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CESM Liens 04/2017 Coy yer County Growth Management Department Code Enforcement Division DATE: April 21, 2017 TO: Trish Morgan, Minutes & Records, BLDG F 4th Floor FROM: Kerry Adams, Code Enforcement RE: Special Magistrate Liens 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 Liens, and return the originals to the Minutes and Records Department. 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, Code Enforcement Specialist 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. • l • N Code Enforcement Division•2800 Nath Horseshoe Drive•Naples,Florida 34104.233252-2440•www.colhergov.net INSTR 5395852 OR 5386 PG 1586 RECORDED 4/25/2017 9:51 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$18.50 Case No.—CENA20160018861 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LORRAINE BURGESS AND ADRIAN BURGESS, Respondents. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on April 7, 2017, 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 17, 2017,Respondent was found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Sections 54-179, 54-181, and 54-185(A)for weeds over 18 inches and litter on the property,which violation occurred on the property located at 249 Brockington Drive, Copeland, FL,Folio#1134805808(Legal Description: 13 52 29 UNREC'D PAR 48 DESC AS: COM E1/4 CNR SEC 13,N 68 DEG W 987.57FT, S 42DEG W 37FTN52DEG W 134.40FT,N 97FT,N 1). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 24, 2017, or a fine of$100.00 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 5368,PG 3323). 3. Operational costs of$115.48 incurred by the County in the prosecution of this case were ordered to be 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 not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact, 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. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondent for 42 days for the period from February 25, 2017 to April 7,2017, for a total amount of fines of$4,200.00. C. Respondent shall pay the previously assessed operational costs in the amount of$115.48. D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $114.88. E. Respondent is ordered to pay fines and costs in the total amount of$4,430.36 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. F. The daily fine of$100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this l ; �day of (� 1g ,2017 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Lfl '. 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 Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. 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 01 riorioa County of COLLIER cc: Respondent—Lorraine Burgess and Adrian Burgess Collier Co. Code Enforcement Division , 1 HERIrB��.EERTII`Y T.ti�f this is a true and correct'copy ofa document on file in Boa&Minutes and Records of Collier County WITNESS my h nd and official seal this "'dayofy y'tf, 2c1? DWIGHT E.1BRQCk ;CLERK OF COUR S ACT-Ylki ow� INSTR 5395853 OR 5386 PG 1588 RECORDED 4/25/2017 9:51 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY CODE ENFORCEMENT COWER COUNTY FLORIDA SPECIAL MAGISTRATE REC$18.50 Case No.—CEPM20160008116 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ALBERT HOUSTON SR., Respondent. / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on April 7, 2017, 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 October 7,2016,Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-236 for the main structure and the two accessory buildings that are found dangerous and unsuitable for the safe occupancy of its intended purpose,by the Collier County Building Official. Immediate repairs,up to and including demolition of the structures, are required.Violation occurred on the property located at 216 S 4th Street, Immokalee,FL, Folio#25631200005 (Legal Description: CARSONS ADD BLK 9 LOTS 8+9). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 7, 2016, 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 5328,PG 1761). 3. Operational costs of$115.18 incurred by the County in the prosecution of this case were ordered to be 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 by the county as of February 24, 2017. ORDER Based upon the foregoing Findings of Fact, 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. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$250.00 per day are assessed against Respondent for 109 days for the period from November 8, 2016 to February 24,2017, for a total amount of fines of$27,250.00. C. Respondent shall pay the previously assessed operational costs in the amount of$115.18. D. Respondent shall pay the demolition costs incurred by the county in the amount of$11,995.87 E. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of $114.95. F. Respondent is ordered to pay fines and costs in the total amount of$39,476.00 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this 1`U day offisl tA t ,2017 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 1 ' '4 NDA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252- 2440, or www.colliergov.net. 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 or rionua cc: Respondent—Albert Houston Sr. County of COLLIER Collier Co. Code Enforcement Division I HEREB .C�RIIPOsWT this is a true and correct copy of a documeon file in Board Minutes and Ror-ds-of Collier County WITPNIESS my hand atilt official seal this . .4tii day of f-}rr ,1 1/ DWIGHT E. BROCK,CLERK OF COURTS i