Agenda 03/08/2022 Item #16A13 (Code Enforcement Release of Lien - Forte)03/08/2022
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$258,423.95 for payment of $14,500 in the code enforcement action titled Board of County
Commissioners v. William J. Fotre, Jr in Case No. CEPM20170017470 relating to property located
at 2948 Orange Street, Collier County, Florida.
OBJECTIVE: For the Board of County Commissioners to accept an offer to release a code enforcement
lien with an accrued value of $258,423.95 for payment of $14,500 in relation to Special Magistrate Case
No. CEPM20170017470.
CONSIDERATIONS: As a result of a code violation, the Special Magistrate ordered the imposition of a
lien against William J. Fotre, Jr in Case No. CEPM20170017470 for code violations at 2948 Orange
Street, consisting of a roof, windows, interior walls, and ceiling in a state of disrepair. The lien in Case
No. CEPM20170017470 was recorded in the Official Records on January 29, 2019, at O.R. Book 5593,
Page 3654. The lien amount of $258,423.95 is based on 1,291 days of accrued fines ($200 per day from
February 17, 2018, through August 30, 2021) totaling $258,200 and $223.95 in operational costs. The
property was brought into compliance on August 30, 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 pur sued
abatement and compliance has been achieved. When Bob Pine decided to purchase the home, he quickly
made arrangements to demolish the structure. After overcoming a few obstacles, and once the title was
transferred into his name, Mr. Pine obtained the required permits, cleared the property, and brought
several years’ worth of property taxes current. It took a substantial amount of time, commitment, and
follow-up, to abate the property. The property is being actively maintained and $14,500 has been paid in
settlement of fines. The owner is requesting a waiver of $243,923.95 in accrued fines as outlined in the
attached hardship letter as required. There are no known violations at this time.
FISCAL IMPACT: Payment of $14,500 in settlement of fines and costs has been made. If approved by
the Board, accrued fines in the amount of $243,923.95 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 fines in the amount of $243,923.95, accept payment amount of
$14,500, release the lien, and authorize the Chairman 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. Backup Documents (PDF)
4. executed release of lien (PDF)
16.A.13
Packet Pg. 534
03/08/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.13
Doc ID: 21140
Item Summary: Recommendation to approve the release of a code enforcement lien with an
accrued value of $258,423.95 for payment of $14,500 in the code enforcement action titled Board of
County Commissioners v. William J. Fotre, Jr in Case No. CEPM20170017470 relating to property
located at 2948 Orange Street, Collier County, Florida.
Meeting Date: 03/08/2022
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
01/21/2022 3:34 PM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/21/2022 3:34 PM
Approved By:
Review:
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/24/2022 4:02 PM
Growth Management Department Lissett DeLaRosa Growth Management Department Completed 01/25/2022 10:16 AM
Code Enforcement Colleen Davidson Additional Reviewer Completed 01/31/2022 9:32 AM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 01/31/2022 11:25 AM
Growth Management Department Jeanne Marcella Transportation Skipped 01/31/2022 3:11 PM
Growth Management Department James C French Growth Management Completed 01/31/2022 7:43 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2022 8:33 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 02/01/2022 8:34 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 02/13/2022 8:27 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 02/28/2022 4:21 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/08/2022 9:00 AM
16.A.13
Packet Pg. 535
RE: 2948 Orange Street
I was prepared for the demolition with funds ready and a quote from Bill of Naples Trucking lnc
before I actually had the property in my name. He informed me he could not apply for the
permit until the property was in my name and that once it was it would be another 28 days
until said permit was issued.
Once he had the permit, he had other jobs he had to finish first before moving his equipment to
my property. While all of this was going on he was unfortunately going through Chemotherapy
in Tampa. His son was in charge but there were some delays, nevertheless. I can ask Billto send
a letter confirming these details if requested.
I respectfully request the reductions in liens and fines and of course would pay all appropriate
County fines incurred by the years of neglect by the previous owner. The offer is $2,500 ln
recompense for the previous owner's failure to comply with the violations of the codes he
incurred, I can only say since his father's passing, he has gone downhill and has no ability to pay
even the taxes on the two properties he owned.
I knew his father and had gone fishing with him, and I also have gone fishing with Fotre Jr to the
Dry Tortugas. I have given him a lifetime right to live in the house next door that he also owned,
and I now own with my paying all bills until his passing.
I hope to improve the property sometime in the future, but I believe all of my neighbours are
very happy to see the house demolished.
I look forward to hearing from you in the near future.
Sincerely,
Bob Pine
239-572-4777
I am the new owner and I have demolished the property that has been accruing these liens and
fines on the previous owner, a friend of mine, and I have bought the property in order to stop
the further 5300 fines imposed on him every day which he could not pay. He was also 3 years
behind on the taxes and of the property next door which he also owned. These I have paid in
fu ll.
I have abated all the violations and Joe Mucha has closed the case, CEPM2077 0OI1440.
16.A.13.a
Packet Pg. 536 Attachment: Owner Letter (21140 : BCC v. William J. Fotre, Jr)
-*rt* 5665878 oR 5593 pG 3654 RECoRDED L/2g/ZOLg 4:38 pM PAGES 2
CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $18.50
COLLIER COUNTY CODE EI\-FORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPM2017O0[747O
BOARD OF COUNTY COMMISSIONERS
COLLIER COT]NTY, FLORIDA,
Petitioner,
WILLIAM J. FOTRE JR-,
Respondent.
THIS CAUSE came
for Imposition of Fines/Liens
respective to all appropriate
Magistrate, as follows:
2
vs.
upon the Petitioner's Motion
having heard argument
and Order of the Special
1. On February 2,2018,of Collier County Code of Laws
and Ordinances, Chapter 22,22-23 t (12)(p), 22-23 I ( 1 2 )(c), and))_)1 l(12Xb) for Roof, windows,in disrepair, which violation
occurred on the property located at2948 ST, Naples, FL, Folio No. 29830760009
(Legal Description: DEMERE LANDING LOT 23 AND S 1/2LOT 24).
An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 16, 2018, or a fine of$200.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
oR 5476, PG 2485).
3. Operational costs of $l 12.15 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 2007-44, as amended, has been
timely filed.
6. The violation has not been abated as ofthe date ofthe hearing.
found guilty
16.A.13.b
Packet Pg. 537 Attachment: Lien Order (21140 : BCC v. William J. Fotre, Jr)
::** oR 5593 PG 3655 ***
ORDER
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:
Petitioner's Motion for lmposition of Fines/Liens is granted.
Daily fines of $200.00 per day are assessed against Respondent for 322 days for the period
from February 17, 2018 to January 4, 2019, for a total amount of fines of $64,400.00
Respondent shall pay previously assessed operational costs incurred in the prosecution ofthe
case in the amount of $ I 12.1 5
Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$111.80
Respondent is ordered to
to Notice of Assessment
amount of $64.623.95 or be subject
by Respondent in Collier
County, Florida.
F. The daily fine of has been confirmed by a
Collier County
DONE AND ORDERED this Florida.
ENFORCEMENT
TE
C
A.
B.
C.
D.
E.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or www.colliergoy.net. Any release of Iien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAI,: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirry (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing parfy to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the speciar Magistrate's order.
until
/
I. Crystrt K.K,nz.l,
t,:i$ ''llc
I 16.A.13.b
Packet Pg. 538 Attachment: Lien Order (21140 : BCC v. William J. Fotre, Jr)
CEPM20170017470
2948 Orange Street Naples, FL 34112
Folio # 29830760009
Roof, windows, interior walls, and ceiling in disrepair
Order Items: $200/day fine x322 days (February 17,2018 - January 4,2019): $64,400.00, plus
operational costs of $223.95
Total Fines: $64,623.95
FOF Order OR 5476lPG 2485 recorded on February 13,2018
Continuance OR 5498 PG 2045 recorded on April 16, 2018
IOF Order OR 5593/PG 3654 recorded on January 29,2019
Violation abated: August 30,2021
Fines accrued after IOF:
Order Iterns: $200/day for 969 days (January 5,2019 - August 30,2021) : $193,800.00
Total Fines Owed: $258.423.95
New Deed recorded on 511912021, and case is in compliance as of 8130121. 5ll9l21 + 30 days : 6ll8l2l
Offer of settlement: $14,500.00 ($14,276.05 fine * $223.95 costs)
New Owner abated within 72 days
ACCRUED VALUE:
PAYMENT OF:
TOTAL FINES TO BE WAIVED:
$258.423.95
$14,500.00
$243,923.95
Other lien paid in full: Lien OR 5593/PG 3659, Case CEPM2O180005068 $223.75 will be released
administratively.
William J. Fotre Jr.
16.A.13.c
Packet Pg. 539 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
Collier County
Growth Management Division
2B0O Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number;
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Descriotion
Operational Costs (S14)
Operational Costs (SM)
Special Magistrate
Cashier Name:
Batch Number:
Entered By:
202L9L367t
2027-171604
t2/13/202t
$64,623.95
Pavment Method
Check
$2,500.00
$0.00
PINE, ROBERT & ANGELA
550 N4 U REX DR
NAPLES, FL 341025T42
Reference Number
Amount Paid
$2,500.00
Check Number
2949
GL Account
cEPM20t700t7470
CEPM2077 0017 47 0
cEPM20t7 0017 47 0
Orioinal
Fee
$ 112. 15
$111.80
$64,400.00
Amount
Paid
$112.1s
$ 1 11.80
$2,276.0s
111- 138911-343922
111- 138911-343922
7r7-t3A97t-343922
AlinaHarris
10594
DannyBlanco
16.A.13.c
Packet Pg. 540 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
Co!!ier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECETPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Special Magistrate
Cashier Name:
Batch Number:
Entered By:
2022923372
2022-004442
oL/14/2022
$62,123.95
Pavment Method
Check
$12,000,00
$0.00
Bob & Angie Pine
550 Murex Dr
Naples, FL 34102
Reference Number
cEPM20170077470
LeaDerence
10678
DannyBlanco
Amount Paid
$12,000.00
Check Number
2964
Original
Fee
$64,400.00
Amount
Paid
$ 1 2,000.00
GL Account
111-138911-343922
16.A.13.c
Packet Pg. 541 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
Burgoslliana
From:
Sent:
To:
Cc:
Subject:
Burgoslliana
Wednesday, December 1,2021 12:22 PM
'Lovejoy Naples'
DavidsonColleen
RE: FW: Reduction of Fines RE: 2948 Orange Street
Good afternoon Mr. Pine,
At your convenience, please forward payment of 52,723.75.
For case CEPM20170017470, the offer of 52,500.00 (52,276.A5 fines + $223.95 costs) has been accepted as the
recommendation for BCC approval. Once the payment is received, we will continue to move forward with seeking BCC
approvalto reduce the fines and release the lien for case CEPM20170Afi470.ltems that are added to the Board of
County Commissioners' meetings are reviewed by 5 levels including the County Attorney's Office and the County
Manager's Office. Any item can be pulled from an agenda at any time.
The addition a|5223.75 is the total lien amount for case CEPM20180005068, which will be released administratvely
Checks are made payable to Collier County Board of County Commissioners (CCBCC) and sent to address below
Please contact me if you have any questions.
Respectfu lly,
lliana Burgos
Operations Supervisor
Sffir-Xxu
Collier County Code Enforcement Division
Growth Management Department
2800 N. Horseshoe Dr.
Naples, FL 34104
239-252-686s
lliana. Bu rqos@colliercountvfl.gov
NOIE: Emoil Address Hos Chonged
'HOW ARE WE DOING?" Pleose CLICK HERE to fill out o CUSTOMER SURVEY.
we appreciate gour feedbackt
Code Inforccment lvlission Staterr]ent: "Ta protect the healtfr, saf*y, und welfcre *f Col!ier {ounty residents and visitors t'hr*ugh
educ{xlon, caoper*tion, and campliance"
Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a public
records requesl, do not send electronic mail to this entity. lnstead, contact tltis office by telephone or in writing.
From : Lovejoy Na ples <lovejoynaples@gmai Lcom>
Sent: Wednesday, November L7 ,2021.12:36 AM
To: Burgosl liana <l lia na, Burgos@colliercountyfl.gov>
Subject: Re: FW: Reduction of Fines RE: 2948 Orange Street
1
16.A.13.c
Packet Pg. 542 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
RE: 2948 Ora nge Street
I am the new owner and I have demolished the property that has been accruing these liens and
fines on the previous owner, a friend of mine, and I have bought the property in order to stop
the further 5300 fines imposed on him every day which he could not pay. He was also 3 years
behind on the taxes and of the property next door which he also owned. These I have paid in
fu ll.
I was prepared for the demolition with funds ready and a quote from Bill of Naples Trucking lnc
before I actually had the property in my name. He informed me he could not apply for the
permit until the property was in my name and that once it was it would be another 28 days
until said permit was issued.
Once he had the permit, he had otherjobs he had to finish first before moving his equipment to
my property. While all of this was going on he was unfortunately going through Chemotherapy
in Tampa. His son was in charge but there were some delays, nevertheless. I can ask Bill to send
a letter confirming these details if requested.
I have abated allthe violations and Joe Mucha has closed the case, CEPMIOITOO]144O. /
I respectfully request the reductions in liens and fines and of course would pay a ll a ppropriat
County fines incurred by the years of neglect by the previous owner. The offer is S n
recompense for the previous owner's failure to comply with the violations of t code
incurred, I can only say since his father's passing, he has gone downhill and has no ability tolay
even the taxes on the two properties he owned.
I knew his father and had gone fishing with him, and I also have gone fishing with Fotre Jr to the
Dry Tortugas. I have given him a lifetime right to live in the house next door that he also owned,
and lnow own with my paying all bills until his passing.
I hope to improve the property sometime in the future, but I believe all of my neighbours are
very happy to see the house demolished.
I look forward to hearing from you in the near future.
Sincerely,
Bob Pin e
239-s72-4771
f0
16.A.13.c
Packet Pg. 543 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
@
rilsrn 6O6L874 oR 5949 pG 3709 RECoRDED 5/L9/202L 11:51 AM PAGES 2
CLERK OF THE CTRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
DOC@.70 $1,400.00 REc $18.50
coNS $200,000.00
John Brugger
Attorney at Law
Forsyth & Brugger, P.A.
600 Fifth Avenue South Su
Naples, FL 34102
239-263-6000
File Number: Pine
Consideration: $200,000.00
Above Thrs Line For Recordrng Datal
Sp ar
This Warranty Deed made this aLtey
address is 2918 Orange Street, Naples, FL34ll2
550 Murer Drive, Naples, FL 34102, grantee:
(Whencvcr uscd hcrcrn the terms granlor and grantee rnclude all lhe
and thc successors and assrgns ofcorporatrons, trusts snd lrustces)
Witnesseth, that said grantor, for and in consideration of the
and valuable considerations to said grantor in hand paid by said
granted, bargained, and sold to the said grantee, and grantee's heirs
lying and being in Collier County, Florida, to-wit:
re, Jr., a single man whose post office
rried man whose post office address is
and the herrs, legal rcpresentatrvcs, and assrgns ofrndrvrduals,
ND NO/l00 DOLLARS ($10.00) and other good
receipt whereof is hereby acknowledged, has
forever, the following described land, situate,
Lot 23 and the South l/2 ol Lot 24 De Mere Landing, O.R
of Collier County, Florida;
also referenced as:
Lot 23 and the South ll2 of Lol24 De Mere Landing' Plat Book 4,
Collier County, Florida;
Parcel ID No.: 2983076009
Subject property is not the homestead property of William Forte
address is 29I8 Orange Streel' Naples' FL 341l2
(]
i^ghgnr t[e Pubtic Records of
it.,/'"-5 r ".\I
Jr., his re$idenpdapd homestead{
/'*n*i,/
of the to lhe Public Records
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining'
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is 'lawfully seized of said land in fee simple; that the
gftmtor has good right and lawful authority to sell and convey s=aia tano; that the grantor hereby fully warrants the title to said
land and will defend ttre same against the iawful claims of all persons-claiming by, through or under grantors.
tn witness whereof, grantor his hereunto set grantor's hand and seal the day and year first above written'
between William
Robert Pine, a
DoubleTimeo
16.A.13.c
Packet Pg. 544 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
*+* oR 5949 PG 3710 ***
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
sealed and our presencel
.//r4b, d*f"-'
William Fotre, Jr.
ame;
State of Florida
County of Collier
The foreeoineA{Zuy ir
identification.
instrument was
April,2021 by William
by means of [X] physical presence or [_] online notarization, this
ls known or [X] has produced a driver's license as
Publ tc
Name:
Expires:
[Notary Seal]
,('.)
I-.J.' _ \
{'' },..' ' ..{. ",.-t'*''/
a "a., :;l >
f.
';y''**
t!- tr'#I?ffi;*
Speciol worronty Deed ' Page 2 OoubleTimeo
.y',
,-*nl
'1..
Aori t H.t{ro
16.A.13.c
Packet Pg. 545 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
Sho*n I'lt
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16.A.13.c
Packet Pg. 546 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
Parcel No 29830760009
Collier County Property Appraiser
Property Summary
Site 2948
Address ORANGE*Disclaimer ST
Site City NAPL EC Site ZoneLs *Note
-*-:-
11234
PINE, ROBERT
550 MUREX DRIVE
264100 235A1 1
Zip 341A2
Range lfsti.mated,
5A11
Section
11
FL
50 25 0.22
DEMERE LANDING LOT 23 AND S 112 LOT 24
11
64100 - DEMERE UNOlr.rA
Use Code s - SINGLE FAMILY RESIDENTIAL
Latest Sales History
(Not all Sales are listed due to Confidentiality)Date Book-Page Amount
a4128121 5949-3709 $ 200,000
a4/12/21 s949-3707 $ O
4.889 9.8939 14.7829
ZAX Preliminary Tax Roll
1
2
1
a7121117
02123/1s
11/O1192
09lol/7e
5431 -3250
5192-7A2
LTfu.l623
773:13O4
$o
$o
$o
$o
$ 2251661
$ 56,3s6
$ 282,027
$ 55,794
$ 226,233
$ 282,027
$ 226,2331=; Taxable Value
lf all Values shown above equal 0 this parcel was created after the
FinalTax Roll
Name I Address
City NAPLES
(Subject to Change)
Land Value
16.A.13.c
Packet Pg. 547 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
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16.A.13.c
Packet Pg. 548 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
,*rt* 5665878 oR 5593 pc 3654 RECoRDED L/ZL/ZOLL 4:38 pM PAGES 2CLERK oF THE CIRCUIT coURT AND COMPTROLLER, COLLIER coUNTY FLORTDAREc $18.50
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. - C8PM20170017470
BOARD OF COUNTY COMMISSIONERS
CoLLIER COUNTY, FLORTDA,
Petitioner,
WILLIAM J. FOTRE JR-,
Respondent.
THIS CAUSE came
for Imposition of Fines/Liens
respective to all appropriate
Magistrate, as follows:
vs.
upon the Petitioner's Motion
having heard argument
and Order of the Special
l. Orr February 2,2078,of Collier County Code of Laws
and Ordinances, Chapter 22,22-23 t (12)(p), 22-23 I ( I 2)(c), and
22-231(12)(b) for Roof windows,in disrepair, which violation
occurred on the property located at2948 ST, Naples, FL, Folio No. 29830760009
(Legal Description: DEMERE LANDING LOT 23 AND S IlZLOT Z4).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before February 16,2A18, or a fine of $200.00 per day would be assessed for each day the
violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at
oR 5476, PG 2485).
3. Operational costs of $l 12.15 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 2007-44, as amended, has been
timely filed.
6. The violation has not been abated as ofthe date ofthe hearing.
found guilty
16.A.13.c
Packet Pg. 549 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
*** oR 5593 pG 35,55 ***
ORDER
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.
B.
C.
D.
E.
Petitioner's Motion for lmposition of Fines/Liens is granted.
Daily fines of$200.00 per day are assessed against Respondent for 322 days for the period
from February 17 , 2018 to January 4, 2019, for a total amount of fines of $64,400.00
Respondent shall pay previously assessed operational costs incurred in the prosecution ofthe
case in the amount of $ I 12.1 5
Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of
$l r 1.80
Respondent is ordered to amount of $64.623.95 or be subject
to Notice of Assessment by Respondent in Collier
County, Florida.
F. The daily fine of has been confirmed by a
Collier County
DONI AND ORDERED this Florida.
ENTORCEMENT
TE
C.G
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 parly 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.
until
a
I, Crystrt K.Kinz.l
16.A.13.c
Packet Pg. 550 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
INSTR 5540957 oR 5498 PG 2045 RECoRDED 4/A6/2018 3:29 pM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORTDA
REC $18.50
')
vs.
qoLLrER COUNTY COpE EN4ORCEMENT
SPECIAL MAGISTRATE
-
Case No. {EPM20I7AAfi 47 0
BOARD OF COI'NTY COMMISSIOIYERS
COLLIER COLTNTY, tr'LORIDA,
Petitioner,
WILLIAM J. FOTRE JR,
:
Respondent.
THIS CAUSE came upon the Petitioner's Motion
for Imposition of Fines/Liens having heard argument
respective to all appropriate
Magistrate, as follows:
and Order of the Special
l. On February 2,2018,of Collier County Code of Laws
and Ordinances, Chapter 22,22 -23 I (1 2)(p), 22-23 I (1 2)(c), and
22-231(12)(b) for a roof,in disrepair, which violation
occuned on the properfy located at Naples, FL, Folio #29830760009 (Legal
Description: DEMERE LANDING LOT 23 AND S r/2LOT 24 ).
An Order was entered by the Special Magistrate ordering Respondent to abate the yiolation on or
beforeFebruary 16,2018,orafineof$200.00perdaywouldbeassessedforeachdaythe
violations continue thereafter until abatement is confirmed. (A copy of the Order is rlcorded at
oR 5476, PG 2485).
I
3 Operational costs of $1 12.l5 incurred by the County in the prosecution of this case were ordered
to be paid.
.
Respondent, having been duly noticed for the public hearing regarding the County's Motion,
appeared atthe public hearing.
No Request for Re-hearing or Appeal pursuant to Ordinance 2OA7-44,as amended, has been
timely filed.
The violation has not been abated as ofthe date ofthe hearing.
4.
5.
6.
found guilty
16.A.13.c
Packet Pg. 551 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
*** oR 5498 PG 2046 ***
, ORDER
Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter I 62,
Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, it is hereby ORDERED:
A. The Special Magistrate has granted a continuance of this case until a later date.
B. All parties shall be re-noticed for the subsequent hearing date.
DOnrE Ar\rD ORDERED this bt\0", ,' &ori( , 2018 at cotrier counry, Ftorida.
-]_---
COLLIER COI'NTY CODE EFTFORCEMENT
SPECHL MAGISTRATE
PAYMENTOFFINES:
County Code Enforcement
2440, or www.coll iergov.net.
satisfaction of the obl i gations
APPEAL: Any aggrieved
within thirty (30) days of the
but shall be limited to
responsibility of the appealing
Filing an Appeal will not
Respondent -William J. Fotre Jr.
Collier Co. Code Enforcement Division
at the Collier
# (239)2s2-
or confirmation of the
Magistrate to the Circuit Court
shall npt be a hearing de novo,
the original hearing. it is the
hearing from the Clerk of Courts.
Order
cc:
State ol Florida
County of COLLIER
I HEREBY CERNFY
copy of a
County
E,
appeal a
of the Order
of the record
a transcribed
16.A.13.c
Packet Pg. 552 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
,*rr* 5509465 oR 5476 pG 2485 RECoRDED 2/L3/2018 8:38 AM PAGES 2
DWTGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORTDA
REC $1-8. 50
Case No. -CEPM201 70$fi 47 0
BOARD OF COUIVTY COMMISSIOIYERS
COLLTER COIINTY, FLORIDA,
Petitioner,
WILLIAM J. FOTRE JR.,
Respondent.
THIS CAUSE came on on February 2,2018, and
the Special Magistrate,and heard argument
respective to all appropriate
Magistrate, as follows:
and Order of the Special
l. Respondeqt, William J.
2. Respondent was notified and posting and the Special
Magistrate has jurisdiction of
3. Respondent, having been duly notified, appeared at the public hearing.
4. The real property located at2948 Orange Sheet, Naples, Florida, Folio #29830760009 (Legal
Description: DEMERE LANDING LOT 23 AND S 1/2LOT 24), is in violation of Coltier
County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(19),22-
23 1 (12)(p), 22 -23 I (12)(c), and. 22-23 I ( I 2Xb) in the fol I owin g parti cu lars :
Roof, windows, interior walls, and ceiling in disrepair.
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:
vs.
., is the owner of
hearing by
T
16.A.13.c
Packet Pg. 553 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
*** oR 5476 PG 2486 ***
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22-231(19),22-231(12)(p),22-231(12)(c), and 22-23t(12)(b).
B. Respondent must abate the violation by obtaining all required Collier County building permits,
inspections, and certificate of completion for repairs to the roof, windows, interior and exterior
walls, and ceiling on or before February 16,2018 or a fine of $200.00 per day will be imposed
for each day the violation remains thereafter.
C.If Respondent fails to comply with this Order, the Collier County Code Enforcement Depaxtment
may abate the violation using any method to bring the violation into compliance. If necessary, the
County may request the services of the Collier County Sheriff s Office for the purpose of
accessing the property for abatement. All costs of abatement shall be assessed against the
Respondeni is ordered to pay operational costs for the prosecution ofthis case in the amount of
$112.15 on.'or before March 2,2018.
i
Respondent shall notifu the Code Steve Athey, within 24 hours of
abatement or compliance so
;
to confirm compliance.
County, Florida.
ENFORCEM:ENT
PAYME-NT OF F4i{ES: Any fines ordered to be paid pursuant to this order may be paid atthe Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (23g) ZS2-
2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved parff may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of tie record created within the original hearing. - It is the
responsibility of the appealing parry to obtain a transcribed record of the hearing from the Cleik of Courts.
Filing an Appeal will not automatically stay the Special Magistrate,s Order.
D.
E.
DONE AND OFDERED this
I HEREBY
correct copy of ,a
Board Minutes
#g-r-r:i;'
Respondent(s) - William J. Fotre Jr.,
Collier Co. Qode Enforcement Division
v$
DWIGHT E.
Siate ot Frorroa
County of COLLTER
8
16.A.13.c
Packet Pg. 554 Attachment: Backup Documents (21140 : BCC v. William J. Fotre, Jr)
16.A.13.d
Packet Pg. 555 Attachment: executed release of lien (21140 : BCC v. William J. Fotre, Jr)