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Agenda 05/25/2021 Item #16A 8 (Release Code Enforcement Liens - 15081 Oak Tree Drive)05/25/2021 EXECUTIVE SUMMARY Recommendation to approve the release of two code enforcement liens with an accrued value of $95,397.40 for payment of $4,000 in the code enforcement actions titled Board of County Commissioners v. Deri Clark in Special Magistrate Case Nos. CENA20180002815 and CENA20180002818 relating to property located at 15081 Oak Tree Drive, Collier County, Florida. OBJECTIVE: For the Board of County Commissioners to accept an offer to release two code enforcement liens with an accrued value of $95,397.40 for payment of $4,000 in relation to Special Magistrate Case Nos. CENA20180002815 and CENA20180002818. CONSIDERATIONS: As a result of a code violations, the Special Magistrate ordered the imposition of two liens against Deri Clark in Case Nos. CENA20180002815 and CENA20180002818 for code violations at 15081 Oak Tree Drive, consisting of litter, debris, inoperable, and unregistered vehicles throughout the property. The lien in Case No. CENA20180002815 was recorded in the Official Records on January 29, 2019, at O.R. Book 5593, Page 3648. The lien amount of $48,073.75 is based on 957 days of accrued fines ($50 per day from August 6, 2018, through March 19, 2021) totaling $47,850, and $223.75 in operational costs. The property was brought into compliance on March 19, 2021. The lien in Case No. CENA20180002818 was recorded in the Official Records on January 29, 2019, at O.R. Book 5593 Page 3651. The lien amount of $47,323.65 is based on 942 days of accrued fines ($50 per day from August 21, 2018 through March 19, 2021) totaling $47,100, and $223.65 in operational costs. The property was brought into compliance on March 19, 2021. Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by an existing owner would be considered for a waiver as long as the existing owner has diligently pursued abatement and compliance has been achieved. In 2015, after the sudden passing of Mr. Clark, Deri Clark became the sole caregiver to her bedridden brother-in-law who suffers from extensive health issues. As acting caregiver and sole provider, Mrs. Clark lives on a very limited income with many financial obligations due to major health issues that prevent her from working. It took a substantial amount of time, commitment, and follow-up, to abate the property. The property is being actively maintained and $4,000 has been paid in settlement of fines. The owner is requesting a waiver of $91,397.40 in accrued fines, see attached hardship letter as required. There are no known violations at this time. FISCAL IMPACT: Payment of $4,000 in settlement of fines and costs has been made. If approved by the Board, accrued fines in the amount of $91,397.40 would be waived. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. This item conforms to the Board’s policy contained in Resolution 2012-46. - CAK RECOMMENDATION: To waive the fines in the amount of $91,397.40, accept payment amount of $4000, release the liens, and authorize the Chairman to sign the attached releases and satisfaction of liens for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division 16.A.8 Packet Pg. 657 05/25/2021 ATTACHMENT(S) 1. Backup Documents (PDF) 2. Hardship Letter (PDF) 3. Lien Orders (PDF) 4. Releases (PDF) 16.A.8 Packet Pg. 658 05/25/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.8 Doc ID: 15628 Item Summary: Recommendation to approve the release of two code enforcement liens with an accrued value of $95,397.40 for payment of $4,000 in the code enforcement actions titled Board of County Commissioners v. Deri Clark in Special Magistrate Case Nos. CENA20180002815 and CENA20180002818 relating to property located at 15081 Oak Tree Drive, Collier County, Florida. Meeting Date: 05/25/2021 Prepared by: Title: – Code Enforcement Name: Dana Rarey 04/15/2021 3:58 PM Submitted by: Title: Division Director - Code Enforcement – Code Enforcement Name: Michael Ossorio 04/15/2021 3:58 PM Approved By: Review: Growth Management Department Michael Cox Growth Management Department Skipped 05/09/2021 9:20 AM Growth Management Department Michael Cox Transportation Skipped 05/09/2021 9:20 AM Growth Management Department James C French Growth Management Completed 05/09/2021 6:43 PM County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 05/11/2021 3:46 PM Code Enforcement Michael Ossorio Additional Reviewer Completed 04/15/2021 4:05 PM Code Enforcement Colleen Davidson Additional Reviewer Completed 04/20/2021 11:23 AM County Attorney's Office Colleen Kerins Additional Reviewer Completed 04/21/2021 11:07 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/21/2021 11:36 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/22/2021 10:36 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/03/2021 1:00 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/14/2021 9:02 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM 16.A.8 Packet Pg. 659 Deri Cl ark cf,v20r80002815 15081 Oak Tree Drive Naples, FL 34114 Folio # 00767520001 Inoperable and unregistered vehicles parked throughout the properb/ Order Items: $50/day fine x 47 days (August 6, 201 g _ September 2l ,201g) : $2,350.00, plusoperational costs of$l I 1.95, plus operational costs ofgl I l.g0 Total Fines: 52,573.75 FOF Order OR 5535/PG 3794 recorded on 7/24/18 IOF Order OR 5593/PG 3648 recorded on U29/19 Violation abated: March 19, 202 I Fines accrued after IOF: Order ltems: $50/day fine x 910 days (September 22,201g _ March tg,2OZl)= $45,500.00 Total Fines Owed:t3.t3 Deed recorded on 7127/10, and case is in compliance a s of 3l19/21 Fines for Owner:073./5 c8NA20180002818 Litter and debris throughout the property "tiffliiT:;[1%i:fi#iffi,'lJr';;l?r'020r8 - September 2r,20r8) = $r,600, prus operationarcosts Total Fines Owed: $1.823.65 FOF Order OR 5535/pG 379g recorded on 7/24/lg IOF Order OR 5593/pG 365l recorded on ll29/19 Violation abated: March 19, 202 I Fines accrued after IOF: Order ltems: $50/day fine x 910 days (September 22, 201 g _ M arch 19, 2021)= $45,500.00 Total Fines owed: $47J23.65 Deed recorded on 7/27/10, andcase is in compliance as of3/19l21 Fines for Owner: 47 J23.65 16.A.8.a Packet Pg. 660 Attachment: Backup Documents (15628 : BCC v. Deri Clark) Olfe,r o-f-settlement: $4,000.00 ($3552.60 fine + g223.75 CEV20180002815 costs + 5223.65CENA20180002818 cosrs) Owner with Hardship ACCRUEDVALUE: $95J97.40 PAYMENT OF: $4.000.00 setttement TOTAL FINES TO BE WAIVED: $ 91.397.40 16.A.8.a Packet Pg. 661 Attachment: Backup Documents (15628 : BCC v. Deri Clark) Collier County Growth Management Division 2800 Horseshoe Drive N, Naples, FL 34104 239-252-24A0 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change ,/ Overage: Contact: FEE DETAILS: Fee Descriotion 2021831969 2027-029902 04/09/2027 $2,797.40 Pavment Method Check $2,797,40 $0.00 Action Title Services 3733 Tamiami Trail North Naples, FL 34103 Reference Number Amo u t Paid $2,797 .40 Check Number 136166 Operational Costs (Sty) Operational Costs (Sty) Operational Costs (SM) Operational Costs (Sly) Specia I lvlaqistrate Cashier Name: Batch Number: Entered By: cEV20180002815 cENA20180002818 cENA20180002818 cEV2 0180002815 cEV201B0002B 15 Richa rd Koen igsknecht 9969 Da n nyBla nco Oriqinal Fee $ 111.95 $111.85 $111.80 $ 111.80 $ 2,3 s0.0 0 Amount Paid $ 11 1,9s $ 111.85 $111.80 $ 111.80 $2,350.00 GL Accou nt 11 1- 138911-3439 22 111- 13891 1-3439 22 t77-73A917-343922 777-738971-343922 1 11-13891 1-343922 16.A.8.a Packet Pg. 662 Attachment: Backup Documents (15628 : BCC v. Deri Clark) Collier County Growth Management Division 2804 Horseshoe Drive N, Naples, FL 34104 2is-2 s2-2400 RECEIPT OF PAYMENT Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Fee Descriptio n S pec al Magistrate Cashier Name: Batch Number: Entered By: 2027837973 2027-029906 04/09/2021 $4s,s00.00 $1,2o2.60 $0.00 Action Title Services 373 3 Tamiami Trail North Naples, FL 3410 3 Amount Paid $1,202.60 Check Number 136166 Reference N umber cEV20180002815 O riq ina I Fee $4s,s00.00 GL Accou nt 111- 138911-343922 Amount Paid $t,2o2.60 Richa rd Koen igsknecht 9969 Ilia na Bu rgos Pavment Method Check 16.A.8.a Packet Pg. 663 Attachment: Backup Documents (15628 : BCC v. 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"/ /." *r 19<,t- 91op,{ h*:-o/ur.z* a,L4-S- V-z-z*'6, 4, --Ol,'t- W -t-2,# 16.A.8.a Packet Pg. 668 Attachment: Backup Documents (15628 : BCC v. Deri Clark) ,*t{2 '/L2- jj, 9-e.) AU ,)rr- aru^.r^/ -rtzzr{ aL4 'fn d rYL'Tn CI-n/44- "W Ca--'n- *atr'?fu{ ,9,/,)P,, It/ "Tn Cou<- d--L/LQ_ --t4 bL-.tz- cuL4- S / eeU-L 7' /?t d5,)a tb_t-,/ , I -Ly'-zaa *.L4?U J/n A4- 5. /3J// &.to -,/-,-ZttS /--'ta ,AJ&'^L arnta -t:o L rU aa<z-.".t <* PrL rnzy A,tzzy'c** ca<tuz- 4r*? &rt 16.A.8.a Packet Pg. 669 Attachment: Backup Documents (15628 : BCC v. Deri Clark) .ll-t <^-L t/,-.a 6'-rffi 4u--.*-( L+^a-^y'd- b P'l't- &-r.t- 3 - 2 2l al tfr*;* &-U<rv1fr{o s), il ry {)d t.),/*-*//r.J UL- b rr.J< a &-t tt" &-/LZ- C-/L O/'Z L) ,/ ,-LD.t/ ,) --J t ,+' +/14L2-i'-&rl"0 ) 7-/a"<ol e--Lu'&<-a,r'n4 l-/t t*4 ,/fu /L L M"4L- f *f (L,l ,,frn 9'u.>1-tk b, #'^ 4.^4/--'>\-- 3 16.A.8.a Packet Pg. 670 Attachment: Backup Documents (15628 : BCC v. Deri Clark) lAc,t ftzno4-t/ Ut6 31,) 39 a..OrtZ iz4t c94'1 ;-oL!4-,/J,aa/-L ru \l- /./lLrha- 33,) ,/ pztap?sz. ihL .1-/-t/rz- 4 {ryPc C,nS gha,*/f 1/r^// / &-<,,t S V.- I U*k EJ, G,O-L^odAv" 3-30-6oal / %ffi I t I i t I l I I I I I i ! , : : I 4*. 16.A.8.a Packet Pg. 671 Attachment: Backup Documents (15628 : BCC v. Deri Clark) Collier County Property Appraiser Prope?ty Sumniarli Site Address "Disclaimer 15081 oAK TREE DR Site City NAPLES Site Zone "Npte Parcel No 00767520001 114 1...-.-. ...". Narne / Address CLARK, DERI 15081 OAKTREE DR City NAPLES State FL Zip 34114-8904 Map No.Strap No.Section Township Range Acres *Estimated 6C20 000100 083 6c20 51 27 0.37 leoal 39^|-12_7^B^E^G^NI'g!ILIE!_lo.S 2Oe._84Fr, E 632.3sFr To pOB, S 13sFT, w 120Fr, N 13sFT, E':r*' 120FT TO POB .37 AC OR 672 PG 1207 Illillage Area o Sub./Condo Use Code O Millggg Rates O *Caleulatiq[g School Other Total s.016 6.2924 1 1.3084 (Not all Date , o6/2411O, 12101176 $o $o672-17A7 2O2O Certified Tax Roll (Subject to Change) Land Value $ 30,52g (+) lmproved Value -i;:6; 1=; Market Value $ 40,017 (-) Save our Home $ 2,055 I:l ffi::i:ff''" $32'e62 1=; schootraxabta value *fi:331 ,J:irH::nJ:t#," equar0 this parcerwas rreated arterthe r,*,f"l'*i' Amount 16.A.8.a Packet Pg. 672 Attachment: Backup Documents (15628 : BCC v. Deri Clark) SrP A slYla D*;oe,r ,-iU caJl .J^.. Add a ne*r person or business to Sddress Book Property Infonrnatian Vrew Aledis on thu Frooertv Open Alcrts: 1 Fees ?? RefrelhShorrr lle All related fees (PropertyJ Parccl No. lzezsaooor Address{er) Tyge Bescriolron lltDs nt*t AiJ----,r ifii ER, 00f,{ & LENA, Address:5159 Historic Owner CLARK, DERI,eddresst15081 OAKTREE D .ORIVl'listpric Owner 15881 Oak Tree DR Naples, FL 150E1 Oak Tree DR, Buildrng, Mobile/F,lodular, Refererre Nrln*er Fee Type Affro{rrtl furowlFaid Dde Fard c E!:tA.2sl,8rin0"ls 18 rcENA201B000?818 l5i4] C\o-'(5.{r3s/ L.?.-kaarwar \\ I7 DAr otP Ll1-t t c C\ +oeetU cEv2018rl0s?815 Ope rational Costs (S,vlj Special Magistrate $ 0.00, .. ',.,.. .. ., $ o:oq, $ 0.00 l $.1,800.r'0. I 0"00 $ 0.00 . .:.op_eliliglal Costs (Sl'l) ,Special Magistrate ,Operationit Cosg (Su) a l>u l>r f U. C' co-L|rrd tlaq E 0 e*F-mount Owing / Amount $4,397"40 $0"00 Description Special Magistrate Hearing Operational Coits - Dts nq - 2ro-S85O R Quantity Fee Payablc? 1.OO Entered By Fee Pardz LEGACYI Danny Blanco Date Due Date Entered u7t7812CIt8 Paymentr A A.rroufit PBid Accourt P*rrrent Me{hed Clleck S Rsqepl B Bdch r Trryrsacton f fr r)ut-1..1 D ops C( Paid By / rn I A 1s*sr Trrt **., 5 lll \ *O['nl#'e A.!'.o,- -I=,Ue /t, L_,b 16.A.8.a Packet Pg. 673 Attachment: Backup Documents (15628 : BCC v. Deri Clark) 0)r kro\q INSTR 4457598 oR 4589 PG 2698 RECoRDED 7/27/2OLO 4:13 pM PAGES zDWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CTRCUIT COURTDoc@.70 $0.70 REc $18.50 coNS $0.00 Prepared by and return to: Jane M. Hancock 202 West Main Street, Suite 103 Wauchula, FL 33873 (863) 773-0500 pace Above This Line For Recording THIS FROM INFORMATION FURNISHED BY THE PARTIES. NO EXAMINATION DESCRIPTION WAS MADE AND NO RESPONSIBILTTY IS ASSUMED FOR TITLE OR ,,/Warranty Deed ne 2010, between Deri Clark, a married woman, whose post office address is 15081 Oak Tree Drive, Naples, FL 33961 grantee: (Whenever used herein the terms "granto/'and heirs, legal representatives, and assigns of individuals, and truslees) all the parties to this instrument and the and assigns of corporations, trusts ) WITNESSETH, that said grantor, for and in consideration affection and other good and valuable considerations to said grantor in hand paid by said grantee, granted, bargained, and sold to described land, situate, lying and the said being in Florida, 51 South, Range thence South thence South 0"12'20" West, 135.0 feet to iror.pin, thence North g9"27T0"feet to iron Lot21, Mirra Park, beginning at N.W. cornerof Section 20, 27 East, thence run South 0o16'00" West, 209.84 feet 89"27'40" East, 632.35 feet to iron pin being the POINT OF Parcel ldentilication Number: 00767520001 Grantor Don Driver, individually, reserves unto himself for and during his lifetime, allfe estate consisting of the excluslve possession, use, and enjoyment of the rents andprofits of the property described hereln. Said- Grantoroon oriver lndividually, furtfreireserves unto himself, for and during his lifefime,rhe right to selt, leaee, encumber bymoilgage, pledge, rien, or othenvise manage and disp6se, in whote or'p"rt,oi g-;;1any lnteresr therern, of the.aforesard premises by gift, .i,1" oi-og,"nrise so as toterminate the lnterests of the Grantee, as the cran-toi in-rris so-re discretion shail This Warranty Deed made Don Driver and Lena the Pin,East, 60.0 feet to POINT OF Lot22, Mirra Park,of Section 20, Townshlp 51 South, Range 27 East, thence run South 209.84 feet to iron pin, thence South 89o22,f0,'East, POINT OF BEGINNING; thence South 0"12'20" West, 135.0 feet to iron pin, thenceNorth 89"27'40" West, 60.0 feetto lron pln; thence North 0.i2,20,, East,135.0 feet to lron pin, thence South 89o27'40"East, 60.0 feet to POTNT OF BEGINN|NG. has assigns 16.A.8.a Packet Pg. 674 Attachment: Backup Documents (15628 : BCC v. Deri Clark) *** oR 45gg PG 2699 *** decide, except to dispose of said propefi by devise upon his death. Said Grantor Don Driver, lndivldually, further reserves unto himself the right to cancelthis deed byfurther conveyanco whlch may destroy any and all rights whlch the Grantee maypossess under this deed. Grantee shalt hold a remainder interest in the property described herein and upon the death of sald Grantor Don Driver,only, if the property described herein has not been previously disposed of prior to said Grantor's death, all right and to the propefi remalning shallfutly vest ln Grantee, subject to such liens existing at the time. This conveyance the following: 1. 2. J. 4. Ad valorem taxes,waste charges su bsequent to 2009. and other requirements imposed by governmental authority. on the plat or otherwise common to the subdivision. hands and seals the day and yearfirstabove and Public utility lN WITNESS WHEREOF, grantors have written. , sealed and in our presence: STATE OF FLORIDA COUNTY OF HARDEE The foregoing instrument was and Lena Driver, who produced before me this 24th day of June 2010,by Don Driver as identification. Name: EAL) ':l , ".-r i.t**,;; (Seal)commissffi TOGETHER with all the appertaining. TO HAVE AND TO HOLD, that the grantors have good fully warrant the title to said and appurtenances thereto belonging or in anpvise in fee sell and convey said land;that the grantors the same against the lawful claims of all persons simple; hereby land whomsoever; and that said land 31,2009. ). .\ 16.A.8.a Packet Pg. 675 Attachment: Backup Documents (15628 : BCC v. Deri Clark) vs. COLI,If, R COUNTY, FLORI DA OFFICE OT THE SPECIAL MAGISTRATE OSM CASE NO. CENAZOTSOOO2SIS C:OLLIER COIJNTY BOARD OF COUN'IY COMMISSIONERS, Petitioner CLARK. DERI. Def'endant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COT]NTY OF COLLIER IIEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code [.nfeircernent Official for the Hearing before the Special Magistrate of Collier County, who after being I'ully slvorn, deposes and says: l. That on July 06,2018, the Special Magistrate held a hearirrg and issued an Order in the above-stylcd matter and stated that Defendant(s) was to abate all violations as stated in the (Jrder of the Special Magistrate recorded in the public records of Collier C'ounty, Florida in OR Book 5535 PG 3798. 2. 'l'hat the respondent did contact the investigator l. That a re-inspectit'rn was perfbrmed on March 1gth, 2021 4. 'I'hat the re-inspection(s) revealed that the corrective action ordered hy the Special Magistrate was in compliance by removal of all the litter frorn the property. FL]RTHER AFFIANT SAYETH NOT DATED this 26th day of March, 2021 COLLI ER COUNTY. FLORIDA HEARINC} OF TI{E SPECIAI,IS'IRATEMACaq .I uclra Ollicial STATE OF FLORIDA COL'NTY O}"COLLIER Sworn to or affinned) and strbscribed beforc me by means of l4f physical presence or _ onlinc notarization, rhis ]t of \' kr c \ \ . 2021 by Joseph Mucha (Signature of Notary Public) (Print/TypeiStamp Commissioned Name of Notary Public) Personally knorvn l . .irlJr: .{f^T\Y' ?i.iJ&is 'r..?f f!,Y CIISTIIIA B. PERTZ liotary Public . Stnre 0l Florida Comml$sion , 6G 215341 I'ty Coorm. Irpires Ort ?8, 1022 Sonded through Nationdl Noti.y A$A. 16.A.8.a Packet Pg. 676 Attachment: Backup Documents (15628 : BCC v. Deri Clark) rNsTR 5655877 oR 5593 PG 3651 RECoRDED L/29/2OL9 4:38 PM PAGES 3 CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $27.00 vs. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - C8NA20180002818 BOARD OF COUNTY COMMISSIONERS COLLTER COUNTY, FLORIDA, Petitioner, DERICLARK, Respondents. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all aPProPriate Magishate, as follows: having heard argument and Order of the Special I . On July 6, 201 8,County Code of Laws and Ordinances, Chapter 54, Arti 181 and Collier County Land Development Code, 04-41, as for having litter and debris throughout the property, which violation occurred on property located at 15081 OAK TREE DR, NaPles, FL, Folio No. 00767520001 (Legal Description 20 5127 BEG NW CNR SEC 20, S 209.84FT, E 632,35FT TO POB, S I35FT, W I2OFT, N I35FT,E l20FT TO POB .37 AC OR 672 PG 1207). Z. An Order was entered by the Special Magis$ate ordering Respondent to abate the violation on or before August 20,2018: or a fine of $50.00 per day would be assessed for each day the violations continue tfiereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5535, PG 3798). 3. Operationat costs of $l I 1.85 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did uppiu. at the public hearing, and no legal defense to the Motion was presented' 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007'44, as amended, has been timely filed. 6. The violation has not been abated as ofthe date ofthe hearing. guilty of 16.A.8.a Packet Pg. 677 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5593 PG 3652 A. B. C. D. E. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter I 62, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted. Daily fines of$50.00 per day are assessed against Respondent for 32 days for the period from August 2l , 2018 to September 2l , 2018, for a total amount of fines of $ I ,600.00 Respondent shall pay the previously assessed operational costs in the amount of $l I 1.85. Respondent shall pay operational costs for the Imposition of Fines Hearing in the amount of $r r 1.80. Respondent is ordered to pay fines and costs in the total amount of $1"823.65 or be subject to Notice of Assessment of Lien Florida. by Respondent in Collier County, F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AND ORDERED this , Florida. ENFORCEMENT C. PAYMENT OF FIhIES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive, Naples, FL 34104, phone # (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirly (30) days of the execution of the Order appealed. An appeal shall not be a hearing de not'o, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing frorn the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. Collier Cwnly a trUo and corld to accrue until Deputy Clefi 16.A.8.a Packet Pg. 678 Attachment: Backup Documents (15628 : BCC v. Deri Clark) *** OR 5593 PG 3653 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Clark at 1 5081 Oak Tree Dr. Naples, FL 341 I 4 this 7l day ORDER has been sent by U. S. Mail to Deri of Official RECEIVED JAN23 2OIg {I I i I trl 16.A.8.a Packet Pg. 679 Attachment: Backup Documents (15628 : BCC v. Deri Clark) rNsrR 5590225 oR 5535 PG 3798 RECoRDED 7/24/2OL8 10:51 aM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $35.50 CoLLIER COTTNTYIIODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - CENA20180002818 BOARD OF COT'NTY COMMISSIONERS COLLIER COIINTY, FLORIDA, Petitioner, vs. DERTCLARK, Respondent. THIS CAUSE came Special Magistrate, having to all appropriate matters, follows: I on July 6,2018, and the heard argument respective of the Special Magistrate, as l. Respondent Deri Clark, is 2. Respondent was notified of the fied mail and posting and the Special Magistrate has jurisdiction of this matter 3 4. Respondent, having been duly nolified, did not appear at the public hearing but entered into a stipulation. The real property located at I 5081 Oak Tree Dr., Naples, Florida, Folio No. 0076752000 I (Legal Description: 20 5127 BEG NW CNR SEC 20, S 209.84FT, E 632.35Ff TO POB, S l35FT, W l20FT, N l35FT, E l20fT TO POB .37 AC OR 672 PG nAT, is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-l8l and Collier county Land Development code, 04-41 as amendcd, section 2.02.03, in the follorving particulars: Litter and debris throughout thc property. the su 5. The violation has not been abated as ofthe date ofthe public hearing. 16.A.8.a Packet Pg. 680 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5535 Pc 3799 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. 0744, as amended, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of [,aws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-l8l and Collicr County Land Development Code, 04-41 as amended, Section 2.O7-O3. B. Respondent must abate the violation by removing all unauthorized accumulation of litter from the property to a site intended for final disposal or store items within a completely enclosed structure on or beforc August 20, 2018 or a fine of $50.00 pcr day will be imposed for cach day the violation rcmains thereafter. C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring thc violation into compliance. If necessary, the County may request the services s Oflice for the purpose of accessing the property for property. shall be assessed against lhe D. Respondent is ordered $111.85 on or bcfore, E. Respondentshall notify tn hours ofabatement or compliance so that a DONE AND ORDERED this County, Florida. CODE ENFORCEMENT TE c. 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- 244A ot www,colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirly (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created rvithin the original hearing. It is the responsibility ofthe appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not fitom.atically stay the Special Magistrate's Order. '-, .. ..t.i cERTIFIcATCI.oFsERvICE of this case in the amount of COLLIER of I HEREBY CERTIFY that a rrue and conect copy of this ORDER 15081 Oak Tree Dr., Naples, FL 341 l4 this f U_ day of July 2018. has been sent by U. S. Mail to Deri Clark at 16.A.8.a Packet Pg. 681 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5535 PG 3800 Staie ol Fl; :a CountY ol CO''L!:ri I "; ,. :t;tJ .: i);;r;1ly j)^ot\ \ I I HEREBY Boa'J 16.A.8.a Packet Pg. 682 Attachment: Backup Documents (15628 : BCC v. Deri Clark) *** oR 5535 PG 3801 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida #sQ Petitioner, Case No. CENA?O18000281 I DeriClark Respondent, STIPULATION/AGREEMENT COMES NOW, the undersigned, Deri Clark, on behalf of herself, or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20180002818 dated the 30th day of March, 2018. ln consideration of the disposition and resolution of the r a hearing is cunently scheduled for July 6h, 2018; to matters outlined in said Notice(s) of Violation for which efficiency in the administration of the code enforcement process; and to obtain a quick of the matters outlined therein the parties hereto agree as follows:1) The violations noted in the and I stipulate to their existence THEREFORE, it is agreed between vs. 1) Pay operational costs in the days of this hearing. 2) Abate allviolations by: Removing all unaulhorized or store items within a per day will be imposed until 3) Respondent must notify Code the lnvestigator perform a site i (Zf houc noltca 6hs[ bo !y phona or ler afld ,rrada of this case within 30 dwlno thcwwlflY?ak a site intended for final disposal of this hearing or a fine of $50.00 abatement of the violation and request ls abalcd 24 iours pflor to I Saiurday, Sunday or legal holdsy, then tic nc'trtlcat,oo mJtt D. nrldo on thc rEn day tul ls rEt ! Salurd.y, Sunday or l.g!l holday ) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement'and all costs of abatement shall be assessed to the property or (sign)Director 1-Department3- tB or Date 1- j is abated of litter Date Io(,- REVT/Ut3 ii 16.A.8.a Packet Pg. 683 Attachment: Backup Documents (15628 : BCC v. Deri Clark) VS, COLI,IER COUNTY, FLORIDA OFFTCE OF THE SFECIAL MAGISTRATE osM cAsE No. cEv20r800028rs COI,I"IHR COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CILARK, DERI, Defendant(s) ATF'IDAVIT Of' COMPLIANCE STATE OF ITLORIDA COI..INTY OF COI.LIER BEPORE ME, the undersigned au$ority. personslly appeared Joseph Muolra. Clode llnf<rrcenrent Official for the Hearing before the Special Magistrate r:rf Clollier County, who afler being tullv sworn, deposes and says: That on July 06, 2018, the Special Magistrate hcld a hearing and issued an Order in the above-slyled marter 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 Counry-, F'lorida in OR Book 5535 PG 3794. 2. That the respondent did contact the investigator. 3. That a re-inspection rvas performed on March l9th, 2021 4. That the re-inspection(s) revealed that the corrective action ordercd by the Special Magistrate rvas in compliance by removal of all unlicensed and inoperable vehicles fronr the property. FT]RTHER AF'FIANT SAYET}I NOl'. DATED this 26th day of March.2A2l COLLIER COU:.I-'IY, f LORI DA IIEARING OF THE SPHCIAI. MACISTRATE \ 0fficial STATE OF FLORIDA COI,.,NTY OF COI.,LIER .f Sworn to affirmed) and subscribed before me by nreans of this of Y L\\. 202I try Joseph Mucha presence or _ online notarization,"{nyri"ut v of Notary Public) (PrinUType/Stamp Commissioned Name of Notary Public) CRISTINA B, PERTZ Notary Pubtic - State of Florida Commlssion f GG 2153{7 $y Comm. trpirer Oct 18, ?0?? Eonded through Nationdl No(ary A3r,r, Personally knorvn i 16.A.8.a Packet Pg. 684 Attachment: Backup Documents (15628 : BCC v. Deri Clark) rNSTR 5665876 oR 5593 PG 3648 RECoRDED L/29/2OL9 4:38 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 Ys. COLLTf,R COI]NTY CODA ENFORCEMENT SPECIAL MAGISTRATE Case No. - CEV20180002815 BOARD OF COI'NTY COMMISSIONERS COLLTER COT.INTY, FLORIDA, Petitioner, DERTCLARK, Respondents. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: having heard argument and Order of the Special l. On July 6,2018,,llier County Code of Laws and Ordinances, Chapter 130,inoperable vehicles and unregi stered parked vehicles violation occurred on the property located at 15081 OAK TREE DR,No. 00767520001 (Legal Description: 20 5l 27 BEG NW CNR SEC 20, S 209.84FT, E 632.35FT TO POB, S I35FT, W 12OFT, N I35FT, E 120FT TO POB .37 AC OR 672 PG l2o7). .,An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 5, 2018, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5535, PG 3794). Operational costs of $111.95 incurred by the County in the prosecution of this case were ordered to be paid. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did appear at the public hearing, and no legal defense to the Motiorl was presented. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. The violation has not been abated as ofthe date ofthe hearing. J 4. 5. 6. guilty of 16.A.8.a Packet Pg. 685 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5593 PG 3649 ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted. Daily fines of$50.00 per day are assessed against Respondent for 47 days for the period from August 6, 2018 to September 21, 2018, for a total amount of fines of $2,350.00 Respondent shall pay the previously assessed operational costs in the amount of $1 I 1.95. Respondent shall pay operational costs for the Imposition of Fines Hearing in the amount of $l I 1.80. Respondent is ordered to pay fines and costs in the total amount of $2.573.75 or be subject to A. B. C. D. E. Assessment of Lien against F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AIID ORDERED this F'lorida. ENFORCEMENT PAYMONT 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 salisfaction of the obligatiorrs of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thimy (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. lt is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. rnd fr Collia County ir a bua and I'rcct Notice of Florida. by Respondent in Collier County, to accrue until Clcrk I 1 16.A.8.a Packet Pg. 686 Attachment: Backup Documents (15628 : BCC v. Deri Clark) *** OR 5593 PG 3650 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mailto Deri Clark at I 508 I Oak Tree Dr. Naples, FL 341 I 4 this q day of 19. RECEIVEDJAN2S20lg I Itt I I 16.A.8.a Packet Pg. 687 Attachment: Backup Documents (15628 : BCC v. Deri Clark) INSTR 5590224 oR 5535 PG 3794 RECoRDED 7/24/2OLg 10:51- AM pAGEs 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $35.50 COLLIER COI'NTY CODE ENF'ORCEMENT SPECIAL MAGISTRATE Case No. - CEV20180002815 BOARD OF COT]NTY COMMISSIONERS coLLrER COITNTY, FLORITIA, Pctitioncr, DERI CLARK, Respondent. THIS CAUSE came Special Magistrate, having to all appropriate matters, follows: I vs. on July 6,2018, and the I 2 heard argument respective of the Special Magistrate, as Respondent, Deri Clark, is Respondent was notified ofthe mail and posting and the Special Magistrate has jurisdiction of this matter, 3. Respondent, having been duly notified, did not appear at the public hearing but entered into a stipulation. 4. The real property located at 15081 Oak Tree Dr., Naples, Floridq Folio No. 0076752000I (Legal Description: z0 5127 BEG Nw cNR sEC 20, s 209.84FT, E 632.35FT To poB, s l35FT, w l20FT, N l35FI, E l20FT TO POB .37 AC OR 672 PG 1207), is in violation of Collier County Code of Larvs and Ordinances, Chapter 130, Article III, Section 130-95, in the following particulars: . Inopcrable and unrcgistcred vchicles parkcd tbroughout thc property. 5. The violation has not been abated as ofthe datc ofthe public hearing, 16.A.8.a Packet Pg. 688 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5535 PG 3795 ORDER Based upon the foregoing Findings ofFact and Conclusions ofLarv, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0744, as amendcd, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of [aws and Ordinances, Chapter 130, Article III, Section 130-95. B. Respondent must abate the violation by obtaining and aflixing a current valid license plate to each vehicle not stored rvithin the confines of a completely enclosed structure, or store said vehicles within a completely enclosed structure, and/or repair defects so vehicles are immediately operable or remove offending vehicles from residentially zoned area on or before August 5,2018 or a fine of $50.00 per day rvill be imposed for each day the violation remains thereafter. C. If Respondent fails to comply with lhis Order, the Collier County Code Enforcement Department may abate the viotation using any method to bring the violation into compliance. If necessary, the County may request the services of Office for the purpose of accessing the property for properqy. shall be assessed against the D. Respondent is ordered of this case in the amount of Sf I1.95 on or before E. Respondentshall notiS hours of abatement or compliance so that a liance. DONE AND ORDERED this County, Florida. CODE ENTORCEMENT C. PAYMENT OF FINES-i Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naptes, FL 34104, phone # (239)252- 2440 or www.colliergov.net. Any retease of lien or confirmation of compliance or confirmation of the satisfaction ofthe obligations of this order may also be obtained at this location. APPEAL-i Any aggrieved purty may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of tle execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created rvithin the original hearing. It is the responsibility of the appealing party to obtain a transcribed rccord of the hearing from the Clerk of Courts. Filing an Appeal rvill not automaticatly stay lhe Special Magishate's Order. CERTIFICATE OF SERVICE COLLIER of I HEREBY CERTIFY'that-aiiue and corlect copy of this ORDER 15081 Oak Trce Dr., Naptes, FL 341I this l0 aay of futy ZOtS. has been sent by U. S. Mail lo Deri Clark at 16.A.8.a Packet Pg. 689 Attachment: Backup Documents (15628 : BCC v. Deri Clark) oR 5535 PG 3796 St.ite ol Flonda CountY of COLLIER I HEREBY CERTIfY THAT this is a true and corrcct coPY of Board litntrtes AND COMPTROLLER 16.A.8.a Packet Pg. 690 Attachment: Backup Documents (15628 : BCC v. Deri Clark) *** oR 5535 PG i79? **$ BOARD dF COUNTY COMMISSIONERS Collier County, Florida #sJ Petitioner, vs. DeriClark Respondent(s) Case No. CEV201 8000281 s coMEs Now' the undersigned' Deri clark on behalf of.hifi€€.rf-or hcrxtfas representative for RespondentilH[Ti;::XiTilX3:E'5rreig#'#;[*ild"y,'?'ffiy ":;BlB: reso,ution orNotices oivioi"tion in STIPULATION/AGREEMENT ln consideration of the disrposition and resolution of the matters ouilined in said Noti ce(s)of Violation for whichcheduled for ; to promote efficiency in the administratio nof the code e nforcement agree as follows: a guick and expeditious resolution of thd matters ouilined therein the pa rties hereto1) The violations noted in the referenced accurate and I stipulate to their existence.The violations are of Collier , Chapte r 130, Article lll,Section 130-95 THEREFORE, it is agreed between a hearing process; 2) 3) r is currently s, and to obtain 1) Pay operational costs in tdays of this hearing.2) Abate ail viotationJby: area within?odays of thisabated. tion of this case within 30 not stored within the confines of aly enclosed structure, and/ordingvehicles from residentia lly zonedwill be imposed until the violation is Dirrector Department cu is (sign)or For (prirt VA tid calicen store sa 'd veh operable or fine of $S0 Lr or -)o Date REV 1/2/r3 a site inspection to confirm Obtaining and a must notify Code i:#liffJ.abatement or the viotation and request 16.A.8.a Packet Pg. 691 Attachment: Backup Documents (15628 : BCC v. Deri Clark) .-/AAlo, J-l^-.^-Oa*C,{,r,^"**t t-\t-, 5 c g I 0^2(unu L^."*- 'yl ry (p^W s'tttq ,?c(-7 P*tf I Yk, affie1"-,!-- A^U aA -a. )44"^ (-ff"{ r--4,1^"-a/l 4,W tt 7lv 14d,-*'LL/A- E-r.a ['a-,el'.n-o* s ,)Sq- a sr)- .58 4,*-rt., 11il"{,,p tffi- Jr^ JL,.^^, &rn ff ?t^-* paqaA'€$aA_ 16.A.8.b Packet Pg. 692 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) 7n 4- aU**rrL )( c<an (v,1,,t4A- ( Q,4.e,'/.*3o- eoll U q,uaz e-aleez -/.r,a Hn\r:511 l? L;ITZR- lf -th* tA,-{Lc. *,(4,t r/-*t u-t"-t@ G-{zh},z-/ ,1 --d*TLp'(--to /a,l<-.- ieh-.r',/ /-g //44 cZ- ._1,{42 ,/ -4-84/q ) 0 3 \\ rt -t-L/ fl.-r-t<-, /, 7Juub, V'h-nu a1a-'fru- 'A AU; Uo&<,,-TL/' i;; a --:.,2.;.,,-. ,/ 'rrL U/-n* - t*,? (Jzt-zrtl ctA-zr/ , frL/N l< 16.A.8.b Packet Pg. 693 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) a,) / a b,) u,* ,-./r->t-. 7"1,D 3 Ct?z t".t ffi* ,-//4 ALC/-L- )ls 4-' Vn-+1- flO-trl*-- A,nd*f?,/a/U.-dfu-,-rtz,4t- - prL -ehz^.t d*?Ml ADr"t*+ dl-"dZt%+r: = J,Ueruk Atrptl*,'\ ' /tr /'b*-' ' ,1 anlL fTltl-t-lr-'Vzd tu Cz-'tt ,( cc /4e7'*- H *4,(J, >C> | pv.L -UZl-, JleL)t/ A.A ) c r* 0 gtDA-'-: -%z- 2, *r-* 5, /-c"4-t (_4 fu^ h, 16.A.8.b Packet Pg. 694 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) r,w' s*/ q, /s ) -il-'/ rnz- 4-Oc,t4 .,/LA- C /L L ,-,L-cL4'tz, *f)'L /,/ , )f 00, -{4 7.Zz>u''L LLn '0.!"( p-rL?(g . 'Jz.(.x-2.-'7 /3,) -lzt ,/r., / ,1,d.o n/D 3 <--.<.44/' i I iI t i t ! I I t I I t I t It I I I I i i i I I I : I '= 3-/7-; / I 4.1- Cx4-t-CZ- : i : i I i I I I I I I I I I I I l i I i I 1 16.A.8.b Packet Pg. 695 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) AZ fr I / r/, A/&/\_4,O-{-14 ,azzy' 4.ae-z+<- ' 4 a- il*te n* /t L-r wrw:4orr/.-/u*/L,m/-S *zzltzl t ;rL* a /'Q) ) r-/',p/*t l- t.)./V J cJ/*-- L )/." _r- 0<z* aaa*g 7tz-z/ "bn;,b4- u, h-*Xi*----- 4, /s,grJ)- -orlru w t-D N 16.A.8.b Packet Pg. 696 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) ka-M,t, --'(-t// fun <z- 93")Ynu,*? ,4r/,)P,,a/ "rn C.ou.Lrut4 ,bL-t-^e.- d-4-/Lp- a.-L4- s ad-r-z--7' t H4-Z */<13,h 5. &?<- rru? ntz-zZ**cc<ttt 4r*? &rt-t-,-ztts /--'ta bbor- "ji, I45,I 3 l-/ bz- 16.A.8.b Packet Pg. 697 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) .ll-t <^-L t/t--a 6'-rffi y'u---d-" /r ?t'c&-tt 3- J 2l Alo,)0-L 61 )r?afrfc 5, il g b rr./*- 7ry 8.),/jA.J UL- atL/L/- C4 O/'Z // ,-.L4a-l {,a^frz-.Jo t) ,3a"? ) b, ,/:-Zr*,; #* .4 Zr.-l-r-. Cc+<<-f*f rl n4 ftrl ,//*'' L /.?o*:j bu* l9'/-z.X-1* 16.A.8.b Packet Pg. 698 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) lAc,t,-rt+r*nn 31,) 39 t6l%-u t C.O'rtl lz4'r 8--r') 'reL/4- ,1 --/taz/-( ru\p(ht-zt S * 33,) ,/ pztrpasz- *A-L ,4-/-{/n1- 4 tqPc c,ns ghs,*/f 1/r.U / NJ, G,O&^o Arrze/ 7 I 3-30- 6oal /./lLrhz Ct*k aufu 16.A.8.b Packet Pg. 699 Attachment: Hardship Letter (15628 : BCC v. Deri Clark) rNSTR 5665877 oR 5593 PG 3651 RECoRDED L/29/2OL9 4:38 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - C8NA20180002818 BOARD OF COUNTY COMMISSIOII'ERS COLLIf,R COUNTY, tr'LORIDA, Petitioner, vs. DERI CLARIL Respondents. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: having heard argument and Order of the Special l. On July 6, 2018,County Code of Laws and Ordinances, Chapter 54,l8l and Collier County Land Development Code, 04-41, as for having litter and debris throughout the propeft1z, which violation occurred on property located at 15081 OAK TREE DR, Naples, FL, Folio No. 00767520001 (Legal Description: 20 51 27 BEG NW CNR SEC 20, S 209.84FT, E 632.35FT TO POB, S I35FT, W I2OFT, N I35FT, E I2OFT TO POB .37 AC OR 672 PG I2O7). 2.An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 20,2018, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5535, PG 3798). Operational costs of $ I 1 I .85 incurred by the County in the prosecution of th is case were ordered to be paid. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did appear at the public hearing, and no legal defense to the Motion was presented. No Request for Re-hearing or Appeal pursuant to Ordinance 2007 -44, as amended, has been timely filed. J. 4. 5. guilty of 6. The violation has not been abated as ofthe date ofthe hearing. I I 16.A.8.c Packet Pg. 700 Attachment: Lien Orders (15628 : BCC v. Deri Clark) oR 5593 Pc 3652 ORDER Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 200744, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted. Daily fines of$50.00 per day are assessed against Respondent for 32 days for the period from August 2l , 2Ol8 to September 2l , 2018, for a total amount of fines of $ I ,600.00 Respondent shall pay the previously assessed operational costs in the amount of $l I1.85. Respondent shall pay operational costs for the Imposition of Fines Hearing in the amount of $r r r.80. Respondent is ordered to pay fines and costs in the total amount of $1.823.65 or be subject to A. B. C. D. E. Notice of Assessment of Lien Florida. by Respondent in Collier County, F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AND ORDERXD this , Florida. ENFORCEMENT C. PAYMENT OF FII\IES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirly (30) days of the execution of the Order appealed. An appeal shall not be a hearing cle novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing parly 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. fot Collier Cotmty to accrue until is e trus alld consd 16.A.8.c Packet Pg. 701 Attachment: Lien Orders (15628 : BCC v. Deri Clark) *** oR 5593 PG 36,53 *** CERTIFICATE OF SERVICE has been sent by U. S. Mail to Deri Official RECEIVED JAN23 2019 I HEREBY CERTIFY that a true and Clark at I 5081 Oak Tree Dr. Naples, FL 34 I I 4 this day i I 16.A.8.c Packet Pg. 702 Attachment: Lien Orders (15628 : BCC v. Deri Clark) rNSTR 5665876 oR 5593 PG 3548 RECoRDED L/29/2OL9 4:38 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REc $27.00 COLLIER COUNTY COD4 ENFORCEMENT SPECIAL MAGISTRATE Case No. - C8V20180002815 BOARD OF COI]NTY COMMISSIONERS COLLTER COTJNTY, FLORIDA, Petitioner, vs. DERICLARK, Respondents. THIS CAUSE came upon the Petitioner's Motion for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: having heard argument and Order of the Special l. On July 6,2018,County Code of Laws and Ordinances, Chapter I 30,inoperable vehisles and unregistered parked vehicles violation occurred on the property Iocated at 15081 OAK TREE DR, N No. 00767520001 (Legal Description: 20 51 27 BEG NW CNR SEC 20, S 209.84FT, E 632.35FT TO POB, S I35FT, W 12OFT, N I35FT, E 120FT TO POB .37 AC OR672 PG 1207). 2.An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 5, 2018, or a fine of $50.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5535, PG 3794). J 4. 5 Operational costs of $111.95 incuned by the County in the prosecution of this case were ordered to be paid. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did appear at the public hearing, and no legal defense to the Motion was presented. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been timely filed. guilty of 6. The violation has not been abated as of the date of the hearing. 16.A.8.c Packet Pg. 703 Attachment: Lien Orders (15628 : BCC v. Deri Clark) oR 5593 PG 3649 ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED: Petitioner's Motion for Imposition of Fines/Liens is granted. Daily fines of$50.00 per day are assessed against Respondent for 47 days for the period from August 6,2018 to September2l,2018, for a total amount of fines of $2,350.00 Respondent shall pay the previously assessed operational costs in the amount of $l I 1.95. Respondent shall pay operational costs for the Imposition of Fines Hearing in the amount of $l l1.80. Respondent is ordered to pay fines and costs in the total amount of$2.573.75 or be subject to A. B. c. D. E. Notice of Florida. Assessment of Lien against owned by Respondent in Collier County, : ?,, '- F. The daily fine of $50.00 has been confirmed by a Collier County Code DONE AND ORDERED this Florida. ENFORCEMENT G PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de noyo, but shall be limited to appellate review of the record ueated within the original hearing. lt is the responsibility of the appealing pa4y 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. rnd f; Colliu Cu,mty h r tur and rncct to accrue until Clctk 16.A.8.c Packet Pg. 704 Attachment: Lien Orders (15628 : BCC v. Deri Clark) *** OR 5593 PG 3650 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mailto Deri Clark at I 508 I Oak Tree Dr. Naples, FL 341 I 4 this 4 day of 9 Official RECEIVED JAN23 2019 16.A.8.c Packet Pg. 705 Attachment: Lien Orders (15628 : BCC v. Deri Clark) 16.A.8.d Packet Pg. 706 Attachment: Releases (15628 : BCC v. Deri Clark) 16.A.8.d Packet Pg. 707 Attachment: Releases (15628 : BCC v. Deri Clark)