CESM Compliance 05/2009 COLLIER COUNTY,FLORIDA J)
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO.CEA20090001437
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS,Petitioner
vs.
TIBURCIO BAUTISTA,Defendant(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared RENALD PAUL , Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County,who after being fully sworn, deposes and says:
1. That on 5-1-09, 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 4953 PG 24b0 .
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on 5-5-09.
4. That the re-inspection(s)revealed that the corrective action ordered by the Special Magistrate was in
compliance by Removing the animals from the property .
FURTHER AFFIANT SAYETH NOT.
DATED this 12th day of May,2009.
COLLIER COUNTY, FLORIDA
HEARING OF THE SPECIAL MAGISTRATE
o■ —
enald Paul
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
çI(oraffirmedand3pd before me thisl2thday of May 2009 by Renald Paul .
)
(Signa e of Notary Public)
NOTAR`.'"'T STAT,OF FLORIDA
'+ L)ia,na M. Hindall
(Print/Type/Stamp Commissioned : ',Tr. ;Commission#DD618572
Name of Notary Pu lic) Expires: NOV.. 29,2010
BONDED THRU ATLANTIC BONDC,G CO.,INC.
Personally known x
REV 1/09/08
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEA—2009-0001437
BOARD OF COUNTY COMIVIISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TIBURCIO BAUTISTA,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on May 1, 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,Tiburcio Bautista, 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.
3. Respondent appeared at the public hearing and entered into a Stipulation.
4. The real property located at 5409 26th Ave SW, Naples, Florida, Folio #36370640009, is in
violation of the Collier County Land Development Code 04-41, as amended, Section 2.03.01(J), in the
following particulars:
Chickens in a residential zoned property.
5. The violation was 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, 04-41 as
amended, Section 2.03.01(J).
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$117.70 on or before June 1,2009.
DONE AND ORDERED this bk. day of ,2009 at Naples,Collier
County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
� 1
041h
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—Tiburcio Bautista
Collier Co. Code Enforcement Dept.
fmorY
t HEREBY CERVYY THAT thithi a1MM
:orrect co=Wof"arq oq file In
hoard Min e and e Calthip
/0,111SS thy n 64`:1 ;' ufficiefectal this
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'MIGHT E.' ElR¢ IC;C OK&COURTS
4296664 OR: 4453 PG, 2160
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/13/2009 at 02:05PH DWIGHT B. BROCK, CLERK
COLLIER COUNTY CODE ENFORCEMENT R�tn:IYTEA CFFLCE REC 113 19.50
SPECIAL MAGISTRATE CODE ENFORCEMENT
J3N MALDRON 252 2141
Case No.—CEA—2009-0001437
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TIBURCIO BAUTISTA,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on May 1, 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,Tiburcio Bautista, 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.
3. Respondent appeared at the public hearing and entered into a Stipulation.
4. The real property located at 5409 26th Ave SW, Naples, Florida, Folio #36370640009, is in
violation of the Collier County Land Development Code 04-41, as amended, Section 2.03.01(J), in the
following particulars:
Chickens in a residential zoned property.
5. The violation was 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, 04-41 as
amended, Section 2.03.01(J).
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
5117.70 on or before June 1,2009.
•
*** OR: 4453 PG: 2163 ***
inspections, and a Certificate of Completion, or by obtaining a demolition permit for the fence, all
required inspections and a Certificate of Completion, on or before June 1, 2009, or a fine of$100 per
day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violations.If necessary,the County may request the services of the Collier County Sheriffs
Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed
against the property.
D. Respondent is ordered to pay Operational Costs for the prosecution of this case in the amount of
$117.96 on or before June 1,2009.
E. 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.
DONE AND ORDERED this t5A- day of ,2009 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
B,'NDA C.GARRET'S@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. L t .)
:ou n my of COLLIER
cc: Respondent—Tiburcio Bautista
Collier Co. Code Enforcement Dept. HERESY ' E"'1 t Her 7ci is t'tt3elr fad
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BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEA20090001437
TIBURCIO BAUTISTA
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, TIBURCIO BAUTISTA, on behalf of himself or as representative for
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices
of Violation in reference (case) number CEA20090001437 dated the 17TH day of FEBRUARY, 2009_.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement
process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto
agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
Chickens in a residential zoned property.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Respondent must rid the property of animals prohibited in a residentially zoned district, within seven day
of this order or pay a fine of$100.00 a day for each day this violation remains unabated
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement.
4L
Responde p /Representative (sign) Fes' Diane Flagg, Director
Code Enforcement Department
5+
'b
t b ur..21 Fq v ws B4t�
Respondent or Repres
(print) Date
Date
REV 12/1/08
COLLIER COUNTY,FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO.CESD20090001658
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS,Petitioner
vs.
TIBURCIO BAUTISTA,Defendant(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared RENALD PAUL , Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County,who after being fully sworn, deposes and says:
1. That on May 1,2009,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 4453 PG2162.
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on May 22,2009.
4. That the re-inspection(s)revealed that the corrective action ordered by the Special Magistrate was in
compliance by Owner obtained a fence permit inspections and certificate of completion.
FURTHER AFFIANT SAYETH NOT.
DATED this 26th day of May,2009.
COLLIER COUNTY,FLORIDA
HEARING F THE SPECIAL ISTRATE
,
Renald Paul
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to affirmed)and subscribed before me this 26th day of May 2009 by Renald Paul.
c.„/%,6 ,67 /7,7.-
(Signature oftary Public)
� ' C NOTARY piJBL,IC S'IAiE OF FLORIDA erly3randes
(Print/Type/Sta Commissioned t ammission#T�D46741.0
Name of Notary Public) �, �:nires: At G. 31, 2009
� c borcILng Co.,Inc.
Personally known_x_
REV 1/09/08
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD—2009-0001658
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TIBURCIO BAUTISTA,
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on May 1, 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 Tiburcio Bautista.
2. Respondent was notified of the date of hearing by certified mail and posting, appeared at the
hearing and entered into a Stipulation.
3. The real property located at 5409 26th Ave SW,Naples,Florida,Folio#36370640009,was,at the
time of service of the Notice of Violation, in violation of Collier County Land Development Code, Chap.
04-41, as amended, Sect. 10.02.06(BX1XA) and Collier County Code of laws, Chapter 22, Article II,
Florida Building Cod e, Sec.22-26(bX106.1.2),in the following particulars:
Chicken coop on residentially zoned property with no permits and fence with prior
permit that was never C/O'd.
4. The chicken coop violation has been abated as of the date of the 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 Collier County Land Development Code,Chap. 04-41,
as amended, Sect. 10.02.06(BX1XA)and Collier County Code of laws,Chapter 22,Article II,
Florida Building Code, Sec.22-26(bX106.1.2).
B. Respondent is ordered to abate the fence violation by obtaining a Collier County building permit,
inspections, and a Certificate of Completion, or by obtaining a demolition permit for the fence, all
required inspections and a Certificate of Completion, on or before June 1, 2009, or a fine of$100 per
day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violations.If necessary,the County may request the services of the Collier County Sheriff's
Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed
against the property.
D. Respondent is ordered to pay Operational Costs for the prosecution of this case in the amount of
$117.96 on or before June 1,2009.
E. Respondent shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of
abatement so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this t5-k" day of
Kki
,2009 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
"' •A
B:."1-1A.C. GARREfi'
PAYMENT OF FINES: Any fmes ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)403-
2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this order may also be obtained at this location.
LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3)
months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may
authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event
that outstanding fmes are forwarded to a collections agency, the Violator will be responsible for those
costs incurred by Collier County.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within. It is the responsibility of the
appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal
will not automatically stay the Special Magistrate's Order. „coo a: f LUrcl13A
,ounty of COLLIER
cc: Respondent—Tiburcio Bautistaty ��' i`t�
P Collier Co.Code Enforcement Dept.,,,, HEREBY CE,FiYIPt. THAT) Is •this am.
xrect cooye`�o`r a Apc'ulfi at flit f11S In
S'1 '°1
oarci till mires n�� ` r rte otOo111er COW*
I$TNESS 4.4ar n :: : t,#licial seal this
aay'70f
'WIGHT E. 13110(0,4„ liKtW COURTS
r" \ A ) ni_ ,e 10
4296665 OR: 4453 PG: 2162
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/13/2009 at 02:05PM OUGHT B. BROCK, CLERK
RFC FEB 18.50
COLLIER COUNTY CODE ENFORCEMENT Retn:INTER OFFICE
S PECIAL MAGISTRATE CODE ENFORCEMENT
JEN 51ALDRON 252 2444
Case No.—CESD—2009-0001658
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
TIBURCIO BAUTISTA,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on May 1, 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 Tiburcio Bautista.
2. Respondent was notified of the date of hearing by certified mail and posting, appeared at the
hearing and entered into a Stipulation.
3. The real property located at 5409 26th Ave SW,Naples, Florida,Folio#36370640009,was, at the
time of service of the Notice of Violation, in violation of Collier County Land Development Code, Chap.
04-41, as amended, Sect. 10.02.06(B)(1)(A) and Collier County Code of laws, Chapter 22, Article II,
Florida Building Code, Sec. 22-26(b)(106.1.2), in the following particulars:
Chicken coop on residentially zoned property with no permits and fence with prior
permit that was never C/O'd.
4. The chicken coop violation has been abated as of the date of the 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 Collier County Land Development Code, Chap. 04-41,
as amended, Sect. 10.02.06(B)(1)(A)and Collier County Code of laws, Chapter 22,Article II,
Florida Building Code, Sec. 22-26(b)(106.1.2).
B. Respondent is ordered to abate the fence violation by obtaining a Collier County building permit,
#, ; ; op, /1/11 PG' 2161
u
DONE AND ORDERED this 1 day of , . ,2009 at Naples,Collier
County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
(1 Ilk
dfAAAA
`--.BR1NDA C. GA' ' " ON
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—Tiburcio Bautista --
I\ Collier Co. Code Enforcement Dept.
Zau.my of COWEN -1.440 i
s HEREBY CERTIFY THAT ?-2 13 3'
.orroct cony cr on me IP
th'1$
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1
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CESD20090001658
TIBURCIO BAUTISTA
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, TIBURCIO BAUTISTA, on behalf of himself or as representative for
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices
of Violation in reference (case) number.CESD20090001658 dated the 17TH day of FEBRUARY, 2009_.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement
process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto
agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
Chicken coop on residentially zoned property with no permits and fence with prior permit that was never
coed.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$I17.q(oincurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Respondent is required to obtain any and all permits as required by Collier County, for the addition of
the chicken coop and fence to this residence or obtain permits for removal of all additions to this
property and obtain all required inspections and certificate of completion within thirty (30) days of this
hearing or be fine $100.00 a day for each day the violation remains unabated
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions of this
agreement.
°ji
Respondent :r ,.epresentative (sign) r Diane Flagg, Direct6r
Code Enforcement Department
�'r-- a• 1. - S . ; . 09
Respondent or Re:resentative (print) Date
REV 12/1/08