CESM Liens 01/2009 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: 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.-CESD-2008-0007775
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HSBS BANK USA,NAT'L.ASSOC.,TR.
c/o EMC MORTGAGE CORP.,
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 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. On September 5, 2008, Respondent was found guilty of violation of the Collier County Land
Development Code 04-41, as amended, Sections 10.02.06(B)(1)(A), 10.02.06(BX1)(e)(i) and Florida
Building Code, 2004 Edition, as adopted by Collier County, Sec. 105.1, for erection of a tiki hut without
first obtaining the required permit, which violation occurred on the property located at 3160 4th Street
NW,Naples,FL 34120,Folio#37645480003.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 5, 2008, or a fine of$200.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4394, PG 0984
and attached hereto).
3. Operational costs of$117.69 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$117.69 forthwith.
C. Daily fines of$200.00 per day are assessed against Respondent for 38 days for the period from
December 6, 2008 to January 12, 2009 for a total amount of fines of$7,600.00
D. Respondent is ordered to pay fines and costs in the total amount of$7,717.69 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida.
E. The daily fine of$200 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
DONE AND ORDERED this jAlls_day of ,2009 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
IPA. ∎ �1i
NDA C. GA' '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 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 resportsibilrity of that appea#ing party to obtain a transcribed record of the hearing from the Clerk
of Courts. Filing an Appeaf'will not automatically stay the Special Magistrate's Order.
cc: Respondent—HSIS Bank USA,Natl. Assoc.,Tr.,/
EMCj .Mortgage Corp. . ,
07 Collier Co. Code Enforcement Dept.„--
tr /
4211736 OR: 4394 PG: 0984
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/16/2008 at 03:36PM DWIGHT E. BROCK, CLERK
COLLIER COUNTY CODE ENFORCEMENT NEC FEE 27,00
Ret
SPECIAL MAGISTRATE OD
CE:
CODE ENFORCEMENT
Case No. CESD—200 8-0007775 INTEROFFICE
/ ATTN: MARLENE STEWART
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HSBS BANK USA,NATL.ASSOC.,TR
c/o EMC MORTGAGE CORP.
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),HSBS Bank USA,Natl. Assoc. Tr. do EMC Mortgage Corp., 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 3160 4th St. NW, Naples, Florida 34120, Folio#37645480003, is in
violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A),
10.02.06(B)(1)(E)(1) and Florida Building Code, 2004 Edition, as adopted by Collier County, Section
105.1, in the following particulars:
Tiki Hut built on residential property without obtaining Collier County permits.
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:
OR: 4394 PG: 0985
A. Respondent(s)is/are found guilty of violation of Collier County Land Development Code 04-41,
as amended, Section 10.02.06(B)(1)(A), 10.02.06(B)(1)(E)(1)and Florida Building Code, 2004 Edition,
as adopted by Collier County, Section 105.1.
B. Respondent(s) is/are ordered to abate the violation by obtaining either a Collier County building
permit or demolition permit, with all required inspections and a Certificate of Completion, on or before
December 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$117.69 on or before October 5,2008.
DONE AND ORDERED this "T e1 day of ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
� .L&) ADAiA1J
: ' 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: 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)—HSBS Bank USA,Natl.Assoc. Tr. c/o EMC Mortgage Corp./
Collier Co. Code Enforcement Dept.
Cl/
•
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD-2008-0007891
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HSBS BANK USA,NATL.ASSOC.,TR.
c/o EMC MORTGAGE CORP.,
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 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. On September 5,2008,Respondent was found guilty of violating Collier County Code of Laws and
Ordinances, Chapter 22, Article II, Section 22-26(B) and 2004-41, and Florida Building Code, 2004
Edition, as adopted by Collier County, Section 104.5.1.4, for the expiration of a permit for a built pool
and failure to obtain Certificate of Completion, which violation occurred on the property located at 3160
441 Street NW,Naples,FL 34120,Folio#37645480003.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 5, 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 4394,
PG 0987 and attached hereto).
3. Operational costs of$117.60 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$117.60.
C. Daily fines of$200.00 per day are assessed against Respondent for 38 days for the period from
December 6,2008 to January 12,2009 for a total amount of fines of$7,600.00
D. Respondent is ordered to pay fines and costs in the total amount of$7,717.60 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida.
E. The daily fine of$200 shall continue to accrue until abatement has been confirmed by a Collier
County Code Enforcement Investigator.
DONE AND ORDERED this p.44., day of S$rV ,2009 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
40-01
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 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 wiU not agto rlatiially stay the.SRecial Magistrate's Order.
c
cc: Respondent—HSBS Bank,Natl.'Assoc.,Tr. do EMC Mortgage Corp.
Collier Co. Code Enforcement Dept.
4211737 OR: 4394 PG; 0987
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
09/16/2008 at 03:36PK DWIGHT B. BROCK, CLERK
COLLIER COUNTY CODE ENFORCEMENT RIC FEE 27.00
SPECIAL MAGISTRATE Retn:
CODE ENFORCEMENT
Case No. CESD—2008-0007891 INTEROFFICE
/ ATTN: WARLIKE STEWART
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HSBS BANK USA,NATL.ASSOC.,TR
c%EMC MORTGAGE CORP.
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), HSBS Bank USA,Natl. Assoc. Tr. c/o EMC Mortgage Corp.,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 3160 4th St. NW, Naples, Florida 34120, Folio#37645480003, 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:
Permit for built pool expired,certificate of completion never obtained.
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:
i OR: 4394 PG: 0988
A. Respondent(s)is/are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 22, Article 11, Section 22-26(B)and Florida Building 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 demolition permit, with all required inspections and a Certificate of Completion, on or before
December 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$117.60 on or before October 5,2008.
DONE AND ORDERED this day of • ,2008 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
1 1 c,,, ikt ;
•
DA C. GARRETSON
PAYMENT OF FLNES: Any tines 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 rno►vo,
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)–HSBS Bank USA,Natl.Assoc.Tr. c/o EMC Mortgage Corp
(l Collier Co. Code Enforcement Dept.—
i lvdl6