, downed trees and limbs, wheel barrow, broken fencing, scaffolds, plastic containers, etc., which violation occurred on the property located at 3411 Basin Street, Naples, FL 34112, Folio #71800000543. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 7, 2008, or a fine of$200.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4378, PG 0811 and attached hereto). 3. Operational costs of $241.46 incurred by the County in the prosecution of this case and a civil penalty of$500.00 were ordered to be paid, but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of $241.46, the civil penalty of $500.00 and the costs of abatement incurred by the County in the amount of$1,147.50. C. Daily fines of$200.00 per day are assessed against Respondent for 71 days for the period from July 8, 2008 to September 17, 2008 for a total amount of fines of$14,200.00 D. Respondent is ordered to pay fines and costs in the total amount of$16,088.96 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this P11- day of t',14VovickY ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE •l fabt, : 4 NDA C. GA' 7. O N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239) 403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Jill J. Weaver and Henry J. Tesno/ 4Collier Co. Code Enforcement Dept 4189270 OR: 4378 PG: 0811 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/15/2008 at 08:33AN DWIGHT B. BROCK, CLERK COLLIER COUNTY CODE ENFORCEMENT REC FEB 27.00 SPECIAL MAGISTRATE Retn:INTER OFFICE: CODE ENFORCEMENT Case No.—CENA-2008-0007439 N STEWART 252 2496 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J.WEAVER-TESNO and HENRY TESNO, Respondent(s). ORDER OF TEE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on July 1, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondents,Jill J.Weaver-Tesno and Henry Tesno,are the owners of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter and the Respondents, having been duly notified,did not appear at the public hearing. 4. The real property located at 3411 Basin Street, FL 34112,Folio# 71800000543, is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sec. 179-181, in the following particulars: Accumulation of litter consisting of,but not limited to:downed trees and limbs, an old wheel barrel,broken fending,scaffolds,plastic container and more,on residentially zoned property. 5. The above-referenced violations have not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Sec. 179-181. B. Respondent shall correct the violation of the litter ordinance by removing all unauthorized litter located on the property to an appropriate waste disposal facility and removing any and all 011: 4378 PG: 0812 abandoned/derelict property from the location in question to a site intended for fmal disposal, or by storing desired items within a completely enclosed structure on or before July 7,2008,or a fine of$200 per day will be assessed for each day the violations continue unabated. C. If Respondent fails to correct all violations within the time frames ordered, the County is authorized to abate the violations and charge any costs for such abatement against the Respondent's property in Collier County,Florida. If necessary,the County may obtain the assistance of the Collier County Sheriff's Office in order to access the property for abatement. D. Respondent is assessed Operational Costs in the amount of $241.46, for costs incurred by the Code Enforcement Department during the prosecution of this case to be paid on or before August 1,2008. E. A Civil Penalty of$500.00 is assessed because this is a repeat violation. F. Respondent(s)shall notify the Code Enforcement Investigator,Thomas Keegan,within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 154 day of cnJ u t ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4111111 LA; :RENDA C.G• ' 77'.'ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,.FL 34104,fax 4(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a fmal 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. 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. • cc: Respondent(s)—Jill J.Weaver-Tesno and HenryTesno Collier Co. Code Enforcement Dept 6'� COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-110459 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J. WEAVER and HENRY J. TESNO, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On December 7, 2007, Respondent was found guilty of violation of Collier County Ordinance 2004-58, as amended, Section 6, subsection 10 and 11, for minimum housing violations resulting from the shut off of water and electric service to mobile home, which violation occurred on the property located at 3069 Lunar Street,Naples, FL 34112, Folio#53352720001. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 12, 2008, or a fine of$500.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4310, PG 2941 and attached hereto). 3. Operational costs of $247.07 incurred by the County in the prosecution of this case and a civil penalty of$5,000.00 were ordered to be paid, but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. The cost of the County's abatement is $2,178.65 plus a rental inspection fee of$200.00, which has not been paid. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of $247.07, the civil penalty of $5,000.00 and the costs of abatement incurred by the County in the amount of$2,178.65 plus the rental inspection fee of$200.00. C. Daily fines of$500.00 per day are assessed against Respondent for 57 days for the period from December 13, 2007 to February 8, 2008 for a total amount of fines of$28,500.00 D. Respondent is ordered to pay fines and costs in the total amount of$36,125.72 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this QM day of\V Y ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE / so _ r NDA C. GARRETS i PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Jill J. Weaver and Henry J. Tesno,/ 04 Collier Co. Code Enforcement Dept.,' 1' 4105349 011: 4310 PG: 2941 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 12/11/2007 at 01:21FM DWIGHT B. BROCK, CLERK RBC FIE 27,00 COLLIER COUNTY CODE ENFORCEMENT Retn:ARLBNE HARPER SPECIAL MAGISTRATE CODE ENFORCEMENT 2800 N HORSESHOE DR Case No. -2007-110459 NAPLES FL 34104 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J. WEAVER and HENRY TESNO, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 7, 2007, and the Special Magistrate, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s),Jill J. Weaver and Henry Tesno, is/are the owner(s)of the subject property. 2. Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter and the Respondent(s), having been duly notified,did not appear for the public hearing. 4. The real property located at 3069 Lunar Street, Naples FL 34112, Folio #53352720001, is in violation of Collier County Ordinance 2004-58, Sec. 6, Subsection 10 and H, the Property Maintenance Ordinance, in the following particulars: Minimum housing violations resulting from the shut off of water and electric service to the mobile home, as described in the property maintenance inspection report made a part of the record. 5. The above-referenced violations have not been abated as of the date of the public hearing and constitute a health, safety and welfare hazard to the inhabitants, as well as to the surrounding neighborhood and the community. ORDER P-‘ed upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44, it is hereby ORDERED: OR: 4310 PG: 2942 A. Respondent(s) are found guilty of violation of Collier County Ordinance No. 2004-58, Sec. 6, Subsections 10 and 11. B. Respondent(s) shall correct all minimum housing violations on the property located at 3069 Lunar Street, Naples Florida 34112, and referenced above and in the Property Maintenance Report by paying to the appropriate company any past due charges necessary to restore water and electric service to the mobile home on or before December 12,2007,or a fine of$500 per day will be assessed for each day the violations continue unabated, unless such deadline is modified by Stipulation of the parties or by Order of the Special Magistrate. C. Respondent(s) shall pay a civil penalty of$5000 for a repeat violation, on or before January 7,2008. D. Respondent(s) shall pay Operational Costs in the amount of$247.07,on or before January 7, 2008,for costs incurred by the Code Enforcement Department during the prosecution of this case. E. Respondent(s) shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. F. If Respondent(s) fails to correct all violations on or before December 14, 2007, the County is directed and authorized to abate the violations by requiring any persons occupying the property to immediately vacate the premises and by boarding up the structure located on the property to prevent further occupancy until such time as the water and electricity are restored and any other minimum housing violations are corrected. If necessary,the County may obtain the assistance of the Collier County Sheriff's Office for purposes of accessing the property and removing any persons residing in the structure. G. If the County incurs any costs in removing any persons from the property minimum housing violations, such costs shall be charged against the Respondents' property in erty i correcting any County, Florida. P property in Collier ,ounty of coLuo DONE AND ORDERED this ' day of bleidil te ,2007 at Collier County,Florida. HEREBY CERTIFY VAT.trfis 6s a.true 60 COLLIER COUNTY CODE ENFORCEMENT orrect copy of a;aOcu ient trl, sle lit SPECIAL MAGISTRATE toard Minutes.and Csry.os of toll,er County ,V MSS my h Sri oc-rbiei c � this I`' ' day of ,I; • NIGHT E. BROt K CLERK OFCQUR NDA C. G• . . • s or ered to be paid pursuant to this order may be paid at th Col e Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104efax# (23. 03-- 43. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those cost- incurred by Collier County. *** OR: 4310 PG: 2943 *** APPEAL: Any aggrieved party 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal does not automatically stay the Order of the Special Magistrate. cc: Respondent(s)-Jill J. Weaver&Henry Tesno Collier Co. Code Enforcement Dept. State at h..Or<Ii3A :ounty of COWER c� I :WT� I HEREBY CERTIFY TIA'T tR iiAtrve)no :effect copy of a document 011ie in yB�oaarrd Minutes and beoores eS Coder Out* my - : $®aI ttt� E. :0URM VO kc(1 . 0.0 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2007-080938 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LINDA HAINES and WILLIAM HAINES, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On January 18, 2008, Respondent was found guilty of violation of Collier County Ordinance 2004- 58, as amended, Section 6, subsection 12b, 12c, and 12i, for vacant mobile home in residential zone in deteriorated condition.,which violation occurred on the property located at 3087 Lunar Street,Naples, FL 34112, Folio#53352680002. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 18, 2008, or a fine of $250.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4327, PG 2178 and attached hereto). 3. Operational costs of$244.99 incurred by the County in the prosecution of this case were ordered to be paid, but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. The cost of the County's abatement is $2,904.00. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of $244.99 and the costs of abatement incurred by the County in the amount of$2,904.00. C. Daily fines of$250.00 per day are assessed against Respondent for 162 days for the period from May 19, 2008 to October 28, 2008 for a total amount of fines of$40,500.00 D. Respondent is ordered to pay fines and costs in the total amount of$43,648.99 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this c%Si" day of k\\* ( ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE tik Agit O ENDA C. GARR 'ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Linda Haines and William Haines L/ Pt - ,DCollier Co. Code Enforcement Dept. 4220526 OR: 4399 PG: 3781 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 10/10/2008 at 11:02AN DWIGHT B. BROCK, CLERK COLLIER COUNTY CODE ENFORCEMENT RBC FEE 35.50 SPECIAL MAGISTRATE Retn:INTER OFFICE: CODE ENFORCEMENT Case No. : 2007-080938 M STEWART 252 2496 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LINDA HAINES and WILLIAM HAINES, Respondent(s). ORDER ON RESPONDENT'S MOTION FOR EXTENSION OF TIME THIS CAUSE came on before the Special Magistrate on Respondent's Motion for Extension of Time, and the Special Magistrate, having reviewed the motion and file, having heard argument and having been otherwise fully advised in the premises,hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On January 18,2008,Respondent(s)was/were found guilty of violation of Ordinance 2004-58, Section 6, Subsections 12(B), 12(C)and 12(1),for having a vacant mobile home in a residential area in a deteriorated condition,which violation occurred on the property located at 3087 Lunar Street, Naples,Florida 34112,Folio#53352680002. 2. An Order was entered by the Special Magistrate in which the Respondent(s)were ordered to abate the violation on or before May 18,2008 or a fine of$250.00 per day would begin to accrue(A copy of the Order is recorded at OR 4327,PG 2178 and attached hereto). 3. Respondent(s)were also ordered to pay Operational Costs for the prosecution of this case in the amount of$244.99 on or before May 18,2008. 4. As of the date of this Order,Respondent(s)have not abated the violation,have not made any attempt to abate the violation and have not paid the operational costs. ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: A. Respondent(s)' Motion for Extension of Time is denied. 011: 4399 PG: 3782 DONE AND ORDERED this ICI kiN day of G ,2008 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE t„ a. . st edit-. ' B' y e CA C.GARRE 1'7- cc: Respondent(s)—Linda Haines&William Haines Collier Co. Code Enforcement Dept. :oanty of COLI.tE! w,r;�; ,;a . :• I HEREBY CERTIFY THAT this isaMe :orrect copy of a aocument on file in Board Minutes and 4400_of ColHet NIT SS my na o .. F ,ob is - t', $ 1 Laay of /' '. 't' '� �" ._,-,-...v.-..,,,-,,r -.4.4., 'MIGHT E. BROGIMi OF . .I�,X , . ,. 1 \!;I f • '',..°, U '4'1' F =- Ern.., c1,4,0 ' etkF N S� ..r-o " nx 7,r r + � � � 70 ! s Ji .. 3 �y !f e a. _ r i .} �..�7 a rr: � ': t•Nt -CS 4S f 1f4 f° �i: A! erJ Af',�ki br 47 f-_' ',:Y.�_r ..i.:•!�.r�ri,�^ti?_.'C..W..n4.._..Ycl t�� a� 4125565 OR: 4327 PG: 2178 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/06/2008 at 10:58AN DWIGHT E. BROCK, CLERK REC FEE 18,50 COLLIER COUNTY CODE ENFORCEMENT Retn: SPECIAL MAGISTRATE CODE ENFORCEMENT INTEROFFICE Case No.2007-080938 ATTN: MARLINE STEWART BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LINDA HAINES and WILLIAM HAINES, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 18,2008, and the Special Magistrate, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s),Linda Haines and William Haines,is/are the owner(s)of the subject property. 2. Respondent(s)was/were notified of the date of this hearing by certified mail and posting. � 3. The Special Magistrate has jurisdiction of this matter, and the Respondent(s), having received w proper notice,appeared at the hearing. 4. The real property located at 3087 Lunar Street,Naples,Florida 34112,Folio#53352680002, is in b violation of Collier County Ordinance 200458, Section 6, Subsections 12(B), 12((C) and 12(I) in the following particulars: w A vacant mobile home in a residential zone in deteriorated condition with roof damage,broken windows and exterior walls that need painting and are not substantially weather tight. 5. Respondent(s)has not abated this violation as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-58, Section 6, Subsections 12(B), 12(C)and 12(1). *>k* OR: 4327 PG: 2179 *** 1'ar •••• Res' espondents) shall pay the Operational costs for the prosecution of this case in the amount of Ts t • i $244.99 on or before May 18,2008. C. Respondent(s)is/are ordered to abate the violation by repairing or replacing the broken windows, by repairing the roof, by securing as weather tight and painting the exterior walls and by obtaining all necessary permits, inspections and certificate of completion or occupancy on or before May 18,2008 or a fine of$250.00 per day will be imposed until the violation is abated. If Respondents are unable to comply within this time frame, Code Enforcement may obtain contractor bid-out and assess the cost for the abatement to the Respondent, D. Respondent(s) shall notify Code Enforcement Investigator, Joe Mucha, within 24 hours of the abatement so that a final inspection may be performed to confirm compliance. Respondent(s) shall also contact Investigator Mucha by March 18,2008 to report the progress made toward compliance. E. Any delay in completion or compliance with this order must be reported to Code Enforcement in a letter explaining the circumstances causing the non-compliance,which letter must be received by Code Enforcement prior to the expiration of the compliance period. ate pt F LORIUA DONE AND ORDERED this 151t)day of 344.N ,2008 at Colder County,Florida. runty of COLLIER iEREBY fir.WI..7 1m a true and rrec oa�J;r..�. :=, a :!�� ;�`O fPle.jn COLLIER COUNTY CODE ENFORCEMENT )ard• t it t:, :?at i',.t" :'$,i'3 =•,s 6,;ftt),County SPECIAL MAGISTRATE fja Qin/144° - 44CL NNIGHT 1 . SW •CL F 1F�:CQEIRTF RENDA C.G\ARRETSON O _ PC P• I ' S: Any fines ordered to be paid pursuant to this order may be paid at the Collier w County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the b obligations of this order may also be obtained at this location. G� LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) ono months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may `A' authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collectigns agency, the Violator will be responsible for those costs incurred by Collier County. ' - APPEAL' An aggrieved• y ggr party 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. 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. cc: Respondent(s)— Linda Haines&William Haines ,/ (A Collier Co.Code Enforcement Dept._ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM-2008-0003564 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J. WEAVER and HENRY J. TESNO, Respondent. / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On May 16, 2008, Respondent was found guilty of violation of Collier County Ordinance 2004-58, as amended, Section 6, subsection 1, 2, 3, 4, 9, 10, 11, 12i, 12k, 121, 13 and 19b, for numerous internal and external minimum housing violations as described in the property maintenance inspection report, which violation occurred on the property located at 3180 Van Buren Ave., Naples, FL 34112, Folio #52700120005. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 23, 2008, or a fine of $500.00 per day would be assessed for each day the violations continued thereafter until abatement has been confirmed. (A copy of the Order is recorded at OR 4367, PG 0414 and attached hereto). 3. Operational costs of $271.25 incurred by the County in the prosecution of this case and a civil penalty of$5,000.00 were ordered to be paid, but have not been paid. 4. Respondents, having been duly noticed for the public hearing regarding the County's Motion, did not appear for the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The County has abated the violation. The cost of the County's abatement is $2,629.00, which has not been paid. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondent shall pay the previously assessed operational costs of$271.25, the civil penalty of $5,000.00 and the costs of abatement incurred by the County in the amount of$2,629.00. C. Daily fines of$500.00 per day are assessed against Respondent for 137 days for the period from May 24, 2008 to October 8,2008 for a total amount of fines of$68,500.00 D. Respondent is ordered to pay fines and costs in the total amount of$76,400.25 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this d`-( day of th,..60" ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • RENDA C. GIMI.TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondent—Jill J. Weaver and Henry J. Tesno/ • Collier Co. Code Enforcement Dept., \` 4174478 OR: 4367 PG: 0414 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 06/05/2008 at 08:38AM DWIGHT E. BROCK, CLERK REC FEE 2T,00 COLLIER COUNTY CODE ENFORCEMENT Retn: SPECIAL MAGISTRATE CODE ENFORCEMENT INTEROFFICE Case No.-CEPM2008-0003564 ATTN: MARLENE STEWART BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J. WEAVER and HENRY J. TESNO, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on May 16, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. Respondent(s),Jill J. Weaver and Henry J. Tesno, is/are the owner(s)of the subject property. 2. Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter and the Respondent(s),having been duly notified of the hearing, did not appear. 4. The real property located at 3180 Van Buren Ave., Naples FL 34112, Folio #52700120005, is in violation of Collier County Ordinance 2004-58,as amended,Sec.6,Subsections 1,2,3,4,9, 10, 11, 121, 12K, 12L, 13 and 19B,the Property Maintenance Ordinance, in the following particulars: Numerous internal and external minimum housing violations as described in the property maintenance inspection report. 5. The violations are repeat violations and have not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent(s)is/are found guilty of violation of Collier County Ordinance 2004-58,as amended,Sec. 6, Subsections 1, 2, 3, 4, 9, 10, 11, 121, 12K, 12L, 13 and 19B. OR: 4367 PG: 0415 B. Respondent(s)shall abate the violations by restoring the electricity to the mobile home with a valid account with Florida Power and Light,restoring the water to the mobile home with a valid account with the City of Naples and correcting all other minimum housing violations listed in the property maintenance inspection report,on or before May 23,2008,or a fine of$500 per day will be assessed for each day the violations continue unabated. • C. If Respondent has not abated the violations within the time frame above,the County is authorized to abate the violations by requiring any persons occupying the property to vacate the premises and demolishing the mobile home. If necessary,the County may obtain the assistance of the Collier County Sheriff's Office. The Respondent shall be responsible for all costs the County incurs to abate the violations. D. Respondent(s) shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. E. Respondent(s)shall pay a civil penalty of$5,000.00 on or before June 16,2008. F. Respondent(s)shall pay Operational Costs in the amount of$271.25,on or before June 16,2008,for costs incurred by the Code Enforcement Department during the prosecution of this case. DONE AND ORDERED this `thkleN day of tIAA ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4"4'■ ......kt tam NDA C. GARR'i N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax #(239)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three(3)months from the filing of any such lien or civil claim which remains unpaid,the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims.In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party 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.It is the responsibility ofthe 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. cc: Respondent(s)-Jill J. Weaver and Henry J. Tesno r` Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM-2008-0001391 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. EDILBRAY PEREZ and BELKIS MARTINEZ, Respondents. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 21, 2008, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On April 4,2008,Respondents were found guilty of violation of Collier County Code of Laws and Ordinances, Section 22-231, Subsection 12i, for failing to secure a vacant residential property with broken windows, which violation occurred on the property located at 5563 17th Avenue SW,Naples, FL 34116,Folio#36234240008. 2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before April 11, 2008 or incur a fine of$250.00 per day. (A copy of the Order is recorded at OR 4352, PG 1669 and attached hereto). 3. Operational costs of$270.49 incurred by the County in the prosecution of this case were ordered to be paid,but have not been paid. 4. Respondent, Belkis Martinez, having been duly noticed for the public hearing regarding the County's Motion,appeared on behalf of herself and her husband,Edilbray Perez. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Respondents failed to abate the violation, causing the County,by necessity,to abate the violation on Respondents' behalf. The cost of the County's abatement is$2,396.65. 7. Respondents have presented mitigating circumstances relating to their mortgage on the home which justifies consideration relating to the fmes assessed. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Respondents shall pay the previously assessed operational costs of $270.49 and the County's abatement costs of$2,396.65,for total costs of$2667.14. C. Daily fmes of$250.00 per day are assessed against Respondents for failing to secure the property by repairing or boarding all windows for a period of 51 days from April 12, 2008 to June 2, 2008 for a total amount of$12,750. D. Respondents are ordered to pay fines and costs in the total amount of$15,417.14 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida; provided, however,that enforcement of the fmes portion of this Order shall be stayed for a period of six months,beginning December 1,2008,during which time Respondents shall show written proof from their mortgage holder to Code Enforcement Investigator Joe Mucha that the mortgage payments are being paid, beginning with the January 1, 2009 payment, or the date set by the bank. If Respondents make all mortgage payments during this period,the fmes in the amount of$12,750 shall be waived. E. If Respondents' fail to confirm that each mortgage payment is made during this six month period, all fines, including the additional daily fines of$250.00 per day accrued during the stayed period, shall be immediately assessed and shall become a lien on the property without further hearing. Any missed mortgage payment during this six month period shall be reported to the Special Magistrate by an Affidavit of Non-Compliance. F. The costs of$2667.14 referenced in Paragraph B. hereinabove are not waived, but enforcement and collection of such costs shall be stayed until June 1, 2009 at which time the costs become immediately due and payable and become subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County,Florida. DONE AND ORDERED this)k4 day of 4a )C,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE (\alb ov : "4 NDA C.GARRET 7r" PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party 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. cc: Respondents—Edilbray Perez and Belkis Martinez v Collier Co. Code Enforcement Dept., `/ } 4155827 OR: 4352 PG: 1669 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/22/2008 at 03:17PN DWIGHT B, BROCK, CLERK BBC FEE 27.00 Retn: COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY CODE BNF SPECIAL MAGISTRATE INTEROFFICE ATTN: MARLENE STEWART Case No. CEPM2008-0001391 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. EDILBRAY PEREZ and BELKIS MARTINEZ, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on April 4, 2008, and the Special Magistrate,having heard testimony under oath,received evidence,and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent(s),Edilbay Perez and Belkis Martinez,is/are the owner(s)of the subject property. 2. Respondent(s)was/were notified of the date of this hearing by certified mail and posting. 3. The Special Magistrate has jurisdiction of this matter;and the Respondent(s),Edilbay Perez and Belkis Martinez,having received proper notice, did not appear at the public hearing. 4. The real property located at 5563 171 Ave. SW,Naples, Florida 34116,Folio#36234240008, is in violation of Collier County Code of Laws and Ordinances, Section(s)22-231(12)(i)as follows: Vacant tri-plex structure with several broken windows. 5. This violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Code of Laws and Ordinances, Section(s) 22-231(12)(i). OR: 4352 PG: 1670 B. Respondent(s) shall abate the violation by repairing all broken windows and the sliding glass door, and completely securing all windows and sliding glass door located on structure by boarding on or before April 11, 2008, or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. If Respondent(s) fails to correct all violations within the time frames ordered, the County may abate the violations and charge any costs for such abatement against the Respondent's property in Collier County, Florida. If necessary, the County may obtain the assistance of the Collier County Sheriff's Office in order to access the property and enforce the order for abatement. D. Respondent(s) is/are ordered to pay Operational costs for the prosecution of this case in the amount of$270.49 on or before May 4,2008. D. Respondent(s) shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of 1` ,2008 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 0 i ' NDAC. G• " ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104, fax#(239)403- 2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party 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. 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. cc: Respondent(s)—Edilbay Perez and Belkis Martinez „r Collier Co. Code Enforcement Dept.. d- -1N _ cg