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10/17 / Co 76Y County ftkv)— Growth Management Department Code Enforcement Division DATE: October 9, 2017 TO: Trish Morgan, Minutes & Records, BLDG F 4t" Floor FROM: Kerry Adams, Code Enforcement RE: Affidavits of Compliance for Special Magistrate/CEB Please find the attached Affidavits of Compliance for Special Magistrate/CEB cases. 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 and return the originals interoffice mail to: Kerry Adams, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Please include a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. 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. tIN Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239252-2440•vwMN.colhergov.net COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO.CELU20170007160 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. VANDERBILT NAPLES HOLDINGS LLC,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Jon Hoagboon,Code Enforcement Official for the Hearing before the Special Magistrate of Collier County,who after being fully sworn,deposes and says: 1. That on August 04,2017,the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County,Florida in OR Book 5429 PG 2264. 2. That the respondent did contact the investigator. 3. That the re-inspection(s)performed on October 5th,2017 revealed that the corrective action ordered by the Special Magistrate was in compliance by having removed the picnic tables from the property. 4. The previously assessed operational costs have been paid.The respondent owes no fines or costs. RELEASE THIS AFFIDAVIT OF COMPLIANCE HEREBY RELEASES ANY INTEREST COLLIER COUNTY MAY HAVE IN REGARDS TO ORDER RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA IN OR BOOK 5429 PG 2264,ET.SEQ. FURTHER AFFIANT SAYETH NOT. DATED this 5th day of October,2017. COLLIER COUNTY,FLORIDA mO * mo i / C) r-C) J• Min d, r G) p ,0 40.14e Enforcement Official 6 n •m m o 0 com STATE OF FLORIDA c 73 c Z O J O COUNTY OF COLLIER V)2 )5 r0 ...). 4. S- c-' to(or affirme•Al d subscribed before me this 5th day of October 2017 by Jon Hoagboon. S .• o r c oo :rf amw p 7:1r A t, > X o 0 ��- �,. V.p��4 nay Blanco O v iv ( tgnature o It . 'ublic) � ` �� Commission54� �+ 4; .Y.(.?1 pires:Apt 21,2020 m c (Print/Type/Stamp Commissioned a,,`s. p�``;�.�� Bonded t�1ru Aaron Wotan z N w Name of Notary Public) Personally known Ai c C) 0 C 73 INSTR 5445828 OR 5429 PG 2264 RECORDED 8/29/2017 12:05 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.-CELU20170007160 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. VANDERBILT NAPLES HOLDINGS LLC, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public h •e '- Special Magistrate on August 4, 2017, and the Special Magistrate, having heard st�, +dr. R -ceived evidence and heard argument respective to all appropriate matters:; upon issues its t :•} of Fact and Order of the Special Magistrate,as follows: /1... ,, /71// OF A T 1. Respondent,Vanderb l :11a 1-01),diC, the •1 er c iaxthe subject property. 2. Respondent was notifi, the date of hearing b erti edr/ d posting and the Special Magistrate has jurisdict •irr this matter. 3. Respondent,having been • • . ed,entered into, s tion and was represented by 11 attorney Greg Urbancic at the • .,,„ i n iit L'�' 4. The real property located at 9020 Gulf Shore Drive,Naples,Florida,Folio#79122440003(Legal Description:VANDERBILT BCH CENTER BLK D LOTS 7,8,9 AND 10), is in violation of Collier County Land Development Code 04-41,as amended, Sections 10.02.03, 10.02.06(13)(1)(A), and 1.04.01(A),in the following particulars: Unauthorized outdoor seating. 5. The violation has not been abated as of the date of the public hearing. OR 5429 PG 2265 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, Sections 10.02.03, 10.02.06(B)(1)(A),and 1.04.01(A). B. Respondent must abate the violation by ceasing all unauthorized outdoor seating use by removing all unauthorized outdoor seating from the property and Collier County right of way,specifically the six picnic tables located on the western aspect of the property.All unauthorized outdoor seating must be removed on or before October 4,2017 or a fine of$250.00 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.„„A11-eosts-©fabatement shall be assessed against the property. . - j\ D. Respondent is ordered topay� atio l costs for the p on of this case in the amount of $115.10 on or before Se tem e 44,.-20,1.7„.Y- E. Respondent shall notify`the • , ..- -, f. �:,, e. -s(:. . ,,; n agboon,within 24 hours of abatement or complian a sod . a . 'a in.p:c • )m. b ►-r ;.rm d to confirm compliance. DONE AND ORDERED this .t. o` --i j . *, ,..1 her County,Florida. COLLIE ODE ENFORCEMENT SPECIAL' f e S • TE / - tA -� Il . • NDA C.G• • • ri N 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. cc: Respondent(s)-Vanderbilt Naples Holdings LLC Collier Co.Code Enforcement Division