01/2023 November 4, 2022
B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED
IN SUBMITTED EXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES
REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY.
Special Magistrate Neale reviewed the cases cited in the Executive Summary and GRANTED the
County's Request.
XI. REPORTS
None
XII. NEXT MEETING DATE—DECEMBER 2, 2022 at 9:00am
There being no further business for the good of the County, the Hearing was adjourned by Order of the
Special Magistrate at 2:30PM.
COLLIER COUNTY SPECIAL MAGISTRATE
I,Crystal K.IGnzel,Clerk of Courts ir.and for Collier C.unty HEARING 1
do hearty,ertify,.;at the abc instrument is a true a,„t correct !�
copy of final led in Geller Florida
By:
Deputy Clerk
Patric_H. Neale, Special Magistrate
The Minutes were approved by the Special Magistrate on /a — .2 — oZ , as presented <✓" ,
or as amended
INSTR 6351133 OR 6206 PG 2479
RECORDED 1/13/2023 4 54 PM PAGES 1
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$10.00
23
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEEX20220010990-DASV22-014467
BECKY MATO
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on January 6, 2023, and the
Special Magistrate, having received evidence and heard argument respective to all appropriate matters,
hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Citation number DASV22-014467 was issued on December 10, 2022 by Domestic Animal
Services officer, Olivia Martinez.
2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances,
Chapter 14, Article II, Section 14-36(3)(hereafter Section 14-36(3)),to wit horse known as
"Barbaro" inside pen without access to shelter from wind and rain, second offense.
3. Respondent was notified of the date of today's hearing by certified mail and posting and
Respondent was present at the hearing.
4. The Petitioner and Respondent presented evidence and testimony as the relevant facts and
law in this matter. The Petitioner proved by a preponderance of the substantial competent
evidence that the Respondent was in violation. In particular, the Petitioner presented
photographic evidence that the horse "Barbaro"was housed in a tent-like structure without
walls. Section 14-36(3)requires that a shelter for an equine animal, "A. Provide protection
from the direct rays of the sun and the direct effect of wind and rain; B. Provide a wind break
and rain break; C. Provide a solid roof; D. Provide protection from the elements at all times;
and E. Provide space for each animal to comfortably stand up, sit down, lie down and turn
around in the shelter. If the shelter is used for more than one (1) animal at the same time, it
must provide enough space for each animal to comfortably stand up, sit down, lie down and
turn around simultaneously."
INSTR 6356281 OR 6210 PG 1417
RECORDED 1/30/2023 9:27 AM PAGES 2
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$18.50
5. The evidence presented clearly showed that the shelter did not meet the requirements of
Section 14-36. Therefore,the Respondent violated Section 14-36(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 Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondent is charged with a violation of Collier County Code of Laws and Ordinances,
Chapter 14, Article II, Section 14-36(3), and found in violation of same, to wit horse known
as "Barbaro" inside pen without access to shelter from wind and rain, second offense.
B. Respondent is ordered to pay operational costs in the amount of$50.00 plus
administrative fee of$5.00 incurred in the prosecurtion of this case,within thirty(30)
calendar days (February 5,2023).
C. Respondent is assessed a civil penalty of$357.00, plus operational costs and
administrative fees in the amount of$55.00, for a total charge of$412.00 to be paid
within thirty(30) calendar days from the date of this hearing(February 5,2023).
DONE AND ORDERED this 6th day of January,2023,at Naples, Collier County,Florida.
COLLIER COUNTY COD ENFO CEMENT
SPECIAL MAGIST
Patrick H.N , sq.
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.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 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 a Notice of Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy f this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this?3 r day of 23 to Respondent, Becky
Mato, 3380 2'Avenue SE,Naples, FL 34117.
�t .
•
ode Enforcement fficia
I,Crystal'K Kiniel dierk of Courts II?,and for3ollier C-,unty
do hearby eertify;.rat the abc-ie i;strument is`,a true a..J correct
copy of the'' '"nal file in Co'1i Conn Eia
By: uty Clerk
Data: t c Z
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CODE ENFORCEMENT- SPECIAL MAGISTRATE ,T X o o S
COLLIER COUNTY, FLORIDA o 0
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BOARD OF COUNTY COMMISSIONERS o
COLLIER COUNTY, FLORIDA, • w
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Petitioner, DOD o
vs. Case No. CESD20220009834 z i7
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R& M REAL ESTATE COMPANY,INC. o
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Respondent.
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ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on January 6, 2023, and the
Special Magistrate, having received evidence and heard argument respective to all appropriate matters,
hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondent, R&M Real Estate Company, Inc. is the owner of the property located at 4100
Golden Gate Parkway,Naples FL 34116, Folio 35640120001.
2. Respondent was duly notified of the date of hearing by certified mail and posting and
Attorney Christyna Torrez,was present at the hearing representing the Respondent.
3. Respondent has stipulated to the fact that the property is in violation of Collier County Land
Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)
to wit unpermitted renovations not limited to installation of a wet bar, installation of a new
storage/clothes closets, and installation of air conditioning units with the following rooms:
West Building# 131, 132, 133, 134, 135, 136, 137, 138, 140, 142, 143, 144, 145, 149, 229,
231,232, 233, 234, 235, 238, 239, 242, 243, 244, 245, 247, 249, 329, 331, 332, 333, 334,
335, 337, 338, 339, 342, 343, 344, 345, 347, 349, 429, 437, 432, 433, 435, 436, 438, 439,
442,443, 445, 448, and 449. East Building: 201, 202, 203, 204, 205, 206, 207, 208, 209, 211,
214, 216, 218, 219, 220, 221, 224, 226, 227, 301, 303, 305, 306, 307, 309, 311, 314, 315,
317, 318, 319, 320, 322, 321, 323, 325,405, 406, 407,408, 414, 415, 417, 421, 420, 422 and
423. 2-Story Free Standing Building: 151, 153, 155, 157, 159, 161, 251, 253, 255, 257,
259, and 261. Including all storage rooms and or mechanical rooms, or any other feature of
the buildings that underwent modifications to accommodate the unpermitted renovations
not limited to plumbing and electrical. The stipulation was executed by the attorney for
the Respondent, Christyna Torrez.
4. The Attorney for Respondent presented evidence that Respondent is in the process of abating
the violation and requires additional time in order to comply.
5. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, as
amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i)to wit unpermitted renovations not
limited to installation of a wet bar, installation of a new storage/clothes closets, and installation of
air conditioning units with the following rooms: West Building# 131, 132, 133, 134, 135, 136,
137, 138, 140, 142, 143, 144, 145, 149, 229, 231, 232, 233, 234, 235, 238, 239, 242, 243, 244, 245,
247, 249, 329, 331, 332, 333, 334, 335, 337, 338, 339, 342, 343, 344, 345, 347, 349, 429, 437, 432,
433, 435, 436, 438, 439, 442, 443, 445, 448, and 449. East Building: 201, 202, 203, 204, 205, 206,
207, 208, 209, 211, 214, 216, 218, 219, 220, 221, 224, 226, 227, 301, 303, 305, 306, 307, 309, 311,
314, 315, 317, 318, 319, 320, 322, 321, 323, 325, 405,406, 407, 408, 414, 415, 417, 421, 420, 422
and 423. 2-Story Free Standing Building: 151, 153, 155, 157, 159, 161, 251, 253, 255, 257, 259,
and 261. Including all storage rooms and or mechanical rooms, or any other feature of the buildings
that underwent modifications to accommodate the unpermitted renovations not limited to plumbing
and electrical.
B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the
prosecution of this case within thirty(30) calendar days from the date of this hearing
(February 5,2023).
C. Respondent must abate the violation by obtaining all Collier County Building Permit(s)or
Demolition Permit, inspections through to the issuance of the Certificate of Completion/Occupancy
for all unpermitted renovations and/or modifications made to the guest rooms, storage rooms,
mechanical rooms and areas associated or to return them to their originally permitted condition
within two hundred ten (210) days of the date of this hearing (August 4,2023) or a fine of
$1000.00 per day will be imposed until the violation is abated.
D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance in order for the County to conduct a final inspection to confirm abatement.
E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code
Enforcement Department may abate the violation using any appropriate method to bring the
violation into compliance. If necessary,the County may request the services of the Collier County
Sheriff's Office in order to access the property for abatement and enforce the provisions of this
Order. All costs of abatement shall be assessed against the property owner and may become a lien
on the property.
DONE AND ORDERED this 6th day of January 2023, at Naples,Colli*'r County,Florida.
COLLIER COUNTY ENFORCEMENT
SPECIAL MAG
Patri .Neale,Esq.
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.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 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 a Notice of Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy f this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this r day o 2023 to Respondent, R&M
Real Estate Company Inc.,4100 Golden Gate Parkway Naples, FL 341 a to Registered Agent,Felicia
G. Gonzalez, 4100 Golden Gate Parkway,Naples, FL 4116.
Code Enfor ent O > ial
I,Crystal K.141, lerlr o Gouds for.Mier C^unty
do hearby..ertr „rat thepai fe itstnar t Is:a t ue a.y correct
cop of the at I:filed 14er Co ty,Floti Deputy Clerk
By:`
Data:
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BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CESD20220009834
R & M Real Estate Company, Inc
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned,Lhrl.cty .Trref , on behalf of R & M Real Estate Company, Inc,
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CESD20220009834 dated the 21st day of November, 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 the 6th day of January 2023; 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 through to the issuance of the Certificate of Completion/Occupancy for all
unpermitted renovations and/or modifications made to the guest rooms, storage rooms,
mechanical rooms and areas associated or to return them to their originally permitted condition
within PO days of this hearing or a fine of $1000.00 per day will be imposed until the violation
is abated.
4) 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.)
5) 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
°ems �'
Res onden�resen a \ve (sign) 401fy A vsi t , Supervisor
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for Michael Ossorio, Director
Code Enforcement Division
P11 1-1s n� D0/02_?
Res onden or Representative (print)
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Date
REV 3-29-16
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CESD20220005678
RICARDO GUAJARDO AND HOLLI
STRICKHORN
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on January 6, 2023, and the
Special Magistrate, having received evidence and heard argument respective to all appropriate matters,
hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondents are the owners of the property located at 4607 Dominion Drive,Naples, FL
34112, Folio 22624560001.
2. Respondents are charged with a violation of Collier County Land Development Code 04-41,
as amended, Section 10.02.06(B)(1)(e)(i)to wit alterations to the primary structure expanded
front entryway overhang and side building small roof extension and multiple accessory
structures (sheds) have been constructed without the required Collier County permits.
3. Respondent was notified of the date of today's hearing by certified mail and posting and
Respondent Holli Strickhorn was present at the hearing and presented testimony and
evidence.
4. Respondent presented testimony and evidence contesting the subject violations, representing
that Respondents have removed 2 sheds from the back of the property and a permit has been
applied for regarding the front overhang. The Petitioner testified that the sheds had been
removed,but testimony and evidence was presented that proved by a preponderance of the
evidence that the roof extension was in violation of the aforementioned ordinance.
INSTR 6356283 OR 6210 PG 1423
RECORDED 1/30/2023 9:27 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27 00
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. Respondents are found to be in violation of Collier County Land Development Code 04-41, as
amended, Section 10.02.06(B)(1)(e)(i)to wit alterations to the primary structure, expanded front
entryway overhang, and side building small roof extension have been constructed without the
required Collier County permits.
B. Respondent is ordered to pay operational costs in the amount of 111.65 within sixty(60)
calendar days of the date of this hearing, (March 7,2023).
C. Respondent must abate the violation by obtaining all Collier County Building Permit(s) or
Demolition Permit, inspections, and Certificate of Completion/Occupancy for all unpermitted
structures within one hundred twenty (120) calendar days (May 6,2023) from the date of this
hearing or a fine of$100.00 per day will be imposed until the violation is abated.
D. Respondent must notify the Code Enforcement Investigator when the violation has been abated in
order to conduct a final inspection to confirm abatement. 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 order and all costs of abatement shall be assessed to the property owner.
DONE AND ORDERED this 6' day of January,2023,at Naples, Collier County,Florida.
COLLIER COUNTY C 'ENFORCEMENT
SPECIAL MA
Patrick H.Neale,Esq.
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.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 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 a Notice of Appeal will not automatically stay the Special Magistrate's Order.
G`4 .e
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Cam' ,••• � '�
I,Crystal K.IGnAVerli,afi goarts•i.at*fot�.gI ier'C runty
do hearty..ertif5!Crat thstalacre iiistrumatit is a trap i..J correct
cop of the ong I ti in CrAllier County,Flo'
By uty Clerk
Data:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE,has been sent by U.S. Mail on this d and ay o 2023 to Respondents,Ricardo
Guajardo and Holli Strickhorn, 4607 Dominion Drive,Nap es, FL 34112.
Code Enforcement 0 ial
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CODE ENFORCEMENT—SPECIAL MAGISTRATE 0 r m 0-i
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vs. Case No. CEPM20220005545 D D rn
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PACIFICA ARBOUR WALK LLC 0 w
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Respondent.
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ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on January 6, 2023, and the Special Magistrate, having heard
argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law
and Order of the Special Magistrate, as follows:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. Respondent, Pacifica Arbour Walk LLC is the owner of real property located at 2178
Arbour Walk Cir, Unit#2317,Naples, FL 34109, Folio No. 64539005622.
2. On August 5, 2022, owners were found guilty of violation of the Collier County Code of
Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(19), 22-231(12)(p), to wit
extensive airborne mold throughout the dwelling, air conditioner air vents exhibiting
mold contamination, ceilings of the dwelling in disrepair, separation of floor planks
causing a trip hazard and evidence of mold spores and mold forming on personal items
and furniture.
3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the
violation on or before August 12, 2022 (Order)or a fine of$1,000.00 per day would be
assessed for any violation that continues thereafter until abatement is confirmed. (The
Order is recorded in the Public Records of Collier County at OR 6166 PG 3181.
4. The violation was not abated from August 13, 2022, to January 6, 2023, for a total of 147
days and fines accrued at a rate of$1,000.00 per day, for a total fine amount of
$147,000.00 and fines continue to accrue.
5 The violation has not been abated as of the hearing date.
6. Previously assessed operational costs of$111.70 have not been paid.
7. Respondents were duly noticed for the public hearing regarding the County's Motion and
were not present at the public hearing. Pursuant to Collier County Code of Laws and
Ordinances, Article IC, Division 4, Section 2-2029(a)(5), "Where notice of the hearing
has been provided to the Violator as provided for herein, a hearing may be conducted and
an order rendered even in the absence of the Violator."
8. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has
been filed.
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:
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,
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
B. Fines have accrued at the rate of$1,000.00 per day and are assessed against the Respondents for
the period from August 13, 2022,to January 6, 2023, a total of 147 days for a total fine amount
of$147,000.00.
C. Fines continue to accrue.
D. Respondents must pay previously assessed Operational Costs of$111.70 that have not
been paid and are also assessed and must pay Operational Costs of$111.80 for today's
hearing.
E. Respondents are ordered to pay fines and costs in the total amount of$147,223.50.
DONE AND ORDERED this 6th day of January,2023 at Naples, Collier County,Florida.
COLLIER COUNTY C ENFORCEMENT
SPECIAL MA
I,Crystal K.Kinzel,CIO of Courts,tr.and-for:,ollierkiunty
do hearty certify,.iatifte obi Jelnsfrumant isa true 1R3 correct
espy of the original 1,0d inTlier County:Flo D iuty Clerk
By: d- Patrick H. Neale, Esq.
Data: WM- ,
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.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 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 t is ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this a3 rJ day of , , , 2023 to Pacifica
Arbour Walk LLC, 1775 Hancock Street, Suite 200, San Diego, CA 92110.
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Petitioner, -,
D 7 CO
vs. Case No. CEPM20210000179 0
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ROBERT D. REYNOLDS and BERNARD WOLCOTT
Respondent.
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ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on January 6, 2023, and the Special Magistrate, having heard
argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law
and Order of the Special Magistrate, as follows:
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
1. Respondents, Robert D. Reynolds and Bernard Wolcott, are the owners of real property
located at 3529 Seagrape Avenue,Naples, FL 34104, Folio No. 63505400003.
2. On November 4, 2022, owners were found guilty of violation of the Collier County Code
of Laws and Ordinances, Chapter 22,Article VI, Sections 22-231(9), 22-231(11), 22-
231(12)(b), 22-231(12)(c), 22-231(12)(i), 22-231(19), and 22-231(20)to wit electric
meter removed and power is diverted using jumper wires; at least one broken window,
missing electrical outlet covers, unsanitary living conditions, soffit in disrepair, exterior
walls stained, no smoke detectors observed inside the dwelling unit.
3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the
violation on or before November 18, 2022 (Order) or a fine of$1,000.00 per day would
be assessed for any violation that continues thereafter until abatement is confirmed. The
Order is recorded at Collier County Records, OR 6197 PG 3579.
4. The violation was not abated from November 19, 2022,to January 6, 2023, for a total of
49 days and fines accrued at a rate of$1,000.00 per day, for a total fine amount of
$49,000.00 and fines continue to accrue.
5 The violation has not been abated as of the hearing date.
6. Previously assessed operational costs of$111.75 have not been paid.
7. Respondents were duly noticed for the public hearing regarding the County's Motion and
were not present at the public hearing. Pursuant to Collier County Code of Laws and
Ordinances, Article IC, Division 4, Section 2-2029(a)(5), "Where notice of the hearing
has been provided to the Violator as provided for herein, a hearing may be conducted and
an order rendered even in the absence of the Violator."
8. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has
been filed.
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:
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,
A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED.
B. Fines have accrued at the rate of$1,000.00 per day and are assessed against the Respondents
for the period from November 19, 2022,to January 6, 2023, a total of 49 days for a total fine
amount of$49,000.00.
C. The previously assessed civil penalty in the amount of$2,500.00 has not been paid and is due
and owing.
D. Fines continue to accrue.
E. Respondents must pay previously assessed Operational Costs of$111.75 that have not
been paid and are also assessed and must pay Operational Costs of$111.80 for today's
hearing.
E. Respondents are ordered to pay civil penalty, fines and costs in the total amount of
$51,723.55.
DONE AND ORDERED this 6' day of January,2023 at Naples, Collier County,Florida.
COLLIER COUNTY COD EN RCEMENT
SPECIAL MAGIST
Cry
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By: Depu Clerk
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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.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 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 t is ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this cp3,.J day of , , 2023 to Robert D.
Reynolds and Bernard Wolcott, 3529 Seagrape Avenue,Naples, FL.1'4 0A.
1�-
Code Enforcem, • •ffici"l
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEPM20220004164
WEST SHORE POINT NAPLES,LLC
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on December 2, 2022, and
the Special Magistrate, having received evidence and heard argument respective to all appropriate
matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondent, West Shore Point Naples LLC is the owner of the property located at 2125
Scrub Oak Circle,Naples, FL 34112, Folio 389880006.
2. Respondent was duly notified of the date of hearing by certified mail and posting and was
represented at the hearing by Addary Alfonso, pursuant to a Power of Attorney authorizing
her to act on behalf of the Respondent. Said Power of Attorney was reviewed by the Special
Magistrate and found to be in order and to validly appoint Addary Alfonso as attorney in fact
for matters related to this code enforcement case.
3. Respondent has stipulated to the fact that the property is in violation of Collier County Code
of Laws and Ordinances, Chapter2-2,Article VI, Section 22-231(12)(f)to wit a damaged
staircase in need of repair.
4. The violation has not been abated by Collier County 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 Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22-231(12)(f)to wit a damaged staircase in need of repair.
INSTR 6359714 OR 6212 PG 3923
RECORDED 2/6/2023 9:43 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
B. Respondent is ordered to pay operational costs in the amount of$111.65 incurred in the
prosecution of this case within thirty (30) calendar days from the date of this hearing
(January 1,2023).
C. Respondent must abate the violation by obtaining any required Collier County building permits,
inspections, and certificate of completion for the repairs to the damaged staircase within forty-
five calendar days (45)of this hearing (January 16,2023) or a fine of$500.00 per day will be
imposed until the violation has been abated.
D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance in order for the County to conduct a final inspection to confirm abatement.
E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code
Enforcement Department may abate the violation using any appropriate method to bring the
violation into compliance. If necessary, the County may request the services of the Collier County
Sheriffs Office in order to access the property for abatement and enforce the provisions of this
Order. All costs of abatement shall be assessed against the property owner and may become a
lien on the property.
DONE AND ORDERED this 2"`' day of December,2022,at Naples, olliir County,Florida.
COLLIER COUNT E NFORCEMENT
SPECIAL M
Pa rick . eale,
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.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 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 a Notice of 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 ay of December, 2022 to Respondent, West
Shore Point Naples, LLC, c/o David J. Sacco, One Inte national ce, 00, Boston,MA 02110.
Code Enforce nt O cial
I,Crystal K.I£n T;Clerk.of DQ ir;?�for Mier Gaunty
do heathy:Art' L iat the abc re instrument is a Tree a;J correct
copy of?tie o' al it Viler Deputy Clerk
By.
Da:a.
Os)
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEPM20220004164
West Shore Point Naples LLC,
% David J Sacco
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Addary Alfonso, on behalf of West Shore Point Naples LLC, % David J Sacco,
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEPM20220004164 dated the 28th, day of April 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 December 2nd, 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$111.65 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Obtaining any required Collier County building permits, inspections, and certificate of completion for the
repairs to the damaged staircases within 45 days of the hearing or a fine of-$25&96 will be imposed,
until the violation has been abated. 9 .O CL cj` < A�
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal
holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner..
Respondent or Representative (sign) Bradley Holmes, Supervisor
for Michael Ossorio, Director
Code Enforcement Division
(A (ti A -„‘. /0/202 z
Respondent or Representative (print) Date
I2 1? I2LZ
Date
REV 3-29-16