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CESM Compliance 02/2009 COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO.CESD20080015198 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Paul Roberts Trust and 5th Street Trust,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joe Mucha, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County,who after being fully sworn, deposes and says: 1. That on February 20th, 2009, the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 4434 PG 1407. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 22nd, 2009. 4. That the re-inspection(s)revealed that the corrective action ordered by the Special Magistrate was in compliance by obtaining a certificate of occupancy for permit 2009030090 on May 29', 2009. FURTHER AFFIANT SAYETH NOT. DATED this 22nd day of June,2009. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MAGISTRATE Joe ha c Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworjn.to(or affirmed)andsubscribed before me this 22nd day of June 2009 by Joe Mucha. ,f L- (Siature of Notary Pu lic) NOT ,,,,,Am'PUBLIGSTATEOF RIDA , , ,�'_ Delicia (Print/Type/Stamp Commissioned �'�mmission#D; 9 Name of Notary Public) IAN 16,20 • ONDING CO,NC Personally known --- REV 1/09/08 4270328 OR: 4434 PG: 1407 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL COLLIER COUNTY CODE ENFORCEMENT 03/11/2009 at 10:07AM DWIGHT L BROCK, CUM SPECIAL MAGISTRATE R3C F33 1 2.50 Retn: Case No.—CESD-2008-0015198 CODE ENFORCEMENT / INTEROFFICE ATTN: JEN WALDRON BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. 5TH STREET TRUST, PAUL ROBERTS,TRUSTEE Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on February 20, 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 owner of the subject property is 5TH Street Trust,Paul Roberts, Trustee 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 was duly notified, and Respondent was represented by Susan Hornyak at the public hearing, who entered into a Stipulation on Respondent's behalf. Ms. Hornyak stated she is the owner of the Trust and the correct name is "5`h Street Trust, Paul Roberts—Trustee." 4. The real property located at 103 5th Street, Naples, Florida 34113, Folio #77214760004, is in violation of Collier County Code of Laws and Ordinances, Chap. 22, Sect. 22-26(B)(104.5.1.4.4), in the following particulars: Abandoned or suspended permit. 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 Collier County Code of Laws and Ordinances, Chap. 22, Sect. 22-26(B)(104.5.1.4.4). *** OR: 4434 PG: 1408 r** B. Respondents are ordered to abate the violation by obtaining a valid permit and obtaining all required inspections and a Certificate of Occupancy, on or before August 20, 2009, or a fine of$200 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, Joe Mucha, 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 $117.52 on or before March 20,2009. DONE AND ORDERED this day of oil) ,2009 at Collier County,Florida. 'taro F%. i/00A i :ourny of COLLIER � �� �� �� COLLIER COUNTY CODE ENFORCEMENT :arract cony of a.00cUriant!f 9 SPECIAL MAGISTRATE doard Minutas and ,.cons Od£Oill$t NITNESS my n anti o i f 4 . aay bra �✓ - `� • �`/'tl BFit,'K, -_$RENDA C. G ' ' ON �� 1 g . 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)- 5th Street Trust, Paul Roberts, Trustee Collier Co. Code Enforcement Dept.