CESM Orders 12/2009 COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. CESD-2008-0015162
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ROSALIO AGUAYO and JUANITA AGUAYO
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on before the Special Magistrate upon Respondent's Motion for Extension of
Time to Comply, and the Special Magistrate, having reviewed the Motion, all associated documents and
heard argument respective to all appropriate matters, issues the following Order:
FINDINGS OF FACT
1. On September 18, 2009, Respondents were found guilty of violation of the Collier County Code
of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, Adoption
and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5), for construction/remodeling
being done to shed on property without permits, which violation occurred on the property located at 516
Palmetto Avenue,Immokalee,FL,Folio#65070520005.
2. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before November 18,2009,or a fine of$200.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed.
3. On November 12,2009, Respondent filed a Request/Motion for Extension of Time to Comply
which is attached hereto as Exhibit A.
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. Respondents' Request/Motion for Extension of Time to Comply is granted.
B. The time for which Respondent is to comply has been extended until March 4,2010.
C. No fines shall accrue during the extension period.
DONE AND ORDERED this day of 1) • , 2009 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
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DA C. GA'R . 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.
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—Rosalio and Juanita Aguayo i/4. Collier Co. Code Enforcement Dept.
1 -, 0 7
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!aunty of COLLIER
I HEREBY CERTIFY T'rIAT this Is a tme anO
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM-2009-0008288
/
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MICHAEL DE WITT,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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,Michael De Witt,is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the hearing having entered into a
Stipulation.
4. The real property located at 1072 Granada Blvd., Naples, Florida, Folio #63405280006, is in
violation of Collier County Code of Laws&Ordinances, Chapter 22 Buildings and Building Regulations,
Article VI Property Maintenance Code,Section 22-231, 12(c) and 22-231(12)(d), in the following
particulars:
Missing soffits from roof, also some of the windows are boarded up not allowing proper ingress
and egress from the structure.
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 Collier County Code of Laws & Ordinances, Chapter
22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231, 12(c)
and 22-231(12Xd).
B. Respondent is ordered to abate the violation by repairing all damages noted on the property
maintenance checklist on or before December 18, 2009 or a fine of$200.00 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
$112.29 on or before January 4,2010.
E. Respondent shall notify the Code Enforcement Investigator, Jonathan Musse, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED thisMQ, day of lh ,2009 at Naples,Collier
County,Florida.
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DttiRy Of COW ER ,, _ , COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
I HEREBY CERTIFY 'THAT t fists eat
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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)252-
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.
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—Michael De Witt
et Collier Co. Code Enforcement Dept.,/
a-10 '27
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA-2009-0015945
/
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DANIEL GUERRERO,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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, Daniel Guerrero, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the hearing having entered into a
Stipulation.
4. The real property located at 3240 Caledonia Avenue, Naples, Florida, Folio #61780440000, is in
violation of Collier County Code of Laws, Chapter 54, Article VI, Sections 54-179 and 54-181, in the
following particulars:
Litter consisting of but not limited to pile of dead vegetation and construction debris on
residential zoned property.
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 Collier County Code of Laws, Chapter 54, Article VI,
Sections 54-179 and 54-181.
B. Respondent is ordered to abate the violation by removing all litter/debris which is not contained
within the proper containers or receptacle provided for the control of litter on or before December 11,
2009 or a fine of$100.00 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
$112.36 on or before January 4,2010.
E. Respondent shall notify the Code Enforcement Investigator, Tom Keegan, within 24 hours of
abatement or compliance so that a fmal inspection may be performed to confirm compliance.
DONE AND ORDERED this A __, day of r ,2009 at Naples,Collier
County,Florida.
:cum of COWS - ;., ` COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
HEREBY CERTIfk THAT this ue"US MO '
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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)252-
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.
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—Daniel Guerrero !/
Collier Co. Code Enforcement Dept.,
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM-2009-0005155
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ANDREW MILLER and LAUREN GILBERT,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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,Andrew Miller and Lauren Gilbert,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. Respondents,having been duly notified,did not appear at the hearing.
4. The real property located at 2063 Morning Sun Lane, Naples, Florida, Folio #49660104585, is in
violation of Collier County Code of Laws&Ordinances,Chapter 22 Buildings and Building Regulations,
Article VI Property Maintenance, Section 22-231(15),in the following particulars:
Private swimming pool not maintained containing green, polluted, algae filled water. Conducive
to insect infestation.
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 & Ordinances,
Chapter 22 Buildings and Building Regulations,Article VI Property Maintenance, Section 22-231(15).
B. Respondents are ordered to abate the violation by chemically treating the pool water and kill the
algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly
treatment or by chemically treating the pool water killing the algae growth and covering the pool, using
HUD standards, preventing the intrusion of rain water on or before December 14, 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
$112.29 on or before January 4,2010.
E. Respondents shall notify the Code Enforcement Investigator, Ron Martindale, within 24 hours of
abatement or compliance so that a final inspection may be performed to conform compliance.
DONE AND ORDERED this 413a_day of C ,2009 at Naples,Collier
County,Florida.
Zounty of COWER
COLLIER COUNTY CODE ENFORCEMENT
I HEREBY CE Rt FY TH i ens'ES A MIMS SPECIAL MAGISTRATE
;orrect cocy or a ors ,rnent on Me in
Board Minut. ‘r... + • ns 0 cater COWL
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WIGHT E. BROCA,CLERK OF COURTS
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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)252-
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.
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—Andrew Miller and Lauren Gilbert ,/
(r Collier Co. Code Enforcement Dept.V
,)6. 01
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM-2009-0011797
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
PAUL CHRISTOPHER and LINDA CHRISTOPHER,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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,Paul and Linda Christopher,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. Respondents,having been duly notified,did not appear at the hearing.
4. The real property located at 14647 Indigo Lakes Circle,Naples,Florida, Folio#51978032049, is in
violation of Collier County Code of Laws&Ordinances, Chapter 22 Buildings and Building Regulations,
Article VI Property Maintenance Code, Section 22-231(15), in the following particulars:
Failure to maintain private swimming pool.
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 & Ordinances,
Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-
231(15).
B. Respondents are ordered to abate the violation by chemically treating the pool water and kill the
algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly
treatment or by chemically treating the pool water killing the algae growth and covering the pool, using
HUD standard, preventing the intrusion of rain water on or before December 14, 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
$112.23 on or before January 4,2010.
E. Respondents shall notify the Code Enforcement Investigator, Ron Martindale, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this li_l_day of C /b4r ,2009 at Naples,Collier
County,Florida.
:aunty of COLt , ~ COLLIER COUNTY CODE ENFORCEMENT
I HEREBY CERTIFY II—ATMs t3 a WOW SPECIAL MAGISTRATE
;orreCt cocY of a r oc.'ncnt on flte In
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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)252-
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.
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—Paul and Linda Christopher,/
gCollier Co. Code Enforcement Dept.✓
A 10 . 07
i9-
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD-2009-0005170
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JAY DEE STATON,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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, Jay Dee Staton, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, appeared at the hearing.
4. The real property located at 1134 Milano Drive, Naples, Florida, Folio #73830920002, is in
violation of Collier County Land Development Code 2004-41, as amended, Section(s) 10.02.06(B)(1)(a),
10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) in the following particulars:
Permit #2001051852 for a "Convenience Permit — shingle re-roof' that was issued on 5-21-
01 and expired on 11-17-01. Certificate of completion has not been obtained.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code 2004-41, as
amended, Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(I)(e), and 10.02.06(B)(1)(e)(i).
B. Respondent must abate the violation by obtaining a Collier County Building Permit for any
construction additions or remodeling and all required inspections and Certificate of
Occupancy/Completion or by obtaining a Collier County Demolition Permit to remove any said illegal
construction additions and all required inspections and Certificate of Completion on or before January
4,2010 or a fine of$100.00 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. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.42 on or before January 4,2010.
E. Respondent shall notify the Code Enforcement Investigator, Jonathan Musse. within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this day of ,2009 at Naples,Collier
County,Florida.
Stead -
,:
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CESD-2009-0010025
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JAMES BIRD
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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,James Bird,is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent,having been duly notified,appeared at the hearing and entered into a Stipulation.
4. The real property located at 1420 Santa Rosa Avenue, Immokalee, Florida, Folio#32680280001,
is in violation of Collier County Code of Laws & Ord., Chapter 22 Buildings and Building Regulations,
Article II,Florida Building Code, Section 22-26(b)(104.1.3.5X106.1.2)in the following particulars:
Shed in rear of property missing window/broken window. Two windows and a door are boarded
from the inside out. Main house has been reroofed with metal roof over roll. Permit was issued 12/02/98.
Not Co'd.
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 Collier County Code of Laws & Ord., Chapter 22
Buildings and Building Regulations, Article II, Florida Building Code, Section 22-
26(b)(104.1.3.5X 106.1.2).
B. Respondent must abate the violation by obtaining a Collier County Building Permit and all
required inspections and Certificate of Occupancy/Completion or by obtaining a Collier County
Demolition Permit and all required inspections and Certificate of Completion on or before June 4, 2010
or a fine of$150.00 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
$112.56 on or before January 4, 2010.
E. Respondents shall notify the Code Enforcement Investigator, Weldon Walker, Jr., within 24 hours
of abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this 41,, day of b!t1/4.0"-ICkr , 2009 at Naples, Collier
County,Florida.
thili
:aunty of COWER ; , COLLIER COUNTY CODE ENFORCEMENT
I HEREBY CEIa`TI1rY 114 Oil SPECIAL MAGISTRATE the
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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) 252-
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.
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—James Bird✓
Collier Co. Code Enforcement Dept.,/
/� -10 - °7
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEPM-2008-0006103
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
BERTHA A.HALL,ET AL,
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on December 4, 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,Bertha A. Hall,et al.,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. Respondents, having been duly notified, were represented by George McKinney, who did not
appear at the hearing having entered into a Stipulation.
4. The real property located at 103 Eustis Street, Immokalee, Florida, Folio #56402800001, is in
violation of Collier County Code of Laws &Ordinances, Chapter 22 Buildings and Building Regulations,
Article VI Property Maintenance, Section 22-231, 12(a)(b)(cxf)(i)(p), in the following particulars:
Broken/cracked windows; unsafe porch/stairs/railings; Roof damage/sloping/leaking; Floor sunk
in; Building shifting/leaning.
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 & Ordinances,
Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance, Section 22-231,
12(a)(b)(c)(f)(i)(p).
B. Respondents are ordered to abate the violation by hiring a general contractor licensed in Collier
County to obtain all required permits, inspections and certificates of completions for all repairs as
outlined in the property maintenance report, or by hiring a general contractor licensed in Collier County
to obtain permits, inspections and certificate of completion for the demolition of the mobile home on or
before January 4, 2010 or a fine of$200.00 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 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
$112.36 on or before January 4,2010.
E. Respondent shall notify the Code Enforcement Investigator, Weldon Walker, Jr., within 24 hours
of abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this 4'� , day of CC- , 2009 at Naples,Collier
County, Florida.
Of
y,7■Rt
:ounty of COLLIER
I H EREBY CERTIFY 111.A1 NB Il One COLLIER COUNTY CODE ENFORCEMENT
correct copy of a document—(111 file In SPECIAL MAGISTRATE
Board Minuta1 and R co.r0S,0.Cc1Iler COUnt,
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.�,iT._I" ESS my s` i,rt u t ` c101 s I t i ffr,OIa diay of NDA C. GARR'SON
DWIGHT E. BROCK,CLERK OF COURTS
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) 252-
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.
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—Bertha A. Hall, et al"
Collier Co. Code Enforcement Dept.
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RECORDED ED in OFFICIAL RECORDS f COPIER COUNTY,COLLIER COUNTY CODE ENFORCEMENT Nil, FL
SPECIAL MAGISTRATE 04/20/2009 at 11:18AM DWIGHT B, BROCK, CLERK
EEC FIE 18.50
Case No.—CEPM—2009-0001294 Retn:
/ CODE ENFORCEMENT
INTEROFFICE
BOARD OF COUNTY COMMISSIONERS JEN VALDRON/SUPERVISOR
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
FERNANDO ROSQUETTE,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 3,2009,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 Fernando Rosquette.
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 2365 10th Avenue NE,Naples, Florida, Folio#40570720003, was, at
the time of service of the Notice of Violation, in violation of Collier County Land Development Code,
Chap. 04-58,as amended, Sect. 12, in the following particulars:
Dangerous building.The violation is a public nuisance.
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 Land Development Code, Chap. 04-58,
Section 12.
B. Respondent is ordered to abate the violation by hiring a licensed general contractor to obtain a
demolition permit, performing the demolition, removing the debris and obtaining all required inspections
and a Certificate of Completion, on or before April 7,2009,or a fine of$250 per day will be imposed
*** OR: 4445 PG: 1284 ***
for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may hire a licensed contractor to abate the violation. 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 May 3,2009.
E. Respondent shall notify the Code Enforcement Investigator, Michelle Scavone, within 24 hours of
abatement so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this day of V1 ,2009 at Collier County,Florida.
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:minty of COLLIER
COLLIER COUNTY CODE ENFORCEMENT
I HEREBY CERTIFY THAW u aa. SPECIAL MAGISTRATE
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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— Fernando Rosquette L'
Collier Co. Code Enforcement Dept.
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