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CESM Orders 12/2019 Cotter County 143.0 Growth Management Department Code Enforcement Division DATE: December 12, 2019 TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the order 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. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. J(rn] Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.234252-2440•vwnrvnv.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEVR20190002173 BOARD OF COUNTY COMMISSIONERS INSTR 5806669 OR 5709 PG 323 COLLIER COUNTY,FLORIDA RECORDED 12/20/2019 2:09 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Petitioner, COLLIER COUNTY FLORIDA REC$35.50 vs. ROCKPORT NAPLES LLC ET AL Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on November 1,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by William Marchand, an investigative officer with Collier County Code Enforcement,to Respondent,ROCKPORT NAPLES LLC ET AL,the owner of property located at 3871 Tamiami Trail E.,Naples,Florida 34112,Folio No. 391600009. 2. Respondent was duly notified of the date of hearing by certified mail and by posting but did not appear at the public hearing,having entered into a Stipulation with Petitioner that was accepted by the Special Magistrate. 3. Respondent is charged with violating Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2),at the subject property in the following particulars: Failure to maintain required landscaping in a healthy condition in perpetuity as per the approved Building and Site Plan 86-002 and failure to replace buffer along rear of building consisting of, but not limited to,mahogany trees and ficus hedge. 4. 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. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violating Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2),which states that required landscaping must be maintained in a healthy condition. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before December 1,2019. C. Respondent must abate the violation by: Replacing all missing Mahogany Trees and Ficus Hedge required on the Site Development Plan or must apply for an insubstantial change to the Site Development Plan and obtain approval for another variety/species trees to be used in place of approved trees on or before May 1,2020 or a fine of$100.00 per day will be imposed for each day the violation remains unabated thereafter. D. 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. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement. All costs of abatement shall be assessed against the property. DONE AND ORDERED on this is-f- day of November 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Iy . i. A A L DA 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 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 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 ity 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. kiket gni It ., M a•-,-.- I, w:. I,Crystal K.Kinzel,Clerk of Courts in and for COI IZy ', doh:- certify that the above instrument is,adruC z ect, ri.final filed iniii. ounty,Fl n,, �+ , w�.J+c L.,,g.. fry,, tae: . �, l .. 7 ' 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 on this 1/ day of December,2019 to Respondent,Rockport Naples LLC Et Al,c/o Buckingham Properties, 657 E Main St, Mount Kisco,NY 10549. Code Enforcem t Official BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20190002173 Rockport Naples LLC ET AL C/O Buckingham Properties Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Richard Cohen, on behalf of Rockport Naples LLC ET AL C/O Buckingham Properties, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEVR20190002173 dated the 8th day of March, 2019. 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 November 1st, 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 violation of Failure to maintain required landscaping in a healthy condition in perpetuity as per the approved Building and Site Plan 86-002, and failure to replace buffer along rear of building consisting of but not limited to Mahogany Trees and Ficus Hedge as 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$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Replacing all missing Mahogany Trees and Ficus Hedge required on the Site Development Plan or must apply for an insubstantial change to the Site Development Plan and obtain approval for other variety/species of trees to be used in place of approved trees within 180 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 of this agreement and all costs of abatement shall be assessed the roperty owner. O uQ Ce nti Respondent or Representative (sign) :70 (?pi-! ki( ' , Supervisor for Michael Ossorio, Director / ( Code Enforcement Division o UR A "A-A,14,-,scr 1 / / Respondent or Representative (print) Date lo /I Date REV 3-29-16 i R{C C2-'30-14, Cotter County Growth Management Department Code Enforcement Division DATE: December 19, 2019 TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the order 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. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239-252-2440•wwnu.colhergov.net _ INSTR 5810115 OR 5712 PG 1268 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CEEX20190011448—PU5613 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. ARTHUR W. MOREHEAD, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact,Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The citation was issued by John Nicholas, an investigative officer with the Collier County Public Utilities Department to Respondent,ARTHUR W MOREHEAD,the owner of property located at 2965 Woodside Ave,Naples, Florida 34112, Folio No. 48784120006. 2. Respondent is charged with violating Collier County Code of Laws&Ordinances Chapter 118, Article IV, Section 118-104(C)(12) in the following particulars: Loose pile of unprepared yard waste at curbside. 3. Respondent was given a Notice of Hearing of the public hearing of this case which was in compliance with the requirements of the applicable ordinance. 4. The violation had not been abated prior to 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 violating Collier County Code of Law&Ordinances Chapter 118, Article VIIV, Section 118-104(C)(12),which prohibits the accumulation of litter in the form of unprepared yard waste. B. Respondent is ordered to pay the operational costs in the amount of$50.00 and the administrative fee in the amount of$5.00 incurred in prosecuting this case for a total of$55.00 to be paid on or before December 1,2019. C. Respondent must abate the violation by removing all unauthorized accumulation of litter from the property to a site designated for the proper final disposal of such yard waste on or before November 8,2019 or a fine of$100.00 per day will be imposed until the violation is abated. D. 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. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property. DONE AND ORDERED on this 14 day of November 2019 at Naples,Collier County,Florida. .T+ 604� COLLIER COUNTY CODE ENFORCEMENT y SPECIAL MAGISTRATE • , ' urksin dforCollierCounty dah �Y ce•t`:y thgt the eb,U nshurnentis a rue and correct , copy.6 al filed n Coup lorida I By — �� Deputy Clerk Data �. �''. ' B' ' DA 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 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 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 on this 19 day of December, 2019 to Respondent, Arthur W Morehead,2965 Woodside Ave,Naples, FL 34112. / > Code Enforcement Official INSTR 5810116 OR 5712 PG 1271 RECORDED 12/31/2019 11:13 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$35.50 Case No.—CENA20190009533 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. ROSE GENTRY, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Thomas Pitura, an investigative officer with Collier County Code Enforcement,to Respondent, ROSE GENTRY,the owner of property located at 79 Isle of Saint Thomas, Unit A,Naples, Florida 34114, Folio No. 68343000000. 2. Respondent was duly notified of the date of hearing by certified mail and by posting, and Respondent, ROSE GENTRY, appeared at the public hearing and entered into a Stipulation with Petitioner that was accepted by the Special Magistrate. 3. Respondent is charged with violating Collier County Code of Law&Ordinances, Chapter 54, Article VI, Section 54-181 and Section 54-185(a),and Collier County Land Development Code 04-41, as amended, Section 2.02.03,at the subject property in the following particulars: High grass,weeds and vegetation in excess of 18 inches and the accumulation of litter and outside storage on the subject property including,but not limited to,trash,buckets and household items 4. 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. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violating Collier County Code of Laws&Ordinances Chapter 54,Article VI, Section 54-185(a)and 54-181 and Collier County Land Development Code 04- 41, as amended, Section 2.02.03, which prohibit the high grass, weeds and other similar non- protected overgrowth or vegetation in excess of 18 inches, and the accumulation and/or outside storage of litter including, but not limited to,trash, buckets and household items. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before January 6,2020. C. Respondent must abate the violation by: Mowing any and all grass,weeds or other similar non-protected overgrowth or vegetation in excess of 18 inches to less than 6 inches; and removing any and all unauthorized accumulation and/or outside storage of litter, including, but not limited to,trash, buckets and household items on or before January 6, 2020 or a fine of$100.00 per day will be imposed until the violation is abated. D. 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. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED on this (44A day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I Cryttt nz t,CterkofC O is irrandfor Collier County do ,A;:t fryt144)10.1110 umet to a rue End correct trOn Col eel" nty,rInrida �i a ' d e.utyClerk \ /f Rn wyy 4. q �� ' ' " IA C. GAI(RE N a4 r stA• 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 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. BOARD OF COUNTY COMMISSIONERS '42:(1/ Collier County, Florida Petitioner, vs. Case No. CENA20190009533 Rose Gentry Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, g("S E G tr ,j , on behalf of irr T enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20190009533 dated the 25 day of September, 2019. This agreement is subject to the approval of the Code Enforcement Board. 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 December 6, 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$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure, Must mow or cause to mow all weeds, grass, or other similar non-protected overgrowth in excess of eighteen inches in height to a height of less than six inches and cease all outside storing of but not limited to, construction materials,_ tires, tools, plastic containers, metals, and all items not specifically used for residential use within 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 of this agreement and all costs of abatement shall be assessed to the property owner. - // L(9- ,�y vt ;�,/ � Respondent or Representativd(sign) Joseph Mucha Supervisor for Michael Ossorio, Director Code Enforcement Division 1. () )/ /1-!.� , - E -- I `1 Respondent or Representative (print) Date Date ,O pti - 9 G/l� REV 3-29-16 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 on this/qday of December,2019 to Respondent,Rose Gentry, 79 Isle of Saint Thomas,Naples, FL 34114. / / / Code Enforcement Official ' d INSTR 5810117 OR 5712 PG 1275 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CENA20190008674 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. IRIS LABRIE, 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 December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On September 6, 2019, Respondent was found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a), by having weeds in excess of eighteen(18) inches in height on improved residentially zoned property. 2. This violation occurred on property owned by the Respondent and located at 266 6th Street W, Bonita Springs, Florida 34134, Folio No. 55901120005. 3. Respondent was ordered to abate the violation on or before September 20, 2019 or a fine of $50.00 per day would be assessed for each day the violations continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5677, PG 2169). 4. The violation was not abated for the period from September 21,2019 to October 9,2019(19 days)and fines accrued at the rate of$50.00 per day for a total fine amount of$950.00. 5. The violation was abated by the County by mowing the lot and the cost of abatement to the County of$250.00 has been paid 6. Previously assessed operational costs of$111.70 incurred by the County in the original prosecution of this case have been paid. 7. Respondent, having been duly noticed for the public hearing regarding the County's Motion, was not present at the hearing. 8. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended,has been filed. 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. Based on the abatement of the violation,payment of the abatement costs and payment of the County's previously assessed operational costs, no accrued fines will be imposed. B. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this (ai'fi day of December 2019 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 2 *L / RENDA C. GA' • 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 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. • ,,. .fes I,CrystaI K.Kinzer,Clerk of Coutio•IT.nd •>GWlp uhty " do hAurby ert.fy that the abov as'tat - y e��cosec , copy of i`lyi al[led in Colly Coca , loud= By:_ — ——- I D@puty,C!q 9 - 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 on this 19 day of December, 2019 to Respondent, Iris Labrie, PO Box 2365, Bonita Springs, FL 34133. Code Enforcement Official INSTR 5810118 OR 5712 PG 1278 COLLIER COUNTY CODE ENFORCEMENT RECORDED 12/31/2019 11:13 AM PAGES 3 SPECIAL MAGISTRATE CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 Case No.—CEPM20180015446 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. IRIS LABRIE, Respondent. / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Respondent,IRIS LABRIE, is the owner of the subject real property located at 266 6th Street W, Bonita Springs,Florida 34134, Folio No. 55901120005. 2. On April 5,2019, Respondent was found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(c), 22-228(1)and 22-242 which occurred on the subject property. 3. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 5, 2019, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (See attached copy of the Order, recorded at Collier County Records, OR 5621 PG 1687). 4. Previously assessed operational costs of$112.30 incurred by the County in the prosecution of this case and the abatement costs of$4,450.00 incurred by the County in boarding up the property have not been paid. 5. Daily fines of$50.00 per day may be assessed against Respondent for the period October 6, 2019 to December 6,2019(62 days)for a total amount of fines of$15,500.00. Fines continue to accrue. 6. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing and no legal defense to the Motion was presented. 7. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. 8. The violation was not abated as of December 6,2019,the date Petitioner's Motion was heard. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of$250.00 per day are assessed against Respondent for the period from October 6, 2019 to December 6, 2019(62 days), for a total amount of fines of$15,500.00. Fines continue to accrue. C. Respondent shall pay the previously assessed operational costs of$112.30 and the abatement costs of$4,450.00 incurred by the County in boarding up the property. D. Respondent shall also pay operational costs for today's Imposition of Fines hearing in the amount of$111.70. E. Respondent is ordered to pay fines and costs in the total amount of$20,174.00 or be subject to Notice of Assessment of Lien against all properties,real and personal, owned by Respondent in Collier County, Florida. DONE AND ORDERED this "` \day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerk of4AltslItand for,Collier County do hearb certify thrOa+e.instume t.is atrue and correct copy o ori'i{t arCol,e6Cour*,F1bSida 1/Ake C .i,.. �3 O � DA C. GARRE ' 0 PAYMENT OF V.I IS: 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 on this 19 day of December, 2019 to Respondent, Iris Labrie, PO Box 2365, Bonita Springs, FL 34133. A6.2-7A Code Enforcement Official INSTR 5810119 OR 5712 PG 1281 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEEX20190012888-DAS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WAYNE MANSUETO, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019 upon Respondent's Appeal of the determination by Collier County Domestic Animal Services that Respondent's dog is a dangerous dog and the Special Magistrate, having heard evidence and argument respective to all appropriate matters, and being duly advised in the premises, hereupon issues her Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondent is the owner of a dog named"Bocephus"(A235531), a 3-year-old male,brindle, hound mix,who was involved in an incident that resulted in`Bocephus"being declared a dangerous dog pursuant to the criteria of Collier County's Ordinance governing dog attacks. 2. On the occasion of this incident,a person was attacked by Respondent's dog and suffered serious injuries. After an investigation of the facts and circumstances,the appropriate supervisor at Collier County Domestic Animal Services made the determination that`Bocephus"meets the criteria set forth in Collier County Laws and Ordinances, Chapter 14,Article II, Section 14-38 to be declared a dangerous dog. 3. Respondent appeared for the appeal hearing,presented testimony and other evidence,and made his argument against Domestic Animal Services' determination that his dog meets the Ordinance's definition of a dangerous dog. 4. The Domestic Animal Services investigating officer presented testimony and other evidence that Respondent's dog had attacked the victim without provocation, inflicting serious injury. This evidence was the basis for their determination that the dog should be categorized as a dangerous dog as defined in the above-referenced Collier County Ordinance. 5. It is this determination and its' consequences from which Respondent has brought this appeal. 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 ORDERED: A. Respondent's Appeal to overturn Collier County Domestic Animal Services' determination of his dog,"Bocephus", as a dangerous dog is DENIED. DONE AND ORDERED this (An day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Cr,;tetK i Clerk of Courts in and for Collis County do heortycert,fy that tfie•aboueins!,umert is d`.aWe-id correct q copleof 'i ",ai filed Collier Count/,Rand Gk�te:- 4 1 Poty Clerk D�GARR SON .4.7 .aua 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 on this 19 day of December, 2019 to Respondent, Wayne Mansueto,217 Swain St, Copeland, FL 34137. Code Enforcement Official / INSTR 5810120 OR 5712 PG 1284 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC $27.00 Case No.—CEEX20190012476-DAS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOHN BROWN and MARY BROWN, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019 upon Respondents' Appeal of the determination by Collier County Domestic Animal Services that Respondents' dogs are dangerous dogs and the Special Magistrate,having heard evidence and argument respective to all appropriate matters, and being duly advised in the premises, hereupon issues her Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. Respondents, John Brown and Mary Brown are the owners of two dogs,named"Jaxx" (A248567), Tan,Male, Bullmastiff, one year, eight months and"Charlie"(A248674), Fawn, Female, French Bulldog,one year,ten months,who were involved in an incident that resulted in both dogs being declared a dangerous dogs pursuant to the criteria of Collier County's Ordinance governing dog attacks. 2. On April 23,2019 an incident occurred in which a man was walking his two Pomeranian dogs, "Neyo"and"Malibu", with his 18-month-old son in a stroller when both of Respondents' dogs ran toward them and attacked the victim's dogs. The man and his son suffered minor injuries and both of his dogs suffered serious injuries. As a result, a determination was made by the appropriate supervisor at Domestic Animal Services that Respondents' dogs,both"Jaxx"and "Charlie",met the criteria necessary to be declared dangerous dogs,as set forth in Collier County Laws and Ordinances, Chapter 14,Article II, Section 14-38. 3. Respondents appeared for the hearing, presented testimony and other evidence, and made their argument against the determination that"Jaxx"and"Charlie" meet the Ordinance's definition of dangerous dogs. 4. Domestic Animal Services presented evidence that the Respondents' dogs,without provocation, had aggressively attacked and bitten the man's two dogs inflicting serious injuries on both the victim's dogs. The victim, Dr. Chris Calcagni,was present and gave testimony about the details of the attack and the resulting severe injuries to both of his dogs. 5. In his testimony,the victim also stated that the attack was the cause of injuries to his son when his stroller was knocked over,tossing the child out onto the road where the child landed on his head and where the child's legs were injured, causing bruises. This account of the incident served as the basis for the determination that the dogs,"Jaxx"and"Charlie"were dangerous dogs as defined in the above-referenced Collier County Ordinance. 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. Respondents' Appeal that seeks to the overturn Collier County Domestic Animal Services' determination that the Respondents' dogs,"Jaxx"and"Charlie",are dangerous dogs is DENIED. DONE AND ORDERED this 1' day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT �t•.yr'` SPECIAL MAGISTRATE I,Crysta)H.`IFinzel,Clerk otCpurts in and for Collier County do heal y certify 1110 ;•Uovojnstiument is a true rand correct copy of th • irk , l.o1Iier Couni/,Florida By: rr• � , I Deputy Clerk Date: 40 '�`�, NDA C. G TSON 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 on this 19 day of December,2019 to Respondents,John Brown and Mary Brown,479 Corbel DR,Naples, FL 34110. Code Enforcement Official INSTR 5810121 OR 5712 PG 1287 RECORDED 12/31/2019 11:13 AM PAGES 3 COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CENA20180016089 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. PATRICIA A.HUTCHINSON, Respondent. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on November 1, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. Respondent,PATRICIA A. HUTCHINSON, is the owner of the subject real property located at 92 Isle of Saint Thomas,Naples, Florida 34114, Folio No. 68343560003. 2. On June 7,2019,Respondent was found guilty of violation of the 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 1.04.01(A),which occurred on the subject property. 3. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 14,2019, or a fine of$100.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (See attached copy of the Order,recorded at Collier County Records, OR 5644 PG 3655). 4. Previously assessed operational costs of$1 11.90 incurred by the County in the prosecution of this case have been paid. 5. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing and no legal defense to the Motion was presented. 6. No Request for Re-hearing or Appeal pursuant to Collier County Ordinance 2007-44, as amended,has been timely filed. 7. The violation was not abated as of November 1,2019. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of$100.00 per day are assessed against Respondent for the period from June 15, 2019 to November 1, 2019(140 days), for a total amount of fines of$14,000.00. Fines continue to accrue. C. Respondent shall also pay operational costs for today's Imposition of Fines hearing in the amount of$111.75. D. Respondent is ordered to pay fines and costs in the total amount of$14,111.75 or be subject to Notice of Assessment of Lien against all properties,real and personal, owned by Respondent in Collier County, Florida. DONE AND ORDERED this (ift"-day of November 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,C,,tcl Xt.t(i te!,Clerk of Courts in and for CoIiier County no he..rby c .f ttii,fft e above Ins":ument lea true cad correct copy at tht r fit •i Cilli C• nto,nodes P r Deputy Clerk Dols: � � 11CL d' DA C. GA 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 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 on this 19 day of December, 2019 to Respondent, Patricia A Hutchinson, 92 Isle of Saint Thomas,Naples, FL 34114. ji( 1/14/(r Code Enforcement Official INSTR 5810122 OR 5712 PG 1290 RECORDED 12131/2019 11:13 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA REC$35.50 SPECIAL MAGISTRATE Case No.—CENA20190003782 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. DALE EBANKS Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on November 1,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Virginie Giguere, an investigative officer with Collier County Code Enforcement,to Respondent, DALE EBANKS,the owner of property located at 334 Porter Street,Naples, Florida 34113, Folio No. 00446680000. 2. Respondent was duly notified of the date of hearing by certified mail and by posting, personally appeared at the public hearing and entered into a Stipulation with Petitioner which was accepted by the Special Magistrate. 3. Respondent is charged with violating Collier County Code of Law& Ordinances Chapter 54, Article VI, Section 54-181, 54-179 and 54-185(d), at the subject property as follows: Prohibited exotics consisting of, but not limited to,air potato and vegetative debris/litter consisting of, but not limited to,cans,plastic and trash scattered throughout the unimproved property. 4. The violation had not been abated by 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 violating Collier County Code of Law&Ordinances Chapter 54, Article VI, Section 54-181, 54-179 and 54-185(d),which prohibits the accumulation and/or storage of litter, exotics and vegetative debris. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before January 2,2020. C. Respondent must abate the violation by: 1. Removing and all unauthorized accumulation of litter and/or vegetative debris from the property to a site designated for the proper final disposal of such litter on or before November 15,2019 or a fine of$100.00 per day will be imposed until the violation is abated; 2. Removing any and all Collier County Prohibited Exotic vegetation that exists within a 200 ft. radius of any improved property on or before January 2,2020 or a fine of $100.00 per day will be imposed until the violation is abated; 3. Obtaining a Collier County Vegetation Removal Permit prior to the use of any heavy machinery to do mechanical clearing of exotics; and 4. Upon the removal of any and all prohibited exotic vegetation or foliage, by immediately treating the base and every cut stem or stump of any such remains with a U.S. Environmental Protection Agency approved herbicide containing a visible tracer dye. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement. All costs of abatement shall be assessed against the property. DONE AND ORDERED on this (. 4' day of November 2019 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K l4wi el Cl ittif,C,qurts in and for Collier County do hearty' ,ittpt�t thc�of bir3' ument is a true and correct copy of Afhl'" tin.'.`fil in Cbtlier pnty,Florida ' / �, By.' _ `. 0 putt'Clerk ��� Dae: ;'' ` - — : '4 NDA C. G• ' . TSON PAYMEN J FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Cgeli$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 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. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20190003782 Dale Ebanks Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, , on behalf of , enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20190003782 dated the 9th day of September, 2019. 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 ; 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 $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must remove any and all unauthorized accumulation of litter and/or vegetative debris from the property to a site intended for final disposal within 14 days of this hearing or a fine of $100 per day will be imposed until the violation is abated. 3) Must remove any and all Collier County Prohibited Exotic vegetation that exists within a 200 ft radius of any improved property within 60 days of this hearing or a fine of $100 per day will be imposed until the violation is abated. The use of heavy machinery to do mechanical clearing of exotics requires a Vegetation Removal Permit. When prohibited exotic vegetation foliage is removed, but the base of the vegetation remains, the base and every cut stem or stump must be immediately treated with a U.S. Environmental Protection Agency approved herbicide containing a visible tracer dye. 4) 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.) 5) 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 of this agreement and all costs of abatement shall be assessed to the property owner. CY1/1/k'611 Respondent or Representative (sign) To S2 M NC 1,q , Supervisor for Michael Ossorio, Director Idr Code Enforcement Division Respondent or Representative (print) Date / ( / — /T Date REV 3-29-16 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 on this /9 day of December, 2019 to Respondent, Dale Ebanks, 7259 Live Oak Drive,Naples, FL 34114. fi"-44' 46:41)Z Code Enforcement Official INSTR 5810123 OR 5712 PG 1294 RECORDED 12131/2019 11:13 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COWER COUNTY FLORIDA SPECIAL MAGISTRATE REC$35.50 INDX$1.00 Case No.—CESD20190008067 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. MARIO ANTONIO GUTIERREZ RUIZ, KARLA MARIA MELARA RODRIGUEZ, and SERGIO CANU DUENAS, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents, MARIO ANTONIO GUTIERREZ, KARLA MARIA MELARA RODRIGUEZ, SERGIO CANU DUENAS, are the owners of the subject real property located at 5308 Cypress Lane,Naples, Florida 34113, Folio No. 60782760006. 2. Respondents were duly notified of the date of hearing by certified mail and posting, and were represented at the public hearing by Respondent, KARLA MARIA MELARA RODRIGUEZ, with authority to appear on behalf of the other two Respondents and to enter into a Stipulation with the Petitioner. 4. The subject real property owned by Respondents is in violation of the Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(1)(e)(i) in the following particulars: An accessory building was erected on the subject property without first obtaining a valid Collier County permit, proper inspections and a Certificate of Completion/Occupancy. 5. The violation was not 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 ORDERED: A. Respondents are found guilty of violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i). B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before January 6,2020. C. Respondents are also ordered to abate the violation by obtaining either the required Collier County building permit or demolition permit, all inspections and a Certificate of Completion/ Occupancy for the structure on or before May 6,2020 or a fine of$100.00 per day will be imposed until the violation has been abated. D. Respondents must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. E. If the Respondents fail to abate the violation as ordered,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 of this Order, and all costs of abatement shall be assessed to the property owner. DONE AND ORDERED on this (CAL day of December 2019 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,C:;stet K.I:inzel,Clerk of,Court^in and for Collier County ti, f:,rj. 1,;ytlto+,t�,o el;m instrument is a:rue End correct r,fi tr i fi A'oil, C. ty,Florida a Clerk paw: • My y ' �_� '•' 4 : '1 DA C. GA' ' SON tea, j•+xy PAYM 'T OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier irprttuty 6ode 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 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. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20190008067 Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu Duenas Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Karla Maria Melara Rodriguez, on behalf of Mario Antonio Gutierrez Ruiz, Sergio Canu Duenas and herself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20190008067 dated the 18th day of July, 2019. 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 December 06, 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$111.70 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) or Demolition Permit for the unpermitted accessory structure, request all related inspections, and obtain the issuance of the Certificate of Completion/Occupancy within 12trdays of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. ►S8 1c M \ 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 of this agreement and all costs of abatement shall be assessed to the property owner. Res nor epresentative (sign) Cristina Perez, S perviso for Michael Ossorio, Director <0.1910k �n Code Enforcement Division 1<0.i k 1"10.(\I A M c I A V 0 f i gv e 1 i�1�I� 9 Respondent or Representative (print) Date p p \ - O G - 2, 0 ) 9 . Date REV 3-29-16 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 on this /7 day of December, 2019 to Respondents, Mario Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez and Sergio Canu Duenas, 5308 Cypress LN, Naples,FL 34113. Code Enforcement Official INSTR 5810124 OR 5712 PG 1298 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA REC$27.00 SPECIAL MAGISTRATE Case No.—CENA20190005653 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. VALERIE ALEXIS 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 December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On August 2, 2019, Respondents were found guilty of violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03,and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 for the accumulation and/or outside storage of litter, including, but not limited by, wood panels and posts, on unimproved property. 2. This violation occurred on property owned by Respondent and located at 14729 Apalachee Street, Naples, Florida 34114, Folio No. 25967802863. 3. Respondent was ordered to abate the violation on or before August 9, 2019 or a fine of$100.00 per day would be assessed for each day the violations continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5665, PG 1723). 4. The violation was abated by the Respondent as of December 6, 2019, and fines have accrued from August 9, 2019 to December 6, 2019(119 days)at $100.00 per day for a total amount of $11,900.00. 5. Previously assessed operational costs of$111.90 incurred by the County in the original prosecution of this case have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion, but were not present at the hearing. 7. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. 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. Based on Respondent's abatement of the violation and payment of operational costs, no accrued fines will be imposed. B. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this (OAA day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K Kinzel,Clerk of Courts in and for Collier County do heart, eeftryivat the above inst.ument is a true and correct Copp or!rF Collier County,Florida Date' , t 4.ePuty Clerk 11111111. i ¢ r R NDA C. GARRETSON PA r OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier r, ''Ctl Olde 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 on this /7 day of December, 2019 to Respondent, Valerie Alexis, 14729 Apalachee St,Naples, FL 34114. Code Enforcement Official INSTR 5810125 OR 5712 PG 1301 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CEPM20180004277 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JASON E. STEPHENS TRUST, 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 December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters,hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On September 21,2018, Respondent was found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(c),Section 22-231(12)(n)and Section 22-228(1)for a damaged roof and damaged lanai screen that have not been repaired. 2. This violation occurred on property owned by the Respondent and located at 2172 Kings Lake Blvd,Naples, Florida, Folio No. 52853080005. 3. Respondent was ordered to abate the violation on or before March 21,2019 or a fine of$250.00 per day would be assessed for each day the violations continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5563,PG 2328). 4. The violation was abated by the Respondent as of October 3,2019,and fines have accrued from March 22,2019 to October 3, 2019(196 days)at$250.00 per day for a total amount of $49,000.00. 5. Previously assessed operational costs of$111.95 incurred by the County in the original prosecution of this case have been paid. 6. Respondent,having been duly noticed for the public hearing regarding the County's Motion,was not present at the hearing,but was represented by Timothy Stephens,father of the beneficiary of the Trust, Jason E. Stephens. 7. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. 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. Based on Respondent's abatement of the violation and payment of operational costs, no accrued fines will be imposed. B. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this(di j\ day of December 2019 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzet,Clerk of Courts in and for Collier County do hr srby cert`pat move Inst ument is a true and correct eV/af'n fi iti • r County,Florida By, , , _� eputy Clerk �, il�#e`' �1 a i • 'l : B' IIA . G• :I' WON ;its 1 1. i.. `i PAYMENT.OB`FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier '`.Eg ntyOo4 nforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 24 6,1b vww.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 on this /7 day of December, 2019 to Respondent, Jason E Stephens Trust, 2621 Tarpon RD,Naples, FL 34102. l � Code Enforcement Official INSTR 5810126 OR 5712 PG 1304 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT REC$27.00 SPECIAL MAGISTRATE Case No.—CENA20190009179 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. CLEYO R.WAGGONER, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Virginie Giguere, an investigative officer with Collier County Code Enforcement,to Respondent, CLEYO R.WAGGONER,the owner of property located at 5259 Raintree Lane,Naples, Florida 34113,Folio No. 60785920005. 2. Respondent was duly notified of the date of hearing by certified mail and by posting,but did not appear at the public hearing. 3. Respondent is charged with violating Collier County Code of Laws& Ordinances, Chapter 54, Article VI, Section 54-179, Section 54-181 and Section 54-185(a),at the subject property in the following particulars: Man made piles of vegetative debris considered to be litter and weeds in the rear Yard over 18 inches tall. 4. 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. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violating Collier County Code of Law& Ordinances Chapter 54, Article VI, Section 54-179, Section 54-181 and 54-185(a),which prohibits the growth of weeds, grass and vegetation at a height of 18 inches or higher,and the accumulation and/or outside storage of litter including,but not limited to, gathered piles of vegetative debris. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before January 6,2020. C. Respondent must abate the violation by: Removing any and all unauthorized accumulation of litter and/or outside storage of litter,including,but not limited to,vegetative debris on or before December 20,2019 or a fine of$100.00 per day will be imposed until the violation is abated. D. 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. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED on this ( day of December 2019 at Naples,Collier County,Florida. l: 40/, COLLIER COUNTY CODE ENFORCEMENT ..,• SPECIAL MAGISTRATE t iop C °=1 itsend for Collier County cog"y su at iristaIInent is a'rue end correct ,DY '�Date. .� e . l q ,'�f ,aer Coanty,Flo �• _���.•:11. � 'i I Deputy Clerk f� ai A u . ma ' •' NDA C. GAETSON • PCORIOIc 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 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 on this /7 day of December, 2019 to Respondent, Cleyo R Waggoner, 5259 Raintree LN,Naples, FL 34113. 11( Code Enforcement Official INSTR 5810127 OR 5712 PG 1307 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20190001079 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents,PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST, are the owners of the subject real property located at 111 Capri Boulevard,Naples,Florida 34113, Folio No. 52396480007. 2. Respondents were duly notified of the date of hearing by certified mail and posting, and were represented at the public hearing by James Schultz,as trustee of the James Schultz Trust, and with authority to appear on behalf of Respondent,the Patricia Schultz Trust. 4. The subject real property owned by Respondents is in violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(1)(e)(i) in the following particulars: A boat lift was erected on the subject property without first obtaining a valid Collier County permit,proper inspections and a Certificate of Completion/Occupancy. 5. The violation was not 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 ORDERED: A. Respondents are found guilty of violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i). B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before January 6,2020. C. Respondents are also ordered to abate the violation by obtaining either the required Collier County building permit or demolition permit, all inspections and a Certificate of Completion/ Occupancy for the boat lift on or before February 6,2020 or a fine of$100.00 per day will be imposed until the violation has been abated. D. Respondents must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. E. If the Respondents fail to abate the violation as ordered,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 of this Order,and all costs of abatement shall be assessed to the property owner. DONE AND ORDERED on this ' ►V 1 day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT u x'`` SPECIAL MAGISTRATE `•C;14914P;; {;,C in End for Collier County tr +" ttle•Or&ii s*;ument is a true and correct =>an •' County,Florida � �.Q Deputy Clerk ,'e — E— C) ENDA C. GA'.'i T ON PA = ENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier Coil*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 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 on this /7 day of December, 2019 to Respondents, Patricia Schultz Trust and James Schultz Trust, 111 Capri Blvd,Naples, FL 34113. Code Enforcement Official INSTR 5810128 OR 5712 PG 1310 RECORDED 12/31/2019 11:13 AM PAGES 3 COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA REC$27.00 Case No.—CEEX20190012445-DAS BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ELDER RODRIGUEZ and SONIA CABRERA Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on November 1,2019 upon Respondents' Appeal of the determination by Collier County Domestic Animal Services that Respondents' dogs are dangerous dogs and the Special Magistrate, having heard evidence and argument respective to all appropriate matters, and being duly advised in the premises, hereupon issues her Findings of Fact, Conclusions of Law,and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On the date and time of the incident,which is the subject of this appeal, Respondents were the owners of the following three dogs: a. "Cali"(A204488),Blue, Spayed Terrier Bully mix type dog,approximately four(4) years old. b. "Achilles"(A229017), Brown,Male/Neutered,Terrier Bully mix type dog, approximately two(2)years old; c. "Zeus"(A237433),Blue,Male/Neutered,Terrier Bully mix type dog, approximately three(3)years old; 2. Based on an incident involving all three of Respondents' dogs that occurred on December 28, 2018, in which a woman was severely bitten by all three dogs and suffered serious injuries, a determination was made by the appropriate supervisor at Domestic Animal Services that"Cali", "Achilles"and"Zeus"each meet the criteria set forth in Collier County Laws and Ordinances, Chapter 14,Article II, Section 14-38 and Subsection 767.12(1)(c)to be declared a dangerous dog. 3. Subsequent to the date of the incident and based on their own determination that"Zeus"was the initial and primary aggressor in this incident and has shown aggression in prior situations, Respondents voluntarily allowed the dog named"Zeus"to be euthanized. 4. Respondents appeared for the hearing, presented testimony and other evidence and made argument against the determination that"Cali"and"Achilles" meet the Ordinance definition of dangerous dogs. 5. Domestic Animal Services presented evidence that the dogs had all aggressively bitten a woman and her dog, inflicting serious injury on both,which was the basis for their determination that the dog, "Cali"and"Achilles"were dangerous dogs as defined in the above-referenced Collier County Ordinance. 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. Respondents' Appeal of Collier County Domestic Animal Services' determination of her dogs, Cali and Achilles, as dangerous dogs is DENIED. DONE AND ORDERED this / day of November 2019 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT f°u' SPECIAL MAGISTRATE I.Crystal/F.•h& C'erk , heata , , G in and,for Coliier County t4h tt .. cn;,y 0t q wrol is a rue z,fld correct Cy: iiC �o JY. I Aida Date: i. ;, e uhy Clerk S. ,M1b • : f . •''', ' B' ' DA C. G• . . TSON 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 on this /7 day of December, 2019 to Respondents, Elder Rodriguez and Sonia Cabrera, 1526 Sugarberry St,Naples,FL 34117. 2?-e ^-•t- ) 1A-1% i'jj/ Code Enforcement Official INSTR 5810129 OR 5712 PG 1313 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CENA20190011830 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. SHELLY F.PIKE (DUNN), Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Virginie Giguere, an investigative officer with Collier County Code Enforcement,to Respondent, SHELLY F. PIKE(DUNN),the owner of property located at 4110 Mindi Avenue,Naples, Florida 34112, Folio No. 67492480006. 2. Respondent was duly notified of the date of hearing by certified mail and by posting, and appeared at the public hearing. 2. Respondent is charged with violating Collier County Land Development Code 04-41,as amended, Section 2.02.03,and Collier County Code of Law& Ordinances,Chapter 54,Article VI, Section 54-179 and Section 54-181,at the subject property in the following particulars: The accumulation of litter and outside storage of litter on the subject property,including,but not limited to,garbage bags,plastic,bins and cardboard. 4. 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. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violating Collier County Land Development Code, 04-41, as amended, Section 2.02.03,and Collier County Code of Law&Ordinances Chapter 54,Article VI, Section 54-179 and Section 54-181,which prohibit the accumulation and/or outside storage of litter including, but not limited to, garbage bags,plastic,bins and cardboard. B. Respondent is ordered to pay the operational costs in the amount of$111.75 incurred in prosecuting this case on or before January 6,2020. C. Respondent must abate the violation by: Removing any and all unauthorized accumulation of litter and/or outside storage of litter,including,but not limited to, garbage bags,plastic,bins and cardboard on or before December 13,2019 or a fine of$100.00 per day will be imposed until the violation is abated. D. 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. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED on this OA day of December 2019 at Naples, Collier County,Florida. C r Y •• f,, 't COLLIER COUNTY CODE ENFORCEMENT 44 SPECIAL MAGISTRATE Grystp .i iazaj • • df C&rte in and for Collier County dahe Y 3ifk ha ' bavenstrument is a:nue and correct Cdp'y f '"C % County,Florida _ Deputy Clerk Date: :'' DA C. Gni ETSON 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 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 on this /7 day of December, 2019 to Respondent, Shelly F Pike(Dunn),4110 Mindi Ave,Naples, FL 34112. Code Enforcement Officia i INSTR 5810130 OR 5712 PG 1316 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COWER COUNTY FLORIDA SPECIAL MAGISTRATE REc$27.00 Case No.—CENA20190012080 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. FRANK ORTIZ and MARYELLEN ORTIZ, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact,Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Thomas Pitura,an investigative officer with Collier County Code Enforcement,to Respondents, FRANK ORTIZ and MARYELLEN ORTIZ,the owners of property located at 17 Salinas Drive,Naples,FL 34114, Folio No. 68340680009. 2. Respondents were duly notified of the date of hearing by certified mail and by posting, and Respondent, FRANK ORTIZ,appeared at the public hearing and entered into a Stipulation with Petitioner on behalf of himself and Respondent,MARYELLEN ORTIZ,that was accepted by the Special Magistrate. 3. Respondents are charged with violating Collier County Code of Law&Ordinances, Chapter 54,Article VI, Section 54-181 and Section 54-185(a)and Collier County Land Development Code 04-41, as amended, Section 2.02.03,at the subject property in the following particulars: High grass in excess of 18 inches and outside storage of litter including, but not limited to, household,auto and construction materials. 4. The violation had 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, Section 2.02.03, IT IS HEREBY ORDERED: A. Respondents are found guilty of repeat violations of Collier County Code of Law& Ordinances,Chapter 54,Article VI, Section 54-181 and Section 54-185(a), and Collier County Land Development Code 04-41, as amended, Section 2.02.03,which prohibit the recurring high grass,weeds and overgrowth in excess of 18 inches and the accumulation and/or storage of litter including, but not limited to, household items, auto and construction materials. B. Respondents are ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting of this case on or before April 6,2020. DONE AND ORDERED on this (Ail day of December 2019 at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kine,Cierktof Courts in and for Colder County do herby cert y`th.t the abovcfn rument is a;rue and correct copy oft .i ei I';in Coll i t,Florid. By: , • Date a,d' Vl�r� • ' f'eputyClerk : ' NDA C. GA's' TSON PA(YMDNT 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 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 on this/lday of December,2019 to Respondents,Frank Ortiz and Maryellen Ortiz, 5630 Cedar Tree LN,Naples, FL 34116. ,rte Code Enforcement a fficial , INSTR 5810131 OR 5712 PG 1319 RECORDED 12/31/2019 11:13 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20190009898 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. REYNOLDS CAVINS and EDIE HUNTER-CAVINS, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. The Notice of Violation was issued by Daniel Hamilton,an investigative officer with Collier County Code Enforcement,to Respondents, REYNOLDS CAVINS and EDIE HUNTER- CAVINS,the owners of property located at 108 Cardinal Court,Everglades City,Florida 34139,Folio No. 1208240001. 2. Respondents were duly notified of the date of hearing by certified mail and by posting, Respondent, EDIE HUNTER-CAVINS, appeared at the public hearing and entered into a Stipulation with Petitioner on behalf of herself and Respondent,REYNOLDS CAVINS,that was accepted by the Special Magistrate. 3. Respondents are charged with violating Collier County Code of Law& Ordinances, Chapter 54,Article VI, Section 54-179, at the subject property in the following particulars: Unauthorized accumulation of litter from a burned down travel trailer on residential property. 4. 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. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violating Collier County Code of Law& Ordinances Chapter 54,Article VI, Section 54-179,which prohibits the accumulation and/or storage of litter from a burned down travel trailer. B. Respondents are ordered to pay the operational costs in the amount of$111.65 incurred in prosecuting this case on or before January 6,2020. C. Respondents must abate the violation by: Removing all unauthorized accumulation of litter from a burned down travel trailer to a site intended for the proper final disposal of such litter on or before January 6,2020 or a fine of$100.00 per day will be imposed for each day the violation remains unabated thereafter. D. 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. E. If Respondents fail to comply with this Order,the Collier County Code Enforcement Division 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 in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED on this day of December 2019 at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT C `'< f(n e1,Ct rk 91.Court44iN.rtd for Coliier County SPECIAL MAGISTRATE oft y tjtat6l 46 .irrst tei t is a Yue eind correct Lopitt, o ,itiattll• CoWxly Aida I Deputy Clerk Date, • - ik :'fib B= NDA C. • '.' SON F,`:i�i;A 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 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. BOARD OF COUNTY COMMISSIONERS t Collier County, Florida Petitioner, vs. Case No. CENA20190009898 Reynolds Cavins and Edie Hunter-Cavins Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned,(d 14u,,1cr , on behalf of hers l4'4r, Pe/vit e lac , enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20190009898 dated the 231d day of August, 2019. 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 December 06, 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$111.65 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing all unauthorized accumulation of litter from burned down travel trailer to a site intended for final disposal 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 of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Cristina Perez Supervisor for Michael Ossorio, Director Code Enforcement Division % _ L/ , Respondent or Representative (print) Date cr Date REV 3-29-16 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 on this/7 day of December, 2019 to Respondents, Reynolds Cavins and Edie Hunter-Cavins, PO Box 348, Everglades City, FL 34139. Code Enforcement Official d INSTR 5810132 OR 5712 PG 1323 RECORDED 12/31/2019 11:13 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT REC$27.00 SPECIAL MAGISTRATE Case No.—CEAU20190004250 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BEGERL CHERY and MIRNA CHERY, Respondents. 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 December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters,hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On August 2, 2019,Respondents were found guilty of violation of the Florida Building Code 6th Edition(2017),Building, Chapter 1 —Scope and Administration, Part 2 Administration and Enforcement, Section 105,Permits, 105.1,as adopted by Collier County and incorporated into Collier County Laws and Ordinances, for erecting a vinyl fence without a current permit. 2. This violation occurred on property owned by the Respondents and located at 13392 Covenant Road,Naples, Florida 34114, Folio No. 77390001043. 3. Respondent was ordered to abate the violation on or before September 2,2019 or a fine of$50.00 per day would be assessed for each day the violations continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5665,PG 1709). 4. The violation was abated by the Respondent as of November 22,2019,and fines have accrued from September 2,2019 to November 22, 2019(81 days)at$50.00 per day for a total amount of $4,050.00. 5. Previously assessed operational costs of$111.80 incurred by the County in the original prosecution of this case have been paid. 6. Respondents,were duly noticed for the public hearing regarding the County's Motion,but were not present at the hearing. 7. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. 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. Based on Respondents abatement of the violation and payment of operational costs,no accrued fines will be imposed. B. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this .54t1 day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal/(,:icrczel,Clerk of Courf in end for Collier County SPECIAL MAGISTRATE do hee. that the avo In;�t;firltent la U'rue End correct spy ,d1i • 'er CO ,Florid• By: y Date: : I Deputy Clerk t` 4111k 4` DA C. G'• ' TON P 'VMENT 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 on this /7 day of December, 2019 to Respondents, Begerl Chery and Mirna Chery, 13392 Covenant RD,Naples, FL 34114. jee-rcot- Code Enforcement Official