CESM Orders 06/2020 -� Port col s126
Co ye-r County
Growth Management Department
Code Enforcement Division
DATE: June 2, 2020
TO: Trish Morgan, Minutes & Records, Bldg F 4th Floor
FROM: Elena M. Gonzalez, Code Enforcement
RE: Special Magistrate Orders
Please find attached the orders issued by the Special Magistrate.
I respectfully request that your office certify all documents contained herein
and then forward the document, with this memo, to the Recording
Department for official recording.
Recording Department Instructions:
Please record all documents contained herein as Orders, and return the
originals to the Minutes and Records Department.
Please send a statement of all recording fees so that I may charge the
appropriate parties. The Code Enforcement Cost Account is 111-138911-
649030.
Elena M. Gonzalez, Code Enforcement Specialist
Collier County Code Enforcement
Growth Management Building
Thank you all very much for your assistance. Should you have any questions
or require additional information, please do not hesitate to contact me at 252-
2496.
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•v ouv.colliergov.net
COLLIER COUNTY CODE ENFORCEMENT INSTR
SPECIAL MAGISTRATE RECORDED 6/8/2020 OR 5 9 AM 3 A
9 04 PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Case No.—CEROW20190008198 REC$35.50
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs.
MYRIAM GLADYS GOMEZ and
JUAN S. RODRIGUEZ,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on March 6,2020, 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, MYRIAM GLADYS GOMEZ and JUAN S.RODRIGUEZ are the owners of
the subject real property located at 3048 50th Street SW,Naples, Florida 34116, Folio No.
36447280004.
2. Respondents were duly notified of the date of hearing by certified mail and posting,were
present at the hearing and entered into a Stipulation with the Petitioner resolving the issues
between the parties which was accepted by the Special Magistrate.
3. The subject real property owned by Respondent is in violation of the Collier County Code of
Laws and Ordinances, Chapter 110 Roads and Bridges,Article II, Construction in Right of Way,
Division I, Generally, Section 110-31(a) in the following particulars:
Unpermitted gravel driveway extending into the County Right-of-way.
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 110 Roads and Bridges,Article II, Construction in Right of Way,Division I, Generally,
Section 110-31(a).
B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the
prosecution of this case on or before April 6,2019.
C. Respondent is also ordered to abate the violation by obtaining all required Collier County
Right-of-way permits,request all related inspections through final approval,to either permit the
unpermitted right-of-way or to remove all unapproved offending materials from the right-of-way
on or before May 6,2020 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 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.
DONE AND ORDERED on this 'day of March 2020 at Naples, Collier County,Florida.
te Ap Y•t• COLLIER COUNTY CODE ENFORCEMENT
.•'p, .rM, SPECIAL MAGISTRATE
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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. CEROW20190008198
Myriam Gladys Gomez and Juan S. Rodriguez
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Juan S. Rodriguez, on behalf of Myriam Gladys Gomez and Juan S. Rodriguez,
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEROW20190008198 dated the 11th day of September, 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 March 6, 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 which include an unpermitted shed in the
rear of the property.
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 per day will be imposed until the violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal
holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
Respondent or Representative (sign) Cristina Perez, Supervisor
for Michael Ossorio, Director
Code Enforcement Division
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Respondent or Representative (print) Date
i 37-ve1/2.,
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 23 day of March, 2020 to Respondent(s) Myriam
Gladys Gomez and Juan S Rodriguez, 3048 50th St SW,Naples, Fl 34116.
Code Enforcement Official