Loading...
03/2022 Co per County .t,\(-1)?f Growth Management Department Code Enforcement Division DATE: March 3, 2022 10\ TO: Minutes & Records, Bldg F 4th Floor FROM: Elena M. Gonzalez, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Elena M. Gonzalez, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2496. J[� Code Enforcement Division•2800 North Horseshoe Drive•Naples,Ronda 34104.239.252-2440•wway.colliergov.net _ .r CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA INSTRBOARD OF COUNTY COMMISSIONERS RECORDED 6214255 OR 26 2: PG 2506A 3/4/2022 2:38 PM PAGES 3 COLLIER COUNTY,FLORIDA CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Petitioner, REC$27 00 vs. Case No.—CEPM20210008698 KATHRYN E.POLIS Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on January 7, 2022, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent,KATHRYN E. POLIS,is the owner of the subject real property located at 997 Bluebird Street,Naples, Florida 34104, Folio No. 32483680002. 2. Respondent was duly notified of the date of hearing by certified mail and posting,and was present at the hearing. 3. Respondent's property is in violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-231(12)(n)as follows: A lanai screen structure over a pool with missing screens. 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: A. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). B. Respondent is ordered to pay operational costs in the amount of$111.65 incurred in the prosecution of this case on or before February 21,2022. C. Respondent is also ordered to abate the violations by obtaining either a Collier County Building Permit or a Demolition Permit, all inspections and a Certificate of Completion or Occupancy to repair or demolish and remove the lanai screen enclosure on or before February 21,2022 or a fine of$250.00 per day will be imposed until the violation has been abated. D. Respondent must notify the Code Enforcement Investigator when the violation has been abated in order for the Investigator to conduct a final 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 into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order, and all costs of abatement shall be assessed to the property owner and may become a lien on the property. DONE AND ORDERED on this l'Lday of January 2022 at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA 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 Department, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-2440 or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. I,Crystal K.Ki�al„Clerk of Courts i.r and fohCollier County do Nearby eritfy,gat the oaic ie i stiumdnt is s.true a.:7 correct copy f the o ' I file ' 'Collier County, Ionaaa Deputy Clerk sy. l/T Data: 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 19th day of January,2022 to Respondent,Kathryn E Polis, 997 Bluebird St. Naples, FL 34104. Code Enforcement Officia CODE ENFORCEMENT—SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS INSTR 6222890 OR 6100 PG 2296 RECORDED 3/22/2022 12:19 PM PAGES 4 COLLIER COUNTY,FLORIDA, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Petitioner, REC$35.50 vs. Case No.—CEV20210005786 CLC OF NAPLES,LLC, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on November 5,2021,and the Special Magistrate, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, CLC OF NAPLES,LLC, is the owner of the subject property located at 3408 Okeechobee Street,Naples Florida 34112, Folio No. 74413320002. 2. Respondent was duly notified of the date of hearing by certified mail and posting, but was not present,having entered into a Stipulation resolving all issues between the parties. 3. The real property owned by Respondent is in violation of Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130-95 in the following particulars: An unlicensed and inoperable vehicle in driveway of a residential property. 4. The violation had not been abated by the date of the hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130-95 by having an unlicensed and inoperable vehicle parked in the driveway on residential property. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.70 on or before December 5,2021. C. Respondent is ordered to abate the violation by repairing and/or affixing a current,valid license plate to the vehicle in violation, or by storing such vehicle within a completely enclosed structure, or by removing the offending vehicle from the residentially zoned area to an area intended for such use on or before November 12,2021 or a fine of$50.00 per day will be imposed for each day the violation remains. E. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance and request a site inspection be performed by Code Enforcement to confirm compliance. F. If Respondent fails to comply with this Order,the Collier County Code Enforcement Division may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement and to enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this day of November 2021 at Naples,Collier County,Florida. . � COLLIER COUNTY CODE ENFORCEMENT a SPECIAL MAGISTRATE I,Crystal K.K�ttel CI �uurts i ti)nd for uglier County do heath ,ertiTi'.at l Ye itistrUr nt is atrue a,.J correct copy of al it ,in C Tier o thty,Florida By: •'11 Deputy Clerk Data: A C. GARRETS• ' PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440, or www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. BOARD OF COUNTY COMMISSIONERS -0'" Collier County, Florida Petitioner, vs. Case No. CEV20210005786 CLC of Naples LLC Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Robert Cadenhead, on behalf of CLC of Naples LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20210005786 dated the 23th day of June, 2021. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for the 5th day of November, 2021; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Repair and/or affix a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within —1 days of this hearing or a fine of $50.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ent or Representative (sign) Jo eph Mu ha, Supervisor f ichael Ossorio, Director C de Enforcement Division .ob rt Cccd I i - - 2 I Respondent or Representative (print) Date II — Date REV 3-29-16 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 17th day of vember, 2021 to Respondent, CLC OF NAPLES LLC, 3994 Mercantile Avenue,Naples, FL 34104. Code Enforcement f cial