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CESM Orders 01/2009 COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2400 N.Horseshoe Dr. • Naples,'lorida 34104 • 239-403-2440 • 1 AX 239-403-2343 ' DATE: January 22nd, 2009 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Waldron, Code Enforcement RE: Special Magistrate Orders from 1/12/2009 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.—2006-080472 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JEAN CLAUDE MARTEL, Respondent. ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION TO AMEND THIS CAUSE came before the Special Magistrate on January 12,2009 for public hearing upon the Petitioner's Motion to Amend, 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 16, 2006, Respondent was found guilty of violation of Ord. 04-58, Sec. 6, Subsections 1, 4, 9, 11, 12b, 12c, 12i, 121, 12o, 12p, 19a, 19d & 20 for minimum housing violations, which violations occurred on the property located at 3152 Karen Dr., Naples, FL, Folio #61839680009, and a severely deteriorated, inhabitable mobile home remains on the property. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 16, 2006, or a fine of$500.00 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is attached & recorded at OR 4132,PG 1439). 3. On May 4, 2007, an Order was entered granting Petitioner's Motion to Impose Fines based on Respondent's non-compliance with the October 16,2006 Order. Fines,costs and a civil penalty in the total amount of$69,632.45 were assessed but have not been paid. 4. As of this date,abatement has not occurred and fines continue to accrue. 5. Respondent appeared at the hearing and advised that he has not made the necessary repairs but has allowed persons to live in the mobile home. 6. The mobile home is without water or electricity and in its current state represents a health, safety and welfare hazard. 7. The County has requested that the original order entered on October 16,2006 be amended to permit the County to abate the violation on Respondent's behalf. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion to Amend is granted. B. The County is authorized to abate the violation by obtaining the services of a licensed contractor to demolish the mobile home and remove all associated debris from the property. C. Any and all persons occupying the premises are ordered to immediately vacate the premises or may be removed from the premises in the interest of health, safety and welfare. D. The County is authorized to request the assistance of the Sheriffs Office for the removal of any occupants and to assist in accessing the property for such abatement. All costs of such abatement shall be assessed against the Respondent and shall become a lien on all of Respondent's property in Collier County, FL. E. All other provisions of the original Order of October 16, 2006 shall remain in full force and effect. The daily accrual of fines of $500.00 shall continue until abatement by the Respondent or the County. F. Jurisdiction is reserved over this cause to enter such Orders as necessary to enforce the terms of this Order. DONE AND ORDERED this (MA. day of ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • LL 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 Master 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 shall not stay the Special Magistrate's Order. cc: Respondent(s)—Jean Claude Martel ✓ Collier Co. Code Enforcement Dept ©9 ot PUMA ,'.aunty of COLUER HEREBY CERTIFY THAT this Is IMO :orrect cony or a coccjm-rit on fire in r Board Minutes and " -' Cotlie coon N1T,�,� S my n r , .:,I s lxh 0 ` `day or )WIGHT E. BROCK,CLERK OF COUP - *** 3926154 OR: 4132 PG: 1439 *** RECORDED in OFFICIAL RECORDS of COLLIER CODETY, F1 11/03/2006 at 01:16AE DWIGHT 1. BROCE, CLERK RIC FIB 10.00 • BOARD OF COUNTY COMMISSIONERS COPIES 1.00 COLLIER COUNTY,FLORIDA Retn: CLBRE TO THE BOARD vs. IITIROFFICI 4TH FLOOR LET 6406 JEAN CLAUDE MARTEL,Respondent(s) 3190 KAREN DR. NAPLES,FL 34112 Case No.—2006080472 COLLIER COUNTY CODE ENFORCEMENT ORDER OF THE SPECIAL MASTER Alleged Violation:MINUMUM HOUSING Violation of ORDINANCE 04-58 SEC.6 SUB SEC 1,4,9,11,12B,C,I,L,O,P,19A,D&20 Location:3152 KAREN DR. Folio: 61839680009 FINDINGS OF FACT: I. Respondent was charged by prior Notice of Violation and was properly noticed regarding these proceedings,and was present. 2. The Repeat Violation is found to have existed and was not corrected prior to these proceedings. THEREFORE,IT IS THE DETERMINATION OF THE SPECIAL MASTER THAT: A.The subject violation was issued in accordance with the :• ; s• .. .11ier County Code of Laws and Ordinances. B. Based on the evidence presented,the Respondent is 1 .NO 4 ilk .olation. IT IS HEREBY ORDERED THAT THE FOL,tct F 'G ACTIONS BE TA rNB THE RESPONDENT: 1.Respondent is ordered to pay a civil penalty of S ,00 t or.ere. • ' er repai the obile home or to remove it from the property on or before December 16,2006, r a Fn • 01�•-<ay.,, ill .r e:. h day the violation remains thereafter. 2.Respondent is allowed until November 16 200.to.eci•e - .nr I,. ac a+. o • e. At that time,if Respondent chooses to keep the structure,he must contact a Colli f�D .,.� • ��p s.assn. ng if the structure meets current codes. t 3.Respondent is ordered to pay Operational Cs the amount of S 132.4 4,.u d: e Enforcement during the prosecution of this case on or before December 16,2006. C J,• 4.Notify the Code Enforcement Investigator Joe M ••�'t - hr of •;_evintt .that a final inspection may be performed. COLLIER COUNT •DE ENFORCEMENT SPECIAL MASTER 10/I 4, DATE l NDA C.GARRETS NOTICE: This order will be recorded in the Public Records of Collier County. Collier County may place a lien against any and all of the violators'property,real or personal,which remains non-compliant,and/or fines and costs unpaid after three(3)months from the time the order is filed. In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. RIGHT TO APPEAL: Either party may appeal this Order of the Special Master to the Circuit Court. Any appeal must be filed within thirty(30)days of the execution of the order to be appealed. staff®i PlAR1% ,7a16 '.. in y of COLLIER `.r' , I Hyatt C RTI1X THAT this is a true tits corrtt ooktif Impouatottt on file In Board Mirt�tes tltnlitres of Collier C01 W itigt g trtjt 44iiK/;';:.tal seal this o ir. CLER DW 1- • K OF COURTS *** 3875152 OR: 4076 PG: 0659 "* UICOIDID to OFFICIAL IICOIDS of COLLIS,COUNT!, FL . 01/21/2001 at 03:2111 WIG1f I. MCI, CLIII 11C SS 10.00 Ietn:ATTJ: SHILLEI GAICIA BOARD OF COUNTY COMMISSIONERS COLLIES COOT! CODS IEFOICI017 COLLIER COUNTY,FLORIDA 2000 1 10151580E DL vs. JULIO FL 34104 JEAN CLAUDE MARTEL,Respondent(s) 3190 KAREN DR. NAPLES,FL 34112 Case No.—2006040682 COLLIER COUNTY CODE ENFORCEMENT ORDER OF THE SPECIAL MASTER Alleged Violation:MOBILE HOME IN POOR CONDITION,MINIMUM HOUSING VIOLATIONS Violation of: ORDINANCE 04-58 SEC.6 SUBSEC.12B,121,I2N,&I9A Location:3000 KAREN DR. Folio: 61839560005 FINDINGS OF FACT: 1. Respondent was charged by Notice of Violation and was properly noticed regarding these proceedings,and was present. 2. The Violation is found to have existed and was not corrected prior to these proceedings. 3. Respondent failed to comply by the compliance date of 4/20/06 established by the Code Enforcement Investigator. THEREFORE,IT IS THE DETERMINATION a NIL:iit: ii .,STER THAT: k A. The subject violation was issued in accord y �.the provisions o . ..a •A • County Code of Laws and Ordinances. B. Based on the evidence presented,the V' "T found guilty of the subj- viol ion. IT IS HEREBY ORDERED THAT TH •r •""1 . " ION :E T ,N THE RESPONDENT: I. Abate the violation by rep '• ;.• ' e p. , .7S--.t.7 2006 or a fine of 5250 a day until the violation has been abated. (') �J [—r 2. Pay S 151.13 for costs incurred i Code Enforcement D . t ent d • • oxecution of this case by August 7'a,2006. 3. Notify the Code Enforcement In =• J.Letourneau within • •f V-.-.t so that a final inspection may be rmP� Y performed. Ors COLLIER • 4'-ii" sv RCEMENT SPECIAL MASTER h(11(„,, iDATE DA C.GARRE N NOTICE;This order will be recorded in the Public Records of Collier County and shall constitute a Lien against any and all of the violator's property, real or personal.Collier County may foreclose on any such lien which remains unpaid after three(3)months from the time the lien is filed In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. RICHT TO APPEAL: Either party may appeal this Order of the Special Master to the Circuit Court Any appeal must be filed within thirty(30) days of the execution of the order to be appealed. • State of F LORIUA 'aunty of COLLIER I HEREBY CERTIFIVII i►"A1 s a true and correct copy dtakorcterma- ftJe in Board Minot es'vf••4-+17d 3t c.(.!liar COUnb wlTr�[ES rex, t', .0 ii:,s- I this t _ day Gr. DWIG E B r ire : .4:Of COURTS - -- -L D.C. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—SO-165884 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. GELCO CORP., Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12, 2009, 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 Fred Klinkmann, and is being contested by the Respondent, Gelco Corp., who has requested the hearing, was given proper notice, but did not appear at the public hearing. 2. Respondent is charged with violating the Collier County Parking Ordinance, Section 130- 67, which prohibits parking in a space designated for handicapped parking without a handicapped permit. 3. Respondent violated the ordinance by parking in a handicapped space without a permit. 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 the Collier County Parking Ordinance, Section 130-67, by parking in a handicapped space without a permit. B. Respondent shall pay a fine of$250.00 and an administrative fee of$5.00 on or before February 12, 2009. C. Respondent shall pay the operational costs incurred in investigating this case in the amount of$50.00 on or before February 12, 2009. DONE AND ORDERED this IZ'h„ day of &t\. ,2009 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE a. AKA, NDA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the execution of the Order. cc: Respondent-Gelco Corp.,/ ft Sheriff's Office 0 7 Collier Co. Code Enforcement Dept. d RUM -i :oumy of COUJEA • I HEREBY CERTIFY THAT this IS f Mies :affect cony of a aocument.oa.file in Board Minutes and,gc and,', et Copier Counts V,,MS S my na a his Tinaay of DWIGHT E. BROC A,CLERK OF COURT$ tire. SA Ismomor-.9* COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—SO-165419 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JEFFREY MOATS, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12, 2009, 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 Paige Long, and is being contested by the Respondent, Jeffrey Moats, who has requested the hearing, was given proper notice, but did not appear at the public hearing. 2. Respondent is charged with violating the Collier County Parking Ordinance, Section 130- 67, which prohibits parking in a space designated for handicapped parking without a handicapped permit. 3. Respondent violated the ordinance by parking in a handicapped space without a permit. 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 the Collier County Parking Ordinance, Section 130-67, by parking in a handicapped space without a permit. B. Respondent shall pay a fine of$250.00 and an administrative fee of$5.00 on or before February 12, 2009. C. Respondent shall pay the operational costs incurred in investigating this case in the amount of$50.00 on or before February 12, 2009. DONE AND ORDERED this/?h day of j , 2009 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE L __A 04,1c . if (NDA C. GA" . `-1 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—Jeffrey Moats— State d ROMA - ` "'"-'-- /4. Sheriff's Office :ourn�l � Collier Co. Code Enforcement Dept. --1 HEREBY CERTIFY THAT this 13 a true MO 'J 6 :orrect copy of a c:nurt ch'Me•tn Board Minutes and r:.,,Ct rf "ottiet,Countt S my n :,71-- -fi^'.1t I fraay of OWIQHT E. BROCA.CLERK OF COURTS `ii di 1 •erwe COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PR-041231 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. OMAR JESUS BARREDA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12, 2009, 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 Park Ranger Barry Gorniak, and is being contested by the Respondent, Omar Jesus Barreda,who has requested the hearing,was given proper notice, but did not appear at the public hearing. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances, Section 130- 66, which requires that a paid launch fee receipt be affixed and displayed in the proper location on the vehicle when parking in a restricted area. 3. Respondent violated the ordinance by failing to properly affix and display the paid launch fee receipt. 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 Code of Laws and Ordinances, Section 130-66. B. Respondent shall pay a fine of$30 and an administrative fee of$5.00 on or before February 12, 2009. C. Respondent shall pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before February 12,2009. 1 DONE AND ORDERED this day of Fern On ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ,k'. _1 &bk. :" NDA C. GA' 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—Omar Jesus Barreda AParks and Recreation Dept.✓ 9 Collier Co. Code Enforcement Dept. ' ,I` Stets tli - a.. `4E7A , :ounty of CoWEN y I HEREBY CERTIFY THAT this Is stye lU :orrect coDY of a ck'11mant en Me in Board Minutes and fl :70 looting iT ASA my Wane �_ tit? C.lig, 8y of Q WIGHT E. BROCK,CU OF COURTS: • Jt. 2 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PU-4457 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. TARPON COVE COMMUNITY ASSN INC., C/O PLATINUM PROPERTY MGMT,LLC, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009, 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 Utilities Officer George Cascio, and is being contested by the Respondent, Tarpon Cove Community Assn Inc., do Platinum Property Mgmt, LLC, who has/have requested the hearing, was/were given proper notice and whose representative, Leonard Formaro, Property Manager Platinum Property Mgmt LLC, appeared on behalf of Respondent at the hearing and entered into a Stipulation. 2. Respondent is charged with violating Ordinance No. 1997-33, Section 6.A.6 in the following particulars: Unauthorized alteration of backflow prevention assemblies at 710, 720, 730, 740, 750, 760, 770, and 780 Tarpon Cove Dr.respectively and 954 Carrick Bend. 3. This violation is a health, safety and welfare violation. • 4. The violation has been abated. 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. 1997-33, Section 6.A.6. B. Respondent shall pay a fine of$250.00, plus an administrative fee of$5.00 on or before February 12, 2009. C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount$50.00 on or before February 12, 2009. DONE AND ORDERED this'aL day of ■,.\OMVs ,2009 at Collier County,Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT OA.% . 0111-4* • NDA C. GA' ' 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: 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—Tarpon Cove Community Assn Inc., c/o Platinum Property Mgmt, LLC i.- P Collier Co. Utilities Office v �b 0`/ Collier Co. Code Enforcement Dept.,FLOM) :ounty of COWER T • f I HEREBY CERTIFY THAT this IS.11101 AIM :orrect cony of a aocumortt o 14,1* Board Minutes and 7E o*Caer Coun MSmvh Lif'-is}7'114 . ay )WIGHT E. BROCK,CLERK OF COUF jaill4114111114418411110111 s•.•111F,Alw COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CO-02302; CEVFH-20080010155 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SANIBEL TAXI, Respondent. ORDER ON RESPONDENT'S MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009, and the Special Magistrate, having considered the matter and being duly 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. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, Chapter 142, Sections 142-51(a) and 142-58(0(3) for operating a motor vehicle as a vehicle for hire, making a passenger pickup in Collier County without first obtaining a PVAC issued Certificate to Operate. 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 Continuance of this case is granted. B. All parties shall be re-noticed for a subsequent hearing date. DONE AND ORDERED this/ h. day ofJAlat-ti ,2009 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • NDA C. G ' ' ON cc: Respondent— Sanibel Taxi V A Collier Co.Code EnforcemerlM Sept. , ( Sheriff's Office i °� COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEAU-2008-0013129 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ERNESTO VILLA,ROSAURA VILLA, JUAN RODAS and BRICEYDA RODAS, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009, 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. The owners of the subject property are Ernesto Villa,Rosaura Villa,Juan Rodas and Briceyda Rodas. 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 were duly notified, but did not appear at the public hearing. 4. The real property located at 3072 4l'Terrace SW,Naples, Florida 34116, Folio#36516160000, is in violation of Florida Building Code,2004 Edition,as adopted by Collier County, Chap. 1 Permits, Sect. 105.1, in the following particulars: Sections of stockade fence in disrepair. 5. This 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. Respondents are found guilty of violation of Florida Building Code, 2004 Edition, as adopted by Collier County,Chap. 1 Permits, Section 105.1. B. Respondents are ordered to abate the violation by either obtaining a Collier County building permit for the fence, inspections, and a Certificate of Completion, or obtaining a demolition permit, obtaining all required inspections and a Certificate of Completion, on or before February 12,2009,or a fine of$100 per day will be imposed for each day the violation remains thereafter. C. If Respondents have not complied by the deadline,the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondents; and if necessary, assistance may be requested from the Collier County Sheriff's Office. D. Respondents shall notify Code Enforcement Investigator, Carmelo Gomez, within 24 hours of the abatement so that a final inspection may be performed to confirm compliance. E. Respondents are ordered to pay Operational costs for the prosecution of this case in the amount of $117.87 on or before February 12,2009. DONE AND ORDERED this jaila day of V ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • '� NDA C. GA' ' •' 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: 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) - Ernesto Villa, Rosaura Villa,Juan Rodas and Briceyda Rodas,-- Collier.Co. Code Enforcement Dept. o.y • • • ; ± ; '. t' ' • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. CEV 2008-0015476 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. DAVID L.HOUSTON, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009,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,David L.Houston, is the owner of the subject property. 2. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 4. Respondent, having been duly notified, appeared at the public hearing but did not remain having entered into a Stipulation. 5. The real property located at 2629 Holly Ave., Naples, Florida 34112, Folio #50890600000, is in violation of the Collier County Land Development Code Ordinance 04-41, as amended, Section 02.01.00(A),in the following particulars: Unlicensed/inoperable vehicle parked/stored on village residential zoned property. 6. The violation was abated as of January 9,2009. 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 pf the Collier County Land Development Code Ordinance 04-41,as amended, Section 02.01.00(A). B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $117.70 on or before February 12, 2009. DONE AND ORDERED this 1 day of J&i.f‘V {,l ,2009 at Naples,Collier County,Florida. t COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE iA Olikk. l! mil11;A_, i!. ' ' 1 NDA 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: 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—David L. Houston✓ tol Collier Co. Code Enforcement Dept. State di rW Gif ' r �� R • )' l :ountyofCOL r. l HEREBY CERTIFY TI4�1T tht hl� h IS " :orrect copy or a ^:-:'1'4' �t:on fixle to Board Minutes c:r: fo}IieC CAu�tlf gmyn .1. ai i;. 2:r day °t . .. '.;• NIGHT E.BRO CLERK OF COUP MM. ... ...alliaLtiouirip A 101110111•116 4111 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. CEV 2008-0011820 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. LIONEL FROLOFF and I iZF.TTE FROLOFF, Respondent(s). / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009, 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),Lionel Froloff and Lizette Froloff, is/are the owner(s)of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 4. Respondents,having been duly notified,appeared at the public hearing. 5. The real property located at 5234 28th Place SW,Naples, Florida 34116, Folio#36440240009, is in violation of the Collier County Land Development Code Ordinance 04-41, as amended, Section 2.01.00(A), in the following particulars: Vehicle with expired plates in residentially zoned property. 6. 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 is found guilty of violation of the Collier County Land Development Code Ordinance 04-41, as amended, Section 2.01.00(A). B. Respondent is ordered to abate the violation by obtaining a current registration for the vehicle, storing the vehicle in an enclosed structure or by removing the vehicle from the property on or before 5:00 p.m.on January 12,2009 or a fine of$50.00 per day shall accrue until the violation has been abated. C. Upon Code Enforcement's notification to the Special Magistrate that Respondents are in compliance by 5:00 p.m. on January 12,2009,operational costs are waived. D. If Respondents have not abated the violation within the time frame above, Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$117.61 on or before February 12, 2009. DONE AND ORDERED this (o2 h. day of J al\A/2,11 ,2009 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE a 64 0'. : IA 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: 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-Lionel Froloff and Lizette Froloff,/ A Collier Co.Cgcle.,Enf9rj a nlgtRept.,/ -.4 , . , COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV-2008-0012120 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. VICTOR H.VELASCO and SILVIA L.VELASCO, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009, 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,Victor H.Velasco and Silvia L.Velasco,are the owners of the subject property. 2. Respondents were given proper notice, met with the Code Enforcement investigator, admitted the violation and entered into a Stipulation. 3. The real property located at 5323 18th Ave. S.W.,Naples,Florida 34116,Folio#36250960003, is in violation of the Collier County Land Development Code 04-41, as amended, Section 2.01.00(A), in the following particulars: Vehicles in residentially zoned property with expired license plates. 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. Respondents are found guilty of violation of the Collier County Land Development Code, 04-41 as amended, Section 2.01.00(A). B. Respondents must abate the violation by obtaining and affixing a correct and valid license plate for the vehicles, or by storing the vehicles in a completely enclosed structure, or by removing the vehicles from the property on or before January 16, 2009 or a fine of $50.00 per day per vehicle will be imposed for each day the violation remains thereafter. C. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.61 on or before February 12, 2009. D. Respondents shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this\ ilt._day of j4( ,2009 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE W"1 DA C. GA" • ' •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: 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. State at FLORIDA -..... ,. ,.< t cc: Respondents—Victor H. & Silvia L. Velasco ,:OUMy of COWER Collier Co. Code Enforcement Dept. • I HEREBY CERTIFY r#Tr t! is Is a trot"sof :orrect copy or a :?.: Board Minutes arr.) ,°t GJII.er co urib May ptb` '`• � '`` 1 �a It ;NIGHT E. BROCX,CLERKOF,.CO1,I�, lip L'.14 . COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. CELU 2008-0014352 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. ANDRES BERMUDEZ and BALGI GUERRA, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 12,2009,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),Andres Bermudez and Balgi Guerra, is/are the owner(s)of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 4. Respondent,Andres Bermudez,having been duly notified, appeared at the public hearing having entered into a Stipulation. 5. The real property located at 2172 45th Street SW,Naples,Florida 34116,Folio#35773600003, is in violation of the Collier County Land Development Code Ordinance 04-41, as amended, Section 02.02.03, in the following particulars: Storage of paver bricks in front yard of the residential property. 6. 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 is found guilty of violation of the Collier County Land Development Code Ordinance 04-41,as amended, Section 02.02.03. B. Respondent is ordered to abate the violation by moving all the paver bricks in the front yard into J an enclosed structure or by removing the paver bricks from the property on or before January 27,2009 or a fine of$50.00 per day shall accrue until the violation has been abated. C. If Respondents have not abated the violations within the time frame above, the County is authorized to abate the violation and charge the cost of such abatement against the Respondent to become a lien upon the property. If necessary, the County may obtain the assistance of the Collier County Sheriff's Office to accomplish entry on the property to complete abatement. D. Respondent shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $117.43 on or before February 12, 2009. DONE AND ORDERED this day of � 61,40 ,2009 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE / c '. NDA C. GARRET' 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: 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 hearin4ifjnrn the Clerk of Courts. Filing an Appeal will not automaticaflyyif y`the Sft4i#11 fWi�trate's Order. `►a.. cc: Respondent-Andres Bermudez and Balgi Guerra Collier Co. Code Enforcement‘Dept. 1b Q ,. 5 ,: 3 `1 ,