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Agenda 12/14/2021 Item #16A14 (Release of Code Enforcement Liens)12/14/2021 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with a value of $35,323.50 for payment of $723.50 in the code enforcement action entitled Board of County Commissioners v. Peter A Atsales, relating to property located at 743 Provincetown Drive, Collier County, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $35,323.50 for payment of $723.50, in relation to Code Enforcement Special Magistrate Case No. CESD20190008879. CONSIDERATIONS: When the subject property was owned by Peter A. Atsales, the Code Enforcement Special Magistrate ordered the imposition of a code lien on the property, due to a code violation. The lien was for a violation consisting of replacing the roof prior to obtaining required permits. The lien was recorded on December 21, 2020, at O.R. Book 5864, Page 1235. The current lien amount is $35,323.50, based on 351 days of accrued fines ($100 per day from April 8, 2020, through March 24, 2021) totaling $35,100 and $223.50 in operational costs. The property was brought into compliance on March 24, 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. The Reverend Atsales hired a project manager to replace the roof of his home based on his limited ability and required construction knowledge to complete the project. After the project started, it was discovered that the contractor was not licensed, and the required permits were not obtained. Later, when Mr. Atsales received the Notice of Violation, he was reassured the issues were taken care of and all fees had been paid. The project manager is currently under investigation by Contractor Licensing and the State Attorney's Office for unlicensed activity. Sadly, the actions and misinformation of an unlicensed contractor caused a lien to be placed on the home. It took a substantial amount of time and money with expenses totaling over $40,000 to replace the roof and bring the property into compliance. There was extensive follow up with Code Enforcement and permitting departments due to permit fees, and inspections to come into compliance. The property is being actively maintained, and the owner has paid $723.50 in settlement of fines. The owner is requesting a waiver of $34,600 in accrued fines, see attached hardship letter as required. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $723.50 in settlement of fines has been received. If approved by the Board, accrued fines in the amount of $34,600 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 remaining fines in the amount of $34,600, accept payment amount of $723.50, and authorize the Chair to sign the attached release and satisfaction of liens for recording in the Official Public Records. Packet Pg. 879 12/14/2021 Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Backup Documents (PDF) 2. Owner Letter (PDF) 3. Lien Order (PDF) 4. executed release (PDF) Packet Pg. 880 16.A.14 12/14/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.14 Doe ID: 20614 Item Summary: Recommendation to approve the release of a code enforcement lien with a value of $35,323.50 for payment of $723.50 in the code enforcement action entitled Board of County Commissioners v. Peter A Atsales, relating to property located at 743 Provincetown Drive, Collier County, Florida. Meeting Date: 12/14/2021 Prepared by: Title: — Code Enforcement Name: Dana Rarey 11/10/2021 4:50 PM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 11/10/2021 4:50 PM Approved By: Review: Code Enforcement Growth Management Department Code Enforcement Growth Management Department County Attorney's Office Office of Management and Budget County Attorney's Office Office of Management and Budget County Manager's Office Board of County Commissioners Michael Ossorio Additional Reviewer Lissett DeLaRosa Growth Management Department Colleen Davidson Additional Reviewer James C French Growth Management Colleen Kerins Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Laura Zautcke Additional Reviewer Geoffrey Willig Level 4 County Manager Review Geoffrey Willig Meeting Pending Completed 11/12/2021 11:43 AM Completed 11/12/2021 12:36 PM Completed 11/15/2021 9:15 AM Completed 11/16/2021 5:09 PM Completed 11/19/2021 9:52 AM Completed 11/19/2021 10:00 AM Completed 11/19/2021 11:34 AM Completed 11/19/2021 2:36 PM Completed 11/29/2021 11:12 AM 12/14/2021 9:00 AM Packet Pg. 881 16.A.14.a Peter A. Atsales CESD20190008879 743 Provincetown Drive Naples, FL 34104 Folio # 60530006048 Replacing roof without first obtaining a permit Order Items: $100/day fine x 213 days (April 8, 2020 —November 6, 2020) = $21,300.00, plus operational costs of $223.50 Total Fines: $21,523.50 FOF Order OR 5755/PG 1570 recorded on April 24, 2020 IOF Order OR 5864/PG 1235 recorded on December 21, 2020 Violation abated: March 24, 2021 Fines accrued after IOF: Order Items: $100/day fine for 138 days (November 7, 2020 — March 24, 2021) = $13,800.00 Total Fines Owed: $35,323.50 Deed recorded on 2/27/03, and case is in compliance as of 3/24/21 Fines for Owner: $35,323.50 Offer of settlement: $723.50 ($500 fine + $223.50 costs) Owner with Hardship ACCRUED VALUE: $35,323.50 PAYMENT OF: $723.50 TOTAL FINES TO BE WAIVED: $34,600.00 Packet Pg. 882 16.A.14.a Receipt Number: Transaction Number: Date Paid: Amount Due: Payment Details: Amount Paid: Change / Overage: Contact: FEE DETAILS: Operational Costs (SM) Special Magistrate Operational Costs (SM) Cashier Name: Batch Number: Entered By: Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT 2021891852 2021-089785 10/06/2021 $21,523.50 Payment Method Amount Paid Check Number Check $723.50 2587 $723.50 $0.00 AT SALES TR, PETER A UTD 9/22/99 743 PROVINCETOWN DR NAPLES , F'L 34104 Reference Number Original E" CESD20190008879 $111.70 CESD20190008879 $21,300.00 CESD20190008879 $111.80 AlinaHarris 10414 ElenaGonzafez Amount GL Account Paid $111.70 111-138911-343922 $500.00 111-138911-343922 $111.80 111-138911-343922 Packet Pg. 883 Collier County Property Appraiser Property Summary Site 743 Parcel No 60530006048 Address PROVINCETOWN Site City NAPLES *Disclaimer DR Name / Address ATSALES TR, PETER A UTD 9/22/99 743 PROVINCETOWN DR 16.A.14.a Site Zone 341 *Note City NAPLES State FL Zip 34104-8746 Map No. Strap No. Section Township Range Acres *Estimates 51305 491200 385B05 5 50 26 0.18 a Legal MONTCLAIR PARK NORTH LOT 38 Q Q Mills a Area 0 266 Millagg Rates 0 *Calculations L Sub./Condo 491200 - MONTCLAIR PARK NORTH School Other Total a Use Code 0 1 - SINGLE FAMILY RESIDENTIAL 4.889 6.5335 11.422! Latest Sales History 2021 Preliminary Tax Roll c.� m (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 68,4 o 02/27/03 3227-3497 $ 0 (+) Improved Value $ 229,C v 08/21/98 2453-2025 $ 200,900 (_} Market Value $ 297,4 4 11/26/96 2254-2276 $ 350000 (_) Save our Home $ 30,C 08/05/94 1973-1939 $ 1,800:000 (_} Assessed Value $ 267,3 E 08/01/94 1973-1930 $ 1,800,000 (_) Homestead _ $.,5`.0 o (-) idow(e'r) $ Y (_) School Taxable Value $ 241,E m Additional Homestead 25,C Taxable Value $ 216,E E If all Values shown above equal 0 this parcel was created after th 0 Final Tax Roll R Q Packet Pg. 884 Property Informatioti 16.A.14.a Parcel No. 05366066048 Property Owner' ATSALES TRH; PETM A ## 22199 Add ; Owner ATSALES TR, PETER A TAD 9122/99, Add Lattcsn [isricrr, w._;Historic Address(es) 743 Pro vincetow ri CAR, Single Family, Naples � i I Historic Owner ATSALES TR., PETER A TAD 9/22/99, Add 743 Provincetovtn DR t ... Historic Owner AT SALES TR, PETER A UTD 9/22199, Ad _ _ .... p1-F S_tk REIE R -A-LE lM 9 `_ e=n this Petv Open "�,,erts: I Fees Show Me All related tees (Property) _ � r Referi rice l�un=her �....__ F , ,Te Add a new person or business ? :.wn-,ount Paid to Address Book Refresh Gate Far A. GES02r3I900Q B' Operational osts (SM) $ 111.70 $ 0.00 CESD20190008S79 Special l"la0istrate 5 21,300.00 5 0.00 CESG2�t1�00u38?9 operational Costs (SMt) $ 111 EO c, :7,00 j CESD20190008879 .... ...... See: ial magistrate ... ........ .... _ __.. ......... .... ,................................. ................... $ 13,800.00: _... ....__...._. ......,..;., 0.00 _. _..... ,...._. .. ___...._ .. R .._ .... ............ PRHV20121124534 Mechanical Fee Res or Cosa- Application (Valuation <$ $ 50.00 ' $ 50,00 12104. 2-012 ' r PRHV20121124E84 Inspection Fee .................. ........... $ 60.00 _. s 60.00 12/04/2012 ' Q Q PRH'L12.0121124584 BCA1 .... , . .... ......... .................. _........., ,...,.,.,.,.,.,................................. ,.... $ 2 00 ; ,.. S 2.0t� 12/04/2012 d PRHV20121124584 DCA $ 2.00 S —fin 12104/2012 ' '�, d PRHV20190521208 Air Conditioning Change out Processing Fee $ 15.00 _ 5 15,cicC 05/21/2019 c,, IL PRHV 201905411208 Inspection Fee ._ . $ 45 00 ....., ..,._............ .......... . 45.00 05;'21,12019 ' PPH�i20190521205 BCA,I $ 2.0fl S 2.00 05121/2019 ; P>tH%'20190521208 ...... ............ _...... ....._............,_. DBFRSurcharge . $ 2.00 .......... 5 2.00 05/21/2019 - m PRHV20190521208 Inspection Fee .................................................... ....._ ...._......... $ 0.00 $ 0.00 PRBD2020rj414656 Structural - Application Fee $ 50.00 ' $ 50.00 05104/2020 I W PRBD20100414656 Inspection Fee $ 90.00 S 9r?,0cj 1"15104/2020 ;04 CD PRBD20200414656 ............. ._. _ Structural - Review Fee 5 50 00 ! S 50.00 �J5104f2020 Amount Owing / Amount Paid f $35,323,501 $467.85 Description OSM ops ccrsts.EMG Quantity 1.00� Entered By Elena Gonzalez Date Due Fee Payable'> Fee Paid? Crate Entered 02/10/2020 � Payments Paid By / To Packet Pg. 885 Rai, 3136019 OR; 3227 PG; 3497 11 Will A MAL1S RICORDID in the 01FICIAL IICORDS of COLLIER COOftf, It 143 rROVINWOU DR 02127/2003 at 01:40PM DVIGIN 1. BIOCR, CAA MC ill 10.50 MAPLIS It 34104 D C-.70 ,10 This Instrument Prepared by and Can Be Returned to: S. Thomas Ullman, Esquire 2069 First Street, Suite 306 1Mffl�OlJT7iT1.E EXAI 4ATION Fort Myers, Florida 33901 Telephone: 239-332-3719 T THIS1�A1 1 NTY DEED, Executed this _ day of 661' . 2003, by PETER A. ATSAL15p4nd LUCY E. ATSALES, husband and wife, first party, to PETER A. ATSALES, as Trustee of that ceRalp-isvocable Living Trust Agreement dated 9/22/99, as amended and restated, with full power and auth�eti�Iy either to protect, conserve, and to sell or to lease, or to encumber or otherwise to manage erxf''dispose of any real property described herein, and whose post office address is:743 PROVINCETOWN DOVE, NAPLES, FL 34104, second party. The interest of beneficiaries in the Trust is solely personal property. The first party, for and inconsideration of the sum of $10.00 in hand paid by the said second party, does hereby assign the following described land, situate, in the County of Collier, State of Florida, to wit: LOT 38, MONTCLAIR PARK 'NORTH IN ACCORDANCE WITH THE PLAT THEREOF, A8 RECORDED P T BOOK 18, PAGES 29 a so OF THE PUBLIC RECORDS OF COLLIER CQ FLORIDA. RESERVING A LIFE ESTATE`UNTO THE PARTY OF THE FIRST PART. f f TO HAVE AND TO HOLD the same logo '-with all the estate, right, title, interest, lien, equity and claim whatsoever of the said first party, :0)a in I w or equity, to the only proper use, and ber*fit of the said second party. First party fully warrants'th pe to said land. IN WITNESS WHEREOF, the said first party and year first above written. Signed, sealed and delivered in presence of: -------- 4tness Signahire for Both Painted Name of - Witness Signature for Both [,✓/A N'CsQlEs -- Printed Name of Witness and sealed these presents the day PETER A. A I 0 i 4 — . L's g 't.-6, LUCY E. ATSALES, BY PETER A. ATSALES PURSUANT TO POV OF ATTORNEY c a� E U 0 0 a U M co U a I Parkat Pn_ RR6 I 16.A.14.a *** OR: 3227 PG: 3498 *** STATE OF FLORIDA ) COUNTY OF COLLIER ) I HEREBY CERTIFY that on this date, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared PETER A. ATSALES, to me well known to be the person(s) described in and who executed the foregoing instrument, and acknowledged before me that the same was executed freely and voluntarily for the purposes therein expressed. WITN jS tf'iy,hand and official seal in the County and State last aforesaid this dG day of f A.D., 2003. Btu of Notary uWic - State of'Florida p. Bcrboco �,f Spe+ • ;�� MYCOMMIS" * DD M I, i POS Printed Name of Notary—�i �--- 6 ° ` WY FIN NSLUKE W. Personally Known u ait•,h Type of Identification Packet Pg. 887 16.A.14.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. ATSALES TR, PETER A UTD 9/22/99. Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE, NO. CESD20190008879 BEFORE: ME, the undersigned authority, personally appeared John Delia VEN, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on February 07, 2020, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate al I violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 5755 PG 1570 . 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on March 24'h 2021. 4. That the re -inspections) revealed that the corrective action ordered by the Special Magistrate was in compliance by permit # PRBD2020414656 being on March 20,2021. FURTHER AFFIANT SAY ETH NOT. DATED this 20 day of April, 2021. COLLIER COUNTY, FLORIDA 7CJ OF HE SP L MAISTRA")'E ohn Delia OF Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of Y physicaI presence or online notarization, this 2U day of /q pr E I , 20AIby John Delia VEN (Signature of Notary Public) . , Co. _ s�; ,, GG 307714 Expires March d, 2023 SoWedd Thn, jet t4a y moo$ (Print;'T'ypelStamp Commissioned Name of Notary Public) Personally known N' Packet Pg. 888 16.A.14.a INSTR 5973147 OR 5864 PG 1235 RECORDED 12/21/2020 11:20 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CESD20190008879 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. PETER A. ATSALES, Respondent." -r .. CC:J, THIS CAUSE came beMre the S iAl� agistraie foi public'bear ng upon the Petitioner's Motion for Imposition of Fines/Liens oti NYvar0er �, ��0, , th upeca�,ktMajistrate, having heard argument � , respective to all appropriate ma!tters�re 'heu0nss eslxer mdigs# F'ct, conclusions of Law and Order of the Special Magistrate, as fb�lowi` 1 i ''l gf I FIND , .' F FACTS AND COi` LUSIONS- LAW 1. Respondent, PETER A. ,q dxs, is the owner o real.�(/per�y located at 743 Provmcetown Drive, Naples, Flonda 34104�1!!! ,moo 6053000604$; .ib hi'ch the violations occurred 2. On February 7, 2020 Respondent wasotntliolation of Collier County Land Development Code 04-41, as amended, Section 10 02 06(B)(1)(a), Section 10.02 06(B)(1)(e) and Section 10.02 06(13)(1)(e)(i) by replacing a roof without first obtaining a valid Collier County permit 3 An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before April 7, 2020 or a fine of $100.00 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 5755, PG 1570) 4 Operational costs of $111 70 incurred by the County in the prosecution of this case have not been paid 5. Respondent, having been duly noticed for the public hearing regarding the County's Motion, was not present at the public hearing. 6 The violation had not been abated as of November 6, 2020, the date of the public hearing. Packet Pg. 889 16.A.14.a OR 5864 PG 1236 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. UE C. Daily fines of $100.00 per day are assessed against Respondent for the period from April 8, 2020 to November 6, 2020 (213 days) for a total fine of $21,300.00. Fines continue to accrue until abatement of the violation. Respondent is ordered to pay I E. Respondent shall also pay o .er Oal-'osts for amount of $111.80. F Respondent is ordered to Notice of Assessme: Florida. DONE AND ORDERED this atom day of November operational costs of $111.70. of Fines hearing in the 3.50 or be subject in Collier County, Na Yes,,Collier County, Florida. f,. ITT Y CODE ENFORCEMENT >ISTRATE �11 sit�►I�i ! _ t C III � 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.collier ov�x,�et P release of hen or confirmation of compliance or confirmation of the satisfaction of the oblPg�a't'iY n o this or `r ay glgo be o`biaihdd:�(lihiglbdat{dn } ID1YnL1.5 lIn6 t-mf fat 9tf 011„ldt i:";ft 0,(:h-n vd1F,s;i o1) APPEAL: Any aggrieved pattyai;tiy,hpgealp final,o'rqS;;1',tt�i p�c�a Magi trate to the Circuit Court within thirty (3b)-dalys•pfft execotiomoftthe Ofder appealed. An appeal shA-not be a hearing de novo, but shall be limited to appellate' --review o`f the .recorrd-icrrd'ated-wrthin-the original hearing It is the responsibility of the appealing party to obtain a tfanscnbed- ecord-of the-hearm�from the Clerk of Courts. Filing an Appeal will not aut6"matically_stay the Special Magistrate's Order r. Packet Pg. 890 OR 5864 PG 1237 16.A.14.a i, Crystal K. Kinzel, Clerk of'Courts'in and�Cotlierbounty 1.J: do hearby certify that the'abdVe.in4W ierdt4s,�;ttUq-p1w,correct copy o e oNinal filed in Col..g4bbii `',t, 4'`'' e , Deputy Clerk Date: aJno-".,�� -- Packet Pg. 891 *** OR 5864 PG 1238 *** 16.A.14.a 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 _/ day of November, 2020 to Respondent, Peter A Atsales, 743 Provincetown Drive, Naples, Fl 34104 , / Z� / Code Enforcement Official 1 JTr k C:; C_ , Packet Pg. 892 16.A.14.a INSTR 5859125 OR 5755 PG 1570 RECORDED 4/24/2020 8:39 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CESD20190008879 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. PETER A. ATSALES, Respondent. THIS CAUSE came c the Special Magistrate, having Findings of Fact, Conclusions 1. Respondent, PETER A. ATS'A Provincetown Drive, Naples, Fl, �A/ to Arate on February 7, 2020, and :e matters, hereupon issues her as follows: 4-he" ubject real property located at 743 8.60530006048. Respondent was duly notified of the date of hearing by certified mail and posting but did not appear at the hearing having entered into a Stipulation with Petitioner that resolved all matters and was accepted by the Special Magistrate. The subject real property owned by Respondent is in violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i) in the following particulars: Replacing roof without first obtaining a valid Collier County permit. 4. 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, IT IS HEREBY ORDERED: Packet Pg. 893 16.A.14.a OR 5755 PG 1571 A. [3 Respondent is found guilty of violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i). Respondent is ordered to pay operational costs in the amount of $111.70 incurred in the prosecution of this case on or before March 7, 2019. C. Respondent is also ordered to abate the violation by obtaining, as required, either a Collier County building permit or a demolition permit, all inspections and a Certificate of Completion or Occupancy for the replacement of the roof on or before April 7, 2020 or a fine of $100.00 per day will be imposed until the violation has been abated. D. Respondent must notify the Code Enforcement Division within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. E. If the Respondent fails to abate the violation as ordered, the County may abate the violation using any method to bring the violation intp.cetrt li�ee.and may use the assistance of the Collier County Sheriff's Office to enforaef e" r soot s)4f~tlais,Order, and all costs of abatement shall be assessed to the property owner'; DONE AND ORDERED on ERt1N,T SPECI MAGIS7 y 1 jf�z ,r Collier County, Florida. TE ENFORCEMENT 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, fax # (239) 252- 2343. 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. Kinzel, Clerk of arts h do hearb cif �IGer County_ y rtity that the ab6ve Instr b-s iido E nds. �pct Copy py of ri i 15: :Erb Idrty :.c Dote: D ul� fork LiER CVY- Packet Pg. 894 OR 5755 PG 1572 16.A.14.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Peter A Atsales Petitioner, Respondent(s), Case No. CESD20190008879 STIPULATION/AGREEMENT m Before me, the undersigned, Peter A Atsales, on behalf of himself, enters into this Stipulation and Agreement y with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20190008879 a dated the 13th day of September, 2019. a L d This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be a heard on the scheduled Hearing date, therefor' ""i -I'S' strongly recommended that the respondent or representative attend the Hearing. £J f > �' > In consideration of the disposition and I t itlon of the mattersb #�' bd in said Notice(s) of Violation for which v a hearing is currently scheduled for' 0712Q?Qk to promote efficiency in the administration of the code m enforcement process; and to obtain a ui�k'and ''Medit40p resoigtio l of the matters outlined therein the parties hereto agree as follows: , ? 1) The violations noted in the re�Fere 6 i, pii i"� ON i a A� Purgte and I stipulate to their existence, and that I have been properly notified p rs tan to Florit i' S�t(at . THEREFORE, it is agreed between;tie parties that the Res`Agndeot 09it ,/ m 1) Pay operational costs in the alb, M1.,pf $111.70 incur-6 iri,tfi€ Yosecution of this case within 60 days of this hearing. 2) Abate all violations by: ✓" Obtaining all required Collier CountyBti ildin`g- erinit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the replacement of roof within 60 days of this hearing or a fine of $ 100.00 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. Respondent or Representative (sign) -A:rs P-) ---s- Respondent or Representative (print) 1,-Zo ;z-O Date I"A-)l C-�! — 5�-� I1 1• Sev✓}-Supervisor for Michael Ossorio, Director Code Enforcement Division la a� Date REv Packet Pg. 895 *** OR 5755 PG 1573 *** 16.A.14.a 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 � day of February, 2020 to Respondent, Peter A Atsales Trust, 743 Provincetown Drive, Naples, FI 34104. Code Enforcement Official Packet Pg. 896 16.A.14.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CERTIFICATE OF COMPLETION This Certificate is issued pursuant to the requirements of the Florida Building Code certifying that at the time of issuance this structure was in compliance with the various ordinances of the county regulating building construction or use. For the following: PERMIT NBR: PRBD2020041465601 CO TYPE: COMP ADDRESS: 743 Provincetown DR, Naples SUBDIVISION: CO NBR: STATUS: Finaled ISSUED DATE: April 14, 2021 LOT: BLOCK: SLUC CODE: UTILITY COMPANY: T.R.S.: JOB DESC: REROOF TILE TO METAL (CESD20190008879) Revision #1: Change roofing material to tile to tile replacement 743 Provincetown DR, Naples OWNER: ATSALES TR, PETER A UTD 9/22/99 LEGAL DESCRIPTION MONTCLAIR PARK NORTH LOT 38 NUMBER OF METERS: Note: A new certificate is required if the use of the building or premises is changed, or if alterations are made to the building or property described. A new certificate voids any certificate or prior date. Q Packet Pg. 897 16.A.14.a Co ter County Growth Management Departrr>ent BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naples, FL 34104 (239) 252-2400 PermitffngDept@CollierCountyFL.gov Directions: Applicants must complete all fields. Please follow the Building Permit Application Instructions to complete this Application. awl:: 8,3. WidingType: 1&2 Family Dwelling/Townhouse Res. 3+Units/Multi-Family Commercial Mobile/Manufactured Home []Guest House C1.Parcei/Folio#: 60530006048 C.6. Subdivision Lot#: Hor�i-CIGI r c" rocy. N HV\ NaPleS �J optncclo rI� Df. �� - 3�t I0!� C.7.ProjectName: a L' � C.2. Job Street Address: 743 Pf� ru C.3 Owner Name: Po+Q r- � . AT-5G 5 e.S C.B. SDP/PL#: C.4.Ownerphone: ����� �t'�Z Jg� C.9.Jurisdiction: ®Collier County []CityofEverglades N { t C.S. Email: C.R G n t r a r-- t Q Li (m a t- C 0 m M CA • D.I. Permittee Type: Contractor Design Professional I& Owner -Builder Q D.2. Contact Name: PC-i 0- A Ale (ZD.3. License: 3 Z 41 - 66 (3062 - C) f ", D.4. Company Name: d D.S. Company Address: D.9. Company Phone: > D.6. Qualifier Name: D.10. Fax #: U U D.7. Email: m For Contractors: The above email address is my preferred method of contact for all correspondence regarding this permit. ❑ Yes . , ..rp e , .� ., E.2. PermitT Alum Structure Awnin gs []Building* Ca ort%Shed Cell7owe Demolitio Detached Garage Electrical once Fire r.13as Type: © €J � ' �.3 g � E J E,. # Marine []Mechanical []Plumbing []Pool QRoof []shuttetsfDoorr windows QSales/ConstTrailerr]screenEnclosure [3solar DstvTJ gpoie []water Feature Y E.3. Description of Work: The Description of work must convey an account of work identified on the construction plans. N r C .._.... »..... .... :.»_ ....... .. .....:....._._........................,». ._._.. ......»..... ... .........._......._»_........».......,»........-...._................... ...................... .............. ,...................... ...... ...... ......_.....,.............................. --- ..... ... ......... _...»........ ww.::«w.�.o:�:.o-w:w... R., .�. .w. <. �«z«e»._,.,�.:.,.,..:.:.»...w,.,.:»:<w...w-,.»::w.+:�,. :w.ww.�<�.«e�.s�<��.u:. ,.«,:•«..e...«.ww:..w::c.::._�;:.<:.:.•:.+.:::�.a.�...»a:x.,:.,.�.wxv .ewr.<w..m,,,>..,.�»., ..., ...:.<..«.k»_;,...,�..:.. �..ar..:-,:.w..»:.rFT.w.>.o�.<.«w,aa�,e<.w O Q Q Y fC EA. Occupancy Type: <z S t dcni, a v , (- C� m See Instructions m E.S. Construction Type: Z iA I3 iB [I uA [3 11B 13 111A El 111B 1:1 1V El VA 0 VB See Instructions c E.6. is Structure Ina Fk>odZone: N No Q unknown E3 Yes, additional form required. See Instructions m E E.7. is Structure Fire Sprinkled: ® No 0 Yes s v E.8. Type of Water Supply: E Collier County O Well 0 City of Naples 0 Ave Maria 0 City of Everglades Elimmokalee El Other w E.9. Type of Sewage Disposal: ®Sewer0Septic Q E.10. Vegetation Removal: E3 Yes M No A vegetation Removal Affidavit is required for any new structure of addition on all parcels larger than 1 acre. E.11. Private Provider: N No [I Yes E] Plan Review & inspections Q Inspections Only E.12. Threshold Building: ® No E3 Yes E.13. Repairs from Disaster Event: ■ No [] Yes Name of Disaster Event: E 14 Change of Occupancy: X No E] Yes _- E.15. is this a Permit by Affidavit: ® No [j Yes E.16. Subcontractors: Check All that Apply: []Electrical ❑ Plumbing ❑ Mechanical ❑ Roofing ❑ Septic ❑ Electric from house Total Number of Stories: 01 Floor (Story) work is being performed on: # Bedrooms: # Bathrooms: Living /Int. Sq, Ft.: Addt'I. Sq. Ft.: Non-Living/Ext. Sq. Ft.: Total Sq. Ft.: 3200 S F ( PMR Date: PLEASE DO NOTWRITE BELOW, FOR STAFF USE ONLY Days Review: Sets of Plans: PAGE 2 2.2020 Page 2/4 Packet Pg. 898 16.A.14.a Cor County BUILDING PERMIT APPLICATION 2800 North Horseshoe Drive, Naptes, FL 34104 (239) 252-2400 Growth Management Departrnent PermiftingDept@colliercountyff.gov Secton I. A Required Page for ALL Building Permit Applications ACKNOWLEDGEMENT OF COLLIER COUNTY REGULATIONS BY OWNER OR AGENT OF OWNER NOTICE OF ADDITIONAL RESTRICTIONS: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this County, and there may be additional permits required from other governmental enties such as the Water Management District, State agencies, or Federal agencies. WARNING OF POSSIBLE DEED RESTRICTIONS: The land subject to this permit may be subject to deed, and other restrictions that may limit or impair the landowner's rights. Collier County is not responsible for the enforcement of these restrictions, nor are Collier County employees authorized to provide legal or business advice to the public relative to these restrictions. The landowner or any applicant acting on behalf of the landowner is cautioned to seek professional advice. WARNING OF WORK IN THE COUNTY RIGHT-OF-WAYS: This permit does not authorize construction or installation of any structure or utility, above or below ground, within any right of way or easement reserved for access, drainage or utility purposes. This restriction specifically prohibits fencing, sprinkler systems, landscaping other than sod, signs, water, sewer, cable and drainage work therein. If such improvements are necessary, a separate permit for that purpose must be obtained from the Growth Management Department. NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252-2400 for additional information. Issuance of a Demolition Permit for a structure does not authorize removal of vegetation beyond the footprint of the structure. A Demo Permit is not a clearing permit. WORK iN THE SPECIAL FLOOD HAZARD AREA: Be advised that Substantial Damage/Substantial Improvement requirements will apply to structures located in the Special Flood Hazard Area with Finished Floor Elevations below the Base Flood Elevation. CERTIFICATION: Application is hereby made to obtain a permit to do the work and installations as indicated. 1, THE OWNER OR AGENT OF OWNER, certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The permit or application fee may have additional fees imposed for failing to obtain permits prior to commencement of construction. The approved permit and/or permit application expires if work is not commenced within 180 days from the date of issuance. I, THE OWNER OR AGENT OF OWNER understand that only licensed contractors may be employed and that the structure cannot be used or occupied until a certificate of occupancy is issued. By signing this permit applications, I, THE OWNER OR AGENT OF OWNER, agree that I have retained the contractor identified on this application to provide contracting services for the trade for which he or she is listed. I understand it is the responsibility of the property owner to notify the Building Plan Review and Inspection Division should the contractor responsible for providing said contracting services no longer be willing to provide his or her services. 1, THE OWNER OR AGENT OF OWNER, understand the review and issuing of this permit does not exempt me from complying with all County Codes and Ordinances. Furthermore, I, THE OWNER OR AGENT OF OWNER understand the owner is responsible for all construction work on the property. Job Signature of Owner of Agent of Owner (An original signature is required) Print Name of Owner or Agent of Owner State of 4�7r'f' ,d4 County of {' \' The foregoing instrument was acknowledged before me by means ofhysical presence or online notarization this, day of Af04',— l) , 20. , by (printed name of owner or agent of owner) �,e_ y- Such person(s) Notary Public must check applicable box:t `: 8 Are personally known to me / �as produced a current drivers license 4 LY Hasproduced n• a',t tar ( I'C[ n Notary Signature: _ GLORIA VA'SQU-EZ Notary;P;ubjic-State of Flcyrid< *_ Commission GG 91'4242 My Commission Expires Sei torhi er 17. 2023 '- NOTICE OF COMMENCEMENT I RMATION Per Florida Statutes 713.135, a Notice of Commencement (NOC) is required for construction of improvements totaling more than $2,500. with certain exceptions. For A/C Repairs or Replacements a notice of commencement is required for improvements more than or equal to $7,500. The applicant shall file with the issuing authority prior to the first inspection either a certified copy of the recorded NOC or a notarized statement that the NOC has been filed for recording, along with a copy thereof, In order to comply with the state requirement, permits will be placed in inspection hold until proof of the NOC is filed with the building permitting and Inspection department. The issuing authority shall not perform or approve subsequent inspections until the applicant files by mail, facsimile, hand delivery, email or any other means such as a certified copy with the issuing authority. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION IF YOU INTEND TO OBTAIN FINANCING. Building Permit Application 2.2020 Page 314 Packet Pg. 899 16.A.14.a Corer Couuu Growth Management Department seal 2800 N. Horseshoe Dr., Naples FL 34104 1 239-252-2400 NOTICE OF COMMENCEMENT State of FLORIDA County of COLLIER A, Permit No. B, Parcel/Tax Folio No. 1. Description of Property (legal description the property, and street address if available): t10 c,±c lG ! ! �50 c- 1L N 0 C± 11 , 4 0 2. General description of improvement (must be work scope specific and match the Permit): ' D Q ry-1 01 % -� 10 r- - 2 o n F -% \ if S 3. Owner information or Lessee information if Lessee contracted for the improvement: a. Name: CSC r A Fie p L' S b. Address: -1 '`d -1 P COU i r)CC -6 o w r) � (" tUrl J2 3 `—(t Oy c.Interest in property: d. Name and address of fee simple titleholder (if different from Owner listed above): 4. Contractor information a. Name: r,1'- b. Contractor's Address: c. a tor's Ph a Number: ContryesrNo bond Name: ❑NIA S. Surety (if applicable, a copy of the payment is attached): a. b. Address: ❑ N/A c. Phone Number: N/A d. Amount of Bond: $ N/A 6. Lender information a. Name: ❑ N/A b. Phone: ❑ NIA c. Lender's Address: ❑ N/A 7. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7. a. Name{s}: N/A b. Address: NIA c. Phone Numbers of designated persons: ❑ NIA B. a. In addition to himself or herself, Owner designates ❑ NIA of NIA to receive a copy of Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes. b. Phone Number of person or entity designated by owner: ❑ NIA 9. Expiration date of no 'ce of commencement (the expiration date will be 1 year from the date of recording unless a different date is specified)Lf/— � WARNING TO OWNER ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713,13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY, A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF signature of Owner or Lessee, or Lessee's Authorized Signatory's Printed Name and Title/Office Officer/Director/Partner/Manager / T e foregoing instrument was cknowled ed before a by means of Id physical presence or O online notarization this f�jt�ay of 20�, by Y �� �� (name of person) as 0(.eivte—Y' (type of authority, e.g. officer, trustee, attorney in fact) for (name of party on behalf of whom instrument was executed). CRYSTAL K. KINZEL, CLERK OF THE CIRCU COURT & COMPTROLLER (Signature of Deputy Clerk) Signat of ry Public- State of Florida) ` r IF Type, or Stamp Commissioned Name of Notary) YA �,`CORIAVAS"QUnallyKnownOR Producedldentificatio{Printed Name of Deputy Clerk) .:� °a`�� f ; Notery Public -State ofof Identification ProducedTom; iCoinmi:SSioh p GG 9,Notice of Commencement - 1.20 ;; c. Page 1 of 1 yComriii'ss;on'CzS 'member 1,7,,2Q Packet Pg. 900 GMD Public Portal Permit Application - Upload Documents Note: This step Is optional. Documents may be uploaded at a later time from the Upload Submittals link located on the main page. Current Submittal Submittal *1) Initial Submittal (04/13/2020) Type Status Date Verified Application Form Pending Extended Description: Application LINK htto://www.coligrgov. netthome/showdocu ment? tid--74447 .._.._.._........ _.... ....4. Conceptual Site Plan ...... ..... ...... _.._._._......_._....._.._._____..._.—.—_._..__.__..____ Pending j _._...w.._._._...._.._.......,___..._.._.._._....._..____...__ ._.._.._.__—._._...._ . — ..... _._._...__...._...-_--- .._...__.__.___.......___.......__._.___._.,....._...___.._...____...._.� A conceptual site plan Is not prepared by a professional I Extended Description: licensed land surveyor, however, accurately depicts the location of the proposed Improvements on an existing survey or to scale drawing Notice of Commencement `Pending Extended Description: '=a://www.colliergov.neyhomelshowdocument? 1d=61766 Miscellaneous Documents I Pending Extended Description: ( Miscellaneous Items, i.e. emails and cover letters, i 1 authorizations, etc. Packet Pg. 901 16.A.14.a D Public Portal Permit Application - Saved For Later Application Number: TMPPR20200016761 Thank You! Your permit application has been saved for later. TWs. application Is only partially complete. It must be completed in 15 days or your information you entered will be discarded and you will be required to start a new application. Permit Information Permit Type: Building Category of Work: Alteration Description or Work: DEMQLITION ROOF TILES Locations: Address 743 Provincetown DR, Naples Property 60530006048 Contacts: Property Owner ATSALES TR, PETER A UTD 9/22/99, Addres6:743 PROVINCETOWN DR Owner Builder ATSALES TR, PETER A UTD 9/22/99, Address:743 PROVINCETOWN DR Applicant PETER A ATSALES , Addrass:743 Provincetown DR — Permit Application Details (portal) Occupancy Code: Residential, Multi -Family Business Name at Location (Portal) Business Name: PETER A ATSALES Does this application require a Change of Use (Portal) Change Use: No Construction Type (Portal) Construction Type (See FSC chapter 6): Type €A Owner Builder is the property owner doing work?. Yes Is this permit related to a natural disaster (Portal) Related to a Natural Disaster: No Permit: bernolition Declared Construction Cost: $6,900.00 Partial Demo Cam merciai/Multi-Family: Units: 1 Please print this page or record the application number for future reference. You will need it in order to continue this application from the My Items page. Start a new aonliuhm Portal Home N d N w Q Q d r.+ d a L) L) m to 0 N N r-� C d E 7 v O 0 CL 3 V m C d t v R Q Packet Pg. 902 16.A.14. b Burgoslliana From: Peter Atsales <fratsales@gmail.com> Sent: Tuesday, September 14, 2021 1:41 PM To: Burgoslliana Subject: request of fines reduction EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Board of County Commissioners September 14,2021 My name is The Rev. Peter A. Atsales and reside at 743 Provincetown Drive, Naples ,Fl. When it became necessary to replace my roof I hired Daniel Gonzales as my project manager because of my age 89 and the lack of my knowledge of the requirement of the county in this matter. At some point I was informed that certain fees were not paid on M time.,when I asked Mr. Gonzales he told me that all fees were now paid. I then received a notice 11/05/2020 of a pre- a hearing conference ,when I asked Mr. Gonzales to appear with me at the meeting he said it was unnecessary that it was a a departmental mix up and he had taken care of the problem. I then received a notice that I had been found guilty and liens were placed on my property. Again Mr gonzales told me not to be concerned he had taken care of the problem and a we were placed on the agenda for the September meeting of the Board On Sept12 I received a letter of foreclosure review with a number t call When I called the number I spoke to two individual and was informed that Iliana Burgos v wood call me and explain what was taking place .In a telephone conversation with Iliana i was told that on July 15,2021 m that Mr. Gonzales received an e-mail requesting a letter be sent to reduce or remove the leins. Once again Mr Gonzales told me he sent the letter and we were on the agenda for the September board.meeting .Iliana informed me c no letter was sent and Gonzales was again telling lies. I am the victim of Mr Gonzales lies who has been less than reliable , trustworthy and truthful41 I respectfully ask that the liens be removed and I will gladly pay or all cost incurred by the county \ Thanking you for all you help and consideration, I remain , L Father Peter a Atsales Packet Pg. 903 16.A.14.c INSTR 5973147 OR 5864 PG 1235 RECORDED 12/21/2020 11:20 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - CESD20190008879 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. PETER A. ATSALES, Respondent. - "' Y.. < THIS CAUSE came before the S*W.Magistrafe f'oi public`beartng upon the Petitioner's Motion for Imposition of Fines/Liens o#i Npvem . r §, p, $;tl Spec gk Magistrate, having heard argument respective to all appropriate mattersWh 'eu 6n ss es� r sin ip s gf Fact, Conclusions of Law and Order of the Special Magistrate, as fo�lowye FINDING FACTS AND COI LUSIOI 3 LAW 1. Respondent, PETER A A�IAL,ES, is the owner of`real pr<)'- y located at 743 Provincetown Drive, Naples, Florida 3410'4, I?b i ' o 6053000604$1 o vlifch the violations occurred 2. On February 7, 2020 Respondent was.4Q[ iAO--violation of Collier County Land Development Code 04-41, as amended, Section 10 02 06(13)(1)(a), Section 10.02 06(B)(1)(e) and Section 10.02 06(B)(1)(e)(i) by replacing a roof without first obtaining a valid Collier County permit 3 An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before April 7, 2020 or a fine of $100.00 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 5755, PG 1570) 4 Operational costs of $111 70 incurred by the County in the prosecution of this case have not been paid 5. Respondent, having been duly noticed for the public hearing regarding the County's Motion, was not present at the public hearing. 6 The violation had not been abated as of November 6, 2020, the date of the public hearing. Packet Pg. 904 16.A.14.c OR 5864 PG 1236 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 'Daily fines of $100.00 per day are assessed against Respondent for the period from April 8, 2020 to November 6, 2020 (213 days) for a total fine of $21,300.00. C. Fines continue to accrue until abatement of the violation. D Respondent is ordered to pay previously a s d-but.unpaid operational costs of $111.70. E. Respondent shall also pay o ,ef ofu$nosts for to ,, i*- sition of Fines hearing in the amount of $111.80. F Respondent is ordered to/-pay,4ne�" os in tK� total ambun of $21 523.50 or be subject to Notice of Assessment°of Irvey Respondent in Collier County, Florida. � �r i P": +. 'off +•+`.-' DONE AND ORDERED this 4day of November 0 at' Naples,, Collier County, Florida. 0. COLLIER CQltTTY CODE ENFORCEMENT SPF MAGISTRATE A 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.collier ov et (.e�n� release of lien or confirmation of compliance or confirmation of the �+. i�� •1 [`f l' `, 1.�r(i �• f •x •^+3� 'r`a 1,,, is + satisfaction of the oblg�a'1i�Sns othis orrr friar algo'b� a`btaieti"attihis�slbcaUoia } mirno.) (hits e"fji N-Wi-�o \!diF,S:i 0f1 APPEAL: Any aggrieved patty.i�nty, itipeal n51 o'rtje a t i 1 pg6ta vIagi trate to the Circuit Court within thirty (3.0)-day9•of exectltiomof4he Order appealed. An appeal shalf-not be a hearing de novo, but shall be limited to appellate review o--the_rec6-r-create`din-the original hearing It is the responsibility of the appealing party to obtain a tfanscribed-record-of the-heaPln from the Clerk of Courts. Filing an Appeal will not aut6matically_stay the Special Magistrate's Order r. Packet Pg. 905 i OR 5864 PG 1237 16.A.14.c t r" r ' l' I, Crystal K. Kintel, Clerk of'Courts� in and olier for C, l County do hearty certify that the ab6ve; in�rJt►�rSt4s 'tr<ie`'and�correct i �1 copy o e o ' anal filed in Coll'i�rotinty or�cl { , ' e ` Deputy Clerk By: L Lei. �J �k yy kf•� �i M .cc Q Packet Pg. 906 16.A.14.c *** OR 5864 PG 1238 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by US Mail on this _IS' day of November, 2020 to Respondent, Peter A Atsales, 743 Provincetown Drive, Naples, Fl 34104 Code Enforcement Official Packet Pg. 907 16.A.14.d This Instrument Prepared By: Colleen A. Kerins, Esquire Collier County Attorney's Office 3299 E. Tamiami Trail -Suite 800 Naples, FL 34112 (239) 252-8400 RELEASE AND SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and personal property owned by: Peter A. Atsales, Respondent The lien was recorded on December 21, 2020, in Official Records Book 5864, Page 1235, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of twenty- one thousand five hundred twenty-three dollars and fifty cents ($21,523.50), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida. Collier County, a political subdivision of the State of Florida, by execution of this Release and Satisfaction of Lien, acknowledges payment as approved by the Board of County Commissioners as satisfaction of the lien and hereby cancels and releases said lien. The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. ATTEST CRYSTAL K. KINZEL, Clerk Deputy Clerk Date: Approved as to orm and legality Colleen A. Kerins Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA In Date: Penny Taylor, Chairperson [21-CED-01617/1680644/11 Packet Pg. 908