05/2021 Colter County
gale
Growth Management Department
Code Enforcement Division
DATE: May 24, 2021
TO: Minutes & Records, Bldg F 4th Floor
FROM: Elena M. Gonzalez, Code Enforcement
RE: Special Magistrate Orders
Please find attached the orders issued by the Special Magistrate.
I respectfully request that your office certify all documents contained herein
and then forward the document, with this memo, to the Recording
Department for official recording.
Recording Department Instructions:
Please record all documents contained herein as Orders, and return the
originals to the Minutes and Records Department.
Please send a statement of all recording fees so that I may charge the
appropriate parties. The Code Enforcement Cost Account is 111-138911-
649030.
Elena M. Gonzalez, Code Enforcement Specialist
Collier County Code Enforcement
Growth Management Building
Thank you all very much for your assistance. Should you have any questions
or require additional information, please do not hesitate to contact me at 252-
2496.
0
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•w,hv.colliergov net
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE INSTR 6067553 OR 5954 PG 3711
RECORDED 512712021 9:28 AM PAGES 3
E2T)CEF$1
UITCOURT AND COMPTROLLER
LORIDACase No.—CEA20210003472 7 0 .00
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
MARIO ANTONIO GUTIERREZ RUIZ,
KARLA MARIA MELARA RODRIGUEZ
and SERGIO CANU DUENAS,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate May 7, 2021, and the
Special Magistrate, having heard testimony under oath, received evidence and heard argument respective
to all appropriate matters,hereupon issues her Findings of Fact,Conclusion of Law and Order of the Special
Magistrate, as follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondents are the owners of the real property located at 5308 Cypress Lane,Naples,Florida
34113, Folio No. 60782760006.
2. Respondents, MARIO ANTONIO GUTIERREZ RUIZ,KARLA MARIA MELARA
RODRIGUEZ and SERGIO CANU DUENAS,were duly notified of the date of hearing by
certified mail and posting, but were not present at the public hearing.
3. The real property of the Respondents is in violation of the Collier County Land Development
Code 04-41, as amended, Section 2.03.02(B)(1)(d), in the following particulars:
Multiple fowl(chickens and/or rooster) being
kept on property in a residentially zoned area.
4. The violation had not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondents are found guilty of violation of the Collier County Land Development Code 04-41,
as amended, Section 2.03.02(B)(1)(d).
B. Respondents are ordered to pay operational costs for the prosecution of this case in the amount
of$111.65 on or before June 7,2021.
C. Respondents must abate the violation by removing all prohibited animals from residentially zoned
property on or before May 14,2021 or a fine of$50.00 per day will be imposed until the
violation is abated.
D. Respondents shall notify the Code Enforcement Investigator when the violation has been abated
in order for the County to conduct a final inspection to confirm compliance.
E. If Respondents fail to comply with this Order,the Collier County Code Enforcement Division
may abate the violation using any method to bring the violation into compliance. If necessary,the
County may request the services of the Collier County Sheriff's Office to enforce the provisions
of this Order. All costs of abatement shall be assessed to the property owner and may become a
lien against the property.
DONE AND ORDERED this 11-Kk day of May 2021 at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
* 3101A
DAC. GA', SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252-
2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Court .,,L i4 an Appeal will not automatically stay the Special Magistrate's Order.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this Aay of May, 2021 to Respondent(s), Mario
Antonio Gutierrez Ruiz, Karla Maria Melara Rodriguez, and Sergio Canu Duenas, 530 Cypress Ln,
Naples, FL 34113.
Code Enforcement fficial
COLLIER COUNTY CODE ENFORCEMENT INSTR 6067554 OR 5954 PG 3714
SPECIAL MAGISTRATE RECORDED 5/27/2021 9:28 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Case No.—CEPM20200010446 REC$27.00
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
PHYLISS WESTMORELAND,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion
for Imposition of Fines/Liens on May 7, 2021, and the Special Magistrate, having heard argument
respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order
of the Special Magistrate, as follows:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. Respondent,PHYLISS WESTMORELAND, is the owner of real property located at 409 Taylor
Street, Immokalee, Collier County, Florida 34142, Folio No. 130160001, on which the violations
occurred.
2. On November 6,2020 Respondent was found guilty of violation of the Collier County Code of
Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), Section 22-242, Section 22-
231(9), Section 22-231(12)(b), Section 22-231(12)(c), Section 22-231(12)(i)and Section 22-
231(n).
3. An Order was entered by the Special Magistrate ordering Respondent to abate the violations on or
before December 6, 2020 or a fine of$250.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (The Order is recorded at Collier
County Records,OR 5864,PG 2709).
4. The violation was not abated for the period from December 7, 2020 to March 24, 2021 (108
days), for a total fine amount of$27,000.00.
5 The violation was abated as of March 24,2021.
6. Operational costs of$111.80 incurred by the County in the prosecution of this case have not
been paid.
7. Respondent,having been duly noticed for the public hearing regarding the County's Motion,was
not present at the public hearing.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
B. Fines of$250.00 per day are assessed against Respondent for the period from December 7,
2020 to March 24, 2021 (108 days) for a total fine amount of$27,000.00.
C. Respondent is ordered to pay previously assessed but unpaid operational costs of$111.80.
D. Respondent shall pay operational costs for today's Imposition of Fines/Liens hearing in the
amount of$111.85.
E. Respondent is also ordered to pay the amount of$6,834.00 in demolition costs incurred by the
County in abating the violation upon Respondent's failure to do so in a timely manner.
F. The total amount of fines and costs assessed to Respondent is $34,057.65,which the
Respondent must pay or be subject to Notice of Assessment of Lien against all non-homestead
properties owned by Respondent in Collier County, Florida.
DONE AND ORDERED this day of May 2021 at Naples,Collier County,Florida.
'" COLLIER COUNTY CODE ENFORCEMENT
I.Crystal KNirrtel,Clerk of darts' and for ,oilier C^unty SPECIAL MAGISTRATE
do hearty:.eriify,:iat the all( ;f afurr t is a true ai.J correct
copy,l• tiik d iJr b G.,n t F. da w Y� ►�� r Deputy Clerk
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239) 252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and co copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this t41.9 day of May, 2021 to Respondent(s), Phyliss
Westmoreland,409 Taylor St, Immokalee,FL 34142.
COM°1(11
Code Enforcement Official
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE INSTR 6067555 OR 5954 PG 3717
RECORDED 5/27/2021 9:28 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Case No.—CEPM20200006589 COLLIER COUNTY FLORIDA
/ REC$27.00
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
EUGENE KOESSLER,
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion
for Imposition of Fines/Liens on May 7, 2021, and the Special Magistrate, having heard argument
respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order
of the Special Magistrate, as follows:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. Respondent,EUGENE KOESSLER, is the owner of real property located at 1130 Augusta Falls
Way,Naples, Collier County, Florida 34119, Folio No. 22540000548, on which the violations
occurred.
2. On October 2, 2020 Respondent was found guilty of violation of the Collier County Code of
Laws and Ordinances, Chapter 22, Article VI, Section 22-231(15).
3. An Order was entered by the Special Magistrate ordering Respondent to abate the violations on or
before October 9, 2020 or a fine of$250.00 per day would be assessed for each day the violations
continue thereafter until abatement is confirmed. (The Order is recorded at Collier County
Records,OR 5841,PG 3282).
4. The violation was not abated for the period from October 10, 2020 to March 18,2021 (160 days),
for a total fine amount of$40,000.00.
5 The violation was abated as of March 18,2021.
6. Operational costs of$111.70 incurred by the County in the prosecution of this case have not
been paid.
7. Respondent, having been duly noticed for the public hearing regarding the County's Motion,was
not present at the public hearing.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
B. In consideration of the abatement of the violation prior to the date of the hearing,the Respondent
is ordered to pay a fine of$250.00,with no additional accrued daily fines imposed.
C. Respondent is ordered to pay previously assessed but unpaid operational costs of$111.70.
D. Respondent shall pay operational costs for today's Imposition of Fines/Liens hearing in the
amount of$111.80.
E. The total amount of fines and costs assessed to Respondent is $473.50,which Respondent
must pay or be subject to Notice of Assessment of Lien against all non-homestead properties
owned by Respondent in Collier County, Florida.
DONE AND ORDERED this 11141 day of May 2021 at Naples,Collier County,Florida.
�ti•' •. COLLIER COUNTY CODE ENFORCEMENT
17'`"'" `"'s 4 SPECIAL MAGISTRATE
I,Crystal iC V(mz �GlOiiff Ctl r and-ler iollier County
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do h �`,�,,trtify" t the ea c.g ast tmanf1 a trua at i correct
p f he rig' I filed i r;ier t.%.a
Deputy Clerk
Dal...
``> B NDA C. G SON
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239) 252-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this (Qay of May, 2021 to Respondent(s), Eugene
Koessler,4659 Winding Woods Ln,Hamburg,NY 14075.
1 COL/Yr(Sk
Code Enforcement Official