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12/2022 Colter C►onty Growth Management Department Code Enforcement Division DATE: December 7, 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. c'ruN Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wuwv.colliergov.net COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD - Case No.—CELU20220005097 INSTR 6341615 OR 6199 PG 1722 / RECORDED 12/16/2022 1:55 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, vs. Michael Ray Marolla, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on November 18, 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 July 28,2022,Respondent(s),Michael Ray Marolla,was(were)found guilty of violating Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a) and Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 1.04.01(A) and 2.02.03 on the subject property located at 2961 28th Ave. SE, Naples, FL 34117, Folio No. 41345480001 (Legal Description: GOLDEN GATE EST UNIT 88 W 180FT OF TR 70), hereinafter referred to as the "Property"), in the following particulars: People living/lodging out of a camper,RV,mobile home,or trailer on a property not zoned for such use. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before August 27,2022,or a fine of$250.00 per day would be assessed for each day that each of the two sets of violation(s)remained thereafter(A copy of the Order is recorded at OR BK 6183,PG 3974). 3. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, did not appear at the public hearing. 4. Prior operational costs of$59.35 incurred by Petitioner in the prosecution of this case have not been paid. 5. Operational costs in the amount of$59.35 have been incurred by Petitioner for this hearing. 6. The violation(s)have not been abated as of November 18,2022. 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. 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(s). Page 1 of 2 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$250.00 per day are assessed and imposed against Respondent(s) for each of the two sets of violations for 83 days for the period from August 28,2022,to November 18,2022,for a total fine amount of $41,500.00(2 x$20,750.00). C. Respondent(s)shall pay operational costs in the total amount of$118.70. D. Respondent(s) shall pay fines and costs in the total amount of $41,618.70. or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. E. The daily fines of$250.00 for each of the two sets of violation(s) shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this i day of NOViA -f-- ,2022 at Collier County,Florida. COD- ,'"a ' . MENT BOARD a LLIER yw .,F . ' DA I STATE OF FLORIDA ' ..- anZIFF air COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means ofj4 physical Presence or 0 online notarization, this ar day of 1,&)-M fvsl�_ ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. � Personally Known OR 0 Produced Ident ification floc) —-?:-_-)J\-jit-- Type of Identification Produced Signature of Notary Public- State of Florida o,PRY PO& HELEN BUCHILLON _ ' Commission#HH 105119 Commissioned Name of Notary Public N, o� Expires May 15,2025 (Print/Type/Stamp) 9TFOF Ft.UQ Bonded Thru Budget Notary Bermes 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: Michael Ray Marolla,2961 28th Ave. SE,Naples,FL 34117,on c,F.dI L. ',f ,2022. I,Crystal K.Kinzel,Clerk of Courts in and kit Collier County Code Enforcement Official do hearby 6ertify L`rat the above inst ent is a true and correct copy oft ' 'n file n Cn.'i rCcatt Oda By. • Deputy Clerk Page 2 of 2 Data: _ COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD R 67 Case No.—CENA20220005404 RECORDEDINSTR6341616 12/1O6/2022 1991 55PG PM 24 PAGES 2 / CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Michael Ray Marolla, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on November 18, 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 July 28,2022,Respondent(s),Michael Ray Marolla,was(were)found guilty of violating Collier County Code of Laws and Ordinances,Chapter 54,Article VI,Sections 54-179 and 54-181,and Collier County Land Development Code, Ord. No. 04-41, as amended, Section 2.02.03 on the subject property located at 2961 28th Ave. SE,Naples,FL 34117,Folio No.41345480001 (Legal Description: GOLDEN GATE EST UNIT 88 W 180FT OF TR 70),hereinafter referred to as the"Property"), in the following particulars: Observed outside storage and litter consisting of but not limited to mattresses,clothes,totes,and other prohibited items. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before August 27,2022,or a fine of$250.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR BK 6185,PG 3011). 3. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, did not appear at the public hearing. 4. Prior operational costs of$59.28 incurred by Petitioner in the prosecution of this case have not been paid. 5. Operational costs in the amount of$59.28 have been incurred by Petitioner for this hearing. 6. The violation(s)have not been abated as of November 18,2022. 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. 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(s). Page 1 of 2 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$250.00 per day are assessed and imposed against Respondent(s) for 83 days for the period from August 28,2022,to November 18,2022,for a total fine amount of$20,750.00. C. Respondent(s)shall pay operational costs in the total amount of$118.56. D. Respondent(s) shall pay fines and costs in the total amount of $20,868.56. or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. E. The daily fines of$250.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this I� day of / �� ,2022 at Collier County,Florida. CODE EMENT B ARD C LIE Y,F RIDA STATE OF FLORIDA of Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of ysical Presence or 0 online notarization, this 86 day of 1JaljtiL ,2022,by Robert Kaufman, air 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 1tav Pue,.� HELEN BUCHILLON 4' ...., * , * Commission#HH 105119 Commissioned Name of Notary Public z- Expires May 15,2025 (Print/Type/Stamp) -4,eaF 0,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 copy of this ORDER has been sent by U.S. Mail to: Michael Ray Marolla,2961 28th Ave. SE,Naples,FL 34117,on NI(:,,14,ti-1�'i�L .9 Q ,2022. _?)tf&it)L Ct-i iiai K.Kinzel,-Cierk of Courts L.and ftor„oilier County Code Enforcement Official do hearby eitify,nat the abcae iatrum'ena a true a....correct copy of''' ' nal 'in GellerCou , lorida By: / 1" Deputy Clerk Da; : / !37;9-?— Page 2 of 2 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD R 6 Case No.CEVR20220003493 RECORDED INSTR6341617 12/16O/2022199 1:55PG PM1726 PAGES 4 / CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS REC$35.50 COLLIER COUNTY,FLORIDA, Petitioner, vs. SUSO 4 MISSION HILLS LP AND SLATE ASSET MANAGEMENT LP, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on November 18, 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(s), SUSO 4 MISSION HILLS LP AND SLATE ASSET MANAGEMENT LP, is/are the owner(s)of the subject property(the"Property"). 2. Respondent(s),having been notified of the date of hearing by certified mail and posting,did not appear at the public hearing. 3. Prior to the hearing,Respondent(s) entered into a Stipulation,which is attached hereto as Exhibit"A."The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 7550 MISSION HILLS DR.,Naples,FL 34119,Folio No.60204200044(Legal Description: MISSION HILLS SHOPPING CENTER TRACT 1 LESS REFERENCED NEW TR 10 DESC IN OR 3970 PG 366) is in violation of Collier County Land Development Code, Ord. No. 04-41, as amended, Section 4.06.05(k)(2)and Collier County of Laws and Ordinances,Chapter 22,Article VI,Section 22-228(1),in the following particulars: Failure of required landscaping.Unmaintained irrigation system within required landscaping areas. 5. The violation(s)has/have 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 violation(s)of Collier County Land Development Code,Ord. No. 04-41, as amended, Section 4.06.05(k)(2) and Collier County of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1), do/does exist, and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s)to continue as of the date of this hearing. Page 1 of 3 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. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord.No. 04-41, as amended,Section 4.06.05(k)(2)and Collier County of Laws and Ordinances,Chapter 22,Article VI,Section 22-228(1). B. Respondent(s)must abate all violations by: 1)replacing required vegetation that has perished and implement an ongoing maintenance plan to maintain healthy landscaping,AND 2)repairing and maintaining irrigation system(s) to ensure all required landscaping areas are properly watered to ensure survival of vegetation on or before May 17,2023,or a fine of$100.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)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(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before December 18,2022. E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this �2> day of koa CJIi+— ,2022 at Collier County,Florida. CODE ►1 • 'CEMENT BOARD C• IER CS_ Y,F O' •A B . �� =� STATE OF FLORIDA Ro I ert grr COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Wphysical presence or ❑ online notarization, this AS? day of ikkUrc M k EPL— ,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 nosy PUBIi HELEN BUCHILL.ON Commission#HH 105119 Commissioned Name of Notary Public Nr �j Expires May 15,2025 (Print/Type/Stamp) � 'if�oe 9eOF FvoP 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. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: SUSO 4 MISSION HILLS LP AND SLATE ASSET MANAGEMENT LP, 121 KING ST.W, STE. 200,TORONTO,ONTARIO CANADA,M5H 3T9, on p ,2022. ii2j6GO,ULL Code Enforcement Official I,Crystal K,Kin7 1,Cie;i c`^ urts and%or Collier C:omty do hearhy;;^rtiit ..;e Ih',strurru1t'Is a true a.,;correct copy of ' `:A i!<u„.n , rida By: Deputy Cler':; Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20220003493 SUSO 4 MISSION HILLS LP and SLATE ASSET MANAGEMENT LP Respondents, STIPULATION/AGREEMENT Before me, the undersigned, C rA,/J 1/1,/. ,If t.te//c/' , on behalf of SUSO 4 MISSION HILLS LP and SLATE ASSET MANAGEMENT LP, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEVR20220003493 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 November 18, 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 violation of: Failure of required landscaping and Unmaintained irrigation system within required landscaping areas, as 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) Abate all violations by: a) Must replace required vegetation that has perished and implement an ongoing maintenance plan to maintain healthy landscaping within 180 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. b) Must repair and maintain irrigation system(s)to ensure all required landscaping areas are properly watered to ensure survival of vegetation within 180 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 provisions of this greement and all costs of abatement shall be assessed to the property owner. Responde or Representative (sign) g,Pxtoc6y 4 - , Supervisor for Michael Ossorio, Director -2k.// Code Enfo cement Division ,47. /17t•c'. ../XL/? G-1.)- fr(a,//O 1--- // /ZG2.2 Respondent or Representative (print) /� /� '� Date ��/ --/z L Date Cam-✓`-- _ — 1( I .. pu'•., AMBER L PAUL � NotaryPublic I ? 1 �'� •State of Florida :1 iii oa= Commission#HH 318562 REV 3-29-16 ."•:?,or 1! My Comm.Expires Jan 28,2027 ` 1 ...,.Bonded through National Notary Assn. 0 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD -- Case No.CESD20220003245 INSTR 6341618 OR 6199 PG 1730 / RECORDED 12/16/2022 1.55 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS REC$35.50 COLLIER COUNTY,FLORIDA, Petitioner, vs. NAPLES-DAVIS BLVD.,LLC C/O BENDERSON DEVELOPMENT CO.,LLC, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on November 18, 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(s),NAPLES-DAVIS BLVD.,LLC C/O BENDERSON DEVELOPMENT CO.,LLC,is/are the owner(s)of the subject property(the"Property"). 2. Respondent(s), having been notified of the date of hearing by certified mail and posting,had its authorized agent,Paul Young,appear at the public hearing. 3. Prior to the hearing,Respondent(s)entered into a Stipulation,which is attached hereto as Exhibit"A."The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 8760 DAVIS BLVD., Naples, FL 34112, Folio No 34690080008 (Legal Description: GATOR GATE UNIT 1 AND GATOR GATE UNIT 2, THAT PART OF TR 1 AND 2 AS DESC IN OR 2962 PG 221,LESS THAT PORTION AS DESC IN OR 4026 PG 3583,LESS THAT PORTION FOR R/W AS DESC IN OR 4360 PG 2653,LESS THAT PORTION FOR R/W AS DESC IN OR 5773 PG 518)is in violation of Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 5.06.06(A)(8) and 10.02.06(B)(1)(a),in the following particulars: Unpermitted sign alterations. 5. The violation(s)has/have 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 violation(s)of Collier County Land Development Code,Ord. No.04-41,as amended,Sections 5.06.06(A)(8)and 10.02.06(B)(1)(a),do/does exist,and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s)to continue as of the date of this hearing. Page 1 of 3 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. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended,Sections 5.06.06(A)(8)and 10.02.06(B)(1)(a). B. Respondent(s) must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit(s),pass all related Inspections,and be issued a Certificate of Completion/Occupancy for the unpermitted and unapproved sign alterations;to include,but not be limited to: construction, installation, rebuilding,reconstruction.relocation,alteration,or changes to the message of the sign on or before May 17, 2023,or a fine of$100.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)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(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before December 18,2022. E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ll day of JU 4 bFt. ,2022 at Collier County,Florida. CODE ENFORCEMENT BOARD COLir ' " ' TY,FLORT9A STATE OF FLORIDA R!:-rt u - . r ir COUNTY OF COLLIER The fore oing instrument wj�s accknowledged before me by means of.� •sical presence or 0 online notarization, this oe day of n,C,exM_ ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida.X Personallygf2 D, Known OR 0 Produced Identification kZ: Type of Identification Produced Signature of Notary Public- State of Florida o00.PVe,, HELEN BUCHILLON a luil, * Commission#HH 105119 * , � Commissioned Name of Notary Public Ny, , e Expires May 15,2025 (Print/Type/Stamp) 9r60,F�oF 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. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: NAPLES-DAVIS BLVD., KLC C/Ot BENDERSON DEVELOPMENT CO., LLC, 570 DELAWARE AVENUE, BUFFALO, NY 14202, on ad ,2022. • I,Crystal K. nzei,G1erk ofCotrts i..end for jollier C_unty Code Enforcement Official do hearby.,ertify.i rat the aa;.1e i,)struwt is iiiitrue a.:;correct copy of" rigin 'in Cr'lier > 1+/,Florida perry Clerk Byi 79-2= . Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20220003245 NAPLES-DAVIS BLVD., LLC % BENDERSON DEVELOPMENT CO LLC Respondent, STIPULATION/AGREEMENT Before me, the undersigned, ( /�U L y©o�� - , on behalf of Naples-Davis Blvd., LLC, % Benderson Development Co., LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20220003245 dated the 7th day of April, 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 November 18, 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) Must obtain all required Collier County Building Permit(s) or Demolition permit(s), pass all related inspections, and be issued a Certificate of Completion/Occupancy for the unpermitted and unapproved sign alterations; to include, but not be limited to: construction, installation, rebuilding, reconstruction, relocation, alteration, or changes to the message of the sign within 180 days of the 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 provisions of this agreement and all costs of abatement shall be assessed to the property vw R-spond o Ri eeseIativve iign) gnocry , Supervisor for Michael Ossorio, Director Code Enforcement Division YD onO\ Respondent or Re resent tive (print) ate \ I - \y, ZD2-z Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20220001044 R 6 P 1734AGES 2 / RI 12/16O/2022199 1:55G PM P CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA REC$18.50 COLLIER COUNTY,FLORIDA, Petitioner, vs. BLACK RIVER ROCK,LLC, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on November 18, 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 26, 2022, Respondent(s), BLACK RIVER ROCK, LLC, was(were) 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 12285 COLLIER BLVD., Naples, FL 34116, Folio No. 35778480008 (Legal Description: GOLDEN GATE UNIT 2 BLK 74 LOTS 24, 25 & 26), hereinafter referred to as the"Property"),in the following particulars: Installation of a wall with door in the rear of unit#6 without required permits. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before August 24,2022,or a fine of$150.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR BK 6141,PG 1018). 3. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, did not appear at the public hearing. 4. Prior operational costs of$59.28 incurred by Petitioner in the prosecution of this case have not been paid. 5. Operational costs in the amount of$59.28 have been incurred by Petitioner for this hearing. 6. The violation(s)have not been abated as of November 18,2022. 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. 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(s). ORDER Page 1 of 2 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(s) for 86 days for the period from August 25,2022,to November 18,2022,for a total fine amount of$12,900.00. C. Respondent(s)shall pay operational costs in the total amount of$ 118.56. D. Respondent(s) shall pay fines and costs in the total amount of $13,018.56. or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)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. y/ DONE AND ORDERED this /g'`'l lay of A btL_ ,2022 at Collier County,Florida. CODE ENF•RCEMEN ' BOARD CO+� a Y, LORIDA STATE OF FLORIDA Y e' �'t ,Chair COUNTY OF COLLIER �� The foregoing instrument was acknowledged before me by means of:4 physical Presence or 0 online notarization, this 4( day of re M .e._ ,2022,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification 1AL Type of Identification Produced Signature of Notary Public-State of Florida 2p•PAY PUB( HELEN BUCHILLON * * Commission#HH 105119 Commissioned Name of Notary Public , Expires May 15,2025 (Print/Type/Stamp) 9TFOF Ft.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 been sent by U.S. Mail to: BLACK RIVER ROCK, LLC, 6209 MID RIVERS MALL DR. #318, ST. CHARLES, MO 63304, on NoUt.N,b ,2022. I,Crystal K.heftyKiazel;Clerk of Courts.;,.dad for.;oilier C;unty Code Enforcement fficial do hey;.e4fq',b dt ttie:oi,t<a it,strurae,nt is a true a.:,;correct copy of,. e n I f o ' Florida By: Ii / Deputy Clerk Ca. : 'A 5/ - Page 2 of 2