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CESM Orders 07/2020 �o Rec . 1/ a / at Cotter County Growth Management Department Code Enforcement Division DATE: July 24, 2020 TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. 011-44, ouun Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wvwv.colhergov.net _ n+ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20180001532 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, INSTR 5899866 OR 5793 PG 3147 RECORDED 7/29/2020 8:34 AM PAGES 3 vs. CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA MEGHAN LEITI, REC$27.00 Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens and Respondent's Motion for Continuance on December 6, 2019, and the Special Magistrate, having heard argument respective to all appropriate matters,considered the following: 1. This violation occurred on property owned by Respondent and located at 4190 3`d Avenue NW, Naples, Florida 34119, Folio No. 36665760005. 2. Respondent was duly noticed for the public hearing regarding the County's Motion,and was present at the hearing. 3. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended. has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44,as amended, IT IS HEREBY ORDERED: A. Respondent's Motion for Continuance is GRANTED until April 6,2020. DONE AND ORDERED this day of December 2019 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C.GAR ON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive, Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court t‘ithin 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. c,et4A9 I,Crystal K.Kinzel,Clerk?CO �taqnnd for.Cd• r Coun do hearby certify that the above i'r�G5rtre t.la;••t id c ect copy of original filed.it.tallier C y riOI da By. _CleptfE�Clerk Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this/7 day of December. 2019 to Respondent, Meghan Leiti,4190 3`d Ave NW,Naples. FL 34119. At-rt•A— ),dvA/ Code Enforcement Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20190014109 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA INSTR 5899867 OR 5793 PG 3150 Petitioner, RECORDED 7/29/2020 8 34 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER vs. COLLIER COUNTY FLORIDA REC$35.50 JONES NAPOLEON, Respondent. ORDER OF THE SPECIAL MAGISTRATE 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, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW I. Respondent,JONES NAPOLEON,is the owner of the subject real property located at 14573 Apalachee Street, Naples, FL 34114, Folio No. 25967800360. 2. Respondent was duly notified of the date of hearing by certified mail and by posting,and did not appear at the public hearing having entered into a Stipulation with Petitioner that resolved all matters. The Stipulation was accepted by the Special Magistrate as presented. 3. Respondent is charged with violating Collier County Land Development Code,as amended, Section 2.02.03, and Collier County Code of Law& Ordinances, Chapter 54, Article VI, Section 54-181,at the subject property in the following particulars: Litter and/or illegal outdoor storage including, but not limited to: household,auto and construction materials. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 2007-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found in violation of Collier County Land Development Code, 04-41,as amended, Section 2.02.03,and Collier County Code of Law& Ordinances Chapter 54, Article VI, Section 54-181, which prohibit the accumulation and/or outside storage of litter including, but not limited to: household, auto and construction materials. B. Respondent is ordered to pay the operational costs in the amount of$111.70 incurred in prosecuting this case on or before March 7,2020. C. Respondent must comply with the ordinance or abate the violation by: Removing any and all unauthorized accumulation of litter and/or outside storage of litter, including, but not limited to: all household, auto and construction materials on or before March 7,2020 or a fine of$50.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. 1. DONE AND ORDERED on this 14 day of February 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Cr st:l �I4 Gnurf,,in pm'for Coliior County do heart t;ty.thnt the ebsn fr"t•ume,t is "rue -�d cone( cci4 o1 r,' _I C. lier iy,Porida Deputy Clerk Ey: Fz Dater a E AC. GA N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20190014109 NapoleonnJones Respondent(s), STIPULATION/AGREEMENT 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 CENA20190014109 dated the 11th day of December, 2019. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 7, 2020 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1)The violations are as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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 structure within :> 0 days of this hearing or a fine of $50.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. vV L I espondent or Represen tive (sign) J 4ioh Mucha, Supervisor for Michael Ossorio, Director 1 / Code Enforcement Division J�•� l�r .� IL<4-;44 o 2 - ! - 12 c 2 o Respondent or Representative (print) Date Da e REV 3-29-16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL. MAGISTRATE,has been sent by U.S. Mail on this AL/ day of February,2020 to Respondent.Napoleon Jones, 14573 Apalachee St,Naples, Fl 34116. L" 'L Code Enforcement Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20190013637 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, INSTR 5899868 OR 5793 PG 3154 vs. RECORDED 7/29/2020 8:34 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER EDGAR PENZO, COLLIER COUNTY FLORIDA REC $35.50 Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on February 7, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, EDGAR PENZO, is the owner of the subject property located at 118 Capri Blvd. Naples, FL 34113, Folio#52395200000. 2. Respondent was duly notified of the date of hearing by certified mail and posting, but did not appear at the public hearing having entered into a Stipulation with the Petitioner that resolved all matters. The Stipulation was accepted by the Special Magistrate as presented. 3. The real property owned by Respondent is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article Ill, Section 130-95 in the following particulars: Inoperable/unregistered vehicles and trailers are being stored on the property. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found in violation of Collier County Code of Laws and Ordinances,Chapter 130. Article III, Section 130-95 by having inoperable/unregistered vehicles and trailers 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 obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, by repairing any defects to all vehicles so they are immediately operable and by registering said vehicles for operation,or by storing said vehicles within a completely enclosed structure,or by removing offending vehicles from the residentially zoned area on or before March 7,2020 or a fine of $50.00 per day will be imposed for each day the violation remains. D. Respondent 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 Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 1411,day of February 2020 at Naples,Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.KinaA G!t;,=k of Court•in and for Collier Gault)/ do hearty.c t tlGAbe;irist,imer t is a true Enid correct copy of tt a �;;a.idedin 'p �, • Florida By. OJ „Alb Deputy Clerk NDA C. A ETSON PAYMENT43 FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier CountyteMe Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEV20190013637 Edgar Penzo Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Edgar Penzo, on behalf of himself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20190013637 dated the 9th day of December, 2019. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 7, 2020; to promote efficiency in the administration of the code enforcement process: and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1)The violations of as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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/OR Must repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s)and/or trailer(s) from residentially zoned area, within 30 days of this hearing or a fine of$50.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day trat 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 Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent a resen ve (sign) Jo h Mucha, Superviso r fo ichael Ossorio, Director Code Enforcemen Division Respondent Representative (print) Date i Date REV 3-29-16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this a / day of February, 2020 to Respondent Edgar I. Penzo, 118 Capri Blvd,Naples, Fl 34113. /be-rt 241/+ Code Enforcement Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20190001079 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, INSTR 5899869 OR 5793 PG 3158 vs. RECORDED 7/29/2020 8.34 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER PATRICIA SCHULTZ TRUST and COLLIER COUNTY FLORIDA REC$27.00 JAMES SCHULTZ TRUST, Respondents. ORDER OF THE 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 1. Respondents, PATRICIA SCHULTZ TRUST and JAMES SCHULTZ TRUST, are the owners of the property 111 Capri Blvd,Naples, Florida 34113 Folio No. 52396480007. 2. Respondents are charged with a violation of Collier County Land Development Code,04-41 as amended, Section 10.02.06(B)(I)(a)and Section 10.02.06(B)(I)(e)(i). 3. 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. 4. 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 Based upon the foregoing Findings of Fact,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 GRANTED and the date for compliance is extended to May 6,2020. DONE AND ORDERED this day of March 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4 cii\Ax; RENDA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. • f,••J. K:Kinzel,Clerk of Courts in end for Colin Couty Ilt f rtify that the above inst.umar.t is a'rue i:id coiract „.. ` r x y of t i i al led it Collin Couni Flo. 7 .r,.t1-1+4,'� •¢ _Deputy Clerk 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 23 day of March,2020 to Respondents.Patricia Schultz Trust and James Schultz Trust, I 1 Capri Blvd,Naples, FL 34113. Code Enforcement Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20180011146 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, INSTR 5899870 OR 5793 PG 3161 vs. RECORDED 7/29/2020 8:34 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER ROBERT D.REYNOLDS and COLLIER COUNTY FLORIDA BERNARD WOLCOTT, REC$27.00 Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 8,2020,and the Special Magistrate,having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On February 1,2019, Respondents were found in violation of Collier County Code of Laws and Ordinances,Chapter 130,Article III, Section 130-95 and Section 130-96(a), by having multiple unlicensed, inoperable vehicles on the property and two trailers parked in the front yard. 2. This violation occurred on property owned by the Respondents and located at 3529 Seagrape Avenue, Unit A and Unit B,Naples,FL 34104, Folio No. 63505400003. 3. Respondents were ordered to abate the violation on or before February 15, 2019,or a fine of $50.00 per day would be assessed for each day the violation continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5601, PG 1737). 4. The violation was not abated for the period from February 16,2019 to July 8, 2020(509 days), during which time fines accrued at the rate of$50.00 per day for a total fine amount of $25,450.00. 5. Previously assessed operational costs of$112.10 incurred by the County in the original prosecution of this case have not been paid. 6. Operational Costs for today's hearing are $111.70. 7. Respondents,having been duly noticed for the public hearing regarding the County's Motion, were not present at the hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of$50.00 per day are assessed against Respondents for the period from February 16,2019 to July 8,2020(509 days), for a total amount of fines to be paid of$25,450.00. C. Respondents are ordered to pay the previously assessed but unpaid operational costs in the amount of$112.10. D. Respondents are also ordered to pay operational costs for today's hearing in the amount of $111.70. E. Respondents are ordered to pay fines and costs in the total amount of$25,673.80 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida. DONE AND ORDERED this ,day of July 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,CrystaHK. n- IC�I rk of Courts in and for Collier County do kit- IC fy9tlat MAO vo Instrument is a true.id correct cop g`m films ' r Cou y,Florida Deputy Clerk ' 'DA C. GARRETSON iy AY.li FN'r OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 021 day of July, 2020 to Respondent(s), Robert D Reynolds and Bernard Wolcott, 3529 Seagrape Ave,Naples, FL 34104. 11"-2 Code Enforcemen fficial COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20190005285 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, INSTR 5899871 OR 5793 PG 3164 vs. RECORDED 7/29/2020 8:34 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA SALVATORE GARRUTO, REC$35.50 Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on July 8, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues her Findings of Fact,Conclusion of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, SALVATORE GARRUTO, is the owner of the real property located at 2470 44' Street SW,Naples,Florida 34116, Folio No. 36561600007. 2. Respondent was duly notified of the hearing date by certified mail and posting,appeared at the public hearing and entered into a Stipulation with the Petitioner resolving all the issues. 3. The real property of the Respondent, SALVATORE GARRUTO, is in violation of the Florida Building Code, Sixth Edition(2017), Building, Chapter 4, Section 454.2.17.1 through 454.2.17.3,Residential Swimming Barrier Requirement, as adopted and incorporated into the Collier County Code of Laws and Ordinances in the following particulars: Outdoor swimming pool on residential property without a secured screen enclosure or protective barrier. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the the Florida Building Code, Sixth Edition (2017),Building, Chapter 4, Section 454.2.17.1 through 454.2.17.3,Residential Swimming Barrier Requirement,as adopted and incorporated into the Collier County Code of Laws and Ordinances, in that Respondent's outdoor swimming pool is without a secured screen enclosure or protective barrier. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.85 on or before August 8,2020. C. Respondent must abate the violation by obtaining all required Collier County Building Permit(s), all Inspection(s), and the Certificate of Completion for the installation of an approved permanent protective pool barrier and/or enclosure on or before January 8,2021 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order to conduct a final inspection to confirm compliance with this Order. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 43.4% day of July 2020 at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT ^ ge SPECIAL MAGISTRATE I,wry*K Kinzeito of Cou'fts in and for Collier County rielieP*44Ato. hat,umer;t is a true End correct !fIIcu Florida Deputy Clerk / AC. GA N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239) 252- 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this a' day of July, 2020 to Respondent, Salvatore Garruto, 2470 44th St SW,Naples, FL 34116. Code Enforcemen Official BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20190005285 SALVATORE GARRUTO Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Salvatore Garruto, on behalf of Salvatore Garruto, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20190005285 dated the 7th day of May, 2020. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 8, 2020 to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.85 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s), inspections, and Certificate of Completion/Occupancy to install an approved permanent protective pool barrier within 180 days of this hearing or a fine of $250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Cristina Perez, Supervisor for Michael Ossorio, Director 7 Code Enforcement Division r(✓ 7/0 t. V Respondent or Representative (print) Date T7 — � 9 � Date REV 3-29-16