CESM - Orders 07/2014 Co #er County
Growth Management Division
Planning & Regulation
Code Enforcement
DATE: July 30, 2014
TO: Trish Morgan, Clerk of Courts - Records
FROM: Kerry Adams, Code Enforcement
RE: Special Magistrate Orders
Please find attached the orders issued by the Special Magistrate.
I respectfully request that your office certify all documents contained herein and then
forward the document, with this memo, to the Recording Department for official
recording.
Recording Department Instructions:
Please record all documents contained herein as Orders
Please send a statement of all recording fees so that I may charge the appropriate
parties. The Code Enforcement Cost Account is 111-138911-649030.
Kerry Adams, Administrative Secretary
Collier County Code Enforcement
Growth Management Building
Thank you all very much for your assistance. Should you have any questions or
require additional information, please do not hesitate to contact me at 252-2496.
0yL14
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hn,tPt�(`
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Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net
INSTR 5013835 OR 5063 PG 859
COLLIER COUNTY CODE ENFORCEMENT RECORDED 7/31/2014 4:02 PM PAGES 2
SPECIAL MAGISTRATE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Case No.—CEPM20120014225 REC$18.50
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
VINCENT RUSSELL,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, and the
Special Magistrate, having considered Respondents' Motion for Continuance and being duly advised in
the premises, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special
Magistrate,as follows:
FINDINGS OF FACT
1. Respondent is charged with violation of Collier County Code of Laws and Ordinances,Chapter
22,Article VI, Section 22-236, in the following particulars:
Vacant structure with fire damage declared to be dangerous by the Collier County Chief Building
Official.
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes,
and Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED:
A. The Respondent's Motion for Continuance of this case is granted.
B. All parties shall be re-noticed for a subsequent hearing date.
DONE AND ORDERED this 1 iliikellay of 3%,k..\ ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
NDA C. GA' SON
cc: Respondent—Vincent Russell
Collier Co. Code Enforcement Dept.
State of Florida
County of COLLIER
t HEREBY C T$ A?i 'a true and
correct coai,o .d6cu tna �n•.0
Board Minul :indRd, County
ESS tt `h l d°:andbffic` seafthts,
DWI -T E. 9PK.CLERK COURT
IlOr
tr ' atk` ' Ike.. -
19, , Nov 1 k ...-.1":-
`A
INSTR 5013836 OR 5063 PG 861
RECORDED 7/31/2014 4:02 PM PAGES 1
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$10.00
Case No.—CEPM20110012361
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MR.99 CENTS INC.,
Respondent.
ORDER ON MOTION FOR RE-HEARING
THIS CAUSE came on for public hearing before the Special Magistrate on July 18,2014, and the
Special Magistrate,having considered the matter and being duly advised in the premises,hereupon issues
its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate,as follows:
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes,
and Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED:
A. Respondent's Motion for Re-hearing is granted.
B. All parties shall be re-noticed for the subsequent hearing date.
DONE AND ORDERED this day of J V\t{ ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
\
'. NDA C.G. '` SON
State of Florida
County of COLLIER
cc: Respondent—Mr. 99 Cents Inc.
Attorney-Christopher E.Mast,Esq. HEREBY G RtirY TiAT this is a true are
Collier Co.Code Enforcement Dept. correct caK�y.af a docu ent§nfiile in
Board
tes pd". grkds of,Coli�et County°
TN44$my h8nd ardeiffibafeat this
DW1GMTnE BRbCK,CLERKOF COURTS,
INSTR 5013837 OR 5063 PG 862
COLLIER COUNTY CODE ENFORCEMENT RECORDED 7/31/2014 4:02 PM PAGES 2
SPECIAL MAGISTRATE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CEAU20140007573
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
DELANDE RAFAEL,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18,2014,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 and Order of the Special Magistrate,as
follows:
FINDINGS OF FACT
1. Respondent, Delande Rafael, 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 public hearing.
4. The real property located at 1763 50th Terrace SW,Naples,Florida,Folio#36118320002(Legal
Description: GOLDEN GATE UNIT 4 BLK 129 LOT 5 OR 1290 PG 2394), is in violation of
the 2010 Florida Building Code, Chapter 1, Scope and Administration,Part 1, Scope and
Application, Section 105 Permits, 105.1 required, in the following particulars:
Installing a wooden/plastic fence without valid Collier County permits.
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, as amended, it is
hereby ORDERED:
A. Respondent is found guilty of violation of the 2010 Florida Building Code, Chapter 1, Scope and
Administration,Part 1, Scope and Application, Section 105 Permits, 105.1 required.
B. Respondent must abate the violation by obtaining all required Collier County building permits or
demolition permit, inspections,and certificate of completion/occupancy on or before August 18,
2014,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 violation using any method to bring the violation into compliance.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
$115.25 on or before August 18,2014.
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.
p
DONE AND ORDERED this I 8il•day of 3‘11 ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
DA C. G TSON
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 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.
State of Florida
cc: Respondent(s)—Delande Rafael, County of COLLIER.
Collier Co. Code Enforcement Dept.
I HEREBY CERTIFY THAT this is a true and
correct copy Oa d'bcumenfon file in
BWoIaTrN d cM ums h a?nnd d R eancd o 6 r oi f l Csealil e thr County
day of
DWIGHT BROCK,CLEMK ' COURTS
S6kv.... .21C01*--- A try
INSTR 5013838 OR 5063 PG 864
RECORDED 7/31/2014 4:02 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$18.50
Case No.—PR052476-CEEX20140010431
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
RICHARD CAMPISI,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 Richard Maunz, and is being contested by
the Respondent,Richard Campisi,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 Law&Ordinances, Section 130-66,
failure to display paid parking receipt.
3. Collier County Park Ranger Richard Maunz was not present at 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. 2007-44,as amended, it is
hereby ORDERED:
A. The citation issued to the Respondent for violating the above-referenced ordinance is dismissed.
DONE AND ORDERED this Igirday of S Y\,, ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
A4 i ' A11►.__'DA C. G V TSON
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 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—Richard Campisi
Collier Co. Code Enforcement Dept.
State of Florida
County of COLLIER
I HEREBY CERTIF','fi +T.this is a true and
correct copy ofta tsimeni`offf�e in
Board Minutegati R Remd,t91.011jer County
WITNESS r }+lea artd seaGthis
tA
DWI -T E tROCK,CLERK OF QOU'TS
M t,/ AIL
SI
INSTR 5013839 OR 5063 PG 866
RECORDED 7/31/2014 4:02 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$18.50
Case No.—CE004760-CEPE20140012310
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
RICARDO JIMENEZ,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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,Jim Davis, and is
being contested by the Respondent, Ricardo Jimenez,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 Law&Ordinances, Section 130-
66,2 (L),unlawful area(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. 2007-44, as amended, it is
hereby ORDERED:
A. Respondent is found guilty of violating Collier County Code of Law&Ordinances, Section
130-66 2(L).
B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the
amount of$50.00.
C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the
amount of$5.00.
D. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in the
amount of$30.00.
E. Respondent is ordered to pay in total $85.00 on or before August 18,2014.
DONE AND ORDERED this tday of 3V` ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
A
NDA C. G '.'. TSON
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 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—Ricardo Jimenez,
Collier Co.Code Enforcement Dept. State of Florida
County of COWER•HEREBY'CERTIFY Tl4A ;#his is a true and
correct copy of a db e1t on file in
Board Minutes and Records of Collier County
WITH SS my h d nd officiAl seal this
day of fit;
DWIGHT'S.•BROCK, ERK OF COURTS
I
COLLIER COUNTY CODE ENFORCEMENT INSTR 5013840 OR 5063 PG 868
SPECIAL MAGISTRATE RECORDED 7/31/2014 4:02 PM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Case No.—CEPM20130002922 REC$18.50
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
ARON RESA AND ELVIRA RESA,
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on July 18, 2014, 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. On February 7,2014,Respondent was found guilty of violation of Collier County Code of Laws
and Ordinances, Chapter 22, Article VI, Section 22-231 (12)(i),for windows not maintained in
good repair,which violation occurred on the property located at 302 S. 6th Street,Immokalee,FL
Folio#66880040004(Legal Description:PINECREST BLK A LOT 1 ).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 28, 2014,or a fine of$250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 5010,PG 3481). On April 4,2014,an Extension of Time to Comply was granted. (A copy of
the Order is recorded at OR 5027,PG 2351).
3. Operational costs of$115.18 incurred by the County in the prosecution of this case have been
paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,
appeared at the public hearing,though no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44 as amended,has been
timely filed.
6. The violation has been abated as of July 7,2014.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No. 07-44,as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is denied based on the mitigating circumstances
presented by Respondent and no accrued fines are imposed.
DONE AND ORDERED this (bday of (\.J\1.\ ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
1
(VAL.!I. IL
B' 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) 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 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—Aron Resa and Elvira Resa
Collier Co. Code Enforcement Dept.
State of Florida
County of COLLIER
1 HEREBY CERTIFY THAT this is a true and
correct copy of.a docurffent on file in
Board Minutes acrd ecoirds of Collier County
W11 $rnif this
of
DWIG K,C `K OF-COURTS
. libra
COLLIER COUNTY CODE ENFORCEMENT INSTR 5013841 OR 5063 PG 870
RECORDED 7/31/2014 4:02 PM PAGES 2
SPECIAL MAGISTRATE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Case No.—CEPM20140005429 REC$18.50
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RICHARD L.DELANEY,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 and Order of the Special Magistrate,as
follows:
FINDINGS OF FACT
1. Respondent, Richard L.Delaney, 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 public hearing.
4. The real property located at 612 Charlemagne Blvd,Naples,Florida,Folio#70221600002(Legal
Description:RIVIERA COLONY GOLF EST UNIT 2 LOT 192), is in violation of Collier
County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231 (12)(n) ,in the
following particulars:
Aluminum panel from the carport roof is broken off and blowing all over the yard.
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,as amended, it is
hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22,Article VI, Section 22-231 (12)(n).
B. Respondent must abate the violation by obtaining all required Collier County building permits,
inspections,and certificate of completion for repair of the carport on or before August 18,2014,
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 violation using any method to bring the violation into compliance. 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
$115.63 on or before August 18,2014.
E. Respondent shall notify the Code Enforcement Investigator,John Connetta,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this!itA, day of J 11\1 ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
401111...: ■ i,_
NDA C. G• ' Vr.ON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples,FL 34104, fax#
(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
State of Florida
cc: Respondent(s)—Richard L. Delaney, County of COLLIER
Collier Co. Code Enforcement Dept.
I HEREBYRtiFY•TWAT this is a true and
correct Opy of a d6c e'r►t rt fite in
Board ate$and):2e6Ods.offollier County
WITNESS my d;a�nd offiaatseal this
s by of 01 l`Q-L1M,
DWIGHT'',BROCK,CLERIC OF COURTS
--ado vir•
INSTR 5013842 OR 5063 PG 872
RECORDED 7/31/2014 4:02 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$27.00
Case No.—CEROW20140005287
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
WALFRIDO S.PROENZA TRUST UTD 8/7/03,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT
1. Respondent, Walfrido S. Proenza Trust UTD 8/7/03, 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 public hearing but entered into a
stipulation.
4. The real property located at 743 100th Avenue N,Naples,Florida,Folio#62784080009(Legal
Description:NAPLES PARK UNIT 5 BLK 70 LOT 15 OR 2065 PG 2071), is in violation of
Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Article II,
Construction in public right of way,Division II,Collier County swale/culvert conversion-Naples
Park, Section 110-46 in the following particulars:
Damaged or failed swale drainage system as determined by the right of way department
inspector.
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, as amended,
it is hereby ORDERED:
N
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
110 Roads and Bridges,Article II,Construction in public right of way,Division II,Collier
County swale/culvert conversion-Naples Park, Section 110-46.
B. Respondent must abate the violation by replacing,repairing,and maintaining grate,culvert pipe
and associated drainage structures with approved material in accordance with Chapter 110,
Division T1 of the Collier County Code of Laws and Ordinances and must obtain the required
right of way permit prior to work beginning and all inspections through final inspection and
certificate of completion on or before September 18,2014 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 violation using any method to bring the violation into compliance.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
$115.18 on or before August 18,2014.
E. Respondent shall notify the Code Enforcement Investigator,Heinz Box,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this t 41"day of 41 ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
BRENDA C.GA ON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 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 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.
State otiFlorida
County of COLLIER
cc: Respondent(s)—Walfrido S.Proenza Trust UTD 8/7/03 ,
Collier Co.Code Enforcement Dept. I'HERE',1 �TT Y'TF"f t this is a true and
correoit4 y of,a'c'ct, enf n file in
Boar .f +noesanrd ".-erd,VCollierCounty
WITitSS m,, h,ald ar%f official seal this
31'w 6-,Y o' ` 2i i
DWIGHT .SROCK, CLERK OF COURTS
-,------,ii i arr . - Lew"
- ;
r
il +
BOARD OF COUNTY COMMISSIONERS ��
Collier County, Florida
Petitioner,
vs. Case No. CEROW20140005287
Walfrido S. Proenza Trust UTD 8/7/03
Respondent(s),
STIPATION/AGREEMENT
GJa(zo aV-04•
COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEROW20140005287 dated the 14th day of March, 2014.
In consideration of the disposition an r solution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for q/ /I1I; to promote efficiency in the administration of the code enforcement
process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto
agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
Damaged or failed swale drainage system as determined by the right of way inspector
THEREFORE, it is agreed between the parties that the Respondent shall;
p
1) Pay operational costs in the amount of $115•) incurred in the prosecution of this case within 30
days of this hearing.
1. Abate all violations by: Replacing, repairing and maintaining grate, culvert pipe and associated
drainage structures with approved material in accordance with Chapter 110, Division II of the
Collier County Code of Laws and Ordinances. Must obtain the required Right of Way permit
prior to work beginning and all inspections through final inspection and certificate of completion
within 60 days or pay a fine in the amount of$100.00 per day that the violation remains
2) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
3) That if the R="spo dent fail o abate the violation the County may abate the violation using any method
to bring the iol. +'on int• compliance and may use the assistance of the Collier County Sheriff's Office
to enforc- he • 'visit s of this agreement and all costs of abatement s -II be assessed to the property
owneriii
Respov.- Repres • e (sign) Jeff right, Director `6.,
Code Enforcement Department
/
Respondent or Representative (print) Date
Date
REV 12/30/13
INSTR 5013843 OR 5063 PG 875
RECORDED 7/31/2014 4:02 PM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$18.50
Case No.—CEROW20140005988
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RANDY NEWBERRY AND ANNIE NEWBERRY,
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT
1. Respondents, Randy Newberry and Annie Newberry, 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 public hearing.
4. The real property located at 4810 Aztec Circle,Naples,Florida, Folio#63100120005 (Legal
Description:NAPLES SOUTH UNIT 1 BLK 1 LOT 3), is in violation of Collier County Code
of Laws and Ordinances, Chapter 110-32,Roads and Bridges, Article II,removal of offending
material, in the following particulars:
A collapsed culvert/drainage pipe as reported by the Collier County department of
transportation.
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, as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
110-32, Roads and Bridges,Article II,removal of offending material.
B. Respondent must abate the violation by obtaining all required Collier County right of way
permits,inspections,and certificate of completion and restore the right of way to a permitted
condition on or before September 18,2014 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 violation using any method to bring the violation into compliance. 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
$115.40 on or before August 18,2014.
E. Respondent shall notify the Code Enforcement Investigator,Art Ford,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this day of Juttl ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
•
AN1L,1
NDA C. GATE SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s)—Randy Newberry and Annie Newberrty
Collier Co. Code Enforcement Dept. State of Florida
County of COLLIER
I HEREBY CER3 IFY THAT this is a true and
correct copy'of a docurtl t"R 11e in
Board Minutes and Records of liter'County
WITNESS:my h and official. al this
1 day of �
Zd
DWI HT E'B',$CK,;CLERK OF COURTS
INSTR 5013844 OR 5063 PG 877
COLLIER COUNTY CODE ENFORCEMENT RECORDED 7/31/2014 4:02 PM PAGES 2
SPECIAL MAGISTRATE DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
Case No.—CESD20120001702 REC$18.50
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MARTIN BUENROSTRO,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on July 18, 2014, 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. On July 5, 2013,Respondent was found guilty of violation of Collier County Land Development
Code 04-41, as amended, Section 10.02.06(B)(1)(a),for a carport enclosed and converted into
living space without first obtaining the authorization of the required permits, inspections,and
certificate of occupancy as required by the Collier County Land Development Code,which
violation occurred on the property located at 906 N 18th Street,Immokalee, FL Folio
#64920320000(Legal Description: PALM EST N 93FT LOT 4).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 5,2013,or a fine of$200.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
OR 4944, PG 3729). On December 6,2013,an Extension of Time to Comply was granted. (A
copy of the Order is recorded at OR 4994, PG 2015). On March 7, 2014, an Extension of Time to
Comply was granted. (A copy of the Order is recorded at OR 5018, PG 3899).
3. Operational costs of$112.38 incurred by the County in the prosecution of this case have been
paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did
not appear at the public hearing, and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44 as amended,has been
timely filed.
6. The violation has been abated as of July 16, 2014.
ORDER
Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,
Florida Statutes,and Collier County Ordinance No. 07-44,as amended, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is denied based on the mitigating circumstances
presented by Respondent and no accrued fines are imposed.
DONE AND ORDERED this day of JU l ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
t•
NDA C.GATT 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) 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 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—Martin Buenrostro State of Florida
Collier Co. Code Enforcement Dept. County of COLLIER
I HEREBY C,ERTI Y THAT this is a true and
correct pf.of adocurn0Qn.file in
Board Mintates and.Erds of Collier County
WITNESS m jh n andDfftcial seal this
-3.I day of{a 4,
DWIGAT(E.BROCK, LERK OF COURTS 4/'
r
U
INSTR 5013845 OR 5063 PG 879
RECORDED 7/31/2014 4:02 PM PAGES 3
COLLIER COUNTY CODE ENFORCEMENT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$27.00
Case No.—CESD20140007858
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HUNTER RENTAL LLC,
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE,
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT
1. Respondent,Hunter Rental LLC, 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,was represented by owner Camille Cabado,who entered
into a stipulation but did not remain present for the public hearing.
4. The real property located at 5261 Hunter Blvd,Naples, Florida,Folio#36238320005 (Legal
Description: GOLDEN GATE UNIT 5 BLK 164 LOT 23), is in violation of Collier County
Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)in the following
particulars:
Constructed pigeon coops without first obtaining a valid Collier County permit.
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, as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as
amended, Section 10.02.06(B)(1)(a).
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permit, inspections,and Certificate of Completion/Occupancy on or before
September 18,2014 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 violation using any method to bring the violation into compliance. 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
$115.25 on or before August 18,2014.
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 (8kday of .J%I L\ ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
1 •
1 NDA C.GA' rON
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 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.
State of Honoa
cc: Respondent(s)—Hunter Rental LLC County of COLLIER
Collier Co. Code Enforcement Dept.
I HEREBY C RT1FY THAT this is a true and
correct Opy.of'a'dO*C.untenton file in
Boar MiFtutes,and Re ords.��f Collier County
WITNESS my hand n&&offacial eal this
3tst day of, `�U�t1 'T
DWIGHT 8 OCK,CLERK OF COURTS
�..�,' 1 1 .: �` , 1
Il
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CESD20140007858
Hunter Rental LLC
Respondent(s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Hunter Rental LLC, on behalf of himself or iii'4 •-dbu 42 as
representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number CESD20140007858 dated the 16th day of May,
2014.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for e . \ ; to promote efficiency in the administration of the
code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
Constructed pigeon coops without first obtaining a valid Collier County permit.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ ; \ ,D5 incurred in the prosecution of this case
within 30 days of this hearing.
2) Abate all violations by:
Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and
Certificate of Completion/Occupancy within''SQ days of this hearing or a fine of$100.00 per day will be
imposed until the violation is abated. LsO"�----
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the • e ,isions of this agreement and all costs of abatement shall be assessed to the property
owner.
Respondent or Representative (sign) ><u,, Jeff W 4 ht, Director
Code nforcement Department
07/1/62 7 — ? J
Respondent or Representative (print) Date
Date
� c: t\r- Q.6 10 \Yilrtr -h4-}- 15 (�-
KrO r k'r t.1 LL L REV 12/30/13
INSTR 5013846 OR 5063 PG 882
RECORDED 7/31/2014 4:02 PM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—C012193-CEVFH20140010736
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
CLIFFORD PONG,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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,Jonathan Musse,
and is being contested by the Respondent, Clifford Pong,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&Ordinances, Chapter
142, Section 142-30(a)and 33(a), for operating a motor vehicle for hire upon the public
streets of the county without first obtaining a valid driver ID issued by Collier County.
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. 2007-44, as amended, it is
hereby ORDERED:
A. The Special Magistrate has granted a continuance of this case to September 5,2014.
B. All parties shall be re-noticed for the subsequent hearing date.
DONE AND ORDERED this t9 day of ,V 11\ ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
NDA C. G TSON
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 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—Clifford Pong,
Collier Co. Code Enforcement Dept.
State of Florida
County of COLLIER
I HEREBY.QER-11:Fi1 HAT this is a true and
correct copy9f'a doeu nt orrl)le in
Board Millutes and Recdrds of 6o11ier County
WITNESS iiny h nd pnd afticiI seal this
3 day of s '
DWIGHT E'.^BROCK,CLERKOF COURTS
--��I •. ■ . ����
INSTR 5013847 OR 5063 PG 884
RECORDED 7/31/2014 4:02 PM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CO10809-CEVFH20140011593
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
EFRAIN BENITEZ,
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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,Eric Short,and is
being contested by the Respondent, Efrain Benitez,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&Ordinances,Chapter
142, Section 142-30(a)and 33(a), for operating a motor vehicle for hire upon the public
streets of the county without first obtaining a Collier County license to operate.
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. 2007-44, as amended, it is
hereby ORDERED:
A. Respondent is found guilty of violating Collier County Code of Laws&Ordinances, Chapter
142, Section 142-30(a)and 33(a).
B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the
amount of$50.00.
C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the
amount of$5.00.
D. Respondent is ordered to pay in total $55.00 on or before August 18, 2014.
DONE AND ORDERED this 19 day of )v\..,k ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Or,
NDA C.GA' T 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) 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 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.
State of Florida
cc: Respondent—Efrain Benitez, County of COLLIER
Collier Co.Code Enforcement Dept.
I HEREBY`CERf1FY THAT this is a true and
correct c opy'of a.dosjorteliton file in
BoardMnutee and-R'etrtd4f Collier County
WITNESS my hand and official"Lsseal this
day Of_________
DWIGHTZ.BROCK,C `-K OF OOURTS
P th p►ice
•
INSTR 5013848 OR 5063 PG 886
RECORDED 7/31/2014 4:02 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
COLLIER COUNTY CODE ENFORCEMENT REC$27.00
SPECIAL MAGISTRATE
Case No.—CEROW20140005294
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
WALFRIDO S.PROENZA TRUST UTD 8/7/03,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on July 18, 2014, 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 and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT
1. Respondent, Walfrido S. Proenza Trust UTD 8/7/03, 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 public hearing but entered into a
stipulation.
4. The real property located at 747 100th Avenue N,Naples,Florida,Folio#62784040007 (Legal
Description:NAPLES PARK UNIT 5 BLK 70 LOT 14 OR 2065 PG 2071), is in violation of
Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Article II,
Construction in public right of way,Division II,Collier County swale/culvert conversion-Naples
Park, Section 110-46 in the following particulars:
Damaged or failed swale drainage system as determined by the right of way department
inspector.
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, as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter
110 Roads and Bridges,Article II,Construction in public right of way,Division II, Collier
County swale/culvert conversion-Naples Park, Section 110-46.
B. Respondent must abate the violation by replacing,repairing,and maintaining grate,culvert pipe
and associated drainage structures with approved material in accordance with Chapter 110,
Division II of the Collier County Code of Laws and Ordinances and must obtain the required
right of way permit prior to work beginning and all inspections through fmal inspection and
certificate of completion on or before September 18,2014 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 violation using any method to bring the violation into compliance.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
$115.25 on or before August 18,2014.
E. Respondent shall notify the Code Enforcement Investigator,Heinz Box,within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this k,day of Jt,, ,2014 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
111114.-IL AWAPAk,
NDA C. GA!: ON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the
Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax #
(239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of
the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrattt e's Order.ioa
Sae County of COLLIER
44, r
cc: Respondent(s)—Walfrido S.Proenza Trust UTD 8/7/03'
Collier Co.Code Enforcement Dept. I HEREB�?Cl_I�11FX T�IAftttils i$a true and
p correct copy Qf a doc it it'ort-tile in
Board Mrlutes and kecords Of Collier County
WITNESS my har�d and official seal this
3154 day of it 2 1*
DWIGHT E.$ROCK,CLERK OF COURTS
--MBA-110 Aftes.
3
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEROW20140005294
Walfrido S. Proenza Trust UTD 8/7/03
Respondent(s),
STIPAATION/AGREEMENT
COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEROW20140005294 dated the 14th day of March, 2014.
In consideration of the disposition a d esolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for'44.111; to promote efficiency in the administration of the code enforcement
process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto
agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
Damaged or failed swale drainage system as determined by the right of way inspector
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of W5.2incurred in the prosecution of this case within 30
days of this hearing.
1. Abate all violations by: Replacing, repairing and maintaining grate, culvert pipe and associated
drainage structures with approved material in accordance with Chapter 110, Division II of the
Collier County Code of Laws and Ordinances. Must obtain the required Right of Way permit
prior to work beginning and all inspections through final inspection and certificate of completion
within 60 days or pay a fine in the amount of$100.00 per day that the violation remains
2) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the
notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
3) That if th='Respondent fails to abate the violation the County may abate the violation using any method
to bring e vi•lation into compliance and may use the assistance of the Collier County Sheriff's Office
to enf• e th= provisions of this agreement and all costs of abatement shall be assessed to the property
own-/
Res %•Tent or Representative (sign) Jeff Wright, Director le z" - --'
CodeEnforcement�epartment
A/40 q-.
Respondent or Representative (print) Date
1--114 - CIA
Date
REV 12/30/13