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07/2021 Cotter 7cr County 9..•1 Growth Management Department Code Enforcement Division DATE: July 16, 2021 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. 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 to: Helen Buchillon Administrative Secretary Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 1 1 1-1 3891 1-649030. 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: 239-252-5892. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.CESD20190004530 BOARD OF COUNTY COMMISSIONERS INSTR 6102632 OR 5988 PG 1381 RECORDED 7/27/2021 12:03 PM PAGES 2 COLLIER COUNTY,FLORIDA, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Petitioner, REC$18.50 vs. Penny J.Estes and Timothy W. Estes, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on January 28, 2021,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT I. On January 24,2020,the Code Enforcement Board issued a Findings of Fact,Conclusion of Law and Order, recorded at OR 5727 PAGE 2790. The Respondents, Penny J. Estes and Timothy W. Estes, were found guilty of violating Sections 10.02.06(B)(1)(a) and 10.02.06(B)(l)(e)(i) of the Collier County Land Development Code, Ord. No. 04-41, as amended, on the subject property located at 1735 19`h St. SW, NAPLES,FL 34117,Folio No.45967320008(Legal Description:GOLDEN GATE EST UNIT 195 TR 83), hereinafter referred to as the"Property,"in the following particulars: Unpermitted improvements to an existing structure including, installation of an air conditioning system,improvements to existing electrical and the installation of plumbing. 2. The violation has been abated as of October 30,2020. 3. Respondents, having been notified of the date of hearing by certified mail,posting and/or personal service, did not appear at the public hearing; however, Respondents presented correspondence documenting the Respondents' diligent efforts to pursue abatement of the violations and requesting fines be waived. 4. All operational costs previously incurred by Petitioner in the prosecution of this case have been paid. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Respondents have demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2),Florida Statutes,to abate all fines and costs accrued against Respondents. ORDER Page 1 of 2 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County, Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is DENIED. B. No accrued fines and/or costs shall be imposed against Respondents. DONE AND ORDERED this . day of—cq.4. - 4 ,2021 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIE• ApoY. FLORI P A STATE OF FLORIDA F� 'air 0.7 COUNTY OF COLLIER � ' The foregoing instru ent was acknowledged before me by means ok physical Presence or 0 online notarization, this I\ day of (pykiAQc4 ,2021,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County, Florida. 4 14Personally Known OR ❑ Produced Identification 1/1; Type of Identification Produced Signature of Notary Public-State of Florida F0.3 °-c, HELEN BUCHILLON , , ' .Cmm�ission#GG 104629 Commissioned Name of Notary Public Eo es May 15.2021 (Print/Type/Stamp) < _ .,.,,•t Notary senike. PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.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 Board 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 this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Penny J. Estes and Timothy W. Estes, 1735 19'''St. SW,NAPLES,FL 34117,on ��,JQ(_ -"( j 1 .2021. & J LL •` ~` Code Enforcement Official -(,`Crystal K.Kingel,Clew•f V:As i-and for Collier Caunty Rio hea y.,artily olat 1F%' 'e. strument is a true a I correct o •"gin I filedtn .r"Corn , orid Deputy Clerk Page 2 of 2