CESM Agenda 04/02/2021
Special Magistrate Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
April 02, 2021
9:00 AM
NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER
COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD.
I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING
II. PLEDGE OF ALLEGIANCE
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
V. MOTIONS
A. MOTION FOR CONTINUANCE
B. MOTION FOR EXTENSION OF TIME
C. MOTION FOR REHEARING
1. CASE NO: CELU20200007709-CO02703, CELU20200008059-CO00179
MOTION FOR REHEARING
OWNER: Seed to Table LLC
OFFICER: Eric Short
VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05,
Section (3)(1). Employees and patrons without proper face
coverings inside the Seed to Table Store.
FOLIO NO:
PROPERTY 4835 Immokalee RD, Naples, FL 34110
ADDRESS:
VI. STIPULATIONS
VII. PUBLIC HEARINGS
A. HEARINGS
1. CASE NO: CEEX20210002386-PR061362
OWNER: Gabriella Williams
OFFICER: Park Ranger Carol Buckler
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66. Vehicles with trailer parking only as
posted.
FOLIO NO:
PROPERTY Goodland Boat Ramp, Marco Island, FL 34140
ADDRESS:
2. CASE NO: CEEX20200012780-PR061980
OWNER: Evelyn T Anthony
OFFICER: Park Ranger Joseph Esquivel
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-55. Failure to display a current beach
parking permit or paid receipt.
FOLIO NO:
PROPERTY North Gulf Shore Access, Naples, FL 34103
ADDRESS:
3. CASE NO: CEEX20210001897-PR062153
OWNER: William Chew
OFFICER: Park Ranger Mauricio Araquistain
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66(4). Failure to display paid launch
receipt.
FOLIO NO:
PROPERTY North Gulfshore Access, Naples, FL 34103
ADDRESS:
4. CASE NO: CESD20200011678
OWNER: HUNTINGTON LAKES RESIDENTS ASSOCIATION INC
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and (B)(1)(e)(i).
New sheds installed on the property with no Collier County
permits obtained.
FOLIO NO:
PROPERTY 51075000974
ADDRESS: 2404 Oakes BLVD, Naples, FL 34119
5. CASE NO: CENA20200007292
OWNER: Carla Sage
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Accumulation of litter including, but not limited to, interior
furniture, plastic storage items, household junk, debris and items
covered with tarps stored outside on the property.
FOLIO NO: 00209160709
PROPERTY 3123 Ravenna AVE, Naples, FL 34120
ADDRESS:
6. CASE NO: CEV20210000837
OWNER: Robert A Espinoza Martinez
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Vehicles parked on the grass.
FOLIO NO: 36516520006
PROPERTY 4100 29th PL SW, Naples, FL 34116
ADDRESS:
7. CASE NO: CEV20200012234
OWNER: Jean W Louis
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle missing tires.
FOLIO NO: 62201240005
PROPERTY 5384 Carolina AVE, Naples, FL 34113
ADDRESS:
8. CASE NO: CEPM20210000243
OWNER: Sarah Kathryn B Rowe
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-236. Vacant
structure with roof and truss support system that is dangerous
and falling into the structure.
FOLIO NO: 127880006
PROPERTY 331 N 15th ST, Unit #A, Immokalee, FL 34142
ADDRESS:
9. CASE NO: CENA20200006558
OWNER: Garland Campbell and Paul Saunders
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-179, 54-185(a) and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Weeds/grass in excess of 18 inches throughout the property.
Litter and/or prohibited outdoor storage including, but not
limited to, lumber, indoor furniture, and a plastic container.
FOLIO NO: 35741240000
PROPERTY 4572 22nd PL SW, Naples, FL 34116
ADDRESS:
10. CASE NO: CEV20200013114
OWNER: Christopher Rothermel and Donna Rothermel
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. One unlicensed/inoperable truck
parked in the front of the property.
FOLIO NO: 38342600004
PROPERTY 5631 Dogwood WAY, Naples, FL 34116
ADDRESS:
11. CASE NO: CENA20200011219
OWNER: Camilo Rodriguez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. A
large accumulation of litter and/or prohibited outdoor storage
including, but not limited to, tires, lumber, ladders, buckets,
windows/glass, pipe(s) and metal.
FOLIO NO: 35754640008
PROPERTY 4364 20th AVE SW, Naples, Fl 34116
ADDRESS:
12. CASE NO: CEAU20200005905
OWNER: William Bayes
OFFICER: John Johnson
VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 1
Scope and Administration, Part 2 Administration and
Enforcement, Section 105.1. A fence is being added to an
existing fence without the required permits.
FOLIO NO: 81270960009
PROPERTY 2595 Becca AVE, Unit #1, Naples, FL 34112
ADDRESS:
13. CASE NO: CELU20210000147
OWNER: Maddox & Partners LLC, Espen Schiefloe
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. A boat rental business being
conducted from this property without first obtaining a Business
Tax Receipt and all required Collier County approvals, permits,
inspections and Certificates of Completion/Occupancy.
FOLIO NO: 61835360006
PROPERTY 2891 Bayview DR, Naples, FL 34112
ADDRESS:
14. CASE NO: CEV20210000838
OWNER: Nicolas Bernal-Rios
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a). Boat parked in the front yard.
FOLIO NO: 36518160008
PROPERTY 4225 29th PL SW, Naples, FL 34116
ADDRESS:
15. CASE NO: CESD20200010021
OWNER: Daniela Rangel
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Installation
of new windows without required Collier County building
permit.
FOLIO NO: 36320120003
PROPERTY 5496 27th PL SW, Naples, FL 34116
ADDRESS:
16. CASE NO: CEN20210002604
OWNER: NAPLES 2.0 LLC, CELEBRATION PARK LLC
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article IV, Section 54-92(b)(1). Conducted a noise reading,
with the use of a calibrated Sound Level Meter, and the
allowable Sound Level Limit was exceeded on improved
occupied commercial property.
FOLIO NO: 29830040004
PROPERTY 2880 Becca AVE, Naples, FL 34112
ADDRESS:
17. CASE NO: CEPM20210000461
OWNER: Cheryl Lynn Wolff Revocable Trust
OFFICER: Thomas Pitura
VIOLATIONS: Florida Building Code 7th Edition (2020), Building, Chapter 4,
Section 454.2.17. Swimming pool without a protective barrier.
FOLIO NO: 32432401368
PROPERTY 7738 Mulberry LN, Naples, FL 34114
ADDRESS:
18. CASE NO: CEA20200012843
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara
Rodriguez, and Sergio Canu Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.03.02(A)(1)(d). Keeping chickens on the property.
FOLIO NO: 60782760006
PROPERTY 5308 Cypress LN, Naples, FL 34113
ADDRESS:
B. EMERGENCY CASES
VIII. NEW BUSINESS
A. MOTION FOR REDUCTION/ABATEMENT OF FINES
B. MOTION FOR IMPOSITION OF FINES AND LIENS
1. CASE NO: CEPM20200005469
OWNER: Douglas J Lavery, Trustee for Elizabeth A Lavery Trust
EST UTD 09/10/04
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(c),
22-231(12)(i), 22-231(12)(p) and 22-242. Single family
dwelling in deplorable conditions, unsecured, with broken
windows, roof damage, exterior and interior wall damage,
graffiti and other general maintenance issues.
FOLIO NO: 37985080008
PROPERTY 3481 11th AVE SW, Naples, FL 34117
ADDRESS:
2. CASE NO: CENA20200005538
OWNER: ELIZABETH A LAVERY TRUST EST UTD 09/10/04
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-181, 54-185(b) and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Overgrowth of vegetation and weeds exceeding 18 inches in
height within 30 feet of a residential structure on improved
estates zoned property. Outside storage of an accumulation of
litter, household junk, trash and debris, including, but not
limited to, plastic trash bags, plastic and wood scraps.
FOLIO NO: 37985080008
PROPERTY 3481 11th AVE SW, Naples, FL 34117
ADDRESS:
3. CASE NO: CEAU20190002975
OWNER: Elmer Morejon Alvarez and Madelaine Almanza Borroto
OFFICER: Joseph Mucha
VIOLATIONS: Florida Building Code, 6th Edition, (2017), Building, Chapter 1,
Part 2, Section 105.1. Unpermitted fence on the property.
FOLIO NO: 77390001920
PROPERTY 13565 Koinonia DR, Naples, FL 34114
ADDRESS:
IX. OLD BUSINESS
A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
X. CONSENT AGENDA
A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES
REFERENCED IN SUBMITTED EXECUTIVE SUMMARY.
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN
SUBMITTED EXECUTIVE SUMMARY.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
XI. REPORTS
XII. NEXT MEETING DATE- FRIDAY MAY 7, 2021 AT 9:00 A.M.
XIII. ADJOURN
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15370) DOC ID: 15370
Updated: 3/23/2021 11:29 AM by Elena Gonzalez Page 1
CELU20200007709-CO02703, CELU20200008059-CO00179
Seed to Table LLC
CASE NO: CELU20200007709-CO02703, CELU20200008059-CO00179
MOTION FOR REHEARING
OWNER: Seed to Table LLC
OFFICER: Eric Short
VIOLATIONS: Collier County Emergency/Executive Order No. 2020-05,
Section (3)(1). Employees and patrons without proper face
coverings inside the Seed to Table Store.
FOLIO NO:
PROPERTY 4835 Immokalee RD, Naples, FL 34110
ADDRESS:
5.C.1
Packet Pg. 8
INSTR 5989892 oR 5881 PG 152 RECoRDED L/25/2O2L 3:58 PM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $18.50
COLLIER COUNTY CODE ENFORCMENT
SPECIAL MAGISTRATE
BOARD OF COTINTY COMMISSIONERS,
COLLIER COIINTY, FLORIDA,
Petitioner,Case Nos. C8LU20200007709-CO 027 03
vs.
OELU 2020000 80 5 9-CO 00 I 7 9
SEED TO TABLE,LLC,
Respondent.
f' \.,
I
advised of the premises, it is hereby
IT IS HEREBY ORDERED that Respondent's Motion for Pre-Hearing Ruling is
GRANTED and this matter is dismissed upon the finding that the Special Magistrate lacks
jurisdiction to hear this matter.
DONE AND ORDERED in collier county, Florida, this 20th day of January,2}2t
and h( Collier Crunty
atrl co(ecl
, ${i :;:i
Cle*
Special Magistrate, Collier County Code Enforcement
tl.::
I
This cause having November 6, 2020, on
6
5.C.1.a
Packet Pg. 9 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
*** oR 5881 PG 153 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAG| STRATE, has been sent by U.S. Mail on this 2lst day of January,202l to Steven J Bracci, PA, 9015
Strada Stell cT, Suite 102, Naples, FL 34109.
Code Enforcement
1, u--*- \i h-**_I -*'i*\ ",\
iflr"$\T'Ertf,\]l\u/I:& sr
I
5.C.1.a
Packet Pg. 10 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
V
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE/ENFORCNMENT B OAITD
BOARD OF COUNTY
COMMISSIONERS,
COLLIER COLINTY, FL,
Case No, CELU20200A07 7 A9 -CO027 03
c8LU20200008 0s 9-co00 I 79
Petitioner,
SEED TO TABLE, LLC,
Respondent.
COLLIER COUNTY'S
MOTION FOR REHEARING OF NOVEMBER 6,2020 HEARING
ON RESPONDENT'S MOTION TO DETERMINE THE JURISDICTION
OF THE SPECIAL MAGISTRATE
Colliet County f,les this Motion for a Rehealing of the November 6,2020 Hearing pul.suant to
the Collier County Special Magistlate Rules and Regulations dated November 4,20L6, Article
VII, $2(r), and as grounds therefore states as follows:
I ' On Friday, November 6,2020, the Special Magistrate heard argument of Counsel on the
Respondent's Motion fol a Pre-Hearing Ruling to Determine Non-Jurisdiction of
Magistrate (dated October 29,2020) and the County's Response to the Motion.
2. The Special Magistrate issued her Order on January 2O,2O2l (Exhibit "A") and granted
the Respondent's Motion for Pre-Hearing Ruling firiding that the Special Magistrate lacks
jurisdiction to hear this matter.
3, Colliel County respectfully submits this Motion for Rehearing pursuant to Art. VII, $2(r')
based on the grounds that the hearing involved an "elror on a ruling of law, which was
firndamental to the decision of the Special Magistrate.,,
5.C.1.a
Packet Pg. 11 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
4. The precise grounds for the Rehearing, as more fully set forth below, a1'e to: (1) allow
the Special Magistrate to consider the direction to the Special Magistrate provided by the
Board of County Commissioners at the July 21,2020 Board meeting; and (2) to provide
additional legal gtounds for the Special Magistrate to find jurisdiction based on the
January 8,2021 Circuit Court decision in the matter of Naser v. City of St. Augustine.
5. The County's Mask Order enacted pursuant to Collier County's Home Rule Power, Police
Power and Ch. 252,F1a. Stat. is a valid Emergency Order duly filed with the Clerk of Court
on or about July 21 ,2020. (Exhibit "B"). The Mask Order was enacted duling a Collier
County Declared State of Emelgency. (Exhibit "C").
6. Sec. 38-65. - Emergency Orders and Rules, ofthe Code of Laws and Ordinances provides:
"Al1 emergency orders and rules adopted by the County during a declared state of
emergency shall have the full force and effect of law after adoption when filed in the
office of the Clerk of Courts or the designee of the Clerk of Courts." (Ord. No. 02-50, $
i; Ord. No. 2017-38, $ 1).
7. The Special Magistrate's jurisdiction is clearly deflned by Section 162.08, Fla. Stat.,
Powers of Enforcement Boards, which provides as follows:
Each enforcement board shall have the power to:
(1) Adopt rules for the conduct of its hearings,
(2) Subpoena alleged violators and witnesses to its hearings. Subpoenas niay be
served by the sheriff of the county or police department of the municipality.
(3) Subpoena evidence to its hearings.
(4) Take testimony under oath.
(5) Issue orders having the force of law to command whatever steps are necessal'y
to bring a violation into compliance,
8. There is no authority in Section 162,08, Fla. Stat. for the Special Magistlate/Enforcement
Board to consider whether a lawfully enacted order is valid or to determine the Magistrate's
"non-jurisdiction" as requested by the Respondents,
Page 2 of 5
5.C.1.a
Packet Pg. 12 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
9. In addition, the Special Magistrate's Rules and Regulations adopted on or about November
4,2016, provide in relevant pa$:
Section 1. Due Plocess,
Formal rules of evidence shall not apply, but fundamental due process shall
be observed. The Special Magistrate is without -iurisdiction to hear any
statement, argument or evidence alleging that any plovision of the county's
ordinance is unenforceable due to conflict with the constitutions of the
United States or State of Florida, Flolida Statutes, adrninistrative agency
rcgulations, other county ordinances, or court decisions. (emphasis added,)
(Exhibit "D").
10. Based on Board direction on July 21,2A20, the Code Enforcement Division followed its
established ptocedures to investigate complaints received fi'om the public based on the
Board's Mask Order and issued valid Notices of Violation and Citations to the
Respondents. (Board minutes July 21,2020 @. l1l-113)(Exhibit ,'E',).
11. Colliq County Ordinance No. 10-04, as amended, Jurisdiction of Special Magistrates,
provides in relevant part:
Special Magistrates shall have the same jurisdiction to heal and decide
cases as the Enforcement Boald , and may also hold hearings on contested
citations under the procedures set forth in Article v herein, issued by but
not limited to, the Collier County Sheriff s Office, the Collier County
Code Enfofcement Department, Domestic Animal Services, and the
Utility Billing and customer Services Departrnents for violation of loca1
codes and ordinances. In addition, the Special Magistrate shall have
jurisdiction to hear appeals of dangerous dog determinations pursuant to
F.S. ch. 767 arrd to hear and decide mattels involving vendor payment
disputes putsuant to F.S. $ 218.70 and Old. No. 2013-69, as amended,
toeether with such rnatters as may be authorized by.the Board of County
Commissioners pursuant to Florida Statutes or as may be established by
county ordinance, either for final decision or for recommendation to the
Board. (emphasis added).
12. The County has the Horne Rule authority to adopt the Mask Order and to provide direction
to the Special Magistrate. Chapter 125, Fla. Stat., establishes the County's Home Rule
authority which states in part:
Page 3 of5
5.C.1.a
Packet Pg. 13 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
"Section 125.01(1), Fla. Stat., grants to the governing body of a county the
full power to can'y on county government. unless the legislature has pre-
empted a particular subject relating to county goverrunent by either general
or special law, the county governing body, by reason of this sentence, has
full authority to actthrough the exercise of home rule power,',
See Speer y. Olson,367 So. 2d2A7 (Fla, 1978),
i3. In a recent Circuit Court case challenging a City-issued mask mandate, Nager.v. Cily qf
St. Augustine, decided January 8,2021, the Seventh Judicial Circuit in and for St. .Iohns
County, the Plaintiff had presented a simiiar algument to the Court asserting that the City
of St. Augustine lacked the legal authority to issue the Adminish'ative Order. The Court
found:
This argument is entirely unavailing. The evidence presented at the August
7,2420 hearing demonstlated that the Administlative Order was issued as
a lesult of a unanimous vote by the City Commission in a meeting that was
properly convened. Mr. Nager has cited no existing authority (FN), and has
advanced no algument, supporting that the City does not have the authority
to impose a mask mandate. (Exhibit "F").
14. In this instant case, the County has presented evidence that the Emergency Order was
lawfully enacted by majority vote at a properly convened Board of County Commissioners'
meeting on July 2t,202A (see Exhibit "B") during a declaled State of Emergency (Exhibit
"C"). As set forth above, the Special Magistrate does not have julisdiction to determine
the validity of an Order but does have the jurisdiction to hear the citation.
15. The Citation clearly provides that the Violator has two options, the first is payment of the
fine, and Option 2 which provides: "Contest the violation and submit a wr.itten request for
a healing before the Special Magistrate within 30 of issuance of this citation." (Exhibit
"G"). Mr. Oakes timely requested a hearing before the Special Magistrate.
16. The Board provided direction for the Special Magistrate to hear these citations, see
paragraph 10 above, as authorized by Ordinance No. 10-04, as amended, which provides
Page 4 of5
5.C.1.a
Packet Pg. 14 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
the Special Magistrate shall have jurisdiction to hear and decides cases,... together with
d
Florida Statutes. (emphasis added).
17. Based on the plain language of the citation, and Board direction on July 21,2020, the
Special Magistrate has jurisdiction to hear.this Citation.
18' in addition to the contesting the citations at issue in this matter, Mr, Oakes, filed a, action
in the ll.S' District Court Middle District of l'lorida challenging the constitutionality of
the County's Mask Order. On January 27,2021, U.S. District Judge Chappell issued an
Order dismissing Mr. Oakes' remaining claims against Collier County and dismissing
the case. (See attached Opinion and Order dated January 27,Z)Zllcase No. Z:20-cv-
5 6 g-FtM-3 SNPM (Exhibit,.H,,)).
WHEREFORE, Collier County respectfully requests a Rehearing on the Special
Magistrate's Order dated January 20, 2021 finding that the Special Magistrate did not have
jurisdiction to hear the applicable citations (cELu2020000770g-co02703 and
0ELU2A200008 0s 9-c o00 I 79).
Respectfully submitted this 28nd day of Janu ary , Z0Zl.
/s/ Colleen M. Greene
Colleen M. Greene
F1a. Bar 502650
Managing Assistart County Attorney
3299 Tamiami Trail, East, Suite 800
Naples, FL 34llz
(239)2s2-84e0
Colleen. greene(@colliercountlifl . gov
Attorney for Petitioner Collier County
Steven J. Bracci, PA. (via email steve@braccilaw,com)
Michael Ossolio, Director, Code Enforcement
of
CC
Page 5 of5
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Packet Pg. 15 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
COLLTER COUNTY CODE EN-F'ORCMENT
SPECIAL MAGISTRATD
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,Case Nos, C8LU20200007709-CO 027 03
vs.
0ELU20200 0 0 8 05 9-c o 0 0 1 7 9
SEED TO TABLE, LLC,
Respondent.
ORDER ON RESPQNDENT'S MOTION F.'OR PRE.HEARING RULI}{g
This cause having come before the Special Magistrate on November 6, 2020, ot
Respondent SEED TO TABLE, LLC's Motion for Pre-Hearing Ruling to Determine Non-
Jurisdiction of Magishate dated October 29,2020, the Special Magistrate having considered the
submittals and arguments of counsel to Petitioner and Respondent, and being otherwise duly
advised of the premises, it is hereby
IT IS HEREBY ORDERED that Respondent's Motion for Pre-Hearing Ruling is
GRANTED and this matter is dismissed upon the finding that the Special Magistrate lacks
jurisdiction to hear this matter.
DONE AND ORDERED in collier county, Florida, this 20th day of Janu ary,202l
C.
EXHIBIT
Special Magistrate, Collier County Code Enforcement
5.C.1.a
Packet Pg. 16 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
I}MERGENCY/trXECUTIVE ORDERNO. 2020 - oq
AN EMERGENCYiEXECUTIVE ORDER OF THtr BOARD OF COUNTY
COMMISSIONtrRS OF COLLIER COUNTY, FLORIDA, MANDATING
THA]' INDIVIDUALS WtrAR A FACE COVERING IN I'UBLIC IN
CERTAIN CIRCUMSTANCES.
WHER-EAS, COVID- 19 is a respiratory illness caused by a vilus that spreads rapiclly fi.orn
pelsoll to pel'son, which may result in selior.rs illness or death, and which constitutes a clear and
prcseut danger to the healtlt, welfat'e and safety of the citizens of Collier County; arrd
\'YFIEREAS, on Mat'ch 1,2020, Governor DeSantis declared a Public l-lealth Emergency
as a t'esult of COVID-19, and on March 9,2020, Governor Desantis issued Execr.rtive Order 20-
52, declaring a State of Emergency as a result of COVID-19, which has been supplemelted by
subseqnent Execrrtive olders altrelating to the threat of covlD-19; and
WHBREAS, on Mat'ch 16,2A20, the Boald of Cour-rty Cornmissioners of Collier County,
Flotida aclopted Ploclarration/Resolution No. 2020-50 declaring a state of eme.gency clue to
covlD-19 for all territory within fhe legal boundaries of collier. county; and
WHEIIEAS, Collier Cotrnty is expet'iencing a grolving rate of people testing positive {br
COVID-19;and
WHIRDAS, to reduce the spread of COVID-19, the United Stares Centers for Disease
Control and Prcvention ("CDC") has issued guidelines that the general populatio' shoulcl wear
face masl<s to capture the tespiratory dloplets of infected people to slow the spread of COVID- l9;
and
WIIEREAS, the CDC does not tecommend lvearing cloth face coverilg for children under
the age of 9, or anyone who has trouble breathing, or is unconscious, incapacitatecl or otherwise
unable to lemove the mask withoLrt assistance; and
WHEREAS, the CDC recommends ottly simple cloth face coveriugs for the general
population and not surgical masks or N-95 respirators because these are critical supplies that must
continue to be reservecl for healtltcarc wotkers and other medical first responders; an6
EXHIBIT
Page I of5
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Packet Pg. 17 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
WIIERtrAS, cloth face covet'ings are relatively inexpensive and readily available as t6e
CDC states they catl be made fi'om household iterns and provides online guidance for maling,.clo-
it-yor-rrself'coverings for people that cannot or do not want to buy one fi.om the increasi*g sources
producing and selling cover.ings; and
WHEREAS, the Board finds it is in the best interest of public health, safety and welfare
of the residents and workers of and visitors to Collier County to requir,e suitable face coverings in
public locations to slow the spr.ead of COVIDIg; and
WHEREAS, the Board finds implemetrtation of this Orcler is necessary for the
plescrvation of the heaith, safcty, and welfare of the cornrnunity.
NOW THBREFORtr, IT IS ORDERtrD BY TIIE BOARD OF' COUNTY
COMMISSIONI{RS OF COLLIER COUNTY, FLORTDA, rhat:
SECTION ONE: FINDINGS.
The above recitals are adopted by the Boald as legislative findings
SECTION TWO: DIFINITIONS
For ptuposes of this olcler', the follor,ving teuls ar.e clefined as lollows:
(l) Face Covering. A "face covering" is a rnaterial that covels the nose and mouth. It carr
be securecl to the head with ties or straps or sirnply wrapped around the lowe r face. It can be macle
of a variety of materials, st'tch as cotton, silk, or linen. A cloth face covering may be factor.y-,rac1e
or sewn by hand or can be iurprovised fiom household items,
(2) Business establishmettt. A "business establishment" means a location lvith a roof
overiread under which any business is condncted, goods ale macle or stor.ed or processeci or where
services are rendered. The term "business establishment" also inclucles locations lvhere non-plofit,
governmental, and quasi-govetnmental entities facilitate public intel'actions ancl conduct business,
l'he term does not include schools servicing students under the age of 18, or places of worship.
(3) Lodging establishmer,t. A "lodging establishment" shall have the sarne meaning as the
teru '*transient public lodging establishment" has in F.S, 509,013(4xa)l (2019), A lodging
establishment is a specific type of business establishment.
Page 2 of 5
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Packet Pg. 18 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
SECTION THRItrEI MANDATORY REQUIREMENTS
(l) An ownet, rnanagel', employee, eustornel or patron of a business establishment rnnst
\,veal a face covering while in that business establishment.
(2) The requirements of this section do not apply to:
a. Restaurant customers or patrons r,vhile dining aud/ol consuming beverages while seatecl
at a table;
b' A gyrn patron engaged in a workout or class where at least 6 feet of clistancing exists
with the next closest patlon;
c, Barbersltop or beauty salon customers or patrons when r.vearing a face covering wor,rld
reasonably intelfere with receiving serices;
d. Business ownels, managers, and en-rployees lvho are iu an area of a business
establishnrent that is not open to clrstomerc, patrons, or the ptrblic, pr.ovicled that 6 feet of
distance exists between employees. This exceptiou does not apply to employees who are
pt'esent in the kitchen ot' othel food and beverage preparation area of a restaurant or food
establishment. When an owller, manager, or eraployee is in their place of employmerrt but
not within six feet of auothet' person, that owner', manager, or enrployee does not need to
wear a mask.
e, Bar patrons lvhile corisurning beverages and/or food;
f. A lodging establislunetit guest when inside of the lodging unit including but not limited
to a hotel room, nrotel t'oom, vacatiou rental unit, tiraeshare unit, or sirnilar unit,
(3) The owner, operator, managet', and employee of a business ol lodging establishment
shall ensure that every individual in that establisfunent cornplies with this section,
(4) When a customer of a br.rsiness establishment asserts that he oL she has a disabillty ttrat
prevents the individtral fi'om weat'ing a mask, the owuer, matlager, or. employee of the business
establishrnent may exclude the individual, even if they have a disability, as they may pose a clirect
threat to the health and safety of employees and other custoffrel's, even if asymptomatic, a,cl shall
acconrmodate the disabled indiviclual in a manner that does not fundamentally atter the operations
of the business establishment nor jeopardize the healrh of that business's employees and other
cttstome['s, such as providing curb selvice or delivery or other reasonable accommoclation,
Page 3 of5
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Packet Pg. 19 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
SECTION FOUR: PENAL'I'IES AND BXCLUSIONS.
Violations of this Orrler shall be pLrnishable by a fine not to exceed $500.00. An owner,
managel', and/or eurployee of a business establishment shall not lre liable in any enforcement action
taken under this section for the violations of a guest, customer, andlor patron if that owner,
managel'J and/or etnployee directed that guest, customer, and/or patron who refuses to wear a fhce
coverittg to vaeate the preniise.s ot' face prosecution of tlespass, This Order shall not apply to a
child is urtder nine years of age; an individual has one or rllore medical conditions or disabilities
that prevent wearing a face covering; an individual obraining a service invoiving the nose or face
ior which tempot'ary renroval of the face coveling is necessary to pelfomr the service; or arr
individual who works in a plofession where rme of a face covering will not be compatible with the
duties of the plofession,
SECTIONFIYE,: StrVERABILITY,
In the event this Oldel conflicts r,vith any Ordinance of Collier County or other appticable
larv, the more t'estrictive shail apply, If arry court of coffipetent jurisdiction holds any phrase or.
lloltion of this Order invaiid or turconstitutional, such portion sh*l1be deemed a separate, clistinct
and independent provision and such holding shali not affbct the validity of the iemaining portion,
StrCTION SIX: APPLICABILITY.
This Order is intended to apply soleiy lvithin unincorporated Collier County. Any of the
Municipalities within Colliel County may opt-in to ttris Order.
SECTION SEVEN: EFFECTIVE DATE.
This Order shall take immediate effect immediately and shall be in full force ancl effect
arrd shall expire midnight of Septetuber3,2020,unless otherwise extended by the Boar.d,
THIS ORDER ADOPTED after motion, second, and majority vote favor.ing same this
21st day of Ju|y,2020,
Page 4 of 5
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Packet Pg. 20 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
ATTEST:BOARD OF COLINTY COMMISSIONERS
COLLIER COUNTY, FLORIDAKtNfipL, Cletk
Byr
Clerk BURT L. SAUNDERS, Chairman
.t
and legality:
Jeffiey w, County Attorney
Page 5 ofl5
l
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Case 2:20-cv-00568-SPC-NPM Document l--1 Filed 08/05/20 Page 2 of 4 PagelD 46
PROCLAMATION/RESOLUTION NO. 2020-_5s
PROCLAMATION OF THE BOARD OF COTJNTY COMLISSIONERS,
COLLIER COUNTY, FLORIDA, DECLARING A LOCAL STATE OX'EMERGENCY
WHERXAS, the World Health Organization ('WHO") raised its assessment of the
Coronavirus Disease 2019 ("COVID-19") threat from high to very high and declared apublic
health emergency of international concem related to COVID-I9; and
WHER-EAS, the Centers for Disease Confrol and Prevention has declared the potential
public health threat posed by COVID-19 as 'high', both in the United States and throughout
the world; and
WHEREAS, on March 1,2020, Covemor Ron Desantis issued Executive Order 20-
51, declaring that appropriate measures to control the spread of COVID-l9 in the State of
Florida are necessary, and therefore directed that a Publio Health Emergency be declared in
the State of Florida; and
WHEREAS, on March 9,2020, Governor Ron Desantis issued Executive Order 20-
52, declaring a state of emergency exists in the State of Florida and, in part: (1) designating
the Director of the Division of Emergency Management as the State Coordinating Officer for
the duration of this COVID-I9 emergency and directing him to execute the State's
Comprehensive Emergency Management Plan and other response, recovery, and mitigation
plans necessary to cope with the emergency, as well as exercising all powers deiineated in
sections 252.36(5)-(10), Florida Statutes, as needed to meet this emergency, subject to the
limitations of section 252.33,Florida Statutes, and (2) designatingthe State Health Officer and
Surgeon General as a Deputy State Coordinating Officer and State Incident Commander; and,
(3) activating the Florida National Guard, as needed; and
WHER-EAS, Executive Order 20-52, in part, also recognizes the special duties and
responsibilities resting upon State, regional, and local agencies, such as Collier County, and
authorizes each political subdivision within the State of Florida to waive the procedures and
formalities otherwise required of the political subdivision by law pertaining to: (l) the
performance of public work and taking whatever prudent action is necessary to ensure the
health, safety, and welfare of the commuruty, Q) entering into contracts (however, caution is
directed to political subdivisions with respect to entering into tirne and materials contracts
without ceiling as defined in 2 CFR 200.318(i) or cost plus percentage contracts as defined
by 2 CFR 200.323(d), (3) incurring obligations, (4) employment of permarrent and temporary
workers, (5) utilization of volunteer workers, (6) rental of equipment, (7) acquisition and
distribution, with or without compensation, of supplies, materials, and facilities, and (S)
appropriation and expenditure of public funds; and
WHEREAS, under current circumstances, certain people will have an increased risk
of infection, for example healthcare workers or providers, first responders, and emergency
medical services workers caring for patients with COVID-19 and other close contacts of
BITI
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Packet Pg. 22 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:20-cv-00568-SPC-NPM Document 1-1 Filed 08/05/20 Page 3 of 4 PagelD 47
persons with COVID-I9; and
WIIEREAS, it is the duty of Collier County to take protective measures - including
development of incident action response plans, procurement ofpersonal protective equipment,
pandemic preventative training and exercise coordination, and similar activities to support the
public health and safety of the community; and
WHEREAS, the Bureau of Emergency Services-Emergency Management Division
declares the initiation of the operational period for this event effective March 12,2020 at 12:00
noon, EST; and
WIIEREAS, the County Manager is authorized to make adjustments and
accommodations to its compensation and leave policies as needed in support of governmental
opemtions and its employees; and
WHEREAS, Section252.38(3XaX5), Florida Statutes, provides authority for counties
to declare a Local State of Emergency; and
WHEREAS, Section 38-56 of the Code of Laws and Ordinances of Collier County,
Floridq grants the authority to declare a Iocal state of emergency to the Chair of the Board of
County Commissioners; or the Vice-Chair of the Board of County Commissioners in the event
of the Chair's absence; or in the event ofthe Chair and Vice-Chair's absence, the next County
Commissioner in order of seniority, or if trvo or more were appointed on the same date, then
in alphabetical order among them; and in the absence of any Commissioner, the County
Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's
absence the Deputy County Manager, are designated and empowered to declare a local state
of emergency whenever the designated persor5 according to the above order of preference
shall determine that a natural or manmade disaster has occurred or that the occrrTence or threat
of one is imminent and tequires immediate and expeditious action; and
WHEREAS, Section 38-68 of the Code of Laws and Ordinances of Collier County,
Florida, grants the Chair, Vice-Chair, the County Commissioners, County Manager, Clerk of
Courts, and Deputy County Manager, in the order designated in the above Whereas clause, the
power and authority to invoke authorized emE{gency measures set forlh inthat section, including but
not limited to waiving the procedures and formalities otherwise required of the County by law
or ordinance pertaining to the performance of public work and taking whatever prudent action
is necessary to ensure health, safety, and welfare of the community, while rurder a Governor
declared State of Emergency or a Local State ofEmergency.
NOW, THERET'ORE,IT IS IIEREBY ORDERED TIIAT:
Section l. Declaration of Local State of Emergency. The Coronavirus Disease
2019 ("COVID-19") poses a serious tlueat to the health of the residents and guests of Collier
County. A Local State of Emergency is declared effective immediately. The Local State of
Emergency will remain in effect within the legal boundaries of Collier County, Florida for as
long as the State of Emergency for the State of Florida, and shall be deemed supplemental to
2
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the Executive OrderNumber}}-S2 from the Governor, as may be amended from time-to-time.
Section 2. Waiver of Procedures and f'ormalities Otherwise Required. Due to
both the State of Emorgency for the State of Florida and this Local State of Emergency,
effective immediately, the procedures and fonnalities required of the County by law or
ordinance are hereby waived as they pertain to:
(a) Performance of public work and taking whateverprudent
action is necessary to ensure the healttu safety and welfare of
the community;
(b) Entering into contracts;(c) Incuring obligations;(d) Employment,ofpermanentandtemporary workers;(e) Utilization of volunteer workers;(0 Rental of equipment;(g) Acquisition and distribution, with or without compensation, of
supplies, materials and facilities;(h) Appropriation and expenditure of public funds; and(i) The ability to close any and all County facilities.
Section 3. Alterations or Rescission. This declarztion of a Local State of
Emergency may be altered or rescinded either by the issuance of a subsequent Proclamation
or an appropriate Resolution of the Board of County Commissioners.
PASSED AND DULYADOPTED by the Board of County Commissioners of Collier
County, Florida, on day of March,2020.
0n.op
COLLIER COUNTY BOARD OF
COMMISSIONERS
L. SATINDERS
Chair
i!
tb
J,
Iegality:
County Attorney
J
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Packet Pg. 24 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
CqLLI4B COUNTY SPECIAL MAGISTRATE
RULES ANp.IUt_g ULATTONS
ARTICLB I
Namq
The name of this Governing Authority shall be the Collier County Special Magistrate.
II
Jurisdiction
The Special Magistrate has jurisdiction over those matters which are set forth in all
ordinances of Collier County, Florida,
ARTICLE III
Meetins Rg.quiremeilt$
Seclion 1. Regular Meetings. Regular meetings ofthe Special Magistrate shall be held at
least once monthly, and as required, in the Collier County Commission Chambers, and/or at other
times and places as needed, and determined by the Special Magistrate. The Chambers will be opento
the public at 8:15 a.m. Pre-hearing conference proceedings will begin at 8:30 a,m. with hearings
commencing at 9:00 a,m,
Section 2. Records. All records of regular and special meetings or hearing shall be open
to the public.
Section 3. Procedure. Parliamentary procedure in Special Magistrate meetings shall be
governed by the Rules and Regulations contained herein.
ARTICLE IV
EXHIBIT
!oD
E
Section 1.
as follows:
I.
Order of Business
The order of Business to be foilowed atmeetings ofthe special Magistrate is
CALI._ TO -ORDEB-Special Magistrate Brenda Garuetson presiding
Hearing Rules and RegulationsA.
I
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Packet Pg. 25 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
II. APPROVAL OF AGENDA
III. APPROVAL OF MINUTE$
IV. MOTTONS.
A. Motions for Continuance
B. Motions for Extension of Time
V. STIPULATIONS
VI. PUBUC_HEARINGS
vII. NEW BUSINESS
A. Motions for Reduction/Abatement ofFines
B. Motions for Imposition of Fines and Lien
vu. qr/p.BU"slNESS.
A. Motions to Amend Previously Issued Order
B. Motions to Rescind Previously Issued Order
DC CONSENTAGENDA
A, Request to Forward Cases to County Attorney's Office as Referenced in
Submitted Executive Summary
B. Request for Special Magistrate to Impose Nuisance Abatement Liens on
Cases Referenced in Submiued Executive Summary
X. REPORTS
xI. NEXT MEETING DATE
XII. ADJOURNMENT
Section 2, The order of business may be amended, supplemented or suspended by
decision of the Special Magistrate,
ARTICLE Y
Sectiqn 1. Actions before the Special Magistrate shall be initiated by the filing of a
document with the Offrce of the Special Magistrate by a Code Enforcement Investigator, Sheriff s
Deputy, Domestic Animal Services Officer, or other County Offioial with the powers to issue
2
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Packet Pg. 26 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
citations, which document shall include a statement of the facts and circumstances of the alleged
violation and shall identifu the code or ordinance that has been violated. This charging document
may take the form of a Notice of Violation or of a citation. The Special Magistrate rn-ay atso initiate
action based on evideuce presented at a hearing
Section 2. If the action is initiated pursuant to the issuance of a citation, the alleged
violator may pay a fine in the amount set forth on the citation and/or comect the violation, o. riuy
request a hearing before the Special Magistrate.
SpqJion 3. The Office of the Special Magistrate shall assign a case number to each case
and schedule a hearing.
Secti-on 4. The Offrce of the Special Magistrate shall send out a Notice ofHearing alongwith a copy of the Rules and Regulations to the alleged violator by either certified mail, return
receipt requested, hand delivery upon a party, posting on the properly and at the courthouse, or in any
manner authorized as provided by the Ordinance establishing the Special Magistrate. The Office of
the Special Magistrate shall provide Notice to the issuing officer and the alleged violator as helein
provided at least ten (10) days prior to the hearing at which the alleged riolutor,, case will be
presented to the Speeial Magistrate,
Sectionl. The Notice of Hearing shall inform the atleged violator that he or she ispermitted to provide an answer/response packet of information to the Office of the Special
Magistrate for distribution to the Special Magistrate atthe Hearing. In orderto have the information
submitted to the Special Magistrate, the alleged violator shall submit three (3) copies of his or herinformation the Office of the Special Magistrate three (3) business days prior io the scheduled
hearing.
Section -6. At the discretion of the Special Magistrate, the timelines set forth in this
Article can be abbreviated or set aside by the Special Magistrate to address the alleged violation in
order to avoid damage to the health, safety and welfare of the citizens of Collier Corinty, Florida, or
in the interest ofiustice.
ARTICLE VI
Pre-hearing Pfocedures
Sqgtion 1., Pre-hearing conference between parties.
The Respondent/ alleged violator and Code Enforcement Investigator or other issuing officer are
required to have a pre-hearing conference prior to the scheduled hearing. At the pre-iearing
conference the following may oacur:
a. The Respondent/ alleged violator may be asked if he/she wishes to contest the
violation(s). If so, the case shall proceed on the agenda as stated in Article IV.
b, In lieu oj t hgarine, the parties may stipulate to an agreed Order by signing a
written Stipulation, subject to the approval of the Special Magistrate.
3
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c. If proceeding to hearing, the parties rnay stipulate to any facts, exhibits or other
evidence to be introduced into the record, which u." ,roi in dispute.
d. The names and addresses of witnesses to be called may be exchanged. Any facts
or evidence stipulated to shall be presented to the Special Magistrate along with
any pre-heating packets, agreements or stipulations either party intends to provide
to the Special Magistrate.
Seclion 2, Pre-hearing Motions.
Any motion for any reason to be filed by the Respondentialleged violator or the Issuing Officer
shall be delivered to the Office of the Special Magistrate and ihe opposing party, or thJir counsel,
if applicable, at least five (5) business days prior to the hearing. fhe person filing the motion
shall provide the Office of the Special Magishate with tlu.ee (:y copies of the mo-tion, The
Secretary to the Special Magish'ate will then distribute the motions to the Special Magistrate at
the hearing. The Special Magistate may waive the requirements set forth in the parag"raph under
exceptional circumstances,
ARTICLE YI{
Hearings
Section 1. Due Process.
Formal rules of evidence shall not apply, but fundamental due process shallbe observed. The Speciat
Magistrate is without jurisdiction to hear any statement, argument or evidence alleging that anyprovision of the county's ordinances is unenforceable due to conflict with the Constit-utions of theUnited States or State of Florida, Florida Statutes, administrative agency regulations, other county
ordinances, or court decisions.
Section 2. Procedures.
The following procedures will be observed at hearings before the Special Magistrate:
a, Where notice of hearing has been provided in accordance with Ftorida Statutes,
Section L62.l2,and Collier County Ordinance #2007 -44,as amended, ahearing mayproceed in the
absence of the Respondent/alleged violator.
b, The Special Magistrate shall announce the case before hearing testimony.
c, The Respondent/aiieged violator shall state his/her full legal name, mailing address
and physical residence.
d' Ifthe Respondent/alleged violator is notpresent and is represented by aperson otherthan an attorney, the RespondenValleged. violalor shall provide to the Special tvtagistraie proof that
the individual appearing has permission to represenr him/her at the hearing.
e. Presentations of a case may-be limited to ten (10) minutes per parfy, includingtestimony of all witnesses. If the RespondenValleged violatoi believes ttrat aaaitional time isrequired, heishe shall notifu the Secretary to the Special Magistrate prior to the schedlled hearing,
I
t:,:.,,
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Packet Pg. 28 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
f' In those cases initiated by citation in which the Respondent/alleged violator had
requested the hearing the RespondenUalleged violator shall proceed first with the presentation of
his/her evidence in opposition to the facts alleged in the citatlon.
g' In those cases initiated by aNotice of Violation, the County shall proceed first with
the presentation of its evidence to prove that a violation has occrured,
h. Any evidence which is sought to be introduced by a party during the party's
presentation is admitted at the discretion of the Special Magistrate and may te objeJted to-by ihe
opposing side. If necessary the Special Magistrate may grant a recess or continuance to examine said
evidence.
i' All persons testifring before the Special Magistrate shait do so under sworn oath.
j. Eash side may be permitted to make brief opening statements, if requested. The
County shall present its case and RespondenValleged violatoishall present his/trer.ur. i, the order
outlined herein ab.ove at Article VII, Paragraphs f. and g. Both parties shall have an opportunity to
cross-examine any person testifying for the opposing parly.
k' Any psrson who can provide relevant evidence regarding an alleged violation, and
wishes to testifu, should notiff the Secretary of the Special Magistrate prior to "o*"rrr"-ent ofthe
publio hearing, Testimony may be lirnited to no more than five (5) minutes unless extended by the
Special Magistrate,
I. The Special Magistrate may question any witness (es) or call any witness (es) as
necessary.
m,
Magistrate.
The right of the parties to present rebuttal evidence is discretionary with the Special
n. Upon completion of al[ the evidence, each side may be permitted to make brief
closing arguments and the Special Magistrate sharl crose the hearing,
o. The Special Magistrate shall determine whether the County has proven by competent
substantial evidence that a violation has occurred. If the determination ismade that a violation has
occurred, the Special Magistrate shall then decide what corrective action and potential fines shall be
appropriate, If the Special Magistrate does not find that a violation has occumed, the charge shall be
dismissed.
p' The Special Magistrate, upon finding a Respondent in violation, shall issue an oral
Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and
Conclusions of Law and state the corrective action ordered by the Special Magistiate, and the
deadline date for compliance. The Special Magistrate may inciude in such Order a fine amoturt
which will begin to accrue in the event of non-compliance by the date set for compliance. In
determining the amount of the fine, if any, the Special Magisirate shall consider the following
factors:
1) The gravity of the violation;
2) Any potential health, safety and welfare issue.s;
5
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3) Any actions taken by the violator to correct the violation;
4) Any previous violations committed by the violator; and
5) Any other relevant factors.
Such fine shall not exceed One Thousand Dollars ($1,000,00) for each day the violation continues
past the specified compliance date and Five Thousand Dollars ($5,000.00j for repeat violations foreach day the violation continues past the specified compliance date. jn addition, the
Respondent/violator may be ordered to pay any opeiational and/or adrninistrative costs incurred by
the County, Said Order shall be reduced to writing and mailed to the RespondenVviolator within ten
(10) days,
q. In the event the vioiation is a violation described in Section 162,06(4),Fla. Stat., the
Special Magistrate shall notify the local governing body, which may make all reasonable repairs
requited to bring the property into compliance and charge the violator the reasonable costs ofrepairs
along with the fine and any operational or administrative costs.
r. A party may move for a rehearing of the Special Magistrate Order, based only on the
ground that the decision was contrary to the evidence or thit the hearing involved €tn error on a rulingof law, which was fundamental to the decision of the Special Magistoate, The written Motion for
Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and
sent to the Office ofthe Special Magistrate within ten (10) days ofthe date ihe Order is receivid by
the parby, but in no event more than twenty (20) days from the date of mailing of the Order. The
Order of the Speciai Magistrate shall be siayed and the time for taking an app'eal tolled untit theMotion for Rehearing has been disposed of and the decision receivel by ti,L parties; provided,
however, that in no event shall the Order be stayed for a period longer than twentyiZO) days from the
date of the mailing of the rehearing decision.
s. The Special Magistrate shall make a determination as to whether or not to rehear the
matter and the decision shall be announced at a public meeting, reduced to writing and mailed to the
interested parties within l0 days after the decision is made. If ihe Special Magistrite determines that
a rehearing will be granted, the Special Magistrate may: (1) Schedute ahearin! wherethe parties will
be given the opportunity of presenting evidence or argument limited by the Sfecial magistmteto the
specific reasons for which the rehearing was granted; or (2) Modify o, ,ir"r." itslrior Order,without receiving further evidence, providing that the change is based on a finding that the prior
decision of the Special Magistrate resulted from a ruling on a question of law *ttirt the Special
Magistrate has been informed was an erroneous ruling.
t- Any aggrieved party may appeal a final Order of the Special Magistrate to the Circuit
Court within thirty (3 0) days of the execution of the Order appealed. An appeal iha1 not be a hearing
de novo (a new hearing), but shall be limited to appellate-review of ttre record created. Filing anAppeal will not automatically stay the Special Magistrate's Order. A written Motion for Stay must be
submitted to the Special Magishate with a copy to the opposing party. The party filing the appealwill be responsible for obtaining and paying for the traniiript of tr,, pro.rea-ingr.
6
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Packet Pg. 30 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
ARTICLE YIII
Reduction or Abatement of Fines Prior to Imposition of Fine
Section L A motion for Reduction or Abatement of Fines shall be in the for.m of a
written requesl The Motion should contain the following information:
a. Name, and address of named Respondent;
b. Names of all owners of the property which is the subject of the violation;
c. Physical address ofsubject property;
d. Nature of violation;
e' Description of abatement of violation and date of abatement;
f, Mitigating factors that Respondent believes warants a rednction or abatement of
fines;
g, Any other factors the Respondent may wish to have considered by the Speciat
Magistrate
h. Signature ofRespondent; and
i. A11'supporting documentation
In the event the abatement could not be accomplislied, the violation was not completely abated, or
the violation was'not abated in a timely manner in accordance with the Ordir of the Special
Magistrate, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed
description of the efforts undertaken for abatement, the details of any diligent attempt to abate the
violation, an explanation as to why the violation was not timely abated or cannot be abated, and
supporting documentation of the contents of the Motion.
The Respondent should provide the Office of the Special Magistrate three (3) copies ofthe Motionfor Reduction/Abatement of Fines, attaching all supporting documentation. A Motion for
ReductiorVAbatement of Fines may be made after a violation had been abated. Under no
circumstances may a Motion for Reduction/Abatement ofFines be made after the Special Magistrate
has authorized foreclosure by the County Attorney's Office.
Section 2, Upon proper filing of a Motion for Reduction/Abatement of Fines, the Office
of the Special Magistrate shall set the Motion on the next available agenda of the Special Magistrate.
The faiiure of the Respondent to comply with the requirements set forth above may be grounds for
dismissat of the Motion by the Special Magistrate. Such dismissal shall be withouipre;udice to the
Respondent to file another request in accordance with these Rules.
Section 3.. Upon the proper filing of a Motion for Reduction/Abatement of Fines, the
Special Magistrate may consider the following faotors:
a. The gravity of the violation;
,b. Aotions taken by the Respondent to comect the violation;
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c. Whether there were previous violations committed by the violator;
d, The cost upon the violator to correct the violation;
e. The reasonable time necessary to correct the violation;
f' The value of the rreal estate compared to the amorrnt of the fine/lien;
g. Any hardship the fine/lien would cause on the Respondent;
h. The time and cost incurred by Code Enforcement to have the violation corrected;
i. Any other equitable factors which would make the requested mitigation appropriate.
Section 4. The Respondent shall have the burden of proof to show why a fine/lien
should be reduced or abated. The hearing shall be conducted according to Article VII of these
Rules, where applicable.
Section 5. The Special Magistrate will not re-hear a motion for reduction of fines
once a decision has been reached on a previous motion for reduction of fines.
Section 6. The Special Magistrate's decision to grant or deny mitigation of an Order
lmposing Finellien shall be reduced to writing and a certified copy of an Order imposing a fine shall
be recorded in the public records and thereafter shall constitute a lien against the iand on which the
violation exists and upon any other real propefiy or personal properly owned by the violator in
Collier County, Florida. Any aggrieved party may appeal a final Order of the Special Magistrate to
the Circuit Court within thirry (30) days of the execution of the Order appealed. An appeal shall not
be a hearing de novo (a new hearing),but shall be limited to appellate ieview of the ietord. created.
Filing an Appeal will not automatically stay the Special Magistrate's Order. A wr.itten Motion for
Stay must be submitted to the Special Magistrate with a copy to the opposing party. The party filing
the appeal will be responsible for obtaining and paying for the transcript of the proceedlngs.
ABrr.eLE rx
llnposition of Fines
Section l. Upon the date for compliance in a written Order of the Special Magistrate,
the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-
compliance with the Order of the Special Magistrate.
Sestion.Z' The Code Enforcement Investigator shail fiie an Affidavit of Compliance
or Non-Compliance with the Secretary to the Speciai Magistlate. A copy of said Afgrdavit may be
19nt to the violator by regular U.S. mail and recorded in the Public Records of Collier County,
Florida,
Section 3' Upon a Motion for Imposition of Fines being filed by the County, the
Office of the Special Magistrate shall set the Motion for hearing before the Special Magishate
with proper notice to the RospondenVviolator. Any pending Motion for Abatiment/Reduction of
Fines shall be set on the same date for hearing of the County's Motion, when received in a timely
mannet. This hearing shall uot be a trial de novo or a new hearing on the original case. The
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County may present evidence of the period of non-compliance, the amount of daily fines and the
total amount of fine requested to be imposed, as well as any operational costs incurred or to be
imposed, Respondent may be given the opportunity to present any written Motion for
AbatementlReduction of Fines and any testimony in support thereof. Respondent/violator may
also, at the discretion of the Special Magistrate, 6e giv"" the opportunity to present testimony
regarding efforts made toward compliance and abatement, which may be considered as
mitigating circumstances. In rebuttal, the County may be given the opportunity to present
testimony regarding aggt avating circumstances.
Section 4. The Special Magistrate shall determine the amount of fines as applicable
to be imposed, In determining the amount of the fines, if any, the Special Magistrate shall
consider the following factors:
a) The gravity of the violation;
b) Any actions taken by the violator to correct the violation
c) Any previous violations committed by the Respondent/violator; and
d) Any other relevant factors
The daily fine amount to be assessed upon non-compliance shall be as designated in the Order of
the Special Magistrate in which Respondent was ordered to comply. ln addition, the
Respondent/violator may be ordered to pay any operational and/or administrative costs incurred.
In the event the violation(s) has/have not been abated at the tirne of the hearing on the Motion for
Imposition of fines, the Special Magistrate may determine if daily fines shall continue to accrue
or if a stay is appropriate. The Special Magistrate's determination to impose operational costs
and/or fines shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be
mailed to the violator by regular U.S, mail or served upon the violator as specified by the
Ordinance.
Section 5, A certified copy of an Order of Imposition of Fines shall be recorded in the
public records of Collier County, Florida, and thereafter shall constitute a lien against the land on
which the violation exists and upon any other reai property or personal property owned by the
violator and located in Collier County, Florida. Upon petition to the Circuit Court, such Order
may be enforced in the same manner as a court judgment by the Sheriffs of the State, including
levy against personal property, but shall not be deemed to be a court judgment except for
enforcement pu{poses. In the event the violation(s) has/have not been abated at the iime of the
hearing on the Motion for lnposition of Fines, the Special Magistrate may determine if daily
fines shall continue to accrue or if a stay is appropriate. A fine imposed pursuant to the parfy
shall continue to accrue until the violator comes into compliance or until judgment is rendered in
a suit to foreclose on a lien filed pursuant to the ordinance, whichever eomes f,rrst. After ninety
(90) days from the filing of any such lien, which remains unpaid, the Special Magistrate may
authorize the attorney representing the Board of County Commissioners to foreclose on the lien,
No lien created pursuant to this ordinance may be foreclosed on real property, which is
homestead under Section 4, Article X of the Florida Constitution.
Section 6, No lien imposed pursuant to this article shall continue for a period longer
ttran twenty (20) years after the certified copy of an Order of Imposition of Fine/Liin has been
9
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recorded, unless within that tirne an action to foreclose on the lien is commenced in a court of
competent jurisdiction. [n an action to foreclose on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attorney's fee, incurred by that party in the foreclosure
action.
ARTICLE X
Miscellaneous
$qstion 1.. These Rules and Regulations may be revised and adopted consistent with state
statutes and county ordinances during a regular meeting.
Section 2, The Special Magistrate shall not knowingly discuss any case with any alleged
violator or with any other interested parly prior to the final resoiution of the case.
Section 3. In the event a violation is occurring on property under multiple ownership
and/or in which there is a tenant and there is the potential that the other property owner(s)' or
tenant(s)' interest will be affected by the Special Magistrate's decision, the Code Enforcement
Investigator may include the properly owner and/or tenant as Respondent to the case,
Sgction 4. Intervention by non-parties maybe permitted ifthe non-party has been found
by the special Magistrate to be a person affected by the outcome of the case.
Section 5. The Special Magistrate has discretion to ask for periodic reports from County
staffas to the status ofcases.
Section 6. In the event of a conflict between these Rules and Regulations and the
provisions of any ordinance(s) or statute(s) applicable to the Special Magistrate, the provisions ofthe
ordinance(s) or statute(s) shall prevail,
Section 7, Any case in which there has been a hearing by the Speciat Magistrate prior to
the adoption of these Rules and Regulations shall be governed by the previously adopted ruies and
regulations in effect at the time of the heariug.
AND REGULATIONS As Amended, ARE HEREBY APPROVED this
2016,
COLLIER COUNTY SPECIAL MAGISTRATE
C. Garretson
Special Magistrate
10
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Packet Pg. 34 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
July 21,2020
TRANSCRIPT OF THE MEETNG OF THE
BOARD OF COUNTY COMMISSIONERS
Naples, Florida, July 21, 2020
LET IT BE REMEMBERED, that the Board of County
Commissioners, in and for the County of Collier, and also acting as
the Board of Zoning Appeals and as the governing board(s) of such
special districts as have been created according to law and having
conducted business herein, met on this date at 9:00 a.m., in
EMERGENCY SESSION in Building "F" of the Government
complex, East Naples, Florida, with the following members present:
Burt L. Saunders
Andy Solis
William L. McDaniel, Jr.
Donna Frala (via speakerphone)
Penny Taylor
ALSO PRESENT:
Leo Ochs, County Manager
Nick Casalanguida, Deputy County Manager
Jeffrey A. Klatzkow, County Attorney
Crystal K. Kinzel, Clerk of the Circuit Court & Comptroller
Troy Miller, Communications & Customer Relations
EXHIBIT
c
Page 1
Chairman:
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Iuly 21,2020
COMMISSIOI\TER SOLIS: Right, if we revisit it. And
if -- obviously, if there's a drastic change in it, then we could revisit it
earlier.
CHAIRMAN SALII{DERS: Right. I would suggest rhat we
come up with a date.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SAI-INDERS: And we just simply say if this
order passes, that it expires on that date.
COMMISSIONER SOLIS: Right.
CHAIRMAN SALTNDERS: so six weeks would give us a day.
We have a meeting in early September, so we're talking about early
September. What's our first meeting in September?
MR. OCHS: You meet on September 3rd for your budget, sir.
That's a Thursday evening. That's your first meeting back.
CHAIRMAN SALNDERS: All right. And we can come in
earlier that day if necessary. Let's have it expire on September 3rd.
COMMISSIONER SoLIS: That's -- and that's a clear-cut date
so there's no -^
CHAIRMAN SAUNDERS: At midnight on September 3rd
unless we meet on September 3rd to extend it. A11 right. Is that all
right?
COMMISSIONER TAYLOR: Right.
COMMISSIOI{ER SOLIS: That's fine.
The other thing I would suggest is in terms of the fines that what
we could do is we could fashion it where first there's a warning and
then there's one fine, and if there's another violation, another fine, and
then a third violation, it's another fine, so it's a graduated thing, you
know, as opposed to immediately goingto a$500 fine, because there
will be, I'm sure, somo newness to it, and people have to, you know,
get used to it, so...
CHAIRMAN SATINDERS: Mr. Klatzkow, if you could -- the
Page 111
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July 21,2020
way that this would work would be code enforcement.
MR. KLATZKOW: Yeah.
CHAIRMAN SALTNDERS: If you could explain how that
would work.
MR. KLATZKOW: The way Code Enforcement typically
works -- it's a fine not to exceed 500. Typically, the first violation,
the Code Enforcement Board might issue a 7 5 or $ 100 fine. Second
violation, they'll go up to 250 --
COMMISSIONERSOLIS: Okay.
MR. zu-ATZKOW: -- and the third violation is when they
typically say, okay, now it's 500.
CHAIRMANI SAITNDERS: The other important point of that,
though, is if there is a complaint and Code Enforcement goes to the
business and determines that the business operator is not requiring
masks, then typically what happens is they get a warning or a notice
of violation and a certaintime period to cure.
MR. I<LATZKOW: Yes.
CHAIRMAN SALNDERS: so if you could kind of explain
that, because with our Code Enforcement, our goal has always been
compliance, not punishment.
MR. I<L/,TZKOW: That's correct. Punishment is sort of like
a last resort when we have a recalcitrant violator. Most cases resolve
amicably between Code Enforcement and the violator.
CHAIRMAN SATINDERS: And then, ultimately, that can be
appealed to this board.
MR. KI-ATZKOW: Ultimately -- no. Illtimately, it
goes -- from the Code Enforcement Board, it would go to the Court.
But at the end of the day only a minority of the violations actually
make it to the Code Enforcement Board. Then only a minority of
those violations actually make it to a second violation. It's the small
minority of people who just won't comply.
Page 112
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Jaly 21,2020
COMMISSIONER soLIS: well, and that was -- I guess that's
the way it's set up anyvvay, so that's the way it would work. That's
what I was suggesting is -- so I don't know that we need to do
anything there. But those are really the -- and the changes that,
Commissioner Saunders, you had requested last time, I think, were
flne as well, deleting the -- any kind of sheriffs involvement or any
kind of criminal penalty of any kind.
The one thing that I'm open to discussing is the ordinance said, it
shall not apply to children under two, and I think we were in the
middle of a discussion about what that age would be, and I -- you
know, not being an expeft in that area.
CHAIRMAN SALTNDERS: I just kind of picked a number out
of the air, which was 10, but I've now read -- and I don't know if the
manager can correct this or not, but the spread of the virus by
children nine and under is very, very rare.
COMMISSIONER SOLIS: Okay.
CHAIRMAN SALNDERS: So the time frame wasn't
particularly off the mark, but maybe we need to reduce that to nine
years old. Children nine and under as opposed to 10 and under. I
think that's compliant -- or consistent with some of the new data that's
out.
COMMISSIONER FIALA: Mr. Chairman, this is Donna Fiala.
I don't think you heard me before when I replied that -- because my
mute button was on, but I'm here, too.
CHAIRMAN SAUI.{DERS: Okay. Good, good. We were
going to get to you to make sure whatever cofltments you have would
be aired here.
So, if we could change that to nine, I think that's good.
COMMISSIONER SOLIS: Yeah. And that's fine with me. I
don't know if there's -- if there's any other ^^ any other changes. But
with those changes, I would make a motion that we adopt this
Page 113
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IN THE CIRCLIIT COURT OF THE
SEVENTH JIIDICIAL CIRCUIT" IN AND
FOR ST. JOHNS COLINTY, FLOzuDA
CASE NO.: CA20-0724
DIVISION:55
JEFTREYD. NAGER,
Plaintiff,
vs.
CITY OF ST. AUGUSTINE, apolitical
subdivision of the State of Florida,
Defendant.
ORDER DENYING PLAINTTTF'S VERIFIED COMPLAINT TOR EN4ERGryI!.CY
INJUNCTTVE RtrLIET
THS MATTER came beforc the Corut for a hearing held on August 7,2020, on the
Plaintiff s Verified Complaint for Emergency Injunctive Relief of July 2, 20201. Present at the
hearing were Anthony Sabatini, Esc1,, representing the Plaintiff, Jeffrey D. Nager (hereinafter
t'efeffed to as 'Mr. Nager"), as well as Denise May, Esq., r'epresenting the City of St, Augustine
(hereinafter refened to as the "City"). The Court has considered the Verified Complaint for
Emergency Injunctive Relief and Declaratory Judgment (DIN 6), the City's Response (DIN 18),
and the documents for which the City has sought the Court to take judicial notice (DlN 17,20);
and has additionally heard and considered the argument of counsel. Being otherwise fully
informed in the premises, the Court flnds as follows:
Factual Backgronnd
I The Verified Complain! filed on i:r.ly 2,2A20, also contains a count for declamtory relief, which the City has
separately moved to dismiss. (DIN 24)
!obg 7
Filed for record urcazlzl 02:38 pM cterk of court st.Johns County, FL
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Packet Pg. 39 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
The instant action arises as a result of the current global pandemic caused by the novel
coronavirus, seyere acute respiratory syndrome coronavirus 2 (SARS-CoV-2), which causes the
acute respiratory illness COVID-l9. Chief Justice Roberts recently described COVID-19 as "a
novel severc acute respiratory illness that has killed ... morethan 100,000 nationwide," and*
importantly - further noted that due to the transmission mechanism of the SARS-CoV-2 vinrs,
"people may be infected but asymptomatic," and consequently "may unwittingly infect others."
S. Bay United Pentecostal Ch.urch v. Newsom, 140 s.ct. 1613, 1613 Q0z0) (Roberts, c.J.,
concutring). The principal method of tmnsmission of the SARS-CoV-2 virus is via airborne
particles, which become aerosolized rvhen infected individuals cough, speak, and sneeze.
Mol'eover, because infected individuals who are asymptomafic or presymptomatic can readily
spread the virus without exhibiting symptorns, there is a demonstrable need to curtail inadvertent
transmission. Accordingly, the Centers for Disease Control and Prevention have strongly
encouraged the utilization of face coverings, in conjunction with social distancing, to minimize the
transmission of the SARS-CoV-2 virus. "Considerations for Wearing Masks,,,
https://www.cdc.gov/coronavirus/2019-ncov/prevenhgetting-sick/cloth-fa.ce-cover-gtidance.html.
(Dec. 18, 202q. This recommendation stems from significant scientific literature supporting that
face masks provide a barrier to impede the transmission of virus pafticles that are exhaled from
infected individuals. 1d. Furthermore, therc is evidence supporting that face masks may also
provide some measure of protection for the wearer. Id.
Despite efforts to mitigate the spread of COVID-19, the numbers of infected individuals in
Florida, including St. Johns County and the City of St. Augustine, have contimred to rise, along
with associated hospitalizations and deaths. At the time the Resolution and Administrative order
were issued, there was significant uncertainty conceming the efficacy of various treatments for
2
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COVID-I9, and an effective vaccine had not yet been developed. As of the date of the rendition
of this Order, over 17 million individuals have been infected with SARS-CoY-Z throughout the
Unitecl States, and over 300,000 individuals are leported to have died with COVID-19 infection.
"United States COVID-19 Cases and Deaths by State," covicl.cclc,gov/covicl-data-
traclrcr/lbases_casesperl11klastTdays (Dec. 18, 202q. Additionally, despite significant medical
advances, individuals continue to become infected and die at an alarming rate, healthcare systems
throughout the country remain ovoilun) and a vaccine is yet to be widely distributed. In light of
the foregoing, on March 13,2020,the PrBsident of the United States declared a national state of
emergency, GovernorDeSantis independently declared a state of emergency in the State ofFlorida
on Matph 9,202A via Executive Order 20-52,which was extended on May 8,2020 and again on
July 7, 2020. Taking this information under consideration, the City Commission for the City of
St. Augustine (hereinafter referred to as the "City Commission") convened on June 26,2020 in an
emergency meeting to consider implementing a mask mandate whereby individuals within the City
would be required to wear facial coverings in public indoor spaces, where social distancing is not
possible, for the temporary duration of the declared state of emergency.
On June 26, 2020, the City Commission implemented Resolution No. 2020-22 (the
"Resolution") and its accompaniment, Administrative Order No. 20-11 (the "Administrative
Order"), which provides in ftlll as follows:
Section 1. Deflnitions,
Face Covering shall mean a unifomr piece of material that securely covers a
person's nose and mouth and remains affixed in place without the use of one's
hands. Types of coverings include a face mask, homemade mask, or other covering,
such as a scarf, bandana, handkerchief, or other similar cloth covering or shields.
Social Distancing shall mean keeping space between yourself and other peopte by
staying at least six (6) feet (about 2 arrns' length) from other people.
a
-)
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Companion shall mean a person by whom you are accompanied.
Section 2. Face Coverings Required.
a. Every person working, living, visiting, or doing businsss in the City of St.
Augustine shall wear a face covering in any indoor location, other than their
home or rcsidence, while not maintaining social distancing from other
person(s), excluding family members or companions.
b. Nothing herein shall require or allow a person to wear a face covering so as to
conceal the identity of the we arer in violation of Chapter 876, F lorida Statutes.
c. All businesses are encouraged to prohibit entry of any person who is not
wearing a face covering with the exception of the below iisted persons.
Section 3. Exceptions.
Nothing herein shall require thc wearing of faee covcrings by the following people:
a. Persons under the age oftwo years; and
b. Pcrsons obscrving social distancing in accordance with CDC guidelines; and
c. Persons for whom a face covering would cause impairment due to an existing
health condition; and
d, Persons working in a business or profession who do not have interactions with
other persons; and
e. Persons working in a business or profession who maintain social distancing
from another percon; and
f. Persons wotking in a business or profession wheie use of a face covering would
prevent them from performing the duties of the business or profession; and
g. Persons exercising, while maintaining social distancing; and
h. Persons eating or drinking; and
i. Public safety, firc and other life safety and health care personnel, as their
personal protective equipment requirements will be governed by their
respective agencies; and
j, The requirement shall not apply when a person who is hearing impaired needs
to see the mottth of someone wearing a face covering in order to cornmunicate;
and
4
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k, The rcquirement does not apply to any outdoor activity permitted under City,
County, or State order, but face coverings should be readily available rvhen
coming within six (6) feet of an individual not pafi of a person's immediate
family or cohabitating living unit.
Section 4. Enforcement.
Pursuant to Sec. 252.46, Florida Statutes, this Order shall have the full force and
effect of law, and purcuant to Chapter 2, Article VI, of the Code of the City of St.
Augustine, a violation of this Order shall be a non-criminal civil infraction,
enforceable under Chapter 2, Article VI, Division 2, of the City Code, which carries
a penalty of up to a $500.00 fine.
Section 5. Effective Date; Expiration Date.
a. This Order shall become effective on June 27,202A, at t2:01 AM.
b. This Order shall remain in effect in the City of St. Augustine for so long as a
state of emetgency is in effcct or unless otherwise modified or repealed.
lnhis Verified Complaint for Emergency Injunctivc Rclief and Declaratory Judgment, Mr,
Nagcr asserts that he is employed within the City and has been personally and adversely affected
by the mask mandate, (Compl. tl l1) More particularly, Mr. Nager avers that he is presumptively
required by the Administrative Order to wear a maslc when he is unabie to socially distance, which
he cannot safely do because he suffers from an astlnnatic medical condition. Id. Mr. Nager
challenges the constitutionality of the City's Resolution and Administrative Order under the
Privacy Clause set forth in Arlicle I, Section 23 ofthe Florida Constitution, the Due Process Clause
contained within Article I, Section 9 of the Florida Constitution, and the Equal Protection Clause
contained set forth in Article I, Section 2 ofthe Florida Constirution. (Compl. 1lT 13-16) Mr.. Nager
further assefis that the Administrative Order is void for vagucness. (Compl. ll 16) Finally, Mr.
Nager contends that the Resolution and Administrative Order are illegat and void because they do
not constihtte properexercises ofthe City Commission's authorityunderthe City Charter. (Comp.1J
17) Mr, Nager seeks to enjoin the City from enforcing the Administrative Order; and further
5
ll
i:
i:
;:
ii
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requests a declaration that the Administrative Order is unconstitutional, illegal, and void. The
instant order addresses Mr. Nager's arguments within the context of his request for an emergency
temporaty injunction enjoining the City from enforcing the Resolution and Administrative Order.
Standard
The extraordinary remedy of a ternporary injunction "should be granted sparingty and only
after tlre nroving party has alleged and proved facts entitling it to relief," Ililes v. Atto Bahtt Fed'n,
lnc.,498 So.2d 997,998 (Fta, 4th DCA 1986). To obtain a temporary injunction, the movanr
must establish the following: (1) a substantial likelihood of success on the merits; (2) a lack of an
adequate remedy at law; (3) the likelihood of irreparable harm absent the entry of an injunction;
and (4) that injunctive relief will sere the public interest. Gainesville Woman Care, LLC v. State,
210 So. 3d 1243, 1258 (Fla. 2017). The movant must prove each element with competent,
substantial evidence. State, Dep't of Health v. Bayfi.ont HMA Med Ctr., LLC,2z6 so. 3d 466, 472
(Fla.lstDCA20l8). Before aninjunctionmayissue,"atrialcourtmustbecertainthatthepetition
or other pleadings demonstrate a prima facie, clear legal right to the relief requested." Colonial
Bank, N,A.v, Taylor Morrison Sents.,lnc.,70 So, 3d 653,656(Fla. 5th DCA2009) (citingNaegele
Outdoor Adver. Co. v. Ctt.v ofJacksorlille,65g So.2d 1046, 1048 (Fla. 1995)), If the movant fails
to prove one of the requirements, the motion for injunction must be denied. Bayft.ont,236 So. 3d
at 472.
AnalvS,iS-
Substantial Likelihood of Success on the Merits
To prevail on his claim for a temporary injunction, Mr, Nager must first establish that he
has a substantial likelihood of succeeding on the merits regarding his constitutional challenges to
the Administrative Order. A plaintiff can show a substantial likelihood of success on the medts
by demonstrating that "good reasons [exist] for anticipating that result." City af Jacksonville y.
6
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Packet Pg. 44 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Naegele Outdoor Advert. Ca., 634 So.2d 750, 753 (Fla. lst DCA 1994). As more particularly
described hereunder, the Court finds Mr. Nager has failed to show that there are good reasons for
anticipating the Resolution and Aclministrative Order willbe found unconstitutional under either
the Jacobson test for assessing the constitutionality of emergency public health measures, or the
more stringent traditional levels of constitutional scrutiny,
Jacobsort
Because the Resolution and Administrative Order are temporary and directed at preventing
the spread of COVID-l9 in the midst of a declared public health ernergency, they are valid
exercises of the City's public health police power falling within the ambit of the United States
Supreme Court's decision inJacobsonv. Commonwealth of Massctchusetts,197 U.S. 11 (i905).
In Jacobson, the Supreme Court addressed the constitutionality of the state's compulsory
vaccination law, which was enacted in response to the then-existing smailpox epidemic.
Reasoning that "a community has the right to protect itself against an epidemic of disease which
threatens the safety of its members," the Supreme Court established the fotlowing highly
deferential two-part test for determining whether an emergency public health measure is
constitutional: (1) there must be "at least some 'real or substantiai relation"' between the restriction
and the public health crisis; and (2) the restriction must not be "beyond all question, a plain,
palpable invasion of rights secuted by the fundamental lavt." Id. at 3l. The Court provided the
following justification for its broad deference to the state's police power in emergent public health
situations
[I]n every well-ordered society charged with the duty of conserving the safefy of
its members the rights of the individual in respect of his liberf may, at times,
under the pressure ofgreat dangeis, be subjected to such restraint, to be enforcecl
by reasonable regulations, as the safety of the general public may demand,
n
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Packet Pg. 45 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Id, at29. Our federal appellate courts, ciling.lacobson, har.e further cautioned that it is "no part
of the function of a court to decide which measures are lilrely to be the most effective for the
protection of the public against disease." In re Abbott, 954 F.3d 772,718 (5th Cir. 2020).
As indicated supra, the prevailing scientific literature ovenvhelmingly supports that face
coverings are an effective measure to mitigate the spread of COMD-I9; and as such, the mask
mandate contained within the Administrative Order very evidently bears a "real and substantial
relationship" to the COVID-I9 pandemic. Jacobson,197 U.S. at 31. As to the second prong of
.lacobson, the Court finds that the Administrative Order is not, by any stretch of the imagination,
"a plain, palpable invasion of rights secured by the fundamental law." Id. The mask mandate
contained in the Administrative Order is a temporary, limited measul'e; is only applicable indoors
and in situations where social distancing is not possible; and contains a number of exemptions
ensuring the mandate is not unduly restrictive, In addressing the constitutionaliry of a similar mask
mandate, one of our sister circuit courls has astutely observed that 'there is no recognized
constittttional right rol to wear a facial covering in public locations or to expose other citizens and
visitots .., to a contagious and potentially lethal virus during a declared pandemic emergency.',
Green v, Alachua Cnty.,caseNo, 0l-2020-cA-001249 (Fla. 8th cir. ct. May 26,zo2o).
Based on the foregoing, the Coufi finds that the Resohrtion and Administrative Order at
issue resounclingly satisfy both prongs of the Jacobsor? test; and Mr. Nager has consequently failed
to establish a likelihood of success on the merits. The Court is of the opinion that the inquiry into
the constitutionality ofthe Resolution and Administrative Order ought to end here; however, there
appears to be some uncertainty between the parties - and even amongst vadous courts throughout
the United States - regarding the correct constifutional test to apply in cases such as the instant
or-ie. Conrpare Bimber's Delwood, Inc. v, Jarues, Case No. 20-CV-1043S, 2020 WL 615g612, at
8
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+8 (W.D,N.Y. Oct, 21 202q ("Coutts across the country have nearly uniformly relied on
Jacobson's framework to analyze emergency public he alth measures put in place to curb the spread
of coronavirus") (quoting Page v. Cuomo, Case No. 1:20-CY-732,2020 WL 4589329, at *8
[N.D.N.Y. Aug. 11, 2020)); wirh Cnry. Of Butler v. Wolf, Case No. 2:20-cv-677, 2020 WL
5510690, at*7-8 (W.D. Penn. Sept. 14, 2020) (disapproving of Jacobson and applying "regular"
constifutional scrutiny to measurcs taken in response to the coronavirus pandemic, reasoning that
",lacobsott was decided over a century &8o," and "there has [since] been substantial development
of federal constitutional law in the area of civil libeities,"), Accordingly, in an abundance of
caution, the Courl will proceed to apply the traditional levels of constitutional scrutiny to Mr.
Nager's claims.
Right to Privacy
Mr. Nager contends that the Resolution and Administrative Order violate the Privacy
Clause contained within Article I, Section 23 of the Florida Constitution, which provides in
pertinent part:
Every natural person has the right to be let alone and free from governmental
intrusion into the person's private life except as otherwise provided herein.
More specifically, Mr. Nager asserts that the Administrative Order violates the right to medical
privacy because it contains a compulsory recluirernent to wear a mask in certain public situations.
The right to privacy set forlh in the Florida Constitution "is a fundamental right which ,., demands
the compelling state interest standard [of constitutional scrutiny)." Winfieldv. Div. of Pari-Mtdual
wagering, Dep't of Bus. Reg., 477 so.zd 544, 547 (FIa, 1985), A restriction on privacy
accordingly surives constitutional scrutiny where it "servss a compelling state interest and
accomplishes its goal through the use of the least intrusive means." Id, at 547. However, the
privacy clause of the Florida Constitution "was not intended to be a guarantee against all intrusion
9
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into the life of an individual;' Ciqt of N. Miami v. Ktrtz,653 So. 2d 1025,1027-28 (Fla. 1995)
(citing Fla. Bd, of Bor Examiners re Applicant,443 So. 3d 7l (Fla. I983). "[B]efore the right of
privacy is attached, and the c{elineated standard applied, a rcasonable expectation of privacy must
exist." Winfeild v. Div, of Pari-Mutttel Wagering, Dep't of Bus. R"9.,477 So.2d 544,547 (Fla.
1e8s).
The tkeshold question before this Court's consideration, therefore, is whether the law
recognizes a legitimate expectation ofprivacy in whether one covers their nose and mouth in public
indoor spaces, The Court finds there exists no such expectation of privacy in public locations. See
Power v. Leon Couttty, Case No. 2020-CA-001200 (Fla, 2d Cir. Ct. July 27,2020) (citing Prcorr
t,. Gilhun, 87 4 F .2d 1519 , l52l (i 1th Cir. 1989); Pottirrger v, City of Miami, 810 F.Supp. 1551
(S.D. Fla. 1992) (suppofiing the premise that there is no recognized right to a reasonable
expectation of privacy in a public location)). As explained in Green, supra, there is no recognized
righl ttot to wear facial coverings in public locations; nor is there a constitutionally-r'ecognized
right to expose others to the SARS-CoV-2 virus by rnoving freely throughout public locations in
the midst of a global pandemic. Notably, the Court in Green reasoned: "An Alachua County
citizen's right to be let alone is no morc precious than the corresponding right of his fellow citizens
not to become infected by that pelson and potentially hospitalized." Green, Case No. 0l-2020-
CA-001249. The Court finds this reasoning to be particularly persuasive. Consequently, the
Court finds Mr. Nager has failed to establish that he enjoys a legitimate expectation of privacy that
is protectable under the Florida Constitution,
Substantive Due Proces s
Mr. Nager additionally asseds that the Administrative Order violates the substantive due
process clause found in Article I, Section 9, of the Florida Constitution, which provides that ,,[n]o
l0
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Packet Pg. 48 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
person shall be deprived of life, liberty ol propefiy without due process of law." The substantive
due process clause set forth in Florida's Constitution is designed to protect only those fundarnental
rights which ale "so 'implicit in the concept of ordered liberty' that neither liberfy nor jnstice
would exist if theywere sacrificed." Jackson v. State,191 So.3d 423,428 (Fla.2016) (quoting
Palko v. Conn.,302 U.S. 319,325-26 (1937)). The categories of [iberty interests protected by
substantive due process include "the rights to marry, to have children, to direct ths education and
upbringing of one's children, to marital privacy, to use cotrtraception, to bodily integrity, and to
abortion." Doe v, Moore,4l0 F.3d 1337,1343 (1lth Cir. 2005) Qnterual, citattons omitted).
Because our substantive due plocess clause protects only a narow class of liberfy interests,
"[a]nalyzing a substantive due process claim fnecessarity] begins with a 'careful description ofthe
asserted right."' Jackson, 191 So.3d at 428 (quoting Reno v. F'lores,5O7 U.S. 29?,302 (1993)).
In the instant case, Mr. Nager wholly fails in the Complaint to articulate a fundamental
right irnplicated by the Administrative Order such as would invoke the substantive due plocess
clause of the Florida constitution. Assuming arguendo that the "fundamental right" Mr. Nager
aileges has been violated by the enactrnent of the Administrative Order is his right not to be
required to wear a mask in public places, which he has at times couched as a "rnedical privacy"
issue, the Court ftnds this does not constitute a protectable liberry interest under Amicle I, Section
9 of the Florida Constitution, Accordingly, the Court finds Mr, Nager has not established a
likelihood of success on the merits of his substantive due process challenge to the Resolution and
Administrative Order.
Equal Protection
Mr. Nager next asserts that the Adrninistrative Order is unconstitutional because it vioiates
the Equal Protection Clause of Article 1, Section 2 of the Florida Constitution, which reads:
11
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Packet Pg. 49 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
All natural persons, female and male alike, are equal before the larv and have
inalienable rights, among which are the right to enjoy and clefend life and liberty,
to pursue happiness, to be rewarded for industry and to acquire, possess and protect
property. No person shall be deprived of any right because of race, religion,
national origin, or physical disability.
Mr. Nager's equal protection claim is chiefly premised upon the argument that the
Administrative Otder exempts "cettain goverrunent ernployees," whom he claims are exempt
indefrnitely and in all places. (Cornp. 1l 16) At the outset, the Court obseres that Mr. Nager's
equal protection challenge appears to be prernised upon the exception contained within Section
3.i. of the Administrative Order, which exempts "public safety, fire and other life safety and health
care personnel" on the basis that their personal protective equipment recluirements will be
governed by their respective agencies." This exemption, on its face, is not limited to government
employees. Further, inPowerv. Leon Comg, the Court denied a similar challenge to an exception
contained within a mask mandate, reasoning as follows:
Plaintiff appears to overlook that while public safety, fire, and other life safety and
health care persorurel are not subject to thc Ordinance, they are nevertheless subject
to whatever personal protective equipment ("PPE') requirements are mandated by
their respective agencies, This does not mean those persons will not be wearing
more than just face coverings. contrary to Plaintiff s contention, public safety, fire,
and other life safety and health care personnel are likely to have a higher risk of
exposure and infection than the general population ofLeon County residents due
to the nature of their professions. That, in and of itself, constifutes a legitimate
reason to draw a distinction between these persons and the average resident. And,
given the level of contact these public health and safety personnel have with the
members of the public, requiring more specified PPE is reasonably related to the
goal of slowing the rate of infection and decreasing the positive cases of coMD-
19 in the county. Thus, Plaintiff has not shown that the Emergency ordinance's
designation between residents and those public health and safety individual
identified ins ection 3(ii)b is a violation to the Equal Protection clause. See prof'!.
Beaug Fed'n of cal., 2020 wL 3056126, at *7 (addressing an equal protection
claim related to the stay-at-home ordcr which permiued the continuation of
essential businesses); Tullywhacker, Ittc, t,. cooper, case No. 5:20-cv-2lg-FL,
2020 \{L 3051201 (E.D.N.C. June 8, 2020) (frnding a reasonable basis for
distinguishing between plaintifPs entertainment and fitness facility and. restaurants
and holding that the plaintiff was unlikely to succeed on their equal protection
claim),
12
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2020-CA-0012A0, at *19. The instant Administrative Order contains identical language to that
challenged in Power v. Leon County. As in Power', in the present case, thc Court finds that the
exception containsd with the Administrative Order addressing its applicability to public safety,
fire, and other life safety and health care personnel is clear'ly intended to defer to the more
restrictive protective measures they will be subjected to under their respective agencies.
Consequently, the Court lilcewise finds that this exception does not cause the Administrative Order
to violate the Equal Protection Clause of our state's Constitution.
Mr, Nagel incidentally asserts that he will be "discriminated against" and "harassed"
because he cannot wear a mask in conformance with the requirements of the Administrative Order,
presumably due to his asthmatic condition. Holvever, ifthe basis upon which Mr. Nager is unable
to weal' a mask is his existing asthmatic condition, then he ostensibly would be entitled to claim a
valid exemption fi'om the mask mandate under Section 3.c of the Administrative Order, which
contains an exception for "persons for whom a face covering would cause impairment due to an
existing health condition." Thus, the exact condition which Mr. Nager claims provides fodder for
discrimination likewise provides a basis for exemption from the mask mandate. Accordingly, the
Court finds no credence to Mr. Nager's contention that the mask mandate violates the Equal
Protection clause contained in Article 1, Section 2, of the Florida constitution.
Vagueness Chall.enge
Mr. Nagerseparately contends thatAdrninistrativE Order is unconstitutionally vague. More
specifically, Mr. Nager claims that two of the exceptions provided within the Administrative Order
are not worded with sufficient particularity to enable hirn to ascertain their applicability: the
exception for "fp]elsons for whom a face covering would cause impairment due to an existing
health condition"; and the exception for "fo]ersons working in a business or profession where use
l3
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Packet Pg. 51 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
of a face covering would prevent them frorn perforning the duties of the business or profession-"
(Comp. ll 15) Mr, Nager argues that both of these exceptions render the Administrative Order
subject to arbitrary enforcement due to their vagueness.
"A statute is not void for vagueness if the language 'conveys sufficiently definite warning
as to the proscribed conduct when measured by common understanding and practices."' Brown y.
State, 629 So. 2d 84I, 842 (Fla. 199a), Additionally, "the fact that several interpretations of an
ordinance may be possible does not render a law void for vaguenes s." Ctty of Daytona Beach v.
Del. Percto, 476 So.Zd 197,200 (Fla, 1985). Although "[w]ords inevitably contain gemrs of
uncertainty, ... when regulations are set out in terms that the ordinary person exercising ordinary
common sense can sufficiently understand and comply with, fthele is no] sacrifice to the public
interest." 1d. Applying these general principles of construction to the case at bar, the Court finds
that the two challenged exceptions are not faklly unclear or ill-defined such as would render the
Administrative Order unconstitutionally vague, Notably, Mr. Nager has failed to demonstrate
"that the [challenged provisions] cannot be understood by persons of common intelligence"; rather,
he merely alleges in a conclusory fashion that the exceptions at issue are subject to arbitrary
enforcement, without providing any facts or argument supporting how the exceptions might be
arbitrarily enforced2, Accordingly, the Court finds that Mr. Nager cannot establish a likelihood of
prevailing on the merits of his vagueness challenge.
Laclc of Auth.ority
Finally, Mt Nager asserts the City lacked the legal authot'ity to issue the Adrninistrative
Order. This argument is entirely unavailiug. The evidence presented at the August7,2020 hearing
demonstrated that the Administr-ative Order was issued as a result of a unanimous vote by the City
2It is not readily apparont fiom the allegations in the Complaint whether Mr-. Nager intends to asselt a facial or as-
applied challenge to the Administrative Order, or both; however, as indicated her:eiu, the Conrplaint fails to support
a challenge of either character.
14
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Commission in a meeting that was properly convened. Mr. Nager has cited no existing authority3,
and has advanced no argument, supporting that the City does not have the authority to impose a
mask mandate.
For the foregoing reasons, the Court finds Mr, Nager has not demonstrated a likelihood of
success on the merits of his constitutional challenges to the Resolution and Administrative Order.
Lack of an Adequate Remedv at Law
"lnjunctive relief will not lie where thcre is an adequate remedy of law available."
Meritplan Ins. Co, v. Perez,963 So. 2d 7"17, 776 (Fla.3d DCA 2007). Such is the case here.
PLaintiff asserts he lacks an adequate remedy at law because no "remedy exists to protect" his
rights claimed to be infringed by Crty action. (Comp. { 20) However, Mr. Nager acknowledges
within his Complaint that the Administtative Order expressly states a violation thereof will result
in the imposition of a civil fine. Accordingly, in the event Mr. Nager is found to have violated the
mask mandate and is fined, he would be afforded the opportunity to contest the fine in a court of
law, Because Mr. Nager would be entitled to challenge the imposition of a filre levied under the
Administrative Order by raising identical constitutional challenges to those raised in the instant
Complaint, it follows that he possesses an adequate remedy at law.
Lj.Bglihood of Irreparable Harm Absept tllg.FJltrv of an Iniunction
"A temporary injunction will only be issued when the plaintiff 'can clearly demonstrate
that irreparable injury would follow the denial of the injunction."' Power v. Leon Cnry., Case No,
2020-CA-001200, at x24 (Fla. 2d.Cir. Ct, July 27,2020) (quoting Jacl$onville Elec. Auth. v,
Reemik Builders & Constructors, Ittc., 487 So. 2d 372, 373 (Fla. 1st DCA 1986) (citation
omitted)). "h'reparable injury will never be found where the injury complained of is 'doubtfiil,
I The evidence presented at the hearing dernonstrated that the section of tlre City Charter upon rvhich Mr. Nager
prcmised his claim h the Complaint has since been anrended; and that Mr. Nager was relying upon a peviously
repealed version ofthe City's Charter.
15
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eventual, or contingent."'Id. (quotation omitted). "More general allegations of irreparable injury
are not sufficient." Stoner y, Peninsula T,oning Comm'n,75 So.2d B3l, 832 (Fla, 1954).
"Moreover, 'it must appear that there is a reasonable probability, not a bare possibility, that a real
injury will occur."' Power,2020-cA-00r2a0, at *24 (quoting Mil.ler v. MacGill,297 so.2d 573,
s7s (Fla. istDCA t974)).
The Court furds Mr. Nager has failed to demonstrate that there exists a reasonable
probability that a real injury wilL occur if injunctive relief is not immediately issued, The specific
harm Mr. Nager alleges in the instant action is that he suffers from an asthmatic medical condition
which precludes him fi'orn being able to safely comply with the mask mandate4. The alleged harm
- the asthmatic medical condition preventing Mr. Nager from complying with the mask mandate
- provides clear facial evidence that Mr. Nager would likety fall within the exception for
individuals suffering from existing medical conditions prohibiting them fi'om wearing a mask.
Consequently, Mr, Nager has wholly failed to establish a likelihood that he will suffer any harm
resulting from the mask rnandate; rather, to the contrary, he has established a likelihood that in the
event he wete found in violation of the Administrative Order, there is a lilcelihood he would prevail
in challenging the violation by clairning the aforementioned exemption, Accordingly, Mr. Nager
cannot demonstrate a likelihood of ireparable harm.
Iniunctive Relief will serve the Public Interest
Injunctive relief may be denied where the injury to the public outweighs any individual
rightto relief.I(rzox v. Dist. Sch, Bd, of Brevard,82l So 2d.311,314 (Fla. 5th DCA 2002);see
also Dragomireclqt v. Town of Ponce Inlet, 882 So 2d 495, 497 (Fla- sth DCA 2004) ("Where the
potential injury to the public outweighs an individual's right to relief, the injunction will be
a Insofar as Mr'. Nager asserts he would suffer haun due to public ridicule for declining to wear a mask indoors, this
is not a cognizable legal iqjury.
16
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Packet Pg. 54 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
denied."). Hcre, the public interest served by the imposition of the mask mandate is to mitigate
the spread of COMD-I9. See Ham v. Alochua CAL Bd. of Cty Camm I Case No 1:20-cv-00111-
MWGRJ (N.D. Fla. May 30, 2020) (addressing Alachua County's mandatory face covering
order). Consequently, the Coutt finds it would, in fact, be contrary to the public interest to grant
Mr.Nager'srequestandenjointheCityfi'omenforcingtheAdministrativeOrder. See,e.E;.,Green,
silpra, Case No. 01-2020-CA-0An49 ("The County's need to take measures to control the spread
of COYID-19 clearly outweighs the Plaintiff s private interest in not wearing a mask in the limited
circumstances required by [the Ernetgency Order]; and an injunction in this situation would
disserve the public interest."). Accordingly, the Court fincls that Mr, Nager has failed to establish
that the injunctive relief requested would serve the public interest.
Because the Court finds Mr. Nager cannot establish a likelihood of success on the rnerits,
the lack of an adequate rcmedy at law, the likelihood of ireparable harm absent the entry of an
injunction, or that an injunction would serve the public interest, the instant request for temporary
injunctive relief will be denied.
Accordingly, it is therefore:
ORDERED AND ADJUDGED that:
1. Plaintiff s Verified Emergency Motion for Temporary Injunction is DENIED.
2, The parties shall proceed accordingly,
DONE AND ORDERED in chambers, in St. Johns County, Florida, on 08 day of January, 2021.
ff''mffffi
e-Signed 11812021 2:29 Plut CA20-0724
Copies furnished to
CIRCUIT JLIDGE
t7
5.C.1.a
Packet Pg. 55 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Anthony F. Sabatini, Esq.
a n!hp.{r.f(a)sa b ati ni I cea L com
City of St. Augustine
Denise C, May, Esq.
drygy@p_itvstgug.com
Isabelle C. Lopez, Esq.
il o p e z (gD ci lyst a u g. ggtn
l8
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Packet Pg. 56 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
FOR YOTIfi. COFIVENIENCE
I]SE THE ATTACHED ENVETOPE TO MAIL A COPY
OF TI{IS CITATION WITH YOUR PAYMENT OR
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v
Case 2',20-cv-00568-SPC-NPM Document 70 triled ALl27l21- Page 1 of 27 PagetD 267A
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TLORIDA
FORT MYERS DIVISION
FRANCIS A, OAKES, III , OAKES
FARMS, INC. and SEED TO
TABLE, LLC,
Plaintiffs,
Case No: 2:20-cv-568-FIM-8BNPM
COLLIER COUNTY,
Defeirdant.
OPINION AND ORDER_I
Before the Court is Defendant Coliier County's Motion to Dismiss (Doc.
68) and Plaintiffs' response in opposition (Doo. 69), The Court grants the
Motion.
BACKGROUNDZ
This is a covlD-19 mash mandate case. In July 2a20, the County's
Board of Commissioners passed an emergency order requiring everyone in
I Disclaimer: Docurnents hyperiinked to CM/ECF are subject to PACER fees. By using
hyperlinks, the Court does not end.orse, recommend, appl.ove, or guarantee any thir.d parbies
or the services or products they provide, nor does it have any agreements with them. The
Courh is also not responeible fot a hyperlink's availability and functionality, an<J. a failed
hyperlirrh does not affect this Order.
2 These are the facts alleged in the operative Complaint (Doc. 6?), which the Court accepts
as trrre and views most favorably to Plaintiffs. White u. Lemtnd,947 F,3c1 13?3, 1gB0 (f lth
Cir. 2020), The Court also considers the Conrplaints exhibits, Fed. R, Civ, P. 10(c) (Any
"exhibit to a pleading is a part of thc pleading for all pulposes.',).
EXHIBIT
!oD!r+
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certaiu businesses to wear face coverings ('Order 5"). Order 5 apptied to
unincorporated parts of the County-aliowing incorporated. areas (i.e., those
within municipalities) to opt in,
Plaintiff Francis Oakes is a local businessowner, Plaintiff Oakes !-arms,
Inc. runs a grocery store called Seed to Table in an unincorporated part oftho
County, And Plaintiff Seed to 'Iable, LLC is another of Oakes' entities. Along
with Seed to Table, Oalces owns other stores ca]Ied- Oakes Farms Market and
Food and rhought. Shortly after passing order b, the County cited oakes
Farms and Seed to Table (together, the "stores') for mask violations. Then,
Plaintiffs sued on various federal and state law theories.
During the litigation, Order 5 expired and the County replaced it with
order 6. When that expired, the County adopted order z, which expires in
Aprii 202L. This new mask mandate is narrower, requiring face coverirrgs in
busirresses "where social clistancing is not possibie." @o.. 6?-8 at B). What's
rnore, in response to an executive order by I'lorida's Governor, order ?
prescribes the County can only cite businesses-not individuals-for
violations.
Given the shifting landscape, the Court held order T mooted many of
Plaintiffs'claims, but some survived that change. (Doc. 68). In doing so, the
Court held, one claim was sufficient, another wasn't, and the briefing
insufficient on two others. Piaintiffs amended. Now, the Complaint has four
.)
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claims: (1) facial and as-applied equal protection challe,roges; (2) facial ar:d. as
applied First Amendment attacks; (3) Florida administrative procedure
vioiations in yulemaking; and (A) simple trespass.
LEGAL STANDARD
A complaint must recite "a short and plain statement of the clajm
showing that the pleader is entitled to relief." Fed. R. Civ. P. B(a)(2). This
pleading standard "d.oes not require 'detailed faetual allegations,' but it
demands more than an unadorned, the-defenclant-unlawfully-harmed-nre
accusation," Ashuoftu,Iqbal,556U.S, 662,678 (2009) (quoting BellAtL Corp.
u. Twombly, 550 U.S. 544, 555 (2007)). "To survive a motion to dismiss, a
complaint must contain sufficient factual matter, accopted as true, to 'state a
claim to reJief that is plausible on its face."' Id. (quoting Twombly, 550 U.S. at
570). A facially plausible claim allows a "court to draw the reasonable
inference that the defendant is liable for the misconcl.uct alleged." .Id.
DISCUSSION
A, Equal Protection
Under the Fourteenth Amendment, no state can "deny to any person
within its jurisdiction the equal protection of the }aws." U.S. Const, amend
3
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XIV, $ 1-. The Stores bring both a facial and as-applied equal protection
challenge. The Court takes each in tun1.s
1. Facial Challenge
The attach on Order 5 is moot. (Doc. 63 at 9). So this claim is limited to
Order 7. The Stores challenge Order 7 faciaiiy under the Equal Protection
Clause. In short, Order ? pas.ses muster.
"When a law does not infringe on a fundamental right or discriminate on
account of a suspect classification, but instead is a genoral economic regulation,
we review it only for a rational basis."r Ga. Elec. Life Safety & Sys. Assh u,
City of Sandy Spfings, Ga,, 965 F.3d 1270 , 1275 (11th Cw. 2020), This review
applies to statutes and local ordinances alike.u Checker Cab Operators, Inc. u-
Miami-Dacle Cnty.,899 F.Bd 908, 921 (11th Cir. 2018). The Stores do not
contend they are part of a suspect class. Nor could they, I'alleywhacker, Inc.
u. Cooper,466 F. Supp. 3d 523, 537 (E.D.N .C. 202q, Lihewise, nobody argues
s The County does not challenge the Stores' standing on the Fourteenth Ameu.dment claim,
Yet fed.eral courts always have an independent obligation to cletermine that question,
OuachitaWatchLeagueu. clacobe,463 F',Sd 1I"63, L169 (Ilth Cir.2006), 'Ihe Court conclucles
the Stores have standixg on Count 1 as they allege the Orders violate the equal pr.otection
rights of businesses in unincorporated parts of the County (a class they fali withirr).
a The parties ignore a question bedeviling federal courts dttring the pandemic: whether
Jacobsonu. Massachusetts, !97 U.S. 11, 87-BB (1905), informs or controls this analysis. Here,
the Court need. not weigh ir as Jocobson effectively applied rational basis review before it
had a name. So the result is the same regardless. Eg., M. Rae, Inc. u. Wolf,No.1:20-CV-
2366,202A WL 764.2696, aL *6 QVi D. Pa. Dec. 23, ZO20),
6 Tho Court recognizes Order 7 is not an ordinance. Yet neither party argues this fact is
relsvant as it relates to the applicable consLitutional standard.
4
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Count 1 seelts to vindicate fundarnental rights, Such an assertion would fall
short anyway, Id. So Orcler 7 rnust pass the rational basis test. See Sandy
Springs, 965 F.8d at" 127 5,
"IJndet rational basis review, a law must be rationally related to a
Iegitimate governmental inteyest and it, 'must be uphelcl against equal
protection challenge if there is any reasonably conceivabie state of facts that
could provid"e a rational basis for the classification' between persons ." Jones u,
Gouernor of F\a.,960 F.3d 795, 809 (1lth Cir. 2020) (quoting F.C.C. u. Beach
Commc'ns, fnc.,508 U.S. 307, 313 (1993)). Federai courts do not oveyturn state
legislative action "unless the varying treaturent of different groups or persons
is so unrelated to the achievement of any combination of legitimate purposes
that we can only conclude that the legislature's actions were imational." Id.
(quoting Vance u. Bradley, 440 U.S. 93, 97 (1979)). At bottom, courts ask
"whether the legislature could have conceived of a rational basis for the
classification it clrew," Id.
While it might not be "tooth1ess," the rational relation test is 'highJ.y
deferential to government action." .Id. (citation omitted), fn fact, under this
review, an ordinance strols into court "bearing a strong presumption of
validity." Ileach Commc'ru,508 U.S. at 314. So "those attacking the ratiorrality
of the legislative classifi.cation have the burden to negative every conceivable
basis which might support it." Id. at 315 (cleaned up). That's a tough task.
5
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For its interest, the County points to Order 7. It seeks to protect "the
public health, safety and welfare" of people in the County rluring the pandemic
by requiring that masks be worn inside businesses "to slow the spread of
COVID-19 where social distancing is not possible." (Doc. 67-8 at 2), This is a
legitimate governmental interest. ,See S. Bay United Pentecostal Chu,rch u.
Newsom, 140 S. Ct. L61"3, 16fi QA20) ffi,oberts, C,J., concuruing); Jacobson,
197 U.S. at 37-38^a
Having concluded the County had a legitimate interest, the Court turns
to whether Order 7 is rationally related,
As a general matter, a mask mandate is rationally related. to the
County's iegitimate governmental interest. l'he Stores don't challenge this
conclusion rnuch. And for good reason. It would be difficult to contend with a
straight face that a mask requirement does not bear a rational relation to
protecting people's health and preventing the spread of COVID-19. The Stores
do not point to a single court holding otherwise. Cf. Stewart u. Justice, No.
3:20-0611, 2020 WL 6937725, at *5 (S.D.W.V. Nov. 24, 2020) @olcling a
statewide COVID"l9 mask mandate had "a rational hasis" arrd "a real and
substantial relation to this public health crisis"). Some may d.isagree with the
o See, e.g,, In re Abbot, 954 lr.3d 7'12, '195 (5th Cir. 2020) (A state's "intetest in protecting
public health during [a global pandemic] is at its zenith.'); lblleywh,acleer, 465 F, Supp. 3d at
537; World Gym, u. Baleer, 474F,. Supp. 3d 42il 432 @, Mass. 2020),
b
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public health efficacy of mask orders. But federal courts do not sit in a poiicy-
checlring capacity to second guess the wisdom of state legislative acts. Beach,
Commc'ns, 508 U,S. at 313 (clarifying "equal protection is not a license for
courts to judge the wisdom, fairness, or logic of legislative choices"). So the
mask mandate itself bares a rational relation to the County's interest.
With that decided, the inquiry narrows onto the crux of the Stores'
theory-Order 7's classification between businesses in incorporated and
unincorporatecl parts of the County is irrational. Best the Court can tel1, the
Stores contend Order 7 is irational because any mask mandate applying on
less than a Countywide basis could not effectively accomplish its goal (i.e,,
protecting people within the County from COVID-I9), So the Stores say
imposing Orde;r' 7 only on unincorporated areas treats thern worse for an
irrational reason. What's more, they argue ths data and reasons given for
Order 7 contemplated the entiye County, not jusi; unincorporated parts,
The Stores' position fails for a host of reasons.
To start, the County contends it sought to protect public health through
the least restrictive means. In doing so, it adopted Order 7, which demanded
masks in unincorporated areas, allowing incorporated regions to opt in, The
County says part of the reason was specifically to protect the health of people
in unincorporated area$, The Stores call this "sleight of hand" and spill much
i:rk argr,ring over how Order 7 contemplated, and the Commissioners knew,
7
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COVID-19 affects the entire County, not just u:rincorporated parts, Put
simply, however, the Stores misunderstand the basics of rational basis review.
The "a,ctuol rnotivations of the enacting governmental body are entirely
irrelevant." Haues u. City of Mtamt,52 F.3d 918, 921 (11th Cir. 19gb) ; Beach
Comntc'ns, 508 U,S. at 315. Whaf,s more, goverrunental decisionmal<ers need
not "articulate any reason Jbr their actions." Haues,52 F.3d at g2l-. Instead,
the burden is on the Stores to negate "every conceivable basis" supporting
order 7, Beach Commc'ns, 508 u,S. at 315, So order T "is not subject to
courtroom fact-finding and may be based on rational speculation unsupported
by evidence or empirical data." Id, rn othev words, the Court cannot simply
disregard County's offered explanation for protecting the health of people in
unincorporated areas like the Stores demand. And the Court must recognize
how order ? is rationally related to protecting the health of people in
unincorporated parts of the County.
Likewise, the Stores apparent argument that Order ? cannot be rational
because it's less effective than if applied Countywide doesn't hold. water.
Federal courts cannot strike down legislative actions simply because judges
might thinh up more productive or practical solutions. Over the years, the
Supreme Court expressed this in couutless iterations:
In the area of economics antl social welfare, a
State does not violate the Equal Protection Clause
merely because the classj.fications made by its laws are
B
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imperfect. If the classification has some reasonable
basis, it does not offend the Constitution simply
because the classification is not made with
mathematical nicety or because in practice it results
in some inequality. The probiems of governnrent are
practical ones and may justify, if they do not require,
rough accommodations*illogtcal, it may be, and
unscientific.
Dand,ridge u. Williams, 997 U.S. 471, 485 (1970) (cleaned up). To hold
otherwise would harken back to the days when judges wielded the Fourteenth
Amendment as a tool to tinker with legislation they didn't like. See id, at 484-
86, But that constitutional theory slipped out of practice and into casebooks
nearly a century ago,
Whaf,s more, even if whathappened at the hearings were determinative,
it reveals the County did not irrationally treaL areas different. The Complaint
provides hundreds of pages of hearing transcripts. Confusingly, ho,wever,
neither party notes the only instance the Court can find where Comrnissioners
addressed. the reason Order 7's predecessor only applied to unincorporated
areas. In a JuIy hearing, some Commissioners and the County's attorney
discussed theiv reasoning. (Doc. 67-3 at 114-16). I'hey considered" two
options*to either (1) include incorporated areas and allow them to opt out or
(2) not include incorporatecl areas and allow them to opt in. The
Commissioners noted they normally use the former option. But ultimately, the
County chose the latter. And their explanation was that it didn't matter much
o
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because both options permitted the municipalities to follow the County's lead
or choose different approaches as each saw fit for their own city. Motivating
the d-ecision was an understanding that Naples had an upcoming city council
meeting. And. the Cornmissiorlers womied. about including the city jn an Order
it may disagree with and later opt out from. The attorney also wondered. how
the County could enforce Order 5 wiLhin Naples'city limits. So in the end, the
Commissioners allowed the municipalities to decide whether they preferrecl to
opt in or chart a different course. This is far from irrational decision-making
by a legislative body.,
Sti1l, this leaves the Stores'broad, conclusory argurnerrt Order 7 violates
equal protection because it is underinclusive and could include businesses in
municipalities. But again, the problem for the Stores is decades of well-settled
understandiug of rational basis review. The Supreme Court rejected the
Stores' there-can't-be-Iines-drawn-unless-they're-perfect logic. Vance, 440
U.S. at 108 ("Even if the classification involved here is to some extent both
underinclusive and overinclusive, anil hence the line drawn by Congress
imperfect, it is nevertheless the rule that in a case lihe this perfection is by no
7 While unaddressed by the parties, it appeats Naples eventually instituted its own mask
mandate, which is like Order 7. This would und.ermine [he Stores' equal protecbion
argument. Yet the Court will not tahe judicial notice of this fact because no party requested
it, and Naples did not yet acld that action to its Code of Ordinances. See generally Naples
Code ofOrds (Iast updated January LB, 2021).
10
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means requireel." (eleaned up)). So even if Order 7 could include
municipalities, that on its own is not an equal protection violation,
Likewise, it has been hnown for ovex a century that different treatment
of inciividuals in different geographical areas does not necessarily implicate the
Equal Protection Clause. McGowan u, Marylo,nd, 366 U.S. 420, 427 (L961)
("But we have held that the Equal Protection Clause relates to equality
between persons as such, rather than between areas and that territorial
uniformity is not a constitutional prerequisite.'); Fr. Smith. Lieht & Traction
Co. u. Bd. of Improuement of Pauing Dist. No, 16 of Ctty of lrt, Snttth, Arh,., 27 4
U.S. 387, 391 (L927) ("The Irourteenth Amendment does not prohibit
legislation meroly because it is special, or limited in its application to a
particular geographical or political subdivision of the state."); Ocampo u.
United Sloles, 234 U,S, 91, 98-99 (1914). Yet the Stores point to nothing
standing for the proposition that a co'unLy must regulate uniformly among its
incorporated and unincorpoyated areas.
The firral aspect buttressing the County's decision is Florida 1aw, which
apparently the Cornmissioners considered. See (Doc. 67"3 at L14 (The County
attorney stated municipalities, even if included, "have the right to o1:t out.")),
The parties touch on home rule and. polico powers, along with the County's
status as a non-charter. Yet they taik past why this is relevant to the
rationality of the County only including unincorporated areas in Ord.er 7.
1L
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Florida's relationship with its counties and. municipalities is often
complicated as it relates to which body has what power to act when.
Sometimes the answer turns on whether a county has a charter. It's
undisputed the County doesn't, Without getting too far into the weeds, it is
enoug'h to recognize that a non-charter county has no power to supersede a
municipal ordinance. FIa. Const., art. VI[, $ 1(0 (A non-charter county
"ordinance in conflict with a municipal ordinance shall not be effective within
the municipality to the extent of such conflict."); Classy Cycles, Inc. u. Bay
Cnty,,201 So. 3d 779, 782 @la Dist. Ct, App. 2016) ("The poy/€rs granted to
non-charter counties and municipalities therefore differ, with fmunicipalities]
having greater power to enact ordinances than [counties]."). That distinction
is relevant here. See Home Builders & Contractors Ass'n of Palm Beach Cnty.,
Inc, u, Bd. of Cnty. Comm\'s of Palm Beach Cnty.,446 So. 2d 140 (FIa. Dist. Ct.
App, 1983) (holding a county did not violato equai protection when it charged
development fees for building in unincorporated areas, but not incorporated
ones, after cities opted out).
Even if the County imposed Order 7 on incorporatecl areas, those
municipalities would have the power to opt out. In the same vein, those cities
had the ability to adopt stricter standards if they chose, So it made no
difference the County allowed the cities to opt in because (either way) the
municipalities retained r"rltimate authority to decide if they would be bound by
1.2
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Order 7. There is no indicalion the outcome would be different simply because
emergency powers ate aL issue. State law confers that powey on "each poiitical
subclivision of the state," F1a, Stat, $ 252.32(1)(b) (2020) ; see td. at g 25Z,BB(1);
id.. at $ 252.46(1), A political subdivision-in this context-is "any county or
municipality." Id,, at $ 252.34(9). And state courts construing these provisions
conclud.e counties and municipalities both hold these emergency powers.
Mi,ami-Dade Cnty. u. Miami Gardens Squarc One, Inc., No. 3D20-1d12,2020
WL 6472642, at *5 (tr'Ia. Dist, Ct, App. Nov. 4, 2A20). The decision to only
impose Order 7 on unincorporated areas while permitting municipalities to opt
in-, therefore, was rational.
In sum, Ovder 7 bears a rational relation to the County's legitimate
governmental intere,st, so the Stores'facial challenge fails. Order 7s choice to
include unincorporated areas and permit incorporated cities to opt j-n was not
irrational. fnstead, the County merely gave municipalities the option to adopt
the mask mandate. A'b bottom, the Stores' arg'ument is a simple disagreement
with the County's judgment. Yet it is not this Court's function to review the
decisions of eiected officials to decide if they are wise or best fit to solve a
problem. Beach Commc'ns, 508 U.S. at 313; Leib u. Ilillsborough Cnty, Public
Transp. Conlrn'n,558 F,3d 1301, 1"306 (1,I.th Cir. 2009). This is particularly
true for legislative health responses to a pandemic, when "iatitude must be
especially broad," S. Boy, 140 S, Ct. at 1613-14 (cleaned up); see also Caloary
13
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Chapel l)ayton Valley u. sisolak, 140 s. Ct. 26a3, z\r4 (2020) (Kavannaugh,
J,, dissenting) ("under the constitution, state and local governments, not the
federal courts, have the primary responsibility fbr addressing COVID-1g
matters such as quarantine requirements, testilg plans, mash mandates, . . .
ancl the Iike.").
2. As-Applied Challenge
Next, the Stores bring an as-applied. challenge. As the Court sees it, the
Stores bring a "class-of-one" claim. This attack focuses on the past enforcement
of Order 5 and application of Order 7. Specifically, the Stores contend the
County selectively enforced, and continues to enforce, the Orders against them
and other businesses in unincorporated areas. And their treatrnent differed
from businesses in incorporated parts of the County, who need not comply.
Before beginning, the Court should correct the Stores' misinterpretation.
The Stores point to a previous Court Order, which conclurlecl they have
standing to bring an as-applied challenge and Order 7 did not rnoot it, (Doc.
63 at 9'10). But standing and mootness are simply threshold jurisdictional
questions. fi'ulla u. cRA Holdings, Inc,, 543 F.Sd 124? , L2s0 (l-lth cir. 2008).
A finding for the Stores on both issues just means they car. proceed to the
merits, not that they will succeed ouce there. Warth u. Seldin,,422 U.S. 490,
498 (1975); North caroltna u. Rice,404 U.S. 244,24G (1971), Becanse prior
briefing was insufficient, the Court never made it past Article III's front door.
1.4
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@oc. 63 at 13-14). So unlike the Stores suggest, the Court never ruled they
stated an as-applied equal protection claim.
With that resolved, the Court turns to the rnerits.
Of course, "the Equal Protection Clause requires government entities to
tyeat sinrilarly situated people a1ike," Campbell u. Rainbort City, Ala., 434
F.3d 1306, 1313 (l1th Cir. 2006). These clairns are not limited to parties within
"a vulnerable class," /d. All individuals enjoy that protection. Id, at 1313-14.
So plaintiffs can bring an equal protection clairn for selective enforcernent of
Iocal ordinances. Id, al,1314.
To make such a c1aim, there must be a showing plaintiff (1-) "was treated
differently from other similarly situated individuals, and (2) that the
defendant unequaliy applied a facially neutral ordinance for the purpose of
discriminating against" plaintiff .s Leib,558 F.3d at l-307, Put another way,
plaintiff must show "it h.as been intentionally treated differently from others
similariy situated and that there is no rational basis for the difference in
treatment," Grffin, Indus,, Inc^ u. h'uin,496 F.3d 1189, 1202 (llth Cir. 200?)
(quoting Vill, of Willowbrook u. Olech, 528 U.S, 562,564 (2000).
I The Eleventh Circuit recognized. a "newer trend" in the law to permit these claims "without
a necessary showing of ill will or discriminatoty 1:ulpose." Rainbow City, 434 F.Sd at 1313.
That distinction is irrelevant here,
15
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Packet Pg. 72 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:20-cv-00568-SPC-NPM Document 70 Filed 0L127121 Page 16 of 27 PagelD 2685
A similarly situated showing "requires some specificity." Rainbow City,
434 F,3d at 1314. So similarly situated ''comparators must ba'prtma facie
identical in all releuant l'espects."' Grider u. City of Auburn, A/o., 618 F.8d
124A, 1264 (11th Cir, 2010) (quoting Grffin,496 F.3d at, L202), 'Different
treatment of dissimilarly situated persons does not violate the equal protection
clause." E&TRealty u. Strickland, SS0 F.zd l-1,07, 1109 (tlth Cir. 1987).
The Stores as-applied challenge fails because they do not point to any
similarly situated individuai who is treatecl different. See Griffin, 496 F,3d at
1205 ('A 'c1ass of one' plaintiff mig'ht fail to state a claim by ornitting hey
factual details in alleging thai it is 'similarly situated'to another."). In fact,
the Stores do not identify a single comparator who was subject to disparate
treatment. See Letb, 558 F.3d at 1307 (emphasizing "plaintiffs are not
permitted simply to rely on broad generalities in identifying a comparator"
(cleaned up)), While the Stores say businesses (apparently all of them) in
unincorporated and- incorporated areas are similarly situated, they never
bother to explain why, Thi.s falls woefully short of the requisite showing on the
similarly situated question,
Even leaving that aside, the Stores' position misses the forest for the
trees, The Stores say over and over businesses in unincorporated ancl
incorporated areas are similarly situated because they're all in the County.
Yet the location distirrction (which undergirds this challenge) is preciseiy what
16
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Case 2:20-cv-00568-SPC-NPN/ Document 70 Filed All27l27. Page 17 of 27 PagelD 2686
mahes the groups dissimilar. Businesses in incorporated areas are not
similarly situated because they are in incorporated areas. To be sure, those
businesses are inside the County. But they are also within municipalities (i.e,,
Naples, Marco fsland, and Everglades City). So those busiaesses are subject
to different ordinances than entities in unincorporated parts of the County,
atrd vice versa. As explained above, this distinction is relevant under Fiorida
Iaw. And the Stores do not try to show how they are sirnilarly situated.
Sometimes it helps to address what is actionable, In Lexra, Inc. u, City
of Deerfield Beach, a business stated a class-of-one clairn. 593 F, App'x 860
(11th Cir. 2014). There, last call for bars in unincorporated parts of a county
was 4 a.m., while a city within the county had a 2 a.m. closing time. The city
annexed several bars, who wero then subject to the earlier cutoff, Yet the city
agreed with a separate bar that it could remain open until 4 if the bar did not
oppose annexation. As the city treaterl similarly situated individuals (annexed
bars within the city) different, the arrangement ran afoul of equal protection.
That situation is not present here. There is no sugg'estion in the
Complaint or briefing that the Stoves have been treated any different than
another business in unincorporated parts of the County. "The Equal Protectj.on
Clause does not forbid classifications. It simply keeps governmental
decisionmakers from treatirrg differently persons who are in all relevant
respects alihe," Nordlinger u. Hahn, 505 U.S. 1, L0 (1992). Here, the Stores
t7
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Packet Pg. 74 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:20-cv-00568-SPC-NPM Document 70 Filed OLl27l2L Page tB of 27 PagelD 2687
failed to shor;v they have been treated differently than solneone similarly
situated. Even if the Complaint is enough on that ground, the Stores would
need to clear the rational basis hurdle. For the reasons above, the Court
concludes they cannot, So the Stores' as-appliecl challenge to Order 7 fails too,
With each aspect of the equal protection claim falling short, Count 1 is
dismissed with prejudice.
B. First Amendment
No state can abridge "the right of the people peaceably to assemble, and
to petition the government for a redress of grievances," U.S. Const. amend I.
In Count 2, oakes and oakes Farms allege order 7 facially and as-applied
violates their First Amendment rights to assemble and associate at Seed to
Table. Neither the Complaint nor briefing makes much effort to differentiate
between the two challenges, A11 the same, the Court tacldes stand.ing first,
Steel Co. u. Citieens for a Better Enu't,523 U.S. 83, 101"-02 (1998). Then, it
consiclers the merits.
1". Oahes'Stand,ing
Oahes lacks standing to challenge Order 7 on First Amendrnent grounds.
While the County questions Oakes'standing, he never responds. Given he has
the burden on that issue, this is problematic. Lujan u, Defs. of Wild,life. b04
U.S. 555, 561 (l-992) ("The party invoking federal jurisdiction bears the
burden.").
18
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Packet Pg. 75 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:2O^cv-00568-SPC-NpM Document 70 Filed Otl27l2l Page 1-9 of 27 PagelD 2688
To have Article III standiog-, a plaintiff must plead (and later prove)
injury, causation, and redressibility. 8.9., id. at 560-61. Probably the most
important element is the first one-injury in fact. Spoleeo, Inc. u, Robins, L36
S. Ct. L540, 1"547 (2016). An injury must be both (1) "conmete and
particuiarized" and (2) "actual or imrninent." Lujan, 504 U.S. at 560. Concrete
injuries ave "de facto" harms (i.e,, they "actually exisf' and aye "real," 'hot
abstract"). Spokeo, 136 S. Ct. at 1-54B (citations omitted), Particularized
injuries "must affect the plaintiff in a personal and individual way." Id,
(citation omitted), And injuries are imminent if they are"certainly impending,"
so "allegations of possib/e future" injuries are not enough, Clapper u. Amnesty
Irut'l USA, 568 U.S. 398, 409 (2013) (cleaned up),
If the Court can construe an injury on Oakes'barebones allegations, it is
not concrete, particularized, or imminent. For Oakes, the Complaint jtist says
he "regulariy participates in these assemblies, discussions, and events" at Seed
to Table. (Doc. 67 at 14). Yet Oahes was never cited for violating Order 5.
Order 7 cannot be applied to him because it only permits bhe County to cite
Jrusinesses. (Doc, 67-B at 5) (stating "citations issued pursuant to this Order
shallbe as to businesses only, and not inclividuals"). Arrd rrothilr.g suggests any
Order ever prevented Oakes from assembling or that Orcler 7 wilt do so, In
short, Oakes has not alleged a sufficient injury-in-fact to establish standing,
See Cangelosiu. Edward,s, No. 20-l-9gL,Z0z0 WL 64491I.1, at "4 (8.D, l,a, Nov,
19
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Packet Pg. 76 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:20-cv-00568-SPC-NPl/ Docuntent 70 Filed OLl27l21 Page 20 of 27 PagelD 2689
3, 2020) (holding piaintiff did not have standing to challenge maslc mandate
only enforced against businesses).e
Because Oaltes lacks standing, Count 2 is dismissed without prejudice
as to him.to Gardner u, Mutz,962 F.Sd 11129,11143 n.11. (I1th Cir. 2020).
2. Oalws Farms' Standing
As much as the County challenges Oakes Farms'standing, it falls short,
Oahes Farms alleges its rights have been, and will be, infringed because of
Order 7's application (both facially and as applied), Previously, the County
issued citafions to Oakes Farms for mask violations, Aud Order 7 applies to
businesses until April. Thus, Oakes Farms has standing to lodge both
challenges. See Taberna*le Baptist Church, Iruc. of Nicholasuille u. Beshear,
459 F. Supp, 3d 847, 851 n,3 (E.D, Kent. 2AZq, With that decided, the Court
turns to the merits.
3. First Amendment Challenge
Oakes Farms contends Order 7 infringes on its right to assernble and
associate. As the argument goes, people cannot assemble at Oakes Farms
e See also Geller u. Cuomo,476 F. Supp. 3d 1, 16-18 (S,D.N.Y, 2020); Minn. Voters Alliance o.
walz,No.20-cv-1688 (PJS/ECW), 2021wL 83271, at *1 @. Minn. Jan. L1, z0z1); Delaney
u. Bahet', No. 20-11154-WGY, 2021WL 4234A, at *9-10 (D. Mass, 2OZt); Mtu,phy u. Lamont,
No, 3;20-CV-0694 (JCH),2020 WL 4436167, at *6-6 (D. Conn, Aug. B, t020).
10 Even if Oaks had standing, his claim would fail for the reasons below,
20
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Case 2:2O-cv-00568-SPC-NPM Document 70 Filed 0tl27l2L Page 2L of 27 PagelD 2690
unless they wear a mask, thus Order 7 violates the First Amendment because
it effectively eliminates their right to assernble and associate.
This claim is a head scratcher, As noted, anyone can freely asseml:Ie and.
associate at a business within the County if they are socially distanced. And
if they cannot do so, a mask must be worn. So Order 7 does not prohibit
assemblies; rather, it places a minor restriction on the way they occur. Whiie
Oakes Farms says this impedes the First Arnendrnent, it never elevates the
theory beyond conclusory statements unsupported by law. Perhaps this would
make sense if brought alongsitle a claim for mask wearing as compelled speech.
But Oakes Farrns doesn't advance that claim and mahes no allegation on
communicative aspects of masks.rt All the same, the Court turns to the merits.
The County argues the F'irst Amendment does not protect a general right
to associate socially. That is true. Henry u, DeSantis,46L F. Supp. 3dL244,
1254 (S.D, Fla. 2020) (quoting City of Dallas u. Stanglin, 490 U.S. 19, 25
(1.989)). But Oakes Fatms' claim is not so narrow. It focuses on rights to hold
political rallies and express political ideas, which the First Amendment
protects. See Shu,ttlesworth u. City of Birmiltgham,, Ala., 394 U.S, 147, 152
rr Even if they did, such compelled-speech claims have not fared well. 8.g., Atvtietant
BattlefieldKOAu. Hogan,461 ]', Supp. 3d 214,236-37 (D. Md. 2020); Parker u. Woff, No. 20-
cv-1601", 2020 WL 7295831, at *11-15 (N{.D, Pa, Dec. 11, 2020)
2'l
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Packet Pg. 78 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Case 2:20-cv-00568-SPC-NPM Document 70 Filed OIl27lZL Page 22 of 27 PagelD 2691
(1969), Even assuming Oakes I'arms relies on protected rights though, Order
7 does no[ violate those rights under the applicable standard of review.rz
Order 7 is content neutral. It applies equally to ali businesses in
unincorporated areas whether open for commerce or a political assembly, And
its purpose-protecting public health and preventing the spread of COVID-
i.9*is uarelated to speech. See Ward u. Rock Against Racism,4gl U.S. 281,
791- (1989), So Order 7's incidentai effect on speech is subject to intermediate
scrutiny. Ramsek, u. Besltear', 468 F. Supp, 3d 904, 916-18 (E.D. Kent. ZAZ$;
Talleytohacker,465 F. Srrpp. 3d at 54r; Antietam,467 F. Supp, ild at 284-86.
Like just about every right, First Amend.ment protections are not
absolute. 8.9., McDonald u. City of Clticago, 111.,561 U.S. 742, BOZ (2010)
(Scalia, J., concurring) ("No fundamental right-not even the First
Amenclment--is absolute."). For that reason, First Amendment rights are
"subject to reasonable time, place, or manner restrictions." Clar^h u, Cmty. for
Creatiue Non-Violence,468 U,S. 2BB, 293 (1984), To stand, such regulations
must (1) have a substantial government interest; (2) be "narrowly tailored to
Berve" that interest; and (3) "leave open ample alternative channels for
communication of the information." Mccullen. u. Coahley,573 U.S, 4a4, 471
12 Thore is uncertainty over what slandard to apply to pandemic related First Amendment
challenges, See Delaney,202L WL 42340, at *1"1-12. Again, the Courl need not enter the
fray. While the County advocates for rational basis review (ike Jocobsorr,), Order 7 satisfies
a higher level of scrutiny.
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(zALq (quoting Ward,491U,S. at 791); see also Frisby u. Scltultz,487Il.S.474,
484 (1988) (applying intermediate scrutiny in a right to assemble case).
Order 7 easily aces that test.
First, the County's interest in preventing the spread of COVID-19 and
protecting infividtrals' health is substantial. Roman Catholic Diocese of
Bt'oohlyn u. Cuonlo, 141 S. Ct. 63, 67 (2020) (per curiam) ("stemrning the
sprea-cl of COVID-L9 is unquestionably a compelling interest,.").
Second, Order 7 is narowly tailored to serve the County's interest. An
ordinance is narrowly tailored "so long as the regulation promotes a
substantial government interest that would be achieved less effectively absent
the regulation." Ward,491 U.S. at ?82-83. Like above, the mask manclate
promotes the County's interest more effectively than no reErirement, The
officials providing data to the County recommended mashs and social
distancing for their effectiveness, What's m.ore, at this point in the pandemic,
just about every pubiic health body promotes that same advice, Perhaps the
County could have advanced its interest through a less restrictive rnethod. But
even if it could, that would not be controlling. Ward,491 U,S. at 7gB ("Lest
any confusion on the point remain, we reaffirm today that a regulation of the
time, place, or manner of protected speech , . . need not be the least restrictive
or least intrusive means of d.oing so."), What'e more, Order ? is not
substantially broader than necessary. The County does not ban assemblies
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Case 2:20-cv-00568-SPC-NPM Document 70 Filed O!127127 Page 24 of 27 PagelD 2693
(like sorne governments tried). Nor has the County restricted the size of crowds
(as others have done). Instead, Order 7 carefully lirnited the manner of
assemblies through distancing or wearing a mask to prevent the spread of
COVID-19 and protect public health. In other words, it is narrowly tailored.
See Pine u, City of W. Palm Beach, FI.,762 F.3d 1262, L270^73 (11th Cir. 2014).
Ancl third, Order 7 Leaves open ample methods of communication. In
fact, it gives Oakes tr'arms the opportunity to assemble and associate when it
wants. Oakes Farms can have assemblie-s of any size and association of any
type. The only snag is that individuals assembling mu.st exercise a minor
degree of caution by social distancing or wearing mas)rs, Yet that is a
reasonabie restriction on the manner of assemblies within the County. During
this pandemic, far greater restrictions have left open alternate channels to
assemhle. See Day u. City of Key W. Mayor Teri Johnslon, No. 4:20"cv-1.0151"
JLK, 2020 WL 7711681, aLx4 (S.D. Fla, Dec. 29, ?AZq. In Day, Key West
enacted a curfew betwoen 10 p.m, and 6 a.m. for three days around New Years.
Even though plaintiff could not physically assemble, he still had other ways to
assemble with friends on social media duringthe three-day assembly ban. I'he
alternate channels of assembly and association left open by Ord.er ? are vast
by comparison.
In short, Order 7 does not violate the First Amendment, So Count 2 fails.
And it is dismissed with prejudice as to Oakes Farms.
24
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C. Supplemental Jurisdiction
The remaining claims (Counts 3 and 4) are state-law claims. While no
party addresses whether the Court should continue to exercise supplernental
jurisdiction, the court can raise the issue, 8,g., Miller u. City of Fort Myers,
424 F. Sr.pp, 3d 11.36, 1152 6iI.D. Fla. 2020). Having dismissed alI federal
claims, the Court doclines to exercise supplemental jurisdiction over the
remaining claims. 28 U.S.C. g 1367(c)(3); see Vibe Micro, Inc. u. Shabanets,
878 F.3d 7291,1296 (11th Cir. 2018) ("When a1l federal ciaims are ilismissed
before trial, a district court should typically dismiss the pendant, state claims
as well,").
"$tate courts, not fedeval courts, should be the final arbiters of state law."
Baggett u. First Nat'l Banlz of Gainesuille,lLT F.Bd 1842, 1Bb3 (11th Cir. L9g?).
So when all federal claims are dismissed pretrial, precedent "strongly
encourages" declining supplemental juriscliction. Mergens u, Dreyfoos, 166
F.3d 1114, 1119 (11th Cir. 1999) (citation omitted). In decid"ing whether to d.o
so, courts consider these factors: 'Judieial economy, convenience, fairness, and
comity." Baggett,117 F.3d at 1353,
First, judicial econorny weighs against exercising supplomental
jurisdiction. Judicial economy typicaily is "served when issues of state law are
resolved by state courts." .Roue u. Ctty of Fort Laud.erd,ule,zTg F.ad 12T j., 1288
(Ilth Cir.2002),
26
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Case 2:20-cv-00568-SPC-NPM Document 70 Filed OLl27l2l Page 26 of 27 PagetD 2695
Second, convenience points to retaining jurisdiction. Like the Eleventh
Circuit noted, "as far as the parties are concerned, it would be most conveniept
to try every claim in a single forum," Ameritox, Ltd. u. Mtllennhtm
Laboratoties, fnc.,80B F.Bd bt8, bgg (11th Cir. 2015).
Third, fairness considerations do not favor jurisdiction here. Each
"litigant who hrings supplemental claims in ffederal] couyt knowingly risks the
dismissal of those claims." Id, Plaintiffs are free to refile their state-law claims
in state court. So "fairness concerns do not weigh in favor of retaining
jurisdi"ctiorr." See td, aL 540,
And fourth, comity cuts against exercising supplernental jurisdiction. "It
is a bedroch principle that 'needless d.ecisions of state law should be avoided
both as a matter of comity and to promote jristice between the parties, by
procuring for them a surer-footed reading of applicable law."' /d. (quoting
Utited Mine Worhers of Am, u. Gtbbs, SBB u,s. 7tb, 7zG (1966)). The rest of
this case raises technical questions of how Florida's local governments should
legislate to protect the public during a state of emergency, along with how it
enforces its orders. Comity is weli-served'by allowing Florida-not federal-
courts to resolve those matteys.
After weighing the above, the Court declines to exercise supplemental
jurisdiction. So Counts 3 and 4 ar.e dismissed without prejudice to Plaintiffs
refiling those claims in state court, slmbanets, BTB F.zd at 12g6-g7.
26
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D. Conclusion
Our Constitution doesn't take sick days, Nor do its protections evaporate
during times of emergency. Yet these principles cannot save Plaintiffs' federal
claims-which misunderstand both the rights enshrined by the Constitution
and this Court's place in the frarneworh it established. Because Orcler T does
not violate the First or Fourteenth Amendments, and a state court is better
positioned to resolve the remaining claims, this case i.s dismissed.
Accord.ingly, it is now
ORDERED:
L. Defendarrts'Motion to Dismiss (Doc. 68) is GRANTED in part.
a. Count 1is DISMISSED with prejudice.
b. Count 2 is DISMISSED with prejudice as to Plaintiff Oakes
Farms, Inc. count 2 is DISMTSSED without prejudice as to
Plaintiff SYancis Oahes, III.
c, Counts 3 and 4 are DISMISSED without prejudice.
2, The clerk is DIRECTED to enter judgment, terminate any pending
motions or deadlines, and close the file.
DONE and ORDEBED in Fort Myers, Flovida on January 27, zazl,.
Copies: A11 Parties of Record
oryAI
UNITEDSTATES TJUDGE
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Packet Pg. 84 Attachment: MOTION 1 CELU20200007709-CO02703, CELU20200008059-CO00179 Seed to Table LLC (15370 : CELU20200007709-CO02703,
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15303) DOC ID: 15303
Updated: 3/16/2021 8:02 AM by Elena Gonzalez Page 1
CEEX20210002386-PR061362 Williams
CASE NO: CEEX20210002386-PR061362
OWNER: Gabriella Williams
OFFICER: Park Ranger Carol Buckler
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66. Vehicles with trailer parking only as
posted.
FOLIO NO:
PROPERTY Goodland Boat Ramp, Marco Island, FL 34140
ADDRESS:
7.A.1
Packet Pg. 85
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COIVIMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
VS,
GABRIELLA WLLIAMS, Respondent(s)
Case: CEEX202'l 0002386-PR061 362
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and '162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation belowl
DATE:
TIME:
PLACE:
VIOLATION:
LOCATION OF VIOLATION
SERVED:
04t02t2021
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
SO Prohibited/Restricted Parking 1 30-66
Goodland Boat Ramp, Marco lsland, FL 34140
GABRIELLA WLLIAMS, Respondent
Park Ranger Carol Buckler, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Contrnuances will not be considered if not received by the
Secretary to the Office of the Special lvlagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclrve communicalion. or olher reasonable accommodations to participate in this proceeding,
should contact the Collier County Faciljlies [,'lanagement Div sion, located al 3335 Tamiami Trail E., Suite 10'1, Naples, Ftorida 34112, or (23S) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled evenl. Such reasonable accommodalions will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un rnejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio kaductor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angle tanpri vini avdk yon inleprdt pou pal6 pou-ou.
7.A.1.a
Packet Pg. 86 Attachment: CEEX20210002386-PR061362 Williams (15303 : CEEX20210002386-PR061362 Williams)
Make check payable to: CCBCC (-<
PLEASE MAIL TO: \")-
Collier Ccunty Code Enforcement
AS$0 N. tlorsry*hoe Drlve, N*ple*, FL 341S4
PAHKING VISLATION CITA NOT{a PARK RANSTR PR
COLLIEFI CCIUNTY. FLCIFIIDA
ssts**
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Stresl Addre$s
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. , t plead Guilty & Pay Fine
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'
p+sad t'lol Guilty and a Hearing is Bequested
lFrrsl) {,n*ral}
Zip Crde
Strsel Addres$
Stdlr
PL€A TORU
NAi*g {LaBl}
:K
r a State r
rA-{ rdr-rr}t kL u-;!, |.
w* 5r ;.2" -
CitY Zip Ccde
V{OLATfON DESCRIBED AS TOLLOWS
frfiruEa_fiaufi IY__&QnE-ar tAxl{-e -Q-8fitfi*n0H$
UHLAWFUL ARE& - $3O 0O {ine [Ord $*e 13S-6$]
FIBE LAilf -S30.0S line [Ord. Ssc ]30"s6 tl]{h}l
[_l xauoe*PPeo spACE ,s?s0,00 fin€ [ord $ec 130.$zl
OTHTH,
Fark franger;
SignaNure
FAILUHE TO RTSPOND TO THIS CN?ATION IT'ILL
sE$u[-r rN TMMEBTATE ACTTON {C}.{. 316"1S67
tl*$T*{JCTtO},*$:
Y*u musl elecl one ol lhe lollswing options withln lhirty {30}
days ol the date ol this citalion,
1. Pay the ssheduted fine ul-perssn.
2. ?ay the schaduled line hy.mal}. or
3, Begmgt"allfialing by completing the Plea
Form at the bofiom of the mailing. You will be notiliad
by returrr rnailal th* l-laaring dat*.
IF YOU TLEST A I{IAfiING, YOU MAY I-{AVE A PENAI.TY
IMPOSEO NOT TO EXCEED $1OO,OO OR
$25O.OO FOfr HANDICAPPEO PAHKING
Lics$se Plate NumberXa;"zr{offle Expife$
7t:", .71
FtSrBgs U€c;:l Nurnbgr
/5 j.'9373
y{r *da tt8'v
M*{i0i Celor
*f qryr&
aata ; *S-Xl
Time
2?
L(}cal,on
S,.t:"ctA,,;J 13 ** fr**/
I
,a fit
$pecifrcally: ,i1-*.h"t"*I-**" ...t )<:::. Ift I r.t { .fA rb y*)
#/..Lt. *P fix*r|- fu;ii:,: - -
s,6;arur€i
**-**- TEIEIVIS ff$-SS"t$tt
City
7.A.1.a
Packet Pg. 87 Attachment: CEEX20210002386-PR061362 Williams (15303 : CEEX20210002386-PR061362 Williams)
ce((,qfulB?"PraffikccBcc
PLEASE MAIL TO:
Collier County Code Enforcement
2800 N. Horseshoe Drive, Naples, FL 34104
PARKI NG VIOLATION CITATION
PARK RANGER PR
COLLIER COUNTY FLORIDAB
NAttilE (Last)(First)(lnitial)
Street Address
State Zip Code
VIOLATION DESCRIBED AS FOLLOWS
Date
Time
Location
COLLIER COUNTY CODE OF LAW & ORDINANCES
UNLAWFUL AREA - $30.00 fine [Ord. Sec. 130-66]
Specificallv:
FIRE LANE - $30.00 fine [Ord. Sec. 130-66 (1)(h)]
HANDICAPPED SPACE - $2s0.00 fine [Ord. Sec. 130-67]
OTHER - $30.00 fine
Park Ranger: lD#
Signature:
FAILURE TO RESPOND TO THIS CITATION WILL
RESULT rN TMMEDTATE ACTION (CH.316.1967 F.S.)
INSTRUCTIONS:
You must elect one of the following options within thirty (30)
days of the date of this citation.
1. Pay the scheduled fine in person.
2. Pay the scheduled fine bv mail, or
3. Request a hearing by completing the Plea
Form at the bottom of the mailing. You will be notified
by return mail of the Hearing date.
IF YOU ELECTA HEARING, YOU MAY HAVE A PENALTY
IMPOSED NOT TO EXCEED $1OO.OO OR
$25O.OO FOR HANDICAPPED PARKING
License Plate Number Date Expires
State Decal Number
Make Model Color
pLEA FORM ! t ptead Guilty & Pay Fine
fi t ptead Not Guilty and a Hearing is Requested
NAlilE (Last)(lnitial)
Street
State
a
*
3 Code
City
E;
I
lo ,.
7.A.1.a
Packet Pg. 88 Attachment: CEEX20210002386-PR061362 Williams (15303 : CEEX20210002386-PR061362 Williams)
Sec. 130-66. - Generally.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the
direction of a law enforcement officer or official traffic control device, no person shall:
(1) Stop, stand or park a vehicle:
a. Upon a street or highway in such a manner or under such conditions as to
obstruct the free movement of traffic;
b. On the roadway side of any vehicle stopped or parked at the edge or curb of a
street or highway;
c. On a sidewalk, bike path, or bike lane;
d. Within an intersection;
e. on a crosswalk;
f. Alongside or opposite any street or highway, or obstruction when stopping,
standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure upon a highway, or within a
highway tunnel, where parking is not provided for herein;
h. Within any fire lane appropriately signed;
i. Between a safety zone and the adjacent curb or within 30 feet of points on the
curb immediately opposite the ends of a safety zone, unless the transportation services
division or the state department of transportation lndicates a different length by signs or
markings;
j. On any railroad tracks.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
a. ln front of a public or private driveway;
b. Within '15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign or traffic
control signal located at the side of a roadway;
e. Within 20 feet of a driveway entrance to any fire station and on the side of a
street or highway opposite the entrance to any fire station within 75 feet of said entrance;
f. Within 100 feet of intersecting road right-of-way;
g. On any roadway pavement maintained by the county on other than duly
designated parking lanes;
h. Within 50 feet of the nearest rail of a railroad crossing unless the transportation
services division or the state department of transportation establishes a different distance
due to unusual circumstances;
i. At any place where official signs prohibit or restrict parking, or in excess of time
periods authorized by such signs;
7.A.1.a
Packet Pg. 89 Attachment: CEEX20210002386-PR061362 Williams (15303 : CEEX20210002386-PR061362 Williams)
j. Along or adjacent to any curb painted red or yellow, or across the delineated
boundaries of a public parking place;
k. At any place where official signs prohibit standing;
L Within a drainage swale;
m. Seaward of the coastal construction setback line.
(3) lt is unlawful for any person or persons to willfully obstruct the free, convenient, and
normal use of any public street, highway or road, by impeding, hindering, stifling, retarding or
restraining traffic or passage thereon, or by endangering the safe movement o{ vehicles or
pedestrians travelling thereon:
a. No person shall stop, stand or park a vehicle within an alley in a business district
except for the expeditious loading or unloading of material, and in no event for a period
of more than 20 minutes, and no person shall stop, stand or park a vehicle in any other
alley in such a manner as to obstruct the free movement of vehicular traffic;
b. No person shall stop, stand or park a vehicle within an alley in such position as
to block the driveway or entrance to any abutting property.
(4) lt is a violation of this article ll to park a boat trailer or other vehicle used to launch
boats if the trailer or other boat Iaunch vehicle is parked in whole or in part on paved or unpaved
public road right-of-way within one mile of the nearest entrance to a county park, or other
county facility that includes a boat launch ramp or has other designed boat launching capability
and the boat launch trailer or vehicle is not displaying a county boat launch permit or a paid
county boat launch receipt to launch boats at that county facility.
(Ord. No.80-47,5 5; Ord. No.91-23, S 3; Ord. No. 01-33, 5 1,6-12-01)
State Law reference- General prohibitions on stopping, standing and parking, F.S. 5 316.1945.
7.A.1.a
Packet Pg. 90 Attachment: CEEX20210002386-PR061362 Williams (15303 : CEEX20210002386-PR061362 Williams)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15304) DOC ID: 15304
Updated: 3/16/2021 8:28 AM by Elena Gonzalez Page 1
CEEX20200012780-PR061980 Anthony
CASE NO: CEEX20200012780-PR061980
OWNER: Evelyn T Anthony
OFFICER: Park Ranger Joseph Esquivel
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-55. Failure to display a current beach
parking permit or paid receipt.
FOLIO NO:
PROPERTY North Gulf Shore Access, Naples, FL 34103
ADDRESS:
7.A.2
Packet Pg. 91
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
Case: CEEX2020001 2870-PR06'l 980
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the vioiation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: PR Boat Ramp Parking 130-55
LOCATION OF VIOLATION: North Gulf Shore Access, Naples, FL 34103
SERVED: EVELYN T ANTHONY, Responden
Park Ranger Joseph Esquivel, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special l\4agistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEIVIENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effectrve communication, or other reasonable accommodalions to parlicipate in this proceeding,
should contact the Collier County Facilities Management Drvision, located a13335 TamiamiTrail E Suite T01, Naples, Florida 34112.or(239)252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta altdiencia sera conducida en el idioma ingles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer sLr propio traductor, para un mejor entendimienlo con las comunicaciones de este evento. Por favor traiga su propio traductor
AVETISMAN: Tout odisyon yo fet an angie. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angld tanpri vini avek yon inteprdt pou pale pou-ou.
BOARD OF COUNTY COI\4MISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
EVELYN T ANTHONY, Respondent(s)
7.A.2.a
Packet Pg. 92 Attachment: CEEX20200012780-PR061980 Anthony (15304 : CEEX20200012780-PR061980 Anthony)
Make check payable to: CCBGC
PLEASE MAIL TO:
Collier County Code Enforcement
2800 N, Horseshoe Drive, Naples, FL 34104
PARKING V!OLATION CITATIONaPARK RANGER PR
COLLIEB COUNTY, FLORIDA
NAIJE (asl) iFirsll (lnitielr/Jtdtus* €\'<y*,^ -t-
"'Y{? Uvisfw, aic-04-
c Stat6 Code\u ?-3+l
UNLAWFUL AnEA - S30,00 fine 1o{[sec. 130-60]
Specilically:
FIRE LANE - S30.00 flne [Ord. Sec. 130-66 (1Xh)]
I-{ANDICAPPED SPACE - 5250.00 line IOrd. Sec.hq,urr
I orxen - sso.oo tine
Park Rang
Signalure:
tD# _
INSTRUCTIONS:
You must elect one of the following options within thirty (30)
days of the date of this citation.
1. Pay the scheduled tine in person.
?. Pay the scheduled fine bv mail, or
€$Aecueslaiearus by completing the Plea-
F6rm at the bottom ot the mailing. Vou will be notified
by returo mail of the Hearing date.
IF YOU ELECTA HEARING, YOU MAY HAVE A PENALTY
IMPOSED NOT TO EXCEED $1OO.OO OR
$25O.OO FOH HANDICAPPED PARKING
License FIat6 Number Dale Expires
State Deca,Number
lx. z
Color
Date
'llme
Localion
, a.tX! - . :
RESPOND TO THIS CITATION WILL
RESULT tN |MMEDTATE ACTTON (CH.316.1967 F.S.)
FAIL RE
VIOLATION OESCHIBED AS FOLLOWS:
!
.E
n
I plead Guilty & Pay Fine
(lnllial)
JItt+
7.A.2.a
Packet Pg. 93 Attachment: CEEX20200012780-PR061980 Anthony (15304 : CEEX20200012780-PR061980 Anthony)
130-55. - Beach parking, collection of feer(a) The board of county commissioners does
hereby find that the collection of parking fees at the county beach parking facilities is required to
offset the increased costs of operating and maintaining for parking facilities. lt is therefore the
purpose of this section to provide for the collection of parking fees at all of the county beach
parking facilities.
(b) This section shall apply to and be enforced in all county-provided parking facilities at
Clam Pass Park, Tigertail Beach and Vanderbilt Beach.
(c) The board of county commissioners shall establish by resolution a fee schedule for
parking facilities and parking services for all users of the county provided parking facilities
at Clam Pass Park, Tigertail Beach and Vanderbilt Beach. Collier County Resolution No.88-
246, adopted by the Board of County Commissioners on September 27, 1988, is hereby
ratified.
(Ord. No. 89-17, SS 1-3)
7.A.2.a
Packet Pg. 94 Attachment: CEEX20200012780-PR061980 Anthony (15304 : CEEX20200012780-PR061980 Anthony)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15326) DOC ID: 15326
Updated: 3/16/2021 8:35 AM by Elena Gonzalez Page 1
CEEX20210001897-PR062153 Chew
CASE NO: CEEX20210001897-PR062153
OWNER: William Chew
OFFICER: Park Ranger Mauricio Araquistain
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article II, Section 130-66(4). Failure to display paid launch
receipt.
FOLIO NO:
PROPERTY North Gulfshore Access, Naples, FL 34103
ADDRESS:
7.A.3
Packet Pg. 95
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COIVIMISSIONERS,
COLLIER COUNTY, FLORIDA, PIAiNtiff,
VS,
WILLIAM CHEW, Respondent(s)
Case: CEEX20210001 897-PR0621 53
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special nilagistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: PR Prohibited/Restricted Parking 130-66(4)
LOCATION OF VIOLATION: North Gulfshore Access, Naples, FL 34103
SERVED: WLLLIAM CHEW, Respondent
Park Ranger l\4auricio Araquistain, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Mlagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry COOE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or servrce for etfecl ve commlrnication. or other reasonable accommodations to parlicipate in this proceeding,
should contactthe Collier County Facilities lvlanagement Drvision, located at 3335 TamiamiTrail E. Suite 101, Naples, Florida 34112, or (239) 252-8380
as soon as possible, but no later than 48 hours before the scheduled evenl Such reasonable accommodalrons will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor lraiga su propio traductor
AVETISMAN: Tout odisyon yo fdt an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angld tanpri vinr avdk yon intdprat pou pal6 pou-ou
7.A.3.a
Packet Pg. 96 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
Make check payable to: CC3CC
PLEASE MAIL ?O:
Collier County Code frforcsment
2800 N. Horseshge Drive, Naples, FL 34104
PAR KING VIOLATION CI?A?ION
\ eARKFTANG.II_ pn *$Z153I a coLLrER couNry FLORTDAJ
NAME (LasO
r'-L-"r Lno.*.n {Firsll lh,riar)
Slreet Address
cily Slale 7ip Code
BED AS
UNLAWFUL line
Specifically
line {Ord 30,66 { 1 }{htlntine l0rd. Sec. I
Park Ranger:tlU o*{{}r
Signature
INSTR
You must one ol lhe following oplions wilhin thirty (30)
days of the date ol this citation.
1. Pay the scheduled fine in+erson.
2. Pay the scheduled fine b:; rnail. or
3. Requesl a hearing by completing the Plea
Form al the bottom ol the mailing. You will be notified
by return mail of the Hearing date.
IF YOU ELECTA HEAHING, YOU MAY HAVE A PENALTY
IMPOSED NOTTO EXC:ED $10*.OO OR
$25O.OO FOR HANDICATPED PA3KING
License Prare ""*' .l x& - {? I L Daie ExDires -€JO
State ,{acal Number
,iJ \I -tdm
L
Calor
\J ,fJ*
a.m,
Dats
Time
p.m.
irj'"Fultr ttr'ot'>
6tL€{{
LANE.
ETO
RESULT
TO THIS C'TATION WILL
ACTIOl!316.1967
PLEA FORM
NAME (Last)
un I plead Guilty & lay Fi**
I plead Not Guilay and a Hearing is Flequesled{ri$rl (hitiat)
Streel Address
City Slale Zp Code
Signalure:IrruL'YE* II8 04 iott
-@12
7.A.3.a
Packet Pg. 97 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
Make check payable to: CCBCC
PLEASE MAIL TO:
Collier County Code Enforcement
2800 N. Horseshoe Drive, Naples, FL 34104
PAH KING VIOLATION CITATION
I I coLLrER couNry FLoRTDA
NAME (Last)(Firsl)(lnitiaD
St.eet Addrsss
V:OLATION AS FOLLOWS
Location
Zp CodeSlate
COLLIER COUNTY CODE OF LAW & ORDINANCES
[] uNr-rwruL AREA - S0.00 fine lord. Sec. 130-661
Specifically:
nnf
RRE LANE - $30.00 fine [ord. sec. 130-66 (1)(h)l
HANDICAPPED
oTHEH - S30.00
Park Sanger:
6plce - $250.00 fine [fr. sec. 13&6I
r fine
1l tD#
Signature:
You must elect one of the lollowing oplions wlthin thirty (30)
days ot the date ol this citation.
1. Pay the scheduled fine in person.
2. Pay the scheduled fine by mail, or
3. Flequest a hearing by completing the Plea
Form at the bottom of the mailing. You wiil be notified
by relurn mailol the Hearing date.
IF YOU ELECTA HEARING, YOU MAY HAVE A PENALTY
IMPOSED NOTTO EXCEED $1OO.OO OR
$25O.OO FOR HANDICAPPED PARKING
pLEA FORM ! I plead Guilty & Pay Fine*f I plead Not Guilty and a Hearing is Requested
NAME {Las0 (lnitial)
Slreei Address
City Zp
License Plato Numbsr Date Expires
Slate Decal Numtlsr
Make Model Color
3.m.
p.m
FAILURE TO RESPOND TO THIS CITATION WILL
EDTATE ACTTON (CH. 316.1967BESULT
City
Oata
1]me
7.A.3.a
Packet Pg. 98 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
*T&* y*Ot:3 e-.n"c*:-\. r.a
Lr*a":*-+ rtr:rJe-;:J . L&
€-->-"^e}-A"c +** i:*-elzf
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{*-"* <.--O'17 r*,.*-l$ .
\ila*- €-,<-.e-- g"*- rfo"a*<*i:'^'
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+g <L- *'git:a -\+
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{,a-r g*?;:5 -**rtoo"1-,"". 5
\-j
7.A.3.a
Packet Pg. 99 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
Wehorne To
Cohr County, FL
PARKING TIME EXPIR[S AT
0.1mt21
11:45 PM
Meter.
North Gult Shore Ac
Trans'1428
Paid S8.00
PLEASE RETAIN IHIS TICKEI
AS PROOF OF PAYM:NT
DISPLAY ON DRTVER SIOE
OF DASHBOARD
Jan 31 2021 11.23 AM
2o
Imomt{
to
!D!a2oImotr!
tD,xzo,motr!
7.A.3.a
Packet Pg. 100 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
cFAR6ill ARt FOP Tna USE Or SPACE Oltly
fJ' ASSUUE NO NESPONS]aILII.i \1'!,'ISOEVEi FOF
LOSS OH OAMAG€ DUETO FIPE.'HEF'I COLUSION OR
olHafiw6E ro tH€ vEHtcLE 0A trs coNTElJlS
LOs CARGOS SOll SOLO FOB l-A UTrr.rZACtOn OELrHaa o3 EsrActonaMrENr To No s( AslIrrRA
F'SPOI6ASILIOAO ALGI,JIIA POR CUALOUIER PEROIO^
FO60 CCLrSran O OANO ATRI6trBLt A !X Fll€GO U
ornos SrxrE5rRos caJSjDos a su vEHtculo o
CHAqC€S AFE fOR IHE iJSE OF SPACE O'IL!
W€ ,\SSI]ME NO A€IIPONSIAIUry V;BATSOEVEB FO'I
loss c6 oAMAcE ollE To FJiE rHE Fr. COt US|ON OBlid€nwlsE ic rirE vEarcLa on rr5 CoNTENTS
!o5 c^.4': iJ\ soLc Fo. tA u_,,./A( c\ IrE.aRta or t.rr' r\Avarr_ r: ro rr r1. \q,.4qEsPoitAsuroAc At6ura poF clrAlourEF penolDA
hc6a. cousroN o DArto ara aLrtoLt a Lir: nr€60 rl0rEo. srNrEsrAos caLsaD.). r lr,,t!c.iL)o
7.A.3.a
Packet Pg. 101 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
Sec. 130-55. - Generally.
Except when necessary to avoid conflict with other traffic, or in compliance with law or the
direction of a law enforcement officer or official traffic control device, no person shall:
(1) Stop, stand or park a vehicle:
a. Upon a street or highway in such a manner or under such conditions as to
obstruct the free movement of traffic;
b. On the roadway side of any vehicle stopped or parked at the edge or curb of a
street or highway;
c. On a sidewalk, bike path, or bike lane;
d. Within an intersection;
e. On a crosswalk;
f. Alongside or opposite any street or highway, or obstruction when stopping,
standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure upon a highway, or within a
highway tunnel, where parking is not provided for herein;
h. Within any fire lane appropriately signed;
i. Between a safety zone and the adjacent curb or within 30 feet of points on the
curb immediately opposite the ends of a safety zone, unless the transportation services
division or the state department of transportation indicates a different length by signs or
markings;
j. On any railroad tracks.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or
discharge a passenger or passengers:
a. In front of a public or private driveway;
b. Within 1 5 feet of a fire hYdrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign or traffic
control signal located at the side of a roadway;
e. Within 20 feet of a driveway entrance to any fire station and on the side of a
street or highway opposite the entrance to any fire station within 75 feet of said entrance;
f. Within 100 feet of intersecting road right-of-way;
g. On any roadway pavement maintained by the county on other than duly
designated parking lanes;
h. Within 50 feet of the nearest rail of a railroad crossing unless the transportation
services division or the state department of transportation establishes a different distance
due to unusual circumstances;
i. At any place where official signs prohibit or restrict parking, or in excess of time
periods authorized by such signs;
7.A.3.a
Packet Pg. 102 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
j. Along or adjacent to any curb painted red or yellow, or across the delineated
boundaries of a public parking place;
k. At any place where official signs prohibit standing;
l. Within a drainage swale;
m. Seaward of the coastal construction setback line.
(3) lt is unlawJul for any person or persons to willfully obstruct the free, convenient, and
normal use of any public street, highway or road, by impeding, hindering, stifling, retarding or
restraining traffic or passage thereon, or by endangering the safe movement of vehicles or
pedestrians travelling thereon:
a. No person shall stop, stand or park a vehicle within an alley in a business district
except for the expeditious loading or unloading of material, and in no event for a period
of more than 20 minutes, and no person shall stop, stand or park a vehicle in any other
alley in such a manner as to obstruct the free movement of vehicular traffic;
b. No person shall stop, stand or park a vehicle within an alley in such position as
to block the driveway or entrance to any abutting property.
(4) lt is a violation of this article ll to park a boat trailer or other vehicle used to launch
boats if the trailer or other boat launch vehicle is parked in whole or in part on paved or unpaved
public road right-of-way within one mile of the nearest entrance to a county park, or other
county facility that includes a boat launch ramp or has other designed boat launching capability
and the boat launch trailer or vehicle is not displaying a county boat launch permit or a paid
county boat launch receipt to launch boats at that county facility.
(Ord. No. 80-47, 5 5; Ord. No. 91-23, q 3; Ord. No. 01-33, ! 1, 6-12-01\
State Law reference- General prohibitions on stopping, standing and parking, F.S. 5 316.1945.
7.A.3.a
Packet Pg. 103 Attachment: CEEX20210001897-PR062153 (15326 : CEEX20210001897-PR062153 Chew)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15305) DOC ID: 15305
Updated: 3/16/2021 8:40 AM by Elena Gonzalez Page 1
CESD20200011678 HUNTINGTON LAKES RESIDENTS
ASSOCIATION INC
CASE NO: CESD20200011678
OWNER: HUNTINGTON LAKES RESIDENTS ASSOCIATION INC
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and (B)(1)(e)(i).
New sheds installed on the property with no Collier County
permits obtained.
FOLIO NO:
PROPERTY 51075000974
ADDRESS: 2404 Oakes BLVD, Naples, FL 34119
7.A.4
Packet Pg. 104
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA, Plaintiff,
vs.
HU NTINGTON LAKES RESIDENTS ASSOCIATION INC , Respondent(s)
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISEO that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations lo participate in this proceeding,
should contact the Collier County Facilities lvlanagement Division, located at 3335 Tamiami Trail E., Suite 10'l, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no laler than 48 hours before the scheduled event. Such reasonable accommodations will be provided al no cost lo the
individual.
NOTIFICACION: Esta audiencia sera conducida en el rdioma lngles Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor traiga su propio traductor.
AvETlSliANr Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angle lanpri vini avek yon intdpret pou pa e pou-ou
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
Case: CESD2020001 1678
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: CO Required ATF Permits 10.02.06(8)(1Xa), 10.02.06(BX1Xe) and 10.02.06(8)(1)(e)(i)
LOCATION OF VIOLATION: 2404 Oakes BLVD, Naples, FL 341 19
SERVED: HUNTINGTON LAKES RESIDENTS ASSOCIATION lNC, Respondenl
Delicia Pulse, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
7.A.4.a
Packet Pg. 105 Attachment: CESD20200011678 HUNTINGTON LAKES RESIDENTS ASSOCIATION INC (15305 : CESD20200011678 HUNTINGTON LAKES
Case Number: CESD202O0Or1678
oate: October 28, 2020
lnYestigator: Delicia Pulse
Phot)€:2392522481
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Ownor: HUNTINGTON LAKES RES ASSN INC % AMERICAN PROPERTY MANAGEMENT
10621 AIRPORT PULLING RD N # 8
NAPLES, FL 34109
Regbter€d Agsnt: Sunburst Management Corp
2675 S. Horseshoe Dr rr401
Nagles, FL 34104
Locatlon: 2404 Oakes BLVD, Utility Asset, Meter, Naples
Unincorpot?tod collier County
Zonlng Disti PUD
Property Legal Oescriptlon: HUNTINGTON LAKES UNIT ONE
Folio:51075000974
TRACT 5 (BUFFER,COMMON AREA)
NOTICE
Pu.suant to Coltior County Consolidated Code Entorcomont Rogulations, Collier County Coda of Laws and
Ordinancos, Chapter 2, Articlo lX, you are notified that a violation(s) of tha following Collier County Ordinancs(s)
and or PUD Regulation(s) exbta at tho abovedoacribed location.
Ordinancolcode: Building and Land Alteration Permits. (Permits, lnspections, Certifrcate of Occupancy Required)
Collier County Land Development Code 0441 , as amended, Section 10.02.06(BXl Xa), Section 10.02.06(BX1Xe) AND
Secl,on 1 0.02.06(BXl Xe)(i)
The County Manager or his designee shall be responsible for determining whethel applicataons for building or land alteration permits, as
requied by the Collier County Bualding code or this Code are in accord with the requrrements ot this Code, and no building or land
alteration permit 6hall be issued without wntten approval that plans submitted mnform to applicable zoning regulations, and other land
development regulaltons. For purposes of this section a land alteratron permit shall mean any written authorization to alter land and for
Mlich a building permit may not be required. Examples include but are not limiled to clearing and excavation permits, srte development
plan approvals, agncultural clearing permats, and blasting permits. No building or struciure shall be erected, moved. added to, altered,
utilized or allowed to exist and/or no land alteration shall be permitted wthout first obtain,ng the authorization of the requared permit(s),
inspeclions and certificate(s) of occrrpancy as requrred by the Collier County Building Code or this Code :
lmprovement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation,
grading, improvement of property or construclion of any type may be commenced prior to the issuance of a building permit
where lhe devetopment proposed requires a building permit under this Land development Code or other applicable county
regulations..:
i. ln ths event the improvement of property, construction of any type, repairs or remodeling of any type that requires a
building permit has been completed all required inspection(s) and certificate(s) of occupancy must be obtained within 60
days after the issuance of aftet the fact permit(s)..
Violation Ststua - lnitial
DESCRTpTtON OF CONDTTTONS CONSTTTUTING THE VrO|-ATION(S).
Did Wtnsss: New shgds installed on property and no Colliet County permits obtainod
ORDER TO CORRECT VIOLATION{S):
You are directod by this Notics to tako the ,ollowing corroctivo action(s):
'1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through
Certificate ot Completion/Occupancy for described structure/ alteration.
2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for
described structure/improvements: OR remove said structurs/improvements, including materials from property and
restore to a permitted state AND / OR Must cease all improvement activilies until such time lhat any and all required
7.A.4.a
Packet Pg. 106 Attachment: CESD20200011678 HUNTINGTON LAKES RESIDENTS ASSOCIATION INC (15305 : CESD20200011678 HUNTINGTON LAKES
pennits are obtained from Growth Management.
3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completlon as required in the 2017 Florida
Building Code.
ON OR BEFORE: Novembor 27,2020
Fallurtc to corect vloladong may reeult in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to 15fi) and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to 11000 per day per violation, as long as the violation
remains, and @sts of prosecution.
SERVED INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-23/3
Delicia Pulse
Case Number: CESD202000i I 678
Signature and Title of Recipient
l4FU'e Pa<v-r,r(r G
Printed Name of Recipient
/0 90
'Thi! viohtion may require sddltonal compliance and approval from other dopartrnenb which may be requlred under local, Btrte and ioderal
rcgrdetlonq lncftrdlne, hrt not limttad to: right of-*ay pormlt bslldlng pormG dernolloon of sructure, Sile Devdopment Phn, lnrubct ntial
ChareB b Sha Devclopmed Phn, end Varbncer alonq with, paymoot d impact iooa, and any now or outrtrnding feoo rrqulnd lor epproval.
7.A.4.a
Packet Pg. 107 Attachment: CESD20200011678 HUNTINGTON LAKES RESIDENTS ASSOCIATION INC (15305 : CESD20200011678 HUNTINGTON LAKES
The Collier County Land Development Code, 2004-41, As Amended
10.02.06 - Requirements for Permits
B. Building Permit or Land Alteration Permit.
l. Building or land alteration permit and certificate of occupancy compliance process.
a. Zoning action on building or land alterotion permits. The County Manager or his designee
shall be responsible for determining whether applications for building or land alteration
permits, as required by the Collier County Building code or this Code are in accord with
the requirements of this Code, and no building or land alteration permit shall be issued
without written approval that plans submitted conform to applicable zoning regulations,
and other land development regulations. For purposes of this section a land alteration
permit shall mean any written authorization to alter land and for which a building permit
may not be required. Examples include but are not limited to clearing and excavation
permits, site development plan approvals, agricultural clearing permits, and blasting
permits. No building or structure shall be erected, moved, added to, altered , utilized or
allowed to exist and/or no land alteration shall be permitted without first obtaining the
authorization of the required permit(s), inspections and certificate(s) of occupancy as
required by the Collier County Building Code or this Code and no buitding or land
alteration permit application shall be approved by the County Manager or his designee for
the erection, moving, addition to, or alteration of any building, structure, or land except
in conformity with the provisions of this Code unless he shall receive a written order from
the Board of Zoning Appeals in the form of an administrative review of the interpretation,
or variances as provided by this Code, or unless he shall receive a written order from a
court or tribunal of competent jurisdiction.
e. Improvement of property prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of properfy or construction of any
type may be commenced prior to the issuance of a building permit where the development
proposed requires a building permit under this Land development Code or other
applicable county regulations. Exceptions to this requirement may be granted by the
County Manager or his designee for an approved subdivision or site development plan to
provide for distribution of fill excavated on-site or to permit construction of an approved
water management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal
of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 3 and 10.
i. In the event the improvement of property, construction of any type, repairs or
remodeling of any type that requires a building permit has been completed, all
required inspection(s) and certificate(s) of occupancy must be obtained within 60 days
after the issuance of after the fact permi(s).
7.A.4.a
Packet Pg. 108 Attachment: CESD20200011678 HUNTINGTON LAKES RESIDENTS ASSOCIATION INC (15305 : CESD20200011678 HUNTINGTON LAKES
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15306) DOC ID: 15306
Updated: 3/16/2021 9:29 AM by Elena Gonzalez Page 1
CENA20200007292 Sage
CASE NO: CENA20200007292
OWNER: Carla Sage
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-181 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Accumulation of litter including, but not limited to, interior
furniture, plastic storage items, household junk, debris and items
covered with tarps stored outside on the property.
FOLIO NO: 00209160709
PROPERTY 3123 Ravenna AVE, Naples, FL 34120
ADDRESS:
7.A.5
Packet Pg. 109
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Off ice of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY. FLORIDA. PIaintiff,
vs.
CARLA SAGE, Respondent(s)
NOTICE OF HEA
pLEASE TAKE NOTTCE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violaticn below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Prohibited Use 54-'181 and 2.02.03
LOCATION OF VIOLATION: 3123 Ravenna AVE, Naples, FL34120
SERVED: CARLA SAGE, Respondent
Paula Guy, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three- copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special lvlagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxjliary aid or service for effective communication, or olher reasonable accommodations to participate in lhis proceeding,
should contact the Collier County Facilities lVanagement Division, Iocated at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esla audlencia sera conducida en el idroma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor
AVETIS'iAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprdt pou pald pou-ou.
Case: CENA20200007292
7.A.5.a
Packet Pg. 110 Attachment: CENA20200007292 Sage (15306 : CENA20200007292 Sage)
Case Number: CENA20200007292
Date: August 21, 2020
lnvestigator: Paula Guy
Phone: 239-877'81 17
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner; SAGE, CARLA
3123 RAVENNA AVE
NAPLES. FL 34120
Location: 3123 Ravenna AVE, Building, Naples
Unincorporated Collier County
Zoning Dist: A
Property Legal Description: 364826E112 OFNEl/4OFSW1/4OFSW1/4OFNW1/4LESSS 30FT
Folio: 209160709
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following
collier county ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Unauthorized accumulation of litter. Collier County Code of Laws , Chapter 54
Environment, Article Vl Weeds Litter and Exotics, Section 54-181
The Collier County Land Development Code, 2004-41, As Amended, Section 2.02.03, Prohibited Uses.
Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street,
alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent,
manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is
hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is
allowed to remain on such property.:
Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or
accessory use shall be prohibited in such zoning district. :
Violation Status - lnitial
DESCRTPTTON OF CONDTTIONS CONSTITUTING THE VIOLATION(S).
Did Witness: Observed accumulation of litter to include but not limited to interior furniture,
plastic storage items, household junk trash an debris and items covered with tarps stored outside
on property.
ORDER TO CORRE CT VIOLATION{S):
You are directed by this Notice to take the following corrective action(s):
1 . Must remove all unauthorized accumulation of litter from the property to a site intended for final
disposal.
2. Cease the outside storgae activity, which is not a permitted, accessory, or conditional use in this
zoning district.
ON OR BEFORE: 0910412020
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
7.A.5.a
Packet Pg. 111 Attachment: CENA20200007292 Sage (15306 : CENA20200007292 Sage)
BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL34104
Phone: 239 252-2440 FAX: 239 252-2343
Guy
Number:
Srgnature and Title of Recipient
Printed Name of Recipient
Date
*This violation may require additional compliance and approval from other departments which may be required under local,
state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site
Development Plan, lnsubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and
any new or outstanding fees required for approval.
7.A.5.a
Packet Pg. 112 Attachment: CENA20200007292 Sage (15306 : CENA20200007292 Sage)
The Collier County Code of Laws and Ordinances
sec. 54-181. - Unauthorized accumulation of litter.
Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon
any public street, alley or other public or private place is a violation of this article. Any property owner,
tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property,
whether improved or unimproved, is hereby declared to be in violation of this article where any such
unauthorized accumulation of litter is maintained or is allowed to remain on such property.
(Ord. No. 2005-44,5 7)
The Collier County Land Development Code, 2OO4-4L, As Amended
2.02.03 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use, conditional
use , or accessory use shall be prohibited in such zoning district.
7.A.5.a
Packet Pg. 113 Attachment: CENA20200007292 Sage (15306 : CENA20200007292 Sage)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15307) DOC ID: 15307
Updated: 3/16/2021 9:34 AM by Elena Gonzalez Page 1
CEV20210000837 Martinez
CASE NO: CEV20210000837
OWNER: Robert A Espinoza Martinez
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 4.05.03(A). Vehicles parked on the grass.
FOLIO NO: 36516520006
PROPERTY 4100 29th PL SW, Naples, FL 34116
ADDRESS:
7.A.6
Packet Pg. 114
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
vs.
Case: CEV20210000837
ROBERT A ESPINOZA MARTINEZ , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Residential Parking - Single Family 4.05.03(4)
LOCATION OF VIOLATION: 4100 29th PL SW, Naples, FL 34116
SERVED: ROBERTA ESPINOZA MART|NEZ, Responden.
Saylys Coutin, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist ofthe original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 0744, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requjres an auxiliary aid or service for effeclive communicalion, or olher reasonable accommodations to panicipate in this proceeding,
should contact the Collier County Facilities N4anagement Div sion, located at 3335 Tamiami Trait E., Suile 101, Naples, Ftonda 34112, or (23S) 257,8380,
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodatrons will be provided at no cost to lhe
individual.
NOTlFlCAcloN: Esta audiencia sera conducida en el idioma lngles Servicios the traduccion no seran disponibles en la audiencta y usted sera
responsable de proveer su propio traductor, para un melor enlendimrento con las comunicaciones de esle evento. Por favor traiga su propio lraduclor.
AVETIS'IiAN: Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon Si ou pa pale angtd tanpri vini avek yon intdpret pou pat6 pou,ou.
7.A.6.a
Packet Pg. 115 Attachment: CEV20210000837 Martinez (15307 : CEV20210000837 Martinez)
CeBe Number CEV20210000837
Oate: January 29, 2021
lnvgstlgator: Saylys Coutin
Phone:239-877-8126
COLLIER COUI{TY CODE EI{FORCE}IENT
NOTICE OF VIOLATION
Owner: MARTINEZ. ROBERT A ESPINOZA
41OO 29TH PL SW
NAPLES, FL 34116
Location: 4100 29th PL SW, Single Family, Naples
Unincorporated Colll€r County
Zonlng Dlst: RSF-3
Proporty Lagal D€scrlption: GOLDEN GATE UNIT 8 PART '1 BLK 277 LOT 15
Follo: 36516520006
NOTICE
PuBuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinanc€s, Chapter 2, Altlcle lX, you ars notifisd that a violalion(s) ofth6 following Collier County Ordinance(s)
and or PUD Regulatlon(s) oxists at ths abovedescribed locstion.
Ordinance/Gode: Specific Parking Requiremenls for Residentlal Uses in Mixed Use Urban Residential Land Uso. Single
Family Dwelling Units. Collier County Land Development Code O4-41, as amended, Section 4.05.03(A)
StoGge and Use of Vehicle Control Ordinance, Code of Laws and Ordinancss, Article lll, Chapter 130, Section 130-97(5)
All automobile parking or storage of automobiles in connection with rssidential structures ... The parking and/or storage of auiomobiles
in mnnection with th€ r€sidantial dwelling units they are ancillary and accsssory lo shall be r€gulated as follows:
A. Singl€-family dwelling units: Unl€ss otherwisa park€d or storod in an endqsed structure, the psrking or storing ol automobiles in
conne{tjon \f,ith singl€-family d,ryslling units shall bs limit€d lo stabilized subsurface base or p,astic gril stabilization system covered by
surface areas made of @ncrete, crusH stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for the
parting of aulomobil€s. The d€signated parking areb may not compise an area greator than tofty (40%) pe.c€nt of any required front
yard; which, nonetheless, may nol serve to limit a driveway to a width of less than twenty (20) feet. All parked automobiles shall ulilize
only tie designaled parking areas of the lot.:
Parking of commercial vshicles or commercial equipment in residential areas.
It shall bo unlaMul to park a comm€rcial vehicle or commercial equipment on any lot in a Residontial District unless one of
the following conditions exisls:
(s)
Exompted from this seclion are small commercial gquipment such as ladders and pip€s that cannot be contained in the
vehicle. Said equipment shall b€ limited to one ladder or one unit of pipe which does not exceed '12 inchss in diamoter per
commercial vehicle. Said equipment shall be secured alop the vehicle and shall not extend beyond the length, height or
width of the vehicle. :
Violation Statu3 - lnitial Repeat Recuning
DESCRIPTTON OF CONOmO S CONSTTTUTTNG THE VTOLATION{S).
Did Wrtnsss: Cars park€d in th€ grass and trailor with equipm€nt in tho drivoway
ORDER TO CORRECT VIOLATION(SI:
You are dlrected by this Notice to tak6 the followlng corrective action(s):
lnitial lnspection
1. Must limit designated parking lo stabilized subsurface base or plastic grid stabilization system covered by surface
areas made of @ncrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems speciric€lly designated for
parking of automobiles AND Must limit designated parking arsas to 4070 ot the required front yard or no less than a 20 foot
wids d veway.
2. Comply with all requirements of Code o, Laws 130-97 including commercial vehicle/equipment size, parking
location, screening, and ladder and pipe limitations. Store commercial vehicle(syequipment in rear yard and conceal from
view, OR Store commerdal vehicle(s)/equipment within a completely enclosed structure, OR Remove offending vehicle
(s/equipment from residentially zoned property.
Otl OR BEFORE: February 12,2021
Failure to conect violations may result in:
1) Mandatory nolice to appear or issuance of a citation that may result in fines up to 9500 and costs of
prosecution. OR
7.A.6.a
Packet Pg. 116 Attachment: CEV20210000837 Martinez (15307 : CEV20210000837 Martinez)
, 2) Code Enforcement Board review that may result in fines up to ll(XX) per day per violation, as long as the violation
remains, and costs of prosecution.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-?440 FAX: 239 252-2U3
Saylys
Case Number. CEV202i 00fi1837
Signature and Title of Recipient
Prinled Name of Recipient
Date
'Thla vblaOon may requirc addltionrl cofltpllanco and approyal from orOror dcpartmont which may be rcguired under local, stale and frderal
,tgulttlon , lndudlng, brrt not lhlt d to: rlglrtd*ry pcmdt bulldlng p.rmlt, d.molltlon of stnrcturt, Sllr Drvolopmrnt Pl.n. lnrubctantlal
Chengo to Etb thvllo9.tInt Phn,.nd Varbnc6 rlong urt$, p.yrnant of lmpactfoat, and any ntu or outrt nding fcce roquircd ior approval.
7.A.6.a
Packet Pg. 117 Attachment: CEV20210000837 Martinez (15307 : CEV20210000837 Martinez)
The Collier County Land Development Code, 2004-41, As Amended
4.05.03 - Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use
All automobile parking or storage of automobiles in connection with residential structures which are
located on property which is designated as Mixed Use Urban Residential on the Future Land Use Map
and which are zoned or used for residential uses, shall occur on specifically designed surfaces in a
speciflcally designated area of the lot upon which the residential structure is located. The parking and/or
storage of automobiles in connection with the residential dwelling units they are ancillary and accessory
to shall be regulated as follows:
A. Single-family dwelling units : Unless otherwise parked or stored in an enclosed structure ,
the parking or storing of automobiles in connection with single-family dwelling units shall be
limited to 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 the parking of automobiles. The designated parking area may not
comprise an area greater than forty (40olo) percent of any required front yard i which,
nonetheless, may not serve to limit a driveway to a width of less than twenty (20) feet. All
parked automobiles shall utilize only the designated parking areas of the lot .
7.A.6.a
Packet Pg. 118 Attachment: CEV20210000837 Martinez (15307 : CEV20210000837 Martinez)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15308) DOC ID: 15308
Updated: 3/16/2021 9:36 AM by Elena Gonzalez Page 1
CEV20200012234 Louis
CASE NO: CEV20200012234
OWNER: Jean W Louis
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. Inoperable vehicle missing tires.
FOLIO NO: 62201240005
PROPERTY 5384 Carolina AVE, Naples, FL 34113
ADDRESS:
7.A.7
Packet Pg. 119
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Off ice of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, PIaintiff,
Case: CEV20200012234
JEAN W LOUIS , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Unlicensed/lnoperable Vehicles 130-95
LOCATION OF VIOLATION: 5384 Carolina AVE, Naples, FL 341 13
SERVED: JEAN W LOUIS, Respondent
Jonathan Musse, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special [,4a9istrate at least five (5) business days prior to the date set for the hearing
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearang to
include emphasis on Section Eight relating to ihe appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEI\4ENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telep hone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodations lo participate in lhis proceeding,
should contact the Collier County Facilities Nlanagemenl Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34'112, or (239) 252-8380
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost lo the
individual.
NOTIFICACION: Esta audiencia sera conducda en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traduclor, para un mejor enlendimiento con las comLrnicaciones de esle evento. Por favor kaiga su propio traduclor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gjn moun pou fe lradiksyon. Si ou pa pald angld tanpri vini avek yon intdpret pou pal6 pou ou.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
7.A.7.a
Packet Pg. 120 Attachment: CEV20200012234 Louis (15308 : CEV20200012234 Louis)
Case Numb€r: CEV2020001223r1
Date: Novomber 24,2020
lnv6stigator; Jonathan Musse
Phone:239-877-8134
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VlOLATION
Owner: LOUIS, JEAN W
5384 CAROLINA AVE
NAPLES, FL 34113
Locatlon: 5384 Carolina AVE, Building, Naples
Unincorporalod Col ller County
zoning olst: Rsr{ Folio: 622012ro005
Property Legal Oescription: NAPLES lrAilOR EXT BLX { LOT I 1
NOrlCE
Pursuant to Collier County Consolldated Code Enlorcement Regulatlons, Collier County Code of Laws and Ordinances,
Chapter 2, Artlcle lX, you are notitied that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)
exists at the abovadescrlbad location.
Ordinance/Code: Storage and Use of Vehicle Control Ordinance. Code of Laws and Ordinances, Chapler 130. Article lll, Section
1 30-95
Limilations on parking, storage of vehrcles wilhout currenl kcense plates.
Vshicles ot trailers of any type that are not immediately operable, or used tor the purpose for which they were manutaclured wrthout mechanical or
dectri:al ropairs o, the replacement ot parts: ot do not meet the Florida Satety Code, or do not have current vahd license plates: or do not meet the
definition ol Recreatlonal Vehrcle sha,l not 5e parked or stored rn any Resrdent€l oistnct, including the E estates distrlcl. other than rn a cornpletely
enclosed building. Fo, the purpose ol tnrs sectaon. a hcense plate shall not be considered vahd unless rt rs both affixed to a vehicle or trailer in a fashion
authorized by Florida law and rs regisiered lo the vehrcle or trailer upon whEh it rs disglayed.
Vlolation Status - lnitial
DESCRTPTTON OF CONOTTTONS CONSTTTUTTNG rHE VTOLATTON(S).
Dld Wltness: lnoperable vehicle missing tires.
ORDER TO CORRECT VTOLATTON{S):
You ars directed by this Notice to take the following corrective action(s):
1. Must obtain and affix a current valid license plate to each vehicle/trailer not stored withrn the confines of a complelely
enclosed struciure, OR store sard vehrcle(s) withrn a completely enclosed structure, AND/OR Remove offending vehlcle(s)traile(s)
from residentially zoned area AND/ORMust repair defects so vehicle is immediately operable, OR store same within a completely
enclosed structure, OR remove offending vehicle(s)and/or trailer(s) from residentially zoned area. including Estates zoned property
ANDiOR Cease and desist sale and/or display of vehicle(s), equiprnent, and/or merchandise adjacent lo any public nght-of-way
ON OR BEFORE: December 14m, 2020
Fallure to correct vlolations may result in:
1) Mandatory notice lo appear or issuance of a c,tation that may result in fines up lo $500 and costs of
proseculion. oR
2) Code Entorcement Board revrew that may resul! in fines up to t1000 per day per violalron, as ,ong as the violation remains, and
costs of prosecution.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone:239 ?52-2440 FAXI 239 252-2343
Case 2231
Signature and Title of Recipient
Pnnted Name of Recrpient
Date
'Thl3 vlolstion m.y oqqiro addltlonal complianco and app.oval ttom olhor deps.lmnls whlch may b€ regulrrd under locat, star'.nd ,odgnl mgutailont, includlng,but nol limlltd to: dght-t*y trmit, bulldtng pamll, damolition ot structure, Slto D6voloFmert Plrn, lnsubihntlat changa to sttr Oayrlopmrnt plan, snd Vrriancjralon! r'lih, ,E!m^t o, imtrct tu. and .6y nr* or outllinding tos oqulnd ,gr 3I{rovrl.
S
7.A.7.a
Packet Pg. 121 Attachment: CEV20200012234 Louis (15308 : CEV20200012234 Louis)
The Collier County Code of Laws and Ordinances
Sec. 130-95. - Limitations on parking, storage of vehicles without current license plates.
Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which
they were manufactured without mechanical or eleclrical repairs or the replacement of parts; or do not
meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of
Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates
district, other than in a completely enclosed building. For the purpose of this section, a license plate shall
not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law
and is registered to the vehicle or trailer upon which it is displayed.
(Ord. No. 10-26, $ 5)
7.A.7.a
Packet Pg. 122 Attachment: CEV20200012234 Louis (15308 : CEV20200012234 Louis)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15309) DOC ID: 15309
Updated: 3/16/2021 9:43 AM by Elena Gonzalez Page 1
CEPM20210000243 Rowe
CASE NO: CEPM20210000243
OWNER: Sarah Kathryn B Rowe
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-231(12)(c) and 22-236. Vacant
structure with roof and truss support system that is dangerous
and falling into the structure.
FOLIO NO: 127880006
PROPERTY 331 N 15th ST, Unit #A, Immokalee, FL 34142
ADDRESS:
7.A.8
Packet Pg. 123
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: C8PM20210000243
VS
SARAH KATHRYN B ROWE , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collaer County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trait East Building F, Naptes, FL 34'112
VIOLATION: Roofs-Dwelling 22-231(12\(c) and 22-236
LOCATION OF VIOLATION: 33'l N 1sth ST, Unit # A, lmmokatee, FL 34142
SERVED: SARAH KATHRYN B ROWE, Respondent
John Connetta, lssuing Offlcer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special lvagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who Iequires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities N,lanagement Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Ftorida 34112, or (239) 252,8380,
as soon as possible, but no later than 48 hours before lhe scheduled event. Such reasonable accommodalions will be provided al no cost lo the
individual.
NOTIFICACION: Esta audiencia sera conduoda en el idioma lngles. SeNicios lhe traduccion no seran disponibles en ta audiencia y usted sera
responsable de proveer su plopio traductor, para un mejor entendimienlo con las comunicaciones de este evento. Por favor traiga su propao traductor
AVETISMAN: Tout odisyon yo fet an ange. Nou pan gin rnoun pou fd tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprdt pou pale pou-ou.
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
7.A.8.a
Packet Pg. 124 Attachment: CEPM20210000243 Rowe (15309 : CEPM20210000243 Rowe)
Case Numberi CEPM202'10000243
Date: January 13,2021
Investigator: John Conoetta
Phonet 2392522448
Owner: RO\IVE, SARAH KATHRYN B
PO BOX s 130
IMMOKALEE, FL 34143
Location: 331 N 1sth ST, Building, Unit#: A. lmmokalee
Uninco.poratod Collier County
Zonlng Dbt: RMF-6
Property Legal Description: 5 47 29 S 235.5FT OF N 806.5FTOFE661Ff OFNEl/4 OFNEl/4EXC50FTOFFESIDE +EXC
115FT X 115FT IN NE COR
Folio: 127880006
NOTICE
Pursuant to Collier County Consolidated Code Enlorcement Rogulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the lollowing Collier County Ordinance(s)
and or PUD Rggulation(s) exists at tho above-describ€d location.
Ordinancercode: Property Maintenance. Standards for repair or demolition of hazardous buildangs by the County. Collier
Counly Code of Laws and Ordinances, Chapte.22. Article Vl. Section 22-236
Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building
Regulations. Article Vl Property Maintenance Code . Section 22-231(12Xc)
'1 . lf the owne. fails to repair the hazardous condrtron wlthin thrdy {30) days of servrce of the notce that a hazardous condition exists or
within lifteen (15) days of the fina determination by the Code Enforcement Board or Specral Magislrate that a hazardous condiiion
exjsts, then the Housing Ofidal Shall. rn ordenng lhe reparrordemol ion of dange.ous bu ldrngs be gLrided bythefo|owing
a. Whether the rnterior walls or other vertical skucture membe.s list lean or buckle to the extent thal plumb line passing through rc
center of gravrty falls outside of the mrddle third of tsbase or
b Wrether the non-supporting, enclosrng or oulsrde walls o. covenng exclusive ot lhe foundation. evrdences 33% or grealer
damage to or deteriorationi or
C. lthethel a struclure exists in vrolalron of any provasion of tne Burtdrng Code Or any other ordrnance of the County
lf the building is unocc!pied and it is deemed that demolrtion rs nol feasrble the burldrng should be secured in accordance with the
seclion ofthis ordinance regulaling the boardrng cf vacant bu ldings or dwellings
12. Exteriorand interior structures of dwelling units All the followirg compone.t of a dwelling unitshall be maintained in
good condition. c. Roots. Roofs shall be majntained rn a safe manner and have no defects whlch might admit rain or
cause dampness in the wall or interior portion oi the building.
Violation Status - lnitial
DESCRTPTTON OF CON DtTtONS CONSTTTUTTNG THE V|OLAT|ON(S).
Did Wihoss: Vacant structure with Roof and Truss supporl system is dangerous and lalling into tie structuae.
ORDER TO CORRECT VIOLATION{SI:
You are diroctod by thB Notice to take the tollowing correctivs action(s):
lnitial lnspeclron Follow-up
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
1. Mustobtein all required pe rmrts. inspec;tions and certifcate of completions to effect. or cause, repair, rehabilitaton
and/or demolition of described unsafe buildtng/struclure/syslems
2 Must comply with any and all correclive action requirements noted on the Residential property maintenance
lnspeclion Report / Order to Correct
lnitial lnspeclion
7.A.8.a
Packet Pg. 125 Attachment: CEPM20210000243 Rowe (15309 : CEPM20210000243 Rowe)
ON OR BEFORE: Febrmry 13fi,2021
Failure to cor"ect viola6ons may result in:
'l ) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation. as long as the violation
ramains, and costs of prosecution.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
cEPm20210000243
Signature and Title of Recipient
Pnnted Name of Reciprent
Date
'Thb YbLdoo tnay rtqultt adclldonal contplLnco snd apprcval trom other dopartrnonE which may be requiod under local, stsb rnd fgderalnguLibt!,Incfudlng. but tlot lknltod to: righl-ol-way pormil, builellng permit domolttion of rtructurs, Stte Development pl.n, lnsubstantialChnqo to Slb oorbpmont Plirn, and Varilnccr .long with, p.ynxnt o, lmp.ct teot, .nd aoy new or outltanding too! requlrotl for approval.
7.A.8.a
Packet Pg. 126 Attachment: CEPM20210000243 Rowe (15309 : CEPM20210000243 Rowe)
COLLIER COUNTY CODE ENFORCEMENT
Roeidential Property Mainbnaace lnspection Report I Order to Correct
Code of Laws and Ordinances
Description
RepairlDemoiition Hazardous
Building
Roofs-Dwelling
Overall CommenE:
Corrective Action Required
1. lf the owner fails to repair the hazardous condition within thirty
(30) days of service of the notice that a hazardous condition
exists, or within fifteen (15) days of the final determination by the
Code Enforcement Board or Special Magistrate that a hazardous
condition exists, then the Housing Oificial shall. in ordering the
repair or demolition of dangerous buildings, be guided by the
following.
a. Whether the interior walls or other vertical structure
members list, lean or buckle to the extent that plumb line passing
through its center of gravity falls outside of the middle third of its
base; or
b. Whether the non-supporting, enclosing, or outside walls or
covering, exclusive of the foundation, evidences 33% or greater
damage to or deterioration; or
c. Wtrether a structure exists in violation of any provision of the
Building Code or any other ordinance of the County.
lf the build'ng is unoccupied and it is deemed that demolition is
not feasible, the building should be secured in accordance with
the section of this ordinance regulating the boarding of vacant
buildings or dwellings.
12. Exterior and interior structures of dwelling units All the
following component of a dwelling unit shall be maintained in
good condition. c. Roofs. Roofs shall be maintained in a safe
manner and have no defects which might adrnlt rain or cause
dampness in the wall or interior portion of the building.
Location33l N 1sth ST, Building, Unit#:A, hnmokalee
Date:January 13,2421
Case #CEPM2021 0000243
I nvesti gator: JohnCon netta
Pass Fail
XXX
XXX
7.A.8.a
Packet Pg. 127 Attachment: CEPM20210000243 Rowe (15309 : CEPM20210000243 Rowe)
The Collier County Code of Laws and Ordinances
Sec. 22-231. - Compliance with housing standards.
All dwellings units whether occupied or unoccupied, shall comply with the requirements of this
Section as hereinafter set forth:
12. EXTERIOR AND INTERIOR SIRUCIURES OF DWELLING UIV/IS - all the following
component of a dwelling unit shall be maintained in good condition.
c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might
admit rain or cause dampness in the wall or interior portion of the building.
lf the owner fails to repair the hazardous condition within thirty (30) days of service of the notice
that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code
Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing
Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the
following:
Whether the interior walls or other vertical structure members list, lean or buckle to the extent that
plumb line passing through its center of gravity falls outside of the middle third of its base; or
Whether the non-supporting, enclosing, or outside walls or covering, exclusive of the foundation,
evidences 33% or greater damage to or deterioration: or
Whether a structure exists in violation of any provision of the Building Code or any other ordinance
of the County-
lf the building is unoccupied and it is deemed that demolition is not feasible, the building should be
secured in accordance with the section of this ordinance regulating the boarding of vacant
buildings or dwellings.
(Ord. No.2010-02, S 12)
1
a
b
Sec.22-236. - Standards for the repair or demolition of hazardous
building by the County
c.
7.A.8.a
Packet Pg. 128 Attachment: CEPM20210000243 Rowe (15309 : CEPM20210000243 Rowe)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15311) DOC ID: 15311
Updated: 3/16/2021 9:46 AM by Elena Gonzalez Page 1
CENA20200006558 Campbell and Saunders
CASE NO: CENA20200006558
OWNER: Garland Campbell and Paul Saunders
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-179, 54-185(a) and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Weeds/grass in excess of 18 inches throughout the property.
Litter and/or prohibited outdoor storage including, but not
limited to, lumber, indoor furniture, and a plastic container.
FOLIO NO: 35741240000
PROPERTY 4572 22nd PL SW, Naples, FL 34116
ADDRESS:
7.A.9
Packet Pg. 129
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CENA20200006558
GARLAND CAMPBELL and PAUL SAUNDERS . Respondent(s)
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a pubiic hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE:
VIOLATION:
LOCATION OF VIOLATION:
SERVED:
3299 Tamiami Trail East Building F, Naples, FL 34112
Prohibited Use 54-179, 54-185(a) and 2.02.03
4572 22nd PL SW, Naples, FL 34116
GARLAND CAMPBELL and PAUL SAUNDERS, Respondenl
Bradley Holmes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34'104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communrcation or olher reasonable accommodations io participate in this proceeding,
should contact the Collier County Facilities N,,lanagemenl Divisron. localed at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252 8380,
as soon as possible, but no later than 48 houas before lhe scheduled event. Such reasonable accommodations will be provided at no cosl lo the
individual.
NOTICE OF HEARING
NOTIFICACIOI'I: Esta audiencia sera conducida en el idioma lngles Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un melor enlendimlento con las comunicaciones de esle evento. Por favor lraiga su propio traductor.
AVETISMAN: Toul odisyon yo fel an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa paE angB tanpri vini avdk yon intdpret pou pale pou,ou.
7.A.9.a
Packet Pg. 130 Attachment: CENA20200006558 Campbell and Saunders (15311 : CENA20200006558 Campbell and Saunders)
Case Number: CENA20200006558
Date: October 06, 2020
lnvestigator: Bradley Holmes
Phonet 239.877.8124
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: CAMPBELL, GARLAND PAUL SAUNDERS
4572 22ND PL SW
NAPLES, FL 34116
Location: 4572 22nd PL SW, Building, Naples
Unincorporated Collier County
Zoning Dist: RSF-3
Property Legal Description: GoLDEN GATE UNIT 2 BLK 17 LoT 5 OR 1036 PG 1633
Folio: 35741240000
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, collier county Code of
Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following
Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code:
Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of
Laws and Ordinances Chapter 54, Article Vl, Section 54-185(a)
a. The accumulation ofweeds, grass, or other similar non-protected overgroMh in excess of 18 inches in height is
hereby prohibited and declared to be a pubiic nuisance when located upon any mowable lot, and which lot has been
specifically described by legal description and which condition has been determined by the county administrator or
his designee to be a public nuisance pursuanl to this article. Such mowable lot is, or may reasonably be expected to
become, infested or inhabited by non-protected rodents, vermin or wild animals, or may furnish a breeding place for
mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause
disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding
property.
Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article Vl,
Section t4-179
The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned
property or litter as described in sections 54-179--54-184, in or upon public or private property, is hereby
declared to be a public nuisance.
The collier County Land Development Code,200441, As Amended, Section 2.02.03, Prohibited
Uses.
Any use or structure not specifically identified in a zoning district as a permitted use, conditional use or
accessory use shall be prohibited in such zoning district.
Violation Status - Recurring
DESCRIPTION OF CONDTTTONS CONSTTTUTTNG THE VTOLATTON(S).
Did Witness: Weeds/grass in excess of 't8 inches throughout the property. Litter and/or prohibited
outdoor storage including, but not limited to: Lumber, indoor furniture and a plastic container.
7.A.9.a
Packet Pg. 131 Attachment: CENA20200006558 Campbell and Saunders (15311 : CENA20200006558 Campbell and Saunders)
ORDER TO CORREGT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
1. Must mow or cause to mow all weeds, grass, or other similar non-protected overgrowth in excess of
eighteen (18) inches in height on this lot. I\4ust mow to a height of less than six (6) inches.
2. Must remove or cause to remove any unauthorized litter which is a public nuisance pursuant to this
section.
3. Cease the keeping of prohibited outdoor storage, which is not a permitted, accessory or conditional
use in this zoning district.
ON OR BEFORE: 1011612020
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX. 239 252-2343I nvestigator Sig natu re
Bradley Holmes
Case Number: CENA20200006558
Signature and Title of Recipient
Printed Name of Recipient
Date
"This violation may require additional compliance and approval from other departments which may be required under local,
state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site
Development Plan, lnsubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and
any new or outstanding fees required for approval.
7.A.9.a
Packet Pg. 132 Attachment: CENA20200006558 Campbell and Saunders (15311 : CENA20200006558 Campbell and Saunders)
The Collier County Code of Laws and Ordinances
Sec. 54-179. - Litter declared to be a public nuisance,
The Unauthorized Accumulation of Lltter or lmproper Storage of Litter or improper dumping of
Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is
hereby declared to be a public nuisance.
(Ord. No. 2005-44, g 5; Ord. No. 09-08, g 5)
Sec, 54-185. - Declaration of public nuisance.
(a) The accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen
(18) inches in height is hereby prohibited and declared to be a public nuisance when located upon
any Mowable Lot, and which lot has been specifically described by legal description and which
condition has been determined by the county Manager or his designee, to be a public nuisance
pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become,
infested or inhabited by nonprotected rodents, vermin or wild animals, or may furnish a breeding
place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably
be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic
welfare of adjacent or surrounding property.
(Ord. No. 2005-44, g I 1; Ord. No. 09-08, g 1 1)
The Collier County Land Development Code, 2OO4-4L, As Amended
2.O2.O3 - Prohibited Uses
Any use or structure not specifically identified in a zoning district as a permitted use, conditional
use , or accessory use shall be prohibited in such zoning district.
7.A.9.a
Packet Pg. 133 Attachment: CENA20200006558 Campbell and Saunders (15311 : CENA20200006558 Campbell and Saunders)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15315) DOC ID: 15315
Updated: 3/16/2021 9:48 AM by Elena Gonzalez Page 1
CEV20200013114 Rothermel
CASE NO: CEV20200013114
OWNER: Christopher Rothermel and Donna Rothermel
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-95. One unlicensed/inoperable truck
parked in the front of the property.
FOLIO NO: 38342600004
PROPERTY 5631 Dogwood WAY, Naples, FL 34116
ADDRESS:
7.A.10
Packet Pg. 134
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
vs.
Case: CEV20200013114
CHRISTOPHER ROTHERMEL and DONNA ROTHERMEL , Respondent(s)
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special l\ilagistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Bualding F, Naples, FL 34112
VIOLATION: Unlicensed/lnoperable Vehicles 130-95
LOCATION OF VIOLATION: 5631 Dogwood WAY, Naples, FL 34116
SERVED: CHRISTOPHER ROTHERMEL and DONNA ROTHERMEL, Respondenl
Bradley Holmes, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telep hone
Anyone who requires an auxiliary aid or service for effective communicalion, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities Management Division, located al 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380
as soon as possible, but no later than 48 hours before the scneduled event. Such reasonable accommodalions will be provided at no cost to lhe
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audjencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor traiga su propio traductor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gjn moun pou fe tradiksyon. Si ou pa pa16 angld tanpri vini avdk yon intepret pou pale pou-ou.
NOTICE OF HEARING
7.A.10.a
Packet Pg. 135 Attachment: CEV20200013114 Rothermel (15315 : CEV20200013114 Rothermel)
Case Number: CEV202000t31'14
Dale: January 13,2021
lnvestlgator: Bradley Holmes
Phone:239.877.8124
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: ROTHERMEL, CHRISTOPHER DONNA ROTHERMEL
5631 DOGWOOD WAY
NAPLES, FL 34116
Location: 5631 9ogwood WAY, Building, Naples
Unincorporated Collier County
Zoning Dist: E
P.operty Legal Osscription: GOLDEN GATE ESI UNIT 33 E 75FT OF W 150FT OF TR '1 19
Folio: 38342600004
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following
Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances,
chapter 130, Article lll, section 130-95
Limitations on parking, storage of vehicles without current license plates.
Vehicles or trailers of any type that are not rmmed:ately operable, or used for the purpose lor which they were
manufactured without mechanical or elecirical repairs or the replacement of parts; or do nol meet the Florida Safety
Code; or do not have current valid license plates: or do not meet the definition of Recreational Veh,cle shall nol be
pa*ed or slored in any Residential District, including the E estates districl, other than in a completely enclosed
building. For the purpose of this section. a lacense plate shall not be considered valid unless it is bolh affixed to a
vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which jt is
displayed.:
Violation Status - Recurring
DESCRTpTtON OF CONDTT|ONS CONSTITUTING THE VIOLATION(S).
Did Witness: 1 unlicensed,/inoperable truck parked in the front of the property.
OROER TO CORR CT VIOLATION(S}:
You are directed by this Notice to take the followlng corrective action(s):
1. Must obtaan and affix a current valid license plate to each vehicle/trailer not stored within the
conllnes of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed
structure, AND/OR Remove offending vehicle(s)traile(s) from residentially zoned area AND/OR Must
repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure,
OR remove offending vehicle(s)and/or traile(s) from residentially zoned area, including Estates zoned
property. AND/OR Cease and desist sale and/or display of vehicle(s), equipment, and/or merchandise
adjacent to any public right-of-way
7.A.10.a
Packet Pg. 136 Attachment: CEV20200013114 Rothermel (15315 : CEV20200013114 Rothermel)
ON OR BEFORE: 0112412021
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343I nvestigator Sig natu re
Bradley Holmes
Case Number: GEV202000131 14
Signature and Title of Recipient
Printed Name of Reciprent
Date
'This violation may requlre additional compliance and approval from other departments which may be requlred under local,
stat€ and federal regulations, including, but not limlted to: rightof-way permit, bulldlng permlt, demolltlon of structure, Site
Development Plan, lnsubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and
any new or outstandlng fses r€quired for approval.
7.A.10.a
Packet Pg. 137 Attachment: CEV20200013114 Rothermel (15315 : CEV20200013114 Rothermel)
The Collier County Code of Laws and Ordinances
Sec. 130-95. - Limitations on parking, storage of vehicles without current license plates.
Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which
they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not
meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of
Recrealional Vehicle shall not be parked or stored in any Residential District, including the E estates
district, other than in a completely enclosed building. For the purpose of this section, a license plate shall
not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law
and is registered to the vehicle or trailer upon which it is displayed.
(Ord. No. l0-26, g 5)
7.A.10.a
Packet Pg. 138 Attachment: CEV20200013114 Rothermel (15315 : CEV20200013114 Rothermel)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15317) DOC ID: 15317
Updated: 3/16/2021 9:51 AM by Elena Gonzalez Page 1
CENA20200011219 Rodriguez
CASE NO: CENA20200011219
OWNER: Camilo Rodriguez
OFFICER: Bradley Holmes
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Section 54-179 and Collier County Land
Development Code 04-41, as amended, Section 2.02.03. A
large accumulation of litter and/or prohibited outdoor storage
including, but not limited to, tires, lumber, ladders, buckets,
windows/glass, pipe(s) and metal.
FOLIO NO: 35754640008
PROPERTY 4364 20th AVE SW, Naples, Fl 34116
ADDRESS:
7.A.11
Packet Pg. 139
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY CO|llMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CENA2020001 1219
VS
CAMILO RODRIGUEZ, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Prohibited Use 54-'179 and 2.02.03
LOCATION OF VIOLATION: 4364 20th AVE SW, Naples, FL 34'l'16
SERVED: CAMILO RODRIGUEZ, Respondent
Bradley Holmes, lssuing Officer
RESPONOENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special lvlagistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to rhe appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239\ 252-2496 Telep hone
Anyone who requires an auxiliary aid or service for effeclive communication, oa olher reasonable accommodalions to participate in this proceeding,
should conlacl the Collier County Facilities lvlanagement Division, located al 3335 Tamiami Trail E., Suile 101, Naples, Florida 34112, or (23S) 252-8380.
as soon as possible, but no laler than 48 hours before the scheduled event. Such reasonab e accommodations will be provided at no cost to the
individual.
NOTIFICACION: Esta audiencia sela conduc da en el idioma lngles Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimrento con las comunicaciones de esle evento. Por favor lraiga su propio traduclor
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pate angE tanpri vini avek yon intdpret pou pate pou-ou.
7.A.11.a
Packet Pg. 140 Attachment: CENA20200011219 Rodriguez (15317 : CENA20200011219 Rodriguez)
Case Number: CENA2020001 1219
Date: October 28, 2020
lnvestigator: Bradley Holmes
Phone: 239.877 8124
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
owne.: RODRIGUEz, CAMILO
4364 2OTH AVE SW
NAPLES, Ft 34116
Location: 4364 20th AVE SW, Building, Naples
Unincorporated Collier County
Zoning Dist; RSF-3
Property Legal Oescription: GoLDEN GATE UNIT 2 BLK 32 LOT 8
Folio: 35754640008
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of
Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the tollowing
collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location.
Ordinance,/Code:
Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article Vl,
Section 54-179
The unauthorized accumulataon of litter or improper storage of Iitler or imp.oper dumping of abandoned property or
litter as described in sections 54-'179-54-184, in or upon public or private prope.ty, is hereby declared to be a public
nuisance.
The Collier County Land Development Code,2004-41, As Amended, Section 2.02.03, Prohibited
Uses.
Any use or structure not specifically identified in a zoning distrlct as a permitted use,conditional use, or
accessory use shall be prohibited in such zoning district. :
Violation Status - Recurring
oESCRtproN oF coNDtTtoNS coNsTtTUTtNG THE VTOLATTON(S).
Did Witness: A large accumulation of litter and/or prohibited outdoor storage including, but not
limited to: tires, lumber, ladders, buckets, windows/glass, pipe(s) and metal.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
'l Must remove or cause to remove any unauthorized litter which is a public nuisance pursuant to this
section.
2. Cease the keeping of prohibited outdoor storage on the property, which is not a permitted,
accessory, or conditional use in this zoning district.
7.A.11.a
Packet Pg. 141 Attachment: CENA20200011219 Rodriguez (15317 : CENA20200011219 Rodriguez)
ON OR BEFORE: 1110512020 - Case will be taken to a hearing regardless of abatement.
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as
the violation remains, and costs of prosecution.
lnvestigator Signature
Bradley Holmes
Case Number: CENA2020001 1219
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
Signature and Title of Recipient
Printed Name of Recipient
Date
*This violation may require additional compliance and approval from other departments which may be required under local,
state and federal regulations, lncluding, but not limlted to: right-of-way permit, building permit, demolition of structure, Site
Development Plan, lnsubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and
any new or outstanding fees requlred for approval.
7.A.11.a
Packet Pg. 142 Attachment: CENA20200011219 Rodriguez (15317 : CENA20200011219 Rodriguez)
The Collier County Code of Laws and Ordinances
Sec.54-179. - Litter declared to be a public nuisance.
The Unauthorized Accumulation of Litter or lmproper Storage of Litter or improper dumping of
Abandoned Property or Litter as described in this Ordinance, in or upon public or pravate property, is
hereby declared to be a public nuisance.
(Ord. No. 2005-44, g 5; Ord. No. 09-08, g 5)
The Collier County Land Development Code, 2004-41, As Amended
2.02.03 - Prohibited Uses
Any use or structure not specifically identifled in a zoning district as a permitted use, conditional
use , or accessory use shall be prohibited in such zoning district.
7.A.11.a
Packet Pg. 143 Attachment: CENA20200011219 Rodriguez (15317 : CENA20200011219 Rodriguez)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15318) DOC ID: 15318
Updated: 3/16/2021 9:53 AM by Elena Gonzalez Page 1
CEAU20200005905 Bayes
CASE NO: CEAU20200005905
OWNER: William Bayes
OFFICER: John Johnson
VIOLATIONS: Florida Building Code 6th Edition (2017) Building, Chapter 1
Scope and Administration, Part 2 Administration and
Enforcement, Section 105.1. A fence is being added to an
existing fence without the required permits.
FOLIO NO: 81270960009
PROPERTY 2595 Becca AVE, Unit #1, Naples, FL 34112
ADDRESS:
7.A.12
Packet Pg. 144
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CEAU20200005905
WILLIAIVI BAYES , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12
VIOLATION: Fence - Building Permit FBC 2017 105.1
LOCATION OF VIOLATION: 2595 Becca AVE, Unit # 1 , Naples, F|34112
SERVED: WILLIAM BAYES, Respondent
John Johnson, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities firanagement Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 341 12, ot (239) 252-A3A0,
as soon as possible, but no later lhan 48 hours before the scheduled event. Such reasonable accommodalions will be provided at no cost to the
indavidual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. SeNicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio lraductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor traiga su propio traductor
AVETISMANi Tout odisyon yo fet an angle. Nou pan gin moun pou fd tradiksyon. Si or.r pa pald angld tanpri vini avek yon intdpret pou pale pou-ou.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
7.A.12.a
Packet Pg. 145 Attachment: CEAU20200005905 Bayes (15318 : CEAU20200005905 Bayes)
Case Number: C EAU20200005905
Date: June 04, 2020
lnvestigator: John Johnson
Phone: 239-252-2601
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Orrner: BAYES, WLLIAM
2595 BECCA AVE
NAPLES. FL 34112
Unincorporated CollierCounty Location: 2595 Becca AVE, Unit 1, Naples
Zoning Dlst RMF€-BMUD-R1 Property Legal Description: REBECCA WEEKS LOTS 31 + 32
Follo: 81270960@9
NOTICE
Purcuant to Colller County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and
or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Florida Buildrng Code 6th Editron (2017) Euilding Chapter 1 Scope and Admrnrstration Part 2
Administration and Enforcement, Section 105 Permits, 105.1 Required
Any owner or authorized agent who intends to construct enlarge, alter, repair, move, demolish, or change the occupancy of a buildrng or
structure, or to erect. install, enlarge, alter, reparr. remove convert or replace any impact resrstant coverings electrica l. gas, mechanical or
plumbing systam. the installation of which is regulated by thrs code, orto cause any such work to be dcne, shall first make apphcatton to
the building official and obtarn the required permrt
Violation Status - lnitial
DESCRIPTION OF CONDTTTONS CONSTTTUTTNG THE VIOLATION(S).
Did Witness: I did witness a fence being added t an existing fence without the required permits
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s)
1 Must comply wilh all requirements pursuant to 0441, Section 5.03 02 AND / OR Must apply for and obtain all permits,
inspections, and certificates of completion/occupancy required for descrrbed struclure/rmprovements' AND / OR Must
remove said structurelimprovements, including materials from property and restore to a permitled state
ON OR BEFORE: 712J2020
FailurE to conect violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result rn fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr. Naples, FL 34104
Phone 239 252-2440 FAX:239 252-2343sig
John
Case Number: CEAU20200005905
Signature and Title of Recipient
Printed Name of Recrpient
Date
'This vi'olrtion mry rogulre addltlonll compliance and approyal frorn other departmonts which may be required undor local, stato and tedoralrog^ulations'includlng, bul not llmited to: right-or-vay permit, buildlng pormi! demolition ot 3tructure, bite oevetopment ptan, lnsubstanilat changeto Sito D'evglopment Plan, and Vari'nces along with, paymont ot lmpact leos, and any now or outslanding lees requirod for approval.
7.A.12.a
Packet Pg. 146 Attachment: CEAU20200005905 Bayes (15318 : CEAU20200005905 Bayes)
The 2017 Florida Building Code-Building, Sixth Edition
[A]105.'l Required.
Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or
change the occupancy of a building or structure, or to erect, install, enlarge, allet, repair, remove, convert
or replace any impact-resistant coverings, electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be performed, shall first make application
to lhe building officral and obtain the required permlt.
7.A.12.a
Packet Pg. 147 Attachment: CEAU20200005905 Bayes (15318 : CEAU20200005905 Bayes)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15319) DOC ID: 15319
Updated: 3/16/2021 10:00 AM by Elena Gonzalez Page 1
CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe
CASE NO: CELU20210000147
OWNER: Maddox & Partners LLC, Espen Schiefloe
OFFICER: John Johnson
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 1.04.01(A) and 2.02.03. A boat rental business being
conducted from this property without first obtaining a Business
Tax Receipt and all required Collier County approvals, permits,
inspections and Certificates of Completion/Occupancy.
FOLIO NO: 61835360006
PROPERTY 2891 Bayview DR, Naples, FL 34112
ADDRESS:
7.A.13
Packet Pg. 148
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVIISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CELU20210000147
VS
MADDOX & PARTNERS LLC, ESPEN SCHIEFLOE , Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE:
TIME:
PLACE:
VIOLATION:
LOCATION OF VIOLATION
SERVED:
04t02t2021
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
Land Use - Generally 1 .04.01(A) and 2.02.03
2891 Bayview DR, Naples, FL34112
MADDOx & PARTNERS LLC, ESPEN SCHIEFLOE, Respondent(s)
John Johnson, lssuing Officer
RESPONOENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered ifnot received bythe
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing
lT lS FURTHER AOVISED that Ordinance No C7-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relatlng to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary ard or service for effective communication or olher reasonable accommodations 1o participate in this proceeding,
should contact the Collier County Facililies I!4anagement Division, Iocated at 3335 Tamiami Trail E., Suite 101 Naples, Florida 341 12. or (239) 25r,8380,
as soon as possible, bul no later than 48 hours before the scheduled event. Such reasonable accommodations will be provjded al no cost to the
individual.
NOTIFICACION: Esta audiencia sera conducrda en el idioma lngles. Servicios the traduccion no seran disponibles en ta audiencia y usled sera
responsable de proveer su propio tradLrclor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor.
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprdt pou pal6 pou-ou.
7.A.13.a
Packet Pg. 149 Attachment: CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe (15319 : CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe)
Case Number: CELU202'! 0000147
Date: January 12,2021
lnvestigator: John Johnson
Phone: 23S398-4532
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
property Ownor: MADDOX & PARTNERS LLC Business Owner: ESPEN SCHIEFLOE, President
1350 JEWEL BOX AVE On the Pontoon Boat, lnc
NAPLES, FL 34102 1153 Alhambra Circle, Naples FL 34103
Unincorporated Collier County Location: 2891 Bayview DR, Commercial, Naples
Zoning Dbt: C4-BMUIW Folio:6'1835360006
Property Legal Descdption: N G + T C L F NO 2 11 5025 LOT42, LESSW 1170FT, LESS N 150FT LESS S 30FT, LESS E 25 FT
NOTICE
Pursuant to Collier County Conaolidated Code Enforcemgnt Regulations, Collier County Code of Laws and Ordinances,
Chapter 2, Article lX, you aro notifisd that a violation(s) of the following Collier County Ordinance{s) and or PUD
Regulation{a} exists at the abovedescribed location.
Ordinance/Code: The Collier County Land Development Code, 200441, As Amended, Section 2.02.03, Prohibited Uses
General Provisions. Land Use. Collier County Land Development Code 04{'l as amended, Section 1.04.01(A)
Any use or structure not specifically identified in a zoning districl as a permined use, conditional use, or accessory use shall be prohibited in
such zoning district.
A The provisions of this LDC shall apply to all land. property and development in the total unincorporated area of Collier County except as
expressly and specifically provrded othenivise in this LDC. No development shall be undertaken without pnor authorization pursuant to this
LDC. Speofically, no buildlng, strudure, land or water shall hereafter be developed. or occupied. and no building, structure, or part thereof
shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulatrons sel forth herein and for the
zoning distrid in which it is located
Violatlon Status - lnitial
DESCRTPTION OF CONDTTTONS CONSTITUTING THE VIOLATION(S).
Did lMtneee: A boat rental buEiness being conducted from this property without first obtaining a Business Tax
Receipt, and all required Collier County approvals, permits, inspections, and Certificates of CompletionlOccupancy.
ORDER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corective action(s)
Obtain a valid Business Tax Receipt, and all required Collier County approvals, permits. inspections, and Certificates of
Completion/Occupancy, or cease all operation of this business and remove all equipment associated with this business.
ON OR BEFORE: 02nU2A21 Note: This NOV supersedes the previous NOV servad on 11812021
Failure to corrsct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution OR
2) Code Enforcement Board review that may result in fines up to 51000 per day per violation, as long as the violation remains,
and costs of prosecution.
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone 239 252-2440 FAX: 239 252-2Y3
Qrl,* Qrlr,*r*
lnve#gator Sig({ature
John Johnson
Case Number: CELU2021q)00147 '*-2.. - **'--
Signaturc andTitie ot necipienl
Printed Name of Recipient
l- /) -)tt)/
\t c
-/ ,t \a-K"!,k4,,/j-- --f '
Date
'Thir violrtion may rcquio additioml compliance and approval frorn othor dopartments which mly be roquired undor locsl, 3t8te and ,Ddoral
regulationa, including, but not limibd to: right-of-way pormit, building pormit domolitlo. ot structuro, Site Development Plan, tmu*tantlal change to
Site Devdopment Ptan, and Variances along vyitlr, psymont of impact foes, and any n6w or outstanding f,ees rsquirsd for approval.
7.A.13.a
Packet Pg. 150 Attachment: CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe (15319 : CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe)
Case Number: CELU2021@001 47
Date: January 12,2021
lnvestigator: John Johnson
Phone: 239.3984532
COLLIER COUNTY CODE ENFORCETIENT
NOTICE OF VIOLATION
Property Owner: MADDOX & PARTNERS LLC Bueinees Owner: ESPEN SCHIEFLOE, President
1350 JEWEL BOX AVE On the Pontoon Boat, lnc.
NAPLES, FL U1O2 1 1 53 Alhambra Circle, Naples FL 341 03
Unincorpotated Collier County Location: 2891 Bayview DR, Commercral, Naples
Zoning D&et C4-BMUD-W Folio:61835360O06
Prpperty LsgalDeecription:NG+ TC LF NO2 11 5025 LOT42, LESSW1170FT, LESS N 150FT LESS S30FT. LESS E25FT
NOTICE
Pureuant to Colller County Consolldated Code Enforcement Regulations, Collier County Code of Laws and Ordinance8,
Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD
Ragu lation(e) exists at the abovedescribed location.
OrdinancelCode: The Collier County Land Development Code, 2004-41, As Amended, Section 2.02.03, Prohibited Uses.
General Provisions. Land Use. Collier County Land Development Code 044'l as amended, Section 1.04.01(A)
Any use or structure not specifically identilied in a zoning districl as a permitted use. conditional use, or accessory use shall be prohibited ln
such zoning distric{
A. The prwisions of this LDC shall apply to all land property and development in the total unincorporated area of Collier County except as
expressly and specifically provided otherwise in this LDC No development shall be undertaken without prior authorization pursuant to this
LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof
shall be erecled, reconstructed, moved, located, or structurally altered except in conformity with the regulattons set forth herein and for the
zoning district in whicfr it is located.:
Violation Status - lnitial
DESCRTPTTON OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: A boat rental businsss being conducted from this property without first obtaining a Business Tax
Receipt, and all required Collier County approvals, permits, inspections, and Certificates of Completionloccupancy.
ORDER TO CORRECT VIOI.ATION(S):
You arc dircctsd by this Notice to take the following corrective action(s):
Obtain a valid Business Tax Receipt, and all required Collier County approvals, permits, inspections, and Certificates of
CompletionlOccupancy, or cease all operation of this business and remove all equipment associated with this business.
ON OR BEFORE: 0il1U2021 Note; This NOV supersedee the previous NOV served on 11812021
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a crtation that may result in fines up to $500 and costs of
prosecution OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains,
and costs of prosecution.
SERVED BY.INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104Qrt* Q,t,..*
lnve4gator Srg[Giure
John Johnson
Case Number' G8LU202100@147
Phone: 239
Signature and Title
0 FAX: 239 252-2U3
L
Galrr \\
Printed Name of Recipient\ltt{t-\
Date
'Thir violation dr'y r"qulro ldditional complisnce and approval from orther departmonF which mry be required undor local, rtrte and fud.enlreguhionr' incl*ding' but not timitod to: right'of'wav p"rrii-urilains p"*n oJ,nLrigon of rtruciure, sittLr"oprent pran, ins;L;;uar chango tosite Developrnent Plan' and varilncet atoni witl, p"yrrnt or impaci&, ;d ";y new or outstanding faes required for approvar.
7.A.13.a
Packet Pg. 151 Attachment: CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe (15319 : CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe)
The Collier County Land Development Code, 2004-41, As Amended
1.04.01 - Generally
A. The provisions of this LDC shall apply to all land, property and development in the total
unincorporated area of Collier County except as expressly and specifically provided otherwise in this
LDC. No development shall be undertaken without prior authorization pursuant to this LDC.
Speciflcally, no building , structure , land or water shall hereafter be developed, or occupied, and no
building , structure , or part thereof shall be erected, reconstructed, moved, located, or structurally
altered except in conformity with the regulations set forth herein and for the zoning district in which it is
located.
2.02.O3 - Prohibited Uses
Any use or structure not specifically identified in a zonang district as a permitted use, conditional
use , or accessory use shall be prohibited an such zoning district.
7.A.13.a
Packet Pg. 152 Attachment: CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe (15319 : CELU20210000147 MADDOX & PARTNERS LLC, Schiefloe)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15333) DOC ID: 15333
Updated: 3/16/2021 3:04 PM by Elena Gonzalez Page 1
CEV20210000838 Bernal-Rios
CASE NO: CEV20210000838
OWNER: Nicolas Bernal-Rios
OFFICER: Saylys Coutin
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130,
Article III, Section 130-96(a). Boat parked in the front yard.
FOLIO NO: 36518160008
PROPERTY 4225 29th PL SW, Naples, FL 34116
ADDRESS:
7.A.14
Packet Pg. 153
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COI\iIM|SS|ONERS, Case: CEV202'10000838
COLLIER COUNTY, FLORIDA, Plaintiff,
VS
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples' FL 34112
VIOLATION: Recreational Vehicles 130-96(a)
LOCATION OF VIOLATION: 4225 29lh PL SW, Naples, FL 34116
SERVED: NICOLAS BERNAL-RIOS, Respondent
SaYIYS Coutin, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
pLEASE TAKE FURTHER NOTTCE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aic, or service for effective communicalion, or other reasonable accommodations to participate in this proc€eding,
should contact the Collier County Facilities lvlanagement Division, located al3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, bul no later lhan 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost 10 the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
aesponsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de este evento. PoI favor traiga su propio traduclor.
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angle bnpri vini avdk yon inteprel pou pal6 pou-ou.
NICOLAS BERNAL-RlOS, Respondent(s)
7.A.14.a
Packet Pg. 154 Attachment: CEV20210000838 Bernal-Rios (15333 : CEV20210000838 Bernal-Rios)
Csro Number: CEV20210000838
olto: J.nurry 29, 2021
lnva.tigato.: Saylys Coutin
Phono: 23$.877-8126
COLLIER COUNTY COOE ENFORCEUET'IT
NOTICE OF VIOI-ATION
Owner: BERNAL-RIOS, NICOLAS
4225 29TH PL SW
NAPLES, FL 34116
Locatlon: 4225 29th PL SW, Single Family, Naples
Unlncotpo6t d Colll.I Couttty
Zonlng Dhi: RSF-3
Pror.rt, lrC.l D..ctlpdonr GOLDEN GATE UNIT I PART 1 BLK 278 LOT 28
Follor 36518160008
NorcE
pursurnt lo Colllor County Conrolldabd Code Enforcorront R.gulatlonr, Colller County Code of LawB snd
Ordlnlnc.r, Chrpt r 2, Artcto tX, you aro notili.d thlt a vlola0on(s) of the ,ollowlng Collbr County Ordlnanco(s)
rnd or PUD RaguLton(a) arlti. .l th. abovrda.crlb.d locatlon.
mlnrnc.rcodo: Sbrag6 and Us€ of Vshicl€ Contol Ordinanc€, Code ol Laws and Ordinancss, Chaptsr 130, Artid€ lll.
S€ction 13G96(a)
Limitation on th6 parking, storeg6 or uso of recreational vehidos.
(a)
ilo Rocro8tional Vehid€ shall be usod tor living, sleeplng, or housekeeping purposss when pariod or stored o.! a lot in I Residentisl
District, or any locstion not approved for sucfi use. ln Residential Distsiq{s permitting single'family homes or mobils homes, a
n*"etb*t V"hkle n 8y Ue ia*eO or storea onry in a Isar ysrd, or in a compleioly enclos€d buildirg, or in a csrporl, or on davits or
cradles adiacant to watenrvays on resitentialy zon€d yop€rty: pmvirod, hoisver, that sucfi Rocr€atbnal Vohid€ m8y b€ parked
anywhere Ln residontiel prsmisos, oth€r than on county rights-ol-wey or rtlhl-of-way oasements fo, a period not to exce€d six hours
witirin a time psriod ot sevsn days for loading and unloading, and/or daaning prior lo or 8fi€r a tip. For the purpose of this ssction. the
rear yard tor a comor lot shall be considorod to bs that portioo of th€ lot opposite the street with ths least frontaga. For through lots, the
rear yard shall be considered to b€ U,lat portion ol the lot lying b€tween the rear elsvation (by design) ol the residence and ths street. :
VloLtlon Status - lnitial Repeat Recuning
oEscRtPT()x oF co Dmors coiasnTuTlt{G THE VIOLAnOX(S).
Dld Uvltn r!: Bo.t Paitod ln trofit Ya:d
ORDER TO CORRECT VIOI.ATIOI{(SI:
You 87o dlr.ctod by tlrls t{otlco to t ko tha followlng cortrctlvo ac-tion(i):
1 . Comply with all rGquirements of Code of Laws 130-96(a). Must relocate boat to an enclosed structure, rear yard,
adlacent io waterway (as P€rmitted), OR Remove ofionding boat ftom area zoned rosidential
Ot{ OR BEFORE: Fcbruary t2, 2021
Fallura to cortoc-t vaolttlont mly trsult ln:
1) Msndatory notico to appoar or issuance of a citstion that may rssult in ines up to 1500 and costs of
prosaajtion. OR
l) Code Enfor"emenl Board rovi€w that may r€sult in fin€s up to llo0o per day per violation, as long as the violation
remains, and costs of prosecution
SERV BY INQUIRIES AND COMMENTS SHOULO BE
DIRECTED TO COOE ENFORCEMENT
2800 North Hors€sho€ Dr, Naplss, FL 34104
P|,ons: 239 252-2440 FAx:239 252-2343
t,
sig
Saylys utin
case Number CEV202l0qXrE38
Signaluro and Title of Recipient
7.A.14.a
Packet Pg. 155 Attachment: CEV20210000838 Bernal-Rios (15333 : CEV20210000838 Bernal-Rios)
Printed Name of ReciPient
Date
,Thb vlolatlon may rcqulre addld,onsl compll*co end approval from olhor depsrtms*s whlch may bo rcgulttd under local, stato and foderal
rogul.ilons, includlng,-but not llmltod to: rfuil-of-way pomlt, bulldlng pormtt domolitlon of structurr, tiite llevelopm€nt Plan, lnrubstantlal
Chinge to Stte Oevet6pmont plan, and Varlinceg aloni wttl, payment ol lmpacl her. and any now or ouBtandlng feee rsgulrod ror approval.
7.A.14.a
Packet Pg. 156 Attachment: CEV20210000838 Bernal-Rios (15333 : CEV20210000838 Bernal-Rios)
The Collier County Code of Laws and Ordinances
Sec. 130-96. - Limitation on the parking, storage or use of recreational vehicles.
(a) No Recreational Vehicle shall be used for living, sleeping, or housekeeping purposes when parked
or stored on a lot in a Residential District, or any locat,on not approved for such use. ln Residential
Districts permitting single-family homes or mobile homes, a Recreational Vehicle may be parked or
stored only in a rear yard, or in a completely enclosed building, or in a carport, or on davits or cradles
adjacent to wateMays on residentially zoned propertyi provided, however, that such Recreational
Vehicle may be parked anywhere on residential premises, other than on county rights-of-way or
rightof-way easements for a period not to exceed six hours within a time period of seven days for
loading and unloading, and/or cleaning prior to or after a trip. For the purpose of this section, the rear
yard for a corner lot shall be considered to be that portion of the lot opposite the street with the least
frontage. For through lots, the rear yard shall be considered to be that portion of the lot lying between
the rear elevation (by design) of the residence and the street.
(Ord. No. l0-26, I 6)
7.A.14.a
Packet Pg. 157 Attachment: CEV20210000838 Bernal-Rios (15333 : CEV20210000838 Bernal-Rios)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15334) DOC ID: 15334
Updated: 3/16/2021 3:11 PM by Elena Gonzalez Page 1
CESD20200010021 Rangel
CASE NO: CESD20200010021
OWNER: Daniela Rangel
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Installation
of new windows without required Collier County building
permit.
FOLIO NO: 36320120003
PROPERTY 5496 27th PL SW, Naples, FL 34116
ADDRESS:
7.A.15
Packet Pg. 158
CODE ENFORCEMENT - COLLIER COUNTY' FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS, Case: CESD20200010021
COLLIER COUNw, FLORIDA, Plaintiff,
DANIELA RANGEL, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 04102120?1
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: lmprovement Prior to Building Permit 10.02.06(8)(1Xa) and 10.02.06(8)(1)(e)
LOCATION OF VIOLATION: 5496 27lh PL SW, Naples, FL 34'1'16
SERVED: DANIELA RANGEL, Respondent
Delicia Pulse, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
pLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communic€tion, or other reasonable accommodations to participate in lhis proceeding,
should contacl the Collier County Facilities Management Division, localed at 3335 Tamiami Trail E., Suite 10'1, Naples, Florida 34112, or (239) 252-8380
as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost 10 the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio traductor
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pal6 pou-ou.
VS.
7.A.15.a
Packet Pg. 159 Attachment: CESD20200010021 Rangel (15334 : CESD20200010021 Rangel)
Caso Numbor: cESD202O0O!0021
O.ts: S€ptomber 18, 2020
lnve3tigator: Oelioa Pulse
Phtona:2392522481
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
olfln.r: RANGEL, OANIELA
5496 27TH PL SW
NAPLES. FL 34116
Loc.tion: 5496 27th PL SW Building, Naples Zonlng Ol3t RSF-3 Proporty l,.g.l Oo.criPtlon: GOLOEN GATE UNIT 6 BLK
22O LO-l 1 Follo; 3632012mO3
regulations..
Viol.tion St tus -Repeat Recurring
DESCRTPTTON OF CONDIT|ONS CONSTITUTING THE VIOLATIO (S).
Dld tuftn.E : ln.t lllng now windo*! with out rrquiEd Colllor County bulldlng p.rmh.
NOTICE
pur.u.nt to Collior County Coniolidet d Codo Earorcem.nt Rogulations, Collior County Codo of Le*a and
Ordin.nco., Ch.pter 2, Article lX, you .r. notmed th.t a violation(s) of tho lollowing Collior County Ordinanca(s)
and o. PUD Rogul.tion(.) oxi.ts at tho .bove.do3crlbsd location.
OrdinencelCodl: Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required)
Collier County land Oevelopment Code 04-41, as amended, Seclion 10.02 06(B)(1Xa) and
Section 10.02.06(BX1 )(e)
The County Manager or hjs desrgnee shall be responsible tor detemrning whether applications for building or land alteralion permits, as
required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land
atteratlon iermit shall be rssued wthout written approval that plans submitted conform to applicable zoning regulations. and other land
development rogulations Fo, purposes ol this section a land alteraton permil shall mean any wltlen authorizaion to alter land and for
whrch a building permit may not be required Examples include but are not limited to clearing and excavaton permits, site development
ptan approvals. agriculturai clganng pemits, and blastng permits No buildrng or struciure shall be erec'ted, moved, added to. altered,
utitized or allorred to exist and/or no land alteration shall be permrtted wtthout first obtaining the authorEation of the required permrt(s),
rnsoedions and canificate(s) ot occupanry as required by th€ Collier County Building Code or thrs Code
lmprovement of groperty prohibitsd pnor to issuance of building permit. No site work, removal of protecled vegetation,
grading, improvoment of property or construclion of any typ€ may b€ crmmenced prior to the issuance of a building permit
where the development proposed requires a building permit under this Land development Code or other applicable counly
ORDER TO CORRECT VIOLATION(S}:
You aro dlFctod by thls Notlce to take the following cortoctivo action(t):
1 . Must obtain all required Colliar County Building Permit(s) or Demolition p€rmit(s) and requ€st all inspeclions through
Certifcate of Completion/Occup3ncf for described structurc/ alteration.
2. Must be in compliance with allCollier County Codes and Ordinanc€s. Apply for and obtain all permits required for
d$crib€d struclure/imprcvements: OR remove said structur€/amprovemonts, including materials from Propedy and
restore lo a permitted state AND / OR Must cease all improvement activities until such time that any and all requrred
p€rmits are obtained from Growth Managoment.
Otl OR BEFORE: Gob.r 17, 2020
FriluE to corrcct violadon! may rrlult in:
1) Mand€tory notice to app€ar or issuance of a cilation lhat may result in fines up to 3500 and costs ot
pros€cution. OR
2) Code Enbrcement Board raviow thal may result in foas up to 31000 per day per violation, as long as the violation
remains, and costs of prosocution.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Hoceshoe Dr Naples, FL 34'104
lnitial
SERVED
7.A.15.a
Packet Pg. 160 Attachment: CESD20200010021 Rangel (15334 : CESD20200010021 Rangel)
lnvestigator Signature
Delicia Pulse
Case Number CESD202tXl0l(l2l
239 252-2440
L P
'Thlr vlolrt*on may roqulre eddltlonel complirnce and approval from drr deprrtrlent3 wttlch may be rcqulred under local, rtrte and fedcral
reguhtioc, incltding, b.,t not limlhd b: rightdryay po,rmit bulldlng pcrmlt, demolluoo oil ttruc{ure, S}te Development Pl.n, lntubctrnthl
Ch.ngD b Slb Dwelopornt Phn, end Varlrncea .loog xd$\ peyrrnt o[ imprct feee, and any ner or outrtendlng ioea mgulod ior approval.
7.A.15.a
Packet Pg. 161 Attachment: CESD20200010021 Rangel (15334 : CESD20200010021 Rangel)
The Collier County Land Development Code, 2004-4l,As Amended
10.02.06 - Requirements for Permits
B. Building Permit or Land Alteration Permit.
1. Building or land alteration permit and certificate of occupancy compliance process
a Zoning action on building or land alterotion permits. The County Manager or his designee
shall be responsible for determining whether applications for building or land alteration
permits, as required by the Collier County Building code or this Code are in accord with
the requirements of this Code, and no building or land alteration permit shall be issued
without written approval that plans submitted conform to applicable zoning regulations,
and other land development regulations. For purposes of this section a land alteration
permit shall mean any written authorization to alter land and for which a building permit
may not be required. Examples include but are not limited to clearing and excavation
permits, site development plan approvals, agricultural clearing permits, and blasting
permits. No building or structure shall be erected, moved, added to, altered , utilized or
allowed to exist and/or no land alteration shall be permitted without first obtaining the
authorization of the required permit(s), inspections and certificate(s) of occupancy as
required by the Collier County Building Code or this Code and no building or land
alteration permit application shall be approved by the County Manager or his designee for
the erection, moving, addition to, or alteration of any building , structure , or land except
in conformity with the provisions of this Code unless he shall receive a written order from
the Board of Zoning Appeals in the form of an administrative review of the interpretation,
or variances as provided by this Code, or unless he shall receive a written order from a
court or tribunal of competent jurisdiction.
Improvement of property prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of any
type may be commenced prior to the issuance of a building permit where the development
proposed requires a building permit under this Land development Code or other
applicable county regulations. Exceptions to this requirement may be granted by the
County Manager or his designee for an approved subdivision or site development plan to
provide for distribution of fill excavated on-site or to permit construction of an approved
water management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal
of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 3 and 10.
e
7.A.15.a
Packet Pg. 162 Attachment: CESD20200010021 Rangel (15334 : CESD20200010021 Rangel)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15347) DOC ID: 15347
Updated: 3/22/2021 12:47 PM by Elena Gonzalez Page 1
CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK
LLC
CASE NO: CEN20210002604
OWNER: NAPLES 2.0 LLC, CELEBRATION PARK LLC
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article IV, Section 54-92(b)(1). Conducted a noise reading,
with the use of a calibrated Sound Level Meter, and the
allowable Sound Level Limit was exceeded on improved
occupied commercial property.
FOLIO NO: 29830040004
PROPERTY 2880 Becca AVE, Naples, FL 34112
ADDRESS:
7.A.16
Packet Pg. 163
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDT
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
Case: CEN20210002604
NAPLES 2,0 LLC , Respondent(s)
Ode & Sons Corp. & Rebecca J. Maddox, Registered Agent
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collaer County Ordinance No
0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE:
TIME:
PLACE:
VIOLATION:
LOCATION OF VIOLATION
SERVED:
04t02t2021
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 341 12
Noise - Decibel 54-92(bxl )
2880 Becca AVE, Other Structure, Naples
NAPLES 2.0 LLC, Respondent
Ode & Sons Corp. & Rebecca J. Maddox, Registered Agent
Steven Lopez-Silvero, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and _ copies.
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Colleen Davidson
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2400 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or olher reasonable accommodalions to participate in this proceeding,
should contacl the collier County Facilities Management Division, located at 3335 Tamiami Trait E., suite 1Ot, Naptei, rroiioi s+t rz, or lzsg) 25-2-83s0,as soon as possible, bul no laler lhan 48 hours before the scheduled evenl. such reasonable accommodations wiil be provided al no cosl to theindividual.
NoTlFlGAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibtes en la audiencia y usted seraresponsable de proveer su propio traductor, para un mejor enleidimiento con las comunicaciones de esle evento. por favortrarga su propio lraduclor.
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fd tradiksyon. si ou pa pal6 angle tanpri vini avek yon inteprei pou pal6 pou-ou.
7.A.16.a
Packet Pg. 164 Attachment: CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK LLC (15347 : CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK
Case Number t ce*zozto}-026^f;
I n ves ti s ato r: i-i!-at""l*i m:Phone: 23!
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
ProPerU Owner: NAPLES 2'0 LLC
2055 TRADE CENTER WAY
NAPLES, FL 34109
BusinESS OWNET: CELEBRATION PARK LLC.
1350 JEWEL BOX AVENUE
NAPLES, FL 34102
Registered Agents: ODE & SONS CORP. & REBECCA J' MADDOX
1350 JEWEL BOX AVENUE
NAPLES, FL34102
Location: 2880 Becca AVE, Other Structure, Naples
UnincorPorated Collier CountY
Zoning Dist: C-4-BMUD-NC
ii"p"iy Legal Description: DEMERE LANDING LOTS 1 - 5
Folio: 29830040004
I
NOTICE
pursuant to Collier County Consolidated Code Enforcemint Regulations-, -Collier County-Code oJ Laws and
ordinances, chapter 2, Article lX, you "r" notiii"o fit"t l violation{s-) of the following collier Gounty ordinance(s)
and or PUD Regulation{s} exists at the above-described location.
ordinance/code: sound Levels. collier county code of Laws chapter 54 Environment, Article lV Noise, Section 54-92
Maximum permissible,iound and vibration levets by zoning classifieation or use occupanc!:r(1) No aound shall violate
anv sound standard provision of this article (Table 1) :
Violation Status - Recurring
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
;id;il";"; -c;;dr"rrd
a noise. reading, with the us.e 91 1c,aflnrale! sound Level Meter, and thB alloxable
,,,
Sound Level Limit was exceeded on improved occupied cornmercial property.
You are to the following corrective action(s):
Must towrer dEcibel$pund=l?v.eJ$ to be in aocordance with sound levels and time constraints pursuant to Table 1 of
CorllffiuntyCoOe of Laws 54-92(bX1)
ON OR BEFORE: lmmediatelY
may result in:Failure to correct violations
1) Mandatory notice to aPPear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement
remains, and costs of
. SERVEDBY:
that may result in fines uP to $1000 per day per violation, as long as the violation
.:.
lnvestigator Signature | ,
INQUIRIES AND COMMENTS SHOULD BE
ii. DIRECTED TO CODE ENTORCEMENT
2800 North Horseshoe Dr. Naples, FL 34104
Phone: 239 252-2440 FAX. 239 252-2343
by
7.A.16.a
Packet Pg. 165 Attachment: CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK LLC (15347 : CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK
Steven LoPez-Silvero
Case Number: CEN20210002604
,{Lt"
Ll
of Reci
ame Reci
Date
.This violation may require additlonal-compliance and approval from othar departrnents which may. be required under local' state and federal
ragurations, incruding, but not_ ramited to: rtgndf-way p"-*it, ouiraing periii;;;;,itd of struiture' siite Development Plan' lnsubstantial '
cnange to site oeveiS'p;:#il;; il#;;:';ffi,', frl';:;;il;Hiriil'il&i"J"l "no "nv
new or outstand'ns rees required ror approvar'
7.A.16.a
Packet Pg. 166 Attachment: CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK LLC (15347 : CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK
Collier County Code of Laws Chapter 54 Environment Article lV Noise, Section 54-92
(b) Maximum Permissible Sound Levels by Zoning Classification or Use Occupancy.
(1) No person shall operate, or cause or suffer to be operated any source of sound from any use occupancy in such
a manner as to create a Sound Level, after applicable character of sound adjustments, if any, which exceeds the
limits set forth for the use occupancy category in Table l. No Sound tested by a Sound Level Meter shall be
deemed to be in violation of this Ordinance unless the offending Sound exceeds the Sound Level limits in Table
l, and also exceeds the then existing Ambient Sound Level by at least five (5) dB(A) or five (5) dB(C), at the sound-
affected site or unit. Sounds that are tested shall be measured at or within the property boundary of the sound-
affected site or unit from which the complaint originated. ln order to file a complaint, the complainant must provide
his/her name, address and phone number. The test equipment should normally be at a distance greater than fifty
(50) feet from the sound source unless there is a valid reason for measuring at a closer distance. A "valid reason"
exists where land use, location, zoning, physical barriers, and/or acoustical impediments adversely affect the
accuracy of sound measurements. Measurements shall be made in accordance with the latest revision of ANSI
Standard 51.13, "Measurement of Sound Pressure Levels in Ai/'. Test equipment shall be placed at a height at
least three (3) feet above the ground and at least four and one-halt (4%) feet away from walls, barriers,
obstructions and any other sound-reflecting surfaces that might affect the measured Sound Level(s). Microphone
wind screens shall be used when appropriate. The measured Sound Levels used for comparison with the Table I
Sound Level limits shall be the equivalent A-weighted Sound Level and equivalent C-weighted Sound Level
measured over a minimum duration of sixty (60) seconds, after correction for the applicable A-weighted or C-
weighted Ambient Sound Level. No person shall hinder, obstruct, delay, resist, prevent in any way, interfere with,
or attempt to interfere with any authorized person while he or she is in the performance of duties pursuant to this
Ordinance. The Board, by resolution(s), after public hearing thereon, may make, adopt, amend and repeal rules
and administrative orders to implement, administer and enforce this Ordinance.
TABLE I
Zoning/Use at the location of the Sound-affected Site or Unit Time of Day or Night* Sound Level Limits
dB(A)dB(c)
7:00 a.m. to 10:00 p.m.72
Residentia I
After L0:00 p.m. to 7:00 a.m.67
7:00 a.m. to 10:00 p.m.77
Commercial or tourist
After L0:00 p.m. to 7:00 a.m 72
Manufacturing or industrial At alltimes 87
Agricultural 87
60
55
65
60
75
75At all times
* All times are the current local standard or daylight savings time in effect during the test, as applicable.
7.A.16.a
Packet Pg. 167 Attachment: CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK LLC (15347 : CEN20210002604 NAPLES 2.0 LLC, CELEBRATION PARK
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15350) DOC ID: 15350
Updated: 3/19/2021 11:49 AM by Elena Gonzalez Page 1
CEPM20210000461 Wolff Revocable Trust
CASE NO: CEPM20210000461
OWNER: Cheryl Lynn Wolff Revocable Trust
OFFICER: Thomas Pitura
VIOLATIONS: Florida Building Code 7th Edition (2020), Building, Chapter 4,
Section 454.2.17. Swimming pool without a protective barrier.
FOLIO NO: 32432401368
PROPERTY 7738 Mulberry LN, Naples, FL 34114
ADDRESS:
7.A.17
Packet Pg. 168
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CEPM20210000461
VS
CHERYL LYNN WOLFF REVOCABLE TRUST, ReSpONdENt(S)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and '162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Swimming Pool Barrier - Residential FBC 2020 454.2.17
LOCATION OF VIOLATION: 7738 Mulberry LN, Naples, FL34114
SERVED: CHERYL LYNN WOLFF REVOCABLE TRUST, Responden
Thomas Pitura, lssuing Officer
RESPONDENTS ARE REQUIREO TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Offace of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relatang to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effeclive communicalion, or other reasonable accommodalions to participate in this proceedjng,
should contacl the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later lhan 48 hours before the scheduled evenl. Such reasonable accommodations will be provided at no cost 10 the
individual.
NOTIFICACION: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un melor entendimiento con las comunicaciones de esle evento. Por favor lraiga su propio traductor.
AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angld tanpri vini avek yon intdpret pou patd pou ou.
7.A.17.a
Packet Pg. 169 Attachment: CEPM20210000461 Wolff Revocable Trust (15350 : CEPM20210000461 Wolff Revocable Trust)
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VIOLATION
Owner; CHERYL LYNN WOLFF REV TRUST
7738 MULBERRY LN
NAPLES, IL 34,114
Location:7738 Mulberry LN, Building, Naples
Unincorporated Collier County
Zoning Oist: PUD Folio: 32432401358
Prope.ty Legal Description: FIODLER'S CREEK PHASE 1B UNIT TWO BLOCK A LOT 20
NOTICE
Pursua.t to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Odinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the above{escribed location.
Ordinance/Code: Florida Building Code 7th Edition (2020) Building. Chapter 4 Special deta led requrrements based on
use and occupancy, Section 454 Swimming pools and bathing places 454.2 20 Residential swimmrng barrier requirement
Resrdent,a' swimm.ng pools shallcomply with Sections 454.2.17.1 through 454 2 17 3
Violation Status - lnitial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S)
Did Witness: Swimming pool without a protective bar.ier
OROER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corrective action(s):
Must erect, flx, or repair an approved pool barrier to avoid safety concerns AND / OR Must apply for and oblain applicable
permits for a permanent pooi enclosure and/or protective barrier and follow through to certificate of completion.
Case Number: CEPM2021 0000451
Date: January 28,2021
lnvestigator: Thomas Pitura
Phoner 239-877-81'18
ON OR BEFORE: 02-28-2021
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may resutt in f,nes up to g5OO and costs of
prosecution. OR
2) Code Enforcement Board review that may result in flnes up to $1000 per day per violation, as long as the viotation
remains, and costs of prosecution.
SERVED BY
TVznao Pr*-2,
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples. FL 34104
Phone . 239 252-2440 F AX: 239 252-2343
Signature and Title of Recipient
Printed Name of Recipient
Date
lnvestigator Signature
Thomas Pitura
Case Number: CEPM20210000461
'lhis violation may .equire additional cornplianc-o and approvaltrom othor dopanmen6 which may be required under locat, stale and toderalrogulalions, includlng, bul not limitod lo: right-ol-way pormit. buttding pormii, demolition or st.u"ti,e, sit] o"r"rop-,i"niliin, rn"uu"tunti"r
7.A.17.a
Packet Pg. 170 Attachment: CEPM20210000461 Wolff Revocable Trust (15350 : CEPM20210000461 Wolff Revocable Trust)
Ordinance/Code: 2020 Florida Building Code, Building, 7th Edition,
Chapter 4, Section 454.2.17 Residential Swimming Barrier Requirement
45 4.2.17 Residential swimming barrier
requirement.
Residential swimming pools shall comply with Sections 454.2.17.1 through 454.2.17.3.
7.A.17.a
Packet Pg. 171 Attachment: CEPM20210000461 Wolff Revocable Trust (15350 : CEPM20210000461 Wolff Revocable Trust)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15351) DOC ID: 15351
Updated: 3/22/2021 8:42 AM by Elena Gonzalez Page 1
CEA20200012843 Ruiz, Rodriguez and Duenas
CASE NO: CEA20200012843
OWNER: Mario Antonio Gutierrez Ruiz, Karla Maria Melara
Rodriguez, and Sergio Canu Duenas
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code 04-41, as amended,
Section 2.03.02(A)(1)(d). Keeping chickens on the property.
FOLIO NO: 60782760006
PROPERTY 5308 Cypress LN, Naples, FL 34113
ADDRESS:
7.A.18
Packet Pg. 172
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS, Case: cEA20200012843
COLLIER COUNTY, FLORIDA, PIaintiff,
VS,
lVlARlO ANTONIO GUTIERREZ RUIZ, KARLA MARIA MELARA RODRIGUEZ and SERGIO CANU DUENAS
Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special lvlagistrate on
the following date, time, and place for the violation below:
DATE:04102t2021
TIME:09:00 AM
PLACE:3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:Prohibited Animals RSF-1 to RSF-6 2.03.02(A)(1)(d)
LOCATION OF VIOLATION: 5308 Cypress LN, Naples, FL 341 13
SERVED: MARIO ANTONIO GUTIERREZ RUIZ, KARLA MARIA MELARA RODRIGUEZ and
SERGIO CANU DUENAS, Respondent
Virginie Giguere, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to partacipate in this proceeding,
should contact the Collier County Facilities N4anagement Division, located al 3335 Tamiami Trail E., Suite 101, Naptes, Ftorida 341 i2, or (239) 25r-8390,
as soon as possible, bul no laler than 48 hours before the scheduled evenl. Such reasonable accommodat ons will be provided at no cosl to lhe
individual.
NoTlFlcAcloN: Esta audiencia sera conducida en el idioma lngles. Servicios the lraduccion no seran disponibles en la audiencia y Lrsted sera
responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga au propio traduclor.
AVETISMAN: Tout odisyon yo fet an angle. NoLr pan gin moun pou fe lradiksyon Si ou pa pald angtd tanpri vini avdk yon intdprdt pou pat6 pou-ou.
7.A.18.a
Packet Pg. 173 Attachment: CEA20200012843 Ruiz, Rodriguez and Duenas (15351 : CEA20200012843 Ruiz, Rodriguez and Duenas)
Case Number: CEA2020O012843
Date: December 29, 2020
lnvestigator: Virginie Giguere
Phone: 239-280-6960
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
OwneT: MARIO ANTONIO GUTIERREZ RUIZ & KARLA [/IARIA MELARA RODRIGUEZ 8
SERGIO CANU DUENAS
5308 CYPRESS LN
NAPLES, FL 34113
Location:5308 Cypress LN, Building, Naples
Unincorporated Collier County
Zoning Dist: RMF-6 Property Legal Description: |\4YRTLE COVE ACRES BLK C LOT 14 + 15
Folio: 60782750006
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,
Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Requlation(s)
exists at the above-described location.
Ordinance/Code: Zoning Districts and Uses. Residential Zoning Districts Residential Single Family Districts (RSF-1, RSF-2; RSF-3,
RSF-4i RSF-5; RSF-6). Collier County Land Development Code 04-4'l as amended, Section 2 03.02(AXl)(d)
d. Prohibited animals in residential distrcts. The following animals are to be considered farm animals and are not permitted to be kept
in residential districts except as provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses, cows, goats,
hogs, and the like:
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE V|OLAT|ON(S).
Oid Witness: Keeping chickens on the property.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
Must remove chickens and/or any prohibited animals from residential zonang district.
ON OR BEFORE: Jantary '12,2021
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs
of prosecution.
SERVED BY: INQUIRIES AND COMMENTS SHOULD BE
lnvestigator Signat
Virginie Giguere
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL34104
Phone. 239 252-2440 FAX: 239 252-2343
Case Number: CEA2020001 2843
Signature and Title of Recipient
Printed Name of Recipient
Date
*This violation may require additional compljanc_e and approvallrom olher departments which may be required under local, state and federalregulations, including, but not limited tor right-or-way permit, building permit, demotition of struct;re, site oevetopment etan, tnsubstantiatchange to site Development Plan, and variances along with, paymen-t oI impact fees, and any new or outstandin!?ei requirea ror approval.
7.A.18.a
Packet Pg. 174 Attachment: CEA20200012843 Ruiz, Rodriguez and Duenas (15351 : CEA20200012843 Ruiz, Rodriguez and Duenas)
2.O3.OZ - Residential Zoning Districts
A. Residential Single-Family Districts (RSF-1;RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The purpose and
intent of the residential single-family districts (RSF) is to provide lands primarily for single-family
residences. These districts are intended to be single-family residential areas of low density. The
nature of the use of property is the same in all of these districts. Variation among the RSF-1, RSF-
2, RSF-3, RSF-4, RSF-5 and RSF-6 districts is in requirements for density, lot area, lot width, yards
, height, floor area, lot coverage, parking, landscaping and signs. Certain structures and uses
designed to serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational uses are
permitted as conditional uses as long as they preserve, and are compatible with the single-family
residential character of the RSF district[s]. The RSF districts correspond to and implement the
urban mixed use land use designation on the future land use map of the Collier County GMP. The
maximum density permissible in the residential single-family (RSF) districts and the urban mixed
use land use designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible or
permitted in the RSF district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element.
1. The following subsections identify the uses that are permissible by right and the uses
that are allowable as accessory or conditional uses in the residential single-family districts (RSF).
d. Prohibited ontmols tn residentiol districts. The following animals are to be
considered farm animals and are not permitted to be kept in residential districts except as
provided for in zoning district regulations: turkeys, chickens, ducks, geese, pigs, horses,
cows, goats, hogs, and the like.
7.A.18.a
Packet Pg. 175 Attachment: CEA20200012843 Ruiz, Rodriguez and Duenas (15351 : CEA20200012843 Ruiz, Rodriguez and Duenas)
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15320) DOC ID: 15320
Updated: 3/16/2021 10:57 AM by Elena Gonzalez Page 1
CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A
Lavery Trust EST UTD 09/10/04
CASE NO: CEPM20200005469
OWNER: Douglas J Lavery, Trustee for Elizabeth A Lavery Trust
EST UTD 09/10/04
OFFICER: John Connetta
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,
Article VI, Sections 22-228(1), 22-231(12)(b), 22-231(12)(c),
22-231(12)(i), 22-231(12)(p) and 22-242. Single family
dwelling in deplorable conditions, unsecured, with broken
windows, roof damage, exterior and interior wall damage,
graffiti and other general maintenance issues.
FOLIO NO: 37985080008
PROPERTY 3481 11th AVE SW, Naples, FL 34117
ADDRESS:
8.B.1
Packet Pg. 176
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
vs.
Case: CEPM20200005469
DOUGLAS J LAVERY TRUSTEE foT ELIZABETH A LAVERY TRUST EST UTD O9/10/04 , Respondent(s)
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF INESi LIENSF
pLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE : 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Exterior Walls - Dwelling 22-228('t), 22-231(12)(b), 22-231(12\(c),22-231('t2)(1, 22-231
(12)(p) and 22-242
LOCATION OF VIOLATION: 3481 11th AVE SW, Naples, FL34117
SERVED: DOUGLAS J LAVERY, TRUSTEE for ELIZABETH A LAVERY TRUST EST UTD 09/'10/04
Respondent
John Connetta, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
Elena Gonzaiez
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodalions to participate in this proceeding.
should contact the Collier County Facilities Management Divisron, located at 3335 Tamiami Trail E., Suite 101. Naples, Florida 34112, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event Such reasonable accommodations will be paovided at no cost to lhe
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the lraduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimienlo con las comunicaciones de este evenlo. Por favor traiga su propio traductor
AVETTSMAN: Tout odisyon yo fdt an ang16. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle lanpri vini avek yon inteprdl pou pald pou-ou.
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
8.B.1.a
Packet Pg. 177 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
rNSTR 6007909 oR 5898 pG 921 RECoRDED 2/25/202L 1l-:55 nu PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REC $52.50
COLLIER COIJNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - C8PM20200005469
BOARD OF COMMISSIONERS
COLLIER
Petitioner,
vs.
DOUGLAS J. LAVERY, Trustee for the
ELTZABETH A. LAVERY TRUST EST,
L"TD 09/10/04
Respondent.
ORDER OF THE SPP9IAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate September 4, 2020, and
the Special Magistrate, having heard testimony'uirder: oa[h, received evidence and heard argument
respective to all appropriate matters, hereupon issues her f indings 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 at3481 l11I Avenue SW, Naples, Florida
34117, Folio No. 37985080008
2. Responden! DOUGLAS J. LAVERY, as Trustee of theuL%inffg J. LAVERY TRUST
EST, UTD O9ll0l04,was duly notified of the date of hearing by certified mail and posting, but
did not appcar at the public hearing, having entered into a Stipulation.that rqsolved all
outstanding issues between the parties
3. The real property of the Respondent is in violation of the Collier County Code of Laws and
Ordinances, Chapter 22, Article VI, Section 22-228(1), Section 22-231(12)(b), Section 22-
231(12)(c), Section 22-231{12)(i), Section 22-231(12)(p) and Section 22-242 in the following
particulars:
Single family dwelling in deplorable conditions unsecured, with broken windows, roof
damage, exterior and interior wall damage, graffiti and other general maintenance
issues.
4. The violation had not been abated as ofthe date ofthe public hearing.
8.B.1.a
Packet Pg. 178 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
oR 5898 PG 922
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 ORDf,RED:
A. Respondent is'found guilty of violation of the Collier County Code of Laws and Ordinances,
Chapter 22, Artiali VI, Section 22-228(1), Section 22-231(12Xb), Section 22-231(12)(c), Section
22 -23 | (l 2)(i), Se cti on 22 -23 1 (\ 2)(p) and S ect ion 22 -2 42.
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$111.90 on or before October 4,2020.
C. Respondent must abate all theyiolations by: Obtaining the required Collier County Building
Permit or the Collier County Demolition Permit, all required inspections and a Certificate of
Completion or Certificate of Occupancy for all repairs needed to bring the property into
compliance with the requirements of theCollier County Properfy Maintenance Code on or before
January 4,2021 or a line of $250,00, per day will be imposed until the violation is abated.
- .,iD. Alternately, if a Boarding Certificate is.obtained and the structure is boarded on or before
September ll,2020,then the time required.to oomplete the repairs, inspections and Certificate of
Completion or Occupancy will be extenddd to qnd must be completed on or before March 4,
2021or a fine of $250.00 per day will be inrirosed for each day the violation remains thereafter.
E. Respondent shall notiff the Code Enforcement Invgstigator within 24 hours of abatement or
compliance to request that the Investigator conduct a site iuspection to confirm compliance.
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 violatiorr into compliance. If necessary, the
County may request the services of the Collier County Sheriff s Office in order to access the
properfy for abatement. All costs of abatement shall be assessed against the
properry owner and may become a lien on the property.
es, Collier County, Florida.
COLLIER COIINTY CODf, ENFORCEMENT
SPECIAL MAGISTRATE
Collier CruntY
is I true ai.J corect
arr, ' l'ii4P^
.'\ '.'.''"'..'. ,'2..,\\ -,j:' .' -i, ,.. s ".,
Deputy Clerk
C.
8.B.1.a
Packet Pg. 179 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
oR 5898 PG 923
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 ofthe of this order may also be obtained at this location.
APPEAL: Any party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30)ofthe Order appealed. An appeal shall not be a hearing de novo
of the record created within the original hearing. It is the
responsibility of the to obtain a transcribed record of the hearing from the Clerk of
but shall be limited
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
/:
8.B.1.a
Packet Pg. 180 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
oR 5898 PG 924
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
Case No. CEPM20200005469
Elizabeth A. Lavery Trust EST U/D 09110104
Respondent(s),
STIPU LAT IO N/AG R E E M ENT
Before me, the undersigned, Dduglas J. Lavery, on behalf of Elizabeth A. Lavery Trust EST U/D 09/10/04,
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEPM20200005469 dated the 20th day of May,2020.
This agreement is subject to the approval of the Special Magistrate. lf it is not approved, the case may be
-16:rrJ
aa-fl]e- snhe.I ,lo.l Hearing date, theref.ore jt- li--stmngLjy recommended lhal the respandent -Or _ --
representative attend the Hearing.
ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for September 4h 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 Vlolation are accurate and I stipulate to their existence,
and that I have been p!'operly notified pursuant to Florida Statute 162.
THEREFORE, it is agreed between the parties that the Resjondent shall;
1) Pay operational costs in the amount of $ 1 I 1 .90 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Obtain all required Collier County Building Permit(s), or Demolition Permit, lnspections, and Certificate
of Completion/Occupancy for all repairs needed to bring the property into compliance with the
requirements of the Collier County Property Maintenance Code within 120 days of this hearing or a fine
of $250.00 per day will be imposed until the violation is abated.
3) Alternatively, if a boarding certificate is obtained and the siructure is boarded within 7 days of this
hearing, then the time required to complete the repairs, inspections, and Cedificate of Completion/Occupancy
will be extended to and must be completed with '180 days of this hearing or a fine of 9250.00 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 lnvestigator perform a site inspection to confirm compliance.
(24 irours no ce shall b€ by phone or iax and nrade cJlig the workweek Itrheviolaton saoated24 hoursprlorloa Satlday Sund.y or regal
holiday, then the notifcalion must be made on lhe nert day lhal is not a Saluday. Sunday or tegat ho iday.)
5) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation inlo compliance and ma y use the assistance of the Collier County Sheriffs Office
to enforce the s of t agreement and all costs of aba be assessed he property
ner
Christophe' Am bach, Supervisor
for Michael Ossorio, Director
REV 3-29-16
Respo ntative (sign)
vs.
8.B.1.a
Packet Pg. 181 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
oR 5898 PG 925
Trustee of the Elizabeth A. Lavery Trust EST UTD 09/10/04 Code Enfo
J A 2
Respond nt or Representative (pri
Date
Division
2,{,
REV 3-29-1 6
8.B.1.a
Packet Pg. 182 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
*** OR 5898 pG 926 ***
I HEREBY CERTIFY that
MAGISTRATE, has been sent by U.S.
J Lavery, Elizabeth A Lavery Trust ES'
;
CERTIF'ICATE OF SERVICE
T. UTD 9/10104,1416 Quailey St, Orlando, Fl 32804.
Code Enforcement
a true and correct copy of this ORDER OF THE SPECIAL
Vail on this 4 auy oiFebruary, 2021 toRespondent(s), Douglas
8.B.1.a
Packet Pg. 183 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
COLLI ER COUNTY, FLoRIDA
OFFICE OF THE SPECIAL MACTSTRATI]
OSM CASE NO. CEPM2O2OOOO5469
COLt,IER COUNTY
BOARD OF COUNTY COMMISSIONERS. Petitioncr
vs.
Elizabeth A. Lavery Trust FIST U,/D 09/10/04. Dettndant(s)
AFFIDAVIT OF NON-COMPLIANCf,
STATE OF FT,ORIDA
COUNTY OF COLLIITR
BEFORE ME. the undersigned authorit). personally appeared John Connetta. Code Enfbrcement Ofllcial for the
Hearing before the Special Magistrate of C'ollier County, w'ho after being fully sworn. deposes and says.
l. That on September 4'h 2020. thc Special Magistrate held a hearing and issued an Order in the above-sty.led
matter and stated that Def-endanl(s) u,as in violation as stated in the Order of the Special Magistrate recorded
in the public records of Collier Counn,. Florida in OR Book pG _ .
2. That the respondent did not contacr the investigator.
3. That a re-inspection was performcd on January 5th ,01 I
4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was not in
compliance with the following conditions: Violation rernains. Properry Ouner has hired a Contractor and a
Demolition Pennit is under revieu Io demo the structure on the property.
FURTHER AFFIANI- SAYETH NOT.
DATED this 5'r'day of January,202l.
C]OLLIER COUNI'Y. FLORIDA
LARI SPECIAI- MAGISTRATI:
forcernent Oflicial
SI'ATE OF I.'I,ORIDA
COUNTY OF COLLIIJR
Sworn to (or affirmed) and subscribed betbre lne this 5,h day of Jan uary,202 I by John Connetta.
(Signature of ic)ELENAU GC:JZT'-:Z
Commissicl:; G3 l:-i 14
Expires \larc]i 4, ::?3
Bofld66 Thru tudlctlrcia-, ;mtto
( Pri ntlType/Stamp Comm issioned
Name of Notary Public)
,/
Personally known _ y'
.-rl-: if .
?H#.
Rev 1 14 '16
8.B.1.a
Packet Pg. 184 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
COLLIER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO. CEPM2O2OOOO5469
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, PetitioneT
vs.
Douglas J. Lavery, Trustee for the
Elizabeth A. Lavery Trust Est UTD
9l10/04, Defendant(s)
STATE OF FLORIDA
COT]NTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared John Connetta, Code Enforcement Official for the
Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says:
1. That on September 4th 2020, the Special Magistrate held a hearing and issued an Order in the above-styled
matter and stated that Defendant(s) was to abate all violations as stated in the Order of the Special Magistrate
recorded in the public records of Collier County, Florida in OR Book 5898 PG92l.
2. That the respondent did contact the investigator
3. That a re-inspection was performed on March 8n',2021
4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in
compliance by Obtaining a Demolition Permit and removing the structure from the property. The Certificate of
Completion/Occupancy was granted on March srh,2021 .
FURTHER AFFIANT SAYETH NOT
DATED this 8th day of March,z\2l.
COLLIER COUNTY, FLORIDA
HEARING OF IAL MAGISTRATE
ent Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and before me this 8th day of March 2021 by John Conneffa.
Joh
(Signature of N Public)
(PrinVType/Stamp Comm issioned
Name of Notary Public)
Personally known ,/
ELENAM GONZA.LEZ
Commission # GG 307714
Expires March 4, 2023
Bonded Thru Budget Noa.y S€ii.ts
REV 1-14-16
'ffi
AFFIDAVIT OF COMPLIANCE
8.B.1.a
Packet Pg. 185 Attachment: CEPM20200005469 Douglas J Lavery, Trustee for Elizabeth A Lavery Trust EST UTD091004 (15320 : CEPM20200005469 Douglas J
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15331) DOC ID: 15331
Updated: 3/16/2021 11:00 AM by Elena Gonzalez Page 1
CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD
091004
CASE NO: CENA20200005538
OWNER: ELIZABETH A LAVERY TRUST EST UTD 09/10/04
OFFICER: Paula Guy
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,
Article VI, Sections 54-181, 54-185(b) and Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
Overgrowth of vegetation and weeds exceeding 18 inches in
height within 30 feet of a residential structure on improved
estates zoned property. Outside storage of an accumulation of
litter, household junk, trash and debris, including, but not
limited to, plastic trash bags, plastic and wood scraps.
FOLIO NO: 37985080008
PROPERTY 3481 11th AVE SW, Naples, FL 34117
ADDRESS:
8.B.2
Packet Pg. 186
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMIVISSIONERS,
COLLIER COUNry, FLORIDA, Plaintiff,
VS.
ELIZABETH A LAVERY TRUST EST UTD O , Respondent(S)
Case: CENA20200005538
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the oraginal and three copies
Alleged violators have the right to be represented by an auorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing.
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2496 Telephone
Anyone who requires an auriliary aid or service for effeclive communicalion, or other reasonable accommodations to participate in this proceeding,
should contact the Collier County Facilities l\4anagement Division, located at 3335 Tamiami Trail E., Suile 101, Naples, Florida 341 12, o. (239) 252,8380,
as soon as possible, but no laler than 48 hours before the scheduled evenl. Such reasonable accommodat ons will be provided at no cosl to the
individual.
NOTIFICACION: Esta audiencia sera conducida en el idioma lngles. Setuicios the lraduccion no seran disponibles en la audiencia y usled sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evenlo. Por favor traiga su propio traductor
AVETISMAN: Tout odisyon yo fdt an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pa16 angld lanpri vini avek yon inteprdl pou pale pou-ou.
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Flotida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
DATE: 0410212021
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION: Weeds Estates 30 FT Residential Structure 54-'181, 54-185(b) and 2.02.03
LOCATION OF VIOLATION: 3481 11th AVE SW, Naples, FL 34117
SERVED: ELIZABETH A LAVERY TRUST EST UTD 09/10/04, Responden
Paula Guy, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
8.B.2.a
Packet Pg. 187 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
INSTR 5983005 oR 5874 PG 1-50 RECoRDED L/LL/ZOZL 3:06 PM PAGES 6
CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $52.50
COLLIER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -
BOARD OF
COLLTER
Petitioner,
vs.
ELTZABETH A. LAVERY
Respondent.
TRUST,
THIS CAUSE came on for pubhc heanng the Specral Magistrate October 2,2020, and the
Special Magrstrate, havrng heard testrmony under evrdence and heard argument respectrve
to all approprrate matters, hereupon issues her
Magrstrate, as follows:
oflaw and Order ofthe Specral
I
,,
3
FINDINGS OF FACT and CONCLUSJONSiOF LAW
Respondent rs the owner of the real properly located at 3481 I lrH Avenue SW, Naples, Flonda
34l77,FohoNo 37985080008. :
Respondent, DoucLAs J. LAvERy, as Trustee of theU:.;%ig[ru J. LAvERy rRUsT
EST, UTD 09110104, was duly notified of the date of heanng by certified mail and postrng, but
did not appear at the pubhc hearing, havrng entered into a Strpulatrorihat resolved all
outstandmg rssues between the partres
The real property of the Respondent is m vrolation of the Colher County Codeof Laws and
Ordinances, Chapter 54, Article VI, Sectron 54-181 and Sectron 54-185(b) and the Colfter
county Land Development code 04-41, as amended, sectron 2.02.03, in the followrng
partrculars.
Overgrowth of vegetation and weeds exceeding 18 inches in height within
30 feet ofa residential structure on improved estates zoned property;
Outside storage of an accumulation of litter, household junk, tiash and debris,
including, but not limited to, plastic trash bags, plastic and wood scraps.
The vrolahon had not been abated as ofthe date ofthe pubhc hea.ng4
I
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Packet Pg. 188 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
oR 5874 PG l_5L
ORDER
Based upon the foregoing Frndings of Fact and Conclusions of Law, and pursuant to the authority
granted rn Chapter 162, Florida Statutes, and Collier County Ordinance No 07-44, as amended,
IT IS HEREBY ORDERED:
A Respondgnt rs found guilty of violatron of tlre Colher County Land Development Code 04-41, as
amended, Sec,tron 2 02 03 and Colher County Code of Laws and Ordrnances, Chapter 54, Artrcle
VI, Section 54,181 and Section 54-185(b).
Respondent rs onddred to pay operationll costs for the prosecution ofthrs case in the amount of
$111.70 on or befo,rc'November 212020.
Respondent must abate the litter vrolatron by' Removmg all unauthonzed accumulation of
htter and all other ltems not permltted for outsrde storage to a site designated for such use, OR
store desred ttems tn a completely enclosed structure on or before February 2r2OZl or a fine
of $100 per day will be rmposed fo1 each day the violatron remalns
Respondent must abate the weeds vrokition by Mowrng or causlng to be mowed or cut all
weeds, grass or other srmilar non-proJected overgrowth ln excess of eighteen (18) rnches rn
height whrch is withrn 30 feet of a.residcntral structure up to any lot hne, down to a herght of less
than srx (6) inches on or before Febrruary2, 2021 or a fine of $100.00 per day wrll be rmposed
for each day the violatron remarns there.dfter
Respondent shall notrs the Code Enforceinentlrfiostrgator within 24 hours of abatement or
compliance to request that the Inveshgator cdfrduct a srte inspection to confirm comphance
{Thenorrcetothelnvestrgatorshallbebyphoneorfaxdunngthe.workwpek Iftheabatementorcomphance
occurs 24 hours pnor to a Saturday, Sunday or legal hohday, the notrce sfiall be made on the next busmess day
that rs not a Saturday, Sunday or legal hohday) "/
If Respondent fails to comply with this Order, the Colher County Code Enforcement Department
may abate the violatron uslng any method to brrng the vrolatron rnto compliance If necessary, the
County may request the services of the Colher County Sheritf:s Office m order to access the
property for abatement All costs of abatement shall be assessed agalnst the property owner and
may become a hen on the property.
this&t-
B.
C
D
E
F
DONE AND ORDEREI)
.:
day of Octob er2}20at Naptes, Collier County, Florida.
COLLIER COI]NTY CODE
SPECIAL MAGISTRATE
EIIFORCEMENT
C.
,ll.'r:nili )!il:';ij,l
I i:ri lS:i1 01,
order may be paid at the Colher
FL34104, phone # (239)252-
{nlrc3 i;r;lrir$'i$l hn$ ni a
at
or confirmation of the
County
2440
8.B.2.a
Packet Pg. 189 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
oR 5874 PG 1-52
l, CryshlK.
do hearby
in and for Collier County
is a true and conect
Florida
Deputy Clerk
q", *-
: '\\.
copy of
fhq
t
a^
8.B.2.a
Packet Pg. 190 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
oR 5874 PG 153
APPEAL: Any aggrreved party may appeal a final order of the Specral Magrstrate to the Circuit Court
withrn thr{y (30) days of the execution of the Order appealed An appeal shall not be a hearing de novo
but shall be hmited to appellate review of the record created within the ongrnal hearing It is the
responsrbrlrty of
wrll
, pafty to obtarn a transcribed record ofthe hearing from the Clerk of
not automatically staythe Special Magrstrate's OrderCourts Frling
8.B.2.a
Packet Pg. 191 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
oR 5874 PG L54
CERTIF'ICATE OF SERVICE
I HEREBY CERTIFY that a true and correct
MAGISTRATE, has been sent by U S Marlon thrs l(a$day
Lavery, Elrzabeth A Lavery Trust EST, UTD 9/10/04,1416
\-/
copy of thrs ORDER OF THE SPECIAL
of October, 2020 to Respondent(s),J
Quarley St,Fr 32804
Code
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*** oR 5874 PC 155 ***
BOARD OF COUNTY COMMISSIONERS
Collrer County, Flonda
Petrtroner,
vs Case No CENA2O2O0OO5538
ELIZABETH A LAVERY TRUST EST UTD 9/10/04
Resp9ndent(s),
' .,. STtpU LATTON/AGREEMENT
P^el9-r9 me, the underslgned, Douglas J Lavery as Trustee, on behalf of Elzabeth A Lavery Trust EST UTDOgl10lo4, enters lnto thls Strpulatton and Agreement wrth Colher County as to the resolutron of Nottces ofVrolatron rn reference (case) numb_er CENA2OZOOOOs538 dated the 26b diy ol May, 2OZO
Thrs agreement ts subject to the approval of the Sp
thereforeheard on the scheduled Heanng. da
4)
Respond or Re tatrve (s Cnsttna Perez, Su
for Mtchael Ossono, DtTrustee ofthe Eltzabeth A Lave ry Trust EST UTD 09/10/04
)4 Q.zo aO
ecral Magrstrate lf lt ts not approved, the case may be
rt rs strongly recommended that the respondent or
ln.consrderatron of the dtsposltton and'reso]utton of the malters oufltned tn satd Nottce(s) of Vrolatlon for whrcha heanng ls currently scheduled for october 24, 2020, to promote effrcrency rn tne ad'mrnrstiairon of lhe codeenforcement process, and to obtatn a qurek and expedrtious resolutton of the matters ou tned thereln thepartres hereto agree as follows1) The vtolattons noted ln the referenced Notrce of Vrolatron are accurate and I sttpulate to thetr extstence,and that I have been properly notlfted pursuant toflonga Statute 162
THEREFORE, tt ts agreed between the parttes that the Respondent shall,
1) Pay operational costs tn the amount of $1 1 I 70 rncurred tn the prosecutton of thts case wtthtn 30days of thts heanng r :
2) Abate all vrolatrons by l\/ust mow or cause to inolt all weeds, grass, or other srmrlar non-protected overgrowth to a hetght no less than 6 rnches, looated ;rthtn thrrty (30; feet ot anyresrdentral structure up to any rot Ine wrthrn i20 days of thrs iearng o,. a nne ot rit oo oo per oaywtll be tmposed unttl the vtolatton ts abated
3) Removlng all unauthortzed accumulatron of htter and all oiher,(ems not permttted for outsrdestorage to a ste deslgnated for such use, or store desrred rtems ln a completely enclosedstructure, wthrn 7 days of thts Heanng, or a frne of 9100 a day wt! be imposeO ior eJcn Oay thevtolatton rematns
{a
Respon ent or Representattve (p
o
Date
.,2o
r
REV 3-29-16
notrfy Code Enforcement wrthrn 24 hours of of the vrolatron and
-(re-noirrs_notrce_stratt be by phone '*---' '
made on the nex day tEl rs flota Saturday, Sunday or tegathotrday )
5) That tf the Respondent farls to abate the vtolatron the County may abate the vtolatron usrng anymethod to brrng the vrolatton tnto compltance and may use the asststance of the Collrer CountyShenffsprovrstons of thrs agreement of abatement shall be
Code Enforcement Dtvlsron
Date
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Packet Pg. 193 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
COLLIER COUNTY. FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO. CENA2O2OOOO5538
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS. Petitioner
vs.
LAVERY, DOUGLAS J ELIZABETH A LAVERY TRUST EST UTD 09110104, Defendant(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Paula Guy, Code Enforcement Official for the Hearing
before the Special Magistrate of Collier County, who after being fully sworn, deposes and says:
l. That on October 02,2020, the Special Magistrate held a hearing and issued an Order in the above-styled matter
and stated that Defendant(s) was to mow or cause to mow all weeds, grass, or other similar non-protected
overgrowth in excess of eighteen (18) inches in height located within thirty (30) feet of any residential structure
up to any lot line. Must mow to a height of less than six (6) inches. Must remove all unauthorized accumulation
of litter from the properly to a site intended for final disposal as stated in the Order of the Special Magistrate
recorded in the public records of Collier County, Florida in OR Book 5974 pC]59---
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on February l7th,202l
4. That the re-inspection revealed that the corrective action ordered by the Special Magistrate was in
compliance with the following conditions: Removal of unauthorized accumulation of liuer and weeds and
grass in excess of l8 inches on improved estates properfy.
FURTHER AFFIANT SAYETH NOT.
DATED this I 7th day of February,2021.
UNTY. FLORI
OF THE AGISTRATE
Paula uy
Code forcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn.to (or affirmed) and subscribed before me by means of v(nrysical presence or
-
online notarization,
this /6 day of N a.4, ,20)!by Paula Guy
ELENA M GONZALEZ
Commission # GG 307714
Expires Mar* 4,Zffi)
Eonded Ihru Budg€{ Lot{rs{r}0t
(Print/Type/Stamp Commissioned Name of Notary
Public)
Personally known i
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Packet Pg. 194 Attachment: CENA20200005538 ELIZABETH A LAVERY TRUST EST UTD 091004 (15331 : CENA20200005538 ELIZABETH A LAVERY TRUST EST
Code Enforcement Meeting: 04/02/21 09:00 AM
Department: Code Enforcement
, Category: Special Magistrate Action Item
Prepared By: Elena Gonzalez
SCHEDULED Initiator: Michael Ossorio
Sponsors:
SPECIAL MAGISTRATE ACTION ITEM (ID # 15322) DOC ID: 15322
Updated: 3/16/2021 11:03 AM by Elena Gonzalez Page 1
CEAU20190002975 Alvarez and Borroto
CASE NO: CEAU20190002975
OWNER: Elmer Morejon Alvarez and Madelaine Almanza Borroto
OFFICER: Joseph Mucha
VIOLATIONS: Florida Building Code, 6th Edition, (2017), Building, Chapter 1,
Part 2, Section 105.1. Unpermitted fence on the property.
FOLIO NO: 77390001920
PROPERTY 13565 Koinonia DR, Naples, FL 34114
ADDRESS:
8.B.3
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CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Office of the Special Magistrate
BOARD OF COUNTY COMMISSIONERS.
COLLIER COUNTY, FLORIDA, Plaintiff,
VS,
ELMER MOREJON ALVAREZ and ADELAINE ALMANZA BORROTO , Respondent(s)
NOTICE OF HEARING
RE: MOTION FOR IMPOSITION OF FINES/LIENS
DATE:
TIME:
PLACE:
VIOLATION:
LOCATION OF VIOLATION:
SERVED:
04t02t2021
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 34112
Fence - Building Permit 105.1
13565 Koinonia DR, Naples, FL 341 14
ELMER MOREJON ALVAREZ and MADELAINE ATMANZA BORROTO, Responden
Joseph Mucha, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE
HEARINGS TO BEGIN AT 9:00 AM
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or
evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies
Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the
Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing
lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Elena Gonzalez
COLLIER COUNry CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239\ 252-2496 Telephone
Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to parlicipate in this proceeding,
should contacl the Collier County Facilities Managemenl Division, localed at 3335 Tamiami Trail E , Suite 101, Naples. Florida 341 12, or (239) 252-8380,
as soon as possible, but no later than 48 hours before the scheduled event Such reasonable accommodatrons will be provided al no cosl to the
individual.
NOTtF|CACION: Esla audiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera
responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de esle evento. Por favor traiga su propio lraductor
AVETISMAN: Tout odisyon yo fet an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pald angle tanpri vini avdk yon intdpret pou pale pou-ou.
Case: CEAU20'190002975
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No.
07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on
the following date, time, and place for the violation below:
8.B.3.a
Packet Pg. 196 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
rNSTR 59977!7 OR 5888 pG 2108 RECORDED 2/8/2021- 9:43 AM PAGES 5
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $44.00
COLLTER COI]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - CEAU20190002975
BOARD OF COMMISSIONERS
COLLIER
Petitioner,
vs.
ELMER MOREJON ALVAREZ and
MADELAINE ALMANZA BORROTO,
Respondents. ,'t ,.
ORDER OF' TSE.SMCIAL MAGISTRATE
THIS CAUSE came on for public hearing before,the Special Magistrate on October 2,2020, and
the Special Magistrate, having heard argument respecl.ive to all appropriate maffers, hereupon issues her
Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows:.)..
FINDINGS OF FACT and CONCI.USIONS OF LAW
j
Respondents, ELMER MOREJON ALVAREZ and, MAEELAINE ALMANZA
BORROTO are the owners of the subject real property located at 13565 Koinonia Drive,
Naples, Florida 34174, Folio No. 77390001920. r .,
Respondents were duly notified of the date of hearing by cenified mail pnd posting, but were not
present at the hearing, having entered into a Stipulation resolving all outstanding issues between
the parties.
Respondents' propergr is in violation of the Florida Building Code, 6n Eaiiion (2017)Building,
as adopted by Coilier County, Chapter 1,Partz, Section 105.1 as follows:
Unpermitted fence on the property.
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,
2.
)
4.
t.
8.B.3.a
Packet Pg. 197 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
oR 5888 PG 2109
ITISHEREBY ORDERED:
A. Respondents are found guilty of violation of the Florida Building Code, 6ft Edition (2017)
Building, as adopted by Collier County, Chapter 1, Part 2, Section 105.1.
B. Respondgnt is ordered to pay operational costs in the amount of $111.65 incurred in the
prosecuiionpf'tfls case on or before November 2,2020.
C. Respondents are also ordered to abate the violations by obtaining either a Collier County
building permitor"a demolition permit, all inspections and a Certificate of Completion or
Occupancy for the unf ermiued fence on or before I)ecember 2,2020 or a line of $100.00 per
day will be imposed until the violation has been abated.
D. Respondents must notifr the Code Enforcement Investigator when the violation has been abated
in order for the Investigafor to conduct a final site inspection to confirm compliance.
E. lf the Respondents fail to abate fhsviolation as ordered, the County may abate the violation using
any method to bring the violation into compliance and may use the assistance ofthe 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 be-come a lien on the property.
DOI\IE AND ORDERED on this ,^d day of Octiile t IO2Oat Naples, Collier County, Florida.
COLLIER. COI.]NTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
C.G
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this orddr maybg paid at the Collier
County Code Enforcernent Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-
2343. Any release of lien or confirmation of compliance or .confirmation of lire satisfaction of the
obligations of tllis order may a)sb be obtailed at thiS locaiionl ,, ,
.,i, ... I .: -. : lt ,. 'r i'ir\i ili i
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the exeiution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate revierv of the record created within the original hearing. It is the
responsibility of the appealing parry 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.
t
8.B.3.a
Packet Pg. 198 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
oR 5888 PG 2110
brCollin
ahte and corroct
I, Crysh| K.
do hea6y
Clert
.'r", r (
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Packet Pg. 199 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
oR 5888 PG 2111
BOARD OF COUNTY COMIIISSIONERS
Collier County, Florida
Petitioner,
Elmer Morejon Alvarez and Madelaine Almanza Borroto
Respondent(s),
STIPULATION/AGREEMENT
Case No. CEAU20190002975
Befo.e me, the undersigned, Elmer Alvarez and Madelaine Borroto on behalf of Elmer Morejon Alvarez and
Madelaine Almanza Borroto, enters into this Stapulation and Agreement with Collier County as to the resolution
of Notices of Violation in reference (case) number CEAU20190002975 dated the 26s day of March, 2019.
/>'l- Da-f<t
resentative (sign)
1
e H)ofAlru<,'
This agreement is subject to the approval of the Special Magistrate. lf it is not approved, the case may be
heard on the scheduled Hearing date, therefore it as strongly recommended that the respondent or
representative attend the Hearing.
ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is cunently scheduled for October Znd, 2020; to promote efficiency in the administration ofthe 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 ofYiolation are accurate and I stipulate to their existence,
and that I have been properly notified pursuant to Floriaa Statute 162.
THEREFORE, it is agreed between the parties that the Respondent shall:
1) Pay operational cosls in the amount of $1 1 1.65 ir.rcirrred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Obtaining all required Collier Cr..rnty Building P'ermit(s) or Demolition Permit, inspections, and
Certificate of Completion/Occupancy for unpermitted fence within 60 days of this hearing or a fine of
$100.00 per day will be imposed Lntil the violation is abated
3) Respondent must notiry Code Enforcement within 24 hours of abatement of the violation and request
the lnvestigator perform a site insDection to confirm compliance.
(24 hour6 notce 6hall be by phone or fax and made dndng the workweek. lf the violalion is ab€ted_24 nours pdor to a Satu.day Sunday or l€gal
hoiid6y, then the notification must b€ made on the next cay lhat 6 nol a Satuday, Sunday or legal hoiday ,
4) That if the Respondent fails 10 abate lhe violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office
to enforce the provisions of this agreement and all costs of abatement shall be essessed to the property
er
dent or Rep J I'J uc , Supervisor
for Ossorio, Director
Code Enforcement Division
q- 2q -Lc)
nt or Rep
m - )1- H-Y)
Date
(print)Date
REV 3-29-16
ltn--
vs.
eso(
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Packet Pg. 200 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
*** oR 5888 PG 2112 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has sent by tJ.S. Mail on this2nd day of February,2021to Respondent(s), Elmer
Morejon Almanza Borroto, 13565 Koinonia DR, Naples, Fl 34114.
Code Enforcement
8.B.3.a
Packet Pg. 201 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)
vs.
COLLI ER COUNTY, FLORIDA
OFFICE OF THE SPECIAL MAGISTRATE
OSM CASE NO. CEAU2OI9OOO2975
COLLIER COUNTY
BOARD OF COL,NTY COMMISSIONERS. Pctitioner
ALVAREZ. ELMER MOREJON and MADEI--AINE ALMANZA BORROTO, Defendant(s)
AFFIDAVIT OF NON.COMPLIANCE
STATE OF'FLORIDA
COUNTY OF COT,I,IER
BEFORE ME, the undersigned authority. personally appeared Joseph Mucha. Code Enforcement Offlcial for the
Hearing before the Special Magistrate of C'ollier County. who after being fully sworn, deposes and says;
That on April 03. 2020, thc Special Magistrate held a hearing and issued an Order in the above-styled matter
and stated that Def'endant(s) was to obtain all required Collier County building permits or demolition permit.
inspections and Certificate of C'ornpletion/Occupancy for unperrnitted l-ence rvithin 60 days (Decenrber 2.
2020) as stated in the Order of' the Special Magistrate rccorded in the public records of Collier County,
Florida in OR Book _PG_.
2. That the respondent did not contact the investigator
3. That a re-inspection was performed on December lrd. 2020.
That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance
with the following conditions: Fence pernrit has been reactivated. however. final inspection has not been called in
FURTHER AFFIANT SAYETH NOT
DATED this 3rd day of Deccmber, 2020
COLLIER COI.]NTY. FLORIDA
HEARING OF ]'['IE SPECIAL MAGISTRATE
J ucha
Code forcerrrent Olflcial
STATE OF FLORIDA
C]OUNTY OF COLLIER
Swom to (or affirmed) and su
this 7 day otLla4tbtt
Lbscribed betbre nre by nreans ofX physical presence or - onlrne notarization
. 2020 by Joseph Mucha
(Signature lic)
(PrinfType/Stamp Commissioned Nanre of Norary Public)
Personally known t
rEL!l'i 3l-jrlHlLL'l\
i.rr,-' r: c", GG 1:).la'2::
ii'; q. f,1;;, l! I .11
' 'l . I : .'.-i, ',-')', j: ; -. .
..,i,r_.:
kti?'
8.B.3.a
Packet Pg. 202 Attachment: CEAU20190002975 Alvarez and Borroto (15322 : CEAU20190002975 Alvarez and Borroto)