CESM - Orders 12/2008 COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.-PU-4426
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
LAGUNA BAY ASSOCIATES,LLC,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate 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
I. The citation was issued by Collier County Utilities Officer George Cascio,and is being contested
by the Respondent, Laguna Bay Associates, LLC,who has requested the hearing,was given proper notice
and appeared for the public hearing represented by its Business Manager,Lacey Stevison.
2. Respondent is charged with violating the ordinance which prohibits littering,Ordinance No. 05-
44. Section 9.1, of the Code of Laws and Ordinances.
3. Respondent violated the ordinance by allowing an unlawful accumulation of litter, spillage and
overflow around containers in enclosures,which creates a health, safety and welfare nuisance.
4. The violation was abated 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 Ordinance No.07-44, it is hereby
ORDERED:
A. Respondent is guilty of violating Ordinance No. 05-44, Section 9.1, of the Code of Laws and
Ordinances.
B. Respondent(s) shall pay a civil fine of$250.00, plus administrative costs of$5.00 on or before
January 5 ,2009.
C. Respondent(s) shall pay the Operational Costs incurred in investigating this case in the amount of
$50.00 on or before January 5, 2009.
DONE AND ORDERED this 54\ day of ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
_ 411/11147
NDA C. • '
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- Laguna Bay Associates, LLC
Collier County Utilities Office
,04i Collier Co. Code Enforcement Dept.,"
,)[aTe of F LORH.)A
:ounty of COLLIER
HEREBY CERTIFI THAT this Is a true one
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—SO-149310
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MARIE C.LOUIS,
Respondent(s).
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate 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. The citation was issued by Collier County Sheriff's Deputy Pam Hughes, and is being
contested by the Respondent, Marie C. Louis, who has requested the hearing, was given proper
notice and appeared at the public hearing.
2. Respondent is charged with violating the parking Ordinance, Section 130-66 of the Code of
Laws and Ordinances, which prohibits parking in a fire lane.
3. Respondent violated the ordinance by parking in a designated, clearly marked fire lane.
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 guilty of violating Collier County Ordinance Section 130-66 of the Code
of Laws and Ordinances, by parking in a fire lane.
B. Respondent shall pay a fine of$30.00 on or before January 5, 2009.
C. Respondent shall pay Operational Costs incurred in investigating this case in the amount
of$50.00 on or before January 5, 2009.
DONE AND ORDERED this 54, day of IC. ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
elLad C. GARRE
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 execution of the Order.
cc: Respondent–Marie C. Louis./
Collier County Sheriff's Office
9. Collier Co. Code Enforcement Dept. /
a'
State o+ F 1.0rouf+
:ounty of COLLIER
I HEREBY CER 'i M-IAT this Is a true and
:orrect cops&l.00c'at t on fila to
Board Minh es apgg +R- 0,00 Collier Coanti
NITNESS my Calla j ' flctaI seat this
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:WIGHT ,.BR 'CLERI OF COURTS
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. : 2007-070693
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JEFFREY KONKUS and CLAUDIA KONKUS,
Respondents.
ORDER ON MOTION TO ABATE FINES
THIS CAUSE came on before the Special Magistrate on December 5, 2008, on the current
owner's Motion to Abate Fines, and the Special Magistrate, having reviewed the motion and file 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 May 16, 2008. Respondent was found guilty of violation of Ordinance No.2004-58,
Section(s)6, Subsection 15, for allowing the water in a swimming pool to become black, filled with algae
and stagnant,which violations occurred on the property located at 15073 Topsail Court,Naples, Florida
34119, Folio#51978010003.
2. An Order was entered by the Special Magistrate directing that the violation he abated on
or before May 23,2008 or fines on the property in the amount of$250.00 would begin to accrue
thereafter. (A copy of the Order is recorded at OR 4367, PG 0400 and attached hereto).
3. On June 24,2008,the property was foreclosed upon and the purchaser at the foreclosure
sale was Aurora Loan Services,LLC. The violation remained on the property at the date of foreclosure.
4. The new owner.Aurora.Loan Services. LLC,abated the violation and paid the
operational costs of$277.65 by November 12, 2008.
5. At the time of abatement, a daily fine of$250.00 had accrued for 172 days resulting in
fines in the total amount of$43,000.00.
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. Based on the abatement and compliance by the new owner, Aurora Loan Services, LLC,
the Request for Reduction/Abatement of Fines is granted.
B. The fine amount of$43,000.00 is hereby abated.
DONE AND ORDERED this 5j0.4.day of eC-. ,2008 at Naples,
Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
tik_,Jko
' I A C. GARRETS rill.
cc: Jeffrey Konkus and Claudia Konkus r/
n Aurora Loan Services,LLC
l/' ollier Co. Code Enforcement Dept. L
I0
4174471 OR: 4367 PG: 0400
RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL
06/0512008 at 08:3811 DWIGHT I. BROCI, CLUE
RIC III 18.50
COLLIER COUNTY CODE ENFORCEMENT Retn:
SPECIAL MAGISTRATE CODS FORCENBNT
INTEROOFFFICE
Case No.-2007-070693 ATTI: NARLHNE SMART
/
BOARD OF COUNTY COMMISSIONERS - - -. -- --
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JEFFREY KONKUS and CLAUDIA KONKUS,
Respondent(s).
/
ORDER OF THE SPECIAL MAGISTRATE`- -
THIS CAUSE came on for pub . •I.- 1... .41 ial Magistrate on May 16,2008,and the
Special Magistrate,having heard tes.i Ti •er oath,rec ' ence,and heard argument respective
to all appropriate matters, hereu.v n •- ,es its Findings of Fac.'o lusions of Law, and Order of the
Special Magistrate,as follows: A
.T.�` .i .
1. The owners of the subs- �- � -,- d la 4+4 onkus.
2. Respondents were notifi.s . e date of hearing by •-d ,ai! : d posting.
' l7
3. The Special Magistrate has • i lion of this matter th(e-•espondents were duly notified, but
did not appear at the public hearing. 1t, C
4. The real property located at 15073 Tops:' -: les,Florida 34119, Folio#51978010003,was
at the time of service of the Notice of Violation,in violation of Ordinance No.2004-58,Section 6,Sub-
Section 15, in the following particulars:
Swimming pool is black,filled with algae and the water is stagnating.
5. The violation was not abated 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 No. 2004-58, Section 6, Subsection
15.
B. Respondent(s) is/are ordered to abate the immediate health, safety and welfare issue caused by
unsanitary swimming pool by cleaning and maintaining the pool on or before May 23,2008,or a fine of
*** OR. 4367 PG: 0401 ***
S250.00 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$277.65 on or before June 16,2008.
D. Respondent shall notify the Code Enforcement Investigator, Patrick Baldwin, within 24 hours of
.. abatement so that a final inspection may be performed to confirm compliance. -
DONE AND ORDERED this'kAVs day of____Alt___,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
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PAYMENT O F FINES: Any me • v' . ..'d • uant . thi order may be paid at the Collier
County Code Enforcement Dep. • 1 nt, II o . .orsesh• Driv- Na•les,FL 34104,fax#(239)403-
2343. Any release of lien or .nfi ,; rt.%) .4,-1, ':, .4r. o on •f the satisfaction of the
- obligations of this order may . so •To,tai -• . is l 1
.
H
LIEN RIGHTS: This order , : r .rd • m the ' ord. I oilier County. After three (3)
months from the filing of any s,c en or civil claim will. ,a' 7.id,the Special Magistrate may
authorize the County Attorney to "6-. ose on the lien or pi-` :
State of FLORIDA
:aunty of COWER
HEREBY CERTIFY, TEAT this Is a bug MO
:orrect copy of aocurr *,on file In
loard Minuted and jtotoros bt Collier Court
H1TES$ r6v-nano and otflci sal this
dajt os
DWIGHT E. .005H_ t Counli
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