Liens 09/2009 CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.: 2004-72
vs.
JAMES C. MARSHALL and SHERRY MARSHALL,
Respondents.
ORDER ON MOTION FOR REDUCTION OF FINES/LIENS
THIS MATTER having come before the Collier County Code Enforcement Board at
public hearing on September 24, 2009, on the Respondents' Motion for Reduction of Fines/Lines, it
is hereby ORDERED that Respondents' Motion is denied in accordance with that portion of the
transcript attached hereto and incorporated herein(pages 50 through 60).
Any aggrieved party may appeal a final order of the Board 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. Filing an Appeal shall not stay the
Board's Order.
DONE AND ORDERED this , "-P day of October, 2009 at Collier County, Florida.
CODE ENFORCEMENT BOARD
SIMS It RIMS
af ; .
COLLIER COUNTY, FLORIDA
jolt
I HEREBY CERTIFY Kenneth I eII Vice-Chair
' Ae 'll f y �� �'
sect copy of a acKtme• pq flt�`t3 2800 North Horseshoe Drive
Board Minutes anck sc. 1bNtar co Naples, Florida 34104
ftlf§S my h.- , :`„
gay of I 711,4 "Acts tfttem
WWIGHT E. BROCi CLERK OF cams-
b
STATE OF FLORIDA )
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ,),r5day of October, 2009, by
Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is
personally known to me or X. who has produced a Florida Driver's License as
identification.
�
.�T,m, NOTARY PUB C
NOTARY PUBLi. T.*ORIDA
My commission expires: ).S ,-_,7‘?/ /
-t: `x,91754
2011
G CO.ANC
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and c rrect copy of this ORDER has been sent by U. S.
Mail to James C. and Sherry Marshall this 23 ay of October, 2009 to the following addresses:
James C. and Sherry Marshall James C. and Sherry Marshall
975 Red River Road 3241 S.W. 104 Ct.
Gallatin TN 37066 Miami, FL 33165
H IDI ASH ON-CICKO, ESQUIRE
Florida Bar No. 966770
Attorney for the Code Enforcement Board
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
3835454 OR: 4033 PG: 2480
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/09/2006 at I1:02AH DWIGHT E. BROCE, CLERK
RIC FEB 44.00
Retn:IITEROFFICE
CODE ENFORCEMENT BOARD COLLIER COMITY CODE BIPORCEKJI
COLLIER COUNTY,FLORIDA SHIRLEY K GARCIA
2800 I HORSESHOE DR CURS BLDG
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA,
Petitioner, CEB NO.2004-72
vs.
JAMES C.AND SHERRY MARSHALL,
Respondents,
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on April 28,2005,after due notice to
Respondents at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 5,2005 and
furnished to Respondents and was recorded in the Public Records of Collier County,Florida at OR 3771,PG 3499,
et.seq.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on July
1,2005,which Affidavit certified under oath that the required corrective action has not been taken as ordered.
Accordingly, it having been brought to the Board's attention that Respondents have not complied with the
Order dated April 5,2005,it is hereby
ORDERED,that the Respondents,James C.and Sherry Marshall,pay to Collier County fines in the
amount of$14,150.00 for the period of June 29,2005 through April 7,2006 at a rate of$50 per day, fines in the
amount of$28,300.00 for the period of June 29,2005 through April 7,2006 at a rate of$100 per day,plus$930.04
for the operational costs incurred in the prosecution of this case for a total of$43,380.04.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board 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
Cof
• OR: 4033 PG: 2481
•
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property described in Exhibit"A"and/or any other real or personal property owned by Respondents.
ed
DONE AND ORDERED this ,) day of ��/ ,2006 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY: 4i,...- 6,,,,cp"---
Sheri Barnett,Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this. _ say of ,2006,by Sheri
Barnett,Chair of the Code Enforcement Board of Collier County,Flo, who is T�sonally known to me
or who has produced a Florida Driver's Licen&e as identificati s
Do 'a t c61191
# )? NOTARY PUBLIC
�:P�'P"°4 Comm\s;wAug 1%.2p0 My commission expires:
i'-'.,.-,-=,'`; ,EkP\re onded Tni..° \ca.
0,. °`' Juana aOndvng C
or o• •
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this OP ER has been sent by U. S.Mail to James
and Sherry Marshall,975 Red River Rd.,Gallatin,TN 37066 this day of 2006.
fi?44,..60-n 624--44,-4,
M.Jean son,Esq.
Florida Bar No.750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste.300
Naples,Florida 34102
(239)263-8206
,ta'e or F LOI. It3A
.ounty of COLLIER
I HEREBY CERTIFY THAT this is a true and °`
8
correct o of" d�. c;Irrsnt on file in
Board t':Srs it;t'.= aK4 +:' ._. of Col. County
WIT
DWI^ t:`. '*CK - '-it,OF CO RTS
L
ii 101.111 L . D.C. ✓ —