11/2021 Cotter County
Growth Management Department
Code Enforcement Division 110
DATE: November 18, 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.
tin
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colhergov.net
_ +R
CODE ENFORCEMENT—SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
INS T R b1687b1 OR b051 PG 4b$
RECORDED 12/4/2021 1023 AM PAGES 3
BOARD OF COUNTY COMMISSIONERS CLERK OF THE CIRCUIT COURTA G COMPTROLLER
COLLIER COUNTY,FLORIDA, COLLIER COUNTY FLORIDA
REC$27.00
Petitioner,
vs. Case No.—CENA20210004653
AN TRINH and MARIA NGUYEN,
Respondents.
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 November 5, 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. Respondents, AN TRINH and MARIA NGUYEN,are the owners of real property located at
1966 46th Terrace SW,Naples, Florida 34116, Folio No. 35748080001.
2. On September 3, 2021, Respondents were found guilty of violation of the Collier County
Laws and Ordinances, Chapter 54,Article VI, Section 54-179 and the Collier County Land
Development Code 04-41, as amended, Section 2.02.03.
3. An Order was entered by the Special Magistrate ordering Respondents to abate the violation on or
before September 10,2021,or a fine of$100.00 per day would be assessed for any violation that
continues thereafter until abatement is confirmed. (The Order is recorded at Collier County
Records,OR 6016,PG 3953).
4. The violation was not abated for the period from September 11,2021 to September 20, 2021
(10 days), for a total fine amount of$1,000.
5 The violation was abated as of September 20,2021.
6. Previously assessed operational costs of$111.70 have been paid.
7. Respondents, having been duly noticed for the public hearing regarding the County's Motion,
were represented at the hearing by Respondent,AN TRINH,who appeared in person and who
also appeared on behalf of his wife, Respondent, MARIA NGUYEN.
8. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed.
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. Due to the abatement of the violation and payment of the County's previously assessed
operational costs, no additional costs or accrued fines will be imposed.
B. Petitioner's Motion for Imposition of Fines/Liens is DENIED.
DONE AND ORDERED this day of November 2021 at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
A C. GARRET
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.
I,Crystal K.)innet Clork;o-(3otrfs ir..and for Collier C^unty
do Nearby abliEp, 'f''atu i 'ir`!trum,.ntls a trua ai..i correct
copy f'ha t) ' atfil+¢i r C�'lirir C unty,f
By:
Data: ➢�puty Clerk
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 17th day of Nov mber, 2021 to Respondent, An Trinh
and Maria Nguyen, 1020 22"d ST SE,Naples, FL 34117. ------
Code Enforcement ficial
► `IS
Cotter County
Growth Management Department
Code Enforcement Division
DATE: November 4, 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.
. nb`� .
UN
Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net
CODE ENFORCEMENT—SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
INSTR 6156692 OR 6039 PG 2278
BOARD OF COUNTY COMMISSIONERS RECORDED 11/9/2021 10:22 AM PAGES 6
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY,FLORIDA, COLLIER COUNTY FLORIDA
REC$52.50
Petitioner,
vs. Case No.—CEV20210007608
STEPHEN W SCHESSLER,
Respondent.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on October 1, 2021, and
the Special Magistrate, 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 Special Magistrate, as follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondent is the owner of the subject property located at 1216 Rosemary Lane,Naples, FL
34103, Folio No. 70971000004.
2. Respondent, STEPHEN W. SCHESSLER was duly notified of the date of hearing by certified
mail and posting, but was not present at the public hearing, having entered into a Stipulation
resolving all issues between the parties.
3. The real property owned by Respondent is in violation of the Collier County Code of Laws and
Ordinances, Chapter 130,Article III, Section 130-95 and Section 130-96(a); Collier County
Land Development Code 04-41, as amended, Section 4.05.03(A), in the following particulars:
Multiple unlicensed/inoperable vehicles parked on the grass/dirt,commercial
trailer with expired license plate and two RVs with no registration parked in
rear yard.
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. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances,
Chapter 130,Article III, Section 130-95 and Section 130-96(a)and the Collier County Land
Development Code 04-41,as amended, Section 4.05.03(A).
B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$111.70 on or before November 1,2021.
C. Respondent must abate the violation by repairing and/or affixing a current valid license plate
to each vehicle in violation or store these vehicles in a completely enclosed structure,or
remove these vehicles to an area intended for such use on or before November 1,2021 or a
fine of$50.00 per day will be imposed until the violation has been abated.
D. Respondent must abate the violation by removing vehicles parked on the grass/dirt to a
stabilized subsurface base or plastic grid stabilization system covered by surface areas made
of concrete,crushed stone,crushed shell,asphalt,pavers turf parking systems specifically
designated for parking of automobiles not to exceed 40% of the front yard for parking on or
before November 1,2021,or a fine of$50.00 per day will be imposed until the violation has
been abated.
E. Respondent must also abate the violation by relocating recreational vehicles/equipment to an
enclosed structure, rear yard,adjacent to waterway(as permitted),or remove offending
vehicles from the area the violation is vehicles/equipment from area zoned residential,
and/or cease using recreational vehicles for living,sleeping,or housekeeping purposes on or
before November 1,2021,or a fine of$50.00 per day will be imposed until the violation has
been abated.
F. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
G. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division
may abate the violation using any method to bring the violation into compliance and if necessary,
County may request the services of the Collier County Sheriff's Office in order to access the
property for abatement. All costs of abatement shall be assessed against the property owner
and become a lien on the property.
DONE AND ORDERED this \cday of October 2021 at Naples,Collier County,Florida.
/0��,�'' COLLIER COUNTY CODE ENFORCEMENT
i.. "'•••:. SPECIAL MAGISTRATE
I,Crystal K. zel, of CotlaaanclioliA.ollier
doh rhy c:sat tide i,,Atruco,,Aisktrua a,. correct
copy of:'e o i fit I F1
e ty Clerk � ( M
t.
Da:— `,.•4` B!. 1 A C. 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 Courts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEV20210007608
Stephen W. Schessler
Respondent,
STIPULATION/AGREEMENT
Before me, the undersigned, Stephen W. Schessler, on behalf of Stephen W. Schessler, enters into this
Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case)
number CEV20210007608 dated the 26th day of July 2021.
This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be
heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or
representative attend the Hearing.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for October 1, 2021; 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 violation of, (1) Multiple unlicensed/inoperable vehicles parked on the grass/dirt. (2) Commercial
trailer with expired license plate. (3) Two RVs with no registration parked in rear yard, as noted in the
referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly
notified pursuant to Florida Statute 162.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
A. Repair and/or affix a current valid license plate to each vehicle in violation, or store these
vehicles in a completely enclosed structure, or remove these vehicles to an area intended
for such use within 30 days of this hearing or a fine of $50.00 per day will be imposed until
the violation is abated.
B. Remove vehicles parked on the grass/dirt to a to a 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 parking of
automobiles not to exceed 40% of the required front yard within 30 days of this hearing or a
fine of$50.00 per day will be imposed until the violation is abated.
C. Relocate recreational vehicle(s)/equipment to an enclosed structure, rear yard, adjacent to
waterway (as permitted), or remove offending vehicle(s)/equipment from area zoned
residential, and/or cease using recreational vehicle for living, sleeping, or housekeeping
purposes within 30 days of this hearing or a fine of $50.00 per day will be imposed until the
violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal
holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner.
REV 3-29-16
� S
Respondent or Represen ativ ign) , Supervisor
for Mic el Ossorio, Director
Code Enforcement Division
U es 0- r - ?:
Respondent or Representative (print) Date
3e) 2/
Date
REV 3-29-16
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this 1 1th day of October, 2021 to Respondent, Stephen W
Schessler, 1216 Rosemary LN,Naples, FL 34103. 2?- kiV/Icmuy-)V
�,47
Code Enforcement Official