CESM - Liens 12/2008 c
iiiiiii COLLIER COUNTY CODE ENFORCEMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAX 239-403-2343
DATE: December 18th, 2008
TO: Trish Morgan, Clerk of Courts - Records
FROM: Jen Waldron, Code Enforcement
RE: Special Magistrate Orders from 12/12/2008 Hearing
Please find attached the orders issued by the Special Magistrate.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders/Liens and return the
originals interoffice mail to:
Jen Waldron, Code Enforcement Specialist
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-2444.
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD-2008-0007341
BOARD OF COUNTY COMMISSIONERS
COI,LTER COUNTY,FLORIDA,
Petitioner,
vs.
MARIE LAFRANCE,
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 December 5, 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 the Collier County Code of
Laws and Ordinances, Chapter 22, Article II, Section 22-26(b) and the Florida Building Code, 2004
edition, as adopted by Collier County, Section 104.5.1.4, for the accumulation of prohibited litter at 2351
51"Terrace SW,Naples,FL 34116, Folio#36312800001.
2. An Order was entered by the Special Magistrate ordering Respondent to correct the violation on or
before November 5, 2008 or incur daily fines of$200.00 until abatement has occurred. (A copy of the
Order is recorded at OR 4394,PG 0990 and attached hereto).
3. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,
appeared at the public hearing, failed to present any legal defense to the Motion, but testified to mitigating
circumstances affecting compliance.
5. Operational costs incurred in the prosecution of this case 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. Petitioner is ordered to pay the operational costs of$117.43 on or before December 29.2008.
C. Fines at the rate of$200.00 per day are assessed for 29 days for the period between November 6,
2008 and December 5,2008,for a total fine amount of$5,800. Execution of this Order for the imposition
of lien is stayed until December 29, 2008. If the violation has been abated on or before December 29,
2008, based on the mitigating circumstances presented by the Respondent, no fines shall be assessed.
D. The accrual of fines for the period between November 5, 2008 and December 5. 2008, are stayed
but shall be assessed retroactively at the rate of$200.00 per day if no abatement occurs.
E. In the event an Affidavit of Non-Compliance is filed herein by the County, Respondent is ordered
to pay fines of$5,800.00, in addition to the fines incurred from December 6, 2008 to December 29, 2008
of$5,000.00, for a total of$10,800.00 to be paid forthwith as of December 30, 2008, or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
Due to non-compliance, fines shall continue to accrue thereafter until compliance is confirmed.
t. In the alternative event that an Affidavit of Compliance is filed herein, no fines shall be assessed.
G. This Order shall be self-executing, shall be effective as of December 30. 2008 and shall require
no further Order of the Special Magistrate.
DONE AND ORDERED this day of l�eL• ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
- PAL-
: • .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 lines 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- Marie LaFranee
PCollier Co. Code Enforcement Dept../
0-.
n
l�.
4211738 OR: 4394 PG: 0990
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/16/2008 at 03:36PN DWIGHT E. BROCK, CLERK
COLLIER COUNTY CODE ENFORCEMENT REC FEE 18.50
SPECIAL MAGISTRATE CODE ENFORCEMENT
Case No. CESD-2008-0007341 INTEROFFICE
AT?N: NAALENE STEWART
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MARIE LAFRANCE,
Respondent(s).
- - = -ORDER OF THE SPECIAL MAGISTRATE -
THIS CAUSE came on for public hearing before the Special Magistrate on September 5, 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), Marie LaFrance, 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
proper notice, did not appear at the hearing.
4. The real property located at 2351 51st Terrace,Naples, Florida 34116, Folio# 36312800001, is in
violation of Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26(B), and
Florida Building Code, 2004 Edition, as adopted by Collier County , Section 104.5.1.4, in the following
particulars:
Permits were applied for which permitted a kitchen addition and a framed storage
shed and the work was completed, but the Owner did not obtain a Certificate of
Completion.
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 Collier County Code of Laws and Ordinances,
*** OR: 4394 FO: 0991 "**
Chapter 22,Article Il Section 22-26(B),-and Florida$uilding Code, 2004 Edition, as adopted by Collier
County, Section 104.5.1.4.
B. Respondent(s) is/are ordered to abate the violation by obtaining either a Collier County building
permit or a demolition permit, and by obtaining all required inspections and a Certificate of Completion
on or before November 5, 2008, or a fine of$200 per day will be imposed for each day the violation' -
remains thereafter.
•
C. Respondent(s) shall notify Code Enforcement Investigator, Renald Paul, within 24 hours of the
abatement so that a final inspection may be performed to confirm compliance.
D. Respondent(s) is/are ordered to pay Operational costs for the prosecution of this case in the
amount of$117.43 on or before October 5,2008.
DONE AND ORDERED this day of e 6 ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
h:...� .1111,A•�.ENDA C.GAR R rN
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Department,2800 North Horseshoe Drive, Naples, FL 34104, fax#(239)403-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this Iocation.
LIEN RIGHTS: This order may he recorded in the Public Records of Collier County. After three (3)
months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may
authorize the County Attorney to foreclose on.the lien or pursue collection on unpaid claims. In the event
that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those
costs incurred by Collier County.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within. It is the responsibility of the
appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal
will not automatically stay the Special Magistrate's Order.
cc: R.espondent(s)—Marie LaFrance .• • :;ut,
pr Collier Co. Code Enforcement Dept. .trily of COLLIER
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.arrect copy o'Fa•COcu ent.011w.fJJe in
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DWIGHT E Bi OC,l(,CLi:Ri{,OF CQURT$
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HEREBY CE RTI f THATthiMa s Wean.
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oard Minutes and Pecotos4f COjjier CoNttt
,IT NESS mgr .aar►ciand official sea this
day df'f b ?t;, •
)WIGHT E. BROGA, CLERK OP-POURTR