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CESM Orders 10/2020 Cotter County 12-f-Wat 1°/triz" Growth Management Department Code Enforcement Division DATE: September 28, 2020 TO: Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wvwv.coliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20190011460 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, INSTR 5934464 OR 5826 PG 2586 RECORDED 10/7/2020 10:45 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Petitioner, COLLIER COUNTY FLORIDA REC$27.00 vs. IRIS LABRIE, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 8,2020,and the Special Magistrate,having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. On December 6, 2019,Respondent was found in violation of Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(15),by having a koi pond on residential property that is not being properly maintained, allowing the water in the pond to become green in color. 2. This violation occurred on property owned by the Respondent and located at 266 6th Street West, Bonita Springs, FL 34134, Folio No. 55901120005. 3. Respondent was ordered to abate the violation on or before March 6, 2020 or a fine of $250.00 per day would be assessed for each day the violation continued thereafter until abatement could be confirmed. (A copy of the Order is recorded at OR 5726, PG 3249) 4. The violation was not abated for the period from March 7,2020 to June 10,2020(96 days) during which time fines accrued at the rate of$250.00 per day for a total fine amount of $24,000.00. 5. Previously assessed operational costs of$111.80 incurred by the County in the original prosecution of this case have been paid. 6. Operational Costs for today's hearing are $111.80. 7. Respondent, having been duly noticed for the public hearing regarding the County's Motion, were not present at the hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Based on the abatement of the violations,no accrued fines are imposed. B. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this day of July 2020 at Naples,Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ► . C'1PAARcE- eee. __ AC. Gh PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. •• I,Crystal K.Kinzel,CIr lc-e1 Cj i:.and for.;.flier C^unty do hearby,erYty,:.at ttrt;<atx,eirrstrun.:nt is a true a..i eerrect copy.f;h• • in I fit in -:;tier ty,Florida Da C , Deputy Clark Data: __ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S. Mail on this 02/ day of July,2020 to Respondent, Iris Labrie, PO Box 2365, Bonita Springs, FL 34134. J)K-Z1L /3eltf—Wiejy Code Enforcement Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20200006163 / BOARD OF COUNTY COMMISSIONERS INSTR 5934465 OR 5826 PG 2589 COLLIER COUNTY,FLORIDA, RECORDED 10/7/2020 10:45 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Petitioner, COLLIER COUNTY FLORIDA REC$27.00 vs. SIERRA MEADOWS PROPERTY INC., Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 4,2020,and the Special Magistrate, having received evidence and heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusion of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent is the owner of the real property located at 7010 Sierra Club Circle,Naples FL 34113, Folio No. 73620100029. 2. Respondent, SIERRA MEADOWS PROPERTY INC.,who was duly notified of the date of hearing by certified mail and posting,did not appear at the public hearing. 3. The real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-240(2)(a), in the following particulars: Deep potholes in the road. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(2)(a). B. Respondent is ordered to pay operational costs incurred by the County for the prosecution of this case in the amount of$111.65 on or before October 4,2020. C. Respondent must abate the violation by: Repairing all potholes in the road on or before September 11,2020 or a fine of$250.00 per day will be imposed until the violation is abated. D. Respondent is also ordered to pay a civil penalty in the amount of$100.00 for the first repeat offense of the ordinance as noted in the Notice of Violation on or before October 4,2020. E. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm compliance. The notice to the Investigator shall be by phone or fax during the workweek. If the abatement or compliance occurs 24 hours prior to a Saturday, Sunday or legal holiday,the notice shall be made on the next business day that is not a Saturday, Sunday or legal holiday. F. If Respondent fails to abate the violation and comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriffs Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 44 day of September 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C. GAR SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. I,Crystal K.Kinzel,Clerk of Courts t:.and for.;ollier C'+unty do hearby ertify„,at the&x ie iistrun...nt is a true a,.]correct copy of the original filed'n Viler County,Florida By: eputy Clerk Data: L''yy ` Rio$i •�,� '' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this /5- day of September, 2020 to Respondent, Sierra Meadows Property Inc, 12580 University Drive, Suite 102, Fort Myers, FL 33907. Code Enforcement Official Colter County Growth Management Department Code Enforcement Division DATE: October 19, 2020 TO: Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. �•may J( Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.coliergov.net INSTR 5942928 OR 5834 PG 1370 COLLIER COUNTY CODE ENFORCEMENT RECORDED 10/23/2020 9:59 AM PAGES 4 SPECIAL MAGISTRATE CLERK E OFRCO THE CIRCUIT COURT AND COMPTROLLER COLLIUNTY Case No.—CEV20200005814 REC$35.50 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. FORTINO MENDEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 2, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent is the owner of the subject property located at 3610 White Blvd.,Naples,FL 34117, Folio No. 37987760009. 2. Respondent, FORTINO MENDEZ,was duly notified of the date of hearing by certified mail and posting,but did not appear at the public hearing,having entered into a Stipulation that resolved all outstanding issues between the parties. 3. The real property owned by Respondent is in violation of Collier County Code of Laws and Ordinances,Chapter 130,Article III, Section 130-95, in the following particulars: Multiple inoperable vehicles on an estates zoned parcel. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130-95,by having unlicensed and/or inoperable vehicles on his property. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.70 on or before November 2,2020. C. Respondent is ordered to abate all violations by one of the following options: 1. Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, OR 2. Store said vehicles within a completely enclosed structure,and/or repair defects so each vehicle is immediately operable, OR 3. Remove offending vehicles from residentially zoned area on or before October 9,2020,or a fine of$50.00 a day will be imposed and shall accrue until the violation has been abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed by Code Enforcement to confirm compliance. The notice to the Investigator shall be by phone or fax during the workweek.If the abatement or compliance occurs 24 hours prior to a Saturday, Sunday or legal holiday,the notice shall be made on the next business day that is not a Saturday, Sunday or legal holiday. E. If Respondents fail to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 44.6 day of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerk of Courts i,.and for,;oltier C-unty do hearby.,ertify,:,at the abc re irstrur..1t is a true a.J correct copy of on inal led in s'lier County,F orida By: • Deputy Clerk 44 t " IAC. G• " SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples,FL.34104,phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEV20200005814 FORTINO MENDEZ Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Fortino Mendez, on behalf of Fortino Mendez enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20200005814 dated the 2nd day of June 2020. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 2nd, 2020; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure, and/or repair defects so vehicle is immediately operable or remove offending vehicles from residentially zoned area within 7 days of this hearing or a fine of $50.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into complian and may use the assistance of the Collier County Sheriff's Office to enforce the ovisions of . reement and all costs of abatement shall be assessed to the property owner. Re ative (sign) G'rts-1liNa. 1e-U'CZ , Supervisor for Michael Ossorio, Director Code Enforcement Division ‘fLZ 10 - 2. 202p R pondent or Repres tative (print) Date te' Date REV 3-29-16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this \(j""day of October, 2020 to Respondent Fortino Mendez, 3610 White Blvd,Naples, Fl 34117. ode En cem t Official COLLIER COUNTOY CODE ENFORCEMENT INSTR 5942927 OR 5834 PG 1366 SPECIAL MAGISTRATE RECORDED 10/23/2020 9:59 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 Case No.—CEROW20170015842 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ELIZABETH FOX, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 2, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent is the owner of the subject property located at 110/122 Ridge Drive,Naples, FL 34108, Folio No. 67184800004. 2. Respondent, ELIZABETH FOX,was represented at the hearing by Attorney Noel J. Davies, but was not present, having entered into a Stipulation that resolved all outstanding issues between the parties. 3. The real property owned by Respondent is in violation of Collier County Code of Laws and Ordinances, Chapter 110,Article II, Section 110-31(a)and Section 110-32, in the following particulars: Failed culvert pipes under the driveways along Ridge Drive and a failed/blocked drainage culvert/swale along the north side of the property between Ridge Drive and Goodlette-Frank Road,impeding stormwater flow. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 110,Article II, Section 110-31(a)and Section 110-32, by having failed culvert pipes under the driveways along Ridge Drive and a failed/blocked drainage culvert/swale along the north side of the property between Ridge Drive and Goodlette-Frank Road, impeding stormwater flow. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.80 on or before November 2,2020. C. Respondent is ordered to abate all violations by obtaining all required Collier County building permits or a demolition permit, all inspections and a Certificate of Completion/Occupancy for the failed culvert pipes under the driveways along Ridge Drive and by removing the offending materials along the north side of the property on or before April 2,2021,or a fine of$200.00 per day will be imposed and shall accrue until the violation has been abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance to request a final inspection to be performed by Code Enforcement to confirm compliance. {The notice to the Investigator shall be by phone or fax during the workweek.If the abatement or compliance occurs 24 hours prior to a Saturday,Sunday or legal holiday,the notice shall be made on the next business day that is not a Saturday,Sunday or legal holiday}. E. If Respondents fail to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 4(Ci.day of October 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal K.Kiniel,Clerk of Courts ir.aird for jollier Cunty SPECIAL MAGISTRATE de heart „arfify,,iat.the abcre i.stnrre,;it is a true a ;correct copy o . e g' a filed i Cr'lier County,F onda , Deputy Cleric Data: b411 V RENDA C. G• '4'4 SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples,FL 34104, phone#(239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. ' f v BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEROW20170015842 Elizabeth Fox Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Elizabeth Fox, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20170015842 dated the 19th day of December 2019. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 2nd 2020; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 111.80 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the failed culvert pipes under the driveways along Ridge Drive and removing the offending material along the north side of the property within 180 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violati into compliance and may use the assistance of the Collier County Sheriffs Office to enforce th �rovi ons of this agreement and all costs of abatement shall be assessed to the property owner. / Respondent or Representative_ (sign)/ W. Eric Short, Supervisor for Michael Ossorio, Director Code Enforcement Division (')> /6) 02o al a Respondent or Representative (print) Date I0 — i - ? o Date CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and coffL�'ect copy of this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S. Mail on this\(i day of October,2 0 to Respondent, Elizabeth Fox, 110 Ridge Drive,Naples, FL 34108. ode Enf cem Official COLLIER COUNTY CODE ENFORCEMENT INSTR 5942929 OR 5834 PG 1374 SPECIAL MAGISTRATE RECORDED 10/23/2020 9:59 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Case No.—CEROW20190009459 REC$35.50 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. ANGELO LUCARELLI and GAIL M. LUCARELLI, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on August 7, 2020, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact,Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents,ANGELO LUCARELLI and GAIL M.LUCARELLI,are the owners of the subject real property located at 795 100th Avenue N.,Naples, Florida 34108,Folio No. 62783560009. 2. Respondents were duly notified of the date of hearing by certified mail and posting but did not appear at the hearing,having entered into a Stipulation with the Petitioner resolving all the outstanding issues. 3. The subject real property owned by Respondents is in violation of the Collier County Code of Laws and Ordinances, Chapter 110,Article II, Section 110-31(a) in the following particulars: Digging in preparation for replacement of culvert pipe without required Collier County permits,inspections and certificate of completion/occupancy. 4. The violation was not abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 110,Article II, Section 110-31(a). B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before September 7,2020. C. Respondents are also ordered to abate the violation by obtaining all required Collier County Right-of-way permits and inspections through final approval,and/or remove all offending materials from the right-of-way for any activity not permitted with a valid Collier County Right-of-Way permit on or before October 7,2020 or a fine of$150.00 per day will be imposed until the violation has been abated. D. Respondents must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. E. If the Respondents fail to abate the violation as ordered,the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order,and all costs of abatement shall be assessed to the property owners. DONE AND ORDERED on this tday of August 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT l CrystalSPECIAL MAGISTRATE K.Knzel,Clerk of Cr. i`•and fort ler Ciic do hearbY .•h„lat the�t;:e i..strum.A is a true ar.i correct copy of'he;�q ,e,i r er ounty,F•rida D uty Clerk Data: Wilari rik• n I 1 11 e ., 'aUfte t NDA C.GA' '+ TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CEROW20190009459 Angelo Lucarelli and Gail M. Lucarelli Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Angelo and Gail M. Lucarelli, on behalf of themselves, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20190009459 dated the 6th day of August, 2019. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 7th 2020; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation, digging in preparation of replacing a culvert pipe without required collier county permits, inspections and certificate of completion/occupancy are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Right-Of-Way permit(s) and inspections through final approval, and/ or remove all offending materials from the right-of-way for any activity not permitted with a valid Collier County Right-Of-Way permit within 60 days of this hearing or a fine of$150.00 per day will be imposed until the violation is abated 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ...Lco..sa Respondent or Representative (sign) (iJ• Lr' C sti oc;-, Supervisor for Michael Ossorio, Director Code Enforcement Division 1/111 642a f.. C �g�o VOZO 610 Respon nt or Representative (print) Date REV 3-29-16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 1ci'"'day of August, 2020 to Respondent(s), ngelo Lucarelli and Gail Lucarelli,400 Euclid Ave,Naples, FL 34]]0. Code Enf eme Official Cotter County Growth Management Department Code Enforcement Division DATE: October 22, 2020 TO: Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030, Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. c'riuN Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•vvvwd.calhergov.net r INSTR 5945655 OR 5837 PG 312 RECORDED 10/29/2020 9:23 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA REC$35.50 SPECIAL MAGISTRATE Case No.—CELU20170010987 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. FORTINO MENDEZ, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate October 2, 2020, and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues her Findings of Fact,Conclusion of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent is the owner of the real property located at 3610 White Blvd.,Naples, Florida 34117, Folio No. 37987760009. 2. Respondent, FORTINO MENDEZ,was duly notified of the date of hearing by certified mail and posting, but did not appear at the public hearing,having entered into a Stipulation that resolved all outstanding issues between the parties. 3. The real property of the Respondent is in violation of the Collier County Land Development Code 04-41, as amended, Section 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-181 and Section 54-185(b) in the following particulars: Outside storage of accumulation of litter including, but not limited to, construction materials,wood,metal, plastic scraps,household junk, trash and debris on improved estates zoned parcel,in addition to weeds/grass exceeding 18 inches in height within 30 feet of the main structure. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the Collier County Land Development Code 04-41,as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-181 and Section 54-185(b). B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.70 on or before November 2,2020. C. Respondent must abate the litter violation by: Removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use,OR store desired items in a completely enclosed structure on or before October 9,2020 or a fine of $100 per day will be imposed for each day the violation remains thereafter. D. Respondent must abate the weeds violation by: Mowing or cause to be mowed or cut all weeds, grass or other similar non-protected overgrowth in excess of eighteen(18)inches in height,which is within 30 feet of the residential structure up to any lot line,down to a height of less than six(6) inches on or before October 9,2020 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. E. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance to request that the Investigator conduct a site inspection to confirm compliance. {The notice to the Investigator shall be by phone or fax during the workweek. If the abatement or compliance occurs 24 hours prior to a Saturday,Sunday or legal holiday,the notice shall be made on the next business day that is not a Saturday,Sunday or legal holiday}. F. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement. All costs of abatement shall be assessed against the property. DONE AND ORDERED this aK a day of October 2020 at Naples, Collier County,Florida. rs COLLIER COUNTY CODE ENFORCEMENT I, • SPECIAL MAGISTRATE Crystal K.Kinzel,Clerk of Cc:cis i:.and for Collier C'unty do hearby„ertify.mat the abc re i•strurr:ntis a hue and correct copy of• i I IC^.flier County,Fe id: Deputy Clerk c , By: �.,� )101- oat,:: 10_a?_. '� NDAkARR ON 8243W-•:"• PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 21 s(- day of Octob:r, 2020 to Respondent, Fort'•o Mendez, 3610 White Blvd,Naples, Fl 34117. Co. • En foie ,,r t Official BOARD OF COUNTY COMMISSIONERS Collier County, Florida ) 7 Petitioner, / vs. Case No. CELU20170010987 FORTINO MENDEZ Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Fortino Mendez, on behalf of Fortino Mendez, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20170010987 dated the 2nd day of June, 2020. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 2nd, 2020; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure, within 7 days of this Hearing, or a fine of $100 a day will be imposed for each day the violation remains. 3) Must cut weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height within 30 feet of the residential structure up to any lot line, within 7 days of this Hearing, or a fine of$100 a day will be imposed for each day the violation remains. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Offic to enforc a ovisions of this agreement and all costs of abatement shall be assessed t • he prop R s or esentative (sign) Cri sf tna Pere 2- , Supervisor for Michael Ossorio, Director Code Enforcement Division i't; / �7 Cam' 10• 2• 20Zo Respondent or Representative(print) Date AO/V/2(2) Dat6 , REV 3-29-16 INSTR 5945656 OR 5837 PG 316 RECORDED 10/29/2020 9:23 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20200004616 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. JOHN M.McCARTHY and CATHERINE M. McCARTHY, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 2, 2020, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents,JOHN M. McCARTHY and CATHERINE M. McCARTHY,are the owners of the subject real property located at 5 Chateau Way,Naples, Florida 34112, Folio No. 70121480005. 2. Respondents were duly notified of the date of hearing by certified mail and posting, but were not present at the hearing. 3. Respondents' property is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11), Section 22-231(12)(b), Section 22-231(12)(i) and Section 22-231(12)(c) in the following particulars: Vacant mobile home with exterior light fixtures,exterior surfaces,broken windows and exterior door in disrepair; missing skirting and cover for hot water heater; and mold and other stains on exterior walls and surfaces. 4. The violation was not abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(11), Section 22-231(12)(b), Section 22-231(12)(i)and Section 22-231(12)(c). B. Respondents are ordered to pay operational costs in the amount of$111.75 incurred in the prosecution of this case on or before November 2,2020. C. Respondents are also ordered to abate the violations by obtaining either a Collier County building permit or a demolition permit,all inspections and a Certificate of Completion or Occupancy for all repairs requiring permitting and to make all other repairs,replacements and removals as necessary to comply with the Ordinance,to include: 1. Repairs to the roof, broken windows, exterior door and exterior light fixtures; 2. Replacement of missing skirting of the mobile home,cover for the hot water heater; and 3. Removal of the mold and stains on the exterior walls and surfaces; on or before October 9,2020 or a fine of$250.00 per day will be imposed until the violations have been abated. D. Respondents must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. {The 24-hour notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday}. E. If the Respondents fail to abate the violation as ordered,the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order,and all costs of abatement shall be assessed to the property owner and may become a lien on the property. DONE AND ORDERED on this 4Oil day of October 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerk of Cc:iqii. and for,;dlier C,unty do hearty certify,;,at the:to ce„ttrurr,,,t is a true and correct copy ofeaUfiked in Cr,!ier Cou Florida By Deputy Clerk Data: A C. G TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this \& `day of October 2020 to Respondent(s),Joh M McCarthy and Catherine M McCarthy, 5 Chateau Way,Naples, Fl 3411 . Code Enf eme Official INSTR 5945657 OR 5837 PG 320 RECORDED 10/29/2020 9:23 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT REC$27.00 SPECIAL MAGISTRATE Case No.—CEPM20200006119 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. SHEILA D. GEBHART, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 2, 2020, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, SHEILA D. GEBHART, is the owner of the subject real property located at 5329 Trammell Street,Naples, Florida 34113, Folio No. 62264320001. 2. Respondent was duly notified of the date of hearing by certified mail and posting, but was not present at the hearing. 3. Respondent's property is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11)and Section 22-231(12)(i), in the following particulars: Occupied dwelling with no electric service provided by a County approved source and broken windows. 4. The violation was not abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(11)and Section 22-231(12)(i), B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before November 2,2020. C. Respondent is also ordered to abate the violation by obtaining either a Collier County building permit or a demolition permit,all inspections and a Certificate of Completion or Occupancy for all repairs to broken windows and to supply the dwelling with electrical service provided by a County approved source, including obtaining any permits required to restore electricity on or before October 9,2020 or a fine of$250.00 per day will be imposed until the violation has been abated. D. Respondent must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. {The 24-hour notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday). E. If the Respondent fails to abate the violation as ordered,the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order,and all costs of abatement shall be assessed to the property owner and may become a lien on the property. DONE AND ORDERED on this day of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerx of Cc 7tS. and for Jollier C"unty do hearty,ertify,,.at the,. :e i„stnm:..nt is a true a:,J correct copy of'h ' inal filed'n Cr'•lier Coun ,Florida By. Deputy Clerk I • Data. 11N 411b; I A C. GA Pe TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples, FL 34104, fax#(239)252- 2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this (Q day of Octo er, 2020 to Respondent, Sheila D Gebhart, 5329 Trammel St,Naples, Fl 34113. Code force ent Official INSTR 5945658 OR 5837 PG 323 RECORDED 10/29/2020 9:23 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20190012061 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LEONARD ALBERT MAXSON and MARCIA MORGAN MAXSON, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on October 2, 2020, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACTS AND CONCLUSIONS OF LAW 1. Respondents, LEONARD ALBERT MAXSON and MARCIA MORGAN MAXSON,are the owners of real property located at 1975 Everglades Boulevard S.,Naples, Florida 34117, Folio No. 41286160008 on which the violations occurred. 2. On July 8, 2020 Respondents were found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130-95,by having unlicensed and/or inoperable vehicles on estates zoned property. 3. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before July 15, 2020 or a fine of$100.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (The Order is recorded at Collier County Records, OR 5802, PG 78). 4. Operational costs of$111.70 incurred by the County in the prosecution of this case have not been paid. 5. Respondents, having been duly noticed for the public hearing regarding the County's Motion, were not present at the public hearing. 6. The violation had not been abated as of October 2, 2020,the date of the public hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$100.00 per day are assessed against Respondents for the period from July 16, 2020 to October 2, 2020, for a total fine amount of$7,900.00. C. Fines continue to accrue until abatement of the violation. D. Respondents are ordered to pay the previously assessed but unpaid operational costs of$111.70. E. Respondents shall also pay operational costs for today's Imposition of Fines hearing in the amount of$111.75. F. Respondents are ordered to pay fines and costs in the total amount of$8,123.45 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida. DONE AND ORDERED this 9day of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal K.Kinzel,Clerk of Cc'rts:-and for;Allier C^unty SPECIAL MAGISTRATE do hearby.,artity oat the.. :e tstrurc,nt is,a true a. :correct E:° f'he 1,i ei`Cra .a, '�q •• ��. NDA . GA SON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuif Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Ord CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this Z1S1- day of October 2020 to Respondent(s) Leonard Albert Maxson and Marcia Morgan Maxson, 1312 17th Street#157, Den er, CO 80202. Coe orc ent Official INSTR 5945659 OR 5837 PG 326 RECORDED 10/29/2020 9:23 AM PAGES 3 CLERK OF THE CIRCUIT COURTAND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20190012062 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LEONARD ALBERT MAXSON and MARCIA MORGAN MAXSON, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on October 2, 2020, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACTS AND CONCLUSIONS OF LAW 1. Respondents, LEONARD ALBERT MAXSON and MARCIA MORGAN MAXSON,are the owners of real property located at 1975 Everglades Boulevard S.,Naples, Florida 34117, Folio No. 41286160008 on which the violations occurred. 2. On July 8, 2020 Respondents were found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(b), Section 22-231(12)(f)and 22- 231(12)(i), by having main residential structure damaged, including,but not limited to, exterior walls, missing siding,porch railings, stairs and broken unsecured windows. 3. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before August 8, 2020 or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (The Order is recorded at Collier County Records, OR 5811, PG 3705). 4. Operational costs of$111.80 incurred by the County in the prosecution of this case have not been paid. 5. Respondents, having been duly noticed for the public hearing regarding the County's Motion, were not present at the public hearing. 6. The violation had not been abated as of October 2, 2020,the date of the public hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of$250.00 per day are assessed against Respondents for the period from August 9, 2020 to October 2, 2020, for a total fine of$13,750.00. C. Fines continue to accrue until abatement of the violation. D. Respondents are ordered to pay previously assessed but unpaid operational costs of$111.80. E. Respondents shall also pay operational costs for today's Imposition of Fines hearing in the amount of$111.75. F. Respondents are ordered to pay fines and costs in the total amount of$13,973.55 or be subject to Notice of Assessment of Lien against all properties owned by Respondents in Collier County, Florida. DONE AND ORDERED this day of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal K.Kirtzel,Cleric'of Cel,ls sad for Jollier C'unty SPECIAL MAGISTRATE do heart _artify,.at the L.. rs1,strurn nt is a true a.,:correct copy of i �J►Jrld C;1" ounty Florida Data: a V►n Deputy Clerk j1s4CL-- Data \ ' A C. GARRET PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 2_1S4- day of October,2020 to Respondent(s) Leona Albert Maxson and Marcia Morgan Maxson, 1312 17th Street#157, De er, CO 80 02. C e Enf eme Official