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Agenda 02/12/2019 Item #16A1302/12/2019 EXECUTIVE SUMMARY Recommendation to approve the release of five code enforcement liens with an accrued value of $1,307,982.30 for payment of $13,032.30 in the code enforcement actions entitled Board of County Commissioners v. Jean Claude Martel, Code Enforcement Board Case Nos. 2000070505, 2007030338, 2007080353, CEPM20090015533, and CENA20100009616 relating to property located at 3190 Karen Dr, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners (Board) to accept an offer to relea se five code enforcement liens with an accrued value of $1,307,982.30 for payment of $13,032.30 in relation to Code Enforcement Board Case Nos. 2000070505, 2007030338, 2007080353, CEPM20090015533, and CENA20100009616. CONSIDERATIONS: As a result of code violations consisting of the accumulation of litter and outside storage of abandoned derelict materials on the property, unpermitted structure, no water in occupied dwelling unit, and repeat violations of litter, five liens were imposed on the property. The lien in Case No. 2000070505 for accumulation of litter and outside storage of abandoned derelict materials on the property, was recorded in the Official Records on August 31, 2001, at O.R. Book 2885, Page 1501. The lien amount of $206,019.12 is based on 2,054 days of accrued fines ($100 per day from July 29, 2001 through March 14, 2007) totaling $205,400 plus $619.12 in operational costs. The lien in Case No. 2007030338 for litter, was recorded in the Official Records on February 1, 2011, at O.R. Book 4647, Page 2990. The lien amount of $11,467.68 is based on abatement costs of $11,200 plus $267.68 in operational costs. The lien in Case No. 2007080353 for an unpermitted structure, was recorded in the Official Records on February 4, 2009, at O.R. Book 4425, Page 0554. The lien amount of $762,665.34 is based on 3,812 days of accrued fines ($200 per day from May 24, 2008 through October 30, 2018) totaling $762,400 plus $265.34 in operational costs. The lien in Case No. CEPM20090015533 for no water in occupied dwelling unit, was recorded in the Official Records on March 23, 2010, at O.R. Book 4548, Page 2000, operational costs of $117.96. The lien in Case No. CENA20100009616 for a repeat violation of litter, was recorded in the Official Records on March 21, 2012, at O.R. Book 4776, Page 3196. The lien amount of $327,712.20 is based on 1,638 days of accrued fines ($200 per day from December 11, 2010 through June 5, 2015) totaling $327,600 plus $112.20 in operational costs. The property was acquired by John Minniti and Shelly Minniti, via Warranty Deed recorded on November 8, 2018. The property was brought into compliance before the property was purchased by the new owners, as they were unaware of the violations. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when a code enforcement lien encumbers property that is under new ownership and compliance has been achieved. The property is being actively maintained and $13,032.30 has been paid in settlement of fines. The new owner is requesting a waiver of $1,294,950 in accrued fines. There are currently no known violations. FISCAL IMPACT: Payment of $13,032.30 has been made, representing $450 in fines and $12,582.30 in hard costs. If approved by the Board, accrued fines in the amount of $1,294,950 would be waived. 16.A.13 Packet Pg. 642 02/12/2019 GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. - KN RECOMMENDATION: To waive the fines in the amount of $1,294,950, accept payment amount of $13,032.30, release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Releases of Liens (PDF) 2. Lien Orders (PDF) 16.A.13 Packet Pg. 643 02/12/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.13 Doc ID: 7744 Item Summary: Recommendation to approve the release of five code enforcement liens with an accrued value of $1,307,982.30 for payment of $13,032.30 in the code enforcement actions entitled Board of County Commissioners v. Jean Claude Martel, Code Enforcement Board Case Nos. 2000070505, 2007030338, 2007080353, CEPM20090015533, and CENA20100009616 relating to property located at 3190 Karen Dr, Collier County, Florida. Meeting Date: 02/12/2019 Prepared by: Title: Supervisor - Operations – Code Enforcement Name: Iliana Burgos 01/10/2019 10:21 AM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 01/10/2019 10:21 AM Approved By: Review: Code Enforcement Michael Ossorio Additional Reviewer Completed 01/10/2019 11:13 AM Code Enforcement Marlene Serrano Additional Reviewer Completed 01/10/2019 3:11 PM Growth Management Department Judy Puig Level 1 Reviewer Completed 01/10/2019 4:25 PM Growth Management Department James C French Deputy Department Head Review Completed 01/14/2019 5:39 PM Growth Management Department Thaddeus Cohen Department Head Review Completed 01/15/2019 1:52 PM County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/29/2019 10:10 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/29/2019 1:13 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/30/2019 9:55 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 01/31/2019 9:34 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 01/31/2019 12:57 PM Board of County Commissioners MaryJo Brock Meeting Pending 02/12/2019 9:00 AM 16.A.13 Packet Pg. 644 16.A.13.a Packet Pg. 645 Attachment: Releases of Liens (7744 : Martel, Releases of Liens) 16.A.13.a Packet Pg. 646 Attachment: Releases of Liens (7744 : Martel, Releases of Liens) 16.A.13.a Packet Pg. 647 Attachment: Releases of Liens (7744 : Martel, Releases of Liens) 16.A.13.a Packet Pg. 648 Attachment: Releases of Liens (7744 : Martel, Releases of Liens) 16.A.13.a Packet Pg. 649 Attachment: Releases of Liens (7744 : Martel, Releases of Liens) Xtr: c0!t lllorutn lllc t rotlttmt Dr utut lr ilt0t 2851010 0R: 2885 PG: l50l .. .., llclrDtD tr or 0ttrcnr ucotDt of ollllr o0trt, t[ ilrii'0UtUlCtl rt 0t:10!t Dltctt t. ll0CI, CttU It.0t ' ,.lc vs. CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUN'TY COMMISSIONERS COLLIER COUNTY. FLORIDA. Petitioners. cEB t00l-058 MARTEL. CLAI.IDE. Respondcnt THIS CAUSE came on August 23. 2001. atler due notice to Rcspondent. The thc heuring. At the pubtic hearing on June 2E, 3001, the Board heard testimony undcr oath. receiverl evidence. and issued its Findings of Fsct and Conclusions of Low antl thereupon issuetl irs orat Order which was reduced to writing on July 10. 2001 and t'urnished to Respondenr. (attached as Exhibit *A") Said Order requircd Respondent to take certain correctivc oction to comgct the violations by a time certain as more specifically set forth in this Order. An Aflidavit of Non-Compliance. trearing the dare ot'Augusr 6. 2001. has been liltt wirh the Board by the Code Enforcement Ollicial. which Aflidavir certified undcr oath rhar rhc rcquircd corertive action has not bcen taken os ordered. Accordingly. it having bet'n brought to the Board's urrention thar Rc.spontlent hos not complied with the Order enrercd on July 10. 2001, ir is hereby -- et \e E t. E-E-aE:I,{ura BE-8o- -Er EEat a<!tHI3.J a. l€t...C'--l-o- aa.l r--adI\ACI-8>Ec GIt-{. G-.4 aa(9af. €C'C'GI aa*o € !r{a,.YDrft€G' \ =EE= EE=I--i--!rt=e heari 16.A.13.b Packet Pg. 650 Attachment: Lien Orders (7744 : Martel, Releases of Liens) \ 0R:2885 Ps: tlu4 ORDERED. thut the Rcspondenl pay to Collier County u line in thc umounr of onc thousand one hundred dollars ($1,100.00) lbr non-compliuncc rvith thc Bounl's Ordg of July 10. 2fi)1, lbr the period of July 29. 2001 through August 9. 2001 al thc rate of $100 per du1,. plus six hundred and nineleen dollars and twelve cenls ($619.12) lbr the operational cosrs incurred in rhe prosecution of this case. lT IS FURI'HER ORDERED THAT a tine of $100 pcr da1'continue to accruc unril Respondent come into compliance rvith the Order or until Judgment is rc.ndcred in u suit to foreclose un a lien liled pursuant to Section 162,09. l'lorida Statutes. This Order ma,r, be recorded ond shsll. pursuunt to Scction 161.09. Floridu Srururcs. constitute a lien against any real by Respondent DONIi AND ORD l. in ('ollicr ('(runt\'. I:krridu. T BOART) FI.ORtD..\ Drivc 34t04 STATE OF FI.oRIDA ) SS: couNTY 0F COLLIER) The tbregoing instrument was acknos'ledged belbn: me lhis'dlo1,uf -tr-r.t-l oo@€oa\t <9A. eo \ County. Fl who Florida Drivers' l.icense as identification. 2001. by CliffFlegal. Chairman of the Ctxlc. Enlirrtcmcnt Btxrrd ot'('ollier , is -- personalll' known to mc or \,/ rvho has pruduced u ('tr.t (-=d.[ NOTARY Pt'BI.IC Le)'ffi TY F- ils of I]Y: ., My conrmission cspircs:----__ 16.A.13.b Packet Pg. 651 Attachment: Lien Orders (7744 : Martel, Releases of Liens) 0R: 2885 PG: 1503 I HEREBY CERTIFY that a true and correct bcen fumished bv U.S. Mail to Claude Martel,3190 3-Yn oav or Pr.-F* .2ool. (, CER'TI}'ICA'TE O}' S[RVICI M copy of this Order lmposing Finc/Lien has Kuren Drive. Naples. Florida 341 l2 this Eq. No. 7503 I I \ 400 FiRh Alenuc S., Ste. 3fi) Nrples. Florida 34103 (e4t ) 263-1206rtFqt Fa (9ll. C'€E)G'Gl &o \ 16.A.13.b Packet Pg. 652 Attachment: Lien Orders (7744 : Martel, Releases of Liens) CODE ENFORCEMENT BOARD COI.LIER COUNTY. F BOARD OF COUNTY COMMISSTONERS. COLLIER COLNTY. FLORIDA, Pctitioncr. YS. MARTEL. CLAUDE Rcspondcnt ,,/on 2gg5 pG: $o{ r't AR: 2888 PG: tll{t 2827 roRrBilrctnl t0lll lollDnilloutct ttl rL00rnt ilil cEB NO, 200t-058 0R: 2860 PGr 15ll trc0llll lr 0tltClll lt0tlt of t{lutn Uttt, tlilrlr/ilil rr n:tilt Dlltr, t. n0fl, cull ltc m ll.$c0tttt l.t|rtlc t.l| ; d ---.g- )= lr' i E,--; ir,. ?ntu -5 .- --i Er ; eI a--i:=a.,-) lar -3 .E THIS CAUSE crme 28. 2001. and rhe Eorrd hrving hearrl resr rtl rppropriote maneru, thc Bord, as follows: rcspcctivs to of Law, and Order of l, 11.r GLAUDE MARTEL is rhe owrer of record of rhe subjecr properry. 2' Thrt thc Codc Enforctmcnt Board has jurisrtiction of rhe penon of rhe Repondcnt ond thot thc Rerpondcnl. hoving hen duly notified. opircored nr rhc puhtic herring. 3' That thc RBpondcnt wos notilied of thc rtote of hcaring by ccrrificd moil ond by poating. 4, Thd the tctr poperty tocote0 ot J t 90 Karen Drive, Naprcs. Frorida, more prrriculrrly dcrcribcd as Folio No. 0flxD6l8rtl2o000, Lor 3g: Reginning nt rhc NE corner of Lot 100 of NAPLES cRovE AND TRUCK co's r.rrrLE FAR\ts No. r. according ro rhc 9- T 7eI 3'i', AG ra t' -I its Findings and a- 16.A.13.b Packet Pg. 653 Attachment: Lien Orders (7744 : Martel, Releases of Liens) 3. 0[: tg60 pG: 15{6 / ,,0R: 2888 pG: 1{I? ,/./ That if thc Rcspondenr docs nor comply wirh paragraph I of rhe ordcr of thc Board within 30 days (July 28, 2001), rherr wilt bc a finc of sl00 per day, each day thc violation continues past that date. t-f au.,rlE) G-a g etrctG'a\l a- do Any aggricved party may appeal a final ordcr of the Board to rhe Circuir Courr wirhin thirty (30) days of the execution of the Order appcaled. An appeal shall nor be a hearing de nova, bul shrll bc limited to appellale review of the rccord crcatcd within. Filing on Appeal shall not stay thc Board's Order. DONE AND ORDERED rtris -!Smy of July, 2001 at Collier Counry, Florida. CODE ENFORCEMENT BOARD FLORIDA Drive STATE OF FLORJDA ) COI.'NTY OF COLLIER) Thc forcgoing z0i0l,WgliffFlegd, b V pcrsonally identilicrtion. Collier a Florida Driver's Licencc as c) =I\,CD CE,(Jl EP FJ(treC}\ known to Otfttitr L. Urbrorrli ,00 l!!,912 NOTARY PUBLIC My commission acknowledged ctiff Code who CERTIFICATE OF SERVICE 16.A.13.b Packet Pg. 654 Attachment: Lien Orders (7744 : Martel, Releases of Liens) 0R: 2860 pG: l5t5-! t",nk 2888 PG: 1{76 v,/ plat Ocrcof as recorded in Plat Book t, puge 27,of the Pubtic Records of Collier County Florida: thcnce,S 0 09'50' w. 337.8 feet to the South line of said Lor 100; thcnce N t9 22'00' w 360 fcet along thc said South line ro Poinr of Beginning. Thcnce N o og,o0" E 13g.0 ft., thencc S gg 27 oo'E 60.0 ft., rhence s 0 09,00, wlrr.o ft., rhencc N t9 2z ooi w 60.0 ft., ro point of Bcainning is in violation of Sections 1.5.6 of Ordinance No. 91.102, as amended, rhe Collier County Land Dcvelopmcnt Code. and Sections 6 & 7 & 8 & l l of Ordinurce No. gg-5l, as amcnded, the Collier County Litter and Weed ordinance in rhe following parriculan: accumulation of littcr and outside storsge of abandoned dcrclict materials on fie properry. &o That Claude Marrel is in inance No. 9l-102, as rmended, the Collicr Counry 6&7&8&llofOnlinancc No. 99.51, as amcndcd, thc \ (1? F'\C'Fa (,A{ e,rG,€a\t aa Bascd upon the Law, and pursuant to the Ordinancc No. 92-t0, it is ruthority granred in Chaprer t hcreby ORDERED: That thc Respondcnt correcl the violation of Secrions 1.5.6.of Ordinance No. 9l-102, as rmendo4 thc collier county Land Developmenr code and sections 6 a,7 & t & I I of ordinance No. 99-51, as arnended, the collier county Liner and wced ordinance by: l. Rcmoving liner wirhin rhirty_(30) days (July 2t, 2001); 2' Thal thc Rcspondent pay all operational cosrs incurred in rhc posGcution of ftis casc until he comcs into compliance. \A - N'€€C,I E'6) ;(rte.(Jr \ ofFact and 16.A.13.b Packet Pg. 655 Attachment: Lien Orders (7744 : Martel, Releases of Liens) rrr 0R, 2860 pGl l5l? ilr I HEREBY CERTIFY that o truc and correct copy of this ORDER has bcen scnt by U. S. Mail to Cloude Mancl, 3 t 90 Karen Drivc, Naplcs, Florida 34 I I 2 this ,/ o day of July, 2OOl . M. Jean Florida Esq. No. 75031 I Attomey for the Codc Enforccmcnt Board 400 Fifih Avenuc S., Src.300 Naplcs. Florida 34102 (941) 263.1206 ra.I At F,,lDtlc, FI aa C!'E oIC'C'A' E2e l..r. a. ,/ *** gX,2gg5 pG: nfrr, rr 0R: 2888 PG: 1{?8 **int I 3ttt. o?Ir0rlu iantr ot I lltf,l! co7 tht rodi" ,ttttt' drt.u ), 7f 6prt la lltltrrrtr"' 3trt. o? nOrl0r Coeatr of Clltltt clrln I1{l turlrr tal 16.A.13.b Packet Pg. 656 Attachment: Lien Orders (7744 : Martel, Releases of Liens) rNsrR 452L582 oR 4647 pc 2990 RECoRDED 2/L/zott 9:53 AM PAGES z PYIGIT-E'-BROCK, CLERK OF THE CTRCUIT COURT, tOT.ITEN COUNTY FLORIDAREc $18.50 SPECIAL MAGISTRATE Case No. - 2007-030338 I BOARI)OF COUNTY COI\I}TISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. JEAN CLAUDE ]TIARTEL, Respondent. THIS CAUSE came Motion for Imposition of argument respective to all hearing upon the Petitioner's Magistrate, having heard of Fact and Order of the Special Magistrate, as l. On June 15,2007,Collier County Ordinance 2005-44, Section 6,7, and 8 for the residential property including but not limited to: excessive amount IIs, buckets, treadmills, aluminiurn, a rvasher and dryer, televisions, furniture,containers and metal, rvhich violation occurred on the property located at 3190 Karen Drive, Naples, FL, Folio #61839320000. 2- An Order rvas entered by the Special Magistrate ordering Respondent to abate the violation on or before June 22, 2A07, or a fine of$100.00 per day rvould be assessedfor each day the violations continue thereafter until abatement is confirmed. (A copy of the order is recorded at OR iZST , pG I 77g). 3. Operational costs of $267.68 incurred by the County in the prosecution of this case lvere ordered to be paid. 4. Respondent, having been duly noticed for the public hearing, appeared at the hearing and presented mitigating circumstances affecting compliance, though no legal defense to the Motion ,16 pr"r"nt.d. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 0744 hasbeen timely filed. 6. The violation has been abated as of August 2,2007. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and collier county ordinance No.0744, it is hereby ORDERED; guilty of litter rvere 16.A.13.b Packet Pg. 657 Attachment: Lien Orders (7744 : Martel, Releases of Liens) *** oR 4647 PG 2gg1 *** DONE AI\D ORDERED thiS 20lI at Collier County, Florida. ENFORCEI\IENT TE ON PAYIIIENT OF FINES: Any fines to this order may be paid at the CollierCounty 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 theobligations of this order may also be obtained at this Iocation. SPEAL RTGHTS: Any aggneved party may appeal a fiual order of the Special Magistrate ro rheCircuit Court rvithin thirty (30) days of the execution of the order appealed. ep appeal ihall not be ahearing de noto, but shall te Iimited to appellate revierv of the record ciearea rvirhin ihe original hearing.It is the responsibility of the appealing party to obtain a transcribed record of the hearing dom the Clerkof Cou(s. Filing an Appeal rvill not automatically stay the Special Magistrate's Order. cc: Respondent(s) - Jean Claude Martel Collier Co. Code Enforcement Deot. Star, ot FhrRlbI, '',';'1g;.ff8!Sl, hunry ot COLIJER I HEREBY CERTIFT THAT $h b r urr rn. :orr8d cogy ot I oocumsm Soard Minut$ and Rccorol A. Petitioner's Motion for Imposition of Fines/Liens is granted. B' Based on the mitigating circumstances presented by Respondent rvhich rvere considered by theSpecial Magistrate, daily fines of 5100.00 per day for 4l days for rhe period from June 23, 2007 ro August 2, 2007 for a total amount of fines of 54,100.00, are rvaived. c. Respondent shall pay the previousry assessed operationat costs ofs267.6g. D. Respondent shall pay abatement costs in the amount of $11,200.00. E. Respondent is ordered to pay fines and costs in the total amount of$11.467.68 or be subject to Notice of Assessment of Lien against all properties orvned by Respondents i, Co[iffiinty, Florida. #H'11,1; OWIGHT E BROG|q 9O{rrD 'llh- t,Ai clHtkOi .i-!|E + 16.A.13.b Packet Pg. 658 Attachment: Lien Orders (7744 : Martel, Releases of Liens) t SPECIAL MASTER Case No. -2007-030338 4045184 0R: 4257 PG: 1778 ucoUED in oilIcilI xtcolDs of c(ll.utt co0xfl, ![ 0Ul3/200? at 0C:l3lI DrI@l t. BI0CI, CUII letn:t?tr ruilt xultt llc lll tt'to coDt tlt0n$Illl 2800 r mlslslot 0t nPBS tr 3{l0t / BOARD OF COT]NTY COMMISSIONERS COLLIER CO['NTY, FLORIDA, Petitioner, vs. JEAN CLAUDE MARTEL, Respondent(s). THIS CAUSE came on Master on June 15, 2007, and the Special Master, argument respective to all received evidence, and heard of Fact, Conclusions of Law, and Order of the The owne(s) of the su Respondent(s)mailand posting. The Special Master has Respondent(s), having been duly notified, appeared at the public 4. The real property located at 3190 Florida 34112, Folio #61839320000, at Collier County Ordinance 2005-44, Sec.the time of service of the Notice of Violation was in violation of 6,7 and 8, the LitterOrdinance, in the following particulars Numerous items of litter were observed on the residential property, inctuding, but not limited to: excessive amounts of wood, screens, tires, grills, buckets, treadmills, aluminum, a washer and dryer, televisions, furniture, tubing, doors, windows, containers and metal. Respondent(s) has/have not abated the violation prior to the pubtic 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 Ord. No.04-46, it is hereby ORDERED: A. Respondent(s) iVare found guilty of violation of Collier County Ordinance 2OO5-44, Sec. 6, 7 & 8 by allowing the accumulation of litter, which violation is a repeat violation. B. Respondent(s) iVare are ordered to abate the violations by removing all liner from the property I L 2. J. 5 testimony iVare Jean of the date of of this matter \ 16.A.13.b Packet Pg. 659 Attachment: Lien Orders (7744 : Martel, Releases of Liens) n ii* 0R, 4257 PG: 11.79 ftt on or before June 22, 2057, or a fine of $lfi).fi) per day will begin to accrue for each day the violation continues until compliance is confi rmed. C. Respondent(s) is/are ordered to pay Operational Costs for the prosecution of this case in the amount of $267.68 on or before July 13,2fi)7. D. If Respondent(s) fail to correct the violations within the time frame given herein, the County is directed to remove all litter and abate the violation. All costs of such abatement shall be assessed against and become a lien upon the property. E. Respondent shall notifu the Code Enforcement Investigator, Thomas Keegan, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. IX)NE AND oRDERED this lftb day of ,2407 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT C. GARRETSON PAYMENT OF FINES:may be paid at the Collier County Code Naples, FL 34104, fax #(239) 403-2343. Any release of the obligations of this order of the satisfaction LIEN RIGHTS: This order will of Collier County. After three (3) months from the filing of any such unpaid, the Special Master may authorize the County Attorney to collection on unpaid claims. In the event that outstanding fines are forwarded to a costs incurred by Collier County. agency, the Violator will be responsible for those APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed rccord of the hearing from the Clerk of Courts. Filing an Appeat shall not stay the Special Master's Order.8r!banffm bumyol COLIJ"EI Respondent(s) - Jean Claude Marnl r' Collier Co. Code Enforcement Dept., lncorrgct (. ti;. r' '. Board Mll,".ai.Rcs3tor 'ot Colttr c6 EtBX.J,rd &b. DWIGHT E. BROCK;CI'EM( ,-. . ' l !i' .. ...t'" . cc: A b', a2'ot I HEREEY or confirmation of in the Publ be obtained at th hn Dg, - ---- MASTER 16.A.13.b Packet Pg. 660 Attachment: Lien Orders (7744 : Martel, Releases of Liens) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) cEB CASE NO. 20070803s3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner SULLMN, DIANE, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Johnson, Code Enforcement Official for the Code Enforcement Board of Collier Counry, who after being fully sworn, deposes and says: That on January 24,2008, the Code Enforcement Board 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 recorded in the public records of Collier County, Florida in OR Book !425 PG 0504, et. seq. 2. That the respondent did contact the investigator 3. That a re-inspection was perlbrmed on l0/30/2018. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit (PR8D20180318308) and completing the required work that was ordered and receiving a Certificate of Completion. F'URTHER AFFIANT SAYETH NOT DATED this 30th day of October, 201 8 COLLIER COUNTY, FLORIDA CODE BOARD Official STATE OF FI-ORIDA COLTNTY OF COLLIER Slvorn to (or aflirmed)and subscribed before me this Public) (PrinVTypeiStamp Commissioned Name of Notary Public) Personally known J thou, ,r Ccfo br.( , zol$uy rohn rohnson {il*g .- osEpHH,cxA ffi;ffi:ffiffi 16.A.13.b Packet Pg. 661 Attachment: Lien Orders (7744 : Martel, Releases of Liens) leta I c0DI trrcn$Iln rPlcrtlls?ililr omcl\ Jtr m[Dn0I 2r2-2$t {257933 0R: {425 pG: 0504 il_CgnDD in $e 0!!ICIII, ucoxD$ of cotl,Itn C0UnI, ![ 02101120119 at 02;r6pt( 0ilc[? t. lnocl,-iUli-- CODE ENFORCEMENT BOARD COLLIER COLNry, FLORIDA xrc llt tt.50 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs.cEB NO, 20070803s3 JEAN CLAUDE MARTEL Respondent ORDER IMPOSING FINE/LIEN THIS cAUSE came on for public hearing before the Board on January 24,z11g,after due notice to Respondent at which time the Board heard evidence, and issued its Findings ofFact and Conclusions ofLaw and thereupon to writing on January j0, 200g and fumished to Respondent and was Florida at OR4J25, pG 3014 , et. seq. on January 3 l, 200g . An Affidavit of Enforcement Officiat on June 21,2008, which Affidavit certified not been taken as ordered. Accordingly, it having been has not complied with the Order dated January 30, 200g , it is ORDERED, that the Respondenr Jean Collier County fines in the amount of $4g,g00 for the period ofMay 24th, 2008 through January 22,2009 (244 days)at a rate of$200 per day, plus s265.34 for the operational costs incurred in the prosecution ofthis case for a total ofg49,065.34. IT IS FURTHER oRDERED that the fines and operational costs shall continue to accrue untir Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the circuit court within rhirty (10) days of the execution of the order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record creared within. Filing an Appeal shalr not stay the Board,s order. Order which Iier that the required the Board's I 16.A.13.b Packet Pg. 662 Attachment: Lien Orders (7744 : Martel, Releases of Liens) rri gX' {{25 pG: 0505 tii This order may be recorded and shall, pursuant to Section l62.og,Florida Statutes, constiture a Iien against the property as described and/or any other real or personal property owned by Respondent. DONE AND ORDEREO trris /9\ur or Qan ,2009 atCorier counry, Florida . CODE ENFORCEMENT BOARD, B 2800 North Naples, Florida 34104 STATE OF FLORIDA ) couNTY OF COLLTER)) I HEREBY CERTIFY rhar Claude Martel,3l90 Karen Drive,sent by U. S. Mail lo Jean , 2009 M.Esq. Florida Bar No.7503 I I Attorney for the Code Enforcement Board 400 Fifrh Avenue S., Sre. 300 Naples, Florida 34102 (23e) 263-8206 srare ot FrORllrA bunry ot @[UER COUEIB correct copy of 341t2 this OG <t -.- Code Enforcement me or ts I HEREBY 'orrgct on fllo rn -.oard 16.A.13.b Packet Pg. 663 Attachment: Lien Orders (7744 : Martel, Releases of Liens) Rern: Brx,rsr nr$ 4123372 0R: 4325 PG: 301{ c0L[Iln c0gx?I c0DI tr!0n$ux uc0tDtD tn t[e 0tIIcIlt mc0nDs of c0t[Itt @urIt, t[ 2800 r mnsrs[0[ Dt cDt$ B[De 0UtU200s at tt:01[ Drrc[? t. 8n0fi, ciltrmPils tr 3fi01 uc n! 2?.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA vs. BOARD OF COLNTY COMMISSIONERS, COLLIER COLINTY, FLORIDA, Petitioner, JEAN CLAUDE MARTEL, Respondent FINDINGS OF FACT. CONCLUSIONS cEB NO. 2007080353 2008, and the Board, having heard matters, thereupon issues ils and that the I and by personal service. Folio No. 61839320000, more Ordinance 04-41, the Land THIS CAUSE came on for public hearing testimony under oath, received Findings of Fact, Conclusions of Law, I. That Jean Claude Martel 2. That the Code Respondent, having been duly 3. That the Respondent was 4. That the real property located particularly described as (see attached Development Code, as amended, sections L04 par's A and B; section 2.02.00, sub. sec. 2.02.02, par. B, sub. sec.2.02.03; section 2.03.00, sub. sec.2.03.01, par. H, Village ResidentialDistrict, section 8.08.00, par. B; section 9.03.00, sub. sec.9.03.01, par. D; and section 10.02.00, sub. sec. 10.02.06, par's B-la through and including f, in the following particulars: Unpermined development and use of "VR" zoned property in Collier County ORDER OF THE BOARD Based upon the foregoing Findings ofFact and Conclusions ofLaw and to the authoriry granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier Counfy Ordinance 04-41, the Land Development Code, as amended , sections 1.04.00, sub. sec. 104.01, par's A and B; section 2.02.00, sub. sec. 2.02.02,par.B, sub. sec.2.02.03; section 2.03.00, sub. sec. 2.03.01, par. H, Village Residential District, section 8.08.00, par. B; section 9.03.00, sub. sec. 9.03.01, par. D; and section 10.02.00, sub. sec. 10.02.06, par's B-la through and including f, be conected in the following manner: of the Board, as respective to the date ofhearing at the public 16.A.13.b Packet Pg. 664 Attachment: Lien Orders (7744 : Martel, Releases of Liens) 0R: {325 PG: 3015 l. By applying for and obtaining all required Collier County After-the Fact Permits for all additions and non-permitted improvements and executing alt issued permits so as to obtain all required inspections through to issuance of a Certificate of Completion within 120 days (May 23, 200g),2. In the altemative, by obtaining a Collier County Demolition Permit for removal of all non-allowed, non-permitted additions and improvements and by requesting all inspections through to issuance of a Certificate of Completion so its to restore all premises to a state of compliance within 120 days (May 23, 200g).3. That if the Respondent does not comply with paragraph I of the Order oithe Board by May 23,200g, then there will be a fine of $200 per day for each day for each day the violation remains.4. That it in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by May 23, 2008, then there will be a fine of $200 per day for each aii ttre violation remains.5. That the Respondent is to noti$ Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection.6. That the Respondent is are ordered to pay all operational costs incurred in the prosecution ofthis Case in the amount of $265.34 within 30 days. Any aggrieved party may appeal a final order of the the execution ofthe Order appealed. An appeal shall not be a review of the record created within. Filing an DONE AND ORDERED this Florida. STATE OF FLORTDA ) )SS COI.,INTY OF COLLIER) The foregoing instrument was 2008, by Sheri Barnett, Chair ofthe Code personally known to me or ,,/-who NOTARY PUBLIC My commission CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and conecr Claude Martel, 3190 Karen Drive, Naples, FL 34112 Board to the Circuit Court within thirty (30) days of hearing de novo, but shall be limited to appellate the Board's Order. Collier County, BOARD Driver's License as identification. has been sent by U. S. Mail to Jean 2008. Esq.Statc or FuORIUA ,bunry of COL..\lpR: ,,. v,', a I HEREB-Y'CERTIFY- 11'16f{hrs is a true an6 rcrrect ctSy jof a'.Crclif'-1-te!-'-cn file tn Board tFnirleS a;rl [:E,r.:.,!^1-rf C^,llier Countl UylTr{ESS mV'i:nta'-i.3;- ;Sr:l S(.sl this.%.*,'Jaryt4 OIYIGHT g. BROGIGCLERI( OF COURTS M. Florida Bar No. 75031 I Attomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 CODE t(NtrEtflTsr MYC(lltsgoNr 0068659s E)(PBESJUIo 18,2011 Brtdftn ImrPre(hffibt 8tt'c 16.A.13.b Packet Pg. 665 Attachment: Lien Orders (7744 : Martel, Releases of Liens) o o I,I J Il t, l, : I I .:i .l ii{[t I' j tl i i,x I o 2n r riEc 5o 00902?05 fficoLL* couxrY IJtis l0affantg Eccd Ito,L rt* 1at .tay o[ [a1s[ l{eurlcq E. EDd FByctts I. Eeyaatcr, Eusbead enil l{lfe lrmlnoftc rollJ tl'. omrlor, lo ileaa Oleude llertcl u,h* postollkc rlrlrur rr J190 Eeren Drlve; f,ep1cs llorlda 3aqja,hwinolt t ollal tlc granle: IttLan ri.a trtd.r.l' F$liry'..4'.rda- i-L- t!.L ptitr b.Lr l[d-.J - lG -El .ilFe...a 4 d i*il$ .{ & -tH ri m.a -Eah:l^. UitnCSSeilf: Tfiot rlp 6eanra. fo onJ .a onrr.lm tu al tht run of s r"Iti6Yila "a-,ulmbh onrlrlatlmr, mlrrt ulreI rr Lmh or&rou,lel6J. haoby gmnl* fro4clnr, rcl&. o[mr. n' mlror. ralacs. mnrnlr ord onllnas unlo llro 6eonlm. olt tlrot erlcll lur/rlftrdc la CoLLlcf Couaty. FlodJc. r,l=: Irot #15 of ea ulrecordcA Plat. OoaocDclDg 8,t tbe trortblast coraer of l,ot IOO f,rplee Crovc ard truct 0org Irtttls Ferus Io. 2, eccorillug to plet la Plat loo! 1. Pc^gc tlt Publlc Bccorda ol Oolltcr OouEtJr, Florllila, lbcaco f, 89026{40r f 42Ofect to tbc:lolEt ol Bcglanlag; tbeucc S oo9ogrDor I 1J9.o feet;thcacc s 89o25'4on s 5olo lccEi tbcace u ooogtootr a r39.o rcctitbcrce I 89o25'4o'r''H 60.0 fcet to pout ol bcglaalag. lot lOO of f,.G.&t.Oo lItt1c Coupeagrr a Farne [o 2 Subd. ead lot IOO of ngplcs Grovc aDd trucklng trltt1e Perne Xo. 2 Sectloa ?1Bt Book I, Pege 23t 27 r ?ubllc Io(a8hlp 5o aail thc gauc. Xogdher ulr oppalclnlng. to T{urue tnd,r- ta Ic daplsr gmntc Acre&y oll Froro to Dm&c ll In Uitness firl a&er ptlal"e rcolcd uJ ln ou? srATE oF FLRIDA ggu;Ty oFt&IEn f BEREEY CEBTIPY rter o Oh &v. ldoc m, u o(6rr dulv ru.lriEt h tbc Sqrc elclid ud ia rlc ConrT Jmrid to nlc r.ldLtrrall PtmrllY rPPcttdlteuri& tl.-tlayreker and fEyetta L. tia),maker' a- t98t N(]\l -2 PH l:5t RECORDED ,1. ,). r.) 84 I'y tlrcroto Sclonglng or ln any rcizcJ of sald load mny rold hnlr tlrst llrc tftc lcofut .lolnr ol l01cl o@lno rrr&ttquml rrlcd tAa:a prurcak l[r iloy uil y,eor Recelvod 9o,a Eanrt. to EcrD . rc rii'lm b h. tL inr|mcal rod thc e ov @ao ^ CA o o C' (Ir cJl ( \ ,C 'C,C o? .tsCr,h,,(rr EI (^,otsC'\ ,+ 'Cra \ lcfdq'.aiu'l , t: m doatrGd it rod rlo anttd rhe tlelt .*-ujcd bclort m rlet Drn,mentory Slomp Tox Cr:!:icr Ccunry, Florido II'. Mw.8*-rel ir lhe Clrrty rad dt1 ol ,A.D.l 84 Eqrrdslalr irl COLTNIS9,O!: SiATI O' NORDA u2,{5 JJI{ I l9E7 I Tht lruntant yrytl blt t"yotta IJ. Altas 1799A Bcacbrood .A.vc. Sort l{,yers, 81orldc lctoto lHtu Grr{iA, lf6ut^ lc! t ?o \L Rccorda of IfITNESS o7 i r^a rtld rd n@tE6 6l . 16.A.13.b Packet Pg. 666 Attachment: Lien Orders (7744 : Martel, Releases of Liens) INSTR 4408565 oR 4548 pG 20OO RECoRDED 3/23/ZOLO 11:44 AMDWIGHT E- BROCK. COLLIER COUNT' C'ERi'OF THE CIRCUIT COURTREC $18. 50 BOARD OF COUNTY COMMISSIONERS coLLrER COTINTY, F.LORTDA, Petitioner, vs. JEAN CLAI'DE MARTEL, Respondent. THIS CAUSE came Motion for Imposition of argument respective to all Special Magistrate, as follows: 1, On October 2, 2OOg, Ordinances, Chapter 22, Article VI, violation occurred on the property PAGES 2 hearing upon the Petitioner,s Magistrate, having h6ard of Fact and Order of the of the Collier Count;r Laws & no water in dwelling unit, which FL, Folio #6 I 839320000. l. MENT SPECIAL MAGISTRATE Case No. - CEPM - 2009-0015533 2. An Order was entered by the before October 5, 2009, or a fine continue thereafter until abatement and attached hereto). special Magistrate ordering Respondents to abate the violation on orof $250.00-pe1 day would be issessed for each day the uiotuiio*is confirmed. (A copy of rhe Order is recorded at OR.4S0Z, iG iil 3' operational costs of $117.96 incurred by the county in the prosecution of this case were ordered tobe paid. 4' Respondent, having been duly noticed for tJrg public hearing regarding the county,s Motion, did notappear at the hearing and no legal defense to the Moiion was p.eslentel. 5' No Request for Re-hearing or Appeal pursuant to Ordinance 0744 hasbeen timely filed. 6. The violation has been abated as ofOctober 6,ZOOI. ORDER -!a1ed upon the foregoing Findings ofFact and pursuant to the authority granted in Chapter 162,Florida Statutes, and collier county ordinance No.07j+, it is hereby oRDgpdo?--'-= "' "" found guilty Subsections .1 16.A.13.b Packet Pg. 667 Attachment: Lien Orders (7744 : Martel, Releases of Liens) *** oR 454g PG 2oO1 *** B. A.Petitioner's Motion for Imposition of Fines/Liens is granted. Respondent shall pay the previousry assessed operationar costs of$r 17.96. C' Respondent is ordered to pay costs in the total amount of $117.96- or be subject to Notice ofAssessment of Lien against all properties owned by Respondent in coiliffio-rnty, Florija. DONE AIitD ORDERED this 51^" oay or [{Mttrt, z0t0 atcouier county, Florida. COLLIER COIJNTY CODE ENTFORCEMENT SPECIAL MAGISTRATE PAYMENT OFFII\ES: County Code Enforcement may be paid at the Collier 2343. Any release of lien or FL 34104, fax #(239) 252- of the satisfaction of theobligations of this order may APPEALRIGHTS: Any of the Speoial Magistrate to theCircuit Court within thirry (30)days appealed. An appeal shall not be ahearing de novo, but shall be limited to record created within the original hearing.It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerkof Courts. Filing an Appeal will not automatically stay the Special Magistrate,s Order. cc:Respondent - Jean Claude Martel iCollier Co. Code Enforcement Dept. StrB d Fr.r?ft|0f Dounvot C0LUEt \. I HEREBY :on8ct .lr r turril I tlrlrf,zL..it appeal at this of Aoard .....,-',:i.;. -' ::l': 'l 16.A.13.b Packet Pg. 668 Attachment: Lien Orders (7744 : Martel, Releases of Liens) = INSTR 4353937 oR 4502 PG 77O RECoRDED 7O/2L/2OO9 8:59 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REc $L8. 50 vs. COLLIER COI'NTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - CEPM-2009-0015533 BOARD OF COIINTY COMI}flSSIOIYERS, COI T.r['-R COUNTY, FLORIDA, Petitioner, JEAI\ICLAUDEruAr(-TEL, Respondent THIS CAUSE came on for Magishate on October 2,2009, and the Special Magishate, having evidence, and heard axgument Conclusions of t aw, and Orderrespective to all appropriate ofthe Special Magistrate, as l. RespondentJean 2. Respondent was posting and the Special Magistrate has jurisdiction of this 3. Respondent, havingbeen hearing. 4. The real property located at 3190 Karen Naples, Florida Folio #61839320000, is in violation of Collier County Code of Laws & Ordinances, Chapter 22, Atticle V[, Sections 22-231, Subsections 1 and 2, in the following particulars: No water in occupied dwelling unit creating a health and safety hazard. 5. The violation has not been abated as ofthe date ofthe 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, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws & Ordinances, Chapter 22, Artiele VI, Sections 22-231, Subsections I and 2. B. Respondent is ordered to abate the violation by restoring water to the unit or by vacating all occupants from the unit on or before October 5, 2009 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. under its J date ofhearing 16.A.13.b Packet Pg. 669 Attachment: Lien Orders (7744 : Martel, Releases of Liens) *** oR 4502 PG 77L *** DOIYEAIYD ORDERED this County, Florida. C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violations. If necessary, the County may request the services of the Collier County Sheriff s Office for the purpose of enforcing the vacate order. All costs of abatement shall be assessed against the properly. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $117.96 on or before January 2,2010. E. Respondent shall notiff the Code Enforcement Investigator, Tom Keegan, within 24 hours of abatement or compliance so tlat a final inspection may be perforrned to confirm compliance. Ard u"r" C*obr .2ooeat rTilhf Naples, Collier CODE ENT'ORCEMENT PAYMENT OF FII\IES: Any fines this order may be paid at the Collier County Code Enforcement Department,Naples, FL 34104, fax# (239)252- 2343. Any release of lien or confirmation of or confrmation of the satisfaction of the obligations of this order may also be obtained at this location. LIEN RIGHTS: This order may be recorded in the Public Records of Collier County and may become a lien on your real and personal properly. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Magiskate may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. [n the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. 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. It is the responsibility of the appealing party to obtain a kanscribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. 51sr6 o: FfiXggl^ trj.iffi, cc:Respondents-JeanClaudeMartel/JountyofcoLLlEB Collier Co. Code Enforcement Dept.n z I HEREBy a truoand :orr-est eoDy oi a 3oard l,Iinute,l t/trrUStt ., -'nhoay o, SPECIAL 0 lo't6'1 )lrVlGHT E. 16.A.13.b Packet Pg. 670 Attachment: Lien Orders (7744 : Martel, Releases of Liens) vs. coLLtER COUNTY, I'LORTDA OI'FJCE OF TI{E SPECIAL MAGISTRATE osM cAsE No. CENA20100009616 COLLIERCOUNTY BOARD OF COLINTY COMMISSIONERS, Petitioner Sullivan Construction INC, Defendant(s) AFFIDAVIT Of,' COMPLIANCE STATE OF FLORTDA COUNTY OF COLI-IER BEFORE ME, the undersigrred authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully swom, deposes and says: 1. That on December 03, 2010, 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 4637 PG 672 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 5th, 2015. 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance by renroving all the litter and debris from the property. FURTHER AFFIANT SAYETH NOT DATED this 8th day of June, 2015. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Code Enforcement Offi cial STATE OF FLORIDA COUNTY OF COLLTER Swom (or afiirmed) and subscribed before me this 8th day of June, 2015 by JeffLetourneau Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { IGRRYADAIIS MY COili,llSSlON I FF 13Ct2l EXPIBES: Jt[ 8' 2018 gmdtd Ihft cutd Nohry $.nhr 16.A.13.b Packet Pg. 671 Attachment: Lien Orders (7744 : Martel, Releases of Liens) rNSTR 467a23g oR 4776 pG 31-96 RECoRDED 3/2L/20t2 9:46 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $l_8 - 50 vs. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -CENA20100009616 BOARD OF COI'NTY COMMISSIONERS CoLLIER COLINTY, FLORTDA, Petitioner, JEAN CLATJDE MARTEL, Respondents. THIS CAUSE came upon the Petitioner's Motion for Imposition of having heard argument respective to all ofFact and Order ofthe Special Magistrate, as follows: l. On December 3, 2010,of Collier County Code of Laws, Chapter 54, Article VI,179 for a repeat violation of litter/derelict items consisting of but not limited to: chemical jugs, paint cans, wood, broken furniture, plastics, metals, cloth material, and other miscellaneous items scauered throughout the front yard, which violation occurred on the property located at 3190 Karen Drive, Naples, FL Folio #61839320000 (Legal Description: N G + T c L F No 223 50 25 coMM NE cNR oF Lor 100, s 337.8Fr, W 36OFT TO POB, N I39FT, E 6OFT, S I39FT, W ). An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 10, 2010, or a frne of $200.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at oR 4637, PG 672). Operational costs of$l 12.20 incurred by the County in the prosecution ofthis case lvere ordered to be paid. 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. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. The violation has not been abated as ofthe date ofthe hearing. ) 3. 4. 5. 6. 16.A.13.b Packet Pg. 672 Attachment: Lien Orders (7744 : Martel, Releases of Liens) o:oo o* 4776 pG 3197 *** A. B. C. D. E. ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted. Daily fines of $200.00 per day are assessed against Respondent for 447 days for the period from December 1 l, 2010 to March 2,2012, for a total amount of fines of 589,400.00. Respondent shall pay the previously assessed operational costs ofSl 12.20. Respondent is ordered to pay fines and costs in the total amount of$89.512.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. The daily fine of $200.00 has been confirmed by a Collier County Code DONE AI\D ORDERED County, Florida. CODE ENFORCEMENT c. PAYIIIENT OF FINES: Any fines to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved purty may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate revierv of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record ofthe hearing from the Clerk of courrs. Filing an Appeal rvill not automarically"s$/rrli Fnercillruagistrare's order. bunry of COLLTER Respondent -Jean Claude Ma(el Collier Co. Code Enforcement Dept. accrue SPECIAL cc: .zi2 a::Q curr 16.A.13.b Packet Pg. 673 Attachment: Lien Orders (7744 : Martel, Releases of Liens) INSTR 451-01-24 oR 4637 PG 672 RECoRDED L2/28/2OLO 12:31 PM PAGES 2 DWIGHT E- BROCK, CLERK OF THE CTRCUIT COURTT COLLTER COUNTY FLORIDA REc $18.50 COLLTER COTTNTY CODE ENFORCEMENT SPECIAL MAGISTRATE BOARD OF COUNTY COMMISSIONERS, CoLLIER COUNIY, FLORTDA, Petitioner, vs. JEAN CLAUDE MARTEL, Respondent. THIS CAUSE came on and the Special Magistrate, respective to all appropriate of the Special Magistrate, as I Magishate on December 3,2010, evidence, and heard argument Conclusions of Law, and Order l. Respondent, Jean 2. Respondent was notified and posting and the Special Magistrate has jurisdiction of this 3. Respondent, havingbeenduly hearing. 4. The real property located at 3190 Karen Dr., Naples, Florida, Folio #61839320000, is in violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-l8l and, 54-179, in the following particulars: Repeat violation of litter/derelict items consisting of but not limited to: chemical jugs, paint cans, wood, broken fumiture, plastics, metals, cloth material, and other misc. items scattered throughout the front yard. 5. The violation has not been abated as ofthe date ofthe 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, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-l 8l arld 54-179. hearing before under oath, is the owner of ofhearing by Case No. - CENA-2010-0009616 \ I* 16.A.13.b Packet Pg. 674 Attachment: Lien Orders (7744 : Martel, Releases of Liens) *** oR 4637 PG 673 *** B. Respondent must abate the violation by ranoving all litter from the property to an appropriate waste disposal facility or store desired items within a completely enclosed structure on or before December 10, 2010 or a fine of $200.00 per day will be imposed for each day the violation rernains thereafter. C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violations. If necessary, the County may request the services ofthe Collier County Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assesssd against the property. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.20 on or before February 3120ll, E. Respondent shall notify the Code Enforcement lnvestigator, Azure Sorrels, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED 2010 at Naples, Collier County, Florida. Siarz or tr.r;RltiA Jounry ot CO|LIE:R I }IEREBY :orrect 9oatd CODE ENFORCEMENT thb h I tru! bn flle In &ln mqBrs C. _/ffi 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 conltrmation 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. It is the responsibility of the appealing party to obtain a kanscribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondents - Jean Claude Martel Collier Co. Code Enforcement Dept. 1: 16.A.13.b Packet Pg. 675 Attachment: Lien Orders (7744 : Martel, Releases of Liens)