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CESM Orders 11/2020 Goiter County Growth Management Department Code Enforcement Division DATE: November 6, 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. o Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wvwv.colliergov.net INSTR 5950610 OR 5841 PG 3282 RECORDED 11/6/2020 11:58 AM PAGES 3 COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$27.00 Case No.—CEPM20200006589 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. EUGENE KOESSLER, 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 her Findings of Fact, Conclusion of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, EUGENE KOESSLER, is the owner of the real property located at 1130 Augusta Falls Way,Naples, Florida 34119, Folio No. 22540000548. 2. Respondent was duly notified of the hearing date by certified mail and posting but was not present for the public hearing. 3. Respondent's property is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15), in the following particulars: An unmaintained private swimming pool with green water. 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 Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15). 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 violation by chemically treating the pool water,killing the algae growth and maintaining the filtration system to keep the pool water clean and provide bi-weekly treatments OR chemically treating the pool water,killing the algae growth and covering the pool to prevent Safety hazards, insect infestations and the intrusion of rain water on or before October 9,2020 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order to conduct a final inspection to confirm compliance with this Order. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED on this ,9,14 day of October 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ��... B'. NDA C. GARRE ON 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. I,Crystal K.Kinzel,Clerk of Courts i:'and for Collier County U.hearty certify that the abcre instrument is a true and correct orgi filed in ettriektk Deputy Clerk Dot:: 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 this21-9"day of Octobe 2020 to Respondent, Eu ne Koessler,4659 Winding Woods LN, Hamburg,NY 14075. Co n e Official INSTR 5950611 OR 5841 PG 3285 RECORDED 11/6/2020 11:58AM PAGES 5 COLLIER COUNTY CODE ENFORCEMENT CLERK OF THE CIRCUIT COURT AND COMPTROLLER SPECIAL MAGISTRATE COWER COUNTY FLORIDA REC$44.00 Case No.—CEV20200002189 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROBERT M.ARNOLD, 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 5442 29th Place SW,Naples, FL 34116,Folio No. 36431720004. 2. Respondent,ROBERT M.ARNOLD,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 the Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)and the Collier County Code of Laws and Ordinances,Article III, Chapter 130, Section 130-95, Section 130-97(2)and Section 130-97(3) in the following particulars: Two inoperable/unlicensed vehicles parked on the grass in the front yard and two unlicensed trailers in the rear yard. 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 4.05.03(A)and the Collier County Code of Laws and Ordinances,Article III Chapter 130, Section 130-95, Section 130-97(2)and Section 130-97(3). 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 the violations by: 1. Removing vehicles parked on the grass to a stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone,crushed shell asphalt,pavers or turf parking systems specifically designated for parking of automobiles which does not exceed 40%of the front yard for parking, on or before October 16,2020 or a fine of$100.00 per day will be imposed until the violation is abated. 2. Repairing and/or affixing a current valid license plate to each vehicle/trailer in violation, or store these vehicles/trailers in the confines of a completely enclosed structure or remove these vehicles/trailers to an area intended for such use on or before October 16,2020 or a fine of$100.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed 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 Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriffs 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 to the property owner and may become a lien on the property. DONE AND ORDERED this 44 day of October 2020 at Naples, Collier County,Florida. p 21 7 1, COLLIER COUNTY CODE ENFORCEMENT .••'' SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerk of Cc::its i'and for Collier County do heart. .ertify brat the at re iastnrment is a trua and correct 0.111. ina led i er Gn ' Deputy Clerk tA Da a: 41). NDA C. G• n 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. 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 kLPk`$ day of Octob , 2020 to Respondent, Robert M Arnold, 5442 29" PL SW,Naples, Fl 34116. Code force ent Official 1 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEV20200002189 ROBERT M. ARNOLD Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Robert M. Arnold, on behalf of Robert M. Arnold, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20200002189 dated the 27th day of July, 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 2, 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: Remove vehicle(s) parked on the grass to a stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for parking of automobiles which does not exceed 40% of the front yard for parking within 14 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 3) Repair and/or affix a current valid license plate to each vehicle/trailer in violation, or store these vehicles/trailers in a completely enclosed structure, or remove these vehicles/trailers to an area intended for such use within 14 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 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 ails to a e the violation the County may abate the violation using any method to bring the olat. n ' o c lance and may use the assistance of the Collier County Sheriff's Off t e e e p isions of this agreement and all costs of abatement shall be assesse t r ert ow . Respondent or epresentative (sign) Cristina Perez, Sup ' or for Michael Ossori , irector Code Enforcement Division /U,I • 2o20 Respondent or Representative (print) Date /7///ge, Date INSTR 5950612 OR 5841 PG 3290 COLLIER COUNTY CODE ENFORCEMENT RECORDED 11/6/2020 11:58 AM PAGES 4 SPECIAL MAGISTRATE CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 INDX$1.00 Case No.—CELU20200002031 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ELIGIO MARTINEZ JR.and SYLVIA MARTINEZ, 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 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. Respondents are the owners of the real property located at 5414 Texas Avenue,Naples, FL 34113, Folio No. 62266080006. 2. Respondents,ELIGIO MARTINEZ JR.and SYLVIA MARTINEZ,who were duly notified of the date of hearing by certified mail and posting, did not appear at the public hearing,having entered into a Stipulation resolving all outstanding issues between the parties. 3. The real property of the Respondents 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 54-179 and Section 54-181, in the following particulars: Outside storage/litter on residential property consisting of,but not limited to, metal,plastic,gas cans,construction equipment,buckets and tires. 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. Respondents are found guilty of violation of 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 54-179 and Section 54-181. B. Respondents are ordered to pay operational costs incurred by the County for the prosecution of this case in the amount of$111.70 on or before November 2,2020. C. Respondents must abate the 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 November 2,2020 or a fine of$100.00 per day will be imposed until the violation is abated. D. Respondents 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. E. If Respondents fail 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 Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this a'"�' day of October 2020 at Naples,Collier County,Florida. r ±r r., 1, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I,Crystal K.Kinzel,Clerk at Cayn's'i-,and for Collier County do hear certify that the c`• e if strument is a true ar I correct , a v • .'.'n. filed i ?' t aunty,'.d Deputy Clerk Da.e: �i�M i am, ‘4,...4,._ cN., I A C. GARRE 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPEC L MAGISTRATE, has been sent by U.S. Mail on this ILD'`" day of Oct er, 2020 to Respon nt(s jio Martinez Jr and Sylvia Martinez, 5414 Texas Ave,Naples, Fl 34113. ode E rcem Official BOARD OF COUNTY COMMISSIONERS 7:[ a Collier County, Florida Petitioner, vs. Case No. CELU20200002031 Eligio Martinez and Sylvia Martinez Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, 7, 71//co //,, behalf of Eligio Martinez and Sylvia Martinez, enters into this Stipulation and Agreement wi'h� (er unty as to the resolution of Notices of Violation in reference (case) number CELU20200002031 dated the 11th day of March, 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 2, 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 30 days of this Hearing, or a fine of $100 a day will be imposed for each day the violation remains. 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. /� , CL ,1 V V� 4 r R resentative (sign) Jos Mu ha, Supervisor for 74ichael Ossorio, Director Code Enforcement Division i , 6 �� c , � 9 /.2_q /; 32O Representative (print) Date Respondent or Represe t Date REV 3-29-16 INSTR 5950613 OR 5841 PG 3294 RECORDED 11/6/2020 11:58 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY CODE ENFORCEMENT COLLIER COUNTY FLORIDA SPECIAL MAGISTRATE REC$35.50 Case No.—CEROW20180002325 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 110, Article II, Section 110-31(a), in the following particulars: Expired right-of-way permit number PRROW2014082232; Right-of-way and driveway entry in disrepair on improved 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 110,Article II, Section 110-31(a), allowing the right-of-way and driveway entry to fall into disrepair on improved estates zoned property and by allowing right-of-way permit number PRROW2014082232 to expire without making necessary corrections and repairs. 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 obtaining applicable right-of-way permits, inspections and final approval from the Department of Transportation and/or remove any and all offending materials from the Collier County right-of-way to restore to a permitted state on or before November 2,2020,or a fine of$100.00 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 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 vt day of October 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal K.Kinzel,Cleric of Cr,"'s!"and for Collier County SPECIAL MAGISTRATE I.hearby,.amity i,iat the s ',e....,itrumant is a true ar i correct • ''e•ri•i .I filed in% A' County,Florida w , : = i . '' ' Deputy Clerk Dab: 1`Wf► i dpil) ,. N A C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239) 252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. 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 1(Q}'1 day of Octo r, 2020 to Respondent, F rtino Mendez, 3610 White Blvd,Naples, Fl 34117. ode E rce t Official BOARD OF COUNTY COMMISSIONERS Collier County, Florida 4tie Petitioner, vs. Case No. CEROW20180002325 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 CEROW20180002325 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) Obtain applicable right of way permit(s), inspection(s) and final approval from Department of Transportation and/or remove any and all offending materials from the Collier County Right-Of- Way to restore permitted state within 30 days of this Hearing, or a fine of $100.00 a day will be imposed for each day the violation remains. 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 th rovisions of t 's greement and all costs of abatement shall be assessed to the property owner. or ep entative (sign) Cris{-rr Perez , Supervisor for Michael Ossorio, Director _---7 Code Enforcement Division A.... 77/3 - /0. 2 • 2420 Respondent r Representative (print) Date /1 ()/2 Date REV 3-29-16 Cotter County Growth Management Department Code Enforcement Division DATE: November 20, 2020 Vi" 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•tnAiwv.colliergov.net _ r COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20200005083 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, INSTR 5958310 OR 5848 PG 3342 RECORDED 11/23/2020 8:10 AM PAGES 4 vs. CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA JEFFREY B.ZANGER REC$35.50 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,JEFFREY B.ZANGER,is the owner of the subject real property located at, 6383 Old Mahogany Court,Naples, Florida 34109, Folio No. 22597005428. 2. Respondent was duly notified of the date of hearing by certified mail and posting but did not appear at the hearing. 3. The subject real property owned by Respondent is in violation of the Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(l)(a)and the Florida Building Code, 6th Edition (2017),(as adopted by Collier County)Chapter 4, Section 454.2.17, in the following particulars: Damaged/missing residential pool safety barrier. 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 Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and the Florida Building Code Sixth Edition(2017), Chapter 4, Section 454.2.17, as adopted by Collier County. 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 ordered to abate the violation by erecting an approved temporary pool barrier on or before October 9,2020 or a fine of$250.00 per day will be imposed until the violation is abated. D. Respondent is also ordered to abate the violation by obtaining all required Collier County building permits,all inspections and a Certificate of Completion or Occupancy for the pool enclosure on or before November 2,2020 or a fine of$200.00 per day will be imposed until the violation has been abated. E. 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. F. 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 IA4day of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4111‘A', 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 g �,qf.t SpecialrMagistrate to the Circuit Court within thirty(30)days of the execution of the Order appea ed:-An appeal §hall not be a hearing de novo but shall be limrtec1 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. Kinzei,Clerk of Courts in and for Collier County do hearby certify that the above instrument is a true and correct cop of i. in Collier County, F By: Deputy Clerk Date: I t 3 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 \ it�'day of Octo er, 2020 to Responde t,Jef ey B Zanger, 6383 Old Mahogany CT,Naples, Fl 34109. Code Enf ceme Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20200006932 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA INSTR 5958311 OR 5848 PG 3346 Petitioner, RECORDED 11/23/2020 8:10 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER vs. COLLIER COUNTY FLORIDA REC$35.50 HPA BORROWER 2016 ML,LLC 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,HPA BORROWER 2016 ML,LLC,is the owner of the subject real property located at 441 10th Avenue NE,Naples,Florida 34120,Folio No. 37495120005. 2. Respondent was duly notified of the date of hearing by certified mail and posting,but was not present or represented 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(2), Section 22-231(12)(c)and Section 22-231(12)(p) in the following particulars: Leak in roof causing damage to the ceiling in the dining room. Also,strong foul odor coming from the water faucet which is generated from a well water system with a water softener tank. 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(2), Section 22-231(12)(c)and Section 22-231(12)(p). B. Respondent is 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. Respondent is also ordered to abate the violations by obtaining required Collier County building permit or demolition permit,all inspections and a Certificate of Completion or Occupancy for the repair of the roof and the ceiling in the dining room and by having the water softener treated and maintained to remove the foul odor from the water faucet and correct the cause of the odor on or before November 2,2020 or a fine of$250.00 per day will be imposed and will accrue until the violations are 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 clatday of October 2020 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE DA C. GA SON 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. I, Crystal K. Kinzel, Clerk of Courts in and for Collier County do hearby certify that the above instrument is a true and correct cop f e o 'ginal ed 'n Collier County Florida By: 0 ;� Deputy Clerk Date: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct{copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 1(Q day of Oct ber, 2020 to Respond nt, HPA BORROWER 2016 ML LLC, 180 North Stetson Ave, Chicago, IL 6060 . Code En rc ent Official COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20200002191 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, INSTR 5958312 OR 5848 PG 3350 RECORDED 11/23/2020 8:10 AM PAGES 6 CLERK OF THE CIRCUIT COURT AND COMPTROLLER vs. COLLIER COUNTY FLORIDA REC$52.50 ROBERT M.ARNOLD, 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,ROBERT M.ARNOLD,is the owner of the subject real property located at 5442 29TH Place SW,Naples,Florida 34116,Folio No. 36431720004. 2. Respondent was duly notified of the date of hearing by certified mail and posting but did not appear at the hearing having entered into a Stipulation with Petitioner that resolved all matters. 3. The subject real property owned by Respondent is in violation of the Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)and the Florida Building Code,6th Edition(2017), Chapter 4, Section 454.2.17(as adopted by Collier County), in the following particulars: Unpermitted above-ground pool with no safety barrier. 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 Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a)and Section 10.02.06(B)(1)(e)(i)and the Florida Building Code, 6th Edition(2017), Chapter 4, Section 454.2.17(as adopted by Collier County). B. Respondent is 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. Respondent is also ordered to abate the violation by obtaining all required Collier County building permits, all inspections and a Certificate of Completion or Occupancy for the unpermitted above-ground pool OR by removing the pool from the property on or before November 2,2020 or a fine of$150.00 per day will be imposed until the violation has been abated. D. If Respondent chooses not to remove the pool,he must erect, fix or repair an approved temporary pool barrier to avoid safety concerns and must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier and obtain a Certificate of Completion on the property on or before November 2,2020 or a fine of$150.00 per day will be imposed until the violation has been abated. E. 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}. F. 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 MA day of October 2020 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C. G SON 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 I, Crystal K. Kinzel, Clerk of Courts in and for Collier County do hearby certify that the above instrument is a true and correct cop of the o ' final filed n pllier County, Flori By: r— Deputy Clerk Date: 0 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 2� Collier County, Florida Petitioner, vs. Case No. CESD20200002191 Robert M. Arnold Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Robert M. Arnold on behalf of Robert M. Arnold, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20200002191 dated the 27th day of February, 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 the October 2, 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, an unpermitted pool without barrier, are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.75 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate violations by: Obtaining all required Collier County Building Permit(s), inspections, and Certificate of Completion/Occupancy for the unpermitted above ground pool OR remove pool from the property within 30 days of this hearing or a fine of$150.00 per day will be imposed until the violation is abated. 3) If pool is not removed; Must erect, fix, or repair an approved pool barrier to avoid safety concerns and must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier and follow through to certificate of completion on the property within 30 days from this hearing or a fine of $150.00 per day will be imposed until the violation has been abated. 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 Respon ent fail abate the violation the County may abate the violation using any method to brin It viol on into corn iance and may use the assistance of the Collier County Sheriff's Off e o e r pro ons o is agreement and all costs of abatement shall be assessed a own Res n ent or Representative (sign) Cristina Perez, Super or for Michael Ossorio, Director Code Enforcement Division /0 • 1 ZO20 Respondent or Representative (print) Date (4 ,. ge 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 (pki''day of October, 2020 to Respondent, Rob rt M Arnold, 5442 20 PL SW,Naples, Fl 34116. r C de E rc nt Official