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CESM Orders 02/2020 eeC. Z -12-10 Cotter County Growth Management Department Code Enforcement Division DATE: February 5, 2020 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,Florida 34104.239-252-2440•www.colliergov.net _ .r INSTR 5828097 OR 5726 PG 3243 RECORDED 2/12/2020 4:21 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEA20190003179 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. THOMAS M.AIELLO and SHARI COSME AIELLO, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 7, 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,THOMAS M.AIELLO and SHARI COSME AIELLO are the owners of the subject real property located at 3440 7'h Avenue SW,Naples, Florida 34117, Folio No. 36765241000. 2. Respondents were duly notified of the date of hearing by certified mail and posting but did not appear at the hearing having entered into a Stipulation with Petitioner that resolved all matters and that was accepted by the Special Magistrate. 4. The subject real property owned by Respondents is in violation of the Collier County Land Development Code 04-41,as amended. Section 4.02.07 in the following particulars: The keeping of livestock animals totaling more than the allowed five(5)animals for the particular acreage(2.58). 5. The ‘iolation was abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes..and Collier County Ordinance No.07-44,as amended, it is hereby ORDERED: A. Respondents are found guilty of violation of the Collier County Land Development Code. 04-41 as amended, Section 4.02.07. B. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of 5111.95. C. Respondents are also ordered to pay a ci%it penalty in the amount of S500.00. D. The ci it penalty and costs in the total amount of S611.95 are to be paid bv Respondents on or before September 2,2019. DONE AND ORDERED on this day of August 2019 at Naples, Collier County, Florida. ;` COLLIER COUNTY CODE ENFORCEMENT ` SPECIAL MAGISTRATE I,'Cal K 6etk.. ColtrtsA and for Collier County do ar y fl ,$t'es ve Ins ent is a true and correct coplt,. e 'inal tiled r.,,ier:C�jnty,Florida By ��_ . : i1 Deputy Clerk � 'A Data 41 ' DA . ARRETS•N �t 'IY 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 I lorseshoe 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 this day of August 2019 to the following: THOMAS M. AIELLO SHARI COSME AIELLO 3440 T" Avenue SW Naples. Florida 34117 Code Enforcement Official t•, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CEA20190003179 Thomas M. Aiello & Shari Cosme Aiello Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Shari Cosme Aiello, on behalf of herself and Thomas M. Aiello, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEA20190003179 dated the 2151 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 June r, 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$111.95 incurred in the prosecution of this case within 30 days of this hearing. 2) Paying a civil penalty of $500.00 for the repeat violation within 30 days of this hearing. Wtei—k/-6 Respondent or Representative (sign) Cristina Perez. Supery sor for Michael Ossorio, Director Code Enforcement Division gi4p/ A 1E-ZZO /9 Respondent or Representative (print) Date /510? / 9 Date STATE OF FLORIDA COUNTY OF COLLIER Sworn too affirmed by)and subscribed before me on this day of� ov. • `ELICIA PULSE MgMY COMMISSION s GG295055 I` FOFr d" EXPIRES February 08.2023 (Signature o ary Public) Personally known_ or produced identification D �'/ b�I Print/Type/Stamp Commissioned Type of identification produced DL 0_aSy 7 ((O7S t ne of Notary Public) REV 3-29-16 INSTR 5828098 OR 5726 PG 3246 RECORDED 2/12/2020 4:21 PM PAGES 3 CLERK OF THE CIRCUIT COURTAND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20190010526 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. GSR MORTGAGE LOAN TRUST, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 3, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusion of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, GSR MORTGAGE LOAN TRUST, is the owner of the real property located at 6654 Huntley Lane North,Naples, Florida 34104, Folio No. 23946003850. 2. Respondent was duly notified of the date of hearing by certified mail and posting but did not appear at the public hearing. 3. The real property of the Respondent, is in violation of the Florida Building Code, Sixth Edition (2017), Building, Chapter 4, Section 454.2.17.1 through 454.2.17.3, Residential Swimming Barrier Requirement, as adopted and incorporated into the Collier County Code of Laws and Ordinances and the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n) in the following particulars: A damaged screen enclosure/protective barrier of an outdoor swimming pool with missing screens. 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. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the the Florida Building Code, Sixth Edition (2017),Building, Chapter 4, Section 454.2.17.1 through 454.2.17.3,Residential Swimming Barrier Requirement,as adopted and incorporated into the Collier County Code of Laws and Ordinances and the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231 (12)(n), in that Respondent's swimming pool screen enclosure is damaged and has missing screens. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.70 on or before February 3,2020. C. Respondent must abate the violation by obtaining all required Collier County Building Permit(s), all Inspection(s),and the Certificate of Completion for the repair or replacement of the damaged permanent protective pool barrier on or before February 3,2020 or a fine of $150.00 per day will be imposed for each day the violation remains thereafter. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order to conduct a final inspection to confirm compliance with this Order. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate 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 to 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 this 3 c& day of January 2020 at Naples,Collier County,Florida. :0 X40COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,C,s"ri t(in a.{C k of'CSrts in aid for Collier County do hi ,1.y atW4tfovc-i stiUmet is a true and correct pr}oi • i' n91 in-t�r ,ounty;-Florida i- ey a Deputy Clerk " s► • Daae. ,fl;u, �lt• �-- -�:i5i' toy NDA C. GA' 4 ON U4 !�l tt J��'b 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 3 day of February, 2020 to Respondent, GSR MORTGAGE LOAN TRUST, Attn: Vault Department, 5720 Premier Park Dr, West Palm Beach, FL 33407. Code Enforcement Offici.'1 INSTR 5828099 OR 5726 PG 3249 RECORDED 2/12/2020 4:21 PM PAGES 3 CLERK OF THE CIRCUIT COURTAND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20190011460 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. IRIS LABRIE Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on December 6,2019,and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, 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 property located at 266 6th Street West, Bonita Springs, Florida 34134, Folio#55901120005. 2. Respondent was notified of the date of hearing by certified mail and posting, but did not appear at the public hearing. 3. The real property is in violation of Collier County Laws& Ordinances, Chapter 22,Article VI, Section 22-231(15), in the following particulars: Koi pond is not being properly maintained and the water in the pond is green in color. 4. 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.2007-44,as amended, IT IS ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15)for failing to properly maintain a koi pond on her property. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.80 on or before March 6,2020. C. Respondent must abate the violations by chemically treating the pond water, killing the algae growth and maintaining the filtration system to keep the pond water clean and by providing bi- weekly treatments,OR by chemically treating the pond water, killing the algae growth and covering the pond to prevent safety hazard, insect infestations and the intrusion of rain water OR by draining the pond of water, removing the structure of the pond and filling in the resulting ground area to prevent any excessive accumulation of water, on or before March 6,2020 or a fine of$250.00 per day will be imposed for each day the violation remains until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator,John Connetta,within 24 hours of abatement or compliance so that a final site inspection may be performed to confirm compliance. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation on her behalf using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the terms of this Order. All costs of abatement shall be assessed to the property owner and may become a lien on the property. DONE AND ORDERED this 3lSk" day of January 2020,at Naples,Collier County,Florida. AA COLLIER COUNTY CODE ENFORCEMENT ti= SPECIAL MAGISTRATE ,t•Cr atalK 4 i to f turfs �nd for Collier County do IQ, 1• :r; �t'p tt,at tllA ;.�•.instr ent is a true and correct copy o i. .1 •i •r.Co014tyr;Florida • B : ....immirsaR Al _• Deputy Clerk Date: O. ♦ �' al • OrL �.'.,Sti 3 ti J4 �. . 0(c. r ..' : C ' - 't NDA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-2440, or www.Colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this 6 day of February,2020 to Respondent, Iris Labrie,PO Box 2365,Bonita Springs, FL 34133. AUt Code Enforcement Official INSTR 5828100 OR 5726 PG 3252 RECORDED 2/12/2020 4:21 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT REC$27.00 INDX$1.00 SPECIAL MAGISTRATE Case No.—CENA20190008010 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. J.C. LAMBERT, APOLLO LAMBERT and MATTHEW LAMBERT, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 3, 2020, 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 Respondents, J.C. LAMBERT, APOLLO LAMBERT and MATTHEW LAMBERT,the owners of property located at 3450 Cherokee Street,Naples, Florida 34112, Folio No. 74413960006. 2. Respondents were duly notified of the date of hearing by certified mail and by posting,but did not appear at the public hearing. 3. Respondents are 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: Outside storage/litter consisting of tires,water heaters,mirrors, plastic,metal,wood,cans,buckets,car parts and trash. 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 Laws&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,tires,plastic,metal,wood cans,buckets, car parts and trash. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before February 3,2020. C. Respondent must abate the violation by: Removing any and all unauthorized accumulation and/or outside storage of litter from the property to a site intended for final disposal or store items within a completely enclosed structure on or before February 17,2020 or a fine of fine of$100.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator when the violation has been abated In order to conduct a final inspection to confirm compliance. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any appropriate 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 to 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 (4-d day of January 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT rSPECIAL MAGISTRATE I,Crystal K.Iatzei,Cie C.:WO' for glfier County do hearty certify fhaf tt apgye in-0.•4 .nt is atrue End correct copy of A.originat.filed inn G.} • ,•Flgrida By: __.. . • Deputy Clerk ,� Date: .: Jr AAl^� * G NDA C. G '1'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 6 day of February,2020 to Respondent(s),J C Lambert, Apollo Lambert and Matthew Lambert, 3450 Cherokee St,Naples, FL 33962. Code Enforcement Official