CESM Orders 04/2019 Cotter County
LiIa3
Growth Management Department
Code Enforcement Division
DATE: April 22, 2019
TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor
FROM: Helen Buchillon, 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.
Helen Buchillon, Administrative Assistant
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 252-5892.
• ,: •
UPI
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•w. w.colliergov.net
_
INSTR 5702253 OR 5621 PG 1682
RECORDED 4/24/2019 10:23 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$18.50
Case No.—CEEX20190002069-PR060340
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
DEVELOPMENT REALTY LC and
ROBERT B.LESLIE,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5, 2019,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 Mauricio Araquistain,and is being contested
by the Respondents, DEVELOPMENT REALTY LC and ROBERT B. LESLIE, who have
requested the hearing and were given proper notice,but did not appear at the public hearing.
2. Respondents are charged with violating Collier County Code of Law&Ordinances, Section
130-67, Handicapped Parking.
3. Collier County Park Ranger Mauricio Araquistain was 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. Respondents are guilty of violating the Parking Ordinance by illegally parking in the access area
of a handicapped parking space.
B. Respondents are ordered to pay a fine of$250.00,operational costs of$50.00 and an
administrative fee of$5.00,for a total amount of$305.00 on or before May 5,2019.
DONE AND ORDERED this %day of April,2019 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
C-12\A\t4
AC.G• 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
DEVELOPMENT REALTY LC and ROBERT B. LESLIE at 3845 Beck Blvd, Suite #803,Naples, Florida 34110,
this q day of April 2019.
2ee-s
Code Enforcement cial
9,Cstat K;"Kinzel;£lerk atcsurts in and fir Collier County
ilahearbytertify that the abiye Instrument is a true and correct
'w 1. • - Coun Flori'a
14• ' , /1 Deputy Clerk
INSTR 5702254 OR 5621 PG 1684
RECORDED 4/24/2019 10:23 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$27.00
Case No.—CEAU20180014935
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JOSEPH ANTENOR,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5, 2019,and the
Special Magistrate, having heard testimony under oath, received evidence and heard argument respective
to all appropriate matters, issues its Findings of Fact and Order of the Special Magistrate,as follows:
FINDINGS OF FACT
1. Respondent,Joseph Antenor, 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 at the hearing and entered into a stipulation
resolving all issues.
4. The real property located at 4730 25th Place SW,Naples,Florida,Folio No.35983200002,is in
violation of the Florida Building Code, Sixth Edition(2017),Building,Chapter 1,Part 2, Section
105.1,as adopted,and the Collier County Land Development Code,Ordinance 04-41,as
amended, Section 5.03.02(F)(5)and Section 10.02.06(B)(1Xexi),in the following particulars:
Unpermitted fence with unfinished side facing
the adjoining property.
5. The violation had 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. Respondents are found guilty of violation of the Florida Building Code, Sixth Edition(2017),
Building,Chapter 1,Part 2, Section 105.1 as adopted,and Collier County Land Development
Code,Ordinance 04-41, Section 5.03.02(F)(5)and Section 10.02.06(B)(1)(exi).
B. Respondents must abate the violation by obtaining the required Collier County Building Permit,
Inspections,and Certificate of Completion for the fence or remove the unpermitted fence on or
before May 5,2019 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
$112.05 on or before May 5,2019.
E. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance so that a final site inspection may be performed to confirm compliance.
DONE AND ORDERED this 54%day of April 2019 at Collier County,Florida.
• COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
I,Crystal-K.Kinzei,Clerk of Courts in and for Colter County
do hearty certify that the above instrument is a true and correct
c e ori•final County,
lk Deputy Clerk t
e: a4lq. ;''- t i IA C. GARRETTir
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
Joseph Antenor,4730 25th Place SW,Naples,FL this /9 day of April 2019.
1)(
Code Enforcement Official
BOARD OF COUNTY COMMISSIONERS 1/
Collier County, Florida
Petitioner,
vs. Case No. CEAU20180014935
Joseph Antenor
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Joseph Antenor, on behalf of himself, enters into this Stipulation and Agreement
with Collier County as to the resolution of Notices of Violation in reference (case) number CEAU20180014935
dated the 21st day o; December, 2018.
This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be
heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or
representative attend the Hearing.
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 April 05, 2019; 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,
and that I have been properly notified pursuant to Florida Statute 162.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ 112.05 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), inspections, and Certificate of Completion or
remove the unpermitted fence within 30 days of this hearing or a fine of $ 100.00 per day will be
imposed until the violation is abated.
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 provisions oft a•reement and all costs of abatement shall be assessed to the property
--owner.
110#-_
Respo •= �`epr- entative (sign) .ere.z , Sup-sor
for Michael Ossorio, Director
Code Enforcement Division
Respondent or Representative (print) Date
ls / 7
Date
REV 3-29-16
INSTR 5702255 OR 5621 PG 1687
RECORDED 4/24/2019 10:23 AM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$18.50
Case No.—CEPM20180015446
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
IRIS LABRIE
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5, 2019, 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,IRIS LABRIE, 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 266 6th Street West, Bonita Springs, FL,Folio#55901120005 is in
violation of Collier County Laws&Ordinances,Chapter 22,Article VI, Section 22-231(12Xc),
Section 220228(1)and Section 22-242 in the following particulars:
Unsecured vacant dwelling with open windows,roof damage and the
property is not being properly maintained.
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.2007-44,as amended,
it is hereby ORDERED:
A. Respondent is found guilty of violation of Collier County Laws and Ordinances,Chapter 22,
Article VI, Section 22-231(12)(c), Section 22-228(1)and Section 22-242.
B. Respondent must abate the violations by obtaining the required Collier County building permit or
demolition permit,all inspections and a Certificate of Completion/Occupancy on or before May
5,2019 or a fine of$250.00 per day will be imposed for each day the violation remains
thereafter until the violation is abated.
C. Alternatively, if a boarding certificate is obtained and the structure is boarded on or before April
12, 2019,then the time required to complete the repairs, inspections and a Certificate of
Completion/Occupancy will be extended to and must be completed on or before October 5,
2019 or a fine of$250.00 per day will be imposed until the violation is abated.
D. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department
may abate the violation on her behalf 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 and to enforce the terms of this Order. All costs
of abatement shall be assessed to the property owner and may become a lien on the property.
E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.80 on or before May 5,2019.
F. Respondent shall notify the Code Enforcement Investigator,John Connetta, within 24 hours of
abatement or compliance so that a final site inspection may be performed to confirm compliance.
DONE AND ORDERED this 6A1 day of April,2019,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, 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 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 OF THE SPECIAL
MAGISTRATE has been sent by U.S. Mail to IRIS LABRIE at P.O. Box 2365,Bonita Springs,
Ftoridla this /9 day of April 2019.
Code Enforcer>•tent Official
i,Crystal K.KinzeI;Clerkjf Courts in and far Collier County
do hearby certlf itmt above instrument is a 7ua and correct
fit oilier County,FI 'da
Deputy Clerk
Da e. 41(97.31 t.91
INSTR 5702256 OR 5621 PG 1689
RECORDED 4/24/2019 10:23 AM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CELU20180000322
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
PAUL CRAIG,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5, 2019,and the
Special Magistrate,having considered Respondent's Motion for Continuance of the hearing on Petitioner's
Motion for Imposition of Fines and Lien 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 was found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 54,Article VI, Section 54-181 and Section 54-179 and Collier County Land
Development Code 04-41,as amended, Sections 1.04.01(A)and 2.02.03,on the property owned
by the Respondent and located at 2754 Shoreview Dr.,Naples, FL, Folio#48171160006.
2. An Order was entered by the Special Magistrate ordering compliance.
3. Petitioner filed a Motion for Imposition of Fines and Lien alleging non-compliance.
4. Respondent was present at today's hearing,gave mitigating circumstances for the delay in
compliance and argued for a continuance.
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 Continuance of this matter is granted.
B. Daily fines shall continue to accrue during the Continuance period.
DONE AND ORDERED this 5th day of April 2019 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
oc
'7 NDA C. G • '4 SON
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail
to Respondent,Paul Craig,2754 Shoreview Drive,Naples,Florida this // day of April 2019.
zeett.A.,
Code Enforcemen fficial
1,Crystal K.Kugel,Clerk of Courts in and for Collier County
do 4.. c6rtf that thea'.' instrument is a hue and correct
• 4`filed in �; ounty,Flori�(a,�
Dae p, _/ Beputy Clerk
INSTR
COLLIER COUNTY CODE ENFORCEMENT RECORDED 4/ OR 19 1 P3 1M 91
4/24/2019 10:23 AM PAGES 2
SPECIAL MAGISTRATE CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CEV20180009971
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
JESSICA NICOLE THOMPSON and
JENNIFER DIANE THOMPSON,
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 April 5, 2019, 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. Respondents, JESSICA NICOLE THOMPSON and JENNIFER DIANE THOMPSON,were
found guilty of violation of the Collier County Code of Laws and Ordinances,Chapter 130,
Article III, Section 130-97(5), based on having commercial vehicles parked in the driveway of a
residentially zoned area on the property owned by the Respondents and located at 839 94th
Avenue N.,Naples, FL, Folio#62764720004.
2. An Order was entered by the Special Magistrate on October 5, 2018,(recorded at OR 5569,
PAGE 2740)ordering Respondent to abate the violation. The deadline imposed by the Order for
abatement was not met and the County filed a Motion for Imposition of Fines and Lien.
3. A previously assessed civil penalty of$250.00 and operational costs of$111.85 incurred by the
County in the prosecution of this case have not been paid.
4. In bringing the County's Motion for Imposition of Fines and Lien to hearing,the County incurred
additional operational costs of$111.70.
5. Respondents were duly noticed for the public hearing regarding the County's Motion for
Imposition of Fines and Liens but were not present.
6. The violation was abated prior to the date of hearing, but the abatement was ordered to be
completed on or before October 12,2018 and was not completed until March 29,2019, which is
168 days past the deadline of the Order.
7. No Request for Re-hearing or Notice of Appeal pursuant to Ordinance 2007-44,as amended,has
been filed.
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. Respondents are ordered to pay the previously assessed operational costs incurred in prosecuting
this case in the amount of$111.85 and the previously assessed civil penalty of$250.00.
C. Respondents are assessed fines at the rate of$100.00 per day for 168 days from October 12,2018
to March 28,2019 for a total fine amount of$16,800.
D. Respondent is ordered to pay the total amount of$17,273.55.
DONE AND ORDERED this 5th day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
14
:!
B' NDA C.G ' fir— 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 of the Special Magistrate has been
sent by U.S.Mail to JESSICA NICOLE THOMPSON and JENNIFER DIANE THOMPSON, 843 94th
Avenue N.,Naples, Florida this /9 day of April 2019.
Code Enforcement Official
I,Crystal K.-nzel,Clerk of Courts in and for Collier County
d! by cMrlify that the above instrument is a true end correct
• •
4V 4 b al filed' Collier County,FI.Ida
3 D • Deputy Clerk
INSTR 5702258 OR 5621 PG 1693
RECORDED 4/24/2019 10:23 AM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CENA20180008199
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
KGB PROPERTIES,LLC,
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 April 5, 2019, 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. Respondent has been found guilty of violation of the Collier County Code of Laws and
Ordinances,Chapter 54,Article VI, Section 54-179 and Section 54-181,based on downed trees
on unimproved property that need to be removed from the property owned by the Respondent and
located at 5402 Texas Avenue,Naples,FL, Folio#62266000002.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation.The
deadline imposed by the Order for abatement was not met and the County filed a Motion for
Imposition of Fines and Lien.
3. Operational costs incurred by the County in the prosecution of this case have been paid.
4. Respondent,KGB PROPERTIES,LLC,having been duly noticed for the public hearing
regarding the County's Motion for Imposition of Fines and Lien,was represented at the public
hearing by Kevin Benito.
5. The County confirmed that,although not abated by the original deadline imposed,the violation
was satisfactorily abated prior to the hearing on this date.
6. No Request for Re-hearing or Notice of Appeal pursuant to Ordinance 2007-44,as amended,has
been filed.
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 denied based on the mitigating circumstances
presented by Respondent and no costs, fees or accrued fines are imposed.
DONE AND ORDERED this ✓ r day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
kC.G 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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Order of the Special Magistrate has been
sent by U.S. Mail to KGB PROPERTIES LLC at 994 N. Barfield Drive, Suite 30,Naples,FL,this /9
day of April 2019.
Code Enforcemen Official
t,Crystaf K.Kinzel;Clerk of Courts in and for Collier County
tIs Nearby C!rtitythatte above instrument is a true end correct
nal ft fin}CQINer Coun flo'da
Deputy Clerk
Date: 4 a A
INSTR
COLLIER COUNTY CODE ENFORCEMENT RECORDED 5702259 OR 19 5621 PG3 1695M
4!24/2019 10:23 AM PAGES 2
SPECIAL MAGISTRATE CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Case No.—CENA20180008198 REC$18.50
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
KGB PROPERTIES,LLC,
Respondent.
I
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 April 5, 2019, 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. Respondent has been found guilty of violation of the Collier County Code of Laws and
Ordinances,Chapter 54,Article VI, Section 54-179 and Section 54-181, based on downed trees
on unimproved property that need to be removed from the property owned by the Respondent and
located at 5406 Texas Avenue,Naples, FL, Folio#62266040004.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation.The
deadline imposed by the Order for abatement was not met and the County filed a Motion for
Imposition of Fines and Lien.
3. Operational costs incurred by the County in the prosecution of this case have been paid.
4. Respondent,KGB PROPERTIES,LLC,having been duly noticed for the public hearing
regarding the County's Motion for Imposition of Fines and Lien,was represented at the public
hearing by Kevin Benito.
5. The County confirmed that, although not abated by the original deadline imposed,the violation
was satisfactorily abated prior to the hearing on this date.
6. No Request for Re-hearing or Notice of Appeal pursuant to Ordinance 2007-44,as amended,has
been filed.
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 denied based on the mitigating circumstances
presented by Respondent and no costs,fees or accrued fines are imposed.
DONE AND ORDERED this 5`'day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
j,..---
NDA C.G• ' ' I 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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Order of the Special Magistrate has been
sent by U.S. Mail to KGB PROPERTIES LLC at 994 N.Barfield Dr., Suite 30,Naples,FL,this 79
day of April 2019.
zete-A-1
I,Crystal K.K mel,Clericof Courts in and for Collier County Code En cement ial
- as herby codify that the-above instrument is a true and correct
e srigu. filed Ul 5; County,Florida
Da
� ' � • '� ��A, IL/•eputy Clerk
• i Lc,1
INSTR 5702260 OR 5621 PG 1697
COLLIER COUNTY CODE ENFORCEMENT RECORDED 4/24/2019 10:23 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CENA20180002171
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
STEVEN LAUPERT,
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 April 5, 2019, 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. Respondent has been found guilty of violation of the Collier County Code of Laws and
Ordinances, Chapter 54,Article VI, Section 54-179 and Section 54-181,and the Collier County
Land Development Code 04-41,as amended,section 2.02.03 by storing building materials,tools
and other related debris outside on the property owned by the Respondent and located at 950
Auto Ranch Road,Naples, FL, Folio#00769360007.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation.The
deadline imposed by the Order for abatement was not met and the County filed a Motion for
Imposition of Fines and Lien.
3. Operational costs incurred by the County in the prosecution of this case have been paid.
4. Respondent, Steven Laupert,having been duly noticed for the public hearing regarding the
County's Motion for Imposition of Fines and Lien, was present at the public hearing.
5. The County confirmed that,although not abated by the original deadline imposed,the violation
was satisfactorily abated prior to the hearing on this date.
6. No Request for Re-hearing or Notice of Appeal pursuant to Ordinance 2007-44,as amended,has
been filed.
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 denied based on the mitigating circumstances
presented by Respondent and no costs,fees or accrued fines are imposed.
DONE AND ORDERED this 5th day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
f0Alk_ I
IAC.G ' ' SON
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 of the Special Magistrate has been
sent by U.S. Mail to Steven Laupert at 950 Auto Ranch Road#18,Naples, FL,this /9 day of April
2019.
Code Enforceme t Official
7,Crystal K tfinzel;Cleft of Courts in and for Collier County
do hearty cerfdy that the a ve instrument is a true and correct
• 9�a or',.
I filed i C li County,Florid
:v r Deputy Clerk
Date:
INSTR 5702261 OR 5621 PG 1699
RECORDED 4/24/2019 10:23 AM PAGES 2
COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER
SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA
REC$18.50
Case No.—CENA20180010796
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
RUTH CARVAJAL,
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 April 5, 2019, 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. Respondent had been found guilty of violation of the Collier County Code of Laws and
Ordinances,Chapter 54,Article VI, Section 54-179 and Section 54-185(a),and the Collier
County Land Development Code 04-41,as amended,section 2.02.03 on the property owned by
the Respondent and located at 5237 Warren St.,Naples,FL,Folio#62150560506.
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation.The
deadline imposed by the Order for abatement was not met and the County filed a Motion for
Imposition of Fines and Lien.
3. Operational costs incurred by the County in the prosecution of this case have been paid.
4. Respondent, Ruth Carvajal,having been duly noticed for the public hearing regarding the
County's Motion for Imposition of Fines and Lien,was present at the public hearing,and her
daughter,Martha Carvajal,was present as her interpreter.
5. The County confirmed that,although not abated by the original deadline imposed,the violation
was satisfactorily abated prior to the hearing on this date.
6. No Request for Re-hearing or Notice of Appeal pursuant to Ordinance 2007-44,as amended,has
been filed.
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 denied based on the mitigating circumstances
presented by Respondent and no costs, fees or accrued fines are imposed.
DONE AND ORDERED this 5th day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
d'E
NDA C.G SON
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 of the Special Magistrate has been
sent by U.S. Mail to Ruth Carvajal, 5237 Warren Street,Naples, FL,this /q day of April 2019.
Code Enforcement Official
I,CrystatK.Kintel,Clerk of Courts in and for Collier County
do hea I. wetly that the •ve instrument is a he end correct
9�•, �t filed •et Count,F orida
Deputy Clerk
late: �►��' to
INSTR 5702262 OR 5621 PG 1701
RECORDED 424/2019 1023 AM PAGES 3
COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
SPECIAL MAGISTRATE REC$27.00
Case No.—CENA20180015021
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
HENRY SCHULMAN,
Respondent.
/
AMENDED
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5,2019, 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,Henry Schulman, 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,Henry Schulman,appeared at the hearing and entered into a Settlement Stipulation
with the Petitioner which was accepted by the Special Magistrate.
4. The real property located at 5525 Lee Williams Road,Naples, Florida, Folio No.454760006, 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, Section 2.02.03, in the
following particulars:
Litter/outside storage consisting of but not limited to:
a washer and dryer,cabinets,furniture and containers.
5. The violation had 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,
Section 2.01.03.
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 items within a completely enclosed structure
on or before March 20,2019 or a fine of$50.00 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
$111.90 on or before August 1,2019.
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 196 day of April 2019 nunc pro tunc at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
C "—...
C .it,, t---
RENDA C.GA' ' SON
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.
I Crystal K.Waal,Clerk ourtktn end for Collier County
dtfhe... certify that the tttove instrument leatrue and correct
Ory• je'r'er'ItiledalerCounty, toria
� Deputy Clerk
0 die
e 41, 3/1'"91
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this AMENDED ORDER OF THE SPECIAL
MAGISTRATE has been sent by U. S.Mail to Henry Schulman at 5525 Lee Williams Road,Naples,FL this
/9 day of April 2019.
Code Enforcement Official
Co Ter County
Growth Management Department
Code Enforcement Division
DATE: April 29, 2019
TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor
FROM: Helen Buchillon, 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.
Helen Buchillon, Administrative Assistant
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 252-5892.
Code Enforcement Division•2800 North Horseshoe Drive•Naples.Rorida 34104.239-252-2440•uvvw.colliergov.net
.r
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20180002498 --
/ -
INSTR 5707385 OR 5625 PG 2822
CLEK OF THE CIRCUIT
BOARD OF COUNTY COMMISSIONERS RECORDED 5/3/2019 951 AM PAGES 2
COLLIER COUNTY,FLORIDA, COLLIER COUNTY FLORIDAURT AND COMPTROLLER
REC$18 50
Petitioner,
vs.
LEONARD ALBERT MAXSON and
MARCIA MORGAN MAXSON,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5,2019,and the
Special Magistrate, having heard testimony under oath, received evidence and heard argument respective
to all appropriate matters,issues its Findings of Fact and Order of the Special Magistrate,as follows:
FINDINGS OF FACT
1. Respondents, Leonard Albert Maxson and Marcia Morgan Maxson,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 did not appear at the hearing.
4. The real property located at 1975 Everglades Blvd. S.,Naples,Florida, Folio No.41286160008,
is in violation of Collier County Code of Laws and Ordinances,Chapter 54, Article VI, Section
54-179 and Section 54-181;and Collier County Land Development Code,04-41 as amended,
Section 1.04.01(A)and Section 2.02.03 in the following particulars:
Litter/outside storage consisting of but not limited to: plastic,metal and
glass; and illegal storage of building materials on the property.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based on the foregoing Findings of Fact and Conclusions of Law,pursuant to the authority
granted in Chapter 162,Florida Statutes,and Collier County Ordinance 07-44,as amended,
IT IS ORDERED:
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 54,Article VI, Section 54-179 and Section 54-181,and the Collier County Land
Development Code,04-41 as amended, Section 1.04.01(A)and Section 2.02.03.
B. Respondents must abate the violation by removing all unauthorized accumulation of litter from
the property to a site intended for fmal disposal or store items within a completely enclosed
structure on or before April 19,2019 or a fine of$100.00 per day will be imposed for each day
the violation remains thereafter.
C. If Respondents fail 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 to gain access to the
property for abatement. All costs of abatement shall be assessed against the property.
D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of
$112.15 on or before May 5,2019.
E. Respondents 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 5th day of April 2019 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
ALJ ,illi►
' NDA C.G "1.3w SON
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
1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Leonard Albert
Maxson and Marcia Morgan Maxson at 1 312 17th Street#157,Denver,CO 80202 this oZ'7 day of April 2019.
1;Crystal K KmzCterk of Courts in ant!for Collier County Code Enforcem- t Official
Is hearty cartif tthe.Mb.ve instrument is a true anti correct
t♦y Ata 11 Bier Coon ,
a ( .•�J.�.� �_ 1._a_ +eputyClerk
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CENA20180006121
/ INSTR 5707386 OR 5625 PG 2824
RECORDED 5/3/2019 9:51 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA
COLLIER COUNTY,FLORIDA, REC$18.50
Petitioner,
vs.
MALCOLM SMITH,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on April 5, 2019, and the
Special Magistrate,having considered Respondent's Motion for Continuance of the hearing on Petitioner's
Motion for Imposition of Fines and Lien and being duly advised in the premises, hereupon issues its
Findings of Fact,and Order of the Special Magistrate,as follows:
FINDINGS OF FACT
1. Respondent was 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, in the following particulars:
Litter and outside storage of materials consisting of but not limited to:
appliances,chairs,windows,carboard,buckets,barrels,tires,plastic tarps,
plastic jugs,hose,auto parts,bicycle parts,lawn mowers in various states
and various metal pieces.
2. An Order was entered by the Special Magistrate ordering compliance.
3. Petitioner filed a Motion for Imposition of Fines and Lien alleging non-compliance.
4. Respondent was not present at today's hearing,but his daughter, Deborah Smith,conveyed
the content of his Motion for Continuance and was available for any questions.
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 Continuance of this matter is granted.
B. All parties shall be re-noticed for a hearing date on May 3, 2019.
C. Daily fines shall continue to accrue during the Continuance period.
DONE AND ORDERED this q day of April 2019 at Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
IAC.GARRET
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by
U. S. Mail to Respondent,Malcolm Smith,do Debra Smith, 215 Old Train Lane,Copeland, Florida
this 429 day of April 2019.
Code Enforccehtent Offici
,Crystal K.Kinzei,Clerk of Courts in and for Collier County
da he 'fy thatthe eb.ve instrument Is a'sus and correct
f 4 ri 'nal led in . County,
1 Deputy Clerk
- Da - sf (G,
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No.—CEEX20190002380-PU5541 57 OR 5 PG 2
RECORD
5/3/2019 9 5 51 AM PA
RECO9A826 GES 3
/ CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
BOARD OF COUNTY COMMISSIONERS REC$27.00
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
D R HORTON,INC.,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on April 5, 2019, and the
Special Magistrate, having heard argument regarding all appropriate matters, issued her Findings of Fact
and Order of the Special Magistrate,as follows:
FINDINGS OF FACT
1. The citation was issued by Collier County Public Utilities Officer,Olti Sefa,and is being
contested by the Respondent,D R Horton,Inc.,who has requested this hearing and was
represented at the hearing by its Project Manager, Robert Misewicz,who entered into a
stipulation on its behalf.
2. Respondent is charged with violating Collier County Code of Laws and Ordinances,
Chapter 134-62, Section 1.9,Utilities Standard Manual,at the property located at 14563 Topsail
Drive,Naples, Florida, Folio#63045035161 in the following particulars:
Illegal tampering with equipment related to the County's water supply.
3. Respondent was found in violation of the same ordinance section prior to this citation.
ORDER
Based on the 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 violating Collier County Code of Laws and Ordinances,Chapter
134-62, Section 1.9, Utilities Standard Manual,by a repeat violation of illegal tampering.
B. Respondent is ordered to pay a civil fine in the amount of$10,000.00 as a repeat violation.
C. Respondent is also ordered to pay the operational costs incurred in prosecuting this case in the
amount of$50.00 and an administrative fee in the amount of$5.00.
D. Respondent is ordered to pay the fine,operational costs and the administrative fee, in
the total amount of$10,055.00 on or before May 5,2019.
DONE AND ORDERED this 5th day of April 2019 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
'/ 1 A 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 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 of the
Twentieth Judicial Circuit 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 D R
HORTON,INC.,at 10541 Ben C.Pratt Six Mile Cypress Pkwy, Suite 100,Ft.Myers,Florida this 4q
day of April 2019.
Code Enforceme'?1[Official
I,'Crysttl f Kinzel,Clerk of Courts in and for Collier County
hea i caftify that thea ,ve instrument is a true and correct
' I fit I C Coun F.ri.
Q • 1 •eputy Clerk
-tfr7
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida, Petitioner
Officer: Olti Sefa
Vs. Public Utilities Department
Case No.: CEEX20190002380-PU5541
D R HORTON INC , Respondent(s)
STIPULATION/AGREEMENT
COMES NOW, the undersigned, To r'+ M't s CIS C C, on behalf of herself/himself or D.R.
HORTON Inc as representative for Respondent and enters into this Stipulation and Agreement with Collier
County as to the resolution of the Citation in reference, Case No. CEEX20190002380-PU5541 dated the 1ST
day of March 2019.
In consideration of the disposition and resolution of the matters outlined in said Citation for which a hearing is
currently scheduled for 9:00 a.m., April 5th, 2019 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 agrees as follows:
1) The violations noted in the referenced Citation are accurate and I stipulate to their existence.
2) The violation(s) is a repeat violation of that of Code of Laws Section(s) 134-62 Section 1.9 Utilities
Standard Manual and are described as Illegal Tampering.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$50.00 incurred in the prosecution of this case.
2) Pay administrative fee of$5.00 incurred in the processing of this case.
3) Pay civil penalty of $10,000.00.
4) Total Charges are $10,055.00.
4101111°.: r
Respondent or Represent e Si Officer's Signatu
-v‘D r-4 U' \ \ Qw,:i Z 11-1 4
Respondent or Representative (Print) Officer's Printed Name
Represeative Title Date
Date
REV 7/1/08