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CESM Orders 06/2009 jetilLei j (9(22.10.9 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.PR-042197 CEEX—2009-0002325 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROGER L. RUTHERFORD and PATRICIA A. RUTHERFORD, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION TO RESCIND THIS CAUSE came on before the Special Magistrate on Petitioner's Motion to Rescind, and the Special Magistrate, having reviewed the motion and file, and having been otherwise fully advised in the premises, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On April 3, 2009, Respondents were found guilty of violation of Collier County Code of Laws and Ordinances Section 130-66 for failing to display the paid fee receipt. 2. An Order was entered by the Special Magistrate ordering Respondent(s) to pay a fine of$30, an administrative fee of$5 and operational costs of$50, for a total of$85 on or before May 3, 2009. (A copy of the Order is recorded at OR 4445, PG 1275 and attached hereto). 3. Contrary to the incorrect information presented to the Special Magistrate at the hearing, Respondents paid all fines, fees and costs prior to the hearing, thereby alleviating the need for the case to be brought before the Special Magistrate. 4. The Order dated April 3, 2009 was entered in error. 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ORDERED: A. Respondent's Motion to Rescind is granted and the Order entered in this case on April 3,2009 is hereby rescinded, shall no longer be in force and shall have no further effect. DONE AND ORDERED this_ day of 3W\ . ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C. GARRETSO 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 and may become a lien on your real and personal property. 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(s)- Roger L. Rutherford and Patricia A. Rutherford ,/ PCollier Co. Code Enforcement Dept.z 19 Stare Cu FLORIDA :ounty of COLLIER I HEREBY CERTIFY THAT this Is a tuft IMO :orrect coos of a 'document On file In 3oard Minutes and t;'ecoros of pate ligSs my hals;-,,A1 ofticlkseal this dayaf , ` I OCX,CLtRKOF`co- , ika. .............. 4285333 OR: 4445 PG: 1275 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY. FL COLLIER COUNTY CODE ENFORCEMENT 04/20/2009 at 11:18At( DNIGHT E. EROC1<, CLERK SPECIAL MAGISTRATE Retn: RIC FED 18.50 Case No.-PR—042197 CEEX-2009-0002325 INTE CODE RO OFFI CCEtIEII! lEFICE ' I JEN WALDRON/SUPERVISOR 1 BOARD OF COUNTY COMIYIISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROGER L RUTHERFORD and PATRICIA A.RUTHERFORD, Respondents, ORDER OFrE4'�14AGISTRpTE THIS CAUSE came on for,p earing before the 1 istrate on April 3,2009,and the Special Magistrate, having heard` ent.respective to all �r Findings of Fact and Order of S i; aP� pt�ate matters, hereupon issues its S, s,Z�" ate► ;► • T( 7� 1. The citation was issu l4 , .�.,k J . contested by the Respondents,tIt r L. Rutherford an• "✓ coo Araquistain, and is being tricia A. erford, who have requested the hearing,were given proper noti' 'appeared at the pubhedri 2. Respondents are charged ,' 'v olating Collier Coun r`` of Law 130-66, which requires that a paid kin fee re Laws and Ordinances, Section area. . �g ' bf ' played when parking in a restricted 3• Respondents violated the ordinance by�ai -o�-�a the paid isplay p 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. Respondents are guilty of violating Collier County Code of Laws and Ordinances Section 130-66. B. Respondents shall pay a fine of$30 and an administrative fee of$5.00 on or before May 3,2009. C. Respondents shall pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before May 3,2009. * OR: 4445 PO: 1276 *** DONE AND ORDERED this( 4, day of 2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Oita, t \ 11111. ,,A1 A C.G . . --r7- .N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at.the Collier County Code Enforcement Department,28 orth Horseshoe Drive,Naples,FL 34104,fax #(239)403-2343. Any release of lien or „�:i. of the obligations of this order may al ��i` ante or confirmation of the satisfaction y ,.�_�tf�thi. T105., . LIEN RIGHTS: ,t This orde/ : . recorded in the pub ecRecords of Collier County. After three (3)months from the filing of an, s , .. , or c may authorize the County Atto' aiwhich rernai unpaid,the Special Magistrate ty rney • foredo . e lien b,r_ u�rsut<collection on unpaid claims. In the event that outstanding fines age fo ., �• . y o '�� T. s e c9�i`he 'ioiator will be responsible for those costs incurred by Collier Co :: J v/ 1 �r-; APPEAL RIGHTS: Any a$'gfi ed may a �' Lv Circuit Court within thirty 1 ' party Y ppea ,a final orde ,f the Special Magistrate to the rty (30) diva of the execution o Oide led. An appeal shall not be a hearing de novo, but shall be lirn -..• appellate review o ' It is the responsibility of the `}th: r��'�ated within the original hearing. apps ::.-% to obtain a tran • • ' ord of the hearing of Courts. Filing an Appeal will not a.. . :t «:. ; -. g from the Clerk lE �.� agistrate's Order. . Pcc: Respondents—Roger L.&Patricia A. Rutherford,/ Parks and Recreation Dept. - i ,,e 7 Collier Co.Code Enforcement Dept. Jiate or f L.Q.fiI1tA - :ounty of COWER l,,jt• z? :,ti,Ark , I HEREBY CERTIFY THAT tkitis.s toe gilt .7 rorrect copy of a aocumentOo Ma In . B co Board Minutes and Raroaa)t fapU1ar A Ain l s as my hand zrid offs�{ E�,�� . y of t` �9. '�: °, )WIG E. BROG C/ 2 • juujgi-Lclize (� 1c COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PU-3838 CEEX—2009-0009050 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SANTA BARBARA GRANADA VILLAS,LLC, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Code Enforcement Investigator Ray Addison, and is being contested by the Respondent, Santa Barbara Granada Villas, LLC, who requested the hearing, was given proper notice but did not appear at the hearing. 2. Respondent is charged with violating Ordinance No. 2005-44, Section 9, Subsection 4, in the following particulars: Putrecible waste on ground consisting of used diapers and food, paint,motor oil not containerized in front of building 201. 3. This is a repeat violation. 4. The violation has been abated as of June 1,2009. 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 guilty of violating Ordinance No.2005-44, Section 9, Subsection 4. B. Respondent shall pay a fine of$25,000.00,plus an administrative fee of$5.00 on or before July 5,2009. C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount$50.00 on or before July 5,2009. DONE AND ORDERED this 5 day of ,2009 at Collier County,Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT 441).■ I Oci$U).L - -i NDA C.GARRETS 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 and may become a lien against your real and personal property. 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. cc: Respondent—Santa Barbara Granada Villas,LLC Collier Co. Code Enforcement Dept. It awe of F LO UL A a.o`) :ounty of COWER ti HEREBY CERTIFY THATt'ltis :orrect copy of a 00c4Intem,on 111111rt ;oard Minutes and Records of Colliar t ,virN S my nano and officlnl @sl this _ day of .7ait¢. Z ti 3 GHT . BROCK, � ItK Qi*tOURTS - .. N,R — ,�,..�_.... iLesi_sk (CDf a,409 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CEPM-2009-0002388 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. AUGUSTIN DALUSMA and MARIE O.DALUSMA, Respondents, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Augustin Dalusma and Marie O. Dalusma. 2. Respondents were notified of the date of hearing by certified mail and posting, but did not appear for the public hearing. 3. The real property located at 406 2nd Street, Immokalee, Florida, Folio #74030680002, was, at the time of service of the Notice of Violation, in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Property Maintenance Code, Section 22-231, Subsections 5, 9, 10, 12b, 12c, 12i, 121, 12p, 13, 14, 19, and 20 in the following particulars: Derelict home used for prostitution and drugs with numerous Property Maintenance Violations. 4. This violation is a health, safety and welfare issue. 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: A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Property Maintenance Code, Section 22-231, Subsections 5, 9, 10, 12b, 12c, 12i, 121, 12p, 13, 14, 19, and 20. B. Respondents shall abate the violations by hiring a licensed general contractor to obtain a Collier County demolition permit to demolish the structure and obtain all required inspections and a Certificate of Completion, on or before June 10, 2009 or a fine of$250.00 per day will begin to accrue for each day the violation continues until compliance is confirmed. 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. F. Respondent is ordered to pay Operational Costs for the prosecution of this case in the amount of $118.40 on or before July 5,2009. G. Respondent shall notify the Code Enforcement Investigator, Kitchell Snow, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 541 day of4 ,2009 at Collier County,Florida. LUrt4UA ounty of COLLIER HEREBY paRlifyr,THAT thIS ISSUINISIR. COLLIER COUNTY CODE ENFORCEMENT orrect c®i y of a coclim8flt On file to SPECIAL MAGISTRATE oard Minutes and Redbras of DOIUIf NIT <_sS,nivr„tiarre'and (fic t Seal NI "_ tel - / aay of 4E. i3ROCX. .4' OF NUM rip s,: ✓' AA -. t41 41111r, ,',j y .rrwrw■=-1w B'4 1 A . 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 shall be recorded in the Public Records of Collier County and may become a lien on your real and personal property. 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: Respondents—Augustin and Marie O. Dalusma,v Collier Co. Code Enforcement Dept LALLE3,..tjAjd (2.1.1 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEAU-2009-0003065 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BAYSHORE CLUB LP,INDIANA LTD PARTNERSHIP C/O PINNACLE PROPERTIES Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Bayshore Club LP, Indiana Ltd Partnership do Pinnacle Properties. 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, but did not appear at the public hearing. 4. The real property located at 4580 Bayshore Drive, Naples, Florida, Folio #6183648008, is in violation of Florida Building Code, 2004 Edition, Chap. 1 Permits, Sect. 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(A), in the following particulars: Chain link fence in need of removal or repair, large sections of fencing missing and destroyed. 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. Respondent is found guilty of violation of Florida Building Code, 2004 Edition, Chap. 1 Permits, Sect. 105.1 and Collier County Land Development Code 04-41, as amended, Section 5.03.02(A). B. Respondent is ordered to abate the violation by repairing the fence by obtaining a Collier County building permit for the fence, inspections, and a Certificate of Completion, or removing fence and all debris, on or before June 12, 2009, or a fine of$50 per day will be imposed for each day the violation remains thereafter. C. If Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondent; and if necessary, assistance may be requested from the Collier County Sheriff's Office. D. Respondents shall notify Code Enforcement Investigator, Thomas Keegan, 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 July 5,2009. DONE AND ORDERED this Sao.day of 41,1\l/ ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ' NDA C. GARRE 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 and may become a lien on your real and personal property. 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)- Bayshore Club LP, Indiana LTD Partnership c/o Pinnacle Properties,✓ P Collier Co. Code Enforcement Dept./ OIF cuf‘jte/ 0(20Y COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM-2009-0003069 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BAYSHORE CLUB LP,INDIANA LTD PARTNERSHIP C/O PINNACLE PROPERTIES Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Bayshore Club LP, Indiana Ltd Partnership do Pinnacle Properties. 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, but did not appear at the public hearing. 4. The real property located at 4580 Bayshore Drive, Naples, Florida, Folio #6183648008, is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-243 in the following particulars: Recurring violation of numerous vacant units with unsecured doors and windows creating a health and safety hazard.. 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. Respondent is found guilty of violation of Florida Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-243. B. Respondent is ordered to abate the violation by obtaining a board permit and boarding all openings on or before June 10,2009 or a fine of$100.00 per day per unit will begin to accrue for each day the violation continues until compliance is confirmed. C. Respondent is further ordered to abate the violation by either obtaining a Collier County building permit, inspections, and a Certificate of Completion, or by obtaining a demolition permit, all required inspections and a Certificate of Completion, on or before September 5,2009, or a fine of$100 per day per unit will be imposed for each day the violation remains thereafter. D. 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. E. Respondents shall notify Code Enforcement Investigator, Thomas Keegan, within 24 hours of the abatement so that a final inspection may be performed to confirm compliance. F. Respondents are ordered to pay Operational costs for the prosecution of this case in the amount of $117.70 on or before July 5,2009. DONE AND ORDERED this day of \ANQ ,2009 at Collier County,Florida. (j; } LUrtit)A ;aunty of COLLIER COLLIER COUNTY CODE ENFORCEMENT I HEREBY CERTIFY THAT this Is $true ant► SPECIAL MAGISTRATE :orrect,Fo, xy VII document on file to :soar. ltilinutes Oiid.Records of Collier Coin* NI, Ss friv,,t4titi official eal this A-1; dayol Zst�� (` �•IC �li�ltl' T EIROlL14� °K OF COURTS : '■ NDA C. GARRE��: t ✓, • 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 and may become a lien on your real and personal property. 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)- Bayshore Club LP, Indiana LTD Partnership c/o Pinnacle Properties l/ Collier Co. Code Enforcement Dept., cAite.,,,,k„s 42,14 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. CENA—2009-0003481 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSEPH MATURA ESTATE Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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,Joseph Matura Estate, is the owner of the subject property. 2. Respondent was notified of the date of this hearing by certified mail and posting. 4. The Special Magistrate has jurisdiction of this matter and the Respondent, having received proper notice, was represented at the hearing by a beneficiary of the estate, Rachael Matura, who entered into a stipulation. 5. The real property located at 2925 Pine Tree Drive, Naples, Florida, Folio#48780120000, is in violation of Collier County Code of Laws, Chapter 54, Article VI, Sections 54-181 and 54-179, in the following particulars: Unauthorized accumulation of litter and litter declared to be a public nuisance. 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 Collier County Code of Laws, Chapter 54, Article VI, Sections 54-181 and 54-179. B. Respondent is ordered to abate the violation by removing all the unauthorized accumulation of litter from the property to an appropriate waste disposal facility on or before June 12,2009,or a fine of $100 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail to comply with this Order, the Collier County Code Enforcement Department may abate the violation. If necessary, the County may request the services of the Collier County Sheriff's Office. All costs of abatement shall be assessed against the property. D. Respondent shall notify Code Enforcement Investigator, Thomas Keegan, within 24 hours of the 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 $118.05 on or before July 5,2009. DONE AND ORDERED this f5.71TN day of JUAQ..- ,2009 at Collier County,Florida. u, LuritUl1 :Qum q} pLL1R COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE HEREBY CERTIFY THAT this Is a tl'W Ili Frrect cpvy o? ca cument on The In °card Mi`nute�' ►� cnros of Collier Cpl `\ �► 1T SS my r 'u'1iofficia seal this i �.... -/V ' ay of e, ( : P.1" IA C. GARRETSON 440 fli,„„A„.„4..4.,1 H.,/, 940 /, / '- E BRQ(1k 'pi(OF COUP 9.4. Ismonwato—ost 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 and may become a lien on your real and personal property. 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: Respondents—Joseph Matura Estate t/ p Collier Co. Code Enforcement Dept. f /aq 6:3(22/a? COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM—2009-0002094 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSE A.ORTEGA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Jose A. Ortega. 2. Respondent was notified of the date of hearing by certified mail and posting, did not appear at the hearing, but entered into a Stipulation on June 3,2009. 3. The real property located at 3085 Karen Drive,Naples,Florida,Folio#61840440209,was,at the time of service of the Notice of Violation, in violation of Collier County Code of Laws, Chapter 22, Article VI, Sec. 22-243, in the following particulars: Unsecured windows on vacant mobile home. 4. The violation has not 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 Code of Laws,Chapter 22,Article VI, Sec. 22-243. B. Respondent is ordered to abate the violation by obtaining a board permit and boarding all openings on or before June 10,2009 or a fine of$100.00 per day will begin to accrue for each day the violation continues until compliance is confirmed. C. Respondent is further ordered to abate the violation by either obtaining a Collier County building permit, inspections, and a Certificate of Completion, or by obtaining a demolition permit, all required inspections and a Certificate of Completion, on or before September 5,2009,or a fine of$100 per day will be imposed for each day the violation remains thereafter. D. 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. E. Respondent is ordered to pay Operational Costs for the prosecution of this case in the amount of $117.70 on or before July 5,2009. F. Respondent shall notify the Code Enforcement Investigator, Thomas Keegan, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED thigh day of t ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 410 4 0 : ' 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 and may become a lien on your real and personal property. 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—Jose A. Ortega et. Collier Co. Code Enforcement Dept. ./ c.A.,Lej2_6112i tc2(24? COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD—2009-0002088 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSE A. ORTEGA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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 Jose A. Ortega. 2. Respondent was notified of the date of hearing by certified mail and posting, but did not appear at the hearing. 3. The real property located at 3085 Karen Drive,Naples, Florida, Folio#61840440209, was, at the time of service of the Notice of Violation, in violation of Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Sec. 22-26(b)(104.1.3.5) and Collier County Land Development Code, 04-41, as amended, Sect. 10.02.06(B)(1)(e)and 10.02.06(B)(1)(a), in the following particulars: Two unpermitted additions to mobile home without first obtaining Collier County approval, permits, required inspections and certificate of completion. 4. The violation has not 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 Code of Laws,Chapter 22,Article II, Florida Building Code, Sec. 22-26(b)(104.1.3.5)and Collier County Land Development Code, 04-41, as amended, Sect. 10.02.06(B)(1)(e)and 10.02.06(B)(1)(a). B. Respondent is ordered to abate the violation by obtaining a Collier County building permit, inspections, and a Certificate of Completion, or by obtaining a demolition permit, all required inspections and a Certificate of Completion, on or before July 5, 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 July 5,2009. E. Respondent shall notify the Code Enforcement Investigator, Thomas Keegan, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 516_day of A/4. ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE IA C. GARRE 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 and may become a lien on your real and personal property. 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—Jose A. Ortega Collier Co. Code Enforcement Dept.✓ ,o1 arae (C)(61ta, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CEV-2009-0003564 / BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. STEPHEN T. SPAULDING AND DOREEN SPAULDING, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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, Stephen T.and Doreen Spaulding,are the owners 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. 3. Respondent, Stephen T. Spaulding, having been duly notified, appeared at the public hearing and represented his wife,Doreen Spaulding. 4. The real property located at 4589 30th Avenue SW, Naples, Florida, Folio #36000360002, is in violation of the Collier County Land Development Code 04-41, as amended, Section 4.05.03, in the following particulars: Multiple vehicles parked on grass—repeat violation. 5. The repeat 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 4.05.03. r B. Respondents must abate the violation by moving any and all vehicles from the grass and parking them on stabilized pervious or imperviously treated surfaces on or before June 10, 2009 or a fine of $50.00 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. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.61 on or before August 5,2009. E. Respondents shall notify the Code Enforcement Investigator, Carmelo Gomez,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of e. ,2009 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE IA ►1 0,1 W.h .. B'. NDA C.GARRE "F 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 and may become a lien on your real and personal property. 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: Respondents—Stephen T.and Doreen Spaulding P- , Collier Co. Code Enforcement Dept.17- „ces.j N1O COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. CELU-2009-0001878 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. REYNOLD JEAN-LOUIS AND ANNE JEAN-LOUIS, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 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, Reynold and Anne Jean-Louis, are the owners 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. Anne Jean-Louis, having been duly notified, appeared at the public hearing on behalf of herself and Reynold Jean-Louis and entered into a Stipulation. 5. The real property located at 4735 25th Ave. SW, Naples, Florida, Folio #35983720003, 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 materials on lawn, driveway and backyard 6. The violation has not 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. Respondents are found guilty of violation of the Collier County Land Development Code Ordinance 04-41, as amended, Section 02.02.03. B. Respondents must abate the violation by removing all unauthorized accumulation of material from the property, or by storing the items in a completely enclosed structure on or before June 19,2009 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail 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. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.52 on or before July 5,2009. E. Respondents shall notify the Code Enforcement Investigator, Carmelo Gomez, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of CivYNI., ,2009 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ei a kt Q . NDA —A' ' 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: 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—Reynold and Anne Jean-Louis ,/ Collier Co. Code Enforcement Dept. , 9' 0`� j4_P■tk-l-JLC_A( W4o COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11938 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 31, Section 8-1E for creating a sanitary nuisance due to urine and feces around trailer with two pigs in it. 4. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 5. While present on Respondent's property, the investigating officer from DAS observed a sanitary nuisance due to urine and feces around trailer with two pigs in it. 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 is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 8-1E and is ordered to pay a fine of$100, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this ,‘ day of Chin ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ', _+ 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 and may become a lien on your real and personal property. 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—Danielle Smith/ Domestic Animal Services Collier Co. Code Enforcement Dept./ .)tale o, FLORIDA :aunty of COLLIER HEREBY CERTIFY THAT tlifis is a Du.a sirr.cT copy of x:04 FI rflent on file lh oTN Minutes 8'tid otcolll@rCp SS mv6lano awl(Orkin seal this clay of J ;oe ' T E• BRO ' K of ,'1, �ht/ ( 2-sr-tb°/ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11937 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009,and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith,who requested a hearing,was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)healthy; 2)nourishing; 3)contributes to health;4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt, algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5,2009. DONE AND ORDERED this 5k day of 3 ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE O�.a_' A fit.►NDA C. G ' ' ‘170N 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 and may become a lien on your real and personal property. 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—Danielle Smith Domestic Animal Services / ;tale p; FiAMM Collier Co. Code Enforcement Dept. h---v :ounty of COLLIER - i a-627 I HEREBY CERTIFY THAT this' SRO :orrect copy of a document qqy flle lit, Board Minutes ankRecordidfabRidkatiltir NITN SS my hand lin fficp1 seal Ss day of Z�' T E. BROC Q�C gl4t-' RA ti& COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11936 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6,2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS),and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1) healthy; 2)nourishing; 3) contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt, algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances,2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5,2009. DONE AND ORDERED this N day of 0 VmQ ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE QiA I 0r �:'' NDA C. GARRETS• 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 and may become a lien on your real and personal property. 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—Danielle Smith Domestic Animal Services ./ .tale o, f LCitiLiA ' _o 9 Collier Co. Code Enforcement Dept.,� :ounty of COLLIER ` HEREBY CERTIFY THAT tats is a 11 orrect Copy of it modiutj@jit0p fRe In board Minutesdand gfOra f:EOnfer . ' N SS ! nanq"ani of'fi I teal this i aay.pit 1..i..�4 z W H E Og.'lrl{.aim%Tout $ 6('n.4,0/ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11935 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriffs Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3)superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)healthy; 2)nourishing; 3)contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt,algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this_ail4 day of Ir`Q ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 'i 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 and may become a lien on your real and personal property. 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—Danielle Smith ✓ Domestic Animal Services �9 Collier Co. Code Enforcement Dept. ✓ stars of FLORIDA b " =ounry of cows • .R I HEREBY CERTIFY� T ... orrect cony of a �.S ;oard Minuted a � d ."� ±JITN � Raoq��:�oljhll� ► l SS niv roan' and°MO. $eal day ct • , 7 e T BROCJ4 �' - �, 4 awns SA (0 t 240/ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11934 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office,due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1) of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford,and includes the following: 1)healthy; 2)nourishing; 3)contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt,algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250,an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this day of J 1j, . ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE O.,-.0 .. ; NDAC. GA" �'iN PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104, fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become a lien on your real and personal property. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent—Danielle Smith Domestic Animal Services ;/ State cot FLORIDA Collier Co. Code Enforcement Dept. / .:oun y of COLUER I HEREBY CERTIFY THAT t 1SSs$I Sa :orrect copy of a aocuMant oh filo to -soard Minutes and.and 914 .1 TN SS my na and i aeai aay I f T . BROM C Kat COWIN '!v �� ,`A• as �✓�' COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11933 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19,2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford,and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford,and includes the following: 1)healthy; 2) nourishing; 3)contributes to health;4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt,algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition,water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this , day of J (4/e. ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 1/4gAti A.SO ' 14 NDA C. GA' ' 11711PiN 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 and may become a lien on your real and personal property. 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—Danielle Smith r/ Domestic Animal Services ,/ State of FLORIDA Collier Co. Code Enforcement Dept. =ounty of COLLIER -1 -477 HEREBY CERTIFY THAT this is s true an. :orrect copy of a.ddcument on the In 3oard Minutes and Elecoxas &Collier N'TN SS irWhana and otnciaLteal this aayQd 3�� q • OCA 'K0 s } Uffs (0 I COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11932 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6,2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith, who requested a hearing,was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriffs Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers, the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4) highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)healthy; 2) nourishing; 3)contributes to health;4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt,algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is"good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this 44" day of CI"lMQ ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE t 1 NDA C. GA' ' niTir PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples,FL 34104, fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become a lien on your real and personal property. After three(3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent–Danielle Smith,/ Domestic Animal Services ✓ .)late of WAWA a Collier Co. Code Enforcement Dept.— 2oulny of COLLIER I HEREBY CERTIFY 1'H T f{tis -`>i en MO :orrect copy of a,docum�tHea i Board Minutes acid.Radials orCsoliti ' r my h "- and official sea4fils aay Ct )WIG : BROCJ( �.', . 4 ,acou T$ to- A A v OA z..7 (o ( 2240 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11931 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith,who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office,due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)healthy; 2)nourishing; 3) contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt, algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition,water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is "good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250,an administrative fee of$7.00 and operational costs of $50.00 on or before July 5, 2009. DONE AND ORDERED this 536N day of V UAkQ ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE B'. 'A 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 and may become a lien on your real and personal property. 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—Danielle Smith ✓ Domestic Animal Services ✓ Stare 01 FLORIDA l 9-, Collier Co. Code Enforcement Dept. ,✓ ..'OUflly of COLUEN HEREBY CERTIFY Ma Mb UMW :orrect copy of a aocument on tie In aoard Minutes pfd Re iiri .pi Collier NITNESS my ham.and pfffcI4 seal this l8lAaay of • to )W H E. BRpCX. of comas -44Litifrf ( Z24 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. —DAS-11930 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT I. This case was first heard on March 6,2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS),and it was contested by the Respondent, Danielle Smith, who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19,2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3) superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1) healthy; 2) nourishing; 3)contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt, algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with"good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is "good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances, 2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5,2009. DONE AND ORDERED this 541^ day of Q ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE '4 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 and may become a lien on your real and personal property. 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—Danielle Smith r/ /4 Domestic Animal Services ,/ state 0; FtOh"tll)N 9 Collier Co. Code Enforcement Dept. ✓ %ounry Of COLLIER I HEREBY CERTIFY a ..�, :orreCt CODy Of a ��'�� um nt on the Iq Soar i Minutes and;Rscores,of collier r�S SS my nan 8rW official this day of 3 ,GH E. BROCK(, RIB°P{ jns A Adel OA � [z 0-9 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11929 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIELLE SMITH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 5, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters and having reviewed the legal memoranda submitted by the parties, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT l. This case was first heard on March 6, 2009, and the Special Magistrate took the case under advisement. The parties were directed to submit legal memoranda to make legal argument regarding the definition of"good and wholesome water." 2. The original citation was issued by Animal Control Officer Peter Hinkley from the Collier County Domestic Animal Services Department(DAS), and it was contested by the Respondent, Danielle Smith,who requested a hearing, was given proper notice, and appeared at the public hearing represented by her attorney, Gary W. Gramer. 3. Respondent is charged with violation of the Collier County Code of Laws and Ordinances, 2008- 51, Section 9-E, for depriving any animal of good and wholesome water. 4. Respondent has not been charged with depriving an animal of good and wholesome food and such is not an issue in this case. 5. On December 19, 2008, Officer Hinkley was lawfully present on Respondent's property, in conjunction with deputies from the Collier County Sheriff's Office, due to reports that emus owned by the Respondent had escaped from Respondent's property and were running loose. 6. While present on Respondent's property, the investigating officer from DAS observed, in plain view, water that was provided for animals in cages on the property and determined that the water did not meet the standard of"good and wholesome"as required by the ordinance. 7. Photographs were taken by DAS and entered into evidence showing the status of the water that was made available to the animals on the date the citation was issued. The photographs reflected that the water was contaminated with inorganic matter such as dirt and organic matter such as algae. 8. Sworn testimony was presented by the Respondent and a witness on her behalf that the water was replenished daily, but had been restricted on the day the citation was issued due to the worming. 9. Additionally Respondent testified that some of the animals, such as chickens, kicked dirt into the water containers on a regular basis and that the emus regularly had the habit of playing and sitting in some of the water containers. 10. Respondent further testified that feces from the emus had been transferred to the water while the emus were sitting in the water containers. 11. Photographs introduced by DAS showed foreign matter floating in the water and attached to the sides of the containers made available for the animals and in which the water was kept. In some of the containers,the interiors were blackened by organic matter. 12. Photographs introduced by the Respondent of the same containers as referenced in Paragraph 11 above were taken after the citation was entered and at a later date than the DAS photographs. Respondent's photographs indicated that a change had been effected in several of the containers at some time after December 19, 2008. 13. Respondent also proffered for introduction into evidence a variety of ribbons from the Collier County Fair, which were considered by the Special Magistrate. Respondent testified that some of the ribbons were for awards given to the animals in 2007, which are too remote in time to be relevant. Some were for awards that were given at least a month after the date of the citation, which is after the fact and therefore irrelevant. Additionally, there was no causal connection made between the ribbons and the issue of whether good and wholesome water was provided for the animals. 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. The definition of"good"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)of a high standard; 2) high quality; 3)superior; excellent; 4)highly beneficial and 5)having desirable qualities. B. The definition of"wholesome"that is relevant to the facts of this case is taken from several dictionaries, including Webster's and the Oxford, and includes the following: 1)healthy; 2) nourishing; 3)contributes to health; 4) promoting well-being and 5) nutritious. C. Testimonial evidence that the water contained contaminants such as dirt, algae and feces was sufficient to substantiate the allegations of the citation that the animals kept on Respondent's property were not provided with "good and wholesome water." By definition, water containing such contaminants does not conform to the above common definitions of"good and wholesome." D. Collier County Code of Laws and Ordinances, 2008-51, Section 9-E contains no requirement that water samples be taken in order to determine if water provided to animals is "good and wholesome." E. A violation occurs when water provided to animals is not"good and wholesome." The ordinance does not require that the County prove resulting harm to the animals. F. Respondent is found in violation of Collier County Code of Laws and Ordinances,2008-51, Section 9-E and is ordered to pay a fine of$250, an administrative fee of$7.00 and operational costs of $50.00 on or before July 5,2009. DONE AND ORDERED this day of UtANE_, ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NIIIIA ' _ DA C. ARRE 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 and may become a lien on your real and personal property. 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—Danielle Smith V Domestic Animal Services ✓ Stapp FLARIUA Collier Co. Code Enforcement Dept. / zanily of COWER I HEREBY CERTOY T That* ttu!aa :orrect copy ota aoctiment on file In. 3oard Minutes end.Ramos Of dottier Copp ,V N SS my aana and official WI this aay of H E. BROC; , • OF COURTS ?v. �� lit ' R ✓ COI L W.R COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—SO- 165953 CEEX—2009-0008498 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. KEVIN R.BORDERS, Respondent. ORDER OF TAE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009, 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, Kevin R. Borders, who has requested the hearing, was given proper notice, and appeared at the public hearing. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances, Section 130- 66,for parking in an unlawful area. 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$30.00 and an administrative fee of$5.00 on or before July 19, 2009. C. Respondent shall pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before July 19,2009. DONE AND ORDERED this 19,d day o ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 'I NDAC.G• " ' ' 1N 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 and may become a lien against your real and personal property. 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 will not automatically stay the Special Magistrate's Order. cc: Respondents—Kevin R.Borders,/ L-09 Collier Co. Sheriff Dept.✓ Collier Co.Code Enforcement Dept. Stale a: F LOirUM ,:ounty of COLLIER I HEREBY CERTIFY THAT flits Is a true an :orrect cosy or -, ant on file in Board Minute 4S�"►T r, .T � of Collier Count, AlitwSS i '�° ai seal this clot sjog*t.,,... 3-y GHT Or4itic CLERK gF COURTS Am ma. �?' tw +. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—097712 CEEX—2009-0007756 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROBERT MURPHY, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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 Sheriffs Deputy Corporal Thomas, and is being contested by the Respondent, Robert Murphy, 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,for parking on/in swale. 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$30.00 and an administrative fee of$5.00 on or before July 19, 2009. C. Respondent shall pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before July 19,2009. DONE AND ORDERED this ` 1i ,day of AVV�t ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PO. i 1I 04iritaii i '1 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 and may become a lien against your real and personal property. 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: Respondents—Robert Murphy,7 la Collier Co. Sheriff Dept.ti 6 ill ,01 Collier Co. Code Enforcement Dept. ..../- state o1 FLORIL A Loumy of COLLIER I HEREBY CERTIFY THAT this Is a true anll :effect copy OA xtreqii lnt on-file in Board Mintttes'art0 f' _ is of Cot1ter Coe* `NI IES *tv h o ?t: Nisi seal this r f. F' • ; CLERK 3F COURT dip COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11570 CEEX-2009-0008271 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SUSAN FOWLER FEINSTOCK, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters, reviewed all relevant Affidavits and Exhibits from both sides, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. The citation was issued by Domestic Animal Services' Officer Jorge Araujo, and it is being contested by the Respondent, Susan Fowler Feinstock, who requested the hearing, was given proper notice,appeared at the public hearing and was represented by Colleen McAlister, Esq. 2. Respondent is charged with violating Ordinance 2008-51, Section 8(1)(B)of the Collier County Code of Laws and Ordinances. 3. The elements that the County was required to prove were a)the dog was allowed to run at large and b) in or upon any public street, road, sidewalk or other public place. 4. The first element of the charge was met when Respondent testified that her dog was unleashed in her open garage, waiting to be loaded into her vehicle when he ran from the garage to the end of the driveway, around two young girls who were next to Respondent's mailbox. 5. The second element of the charge was met when Respondent testified that her dog ran around the two girls at the mailbox,which was at the edge of the street,taking him into the street. 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 violating Ordinance 2008-51, Section 8(1)(B)of the Collier County Code of Laws and Ordinances. B. Respondent shall pay a civil fine of$100.00, an administrative fee of$7.00 and operational costs of$50.00 on or before July 19, 2009. DONE AND ORDERED this PA" day of J Lk ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE di'Li , 4sari t . NDAC. G• " ' -- 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 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—Susan Fowler Feinstock✓" tot Domestic Animal Services v Collier Co. Code Enforcement Dept. ✓ b .9-g1aY Stara cm FLOikliM Courny of COWER I HEREBY CERTIFY THAT this Is a true as correct copy of a document on file in Board Minutet ificiftweas of Collier County F.SS`nur ha .+ �lc1al seat this d ►of t6 1 Milt F 4#`t tLERIt OF COURTS, 1::! / OG. _' � L L ji f COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS-11571 CEEX-2009-0008269 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SUSAN FOWLER FEINSTOCK, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19, 2009, and the Special Magistrate, having heard argument respective to all appropriate matters, reviewed all relevant Affidavits and Exhibits from both sides, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: • FINDINGS OF FACT 1. The citation was issued by Domestic Animal Services' Officer Jorge Araujo, and it is being contested by the Respondent, Susan Fowler Feinstock,who requested the hearing,was given proper notice, appeared at the public hearing and was represented by Colleen McAlister, Esq. 2. Respondent is charged with violating Ordinance 2008-51, Section 8(1)(G)of the Collier County Code of Laws and Ordinances by allowing a dog to snap, growl, snarl,jump upon, or otherwise threaten persons lawfully using any road right-of-way. 3. The elements that the County was required to prove were a)the dog was allowed to snap,growl, snarl,jump upon or otherwise threaten and b)persons who were lawfully in a road right-of-way. 4. The first element of the charge was met when Respondent testified that her unleashed dog ran from the garage to the end of the driveway and around two young girls who were next to Respondent's mailbox. The girls' affidavits indicate that they felt threatened by this action of the dog. 5. The second element of the charge was met when Respondent testified that her dog ran around the two girls at the mailbox, which was at the edge of the street,taking him into the street which is a road right-of-way. 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 violating Ordinance 2008-51, Section 8(1)(G)of the Collier County Code of Laws and Ordinances. B. Respondent shall pay a civil fine of$100.00, an administrative fee of$7.00 and operational costs of$50.00 on or before July 19, 2009. DONE AND ORDERED this I9 *day of ..W . ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE OkJ Art., B'. NDA C. GARRE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples,FL 34104, fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid,the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency,the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent—Susan Fowler Feinstock v Domestic Animal Services -7 Collier Co. Code Enforcement Dept. State co Fi.Oilli A Zoungr of COLLIER 1 HEREBY CERTIFY THAT this is a true and correct copy ofaa datufwnt on file in Board Minute and".CZ=iloeng of Collier Counts WM41, ESS it ha 7e1� f rut al seal this ...� d ►of Lull 9 ;WIGHT E. B$WC CLERKOF COURTS; wi.••!� 0-.R. 0 , COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PR-000643 CEEX—2009-0005022 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NANETTE LEE BOKSHA, Respondent. J ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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,Nanette Lee Boksha,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 Ordinance 76-48, Section 246-28(BX4), for possession of alcohol in Vanderbilt Beach Park. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent is guilty of violating Collier County Ordinance 76-48, Section 246-28(BX4). B. Respondent shall pay a fine of$150.00 and an administrative fee of$5.00 on or before July 19, 2009. C. Respondent shall pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before July 19,2009. DONE AND ORDERED this tq4N,day of v1"4- ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • 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 and may become a lien against your real and personal property. 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 will not automatically stay the Special Magistrate's Order. cc: Respondents—Nanette Lee Bokshai/ A Collier Co.Parks and Recreation,/ ,'1 Collier Co.Code Enforcement Dept.,/ Stars or Ft,Ok1UA Corny of COWER I HEREBY CERT,IFN TWO this is a true an lorrect=men eocU?niiuT on fide In Board Minutes'ang Collier County WITNESS.ynw c �la 1 sear this __ ! dal o1 , '� ' G T�r �k.CLERICOF COURTS I! • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PR-000645 CEEX—2009-0005024 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MYRON DAVID BOKSHA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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, Myron David Boksha, 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 Ordinance 76-48, Section 246-28(B)(4), for possession of alcohol in Vanderbilt Beach Park. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: A. Respondent is guilty of violating Collier County Ordinance 76-48, Section 246-28(B)(4). B. Respondent shall pay a fine of$150.00 and an administrative fee of$5.00 on or before July 19, 2009. C. Respondent shall pay the Operational Costs incurred in investigating this case in the amount of $50 00 on or before July 19,2009. DONE AND ORDERED this day of J ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ►_ „r kkL.:L NDA C.GARRE SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax #(239)403-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become a lien against your real and personal property. After three(3)months from the filing of any such lien or civil claim which remains unpaid, the Special Magistrate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondents—Myron David Boksha v Collier Co.Parks and Recreation Collier Co.Code Enforcement Dept.✓ State co f LO}tttiA ;ounty of COLLIER I HEREBY CERTI `.1LUA1/$ I5 Is a true ane :orrect copy it a (1 , �n 49 file in Board Mint s and c a3s-uP_Coliier Counbr WITNESS eiv h4no l;ficlat,seal this I st- da¢'of ail ►20o9. ..,_ )WIGHT L PIROC,CLERK OF COURTS 3� . COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD-2008-0011687 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CANDELARIO RODRIGUEZ, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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 Candelario Rodriguez. 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, but did not appear at the public hearing having entered into a Stipulation. 4. The real property located at 2269 50th Terrace SW, Naples, Florida, Folio #36314520004, is in violation of Collier County Land Development Code 2004-41,as amended, Section 10.02.06(BX1XA), in the following particulars: Alteration to the lanai screen enclosure and addition of a roof hangover/storage with no permits. 5. This violation has not been abated prior to the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ord.No.07-44, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 2004-41, as amended, Section 10.02.06(BX1XA). B. Respondent is ordered to abate the violation by obtaining a Collier County building permit for all improvements and alterations to the property, inspections, and a Certificate of Completion, or by removing the unpermitted improvements by obtaining a demolition permit, obtaining all required inspections and a Certificate of Completion, on or before October 19, 2009, or a fine of$200 per day will be imposed for each day the violation remains thereafter. C. If Respondent has not complied by the deadline, the County is authorized to abate the violation by contractor bid-out and assess the costs to the Respondent; and if necessary, assistance may be requested from the Collier County Sheriff's Office. D. Respondents shall notify Code Enforcement Investigator, Renald Paul, 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 $117.70 on or before July 19,2009. DONE AND ORDERED this 1941Aday of 4AkA ,2009 at Collier County,Florida. kV* 01 F LCKiuA Aunty at COWER HEREBY CERTIFY/THAT this Is a true ants COLLIER COUNTY CODE ENFORCEMENT :erred Copy°ot ;s:ocu rent,on fife in SPECIAL MAGISTRATE board Minutes and L;,'Y yo$ at Cotlier County KI'itI1ESS€riV ha'ic -;„qtiai seal this *& & Gait... . MIGHT E. 'MK. LERK OF COURT NDA C.G • ''�'i N 11 A Allawr • 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 and may become a lien on your real and personal property. 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)- Candelario Rodriguez r} 7 Collier Co.Code Enforcement Dept COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV-2009-0001146 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. JUAN L.GRANDE and MERCEDES BOLIGAN, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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,Juan L.Grande and Mercedes Boligan,are the owners of the subject property. 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 having been duly notified,appeared at the public hearing,representing his wife,Mercedes Boligan,and entered into a Stipulation. 4. The real property located at 1961 51st Street SW,Naples,Florida,Folio#36244240001, is in violation of the Collier County Land Development Code 04-41, as amended, Section 2.01.00(A),in the following particulars: Unlicensed/inoperable vehicle parked/stored on residential area. 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: 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 current registration, by storing the vehicles in a completely enclosed structure, or by removing the vehicles from the property on or before June 29, 2009 or a fine of$50.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail 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. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.70 on or before July 19,2009. E. 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 \o 41lay of OtA V4_ ,2009 at Naples,Collier County,Florida. 41.101 01 Fi.O(tti)A ;ounty of COLLIER COLLIER COUNTY CODE ENFORCEMENT 1 HEREBY,CERTIFY TH thus is a true ono. SPECIAL MAGISTRATE :orrect cony of a cocumeas on fire in Board Mihute3 and fitc sroSof Collier Counter D I Y,T ES5 fnfrita „r" sfl al seal this day of d 9j3,itri . WIGHT E.BROOK,Cl ERK OF COURTS NDA C.GARRET SON 1.M /1401/ ' ._ 4+�..►' PAYME +rT: FINES: Any fines ordered to be paid pursuant t o 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 and may become a lien on your real and personal property. 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: Respondents—Juan L.Grande&Mercedes Boligan A Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV-2008-0016915 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. KENNETH W.LIPKA, Respondent. ORDER OF TILE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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,Kenneth W.Lipka, is the owner of the subject property. 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 having been duly notified,did not appear at the public hearing. 4. The real property located at 2675 43rd Ave.NE,Naples,Florida,Folio#39836600001, is in violation of the Collier County Land Development Code 04-41,as amended, Section 2.01.00(A), in the following particulars: Unlicensed/inoperable vehicle parked/stored on residential area. 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: A. Respondent is found guilty of violation of the Collier County Land Development Code, 04-41 as amended, Section 2.01.00(A). B. Respondent must abate the violation by obtaining and affixing a current valid license plate for each vehicle and/or repairing defects to the vehicles to be operable, by storing the vehicles in a completely enclosed structure,or by removing the vehicles from the property on or before June 24,2009 or a fine of$50.00 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 $117.87 on or before July 19,2009. E. Respondent shall notify the Code Enforcement Investigator, Ralph Bosa, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this I day of .l v►eNQ ,2009 at Naples,Collier County,Florida. state al FLORIDA ,unly of COWER COLLIER COUNTY CODE ENFORCEMENT I HEREBY CERTIFY Mathis is a true an. SPECIAL MAGISTRATE ;orrect copy of a'dtxument on file in Hoard Minutes and l , cc' s of Cafes County *MESS ESS my hand rr. j ; ciat seal this 14 Clay O DWIGHT E. BR• .CLERK OF COURTS NDA C.G . . N e. . . ...L,., 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 and may become a lien on your real and personal property. 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: Respondents—Kenneth W. Lipka 4" t Collier Co. Code Enforcement Dept. ✓ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA-2008-0007656 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NAPLES CUSTOM PROPERTIES,LLC, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19, 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. Notice was given that a public nuisance existed at property owned by the Respondent and Respondent failed to abate the nuisance, described as an accumulation of litter. 2. The County was required to abate the nuisance on Respondent's behalf and the County incurred a cost of$405.00 for such abatement. 3. An Order Imposing Lien in the amount of the costs of abatement was entered by the Special Magistrate on May 1, 2009. 4. Respondent requested a hearing which was set for this date. Respondent received notice for this hearing,appeared and presented testimony of mitigating circumstances regarding the abatement. 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. The costs of the nuisance abatement done by the County on Respondent's behalf remains due and owing in the amount of$405.00. B. Respondent is also ordered to pay an administrative cost of$100.00. These costs are reduced from the $200.00 originally assessed on May 1, 2009 due to confusion regarding dates of compliance which were no fault of the Respondent. C. The total amount assessed of $225.00 is a legal, valid and binding obligation against the Respondent's property until paid. D. All other provisions of the previous Order Imposing Lien entered on May 1, 2009 shall remain in full force and effect, with the provisio that all time deadlines within the May I Order shall be extended to begin on the 19`h day of June, 2009. DONE AND ORDERED this___ day of JINNI. ,2009 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 1 at' NDA C. GA' 441 4 ON cc: Respondent(s)— Naples Custom Properties, LLC PCollier Co. Code Enforcement Dept./ state of F t.O t tiA %Courtly of COLLIER I HEREBY;turf TWIT this Is a true and +:orrectc►Y gf"edgcuint on file in Boar4.1Nlmttes and Ri.,•,,fies of Collier Coun* Alr� ss my ham! ;_ tidal seal this __1 day alt 1,012144.2.t.41_r WWIGHT E..6',•CA CLERK OF COURTS vv. Y A11146:7- COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM-2009-0010098 I BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. TIMOTHY GROSSI and ALISA GROSSI, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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,Timothy and Alisa Grossi,are the owners of the subject property. 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 having been duly notified,did not appear at the public hearing. 4. The real property located at 3030 Renaissance Ct.,Naples, Florida,Folio#29734001149, is in violation of the Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231, Subs. 1 and 2, in the following particulars: Dwelling being occupied without being connected to approved water and sewer system. 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: A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231, Subs. 1 and 2. B. Respondents must abate the violation by restoring the water to the property to an approved water F 1 sewer system or vacate the premises on or before June 22, 2009 or a fine of$500.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail 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. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.70 on or before July 19,2009. E. Respondents shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 19 day of ()UM. ,2009 at Naples,Collier County,Florida. �tals o. F ;aunty of COLLIER COLLIER COUNTY CODE ENFORCEMENT I HEREBY CERTIFY THAT this Is a true and SPECIAL MAGISTRATE :orrectcopyora aocumpnt on file in Board Minutes arc/' t,,thas of Collier Count) '+NESS env h' �a;I ;ficial seal this _... _: day of c ,x 209 n OWlGHT Es BROC ,;CLERK OF COURTS; REND A f 6 ON t eta fi 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 and may become a lien on your real and personal property. 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 tc c;btain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondents—Timothy and Alisa Grossi Collier Co. Code Enforcement Dept. 0 9 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM 2009-0010301 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. TIRSO CAREAGA and MARTHA MEJICANOS, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19,2009,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,Tirso Careaga and Martha Mejicanos,are the owners of the subject property. 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 having been duly notified,appeared at the public hearing. 4. The real property located at 2184 45th Street SW,Naples,Florida,Folio#35773640005, is in violation of the Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231, Subs. 1 and 2,in the following particulars: Dwelling being occupied without being connected to approved water and sewer system. 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: A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231, Subs. 1 and 2. B. Respondents must abate the violation by restoring the water to the property to an approved water and sewer system or vacate the premises on or before June 23,2009 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. If Respondents fail 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. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $117.70 on or before September 19,2009. E. Respondents shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this r01.-day of 1.11NQ. ,2009 at Naples,Collier County,Florida. ta.Us of f LOktUA y.ounty of COLLIER COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I HEREBY CERTIFY THATthts Is a true ono 'correct copy of a ttocu ent ors fife In Board Minutes nod R. 'oros of Collier Count) Wt1T LESS►nw barn ; c`f'cia► seal this ,�, .1-4),..1- day of J`'IL1, 23 r E. BROOK,CLERK OF COURTS± NDA C. G ON tiN A r. 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 and may become a lien on your real and personal property. 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. pt cc: Respondents–Tirso Careaga and Martha Mejicanos — Collier Co. Code Enforcement Dept COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA-2008-0007654 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NAPLES CUSTOM PROPERTIES,LLC, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 19, 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. Notice was given that a public nuisance existed at property owned by the Respondent and Respondent failed to abate the nuisance, described as weed overgrowth and prohibited accumulation of non-protected mowable vegetation. 2. The County was required to abate the nuisance on Respondent's behalf and the County incurred a cost of$125.00 for such abatement. 3. An Order Imposing Lien in the amount of the costs of abatement was entered by the Special Magistrate on May 1,2009. 4. Respondent requested a hearing which was set for this date. Respondent received notice for this hearing, appeared and presented testimony of mitigating circumstances regarding the abatement. 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. The costs of the nuisance abatement done by the County on Respondent's behalf remains due and owing in the amount of$125.00. B. Respondent is also ordered to pay an administrative cost of$100.00. These costs are reduced from the $200.00 originally assessed on May 1, 2009 due to confusion regarding dates of compliance which were no fault of the Respondent. C. The total amount assessed of $225.00 is a legal, valid and binding obligation against the Respondent's property until paid. D. All other provisions of the previous Order Imposing Lien entered on May 1, 2009 shall remain in full force and effect, with the provisio that all time deadlines within the May I Order shall be extended to begin on the 19`h day of June, 2009. DONE AND ORDERED this SCi41,1 day of Lht ,2009 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE oku.ad Cw NDAw . GARRETSON cc: Respondent(s)— Naples Custom Properties, LLC i/ j1 Collier Co. Code Enforcement Dept. / (` staxe o, FLORI A county of COLLIER I HEREBY CERT YTHAT this Is a true and :orrect do0 of.a (1.3f-:,.'.49ent on file in Board Minutes r#,5L. of Collier Count, NITNESt ray hallo official seal this ,."clay of u19 , 24p1 4MViOHT E. : • a K,CLRK OF COURTS iY fir.- .1441w A �► if v COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.CENA—2008-0013972 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BRUNO PENZO, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION TO RESCIND THIS CAUSE came on before the Special Magistrate on June 19, 2009 on Petitioner's Motion to Rescind, and the Special Magistrate, having reviewed the motion and file, and having been otherwise fully advised in the premises, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On April 17, 2009, the Code Enforcement Director ordered the abatement of a certain nuisance existing on the real property described as Myrtle Cove Acres, Blk D, Lot 9, OR 1931 PG 2226, Folio #60783280006. 2. The above property is owned by the Respondent,Bruno Penzo,who failed to abate the nuisance of weed overgrowth and prohibited accumulation of non-protected mowable vegetation. 3. The County was required to abate the nuisance on Respondents' behalf and the County incurred a cost of$580.00 for such abatement. 4. An Order Imposing Lien in the amount of the costs of abatement was entered by the Special Magistrate on April 17,2009.(A copy of the Order is recorded at OR 4451,PG 2079). 5. The Order dated April 17,2009 was entered in error. 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. Petitioner's Motion to Rescind is granted and the Order entered in this case on April 17,2009 is hereby rescinded,shall no longer be in force and shall have no further effect. DONE AND ORDERED this day of (NY\Q ,2009 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE •L .'4L' a B I F NDA C.GARRET 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 will be recorded in the Public Records of Collier County and may become a lien on your real and personal property. 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(s)-Bruno Penzo V pi Collier Co.Code Enforcement Dept. L ata'e o F LO MA ;.ounty of COLLIER I HEREBY CE T¢f*TEAT tats Is a true ana :orrect cr uy'o,. �± f. ;t ton file in Soard Mitites ft',,,org.of Collier Coster NIrNESS riiv`� r."a os �;�+i aI seal this .,.,1 (jay Of 14,2009:; DWIGHT BROU(, CLERK OF COURTS