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11/2022 Cotter Coi my Growth Management Department /11) Code Enforcement Division t v DATE: November 14, 2022 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. 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 to: Helen Buchillon Administrative Secretary Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 111-138911-649030. 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: 239-252-5892. %."t;nr J� Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wawv.colliergov.net _ s' COLLIER COUNTY CODE ENFORCEMENT INSTR 6332703 OR 6192 PG 2807 CODE ENFORCEMENT BOARD RECORDED 11/22/2022 11:33 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Case No.CENA20220007437 COLLIER COUNTY FLORIDA / REC$27.00 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. 11750 RIGGS RD.,LLC, Respondent. / ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on October 27, 2022, and the Board, 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 Board as follows: FINDINGS OF FACT 1. Respondent, 11750 RIGGS RD.,LLC,is the owner of the subject property(the"Property"). 2. Respondent, having been notified of the date of hearing by certified mail and posting, had Duane Thomas, tenant,as its authorized agent,appear at the public hearing. 3. Prior to the hearing, Respondent entered into a Stipulation, which is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order,and Respondent is ordered to comply. 4. The Property at 11750 RIGGS RD.,Naples,FL 34114,Folio No. 761040008 (Legal Description: 17 51 27 N1/2 OF S1/2 OF SE1/4 OF SW1/4 OF SE1/4 LESS W 30FT 2.30 AC OR 1196 PG 1037)is in violation of Collier County Code of Laws and Ordinances,Chapter 54,Article VI,Sections 54-179,54-181,54-184(1)(c) and 54-184(1)(e),in the following particulars: Concrete,pilings(poles)and miscellaneous litter/debris piled/accumulated throughout the property. 5. The violation has not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violations of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e), do exist, and that Respondent committed, and was responsible for maintaining or allowing the violation to continue as of the date of this 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: Page 1 of 2 A. Respondent is found guilty of violating Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179,54-181,54-184(1)(c)and 54-184(1)(e). B. Respondent must abate all violations by removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections and Certificate of Completion and complete the onsite use of these materials on or before January 25, 2023, or a fine of $100.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order,Collier County may abate the violations using any method to bring the violations 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 Respondent. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before November 26,2022. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this 02 7 day of abef— ,2022 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER , ORI BY: STATE OF FLORIDA o aufma ,C COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of sical presence or ❑ online notarization, this 2 day of JIILUf.,Nbr,_ ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public-State of Florida ;?t/e, HELEN BUCHILLON * t > * Commission#HH 105119 Expires May 15,2025 Commissioned Name of Notary Public 9lFoF F`o- Bonded Thru Budget Notary Services (Print/Type/Stamp) 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, Website: www.colliercountyfl.gov.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 Board 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 this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: 1750 RIGGS RD.,LLC, 1771 BARBADOS AVE.,MARCO ISLAND,FL 34145,on U (bet-- 3 ,2022. Cr;i,al i( I�'n;0l Cleric+Q{'( .y4j;,'and'1er Collier...unty ode Enforcement Official ci h.t y ity .0.4:e aarrfe ireferiitintrA a true r;,,J correct , filet:in C.lier Cdunty,Florida deputy Clerk Br_. Da"'' Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20220007437 11750 RIGGS RD LLC Respondent(s), STIPULATION/AGREEMENTIP Pet,me, the undersigned, v P� ''` r.,I5c 1410_S on behalf of 11750 RIGGS RD LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20220007437 dated the 9th day of August 2022. This agreement is subject to the approval of the Code Enforcement Board. 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 October 27, 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 $ 59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections and Certificate of Completion and complete the onsite use of these materials within 90 days of this Hearing, or a fine of$100.00 will be imposed for each day the violation remains. (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) Jose ucha, Supervisor for ael Ossorio, Director Cod Enforcement Division �L.J. 19 �� 4.., 1 U — 27 - 27, Respondent or Representative (print) Date (G /' / � Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD INSTR 6332704 OR 6192 PG 2810 Case No.CENA20220006982 RECORDED 11/22/2022 11:33 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND CO COLLIER COUNTY FLORIDA REC$27.00 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. 11750 RIGGS RD.,LLC, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on October 27, 2022, and the Board, 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 Board as follows: FINDINGS OF FACT 1. Respondent, 11750 RIGGS RD.,LLC,is the owner of the subject property(the"Property"). 2. Respondent, having been notified of the date of hearing by certified mail and posting, had Duane Thomas, tenant,as its authorized agent,appear at the public hearing. 3. Prior to the hearing, Respondent entered into a Stipulation, which is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order,and Respondent is ordered to comply. 4. The Property at 11750 RIGGS RD.,Naples,FL 34114, Folio No. 761000006 (Legal Description: 17 51 27 S1/2 OF S1/2 OF SE1/4 OF SW1/4 OF SE1/4, LESS W 30FT) is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e), in the following particulars: Concrete,pilings(poles)and miscellaneous litter/debris piled/accumulated throughout the property. 5. The violation has not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violations of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e), do exist, and that Respondent committed, and was responsible for maintaining or allowing the violation to continue as of the date of this 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: Page 1 of 2 A. Respondent is found guilty of violating Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179,54-181,54-184(1)(c)and 54-184(1)(e). B. Respondent must abate all violations by removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections and Certificate of Completion and complete the onsite use of these materials on or before January 25, 2023, or a fine of $100.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order,Collier County may abate the violations using any method to bring the violations 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 Respondent. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before November 26,2022. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this 2 7 day of egelf ,2022 at Collier County,Florida. CODE ENFORCEMENT 'OARD CO ' CO T ,F . ' DA i STATE OF FLORIDA 'obe Chair COUNTY OF COLLIER The foregoing instrument wfs acknowledged before me by means of,, 'physical presence or 0 online notarization, this .Z day of Ncu _4 C-e- ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. KI"ersonally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida co•stSkY aue, HELEN BUCHILLON * ,Liss Commission#HH 105119* Commissioned Name of Notary Public N� -.'ft oQ Expires May 15,2025 (Print/Type/Stamp) 9lFOF 0.09% Bonded Thru Budget Notary Services 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, Website: www.colliercountyfl.gov.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 Board 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 this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: 1750 RIGGS RD.,LLC, 1771 BARBADOS AVE.,MARCO ISLAND,FL 34145,on KOLA/4(AC. 3 ,2022. �i3`l� rrt' ,4T�• *i'9- aft__ „Crystal K.A ire!,Gbh of:' f °I r Code Enforcement fficial do hearbY ja fy..at the:aucie irstrr,4nait is!true ar,,correct copy of"le suiginaifijedinC,Ilierettunty,fI ids Deputy Clerk By: Date: /.4 Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20220006982 11750 RIGGS RD LLC Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, pc, ick,Yns on behalf of 11750 RIGGS RD LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20220006982 dated the 27th day of July 2022. This agreement is subject to the approval of the Code Enforcement Board. 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 October 27, 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 $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Removing all unauthorized accumulation of litter to a site designated for final disposal or obtain all required Collier County approvals, permits, inspections and Certificate of Completion and complete the onsite use of these materials within 90 days of this Hearing, or a fine of$100.00 will be imposed for each day the violation remains. (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) Jos h Mucha, Supervisor for ichael Ossorio, Director Code Enforcement Division ,9/1.sy n S 10/27 / Z2 Respondent or Representative (print) Date le." /t;c- Date I REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD INSTR 6332705 OR 6192 PG 2813 2 Case No.—CESD20220001875 CLERKRECORDED OF THE CIRCU11/22/2022IT COURT11:33AM ANDPAGES COMPTROLLER / COLLIER COUNTY FLORIDA REC$18.50 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Juan Antonio Escalante Erazo, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on October 27, 2022, and the Board, 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 Board as follows: FINDINGS OF FACT 1. Respondent,Juan Antonio Escalante Erazo,is the owner of the subject property(the"Property"). 2. Respondent, having been notified of the date of hearing by certified mail and posting, appeared at the public hearing along with a Spanish translator, Kevin Perez, who testified as to Respondent's efforts to abate the violations. 3. The Property located at 1822 43RD TERR, SW, Naples, FL 34116, Folio No. 35764560000 (Legal Description: GOLDEN GATE UNIT 2 BLK 45 LOT 2) is in violation of Collier County Land Development Code Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i),in the following particulars: An unpermitted conversion of an attached garage into living space including, but not limited to installation of a kitchen and bathroom. An unpermitted wood frame structure in the rear yard. An unpermitted canopy in the rear yard. 4. The violations have not been entirely abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violations of Collier County Land Development Code Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this 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 Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida,it is hereby ORDERED that: Page 1 of 2 A. Respondent is found guilty of violating Collier County Land Development Code Ord. No. 04-41, as amended,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i). B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition permit(s) including all required inspections up to the issuance of the Certification of Completion/Occupancy for the unpermitted garage conversion on or before April 25, 2023, or a fine of $50.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order,Collier County may abate the violations using any method to bring the violations 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 Respondent. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.35 on or before November 26,2022. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this,a? day of(41)24 ,2022 at Collier County,Florida. CODE MENT BOARD C IER CO Y,FLORIDA Y: STATE OF FLORIDA R e aufm it COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of,Kphysic resence or 0 online notarization, this Z day of �fcj b£L , 2022, by Robert Kaufman, Chair of the Collier County Code Enforcement Board Collier County,Florida. Q� Personally Known OR 0 Produced Identification ILL Signature of Notary Public State of Florida Type of Identification Produced ttskyNo HELEN BUCHILLON * tom * Commission#HH 105119 Commissioned Name of Notary Public N,>,°;wi° 'e Expires May 15,2025 (Print/Type/Stamp) �l'eo;,`e Bonded Thru Budget Notary Services 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, Website: www.colliercountyfl.gov. 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 Board 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 this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has lleen sent by U.S. Mail to: Juan Antonio Escalante Erazo, 1822 43RD TERR. SW,Naples,FL 34116,on k l .tbEX-.3 ,2022. • �, _�N eLpC� � t p� I,Crystal K:Kinz 'rCt@ris ot4.�i''• n ibr...Colr C linty Code Enforcement Official dri hearby`.ertily tip the ai?i fum nFts a true J correct copy(Jr originstilled it C.ler Co ty,Sforio By: 4eputy Clerk Data: a— Page 2 of 2 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD - Case No.—CESD20210008551 INSTR 6332706 OR 6192 PG 2815 / RECORDED 11/22/2022 11:33 AM PAGES 3 OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS COLLIER CLERK COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$27.00 Petitioner, vs. R&M REAL ESTATE COMPANY,INC., Respondent. / ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on October 27, 2022,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,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 Board as follows: FINDINGS OF FACT 1. On January 27, 2022, Respondent, R & M REAL ESTATE COMPANY, INC., was found guilty of violating Collier County Land Development Code,Ord.No.04-41,as amended,Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), on the subject property located at 4100 Golden Gate Pkwy., Naples, FL 34116, Folio No. 35640120001 (Legal Description: GOLDEN GATE UNIT 1 BLK 1,LESS THAT PORTION AS DESC IN OR 812 PG 1326, LESS THAT PORTION AS DESC IN OR 779 PG 348;TOGETHER WITH THAT PORTION OF GOLDEN GATE UNIT ONE TRACT A DESC AS: COMM AT NW CNR OF BLK 1,RUN S OODEG 31'32"E ALG W SIDE OF BLK 1 FOR 460.24FT,THEN ALG A CURVE TO THE LEFT FOR 78.16FT, THEN N 89DEG 30'20"E FOR 149.52FT TO POB; THEN N 89DEG 30'20"E FOR 143.25FT, S OODEG 29'40"E FOR 116.67FT, S 89DEG 53'11"W FOR 72.43FT,N 86DEG 58'47"W FOR 69.02FT, N 02DEG 03'40"FOR 48.97FT, N 14DEG 13'43"W FOR 17.31FT, THEN N 00 DEG 29'40"W FOR 46.23FT TO POB),hereinafter referred to as the"Property"),in the following particulars: Unpermitted improvements/renovations to rooms without required Collier County Building Permit(s). 2. On the same date as above, the Board issued an Order ordering Respondent to abate the violations on or before April 27, 2022, or a fine of$150.00 per day would be assessed for each day the violations remained thereafter(A copy of the Order is recorded at OR BK 6095,PG 3268). 3. Respondent, having been notified of the date of hearing by certified mail, posting and/or personal service, had Chris Gremley appear as its authorized agent at the public hearing. 4. Prior operational costs of$59.28 incurred by Petitioner in the prosecution of this case have been paid. 5. Operational costs in the amount of$59.42 have been incurred by Petitioner for this hearing. 6. The violations have not been abated as of October 27,2022. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: Page 1 of 3 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of$150.00 per day are assessed and imposed against Respondent for 183 days for the period from April 28,2022,to October 27,2022,for a total fine amount of$27,450.00. C. Respondent shall pay operational costs in the total amount of$59.42 D. Respondent shall pay fines and costs in the total amount of$27,509.42 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County,Florida. E. The daily fines of$150.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this ,&7 day of dCEe..— ,2022 at Collier County,Florida. CO t ENFOR MENT B G ARD OLLIER e ! Y, '; I RIDA STATE OF FLORIDA •rr K. COUNTY OF COLLIER , The foregoing instrument was acknowledged before me by means o •hysical Presence or 0 online notarization, this a day of (f i.,4L e.— ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification Signature of Notary Public- State of Florida Type of Identification Produced ciso?ue HELEN BUCHILLON r ' Commission#HH 105119 Commissioned Name of Notary Public Nf o: Expires May 15,2025 (Print/Type/Stamp) 9rFOF p�OQ Bonded Thru Budget Notary Services 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, Website: www.colliercountyfl.gov. 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 Board 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 transcribe4xepbfd otf,tl}e hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. ,• , .�f�4`*n�'.., I,Crystel K: el,Clerk of CeL,rts: and for C ier r ,mty do Nearby er tfy.",at trre 4ru a irtsft rrn nt is a'f ue J correct copy of"ie origttaffiler31 !tjer County,Fl 'a Page 2 of 3 By: Deputy Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.SIMail to: R& M REAL ESTATE COMPANY, INC., 4100 Golden Gate Pkwy., Naples, FL 34116, on f)c�z�1 3 2022. I 1K'��l•rJ�`-� Code Enforcement Official Page 3 of 3 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD INSTR 6332707 OR 6192 PG 2818 Case No.—CESD20210000507 RECORDED 11/22/2022 11:33 AM PAGES 2 / CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS REC$18.50 COLLIER COUNTY,FLORIDA, Petitioner, vs. Rainer Rizo, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on October 27, 2022,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,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 Board as follows: FINDINGS OF FACT 1. On May 27, 2021,the Code Enforcement Board issued a Findings of Fact,Conclusions of Law, and Order, recorded at OR BK 5967,PAGE 2314.The Respondent,Rainer Rizo,was found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) on the subject property located at 510 3RD ST. SW, Naples, FL 34117, Folio No. 37167640004(Legal Description: GOLDEN GATE EST UNIT 12 N1/2 OF TR 98),hereinafter referred to as the"Property,"in the following particulars: Interior alteration of garage to living space and addition to rear of main residence on Estates zoned improved parcel with no Collier County permits obtained for alterations. 2. The violations have been abated as of August 16,2022. 3. Respondent, having been notified of the date of hearing by certified mail, posting and/or personal service, did appear along with Yesenia Valivo as his interpreter offering testimony of the Respondent's continuing diligent efforts to pursue abatement of the violations,the financial harm imposing fines would cause,and the request that fines and costs be waived. 4. On September 23, 2021, and on February 24, 2022, the Code Enforcement Board granted Respondent Continuances. 5. Prior operational costs previously incurred by Petitioner in the prosecution of this case in the amount of 59.28 have been paid. 6. Operational costs in the amount of$59.70 were incurred by Petitioner in the prosecution of this case. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. Page 1 of 2 2. Respondent has demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2)(c), Florida Statutes, to abate and reduce substantially all of the fines, but not the costs accrued against Respondent. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is DENIED. B. Accrued fines of ONLY$1,500.00 shall be imposed against Respondent, and Respondent is ordered to pay Operational Costs of$59.70,for a total amount to pay of$1,559.70 on or before January 25,2023. DONE AND ORDERED this a? day of 0c ,2022 at Collier County, Florida. CODE _ •RCE NI ENT BOARD LIER CO ' ,FLORIDA "---'I 1r STATE OF FLORIDA ' .. Ka never COUNTY OF COLLIER i The foregoing�/ instrument was��acknowledged before me by means of.kphysical Presence or ❑ online notarization, o`this day of kbUrc,�.(,IC7�I ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR❑ Produced Identification Signature of Notary Public- State of Florida Type of Identification Produced otraYPue,, HELEN BUCHILLON r •"'•• Commissioned Name of Notary Public Commission#HH 105119 N �e, Expires May 15,2025 (Print/Type/Stamp) � 1>eOF F.c; Bonded Thru Budget Notary Services 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, Website: www.colliercountyfl.gov.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 Board 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 this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copiy of this ORDER has been sent by U.S. Mail to: Rainer Rizo,510 3RD ST. SW,Naples,FL 34117,on Ablif.c.( .3 ,2022. LL1LL Code Enforcement Official tiP gt,tI ofl 8ni r Collier C !nty "AY #; .,at .91ent4a true E Correct cc?y o1;•h gmal file::in G%?lier Cotmty, By: • eputy Clerk Data: i Page 2 of 2 Co T.Y ` --