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Agenda 02/08/2022 Item #16A11 (Release of Code Enforcement Liens - Okeechobee GGE Trust-Enchanting Blvd.)02/08/2022 EXECUTIVE SUMMARY Recommendation to approve the release of a code enforcement lien with an accrued value of $293,973.75 for payment of $4,728 in the code enforcement action titled Board of County Commissioners v. Okeechobee GGE Trust, relating to property located at 58 Enchanting Blvd., Collier County, Florida. OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement lien with an accrued value of $293,973.75 for payment of $4,728, in relation to Code Enforcement Special Magistrate Case No. CEPM20180005540. CONSIDERATIONS: When the subject property was owned by Okeechobee GGE Trust, the Code Enforcement Special Magistrate ordered the imposition of a lien on the property, due to code violations consisting of a roof, exterior siding, and screens in a state of disrepair. The lien was recorded on October 18, 2018, at O.R. Book 5563, Page 2435. The lien amount of $293,973.75, based on 1,175 days of accrued fines ($250 per day from July 14, 2018, through September 30, 2021), totaling $293,750 plus $223.75 in operational costs. The property was brought into compliance on September 30, 2021. Pursuant to Resolution No. 2012-46, a request for reduction of fines may be considered, in part, when a lien encumbers property under new ownership and the new owner has diligently pursued abatement and achieved compliance. When Baxi Investments took title to the property, they were aware of an uncorrected code violation. In less than 30 days after taking title, the missing siding was replaced and the past due HOA fees and unpaid taxes were brought current. It took substantial amounts of time and money, due to the increased cost of labor and materials, to achieve compliance. The property is actively maintained, and the owner has paid $4,728 in settlement of fines and requests the remaining $289,245.75 in accrued fines be waived. There are no known code violations remaining on the property. FISCAL IMPACT: Payment of $4,728 in settlement of fines has been received. If approved by the Board, accrued fines in the amount of $289,245.75 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 $289,245.75, accept payment amount of $4,728, and authorize the Chair to sign the attached release and satisfaction of lien for recording in the Official Public Records. Prepared by: Michael Ossorio, Director, Code Enforcement Division ATTACHMENT(S) 1. Owner letter (PDF) 2. Lien Order (PDF) 3. Signed Release (PDF) 4. Backup Documents (PDF) Packet Pg. 448 16.A.11 02/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.11 Doe ID: 20941 Item Summary: Recommendation to approve the release of a code enforcement lien with an accrued value of $293,973.75 for payment of $4,728 in the code enforcement action titled Board of County Commissioners v. Okeechobee GGE Trust, relating to property located at 58 Enchanting Blvd., Collier County, Florida. Meeting Date: 02/08/2022 Prepared by: Title: — Code Enforcement Name: Dana Rarey 12/30/2021 12:07 PM Submitted by: Title: Division Director - Code Enforcement — Code Enforcement Name: Michael Ossorio 12/30/2021 12:07 PM Approved By: Review: Code Enforcement Code Enforcement Growth Management Department Growth Management Department County Attorney's Office Growth Management Department 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 Colleen Davidson Additional Reviewer Lissett DeLaRosa Growth Management Department Dana Rarey Transportation Colleen Kerins Level 2 Attorney Review James C French Growth Management 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 12/31/2021 11:18 AM Completed 01/04/2022 9:47 AM Completed 01/04/2022 4:19 PM Skipped 12/30/2021 11:52 AM Completed 01/05/2022 1:23 PM Completed 01/11/2022 9:15 AM Completed 01/11/2022 9:16 AM Completed 01/12/2022 9:12 AM Completed 01/13/2022 2:34 PM Completed 01/31/2022 10:16 AM 02/08/2022 9:00 AM Packet Pg. 449 16.A.11.a 251h of October, 2021 To the Board of County Commissioners, We at Baxi Investments, LLC have purchase 58 Enchanting Blvd, Naples, Fl, 34113 at the Courthouse's foreclosure auction. At the time of purchase, we were aware of the code lien existing on the property for the missing siding of the house. Immediately as we took ownership, we remediated the siding spending $600 foe material and $200 for labor. As soon as the work was done, we contacted the inspector in charge of this property, and he acknowledged that the siding is now in compliance. He also closed the case. After this we also had to take care of an existing certificate issued by the tax collector office for unpaid taxes (certificate no. 19-1502) in the amount of $3570, otherwise the mobile home would have been sold at the following tax sale scheduled for 10/2512021. Since our purchase in August we have settled and kept every utility bill current, as well as the HOA fees, which are $495 quarterly. We also want to make sure that the property is well maintained, benefiting not only the Neapolitan Cove Rv community, but Collier County as well, which we proudly call our home for the past 15 years now. Since the pandemic caused a big shortage in materials and labor, we are left with an extra financial burden in our goal to improve the property. The air conditioning ducts needed to be replaced also, costing $1600. We are still in need of spending a lot of money and time for the renovation of this property, thus we are respectfully asking the County to reduce the fines existing on the property, which were caused by the previous owner's negligence. We are willing to offer $228 + $4500 as a settlement to the County. Respectfully, Tamas Gyorgy, Manager at Baxi Investments, LLC Packet Pg. 450 INSTR 5626353 OR 5563 PG 2435 RECORDED 10/18/2018 1:48 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 16.A.11.b COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20180005540 BOARD OF COUN-'Y COMMISSIONERS COLLIER COUNTJI',,,FLORIDA, �f Petitioners VS. OKEECHOBEE GGE TlkUST, Respondent. ORDER OF THE, SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the 5p6cial1Magistmte for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens On Septeer 212018, and the Special Magistrate, having heard argument respective to all appropriate matters, hupt5n issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS t�F F'AC 1. On July 6, 2018, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(1;y�,b), 22-231(12)(c) and 22-23](12)(1) for Roof, exterior siding and screens in disrepair, which v1oW60n 'Occurred on the property located at 58 Enchanting Blvd, NAPLES, FL, Folio No. 31142501�87M(i egal Description: ENCHANTING ACRES (COOP) E-58). 2. An Order was entered by the Special Magistrate ordering the Respondent to abate the violation on or before July 13, 2018, or a fine of $250.00 per day would be asses6ed;for each day the violations continue thereafter until abatement is confirmed. (A copy oftXie'Order is recorded at OR 5535, PG 3763). r- 3. Operational costs of $112.05 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 not appear at the public hearing, and no legal defense to the Motion was presented. 5. No Request for Re -hearing or Appeal pursuant to Ordinance 200744, as amended, has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Q Packet Pg. 451 *** OR 5563 PG 2436 *** 16.A.11.b 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: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines. of $250.00 per day are assessed against Respondent for 70 days for the period from July 14, 29;1 t/to, September 21, 2018, for a total amount of fines of $17,500.00 C. Respondent'sh!, 1Rpa� previously assessed operational costs in the amount of $112.05. D. Respondent shall-p y operational costs for the Imposition of Fines hearing in the amount of $111.70. E. Respondent is ordered topyyftnes and costs in the total amount of $17.723.75 or be subject to Notice of Assessment`of Lien against all properties owned by Respondent in Collier County, Florida. ;t F. The daily fine of $250.00 shaft cpnnue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this asday ofteittehiber 2018 at Collier County, Florida. CQLIAER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE �A dE)N�AAC. GA TSON P \. I 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 I� ve�,�'ENaples, FL 34I04, phone # (239) 252-2440, or www.colliergov.net. Any release of lien or .-On' hrmation of compliance or confirmation of the satisfaction of the obligations of this order may also be.obiained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Nfiig ate,to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shairnot-be a hearing de novo, but shall be limited to appellate review of the record created within the original fiearing. It is the responsibility of the appealing party to obtain a transcribed record of the heari;pg-"ff'om 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 has been sent by U. S. Mail to Okeechobee GGE Trust at PO Box 578 HI RLS MTN PK, NM 88325 this —J_ day of October 2018. I. Crystal K 16m 0, Clir&ef Caxb in ind far Cdltar County do heady cevktY that the ebm Btstrutnerit Is a true and correct hat filed in Collier Cain "da BY Deputy Clerk Dates r.,_11,�1 Code Enforcement Official le M 0 Packet Pg. 452 16.A.11.c 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: OKEECHOBEE GGE TRUST, Respondent The lien was recorded on October 18, 2018, in Official Records Book 5563, Page 2435, in the Official Records of Collier County, State of Florida. The lien secures the principal sum of seventeen thousand seven hundred and twenty-three dollars and seventy-five cents ($17,723.75), 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 m 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. le 0 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. n ATTEST CRYSTAL K. KINZEL, Clerk Deputy Clerk Date: Approved as to form d legality Co en A. Kerins Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: William L. McDaniel, Jr., Chairperson Date: [21-CEO-01628/1690039/11 Packet Pg. 453 16.A.11.d Okeechobee GGE Trust CEPM20180005540 58 Enchanting Blvd Naples, FL 34112 Folio # 31142501287 Violation: Roof, exterior siding and screens in disrepair Order Items: $250/day fine x 70 days (July 14, 2018 — September 21, 2018) = $17,500, plus operational costs of $223.75 Total Fines: $17,723.75 FOF Order OR 5535/PG 3763 recorded on 7/24/18 IOF Order OR 5563/PG 2435 recorded on 10/18/18 Violation abated: 9/30/21 Fines accrued after IOF: Order Items: $250/day fine x 1,105 days (September 22, 2018 — 9/30/21) = $276,250 Total Fines Owed: $293,973.75 Deed recorded on 9/10/21 Offer of settlement: $4728.00 ($4,504.25 fines + $223.75 operational costs NEW OWNER (abated under 30 days) ACCRUED VALUE: $293,973.75 PAYMENT OF: $4,728.00 TOTAL FINES TO BE WAIVED: $289,245.75 a Packet Pg. 454 16.A.11.d Collier County Growth Management Division 2800 Horseshoe Drive N. Naples, FL 34104 239-252-2400 RECEIPT OF PAYMENT Receipt Number: 2021914408 Transaction Number: 2021-112341 Date Paid: 12/15/2021 Amount Due: $17,723.75 Payment Detains: Payment Method Amount Paid Check Number Check $4,728,00 111 Amount Paid: $4,728.00 Change / Overage: $0.00 Contact: P.M.E. Creatives LLC 5611 Bur Oaks Ln Naples, FL 34119 FEE DETAILS: Fee Descri to ion Reference Number Oriainall Amount GiTAcrount f-ae Paid Operational Costs (SM) CEPM20180005540 $112.05 $112.05 111-138911-343922 Special Magistrate CEPM20180005540 $17,500.00 $4,504.25 111-138911-343922 Operational Costs (SM) CEPM20180005540 $111.70 $111.70 111-138911-343922 Cashier Name: AlinaHarris Batch Number: 10600 Entered By: DannyBlanco Packet Pg. 455 16.A.11.d Burgoslliana From: OssorioMichael Sent: Friday, December 10, 2021 5:01 PM To: Burgoslliana Subject: RE: Settlement for 58 Enchanting Blvd Great From: Burgoslliana <Iliana.Burgos@colliercountyfl.gov> Sent: Friday, December 10, 2021 2:02 PM To: OssorioMichael <Michael.Ossorio@colliercountyfl.gov> Subject: FW: Settlement for 58 Enchanting Blvd Good afternoon Mike, Attached is Mr. Gyorgy's letter. Thanks Respectfully, Iliana Burgos Operations Supervisor Collier County Code Enforcement Division Growth Management Department 2800 N. Horseshoe Dr. Naples, FL 34104 239-252-6865 "HOW ARE WE DOING?" Please CLICK HERE to fill out a CUSTOMER SURVEY. We appreciate your feedback! Code Lnforcenlent Mission Statement: ":'o protect the health, safety, and we"""Ores cJ collier Cou;,ty r l sOents and vi.siyors through education, cooveration, and cornpliance" Under Florida L.aw, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity Instead. contact this office by telephone or in writing. From: Tamas Gyorgy <tamasgyorgy _ yahoo.com> Sent: Friday, December 10, 2021 1:06 PM To: Burgoslliana <Iliana.Burgos@colliercountyfl.gov> Subject: Settlement for 58 Enchanting Blvd 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. rn 0 N rn r c a� E M U 0 a c� m w c m t 0 ca Q Packet Pg. 456 0\1,5tR s.vt/�, i • Print Tax Bills New Search Change of Address r I OPMA III Property Summary Site 58 Site Zone Parcel No 31142501287 Address ENCHANTING Site City NAPLES Note 34112 *Disclaimer BLVD te Name/Address BAXI INVESTMENTS LLC 1103 WISCONSIN DR Mobile Home City NAPLES State FL Zip 34103 Map No. Strap No, Section Township Range Acres *Estimated �• SA13 280300 E585A13 13 50 25 0 Legal ENCHANTING ACRES (COOP) E-58 Millage Area 0 279 Millage Rates 0 *Calculations � � 280300 - ENCHANTING ACRES MOBILE Sub./Condo School Other HOME PARK (COOP) Total Use Code 0 5 - COOPERATIVES 4.889 6.5293 11.4183 Privacy Policy Latest Sales History 2021 Certified Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) Date Book -Page Amount Land Value $ 41,000 09/09/21 6009-2540 $ 22,500 +) Improved Value $ 23,802 01/26/12 4763-503 $ 0 (") Market Value $ 64,802 09/19/94 1986-692 $ 44,000 12/01/90 1576-1440 $ 20,300 (`) Assessed Value $ 64,802 (_} School Taxable Value $ 64,802 {_) Taxable Value $ 64,802 If all Values shown above equal 0 this parcel was created after the Final Tax Roll 16.A.11.d Packet Pg. 457 Department of State / Division of Gorporations / Search Records / Search by Entity Name / Detail by Entity Name Florida Limited Liability Company BAXI INVESTMENTS LLC Filing Information Document Number L18000062219 FEI/EIN Number 83-1303316 3P Date Filed 03/09/2018 w C9 State FL Status ACTIVE m 0 0 Principal Address t 1103 WISCONSIN DR d p NAPLES, FL 34103 U Mailing Address m 1103 WISCONSIN DR NAPLES, FL 34103 0 N �. Registered Agent Name & Address rn VINCZE JANCSI, MELINDA K a=i 1103 WISCONSIN DR NAPLES, FL 34103 0 G Authorized Person(s) Detail 3 Name & Address Y m Title MGRM s VINCZE JANCSI, MELINDA K 1103 WISCONSIN DR Q NAPLES, FL 34103 Title MGRM GYORGY, TAMAS 1103 WISCONSIN DR NAPLES, FL 34103 Annual Reports Report Year Filed Date 2019 04/29/2019 2020 06/15/2020 Packet Pg. 458 Document Images 04/29/2021 --ANNUAL REPORT View image in PDF format ....-__..._. .....1............... 06/15/2020 — ANNUAL REPORT View image in PDF format ....._ .._.._........_....._....._..._._._._................... 04/29/2019 -- ANNUAL REPORT View image in PDF format ................... f 03/09/2018 -- Fiorid . Limited Liabi ty View image in PDF format Florida Department of State, Division of Corporations L-D1 U U m Packet Pg. 459 Property Informatioti Parcel No. 31142501287 Address(es) Sa C-nchanting BLVD, MobitelModular. Naples, B 53 Ericnanting BLVD, Buildmq, Mobile/Modular, ., i e,.Atpvts on this Property Open Alerts: I Descn tin 1 Property Owner BAXI INVESTMENTS LLC, Al-,;-ess: 1103 Historic Owner Historic Owner PIPER, JOH N A, Address:4;u44 222ND AVE Historic Owner OKEECHOBEE GGE —RUST, Address:404 Add a new person or business to Address Book Fees A Show Me All related fees (Property) Refresh Reference Number Fee Type AT,00"t —1 Amunit Paid 11 Date Paid CEPM20180005540 Operational Costs (SM) 112.05, CEPM'7101813005540 . .. . .. .. .. ....... Special Magistrate . . . . . ... . . ..... .. .. ..... . ... ... .. .... .. . 17,500.00 $ 0.00 C E P- M20 18 0 0 0 5 5 4 0 Operational Costs (SM) $ 111,70 ...... ... ... . $ 0.00;. CEPM2018i)005540 ................ Special Magistrate $ 276,250.00 $ 0= .PPHV2.Q1'0615588 ......... Mechanical Fee Res or Cons - (%/aluation <$ . 5000 $50.00 061"25/2013 PRHV20130615588 Mechanical Fee - Residenta- Application - Addrvi Tons 3.00 = $3.00 06!2,5/2013 PRHV20130615588 Inspection Fee $ 60,00: $60.00 06,,!25/2013 PRHV20130615588 Mechanical Fee - Residential _ Review Addnl Tons >3 , ' . ....... . ........... . $ 0.00 $0.00 ...... . ............ . ...............5.... R 0i30615S88 BA........... ... . 2.00 , /2/2013 PRHV20130615588 DCA $ 2.00. 2.00 06/25/21313 Amount Owing I Amount Paid L_$�,973�-75�$1�17-01� Description Special Magistrate Hearing on 7/6/18 Operational COsts - DS Quantity 11-00 Entered By LEGACY: Danny Blanco Date Due F Fee Payable? Fee Paid? Date Entered JT7JI.7/2018 Payments Mwwd Pad Pq 1 Batch f;ansiactior;; Date Fait Paid By I To I Packet Pg. 460 1 16.A.11.d INSTR 6125445 OR 6009 PG 2540 RECORDED 9/10/2021 8:43 AM PAGES 1 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $157.50 CONS $22,500.00 IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA ENCHANTING ACRES CO-OP, INC., CIVIL ACTION a Florida corporation not for profit, Plaintiff," "' CASE NO.: 21-CC-000608 VS, i ...:. OKEECHOBEE GGE TRdST, TRUST MANAGEMENT SERVICES, LLC, AS TRUSTEE, Defendant. i fEBMICATE OF TITLE The undersigned Clerk of the Codrt, hero -by certifies that she executed and filed a Certificate of Sale in this action on Ianust &U ;-, 2021,,for the property described herein and that no objections to the sale have been filed within the time allowe for filing objections. The following property located in Collier C`oun�lorida: UNIT #E-58 OF ENCHANTING ACRES% MOBILE HOME PARK, A COOPERATIVE, ACCORDING TO EXAT ` "B" (PLOT PLAN) OF THE MASTER FORM PROPRIETARY, LEASE RECORDED IN OFFICIAL RECORDS BOOK 1561, PAGES 86 THROUGH 1912, INCLUSIVE, OF THE PUBLIC RECORDS OF 'COLLIER COUNTY, COUNTY, FLORIDA. was sold to LLC 1 1103 L05constn Dr '1'1a&-< FL 31+163 _a WITNESS my hand and seal of the Court on the q day of �021*" . e Mf ,, Copies:" LS-e(OLe 0( �t�rriCii a�� Kim v Steven M. Falk, Esq. (Via Email) Falk Law Firm, P.A. 7400 Tamiami Trail North, Suite 103 Naples, FL 34108 pleadings@falklawpa.com �1 � 1VfSfh'1P*#s U- - CRYSTAL K. KINZEL CLERK OF THE CIRCUIT COURT. Deputy Clerk°''°•...°•' r' .``+ ''fvat!t`aaaatt/ V OKEECHOBEE GGE TRUST (Via U.S. Mail)'. Trust Management Services, LLC, as Trustee c/o Marc Shapiro, Esq. 720 Goodlette Rd., North, Suite 304 Naples, FL 34102 719 fatal Filed in C( MPOW3958, v. 1 Packet Pg. 461 K MurraV 16.A.11.d COLLIER COUNTN'. FLORID OFFICE OFTHE SPECIAL COLLIER CO(JNTY BOARD OFCOUNTY C01k1MISSIONERS. Petitioner vs. OKEECHOBEE GGE'. TRU'ST. Defendant(s) AI:k1L>M'_VVJ.'T' OF C 0MPI:I:1N0, S'l'ATE OF FLORIDA COUNTY OF COLLIER 0SVI CASE NO. C'FTM201800055 t0 BEFORE ME, the undersigned authority, personally appeared Stephen Athey°. Code F nfi>rcemem Official for the Hearing before the Special Magistrate of Collier County, who after being frill sworn, deposes and saN s: I. That on July 06. 2018. the Special Magistrate held a hearing and issued an Order in the above -sided matter 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 County. Florida in OR Book 5� PC. ;- ?Ci.%. 2. That the respondent did contact the iw esti,_'ator. 3. That a re -inspection was performed on September 30th. 2021. 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate in compliance by abating the violations.. FURTI IER AFFIANT SAYE'TH NOT'. DATED this 30th day of September. 2021. COT..I...IER C'(Wl N FY. FLORIDA HEARING 0' IE SPECIAL. MAGISTRATE l I ............ .._ Stephen Athey j Code Entorcement Official STATE OF FF..ORIDA CO('NTY OF COLLIER Sworn to (or affirmed) and subscribed bef ve me by means of 1his30 da} ofSEf'te. 20,;gl)\ Stephen Athe} _. ....._._............ ............. ......._�......._... (Signatureof'\ot , u Iic) (Print?"l'ypt%Starnp ('onvaaissionC,,d Name of'Notary Public) Personally known elpih sieal presejwv or online nr�tari/ation. c� rAr r•a, ELENA M GvNZA! EZ � Cammrssio G..8171d �r o Expires hlarc^ 4, 2023 �rFCpi.UU4 8a�3rtdfh'uEi;.v„�eit�6Wrj",nilrima Packet Pg. 462 16.A.11.d INSTR 5626353 OR 5563 PG 2435 RECORDED 10/18/2018 1:48 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20180005540 BOARD OF COUN-fY COMMISSIONERS COLLIER CO ', . UNTLORIDA, Petitioner, VS. OKEECHOBEE GGE 'I' LUST, Respondent. t ORDER OF THE. SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on Septe'ber 24;� 2018, and the Special Magistrate, having heard argument respective to all appropriate matters, - he*6p6n issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS dF')yAC I Pc, I. On July 6, 2018, Respondent was found guilty of violation bf Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(l�) b), 22-231(12)(c) and 22-23](12)(1) for Roof, exterior siding and screens in disrepair, which volafian ,occurred on the property located at 58 Enchanting Blvd, NAPLES, FL, Folio No. 311425018%( egal Description: ENCHANTING ACRES (COOP) E-58). 2. An Order was entered by the Special Magistrate ordering the Resj)ondent to abate the violation on or before July 13, 2018, or a fine of $250.00 per day would be asseS66d,fgr each day the violations continue thereafter until abatement is confirmed. (A copyoftlie'Order is recorded at OR 5535, PG 3763). 3. Operational costs of $112.05 incurred by the County in the prosecution of this base were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear 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 of the date of the hearing. ORDER Packet Pg. 463 *** OR 5563 PG 2436 *** 16.A.11.d 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: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of $250.00 per day are assessed against Respondent for 70 days for the period from July 14, 2Q 1 t/to, September 21, 2018, for a total amount of fines of $17,500.00 s C. Respondent `shall=pay previously assessed operational costs in the amount of $112,05. D. Respondent shaU operational costs for the Imposition of Fines hearing in the amount of $111.70.:Y E. Respondent is ordered to jpayffnes and costs in the total amount of S17,723.75 or be subject to Notice of Assessment"of Li�eh against all properties owned by Respondent in Collier County, Florida. F. The daily fine of $250.00 shall cpnt lnue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this day ofteAiber 2018 at Collier County, Florida. CQILIJIFR COUNTY CODE ENFORCEMENT §PEQAL MAGISTRATE a" ENDA Ct X4X TSON 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 Irive;,'Naples, FL 34104, phone # (239) 252-2440, or www.colliergov.net. Any release of lien or ,:Ontirm-ation of compliance or confirmation of the satisfaction of the obligations of this order may also be.obtainpd at this location. APPEAL: Any aggrieved party may appeal a final order of the Special NlagistTate,to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shail�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 heari.pg'11rdm 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 has been sent by U. S. Mail to Okeechobee GGE Trust at PO Box 578 HI RLS MTN PK, NM 88325 this _J_ day of October 2018. I. crystal K Oaal, clerf of Cw in rind far Cdtl r County do hearty C;iVfj that the above Ufatrurnerit Is s bue frnd Correct f ft Mal Red In Collier Cain I 'da Br Deputy Clerk Date�p1 Code Enforcement Official r le M 0 eV Packet Pg. 464 16.A.11.d INSTR 5590216 OR 5535 PG 3763 RECORDED 7/24/2018 10:51 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20180005540 BOARD OF COI,INY.COMMISSIONERS COLLIER COI7IVTY�:>�'LORIDA, r� Petitioner, rr Fr Vs. z OKEECHOBEE GGE TRUST; 0 Respondents.`�� 0 > ORDER OF``T'fC PECIAL MAGISTRATE V - U THIS CAUSE came on for public hearirlgb�efore the Special Magistrate on July 6, 2018, and the Special Magistrate, having heard testimony under oath,`received evidence and heard argument respective to all appropriate matters, hereupon issues its FinOgef Fact and Order of the Special Magistrate, as follows: FINDINGS OF PACT .f l . Respondent, Okeechobee GGE Trust, is the owner of the subject property. 2. Respondent was notified of the date of hearing by certify;d^trail and posting and the Special Magistrate has jurisdiction of this matter. w, .� 3. Respondent, having been duly notified, did not appear at the piblichearing. 4. The real property located at 58 Enchanting Blvd, Naples, Florida, Foho 111o. 31142501287 (Legal Description: ENCHANTING ACRES (COOP) E-58), is in violation o,,ollier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(, V2 23,1(12)(c), and 22- 231(12)(1), in the following particulars: Roof, exterior siding and screens in disrepair. ys` 5. The violation has 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: Packet Pg. 465 16.A.11.d OR 5535 PG 3764 A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(c), and 22-231(12)(1). B. Respondent must abate the violation by obtaining all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy for all required repairs on or before 4uly 13, 2018 or a fine of $250.00 per day will be imposed for each day the violation+rpm in$ thereafter. C. If Responden flails to comply with this Order, the Collier County Code Enforcement Department 0) may abate the` violation using any method to bring the violation into compliance. If necessary, the tP County may reque�i the services of the Collier County Sheriffs Office for the purpose of w accessing the propefof abatement. All costs of abatement shall be assessed against the 0 property. a� D. Respondent is ordered to Opp operational costs for the prosecution of this case in the amount of O $112.05 on or before August 6, 2018. E. Respondent shall notify the Cbdq Efifgrcement Investigator within 24 hours of abatement or O compliance so that a final inspedionmay be performed to confirm compliance. > V U DONE AND ORDERED this 6boday of` '=I I Vi .2018 at Collier County, Florida. r f � COLLfiR COUNTY CODE ENFORCEMENT N SPL,CjAA., MAGISTRATE E i v t o o a 3 "NDAIG4F�MTS�ON U <n PAYMENT OF FINES: Any fines ordered to be paid pursuant to this ordermay be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples,,A 34104, phone # (239) 252- 2440, or www.colliergov.net. Any release of lien or confirmation of complia (e 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 t� 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. State of Florida County of COLLIER , III '?( I HEREBY-CEF?TIFY•THAT-this is a true and correct OPY V a document on file in Board f"tiniites`and Records of.Qollier County WITNESS my hand and official seal this CRYSTAI.K KIN Ft.,]Uinmm.CI;OZKAND COMPTROLLER Packet Pg. 466 16.A.11.d *** OR 5535 PG 3765 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Okeechobee GGE Trust at PO Box 578 HI RLS MTN PK, NM 88325 this �O day of ly 2018. o nt Official s Packet Pg. 467