CESM Agenda 08/07/2020
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
August 07, 2020
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
V. MOTIONS
A. MOTIONS
1. CASE NO: CELU20200000904
MOTION TO TRANSFER CASE FROM THE OFFICE OF
THE SPECIAL MAGISTRATE TO CODE
ENFORCEMENT BOARD
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and Section 2.02.03. The
processing/recycling of gravel, stone/concrete and earthly
material without a conditional use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
2. CASE NO: CELU20200000904
MOTION TO DISMISS NOTICE OF VIOLATION OR
LIMIT HEARING
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
3. CASE NO: CELU20200000904
MOTION TO REQUEST FOR APPROVAL FOR
ISSUANCE OF SUBPOENAS
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
B. MOTION FOR CONTINUANCE
C. MOTION FOR EXTENSION OF TIME
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CELU20200000904
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
2. CASE NO: CELU20200001825
OWNER: Daniel Guerrero and Juana Alvarez Teran
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
FOLIO NO: 37066360003
PROPERTY 108 11th St NW, Naples, FL 34120
ADDRESS:
3. CASE NO: CELU20190014318
OWNER: Udene M Torres and Andres Torres
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03 and Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95. A vehicle
parked on an unimproved lot.
FOLIO NO: 61482160002
PROPERTY 3116 Linwood Ave, Naples, FL 34112
ADDRESS:
4. CASE NO: CEPM20200002714
OWNER: Wolfgang Hutzenlaub
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22,
Article VI, Section 22-231(15). An unmaintained pool.
FOLIO NO: 61780200004
PROPERTY 3179 Caledonia Ave, Naples, FL 34112
ADDRESS:
5. CASE NO: CESD20190012281
OWNER: Rickey Lee Hanks II and Krystal Hanks
OFFICER: Bradley Holmes
VIOLATIONS: 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). An
unpermitted treehouse on the property.
FOLIO NO: 36710960006
PROPERTY 3875 7th Ave NW, Naples, FL 34120
ADDRESS:
6. CASE NO: CES20200003887
OWNER: ML LAND LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 5.06.06(A) and 5.06.06(A)(8). Multiple prohibited
signs (flutter flags/wind signs) in the right of way.
FOLIO NO: 418400700
PROPERTY 3713 Milano Lakes CIR, Naples, FL 34114
ADDRESS:
7. CASE NO: CEPM20200000248
OWNER: Reynaldo Estrada EST
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1) and 22-231(12)(c). Vacant
mobile home with blue tarp in disrepair along with down trees
and tree limbs on the property.
FOLIO NO: 66220280000
PROPERTY 419 15th St SE, Immokalee, FL 34142
ADDRESS:
8. CASE NO: CEPM20200000033
OWNER: PRIME HOMES AT PORTOFINO FALLS
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(p), 22-231(12)(i) and 22-
228(1). Broken window in the upstairs bathroom, water stains
on ceiling in living room and upstairs bedroom caused by water
leaks from the roof and AC unit.
FOLIO NO: 32425006204
PROPERTY 7074 Venice Way Unit #2602, Naples, FL 34119
ADDRESS:
9. CASE NO: CEPM20190002611
OWNER: Bertha S Hall ET AL
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant
dwelling with roof damage and a damaged accessory structure
(shed).
FOLIO NO: 56403440004
PROPERTY 209 Eustis Ave E, Immokalee, FL 34142
ADDRESS:
10. CASE NO: CEPM20200000949
OWNER: Rena Bell Jackson ET AL
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b), 22-231(12)(c), 22-
231(12)(i), 22-231(12)(l), 22-231(12)(p), 22-231(9), 22-231(20)
and 22-228(1). Several non-working smoke detectors, exposed
electrical wires, holes in exterior walls, holes in interior walls
and ceilings. Windows that are boarded and some that are
broken along with ripped/torn screens on several windows.
Roof/soffit damage, insect infestation and overall general
maintenance issues.
FOLIO NO: 24371040005
PROPERTY 307 S 2nd St, Immokalee, FL 34142
ADDRESS:
11. CASE NO: CENA20190013050
OWNER: Jacob Lee Gallegos
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Accumulation of litter/outside storage of items consisting of, but
not limited to, several wooden pallets and several concrete
blocks on unimproved residential property.
FOLIO NO: 30731920005
PROPERTY 2401 Eden Ave, Immokalee, FL 34142
ADDRESS:
12. CASE NO: CEROW20190009459
OWNER: Angelo Lucarelli and Gail M Lucarelli
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Section 110-31(a). Digging in preparation for replacement of
culvert pipe without required Collier County permits,
inspections and certificate of completion/occupancy.
FOLIO NO: 62783560009
PROPERTY 795 100th Ave N, Naples, FL 34108
ADDRESS:
13. CASE NO: CENA20200005561
OWNER: Igor Pereverzev
OFFICER: Junior Torres
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds/grass over 18 inches in
height throughout the property.
FOLIO NO: 77410680001
PROPERTY 1000 Trail Terrace DR, Naples, FL 34103
ADDRESS:
14. CASE NO: CEV20200005263
OWNER: Agatha Wenting and Guillermo Cabada
OFFICER: Junior Torres
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed vehicles on the property
as well as vehicles parked on the grass.
FOLIO NO: 68046600008
PROPERTY 3423 Dorado Way, Naples, FL 34105
ADDRESS:
15. CASE NO: CEV20200003618
OWNER: Martha Cisneros
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A) and Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95.
Unlicensed vehicles parked on the grass.
FOLIO NO: 769240004
PROPERTY 980 Auto Ranch RD, Unit 1, Naples, FL 34114
ADDRESS:
16. CASE NO: CESD20190007000
OWNER: Guerline Norbrun
OFFICER: Tony Asaro
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i).
Unpermitted window replacement.
FOLIO NO: 36457760006
PROPERTY 3037 54th LN SW, Naples, FL 34116
ADDRESS:
17. CASE NO: CEAU20200000814
OWNER: Cholet Louis and Myrlande Altema
OFFICER: Virginie Giguere
VIOLATIONS: Florida Building Code 2017, Chapter 1, Part 2, Section 105.1.
Fence erected prior to obtaining Collier County Building
permits.
FOLIO NO: 25967801521
PROPERTY 14610 Chickee DR, Naples, FL 34114
ADDRESS:
18. CASE NO: CENA20190006751
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831280009
PROPERTY No Site Address- Becca Ave, Naples, FL 34112
ADDRESS:
19. CASE NO: CENA20190006753
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831240007
PROPERTY No Site Address – Becca Ave, Naples, FL 34112
ADDRESS:
20. CASE NO: CEEX20200003349-DASV20-006714
OWNER: Marisela Nunez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(B). Dog (“Hurricane”) running at
large.
FOLIO NO:
PROPERTY 1609 7th Ave, Immokalee, FL 34142
ADDRESS:
21. CASE NO: CEEX20200003357-DASV20-006715
OWNER: Marisela Nunez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(B). Dog (“Gucci”) running at large.
FOLIO NO:
PROPERTY 1609 7th Ave, Immokalee, FL 34142
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEROW20190012591
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Paved driveway entering the
County Right-of-way without any permit.
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
2. CASE NO: CEV20190010688
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). More than forty percent (40%) of the front
yard has been paved.
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
3. CASE NO: CESD20190007418
OWNER: UOOLIGAN NAPLES MANOR RE LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). A 1,351 square foot wooden
structure was built on the subject property without first
obtaining a valid Collier County permit.
FOLIO NO: 62150200002
PROPERTY 11163 Tamiami Trail E, Naples, FL 34113
ADDRESS:
4. CASE NO: CEV20190011511
OWNER: Tod Farrington and Jennifer Farrington
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95 and 130-96(a). Multiple
inoperable/unregistered vehicles, boat trailers and a recreational
travel trailer are being stored on the property.
FOLIO NO: 1134000001
PROPERTY 220 Old Train LN, Copeland, FL 34137
ADDRESS:
5. CASE NO: CEROW20180011261
OWNER: KEYESTONE REAL EST HOLDINGS LLC
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Brick pavers and parking stops,
creating parking spaces, were placed in the County Right-of-
way without obtaining required Collier County permits.
FOLIO NO: 70721440005
PROPERTY 3135 Terrace Ave, Naples, FL 34104
ADDRESS:
6. CASE NO: CEPM20180009429
OWNER: LAKEVIEW LOAN SERVICING LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(i), 22-231(9), 22-231(11), 22-
231(2), 22-236 and 22-231(19). Dangerous/hazardous structure
with multiple Property Maintenance violations.
FOLIO NO: 67492880004
PROPERTY 4411 Rose Ave, Naples, FL 34112
ADDRESS:
7. CASE NO: CESD20180005821
OWNER: Christopher Bryan and Julia Bryan
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction
of a pergola at the front entrance of the property without
required permits, inspections and certificate of completion.
FOLIO NO: 51494600007
PROPERTY 2257 Regal Way, Naples, FL 34110
ADDRESS:
8. CASE NO: CEPM20180012850
OWNER: Kathleen A McGrath
OFFICER: Tony Asaro
VIOLATIONS: Florida Building Code, 6th Edition, Chapter 4, Section 454.2.17
and Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a). Damaged/missing
residential swimming pool barrier.
FOLIO NO: 691450080005
PROPERTY 10161 Regent CIR, Naples, FL 34109
ADDRESS:
9. CASE NO: CEV20190007829
OWNER: Carole A Alleman
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle on the property.
FOLIO NO: 37981280006
PROPERTY 3311 11th Ave SW, Naples, FL 34117
ADDRESS:
10. CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(e). Shed built without a building permit.
FOLIO NO: 36665760005
PROPERTY 4190 3rd Ave NW, Naples, FL 34119
ADDRESS:
11. CASE NO: CESD20190001079
OWNER: PATRICIA SCHULTZ TRUST and JAMES SCHULTZ
TRUST
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). 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.
FOLIO NO: 52396480007
PROPERTY 111 Capri Blvd, Naples, FL 34113
ADDRESS:
12. CASE NO: CENA20190014109
OWNER: Jones Napoleon
OFFICER: Thomas Pitura
VIOLATIONS: 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. Litter
and/or illegal outdoor storage including, but not limited to,
household, auto and construction materials.
FOLIO NO: 25967800360
PROPERTY 14573 Apalachee St, Naples, FL 34114
ADDRESS:
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY SEPTEMBER 4, 2020 AT 9:00 A.M.
XIII. ADJOURN
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12960) DOC ID: 12960
Updated: 7/27/2020 3:06 PM by Elena Gonzalez Page 1
CELU20200000904 FOGGS INVESTMENTS LLC
CASE NO: CELU20200000904
MOTION TO TRANSFER CASE FROM THE OFFICE OF
THE SPECIAL MAGISTRATE TO CODE
ENFORCEMENT BOARD
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 1.04.01(A) and Section 2.02.03. The
processing/recycling of gravel, stone/concrete and earthly
material without a conditional use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
5.A.1
Packet Pg. 12
PerezCristina
From:
Sent:
To:
Cc:
Subject:
OssorioMichael
Wednesday, July 1 5, 2020 3:16 PM
PerezCristina
LetourneauJeffrey
FW: Foggs Nursery Matter
Fyi
From : KlatzkowJeff <J eff. Klatzkow@col I iercou ntyfl.gov>
Sent: Wednesday, July 15, 2O2O 2:14 PM
To: coleen@cjmaclaw.com
Cc: OssorioMichael <M ichael.Ossorio@colliercountyfl.gov>
Subject: Foggs Nursery Matter
Ms. MacAlister:
I am in receipt of your motion to transfer the Foggs Nursery matter from the Special Magistrate to the Code
Enforcement Board.
There is no mechanism on a staff level to transfer cases between the Special Magistrate and the Code
Enforcement Board. You are of course welcome to request this from the Special Magistrate when this matter is
heard. Should such a request be made, staff will likely object, as it is staff s belief, which I concur with, that the
Special Magistrate is better equipped to handle the complexities of this matter. Staff will, however, adhere to
whatever ruling the Special Magistrate may make should you ask for such relief.
As always, please feel free to call me should you have any questions
Jeffrey A. Klatzkow
Collier County Attorney
(23e) 2s2-2614
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a
public records request, do not send electronic mailto this entity. lnstead, contact this office by telephone or in writing.
1
5.A.1.a
Packet Pg. 13 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
Coliier County, FL Code of Ordinances Page 1 of 1
Sec.2-2022. - Qualification, appointment, and removal of Special lVagistrates
Appointment of a Special lVagistrate shall be based on the following qualifications and terms:
(1) The Commission shall appoint as many Special lVlagistrates as deemed
necessa ry.
(2) Special Magistrates shall at minimum: (a) be a graduate of a lawschool
accredited by the American Bar Association; (b) demonstrate knowledge of
administrative law, land use law and local government regulations and
procedures; (c) be a member in good standing with the Florida Bar; and (d) be
either a certified mediator under the rules of the Florida Supreme Court, an
arbitrator qualified by a recognized Arbitration Association, or a former judge;
and (e) meet other such qualifications that may be established by resolution
of the Commission.
(3) Special Nlagistrate appointnnent shall be for a two-year term. Upon
recommendation of the Special Magistrate Review Board, any Special
Nlagistrate may be reappointed at the discretion of the Commission. There
shall be no limit on the number of reappointments that may be given to any
Soecial lVagistrate; provided a determination for removal or reappointment is
rnade for each individual Special lVagistrate at the end of each two-year term.
The Commission shall have authorityto remove a Special IVlagistrate with or
without cause upon ten days written notice.
{4) !f any Specia! N/agistrate resigns or is removed prior to expiration of his or
her term or the Review Board determines that the Special I\4agistrate should
nct be reappointed, the Review Board shall make a recommendation for
reappointment from the candidates previously interviewed to fill the vacancy
within 30 days.
(Ord. No. 2010-04, 5 1)
abou.t:blank 71t512020
5.A.1.a
Packet Pg. 14 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintifl
CASE NO. : CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
RENEWED MOTION TO TRANSFER CASE NUMBER CELU2O2OOOOO9O4 FROM THE
OFFICE OF THE SPECIAL MAGISTRATE TO CODE ENFORCEMENT BOARI)
COMES NOW, Respondent, FOGGS INVESTMENTS LLC, by and through its
undersigned counsel, and files this renewed motion to Transfer Case Number CELU20200000904
from the Office of the Special Magistrate to the Collier County Code Enforcement Board for
hearing. In support, Respondent would state as follows:
l. On or about January 23,2020, this case was opened by Collier County Code
Enforcement following a noise complaint by an undisclosed new homeowner in LaMorada, a
housing development recently completed next to Foggs. On January 24,2020, Code Enforcement
made an inspection visit to Foggs Nursery on Immokalee Road, which has been selling
landscaping materials in Collier County since 1987. On May 71,2020, Notice and an Order to
Correct Violations was posted on Foggs' property. A Notice of Hearing on the violation was
issued on June 24,2020, for a Hearing before the Office of the Special Magistrate on July 8,2020.
2. On June 25,2020, Foggs Investments filed a Molion to Continue the Hearing and a
Motion to Transfer Case Number CELU20200000904 from the Office of the Special Magistrate to
Page I of 5
VS.
5.A.1.a
Packet Pg. 15 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
the Code Enforcement Board. The motions were styled "Office of the Special Magistrate." [Exh
A, Motions]
3. On June 30,2020, counsel for Foggs Investments received an email from Christina
Perez of Code Enforcement stating that it had received Foggs' "written request" and that she had
"reviewed your request with the Division Director" and "will grant the continuance..." There was
no mention or reference to Foggs' Motion to Transfer the Hearing to the Code Enforcement Board.
[Exh B, Email from Christina Perez]
4. From the outset, Christina Perez has been an active participant in the investigation
and prosecution of Case Number C8LU20200000904 against Foggs.
5. In the initial Motion to Transfer, Foggs argued the Notice of Violation specifically
stated that failure to correct violations could result in "mandatory notice to appear," "issuance of a
citation" or "Code Enforcement Board review." (Emphasis added) On May 26,2020, Foggs,
through its counsel, sent Collier County Code Enforcement written notice that it objected to the
Notice of Violation dated May 11,2020, and specifically requested a hearing before the Code
Enforcement Board. [Exh C, notice]
6. Foggs' motion did not challenge the jurisdiction of the Office of the Special
Magistrate to hear the violation, but argued that it anticipated a fact and evidence-intensive hearing
and lengthy legal argument on a zoning matter that was not "cut and dry" and the composition of
the Code Enforcement Board, and its public debate before issuing a decision, would provide a
perspective that would be especially helpful in deciding whether a zoning violation had actually
occured. Mr. Fogg stated his belief that his right to due process would be best served by having
the more diversified Code Enforcement Board hear the case. [Exh A].
Page 2 of 5
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Packet Pg. 16 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
7. In moving for the transfer, Foggs argued, " The Code Enforcement Board also
employs its own legal advisor. Well-established Florida law states that traditional notions of
justice and fair play prohibit an administrative board from having a single attomey act as both the
prosecutor and legal adviser to the Board. Impartiality and zealous representation are inherently
incompatible in the same person at the same time."
8. It is abundantly clear that in this case, Foggs' motions for continuance and transfer
were never even seen by the Office of the Special Magistrate, much less ruled upon by that Office
Foggs motion to continue was decided by one of the prosecutors of the case and the Code
Enforcement Division Director and apparently, together, they decided to simply ignore Foggs'
request for transfer of the case. Here, not even a county attorney was involved. Instead it was the
prosecuting administrative department that decided motions brought by the responding party.
9. If the argument is that Foggs did not follow proper procedure for filing the motions,
then the motions should have been returned, not ruled on and ignored.
10. It does not appear that either Florida statute or Collier County ordinance have
established criteria, policy or procedure for determining whether a particular matter, except in
certain enumerated circumstances, is heard by the Special Magistrate or the Code Enforcement
Board. Multiple Florida jurisdictions have found that it is often necessary to fill procedural gaps in
Chapter 162by the common sense application of basic principles of due process. In the absence of
any policy or procedure to the contrary, if Foggs is not afforded the privilege of requesting the
forum it considers most capable of deciding the charged violation in a fair and unbiased manner,
and forum selection is left solely to the discretion of the prosecuting office, then traditional notions
of fair play and due process are violated.
Page 3 of 5
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Packet Pg. 17 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
I l. If the determination of this motion is discretionary, as it appears it is, then the same
"good cause" standard for exercising discretion applicable to judicial matters should apply to
quasi-judicial matters, and the motion should be granted. In this case, the prosecuting
governmental entity ruled on one motion brought by a responding corporate citizen and failed, to
the corporate citizen's detriment, to forward the other motion to the Office of the Magistrate
While Foggs makes no claim that the Special Magistrate engaged in any improper conduct, it does
appear that the relationship between the Office of the Special Magistrate and Code Enforcement is
close enough that Code Enforcement felt privileged to respond to Foggs' motions in the manner
that it did and without the involvement of the Office of the Special Magistrate or the county
attomey. Where there is even the hint of bias, as here, good cause demands the case be transferred
to the Code Enforcement Board, or that a hearing be set to determine which forum should hear the
violation
WHEREFORE, Respondent, FOGGS INVESTMENTS LLC, respectfully requests
transfer of Case Number CELU20200000904 to the Collier County Code Enforcement Board.
Respectfully itted on behalf of Respondent by:
J. MacALISTER
lorida 04711
LAW OFFICES OF
COLLEEN J. MacALISTER, P.A
5061 Napoli Dive
Naples, Florida 34103
Phone: (239)262-3760
FAX: (239) 790-s779
colleen@cjmaclaw.com
Page 4 of 5
5.A.1.a
Packet Pg. 18 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that three true and correct copies of the foregoing have been
hand delivered to the Office of the Special Magistrate, c/o Collier County Code
Enforcement, 2800 North Horseshoe Drive Naples, Florida 34'104, and a true and correct
copy has been mailed by US Mail to: Collier County Board of County Commissioners,,
3301 Tamiami Trail East, Building F, Naples, Florida 341 on this 7'h day ofJuly 2020.
By:
CO . MacALISTER
Bar : 080471I
Page 5 of 5
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Packet Pg. 19 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
BOARD OF COUNTY COMMISSIONERS,
COLLIER COI.]NTY, FTORIDA
Plaintiff,
vs CASE NO.: CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
MOTION FORCONTINUANCE OF HEARING AND
MOTION TO TRANSFERVIOLATION TO CODE ENFORCEMENT BOARD
COMES NOW, Respondent, FOGGS INVESTMENTS LLC, by and through its
undersigned counsel, and files this Motion for Continuance ofa Hearing noticed on June 24, 2020,
for July 8, 2020, and Motion to Transfer Violation to the Collier County Code Enforcement Board
for hearing. ln support, Respondent would state as follows:
l. On or about January 23, 2020, this case was opened by Collier County Code
Enforcement following a noise complaint by an undisclosed new homeowner in LaMorada, new
housing development built next to Foggs. On Jarr.nry 24,2020, Code Enforcement made an
inspection visit to Foggs Nursery on Immokalee Road which has been selling landscaping
materials in Collier County since 1987. Following that inspection, a meeting to discuss the
County's concems was held at the offices of Collier County Code Enforcement on February 5,
2020 with Stan Fogg, representing Foggs Investments LLC, counsel for Foggs, and three Code
Enforcement staff, including zoning, in attendance. Zoning said it wanted a site inspection and
Mr. Fogg agreed. A site inspection visit was scheduled for March 10,2020. On March 10, Mr'
Fogg, Foggs counsel, and a code Enforcement investigator waited for an hour at Foggs before
EXHIBIT A
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
5.A.1.a
Packet Pg. 20 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
being informed that zoning was not going to appear. Mr. Fogg and counsel were told by the
investigator the case would be closed.
2. The case was not closed and two months later, on May I l, 2020, Notice and an
Order to Correct Violations was posted on Foggs' property. The Notice specifically stated that
failure to correct violations could result in "mandatory notice to appear," "issuance ofa citation"
or "Code Enforcement Board review." (Emphasis added)
3. The Notice was not clear on what course ofaction Foggs was to take ifit denied
any violation had occurred. OnMay 26,2020, in an abundance ofcaution, Foggs, through its
counsel, sent Collier County Code Enforcement written notice that it objected to the Notice of
Violation dated May 11,2020, and requested a hearing on the Order to Correct before the Code
Enforcement Board.
4. Collier County Code Enforcement responded six weeks later, on June 24,2002,
with a Notice of Hearing before the Special Magistrate scheduled for July 8, 2020. Despite on-
going contact between Foggs, its counsel and Code Enforcement, no attempt was made to
coordinate the Hearing in advance ofscheduling.
5. Mr. Fogg is scheduled to leave Naples for the 4'h ofJuly holiday on July 3d and will
not retum to Naples until July 20, 2020. This is an annual vacation for Mr. Fogg. When he
retums, Mr. Fogg will be alone at Foggs the last week in July while his crew takes advantage of
Florida's sport lobster season, also an annual event. Counsel for Foggs is scheduled for cataract
surgery on July 21, 2020, and has already completed her pre-op medical clearance.
6. Even ifMr. Fogg, as representative ofthe respondent was available, Code
Enforcement has provided such short notice that it is difficult to see how the four-week publication
schedule can be satisfied, and not possible to make wriften requests for subpoenas and then serve
5.A.1.a
Packet Pg. 21 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
those subpoenas with sufficient notice to the witness. Given Code Enforcement's slow pace in
bringing this case forward, it can hardly object to a continuance or argue there is a need for
immediate resolution.
7. Mr. Fogg also specifically requested a hearing before the Code Enforcement Board.
While jurisdiction over this matter is coextensive between the Code Enforcement Board and the
Office of the Magistrate, Mr. Fogg anticipates a fact and evidence-intensive hearing and a len$hy
legal argument on a zoning matter.
8. Both Code Enforcement Board and the Special Magistrate are more than competent
to hear the legal argument, but that is where the similarity ends. The Code Enforcement Board is
composed ofindividuals representing occupations including architect, business owner, engineer,
general contractor, subcontractor and realtor who are considered for the Board on the basis oftheir
experience or interest in the areas of the codes and ordinances to be enforced. The composition of
the Board provides a perspective on zoning issues that is especially helpful in matters such as this
that are not "cut and dry."
9. The Code Enforcement Board also employs its own legal advisor. Well-established
Florida law states that traditional notions ofjustice and fair play prohibit an administrative board
from having a single attomey act as both the prosecutor and legal adviser to the Board.
Impartiality and zealous representation are inherantly incompatible in the same person at the same
time.
10. Mr. Fogg believes his right to due process will be best served by having the more
diversified Code Enforcement Board hear the case.
WHEREFORE, Respondent, FOGGS INVESTMENTS LLC, respecttully requests a
continuance ofthe Hearing until after August l, 2020, with sulficient time to between the notice
5.A.1.a
Packet Pg. 22 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
and date of the hearing to accommodate a request for subpoenas and service thereof, and transfer of
the Hearing on the violation to the Collier County Code Enforcement Board.
on behalf of Respondent by:
. MacALISTER
BarNo: 080471I
LAW OFFICES OF
COLLEEN J. MacALISTER, P.A.
5061 Napoli Dive
Naples, Florida 34103
Phone: (239)262-3760
FAX: (239) 790-s779
colleen@cjmaclaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
fumished by certified mail no.: 7015 0640 0005 0346 7198 and by U.S. Mail to: Elena
Gonzalez, Collier County Code Enforcement,
34104, on this 25'h day of June 2020.
2800 N Horseshoe Drive Naples, Florida
By
J. MacALISTER
Florida Bar No: 080471 1
5.A.1.a
Packet Pg. 23 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
From : PerezGristana Cristin a. Perez (?rrcol liercou ntyf l. gov
Subject: CELU20200000904
*ale: June 30,2O2O at 5:03 PM
To : cr.;lleen r:il,cjrnaclatnr.corn
Good Afternoon Ms. MacAlister;
Code Enforcement Division received your written request for a continuance of the hearing
scheduled forJuly 8th,2O2O regarding case CELU2O2OOOOO9O4,Fogglnvestments LLC.
I have reviewed your request with the Division Director Mr. Ossorio and will grant the
continuance from the July 8th hearing; case will be re-scheduled for the next Special Magistrate
Hearing on August 7,2020.
Regards,
Cristina Perez, CPM
I'tlCE Certified in Levels 1.2,3,4
lnvesti gtrlive Supert,isor Cenlral District
G row' t h lVla n a ge m e n t D ep a rt me nl, P I a n n ing o n d Regtt I at io n
( 1 xlc Etrfim'cment Division
O.//i c:e ; 2 3 9. 2 5 2. 6867
Cell' 239-877-8127
Far: 239.252.3904
C*lrnty
Under Florida Law, e-mail addresses and their context are public records. lf you do not want your
e-mail address or the contexts released in response to a public records request, please do not
send electronic mail to this entity.
not send elecl()nic rnail to this errtity lnstead. contact this offrce by telephone or in writing
EXHIBIT B
5.A.1.a
Packet Pg. 24 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
Law ffi ces of Colleen J. MrcAlister,PA
tv1ailirg1661oo
506lt€poliDtive
llapl€6,FL3flO3
rrvutw.cjrnaclar,com
Telephonq 239262J.1@
Facsimile 239.79Oi29
Ernail: ccilleen@irn tclaw.@rrl
May 26.2020
Collier County Code Enforcement
2800 North tlorseshoe Drive
Naples. Florida 34144
Sent via U.S. Mail
Re:Notice of Violation
Location: Fogg Investments LLC
10270lmmokalee Road
Naples, Florida 34nA (Unincorporated Collier County)
Case Number: CELU20200000904
'l'o Whom It May Concem:
On May ll,}}}},lnvestigator John Fuentes delivered a Notice and Order to Corrcct
Violation(s) to Stanley Fogg, Jr., o\ener of Fogg Investments, LLC. d/bla Fogg's Nursery
rcgarding his property at 10270 Immokalee Road. The Notice of Violation was the result ol'a
Complaint about noise from a new homeowner or homeowners in the La Morada development
on oi about January n.2AZA. A site visit to Fogg's resulted in the posting of an unlawful Clease
and Desist Notice on January 24.2A2A by Collier County Code Enforcement.
Mr. Fogg has, on more than one occasion, allempted to resolve this matter with Collier
County. to no avail. After receipt of the Notice and Order on May I l. he offered to meet again
with the County, but apparently county personnel were not available to meet with Mr. Fogg when
he was available. On May 12,202A, the undersigned called and spoke rvith Investigator Fuentes
and infbrmed him that Mr. Fogg did not agree with Code Entbrcement's determination that his
operation in any way violated the permits under which he currently operates or that any part of
his operation required an additional permit. Counsel told the inspector the Notice crf Violation
*u, urgu., over broad and ambiguous and Mr. Fogg was requesting a hearing on thc Notice ol'
Violation with the Code Enforcement Board.
Code Enforcement should consider this letter as Mr. Fogg's formal objection to thc
Notice of Violation dated May I l, 2020. and his Request for a Hearing on the Order to Correct
Violations before the Code Enforcement Board.
EXHIBIT C
5.A.1.a
Packet Pg. 25 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
Page 2
Letter to Collier County Code Enforcement
May 26,2024
Mr. Fogg is also formally requesting the names and phonc numbcrs ol'thc persons in La
Morada that have complained about Fogg's to Code Enforcement. Mr. Fuentcs intr:rmed counscl
that he did not have to provide names and phone numbers becausc thc initial call came in as a
3l I call. He has also stated he has been to La Morada on numerous occasions lbr numerous
complaints about Fogg's from numerous La Morada homeowners.
Per Code Entorcement's own published policy and a Board of County Commissioncr's
policy eftbctive March 12. 2013, a name and phone number must be providcd regardless ol'
whether a complaint is filed by phone, through the online complaint portal" through the Collier
3l I system or in pcrson, unless the concem is an emergency that immediately threttens the
public health and safety or could cause calastrophic consequences. '[his mattcr has been pending
for months and no code enforcement official has explained how a noise complaint or any o[the
other numerous complaints that has been stated rise to the level of a threat to the puhlic health
and safety or could cause catastrophic consequences - especially givcn that l;ogg's has been
conducting business in the same manner at the same location since 1997. Since Mr. Fogg
initially made this request almost thirty days ago, I expect that the namcs and phonc numbers rvill
be provided forthrvith to the undersigned.
Please advise on the date of the hearing before the Code Enlbrcement lJoard on the
above-referenced Notice and Order. Mr. Fogg remains open to discussions with the County until
the hearing date. All correspondence should he directed to the undersigned.
Sincerely,
Esq-
5.A.1.a
Packet Pg. 26 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12960 : CELU20200000904 FOGGS INVESTMENTS LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12961) DOC ID: 12961
Updated: 7/27/2020 3:08 PM by Elena Gonzalez Page 1
CELU20200000904 FOGGS INVESTMENTS LLC
CASE NO: CELU20200000904
MOTION TO DISMISS NOTICE OF VIOLATION OR
LIMIT HEARING
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
5.A.2
Packet Pg. 27
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COI]NTY, FLORIDA
Plaintiff,
vs.CASE NO.: CELU20200000904
FOGGS INVESTMENTS LLC,
ResPondent.
MOTION TO DISMISS NOTICE OF VIOLATION IN CASE NUMBER
CELU2O2OOOOO9O4 OR LIMIT HEARING
COMES NOW, Responden! FOGGS INVESTMENTS LLC, by and through its
undersigned counsel, and pursuant to the Rules and Regulations goveming Code Enforcement
proceedings in Collier County and files this Motion to Dismiss the Notice of Violation dated May
11,2020, in Case Number CELU20200000904, as a violation ofRespondent's right to procedural
due process or, in the altemative, limit the Hearing set for August 7, 2020, on the Notice, and in
support thereof, Respondent would state as follows:
Notice of Violation
l. On May 11,2020, Foggs lnvestments LLC ("Foggs") was served with a Notice of
Violation that stated:
Description of Conditions CoNtituting the Violation(s):
Did witness: The processing/recycling Gravel, Stone/Concrete and earthly material without
a conditional use. [Exh A].
2. Whether a hearing on a Notice ofViolation is conducted by fte Code Enforcement Board
or the Special Magistrate, the burden ofproof is on the Prosecutor to show by a preponderance of
Page I of 12
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Packet Pg. 28 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
evidence that a violation does exist and the violator committed or was responsible for maintaining
or allowing the violation to continue. [Section 2-2029(4) Collier County Code ofOrdinances]
3. Foggs will not be required to defend against the stated violation unless Collier County
proves, by a preponderance ofthe evidencer, that:
a. Foggs was processing gravel, or Foggs was processing stone or Foggs wils
processing concrete or Foggs was processing earthly [src] material; or
b. Foggs was recycling gravel or Foggs was recycling stone or Foggs was recycling
concrete or Foggs was recycling earthly [src] material; and
c. Foggs did not have a conditional use to process gravel, or did not have a conditional
use to process stone or did not have a conditional use to process concrete or did not
have a conditional use to process earthly [sic] material; or
d. Foggs did not have a conditional use to recycle gravel, or did not have a conditional
use to recycle stone or did not have a conditional use to recycle concrete or did not
have a conditional use to recycle earthly [src] material.
4. The Notice ofviolation stated the alleged activity was in violation ofthe collier county
Land Development Code ("LDC"), as amended, Section 2.02.03, Prohibited Uses, which reads:
Any use or structure not specifically identified in a zoning district as a permitted use,
conditional use or accessory use shall be prohibited in such zoning district. [Exh B].
5. A fair reading ofthe stated violation in the Notice and the stated reference to LDC Section
I In those cases initiated by a Notice ofViolation, the County shall proceed first
with the presentation of its evidence to prove that a violation has occurred. [Collier County
Special Magistrate, Rules and Regulations, Article VII, Section 2(g)1. + Ifbefore the Code
Enforcement Board, the county shall present its case first. [collier county code Enforcement
Board, Rules and Regulations, Article D((i)1.
Page 2 of 12
5.A.2.a
Packet Pg. 29 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
2.02.03, put Foggs on notice that it could be required to defend against the allegations that it was
a.) processing or recycling, b.) that it was processing or recycling gravel, stone, concrete or earthly
material, and c.) that such was a violation of its conditional use zoning. Foggs could anticipate
that if, in fact, any alleged activity was fomd to be in violation of its conditional use zoning, then
that alleged activity would need to cease.
6. The Notice listed the "corrective action" that Foggs must take:
2. Cease any and all unauthorized activity...
This corrective action supports Foggs "fair reading" ofthe Notice of Violation.
7. Ifthe above was the relevant entirety ofthe Notice, Foggs would not have any basis for
requesting dismissal of the Notice, but the Notice contains much more. The Notice also indicates
that Foggs is in violation of LDC Section l.M.0l(A) which reads:
(A). The provisions ofthis LDC shall apply to all land, property, and development in the
total unincorporated area of Collier County except as expressly and specifically provided
otherwise in this LDC. No development shall be undertaken without prior authorization pursuant
to the LDC.
Specifically, no building, structure, land or water shall be hereafter developed or occupied,
and no building, structure or part thereof shall be erected, reconstructed, moved, located, or
structurally altered except in conformity the regulations set forth herein and for the zoning district
in which it is located. [Exh C].
8. Foggs is without knowledge as to why LDC Section 1'04.01(4) was included in the
Notice.2 There is no reference to a buitding or structure included in the noticed Description ofthe
2 If before the Special Magistrate, the "charging document shall include a statement
ofthe facts and circumstances ofthe alleged violation and shall identifo the code or ordinance
that has been violated." [collier county Special Magistrate, Rules and Regulations, Article v,
Section l]. Ifbefore thr code Enforcement Board, the code Enforcement Investigator files an
..Affidavit of Violation which shall include a statement of the facts and circumstances of the
alleged violation and shall identiS the code or ordinance that has been violated.." [Collier
County Code Enforcement Board, Rules and Regulations' Article VII, Section ll'
Page 3 of 12
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Violation, and indeed Code Enforcement knows with absolute certainty that no building or
structure is involved. Investigator John Fuentes has been on the Foggs property numerous times
since this investigation was opened in luruary,2020, and more importantly, the Description ofthe
Violation begins with the phrase, "Did Witness..." Nor is a violation included in the Notice that
involves a building or structure of any kind and the inclusion ofthe reference to LDC Section
1.04.01(A) in the Notice of Violation violates due process and the Rules and Regulations
goveming any Code Enforcement proceeding. (See, fn.l).
9. That is not all. Apart from requiring all unauthorized activity to cease, the "Order to
Correct Violation(s)" directs Foggs to take additional corrective action:
l. Must comply with all land use standards of the Collier County Land Development
Code 04-41, as amended and adhere to the approved Site Development Plan for
said location."
The Notice of Violation alleges Foggs is angaged in unauthorized activity related to the processing
or recycling of gavel, stone, concrete or earthly material, and should Code Enforcement provide
competent and substantial evidonce that any of that is a violation ofFoggs conditional use zoning,
then Collier County wants the unauthorized activity to cease. The remainder ofthe requested
remedy has no relationship to the stated violation and is not supported by any facts or
circumstances in the Notice. Collier County's demand for this corrective action violates due
process.
There is still more in the Notice. The "order to correct violation(s)" also demands Foggs:
2. "Cease any and all unauthorized aclivity..." which Foggs agrees would be an
appropriate remedy if a violation was proved up. But then, the statement of the corrective action
continues, ")rlrrcl, is nof permitted, accessory, or an approved conditional use for that location ."
Page 4 of 12
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Packet Pg. 31 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
In other words, Collier County's demand for corrective action is notjust to cease "any and all
unauthorized activity'' related to the alleged processing or recycling of gravel, stone/concrete and
earthly materials, but all unauthorized activity. However, the Notice fails to inform Foggs of what
other "activity" Collier County had determined is "unauthorized," and fails to again inckude the
facts and circumstances that constitute the violation. Collier County can only get the remedy is
seeks here ifthe alleged offensive unknown and unauthorized activity is disclosed to Foggs for the
first time at the Hearing, again a violation ofhis right to procedural due process.
3. "Must obtain all required Collier County approvals, if applicable, by any means
required to operate the processing/recycling activities or remove all related
materials all related material and equipment for unapproved uses on said land'"
This requested reliefis patently outside the scope ofthe alleged violation, impermissibly invades
Foggs constitutional righs as a private property owner and is classic govemmental overreach. If
the evidence shows that Foggs was in some way in violation of its conditional use, then it is
Foggs' decision, and only Foggs decision, to "obtain all required Collier County approvals to
operate the processing/recycling activities, " ,o continue the activity. This demand exceeds Collier
County Code Enforcement's authority under both the state and federal constitutions. Furthermore,
the alleged violation is for t}te processing or recycling ofgravel, stone, concrete or earthly material-
collier county has not alleged Foggs is in violation of its conditional use permit by having gravel,
stone, concrete and earthly material on its property to sell, and indeed it cannot3, therefore it is
unknown what ..related materials" collier county thinks must be removed. Nor has collier
t Foggs conditional use specifically provides that it can sell mulch, stone,
fertilizers, pesticidJs and other products...accessory to or required for the planting or maintenance
of said plants. [LDC, Section 2.03.01(cX2l). one would assume that stone would include
gravel, and "earthly material" would be required for planting.
Page 5 of 12
5.A.2.a
Packet Pg. 32 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
County disclosed in the Notice what "equipment" it deems a violation ofthe LDC and what
authority it has to force the removal of that equipment.
10. Finally, the bottom ofthe Notice contains a paragraph ofvery small type that begins with a
"t" but refers to nothing else in the Notice. It states:
"This violation may require additional compliance and approval from other departments
which may be required under local, state and federal regulations, including, but not limited to:
right-of-way permit, denotition of strucare, Site Development Plan, Insubstantidl Change to Site
Development Plan, and Vafiances along with, payment of impact fees, and any new or outstanding
fees requiredfor approval. "
There is nothing about the alleged violation or the obvious remedy if the violation is proven by
Collier County that relates to these "additional requirements." Collier County seeks to obtain an
Order to Comply directed to Foggs, without disclosing any facts and circumstances, much less
proving them to get this requested remedy. Once again, the Notice violates Foggs' right to due
process and violates the Rules and Regulations goveming any Code Enforcement proceeding'
I l. collier county code Enforcement sent Foggs a Notice with a "Description ofconditions
Constituting the Violations." To comport with due process, that Notice was required to inform
Foggs ofthe specific violation(s), so Foggs understood what collier county must prove to prevail
and it could defend against the allegations. Nothing about most of this Notice provides the
constitutionally required information and Collier County understands this.
12. what code Enforcement seeks is to do here is use the Notice to Foggs and the ensuing
Hearing, to bootstrap remedies for what it apparently perceives are violations committed by Foggs
without disclosing the specific violations to Foggs and without assuming the burden ofproviding
competent and substantial evidence ofthose violations. It seeks to leave Foggs in the dark and
without the opportunity to object and present defenses to the unknown violations at the scheduled
Page 6 of 12
5.A.2.a
Packet Pg. 33 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
hearing.
13. The Notice is nothing but "gotcha govemment" and violates every principle of fair play
and procedural due process. Procedural due process protects a citizen from such conduct by a
govemmental entity because such conduct undermines the public's confidence that agencies of
govemment will be fair and impartial in the enforcement of laws against citizens.
14. Where a Notice violates procedural due process, it must be dismissed
15. Should it be decided that neither the Special Magistrate nor the code Enforcement Board
has the authority or discretion to dismiss the Notice of Violation, then it must issue an order
limiting the Hearing scheduled for August 7, 2020, to the stated violation' the facts and
circumstances constituting that specific violation and, should the violation be proved by Collier
County, the obvious and narrow remedy sought in the Notice. There is clear authority for such a
limiting order in chapter 162.07 which states in regard to the conduct ofa hearing, that "[F]ormal
rules ofevidence shall not apply, but fundamenlal due process shall be observed and shall govern
the proceedings )' Ch. 162.07(3), Fla. Stat. (emphasis added)
Memorandum of Law
Procedural due process imposes constraints on governmental decisions that deprive
individuats of liberty or property intetests. Massey v. Charlotte County, Florida,842 So.2d 142,144
(Fla. 2d DCA 2003'), ciring, County ofPasco v Riehl,620 5o.2d229,231(Fla. 2"d DCA 1993). The
outlines of procedural due process are well-established. Under the Fourteenth Amendment, the
fundamental requisite ofdue process is the opportunity to be heard. Mullane v. Central Hanover
Bank & Trust Co., 339 U.S. 306, 3 14 ( 1950). An elementary and fundamental requirement of due
process in any proceeding to be accorded finality is notice reasonable calculated, under all
Page 7 of 12
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Packet Pg. 34 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
circumstances, to apprise interested parties ofthe pendency ofthe action and afford them an
opportunity to present their objections. Dswson v. Saada,608 So. 2d 806, 808 (Fla. 1992) citing,
Mullane, supra.
The extent ofprocedural protection varies with the nature ofthe proceeding involved, but
due process requires both notice and a real opportunity to be heard "at a meaningful time and in a
meaningfulmanner}'Hadleyv.DepartmentofAdministation,4ll So.2d184, 187 (Fla. 1982);.
Keys Citizens for Responsible Gov't, Inc. v. Fla. Keys Aqueduct Authority,795 So. 2d 940, 948
(Fla. 2001). The notice has to be of such nature as to reasonably convey the required information.
Supra, ciling, Mullane, 339 U.S. at3l4
The Second DCA has addressed what information is required in a notice in the context of a
Code Enforcement proceeding. Massey,$42 So. 2d at 145. It found that when considering
Chapter 162, it was often necessary to fill the procedural gaps [in Chapter 162] by the common
sense application ofbasic principles ofdue process.a Supra. The same would be true of the only
slightly more specific notice requirement in the Collier County LDC' [ftr. 2, below] The court
cited three relevant factors to decide what process is due:
a Chapter 162.06(l) says in relevant part here:
.....if a violation is found, the code inspector shall notiry the violator and give him or her a
reasonable opportunity to correct the violation' "
Section 2-2026 Collier County Code ofordinances states:
Ifa violation ofa code or ordinance is believed to exist, the code Enforcement officer shall
provide notice and speciff a reasonable time to correct the violation(s). Notice shall be given in
iwiting and shall specifu the alleged violation, the required corrective action and the time period
for correction.
Page 8 of 12
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Packet Pg. 35 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
l) the private interest that will b€ affected by the official action;
2) the risk of erroneous deprivation ofsuch interest tlrough the procedure used; and
3) the government's interests and burdens that additional or substitute procedural
requirements would entail. Supra al 146, citing Keys Citizens for Responsible Gov't, Inc.,
795 So.2d at34849
l) The Private Interest Affected:
Foggs clearly has a compelling interest in retaining and conducting its business without
govemmental interference. It is not clear from the Notice Collier County sent to Foggs how much
of its business Collier County seeks to shut down for unspecified violations ofthe LDC, but even a
cursory review ofthe remedies it wants to impose on the business shows how broadly Collier
County wants to permanently affect Foggs' business.
2) The Risk of Erroneous Deprivation Through the Procedure Used:
The risk to Foggs of an erroneous deprivation based on the Notice, is enormous. Call the Notice
"gotcha government," call it "hiding the ball" " bad faith," or cynical govemmental overreach.
The remedies Collier County seeks to impose on Foggs represent a deliberate attempt by a
govemmental agency to shut down a business, without the necessity of disclosing any concrete
violations that would justifi such a shut-down and without the necessity of proving those
undisclosed violations with substantial and competent evidence.
3) The Government's Burden for Additional Procedural Requirementss
The government has no additional burden here. The Notice provided to Foggs represents the
failure ofa govemment agency to do its job and cite, in the Notice, the required specific violations,
the required facts and circumstances that indicate a violation ofthe LDC, and the remedies it
seeks for those violations as dictated by the Rules and Regulations goveming Code Enforcement
Page 9 of 12
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Packet Pg. 36 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
proceedings, Collier County Ordinance, the LDC and Florida statutes. It cannot claim that
compliance with state and local law and the state and federal constitutions, is unduly burdensome.
Appllng the Massel three factor examination ofwhat process is constitutionally required
here, it is clear that" at a minimum, FoCgs is entitled to know all the alleged specific violations of
the LDC that Collier County seeks to enforce, all the facts and circumstances supporting each
violation and what remedy it seeks for each specific violation. In the alternative Massey dictates
that due process requires limiting the Hearing to the alleged noticed violation, the facts and
circumstances it alleges that support finding a violation and the limited and logical remedy ifa
violation is proved by substantial and competent evidence.
It can't be argued the Procedures outlined in Article Four ofboth the Code Enforcement
Board and Special Magistrate Rules and Regulations cure the due process infirmities. Section 4
requires the Code Enforcement Investigator to submit a charging packet of information detailing
the alleged violations to the Secretary of the Board or office of the Magistrate at least fifteen
business days prior to the Hearing. While the alleged "violator" is allowed to provide an
answer/response packet, it must be submitted five business days prior to the Hearing' There is no
specific time stated in the Procedures for delivery ofthe Code Enforcement charging packet to the
alleged "violator." Even if it was delivered to the alleged "violator" at the same time it was
submitted to the Special Magistrate or the Board, the alleged violator will only have ten days to
prepare a defense and has thus been deprived ofthe thirty-day window between delivery of the
Notice of violation and the Notice of Hearing and the thirty-day window between the Notice of
Hearing and the Hearing to investigate the alleged violations and prepare a defense, including
witnesses, documentary evidence and subpoenas. And, it is not clear Collier County is under any
Page l0 of 12
5.A.2.a
Packet Pg. 37 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
obligation to put anything in its charging packet beyond the single violation that was Noticed to
Foggs.
On July 2, 2020, the Fifth DCA addressed the issue ofnotice in a domestic violence
proceeding where the Petitioner, at the Hearing, was allowed to introduce, over objection, evidence
of additional acts of domestic violence that were not alleged in the Petition for Injunction. In
finding the court erred in allowing the testimony, the 5'h DCA said adequate notice must provide
some indication ofthe witnesses to be called and the evidence to be utilized to prove entitlement to
relief. I G. G. v. M.5.,2020 WL 3579766. The two new material allegations, raised for the first
time at the hearing, deprived the Husband ofthe right to due process as he was given neither proper
notice of these allegations nor a full and fair opportunity to prepare to rebut them. The same
reasoning applies here. The Notice to Foggs contains an unrelated claim of violation of the LDC,
without any alleged facts and circumstances supporting the violation and numerous requests for
remedies not even remotely related to the disclosed violation.
Foggs has been deprived of proper notice and the oppornrnity to prepare a defense to most
of the Notice of Violation. The deprivation constitutes a violation ofFoggs right to procedural
due process. The violation ofa litigant's due process right to be heard requires reversal or, in this
case, dismissal ofthe notice. S.B.L. v. State,737 So. 2d I l3l (Fla. InDCA 1999), citingto, Riehl,
635 So. 2"d at 19. In the altemative, due process and Florida law require the Hearing be limited to
the stated violation, Section 2.02.03 ofthe LCD directly relating to the alleged violation, and the
obvious and constitutional remedy stated in the notice for t]re violation.
WHEREFORE, Respondent, FOGGS II'n/ESTMENTS LLC, respecttully requests
dismissal of the Notice dated May 11,2020, in Case Number CELU20200000904, or limitation of
Page 1l of 12
5.A.2.a
Packet Pg. 38 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
the Hearing set for August 7 ,202A, to accord with procedural due process, and the award of its
costs, pursuant to F.S. 57.105.
itted on behalf of Respondent by:
J.
Florida Bar
MacALISTER, Esq.
:080471 I
LAW OFFICES OF
COLLEEN J. MacALISTER, P.A
5061 NapoliDive
Naples, Florida 34103
Phone: (239)262-3760
FAX: (239) 790-5779
colleen@cjmaclaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that three true and correct copies of the foregoing have been
mailed by US Mailto the Office of the Special Magistrate, c/o Collier County Code Enforcement,
2800 North Horseshoe Drive, Naples, Florida 34104, and a true and correct copy has been mailed
by US Mail to: Collier County Board of County Commissioners, 3301 Tamiami Trail East,
Building F, Naples, Florida 34112 on this 12'h day of July 2020.
J. MacALISTER
Florida Bar No: 080471 I
Page 12 of 12
5.A.2.a
Packet Pg. 39 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
.a
COI-UER GOUNTY CG)E ENFORCENE}JT
t{oTlcE oFvtoLATloH
Ormm FOGC'S II{\€STITENTS LLC
lszT0IMM(}KALEE ED
NAPLES, FL 3{120
Begtstersd AgGn$ Fogg, Stanley R Jr
l-oc.fion: 102?0 lmrml$abc RD, Naples 34120'
L6call0n: 10270 |rnrnol(alee RD, Naples
Unincorporzted Colla.r CoultY
Zooing DiEE rlprca&y u"gal D*crlotion: 25 {8 26 E l/2 Of Nw 114 OF NE 1/4, LESS ORII{E ur
3es2 FG r35
Fotb:19(60006
Caee l{umbec CELUAn000lPlf4
DeE: liay 1t.2020
krveiligrtofi .lohn Fucnkt
'|hor*:
239')52b'12'?
TAKIHG OEEC IN $R
ilonce
Fursurnt to Gqdlier Coufi Con$did.t€d CoOe entOrCemed R'guLliom, Collier Counly- Code- of
Ler: rnd Ordinencer, Cfreper Z. Articte lX, you aru noEnld th-t ' Ybhtioil(sl ol fhe lolbwing
Coj1ior County Ordinenoc6f rnd or PUD Regutatira(:) Gd*ts st the abovedatcritxd bcetion'
ffitnencelCorle: Garroral provin,ions l.snd Use. ColLc, County [-€nd DeYolopment ffie &{41 as
'sH*n#d, Section 1 04.01{A}
The Collier Ga{n$ Land Opretopncnt Code, 2004-41, As Arnended, S€L{on 2 02 03' ProhrBrted Usee
A. t'fie rfovieicnE of thi: LDC shd aFply lo 8lt lard, Prop+{y rnd de|Telcfmc$t rn tne-roEil unirffirporstect a'€e o{
Collier County 6rcopt es erprotfy itii ip"r*ntury ilg,/lded o$Enrisc iritus LDC No derre*r:pment stall bc
rndertatren withoqr *or a*ffi$]n prlrJti1f*1DC- Spacifi<zq;, rc buildirq',rfuciure' lsnd of watcr $hsg
herea{t€f be ds{€loped. o, grB.ipied, and no hddinE. llruchlfG, or pea fhereot thal be *rected' recptdtuCtX{'
mo.r€d, locd€d, or *rt ,arr"ff-ir.&-"i,*rx i, cotfirnt;ry *tn fte' regulations tel torlh llBr€in ard rorrP roftirE
disrid in which rl i$ lo61.d.:
Any use or slrusture not speciFcally identlfrcd in a zani|lg disBict as a permitted u3e' sonditional us8' or
aci:ssory use shall lr€ prohibited in ilclr zoning dtqtrirJ :
Ybtatbn Stelue - lnitial
DESCRtPTloil oF coNnmoils coilsr]TunfiG-Tl+E vlol-ATl0ll(s)'
DE Yfrtnsss: fhe ptos.tt*ii'gl6Eing Gmva' gtoncJConcrete and rerthly metedal wiElout E
conditlonal usc.
qffi the loBo'ring cocrecrive a6rion{s):
lnitiat InsPection
l.MuslCornplywithelltandusesilEadardsoftheGolliercounvLandDeveloprnentcode04-4{'er
arftEnded and Brr#;;;1;"po**o Stte Derelcpmcrrt Plan iqr sed lrcation'
2ceffieanylauuflautrffiiz€dacriviry*,whlch!snotap€rmitle(t.fficessory.o'EneppfoYed
condrtionst uge lar said locahon'
EXHIBIT A
5.A.2.a
Packet Pg. 40 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
3- Must sbtein afl required Collier County aoprcr€ls, if applicabla, hy arry neans rcquirsd to opB,frc
the proaessing/recycling adivitiet or re,nove aE lElated met€nal and equiprneni br unapproved
used sn said loqstofl,
Ot{ OR BEFORE: 05,31120?0
Failure to correct violetions maf rssufr in:
l ) Mandatory nolice to *pp".r - t*ance o, a citatron fia( may rc+utt in finet up to t500 and cosl3 af
Prmecuiisn. OR
2l CoOe Enhrcement Boarct revis\v that may r€utt in nnes up ta S't0o0 pcf day pcr violaiion, rs 10ng ;rs
th€ viotstion remains. and oosts of proseculon-
INOUIRIES AXD COMMENTS SHOULD BE
DIRECTEO TO CODE ENFORCEMEI{T
2800 ifortr Horseshoe Dr. t*aptes, FL 34104
Pione: 23925?-?{40 FAX 235252'Z3/,O
SERVED BY:
lnvect{abr Signature
John Fuentes
Care Nunb*r: CELU202OO000!P{
*'
Signature and Ti!08 ol Rec,Pient
-PrinteO Nsne of Recipieot
Oete
:.,r:.,,.tr*llfitiamrarrnqdnrddBodErrnslLoarrh,lrpr@ydfromoanrd.psrbr.fiE.ritfiEhE rb._nqrdrtd,trrdsrlo6d.
*r.u urd tdcr.r n3uiliiiil r,a,,c,'s' dt 1atttil'ffi-*qJr,lr, Pfli qry'g;1ffiffiJ f,#ffi ffi
os,,er.n t*tttt*-t.kriiuiJri* cnrfr |o8b Dq.rdop|natt nHr. ildvrrbnEti u
ary fict{ o, outBho(llng fte3 rE"quart{ lo apprutd'
5.A.2.a
Packet Pg. 41 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
Collier County, FL l,and Development Code
2.02.03 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use,
conditional use, or accessory use shall be prohibited in such zoning district.
abouLblank
lofl
EX{IBITB
7l7l2O, r:46 PM
5.A.2.a
Packet Pg. 42 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
Collier County, FL [,and Development Code
1 .04.01 - Generally
A. The provisions of this LDC shall apply to all land, property and development in the
total unincorporated area of Collier County except as expressly and speciflcally
provided otherwise in this LDC. No development shall be undertaken without prior
authorization pursuant to this LDC.
Specifically, no building , structure , land or water shall hereafter be developed, or
occupied, and no building , structure , or part thereof shall be erected, reconstructed,
moved, located, or structurally altered except in conformity with the regulations set
forth herein and for the zoning district in which it is located.
B. The regulations established in this LDC and within each zoning district shall be
minimum or maximum limitations, as the case may be, and shall apply uniformly to
each class or kind of structure , use, land or water, except where specific provision is
made in this LDC.
C. ThisLDCshall applytoall division of land and all subdivisions in the total
unincorporated area of Collier County, except to the extent as expressly provided
herein. lt shall be unlawful for any person to create a subdivision ol or to subdivide,
or to otherwise divide, any land in the total unincorporated area of Collier County,
except in strict conformance with the provisions of this LDC and any applicable
provisions of the Collier County Growth Management Plan (GMP).
E)CIIBITC
about:blank
lofl 7l7l2O, l:44 PM
5.A.2.a
Packet Pg. 43 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12961 : CELU20200000904 FOGGS INVESTMENTS LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12962) DOC ID: 12962
Updated: 7/27/2020 3:09 PM by Elena Gonzalez Page 1
CELU20200000904 FOGGS INVESTMENTS LLC
CASE NO: CELU20200000904
MOTION TO REQUEST FOR APPROVAL FOR
ISSUANCE OF SUBPOENAS
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
5.A.3
Packet Pg. 44
Law J. MacAlister, pa
MailingAddress:
5O5l NapoliDrive
Naples, FL34IO5
www.cjmaclaw.com
Telephone 259.262.37 60
Facsimile 239:I9o-57n
Emaih colleen@jmaclaw.com
July 12,2020
Secretary to the Special Magistrate
Office of the Special Magistrate
c/o Collier County Code Enforcement
2800 North Horseshoe Drive
Naples, Florida 34104
BOARD OF COUNTY vs. FOGGS INVESTMENTS LLC
Case Numb er CELU 20200000904
Hearing set for August 7 ,2020
Madam Secretary:
Pursuant to Article VII, Section l(e), Rules and Regulations of the Special Magistrate.
Respondent Foggs Investments,LLC, is notifiing the Office of the Special Magistrate that more than ten
minutes per party, including testimony of all witnesses, will be required for Foggs to present its case in
the above-captioned matter. Under separate cover, Foggs has requested approval to serve eight
subpoenas for brief testimony and at this time, anticipates presenting the testimony of two or three other
witnesses. Foggs will also introduce exhibits and conduct cross-examination of all Collier County
witnesses. In addition, Foggs will present affirmative defenses to the alleged violation, including legal
argument supported by case law.
There are two pending motions before the Special Magistrate: a Motion to transfer this matter to
the Code Enforcement Board and a Motion to Dismiss the Notice of Violation or limit the scope of the
Hearing to the noticed violation. Should either of those motions be denied, Foggs will also need time to
enter its objections into the record for purposes ofappeal.
In all, and without knowing what witnesses Collier County plans to call, and what evidence
Collier County plans to introduce, Foggs would suggest a three-hour hearing. Foggs would also request
that the Office of the Special Magistrate set a "time certain" start to the Hearing, so that it can be
reflected in the subpoenas.
If you have any questions, please callmy office, or send me an email.
Kindest
acAlister, Esq.
Re:
Attorney for Respondent Foggs Investments, LLC
5.A.3.a
Packet Pg. 45 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
\
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA
Plaintiff,
vs.
FOGGS INVESTMENTS LLC,
Respondent.
CASE NO.: CELU20200000904
REOUEST FOR APPROVAL FOR ISSUANCE OF SUBPOENAS
IN CASE NO. CELU2O2OOOOO9O4
COMES NOW, Respondent, FOGGS INVESTMENTS LLC, by and through its undersigned
counsel, and pursuant to Ordinance2010-04, Section 2-2028, governing Code Enforcement proceedings
and files this Request for approval to issue subpoenas for witness testimony for the Hearing scheduled for
August 7 ,2020, in Case Number CELU20200000904. Respondent anticipates the testimony of each
witness will be fairly short but crucial to Respondent's defense in this matter. Process will be effected by
either the Collier County Sheriff or Ortino Process and Respondent understands it bears the cost of the
statutory witness fee and mileage fee for each witness. Approval of subpoenas for the following witnesses
is requested:
John Inquanti
Ivan Miller
Michelle Bender
James Gram
James Pianowski
David Sanvidge
Donald E. Weiss
Karen Weiss
on behalf of Respondent by:
J. MacALISTER, Esq.
Florida Bar No: 080471 I
l.
2.
J.
4.
5.
6.
7.
8.
Page 1 of 2
5.A.3.a
Packet Pg. 46 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
LAW OFFICES OF
COLLEEN J. MacALISTER, P.A.
5061 Napoli Dive
Naples, Florida 34103
Phone: (239)262-3760
FAX: (239) 790-5779
colleen@cjmaclaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that three true and correct copies of the foregoing have been mailed by US
Mail to the Office of the Special Magistrate, c/o Collier County Code Enforcement, 2800 North Horseshoe
Drive Naples, Florida 34104, and a true and correct copy has been mailed by US Mail to: Collier County
Board of County Commissioners, 3301 Tamiami Trail East, Building F, Naples, Florida 34112 on this 12'h
day ofJuly 2020.
J. MacALISTER
No:ll
By:
Page2of 2
5.A.3.a
Packet Pg. 47 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
VS
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintiff,
CASE NO.: CELU20200000904
FOGGS TNVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: JOHN INQUANTI
2355 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifl, in the above styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attomey, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By:
COLLEEN J. MacALISTER
Florida Bar No. 080471 I
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page I of 2
5.A.3.a
Packet Pg. 48 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239)262-3760
FAX: (239) 790-s779
colleen@cjmaclaw.com
Attorney for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Managerr 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7tt.
Page2 of 2
5.A.3.a
Packet Pg. 49 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
?\
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COLJNTY, FLORIDA
Plaintiff,
vs.CASE NO. : CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF'FLORIDA:
TO: IVAN MILLER
2383 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifu in the above styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By:
COLLEEN J. MacALISTER
Florida Bar No. 080471 I
Law Offices of Colleen J. MacAlister, P.A
5061 Napoli Drive
Naples, FL 34103
Page 1 of 2
5.A.3.a
Packet Pg. 50 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-3760
FAX: (239) 790-5719
colleen@cjmaclaw.com
Attomey for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance; Please contact Charles Rice, Administrative Services Manager,33l5 E. Tamiami
Trail, Suite 501, Naptes, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7tt.
Page 2 of 2
5.A.3.a
Packet Pg. 51 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintift
VS.CASE NO. : C8LU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: MICHELLE BENDER
2660 66d, St SW
Naples, Florida 34105-7 3 l0
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testiff in the above styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attomey, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By
COLLEEN J. MacALISTER
Florida Bar No. 080471 I
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page I of 2
5.A.3.a
Packet Pg. 52 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-37 60
FAX: (239) 790-5719
colleen@cjmaclaw.com
Attorney for Respondent
Ifyou are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you' to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800' at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7ll.
Page 2 of 2
5.A.3.a
Packet Pg. 53 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COLINTY COMMISSIONERS,
COLLIER COLINTY, FLORIDA
Plaintiff,
vs.CASE NO. : CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: JAMES J. GRAM
2336 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testifu in the above styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July,2020
By:
COLLEEN J. MacALISTER
Florida Bar No. 080471 I
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page 1 of 2
5.A.3.a
Packet Pg. 54 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-37 60
FAX: (239) 790-5779
colleen@cjmaclaw.com
Attomey for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7tt.
Page 2 of 2
5.A.3.a
Packet Pg. 55 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintifi
VS CASE NO.: CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: JAMES J. PIANOWSKI
2071 AntiguaLane
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, building F, Naples,
Florida 34112, on Friday, August 7 ,2020, beginning at 9:00 a.m. to testiff in the above styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By
COLLEEN J. MacALISTER
Florida Bar No. 0804711
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page I of 2
I 5.A.3.a
Packet Pg. 56 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-3760
FAx: (239) 790-5779
colleen@cjmaclaw.com
Attomey for Respondent
lfyou are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision ofcertain
assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7ll.
Page 2 of 2
5.A.3.a
Packet Pg. 57 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
VS.
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COI.INTY COMMISSIONERS,
COLLIER COLINTY, FLORIDA
Plaintiff,
CASE NO. : CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: DAVID W. SANVIDGE
2332 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples,
Florida 34112, on Friday, August 7 ,2020, beginning at 9:00 a.m. to testify in the above-styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attomey, and unless excused from this subpoena
by this attomey or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By:
COLLEEN J. MacALISTER
Florida Bar No. 080471 1
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page I of 2
5.A.3.a
Packet Pg. 58 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-3760
FAX: (239) 790-5779
colleen@cjmaclaw.com
Attorney for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7tt.
Page 2 of 2
5.A.3.a
Packet Pg. 59 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintiff,
VS CASE NO. : CELU20200000904
FOGGS INVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: DONALD E. WEISS
2328 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testi$ in the above-styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By:
COLLEEN J. MacALISTER
Florida Bar No. 080471I
Law Offrces of Colleen J. MacAlister, P.A
5061 Napoli Drive
Naples, FL 34103
Page 1 of 2
5.A.3.a
Packet Pg. 60 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239)262-3760
FAX: (239) 790-s77e
colleen@cjmaclaw.com
Attorney for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Managerr 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
7tt.
Page2 of 2
5.A.3.a
Packet Pg. 61 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
VS
CODE ENFORCEMBNT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COLINTY COMMISSIONERS,
COLLIER COLINTY, FLORIDA
Plaintiff,
CASE NO.: CELU20200000904
FOGGS TNVESTMENTS LLC,
Respondent.
SUBPOENA FOR HEARING FOR VIOLATION OF COLLIER COUNTY LAND
DEVELOPMENT CODE
THE STATE OF FLORIDA:
TO: KAREN WEISS
2328 Grenadines Way
Naples, Florida 34120
YOU ARE HEREBY COMMANDED to appear before the Honorable Brenda C. Garretson,
Special Magistrate, Collier County Code Enforcement, 3299 Tamiami Trail, East, Building F, Naples,
Florida 34112, on Friday, August 7,2020, beginning at 9:00 a.m. to testiff in the above-styled cause. If
you fail to appear, you may be in contempt of Court.
You are subpoenaed to appear by the following attorney, and unless excused from this subpoena
by this attorney or the Special Magistrate, you shall respond to this subpoena as directed.
WITNESS my hand on this day of July, 2020
By:
COLLEEN J. MaoALISTER
Florida Bar No. 080471 I
Law Offices of Colleen J. MacAlister, P.A.
5061 Napoli Drive
Naples, FL 34103
Page I of 2
5.A.3.a
Packet Pg. 62 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Phone: (239) 262-37 60
FAX: (239)790-5779
colleen@cjmaclaw.com
Attorney for Respondent
If you are a person with a disability who needs any accommodation in order to
participate in this proceedings, you are entitled, at no cost to you, to the provision of certain
assistance. Please contact Charles Rice, Administrative Services Manager, 3315 E. Tamiami
Trail, Suite 501, Naples, FL 34112, whose telephone number is 239-252-8800, at least seven
days before your scheduled appearance, or immediately upon receiving this notification if
the time before the appearance is less than 7 days; if you are hearing or voice impaired, call
711.
Page 2 of 2
5.A.3.a
Packet Pg. 63 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12962 : CELU20200000904 FOGGS INVESTMENTS LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12963) DOC ID: 12963
Updated: 7/27/2020 3:10 PM by Elena Gonzalez Page 1
CELU20200000904 FOGGS INVESTMENTS LLC
CASE NO: CELU20200000904
OWNER: FOGGS INVESTMENTS LLC
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. The processing/recycling of
gravel, stone/concrete and earthly material without a conditional
use.
FOLIO NO: 00190600006
PROPERTY 10270 Immokalee RD, Naples, FL 34120
ADDRESS:
7.A.1
Packet Pg. 64
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CE1U20200000904
FOGGS INVESTMENIS1LC , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flo(ida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE:
TIME:
PLACE:
VIOLATION:
08t07 t2020
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
Prohibited Use 2.02.03
LOCATION OF VIOLATION: 10270 lmmokalee RD, Naples, FL 34120
SERVED: FOGGS INVESTMENTS LLC, Respondent
John Fuentes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Contlnuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordanance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEIVIENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239\ 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communication, or other aeasonable accommodations lo participate in this proceeding,
should contact the Collier County Facilities l\,'lanagement Division, located at 3335 Tamiami Trail E., Suite '101, Naptes, Ftorida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided al no cost to lhe
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor enlendamiento con las comunicaciones de este evenlo. Por favor traiga su propio traductor.
AVETISMAN: Tout odisyon yo fdt an angB. Nou pan gin moun pou fe tradiksyon Si ou pa pale angle lanpri vini avdk yon inteprdt pou pate pou-ou.
7.A.1.a
Packet Pg. 65 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12963 : CELU20200000904 FOGGS INVESTMENTS LLC)
Case Number: CELU20200000904
Dete: May 11,2020
lnvBstigator: John Fuentes
Phone| 2392525727
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VIOLATION
Owner: FOGGS INVESTMENTS LLC
10270 IMMOKALEE RD
NAPLES, FL 34120
Registered Agent: Fogg, Stanley R, Jr
Location: 10270 lmmokalee RD, Naples 34120
Location: 10270 lmmokalee RD, Naples
Unlncorporated Collier County
Zoning oist: A
Property Lsgal D6cripuon: 25 48 26 E 1r2 OF NW 1/4 OF NE 1/4. LESS ORDER OF TAKING DESC lN OR
3292 PG 135
Folio: 190600006
NOTICE
PuBuant to Collier County Consolidated code Enforcement Regulatlons, Collior County Code of
Larys and Ordinances, Chapter 2, Article lX, you are notlfied that a violation(s) of the following
Collier County Ordinance(s) and or PUD Regulation(8) exists at the above-described location.
Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 0441 as
amended, Section 1.04.01 (A)
The Collier County Land Development Code, 2004-41 , As Amended, Section 2.02.03, Prohibited Uses.
A. The provisions of this LDC shall apply to all land, property and development in the tolal unincorporated area of
Collier County except as exp.essly and specilically provided otherwise inthis LDC. No development shall be
underlaken without prior authorization pursuant to this LDC. Spacifically, no building, slructure, land or water shall
hereafrer be developed, or occupied, and no building, struclure, or part thereof shall be erected, r€constructed,
moved, located, or structurally altered except in confomity with the regulations set forth herein and for the zoning
district in v{hich it is located :
Any use or structure not specifically identified in a zoning district as a permrtted use, conditional use, or
accessory use shall b€ prohibited in such zoning district. :
Violation Status - lnitial
DESCRTPTION OF GONDTTTONS CONSTTTUTTNG THE VTOLAT|ON(SI.
Did Witness: The processlngrrecycling Gravel, Stonerconcrete and earthly mated.l without a
conditional usG.
ORDER TO CORRECT VIOLATION(SI:
You are directed by this Notice to take the tollowing corrective action(s):
lnitial lnspection
1. Must comply wjlh all land use standards of the Collier County Land Development Code 04-41 , as
amended and adhere to the approved Site Development Plan for said location.
2. Cease any/all unauthorized act vity, which is not a permitted, accessory, or an approved
conditional use for said location.
7.A.1.a
Packet Pg. 66 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12963 : CELU20200000904 FOGGS INVESTMENTS LLC)
3. Must obtain all required Collier County approvals, if applicable, by any means required to operate
the processing/recycling activities or remove all related material and equipment for unapproved
used on said location.
oN OR BEFORE: 0513112020
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to 9500 and costs of
prosecution. oR
2) Code Enforcement Board review that may result in fines up to $1000 perday per violation, as long as
the violation remains, and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULO BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Or, Naples, FL 34104
Phone: 239 252-2440 F M. 239 252-2343lnvestigator Signature
John Fuentes
Case Number: CELU20200000904
Signature and Title of Recipient
S+^\ Fqe
Printed Name of R ecipEh0
A\ rs .i\D
'Thi3 violedon may rsquire additlonal complianco and approval ,rom othe. departmonts which may bG requirod under local,
stalc and isdsral regulation3, lncluding, but not limlted to: rigm-of-ray permit, building po.mit, demolition ofstructur6, Site
DqveloFnent Plan, lrrsubstantial Chang€ to Slte Devoloproent Plan, and Variances along with, payment of impact tses, and
any nBlv or outstanding fe€s rcquirod for approval.
Date
-4tr'
7.A.1.a
Packet Pg. 67 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12963 : CELU20200000904 FOGGS INVESTMENTS LLC)
The Collier County Land Development code, 20O4-4L, As Amended
1.04.01 - Generally
A. The provisions of this LDC shall apply to all land, property and development in the total
unincorporated area of Collier County except as expressly and specifically provided otherwise in this
LDC. No development shall be unde(aken without prior authorization pursuant to this LDC.
Specifically, no building , structure , land or water shall hereafter be developed, or occupied, and no
building , structure , or part thereof shall be erected, reconstructed, moved, located, or structurally
altered except in conformity with the regulations set forth herein and for the zoning district in which it is
located.
2.02.03 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use, conditional
use , or accessory use shall be prohibited in such zoning district.
7.A.1.a
Packet Pg. 68 Attachment: CELU20200000904 FOGGS INVESTMENTS LLC (12963 : CELU20200000904 FOGGS INVESTMENTS LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13006) DOC ID: 13006
Updated: 7/27/2020 3:11 PM by Elena Gonzalez Page 1
CELU20200001825 Guerrero and Teran
CASE NO: CELU20200001825
OWNER: Daniel Guerrero and Juana Alvarez Teran
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
FOLIO NO: 37066360003
PROPERTY 108 11th St NW, Naples, FL 34120
ADDRESS:
7.A.2
Packet Pg. 69
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, PIaintiff,
Case: CELU2020000'1825
VS
DANIEL GUERRERO and JUANA ALVAREZ TERAN.Respondent(s)
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities lvlanagement Division, located al 3335 Tamiami Trait E., Suite iOl, Naples, Ftorida 341i2, or (239) 2S)-83g0
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cosl to the
individual.
NOT|FlcAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios lhe traduccion no seran disponibtes en ta audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de este evento. Por favor lraiga su propio lraduclor.
AVETISMAN: Toul odisyon yo fdt an angle. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angla tanpri vini avek yon intdprdt pou pal6 pou-ou.
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special l/agistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, Fl 34112
VIOLATION: Accumulation of Litter 54-'181 and 2.02.03
LOCATION OF VIOLATION: 108 11th ST NW Bullding, Naptes, FL 34120
SERVED: DANIEL GUERRERO and JUANA ALVAREZ TERAN, Responden
Paula Guy, lssuing Officer
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three coples.
Alleged violators have the raght to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
7.A.2.a
Packet Pg. 70 Attachment: CELU20200001825 Guerrero and Teran (13006 : CELU20200001825 Guerrero and Teran)
Case Number: CELU2020OOO1 825
Date: February 20,2020
lnvestigator: Pauia Guy
Phone: 239-252-5756
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: GLJERRERO, DANIEL JUANA ALVAREZ TERAI'
108 11TH ST NW
NAPLES, FL 34120
Location: 108 11th ST NW, Naples
Unincorporated Collier County
Zoning Oist: E
Properly Legal Description: GOLDEN GATE ESr UNIT 10 Wl80FT OF TR 101
Folio: 37066360003
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Adicle lX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Unauthorized accumulation of litter. Collier County Code of Laws , Chapter 54 Environment, Article Vl
Weeds Litter and Exotics, Section 54-18'1
The Collier County Land Development Code, 2004-41, As Amended, Section 2.02.03, prohibited Uses.
Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any publ,c street, alley or other public
or private place is a violation of0ris articie. Any property owner, lenant, occupanl, agent. manager, or other person who owns ina ntains
or controls private property, whether improved or unimproved, is hereby declared to be in violation of this ailicie where any such
unauthorized accumulation of litter is maintained or is allowed to remain on such property .
Any use or structure not specifically identifled in a zoning dishict as a permitted use,conditional use, or accessory use shall
be prohibited rn such zoning drstricl. :
Violation Status - lnitial
DESCRtpTtON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S).
Did Witness: Observed litter and prohibited outside storage to include but not limited to, large pites of vegetation
consisting of cut trees and branch cuttings, construction materials, household junk trash and debris.
ORDER TO CORRECT VIOLATION(S}:
You ars directed by this Notice to take the following corrective action(s):
1. Must remove all unaulhorized accumulation of litter and all other items not permitted for outside storage to a site
designated for such use, or store desired items in a completely enclosed structure.
2. Cease the outside storage activity, which is not a permitted, accessory, or conditional use in this zoning district.
ON OR BEFORE: 03/08/2020
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in flnes up to $5OO and costs of
prosecution. OR
2) Code Enforcement Board review
remains, and costs of prosecution.
that may result in flnes up to 91 day per violation, as long as the violation
DBY INOUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone 239 252-244A FAX: 239 252-2343stigator Signature
Paula Guy
Case Number: CELU202 5
7.A.2.a
Packet Pg. 71 Attachment: CELU20200001825 Guerrero and Teran (13006 : CELU20200001825 Guerrero and Teran)
Sjgnature and Title of Recipient
Printed Name of Recipient
Date
,This violation may equire addilional compliance and approval f.om other departments which may be required under local, state and federal
regulalions, including, but not limited to: right-of"way permit, bulldlng permit, demolition o, structure, Sits Development Plan, lnsubstantial
Chango to Site Development Plan, and Variances along with, paymenl o, impact le€s, and any new or oulstanding leos required foraPprova!.
7.A.2.a
Packet Pg. 72 Attachment: CELU20200001825 Guerrero and Teran (13006 : CELU20200001825 Guerrero and Teran)
The Collier County Code of Laws and Ordinances
Sec. 54-181. - Unauthorized accumulation of litter
Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon
any public street, alley or other public or private place is a violation of this article. Any property owner,
tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,
whether improved or unimproved, is hereby declared to be in violation of this article where any such
unauthorized accumulation of litter is maintained or is allowed to remain on such property.
(Ord. No. 2005-44,5 7)
The Collier County Land Development Code, 2004-41, As Amended
2.O2.O3 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use, conditional
use , or accessory use shall be prohibited in such zoning district.
7.A.2.a
Packet Pg. 73 Attachment: CELU20200001825 Guerrero and Teran (13006 : CELU20200001825 Guerrero and Teran)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13007) DOC ID: 13007
Updated: 7/28/2020 2:56 PM by Elena Gonzalez Page 1
CELU20190014318 Torres
CASE NO: CELU20190014318
OWNER: Udene M Torres and Andres Torres
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.02.03 and Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95. A vehicle
parked on an unimproved lot.
FOLIO NO: 61482160002
PROPERTY 3116 Linwood Ave, Naples, FL 34112
ADDRESS:
7.A.3
Packet Pg. 74
BOARD OF COUNry COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS
UDENE M TORRES & ANDRES TO RRES , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, Fl 34112
VIOLATION: Prohibited Use 2.02.03 and 130-95
LOCATION OF VIOLATION: 3116 Linwood AVE, Naples, FL 34112
SERVED: UDENE M & ANDRES TORRES, Respondent
Latoya Thompson, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasas on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to parlicipate in this proceeding,
should contact the Collier County Facilities l\4anagement Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252 8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esla audiencia sera conducida en el idioma lngles. Servicios lhe traduccron no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor enlendrmiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVET|S tAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon intepret pou pal6 pou-ou.
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
Case: cELU20190014318
7.A.3.a
Packet Pg. 75 Attachment: CELU20190014318 Torres (13007 : CELU20190014318 Torres)
Case Number: CELU20190014318
Date: February 1O,2O2O
lnvestigator: Latoya Thompson
Phone: 239-252-23421239-877 -81 22
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: TORRES, UDENE M & ANDRES
3116 LINWOOD AVE
NAPLES, FL 34112
Location: 3116 Linwood AVE, Naples
Unincorporated Collier County
Zoning Dist: RMF-6-GTMUD-R
Property Legal Description: NAPLES BETTER HOMES 1ST ADD BLK 5 VACATED WALTON CT, LYINGBETWEEN LOTS 14 &
15, BLK4 & LOTS 14 & 15, BLK 5
Folio; 61482160002
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the abovedescribed location.
Ordinance/Code: TheCollierCountyLandDevelopmentCode,2004-41,AsAmended,Section2.02.03,Prohibited
Uses. Storage and Use of Vehicle ControlOrdinance, Code of Laws and Ordinances, Chapter 130, Article lll, Section
130-9s
Any use or structure not specifically identifed in a zoning district as a permitted use, conditional use, or acc€ssory use shall be
prohibited in such zoning district.:
Limitatlons on parking, storage of vehicles without current license plates.
Vehicles or trailers of any gpe that are not immediately operable, or used for the purpose for which they were
manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code;
or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or
stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the
purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a
fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed.:
Violation Status - lnitial
DESCRTPTTON OF CONDITTONS CONSTTTUTTNG THE VTOLATTON(S).
Did Witness: a vehicle parked on an unimproved lot.
ORDER TO CORRECT VIOLATION{SI:
You are directed by this Notice to take the following corrective action(s):
Remove the vehicle, which is not a permitted, accessory, or conditional use in this zoning district.
Must obtain and affix a current valid license plate to each vehicle ltrailer not stored within the confines of a completely
enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove offending
vehicle(s)kaile(s) from residentially zoned area AND/OR Must repair defects so vehicle is immediately operabte, OR
store same within a completely enclosed structure, OR remove offending vehicle(s)and/or trailer(s)from residentially
zoned area, including Estates zoned property. AND/OR Cease and desist sale and/or display of vehicle(s), equipment
and/or merchandise adjacent to any public right-of-way
ON OR BEFORE: AA19I202A
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
7.A.3.a
Packet Pg. 76 Attachment: CELU20190014318 Torres (13007 : CELU20190014318 Torres)
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34'104
Phone: 239 252-2440 FAX: 239 252-2343
Case Number: CELU201 900143r8
Signature and Title of Recipient
Printed Name of Recipient
Date
*This violation may require additional compliance and approval from other departments which may be required under local, state and federal
regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantial
Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval.
7.A.3.a
Packet Pg. 77 Attachment: CELU20190014318 Torres (13007 : CELU20190014318 Torres)
The Collier County Land Development Code, 2004-41 , As Amended
'1.04.01 - Generally
A. The provisions of this LDC shall apply to all land, property and development in the total
unincorporated area of Collier County except as expressly and specifically provided otherwise in this
LDC. No development shall be undertaken without prior authorization pursuant to this LDC.
Specifically, no building , structure , land or water shall hereafter be developed, or occupied, and no
building , structure , or part thereof shall be erected, reconstructed, moved, located, or structurally altered
except in conformity with the regulations set forth herein and for the zoning district in which it is located.
2.02.03 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use, conditional use ,
or accessory use shall be prohibited in such zoning district.
The Collier County Code of Laws and Ordinances
Sec. 130-95. - Limitations on parking, storage of vehicles without current license plates.
Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which
they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not
meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of
Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates
district, other than in a completely enclosed building. For the purpose of this section, a license plate shall
not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law
and is registered to the vehicle or trailer upon which it is displayed.
7.A.3.a
Packet Pg. 78 Attachment: CELU20190014318 Torres (13007 : CELU20190014318 Torres)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13008) DOC ID: 13008
Updated: 7/27/2020 3:15 PM by Elena Gonzalez Page 1
CEPM20200002714 Hutzenlaub
CASE NO: CEPM20200002714
OWNER: Wolfgang Hutzenlaub
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22,
Article VI, Section 22-231(15). An unmaintained pool.
FOLIO NO: 61780200004
PROPERTY 3179 Caledonia Ave, Naples, FL 34112
ADDRESS:
7.A.4
Packet Pg. 79
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CEPM20200002714
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0810712020
TIME: 09:00 Aiil
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Private Pool Maintenance - Dwelling 22-231(15)
LOCATION OF VIOLATION: 3179 Caledonia AVE, Naples, FL34112
SERVED: WOLFGANG HUTZENLAUB, Respondent
Latoya Thompson, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone lvho requires an auxiliary aid or service for effective communicalion, or other reasonable accommodations to participate in this proceeding,
shoutd contact the Cotlier County Facilities Management Division, located al 3335 Tamiami Trail E., Suite '101, Naples, Florida il41 12, or (239) 252-8380,
as soon as possible, but no lateithan 48 hours before the scheduled event. Such reasonable accommodations will be provided al no cost to the
individual.
NOT|F|CACION: Esta audiencia sera conducida en el idioma lngles. Servicios the lraduccion no seran disponibles en la audiencia y usted sera
ieiponsable de proveer su propio kaductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor trajga su propio traductol.
AVETTSMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fe tadiksyon. Si ou pa pal6 angld tanpri vini avdk yon intdpret pou pal6 pou-ou.
WOLFGANG HUTZENLAUB, Respondent(s)
7.A.4.a
Packet Pg. 80 Attachment: CEPM20200002714 Hutzenlaub (13008 : CEPM20200002714 Hutzenlaub)
Case Number: CEPM202000027t4
Oate: March 13, 2020
lnvegtigato.: Junior Torres
?honet 2392522342
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: HUTZENLAUB, WOLFGANG
1215 FOREST AVE
NAPLES. FL 34.I09
Location: 3179 Caledonia AVE, Naples
Unincorporated Collier County
Zoning Di3t: RSF{-GTMUD-R
Proparty Legal D6cription: NAPLES GARDENS BLKA LOTS 10 + 11
Folio:61780200004
NOTICE
Purcuantto Collier County Consolidated Code EnforcemGnt Regulations, Collier County Code of Laws and
Ordinanc6s, Chaptcr 2, Articlo lX, you ars notifisd that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the abovedescribed location.
Ordinance/Code: Compliance with housing standards. Colller County Code of Laws and Ordinances Chapter 22
Buildings and Building Regulations, Article Vl Property Maintenance Code , Section 22-231 (15)
Florida Building Code 6th Edition (2017) Bui:din9. Chapter 4 Special detailed requirements based on use and occupancy
Section 454 Swimming pools and bathing places, 454.2.17 Residential swimming ba.rier .equrremenl.
15. Pool maintenance, pivate. All swimming pools, spas and architectural poois. ponds or orher decorative bodres of water. not
otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbo. nsect
infestation. Water shall not be allowed to stagnate or become polluted All pools shall be free from unsig htly apgearance rncluding but
not limded rc, free of molo, lrtter and debns
Residential swimming pools shall comply with Sections 454.2 17.1 through 454 2 17 3
Violation Status - lnitial
DESCRTPTTON OF CONDITTONS CONSTTTUTTNG THE VTOLATTON(S).
Did Witness: Observed a broke fence gate as well as an unmaintained pool
ORDER TO CORRECT VIOLATION(S}
You are directed by this Notice to take the following corrective action(s):
1. Must chemically treat the pool water and kill the algae groMh and maintain the flltrataon system to keep the pool
water clean and provide bi-weekly treatment. Altematively, respondent may chemically treat the pool water killing the algae
growlh and cover the pool in a method which will prevent safety hazards. rnsect infestations, and the intrusion oi rain
water.
2. Must erect, fix, or repair an approved pool barrier to avoid saiety concerns AND / OR Must apply for and obtain
applicable permits for a permanent pool enclosure and/or protective barrier and follow through to cerliflcate of completion.
3. Must immediately place a temporary fence around the pool until the origjnal fence is repaired.
ON OR BEFORE: Ap?:l lAh, 2020
Failure to correct violations may result in:
'1) Mandatory notice to appear or issuance ol a citation that may result in fines up to $500 anc costs of
prcsecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation. as loog as the vrolation
remains, and costs of prosecution
INOUIRIES ANg COMMENTS SHOULD BE
DIRECTED TO COOE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-23/'3
tor
n
orres
Case cEPM20200002714
Signature and Title of Recipient
SERVED BY:
7.A.4.a
Packet Pg. 81 Attachment: CEPM20200002714 Hutzenlaub (13008 : CEPM20200002714 Hutzenlaub)
Printed Name of Recrpient
Date
'Thls viola{on may requlre additional complianco and approval trom othor doparlmonts whach ftay be roquired undor local. state and foderatloguldons, includlng, but not limitgd to: rightd-$ay perml:, bulldlng pormil, domolilion of structuro, Sito Ogvelopmont ptan, lnsubstantial
chango to shg oewlopmgnt Pl5n, and va,laace6 along whh, paymont ol llnpac! feos. and aay nEw or outstanding fees requirsa, tor approvat.
7.A.4.a
Packet Pg. 82 Attachment: CEPM20200002714 Hutzenlaub (13008 : CEPM20200002714 Hutzenlaub)
The Collier County Code of Laws and Ordinances Sec.22-231 (15)
'15. POOL MAINTENANCE, PRIVATE - all swimming pools, spas and architectural pools, ponds
or other decorative bodies of water, not otherwise regulated by the Health Department, shall be
properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall
not be allowed to stagnate or become polluted. All pools shall be free from unsightly
appearance, including but not limited to, free of mold, litter and debris.
b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this
code so as to constitute a nuisance or fire hazard.
c. All buildings, structures, accessory structures (including private swimming pools), dwelling
units shall be regularly maintained and kept free of infestation.
d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a
clean and sanitary condition as prescribed by the Health Department.
7.A.4.a
Packet Pg. 83 Attachment: CEPM20200002714 Hutzenlaub (13008 : CEPM20200002714 Hutzenlaub)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13011) DOC ID: 13011
Updated: 7/27/2020 3:21 PM by Elena Gonzalez Page 1
CESD20190012281 Hanks
CASE NO: CESD20190012281
OWNER: Rickey Lee Hanks II and Krystal Hanks
OFFICER: Bradley Holmes
VIOLATIONS: 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). An
unpermitted treehouse on the property.
FOLIO NO: 36710960006
PROPERTY 3875 7th Ave NW, Naples, FL 34120
ADDRESS:
7.A.5
Packet Pg. 84
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIAiNtiff,
VS,
Case: CESD20190012281
PI'KtrY I EE HANKS I I '. KPYST AL HANKS Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Building Permit LDC 10.02.06(BX1 Xa) and 1 0.02.06(8)(1Xe)(i)
LOCATION OF VIOLATION: 3875 7th AVE NW, Naples, FL34120
SERVED: RICKEY LEE HANKS ll & KRYSTAL HANKS, Respondenl
Bradley Holmes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist ofthe original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34'104
(239) 252-2496 Telephone
Anyone lvho requires an auxiliary aid or service lor effective communication, or other reasonable accommodations lo participate in this proceeding,
should conlact the Collier County Facilities Managemenl Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252-8380,
as soon as possible, but no later than 48 hours before lhe scheduled event. Such reasonable accommodations will be provided at no cost lo the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios lhe traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor lraiga su paopio traduclor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pald angB tanprivini avek yon intepret pou pale pou-ou.
7.A.5.a
Packet Pg. 85 Attachment: CESD20190012281 Hanks (13011 : CESD20190012281 Hanks)
Case Number: CESD2019001 2281
Date: December 5, 2019
lnvestigator: Bradley Holmes
Phone,239.877 8,24
Location: 3875 7th AVE NW, Naples
Unincorporated Collier County
Zoning Dist: E
Property Legal Description: GOLDEN GATE EST UNIT 3 S 1/2 OF TR '17
Folio: 36710960006
NOTICE
Pursuant to Collier Gounty Consolidated Code Enforcement Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article lX, you are nolified that a violation(s) of the following
Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code:
Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required)
Collier County Land Development Code 0441, as amended, Section 10,02.06(BXlXa)
The County Manager or his designee shall be responsible for determinjng whether applications for building or land
alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of
this Code, and no building or land alteration permit shall be issued without written approval that plans submitted
conform to applicable zoning regulations, and other land development regulalions For purposes of this section a land
alteration permit shall mean any written autho.ization to alter land and for which a bullding permit may not be
required. Examples include but are not limited to clearing and excavation permils, site development plan approvals,
agricultural clearing permits, ard blasting permits. No building or structure shall be erected, moved, added to, altered,
utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the
required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this
Code.
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: HANKS ll, RICKEY LEE & KRYSTAL
3875 7TH AVE NW
NAPLES, FL 34120
Submiftal Requirements for Permits. Building or Land Alteration permits. lmprovement of
property prohibited prior to issuance of building permit. collier county Land Development code
0441 as amended, Section 10.02.06(BXl XeXi)
i. ln the event the improvement of property, construction of any type, repairs or remodeling of any type
that requires a building permit has been completed, all requtred inspection(s) and certificate(s) oi
occupancy must be obtained within 60 days after the issuance of after the fact permit(s).:
ORDER TO CORRECT V TION(S):
ou are directed by this Notice to take the following corrective action(s):
. 1 . Must obtain arr required collier county Bu;lding permit(s) or Demorition permit(s) and request allinspections through certificate of compretion/occuplncy for described structure/ arteration.
. 2
-Must obtain all inspections and Certificate of occupancy or Certificate of Completion as required inthe 2007 Florida Building Code.
Violation Status - lnitiat
DESCRTpTtON OF CONDTTIONS CONSTTTUTTNG THE VtOLATtON(S).
Did Witness: An unpermitted tree-house structure.
7.A.5.a
Packet Pg. 86 Attachment: CESD20190012281 Hanks (13011 : CESD20190012281 Hanks)
ON OR BEFORE: 0110412020
Failure to correct viotations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343Signature
Bradley Holmes
Case Number: CESD201 90012281 Z'/ Z--- dtw,.
Signatu and Title of Recipient
F,.k, /4 lt
Printed Name of Recipient
/<- f' ?ut?
Date
.This violation may require additional compliance and approval from other deparilnents which may be required under local,
state and federal regulations, including, but not limited to: right-of-way permit, building p€rmit, demolition of structure, Site
Oevslopment Plan, insubstantial Change to Site Developmant Plan, and Variances along with, payment of impact fees, and
any new or outstanding fees required for approval.
7.A.5.a
Packet Pg. 87 Attachment: CESD20190012281 Hanks (13011 : CESD20190012281 Hanks)
The Collier County Land Development Code, 2004-41 , As Amended
10.02.06 - Requirements for Permits
B. Building Permit or Land Alteration Permit.
1. Building or land alteration permit and certificate of occupancy compliance process
a Zoning action on building or land alteration permlts. The County Manager or his designee
shall be responsible for determining whether applications for building or land alteration
permits, as required by the Collier County Building code or this Code are in accord with
the requirements of this Code, and no building or land alteration permit shall be issued
without written approval that plans submitted conform to applicable zoning regulations, and
other land development regulations. For purposes of this section a land alteration permit
shall mean any written authorization to alter land and for which a building permit may not
be required. Examples include but are not limited to clearing and excavation permits, site
development plan approvals, agricultural clearing permits, and blasting permits. No
building or structure shall be erected, moved, added to, altered , utilized or allowed to
exist and/or no land alteration shall be permitted without first obtaining the authorization of
the required permit(s), inspections and certificate(s) of occupancy as required by the
Collier County Building Code or this Code and no building or land alteration permit
application shall be approved by the County Manager or his designee for the erection,
moving, addition to, or alteration of any building , structure , or land except in conformity
with the provisions of this Code unless he shall receive a written order from the Board of
Zonrng Appeals in the form of an administrative review of the interpretation, or variances as
provided by this Code, or unless he shall receive a written order from a court or tribunal of
competent jurisdiction.
lmprovement of propefty prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of any
type may be commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land development Code or
other applicable county regulations. Exceptions to this requirement may be granted by the
County l\4anager or his designee for an approved subdivision or site development plan
to provide for distribution of fill excavated on-site or to permit construction of an approved
water management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal
of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 3 and '10.
i. ln the event the improvement of property, construction of any type, repairs or
remodeling of any type that requires a building permit has been completed, all
required inspection(s) and certificate(s) of occupancy must be obtained within 60 days
after the issuance of after the fact permit(s).
e
7.A.5.a
Packet Pg. 88 Attachment: CESD20190012281 Hanks (13011 : CESD20190012281 Hanks)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13013) DOC ID: 13013
Updated: 7/27/2020 3:25 PM by Elena Gonzalez Page 1
CES20200003887 ML LAND LLC
CASE NO: CES20200003887
OWNER: ML LAND LLC
OFFICER: Ryan Cathey
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 5.06.06(A) and 5.06.06(A)(8). Multiple prohibited
signs (flutter flags/wind signs) in the right of way.
FOLIO NO: 418400700
PROPERTY 3713 Milano Lakes CIR, Naples, FL 34114
ADDRESS:
7.A.6
Packet Pg. 89
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrat€
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CES20200003887
ML LA D LLC,Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 '12
VIOLATION: Sign not in conformance 5.06.06(4) and 5.06.06(AXB)
LOCATION OF VIOLATION: 3713 Milano Lakes ClR, Naples, FL 341 14
SERVED: ML LAND LLC, Respondent
Ryan Cathey, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special lilagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEIVIENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodalions will be provided at no cost to the
individual.
NOTIFICACION: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor kaiga su propio traductor.
AVEISmANT Tout odisyon yo fet an angE. Nou pan gan moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon inteprel pou pale pou-ou.
7.A.6.a
Packet Pg. 90 Attachment: CES20200003887 ML LAND LLC (13013 : CES20200003887 ML LAND LLC)
Case Number: CE520200003887
Date: April 10.2020
' "';i':n xl' 1; 3 Tr8_i[l
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
OwneT: ML LAND LLC
7742 ALTCO RD
FT MYERS, FL 33912
Registered Agent: DAVID E TORRES
7742 ALTCO RD
Naples, FL 33912
Location: 37't3 Milano Lakes ClR, Naples Unincorporated Collier County
Zoning Dist: MPUD Property Legal Description: 14 50 26 THAT PORTION OF 51/2 OF NW1/4 AS DESC lN OR
3908 PG 3963 Folio:418400700
NOTICE
Purcuant to Collier County Consolidated Gode Enforcement Regulations, Collier County Code of
Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Prohibited Siqns. Gollier Countv Land Development Code 0441 as amended.
Section 5.06.06(AX8): Any sign not specifically permitted by this sign code shall be prohibited; Any sign
not in conformance with the requirements in sections 5.06.00 through 5.06.05 and 5.06.09
Violation Status - Recurring
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VIOLAT|ON(S).
Did Witness: Multiple flutter ffagslwind signs in the right of way
ORDER TO CORRECT VIOLATION(SI:
You are directed by this Notice to take the following corrective action(s): Remove any and all flutter
flags/wind signs as defined in 4441, as amended Section 5.06.06(0).
ON OR BEFORE: April20.2020
This case will be oreoared for a hearino even if the violation has been abated due to the recurrinq
nature of the violation.
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2)Code Enforcement Board review that may result in fines up to $'t000 per day per violation. as long as
the violation remains, and costs of prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples FL 34104
Phone 239 252-2440 FAX: 239252-2343
Ryan
Case Number: CES20200003887
Signature and Title of Recipient
Printed Name of Recipient
Date
Signature
*This violation may require additional compliance and approval trom other departments which may be required under local,
state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site
Development Plan, lnsubstantial Change to Site Developmont P,an, and Variances along with, payment of impact fees, and
any new or outstanding fees required for approval.
'qnck-
7.A.6.a
Packet Pg. 91 Attachment: CES20200003887 ML LAND LLC (13013 : CES20200003887 ML LAND LLC)
Collier County Land Development Code 04-41, as Amended, Section 5.06,06(A): Prohibited.
Any sign not specifically permitted by this sign code shall be prohibited.
Collier County Land Development Code 04-41, as Amended, Section 5.06.06(AX8): Any sign
not in conformance with the requirements in sections 5.06.00 through 5.06.05 and 5.06.09.
7.A.6.a
Packet Pg. 92 Attachment: CES20200003887 ML LAND LLC (13013 : CES20200003887 ML LAND LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13015) DOC ID: 13015
Updated: 7/27/2020 3:29 PM by Elena Gonzalez Page 1
CEPM20200000248 Estrada EST
CASE NO: CEPM20200000248
OWNER: Reynaldo Estrada EST
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1) and 22-231(12)(c). Vacant
mobile home with blue tarp in disrepair along with down trees
and tree limbs on the property.
FOLIO NO: 66220280000
PROPERTY 419 15th St SE, Immokalee, FL 34142
ADDRESS:
7.A.7
Packet Pg. 93
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CEPM20200000248
VS
REYNALDO ESTRADA EST , Respondent(s)
PLEASE TAKE NOTICE that Pursuant to Section 102.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07 44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0810712020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341'12
VIOLATION: General Maintenance 22-228(1) and 22-231(121(c)
LOCATION OF VIOLATION: 419 1sth ST SE, lmmokalee, FL 34142
SERVED: REYNALDO ESTRADA EST, Respondenl
John Connetta, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special lvlagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER AOVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate jn this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florjda 341 12, or (239) 252-8380
as soon as possible, but no later than 48 hours before lhe scheduled event. Such reasonable accommodatrons will be provided at no cosl to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor kaiga su propio traductor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angld tanpri vini avek yon intepret pou pal6 pou ou.
NOTICE OF HEARING
7.A.7.a
Packet Pg. 94 Attachment: CEPM20200000248 Estrada EST (13015 : CEPM20200000248 Estrada EST)
Case Number: CEPM20200000248
Oate: January 08, 2020
lnvestigator: John Connetta
Phonei 2392522448
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: ESTRADA EST, REYNALDO % DIANA ESTRADA PF
PO BOX 'l 293
IMI\4OKALEE, FI 34143
Location: 419 1sth ST SE, Unit: A, lmmokalee
Unincorporated Collier County
Zoning Dist: MH
Property Legal Description: PEARCE SUBD BLK 1 LOTS 16 -'18
Folio:66220280000
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Cha pter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUO Regulation(s) exists at the above-described location.
Ordinance/Code: Buildings and Building Regulations, Property l\ilaintenance Code, General Provisions. Collier County
Code of Laws and Ordinances Chapter 22, Article Vl, Section 22-228(1)
Compliance with housing standards. Collier County Code of Laws and Ordinances Chapler 22 Buildings and Building
Regulations, Article Vl Property lvlaintenance Code , Section 22-231('12)(c)
1. Maintenance.
Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premlses was
constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide
the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise
specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises:
12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in
good condition. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or
cause dampness in the wall or interior portion of the building.
Violation Status - lnitial
DESCRTPTTON OF CON DTTTONS CONSTTTUTTNG THE VtOLATtON(S).
Did witness: Vacant mobile home with Blue Tarp in disrepair along with down tree and tree limbs on the property
ORDER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corrective action(s):
lnitial lnspection
2. Must comply with any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Correct
ON OR BEFORE: 2/9/2020
Failure to correct violations may result in:
'l ) Mandatory notice to appear or issuance of a citation that may result in fines up to $5oo and costs of
Prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
RVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone. 239 252-2440 F M: 239 252-2343lnvestigSignature
1 . l\rust comply with all property maintenance requirements including but not limited to maintenance of buildings,
structures and premises as identified in Collier County Code of Laws and Ordinances, Chaplet 22, Article Vl Property
Maintenance.
7.A.7.a
Packet Pg. 95 Attachment: CEPM20200000248 Estrada EST (13015 : CEPM20200000248 Estrada EST)
hn Connetta
Case Number CEPM20200000248
Signature and Title of Recipient
Printed Name of Recipient
Date
'This violation may requi.e additional compliance and app.oval trom other depaftments which may be required undsr local, atate and federal
regulations, including, but not limited to: right-of-way pgrmit, building permit, demolition of structure, Site Devolopmsnt Plan, lrcubstantial
Change to Site Development Plan, and Variancas along with, paymenl of impact lees, and any new or outstanding ,ees required for approval.
7.A.7.a
Packet Pg. 96 Attachment: CEPM20200000248 Estrada EST (13015 : CEPM20200000248 Estrada EST)
The Collier County Code of Laws and Ordinances
Sec. 22-228. - General provisions.
Sec. 22-231. - Compliance with housing standards.
12. EXTERI9R AND tNTERtoR srRucruREs oF DWELL\N? u^l/rs - a the fo owing
component of a dwelling unit shall be maintained in good condition.
c. RooFS - Roofs shall be maintained in a safe manner and have no defects which might
admit rain or cause dampness in the wall or interior portion of the building.
Maintenance. Equipment systems, devices and safeguards required by this code or a prior code
under which the structure or premises was constructed, altered or repjired, shall be maintained ingood working order. The requirements of this code are not intended to provide the basls for removalor abrogation of the fire protection, safety systems and devices in existing structures. Except asotheMise specified herein, the owner shall be responsible for the maintenance of buildings,
structures and premises.
7.A.7.a
Packet Pg. 97 Attachment: CEPM20200000248 Estrada EST (13015 : CEPM20200000248 Estrada EST)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13016) DOC ID: 13016
Updated: 7/27/2020 3:31 PM by Elena Gonzalez Page 1
CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS
CASE NO: CEPM20200000033
OWNER: PRIME HOMES AT PORTOFINO FALLS
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(p), 22-231(12)(i) and 22-
228(1). Broken window in the upstairs bathroom, water stains
on ceiling in living room and upstairs bedroom caused by water
leaks from the roof and AC unit.
FOLIO NO: 32425006204
PROPERTY 7074 Venice Way Unit #2602, Naples, FL 34119
ADDRESS:
7.A.8
Packet Pg. 98
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
VS.
Case: CEPM20200000033
PRII\,IF H.)I\/ItrS AT P RTOFIN FALLS Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special l\ilagistrate on
the following date, time, and place for the violation below:
DATE : 08t07 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: General Maintenan ce 22-231(12)(p\ , 22-231(12\(i) and 22-228(1)
LOCATION OF VIOLATION: 7074 Venice WAY, Unit#:2602, Naples, FL 34119
SERVED: PRIME HOMES AT PORTOFINO FALLS, Responden'
John Connetta, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other aeasonable accommodations lo participate in this proc€eding,
should contact lhe Collier County Facilities lranagement Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 341'12, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodalions will te provided at no cost to the
individual.
NOTIFICAC|Ol{: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor enlendimienlo con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVEnS'T!AN: Tout odisyon yo fet an angB. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angld tanpri vini avdk yon intepret pou pal6 pou-otr.
7.A.8.a
Packet Pg. 99 Attachment: CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS (13016 : CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS)
Caso Number: CEPM20200000033
Date: January 06, 2020
lnve3tigator: John Connetta
Phono: 2392522448
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VIOLATION
Owner: PRIME HOMES AT PORTOFINO FALLS
4651 SHERIOAN ST STE 480
HOLLYWOOD, FL 33021
Locadon: 7074 Venice WAY, Unit: 2602, Naptes
Unlncorporatsd Colller County
Zonlng Dlst: PU0
lroporty Logrl Doscriptlon: FALLS OF PORTOFINO CONDOMTNTUM NO 5, THE UN|T 2602
Follo: 32425006204
Pursulnt to Cllll3. County Consolidated Code gnforffnrent Regutations, co ier county Code of Laws andordln.ncas, chaptoT 2, Articlo lx, you are notified that a vlolatio;(s) ot the tollowing Co'itiar county Ordinance(s)
and or PUO Regulation(s) erbts at ths above{oscribod location.
Ordinancs/code: Euildings and Building- Regulatrons, Property Maintenance code, General provisions. Coltier CountyCode of Laws and Ordinances Chapter 22, Articte Vl. Seclion 22-229(i )Compliance with housing standards. Collier County Code of Laws and 6rdinances Chapter 22 Burldrngs and BuitdjngRegulations, Article Vl Property Maintenance Code, Sect,on 22-23i(12)(p)
Compliance with housing standards. Collier County Code of Laws and Oidinances Chapter 22 Buitdings and Buiiding
Regulations, Article Vl Property Maintenance Code , Section 22-231(12Xi)
1. Maintenance
Equipment syslgms devices and safuguards required by this code or a prior code under whrch the structure or premises wascrnsttucted, altored or repair€d, shall bo maintained in good working order The requirements of thjs code are not rntended to provjdethE basis tor removal or abrogation of the fire proteclron, safety systims and devices rn exrsting structures Except as otnerwrsespecified he€an, the owner shall be rgsponsibte for the maintena;ce of buitdings structures ant premrses
12. Exterior and interior slructures of dwelling units. All the follo\,r,/ing component of a dwelling unit shall be marntained ingood condition. p. lnlerior floor, walls and ceiling Every dwelling un-it shait have a p"rrrn"ni noo1 ofiplroved materiatprescribed by the Building Code. Every floor and interior wall sh;ll be free from rnlestation and maintained in good repairto prevent deterioration and shall be capable of supporting the load whjch normal use may cause to be lticed thereon :
i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided withlockable hardware, and shall be weather-tight and weatherproof, and m!iniaineo in good repair. euery'w'noow required forlight and ventilation for habitable rooms shall be capable of being opened easily anJsecured in
"
po.ltion by wrndowhardware. windowpanes or approved substitutes shall be maintiined without ciacxs or irotes. ofJnirjr ori!inrrrydesigned as windows and doors shall be marntained as such, unless approved by the building oificiat ior enctosure Theclosing in of a window or door shall be.by bricking the.opening. blocking the openrng wrth con-crete blocks and stuccoingthe exterior' utilization of an authorized building material and inishing t-he exterior with like materiat of the onginal exteriorsurface, or boarding the opening. When boarding is used, it shall beirim fit, seated to prevent water jntrusLn, and painted
or stained to conform with the other exterior portions of the building. The boarding shjll remain in place no tonger than 1gmonths, unless an extension is granted by code enforcement speclal master.:
Violation Status - lnitial
DESCR|pnON oF coNDtTtoNS coNsTtTUTtNG THE V|OLATTON(S).
Dld Witness: Broken window in the upstairs bathroom, water stains on the ceiling in the living room andbathroom caused by watsr leaks from the roof and AC unit. Dryer and Microwavelven do not-work property
ORDER TO CORRECT VIOLATION{S):
You are dir6ct6d by this Notice to take the following coff€ctive action(s):
lnitial lnspection
l Must comply with all property maintenanc€ requirements including but not limited to maintenance of buildings,structures and premises as identified in Collier County Code of Laws and Ordinances C,haptet 22. Anicte Vl prop;rty
Maintenance
7.A.8.a
Packet Pg. 100 Attachment: CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS (13016 : CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS)
. Must comply with any and all corrective action requirements noted on the Residential Property maintenance
,pection Report / Order to Conect
3. Must comply with any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Correct
ON OR BEFORE: February 6th, 2OZ0
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation. as long as the violation
remains, and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
P 239 252-2440 FAX: 239 252-2343
John
Case cEPM20200000033
and Title of Recipient
62fl
P
a
Date
'This violatlon may roquire additional compliancs and approval from othor dgpartments whlch may b€ roquired und€r local, state and foderal
r€gulations, including, but not tlmlted to: rlght-ol-way permtt, buildlng permit, domolition ot structure, Site D€vslopment Plan, lnsubstantial
Changg to Slts Dovolopment plan, and Varlancea along with, paymont of impact fees, and any new or outstanding fees reguired for approval.
I
7.A.8.a
Packet Pg. 101 Attachment: CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS (13016 : CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS)
COLLIER COUNTY CODE ENFORCEMENT
Residential Property Maintenance lnspsction Report / Order to Correct
Code of Laws and Ordinances
Description
General Maintenance
lnterior FloorMallYceiling -
Dwelling
Corrective Action Required
1. Maintenance.
Equipment systems, devices and safeguards required by this
Code or a prior code under which the structure or premises was
construcled, aftered or repaired, shall be maintained in good
working orde.. The requirements of this code are not intended to
provide the basis for removal or abrogation of the fire protection.
safety systems and devices in existing structures. Except as
otherwise specified herein, the owner shall be responsible for the
maintenance of buildings structures and premises
12. Exterior and interior structures of dwelling units. All the
lollowing component of a dwelling unit shall be maiotained in
good condition. p. lnterior floor, walls and ceiling. Every dwelling
unit shall have a permanent floor of approved material prescribed
by the Building Code. Every floor and interior wall shall be free
from infestation and maintained in good repair to prevent
deterioration and shall be capable of supporting the load which
normal use may cause to be placed lhereon.
i. \Mndows and exterior doors Every window exterior doo..
shall be properly fitted within its frame, provided with lockable
hardware, and shail be weather-tight and weatherproof and
maintained in good repair. Every window required for light and
ventilation for habitable rooms shall be capable of being opened
easily and secured in a position by window hardware.
VVindowpanes or approved substitutes shalt be maintained
withoul cracks or holes. Openings originally designed as windows
and doors shall be maintained as such, unless approved by the
building official for enclosure The closing in of a window or door
shall be by bricking the opening, blocking the opening with
concrete blocks and stuccoing the exterior. utilization of an
authorized building material and flnishing the exterior with like
material of the original exterior surface, or boarding the opening.
When boarding is used, it shall be trim fit sealed to prevent water
intrusion, and painted or stained to conform with the other
exterior portions of the building. The boarding shall remain in
place no longer than 18 months, unless an extension is granted
by code enforcement special master
Location:,074 Venice WAY, Unit 2602, Naples
Date:January 06, 2020
Case #CEPM20200000033
lnvestigator JohnConnetta
Pass Fail
XXX
XXX
XXX
Overall Comments:
Wndows/Exterior Doors - Dwelling
7.A.8.a
Packet Pg. 102 Attachment: CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS (13016 : CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS)
The Collier County Code of Laws and Ordinances
Sec. 22-228. - General provisions
12. EXTERIOR AND INTERIOR SIRUCTURES OF DWELLING UNlfS - all the following
component of a dwelling unit shall be maintained in good condition.
i. WNDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be properly fitted
within its frame, provided with lockable hardware, and shall be weathertight and
weatherproof, and maintained in good repair. Every window required for light and ventilation
for habitable rooms shall be capable of being opened easily and secured in a position by
window hardware. Windowpanes or approved substitutes shall be maintained without cracks
or holes. Openings originally designed as windows and doors shall be maintained as such,
unless approved by the Building Officjal for enclosure. The closing in of a window or door
shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing
the exterior, utilization of an authorized building material and finishing the exterior with like
material of the original exterior surface, or boarding the opening. When boarding is used, it
shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the
other exterior portions of the building. The boarding shall remain in place no longer than 18
months, unless an extension is granted by Code Enforcement Special Magistrate.
p. /NIER/OR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent
floor of approved material prescribed by the Building Code. Every floor and interior wall shall
be free from infestation and maintained in good repair to prevent deterioration and shall be
capable of supporting the load which normal use may cause to be placed thereon.
1 . Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under
which the structure or premises was constructed, altered or repaired, shall be maintained in good
working order. The requirements of this code are not intended to provide the basis for removal or
abrogation ofthe fire protection, safety systems and devices in existing structures. Except as otherwise
specifled herein, the owner shall be responsible for the maintenance of buildings, structures and
premises.
Sec. ?2-23L. - Compliance with housing standards.
7.A.8.a
Packet Pg. 103 Attachment: CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS (13016 : CEPM20200000033 PRIME HOMES AT PORTOFINO FALLS)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13017) DOC ID: 13017
Updated: 7/27/2020 3:33 PM by Elena Gonzalez Page 1
CEPM20190002611 Hall ET AL
CASE NO: CEPM20190002611
OWNER: Bertha S Hall ET AL
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-231(12)(n). Vacant
dwelling with roof damage and a damaged accessory structure
(shed).
FOLIO NO: 56403440004
PROPERTY 209 Eustis Ave E, Immokalee, FL 34142
ADDRESS:
7.A.9
Packet Pg. 104
CODE ENFORCEMENT - COLLIER COUNW, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVIISSIONERS,
COLLIER COUNTY. FLORIDA. PIAiNtiff,
Case: CEPM2019000261 I
VS
BERTHA S HALL ET AL, Respondent(s)
tcE F HEARIN
PLEASE TAKE NOTTCE that Pursuant to Section 162.06 and 162.'12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Roofs-Dwelling 22-231(12)(c) and 22-231(12)(n)
LOCATION OF VIOLATION: 209 Eustis AVE E, lmmokalee, FL 34142
SERVED: BERTHA S HALL ETAL, Respondenl
John Connetta, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34'104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodations lo participale in this proceeding,
should contacl the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or 1239) 252'8380,
as soon as possible, but no tate;than 48 hours b;fore the scheduled evenl. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIF|CACION: Esta audiencia sera conducida en el idioma lngles. Setuicios the traduccion no seran disponibles en la audiencia y usted sera
reiponsable de proveer su propio traductor, para un mejor entenldimiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVET|SMA i Tout odisyon yo fet an angte. Nou pan gin moun pou fe lradiksyon. Si ou pa pal6 angld tanpri vini avek yon intdpret pou pale pou ou
7.A.9.a
Packet Pg. 105 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
case Number: CEPM201 9000261 I
Date: Ma.ch 08,2019
lnvestigator: John Connetta
Phonet 2392522448
COLL!ER COUNTY COOE ENFORCE]UENT
NOTICE OF VIOLATIOX
Owner: HALL ET AL, BERTHA S
4024 W LEMON ST
TAMPA, FL 3360€
Location: 209 Eustis AVE E, lmmokalee
Unincotporated Collier County
Zoning Olsi: RMFS
Property Legsl Doscript:on: MAINLINE BLK 4 LOT 20
Fol:o: 56403440004
NOTICE
Pursuant to Collier County Consolidated Code Enforcement REgulations, Collier County Code ot Laws and
Ordinancos, Chapter 2, Articls lX, you are notifisd that a violation(s) ofthe following Collier County Ordinance(s)
and or PUO Regulation(s) sxists at the above{escribed location.
Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22
Buildings and Building Regulations, Article Vl Pro perty Maintenance Code , Section 22-231(12t(c\
Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building
Regulations, Article Vl Property Maintenance Code , Section 22-231(12)(n)
Buildings and Building Regulations, Property Maintenance Code. ceneral Provisions. Collier County Code of Laws and
Ordinanc€s Chapter 22, Article Vl, Seclion 22-228(1)
12 Exterior and interjor struqlures ofdwelling units Allthe following component ofa dwelling unit shall be maintajned in good condition
c. Roo6. Roofs shall be maintained in a sate manner and have no defecls which might admit rain or cause dampness in the wall or
interior portion ot the building.
12. Exteior and interior structures of dwelling units. All the tollowing component of a dwelling unit shall be maintained in
good condition. n. Accessory structure. All accesso.y structures shall b€ maintained and kept in good repair and sound
struclural condition.:
1. Maintenance.
Equipment sysiems, devices and safeguards required by this Code or a prior code under which the structure or premises
was constructed, altered or repaired, shall be maintained in good workang order. The requirements of this code are not
intended to provide the basis for removal or abrogation of the fire protection, satety systems and devices in existing
structures. Except as otherwise specified herein, lhe owner shall be responsible for the maintenance of buildings,
struclures and premises:
Violation Status - lnitial
DESCRIPTION OF CONDTTTONS CONSTTTUTTNG THE VtOLATtON(S).
Did Witness: Vacant dwelling with roof damage, a damagsd accossory structure (shed) and tres debris {largo treo
limbs) lying on the ground
OROER TO CORRECT VIOLATIOT{(SI:
You ars direcled by this Notico to take the following corrective action(s):
lnitial lnspection
1 . Must comply with any and all corrective ac{ion requirements noted on the Residential Property maintenance
lnspection Report / Order to Correct
2. Must comply with anyand all correclive action requirements noted on the Residential Property maintenance
lnspection Report / Order to Correct
3. Must comply with all property maintenance requirements including but not limited to maintenance of buildings,
structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22, Article Vl property
7.A.9.a
Packet Pg. 106 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
Maintenance.
ON OR BEFORE: April Sth ,2019
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
Signature
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
John netta
Case Number: CEPM2Oi 9000251 1
Signature and Title of Recipient
Printed Name of Recipient
Date
'ThL violaUon may rsquits addltional compllancs and approval from other departmonts which may bo requirsd under local, state and fedoral
regulations, lncluding, but not llmitod to: dght-ot-way pormit, building pormi! domolition of structuro, Site Development Plan, lnsubstantial
Ch.ngo to Slto Dovolopmont Plan, and Variances along wlth, payinent of impact to6, and .ny new or outstanding fees required tor approval.
I
7.A.9.a
Packet Pg. 107 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
COLLIER COUNTY CODE ENFORCEII'ENT
Rssidsntial Prop€rty iraintsnancs lnspsction Raport / Order to Corroct
Code o, Laws and Ordinancas
Description
Roofs-Dwelling
Accessory Structure-Dwelling
General Maintenance
Overall Comments:
Corrective Acfi on Required
12. Exterior and interior struclures of dwelling units. All the
following component of a dwelling unit shall be maintained in
good condition. c. Roofs Roofs shall be maintained in a safe
manner and have no defects which might admit rain or cause
dampness in the wall or interior ponion of the building.
'12. Exterior and interior structures of dwelling units. All the
following component of a dwelling unit shall be maintained in
good condition. n. Accessory struclure. All acc€ssory structures
shall be mainlained and kept:n good repair and sound structural
condition
1. Maintenance.
Equipment systems, devices and sateguards Iequired by this
Code or a prior code under which the structure or premises was
constructed, altered or reparred, shall be maintained in good
working oder. The requirements of this code are not iatended to
provide the basis br removal or abrogation of the fire protection,
safety systems and devices in existing structures. Except as
otheMise specified herein, the owner shall be responsible for the
maintenance of buildings, structures and premises
Localion209 Eustis AVE E, lmmokalee
Date:March'12.2019
case #CEPM2019000261 1
lnvestigator. JohnConnetta
Pass Fail
xxx
xxx
xxx
7.A.9.a
Packet Pg. 108 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
Sec.22-231. - Compliance with housing standards.
All dwellings units whether occupied or unoccupied, shall comply with the requirements of
this Section as hereinafter set forth:
1. SANITARY FACILITIES REQUIRED - Every dwelling unit sha ll contain not less than one ('1) kitchen
sink with counter work space, one ('1) lavatory basin, one (1) tub or shower, and one (1) commode,
all in good working condition and properly connected to an approved water and sanitary sewer
system as approved by Collier County or the Collier County Pu blic Health Department as applicable.
Every plumbing fixture and water and wastewater pipe connection shall be properly installed in
accordance with the Plumbing Code and maintained in good sanitary working condition, free from
defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit,
and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory
basin shall be located in a room affording privacy to the user.
2. HOT AND COLD WATER SUPPLY - Every dwelling, or dwelling unit, shall have connected to the
kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in
good working condition. All connections shall be supplied through an approved pipe distribution
system connected to a potable water supply.
3. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities which are
properly installed and maintalned in a safe and good working condition and are capable of heating
water to a temperature as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees
Fah renheit.
4. HEATING FACIII E5 - Every dwelling or dwelling unit shall be equipped with heating equipment
which shall be capable of safety and adequately heating all habitable rooms to a temperature of
68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical
heating equipment shall be installed and connected to electrical circuits as prescribed in the
Electrical Code unless such equipment is approved by a nationally recognized testing agency.
Unvented fuel-fire heaters shall not be used in any location unless equipped with an Oxygen
Depletion Sensing System (ODSS). Any appliance which has been converted from a vented to an
unvented heater shall not be used under any conditions.
5. COOKING EQUIPMENT - every dwelling unit shall contain an operable stove or range and
refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with
the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working
condition.
6. GARBAGE DISPOSAL FACILITIES - Every dwelling unit shall have adequate garbage or rubbish
disposal facilities or garbage or rubbish storage containers.
7. LIGHT AND VENTIUTION - Every habitable room of a dwelling unit shall meet the minimum
size and access requirements of the Building Code.
8. BATHROOM - Every bathroom of a dwelling unit shall comply with the minimum light and
ventilation requirements for habitable rooms except that no window or skylight shall be required
in adequately ventilated bathrooms equipped with a mechanically ventilating air system.
9. ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and
convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet
as specified in the provisions of the Electrical Code, in effect at the time of violation.
7.A.9.a
Packet Pg. 109 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
10. LTGHT lN PUBLIC HALLS AND STAIRWAYS - Every public hall and stairway in a structure
containing three or more dwelling units shall be adequately lighted at all times. Structures with less
than three dwelling units shall be supplied with a conveniently located light switch that controls an
adequate light system which can be turned on when needed if continuous lighting is not provided.
11. ELECTRTCAL SYSTEMS - All fixtures, convenience receptacles, equipment and wiring of a
dwelling or dwelling unit shall be installed, maintained, and connected to the source of electrical
power in accordance with the provisions of the Electrical Code, in effect at the time of violation.
12. EXTERIOR AND INTERIOR STRUCTIJRES OF DWELIING UN/IS - all the following component of
a dwelling unit shall be maintained in good condition.
a. FOUNDATION - The building foundation walls or other structural elements shall be maintained
in a safe manner and be capable of supporting the load which normal use may place thereon.
b. EXTERTOR WALLS - The exterior walls shall be maintained free from holes, breaks and loose or
rotting material. Such exterior walls sha ll also be substantially weather tight and weatherprool and
surfaces properly coated as needed to prevent infestation and deterioration. Decorative features
shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or
repainted to match existing surfaces.
c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might admit
rain or cause dampness in the wall or interior portion of the building.
d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstructed
means of ingress/egress leading to a safe and open space. A second means of escape or egress
may be required in accordance with the Building Code as amended by Collier County.
e. ATTIC ACCESS - Access to the attic shall be provided by means of an access panel within the
dwelling unit. This provision does not require tenant access.
f. STAIRS, PORCHES, AND APPURTENANCES - Every inside and outside stairway, stair, porch, and
any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load
that normal use may place thereon, and in accordance with the Building Code as enacted by Collier
County.
g. PROTECTIVE/GUARD RAILINGS - Protective/guard railings shall be required in the manner
prescribed by the Building Code. Such railings shall be maintained in good condition and be
capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code.
i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be properly fitted within
its frame, provided with lockable hardware, and shall be weather-tlght and weatherprooi and
maintained in good repair. Every window required for light and ventilation for habitable rooms
shall be capable of being opened easily and secured in a position by window hardware.
Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings
originally designed as windows and doors shall be maintained as such, unless approved by the
Buildlng Official for enclosure. The closing in of a window or door shall be by bricking the opening,
blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized
building material and finishing the exterior with like material of the original exterior surface, or
boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion,
and painted or stained to conform with the other exterior portions of the building. The boarding
shall remain in place no longer than 18 months, unless an extension is granted by Code
Enforcement Specia I Magistrate.
7.A.9.a
Packet Pg. 110 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
j. WINDOW SASH - Window sashes shall be properly fitted and weather-tight within the window
frame.
k. HARDWARE - Every door shall be provided with proper hardware and maintained in good
cond ition.
l. SCREFNS - Every window or other device used or intended to be used for ventilation which
opens directly to the outdoor space shall have screens. Dwelling units which contain operable
central heating and a ir-conditioning systems are not required to have screens on doors and
windows.
m. PROTECTIVE TREATMENT - All exterior surfaces other than decay-resistant woods shall be
protected from the elements by painting or other protective covering according to manufacturer's
specifications.
n. ACCESSORy SIR UCTURE - All accessory structures sha ll be maintained and kept in good repair
and sound structural condition.
o. INTERIOR DOORS - Every interior door shall be properly fitted within its frame.
p. INTERIOR FLOOR, WALLS AND CEILING - Every dwelling unit shall have a permanent floor of
approved material prescribed by the Building Code. Every floor and interior wall shall be free from
infestation and maintained in good repair to prevent deterioration and shall be capable of
supporting the load which normal use may cause to be placed thereon.
q. STRIJCTURAL SUPPORTS - Every structural element of a dwelling unit shall be maintained in
good repair and show no evidence of deterioration which would render it incapable of carrying
loads which normal use may cause to be placed thereon.
r. GIJTTERS AND DOWNSPOUTS - Gutters and downspouts shall be maintained in good repair and
shall be neatly located and securely installed.
7.A.9.a
Packet Pg. 111 Attachment: CEPM20190002611 Hall ET AL (13017 : CEPM20190002611 Hall ET AL)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13018) DOC ID: 13018
Updated: 7/27/2020 3:37 PM by Elena Gonzalez Page 1
CEPM20200000949 Jackson ET AL
CASE NO: CEPM20200000949
OWNER: Rena Bell Jackson ET AL
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(b), 22-231(12)(c), 22-
231(12)(i), 22-231(12)(l), 22-231(12)(p), 22-231(9), 22-231(20)
and 22-228(1). Several non-working smoke detectors, exposed
electrical wires, holes in exterior walls, holes in interior walls
and ceilings. Windows that are boarded and some that are
broken along with ripped/torn screens on several windows.
Roof/soffit damage, insect infestation and overall general
maintenance issues.
FOLIO NO: 24371040005
PROPERTY 307 S 2nd St, Immokalee, FL 34142
ADDRESS:
7.A.10
Packet Pg. 112
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNW COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
Case: CEPM20200000949
RENA BELL JACKSON ET AL , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Smoke Detectors - Dwelling 22-231(12)(b). 22-231(12)(c\, 22-231(12\(i\, 22-231(121(t\, 22
-231 (12\(p), 22-231 (9), 22-231 (20) and 22-228(1')
LOCATION OF VIOLATION: 307 S 2nd ST, Unit #'l , Unit #2, lmmokalee, FL 34'142
SERVED: RENA BELL JACKSON ETAL, Respondenl
John Connetta, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEIVIENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communicalion, or other reasonable accommodalions to parlicipate in this proceeding,
should contact the Collier County Facilities Management Division, located al 3335 Tamiami Trail E., Suile 101, Naples, Florida 341'12, or (239) 252-8380,
as soon as possible, but no later lhan 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cost to lhe
individual.
NOTIFICACIOtI: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio iraductor.
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angld tanpri vini avdk yon intdpret pou pate pou-ou.
7.A.10.a
Packet Pg. 113 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
Case Number: CEPM20200000949
Oate: January 3r, 2020
lnYsatigator: Jonn Connetta
Phono: 2392522448
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VIOLATiON
Orrner: JACKSON ET AL. RENA BELL
1513 LIBERry ST
HARRISBURG. PA ,17103
Locatlon: 307 S 2nd ST. Unit: 2, lmmokalee3oT S 2nd ST, Unit:
Unincorporated Collier County
Zoning Dirt: VR
Prop.rty L.g.l Dorcription; BONOURANT BLK B LOT 5
Folio: 24371040005
1,lmmokalee
NOTICE
PuEuant to Collier County Consolidated Code Enforcement Regulations, Collier County code of Laws and
Ordinancos, Chaptor 2, Article lX, you are notified that a violation(s) of the follorying Collier County Ordinance(s)
and or PUD R6gulation(s) exlsts at the abovadescribed location.
Ordinanco/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chaptet 22
Buildings and Building Regulations, Article Vl Property Maintenance Code , Section 22-23i (20)
Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buitdings and Building
Regulatlons, Article Vl Property Maintenance Code , Section 22-231(9)
Compliance with housing standards. Collier County Code oJ Laws and Ordinances Cnaplre,( 22 Buildings and Buiiding
Regulations, Article Vl Property Maintenanc€ Code Section 22-231(12Xb)
Buildings and Building Regulations, Property Maintenance Code, General Provrsions. Cotlier County Code of Laws and
Ordinances Chaptor 22, Article VI, Section 22-228(1)
Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building
Regulations, Article Vl Property Maintenance Code , Section 22-231(12)(p)
Compliance with housing standards. Collier Counly Code of Laws and Ordinances Chaplet 22 Buildings and Building
Regulations, Aiicle Vl Property Maintenance Code , Section 22-231(12)(c)
Complianc€ with housing standards. Collier County Code of Laws and Ordinances Ciapter 22 Bujldings and Buiiding
Regulations, Article Vl Property Maintenance Code , Section 22-231 (12X1)
ComPliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buiidings and Building
Regulations, Article Vl Property Maintenance Code Section 22-231(12Xi)
20. Smoke d€tectors. Alldwelling units shallbe equ,pped with smoke detectors to meet the mrnimlm Burlding and Fire Code
requirom€nts. lf the structure was built wibout wired detectors battery operated smoke detectors are recommended for installation Ail
rental units shall have smoke detectors that meet the Residential Landlord and Terant Acl
9. Eleclric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good
\r,orking condition. Every room shall contain at least one wall-type electrical convenlence outlet as specified in the
provisions of the Eleclrical Code, in effect at the tjme of violation.:
12. Exterior and inlerior structures of dwellang units. All the following component of a dwellrng unit shall be maintained in
good condition. b. Exlerior walls. The exterior walls shall be maintained free from holes. breaks and loose or rotting
material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as
needed to prevent infestation and deterioration. Decorative features such asr cornices belt courses corbels, trim wall
facings and similar decorative features shall be maintained in good repair with prope. anchorage Any grafflti shall be
femoved or repainted to match 6xisting surfaces..
1. Maintenance.
Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises
was construcled, altered or repaired, shall be maintaired ln good workrng orCer The requirements of this code are not
intended to provide the basis for removal or abrogation ol the fire protection safety systems and devices in existing
structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings
struclures and premises.
12. Exterior and interior struclures of dwelling uoits. All the following component of a dwelling unit shall be maintained rn
good condition. p. lnterior floor, walls and ceiling. Every dwelling unit shall have a permanenl floor of approved material
prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good regalr
io prevent deterioration and shall be capable of supporting the load which normai use may cause to be placed thereon..
7.A.10.a
Packet Pg. 114 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
'12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained rn
good condition, c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or
cause dampness in the wall or interior portion of the building.
:
12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in
good condition. l. Screens. Every window or other device used or intended to be used for ventilation which opens directly
to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditionlng
systems are not required to have screens on doors and windows.:
i. \I/indows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with
lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for
light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window
har6,vare. Windowpanes or approved substitutes shall be maintained without cracks or holes Openings originally
designed as windows and doors shall be maintained as such, unless approved by the building offlcial for enclosure. The
closing in of a window or door shall be by bricking the opening, blocking the openrng wrth concrete blocks and stuccoing
the exterior, utilization of an authonzed building material and finishing the exterior with like material of the original exterior
surface, or boarding the opening. \l/hen boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted
or stained to confonn with the other exterior portions of the building. The boarding shall remain in place no longer than 18
months, unless an extension is granted by code enforcement special master :
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTING THE V|OLAT|ON(S).
Did Witness: Several non-working smoke detectors, exposed electrical wires, holes in exterior walls, holes in
interior walls and ceilings. Windows that are boarded and some that are broken along with ripped/torn screens on
several windows. Roof/soffit damage insect infestation and overall general maintenace issues.
ORDER TO CORRECT VIOI.ATION{S):
You are directed by this Notice to take the following corrective action(s)
lnitial lnspection
1. Must comply rvith any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Conecl
2. Must comply with any and all correclive action requirements noted on the Residential Property maintenance
lnspeclion Report / Order to Conect
3. Must comply with any and all correclive action requirements noted on the Residential Propefty maintenance
lnspection Report / Order to Correct
4. Must comply wilh all properly maintenance requirements including but not limited to maintenance of buildings,
structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22, Arlicle Vl Property
Maintenance.
5. Must comply with any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Conect
6. Must comply lvith any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Conect
7. Must comply with any and all corrective action requirements noted on the Residential Property maintenance
lnspection Report / Order to Conect
8. Must comply with any and all correclive action requirements noted on the Residential Property marntenance
lnspection Report / Order to Conect
ON OR BEFORE: March 2nd,2A2O
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecuiion. oR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
7.A.10.a
Packet Pg. 115 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
Signature
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
Case Number: CEPit20200000949
Signature and Title of Recipient
Printed Name of Recipient
Date
Thls vlolatlon riay rsqulrs addltlonal compliance and approval from other departrnents which may bo requircd und6r local, stato and fedoral
regulatlona, includlng, but not limlted to: right-ot-wsy perm& buildlng parmlt, demolltion ot structure, Site Oovolopmsnt Plan, lnsubstantial
Chango to Site llovelopmonl Plan, and Varianc6 along with, payment of impact fses, and any new or outstanding fe€s required for approval.
BY:
7.A.10.a
Packet Pg. 116 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
COLLIER COUNTY CODE ENFORCEMENT
Residential Property Maintenance lnspection Report / Order to Correct
Code of Laws and Ordinances
Corrective Action Required
20. Smoke detectors All dwelling units shall be equipped with
smoke detectors to meet the minimum Building and Fire Code
requirements. lf the structure was built without wired detectors,
batlery operated smoke detectors are recommended for
installation A lrental units shall have smoke detectors that meet
the Residentral Landlord and Tenant Act
9. Electric lights and outlets. Every dwelling unit shall be wired
for electric lights and convenience outlets all in good working
condition. Every room shall contain at least one wall-type
electrical convenience outlet as specifled in the provisions of the
Electrical Code. in effoct at the time of violation.
'12. Exterior and interaor structures of dwelling units. All the
following component of a dwelling unrt shall be maintained in
good condition b. Exterior walLs The exterior walls shall be
maintarned free from holes, breaks and loose or rotting material.
Such exterior walls shall also be substantially weather tight and
weatherproof, and suf,aces properly coated as needed to prevent
infestation and deterioration. Decorative features such as:
cornices. belt courses, cod3els, trim wall facings and similar
decorative features shall be maintained ,n good repair with proper
anchorage. Any graftiti shall be removed or repainted to match
existing surfaces
1. Maintenance
Equipment systems, devices and sateguards required by this
Code or a prior code under which the siructure or premises was
constructed. attered or repaired. shall be maintained in good
working order The requrrements cf thrs code are not intended to
provide the basis for removal or abrogation of the flre protection,
safety systems and devices in existjng structures Except as
otheMrse specified herern. tle owner shall be respo.rsible for the
maintenance of bi,ildings. structures and premrses
12. Exerior and rnterior structures of dwetling unats All the
following component of a dwelling unrt shall be maintained in
good condition p lnterior floor. walls and ceiling. Every dwelling
unit shall have a permanent floor of approved material presciibed
by lhe Building Code. Every floor and interior v/att shall be free
from infestation and marntained in good repair to prevent
deterioration and shall be capable of supporting the load which
norrral lse may cause to be placed thereoa
12 Exterior and rnterror structures of dweliing units. All the
foliowing component of a dwelling unit snall be maintained in
good condition. c. Roofs. Roofs shall be maintained in a safe
manner and have no defects which rnight admit rain or cause
dampness ,n the wall or interior portion of the building
Location;1o7 S 2nd ST. Unit: 2. lmmokalee3oT S 2nd ST, Unit 1, lmmokalee
Date:January 31. 2020
case trcEPM20200000949
lnvestigator JohnConnetta
Description
Smoke Detectors - Dwelling
Eleclric Lights/Outlets - Dwelling
Exterior Wa'ls - Dwellrng
General Maintenance
lnterior FloorMalls/Ceiling -
Dwelling
Pass Fail
xxx
XXX
XXX
XXX
XXX
Roofs-Dwelling XXX
7.A.10.a
Packet Pg. 117 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
Screens - Dwelling
VVin dows/Elterior Ooors - Dwelling
Overall Comments:
'12. Exterior and interior structures of dweliing units. All the
following component of a dwelling unit shall be maintained rn
good condition. l. Screens Every window or other device used or
intended to be used for ventilation which opens drrectly to the
outdoor space shall have screens. Owelling units which contain
operable central heating and air-conditioning systems are not
required to have screens on doors and windows
i. Wndows and elderlor doors. Every window, exterior door,
shall be properly fitted within its frame, provided wi'th lockable
hardware, and shall be weather-tight and weatherproof, and
maintained in good repair. Every window required for lighl and
ventilation for habilable rooms shall be capable of being opened
easily and secured in a positron by window hardware
Windowpanes or approved substitutes shall be maintained
without cracks or holes. Openings orig:nally designed as windows
and doors shall be mainlained as such unless approved by the
building offlcial for enclosure The clos,ng rn of a window or door
shall be by bricking the opening blocking the opening with
concrete blocks and stuccoing the exterior utilrzation ofan
authorizeo building matelial and rnishing lhe erlerior with llke
material of lhe original exterior surface or boarding the opening.
When boarding is used. it shali be lrim fit. sealed to prevent water
intrusion and painted or stained to conform with the other
e8erior portions of the building. The boarding shall remain in
place no longer than 18 months unless an extension rs granted
by code eniorcement spec al master
XXX
xxx
7.A.10.a
Packet Pg. 118 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
The Collier County Code of Laws and Ordinances
Sec.22-231. - Compliance with housing standards
12
ELECTRIC LIGHTS AND OUTLETS - Every dwelling unit shall be wired for electric lights and
convenience outlets. Every room shall contain at least one wall-type electrical convenience outlet
as specified in the provisions of the Electrical Code, in effect at the time of violation.
EXTERIOR AND INTERIOR SIRUCTURES OF DWELLINo UN/IS - all the following
component of a dwelling unit shall be maintained in good condition.
a. FOUNDATION - The building foundation walls or other structural elements shall be
maintained in a safe manner and be capable of supporting the load which normal use may
place thereon.
b. EXTERIOR WALLS - The exterior walls shall be maintained free from holes, breaks and
loose or rotting material. Such exterior walls shall also be substantially weather tight and
weatherproof, and surfaces properly coated as needed to prevent infestation and
deterioration. Decorative features shall be maintained in good repair with proper anchorage.
Any graffiti shall be removed or repainted to match existing surfaces.
c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might
admit rain or cause dampness in the wall or interior portion of the building.
d. MEAIVS OF /iVGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe,
unobstructed means of ingress/egress leading to a safe and open space. A second means
of escape or egress may be required in accordance with the Building Code as amended by
Collier County.
e. ATTIC ACCESS - Access to the attic shall be provided by means of an access panel within
the dwelling unit. This provision does not require tenant access.
f. SIA/RS, PORCHES, AND APPURTENAIVCES - Every inside and outside staiMay, stair,
porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of
supporting a load that normal use may place thereon, and in accordance with the Building
Code as enacted by Collier County.
g. PROTECTIVUGUARD RAILINGS - Protective/guard railings shall be required in the
manner prescribed by the Building Code. Such railings shall be maintained in good condition
and be capable of bearing normally imposed loads.
h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code.
t. WNDOWS AND EXTERIOR DOORS - Every window, exterior door, shafi be properly fitted
within its frame, provided with lockable hardware, and shall be weather{ight and
weatherproof, and maintained in good repair. Every window required for light and ventilation
for habitable rooms shall be capable of being opened easily and secured in a position by
window hardware. Wndowpanes or approved substitutes shall be maintained without cracks
or holes. Openings originally designed as windows and doors shall be maintained as such,
unless approved by the Building Official for enclosure. The closing in of a window or door
shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing
the exterior, utilization of an authorized building material and finishing the exterior with like
material of the original exterior surface, or boarding the opening. When boarding is used, it
shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the
other exterior portions of the building. The boarding shall remain in place no longer than 1g
months, unless an extension is granted by Code Enforcement Special Magistrate.
j. WNDOW SASH - Wndow sashes sha be property fitted and weather-tight within the
window frame.
9
7.A.10.a
Packet Pg. 119 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
1
The Collier County Code of Laws and Ordinances
Sec. 22-228. - General provisions.
Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code
under which the structure or premises was constructed, altered or repaired, shall be maintained in
good working order. The requirements of this code are not intended to provide the basis for removal
or abrogation of the flre protection, safety systems and devices in existing structures. Except as
otherwise specified herein, the owner shall be responsible for the maintenance of buildings,
structures and premises.
7.A.10.a
Packet Pg. 120 Attachment: CEPM20200000949 Jackson ET AL (13018 : CEPM20200000949 Jackson ET AL)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13019) DOC ID: 13019
Updated: 7/27/2020 3:39 PM by Elena Gonzalez Page 1
CENA20190013050 Gallegos
CASE NO: CENA20190013050
OWNER: Jacob Lee Gallegos
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Accumulation of litter/outside storage of items consisting of, but
not limited to, several wooden pallets and several concrete
blocks on unimproved residential property.
FOLIO NO: 30731920005
PROPERTY 2401 Eden Ave, Immokalee, FL 34142
ADDRESS:
7.A.11
Packet Pg. 121
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMIVIISSIONERS,
COLLIER COUNTY, FLORIDA, PIAiNtiff,
VS
JACOB LEE GALLEGOS, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Accumulation of Litter 54-181 and 2.02.03
LOCATION OF VIOLATION: 2401 Eden AVE, lmmokalee, FL 34142
SERVED: JACOB LEE GALLEGOS, Respondent
Steven Lopez-Silvero, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTTCE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special trilagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNW CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodations to participate in this proceeding,
should conlacl the Collier County Facilities Managemenl Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (23S) 252-8380,
as soon as possible, but no later than 48 hours before lhe scheduled event. Such reasonable accommodations will be provided at no cost to lhe
individual
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Setuicios the traduccion no seran disponibles en la audaencia y usted sera
responsable de proveer su propio lraductor, para un mejor enlendimiento con las comunicaciones de esle evento. Por favor traiga su propio traductor
AVETISMANT Tout odisyon yo fdt an angB. Nolr pan gin moun pou fe lradiksyon. Si ou pa pald angle tanpri vini avek yon intdprdt pou pale pou,ou.
Case: cENA20190013050
7.A.11.a
Packet Pg. 122 Attachment: CENA20190013050 Gallegos (13019 : CENA20190013050 Gallegos)
Case Number: CENA20190013050
Oate: November 25, 2019
lnvestigator: Steven Lopez-Silvero
Phone:239.877.8141
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Ownar: GALLEGOS. JACOB LEE,I318 SOUTH PEAR STREET
IMMOKALEE, FL 34142
Locatlon: 2401 Eden AVE. lmmokalee
Unincorporatod Collier County
Zoning Dlst: VR
Propsrty Legal Description: EDEN PARK 1 ST ADO BLK 10
Folio:30731920005
w1/2 LOT 1 1
NOTICE
PuEuant to Collier County Consolidated Code Enforcoment Regulations, Collier County Code ol Laws and
Ordinances, Chapter 2, Article lX, you are notified that a violation(s) ofthe following Collier County O.dinance(s)
and or PUO Regulation(5) erists at tha abovedescribed location.
Ordinance/Code: Unauthorized accumulation ol litter Collier County Code of Laws Chapter 54 Environment. Article Vl
Weeds Litter and Exotic's, Sectaon 54-181
The Collier County Land Development Code, 2004-41, As Amended, Sectron 2.02.03, Prohibited Uses.
Any unauthorized q@lgllgglIEl in or upon any property, vacant or improved, or on or upon any public street,
alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or
other peBon who owns, maintains, or controls private property whether improved or unimproved, is hereby gE!@d:Q
lgirylglallgn of this article where any such unauthorized accumulation of litter is maintained or rs allowed to remain on
such property
M9orStrUcture@asapermitteduSe.conditionaluse.oraccessory
use shall bo prohibited in such zonino district
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTITUTING THE VIOLATION(S).
Did Witness: Observed an accumulation of littsr / outside storage of items consisting of but not limited to several
wooden pallets and sevoral concreto blocks on unimprovsd rosidentiat property.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
Must remove all unauthorized accumulation of liner from the property to a srte rntended for final disposal $ Cease the
outside storage of said items, which is not a permitted, AND remove the outsrde storage of said ltems.
ON OR BEFORE: December 9, 2019
Failure to conect violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to t500 and costs of
prosecution OR
2) Code Enforcement Eoard review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTEO TO COOE ENFORCEIVIENT
2800 North Horseshoe Or Naples, FL 34104
Phone.239 252-2440 FAX ?39 252-2U3
Signature and Title of Recipient
@
Steven Lopez-Silvero
Case Number: CENA20l900l 3050
SN
7.A.11.a
Packet Pg. 123 Attachment: CENA20190013050 Gallegos (13019 : CENA20190013050 Gallegos)
Printed Name of Recipient
Date
'This violation may requi.e additional compliance and approval lrom othor dopadments which may t o roquir6d under local, state and ted€.a|
rogulatlons, including, but not limltod to: right-of-way permit, bullding po.mlt, demolliioh of slructure, Slt9 D.veloprnent Plan, lnsubstantial
Chang6 to Site Davolopmont Plan, and Variances along with, paymont of impact foes, and any nBw or ouEtanding (egs aequired for approval.
7.A.11.a
Packet Pg. 124 Attachment: CENA20190013050 Gallegos (13019 : CENA20190013050 Gallegos)
Collier Countv Code of L s, Chapter 54 Environment, Article Vl,Weeds Litter and Exotic's, Section 54-
181
Sec. 54-181. - Unauthorized accumulation of litter.
Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon
any public street, alley or other public or private place is a violation of this article. Any property owner,
tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,
whether improved or unimproved, is hereby declared to be in violation of this article where any such
unauthorized accumulation of litter is maintained or is allowed to remain on such property.
(Ord. No. 2005-44,5 7)
Land Develo me ded Section 2 2
2.02.03 - Prohibited Uses
Any use or structure not specifically adentified in a zoning district as a permitted use, conditional use ,
or accessory use shall be prohibited in such zoning district.
7.A.11.a
Packet Pg. 125 Attachment: CENA20190013050 Gallegos (13019 : CENA20190013050 Gallegos)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13020) DOC ID: 13020
Updated: 7/27/2020 3:41 PM by Elena Gonzalez Page 1
CEROW20190009459 Lucarelli
CASE NO: CEROW20190009459
OWNER: Angelo Lucarelli and Gail M Lucarelli
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Section 110-31(a). Digging in preparation for replacement of
culvert pipe without required Collier County permits,
inspections and certificate of completion/occupancy.
FOLIO NO: 62783560009
PROPERTY 795 100th Ave N, Naples, FL 34108
ADDRESS:
7.A.12
Packet Pg. 126
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magastrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CEROW20 190009459
ANGELO LUCARELLI & GAIL M LUCARELLI , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341't2
VIOLATION: ROW 1 10-31(a)
LOCATION OF VIOLATION: 795 100th AVE N, Naples, FL 34108
SERVED: ANGELO & GAIL M LUCARELLI, Respondent
Arthur Ford, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239\ 252-2496 Telephone
Anyone who requires an auxiliary aid or se.vice for effective communication, or olher reasonable accommodations lo participate in lhis proceeding,
should contact the Collier County Facilities I/anagement Division, localed at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, ot (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided al no cost 1o the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio lraductor, para un mejor enlendimienlo con las comunicacrones de este evenlo. Por favor kaiga su propro traductor.
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angle hnpri vini avek yon intepret pou pald pou-ou.
7.A.12.a
Packet Pg. 127 Attachment: CEROW20190009459 Lucarelli (13020 : CEROW20190009459 Lucarelli)
Case Number: CEROW2o'| 90009459
Date: August 06, 2019
lnvestigalor: A.thur Ford
Phone:2392522445
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VTOLATION
Owner: LUCARELLI, ANGELO & GAIL M
4OO EUCLID AVE
NAPLES, FL 34110
Registered Agent:
Location: 795 100th AVE N, Naples
Unincorporated Collier County
Zoning Dist: RN4F€
Property Legal Description: NAPL=S PARK UNIT 5 BIK 70 LOT 2 OR 1137 PG 392
Folio: 62783560009
ET.SS
Pursuant to Collie. County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation{s) exists at the abovedescribed location.
Ordinance/Code: Right of Way Permits. Collier County Code of Laws and Ordinances, Chapter 1 1O Roads and Bridges,
Article ll Conskuction in Right of Way, Division 1 Generally, Section 110-31(a).
(a) lt shail be unla\,\fu| for any responsible party to dig excavate. obstruct, or p ace any constructron or other rnalerial or perform any
other work whjch disturbs the existing structr.lre and/or compaction of soil ln any rlght-of-way provrded fcr public use in Collier County,
including any public right-of-way maintalned by Collier County within the boundaries of any municipal ccrporation, wrthcut iirst obtaining
a pemit for such work from the Colller Cornty TransportaUon Operations Depadment as speclfied herein or in the handbook.
Violation Status - lnitial
DESCRTPTION OF CONDTTTONS CONSTTTUTTNG THE VtOLATION(S).
D:d Witness: Digging in preparation for replacement of culvert pipe without required Collier County permits,
inspections and certificate of completion/occupancy
ORDER TO CORRECT VIOLATION(SI:
You are directed by this Notice to take the following co.rective action(s):
1. Cease any and all work activities in the right-of-way AND / OR Obtain applicable righl ol way permit from
Department of Transportation and/or remove any and all offending materials from the right of way for any activity not
permitted with a valid right of way permit.
Oll OR BEFORE: 09/06/2019
Failure to correct violat:ons may result in:
'l) Mandatory notice to appear or rssuance of a citation that may result in flnes up to g5O0 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of proseculaon.
SE INOUIRIES AND COMMENTS SHOULD BE
DIRECTED TO COOE ENFORCEI\4ENT
2800 North Ho.seshoe Dr, Naples FL 34104
Pnone..239 252-2440 FAX 239 252-2343r Sign re
ur Ford
.n
Case Number: CEROW20190009459
Sjgnature and Title of Recipienl
7.A.12.a
Packet Pg. 128 Attachment: CEROW20190009459 Lucarelli (13020 : CEROW20190009459 Lucarelli)
Printed Name of Recipient
Date
'Thi3 violation may .equire ddi:ionaI compliance and approval f.om other departments whlch may be requir6d under tocal, state and ledorat
legulations, includlng, but not llmitgd to: right of-way permit building pormit, dsmolitlon of st.ucture, Site Development Plan, tnsubstantiat
Chango lo Site Devolopment Plan, and variances alo.g with, paymenl of llnpact te€s, and any new or oulstanding lo6s roquired for approval.
7.A.12.a
Packet Pg. 129 Attachment: CEROW20190009459 Lucarelli (13020 : CEROW20190009459 Lucarelli)
Collier County Code of Laws and Ordinances, Article ll, Construction in the Right of Way;
Sec. 110-31. - PermiB.$€)lwl M q
(a) ltshall be unlaMulfor any responsible party to di& excavate. obstrucl or place any construction
or other material, or perform any other work which disturbs the existing structure and/or
compaction of soil in any right-of-way provlded for public use in Collier County, in(ludint any
public ritht-of-way malntained by Collier County within the boundaries of any municipal
corporation, without first obtaining a permit for such r,vork from the Collier County Transportation
operations Oepartment as specified herein or in the handbook.
7.A.12.a
Packet Pg. 130 Attachment: CEROW20190009459 Lucarelli (13020 : CEROW20190009459 Lucarelli)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13021) DOC ID: 13021
Updated: 7/28/2020 11:34 AM by Elena Gonzalez Page 1
CENA20200005561 Pereverzev
CASE NO: CENA20200005561
OWNER: Igor Pereverzev
OFFICER: Junior Torres
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(a). Weeds/grass over 18 inches in
height throughout the property.
FOLIO NO: 77410680001
PROPERTY 1000 Trail Terrace DR, Naples, FL 34103
ADDRESS:
7.A.13
Packet Pg. 131
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CENA20200005561
VS
IGOR PEREVERZEV. Res pondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special lvlagistrate on
the following date, time, and place for the violation below:
OATE:08t07 t2020
TIME:09:00 AM
PLACE:3299 Tamiami Trail East Building F, Naples, Fl 34112
VIOLATION: Weeds - Mowable Lot 54-185(a)
LOCATION OF VIOLATION: 1000 Trail Terrace DR, Building, Naples, FL 341 03
SERVED: IGOR PEREVERZEV, Respondent
Junior Torres, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations lo participate in this proc€eding,
should contact the Collier County Facililies [,4anagement Division, located at 3335 Tamiami Trail E , Suite 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later lhan 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cosl lo the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor enlendimiento con las comunicaciones de este evento. Por favor lraiga su propio kaductor.
AVETISUAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avdk yon intepret pou pal6 pou-ou.
7.A.13.a
Packet Pg. 132 Attachment: CENA20200005561 Pereverzev (13021 : CENA20200005561 Pereverzev)
Case Number: GE1W0200005561
Date: ilaY 26,2020
lnvestigator: Junior Torres
Phone: 239477'8126
COLUER COUNTY CODE ENFORCEMENT
NOTICE OF VIOi-ATION
Owner: PEREVERZEV, IGOR
850 CENTRAL AVE STE 102
NAPLES, FL 34102
Location: 1000 Trail Terrace DR, Naples
UnincorPorated Col I ier CountY
Zonlng Diet:ilp"ny Legal Description: TRAIL TERRACE BLK D LOT 1
Folio: 7741 0680001
NOTICE
purauant to Collier county Consolidated code Entorcernent Regulatio,ns, C-ollier County Code of Laws and
ordinances, chapter 2, Article lX, you are notified that a violation(s) of the following collier county ordinance(s)
and or pUD Regdhtion(s) exlsts at the abovedescribed location.
ordinance/code: Environment. weeds Litter and Exotics. Declaration of Public Nuisance. collier county code of Laws
and Ordinances Chapter 54, Article Vl, Section 54-185(a)
a. The accumulation of weeds, grass, or other similar nonirotecled overgrowlfi in excess of 18 inches in height is hereby prohibited
and declared to be a public nui$nce when located upon any mowable lot, and which lot has been specifically described by legal
description and which condition has been determined by the county.administrator or his designee tc be a public nuisance pursuant to
this article. Such monable-foiis, or may reasonably be ixpecled to become, infested or inhabited bY non-protected rodents, vermin or
wito animats, or msy tumltt a bieedinj phce for mosquitoes, or threaten or endanger the public health, safety or welfare, or may
reasonabty bs Bxpec{ed lo cause diseise, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or
sunounding ffopsrty.
Vlolation Status - RePeat
DESCRtpnON OF CO1b6ONS CSNS1TUTING THE VIOLA1SN{S).
Did wltness: Observed weeds/grass over 18 inches in height throughout the property.
ORDER TO CORRECT VIOI-ATION(S,I:
take the following corrective action(s):
1 . Must mow or cause to mow all weeds, grass, or other similar non-protected overgrowth in excess of eighteen ( 1 8)
inches in height on this lot. Must mow to a height of less than six (6) inches.
Oltl OR BEFORE: June 9th, 2020
Fallure to corect vlolatlons may result in:
1) Mandatory notice to agpear- or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) CoO" Enforcement Board review that may result in fines up to 11000 per day per violation, as long as the violation
remains, and costs of Prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2Y3signature
Torres
Case Number: C ENA2020005561
Signature and Title of Recipient
Printed Name of Recipient
7.A.13.a
Packet Pg. 133 Attachment: CENA20200005561 Pereverzev (13021 : CENA20200005561 Pereverzev)
Date
,Thls vlola$on m.y .EqulrE oddhionsl compllance atrd 3pFovel lrcm othor depart,tranls rhlch may be arqulred uodor locat, 3tals and t6dolal
,roubton3. lnctujinc, but not limitod to: ;gt -l.uay poimit, buiHing pormit, d.molition of st uc-ture, Sh. Osv.loPlncnl PLn, Inaub.t ntl.l
;h'";;;t. nb ;;t;p.ont ptan, and Varincrs atong with, paymsnt o{ Impacl loo., .nd any new o. oubtanding te€s roqulted lor approval.
7.A.13.a
Packet Pg. 134 Attachment: CENA20200005561 Pereverzev (13021 : CENA20200005561 Pereverzev)
Sec. 54-185. - Declaration of public nuisance.
(a) The accumulation of weeds, grass or other similar nonprotected overgroMh in excess of eighteen
(18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any
Mowable Lot, and which lot has been specifically described by legal description and which condition has
been determined by the County Manager or his designee, to be a public nuisance pursuant to this
ordinance. Such Mowable Lot ls, or may reasonably be expected to become, infested or inhabited by
nonprotected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or
threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause
disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or
surrounding property.
7.A.13.a
Packet Pg. 135 Attachment: CENA20200005561 Pereverzev (13021 : CENA20200005561 Pereverzev)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13022) DOC ID: 13022
Updated: 7/28/2020 11:37 AM by Elena Gonzalez Page 1
CEV20200005263 Wenting and Cabada
CASE NO: CEV20200005263
OWNER: Agatha Wenting and Guillermo Cabada
OFFICER: Junior Torres
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Unlicensed vehicles on the property
as well as vehicles parked on the grass.
FOLIO NO: 68046600008
PROPERTY 3423 Dorado Way, Naples, FL 34105
ADDRESS:
7.A.14
Packet Pg. 136
VS
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COT/IMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CEV20200005263
AGATHA WENTING and GUILLERMO CABADA, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162j2, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Unlicensed/lnoperable Vehicles 130-95 and 4.05.03(A)
LOCATION OF VIOLATION: 3423 Dorado WAY, Naples, FL 34105
SERVED: AGATHA WENTING and GUILLERMO CABADA, Respondent
Junior Torres, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
NOTIFICACION: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor lraiga su propio traductor
AVETISiTAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angle tanpri vini avek yon inteprel pou pald pou-ou.
Anyone who requires an auxilrary aid or service for effeclive communicalion, or other reasonable accommodations to particapale in this proceeding,
should contact the Collier County Facilities Management Division, located al 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252 8380,
as soon as possible, bul no laler than 48 hours before the scheduled evenl. Such reasonable accommodalions will be provided at no cost to the
individual.
7.A.14.a
Packet Pg. 137 Attachment: CEV20200005263 Wenting and Cabada (13022 : CEV20200005263 Wenting and Cabada)
Ce3e Number: CEV20200005263
Dats: ilay 19, 2020
lnvesllgator: Junior Torres
Phono: 23H77-8'126
Orrner: WENTING, AGATHA GUILLERMO CABADA
3423 DORAOO WAY
NAPLES, FL 34105
Location: 3423 Dorado WAY, Naples
U nincorporated Collie. Gounty
Zoning Dlst: RSF-4
Proporty Logal D6cription:
Folio: 68046600008
NOTICE
Pu6uant to Coalier County Consolidated Code Enforcrmont Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Anicb lX, you aie notified that a violation(s) of the following Collier County Ordinance(3)
and or PUO Regulatlon(s) exists at th6 above{osctibod location.
Ordinance/Code: Storage and Use olVehicle Control Ordinance, Code ofLawsand Ordinances, Chapter 130, Article lll,
Section 130-95
Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use. Single Family Dwelling
Units. Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)
Limilations on parking, storage ol vehicles without cunent liconse plates.
Vehides or trailers of any type that are not immediately operable, or used for the purpose for which they were manulactured withoul
meclanic€l or eleclical repairs or the replacement ot pa(s; or do not meet the Florida Safety Code; or do not have cunent valid license
plates; or do not meet the deiinition of Recrealional Vehicl€ shall not be parkod or storsd in any Residential District, including the E
estates district, other than in a complelely endosed building. For the purpose of this seclion, a license plate shall not be considered valid
unless it is both affxed to a vehicle or trailer in a tashion autrloized by Florida law and is registered to the vehicle or trarler upon which it
is disp,aysd.
All automobil€ parking or storage of automobiles in conn€ction with resideniial structures ... The parking and/or storage of
automobiles in mnnection with the residential dwelling units they are ancillary and accessory to shall be regulated as
follo\r/s:
A. Singlejamily dwelling units: Unless othoMise parked or stored in an enclosed struclure, the pa*ing or sloring ol
automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic gdd
stabilization system covered by surface areas made of concrete, crushed slone, crushed shell, asphalt, pavers or turf
parking systsms specifically designated for the parking ot automobiles. The designated parking area may nol comprise an
area grsatsr than forty (40%) percent of any required front yard; which, nonethsless, may not ssrve to limit a driveway to a
width of less than twenty (20) feot. All pa*ed aulomobiles shall utilize only lhe designated parking areas of the lot.
Violation Status - lnitial
DESCRTPTTON OF CONDmO S CONSmUING THE VTOLATION(S).
Did Witne3s: Obseivod unllcensed vehicles on the property as well as vehicles parked on the grass.
OROER TO CORRECT VIOLATION(S):
You aro directod by this Notic€ to take the following correctivs action(s):
1 . Must obtain and afflx a cunent valid license plate to each vehicle/lrailer not stored within the confines of a
completely enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove
offending vehicle(s)traile(s) from residentially zoned area ANO/ORMust repair defects so vehicle is immedaately operable,
OR storo same within a completely enclos€d structure, OR remove offending vehicle(s)and/or trailer(s) from residenlially
zoned area, including Estates zoned property. ANO/OR Cease and desist sale and/or display of vehicle(s), equipment,
and/or merchandise adiacent to any public right-of-way.
2. Must limit designated parking to stabilized subsurface base or plastic grid stabilization system covered by surface
areas made of concret€, crushed stone, crushed shell, asphalt, pavers or lurt parking systems specifically designated for
parking of automobiles AND Must limit designated parking areas to 40% of tha rsquired front yard or no less than a 20 foot
wide driveway.
OItl OR BEFORE: fay 26rh, 2020
Failure to correc't yiolations may reault in:
1) Mandatory notice to appear or issuance of a citation lhat may result in i:nes up to t500 a.ld cosls of
prosocution. OR
COLLIER COUNTY COOE ENFORCE ENT
roTlcE oF vlor-ATloN
7.A.14.a
Packet Pg. 138 Attachment: CEV20200005263 Wenting and Cabada (13022 : CEV20200005263 Wenting and Cabada)
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239252-2y3
Case Number: CEV20200005263
Signature and Title of Recipient
Printed Narne of Recipient
Date
'Thle vlolatlon may requlre addhlonal compllance and approval from other dopartmenB whlch may be requlred under local, ctate and federal
rugulationr, including, but not lamltod to: rightof-*ay pofmit, brrilding permL demoliuon ot structure, Site Developrnent Phn, lnsubstandal
Change to Site Developmont Plan, and Variances along with, paymsnt of impact fcss, 8nd any ncw or outstandlng fG63 rcquircd ror approval,
7.A.14.a
Packet Pg. 139 Attachment: CEV20200005263 Wenting and Cabada (13022 : CEV20200005263 Wenting and Cabada)
Sec. 130-95. - Limitations on parking, storage of vehicles without current license plates,
Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which
they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not
meet the Florida Safety code; or do not have current valid license plates; or do not meet the definition
of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates
district, other than in a completely enclosed building. For the purpose of this section, a license plate
shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by
Florida law and is registered to the vehicle or trailer upon which it is displayed.
4.05.03 - Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential
land Use
A. Single-family dwelling units: Unless othen,ise parked or stored in an enclosed structure, the parking
or storing of automobiles in connection with single-family dwelling unitsshall be limited to stabilized
subsurface base or plastic grid stabilization systemcovered by surface areas made of concrete, crushed
stone, crushed shell, asphalt,pavers or turf parking systems specifically designated for the parking of
automobiles.The designated parking area may not comprise an area greater than forty (40%) percentof
any required front yard; which, nonetheless, may not serve to limit a drivewayto a width of less than
twenty (20) feet. All parked automobiles shall utilize onlythe designated parking areas of the lot.
7.A.14.a
Packet Pg. 140 Attachment: CEV20200005263 Wenting and Cabada (13022 : CEV20200005263 Wenting and Cabada)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13023) DOC ID: 13023
Updated: 7/28/2020 11:39 AM by Elena Gonzalez Page 1
CEV20200003618 Cisneros
CASE NO: CEV20200003618
OWNER: Martha Cisneros
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A) and Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95.
Unlicensed vehicles parked on the grass.
FOLIO NO: 769240004
PROPERTY 980 Auto Ranch RD, Unit 1, Naples, FL 34114
ADDRESS:
7.A.15
Packet Pg. 141
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS, Case: CEV20200003618
COLLIER COUNTY, FLORIDA, Plaintiff,
vs
NOTICE OF HEARING
PLEASE TAKE NOTTCE that Pursuant to Section 162.06 and 162.12,Floida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Residential Parking - Single Family 4.05.03(A) and 130-95
LOCATION OF VIOLATION: 980 Auto Ranch RD, Unit 1, Naples' FL 34114
SERVED: MARTHA CISNEROS, Respondent
Thomas Pitura, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to panicipate in this proceeding,
sh;utd contad the Co ier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 10'1, Naples, Florida 34112, or (23S) 252-8380'
as soon as possible, but no tate;than 48 hours b;fore the scheduled evenl. Such reasonable accommodations will be provided at no cost to the
individual.
NOT|F|CACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
reiponsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVETTSMANT Tout odisyon yo fet an angle. Nou pan gin moun pou fd tradiksyon. Si ou pa paE angld tanpri vini avek yon inteprdt pou pale pou ou.
MARTHA CISNEROS, Respondent(s)
pLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT ls FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
7.A.15.a
Packet Pg. 142 Attachment: CEV20200003618 Cisneros (13023 : CEV20200003618 Cisneros)
Case Number: CEV20200003618
Date: April 22, 2020
Invesligator: Thomas Pitura
Phone: 239'877 8118
Owner: CISNEROS, MARTHA
980 AUTO RANCH RD LOT 1
NAPLES, FL 34114
Location: 980 Auto Ranch RD, Unit: '1, Naples
Unincorporated Collier County
Zoring Dise MH
Property Legal Description: 2051 27 UNRECD LOT 1 DESC ASr W 62FT OF S 145FT DESC AS BEG SW CNR
OF SEC 20, S 89 DEG E 697,99FI, N 66OFT TO
Folio: 7692400@
NOTICE
Pursuant to Collier County Consolidated Code Enforcemenl Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the folowing
Cola:er County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Specific Parking Requirements for Residential Uses in Mjxed Use Urban Residential
Land Use. Single Family Dwelling Units Collier County Land Development Code 04-41, as amended
Section 4.05.03(A)
Storage and Use of Vehicle Cont.ol Ordlnance, Code of Laws and Ordinances, Chapter 130, Article lll,
Section 130-95
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
All automobile parking or storage of automobiles in connecljon with residenlial structures ... The parking and/or
slorage ofautomobiles in connection with the resideniial dwelling unlts they are anciliary and accessory to shall be
regulated as follows:
A. Single-family dwelling units: Unless otherwase parked or stored in an enclosed skucture, the parking orstoring
of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic
grid stabilization system covered by surface areas made ol concrete, crushed stone, crushed shell, asphalt, pavers or
turl parking systems specifically desigrated for the parking of aulomobiles The desagnated parking area may nol
comprise an area greater than forty (40%) percent of any required tronl yard; which, nonetheless, may not serve to
limit a driveway to a width o, less than twenty (20) feet. All parked automobiles shall utilize only the designated
parking areas of the lot.:
Limitations on parking, storage of vehacles without current license plates.
vehicles or trailers of any type that are not immediately operab e, or used for lhe purpose for which they
were manufactured without mechanical or electrical repairs or the replacement of parts, or do not meet
the Florida safety code; or do not have current valid llcense plates, or do not meet the definition of
Recreational Vehicle shall not be parked or stored in any Residential Diskict, including the E estates
diskict, other than in a completely enclosed building. For the purpose of this section, a license plate shall
not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law
and is registered to the vehicle or trailer upon which it is displayed.:
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLATtON(S).
Did Witness: Unregistered vehicles parked on the grass and not on a stabilized surface
ORDER TO CORRECT VIOLATION(S}:
7.A.15.a
Packet Pg. 143 Attachment: CEV20200003618 Cisneros (13023 : CEV20200003618 Cisneros)
You are directed by this Notice to take the following corrective action(s):
lnitial lnspection
1. Must limit designated parking to stabilized subsurface base or plastic grid stabilization system
covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking
systems specifically designated for parking of automobiles AND Must limit designated parking areas to
40o/o of the required front yard or no less than a 20 foot wide driveway
2. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the
confines of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed
structure, AND/OR Remove offending vehicle(s)trailer(s) from residentially zoned area AND/ORMust
repair defects so vehicle is immediately operable, OR store same withln a completely enclosed structure,
OR remove offending vehicle(s)and/or trailer(s) from residentially zoned area, including Estates zoned
propefry. AND/OR Cease and desist sale andior display of vehicle(s), equipment, and/or merchandise
adjacent to any public right-of-way
ON OR BEFORE: 05{4-2020
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone. 239 252-2440 FAX. 239 252-2343
(.)ar/1
lnvestigator Signatu re
Thomas Pitura
Case Number: CEV20200003618
-Signature and Title of Recipient
Printed Name of Recipient
Date
This violation may require additional compliance and approval from other departments which may be required under local,
stato and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site
Developmont Plan, lnsubstantial Change to Site Developmant Plan, and Variances along with, payment of impact fees, and
any nevv or outstanding fees required for approval.
7.A.15.a
Packet Pg. 144 Attachment: CEV20200003618 Cisneros (13023 : CEV20200003618 Cisneros)
Ordinance/Code: Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)
Storage and Use of Vehicle Control Ordinance
All automobile parking or storage of automobiles in connection with residential structures ... The parking
and/or storage of automobiles in connection with the residential dwelling units they are ancillary and
accessory to shall be regulated as follows: A. Singlejamily dwelling units: Unless otheMise parked or
stored in an enclosed structure, the parking or storing of automobiles in connection with singlejamily
dwelling units shall be limited to stabilized subsurface base or plastic grid stabilization system covered by
surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems
specifically designated for the parking of automobiles. The designated parking area may not comprise an
area greater than forty (40%) percent of any required front
yard; which, nonetheless, may not serve to limit a driveway to a width of less than twenty (20) feet. All
parked automobiles shall utilize only the designated parking areas of the lot.
Ordinance/Code: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter
130, Article lll, Section L30-95
Limitations on parking, storage of vehicles without current license plates.
Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which
they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not
meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition
of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates
district, other than in a completely enclosed building. For the purpose of this section, a license plate
shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by
Florida law and is reglstered to the vehicle or trailer upon whlch it is displayed.:
7.A.15.a
Packet Pg. 145 Attachment: CEV20200003618 Cisneros (13023 : CEV20200003618 Cisneros)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13024) DOC ID: 13024
Updated: 7/28/2020 11:40 AM by Elena Gonzalez Page 1
CESD20190007000
CASE NO: CESD20190007000
OWNER: Guerline Norbrun
OFFICER: Tony Asaro
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i).
Unpermitted window replacement.
FOLIO NO: 36457760006
PROPERTY 3037 54th LN SW, Naples, FL 34116
ADDRESS:
7.A.16
Packet Pg. 146
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COIVIMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CESD20190007000
GUERLINE , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section '162.06 and 162j2, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Building Permit LDC 10.02.06(B)(1 Xa) and 1 0.02.06(8)(1)(e)(i)
LOCATION OF VIOLATION: 3037 54th LN SW, Building, Naples, FL 341'16
SERVED: GUERLINE NORBRUN, Respondent
Tony Asaro, lssuing Officer
RESPONOENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearang. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodatjons lo participate in this proceeding,
should conlact the Collier County Facilities Managemenl Division, located al 3335 Tamiami Trail E., Suite 101, Naples. Flotida U112, ot (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios lhe traduccron no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio lraductor
AVETISMAN: Tout odisyon yo fdt an angle. Nou pan gin moun pou fe tradaksyon. Si ou pa pal6 angld tanpri vini avek yon intepret pou pale pou-ou.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEI\iIENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
7.A.16.a
Packet Pg. 147 Attachment: CESD20190007000 Norbrun (13024 : CESD20190007000 Norbrun)
Case Number: CESD20190007000
Date: June 13, 2019
lnvestigator: Boris Molina
Phone: 239-252-2440
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: NORBRUN, cUERLINE
3037 54TH LN SW
NAPLES, FL 34116
Location:3037 54th LN SW, Naples
Unincorporated Collier County
Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 7 BLK 267 LOT '14 Folio: 36457760006
NOTICE
Purcuant to Collier County Consolidated Gode Enforcement Regulations, Collier County Code of Laws andOrdinances, Chapter 2, Article lX, you are notified that a viotation(s) of the foltowing CollieiCounty Ordinance(s)
and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Collier County Land Development Code 04{1, as amended, Section 10.02.06(8)(1)(a)
county Land Development code 0441 as amended, Section 10.02.06(BXr)(e)(i)
The County Manager or his designee shall be responsible for determining whether applications for building or land alteralion permits, asrequired by the Collier County Building code or this Code are in accord with the requirements of this Codel and no building oi tandalteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, an'd other landdevelopment regulations. For purposes of this section a land alteration permit shall mean any written authorizition to alter land and forwhich a building permit may nol be required. Examples include but are not limited to clearing and excavation permits, site developmentplan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered,
utilized or allowed to exist and/or no land alteration shall be pennitted without first obtaining the authorization of the requireJpermit(s),
inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code :
i. ln the event the improvement of property, conslruclion of any type, repairs or remodeling of any type that requires a building permit
has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained wittrin OO days afterthe issuance of
after the fact permit(s).:
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VIOLAT|ON(S).
Did Witness: Unpermitted window replacement
ORD.ER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corrective action(s):1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of
Completion/Occupancy for described slruclure/ alteration.
2. Must obtain all ins2ections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building
Code.
ON OR BEFORE: 0711312019
Failure to correct violations may result an:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and
costs of prosecution.
SERVED BY. INQUIRIES AND COMMENTS SHOULD BE9.M DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
I nvestigator Sig nature
Boris Molina
Case Number: CESD20190007000
nd Title
e of Recipient
(-()n\,1
Date
Phone:239252 FAX; 239 252-2343x
7.A.16.a
Packet Pg. 148 Attachment: CESD20190007000 Norbrun (13024 : CESD20190007000 Norbrun)
The Collier County Land Development Code, 2004-41 , As Amended
'10.02.06 - Requirements for Permits
Building Permit or Land AlGration Permit.
1. Building or land alteration permit and certificate of occupancy compliance process
B
a Zoning action on building or land alteration permlts. The County Manager or his designee
shall be responsible for determining whether applications for building or land alteration
permits, as required by the Collier County Building code or this Code are in accord with
the requirements of this Code, and no building or land alteration permit shall be issued
without written approval that plans submitted conform to applicable zoning regulations, and
other land development regulations. For purposes of this section a land alteration permit
shall mean any written authorization to alter land and for which a building permit may not
be required. Examples include but are not limited to clearing and excavation permits, site
development plan approvals, agricultural clearing permits, and blasting permits. No
building or structure shall be erected, moved, added to, altered , utilized or allowed to
exist and/or no land alteration shall be permitted without first obtaining the authorization of
the required permit(s), inspections and certificate(s) of occupancy as required by the
Collier County Building Code or this Code and no building or land alteration permit
application shall be approved by the County Manager or his designee for the erection,
moving, addition to, or alteration of any building , structure , or land except in conformity
with the provisions of this Code unless he shall receive a written order from the Board of
Zoning Appeals in the form of an administrative review of the interpretation, or variances as
provided by this Code, or unless he shall receive a written order from a court or tribunal of
competent jurisdiction.
lmprovement of propefty prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of any
type may be commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land development Code or
other applicable county regulations. Exceptions to this requirement may be granted by the
County Manager or his designee for an approved subdivision or site development plan
to provide for distribution of fill excavated on-site or to permit construction of an approved
water management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal
of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 3 and 10.
i. ln the event the improvement of property, construction of any type, repairs or
remodeling of any type that requires a building permit has been completed, all
required inspection(s) and certificate(s) of occupancy must be obtained within 60 days
after the issuance of after the fact permit(s).
7.A.16.a
Packet Pg. 149 Attachment: CESD20190007000 Norbrun (13024 : CESD20190007000 Norbrun)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13025) DOC ID: 13025
Updated: 7/28/2020 11:42 AM by Elena Gonzalez Page 1
CEAU20200000814 Louis and Altema
CASE NO: CEAU20200000814
OWNER: Cholet Louis and Myrlande Altema
OFFICER: Virginie Giguere
VIOLATIONS: Florida Building Code 2017, Chapter 1, Part 2, Section 105.1.
Fence erected prior to obtaining Collier County Building
permits.
FOLIO NO: 25967801521
PROPERTY 14610 Chickee DR, Naples, FL 34114
ADDRESS:
7.A.17
Packet Pg. 150
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVIISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS.
Case: CEAU20200000814
CHOLET LOUIS and MYRLANDE ALTEMA , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE:
TIME:
PLACE:
VIOLATION:
LOCATION OF VIOLATION:
SERVED:
08t07 t2020
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
Fence - Building Permit FBC 2017, 105.'l
14610 Chickee DR, Naples, FL34114
CHOLET LOUIS and MYRLANDE ALTEMA, Respondenl
Virginie Giguere, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, wltnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prjor to your attendance at the hearing to
lnclude emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations lo participate in this proceeding,
should conlacl the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34'112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio lraductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor lraiga su propio traductor
AVETISMAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fd lradiksyon. Si ou pa pale angle tanpd vini avek yon intepret pou pal6 pou-ou.
7.A.17.a
Packet Pg. 151 Attachment: CEAU20200000814 Louis and Altema (13025 : CEAU20200000814 Louis and Altema)
Case Number: CEAU20200000E14
Dale: February 25, 2020
lnvestigator: Vrrgrnre Giguere
?honei 239-252-2325
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: CHOLET LOUIS & MYRLANOE ALTEMA
'146'!0 CHTCKEE OR
NAPLES, FL 34114
Location: 14610 Chickee DR, Naples
Unincorpolated Collier County
Zoning Dbt: PUD Propsrty Legal Doscription: CHARLEE ESTATES LOr67 Folio: 2596780152 1
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,
Chspte. 2, Anicl€ lX, you are notified that a violation(s) of the follorving Collier County Ordinance(s) and or PUD Regulation(s)
exlata .t tho abovedoscribed location.
Ordinanco,lcode: Florida Building Code 6th Edition (2017) Building Chapter 1 Scope and Admrnistratron Part 2 Admrnrstration and
Enforcemenl, Section 105 Permits 105.1 Requrred.
Any o\r/ner or authorized agentwho intends to construct, enlarge alter reparr move. demoltsh. or change the occ!pancy of abutldtng or
struc'ture orto erect, install, enlarge. alter, repair remove. convert or replace any rmpact resistant coverings. elecktca gas mechanical
or plumbing system, the nstallatron ofwhich is regulated by thrs code. or to cause any such work to be done shall first orake apptLcatron
to the bullding offcial and obtain the requircd permit
Violation Status - lnitial
DESCRTPTTON OF CONOTTIONS CONSTTTUTTNG THE VIOLATtON(S).
Did Witness: fence erected prior to obtaining Collier County Building permits
OROER TO COR T VIOLATION(S}:
You ars directed by this Notice to take the following corrective action(s):
Must comply with all requiremenls pursuant to 04-41, Section 5.03.02 AND / OR Must apply for and obtain a permits,
inspections, and certificates of completion/occupancy required lor described structure/improvements AND / OR Must
remove said structure/improvements, including materials from property and restore to a permitted state
ON OR BEFORE: March 26, 2020
Failure to correct yiolations may result in:
1) Mandatory notic€ to appea. or issuance of a citaton that may result in fines uo lo $5oo and costs ot
Prosecution. OR
2) Code Enforce
of prosecution
ment Board review that may result tn fines up to IIOOO per day per vrolaton as lon g as the vrolation remains. and costs
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples. FL 34104
Pione.239 252-2440 FAX 239 252-2343r Signature
ere
Case Number 000081
P rinted Name of Reciprent
Date
ln
state and fedelal
n.lnsubstantiat
ired lor app.oval.
'Thk vlohtion may aoquiag addtional coftpljanc€ and approval trom olher depdnments whrch may be requrrec, under localregureflon3, rncrudros, bur nor rimrted 16 rrihr.t-*"y d;rr, ;;;i;;"g-p"'..1i1'"'ii",n,""
", strucr,re, sire Deveropment prachango ro stle Devero, renr pran, rnd varrances aron! w'r, pavm;;i ti;;;;;;., """ anv now or outsranding foes requ
SERVED BY:
Vjrginie
Sgnafure anO T, e of Rec,ptent =-_-
7.A.17.a
Packet Pg. 152 Attachment: CEAU20200000814 Louis and Altema (13025 : CEAU20200000814 Louis and Altema)
The 2017 Florida Building Code-Bualding, Sixth Edition
lAI105.'l Required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or
change the occupancy of a building or structure, or to erect, install, enlarge, allet, repair, remove, convert
or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be performed, shall first make application
to the building officla/ and obtain the required permlt.
7.A.17.a
Packet Pg. 153 Attachment: CEAU20200000814 Louis and Altema (13025 : CEAU20200000814 Louis and Altema)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13026) DOC ID: 13026
Updated: 7/28/2020 11:44 AM by Elena Gonzalez Page 1
CENA20190006751 Nemer
CASE NO: CENA20190006751
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831280009
PROPERTY No Site Address- Becca Ave, Naples, FL 34112
ADDRESS:
7.A.18
Packet Pg. 154
CODE ENFORCEMENT. COLLIER COUNry, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CENA20190006751
HALA D NEIVER,Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162j2, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Prohibited Exotics-Unimproved Property 54-185(d) and 3.05.08(AXO)
LOCATION OF VIOLATION: No Site Address; Becca Ave; Folio No. 29831280009
SERVED: HALA D NEMER, Respondent
Virginie Giguere, lssuing Officer
RESPONDENTS ARE REQUIREO TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days praor to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communicalion or olher reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities l\4anagement Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodalions will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Setuicios lhe traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio taaductor
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pald angld tanpri vini avdk yon intepret pou pal6 pou-ou.
7.A.18.a
Packet Pg. 155 Attachment: CENA20190006751 Nemer (13026 : CENA20190006751 Nemer)
Violation Status - lnitial
DESGRTPTTON OF CONDTTTONS CONSTTTUTTNG THE V|OLAT|ON(S).
Did Witness: exotics consisting of but not limiled to Brazilian Pepper, etc. on unimproved lot within 2OO ft of an
improved lot
ORDER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corrective action(s):
Remove all Collier County Prohibited Exotic vegetation that exists within a 20Ojoot radius ot any abutting, improved
property. The use of heavy machinery to do mechanical clearing of Exotic vegetation REQUIRES a Vegetation Removal
Permit to be obtained. When Prohibited Exotic vegetation foliage is removed, but the base of the vegetation remains, the
base and every cut stem or stump must be treated with a U.S. Environmental Protection Agency approved herbicide and a
visible tracer dye must be immediately applied.
ON OR BEFORE: August 9,2019
Failure to correct violations may reault in:
1) Mandatory notic€ to appear or issuaoce of a citation that may result in lines up to SSOO and costs of
prosecution. oR
2) Code Enforcement Board review that may result in fines up to $1000 per day per vrolatton as long as the vlolatlon rematns and costs
of prosecution
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
OIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples. FL 34104
Phone . 239 252-2440 F M . 239 252-2343lnvestigator S
I
Virginie Giguere
ure
Case Number: CENA20'190006751
Date: July 10,2019
lnvestigator: Virgrnie Giguere
Phone: 239-252-2325
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: NEMER. HALA D
534 W FAIRLAWN BLVD
AKRON. OH 44313
Location: Becca Ave
Unincorporated Collier County
Zoning Dlsl: RMF-6-BMUD-R1 Prope.ty Legal Doscrlption: DEMERE LANDTNG LOT 37 Folio:29e31280009
NOTICE
Pur8uant to Collier Counly Consolldated Code Enforcament Regulations, Collier County Code of Laws and Ordinances,
Chapter 2, Articlo lX, you ate notifiod that a violation(s) of the following Collior County Ordinance(s) and or PUD Regulation(s)
exilts at thc .bovedoscribed location.
Ordinanc€/Code: Envrronme.t Weeds Lltter and Exottcs Declaraton of Pubtrc Nursance Co rer County Code of Laws and
Ordrnances Chapter 54, Article Vl, Section 54-185(d)
Collier County Land Development Code 04-41, as amended Secfion 3 05 O8(A)(rl1 (O
d The accumulation ot exotics is hereby prohibited and declared to be a public nuisance when located upon any
unimproved property in Collier County when the exotics are located within a 2oo-foot radius of any improved property
located in a recorded or unrecorded subdivision. However, the requirements for abatement of the public nuisance as
described in section 554-187 shall only apply to that portion of the unimproved property where the exotics exist within a
200joot radius of any abuning, improved property. Furthermore, the requirements for abatement of the public nuisance as
described in section 54-187 shall only apply when the county received a complaint.:
(A)(y' 0 Herbicides utilized in lhe removal of prohibited oxogc vogotallon shall have been approved by the U.S. Environm€ntal
Protection Agency. Any person who supervises up to eight (8) people in the applic€tion of pestacid€s and herbicdes in the chemical
maintenance of exotic vegetation in preserves. required retained native vegetation areas, wetlands, or LSPA shall maintain ths Florida
Dept of Agriculture and Consumer S€rvices certifications for Natural Areas Pesticide Applicators or Aquatic Herbjcide Applicators
dep€ndent upon lhe specifc area to be treat€d yvlen p.ohlbltad orollc yeget Oon is removed, but the bas€ of the vegetation
remains, thg base shallbe rsatgd with an U.S Environmental Protection Agency approved herbicide and a visuattraceidye shafi be
applied.
7.A.18.a
Packet Pg. 156 Attachment: CENA20190006751 Nemer (13026 : CENA20190006751 Nemer)
Case Number: CENA201 9000675'l
Signature and Title of Recipient
Printed Name of Recipient
Date
.Tiis violation may require additional compliancs and approval lrom other departmenls which may be tequired undor local, state and fedeGl
rcgulations, including, but not limited to: righi-of-way permit, building permit, demolition of structure, Site Development Pla., lnsubstantial
Chang6 to Slto Development Plan, and Va.iances along with, payment ot impact te€s, and any new o. outstandlng fees r€qulrcd for aPproval.
7.A.18.a
Packet Pg. 157 Attachment: CENA20190006751 Nemer (13026 : CENA20190006751 Nemer)
3.05.08(AX6) - Requirement for Removal of Prohibited Exotic Vegetation
A. General.
6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
approved by the U.S. Environmental Protection Agency. Any person who supervises up to
eight (8) people in the application of pesticides and herbicides in the chemical
maintenance of exotic vegetation in preserves, required retained native vegetation areas,
wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services
certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators
dependent upon the specific area to be treated. When prohibited exotic vegetation is
removed, but the base of the vegetation remains, the base shall be treated with an U.S.
Envlronmental Protection Agency approved herbicide and a visual tracer dye shall be
applied.
Collier County Code of Laws and Ordinances, Chapter 54, Article Vl, Sec. 54-185. -
Declaration of public nuisance.
(d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance
when located upon any unimproved property in Collier County when the Exotics are located
within a two hundred (200) foot radius of any improved property located in a Recorded or
Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as
described in this Ordinance shall only apply to that portion of the unimproved property where
the Exotics exist within a two hundred (200) foot radius of any abutting, improved property.
Furthermore, the requirements for abatement of the public nuisance as described in this
Ordinance shall only apply when the County receives a complaint.
7.A.18.a
Packet Pg. 158 Attachment: CENA20190006751 Nemer (13026 : CENA20190006751 Nemer)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13027) DOC ID: 13027
Updated: 7/28/2020 11:46 AM by Elena Gonzalez Page 1
CENA20190006753 Nemer
CASE NO: CENA20190006753
OWNER: Hala D Nemer
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-185(d) and Collier County Land
Development Code 04-41, as amended, Section 3.05.08(A)(6).
Exotics consisting of, but not limited to, Brazilian Pepper, on
unimproved lot within 200 feet of an improved lot.
FOLIO NO: 29831240007
PROPERTY No Site Address – Becca Ave, Naples, FL 34112
ADDRESS:
7.A.19
Packet Pg. 159
VS
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMMISSIONERS, Case: CENA20190006753
COLLIER COUNTY, FLORIDA, Plaintiff,
HALA D NE|\ilER, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTTCE that Pursuant to Section l62.00 and 162.12, Floida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples' FL 34112
VIOLATION: Prohibited Exotics-Unimproved Property 54-185(d) and 3.05 08(4)(6)
LOCATION OF VIOLATION: No Site Address, Becca Ave; Folio No 29831240007
SERVED: HALA D NEMER, Respondent
Virginie Giguere, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
pLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities [Ianagement Division, located at 3335 Tamiam] Trail E., Suite 101, Naples, Florida 34'1'12, or (239) 252-8380,
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOT|F|CACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de este evenlo, Por favor traiga su propio traductor.
AVETISMAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angld tanpri vini avek yon intepret pou pa16 pou-ou.
7.A.19.a
Packet Pg. 160 Attachment: CENA20190006753 Nemer (13027 : CENA20190006753 Nemer)
Owner: NEMER. HALA D
534 W FAIRLAWN BLVD
AKRON, OH 44313
Location: Becca Ave
Unincorporatsd Collier County
Zoning Dist: RMF-6-Bl\rUD-R1 P.operty Legal Description: DEMERE LANDING LOT 36 Folio: 29831240007
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you arc notified that a violation(s) of the following collier County Ordinance(s)
and or PUD Regulation(s) exists at the above{escribed location.
Ordinance/Code: Environment. Weeds Litter and Exotics. Declaration of Publc Nuisance. Collier County Code of Laws
and Ordinances Chapter 54, Arlicle Vl, Section 54-185(d)
Collier County Land Development Code Section 3 05 08(A)(6)
d. The accumulation of exotics is hereby prohib(ed and declared to be a publc nuisance when ocated upon any unrmproved property
in Colller County when the exotics are located within a 200Joot radlus of any rmproved propeiy located rn a recorded or unrecorded
suMrvisaon However the requirements for abatement of the pubic nuisance as desc(bed in section 554-187 shall only apply to that
portion of the unimp.oved proFrty where the exotics exrst within a 200joot rad,us of any abutting, rmproved property Furthermore, the
requirements lor abatement oflhe publc nursance as descnbed rn section 54-187 shall only apply when the county recerved a
complarnt :
Herbicid€s utilized in the removal ol prohlbltod orotlc vogotaton shall have been approved by the U S. Envrronm€ntal Proteclion
Agency. Any person who supervises up to eight (8) people in ths application of pesticides and hsrbicides in the chemical maintenanc€ of
exotc vegetation in pr€serves. requir€d retained natiw vegetation areas. w€tlands, or LSPA shall maintain the Florida Dept of
Agriculturo and Consumer Servicas csrtificalions Ior Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent
upon th€ specific area to be t€ated. v\/hen prohlbltod oxo c vogetatlon is removed, but the base of the vegetatron remarns, the base
shall be treated w{h an U.S Environmental Proteclion Agency approved h€.bicide and a visualtracer dye shallbe applied.
Violation Status - lnrtaal
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLATTON(S).
Did Witness: exotics consisting ot but not limited to; Brazilian Pepper, etc. on unimproved lot within 200 ft of an
improved lot.
ORDER TO CORRECT VIOLATION(S)
You are directed by this Notice to take the following corrective action(s):
Remove all Collier County Prohibited Exot,c vegetation that exists within a 2oo-foot radius of any abutting, improved
property. The use of heavy machinery to do mechanical clearing of Exotic vegetation REQUIRES a Vegetation Removal
Permit to be obtained. \Men Prohibited Exotic vegetation foliage is removed. but the base of the vegetation remains, the
base and every cut stem or stump must be treated with a U.S. Environmental Proteclion Agency approved herbicide and a
visible tracer dye must be immediately applted.
ON OR BEFORE: August 9, 2019
Failure to corect violations may result in:
1) Mandatory notice to appear or issuanc€ of a cataton that may
prosecuton OR
2) Code Enforcement Board review that may result rn fines up to
case Number: CENA201 90006753
Date: July 10,2019
lnvestigalor: Virgrnre Grguere
Phone: 239-252-2325
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
result in fines up to 3500 and costs of
$1000 per day per vrolatlon as long as the vlolation remains. and costs
INQUIRIES AND COMMENTS SHOULO BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Or, Naples, FL 34104
Phone. 239 252-2440 F pA, 239 252-2343
of prosecutron.
SERVED BY
lnvestigator ature
Virginie G uere
,/
90006case N um beXQ-ENAli 3
7.A.19.a
Packet Pg. 161 Attachment: CENA20190006753 Nemer (13027 : CENA20190006753 Nemer)
Signature and Title of ReciPient
Printed Name of ReciPient
Date
,This violation may requiro additional compliance and approval from other departments which may be required under local, state and ,ederal
regulations, including,'but not limitEd to: right-of-way peimit, building permit, demolition of structure, Site Developmont Plan, lnsubstantlal
Ch:ange to Site Devetopmont plan, and Variinces along urith, payment of impact fees, and any new or outstanding fees roquirgd for approval.
7.A.19.a
Packet Pg. 162 Attachment: CENA20190006753 Nemer (13027 : CENA20190006753 Nemer)
3.05.08(A)(6) - Requirement for Removal of Prohibited Exotic Vegetation
A. General
6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
approved by the U.S. Environmental Protection Agency. Any person who supervises up to
eight (8) people in the application of pesticides and herbicides in the chemical
maintenance of exotic vegetation in preserves, required retained native vegetation areas,
wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services
certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators
dependent upon the specific area to be treated. When prohibited exotic vegetation is
removed, but the base of the vegetation remains, the base shall be treated with an U.S.
Environmental Protection Agency approved herbicide and a visual tracer dye shall be
applied.
Collier County Code of Laws and Ordinances, Chapter 54, Article Vl, Sec. 54-{85. -
Declaration of public nuisance.
(d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance
when located upon any unimproved property in Collier County when the Exotics are located
within a two hundred (200) foot radius of any improved property located in a Recorded or
Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as
described in this Ordinance shall only apply to that portion of the unimproved property where
the Exotics exist within a two hundred (200) foot radius of any abutting, improved property.
Fudhermore, the requrrements for abatement of the public nuisance as described in this
Ordinance shall only apply when the County receives a complaint.
7.A.19.a
Packet Pg. 163 Attachment: CENA20190006753 Nemer (13027 : CENA20190006753 Nemer)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12981) DOC ID: 12981
Updated: 7/28/2020 11:49 AM by Elena Gonzalez Page 1
CEEX20200003349-DASV20-006714 Nunez
CASE NO: CEEX20200003349-DASV20-006714
OWNER: Marisela Nunez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(B). Dog (“Hurricane”) running at
large.
FOLIO NO:
PROPERTY 1609 7th Ave, Immokalee, FL 34142
ADDRESS:
7.A.20
Packet Pg. 164
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
VS,
MARISELA NUNEz, Respondent(s)
Office of the Special Magistrate
Case: cEEx20200003349-DASV20-00671 4
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 11:00 AM
PLACE:3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: DAS Animal At Large//Road 14-35(1)(8)
LOCATION OF VIOLATION: 1609 7th Ave, lmmokalee, FL 34142
SERVED: MARISELA NUNEZ, Respondent
Emmanuel Valdes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least fave (5) business days prior to the date set for the hearing.
lT lS FURTHER AOVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone \,vho requires an auxiliary aid or service for effective communication, or other reasonable accommodalions to participate in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIF|CACION: Esta audiencia sera conducida en el idioma lngles. Se.vicios lhe traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor lraiga su propio traductor.
AVETISMAN: Toul odisyon yo fet an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avdk yon intepret pou pale pou-ou.
7.A.20.a
Packet Pg. 165 Attachment: CEEX20200003349-DASV20-006714 Nunez (12981 : CEEX20200003349-DASV20-006714 Nunez)
TII{E OF OFFET{SE
3:48 pm x
DATE ISSUEO I\.rn-tri SIUZTS
LAS] }IATE
NUNEZ
FIRS' I{AME
MARISELA
MIDDTE
STREETAOORESS
1401 ORANGE ST
APT/LOT NO
CITY
IMMOKALEE
STATE
FL
AP
34',t42
PHONE DOA PERSON tO
P100682
ATIITAL NASE
HURRICANE
SEI
M
TAG IuN1?
BREED
ALASK MATAMUTE
t{t[AL lDCOLOR
BLACK AND WFIITE
ANO OIO COiiIIIT THE FOLLOWNG OFFENSES:
%'l'"l0 o*, rr, seCrt#{rorel "o' oFEEN.E PRICE
$207
LOCATIOI,{ OF VIOLANON
1609 7TH AVE
ffit
IHE UNDERSIGNED OFFICER CERTIFIES
ceel)oaa ooo3341
ANIMAL SERVICES CITATION
crrArroN No: V20{067'14 cnse ruo A20-001414
OATE OF OFFENSE
03t25t2020
The violations li5t6d on th6 front side of thas form may
be satislied by complying with any Notice to Comply
raguirements and/or paying the penalty listed on the
f.ont, unless a mandatory appearance is required.
INSTRUCTIONS
FORiIAL WRmEI WARNTNG: No aclion necessary. unloss you el€ct to
contest the violatio.: violalron wlll be recoaded as a tlast ofiense
CITATION OPTIONS
I have been hfomed ofthe violation ofwhich I have been charged and elect
lhe Iollowing option
tr Pry th€ civil penalty - You may pay the amount indicated on the front
srde of this citation w{h any cost rmposed by law w{hjn 20 days of issuance.
.l Contost the violatlon - You may contest the viotation by submitting a
written request for a heanhg before the Speoal Magrstrate wthrn 20 days of
issuance of the citation
LJ Afrlnd a "RBgponsibls P€t Own.Bhip" couEo - ln lieu of paying the
civia penalty above. you may be eligible to attend a "Responsible Pet
Ownership" course You will be responsible for any costs associated with
attending the course You must register and pay for lhe course within twenty
(20) days of receipl of this otation By .egistering and paying for the cou6e
you waiv€ your rQht to a hsaring to contest the viotation and tt const[utes an
admission of the vplation The collse must be succ€ssfully compl€ted
wilhin nmety (90) days of receipt of thrs crtation Upon successful
completion ol the course the civil penalty will be wa,ved. You may not make
an eloction undsr this subseclaon it you have successfully comphted this
course wilhin the preceding twelve (12) months or the cttstion requires a
mandatory appearance before the Special Magistrate. You may make no
more than two (2)eleclions under this subsection. Successful completion of
the course does not conslitute a dismissal ol any violation
HE HAS JU
D REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT
THE NAMED PERSON(S) OR ENTITY HAS COMMITTEO THE
VIOLATION STATEO BELOW:
OFFICER'S COMMENTS/FACTS CONSTITUTING PROAAALE CAUSE:
of,icer obg€Ned doqs ofi gwnels Daooerw runnino at laroe on 1609 7th
Ave-Second Ofiensa/ Citation
FORMAL IA/RITTEN WARNING
NOTICE TO COMPLY. COMPLIANCE REOUIR€O 8Y
CITATION . IF NOT IN COMPLIANCE BY
CITATION
MANOATORY COURT APPEAFANCE
Shnature (Recioi€ni)
Shnature (Offcor)
Print (Offcer)
f
-SEE INSTRUCTIONS ON AACKSIDE"
TOTAL CIVIL PENALry DUE O2O7.OO
NOTICE
Th,s citation is issued puGuant to Sec,tion 828 27 Ftorida Statute The
violation for which you are charged is a ovil infrection. your signatlre on
this citation does not co.strtule an admjssron of a violalio.. however. wiltful
refusal to sign and ac@pt this otation is a misdemeanor of the 2nd c,egrce,
punishable as provided in 775 082 or 775 083 F S
I UNDERSTANO THAT IF THE DECISION OF THE ISSUING OFFICER IS
AFFIRMED BY THE SPECIAL MAGISTRATE THEN I MAY AE
RESPONSIELE FOR THE AOMINISTRATIVE COST OF THE HEARING.
WHICH WLL NOT EXCEEO S5OO, PURSUANT TO COLLIER COUNTY
COOE OF IAWS AND ORDINANCES 14.38 I UNDERSTANO THAT THAT
MY FAILURE TO PAY THE CIVIL PENALTY. FAILURE TO REOUEST A
HEARING OR FAILURE TO ATTEND A REQUESTED HEARING WILL
CONSNTUTE A WAIVER OF MY RIGHT TO A HEARING AND
ADDITIONAI FINES OR LEINS MAY BE ENTEREO AGAINST ME I
FURTHER UNOERSTAND THAT IF ELIGIBLE, MY ELECTION TO
ATTENO IHE RESPONSIBLE PET OWNERSHIP COURSE WITTIIN THE
TIME PERIOO STATEO ON THIS NOTICE WILL CONSTITUTE A WAIVER
OF MY RIGHT TOA HEARING
Dale
Please provide mailing addr6ss if difierent from the tront side
SUBTIIT WRITTEN HEARING REQUEST, PAYMENT, OR REQUEST TO
ATTENO REPONSIBLE PET OWNERSHIP CLASS,
wlTHIN 20 DAYS, TO:
COLLIER COUNlY OOIESTIC ANI AL SERVICES
7610 Oavi! Blvd
llapl6, FL 341&a
(239) 252-7387
E VAL
{239) 281-5/'76
I{OTICE TO COMPLY (t{TC}: You must provrde proof of clmpliance within
15 days of rssuance to Collier Colnty Domestc Animat Services (DAS). at
lhe localion listod below, for violations of requirements lo license. vaccinate.
c€ase iethenng. andlor implementation of dangerous dog requircments.
Noticr(s) to Comply assued fo. vlolations of "Standards of Care must be
complied withan the time specifred on lhe ftonl of lhrs notrce. lf you tail to
provide proof ot compiiance to DAS by date on front of this notice (15 days rf
blank). the NTC will automatrcally become a cilation, you have 20 days afrer
the compliance due daie to seleci one of the citahon options below A
ptocaallng too must b€ pald to OAS, by due dato, for oach NTC i$u6d
for violations of liconsing and vaccination; failuis to pay the
procgs8ing fao(s) will r6ult in the NTC b€coming a cltation;
proca$ing feo(s) rnust b. p.id, in p...on, at OAS-
Signedr , '1 1- - '1
7.A.20.a
Packet Pg. 166 Attachment: CEEX20200003349-DASV20-006714 Nunez (12981 : CEEX20200003349-DASV20-006714 Nunez)
Sec. 14-35. - General violations.
1. lt shall be unlawful for the owner of an animal to allow or permit his or her animal:
A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has
been designated by the board as suitable for use by such animals, except for service animals as
defined in F.S. $ 413.08, or animals used by law enforcement officers or county ordinance
enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private
property without the expressed or implied consent, subject to zoning, of the owner or any lessee
of such private property.
C. To be upon public school grounds or public playground in the county, whether fettered or
unfettered, except for service animals as defined in F.S. 5 413.08.
D. To enter any building where food is stored, prepared, served or sold to the public, or any other
public building or hall; provided, however, that this provision shall not apply to service animals as
defined in F.S. $ 413.08, to public buildings used for animal shows or exhibitions, or to dogs used
for enforcement by any law enforcement officer or code enforcement officer.
E. To be upon private or public property so as to damage or destroy any property of another
including, but not limited to, the unprovoked biting, attacking, or wounding of another person's
animal(s) or thing of value.
F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, road
rights-of-way, sidewalks, or other property. A sanitary nuisance exists whenever the feces are not
immediately removed and properly disposed.
G. To chase, run after, or.jump at vehicles or bicycles using any road or road right-of-way.
H. To snap, growl, snarl,jump upon, or otherwise threaten persons lawfully using any road right-
of-way, persons lawfully on their own property, or persons lawfully on property of another with
permission of the owner or person in possession or control of the property.
l. lt shall be unlawful for the owner, or any caretaker of an animal or animals to allow the
animal(s), to bark, meow, whine, howl, or to make other sounds common to the species,
persistently or continuously for a period of 30 minutes or longer when the animal is not
contained within an enclosure sufficient to baffle loud noises and render them reasonably
u nobjectiona ble. This subsection shall not apply to animals maintained on land zoned for
agricultural purposes, nor shall it apply to a properly permitted animal shelter established for the
care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding
kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a
violation of this section when either the investigating officer has received, from at least two
unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to
the committing of a nuisance pursuant to such section or subsection, upon receipt of one
affidavit as described above accompanied with a photograph or video recording with indicia of
reliability as to date and time of the recording, or the citing officer has witnessed the commission
of such a nuisance. Affidavits attesting to the nuisance must come from residents within a three-
block radius (approximately 900-foot radius).
J. No owner or caretaker of an animal(s) shall permit the animal, either willfully or through failure
to exercise due care or control, to bite, attack or wound a human without provocation while such
7.A.20.a
Packet Pg. 167 Attachment: CEEX20200003349-DASV20-006714 Nunez (12981 : CEEX20200003349-DASV20-006714 Nunez)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 12982) DOC ID: 12982
Updated: 7/28/2020 11:50 AM by Elena Gonzalez Page 1
CEEX20200003357-DASV20-006715 Nunez
CASE NO: CEEX20200003357-DASV20-006715
OWNER: Marisela Nunez
OFFICER: Emmanuel Valdes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14,
Article II, Section 14-35(1)(B). Dog (“Gucci”) running at large.
FOLIO NO:
PROPERTY 1609 7th Ave, Immokalee, FL 34142
ADDRESS:
7.A.21
Packet Pg. 168
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
BOARD OF COUNry COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS.
MARISELA NUNEz, Respondent(s)
Office of the Special Magistrate
Case: CEEX20200003357-DASV20-00671 5
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 11:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: DAS Animal At Large//Road 14-35(1)(8)
LOCATION OF VIOLATION: 1609 7th Ave, lmmokalee, FL 34142
SERVED: MARISELA NUNEZ, Respondent
Emmanuel Valdes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
pLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34'104
(239) 252-2496 Telephone
Anyone who rcquires an auxiliary aid or service for effective communication, or olher reasonable accommodalions to participate in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 341'12, or (23S) 252-8380,
as soon as possible, but no tateithan 48 hours b;fore the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACtON: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angld tanpri vini avdk yon intdpret pou paE pou-ou
7.A.21.a
Packet Pg. 169 Attachment: CEEX20200003357-DASV20-006715 Nunez (12982 : CEEX20200003357-DASV20-006715 Nunez)
TI E OF OFFENSE
3:48 pm Slst-ta l\:74
LAST NA E
NUNEZ
FIRST i{AME I'IODLE
STREETADDRESS
1401 ORANGE ST
APT/LOT NO
CITY
IMMOKALEE
STATE
FL
PHONE
(239\ 281-5476
ooB PERSON IO
P100682
ANIXIAL NATE
GUCCI
sEx
N
TAG *
L19-010157
BiEEO
PIT BULL
COLOR
GRAY AND BR
AllMAt to
M44235
ANO OIO COMfIT THE FOLLOWNG OFFENSES
Tlii o o*, ,,. seCrns{{frel "' ' .FFENSE
LOCATION OF VIOLATIOT{
1609 7TH AVE
0zeX eoao ooo 3351
ANIMAL SERVICES CITATION
crrAroN No, V20-{r06715 cnse No A20-001414
DAIE OF OFFEXSE
03t25t2020
l
x3
IHE UNDERSIGNED OFFICER CERTIFIES N.iAT E/SHE HAS J
OFFICER'S COMMENTS/FACTS CONSTITUIING PROEABLE CAUSE
officer obsetuod doos ofi ownors orooedy runnrno at laroe on 1609 7th
AvsSecond Ofens6/ CtatDn
The violations listed on the front side of this form may
be satisriGd by complying with any Notice to Comply
roquirements and/or paying the penalty listed on the
front, unless a mandatory appearance is required.
INSTRUCTIONS
CITATION OPTIONS
I ha\€ been informed of the viohtion of whidr I ha\re b€on charged and elecl
th€ lollowing option.
I Pay the civil pemlty . You may pay the amount indicated on the ftont
sido oflhis citation with any cost ampoged by law wlthin 20 days of issuance
? Cont .t tho violation - You may cohtesl lhe violation by submittl
lvtitten request for a h€anng before the SDecial Magistrate wthin 20 oa
rs3uance ofthe c atron
f Attond a "Rggpongibls Pgt Ownership" courBo - ln lieu of paying the
civil penalty above you may be eligible lo attend a "Responsible Pet
Ownership" course. You will be responsible for any costs associated with
attending the c.urse. You must register and pay for the course wrthin twenty
(20) days of receipt of this cilation. By registering and paying for the couce
you waive your right to a hea ng to contest the violation and it constitutes an
admissaon of the vrolatiofl The course must be successfully compl€ted
within nanety (90) days of recaipt of this citation. Upon succ€ssfut
completion ofthe couBe. the civll penalty ryril bo waivcd. You may not make
an eleclion under this subseclion if you have successtully completed this
course wlhin lhe preceding twelve (12) months or the citation .equires a
mandatory appearanc! before the Specjal Magistrate You may make no
more than two (2) eleclons under this subsection. Successful coopletaon ot
the couBe does not con3titute a djsmissat of any violation.
Srgned g"1" - ,i.;.1 I ..,'
NO REASONABLE CAUSE TO SELIEVE ANO OOES BELIEVE THAT
THE NAMED PERSON(S) OR ENTITY HAS COMMITTEO THE
VIOLATION STATED AELOW
FORiIAL WRITIEN WARNING: No actjon necessary, unless you elecl 1o
conlest the violation violation will be recorded as a llrst offense
n9a
ys ol
TOTAL CIVIL PENALTY DUE $2O7.OO
IOTICE
This citatrcn is issued pursuant to Seclion E28 27 Ftonda Stalute The
violStion for which you are chargcd is a cNil rnfraclion your sonature on
this citatior does not constitute an admission of a violation. however. willtul
refusalto sign and accept this c ation is a misdemeanor of the 2nd degree,
punrshable as provkled in 775.0E2 or 775.083. F S
I UNDERSTAND THAT IF THE OECISION OF THE ISSUING OFFICER IS
AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE
RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING.
WHICH vvlLL NOT EXCEEO S5OO, PURSUANT TO COLLIER COUNTY
CODE OF LAWS ANO ORDINANCES 14.38 I UNDERSTANO THAT THAT
MY FAILURE TO PAY THE CIVIL PENALTY, FAILURE TO REOUEST A
HEARING, OR FAILURE TO ATTENO A REQUESTED HEARING W|LL
CONSTITUTE A WAIVER OF MY RIGHT rO N HCENIIC EIIOADDITIONAL FINES OR LEINS MAY B€ ENTEREO AGAINST ME IFURTHER UNDERSTANO THAT, tF ELtclBLE, r,lV eLECrtOt rOATTEND THE RESpoNSIBLE pET owNERsHrp counse wirnir.r rniTIME PERIOD STATE0 ON THtS NOTTCE W|LL COr,tStrrute e WervEn
OF MY RIGHT TO A HEARING
tL{..t<: ,!'r,Vl
Pl€ase provide marltng address if drfferent from the lront stde
SUB IT WRITTEN HEARI}{G REOUEST, PAYMENT. OR REOUEST TO
ATTENO REPONSISLE PET OWNERSI{IP ClASS,
WTHIN 20 OAYS, TO:
COLLIER COUNTY DOMESTIC ANIMAL SERV'CES
7610 Oavis Blvd
Naplos, FL 34r04
.239t 2s2-7387
E VALDES
NOTICE TO COIIIPLY (NTC): You must provide p.oof of complianc€ withm
15 days of rssuance lo Collier County Domestic Anrma SeNices {DAS) a1
the location listed below. for vrolations of requirements to license, vaconate,
cease lethering. and/or rmplementation of dangsrous dog requiremenls
Notrce(s) to Comply rssued tor vDlatrong ol Standards of Care" rnusl be
complied wrthin the time specified on the front of this nolic! It you fail 10
provide proof of compkance to DAS by date on front ofthis notrce (15 ftys rl
blank), the NTC wil automatically become a citatron, you have 20 days after
the compliance due date io select one of the citation options below A
procGsing feo musi b€ paid to DAS, by due dats, lor 6ach NTC i3su€d
for vlolation6 of lic€nsing and vacclnatlon; tailure to pay the
procosling feq3) will ru3ult in tho NTC bccoming a cilation;
procasrlng foo(s) must bo pald, in poBon, at OAS.
FORMAL \A/RITTEN WARNING
NOTICE TO COMPLY - COMPLIANCE REOUIREO BY:_
CITATION.IF NOT IN COMPLIANCE BY:
CITATION
MANDATORY COURT APPEARANCE
-sEE [itsTRUCTtOt{S ON BAC(S|De"
Sro.lature (ReciDient)
Shnatur6 (Ofic6.)
Print (Ofhcer)
DATE ISSUEO TIME ISSUEO
MARISELA
zl?
34142
PRICE
s207
7.A.21.a
Packet Pg. 170 Attachment: CEEX20200003357-DASV20-006715 Nunez (12982 : CEEX20200003357-DASV20-006715 Nunez)
Sec. 14-35. - General violations.
'1. lt shall be unlawful for the owner of an animal to allow or permit his or her animal:
A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has
been designated by the board as suitable for use by such animals, except for service animals as
defined in F.S. 5 413.08, or animals used by law enforcement officers or county ordinance
enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private
property without the expressed or implied consent, subject to zoning, of the owner or any lessee
of such private property.
C. To be upon public school grounds or public playground in the county, whether fettered or
unfettered, except for service animals as defined in F.S. 5 413.08.
D. To enter any building where food is stored, prepared, served or sold to the public, or any other
public building or hall; provided, however, that this provision shall not apply to service animals as
defined in F.S. S 413.08, to public buildings used for animal shows or exhibitions, or to dogs used
for enforcement by any law enforcement officer or code enforcement officer.
E. To be upon private or public property so as to damage or destroy any property of another
including, but not limited to, the unprovoked biting, attacking, or wounding of another person's
animal(s) or thing of value.
F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, road
rights-of-way, sidewalks, or other property. A sanitary nuisance exists whenever the feces are not
immediately removed and properly disposed.
G. To chase, run after, orjump at vehicles or bicycles using any road or road right-of-way.
H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right-
of-way, persons lawfully on their own property, or persons lawfully on property of another with
permission of the owner or person in possession or control of the property.
l. lt shall be unlawful for the owner, or any caretaker of an animal or animals to allow the
animal(s), to bark, meow, whine, howl, or to make other sounds common to the species,
persistently or continuously for a period of 30 minutes or longer when the animal is not
contained within an enclosure sufficient to baffle loud noises and render them reasonably
u nobjectionable. This subsection shall not apply to animals maintained on land zoned for
agricultural purposes, nor shall it apply to a properly permitted animal shelter established for the
care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding
kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a
violation of this section when either the investigating officer has received, from at least two
unrelated adult witnesses from different residences, a sworn affldavit of complaint attesting to
the committing of a nuisance pursuant to such section or subsection, upon receipt of one
affidavit as described above accompanied with a photograph or video recording with indicia of
reliability as to date and time of the recording, or the citing officer has witnessed the commission
of such a nuisance. Affidavits attesting to the nuisance must come from residents within a three-
block radius (approximately 900-foot radius).
J. No owner or caretaker of an animal(s) shall permit the animal, either willfully or through failure
to exercise due care or control, to bite, attack or wound a human without provocation while such
7.A.21.a
Packet Pg. 171 Attachment: CEEX20200003357-DASV20-006715 Nunez (12982 : CEEX20200003357-DASV20-006715 Nunez)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13029) DOC ID: 13029
Updated: 7/28/2020 3:51 PM by Elena Gonzalez Page 1
CEROW20190012591 Palomeque
CASE NO: CEROW20190012591
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Paved driveway entering the
County Right-of-way without any permit.
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
8.B.1
Packet Pg. 172
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMl\illSSlONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
ALEXIS PALOMEQUE, Respondent(s)
Case: CEROW20190012591
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a publac hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE:
VIOLATION:
LOCATION OF VIOLATION:
SERVED:
3299 Tamiami Trail East Bullding F, Naples, FL 3/.112
Right Of Way Permits 110-31(a)
4549 17th AVE SW, Naples, FL 34'l 16
ALEXIS PALOMEQUE, Respondent
John Fuentes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Maglstrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participale in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 341 12, or (239) 252-8380
as soon as possible, but no laler than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor kaiga su propio traductor
AVETISiTAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avdk yon intepret pou pald pou-ou.
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
8.B.1.a
Packet Pg. 173 Attachment: CEROW20190012591 (13029 : CEROW20190012591 Palomeque)
INSTR 5850836 oR 5746 PG 3596 RECoRDED 4/2/2O2O 11:34 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc s27.00
COLLIER COI'NTY CODE ENFORCEMENT
SPECIAL MAGISTR,A.TE
Case No. - CEROW2019001259I
BOARD OF COIINTY COMMISSIONERS
COLLIER COIJNTY, FLORIDA
Petitioner,
vs.
ALEXIS PALOMEQUE,
Respondent.
THIS CAUSE came
the Special Magistrate, having
Findings of Fact, Conclusions
R C6
on February 7,2020, ar,d
matterso hereupon issues her
as follows:
subject real property located at4549Respondent,
17rH Avenue
ALEXIS
SW, Naples, F
2. Respondent was duly notified of the date of hearing by certified mail and posting but did not
appear at the hearing.
3. The subject real property owned by Respondent is in violation of the Collier County Code of
Laws and Ordinances, Chapter I l0 Roads and Bridges, Article II, Construction in Right of Way,
Division [, Generally, Section I l0-3 1(a) in the following particulars:
Paved driveway entering the County Right-of-way without any permit.
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. 07-44, as amended,
IT IS IIEREBY ORDERED:
.\:\,
1.
8.B.1.a
Packet Pg. 174 Attachment: CEROW20190012591 (13029 : CEROW20190012591 Palomeque)
oR 5746 Pc 3597
A. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances,
Chapter 110 Roads and Bridges, Article II, Construction in Right of Way, Division I, Generally,
Sectron ll0-31(a).
B. Respondent is ordered to pay operational costs in the amount of $111.70 incurred in the
prosecution of this case on or before March 7,2019.
C. Respondent is also ordered to abate the violation by obtaining all required Collier County
Right-of-way permits, request all related inspections through final approval, to either permit the
unpermitted right-of-way or to remove all unapproved offending materials from the right-of-way
on or before March 7,2020 or a fine of $100.00 per day will be imposed until the violation
has been abated.
D. Respondent must notifu 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 Respondent fails to abate County may abate the violatron using
DONE AI\D ORDERf,D on
any method to bring the
County SherifPs Offrce
assessed to the property
to the provisions of
the assistance of the Collier
and all costs of abatement shall be
Collier County, Florida.
CODE ENFORCEMENT
lrj d,.
C.
PAYMENT OF FIITIES: 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 thirly (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 transcnbed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
vco
l, CrystalK County
d.and conect
copy,0f
Date
By Clerk
\at
8.B.1.a
Packet Pg. 175 Attachment: CEROW20190012591 (13029 : CEROW20190012591 Palomeque)
*** oR 5746 PG 3598 ***
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 o?5 day of February, 2020 to Respondent, Alexis
Palomeque, 454917'b Ave SW, Naples, Fl 34116.
Code
Jt !
\+
ffi {,1
8.B.1.a
Packet Pg. 176 Attachment: CEROW20190012591 (13029 : CEROW20190012591 Palomeque)
vs.
COI,LIER COI NT\', FLORIDA
CODE EN FORCE}I ENT BOARD
CEB CASE NO. (-ERO\\:OI9OOI259I
COLLIER COUNTY
BOARD OF COUNTY COMIv{ISSIONERS. Petitioner
PALOMEQUE. ALEXIS. Defendant(s)
AFFIDAVIT OF NON-COM PLIA\-CE
STATE OF FI,ORIDA
COTJNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared John Fuentes. Code Enlbrcement Ofticial tbr the Code
Enforcement Board of Collier County. who after being fully s\r'orn, deposes and say's:
That on February 07,2020, the Code Enforcement Board held a hearing and issued an Order in the
above-styled matter and stated that Defendant(s) was to [j as stated in the Order recorded in thc. public
records of Collier Counq,. Florida in OR BookflflPGSSTb
2. That the respondent did not contact the investigator.
3. That a re-inspection was perforrned on April 7th. 2020
1. That the re-inspection revealed that the corrective aclion ordered b1 the Code EnforcemL.nt Board u'as not in
compliance with the following conditions: Non Compliant due to the Pavers entering the County Righr Of
way without pernrits.
FURTHER AFFIANT SAYETH NOT
DATED this 7th day of APril. 2020
COLLIER COUNl'Y. F LORIDA
CODE ENFORCEMENT BOARD
Futt*z
Fuentes
Code Enforcement Offi cial
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me by means of fny'sicatpresence or - online notarization.
this J day of fi frt /,20).!by John Fuentes
(Signature of Notary
(Print/Type;Stamp Comnrissioned Nanre r'rf Notarl' Public)
Personally known !
.rRY PL,e ELENAM @NZAIEZs\i:,}t commMonf GG 3i7714tffii;ffi#U*..
8.B.1.a
Packet Pg. 177 Attachment: CEROW20190012591 (13029 : CEROW20190012591 Palomeque)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13030) DOC ID: 13030
Updated: 7/28/2020 3:54 PM by Elena Gonzalez Page 1
CEV20190010688 Palomeque
CASE NO: CEV20190010688
OWNER: Alexis Palomeque
OFFICER: John Fuentes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). More than forty percent (40%) of the front
yard has been paved.
FOLIO NO: 35769920001
PROPERTY 4549 17th Ave SW, Naples, FL 34116
ADDRESS:
8.B.2
Packet Pg. 178
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
VS,
ALEXIS PALOMEQUE, Respondent(s)
Case: CEV20l900'10688
NOTICE OF HEARING
RE: MOTION FOR IMPO SITION OF FINES/LIENS
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magastrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requrres an auxiliary aid or service for effective communication, or olher reasonable accommodations to parlicipale in this proceeding,
should contact the Collier County Facilities lllanagement Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 341 12, or (239) 252-8380,
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodalions will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idroma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio tracluctor
AVETISIIIAN: Tout odisyon yo fdt an angld. Nou pan gin mouo pou fe tradiksyon. Si ou pa pald angE tanpri vini avek yon intdprdt pou pate pou-ou.
PLEASE TAKE NOTICE that Pursuant to Section '162.06 and 162.12, Florida Statutes, and Colller County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Offlce of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Residential Parking - Single Family 4.05.03(A)
LOCATION OF VIOLATION: 4549 17th AVE SW, Naples, FL
SERVED: ALEXIS PALOMEQUE, Respondent
John Fuentes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
8.B.2.a
Packet Pg. 179 Attachment: CEV20190010688 Palomeque (13030 : CEV20190010688 Palomeque)
INSTR 5850837 oR 5746 PG 3599 RECoRDED 4/2/2O2O l-1-:34 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLTER COI]NTY CODE EI\TFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEV20190010688
BOARD OF COT]NTY COMMISSIOII"ERS
COLLIER COI]NTY, FLORIDA
Petitioner,
vs.
ALEXIS PALOMEQUE,
Respondent.
THIS CAUSE came for on February 7,2020, and,
the Special Magistrate, having matters, hereupon issues her
Findings of Fact, Conclusions as follows:
ALEXIS subject real property located at4549
SW, Naples,
Respondent was duly notified of the date of hearing by certified mail and posting but did not
appear at the hearing.
The subject real property owned by Respondent is in violation of the Collier County Land
Development code 04-41, as amended, Section 4.05.03(A), in the following particulars:
More than forty per cent (40%) of the front yard has been paved.
The violation was not abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusrons of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS EEREBY ORDERED:
A' Respondent is found guilty of violation of the Collier County Land Development Code 04-4I, as
amended, Section 4.05 03(A),
1 Respondent,
17rH Avenue
2
3
4.
I
I
8.B.2.a
Packet Pg. 180 Attachment: CEV20190010688 Palomeque (13030 : CEV20190010688 Palomeque)
oR 5746 PG 3600
any method to bring the
County Sheriffs Office
assessed to the property
B. Respondent is ordered to pay operational costs in the amount of $111.70 incurred in the
prosecution of this case on or before March 7 ,2019.
C. Respondent is also ordered to abate the violation by limiting the designated parking to 40% of the
required front yard area, as well as limiting the area to a stabilized subsurface base or plastic grid
stabilization system covered by surface areas made of concrete, crushed stone, crushed shell,
asphalt, pavers or turf parking system specifically designated for parking of automobiles on or
before March 7,2020 or a fine of $100.00 per day will be imposed until the violation has been
abated.
D. Respondent must noti$r 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 Respondent fails to abate the violation as ordered, the County may abate the violation using
may use the assistance of the Collier
DONE AND ORDERED on
violation
to
9ored
and all costs of abatement shall be
Collier County, Florida.
ENFORCEMENT
I
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, tax# (239)252-
2343. Ary 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 thi(y (30) days of the executron 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 hearrng from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
copy of
Clerk
8.B.2.a
Packet Pg. 181 Attachment: CEV20190010688 Palomeque (13030 : CEV20190010688 Palomeque)
*** oR 5746 PG 3601 ***
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 4 day of March, 2A20 to Respondent, Alexis Palomeque,
454917n' Ave SW, Naples, FL 34116.
Code Enforcement Offi cial
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8.B.2.a
Packet Pg. 182 Attachment: CEV20190010688 Palomeque (13030 : CEV20190010688 Palomeque)
vs.
(IOLLIER COl. r-'!'Y, FI.ORIDA
CODE ENFORCE}IE\T BOARD
cEB CASI \O. CE\',20r900r0688
COLLIF-R COTJNTY
BOARD OF COUNTY COMIv{ISSIONERS, Petitioner
PALOMEQUE. ALEXI S. Defendant( s)
AFFIDAVIT OF NO\-COM PLIAN(]E
STATE OF FLORIDA
COLNTY OF COLLIER
BEFORE ME. the undersigned authority, personally appeared John Fuentes. Code Enforcentent Otllcial tbr the Code
Enforcement Board of Collier County. who after being fully sworn. deposes and says:
That on Februarl' 07.2020. the Code Enforcement Board held a hearing and issued an Order in the
above-styled matler and stated that Defendant(s) uas to [] as statcd in the Order recorded in tlie public
records of Collier County. Florida in OR Bookf/6Pctlfr
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on April 7th 2020.
4. That the re-inspection revealed that the conective action ordered by the Code Errfbrcement Board was nol ir.l
compliance with the following conditions: Non Compliant lbr not rernoved the excessive amount of parers
which exceed 40% of property owners tiontage.
FURTHER AFFIANT SAYETH NOT
DATED this 7rh day of April. 2020.
COLLIER COT]NTY. FI-ORIDA
CODE ENFORCEMENT BOARD
fiitzfu,o
John
Code Errforcement Oftlcial
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me b1 means of
this 7 day of 47 ., / ,20pby John Fuentes
(Signature
(PrintiType/Stamp Commissioned Name of Notary Public)
Personally known !
presencc or _ onlinc notarization./nyri"at
;ffi
EIf}{AMGONZALEZ
Commission # G; 3Ci714
Eg&osMatcltl, rl23
hoDU8{dr.liot rsr,E
8.B.2.a
Packet Pg. 183 Attachment: CEV20190010688 Palomeque (13030 : CEV20190010688 Palomeque)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13031) DOC ID: 13031
Updated: 7/28/2020 3:56 PM by Elena Gonzalez Page 1
CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC
CASE NO: CESD20190007418
OWNER: UOOLIGAN NAPLES MANOR RE LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(a). A 1,351 square foot wooden
structure was built on the subject property without first
obtaining a valid Collier County permit.
FOLIO NO: 62150200002
PROPERTY 11163 Tamiami Trail E, Naples, FL 34113
ADDRESS:
8.B.3
Packet Pg. 184
CODE ENFORCEMENT. COLLIER COUNW, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
vs.
Case: CESD20'l 9000741 I
UOOLIGAN NAPL S MANOR RE LLC , Respondent(s)
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Building Permit 10.02.06(B)(1Xa)
LOCATION OF VIOLATION: 'l 1163 Tamiami TRL E, Naples, FL 34113
SERVED: UOOLIGAN NAPLES MANOR RE LLC, Respondent
Jonalhan Musse, lssuing officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents wall consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered af not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER AOVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communicalion, or other reasonable accommodations to parlicipate in this proceeding,
should contact lhe Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 341 12, or (239) 252 8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodations will be provaded at no cosl lo the
individual
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de este evento. Por favor lraiga su propio traduclor
AVETISI$AN: Tout odisyon yo fdt an angb. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angle tanpri vini avek yon inlepret pou pale pou-ou.
8.B.3.a
Packet Pg. 185 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
INSTR 5800355 oR 5703 PG 2483 RECoRDED l2/9/2OL9 9:35 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLTER COUNTY FLORIDA
REc $35.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD20190007418
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, TLORIDA
Petitionero
vs.
UOOLIGAN NAPLES MANOR RE LLC,
Respondent.I{ Cg l,r
THIS CAUSE came
the Special Magistrate,
Findings of Fact, Conclusions
on November l, 2019, and
matters, hereupon issues her
as follows
al. Respondent,UOOLIGAN the owner of the subject real
34113, Folio No. 62150200002property located at 1 1 163
Respondent was 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 mafters
and was accepted by the Special Magistrate.
The subject real property owned by Respondent is in violation of the Collier County Land
Development Code 04-41, as amended, Section 10.02.06(BX I )(a) in the following particulars:
A 1i351 square foot wooden structure was built on the subject
property without {irst obtaining a valid Collier County permit.
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 hereby
ORDERED:
2
4
5
8.B.3.a
Packet Pg. 186 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
oR 5703 PG 2484
A. Respondent is found guilty of violation of the Collier County Land Development Code 04-41, as
amended, Section I 0.02.06(BX I Xa).
B. Respondent is ordered to pay operational costs in the amount of $111.70 incurred in the
prosecution of this case on or before December 1,2019.
C. Respondent is also ordered to abate the violation by obtaining all required Collier County
approvals, a building permit or a demolition permit, inspections and a Certificate of Completion/
Occupancy for the wooden structure on or before May I , 2020 or a fine of $ 100.00 per day will
be imposed until the violation has been abated.
D. Respondent must notify the Code Enforcement Division within 24 hours of abatement of the
violation and request the lnvestigator perform a site inspection to confirm compliance.
E. If the Respondent fails to abate the violation as ordered, the County may abate the violation using
any method to bring the
County Sheriff s Office
assessed to the property
violation
to
use the assistance of the Collier
and all costs of abatement shall be
DONE AI\D ORDERED on Collier County, Florida.
ENFORCEMENT
TE
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 thirry (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.
Y C/.
Collior County
and conect
Clerk
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8.B.3.a
Packet Pg. 187 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
oR 5703 PG 2485
*to
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
VS.Case No. CESD201 9000741 I
Uooligan Naples Manor RE LLC
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Yashira Miranda, on behalf of Uooligan Naples Manor RE LLC, enters into this
Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case)
number CESD2O19OOO7418 dated the 25th day of July, 2019.
This agreement is subject to the approval of the Special Magistrate. lf it is not approved, the case may be
heard on the scheduled Hearing date,
representative attend the Hearing.
recommended that the respondent or
ln consideration of the disposition and in said Notice(s) of Violation for which
a hearing is currently scheduled for N in the administration of the code
enforcement process; and to
parties hereto agree as follows1) The violations noted in the
and that I have been properly notifi
THEREFORE, it is agreed between
or Representative (print)
a
B.CO
of the matters outlined therein the
and I stipulate to their existence,
n of this case within 301) Pay operationalcosts in the
days of this hearing.
2) Abate all violations by:
of $111.70 incu
Obtaining all required Collier County Permit(s) or Demolition Permit, inspections,
and Certificate of Completion for the re 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 lnvestigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during lhe workweek. lf the violation is abated 24 hours prior to a Saturday, Sunday or legal
holiday, lhen 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
toe the provisions of this ag reement and all costs of abatement shall be assessed to the property
Representative (sign)J , Supervisor
Ossorio, Director
Code Divis
I
atir
of the
19; to prom20
i
I'
Date
\o llo \rq
.rdrrtD
Date
io ?o
REV 3-29-16
8.B.3.a
Packet Pg. 188 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
*** OR 5703 PG 2486 ***
CERTIFICATE OF SERVTCE
I HEREBY CERTIFY that a true and corect copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this 20 day of November, 2019 to Respondent Uooligan
Naples Manor RE LLC, I 1 163 Tamiami Trail E, Naples, FL 341 l3
Code Enforcement Official
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8.B.3.a
Packet Pg. 189 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
COLLI ER COUNTY. FLORI DA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO. CESD2OI9OOOT{I8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS. Petitioner
vs.
UOOLICAN NAPLES MANOR RE LLC. Det-endant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME. the undersigned authority. personally appeared Jonathan Musse. Code Enforcement Oflrcial for the
Hearing before the Special Magistrate of Collier County. who after being fllll, s\\'onr. deposes and say's:
That on November 01.2019. the Special Magistrate held a hearing arrd issued an Order in the abore-stlled
matter and stated that Defendant(s) was in violationn as stated in the Order of the Special Magistrate rccorded
in the public records of Collier County. Florida in OR Book 5703 PG 1,183.
2. That the respondent did not contact the inlestigator
3. That a re-inspection was perlbrmed on May l4th, 2020.
That the re-inspection revealed that the corrective action ordered b1 the Special Magistrate was rrot in compliance
with the following conditions: Violation remains. owner has not reactivated the perrnit lbr the unpernritted structure
FURI'HER AFFIANT SAYETH NOI"
DATED this l4th day of May.2020
COTJNTY. I.t-ORIDA
OF THE SPECIAL MAGISTRATE
J U SSC
Code ent Official
ELENA M rcNZTLEZ
Commission I GG 307714
Expires Mardttl,2O23
80d.d Ihru &rdsa t{oErsrrti
(or affirmed) and subscribed before me by means of /physical presence or online notarization
this ltl day of May. 2020 by Musse
STATE OF FLORIDA
COL]NTY OF COLLIER
Swom to
(Signature of r);#
(Print/Type/Stamp Commissioned Name of Notary
Public)
Personally known r/
8.B.3.a
Packet Pg. 190 Attachment: CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC (13031 : CESD20190007418 UOOLIGAN NAPLES MANOR RE LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13032) DOC ID: 13032
Updated: 7/28/2020 3:57 PM by Elena Gonzalez Page 1
CEV20190011511 Farrington
CASE NO: CEV20190011511
OWNER: Tod Farrington and Jennifer Farrington
OFFICER: Daniel Hamilton
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95 and 130-96(a). Multiple
inoperable/unregistered vehicles, boat trailers and a recreational
travel trailer are being stored on the property.
FOLIO NO: 1134000001
PROPERTY 220 Old Train LN, Copeland, FL 34137
ADDRESS:
8.B.4
Packet Pg. 191
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNry COMMISSIONERS.
COLLIER COUNTY, FLORIDA, P|aintiff,
Case: CEV20'19001'151 1
VS
TOD FARRINGTON & JENNIFER FARRINGTON, Respondent(s)
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 Al\il
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Unlicensed/lnoperable Vehicles '130-95 and 130-96(a)
LOCATION OF VIOLATION: 220 Old Train LN, Copeland, FL 34137
SERVED: TOD & JENNIFER FARRINGTON, Respondent
Daniel Hamilton, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, wilnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordanance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communicalion, or other reasonable accommodations to participale in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 1Oi, Naples, Ftorida 341 12, or (239) 252-8380,
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to lhe
individual.
NoTlFlcAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en ta audiencia y usted sera
responsable de proveer su propio lraductor, para un mejor entendimienlo con las comunicaciones de este evenlo. Por favor traiga ;u propio traductor.
AVETISMAN: Toul odisyon yo fdt an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pa16 angte tanpri vini avek yon intdprdt pou pal6 pou-ou
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
8.B.4.a
Packet Pg. 192 Attachment: CEV20190011511 Farrington (13032 : CEV20190011511 Farrington)
rNsTR 581_8416 oR 571-9 PG 729 RECoRDED L/22/2O2O l-1-:29 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COTINTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. {EV2019001 151 1
BOARD OF COT]NTY COMMISSIOI\ERS
COLLIER COUNTY, FLORIDA,
Petitioner,
TOD FARRINGTON ANd JENNIFER FARRINGTON'
Respondents.RCO
THIS CAUSE came
respective to all appropriate
ofthe Special Magistrate, as
vs.
onJanuary 3,2020,and
evidence and heard argument
of Law and Order
I. Respondents, TOD are the owners of the
subject property located at FL34137, Folio #l 134000001
Respondents were duly notified of the
not appear at the public hearing.
by certified mail and posting, but did
The real property owned by Respondents is in violation of Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95 and Section 130-96(a) in the following
particulars:
Multiple inoperable/unregistered vehicles, boat trailers and
a recreational travel trailer are being stored on the property.
5. The violation has not been abated as ofthe date ofthe public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
2.
J
on
the Special Magistrate, having
8.B.4.a
Packet Pg. 193 Attachment: CEV20190011511 Farrington (13032 : CEV20190011511 Farrington)
oR 5719 PG 730
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 130, Article III, Section 130-95 and 130-96(a) by storing multiple inoperable/
unregistered vehicles, boat ffailers and a recreational travel trailer on their property.
B. Respondents are ordered to pay operational costs for the prosecution ofthis case in the amount of
$111.70 on or before February 3,2020.
C. Respondents are ordered to abate the violation by repairing any defects to all vehicles so they are
immediately operable and register said vehicles for operation, or store said vehicles within a
completely enclosed structure, or remove offending vehicles from the residentially zoned area on
or before January 10, 2O20 or a fine of $50.00 per day will be imposed for each day the
violation remains.
D. Respondents shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance so that a final inspection may be performed by Code Enforcement to confirm
compliance.
E. If Respondents fail to complY County Code Enforcement Division
may abate the violation
the County may request
into compliance. If necessary,
Office for the purpose of
accessing the property of this Order. A1l costs of
abatement shall be a lien on the property,
DONE AND ORDERED County, Florida.
ENFORCEMENT
TE
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
Counry 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
wittri. tt lrty (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 ofthe hearing from the C lerk of Courts.
stay the Special Magistrate's Order i!,'i,g .
b.
'o
l. Cqstsi K. Krnzel, Clerk for
0.
and to enforce the
of the Collier
SPECIAL
Filing an Appeal will not automatically
do ceftry thal the ry
J
f I
\:r
/jr (
8.B.4.a
Packet Pg. 194 Attachment: CEV20190011511 Farrington (13032 : CEV20190011511 Farrington)
*** oR 5719 PG 731 ***
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 l3 day of January,2020 to Respondents, Tod Farrington
and Jennifer Farrington,PO Box 645, Everglades City, FL 34139
Code Official
ia
I
tt f,lO
&.ft
8.B.4.a
Packet Pg. 195 Attachment: CEV20190011511 Farrington (13032 : CEV20190011511 Farrington)
COLLIER COI. NT\', FLORIDA
OFFICE OF THE SPECIAL }IAGIS'I'RATf
osNt cAsE \o. cE\'20t9001t5t I
COLLIER COUNTY
BOA RD OF CO U NTY COIv{ivl I SSION ERS, Petitioner
vs.
F'.qRRINGTON. TOD & JENNIFER. Deterrdant(s)
AFFI DAV IT' OF NON.C:OM PI,I AN(]E
STA'TE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME. the undersigned authoril). personally appeared Daniel Harnilton. Code L,nforcement Official for the
Hearing before the Special Magistrate of Collier County. who after being tully sworn. deposes and says:
That on January 03. 2020. the Special Magistrate held a hearing and issued an Order in the above-stvled
matter and stated that Defendant(s) was to abate the violation as stated in the Order of the Special Magistrate
recorded in the public records of Collier County. Florida in OR Book 5'719 PG 729.
2. That the respondent did not contact the investigator.
i. That a re-inspection was perforrned on February 1,1. 2020.
That the re-inspection revealed that the corrective action ordered by the Special Magistrate *as not in compliance
with the following conditions: none
FLJRTHER AFFIANT SAYETH NOT
DATED this 3l st day of March. 2020.
COLL I ER COUtr'TY. F LORI DA
HEARING OF THF- SPECIAI- MAGISTRATE
3a4r4/ ry'arrub,o
Daniel Hamilton
Code Enforcement Offlcial
STATE OF FLORIDA
COUNTY OF COLLIER
./
Srvorn to (or aflirmed) and subscribed before me by rneans of l.fphl'sical presence or online notarizarion.
this I day of l.la .cA ,2020 by Daniel Hamilton
(Signature of Notary ic)
(PrintzTypeiStamp Commissioned Narne of Notary Public)
Personally known l
,;ffi:ELE'{A M GONZATEZ
Commisrion I GG 307714
Erpires i,ler$ 1, 208
3cta.d llfl, tuqa)a-, sihrl
8.B.4.a
Packet Pg. 196 Attachment: CEV20190011511 Farrington (13032 : CEV20190011511 Farrington)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13033) DOC ID: 13033
Updated: 7/28/2020 4:31 PM by Elena Gonzalez Page 1
CEROW20180011261 KEYESTONE REAL EST HOLDINGS
LLC
CASE NO: CEROW20180011261
OWNER: KEYESTONE REAL EST HOLDINGS LLC
OFFICER: Latoya Thompson
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110,
Article II, Section 110-31(a). Brick pavers and parking stops,
creating parking spaces, were placed in the County Right-of-
way without obtaining required Collier County permits.
FOLIO NO: 70721440005
PROPERTY 3135 Terrace Ave, Naples, FL 34104
ADDRESS:
8.B.5
Packet Pg. 197
CODE ENFORCEMENT - GOLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
vs.
Case: CEROW2018001 1 261
KEYESTONE REAL EST HOLDING LLC , Respondent(s)
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07 44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, tame, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: ROW 1 10-31(a)
LOCATION OF VIOLATION: 3135 Terrace AVE, Naples, FL 34104
SERVED: KEYESTONE REAL EST HOLDING LLC, Respondent
Latoya Thompson, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, watnesses and/or
evidence to be relied upon for the testimony given at the hearing. Oocuments will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239\ 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations lo participate in this proceeding,
should contact the collier county Facilities Managemenl Division, tocated at 3335 Tamiami Trait E., suite 1ol, Naptes, Ftorida 34112, or (239) 25,-8380
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NoTlFlcAclON: Esta audiencia sera conducida en el idioma lngles. Servicios the kaduccion no seran disponibles en ta audiencia y usted seraresponsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de esle evento. por favor traiga su propio lraductor.
AvETlstiAN: Tout odisyon yo fdt an angle. Nou pan gin moun pou fe lradiksyon. Si ou pa pate angtd tanpri vini avek yon intepret pou pate pou-ou.
8.B.5.a
Packet Pg. 198 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
INSTR 5756199 oR 5665 PG 1-933 RECoRDED 8/2L/2019 4:46 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRAIE
Case No. - C8ROW20180011261
BOARD OF COLINTY COMMISSIOIIERS
coLLmR CoIINTY, trLORIDA,
Petitioner,
vs.
KEYESTOITE REAL ESTATE
Respondents.
the Special Magistrate,
respective to all appropriate
ofthe Special Magistnate, as
I
on August 2,2019, and
and heard argument
Conclusions of Law and Order
l. Respondenl KEYESTOI\IE REAL r r.C, is the owner ofthe subject
prope4y, located at 3135 Terrace Avenue, Naples, Florida 34104, Folio No. 7O72L44OOO5.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction ofthis matter
3. Respondent having been duly notified, did not appear and did not have a representative at
the public hearing.
4 - RelPondgnt's property is in violation of Collier Count5r Code of Laws and Ordinances, Chapter
I10, Article II, Construction in Right of Way, Division l, Section 110-31(a) in the foliowing
particulars:
Brick pavers and parking stops, creating parking spaces, were
{aga in the County right of way withouf obtaining required
Collier County permits.
I
5' The violation had not been abated as ofthe date ofthe public hearing.
hereupon issues its of
C)I
THIS CAUSE came on
8.B.5.a
Packet Pg. 199 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
oR 5665 PG 1934
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter l62,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
1 10, Article II, Construction in Right of Way, Division I , Section I l0-3 I (a) for constructing
parking spaces in the County right of way without the proper permit.
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$f 11.95 on or before September 2,2019.
C. Respondent must abate the violation by obtaining the required Collier County Right of Way
Permit or a Demolition Permit Inspection(s), and Certificate of Completion/Occupancy for the
parking spaces orremove all
September2,2019 or a fine
remains thereafter.
restore the right ofway on or before
of for each day the violation
D. Respondent shall notif 24 hours ofabatement or
compliance.compliance so that a
E. If Respondent fails to Enforcement Division
may abate the compliance. If necessary,
the Countymay Office for the purpose of
accessing the property
properly.
be assessed against the
DONE AIID ORDERED this Collier County, Florida.
IRilC
of Courts in and for Colliel County
COLLMR COUNTY CODE ENTF'ORCEMENT
SPECIAL MAGISTRATE
is a hue and conect
Flodda
Deputy Cle*
C.
Any fines ordered to be paid pursuant to this ordermay be paid at the Collier
Division, 2800 North Horseshoe Drive,Naples, FL34104, phone # Q39)252-.net- Any release of lien or confirmation of compliance or confirmation of thesatisfaction ofthe obligations of this order may also be obtained at this location.
2440,or www,
All costs
AP' P.EAIr: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Courtwithin {1ry fiol days of the execution of the order appealed. An appeal shJl not be a hearing de novobut shall be limited to appellate reviey of the r""ord creared *itirin the original h;; It is theresponsibility of the appealrtg pqty to obtain a transcribed record of the hearing E * the Clerk of Courts.Filing an Appeal will not automatically stay the special Magistrate;; o.der.
H
8.B.5.a
Packet Pg. 200 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
*** oR 5665 PG 1935 ***
I HEREBY CERTIFY that a true and cor€ct copy ofthis ORDER of the SPECIAL MAGISTRATE
has been sent by U. S. Ulail thrs l0 day of August 2019 to the following:
KEYESTONE REAL ESTAIE EOLDINGS, LI,C
3710 Prospect Avenue
Naples, Florida34t04
Offrcialt{ {l
\
i
-Yk-rt\
..?
II:(_
8.B.5.a
Packet Pg. 201 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
CO LLIER COUNTY, FLORJDA
OFFICE OF THE SPECIAL MAGISTR{Tf,
osM cAsE No. cERow20t800l l26l
COLLIER COTNTY
BOARD OF COUNTY COMMISSIONERS. Petitioner
vs.
KEYESTONE REAL EST HOI.DING LLC, Defendant(s)
AFFIDAVIT OF NON.COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authorit)'. personally appeared Michele Mcgonagle, Code Enforcement Official for
the Hearing before the Special Magistrate of Collier County. who after being fully sworn. deposes and says:
That on August 02, 2019, the Special Magistrate held a hearing and issued an Order in the above-styled
matter and stated that Defendant(s) was to obtain required Collier County Right of Way Permits and
Certificate of Completion tbr pavers and parkingspaces in the counfy right of way as stated in the Order of
the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 5665 PC 1933 .
2. That the respondent did not contact the investigator
3. That a re-inspection was performed on September 4, 2019
That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance
with the following conditions: pavers and parking spaces in the county right of way have not been perrnitted
ITURTHER AFFIANT SAYE'|H NOT
DATED this I4th day of October, 2019
COLLIER COLNTY, FLORIDA
HEARING OF THE SPECIAL MAGISTRATIl
M
Code Enforcement Ofllcial
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and before me this l4th day of October, 20 t9 by Michele Mcgonagle
Public)
(PrinUType/Stamp Commissioned Name of Notary public)
Personally known i
S.f].'..r% ELEi\tAMGONZAIZ
LWr#ffid,#
tn ,-.11, \n'A,q../-=
8.B.5.a
Packet Pg. 202 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
COLLI ER COUNTY. FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
osM cAsE rio. cERow2ot800t l26t
COI,I,IER COT]NTY
BOARD OF COUNl'Y COMMISSIONERS. Petitioner
vs.
KEYESTONE REAL EST HOLDINC LLC. Det-endant(s)
AFFI DAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME. the undersigned authorit). personallv appeared l-ato1'a Thompson. Code Enforcenrent Ollcial fbr the
Hearing before the Special Magistrate of Collier Coung. uho after being full,v., s\\orn. deposes and sa1,s:
I . That on August 02. 2019. the Special Magistrate held a hearing and issued an Order in the above-styled maner
and stated that Defendant(s) was to abate all violations as stated in the Order of the Special Magistrate recorded
in the public records of Collier counrl. Florida in oR tsook 5665 pG rg33
2. That the respondent did contact the invesri!,ator
3. That a re-inspectiorr w'as perfornred on June 30. 2020.
1 That the re-inspection(s) revealed that the corrective action ordercd b1 the Special Magistrate rvas in compliance
by June l'7 .2020.
FI.RTHER AFFIANT SAYE'I'H NOI'
DATED this 30 day of June 2020.
COLLIER COUN]'Y. FLORIDA
INC OF SPECIAL MAGISTRA'T'E
Offic
STATIT OF FLORIDA
COUNTY OF CO[,I,IER
Sworn to (or affirmed) and subscribed before me br nreans of '(nysirul presence or -. online notarization.
this o[ day of tul | .202.pby Latola Thornpson
.U .r.'t.-'lC
Lffi"
(Signature of Notary )
ELENAM GONZT.L:Z
Commission # GG 3u17714
Expires Mardr 4, 2C23
Boodcd nru 8'rgd ffoalT S..Yi>s
(Print.'Type/Stamp C
Personalll known r
ommissioned Name of Notary public)
8.B.5.a
Packet Pg. 203 Attachment: CEROW20180011261 KEYESTONE REAL EST HOLDINGS LLC (13033 : CEROW20180011261 KEYESTONE REAL EST HOLDINGS
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13034) DOC ID: 13034
Updated: 7/28/2020 4:00 PM by Elena Gonzalez Page 1
CEPM20180009429 LAKEVIEW LOAN SERVICING LLC
CASE NO: CEPM20180009429
OWNER: LAKEVIEW LOAN SERVICING LLC
OFFICER: Stephen Athey
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(i), 22-231(9), 22-231(11), 22-
231(2), 22-236 and 22-231(19). Dangerous/hazardous structure
with multiple Property Maintenance violations.
FOLIO NO: 67492880004
PROPERTY 4411 Rose Ave, Naples, FL 34112
ADDRESS:
8.B.6
Packet Pg. 204
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVIISSIONERS, Case: CEPM20180009429
COLLIER COUNTY. FLORIDA, Plaintiff,
VS
NOTICE OF HEARING
RE:FOR IMPOSITION OF F INES/LIENS
PLEASE TAKE NOTTCE that Pursuant to Section 162.00 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341'12
V|OLATION: Windows/Exterior Doors - Dwelling 22-231(12)(i), 22-231(9), 22-231(1 1), 22-231(2\, 22-
236 and 22-231 (19\
LOCATION OF VIOLATION: 441 1 Rose AVE, Building, Naples, FL 341'12
SERVED: LAKEVIEW LOAN SERVICING LLC, Respondent
Stephen Athey, lssuing Officel
RESPONDENTS ARE REQUIREO TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodalions to participate in this proceeding,
Shoutd contact the Collier County Facililies [Ianagement Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cost to lhe
individual.
NOTIFICAC|ON: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio kaductor.
AVETISMAN: Tout odisyon yo fet an angb. Nou pan gin moun pou fe tradiksyon. Si ou pa pa16 angld tanpri vini avdk yon intdprdt pou pal6 pou-ou.
LAKEVIEW LOAN SERVICING LLC, RESPONdENT(S)
8.B.6.a
Packet Pg. 205 Attachment: CEPM20180009429 LAKEVIEW LOAN SERVICING LLC (13034 : CEPM20180009429 LAKEVIEW LOAN SERVICING LLC)
rNSTR 5600919 oR 5543 PG 3815 RECoRDED 8/L6/2OL8 4:L3 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COT]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPI[20180009429
BOARD OF COIINTY COMIilSSIONERS
COLLTER COTJNIY, FI.ORIDA,
Petitioner,
vs.
WALTER P. I,AITDRI]M A}ID CHARLOTTE LAhIDRf'M,
Re,spondents.
THIS CAUSE came on for
the Special Magistrate, having
respective to all appropriate
Magistrate, as follows:
Magisrate on August 3, 2018, and
evidence and heard argument
Fact and Order of the Special
n r{
l. Respondents, Walter and Charlotte owners ofthe subject property.
and posting and ttre Special2. Respondents were date ofhearing by
Magistrate has jurisdiction
3. Respondent Walter P. Landrum,did appear at the public hearing.
4. The real property located at 44ll Rose Ave, Naples, Florida, Folio No. 67492880004 (l-egal
Description: PINE VIEW VILLAS BLK B LOT 23), is in violation of Collier County Code of
Laws and Ordinances, Chapter 22, Article VI, Sections 22-23I(12)(i),22-231(9),22-231(ll),
22-23 l(2), 22-236, and 22-23 l(19), in the following particulars:
Dangerous/Eazardous structure with multiple Property Maintenance violations.
5. The violation has not been abated as ofthe 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. 0744, as amended,
rT IS I{EREBY ORDERED:
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 22, Article VI, Sections 22-231(12)(i),22-231(9),22-231(ll),22-231(2\,22-236, ard
22-23t(te).
under oath,
before
I
8.B.6.a
Packet Pg. 206 Attachment: CEPM20180009429 LAKEVIEW LOAN SERVICING LLC (13034 : CEPM20180009429 LAKEVIEW LOAN SERVICING LLC)
oR 5543 PG 3816
B. Respondents must abate the violation: l) by contacting Florida Govemmental Utility Authority
and taking the necessary steps to restore water to the properly; 2) by contacting Florida Power and
Light Company and taking the necessary steps to restore electricity to the property; and 3) by
restoring the interior of the dwelling to a sanitary condition so as not to be considered by the
Housing Official to be a dangerous or hazardous structure on or before August 10,2018 or a
fine of $250.00 per day may be imposed for each day the violation remains thereafter unless Part
D of this Order is adhered to.
C. Respondents must furttrer abate the violation by obtaining all required Collier County building
permits, inspections and Certificates of Completion/Occupancy and restoring the property to a
permitted condition consistent with the Collier County Properly Maintenance Code on or before
September 2, 201E or a fine of $250.00 per day will be imposed for each day the violation
remains thereafter.
D. Alternatively, if a Boarding Certificate is obtained and the property is boarded on or before
September 2,2018, then the time required to complete the repairs, inspections, and Certificate of
Completion/Occupancy as ordered by Part C shall be extended to on or before Manch 2,20L9 or
a fine of $250.00 per day will be imposed for each day the violation remains thereafter.
E. In the event the Respondents Order, all buildings on this
property are ordered to be
County Sheriffs Ofiice to
effect until such time as
established with
3) the water and
Official has
the assistance of the Collier
to vacate shall remain in
accounts have been
Power and Light Company;
the Collier County Housing
hazardous or dangerous.
F. [n the event the Order, the Collier County
Code Enforcement using any method to bring
the violation into the services of the Collier
County Sheriffs Office for abatement. All costs of
abatement shall be assessed
G. Respondents are ordered to pay prosecution of this case in the amount of
$112.10 on or before January 30,2019.
H. Respondent shall notifo the Code Enforcement [nvestigator within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
DOI\TE AIYD ORDERED this
State ol Florida
County of COLLIER
I HEREBY i;;iffiffi COLLIER COI]NTY CODE EI\TFORCEMENT
SPECIAL MAGISTRATEcorrect
Counff
e
., <tr:$
PAYMENT OF FII\IESi 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 # Q39)252-
3A 4", of August 2018 at Collier County, Florida.
b C.
this order to vacate.
the County
partially or fully
necessary, the
of accessing
8.B.6.a
Packet Pg. 207 Attachment: CEPM20180009429 LAKEVIEW LOAN SERVICING LLC (13034 : CEPM20180009429 LAKEVIEW LOAN SERVICING LLC)
*** oR 5543 PG 3817 ***
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this ordor may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magishate 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 parQy 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 I{EREBY CERTIFY that a true and correct copy of this ORDER has been sent.by U. S. Mail to Walter P.
Landrum and Charlotte I-andrum at 4411 Rose Ave, Naples, FL 3411 2 this ? tt day of August 20 I 8.
Enforcement Offrcialf.O a
1l I
J/ Ili-l
?
8.B.6.a
Packet Pg. 208 Attachment: CEPM20180009429 LAKEVIEW LOAN SERVICING LLC (13034 : CEPM20180009429 LAKEVIEW LOAN SERVICING LLC)
vs.
COLLIER COUNTY. FLORIDA
OFFICE OF THE SPECTAL MAGISTRATE
COLLIER COUNTY
BOARD OF COUNI.Y COMMISSIONERS. Petitioner
OSM CASE NO. CEPM2OI8OOO9429
AMBER DAWN MCCUNE, Defendant(s)
AFFIDAVIT OF NON-COM PLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME. the undersigned authorify. personally appeared Stephen Athet'. Code Enforcement Official for theHearing before the Special Magistrate of Collier County, who after being fuily sworn, deposes and says:
I. That on August 03' 2018, the Special Magistrate held a hearing and issued an Order in the above-sfyled
mafier and stated that Defendant(s) was to abate the violations as stated in the Order of the Special Magistrate
recorded in the public records of Collier County, Florirla in OR Book 5543 pC 3g t5 .
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 8-22-19.
That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliancewith the following conditions: Violations remain.
FURTHER AFFIANT SAYETH NOT.
DATED this 23rd day of August,20l9.
RIDA
HEARING OF STRATE
STATE OF FLORIDA
COUNTY OF COLLIER
Swom to (or affirmed) and subscribed betbre me this 2i aay of A uJ ust .20nby Stephen Athe-v,
Ste
(Signature of ic)
(Print/Type/Stamp Comrnissioned Name of Notary public)
s.fLf33u ETENAMGoNZ tu
,H*"ffiffiH
Personally known {
8.B.6.a
Packet Pg. 209 Attachment: CEPM20180009429 LAKEVIEW LOAN SERVICING LLC (13034 : CEPM20180009429 LAKEVIEW LOAN SERVICING LLC)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13035) DOC ID: 13035
Updated: 7/28/2020 4:02 PM by Elena Gonzalez Page 1
CESD20180005821 Bryan
CASE NO: CESD20180005821
OWNER: Christopher Bryan and Julia Bryan
OFFICER: Arthur Ford
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction
of a pergola at the front entrance of the property without
required permits, inspections and certificate of completion.
FOLIO NO: 51494600007
PROPERTY 2257 Regal Way, Naples, FL 34110
ADDRESS:
8.B.7
Packet Pg. 210
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, PIaintiff,
Case: CESD20180005821
CHRISTOPHER BRY AN & JULIA BRYAN, R espondent(s)
PLEASE TAKE NOTICE that Pursuant to Section '162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Building Permit LDC 10.02.06(BXl Xa) and 10.02.06(8)(1)(e)
LOCATION OF VIOLATION: 2257 Regal WAY, Building, Naples, FL 341 10
SERVED: CHRISTOPHER & JULIA BRYAN, Respondenl
Arthur Ford, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communicalion, or other reasonable accommodations to panicipate in this proceeding,
should contacl the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34i.12, ot (2391252-B3BO,
as soon as possible, but no laler than 48 hours before the scheduled evenl. Such reasonable accommodations wi be provided at no cost to the
individual.
tloTlFlcAclol{: Esla audiencia sera conducida en el idioma Ingles. Setuicios the traduccion no seran disponibtes en ta audiencia y usted sera
responsable de proveer su propio traductor, para un mejor enlendjmiento con las comunicaciones de esle evento. Por favor traiga au propio traductor.
AVETISMAN: Toul odisyon yo fdt an angle Nou pan gin moun pou fe lradiksyon. Si ou pa pald angE tanpri vini avdk yon intdprdt pou pal6 pou-ou.
VS
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
8.B.7.a
Packet Pg. 211 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
INSTR 58591-32 oR 5755 PG 1595 RECoRDED 4/24/2020 8:46 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $35.50
3
vs.
COLLIER COT]NTY CODE ENT'ORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD2OI 80005821
BOARD OF COI]NTY COMMISSIONERS
coLLrER COUNTY, FLORTDA
Petitioner,
CIIRISTOPHER BRYAN and JULIA BRYAN,
Respondents.ER-CC:U h
THIS CAUSE came on February 7,2020,and
the Special Magistrate,matters, hereupon issues her
Findings of Fact, Conclusions as follows:
l. Respondents,, are the owners ofthe subject
real property located at2257 110, Folio No. 51494600007
2. Respondents were duly notified of the by certified mail and posting and
CHRISTOPHER BRYAN appeared on behalf of himself and his wife, JULIA BRYAI\I
acknowledging having entered into a Stipulation with Petitioner
Stipulation was accepted by the Special Magistrate as presented.
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(BXl)(a) and Section 10.0i.06(BXlXe)
in the following particulars:
construction ofa pergola at the front entrance ofthe property without
required permits, inspections and a certilicate of comptetion.
The violation was not abated as of the date of the public hearing.
that resolved all matters. The
4
ORDER
Based upon the fore8oing Findings of Fact and Conclusions of Law, and pursuant to the authoritygranted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07- a, as amended,IT IS HEREBY ORDERED:
i
8.B.7.a
Packet Pg. 212 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
oR 5755 PG 1596
A. Respondents are found guilty of violation of the Collier County Land Development Code 04-41,
as amended, Section 1 0.02.06(BX I )(a) and Section I 0.02.06(8)( l)(e).
B. Respondents are ordered to pay opcrational costs in the amount of $111.70 incurred in the
prosecution of this case on or before March 7,2019.
C. Respondents are also ordered to abate the violation by obtaining, as required, either a Collier
County building permit or a demolition permit, all inspections and a Certificate of Completion or
Occupancy on or before April 7, 2020 or a fine of $250.00 per day will be imposed until the
violation has been abated.
D. Respondents must notifu 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
may use the assistance of the Collierviolation
to
any method to bring the
County Sheriff s Office
assessed to the property
and all costs of abatement shall be
DONE AI\D ORDERED on Collier County, Florida.
ENT'ORCEMENT
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.
ard oned
copy
Cierk
li
il i
,f, r,
8.B.7.a
Packet Pg. 213 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
oR 5755 PG 1597
BOARD OF COUNTY COMMISSIONERS
Colller County, Florida
ln consideration of the disposition and
a hearing is currently scheduled for
enforcement process; and to obtai
parties hereto agree as follows:1) The violations noted in th
of the property without required p
to their existence, and that I have
#c
Petitioner,
VS Case No. CESD20180005821
Christopher & Julia Bryan
Respondent(s),
STI PU LATION/AG REE M ENT
Before me, the undersigned, Clciglophq B?Vaa , on behalf of Ain5..l+ ente6 into this Stipulation and
Agreement with Cotlier Counly as to the resolution of Notices of Violation in reference (case) number
CESD20180005821 dated lhe 11th day ofJuly, 2018.
This agreement is subject to the approval of the Special Magistrate. lf 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
ER C0 L
a
the m
7th 2020i to prom
itious
in said Notice(s) of Violation for which
en cy in the administration of the code
of the matters outlined therein the
of a pergola a1 the front entrance
completion are accurate and I stipulate
rida Statute 162.
e refbre
L
FIa o
THEREFORE, it is agreed between
1) Pay operational costs in the
days of this hearing.
2) Abate all violations by:
Obtaining all required Col
rties that the dent
a $11 1.70 incu secution of this case within 30
$.Iier County it(s) or Demolition Permit, inspections, and
Certificate of Completion/Occupancy within 6O days of this hearing or a fine of $ 250.00 per daywill be
imposed until the violation is abated
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the lnvestigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or lax and made during lhe workweek. ll the violalion is abated 24 hours prior to a Saturday, Sunday or legal
holiday, then the notrfication mustba made on lhe nex day lhal is not a Saturday, Sunday or l€galholiday.)
4) That if the Respondenl 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 Sheriffs Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
zrr'-
po ndent or ative (sign)Supervisor
t CI
for Michael Ossorio, Director
Code Enforcement Division
a /z /ao
Respondent or Representative (print)
allfe0ao
REV 3-29-16
9"2
O,&onpt*xn 7 BP+*,-
Date
8.B.7.a
Packet Pg. 214 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
*** oR 5755 PG 1598 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a rrue and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this A{ day of February, 2020 to Respondent(s),
Christopher Bryan and Julia Bryan, 225? Regal Way, Naples, Fl 341 10.
Code Enforcement Offi cial
.RC
\.
1"'l
8.B.7.a
Packet Pg. 215 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
COLLI ER COUNTY, I-LORIDA
CODE ENFORCEMENT BOARD
CEB CASf, NO. CESD2OISMO5t2I
COLLIER COUNTY
BOARD OF COTNTY COMMISSIONERS, Petitioner
vs.
BRYAN, CHRISTOPHER & JULIA, Defendan(s)
AFFIDAVIT OF NON.COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Arthur Ford. Code Enforcement Official for the Code
Enforcement Board of Collier County, who after being fully swom, deposes and says:
l. That on February 0'7,2A20, the Code Enforcement Board held a hearing and issued an Order in the
above-styled mafier and stated that Defendant(s) was to [] as stated in the Order recorded in the public
records of Collier County. Florida in OR Book@PGlrqi.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on April 8th 2020.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: Violation remains
FURTHER AFFIANT SAYETH NOT
DATED this [] day of [],20_.
COLLIER COUNTY. FLORIDA
CODE ENFORCEMENT BOARD
Ford
Code Enforcement Offi cial
STATE OF FLORIDA
COUNTY OF COLLIER
Swom to
this I
(or affirmed) and subscribed before me by means of /nysicatpresence or
-
online notarization,
day of ftpr, / ,2}llby Arthur Ford
(Signature of
(Print/TypdStamp Commissioned Name of Notary public)
."1f1i.,.*" EtEt{AMGoNzqLEz
;W; H;ilii:;ll'-for fao' 8nd!d lrru Sudgra llt, Srrta
Personally known {
8.B.7.a
Packet Pg. 216 Attachment: CESD20180005821 Bryan (13035 : CESD20180005821 Bryan)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13041) DOC ID: 13041
Updated: 7/28/2020 4:04 PM by Elena Gonzalez Page 1
CEPM20180012850 McGrath
CASE NO: CEPM20180012850
OWNER: Kathleen A McGrath
OFFICER: Tony Asaro
VIOLATIONS: Florida Building Code, 6th Edition, Chapter 4, Section 454.2.17
and Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(a). Damaged/missing
residential swimming pool barrier.
FOLIO NO: 691450080005
PROPERTY 10161 Regent CIR, Naples, FL 34109
ADDRESS:
8.B.8
Packet Pg. 217
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
KATHLEEN A MCGRATH, Respondent(s)
Case: CEPM20180012850
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341'12
VIOLATION: Swimming Pool Barrier - Residential '10.02.06(8)(1Xa) and FBC 454.2.17
LOCATION OF VIOLATION: 10161 Regent ClR, Naples, FL 34109
SERVED: KATHLEEN A MCGRATH, Responden
Tony Asaro, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Offlce of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed praor to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34'104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or servic€ for effective communication, or other reasonable accommodalions to participate in this proceeding,
should contacl the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Ftorida 34112, or (23S; zS-Z-A:8O,
as soon as possible, but no laler than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost lo the
individual.
NOT|FlcAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios the lraduccion no seran disponibles en ta audiencia y usled seraresponsable de proveel su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. por favor traiga ;u propio traductor.
AvETlSrilAN: Tout odisyon yo fet an angE. Nou pan gin moun pou fd tradiksyon. Si ou pa paE angld tanprivini avdk yon intdpret pou pale pou-ou.
8.B.8.a
Packet Pg. 218 Attachment: CEPM20180012850 McGrath (13041 : CEPM20180012850 McGrath)
rNSTR 5730491_ oR 5644 PG 3649 RECoRDED 6/24/2OL9 10:54 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $35.50
COLLIER COUNTY CODE EI\-FORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPM20180012850
BOARD OF COI]NTY COMMISSIONERS
COLLIER COLIIITY, FLORIDA,
Petitioner,
vs.
KATHLEEN A. MCGRATH,
Respondent.
)
J
cro
i
THIS CAUSE came on June 7,2019, and the
Special Magistrate, having
to all appropriate matters,
and heard argument respective
of Law and Order of the
Special Magistrate, as follows:
1. Respondent, KATI{LEEN A. MCGRATH, is the owner of the subject property,
Respondent was notified of the date of hearing by certified mail and posting, and the Special
Magistrate has jurisdiction of this matter.
Respondent, KATHLEEN A. MCGRATH, appeared at the hearing and entered into a Settlement
Stipulation with the Petitioner, which was accepted by the Special Magistrate.
The real property located at 10161 Regent Circle, Naples, Florida 34109, Folio # 69145008005,
is in violation of Florida Building Code, 6ft Edition, Chapter 4, Section 454.2.17, as adopted by
Collier County, and Collisr County Land Development Code 0441, as amended Section
10.02.06 (BXlXa) in the following particulars:
Damaged/missing residential swimming pool barrier,
4.
her Findings
under oath,
5. The violation hadnot been abated as ofthe date ofthe public hearing.
il/l
8.B.8.a
Packet Pg. 219 Attachment: CEPM20180012850 McGrath (13041 : CEPM20180012850 McGrath)
oR 5644 PG 3650
A.
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:
Respondent is found guilty of violation of Florida Building Code, 6tr Edition, Chapter 4, Section
454.2.17, as adopted by Collier County, and Collier County Land Development Code 0441, as
amended, Section 10.02.06 (BXlXa).
Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$111.95 on or before July7,2Ol9.
Respondents must abate all violations by: Obtaining all required Collier County Building
an approved safety pool barrier on or
imposed for each day the violation
D. If Respondent fails to the Code Enforcement DeparEnent
may abate the violation compliance. If necessary, the
County may request for the purpose of
accessing the properfy assessed against the
properfy and may
E. Respondent shall notiS Enforcement hours of abatement or
compliance so that a may be compliance.
DONE AND ORDERED this Collier County, Florida.
COLLIER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
in rnd irir Collia County
a iue end corect
County,
Deputy Clerk
C.
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 34rc4, 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 parfy may appeal a final order of the Special Magistrate to the Circuit Court
within thirfy (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.
Permit(s), inspections
before Jane2l,20l9
remains thereafter.
and Certificate
or a fine
L
at
. g.tftcit0
B.
c.
8.B.8.a
Packet Pg. 220 Attachment: CEPM20180012850 McGrath (13041 : CEPM20180012850 McGrath)
oR 5644 PG 3651
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE has been sent by U. S. Mail this l"htt^ day of June 2019 tothe following:
CERTIFICATE OF SERVICE
KATHLEENA. MCGRATH
10161 Regent Circle
Naples, Florida 34109
a
C.
Magistrate
County Code Enforcement
l, Crystrl
R. []
,iIr
I
I \{t
tt
I
I
tr IIr-\
{
8.B.8.a
Packet Pg. 221 Attachment: CEPM20180012850 McGrath (13041 : CEPM20180012850 McGrath)
*** oR 5644 PG 3652 ***
This agreement is subject to the
heard on the scheduled Hearing
attend the Hearing.
4t r,BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEPM20180012850
Kathleen A McGrath
Respondent(s),
STIPU LATION/AGREEM ENT
Before me, the undersigned, Kathleen A McGrath, on behalf of herself, enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CEPM20180012850 dated the 14h day of November,2OlB.
approval of the Code Enforcement Board. lf it is not approved, the case may be
date, therefore it is strongly recommended that the respondent or representative
ln consideration of the disposition and
hearing is currently scheduled for J
enforcement process; and to obtain a
hereto agree as follows:1) The violations noted in the
and that I have been properly
THEREFORE, it is agreed between
1) Pay operational costs in the
days of this hearing.
2) Abate allviolations by:
or
of
in said Notice(s) of Violation for which a
in the administration of the code
matters outlined therein the parties
and I stipulate to their existence,
of this case within 30
Obtaining all required Collier County and certificates of completion for
an approved safety pool barrier within 180
until the violation is abated.
agreement or a fine of $200.00 per day accrue
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and
request the lnvestigator perform a site inspection to confirm compliance.(24 hours nolice shall be by phone or fax and made during the workweei. lf the violation is abated 24 hours pri;r to a Saturday, Sunday or tegal hotiday,
then the notification must be made on lhe 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 methodtothe violation into compliance and may use the of the Collier County Sheriff's Office toassistance
the provisions of this agreement and all costs of a batement shall be assessed to the property
4){*-196
(sign)
!/,lttAro-{--
Respondent or Representative (print)
b- 4'g
W. Eric Short, Supervisor
for Michael Ossorio, Director
Code Enforcement Division
(
2019; to promote
m
of $111.95
Date
Date
L/ /2o
1
8.B.8.a
Packet Pg. 222 Attachment: CEPM20180012850 McGrath (13041 : CEPM20180012850 McGrath)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13045) DOC ID: 13045
Updated: 7/28/2020 4:05 PM by Elena Gonzalez Page 1
CEV20190007829 Alleman
CASE NO: CEV20190007829
OWNER: Carole A Alleman
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle on the property.
FOLIO NO: 37981280006
PROPERTY 3311 11th Ave SW, Naples, FL 34117
ADDRESS:
8.B.9
Packet Pg. 223
VS
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVIISSIONERS,
COLLIER COUNTY, FLORIDA, Ptaintiff,
Case: CEV20190007829
CAROLE ALLEMAN , Respondent(s)
NOTICE OF HEARING
RE: MO TION FOR IMPO SITION OF FINES/LIENS
PLEASE TAKE NoTlcE that Pursuant to Section 162.00 and 162.12, Flotida Statutes, and Co ier County ordinance No07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate onthe following date, time, and place for the violation below:
DATE : 08t07 t2020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Unlicensed/lnoperable Vehicles 130-95
LOCATION OF VIOLAT|ON: 33'l t ltth AVE SW, Buitding, Naples 34117
SERVED: CAROLE A ALLEMAN, Respondent
Paula Guy, lssuing Officer
RESPONDENTS ARE REQUIRED To APPEAR AT 8:30 AM FoR A PRE-HEARING coNFERENcE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/orevidence to be relied upon for the testimony given at the hearing. Documents will consist of the oiiginal and three copies.Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by theSecretary to the office of the Special Magistrate at least five (5) business days prior to the date set for the helring.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing toinclude emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLTIER COUNTY COOE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34't 04
(239) 252-2496 Tetephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding,should contact the collier county Facilities Management Division, located at 3335 Tamiami rrail E., suile to1, Nrpi"i iroiiii-:+r rz, or (239) 252-8380,as soon as possible' but no laler than 48 hours before the scheduled evenl. Such reasonabte accommodations witi be iroviJeo at no cost to tneindividual
NoTlFlcAcloN: Esta audiencia sera conducida en el idioma lngles. servicios the tracluccion no seran disponibles en ta audiencia y usled seraresponsable de proveer su propio traductor, para un mejor enten]dimienlo con tas comunicaciones de este evento. eor r"roii.ig" s, propro traductor.
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fd tradiksyon. Si ou pa pate angte tanpri vini avek yon inteprdt pou pa16 pou-ou.
8.B.9.a
Packet Pg. 224 Attachment: CEV20190007829 Alleman (13045 : CEV20190007829 Alleman)
INSTR 585101-4 oR 5747 PG 661- RECoRDED 4/2/2020 1:51 PM PAGES 4
CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $35.50
COLLIER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. {EV201900O7829
BOARD OF COT]NTY COMMISSIONERS
COLLIER COT]NTY, FLORIDA,
Petitioner,
YS.
CAROLE A. ALLEMAN,
Respondent []6 L,
{
THIS CAUSE came
the Special Magistrate,
respective to all appropriate
of the Special Magistrate, as
on February 7,2020, and
and heard argument
of Law and Order
l. Respondent, CAROLE A.subject property located at33ll
116 Avenue SW. Naples, FL
Respondent was duly notified of the date of hearing by certified mail and posting, and did not
appear, but was represented at the public heanng by her daughter, Stacie Alleman, who
acknowledged that her mother had entered into a Stipulation with the Petitioner resolving all
matters. The Stipulation was accepted by the Special Magistrate as presented.
J.The real properlry owned by Respondent is in violation of Collier County Code of Laws and
Ordinances, Chapter 130, Article III, Section 130-95 in the following particulars:
Inoperable vehicle on the property.
4. The violation had not been abated as ofthe date ofthe public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS IIEREBY ORDERED:
,)
, is the
'.x;qf
8.B.9.a
Packet Pg. 225 Attachment: CEV20190007829 Alleman (13045 : CEV20190007829 Alleman)
oR 5747 PG 662
A. Respondent is found in violation of Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95 by having an inoperable/unregistered vehicle on her property.
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$111.70 on or before March 7,2020.
C. Respondent is ordered to abate the violation by repairing defects so vehicle(s) are immediately
operable or by storing said vehicle(s) within a completely enclosed structure, or by
removing offending vehicle(s) from the residentially zoned area on or before March 7,2020
or a fine of $100.00 per day will be imposed for each day the violation remains.
D Respondent shall notifo the Code Enforcement Investigator within 24 hours of abatement or
compliance so that a final inspection may be performed by Code Enforcement to confirm
compliance.
E. If Respondent fails to comply with County Code Enforcement Division
may abate the violation using into compliance. If necessary,
the County may request the s Office for the purpose of
of this Order. All costs ofaccessing the properly for
abatement shall be become a lien on the property
DONE AND ORDERED this County, Florida.
ENFORCEMENT
for Collrer CountY
B a true atld coroct
Deprty Clerk
Any fines ordered to be paid pursuant to this order may be paid at the Collier
'County Coi{e 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 obhgations of thrs order may also be obtained at this location.
APPEAL: Any aggrieved parry 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 Magishate's Order.
C.
and to enforce
SPECIAL
i1fj
I
\.
'".jt
8.B.9.a
Packet Pg. 226 Attachment: CEV20190007829 Alleman (13045 : CEV20190007829 Alleman)
oR 5747 PG 663
BOARD OF COUNTY COMMISSIONERS
Collier County, Flonda
2) Abate allvrolatrons by' Repa
the confrnes of a completely
:e-+. /..
Respondent or Representative (pnnt)
4tt
Petrtioner
VS Case No. CEV201 90007829
Garole AAlleman
Respondent(s),
STI PU LATION'AG REEMENT
Before me, the undercgned, Stacie L Alleman, on behalf of Respondent Carole A Alleman, enters tnto this
Stipulation and Agreement wfth Colher County as to the resolutron of Notrces of Vrolation rn reference (case)
number CEV20190007829 dated the 3d day of September, 2019
This agreement rs sublect to the approval of the Code Enforcement Board. lf I rs not approved, the case may
be heard on the scheduled Heanng date, therefore rt rs strongly recommended that the respondent or
representatrve attend the Heanng
ln consrderatron of the drspositron and rn said Notrce(s) of Violatron for whrch
a heanng s currently scheduled for in the admrnrstration of the code
enforcement process, and to obtarn a of the matters outhned theretn the
partes hereto agree as follows'1) The vrolations noted rn the
and that I have been properly
and I strpulate to their existence,
Descnptron of Vrolation One (1)
rnoperable vehicle on the observed
THEREFORE, rt rs agreed between
1) Pay operatronal costs rn the
days of thrs hearing
1
L
of this case wfihin 30
operable or store wfihin
vehrcle(s) from property
the wthrn 30 days of this hearing
rs abated
be imposed untlthe vrolatron
3) Respondent must notrfy Code hours of abatement of the vrolatron and request
the lnvestigator perform a sfe rnspection to confrrm comphance
(24 hours notce shall be by phone or fax and made dunng fie workweek lf the volatDn ts abated 24 hours pnor to a Satuday, Sunday or legal
holday, then the notficaton must be macle on the next day that rs not a Saturday, Sunday or legal holday )
4) That f the Respondent farls to abate the vrolation the County may abate the vrolatron using any method
to bring the violatron rnto comphance and may use the assistance of the Colher County Shenffs Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property0rrl-
or Cristna P erez, Supervisor
for Michael Ossono, Drrector
Code Enforcement Divrsron
2-1. aoLO
expedtious
are
structure, or
SO
$100
dd
Date
REV 3-29-16
owner.
8.B.9.a
Packet Pg. 227 Attachment: CEV20190007829 Alleman (13045 : CEV20190007829 Alleman)
*** oR 5747 PG 664 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and aorrect copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Marl on this J-5 day of February,2020 to Respondent Carole A
Alleman, 3311 1 I'r'Ave SW, Naples, Fl34ll7.
Code Official
\
)*,-\ttt!II
fl
L, l
8.B.9.a
Packet Pg. 228 Attachment: CEV20190007829 Alleman (13045 : CEV20190007829 Alleman)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13049) DOC ID: 13049
Updated: 7/28/2020 4:07 PM by Elena Gonzalez Page 1
CESD20180001532 Leiti
CASE NO: CESD20180001532
OWNER: Meghan Leiti
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 10.02.06(B)(1)(e). Shed built without a building permit.
FOLIO NO: 36665760005
PROPERTY 4190 3rd Ave NW, Naples, FL 34119
ADDRESS:
8.B.10
Packet Pg. 229
CODE ENFORCEMENT. COLLIER COUNry, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIiIISSIONERS,
COLLIER COUNTY, FLORIDA. Plaintiff,
MEGH AN LEITI , Respondent(s)
VS
NOTICE OF HEARING
RE: MOTION FOR IMPOSIT|ON OF FTNES/L|ENS
PLEASE TAKE NOTICE that Pursuant to Section 162.00 and 162.12, Florida Statutes, and Co ier County Ordinance No07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate onthe following date, time, and place for the violation below:
DATE : 08t07 tZ0Z0
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34j12
VIOLATION: CO Required ATF permits 10.02.06(8)(1Xe)(i)
LOCATION OF VIOLATION: 4190 3rd AVE NW, Buitding, Naptes, FL 341i9
SERVED: MEGHAN LEITI, Respondent
Bradley Holmes, lssuing Officer
RESPoNDENTS ARE REeUTRED To AppEAR AT 8:30 AM FoR A PRE-HEAR|NG coNFERENcE
HEARINGS TO BEGTN AT 9:00 AM
PLEASE TAKE FURTHER NOTIcE that the alleged violator may produce any and all documents, witnesses and/orevidenceto be relied upon forthetestimony given atthe hearing. bocumentiwill consistofthe original and three copies.Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NoTlcE that Requests for continuances wilt nol be considered if not received by theSecretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that ordinance No. 0744, as amended, be reviewed prior to your attendance at the hearing toinclude emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Ftorida 34104
(239) 252-2496 Tetephone
Anyone who aequires an auxiliary aid or service for effective communication, or olher reasonable accommodations lo participale in this proceeding,should contact the collier counly Facilities Managemenl Division, located at 3335 Tamiami rrait E., suite 1ot, NapiejiLiiii-Lr tz, o|. 1zs9) 2s2-8380,as soon as possible, but no laler than 48 hours before the scheduled evenl. Such reasonable accommocations wili oe proviJeo at no cost to tneindividual.
NoTlFlcAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios lhe traduccion no seran disponibles en ta audiencia y usted seraresponsable de p'oveer su propio kaductor' para un meior ententimienlo con las comunicaciones de este evento. eor raroitiaiga su propio traductor.
aVETISMAN: Toul odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angB tanpri vlni avek yon inteprdt pou pal6 pou-ou.
Case: CESD20180001532
8.B.10.a
Packet Pg. 230 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
INSTR 5744605 oR 5656 PG 460 RECoRDED 7/26/2OL9 10:31 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $35.50
COLLIER COT]NTY CODE EI\I-FORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD20180001532
BOARD OF COTINTY COMMISSIONERS
COLLIBR COIINTY, FLORIDA,
Petitioner,
vs.
MEGHAN LEITI,
Respondent.
THIS CAUSE, came on
Special Magistrale, having
to all appropriate matters,
Magistrate, as follows:
-/e4+6'<h\t
1.:
t_r
fE
on July 5,2A19, and the
and heard argument respective
oflaw and Order ofthe Special
C:
I - Responclent, MEGHAN LEITI, is the owner of the subject property, located at 4190 3'd Avenue
NW, Naples, Florida 341t9, Folio No. 36665760005.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of tlris matter.
3. Responden! having been duly notified, was not present at the public hearing, having earlier
entered into a Stipulation with Petitioner, which rvas accepted by the Speciai naagisiate.
4- Respondent's property, located at 4l9O 3'd Avenue NW, Naples, Florida 341 l9 is in violation ofCollier CountSr Land Development Code, 0441, as amended, Section 10.02.06(BXl)(e)(i) in thefollowing particulars:
Shed built rvithout a building permit.
5. The violation has not been abated as of the date of the public hearing.
fa
hearing
under oath,
its Findings
L-
8.B.10.a
Packet Pg. 231 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
oR 5656 PG 46L
l, Cr;stal
accessing the property
property.
DOI\IE AND ORDERED thiS
Based upon th', 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-aa, as amended, it is herebyORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code, 0441, as
amended, Section 10.02.06(BXIXeXD for constucting a shed without u Uuilaing permit.
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$111.80 on or before August 5,2019.
ORDtrR
C. Respondent must abate the violation by obtaining all required Collier County Building Permit(s)
or a Demolition Permit,
November 5, 2019 or a
remains thereafter.
D. Respondent shall notifi,
fine of
of Completion/Occupancy on or before
for each day the violation
compliance so that a
24 hours ofabatement or
compliance.
E. If Respondent fails to Enforcement Division
may abate the compl iance. If necessary,
Office for the purpose ofthe Count;i may thb
All costs be assessed against the
Collier CountSr, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
C.
D,&
County
and corect
CierkDeputy
BAYME-NT oF TIIYES: Any fines ordered to be paid pursuant to this order may be paid at the collierCounty code Enforcement Division, 2800 North Horseshol Drive, Naples, FL 34164, phone # (239)252-2440, ot.www'colliergov-net- Any release of tien or confirmation of compliance or confirmation of thesatisfaction of the obligations ofthis order may also be obtained at this location.
AffrE4lt '-{ny aggriwid pu.ty may appeal afinal order of the Special Magistrate to the circuit courtwithin thifty (30) days of the execution oiih" ord". appealed. arr-ipp"ut shall not be a hearing de novo,but shall be limited to appellate review of the ,""o.d created wiitrin the original hearing. It is theresponsibility of the appealing party to obtain a transcribed record of the hearing f,o. the cierk of courts.Filing an Appeal will not automatiialry stay the speciar Magistrate,s order.
8.B.10.a
Packet Pg. 232 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
oR 5656 PG 462
CERTIFICATE OF SERVICE
II{EREBY CERTIFYtqflT}true and correctcopy ofthis ORDERofthe SrECIAL MAGISTRATEhas been sent by U. s. Mail this ['flHfay of July 2olg t;the following:
MEGHAN LEITI
4190 3'd Avenue NW
Naples, Florida 34119
C.
n\.L
J
I
t l
8.B.10.a
Packet Pg. 233 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
*** oR 5656 PG 463 ***
ln consideration of the disposition and
a hearing is currently scheduled for
enforcement process; and to obtain
parties hereto agree as follows:1) The violations noted in the
and that I have been properly n
in said Notice(s) of Violation for which
of
n the administration of the code
the matters outlined therein the
and I stipulate to their existence,
of this case within 30
lding Permit(s) or Demolition
for the shed within 120 days of
the violation is abated
hours of abatement of the violation and request
compliance
the vrolatlon rs abated 24 hours pnor to a Saturday, Sunday or legal
for Michael Ossorio, Director
Code Enforcement Division
1-L-t4
47
BOARD OF COUNTY COMTUISSIONERS
Collier County, Florida
Petitioner
vs. Case No. CESD2O1BOOO1532
Meghan Leiti
Respondent(s),
STI PULATION/AG REEMENT
Before me, the undersigned, It/eghan Leitr, on behalf of herself, enters into this Stipulation and Agreementwith Collier County as to the resolution of Notices of Violation in reference lcasey-number CESD2O1SOOO1532dated the 1Sth day of t\Iarch 2018.
This agreement is subject to the a pproval of the Special Magistrate. lf it is not approved, the case may beheard on the scheduled Hearing date, therefore it is strongly recommended that the respondent orrepresentative attend the Hearing
Cr.r l!
THEREFORE, it is agreed between
1) Pay operationalcosts in the a
days of this hearing.
2)Abate all violations by: Obtain
Permit, inspections, and
this hearing or a fine of $150.00 per d3) Respondent must notify Code E
the lnvestigator perform a site inspection to confirm
made dunng the workweek lf.
4) That if the Respondent fails to abate the violation the County may abate the violatron using any methodto bring the violation into compliance and may use the assistanie of the Collier County Sheriff,s Officeto enforce the provisions of this agreement and all costs of abatement shall be assessed to the propertyowner.
holrday, then the nottficatron must be made on lhe next day that ls not a Saturday, Sunday or legat holtday )
Res or Representative (sign)Cristina Perez,
(24 hours notrce shail be by phone or fax and
Leh
Respo
2019; to promote
the m
itio
of $111.80
uired Collier
Date
or Representative (print)Date
REV 3-29-16
8.B.10.a
Packet Pg. 234 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
vs,
COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
osNl cAsE No. cEsD20180001532
COLLIER COUNTY
BOARD OF COtTNTY COMMISSIONERS, Petilioncr
LEITI, MEGH,rrN. Defendan(s)
AFFIDAVIT OF NON.COMPLIA\CE
STATE OF FLORIDA
COLTNry OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Bradley Holmes, Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County, who after being fully swom, deposes and says:
I . That on July 05, 2019, the Special Magistrate held a hearing and issued an Order in the above-styled matter and
stated thal Defendant(s) was lo abate thc violation by obtaining all requircd Collier County Building Permi(s)
or a Demolition Permit, lnspection(s) and Certificalc of Complction'Occupancy as stated in thc Order of the
Special Magistrate recorded in the public records of Collier County, Florida in OR Book<Ltl, PG '/62 .
2. That the respondent did not contact the invcstigator
3. That a re-inspection was performed on the 7s day of April 2020
That the re-inspection revealed that the colrectiye action ordercd by the Spccial Magistrate was not in compliance
with the following conditions: Shed structure remains unpermined.
FURTHER AFFIANT SAYETH NOT
DATED this 7th day of April 2020
COLLIER COUNTY, FLORIDA
HEARIN F THE SPECIAL MAGISTRATE
Bradley Holmes
Code Enforcement Offi cial
STATE OF FLORIDA
COUNTY OF COLLIER
Swom to
this -?
Lc"
(or affirmed) and subscribed before me by means off physical presence or _ online notarizarion,
day of Aprz^-( . 201!4by Bradley Holmes
?r^A-1-
(Signarurc of Notary Public)
(Print/Typdstamp Commissioned Name of Notarv
Public)
Personally known I
8.B.10.a
Packet Pg. 235 Attachment: CESD20180001532 Leiti (13049 : CESD20180001532 Leiti)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13050) DOC ID: 13050
Updated: 7/29/2020 7:32 AM by Elena Gonzalez Page 1
CESD20190001079 SHULTZ TRUST
CASE NO: CESD20190001079
OWNER: PATRICIA SCHULTZ TRUST and JAMES SCHULTZ
TRUST
OFFICER: Thomas Pitura
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). 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.
FOLIO NO: 52396480007
PROPERTY 111 Capri Blvd, Naples, FL 34113
ADDRESS:
8.B.11
Packet Pg. 236
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD201 9000'1079
PATR c IA SCHULTZ TRUST a n.l lA IIFS S(:H ll LTZ TRUST Respondent(s)
NOTICE OF HEARING
RE: MOTION FOR IMP ITION OF FINES/LIENS
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magastrate on
the following date, time, and place for the violation below:
DATE : 08107 12020
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Building Permit LDC 10.02.06(BX1)(a) and 10.02.06(8)(1)(exi)
LOCATION OF VIOLATION: 1 'l 1 Capri BLVD, Naples, FL 341 13
SERVED: PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST, Responder
Thomas Pitura, lssuing Officer
RESPONDENTS ARE REOUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magastrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodalions to parlicipale in this proceeding,
should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de este evento. Por favor lraiga su propio lraduclor.
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe lradiksyon. Si ou pa pal6 angB tanpri vini avek yon inlepret pou pale pou-ou.
8.B.11.a
Packet Pg. 237 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
INSTR 58LOL27 oR 571-2 PG 1307 RECoRDED L2/3L/2OL9 11:13 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
COLLIER COT]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD20190001079
BOARD OF COI]NTY COMMISSIONERS
COLLIER COI]NTY, FLORIDA
Petitioner,
vs.
PATRICIA SCHULTZ TRUST
JAMES SCHI]LTZ TRUST,
Respondents.
RCO
hearing before
respective to
of the
I-; r'[\t]L- \-- r. _
THIS CAUSE came on
the Special Magistrate, having
Findings of Fact, Conclusions of
on December 6,2079, and
matters, hereupon issues her
as follows:
J
1
2
4
T
Respondents, PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST, are the owners
of the subject real properly located at l l 1 Capri Boulevard, Naples, Florida 34173, Folio No.
52396480007.
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.
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(BX1)(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, pnoper inspections
and a Certificate of Completion/Occupancy.
5. The violation was not abated as of the date of the public hearing
I
J
{{
8.B.11.a
Packet Pg. 238 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
oR 5712 PG 1308
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(BXl )(a) and Section 10.02.06(BX1)(e)(i).
Respondents are ordered to pay operational costs in the amount of $111.70 incurred in the
prosecution ofthis case on or before January 612020.
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
24 hours of abatement of the
confirm compliance
E. If the Respondents fail may abate the violation using
any method to bring assistance of the Collier
all costs of abatement shall beCounty Sheriffs
assessed to the
DONE AI\D ORDERED on Collier County, Florida.
CODE ENFORCEMENT
SPECIAL MAGISTRATE
and for Ccllier County
is a lrue aird @ired
Florida
Depuly Clerk
Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34 104, fax # (239) 252-
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 thirry (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.
B
D. Respondents must notifu
violation and request the
and
l
perform a site
the
to
of I)ecember
I'1-t
Any fines ordered to be paid pursuant to this order may be paid at the Collier
8.B.11.a
Packet Pg. 239 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
*** oR 5712 PG 1309 ***
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 // day of December, 2Al9 to Respondents, Patricia
Schultz Trust and James Schultz Trust, 1 11 Capri Blvd, Naples, FL 34113.
Code Official
,t
I
I
i
1i i
I
I
8.B.11.a
Packet Pg. 240 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CESD2019000f 079
BOARD OF COUNTY COMMISSIONERS
COLLIER COL]NTY, FLORTDA,
Petitioner,
vs.
PATRICIA SCHULTZ TRUST and
JAMES SCHULTZ TRUST,
Respondents.
ORDER OF THf, SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on March 6,2020 on
Respondents' Motion for Extension of Time and the Special Magistrate, having heard testimony under oath,
and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of
the Special Magistrate, as follows:
FINDINGS OF FACT
RESPONdENtS, PATRICIA SCHULTZ TRUST ANd JAMES SCHULTZ TRUST, ATC thc OWNCTS
of the property I l1 Capri Blvd, Naples, Florida 341l3 Folio No. 52396480007.
Respondents are charged with a violation of Collier County Land Development Code, 04-41 as
amended, Section I 0.02.06(BX I )(a) and Section I 0.02.06(BX t )(e)(i).
Respondents were notified of the date of today's hearing for Respondents' Motion for Extension
of Time by certified mail and posting and Respondents were present.
Respondents gave the factual basis for Respondents' Motion for Extension of Time, and
requested that the date for compliance be extended for 90 days.
ORDER
2.
J
4
Based upon the foregoing Findings ofFact, 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' Motion for Extension of Time is GRANTf,D and the date for compliance is
extended to May 6,2020.
8.B.11.a
Packet Pg. 241 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
DONE AND ORDERED rhis btl"day of March 2020 et l{aples, Collier County, Florida.
COLLIf,R COUNTY CODE ENFORCEMf,NT
SPECIAL MAGISTRATE
AC.G ON
PAYMENT OF FINIS: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 341 04, phone # (239) 252-
2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction ofthe obligations ofthis order may also be obtained aI this location.
APPEAL: Any aggrieved party may appeal a final order ofthe Special Magistrate to the Circuit Court
within thiny (30) days ofthe execution of the order appealed. An appeal shall not be ahearing de novo,
but shall be limited to appellate review of the record ffeated within the original hearing. It is the
responsibility ofthe appealing party to obtain a transcribed record ofthe hearing from the Clerk of Courts.
Filing an Appeal will nor auromatically stay the Special Magistrate's Order.
8.B.11.a
Packet Pg. 242 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
CERTIFICATI OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF 'fHE SPECIAI-
MAGISTRATE. has been sent by U.S. Mailon this 23 da1 of N{arclr.1020 to Resporrderrts. Patricia Schultz
Trust and James Schultz Trust. I I I Capri Blvd. Naples. Fl. :i4l l3
//*
Code Enlorcemenf
8.B.11.a
Packet Pg. 243 Attachment: CESD20190001079 SCHULTZ TRUST (13050 : CESD20190001079 SCHULTZ TRUST)
Code Enforcement Meeting: 08/07/20 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 13051) DOC ID: 13051
Updated: 7/28/2020 4:10 PM by Elena Gonzalez Page 1
CENA20190014109 Napoleon
CASE NO: CENA20190014109
OWNER: Jones Napoleon
OFFICER: Thomas Pitura
VIOLATIONS: 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. Litter
and/or illegal outdoor storage including, but not limited to,
household, auto and construction materials.
FOLIO NO: 25967800360
PROPERTY 14573 Apalachee St, Naples, FL 34114
ADDRESS:
8.B.12
Packet Pg. 244
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CENA20190014109
JONES NAPOLE ON , Respondent(s)
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special lvlagistrate on
the following date, time, and place for the violation below:
DATE:
TIME:
PLACE:
VIOLATION:
08t07 t2020
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
Accumulation of Litter 54-'181 and 2.02.03
LOCATION OF VIOLATION: 14573 Apalachee ST, Building, Naples, FL 34114
SERVED: JONES NAPOLEON, Respondent
Thomas Pitura, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodalions to participate in this proceeding,
should contact the Collier County Facilities Managemenl Division, localed at 3335 Tamiami Trait E., Suite 1O'l, Naptes, Ftorida 34.1.12, or (239) 252-8380,
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost lo the
individual.
NOT|FlcAcloN: Esta audiencra sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
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CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
8.B.12.a
Packet Pg. 245 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)
Case No. - CENA20190014109
BOARD OF COUNTY COMMISSIONERS
COLLIf,R COUNTY, FLORIDA
Petitioner,
JONES NAPOLEON,
Respondent.
ORDER OF THf, SPICIA L MAGISTRATf,
vs.
THIS cAUSE came on for public hearing before the special Magistrate on February 7, 2020, and
the Special Magistrate, having heard argument respective to all appropriate matters, hereuion issues her
Findings of Fact, Conclusions of Law and Order ofthe Special Magisrrate, as follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
2
Respondent, JONES NAPOLEON, is the owner ofthe subject real property locared at 14573
Apalachee Street, Naples, FL 34114, Folio No. 25967800360.
Respondent was duly notified ofthe date ofhearing by certified mail and by posting, and did
not appear at the public hearing having entered into a stipulation with petitioner thit resolved
all matters. The Stipulation was accepted by the Special Magistrate as presented.
Respondent is charged with viorating coIier county Land Development code, as amended,
Sec:ion 2.02.03, and Collier County Code ofLaw & Ordinances, ihupt"r 54, A.ti"l" VI,
Section 54- l8l, at the sub-iect property in the following particulars:
Litter and/or illegal outdoor storage including, but not limited to:
household, auto and construction mat€rials.
The violation had not been abated as ofthe date ofthe public hearing.
3
4
ORDER
.Based upon-the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authorirygranted in chapter 162, Florida statutes, and collier county ordinance No. 2007_44, as amended,IT IS HEREBY ORDERED:
COLLIER COUNTY CODE f,NFORCEMENT
SPECIAL MAGISTRATE
8.B.12.a
Packet Pg. 246 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)
Respondent is found in violation ofCollier County Land Development Code, 04-41. as
amended, Section 2.02.03, and Collier County Code of Law & Ordinances Chapter 54. Article
Vl, Section 54- 18 I, which prohibit the accumulation and/or outside storage of Iitter including,
but not limited to: household. auto and construction materials.
Respondent is ordered to pay the operstionrl costs in the amount of$111.70 incurred in
prosecuting this case on or bcfore March 7,2020.
Respondent must compll'with the ordinance or abate the violalion by: Removing any and
all uneuthorized accumulation of litter rnd/or outside storage of litter, including, but not
limited to: all household, auto and construction materials on or before March 7,2020 or a
line of$50.00 per day will be imposed until the violation is abated.
D. Respondent shall notiry lhe Code Enforcement Investigator within 24 hours of abatement or
compliance so thal a final inspection may be performed to confirm compliance.
E. If Respondent fails to comply with this Order, Ihe Collier County Code Enforcement Division
may abate the violation using any method to bring the violation into compliance. lfnecessary,
the County may request the services ofthe Collier Counq" Sheriff s Office in order to access
the propefty for abatement and enforce the provisions ofthis Order. AII costs ofabatement
shall be assessed against the property owner and may becorne a lien on the property.
DOI\tf, AIID ORDERED on this \t\ Oey of February 2020 rt Naptes, Cottier County, Florida.
AC.G
B
C
N
PAYMENT OF FINf,S: Any fines ordered to be paid pursuanl lo this order may be paid at the Collier
county code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax# (239) 252-
2343. Any rclease of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations ofthis order may also be obtained at this location.
APPEA,L: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Courtwithin thiny (30) days of the execurion of rhe order appealed. An ippeal shall not be a hearing de novobut shall .be limited to appellate review of the recoid created rvit'hin the original trearing. "ti is rtreresponsibility ofthe.appealing party to obtain a transcribed record ofthe hearing Irom the Ctelk ofCourts.Filing an Appeal will nor auromatically stay rhe Special Magistrate's Order.
COLLIER COUNTY CODf, ENFORCEMENT
SPECIAL MAGISTRATE
8.B.12.a
Packet Pg. 247 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)
BOARD OF COUNTY COMMISSIONERS
Colller County, Florida
Petitioner,
VS
*tz
Napoleoyones
Respondent(s),
STI PU LATIO N/AG REE ilI E N T
Before me, the undersigned, Napoleon Jones, on behalf of myself, enters into this Stipulation and Agreement
with Collier County as to the resolution of Notices of Violation in reference (case) number CENA2O190014109
dated the 1 1r! day of December, 2019.
This agreement is subject to the approval of the Special Magistrate. lf 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 cunently scheduled for February 7,2O2O; to promote efficiency in the administration of the code
enforcement process; and to obtarn a quick and expeditious resolution of lhe matters outlined therein the
parties hereto agree as follows:
1)The violations are as noted in lhe 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 partres that the Respondent shall;
1) Pay operational costs in the amount of $1 1 1 .70 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by: Removing all unauthorized accumulation of litter and outside storage
from the property to a site intended for final disposal or store items within a completely enclosed
struclure within :i Q days of this hearing or a fine of $50.00 per day will be imposed untit the
violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abalement of the violation and request
the lnvestigator perform a site inspection to confirm compliance.
(24 nouB nolicc lhall be by phone or t&( and made dunng he workweek lf the votaton ls abated 24 houc p.ior lo a Salday. Sunday or legat
holday. tDn lhc notjl5aiton mu3t b. maOe on lhe nerl day that rs not a Saturday Sundey or legat hotrday )
4) That if the
to bring th
to enforce
owner.
espon dent or Represen tive (sign)
Respondent fails to abate the violation the County may abate the violation using any method
e violation into compliance and may use the assistance of the collier county sheriffs office
the provisions of this agreement and aI cosls of abatement shall be assessed to the property
Case No. CENA20190014 1 09
ph Mucha, SupervisorJ
Jo o,z e
Respond ent or Represe
for Michael Ossorio, Director
Code Enforcement Division
.)
L 7oz o1
I
/2
Da
,/z
e (print)
a( e-
REV 3-29-16
h
Date
8.B.12.a
Packet Pg. 248 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and
MAGISTRATE. has been sent by U.S. Mail on this
Jones. 14573 Apalachee St. Naples. Fl 341 16.
corect copy of this ORDER OF THE SPECIAI-
ALI day olFebruary.2020 to Respondent. Napoleon
Code Enforcement Offi c ial
8.B.12.a
Packet Pg. 249 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)
vs.
COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO. CENA2OI9OOI{I09
COT,LIER COUNTY
BOARD OF COUNTY COMMISSIONERS. Petitioner
N A POLEON. JON ES. Defendant(s)
AFFI DAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority. personally appeared Thomas Pitura, Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County, who after being fully sworn. deposes and says:
That on February 07 ,2020, the Special Magistrate held a hearing and issued an Order in the above-styled matter
and stated that Defendant(s) \ ,as to abate all violations as stated in the Order of the Special Magistrate recorded
in the public records of Collier County, Florida in OR Book
-PG-.2. That the respondent did contact the investigator.
3. That a re-inspection was performed on March 9. 2020.Violations abated.
4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance
by removing all liuer and outside storage from the properb'.
FURTHER AFFIANT SAYETH NOT
DATED this 9th day of March. 2020
COLLIER COUNTY. FLORIDA
HEARING OF I'HE SPECIAL MACISTRATE
Tmn^t P^hr...^-
Thomas Pitura
Code Enforcement Offi cial
STATE OF FLORIDA
COUNTY OF COLLIER
Swom to (or affirmed) and subscribed before me b;.,- means of
this 1 day of /.1A-rcA .20pby Thomas Pitura
(PrintiType/Stamp Commissioned Name of Notary public)
Personally known l'
1(physicalpresence or
-
online notarization,tfu#; 7'*'rffi ELENAM C,ONZALFJ
Commissorr I GG 307714
Expir€s [48rd14, 2023
Bsrd.d nnr &rgaratr SrYi!
8.B.12.a
Packet Pg. 250 Attachment: CENA20190014109 Napoleon (13051 : CENA20190014109 Napoleon)