FOGG INVESTMENTS LLC Respondent Exhibitsvs.
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
Plaintiff,
Case No. : C8LU20200000904
FOGC INVESTMENTS, LLC
Respondent.
RESPONDENT EXHIBITS FOR APPEARANCE BEFORE SPECIAL MAGISTRATE
AUGUST 7,2020
Respondent represented by:
Witnesses:
Requested Action:
Exhibit D:
Composite Exhibit E:
Exhibit F:
Exhibits for Consideration During Presentation at Hearing:
Composite Exhibit A: Relevant Supplemental Exhibits provide to the Code Enfbrcement
Board for a Hearing on March 27,2008.
Exhibit B Collier County Ordinance 04-41, Section 2.03.01, including the
applicable subsection 2 I .
Composite Exhibit C Code Enforcement Case Numb ers: 2007 4077 6,
CELU20 I 0001 7 427, CENA2o I I 00078 l, CETUzo 1200 I 48 I t,
CELU20 I 90A12829 .
Colleen J. MacAlister, Law Offices of Colleen J. MacAlister, P.A.
Stanley Fogg, Jr
Denial of violation of Collier County Ordinance 04-4 I , Section
2.02.03.
CollierCounty Special Magistrate Rules and Regulations.
Relevant Sections, Chapter 162, Florida Statutes
Collier County Land Development Code: Sec 2-2026, 2-2428,
2-2029.
Suhmiued to the Office olthe Special Magistrate this 3'd 2020
J. MacALISTER
Bar No. 080471 I
LAW OFFICES OF COLLEEN J.
MacALISTER, P.A.
5061 Napoli Drive
Naples, Florida 34103
Telephone: (239) 262-37 60
Facsimile: (239) 790-5779
Email: col leen@cjmaclaw.com
Attorney for Respondent
CODE ENFORCRMENT- COLLIER COTINTY, FLORIDA
COT}E ENtrORCIM ENT BOARD
BOARD OF COlNl'Y COMMISSIONERS,
COLLIER COIJNTY, IJLORIDA
Plaintill.
vS.(lase No.: CEI] 2007-l l5
Dcpt. Ca-se No.; 2007040776
l"(X;G JR.. S'|ANLEY antl,I'HHRESA M.
I(csponelenls
SUPPLEMENTAI, EXHIBITS FOR APPBARANCT, BEFONf, CODE ENtr'ORCEMENT
BOARI) BY RESPONDtrNTS ON March 27,2(tat8
Rcspondcnt rcprcsented by: Collcen J. MacAlister. Law Ofl'iccs of Colleen J. MacAlistcr. P.A.
Witnesses:Stanlcy Fogg, Jr
Rcqucstcd Acliorr:Dcterminution of violation ol'Collicr Counfy Ordinancc 04-41,
Scction 2.02.03 lbr salc of garden shcds.
Ixhihits lirr Cjonsidcration During Presentation ol'1'cstimony at l.lcaring:
(lonrpositc Exhibit A:Photographs of liogg Nur.scry antl Supply ()onrpany.
l')lrotographs depict the Nurscry, acccss kl the property, various
gardcn ntulcltcs. supplics antl gnruntl coverings availablc fi'rr
purchase (including organic compost in several stagcs of
rnulching), palm trcc nursery. pond, sifter lirr the organic compost,
ancl lhe gardcn shcds l"or sale.
Dxhibit I]Collier County Ordinuncc 04-41. Scctiotr 2.03.01 . including the
applicnblc subseclion 2l.
Exhihit Cl:()opy ol'lctlcr liont Ross Cochcnaur, l'lanning Manager, to the
Rcspondcnts datcd Junc ?2,2007. and supporling tltc violation,
Conrposilc Exhibit D: Copics of randorn sclcclion ol'a variety of shcds availablc in thc
I
EXHIBIT A
-r i ,,
Sutrmittecl to the Ollice ol'Code Enf,orcement ttus d- day ol'March,2008.
J. MacALISTER
[]arNo.080471I
generul categot-a of "garden shcds." Sanrpling shorvs the sizc-s o[
gardcn sheds arc approximarc to lhosc .sold by the Rcspondcnts al
Fogg Nuniery and Supply (lompanl'.
LAW OTFICES OF COLLEEN J.
MTcALISTER, P.A.
5147 Castello Drive
Naplcs, Florida 34103-[elephonc: {?39} ?62-3760
Facsimilc: (239) 790-5779
Attorney lbr Rcspondcnts
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Collier County, FL Land Developrnent Code
2.03.01 - Agricultural Districts.
A,Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A)
is to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities
related to agricultural needs, and conservation uses. Uses that are generally
considered compatible to agricultural uses that would not endanger or darnage the
agricultural, environmental, potable water, or wildlife resources of the County, are
permissible as conditional uses in the A district. The A district corresponds to and
implements the Agricultural/Rural land use designation on the future land use map of
the Collier County GMP, and in some instances, may occur in the designated urban
area. The maximum density permissible in the rural agricultural district within the
urban mixed use district shall be guided. in part, by the density rating system
contained in the future land use element of the GMP. The maximum density
permissible or permitted in A district shall not exceed the density permissible under
the density rating system. The maximum density permissible in the A district within
the agriculturallrural district of the future land use element of the Collier County GMP
shall be consistent with and not exceed the density permissible or permitted under the
agricultural/rural district of the future land use element.
1. The following subsections identify the uses that are perrnissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
a. Permitted uses.
I. Single-family dwelling .
2, Agricultural activities, including, but not limited to: Crop raising;
horticulture; fruit and nut production; forestry; groves; nurseries;
ranching; beekeeping; poultry and egg production; milk production;
livestock raising, and aquaculture for native species subject to Florida
Fish and Wildlife Conservation Commission permits.
i. The following permitted uses shall only be allowed on parcels 20
acres in size or greater:
a) dairying;
b) ranching;
c) poultry and egg production;
d) milk production;
EXHIBIT B
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I of 15 A3t2A,l2:40 PM
Collier County. FL Land Development Codc
e) livestock raising; and
f) animal breeding, raising, training, stabling or kennelinE.
ii. On parcels less than 20 acres in size, individual property owners
are not precluded from the keeping of the following for personal
use and not in association with a commercialagricultural activiry
provided there are no open feed lots:
a) Fowl or poultry, not to exceed 25 in total number; and
b) Horses and livestock (except for hogs) not to exceed two
such animals for each acre.
i. Notwithstanding the above, hog(s) may be kept for a 16
week period in preparation for showing and sale at the
annual Collier County Fair and/or the lmmokalee
Livestock show. The following standards shall apply:
a) One hog per child enrolled in a 4-H Youth
Development Program, Collier County Fair
Program or similar program is permitted. In no
case shall there be more than 2 hogs per acre.
b) Premises shall be fenced and maintained in a
clean, healthful, and sanitary condition.
c) Premises or roofed structure used for the
sheltering, feeding, or confinement of such
animals shall be setback a minimum of 30 feet
from lot lines and a minimum of 100 feet from
any dwelling unit on an adjacent parcel of land.
d) Hog(s) shall not be returned to the property once
removed for showing and/or sale.
3. Wholesale reptile breeding and raising (non-venomous), subject to the
following standards:
i. Minimum 20 acre parcelsize;
ii, Any roofed structure used for the shelter and/or feeding of such
reptiles shall be located a minimum of 100 feet from any lot line .
4. Wildlife management, plant and wildlife conservancies, wildlife refuges
and sanctuaries.
5, Conservation uses.
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2 of l5 8/3/20. l2:40 PM
Collier County, FL l-and Developrnent Code
6. Oil and gas exploration subject to state drilling permits and Collier
County site development plan review procedures.
7. Family care facilities, subject tole$igrL5.Il504.
8. Communications towers up to specified height, subject to section
5.05.09.
9. Essential services , as set forth in section 2.01.03.
10. Schools, public, including " Educational plants."
b. Accessoryuses.
l. Uses and structur€s that are accessory and incidental to the uses
permitted as of right in the A district.
2. Farm labor housing, subject to-ggglon 5.05O3.
3. Retail sale of fresh, unprocessed agricultural products , Brown
primarily on the property and subject to a review of traffic circulation,
parking, and safety concerns pursuant to the submission of a site
improvement plan as provided for in;ge!9.0L0.0?-.8.
4. Packinghouse or similar agricultural processing of farm products
produced on the property subject to the following restrictions:
i. Agricultural packing, processing or similar facilities shall be
located on a major or minor arterial street , or shall have access
to an arterial street by a public street that does not abut
propefties zoned RSF-1 thru RSF-6, RMF-6, RMF-I2, RMF-'|6, RT,
VR, MH, TTRVC and PUD or are residentially used.
ii. A buffer yard of not less than 150 feet in width shall be provided
along each boundary of the site which abuts any residentially
zoned or used property, and shall contain an Alternative B type
buffer as defined within section 4.06.00. Such buffer and buffer
yard shall be in lieu of front, side, or rear yards on that portion of
the lot which abuts those districts and uses identified in
subsection 2.03.01 A.1.b.3. i. above.
iii. The facility shall emit no noxious, toxic, or corrosive dust, dirt,
fumes, vapors, or gases which can cause damage to human
health, to animals or vegetation, or to other forms of property
beyond the lot line of the use creating the emission.
iv. A site development plan shall be provided in accordance with
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3 of 15 8l3l20,l2:40 PM
Collier County, FL Land Development Code
section 10.02.03.
5. Excavation and related processing and production subject to the
following criteria:
i. The activity is clearly incidentalto the agriculturaldevelopment of
the property.
ii. The affected area is within a surface water management system
for agricultural use as permitted by the South Florida Water
Management District (5FWMD).
iii. The amount of excavated material removed from the site cannot
exceed 4,000 cubic yards. Amounts in excess of 4,000 cubic yards
shall require conditional use approval for earthmining, pursuant
to the procedures and conditions set forth in LDc_se.ctiqn 10.0gJg
and the Administrative Code.
6. Guesthouses, subject to section 5.03.03.
7. Private boathouses and docks on lake, canal or waterway lots, subject
to_section 5.03.06.
8. Use of a mobile home as a temporary residence while a permanent
single-family dwelling is being consructed, subject to the following:
i. Receipt of a temporary use permit from the Development services
Director, pursuant toSgg$gn-5.04.04 that allows for use of a
mobile home whlle a permanent single-family dwelling is being
built;
ii" Assurance that the ternporary use permit for the mobile home
will expire at the same time of the building permit for the single-
family dwelling, or upon the completion of the single-family
dwelling, whichever comes firsu
iii. Proof that prior to the issuance of a final certificate of occupancy
for the single-family dwelling, the mobile home is removed from
the premises; and
iv. The mobile home must be removed at the termination of the
permitted period.
9. Use of a mobile home as a residence in conjunction with bona fide
agricultural activities subject to the following:
i. The applicant shall submit a completed application to the site
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4ofl5 A3t2A.l2:4O PM
Collier County. FL Land Dcvclopment Code
development review director, or his designee, for approval of a
temporary use permit to utilize a mobile home as a residen€e in
conjunction with a bona fide commercial agricultural activity as
described in subsection 2.03.01 A.1.2. lncluded with this
application shall be a conceptual plot plan of the subject property
depicting the location of the proposed mobile home; the distance
of the proposed mobile home to all property lines and existing or
proposed structures ; and, the location, acreage breakdown, type
and any intended phasing plan for the bona fide agricultural
activity.
ii. The receipt of any and all local, state, and federal permits
required for the agricultural use and/or to place the mobile home
on the subject site including, but not limited to, an agricultural
clearing permit, building permit(s), ST permits. and the like.
iii. The use of the mobile home shall be permitted on a temporary
basis only, not to exceed the duration of the bona fide
commercial agricultural activity for which the mobile home is an
accessory use. The initialtemporary use permit may be issued
for a maximum of three years, and may, upon submission of a
written request accompanied by the applicable fee, be renewed
annually thereafter provided that there is continuing operation of
the bona fide commercial agricultural activities.
iv. The applicant utilizing, for the bona fide commercial agricultural
activity, a tract of land a minimum of five acres in size. Any
property lying within public road rights-of-way shall not be
included in the minimum acreage calculations.
v. A mobile home , for which a temporary use permit in conjunction
with a bona fide commercial agriculturalactivity is requested,
shall not be located closer than 100 feet from any county highway
right-of-way line, 200 feet from any state highway right-of-way,
or 500 feet from any federal highway right-of-way line.
10. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved on a
site development plan or subdivision master plan for that
development. Recreationalfacilities may include but are not limited to
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5of15 8/3/20, l2:40 PM
Collier County, FL Land Development Codc
golf course, clubhouse, community center building and tennis facilities,
parks, playgrounds and playfields.
c. Conditionaluses. The following uses are permitted as conditiona, uses in the
rural agricultural district (A), subject to the standards and procedures
established in LDCSgglign-!-0*08.00, and the Administrative Code.
1. Extraction or earthmining, and related processing and production not
incidentalto the agriculturaldevelopment of the property. NOTE:
"Extraction related processing and production" is not related to "Oil
extraction and related processing" as defined in this Code.
2. Sawmills.
3. Zoo, aquarium, aviary botanical garden, or other similar uses.
4. Hunting cabins.
5. Aquaculture for nonnative or exotic specles, subject to Florida Fish and
Wildlife Conservation Commission permits.
6. Wholesale reptile breeding or raising (venomous) subject to the
following standards;
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter andlor feeding of such
reptiles shall be located at a minimum of 100 feet away from any
lot line.
7. Churches.
8. Private landing strips for general aviation, subject to any relevant state
and federal regulations.
9. Cemeteries.
10. Schools, private.
1 1. Child care centers and adult day care centers .
12. Collection and transfer sites for resource recovery.
13. Communication towers above specified height, subject to section
5.05.09.
14. Social and fraternal organizations.
15. Veterinary clinic.
16. Group care facllities (category I and ll); care units ; nursing homes;
assisted living facilities pursuant to 5 400.402 F.S. and ch. 58A-5 F.A.C.;
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6 of 15 8/3/20. l2:40 PM
Collier County, FL Land Development Code
and continuing care retirement communities pursuant to 5 651 F.5. and
ch. 4-193 F.A.C., all subject to section 5.05.04 when located within the
Urban Designated Area on the Future Land Use Map to the Collier
County Growth Management Plan.
17. Golf courses and/or golf driving ranges.
18. Oil and gas field development and production subject to state field
development permits.
1.9. Sports instructionalschools and camps.
20. Sporting and recreational camps.
21. Retail plant nurseries subject to the following conditions:
i. Retail sales shall be limited primarily to the sale of plants,
decorative products such as mulch or stone, fertilizers, pesticides,
and other products and tools accessory to or required for the
planting or maintenance of said plants.
ii. Additionally, the sale of fresh produce is permissible at retail plant
nurseries as an incidental use of the property as a retail plant
nursery.
iii. The sale of large power equipment such as lawn mowers, tractors,
and the like shall not be permitted in association with a retail
plant nursery in the rural agricultural district.
22. Asphaltic and concrete batch making plants subject to the following
conditions:
i. Asphaltic or concrete batch making plants may be permitted
within the area designated agricultural on the future land use
map of the future land use element of the growth management
plan.
ii. The minimum site area shall not be less than ten acres.
iii. Principal access shall be from a street designated collector or
higher classification.
iv. Raw materials storage, plant location and general operations
around the plant shall not be located or conducted within 100 feet
of any exterior boundary.
v. The height of raw material storage facilities shall not exceed a
height of fifty (50) feet.
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7 of 15 8t3t20,12:40 PM
Collier County, FL l-and Development Crxle
vi, Hours of operation shall be limited to two (2) hours before sunrise
to sunset.
vii" The minimum setback from the principal road frontage shall be
150 feet for operational facilities and seventy-five (75) feet for
supporting administrative offices and associated parking.
viii. An earthen berm achieving a vertical height of eight feet or
equivalent vegetative screen with eighry (801 percent opacity one
(1) year after issuance of certificate of occupancy shall be
constructed or created around the entire perimeter of the
property.
ix. The plant should not be located within the Greenline Area of
Concern for the Florida State Park System as established by the
Department of Environmental Protection (DEP): within the Area of
Critical State Concern as depicted on the Future Land Use Map
GMP; within 1,000 feet of a natural reservation ; or within any
County, State or federaljurisdictional wetland area.
23. Cultural, ecological, or recreational facilities that provide opportunities
for educational experience, eco-tourism or agri-tourism and their
related modes of transporting participants, viewers or patrons where
applicable, subject to allapplicable federal, state and local permits.
Tour operations, such as, but not limited to airboats, swamp buggies,
horses and similar modes of transportation, shall be subject to the
following criteria:
i. Perrnits or letters of exemption from the U.S. Army Corps of
Engineers, the Florida Department of Environmental Protection,
and the South Florida Water Management District shall be
presented to the planning services director prior to site
development plan approval.
ii. The petitioner shall post the property along the entire property
line with no trespassing signs approximately every 300 yards.
iii. The petitioner shall utilize only trails identified and approved on
the site development plan . Any existing trails shall be utilized
before the establishment of new trails.
iv. Motor vehicles shall be equipped with engines which include
spark arrestors and mufflers designed to reduce noise.
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Collier County, FL Land Devclopment Code
v. The maximum size of any vehicle, the number of vehicles, and the
passenger capacity of any vehicle shall be determined by the
board of zoning appeals during the conditional use process.
vi. Motor vehicles shall be permitted to operate during daylight
hours which means, one hour after sunrise to one hour before
sunset.
vii. Molestation of wildlife, including feeding, shall be prohibited.
viii, Vehicles shall comply with state and United States Coast Guard
regulations, if applicable.
ix. The board of zoning appeals shall review such a conditional use
for tour operataons, annually. lf during the review, at an
advertised public hearing, it is determined by the board of zoning
appeals that the tour operation is detrimental to the environment,
and no adequate corrective action has been taken by the
petitioner, the board of zoning appeals may rescind the
conditional use.
24. Agriculturalactivities on parcels less than 20 acres in size:
i. animal breeding, raising, training, stabling, or kenneling.
ii. dairying;
iii. livestockraising;
iv, milk production;
v. poultry and egg production; and
vi. ranching.
25. The commercial production, raising or breeding of exotic animals, other
than animals typically used for agricultural purposes or production,
subject to the following standards:
i. Minimum 20 acre parcel size.
ii. Any roofed structure used for the shelter and/or feeding of such
animals shall be located a minimum of 100 feet from any lot line .
25. Essential services , as set forth in subsectionf,lQf;Q! G.
27. Model homes and model sales centers, subject to compliance with all
other LDC requirements, to include but not limited to section 5.04.04.
28. Ancillary plants .
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9of l5 8l3l?O.12:40 PM
Collier County, FL Land Development Code
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the
following purposes is prohibited:
a) Fighting or baiting any animal by the owner of such facility or any
other person or entity,
b) Raising any animal or animals intended to be ultimately used or
used for fighting or baiting purposes.
c) For purposes of this subsection, the term baiting is defined as set
forth in 9 828.122(2)(a), F.S., as it may be amended from time to
time.
B. Estate Dastrict (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi-rural to rural environment, with
lirnited agricultural activities. ln addition to low density residential development wlth
limited agriculturalactivities, the E district is also designed to accommodate as
conditional uses , development that provides services for and is compatible with the
low density residential, semi-rural and rural character of the E district. The E district
corresponds to and implements the estates land use designation on the future land
use map of the Collier County GMP, although, in limited instances, it may occur outside
of the estates land use designation. The maximum density permissible in the E district
shall be consistent with and not exceed the density permissible or permitted under the
estates district of the future land use element of the Collier County GMP as provided
under the Golden Gate Master Plan.
1. The following subsections identi$r the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district (E).
a. Permifted uses.
1. Single-familydwelling.
2. Family care facilities , subject tolgg!!.9.01.05.04.
3. Essential services , as set forth in section 2.01.03.
4. Educational plants , as an essential service .
b- Accessory Uses.
1. Uses and structures that are accessory and incidental to uses
permitted as of right in the (E) district.
2. Fruits, vegetables, and nursery plants grown for both personal
consumption and off-site retailsale, such as farmer's markets. Farm
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l0 of 15 8/3/10. l2:.lO PM
Collier County. Fl- Land Dcvelopmcnt Code
operations that grow fruits, vegetables, and nursery plants for off-site
retail sale shall be subject to LDC_seg!ioO-5.0200, Home Occupations, as
amended, and the following standards:
i. Farm operations shall not occupy more than 50 percent of the lot.
ii. Farm operations shall conform to minimum setbacks established
in LDC sections ?.03.01 8.2 and 4.02.01 A. Table 2.1, however, no
side, rear or front setbacks are required greater than 30 feet.
iii. Vegetation removal for farm operations shall be subject to LDC
section 3.05.05 F, as amended.
3. Keeping of fowl or poultry, not to exceed 25 in total number, provided
such fowl or poultry are kept in an enclosure located a minimum of 30
feet from any lot line , and a minimum of 't00 feet from any residence
on an adjacent parcel of land.
4. Keeping of horses and livestock (except for hogs), not to exceed two
such animals for each acre, and with no open feedlots. Any roofed
structure for the shelter and feeding of such animals shall be a
minimum of 30 feet from any lot line and a minimum of '100 feet from
any residence on an adjacent parcel of land.
i. Notwithstanding the above, hog(s) may be kept for a 16 week
period in preparation for showing and sale at the annual Collier
County Fair and/or the lmmokalee Livestock show. The following
standards shallapply:
a) One hog per child enrolled in a 4-H Youth Development
Program, Collier County Fair Program or similar program is
permitted. ln no case shallthere be more than 2 hogs per
acre.
b) Premises shall be fenced and maintained in a clean,
healthful, and sanitary condition.
c) Premises or roofed structure used for the sheltering
feeding, or confinement of such animals shall be setback a
minimum of 30 feet from lot lines and a minimum of 100
feet from any dwelling unit on an adjacent parcel of land.
d) Hog(s) shall not be returned to the property once removed
for showing andlor sale.
about:blank
ll of 15 8l3l20.l2:zl0 PM
Collier County, FL Land Development Codc
5. One guesthouse, subject tols!!eg!.030].
6. Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed and approved on a
site development plan or preliminary subdivision plat for that
development, Recreationalfacilities may include but are not limited to
golf course, clubhouse, community center building and tennis facilities,
parks, playgrounds and playfields.
7. Excavation and related processing and production subject to the
following criteria:
i. These activities are incidentalto the permitted used onsite.
ii. The amount of excavated material to be removed from the site
cannot exceed 4,000 cubic yards total. Amounts in excess of 4,000
cubic yards shall require conditional use approval for earth
mining, pursuant to the procedures and conditions set forth in
section 10.08.00.
c. Conditionaluses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses . The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00:
1. Churches.
2. Social and fraternal organizations.
3. Child care centers and adult day care centers .
4, Schools, private.
5. Group care facilities (category l); care units , subject to the provisions
of subsection 2.03.01 B'3.f; nursing homes; assisted living facilities
pursuant to S 400.402 F.S. and ch. 58A-5 F.A.C.; and continuing care
retirement communities pursuant to 5 651 F.S. and ch. 4-193 F.A.C.; all
subject to section 5.05.04.
6. Group care facilities (category ll) care units subject tolectlon 5.05.04
only when tenancy of the person or persons under care would not:
i. Constitute a direct threat to the health or safety of other
individuals;
ii. Result in substantial physical damage to the property of others; or
about:blank
l2 of l5 8t3l20.l2:40 PM
Collier County, FL Land Developmcnt Code
iii. Result in the housing of individuals who are engaged in the
current, illegal use of or addiction to a controlled substance, as
defined in section 802 of title 21, U.S. Code.
7. Extraction or earthmining, and related processing and production not
incidental to the development of the property subject to the following
criterion and subsection 4.02.02 C.
i. The site area shall not exceed 20 acres
8. Essential services, as set forth in subsection-L0lJl3 G.
9. Model homes and model sales centers, subject to compliance with all
other LDC requirements, to include but not limited to section 5.04.04.
10. Ancillary plants.
1 l. Public schools without an agreement with Collier County, as described
in LDC section 5.05.14. Additionalstandards in LDC section 5.05.'14
shallalso apply.
d. Prohibited uses.
1. Owning, maintaining or operating any facility or part thereof for the
following purposes is prohibited:
i, Fighting or baiting any animal by the owner of such facility or any
other person or entitY.
ii. Raising any animal or animals intended to be ultimately used or
used for fighting or baiting purposes.
iii. For purposes of this subsection, the term baiting is defined as set
fonh in F.S.5 828.122{21(a), as it may be amended from time to
time.
2. Minimum yard Requirements. See subsection 4.02.01 A. Table 2.1 for the general
requirements. The following are exceptions to those requirements:
a. Conforming Corner lots . Conforming corner lots , in which only one full
depth setback shall be required along the shofter lot line along the street.
The setback along the longer lot line may be reduced to 37.5 feet, so long as
no right-of-way or right-of-way easement is included within the reduced
front yard . (See Exhibit A)
ahout:hlank
l3 of 15 tl/3/20. l2:40 PM
Collier County, FL Land Development Code about:blank
ESTATEST COilFORtlt{G CORNER LOr
RO.\r{
P/L
75.
* Emmpl€ - lot Yirth
may vary, bul novcr
lo38 lhrn 15O
PIL
37.5.
FRONT SETSACK
REOUCEO AY
50j6
SIDEsETBAcK s
. SETBACXS MEASUREO FROM R,O,W. LINE
.WIOTH MEASURED BETW€EN PROP€RTY LINES
P/L
WIDTH*
FULL FROiITsErE cx
:2
xuj
F/L
R.O.W
R.O.W
R,O.W, LINE PROPERIY tIN€
b. Nonconforming Corner lots . Nonconforming corner lots of record, in which
only one full depth setback shall be required along the shorter lot line along
the street . The setback along the longer lot line may be reduced to 15 feet,
so long as no right-of'way or right-of-way easement is included within the
reduced front yard . (See Exhibit B)
14 of l5 8/3/20.12:40 PM
Collier County. Fl- Land Development Code about:blank
ESTATES: NON.COI{FORMIIIG CORi.IER LOT
ao!t
-.,.___,+.l.A
l
,
r0s
LOT
WIOTH
I
I
I
I
I
Iv
:
:
PIL
I
FULL FBONT
SEIBACX
P,L
p,l,
B.O \{
ROW SETBACKS MEASUREO FRO'T R O.!ry L|NE
wIOTH UEASUBED EEIWEEN PBOPERTY Llr1lES
NOW LINE PROPEBTY LINE
c. Nonconforming through lots , i.e. double frontage lots , nonconforming
lots of record with double road frontage , which are nonconforming due to
inadequate lot depth, in which case, the front yard along the local road
portion shall be computed at the rate of 15 percent of the depth of the lot ,
as measured from edge of the right-of-way .
i. The nonconforming through lot utilizing the reduced frontage shall
establish the lot frontage along the local road only. Reduced frontage
along a collector or arterial roadway to serve such lots is prohibited.
Front yards along the local road shall be developed with structures
having an average front yard with a variation of not more than six feet;
no building thereafter erected shall project beyond the average line so
established.
d. Nonconforming lots of record , which are nonconforming due to
inadequate lot width , in which case the required side yard shall be
computed at the rate of ten (10) percent of the width of the lot .
(Ord. No, 06-63, $ 3.C; Ord. No. 07-67, I 3.C; Ord. No. 08-11, 5 3.D; Ord. No. 08-63, 5 3.C; Ord' No'
10-23,5 3.8; Ord. No. 12-38,5 3.8; Ord. No. 13-56,5 3.8;Ord. No. 14-40,5 2.A;Ord. No. 16-27,5 3.8)
r5'
r0,. LoT
WIOTH
ro," LoT
WTDTH
l5 of l5 8/l/2O. l2:40 PM
4
, Corfiplaint Status - CityVicw Portal https:l/cvportal.col liercountyfl .gov/CityViewWeblCodeEnforccmen...
GMD Public Portal
Complalnt Statu3
Oare:4125/2007
Notc: You (!n (olltptc rnd arpnnd in(,lvd$l *ct ont by dkking tlle har(br of t,r€ glim you wi3h to &llr95!/cxprnd.
Complrlnt lntonnrtlon
Case Numb€r:
Status:
Complaint Typc:
Descriptlon:
Loc.lity 6f Complaint:
Fropony Owner's Full Name:
2007040776
C,osed
tand Use
ICC-DESC:DISPLAYING SHEDS OFF IMMOXALEE RO IN THE FRONr OF
THE PROPERTY. THEY ARE NOI ALLOWEO TO DISPLAY ANTTHING, }
ICC-DISP:CEE 2007-l r5l
[AO-LOC:10270 IMMOI(ALEE RDIICC-1OCi10270 IMMOKAIEE RDI
FOGG JR, STANLEY.& THERESA M
Locatlont
Locations: Address
l0?20 Immoknlec RD NaQli:Jl
Property
1906!cQo6
Fccr
Plld Fcag Anount Pald Owlttg ortG Prld oGrc.lptlon
Operauonal CoGs
(cE8)
333 1.48 t331.48 Paid 05/09/2008 Op€ratlonal Costs
08107114- Forwarded
lo Enance a H€mo to
refund the operalional
costs P&id bY Fo99's
Nursery. Mrmo
attached to cas€. CEB
order was di3missed
by the Ctrcuit Court.
M599
Outst ndlng F.!r Amount Pald Owlng D.tr Plld OG.crlptlon
No ou6tandin9 rees.
Tot.l3i *33r.48 1331,48 to.0o
Total Amouflt Payable Online: t0.00
tagaay Inapactlon
IVISIT-NBR:9933831[nNAL-CONO: NONEI(REMARKS: STAN FOGG
CAI LFD ME AT8'35 AM (C.PHONE 253.T276) ANO INFORI.TEO ME HE
H-WAS SUEMI
EXHIBIT C
SchrdulcdlnspGcllonOutconra DrtG InipGctcd
Closed 4l23t2AO7 04t?3t7007L.9..y lnttrGctlon
Commefits:[VtSIT-NBR:99r750ltFliiAL-COND:itorlEllREMAnxS :OBS SHEDS
FON SALE AT FOGGS NURSERY Ofl AGN ZONED PROPERTY. DIO
EXTENSIV€ RESEAEC
Oosed 517l2OO7 ostort2ooTLag.€, lnipcctlon
Comments:
Closed slty2007
[vIsrT_NBR:99r75r1[RftAL_CONO:NO$E]IREMAR(S:T,T tlR. FOGG
ABOUT ZONIIIG VERIFICATION LET?ER, MR, TOGG SIATED
'18
WILL
SU8I.'TT LE
051 I l/2007
lof 3
L.g.cy lntoectlon
Comments:
Closed 7tLgt?0o7 07ltgl2oo7
8t3l20,l2:07 PM
Coniplaint Stalus - CityView Portal
Lcaacy ln3pcrtlon
Lcg.cy lrgp€ctlor
Lcglcy lnrpGctlon
Lcracy ln3pcctlon
n&In.pcctlon
Lcgrcy Inrpcalon
Pra haadng l.3pactlon
, la-lnrpcctloa
https;//cvportal.col I iercountyfl .govlCityViewWeb/CodeEnforcemen...
Comments:lvlSIT-NAR:998l24llrlNAL-CONO:NONE]{REMARXS:12:05-12:28 -
MS29 .- ON STTE SHEDS 51111 ON PROPERfi ANO ADVERTI5ED FOR
SALE. M
Clo*d t4122t2007 LOt2U2AO7
Comments:IVtSrT-ilBR: r007372llFINAL-CONO:NONE][REMAR.KS: 12:33-12 :40. MS29 .. ON SlrE SERVED !IR. FOGG TTONCE OF HCARING FOR
1U29107. AL
Complete 121t212007
Comments:lVIStr-NBR: l016455llrINAI-COND:lIREMARxS: J PRESENTED CASE
rO CEB. VIOIATION WAS FOUNO HE RESPONDENT MUST PAY
3331.48 IN OP€RATIONAL COSTS WTTHIN 30 DAYS, MUST NEMOVE
SHEDS IN 90 OAYS ON PAY FINE OF
'25O,OO
PER DAY TILL ABATED.
ALSO l',lUST NOTIFY COOE INVESTTGATOR WHEN THE VIOLATION lS
AMTED WtTHtN 24 HOURS. R/C MARCH 28, 2008. - MS29 IUMLC
Closed tZ.l20l2007 at
12:00 Ai1
1212012007
Comments:l2120/07...f,E€icved paprr work ,rom Mr. Fogg requesting a
rehearing strtlng that the h€aring vlolated the respondents nght to
due process and the boaldi order was contrary to the evidence.
Nollrled Superyircr Otnttni,..R/C 02! 28107
Closed
-1 .
i 8128l/2007 |ou30lzooa
Comments:lvtSlT_NBR: r002056llFINAL-COND:NONEIIREHARKS :9: 58- l0: 58
(60 MtN) MS29 -- wHrLE ON PATROL YESTERDAY OBSERVEO rHAr
SHEOS ANE ST
Violation(s) Found 01/30/2008
Comments:personal seruic€ of Notlce to determine motion of rehearing to
stanlcy fo99 for 2l2Al08
Correcdong:escd&0-li
Stttus:
Oarc Status Chrngedl
Comments:
Prohlblted UsG
Outgtandlng
Must cease all _ use at any and all
property othe{ than property zoned
lor * use ai identitled in Ordloance
04-41, as amended, Section 2.04.03,
Tables I and 2 At{D / OR Rcmove *
from unimprcved prcperty and/or
property r€gulaEd by an approved
Slte Oevelopment Plan and the
|nt€nded use in acco.dance with
Section 10.O2,03(BX5) andlor
int€nded allowable useg in 2.04.01,
Tables I aod ?
l
l
I
Non-Compliant 2/28/2008 at
l2:0O AM
03t07tzooa
Cornrnents:motion tor re hearing granted at CEB.
Non-Compliant 5l 1612oo7 03/ l 1/2008
Comments:IVISIT_NBR:9t393r lIFTNAL-COND:NONEIIREMARkS: l55UFD NOV
TO MR TOGG TO REMOVE SHEOS BY 7.19.07. MR FOGG STATEO HE
APPLIEO FOR --"r
Complete 03/ r r/2008
Comments:3/26/08, afildavit ot servitc ,nade and notice of hearing htnded to
.gnus brown ln thc fo99 offlce. she g.ve it to Mr. Fogg. (l ,rso left a
phone message on Mr. Foggs phone letttng him know I dropped the
NOH of0Also whlle on site obserued that the sheds and 5i9n for tedg
shcd was ramovcd. Plctur€s taken and placed in 9 drive.
3/l8l?008 at 03/ 1912008lI:00 AM
Comments: obGined t gubPocn! tor hearing from Jean to give to Ross' Filled out
a .mdavit ot aarvlcr.. New heiring set for Harci 27, ZAO8.
1129/2008 at
12:O0 AM
2 of 3
Rr-ln.pactlon Complcte 3l27l2OOA d.
12:00 AM
o312712408
8t3t20,12:07 PM
rr/29/2007 at
lU:00 Ail
I lnltlrl Inip.c$on
r'
Complete
Compliant 3/26/?008 at
12:O0 AM
o4t09lzaoaPo3t Hcr.lng nc-lnrpGcllon
Comments:3/?6/08 on sit. observed that the shed3 and sign for teds shed was
removed. plctune3 taken and glaced in 9 drlv€. aflidavit ot
comgliance nlled out,
3lz7noAA at
l2:O0 AM
os/28/2O08CompllootRc-lr3pectlon
Commentg:eror
Con.plaint Status - CityView Portal https://cvportal.col liercountyll.gov/C ityViewWeb/Code llnforcemcn...
CEB hearlng took place today. The board found that a violation doeg
exist. A fee of 1331.48 w.s tnturred for the operational costs of thls
prosecution, fhe violation ol tbe sheds being reiloved was abated.
cJc m,s29
CommentS:
3 of 3 8/3/20. l2:07 PM
I*_ - 1
CoiiLqs.r,.rrcr Report Title: Code Case Details
Dare. 5fZSf202O 2:50:28 PM CaselJumber CELU20100017427
Case Number:cELU2010fi117427
Case Type:Land Use
Prionty:Normal
lnspeclor:SusanaCapasso
Jurisdiclron Colller County Code Enforcemant
Orrgin Anonymous Complainl
Delail Description Weekend- veg. BEING SOLO AT PROPEHTY AND DID NOT GROW THE PRODUCT.
Location Commenls Foggs Nursery - 10270|MMOK, RD (2 Ml EAST OF Ssl) -WEEKEND--
Stalus:Closed
Oate & Time Enlered.8/2A2O1O 12:59:02 PM
Entered By:KlmberlyBrandes
Case Disposilion:Unfounded
10270lmmokalee BD Naplee, FL
eropcrry
I t soeooooe
Property JH, STANLEY & THERESA M
Business Management & Budget Office 1
Code Case Details Execution Dale 512912020 2:50:28 PM
Oesc Aaslgned Bequlred Comploted Outcome Comments
Verity Complainant KimberlyBran
dos
u23m10 8P3t2010 Complels
CE Statl Beview SusanaCapas
so
8r23P:Ofi 8t24t2010 Complele SUSANA, PLEASE ASSIGN TO WEEKEND
STAFF, THANKS. /KB
8l23l1} - Assigned to weakend stall (Woldon
Walker & Jim Kincaid) for Saturday, 8/28.
#sc46
Initial lnspection WeldonWalker 812812010 8t28t2010 No Violation
(s) Found
Weekend activity: Sat, Augusl 28lh - Plsase
check and address; note your lindings and
aciions taken in CV #SC46 08/28/2O10 On
sile observed veg.and some lruil prosent!
Spoke with property who has 8ov€ral licences
which appears to supporl business.. He
staled that he has been in busness lor year
doing ttle same business.. He look me lo
where le gro$rs his vegtable.. No violalion
lound!!! ww88
Enter Caso Disposition SusanaCapas
SO
8t28m10 881€010 Complete
Verity Conditions & Clos€ Cas€SusanaGapas
so
813112010 8l3rt2010 Complele
Uen Search/Payotl Bequesl lazarachavez 7n9m14 7t29t2014 Complele LIEN SEARCH COMPLETEO FOB Arlene
Sanchez tor Gray Robinson, P.A.
Lien Search/Payotl Bequesl anisleysanrom
an
1012712014 fiP7nO14 Complele
Vlolatlon Deocdptlon Status Entercd Correc{ed Amount Commentr
Tllla Faason Feault Compllane Flne/Day Condlllon
Business Management & Budget Otfice 2
oare; 5t29no20 2:46:11 PM CaseNurnber CENAZOIl00078l1
Statrrs lCtosed
Dare & Trme Enrered 16fi012}11 2;41:57 PM
Er)lereo BV lwebAnonymousUser
Case D,sposrr,on lNo Vlolatlon
aoor'*tfi OiiO lmmokalee RD
E"p-rrl-roooooo,t
Case Nurnber CENA2011000781 1
Case Type Nuisance Abatement
Priorrly:Normal
lnspeclorl chrlstopherambach
Colller County Code Enforcement
0rigin Publlc Portal
oelail Descriplion dumplng horllcultural materla! on slte. property doaa not carry a condltlonal use permitFOLlO
#OOI90600006 AND FOLIO #00T91881701 ARE PARCELS UTILIZED BY FOGG'S NURSERY ON
CR 846 EAST OF CR 951. FOGG ILLEGALLY OBTAINED A PERMIT TO STORE AND PROCESS
HOHTICULTURAL WASTER ON HtS 2 PROPERTIES. FOGG OID NOT INDICATE TO DEP THAT
HE HAS NOT OETAINED A "CONDITIONAL USE PERMIT" FORM COLLIER COUNTY TO
UNDERTAKE THAT ACTION. ALL AG PROPEBTIES ARE REOUIRED TO GET A CONDITIONAL
USE PERIT'IT FOB THIS TYPE LAND USE. FOGG IS ILLEGAL.
Localion Commenls:back of property (CORRECT FOLIO 190600@6)
Properly FOGG JB, STANLEY & THERESA ['l
Busrness Manaqemenl & Budget Ofltce
Coll'er;gri,.rrrt Fleport Title: Code Case Details
Jurisdiction
1
Code Case Details Execution Date 512912020 2:46:1't PM
tlesc A.sslgnod Fequlrod Comptsiled Outcoma Comments
Verily Complainanl webAnonymo
usUser
5/101201'l 6i/1&e01 1 Complete
lnspection 6t131201 1 6/15/201 t lncompl6le On sile lobserved, kom lmmokalee FlO, whal
appeared to be a very large pile o, vegilalive
debris located al the very rear ol lhis parcel.
While taking photos I observed a large earth
mover working with lhe vegilative debris. I
spoke with o$rner Stanley Fogg and asked
about lhe operation in the rear. He stated he
processes the old vegilalive debris and lums
into organic mulch lor usa on his farmed
goods on the prop€rty and also as an organic
mulch for sa[e. He said he has been running
lhis operalion lor several yoars and believes
he is allowed to do so. He said he has a
bonilied AG use and exemplion for the
properly in question and referred to the Righl
lo Farm act and lhat it is a working farm. He
said he is checked regularily by the
Department o, Environmenlal Protaclion and
also the Fire Deparlmonl. I oxplained vyill be
researching lurlher and }vould conlact him
next week to provide an updalo lo my
research. Business cards exchanged. Pholos
laken and downloaded.l researched ZLTB-
AR-11874 zoning letter and lound lhat lo be
with regard lo lhe sale of pretabricaled sheds.
I also had lo order kom Archive SlP99-26 as
isn't available in Sire and should expect it
delivered to Records Oepl by next Tuesday. I
will update the case and lollow up nsxt week.
I cant lind any oth6r rocords lor lhe use being
allowed at lhis properly , however have more
research to do-
Update Picture(s)christopheram
bach
61151201 1 6t1512011 Compl€le
Busrness Managemenl & Budget Ollice 2
christopheram
bach
Code Case Details Execution oate 512912020 2:46:11 PM
Dosc Aerlgned Roqulred Comploted Oulcome Commgntl
lnitial lnspeclion
bach
6n3m11 il24m11 lncomplete Reviewed lhe Curenl SIP S9-26 for Fogg's
Nursery and ,ind nolhing wilh regard lo a
condilional use or specilics on lhe SIP itself
tor lhe processing o, malerlal. This does not
maan it's not allowed to exisl. I lonrvarded a
requosl via email wilh all resea.ch and
questions specirically lor Zoning review to C
Perez Supervisor. I will update lhose lindings
when I receive inlormation back. (emall
attached below)
lcris,
Lecoived a complaint aboul Fogg's Nursery
located al 10270 lmmokaleo 8D was dumping
horticullural malerial on site and processing
the matorial wilhoul a condilional usa
associated wilh this type ol acllvity. I made a
sile visil and observed a large pile ol
horlicultural debris being processed by
machinsry in the very rear ol the property. I
met wilh Stanley Fogg and explained lhe
reason lor lhe visit. Ho slaled he has boen
producing organlc malerial lhis way lor
several y6sr3 now and uses lhe product on
his own organic planlings and also s€lls lo lhe
public. He also said he has routino
Inspections from DEP and lhe Fire
Deparlmont and all records are currenl. I
explainod I will need to research his SIP (99-
26) for a condilional use ass@ialed wilh the
property and will get back wilh him. My
research shows no condilional use is
associaled wilh this paroGl tor lho processing
of such malorial. Funhermora lhs area being
ulilized on the SIP shows it to bo a wooded
area. Mr. Fogg has lhres aclive Business Tax
Receipls/Occupalional Licensos and are as
tollows: Retail Sales, Grading servrce,
wholesale nursery and lawn care. I'm hoping
you can give ma some insighl as to whelher
or nol Mr. Fogg needs a cordilional use for
lhe property or would lhis type ol operslion be
allowed keeping in mind il i3 zoned AG and is
an aclive whole$alo nursery?
lnilial l*speclion Follolv-up christopheram
bach
7fiUn11 7mno11 Incomplele lle not heard word back lrom zoning at this
point in timo. lwill lollow up wilh Suporvisor
Perez upon her rslum n6xl vyeek.
lnilial lnspectlon Follow-up chrislopheram
bach
7p.6m1'.l 8t2t2011 lncomplete Ssnt rollow up 6mail lo Cristina P lor an
updale lrom zoning this moming.
lnitial lnspeclion Follow-up chrislopheram
bach
g5ln11 8t11t20't'l lncrmplele 8-1 1-201 1 lV€ not heard hack from Zoning to
date, I will meel wilh supervisor to address.
lnilial lnspoction Follow.up chrislopheram
bach
8/11/201 r u30t2011 lncomplete 8-30-l'l Spoko wilh Supervisor Perez who
advised she is in conlact wilh Ray Bellows
and some more SDP information is noeded lo
make a dolermination. Supervisor advised a
recheck be sel lor Sepl. 6th for an updale.
Business Managemenl & Budget Ollice 3
Code Case Delails Execution Dala 512912020 2:46:11 PM
llesc Aselgned Fequhed Gomple[ed Outcome Commerle
lnilial lnspeclion Follow-up cfiristopheram
bach
9nm11 9/16/201 'l lncomplele Met wilh Supervisor Perez on g-7-1 l. she
advised she was working with Ray Bellows
who neadgd lo look into a tew more things
and would gel wilh her on his findings.
lnilial lnsp€ction Follow-up chrislopheram
bach
9n3t&11 10m2s1l lncomplele spoke wilh suporvisor on 10"5-l 1 " She will
optain updale lrom building and inlorm me so
I may update lhis cas€.
lnilial lnspection Follow-up christopheram
bach
10/t02011 10t24m11 lncomplete wailing tor update.
lnilial lnspection Follow-up christopheram
bach
1AE4EO11 11fi,f2011 lncomdete 11-2-11 I mst with C Perez and all
documenlation was galhered and sent to Ray
Bellows al his requosl, Oelermination was
.eturn€d wilh more spocific queslions thal
need lo be answered with regard lo area
where lhe processing is b6ing conducted,
wh€re lho agricullural debris is comming lrom
spocilically and a lew queslions aboul lha
layoul of lhe parcel in qurstion and moro
specilics as lo lhe lypes ol business bein0
conductod kom lhe propetty. lvs galhered all
questions lo be posed with Supervisor Perez
and will mako a sito visil satly noxl w6ek to
me€t wilh Mr. Fogg. lwill update my
supervisor snd Bay BBllows accordingly.
Initial lnspection Follow-up chrislopherarn
bach
I 1/10t201 1 11t148011 lncomplele On sits and spoke wilh otrnsrs son Brandon
who slaled his lalher was not at the business
at the momenl and asked he take a message.
I asked he have his father conlac{ me to set
up a shorl me€ting lo go over lhe zoning depl.
lindings.
lnitial lnspection Follow-up chrislopherarn
bach
fin4m11 I in8ra011 lncomplele I will recheck wilh prop€tly owner atter lhe
holiday.
lnitial lnspection Fotlow-up christopheram
bach
11r28r811 1il6m11 Incomplele Re check lo meel with owner scheduled for
December 8lh 201 I.
lnilial lnspeclion Follow-up christopheram
bach
12,12.m11 1A12m11 Incomplete Meeting has been sol wilh Stanley Fogg lor
Friday Dec.16lh. lo discuss th€ complainl and
obtain more detailod inlorrnaiion about the
typo ol businoss. elc. I will update
accordingly.
lnitial lnspection Follow-up christopheram
bach
1A16r&11 1416P:011 lncompl€te meeling sel for today the l6th...l will update
accordingly.
lnitial lnspection Follow-up christopheram
bach
1?,16n011 1211612011 Violation(s)
Found
Violalion cootirmed by Flay Belows Zoning
and Planning Manager, I will issue Nolice of
Violatlori loday December 20th 201 I.
Record Violalions christopheram
bach
'tzt16t2011 12/16nO11 Complele
Addressing Review webAnonymo
usUser
1U16t201'.|6/13/201 1 Complete
Attach Piclurs(s)chri$topheram
bach
1U16t2411 1?/16t2011 Complele
Generate Nolice of Violation chrislopheram
bach
12120E.411 1?,19E.011 Complele
Business Management I Budget Office 4
Code Case Details Execution Dale 512912020 2:46:1't PM
Desc Asslgned Bequlrod Complet€d Outcome CommonlS
CE Mailing KimbedyBran
des
12mm11 '12t20t201'l Complole please mail cert and rsg.
NOV MAIL REGULAR/CEFTIFIED# 701O
27800001 8020 8493
CASE' CENA20110007811 CA-59 NOV
Fogg Jr, Slanley & Therssa M
6151 Everetl St.
Napl€s, FL 34112
CE Statl Review KimberlyBran
des
12121t2011 1?/21P:O11 Compl6te AOM atlach./kb
CENA201 1000781 1 12201 lAOM.pdf
CE Stalf Beview KimberlyBran
des
1110n412 1110t?012 ComplBte lzn7hl Rwd gcnov & attach.I$
CENA201 1000781 I 122711gcnov.pdf
Re-lnspeclion christopheram
bach
1r21nA1?ult2012 Non-
Compliant
2-1-12 lnformation has been sent lo Bay
Bellows. Awaiting dk€clion on lhis case.
Re-lnspection chrislopheram
bach
at5no12 2n7m12 Non-
Complianl
Awaiting update by Zoning Manager and
Sup€rvisor lor caso.
Re-lnspeclion christopheram
bach
3€,m12 u$no12 Non-
Complianl
no delermination lrom zoning to date.
Moniloring tor updales and case will be
updated accordingly.
Re-lnspection chrislopheram
bach
3t30t2012 415t2012 Non-
Complianl
awailing lindings lrom zoning.
Re-lnspeclion chrislopheram
bach
4t17t2012 4n9PA12 Non-
Complianl
No updates from zoning as of yet. Supervisor
Perez spoke wilh Mr. Fogg al lhe
Homeowners Associalion msoting on 4-18-
2012 to actuis€ him ol lhe condilional use
process and we were wailing on linal word
lrom Zoning and will upda16 him actordingly,
Re-lnspeclion chrislopheram
bach
5a,m12 5n412012 Non-
Complianl
No updates from Zoning lo dale. Moniloring.
Re-lnspeclion christopheram
bach
5t29t2012 5t31t2012 Non-
Complianl
No word on next step at lhis point as far as
zoning requiremenls.
Fle-lnspeclion chrislopheram
bach
6n12012 6n12012 Non-
Complianl
No Zoning updales lo dale,
Re-lnsp€ciion christopheram
bach
6r22m12 7t2t2012 Non-
Compliant
No word back to dats from Zoning. lwill put
oul a shorl RC dale so I may discuss lrilh
New Supervisor lor noxl courge o, aclion on
lhis case"
Re-lnspeclion chrislopheram
bach
78,m12 v13t2At2 Non-
Compliant
continue to monilor lor Zoning Delermination.
Re-lnspeclion christopheram
bach
7p6m12 787D01?Complianl I mel wilh J Lelerneau afld C Perez lo discuss
Ray Bellows delermination lhat would allow
lhe existence ol lho operalion within the 20%
allowable use. At this time lhe operalion
app€ars lo nol be erceeding that percentage
and no violation exists. Per J Lalernaau case
lo be closed. Follow up lo Mr. Fogg was made
by J Leleameau. Case lo be closed as no
violation-
Generale Compliance Lettor chrislopheram
bach
7ft7tn12 7E7pAe Cor$plelo
Enl€r Casa Disposition chrislopheram
bach
7/27t20'.t2 7r27m12 Complele
CE Mailing christopheram
bach
7t27P:012 7r27EOtz Complole
Verity Conditions & Close Case lelourneauj 7t27t2012 7r27r2A12 Complete
Business Management & Budget Oflice 5
Code Gase Details Execulion Dale 512912020 2:46:11 PM
Oesc Aealgned Bequlred Complded Outeome Comments
Lian Search/Payoll Hequesl lazarachavez 729t2014 7n9DO14 Complete LIEN SEAHCH COMPLETEO FOR Arlene
Sancher lor Gray Robinson, P.A.
Lien Search/Payoft Hequesl anisleysanrom
an
10t27t2014 10127t2014 Complete
Ylolatlon Deecrlptlon Status Entrad CorBctod Amounl Comilents
Land Use - Generally Conecled 1416m11 7n7EO12 So
Accumulalion ol Liltsr Conecled 1U16m11 7t27t20',t2 s0
ntle Reason Feult Compllance Flne/Day Condltlon
Business Management & Eudget Oflice 6
Cor*plaint Status - CityView Porral https:/icvponal.coll iercountyfl .gov/CityVicwWeb/CodcEnltrrcenten "..
GMD Public Portal
Complaint Status
D.re: l0/l/1012
Not€; You can colllgk lnd expand rrdlvlduil *ctroG by clicting lh€ h.ldef ot the tcttton you wish to collap*/exprnd,
Complalnt lntor'ttatlon
Case Number:
Status:
Complaint Typc:
Des(rrption:
Localily of Complaint:
Proprrty Owner's Full Nam€:
CETU2o1200l.r8t I
ClGed
Temporsry t nd U5€
.unning retall sal6 to the publk on ag:oned Propetty without
(onditional use pertnit. piiblic at risk
10270 immok.l€€ rd
rO6G .lR, STANLEY & THERESA M
Locatlonc '.
Locations: Prop€rty
140600006
Address
I {l:70 lnlrnr)knl|f RD
Inipcctlon3
Out6mG Date ln3pccted
Inltlel Inspcctlon No Vlolation(s) Found L0t02t?.0rz
Commcnts:Research conducted and reads as follows::
1) Colller county Business Taf, Receipvoccupational Lic€nses an file'
r. r9l1064- Lawn l.lalntenance b. *953072- Wholesale buslness
c,r001548 Retnil Sales.
All business Tax ReceiPts/Ocrupational Licens€s are up to date and
hrve gone through the roning approval process to conduat
busi^ess/sales at this location as an allowdble ue .ssociated with
the roning disttict afi, nu6erY oPerdtion designauon for this
property, No conditionrl us€ is ne€ded for the type of business
operatlon, curantly present at this prop€rty. Pleas€ refer to
conditional uie v3. allowtble use associated with this pror€rty under
prevlous carc , C8NA20110007811 that ds.ls with the mulching
operataon (separate issue) that has been closed as no violation was
found Stitus. Furtier rasearch Shows temporary sales for Fireworks
and BBQ sales etc. approved on a temporary usa basis allowed to
exist a5 this k rn allowable 1Jse associated with the businats at thit
Iropcdy p€r the Zonlng Ofticaal. ,he Temporary Us€ Pennits have
sp€ctnc dates of sale aoln|here from three to slx monl,l incretftents.
llrose permlts are as follows' Pt2010000637. PL2o10q01483,
ft.20110000759, P120110001422, PL2012O00889 and
pL2Of2OOOf27a belng the most recent approvdl for retail saleS ot
thir nature and ls valid through l2l0ll20l2. No violation is obseryed
dnd thii €as€ will be closcd as unfounded.
Schadul€d
t0lUzolz al
l2:00 AM
I of I fi/3/20, l2:02 PM
In3pGCtlolr
cdii{ergounet Report Title: Code Case Details
Dale. 5f29fZA2O 1:40:53 PM CaseNurnLrer: C8LU201900t2829
Case Number c8LU20190012829
Case Type Land Use
Priority Normal
lnspector:PaulaGuy
Jurisdiction:Colller County Coda Enforcement
0rgin:Complalnt
Delail Descripti0n:Foggs nursery runnlng a salvage yard at nursary localion
Localion Comments:10270 lmmokalee Rd 00190600006
Stalus Closed
Date & Time Entered:fingn0lg 4:08:20 PM
Enlered By:PaulaGuy
Case Dispositron:Unlounded
Adcjressl 1 0270 lmmokslee RD, Naples
eroperty I t soeooooe
P'"p-11y o;;;r.[r-ees TNvESTMENTS LLc
Business Management & Budget Ollice 1
Code Case Details Execution Dale 512912020 1:40:53 PM
Dgec Aoslgned Hequlrcd Completed Oulcoma Cgmments
Verify Complainanl PaulaGuy 10r23r2019 10123n019 Verilied
CE Slsfl Heview PaulaGuy 10x23t2019 1012312019 Complets Complaint received lony Migliotti 23S-253-
r282 PGf29
lnilial lnspection PaulaGuy 10n8p:019 10n88419 No Violation
(s) Found
Onsite visit did nol observe any salvage yard
debris s€e imagas. GuyPaula 10EgnO19
12:09 PM
Enter Case Disposition PaulaGuy 10128/2019 10t288A19 Complele
Atlach Piclure(s)PaulaGuy 10/28/2019 10f28t2019 Compl€le
CE Case Besearch PaulaGuy 1088t2019 1012812019 Complete Previous case hislory of numerous violalions.
Needs lurlher research lo local€ sile
devolopmenl plan. no plan localed Sire or
City view or CD Plus. research old code cases
lor more information PG#29 GuyPaula
10P.U2019 12:08 PM
lnilial lnspeclion Follow-up PaulaGuy 1061/2019 11t1t2019 No Violalion
(s! Found
(conlacl property owner. CP79) Localsd
contacl numb€r 239-352-81 81
Slan Fogg relurned my call 239'465-3257 I
advised of complainl lor lho nursory running a
salvage yard. he conlirmed he only has
agricullural materials on lhe property and
doos nol collecl or salvage any types of
melals or debris which was also my
observation whi,e onsite for initiat inspection.
GuyPaula 1110112019 4:10 PM
Enter Case Disposilion p€rezcristina 11,4m19 1 r/1512019 Complete
Verify Conditions & Cbse Case perezcrislina 1 1/1512019 'rr/158019 Complete
Vlolallon llescrlptlon Status Entered Conoctod Amount Comments
Tlde Reaaon B6sull Compllance Fine/Day Condhlon
Business Managemeni & Budget Otlice 2
COLLIER COUNTY SPECIAL MAGISTRATq
RULES AND REGULATIONS
ARTICLE T
Name
The name of this Governing Authority shall be the Collier County Special Magistrate.
ARTICLE II
Jurisdiction
The Special Magistrate has jurisdiction over those matters which are set lbrth in all
ordinances of Collier County, Florida.
ARTICLE III
Meetins Requirements
Secrion l. Regular Meetings. Regulnr meetings ofthe Special Magistrate shall be held at
least once monthly, and as required, in the Collier County Commission Chambcrs, and/or at other
times and places as needed, and determined by the Special Magistrale, The Chambers will be open to
the public at 8:15 a.m. Pre-hearing confercnce proceedings willbegin at 8:30 a.m. with hearings
commencing at 9:00 a.m.
Section 2. Records. All records of regular and special meetings or hearing shall be open
to the public.
Section 3. Procedure. Parliamentary procedure in Special Magistrate meetings shallbc
governed by the Rules and Regulations contained herein.
ARTICLE IY
Order of Business
Section l.
as follows:
The Order of Business to be fiollowed at meetings ofthe Special Magistrate is
CALI- TO ORDER-Special Magistrate Brenda Garretson presiding
Hearing Rules and Regulations
I.
A.
EXHIBIT D
I
II. APPROVAL OF AOENDA
III, APPROVAL OF MINUTES
N. MOTIONS
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATTONS
VI. PUBLIC HEARTNCS
VII. NEW BUSTNESS
A. Motions for Reduction/Abatement of Fines
B. Motions for tmposition of Fines and Lien
VIII. OLD BUSINESS
A. Motions to Amend Previously Issued Order
B. Motions to Rescind Previously Issued Order
Ix. CONSENT AGENDA
A. Request to Forward Cases to County Attorney's Oflice as Referenced in
Submitted Executive Summary
B. Request for Special Magistrate to Impose Nuisance Abatement l,iens on
Cases Referenced in Submitted Executive Summary
X. REPORTS
XI. NEXT MEETING DATE
XII. ADJOURNMENT
Section 2. The order of business may be amended, supplemented or suspended by
decision of the Special Magistrate,
ARTICLE V
lnitiation of Actions before the Special Maeisuare
Section I. Actions before the Special Magistratc shall be initiated by tho filing of a
document with the Office of the Special Magistrate by a Code Enforcement lnvestigator, Sherifls
Deputy, Domestic Animal Scrviccs Ofliccr, or other County Offrcial with ths polvcrs to issuc
2
citations, which document shall include a statement of the facts and circumstances of the alleged
violation and shall identiS the code or ordinance that has been violated. This charging document
may take the form of a Notice of Violation orof a citation. The Special Magistrate may also initiate
action based on evidence presented at a hearing.
Section 2. If the action is initiated pursuant to &e issuance of a citation, the alleged
violator may pay a fine in the amount sct forth on the citation and/or correct thc violation, or may
requost a hearing before thc Special Magistrate.
Sqption 3. The OfIice of the Special Magistrate shall assign B case number to each case
and schedule a hearing.
Section 4. The Office ofthe Special Magistrate shall send out a Notice of Hearing along
with a copy of the Rules and Regulations to the alleged violator by either certified mail, return
receipt requested, hand dclivery upon a party, posting on the properg and at the courthousc, or in any
manner authonzed as provided by the Ordinance establishing the Special Magistrate. The Office of
the Special Magistrate shall provide Notice to the issuing officer and thc alleged violator as hercin
provided at least len (10) days prior to the hearing at which the alleged violator's case will be
presented to the Special Magistrate.
Section 5. The Notice of Hearing shall inform the alleged violator that he or she is
permitted to provide an answer/response packet of information to the Office of the Special
Magistrate for distribution to the Special Magistrate at the Hearing. In order to have the information
submitted to the Special Magistrate, the alleged violator shall submit three (3) copies of his or her
information the Office of the Special Magistrate three (3) business days prior to the scheduled
hearing.
Section 6. At the discretion of the Special Magistrate, the timelines set forth in this
Article can be abbreviated or set aside by the Spccial Magistrate to address the alleged violation in
order to avoid damage to the health, safety and welfare of the cilizens of Collier County, Florida, or
in the interest ofjustice.
ARTICLE VI
Pre-heqfin g Prqqsdgres
Section l. Pre-hearing conference between parties.
The RespondenU alleged violator and Code Enforcement Investigator or other issuing officer are
required to have a pre-hearing conference prior to the scheduled hearing. At the pre-hearing
conference the following may occur:
a. The RespondenU alleged violator may be asked if he/she wishes lo contcst the
violation(s). If so, the case shall proceed on the agenda as stated in Adcle IV.
b. In lieu of a hearing, the parties may stipulate to an agreed Order by signing a
writtcn Stipulation, subject to the approval of the Special Magistrate.
3
c, If proceeding to hearing, the parties may stipulate to any facts, exhibits or other
evidence to be introduced into the record, which are not in dispute.
d. The names and addresses of witnesses to be called may be exchanged. Any facts
or evidence stipulated to shall be prescnted to the Special Magistrate along with
any pre-hearing packets, agreements or stipulations either party intends to provide
to the Special Magistrate.
Section 2. Pre-hearing Motions.
Any motion for any rcason to be filed by the Rcspondent/alleged violator or the lssuing Officer
shall be delivered to the Offrce of the Special Magistrate and thc opposing party, or their counsel,
if applicable, at least five (5) business days prior to the hearing. The person filing the motion
shall provide the Oflice of the Special Magistrate with three (3) copies of thc motion. ll'he
Sccretary to the Special Magistrate will then distribute the motions to the Special Magistrate at
the hearing. The Special Magistrate may waive the requirements set forth in the paragraph under
exccptional circumstances.
ARTICLE VII
I{earinss
Section l. Due Process.
Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Special
Magistrate is without jurisdiction to hear any ststement, argurnent or evidence allcging that any
provision of the county's ordinances is unenforceable due to eonflict with the Constitutions of the
United States or State of Florida, Florida Statutes, administrative agency regulations, other county
ordinances, or court decisions.
Section 2. Procedures.
The following procedures will be observed at hearings before the Special Magistrate:
a. Where notice of hearing has been provided in accordance with Florida Statutes,
Section 16?,12, and Collier County Ordinance # 2007 44, as amended, a hearing may proceed in the
absence of thc Respondentlalleged violator.
b. The Special Magistrate shall announce the case before hearing testimony.
c. Thc RespondenValleged violator shall state hiVher full legal name, mailing address
and physical residence.
d. If the Respondent/alleged violator is not present and is represented by a person other
thalr an attomey, the Respondent/alleged violator shall provide to the Special Magistrate proof that
the individual appearing has permission to represent him/her at the hearing.
e. Presentations of a case may be limited to tcn (10) minutes per party, including
testimony of all witnesses. If the Respondent/alleged violator believes that additional time is
required, he/she shall notifo the Secretary to the Special Magistrate prior to the scheduled hearing.
f. In those cases initiated by citation in which the Respondent/alleged violator had
requested the hearing, the Respondent/nlleged violator shall proceed first with thc presentaiion of
his4rer evidence in opposition to the facts alleged in the citation.
g. In those cases initiated by a Notice of Violation, the County shall proceed first with
the presentation of its evidence to prove that a violation has occurred.
h. Any evidence which is sought to be introduced by a party during the parry's
presentation is admitted at the discretion of the Special Magistrate and may be objected to by the
opposing side. If neccssary the Special Magistrate may grant a recess or continuance to examine said
evidcnce.
i. All persons testiffing before the Special Magistrate shall do so under sworn oarh.
j. Each side may be permitted to make brief opening statements, il rcquested. Tlre
County shall present its case and Respondent/allcged violator shall present hislher case in the order
outlined herein above at Article VII, Paragraphs f. and g. Both parties shall have an opportunity ro
cross-examine any person testiling for the opposing party.
k. Any person who can provide relevant evidence regarding an alleged violation, and
wishes to testify, should notiff the Secretary of the Special Magistrate prior to commencement of the
public hearing. Testimony may be limited to no more than five (5) minutes unlcss extended by the
Special Magistrate.
l, The Special Magistrate may question any witness (es) or call any witness (es) as
necessary.
m, The right of the parties to prcsent rebuttal evidence is discretionary with the Special
Magistrate.
n. Upon completion of all the evidence, each side may be permitted to make brief
closing arguments and the Special Magistratc shall close the hearing.
o. The Special Magistrate shall dctermine whether the County has proven by competent
substantial evidence that a violation has occurred. If the determination is made that a violation has
occuned, the Special Magistrate shall then decide what corrective action and potential fines shall be
appropriate. Ifthc Special Magistrate does not find that a violation has occurred, the charge shalt be
dismissed.
p. The Special Magistrate, upon finding a Respondent in violation. shall issue an oral
Order to Comply. setting a date certain for compliance. The Order shall contain Findings of Facr and
Conclusions of Law and state the corrective action ordered by the Special Magistrate, and the
deadline datc for compliance. The Special Magistrate may inctude in such Order a fine &mount
which will begin to accrue in the event of non-compliance by the date set for compliance. In
determining the amount of the fine, if any, the Special Magistrate shall consider the following
factors:
I ) The gravity of the violation;
2) Any potential health, safety and welfare issues;
5
3) Any actions taken by the violator to correct the violation;
4) Any previous violations committed by the violator; and
5) Any other relevant factors.
Such fine shalt not exceed One Thousand Dollars (S I,000.00) for each day the violation continues
past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for
each day the violation continues past the specified compliance date. In addition, the
Respondent/violator may be ordered to pay any operational and/or administrative costs incuned by
the County. Said Order shall be reduced to writing and mailed to the Respondenr/violaror within tcn
(10) days.
q. In the event the violation is a violation described in Section 162.06(4), Fla. Srat., the
Special Magistrate shall notiff the local governing body, which may make all reasonable repairs
required to bring the property into compliance and charge the violator the reasonable costs of repairs
along with the fine and any operational or administrative costs.
r. A party may move for a rehearing of the Special Magistrate Order, based only on the
ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling
of law, which was fundamental to the decision of the Special Magistrate. The written Motion for
Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and
sent 1o the Oflice of the Special Magistrate within ten ( I 0) days of the date the Order is rece ived by
the party, but in no event more than twenty (20) days from the date of mailing of the Order. The
Order of the Special Magistrate shall be stayed and the time for taking an appeal tolled until the
Motion for Rehearing has been disposed of and the decision received by the parties; provided,
however, that in no event shall the Ordcr be stayed for a period longerthan twenty (20) days hom the
date of the mailing of the rehearing decision.
s. The Special Magistmte shall make a determination as to whether or not to rehear the
matter and the decision shall be announced at a public meeting, reduced to uriting and rnailed to the
interested parties within t 0 days after the decision is made. If the Special Magistrate determines that
a rehearing will be granted, &e Special Magisrate may: ( I ) Schedule a hearing where the parties will
be given the opportunity of presenting evidence or argument limited by the Special magistrate to the
specific reasons for which the rehearing was granted; or (2) Modiff or revsrse its prior Order,
without receiving further evidence, providing that the change is bascd on a finding that thc prior
decision of the Special Magistrate resulted from a ruling on a question of law which the Special
Magistrate has been informed was an eroneous ruling.
t. Any aggrieved party may appeal a final Order ofthe Special Magistrate to the Circuit
Court within thirty (30) days of the execution of the Order appeated. An appeal shall not be a hearing
de novo (a new hearing), but shall be limited to appellate reviewof the record created. Filing nn
Appeal will not automatically stay the Special Magistrate's Order. A written Motion for Stay must be
submitted to the Special Magistrate with a copy to the opposing parry. The parry filing rhe appeal
will be responsible for obtaining and paying for the transcript of the proceedings.
6
ARTICLE VIII
Reduction or Abatement of Fines Prior to Imposition of Fine
Section l. A motion for Reduction or Abatement of Fines shall be in the fon'n of a
written request. The Motion should contain the following information:
&. Name, and address of named Respondent;
b. Names of all owners of the property which is the subject of the violation;
c. Physical address ofsubject property;
d. Nature of violation;
e. Description of abatement of violation and date of abatement;
f. Mitigating factors that Respondent believes warrants a reduction or abatement of
fines;
g, Any other factors the Respondent may wish to have considered by the Special
Magistrate
h. Signature of Respondent; and
i. All supporting docurnentation
ln the event the abatement could not be accomplished, the violation was not complctely abated, or
the violation was not abated in a timcly manner in accordance with thc Ordcr of the Special
Magistrate, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed
description of the efforts undertaken for abatement, the details of any diligent attempt to abate the
violation, an explanation as to why the violation was not timely abated or cannot be abated, and
supporting documenlation of the contents of the Motion.
The Respondent should provide the Oflice ofthe Special Magistmte three (3) copies of the Motion
for Reduction/Abatement of Fines, attaching all supporting documentation. A Motion for
Reduction/Abatement of Fines may be made after a violation had been abated. Under no
circurnstances may a Motion for Reduction/Abatement of Fines be made after the Special Magistrate
has authorized foreclosure by the County Attorney's Office.
Section 2. Upon proper filing of a Motion for Reduction/Abatement of Fines, the Officc
of the Special Magistrate shall set the Motion on the next available agcnda ofthe Spccial Magistrate.
The feilure of the Respondent to comply with the requirements set forth above may be grounds for
dismissal of the Motion by the Special Magistrate. Such dismissal shall be without prejudice ro the
Respondent to {ile another request in accordance with these Rules.
Section 3. Upon the proper filing of a Motion for Reduction/Abatemenr of Fines, the
Special Magistrate may consider the following factors:
a. The gravity of the violation;
b. Actions taken by the Respondent to correct the violation;
7
c. Whether there werc previous violations cornmitted by the violator;
d. The cost upon the violator to correct the violation;
e. The reasonable time necessary to corect the violation;
f. The value of the real estate compared to the amount of the fine4ien;
g. Any hardship the fine/lien would cause on the Rcspondent;
h. The time and cost incurred by Codc Enforcement to have the violation corected;
i. Any other equitable factors which would make the requested mitigation appropriate.
S€ction 4. The Respondent shall have the burden of proof to show why a fine/lien
should be reduced or abated. Thc hearing shall be conducted according to Article VII of these
Rules, where applicable.
Section 5. The Special Magistrate will not rc-hear a motion for reduction of fines
oncc a decision has been reached on a previous motion for reduction of fines.
Section 6. The Special Magistrate's decision to grant or deny mitigation of an Order
lrnposing Fineilien shall be reduced to writing and a sertified copy ofan Order imposing a fine shall
be recorded in the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real property or personal property owned by the violator in
Collier County, Florida. 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
bc a hearing de novo (a new hearing), but shall be limited to appellate review of the record created.
Filing an Appeal will not automatically stay the Special Magistrate's Order. A written Motion for
Stay must be submitted to the Special Magisrate with a copy to the opposing party. The party filing
the appeal will be responsible for obtaining and paying for the transcript of the proceedings.
SRTICLE IX
Imposition of Fines
Section L Upon the date for compliance in a written Ordcr of the Special Magistrate,
the Code Enforcement lnvestigator shall make a re-inspection to determine compliance or non-
compliance with the Order of the Special Magistrate.
Section 2. The Code Enforcement Investigator shall file an Aflidavit of Compliance
or Non-Compliance with the Secretary to lhe Special Magistrate. A copy of said Affidavit may be
sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County,
Florida.
Section 3. Upon a Motion for Imposition of Fines being filed by the County, the
Oflice of the Special Magistrate shall set the Motion for hearing belbre the Special Magistrate
with proper notice to the Respondent/violator.Any pending Motion for Abatement/Reduction of
Fines shall be set on the same date for hearing of the County's Motion, when received in a timely
manner. This hearing shall not be a trial de novo or a new hearing on the original case. The
County may present evidence of the period of non-compliance, the amount of daily fines and the
total amount of fine requested to be imposed, as well as any operational costs incurred or to be
imposed. Respondent may be given the opportunity to present any written Motion for
AbatcmcnUReduction of Fines and any testimony in support thereof. RespondenUviolator may
also, at the discrelion of the Special Magistrate, be given the opportunity to present testimony
regarding efforts made toward compliance and abatement, which may be considered as
mitigating circumstances. In rebuttal, the County may be given the opportunity to present
testi mony regardin g aggravsti ng circumstanccs.
Section 4. The Special Magistrate shall determine the amount of fines as applicable
to be imposed. In detennining the amount of the {ines, if any, the Special Magistrate shall
consider the lollowing factors:
a) The gravity of the violation;
b) Any actions taken by the violator to corrcct the violation
c) Any previous violations committed by the RespondenUviolator; and
d) Any other relevant factors
The daily fine amount to be assessed upon non-compliance shall be as designated in the Order of
the Special Magistrate in which Respondent was ordered to comply. In addition, the
Respondent/violator may bc ordered to pay any operational and/or administrative costs incurred.
In the event the violation(s) haVtrave not bcen abated at the time of the hearing on the Motion for
Imposition of fines, the Spccial Magistrate may dctcrmine if daily {ines shall continue to accruc
or if a stay is appropriate, The Special Magistrate's determination to impose operational costs
and/or fines shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be
mailed to the violator by regular U.S. mail or served upon the violator as specified by the
Ordinance.
Section 5. A certified copy of an Ordcr of Imposition of Fines shall be recorded in the
public records of Collier County, Florida, and therealler shall constitute a lien against the land on
which the violation exists and upon any other real property or personal property owned by the
violator and located in Collier County, Florida. Upon pctition to the Circuit Court, such Order
may be enforced in the same manner as a court judgment by the Sheriffs of the State, including
levy against personal property, but shall not be deemed to be a court judgment except for
enforcemcnt purposes. In the event the violation(s) haslhave not been abated at the time of the
hearing on the Motion for Imposition of Fines, the Special Magistrate may determine if daily
fines shall continue to accrue or if a stay is appropriate. A fine imposed pursuant to the party
shall continue to accrue until the violator comes into compliance or until judgment is rendered in
a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After ninety
(90) days from the filing of any such lien, which remains unpaid, the Special Magistrate rnay
authorize the attomey representing the Board of County Commissioners to forcclose on the lien.
No lien created pursuant to this ordinance may be foreclosed on real property, which is
homestead under Section 4, Article X of the Florida Constitution.
Sectio;t 6. No lien imposed pursuanl to this article shall continue for a period longer
than twenty (20) years after the cedfied copy of an Order of Imposition of Fine/Lien has been
9
rccorded, unless within that time an action to foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's fee, incurred by that party in the foreclosure
action.
ARTICLE X
MiscelLaneous
Section l. These Rules and Regulations may be revised and adopted consistent with state
statutes and county ordinances during a regular meeting.
Section 2. The Special Magistrate shall not knowingly discuss any case with any alleged
violator or with any other interested pa4y prior to the final resolution of the case.
Section 3. In the event a violation is occurring on property under multiple ownership
and/or in which there is a tenant and there is the potential that the other property owner(s)' or
tenant(s)' interest will be affected by the Special Magistrate's decision, the Code Enforcement
Investigator may include the property owner and/or tenant as Respondent to the case.
Section 4. lntervention by non-parties may be permitted ifthe non-parry has been found
by the Special Magistrate to be a person affected by the outcome of the case.
Section 5, The Special Magistrate has discretion to ask for periodic reports from County
staff as to the status of cases.
Sectiqn 6. In the event of a conflict between these Rules and Regulations and the
provisions of any ordinance(s) or statute(s) applicable to the Special Magistrate, the provisions of the
ordinance(s) or statute(s) shall prevail.
Section 7. Any case in which there has been a hearing by the Special Magistrate prior to
the adoption of these Rules and Regulations shall be govemed by the previously adopted rules and
regulations in effect at the time of the hearing.
r. THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this}t-, Oay or Nrahrrb,tr ,2016.
COLLIf,R COUNTY SPECIAL MAGISTRATE
C. Garetson
Special Magistrate
l0
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COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL CODE @reI
INTERGOVERNMENTAL RELATIONS ENFoRCEMENT
162.03 Applicability.-
(1) Each county or municipatity may, at its option, create or abotish by ordinance [oca[ governrnent
code enforcement boards as provided herein.
(2) A charter county, a noncharter county, or a municipatity may, by ordinance, adopt an atternate
code enforcernent system that gives code enforcement boards or special magistrates designaied by the
[oca[ governing body, or both, the authority to hotd hearings and assess fines against viotators of the
respective county or municipat codes and ordinances. A speciat magistrate shatt have the same stat$ as an
enforcement board under this chapter. References in this chapter to an enforcement board, except in s.
162.05, shalt include a special magistrate if the context permits.
History,-ss. 1,2, ch.80-300; s.3, ch. 82-37; s.2, ch.86-201; s. 1, ch.87-129; s.2, ch. 89-268; s. 2, ch. 99.360; s. 63, ch.
2004.1 1.
Note,-- Former s. 166.051.
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COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL CODE Chapteg
INTERGOVERNMENTAL RELATIONS ENFoRCEMENT
162.03 Local government code enforcement boards; organization.*
(1) The locat governing body may appoint one or more code enforcement boards and [ega[ counsel for
the enforcement boards. The tocat governing body of a county or a municipatity that has a population of
less than 5,000 persons may appoint five-member or seven-member code enforcement boards. The tocat
governing body of a county or a municipatity that has a poputation equal to or greater than 5,000 persons
must appoint seven-member code enforcement boards. The tocat governing body may appoint up to two
atternate members for each code enforcement board to serve on the board in the absence of board
members.
(2\ Members of the enforcement boards shalt be residents of the municipatity, in the case of municipal
enfcrcement boards, or residents of the county, in the case of county enforcement boards. Appointments
shatt be made in accordance with appticabte law and ordinances on the basis of experience or interest in
the subject matter jurisdiction of the respective code enforcement board, in the sote discretion of the
locat governing body. The membership of each enforcement board shall, whenever possible, inctude an
architect, a businessperson, an engineer, a general contractor, a subcontractor, and a reattor.
(3Xa) The initiat appointments to a seven-member code enforcement board shatt be as fottows:
1. Two members appointed for a term of I year each.
2. Three members appointed for a term of 2 years each.
3. Two members appointed for a term of 3 years each.
(b) The initiat appointments to a five-member code enforcement board shatt be as fottows:
1. one member appointed for a term of 1 year.
7.. Two members appointed for a term of 2 years each.
3. Two rnembers appointed for a term of 3 years each.
Thereafter, any appointment shatl be made for a term of 3 years.
(c) The [ocat governing body of a county or a municipatity that has a population of less than 5,000
persons may reduce a seven'member code enforcement board to five members upon the simuttaneous
expiration of the terms of office of two members of the board.
(d) A member may be reappointed upon approvat of the [ocat governing body.
(e) An appointment to fitt any vacancy on an enforcement board shall be for the remainder of the
unexpired term of office. lf any member faits to attend two of three successive meetings without cause
and without prior approvat of the chair, the enforcement board shatt declare the member's office vacant,
and the local governing body sha[[ promptty filt such vacancy'
(f) The rnembers shatt serve in accordance with ordinances of the [oca[ governing body and may be
suspended and removed for cause as provided in such ordinances for removal of members of boards.
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(4) The members of an enforcement board shatl elect a chair, who shatt be a votinE member, from
among the members of the board. The presence of four or more members shatt constitute a quorum of any
seven-member enforcement board, and the presence of three or more members shatl constitute a quorum
of any five-member enforcement board. Members shatl serve without compensation, but may be
reimbursed for such travet, mileage, and per diem expenses as may be authorized by the [oca[ governing
body or as are otherwise provided by taw.
{5} The tocal governing body attorney shatt either be counset to an enforcement board or shall
represent the municipality or county by presenting cases before the enforcement board, but in no case
shatt the locat governing body attorney serve in both capacities.
History. 5. 1, ch. 60.300; s. 5, ch, 82-17; s. 4, ch. 86'201; s. Z, ch. 87-129; s. {, ch. 89-268; s. l, ch. 94'291; s. 144'l ' ch.
95-147.
Note. Former s. 166.055.
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ChapterCOUNTY ORGANIZATION AND
INTERGOVERNMENTAL RELATIONS
162.06 Enforcementprocedure.-
t1 ) lt shatt be the duty of the code inspector to initiate enforcement proceedings of the various codes;
however, no member of a board shatl have the power to initiate such enforcement proceedings.
(2', Except as provided in subsections (3) and (4), if a viotation of the codes is found, the code
inspector shatl notify the violator and give him or her a reasonable time to correct the viotation. Shoutd
the viotation continue beyond the time specified for correction, the code inspector shatt notify an
enforcement board and request a hearing. The code enforcement board, through its clericat staff, shatl
schedute a hearing, and written notice of such hearing shatt be hand delivered or maited as provided in s.
167.12 ro said viotator. At the option of the code enforcement board, notice may additionalty be served by
pubtication or posting as provided in s. 162.12. lf the viotation is corrected and then recurs or if the
viotation is not corrected by the time specified for correction by the code inspector, the case may be
presented to the enforcement board even if the viotation has been corrected prior to the board hearing,
and the notice sha[[ so state.
(3) lf a repeat viotation is found, the code inspector shatt notify the viotator but is not required to gfve
the violator a reasonable time to correct the viotation. The code inspector, upon notifying the viotator of a
repeat violation, shatt notify an enforcement board and request a hearing. The code enforcement board,
through its ctericat staff, shatl schedute a hearing and shall provide notice pursuant to s. !!!!]. The case
may be presented to the enforcement board even if the repeat violation has been corrected prior to the
board hearing, and the notice shatt so state. lf the repeat viotation has been corrected, the code
enforcement board retains the right to schedute a hearing to determine costs and impose the payment of
reasonabte enforcement fees upon the repeat violator. The repeat viotator may choose to waive his or her
rights to this hearing and pay said costs as determined by the code enforcement board.
(4) lf the code inspector has reason to believe a viotation or the condition causing the viotation
presents a serious threat to the pubtic heatth, safety, and wetfare or if the viotation is irreparabte or
irreyers'ible in nature, the code inspector shatt make a reasonabte effor! to notify the viotator and may
immediatety notify the enforcement board and request a hearing.
(5) lf the owner of property that is subject to an enforcement proceeding before an enforcement
board, special magistrate, or court transfers ownership of such property between the time the initial
pteading was served and the time of the hearing, such owner shatl:
(a) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee.
(b) Deliver to the prospective transferee a copy of the pteadings, notices, and other materiats retating
to the code enforcement proceeding received by the transferor'
(c) Disclose, in writing, to the prospective transferee that the new owner witt be responsible for
compliance with the appticabte code and with orders issued in the code enforcement proceeding.
Chap;191_11i2
COUNW OR MUNICIPAL CODE
ENFORCEMENT
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(d) File a notice with the code enforcement officiat of the transfer of the property, with the identity
and address of the new owner and copies of the disctosures made to the new owner, within 5 days after
the date of the transfer.
A faiture to make the disctosures described in paragraphs ta), (b), and (c) before the transfer creates a
rebuttable presumption of fraud, lf the property is transferred before the hearing, the proceeding shalt not
be dismissed, but the new owner shatt be provided a reasonable period of time to correct the violation
before the hearing is hetd.
Hiitory" -s. '1. ch. 80-300; s. 5, ch. 86-201; s. 1, ch. 87-391; s. 5, ch. 89-268; s. 2, ch. 94-291; s. 1442, ch.95-1471 s. 2, ch.
96-385: s. 4, ch. 99-160; s.64, ch. 2004-11.
Note. Former s. 166.056.
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COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL CODE Chaptel
INTERGOVERNMENTAL RTLATIONS ENFSRCEMENT
162,41 Conduct of hearing.*
(1) Upon request of the code inspector, or at such other times as may be necessary, the chair of an
enforcement board may catl a hearing of an enforcement board; a hearing atso may be catled by written
notice signed by at teast three members of a seven.member enforcement board or signed by at [east two
members of a five-member enforcement board, Minutes shatt be kept of att hearings by each enforcement
board, and a( hearings and proceedings shatt be open to the pubtic. The locat governing body shatt provide
clericai and administrative personnet as may be reasonabty required by each enforcement board for the
proper performance of its duties.
(2) Each case before an enforcement board shatt be presented by the local governing body attorney or
by a member of the administrative staff of the local governing body. lf the [ocal governing body prevaits in
prosecuting a case before the enforcement board, it shatt be entitled to recover atl costs incurred in
prosecuting the case before the board and such costs may be inctuded in the lien authorized under s.
162.0e{3).
(3) An enforcement board shatl proceed to hear the cases on the agenda for that day. Atl testimony
shatt be under oath and shatl be recorded. The enforcement board shatl take testimony from the code
inspector and atteged violator. Formal rules of evidence shalt not appty, but fundamental due process shatl
be observed and shall govern the proceedings.
t4) At the conctusion of the hearing, the enforcement board shall issue findings of fact, based on
evidence of record and concturions of law, and shatt issue an order affording the proper retief consistent
with powers granted herein. The finding shalt be by motion approved by a majority of those rnembers
present and voting, except that at least four members of a seven-member enforcement board, or three
members of a five-member enforcement board, must vote in order for the action to be officiat. The order
may inctude a notice that it must be comptied with by a specified date and that a fine may be imposed
and, under the conditions specified in s. 162.09(1), the cost of repairs may be inciuded along with the fine
if the order is not comptied with by said date. A certified copy of such order may be recorded in the pubtic
records of the county and shall constitute notice to any subsequent purchasers, Successors in interest, or
assigns if the viotation concerns reat property, and the findings therein shatt be binding upon the violator
and, if the viotation concerns reat property, any subsequent purchasers, successors in interest, or assigns.
lf an order is recorded in the pubtic records pursuant to this subsection and the order is complied with by
the date specified in the order, the enforcement board shalt issue an order acknowtedging comptiance that
shatl be recorded in the pubtic records. A hearing is not required to issue such an order acknowtedging
comptiance.
Hlrtory. s. l, ch.8O-300i s.6, ch.82-37: s.44, ch. 83'2.171 s' 6, ch' 86'?0ll s' 6, ch.89-?68;5. l, ch.94"291; s. 1443' ch,
95-147; s. Z, ch. 95.297.
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COUNTY ORGANIZATION AND COUNTY OR MUNICIPAL CODE Chagg
INTERGOVERNMENTAL RELATIONS ENFoRCEMENT
152.08 Powers of enforcement boards,-Each enforcement board shatl have the power to:
(1 ) Adopt rutes for the conduct of its hearings.
(2) Subpoena atteged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of
the county or potice department of the municipatity.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) lssue orders having the force of taw to command whatever steps are necessary to bring a violation
into compliance.
Hirtory..*s. 1, ch. 80-300: s. 7, ch. 82-37: s. 7. ch. 86'201; s. 7' €h' 89-268.
Note.- Former s. 166.058.
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g
Ct)ilier County. FL Code of Ordinances
Sec. 2-2025. - Enforcement procedures.
Matters brought to the Enforcement Board not sitting as a Nuisance Abatement Board, or to the
Special Magistrate, shall be scheduled on the applicable agenda consistent with the following
procedures:
(1) Alleged violations of any code or ordinance may be filed with the Code
Enforcement Department by citizens or those administrative officials who have
the responsibility of enforcing the various codes and ordinances in force in
Collier County.
(2) lf a violation(s) of a code or ordinance is believed to exist, the Code Enforcement
Officer shall provide notice and specify a reasonable time to correct the
violation(s). Notice shall be given in writing and shall specifiT the alleged
violation, the required corrective action and the time period for correction.
(3) Should any violation continue beyond the time specified for correction, the
Secretary to the Enforcement Board or Special Magistrate shall give notice to
the Violator that a hearing will be conducted concerning the alleged violation(s)
as noticed. The notice shall state the time and place of the hearing, as well as
the violation(s)which are alleged to exist.
(4) lf the violation is corrected and then reoccurs, or if the violation is not corrected
by the time specified for correction in the notice, the Code Enforcement Officer
may either issue a citation or schedule the case for hearing, and the notice of
hearing shallso state. lf the Code Enforcement Officer initiates the hearing
process, the case may be brought for hearing even if the violation has been
corrected prior to hearing, and the notice of hearing shall so state.
(5) lf the code Enforcement officer has reason to believe a violation or the
condition causing the violation presents a serious threat to the public health,
safety and welfare or if the violation is irreparable or irreversible in nature, the
Code Enforcement Officer shall make a reasonable effort to notii/ the Violator
and may immediately notiry the Enforcement Board or Special Magistrate and
request a hearing. Under such circumstances, the Code Enforcement Officer
shall not be required to adhere to the notice and time requirements as set forth
above.
(6) lf a repeat violation is found, the Code Enforcement Officer shall notify the
Violator but is not required to give the Violator reasonable time to correct the
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violation. The Code Enforcement Officer, upon notif,/ing the Violator of a repeat
violation, may request a hearing. The Code Enforcement Department shall give
notice to the Violator as set forth in this Ordinance. The case may be brought
for hearing even if the repeat violation has been corrected prior to hearing, and
the notice of hearing shall so state,
(7) lf the owner of property which is subject to an Enforcement Board or Special
Magistrate proceeding transfers ownership of such property between the time
the notice of violation was served and the time of the hearing, such owner shall:
a. Disclose, in writing, the existence and the nature of the proceeding to the
prospective transferee;
b. Deliver to the prospective transferee a copy of the notices and other
materials relating to the code enforcernent proceeding received by the
Violator/transferor;
c. Disclose, in writing, to the prospective transferee that the new owner will
be responsible for compliance with the applicable code and with orders
issued in the Enforcement Board or Special Magistrate proceeding; and
d. File a notice with the Code Enforcement Department of the transfer of the
property, with the identity and address of the new owner and copies of the
disclosures made to the new owner, within five days after the date of the
transfer.
A failure to make the disclosure described above and before the transfer
creates a rebuttable presumption of fraud. lf the property is transferred
before the hearing, the hearing shall not be dismissed, but the new owner
shall be provided a reasonable period of time to correct the violation
before the hearing is held.
(Ord. No.2010-04,51)
Sec. 2-2028. - Subpoena procedures for Enforcement Board, Nuisance Abatement Board, and Special
Magistrate.
(a) Every subpoena for testimony before an Enforcement Board, Nuisance Abatement
Board or Special Magistrate shall be approved in advance of issuance by the
Enforcement Board, Nuisance Abatement Board or Special Magistrate, respectively.
Each subpoena shall state the name of the Enforcement Board, the title of the action,
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the case number of the action, the name and address of the person to whom the
subpoena is issued, and the time, place and location of the hearing at which the
person is directed to appear, and shall be prepared by the party requesting issuance.
(b) A subpoena for production of documentary evidence may also be issued to
command the person to whom it is directed to produce the books, papers,
documents or tangible items designated therein. The Enforcement Board, upon
motion made timely and in any event at or before the time specified in the subpoena
for compliance therewith, may: {1} quash or modify the subpoena if it is
unreasonable or oppressive; or (2) condition denial of the motion upon the
advancement by the person on whose behalf the subpoena is issued of the
reasonable cost of producing the requested books, papers, documents or tangible
items.
(c) A subpoena may be served by any person authorized by law to serve process or by
any other person who is not a party to the action and who is not less than 18 years of
age. Proof of such service shall be made by affidavit of the person making service if
not served by an officer authorized by law to do so. Proof of service shall be filed with
the Secretary of the Enforcement Board. The party at whose request the service is
made shall make payment of any service fee,
(d) Persons subpoenaed shall be entitled to a witness fee and mileage compensation as
provided for in F.S. 5 92.142. The cost of the witness fee and mileage compensation
shall be borne by the party at whose request the subpoena is issued and shall be
paid to the witness at or before the time of service of the subpoena.
(Ord. No.2010-04, S 1)
Sec. 2-2029. - Conduct of hearing.
ta) Hearings relating to violations of local codes and ordinances shall be conducted in
the following manner whether being held by the Code Enforcement Board, Nuisance
Abatement Board or Special Magistrate:
(1) Upon request of the Code Enforcement Officer, or at such times as may be
necessary, a hearing before the Enforcement Board or Special Magistrate may
be convened.
(21 All hearings shall be open to the public and any person whose interests may be
affected by the matter before the Enforcement goard shall be given an
opportunity to be heard. Official minutes of all hearings shall be kept.
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(3) Hearings may be informal and need not be conduded in accordance with the
technical rules relating to evidence and witnesses. They shall, however, be
conducted in accordance with accepted parliamentary procedures relative to
motions, votes and decisions. Fundamental due process shall be observed and
shall govern all hearings.
(4) At the hearing, the burden of proof shall be upon the Prosecutor to show by a
preponderance of the evidence that a violation(s) does exist and that the
Violator committed, or was responsible for maintaining or allowing the violation
to continue.
(5) Where notice of the hearing has been provided to the Violator as provided for
herein, a hearing may be conducted and an order rendered even in the absence
of the Violator.
(6) All testimony shall be under oath and shall be recorded by a certified court
reporter and/or a recording instrument. The Violator may cause the
proceedings to be recorded by an independent certified court reporter.
(71 All relevant evidence shall be admitted if, in the opinion of the Enforcement
Board or Special Magistrate, it is the type of evidence upon which reasonable
persons would normally rely in the conduct of business affairs, regardless of the
existence of any common law or statutory rule which might make such evidence
inadmissible over objection in civil actions. Any part of the evidence may be
received in written form.
(8) Hearsay evidence may be accepted for the purpose of supplementing or
explaining any direct evidence, but such hearsay evidence shall not in and of
itself be considered sufficient to support a finding or decision.
(9) Each party to the hearing shall have the right to call and examine witnesses,
introduce exhibits, cross-examine opposing witnesses, impeach witnesses and
rebut evidence. The Violator may be represented by legal counsel at all
hearings.
(10) At the conclusion of the hearing, an Order shall be issued. Orders shall be based
on competent and substantial evidence entered into the record, and must be
based on a preponderance of the evidence. The decision shall then be sent, by
regular First Class United States Mail, to the Violator in the form of a written
Order including findings of fact and conclusions of law based on evidence of
record.
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(11) Should an Enforcement Board or Special Magistrate be unable to issue a
decision immediately following any hearing because of questions of law or other
matters of such nature that a decision cannot be immediately made, the
Enforcement Board may withhold issuing its decision until a subsequent
meeting, and the Special Magistrate may withhold issuing his or her decision for
a period not exceeding thirty (30) days. ln such a case, further discussion of the
pending matter and all deliberations relating thereto by members of an
Enforcement Board shall occur at a public meeting of the Enforcement Board.
The Enforcement Board or Special Magistrate shall thereafter issue its decision
pursuant to subsection (aX10) of this Section.
(12) A certified copy of such order may be recorded in the public records of Collier
County and shall constitute notice to any subsequent purchasers, successors in
interest, or assigns as the violation(s) concern(s) real property, and the findings
therein shall be binding upon the Violator and, if the violation(s) concern(s) real
property, any subsequent purchasers, successors in interest, or assigns.
(13) lf Collier County prevails in prosecuting a case before the Enforcement Board or
Special Magistrate, it shall be entitled to recover all costs incurred in prosecuting
the case, including costs incurred by the County in enforcing its codes and
ordinances, and all costs of repairs incurred by the County. Whether and to
what extent such costs are imposed shall be within the discretion of the
Enforcement Board or Special Magistrate, but shall not exceed the costs
incurred.
(b) SpecialAdditional Rules for Nuisance Abatement Board. The Collier County Code
Enforcement Department shall present cases before the Nuisance Abatement Board.
The Collier County Sheriff's Office shall only be responsible for receiving and
investigating complaints, sharing said investigative information with the Code
Enforcement Department, notirying the Code Enforcement Department of the need
to schedule hearings, assisting Code Enforcement Department staff in serving any
notices required under this Ordinance, and making available investigative witnesses
at Nuisance Abatement Board hearings. Where appropriate, the public may be given
an opportunity to present oral or written communications, in which event all parties
shall be given an opportunity to cross-examine, challenge, or rebut said material.
After considering all evidence, the Nuisance Abatement Board may declare the place
or premises to be a public nuisance, as defined by applicable County ordinances and
Florida Statutes, and may enter an order immediately prohibiting:
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iollier County, FL Codc of 0rclinances
(Ord. No. 2010-04, 5 1)
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(1) The maintaining of a nuisance;
(2) The operating or maintaining of the place or premises, including the closure of
the place or premises or any part thereof;
(3) The conduct, operation or maintenance of any business or activity on the
premises which is conducive to such nuisance.
An Order entered under subsection (b) shall expire after one year or at such
earlier time as stated in the Order. The Nuisance Abatement Board may retain
jurisdiction to rnodifu its Orders prior to the expiration of said Orders. The
Nuisance Abatement Board or any other authorized person, may bring a
complaint under F.5. E 60.05, seeking a permanent injunrtion against any public
nuisance,
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