09/2018 Co ver County
Growth Management Department
Code Enforcement Division
DATE: September 24, 2018
TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor
FROM: Danny Blanco, 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, 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.
Danny Blanco, 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.
c°'
• •
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239252-2440•urww.cdbergov.net
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20180006121
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
INSTR 5618689 OR 5557 PG 2462
RECORDED 10/1/2018 8:48 AM PAGES 3
vs. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
MALCOLM SMITH, REC$27.00
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 3, 2018, 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,Malcolm Smith, 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 at the public hearing by Debrah Smith.
4. The real property located at 215 OLD TRAIN LN,COPELAND,FL 34114,Folio No.
01134803509(Legal Description: 13 52 29 UNREC PAR 30&63 DESC AS: COMM AT E 1/4
CNR SEC 13,N 68 DEG W 987.57FT, S 42 DEG W 37FT, S O1 DEG W 258.21FT,N 88 DEG
W 215FT FOR POB,N 88 DEG W 60FT,N 01 DEG E 100FT,N 49.79FT, S 88 DEG E
62.33FT, S 02 DEG W 49.82FT, S O1 DEG W 100FT TO POB AND UN REC'D PAR 31 &64
DESC AS: COM AT E1/4 CNR SEC 13,N68DEG W 987.57FT, S 42DEG W 37FT, S 1 DEG
W 258.21FT,N88DEG W 155FT FOR POB,N88DEG W 60FT,N 1DEG E 100FT,N2DEG E
70.01 FT, S 88 DEG E 59.06FT, S 1 DEG W 170FT TO POB), is in violation of Collier County
Code of Laws and Ordinances,Chapter 54,Article VI, Section 54-181 and Collier County Land
Development Code, 04-41, as amended, Sections 1.04.01(A)and 2.02.03, in the following
particulars:
Litter and outside storage of materials consisting of but not limited to,appliances,chairs,windows,
cardboard,buckets,barrels,tires,plastic tarps,plastic jugs,hose,auto parts,bicycle parts,lawn
mowers in various states and various metal pieces.
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
54, Article VI, Section 54-181 and Collier County Land Development Code, 04-41, as amended,
Sections 1.04.01(A)and 2.02.03.
B. Respondent must abate the violation by removing all unauthorized accumulation of litter from the
property to a site intended for final disposal or store such items within a completely enclose
permitted structure on or before September 2,2018 or a fine of$50.00 per day will be imposed
for each day the violation remains.
C. If the 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
$112.00 on or before September 3,2018.
E. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this 3tc4 day of August 2018 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
I,Crystal K.Kinzel,Clerk of Courts in ani ter Collier County SPECIAL MAGISTRATE
lo hearty certify that the-above instrument ie a true and correct
• ,eerigina ledC Aortae
t? a', -fir pCWI Deputy Clerk
Date: c9.8 1.cS.r �+"��•
NDA C. GARRE ON
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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to
Malcolm Smith anal Debrah Smith at 215 Old Train Lane,Copeland,FL 34114 and at PO4ii x 36,Copeland,
FL 34137 this 3 day of August 2018.
"PA gab
4 se Enforcement Official