Loading...
05/2022 Co ter County Growth Management Department Code Enforcement Division DATE: May 10, 2022 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. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Ronda 34104.239-252-2440•wvwv.colliergov.net CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No.—CEPM20220000877 GRETCHEN L. SAUNDERS, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on April 1, 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, GRETCHEN L. SAUNDERS,is the owner of the subject real property located at 88 Twin Palms Drive,Naples, Florida 34114,Folio No. 69811480009. 2. Respondent was duly notified of the date of hearing by certified mail and posting,was present at the hearing and entered into a Stipulation resolving all issues among the parties. 3. Respondent's property is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(11), in the following particulars: Occupied dwelling without a Collier County approved source of electricity. 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(11). INSTR 6252371 OR 6126 PG 3716 RECORDED 5/13/2022 3:58 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before May 1,2022. C. Respondent is ordered to abate the violation by obtaining all required Collier County building permits or a demolition permit, all inspections and a Certificate of Completion or Occupancy for all repairs necessary to restore electricity to the dwelling from a County approved source on or before May 1,2022 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. DQI D ORDERED on this IC day of April 2022 at Naples,Collier County,Florida. ri Lr ! r} COLLIER COUNTY CODE ENFORCEMENT 1. c �,: , SPECIAL MAGISTRATE Y I,trystal K.Kinzel,Cfark o Courts in and for Collier County do heart erti iat the above ins ent is a true and correct 1 copy of ie o I filed i t' my ri aC. By. Clerk Date: NDA C. GARRETS N 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. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No CEPM 20220000877 Gretchen L. Saunders Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned,04e "'-• �-)4Q,qn behalf of Gretchen L Saunders., enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20220000877 dated the 17th day of February, 2022. 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 April 1st, 2022; 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$fit ' 'incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion for all repairs to restore electricity to the dwelling from a County approved source within V of this hearing or a fine of$250 per day will be imposed until the violation is abated. SO 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and req�estt 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) I.Aoc , Supervisor for Michael Ossorio, Director Code Enforcement Division e(-64cLI-1 Skti,vdeLS 0 io /01-0-)- () Respondent or Representative (print) Date ,A r. 0 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 12th day o April 2022 to Respondent: Gretchen Saunders, 88 Twins Palms Dr.,Naples, FL 34114. Code Enforcement Offi 1 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No.—CESD20210011990 FRANCISCO J. TORRES and YANARA GONZALEZ MARTELL, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 4,2022,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. Respondents, FRANCISCO J.TORRES and YANARA GONZALEZ MARTELL,are the owners of the subject real property located at 2696 54th Street SW,Naples, Florida 34116,Folio No. 36382040008. 2. Respondents were duly notified of the date of hearing by certified mail and posting,but were not present at the hearing, having entered into a Stipulation resolving all issues of the parties. 3. Respondents' property 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), as follows: Unpermitted shed and screen room/lanai. 4. The violation was not completely 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: INSTR 6252372 OR 6126 PG 3720 RECORDED 5/13/2022 3:58 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$44.00 A. Respondents are 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),by having an unpermitted screen room/lanai. B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before April 4,2022. C. Respondents are 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 for the unpermitted screen room/lanai on or before May 4,2022 or a fine of $100.00 per day will be imposed until the violation has been abated. D. Respondents 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 Respondents fail 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. ikDONE AND ORDERED on this day of March 2022 at Naples, Collier County,Florida. ap}. COLLIER COUNTY CODE ENFORCEMENT c SPECIAL MAGISTRATE Ste : ;, I,Crystal K.Kinzel,Clerk of Courts in and for Collier County do hearhy certi iat the aLc iei ment is a true a., correct copy oft •of'. -.I filed. ;•41;,; Io Clerk LC, .-53)N C.' ENDA C. GARR 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. o2O BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20210011990 Francisco J. Torres and Yanara Gonzalez Martell Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Francisco J. Torres and Yanara Gonzalez Martell, on behalf of themselves, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20210011990 dated the 3' day of December, 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 March 4, 2022, 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 obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the unpermitted screen room/lanai 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 provjsions of this agreement and all costs of abatement shall be assessed to the property owner. I • Resp epr sentative (sign) Cristina Perez, Sup r for Michael Ossorio, Director Code Enforcement Division C-10, ( O \Xee , 0 -0i-- 2322 Respondent or Representative (print) Date Date REV 3-29-16 C, . , I .. Respondent or Representative (sign) x -t /avro spondent or epresenta e (print) 01/di/-ota4 _ 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 15th day of M ch 2022 to Respondent: Francisco J. Tones and Yanara Gonzalez Martell, 2696 54th St. SW,Naples,FL 4116 --. — Code Enforceme t Officia CODE ENFORCEMENT—SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No.—CENA20210011108 LENNY MUJICA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate April 1, 2022, and the Special Magistrate, having heard testimony under oath, received evidence and 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, LENNY MUJICA, is the owner of the subject real property located at 2960 30th Avenue SE,Naples, Florida 34117, Folio No. 41345360008. 2. Respondent was duly notified of the date of hearing by certified mail and posting, but was not present at the hearing. 3. Respondent's property is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179, Section 54-181 and Section 54-185(b), and Collier County Land Development Code 04-41, as amended, Section 2.02.03, in the following particulars: Weeds/grass exceeding 18 inches in height within 30 feet of the house, and litter consisting of, but not limited to,toilets,car parts, pipes,buckets, propane tanks,tools and paper throughout the property. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: INSTR 6252373 OR 6126 PG 3725 RECORDED 5/13/2022 3:58 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 A. Respondent is found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-179, Section 54-181 and Section 54-185(b), and the Collier County Land Development Code 04-41, as amended, Section 2.02.03. B. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.70 on or before May 1,2022. C. Respondent must abate the violation by mowing or causing to be mowed all weeds, grass or other similar non-protected overgrowth in excess of eighteen(18) inches in height located within thirty (30)feet of any residential structure up to any lot line,down to a height of less than six(6)inches on or before May 1,2022,or a fine of$50.00 per day will be imposed until the violation is abated. D. Respondent must also abate the litter violation by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure on or before May 1,2022,or a fine of $50.00 per day will be imposed until the violation is abated. E. Respondent shall notify the Code Enforcement Investigator when the violation has been abated in order for the County to conduct a final inspection 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 Sheriffs Office to enforce the provisions of this Order. All costs of abatement shall be assessed to the property owner and may become a lien against the property. DONE'AND ORDERED this day of April 2022 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT I,Crystal K.Kinzel,Cleric of Cc-srss:.:and for Collier County SPECIAL MAGISTRATE do Nearby,;3rtify;:rat the t.Ig-ve last ent is a true a.L J correct copy of'h bri t fedlb? (.11 r y, e � ; By: Clerk Dat : Iv ' DA . G T ON 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. 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 12th day of A ril 2022 to Respondent: Lenny Mujica, 610 NW 7'' St.,Dania Beach,FL 33004-2307 Code Enforcement Off cial CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No.—CEROW20200008888 JAMES D.DANDRIDGE and JAIMIE S.DANDRIDGE Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on April 1, 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. Respondents, JAMES D.DANDRIDGE and JAIMIE S.DANDRIDGE,are the owners of the subject real property located at 6171 Cedar Tree Lane,Naples, Florida 34116, Folio# 38222000009. 2. Respondents were duly notified of the date of hearing by certified mail and posting, but were not present for the hearing. 3. Respondents' property is in violation of the Collier County Code of Laws and Ordinances, Article II, Chapter 110, Section 110-31(a), as follows: Expired right-of-way 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, INSTR 6252374 OR 6126 PG 3728 RECORDED 5/13/2022 3:58 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 IT IS HEREBY ORDERED: A. Respondents are found guilty of violation of the Collier County Code of Laws and Ordinances, Article II,Chapter 110, Section 110-31(a),by allowing the issued Right-of-Way Permit to expire before all of the requirements of the Ordinance had been met. B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case on or before May 1,2022. C. Respondents are also ordered to abate the violations by obtaining a Collier County Right-of- Way permit and all required inspections through final approval, and remove from the right-of- way any and all offending materials from any activity not permitted pursuant to a valid Collier County Right-of-Way permit on or before May 1,2022 or a fine of$100.00 per day will be imposed until the violation has been abated. D. Respondents 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 Respondents fail 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. All costs of abatement shall be assessed to the property owner and may become a lien on the property. DONE AND ORDERED on this day of April 2022 at Naples,Collier County,Florida. ;"V! r: COLLIER COUNTY CODE ENFORCEMENT x 'ti '' . '� SPECIAL MAGISTRATE *Y y r •• �,. I,Crystal K Kimel,Clerk off>r'l in for Collier Countymet do heafiy, ni the��:'r:"-""'.tom is rte. fy copy ate rigi ed in Cr i o Deputy Clerk By: . Data: s r4�ti,• NDA C. GARRE ON 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correc copy of this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S. Mail on this 12th d of Ap ' 2022 to Respondent: James&Jamie Dandridge, 6171 Cedar Tree Ln,Naples,FL 34116 Code Enforc nt Official Lcouty Growth Management Department Code Enforcement Division DATE: May 18, 2022 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. 01-144, • O ' Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239-252-2440•www.cothergov.net CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA INSTR 6256546 OR 6130 PG 2360 BOARD OF COUNTY COMMISSIONERS RECORDED 5/23/2022 9:09 AM PAGES 3 COLLIER COUNTY,FLORIDA, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 Petitioner, vs. Case No.—CEEX20220003055-DAS ROBERTO GARCIA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on April 15,2022,and the Special Magistrate, having heard evidence and argument respective to all appropriate matters, and being duly advised in the premises, hereupon issues her Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. This matter is being heard as an appeal of a determination made by the appropriate supervisor at the Collier County Domestic Animal Services that a dog named"Rocky",owned by Respondent, ROBERTO GARCIA, is a dangerous dog as defined in Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-38. 2. On the date and time of the incident, which is the subject of this appeal, Respondent was the legal owner of the dog identified as"Rocky". 3. The dangerous dog determination was based on a reported incident in which Respondent's neighbor entered Respondent's property, located at 26 Ocho Rios,Naples, Florida 34114, and approached the locked fence enclosure where the dog was contained. 4. As the neighbor stood next to the enclosure and put her arm on the top of the fence,the dog jumped up, latching onto and biting the neighbor's arm, causing serious injury and damage to the victim's forearm requiring substantial medical intervention involving stitches and repair to arm. 5. Based on all the evidence presented,which included graphic photographs of the severe injury, it is confirmed that the Respondent's dog, "Rocky", sufficiently meets the criteria of Section 14-38 of the Ordinance to be declared a dangerous dog. 6. Respondent's Notice of Appeal was timely filed. ORDER Based upon the foregoing, 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's Appeal of Collier County Domestic Animal Services' determination of his dog, "Rocky", as a dangerous dog is DENIED,and the determination of"Rocky"as a dangerous dog based on the incident that is the subject of this case shall remain as issued. Any and all restrictions resulting from such designation as are outlined in the subject Ordinance are to be maintained in full by the Respondent. DONE AND ORDERED this 15th day of April 2022 at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE BRENDA C. GARRE'PSON by e.. C4 Cc N Pcp s aae G G \avis ll \0°, injlCet a0h�u ,00 CA�y GY pakx• 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 12th day of Ma 2022 to Respondent(s)Roberto Garcia, 26 Ocho Rios,Naples,FL 34114. ode Enforcement Of ial