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05/2023 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220003605 JOSHUA AND ELIZABETH ERICKSON Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Respondent's Motion for Extension of Time/Continuance on May 5, 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 FACT and CONCLUSIONS OF LAW 1. Respondents, Joshua and Elizabeth Erickson are the owners of the property located at 237 Harbor PL N, Goodland, FL 34140, Folio 46273080002. 2. On November 4, 2022 owners were found guilty of Collier County Land Development Code 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), to wit dock has been extended without first obtaining a Collier County Building Permit. O cc 3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before May 3, 2023 (Order) or a fine of$100.00 per day would be assessed co o for any violation that continues thereafter until abatement is confirmed. The Order is recorded w at Collier County Records, OR 6197 PG 3609. a ¢ a. 40 2 CC 4. The violation has not been abated as of the date of the public hearing. 0_ 0a N M ? 0 5. Previously assessed operational costs of$111.70 have been paid. coNUu_ r N - } 6. Respondents were duly noticed for the public hearing regarding the County's Motion and o w Z v u� were not present at the public hearing. Pursuant to Collier County Code of Laws and = � v al— 0 o Ordinances,Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has o w " U been provided to the Violator as provided for herein, a hearing may be conducted and an CC p IX order rendered even in the absence of the Violator." 1wWl JO oui z ix 0 U ce 7. The Respondents timely filed a request for an extension of time to perform the abatement required by the Order,which is hereby considered as a Motion for Extension of Time (Motion),to comply with the abatement required under the Order. The evidence presented in the Respondent's Motion, supplemented by testimony from the Petitioner supports the finding of fact that the Respondents have been making a good faith effort to comply with the Order, but have been prevented from doing so by factors beyond the Respondents' control. 8. The granting of the Motion for a period until the July 7, 2023 hearing to provide the Respondent further time to either comply or report to the Special Magistrate the actions taken to comply will not prejudice the Petitioner, nor create a risk to public health, safety and welfare. 9. 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: A. Respondents' Motion for Extension of Time to perform the abatement required by the Order is hereby GRANTED. B. Respondents are hereby ordered to appear at the July 7, 2023 Special Magistrate hearing if the violation has not been abated. C. If Respondents fail 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 5th day of May,2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL A IS RATE at ck . Neale,Esq. Executed by Special Magistrate Patrick H. Neale on S (/ , 2023. Filed with the Secretary to the Special Magistrate on /'Y) 1) , 2023 by ' 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 locat4ori,.•• " • I,Crystal lair el tk do cf C- and for•jollier C'unty do hearbytify tat the ejs. rmc;nt a true a. 7 correct tpy . .dal t:ed' " tt nty',Fond By: '* Deputy Clerk Data: 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 c py of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this d of/7)as1, 2023 to Respondents, Joshua and Elizabeth Erickson, 168 4th Street,Naples, FL 34113. Code Enforc nt •i ial Colter County Growth Management Department Code Enforcement Division )120141°)/ DATE: May 19, 2023 I ?./ TO: Minutes & Records, Bldg F 4th Floor FROM: Miriam Lorenzo, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Miriam Lorenzo, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2998. Code Enforcement Division•2800 Nath Horseshoe Drive•Naples,Rorida 34104.239-252-2440•wuwv.co tergov.net _ .r CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220008538 RIDGEPORT LIMITED PARTNERSHIP Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on May 5, 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, RIDGEPORT LIMITED PARTNERSHIP is the owner of the property located at 5323 Airport Rd N,Naples, FL 34109, Folio 240440006. 2. Respondent was duly notified of the date of hearing by certified mail and posting and Matt Baker, Property Manager for Continental Realty was present at the hearing. Mr. Baker presented evidence that he was authorized to represent 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), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Shed/storage areas constructed in the rear of the building prior to obtaining the proper permits. 4. The stipulation was reviewed and testimony taken to determine that it was agreed upon by the parties and can be approved and an order entered adopting the provision of the stipulation. 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, INSTR 6409821 OR 6252 PG 2393 RECORDED 5/31/2023 11:02 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 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), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Shed/storage areas constructed in the rear of the building prior to obtaining the proper permits. 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 (June 4,2023). C. Respondent must abate the violation by obtaining the proper permits within 180 calendar days of the date of this hearing(November 1,2023) or a fine of$100.00 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 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. DONK AND ORIWRED this 5th clay of May,2023,at Naples, Collier County,Florida. • ysk l t.KirrnKtleti<Of Courts i ar1`1tor�olCrer r:'+nty COLLIER CO NT C DE ENFORCEMENT d 44fh44 SPECIALtA9eptYu Clerk' to ISO Pa ck Neale,Esq. Executed by: Special Magistrate Patrick H.Neale on 5 , , 2023. Filed with the Secretary to the Special Magistrate on SS//9 , 2023 by '> 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 / flay of /1 2023 to Respondent, RIDGEPORT LIMITED PARTNERSHIP, 1427 Clarkview d, Ste 500, lt�ore, MD 2 9. ode Enforcem t Offi ial BOARD OF COUNTY COMMISSIONERS Collier County, Florida 4-161 Petitioner, vs. Case No.CESD20220008538 Ridgeport Limited Partnership Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, ,m?ice fii"'X— , on behalf of Ridgeport Limited Partnership, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20220008538 dated the 10th day of October, 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 May 5th, 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, and Certificate of Completion/Occupancy for the unpermitted shed structure(s) and overhang within 4g9 days of this hearing or a fine of$ 100.00 per day will be imposed until the violation is abated. 1 t?c ACC , , 3) Respondent must notify Code Enforcement within 24 hours df 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 ass • ed to the property owner. —7//1kK16 Respondent or Representative (sign) /57,,1 ' . .�1�.; 6��. ` , Supervisor For Tho4 mas landimarino, Director Code Enforcement Division 4;4',I (27."--11/ /5-/ Respondent or Representative (print) Date s Date REV 3-29-16 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEN20230001343 STRAND AT NAPLES LLC Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on May 5, 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, STRAND AT NAPLES LLC is the owner of the property located at 5840 Strand Blvd,Naples, FL 34110, Folio 66679713694. 2. Respondent was duly notified of the date of hearing by certified mail and posting and Leo Salvatori, attorney for the Respondent, was present at the hearing. 3. Respondent has stipulated to the fact that the property is in violation of Collier County Code of Laws and Ordinances, Chapter 54,Article IV, Section 54-92(b)(1). Readings from a calibrated sound level meter exceeded the allowable decibel level of 72dB(c)for the affected Residentially Zoned property set in Table 1, Section 54-92, Article VI,Noise, of the reading came out to 73dB(c). 4. Testimony was presented by the Petitioner supporting a finding that the Respondent was in violation of the referenced ordinance at the time a notice of violation was issued for the recurring violation of exceeding the maximum sound level of 72 dB(c) in accordance with the sound levels and time constraints pursuant to Table 1 of the Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-92(b)(1) and therefore such finding of fact is made. 5. The violation has 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, INSTR 6409822 OR 6252 PG 2397 RECORDED 5/31/2023 11:02AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-92(b)(1). B. Respondent is ordered to pay operational costs in the amount of S111.65 incurred in the prosecution of this case within 30 calendar days from the date of this hearing(June 4,2023). DONE AND ORDERED this 5th day of May,2023, at Naples, Collier County,Florida. ►,C t '' .-14 ; afrf)4r .e for Collier County COLLIER COUNTY E ENFORCEMENT y ;stryr^vs a true and correct SPECIAL MAGIST ByDeputy Clerk 9-- : 'v , , ' .,,, ---034-''''' 4l'�+' .;t .atrick I Neale, .. .:/"-- -"-- s Execufoa Uby°: ,,f-- Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on J���'j /1, 2023 by -, 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 of61i,i 2023 to Respondent, STRAND AT NAPLES LLC, 5840 Strand Blvd,Naples, FL 341 0. Code Enfor ent icial BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEN20230001343 Strand at Naples, LLC Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, LO � 1Ixzlv()on behalf of Strand at Naples, LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEN20230001343 dated the 28th day of March 2023. 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 May 5th, 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$111.65 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: That the Special Magistrate issues a finding of fact that the respondent was in violation of the referenced ordinance at the time a notice of violation was issued for the recurring violation of exceeding the maximum sound level of 72dB(c) in accordance with sound levels and time constraints pursuant to Table 1 of Collier my Code of Laws 54-92(b)(1). n or Repre entative (sign) Christopher Ambach Supervisor for Thomas Iandimarino, Director Code Enforcement Division Leo ctivc,tc, Respondent or Representative (print) Date Date REV 3-29-16 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CESD20210007667 BARBARO MANAGEMENT INC. Respondent. / 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 May 5, 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 FACT and CONCLUSIONS OF LAW 1. Respondent, Barbaro Management Inc. is the owner of the property located at 337 Airport Rd N,Naples, FL 34104, Folio 60080160007. 2. On March 4, 2022 owner was found guilty of Collier County Land Development Code 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),to wit unpermitted demolition. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4, 2022 (Order) or a fine of$100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6123 PG 2991. 4. The violation has been abated as of the date of the public hearing. 5. Previously assessed operational costs of$111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Vince Barbaro was present at the public hearing. Testimony was presented by the Respondent that abatement, which consisted of permitting the existing demolition, inspections and obtaining a Certificate of Completion,was delayed due to a variety of factors. There was also a misunderstanding by the Respondent as to whether fines were tolled by the Special Magistrate. A permit was obtained on September 14, 2022, but a certificate of completion was not obtained until April 27, 2022. 7. Fines in the amount of$32,700.00 have accrued. INSTR 6409823 OR 6252 PG 2400 RECORDED 5/31/2023 11:02 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 8. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other relevant factors. 9. Consideration of those factors provides support for a reduction of the accrued fine amount to reflect the day after the demolition permit was obtained. 10. 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: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Fines have accrued at the rate of$100.00 per day and are assessed against the Respondent for the period from June 5, 2022, to September 14, 2022, a total of 101 days for a total fine amount of$10,100.00. C. Respondent must pay Operational Costs of$111.75 for today's hearing. D. Respondent is ordered to pay fines and costs in the total amount of$10,211.75 within thirty(30) days of this hearing(June 4,2023). DONE AND ORDERED this 5th day of May,2023,at Naples, Collier County,Florida. t`er I,Cystal k. Gnu„C+t'PC'o#CV;3rts;r:.',. for oliier County COLLIER COUNTY CODE ENFORCEMENT du ?;y, y 41,strum�(jtis a true€ :correct SPECIAL MA IS E ilk C41;es linty oda B,. ' Deputy Clerk • ; Pa r• . ea e, Esq. Executed by: Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on 3// y+ , 2023 by 11,1, 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 day of /1-6 2023 to Respondent, Barbaro Management Inc., 303 Airport Rd N,Naples, FL 34104 Code Enfo ment fficial CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEEX20230003362-DASV23-015844 ADOLFIMA DAVID Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on May 5, 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 DASV23-015844 was issued on March 18, 2023 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(10)(A),to wit tethering violation 3rd Offense, animal "LT" unsupervised and entangled with the trampoline, and Section 14-36(10)(D) entanglement or Safety Hazard. 3. Respondent was duly notified of the date of the hearing by certified mail and posting and Adolfima David was present at the hearing. 4. The Petitioner presented evidence and testimony as to 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 of Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(10)(A),to wit tethering violation 3rd Offense, animal "LT" unsupervised and entangled with the trampoline, and Section 14-36(10)(D)entanglement or safety hazard. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, INSTR 6409824 OR 6252 PG 2403 RECORDED 5/31/2023 11:02 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(10)(A)to wit tethering violation 3rd Offense, animal"LT" unsupervised and entangled with the trampoline, and Section 14-36(10)(D)entanglement or safety hazard. B. Previously assessed violation penalties have not been paid. C. Respondent is ordered to pay operational costs incurred in the prosecution of this case in the amount of$50.00 plus an administrative fee of$5.00 within thirty (30) days from the date of this hearing(June 4,2023). D. Respondent is also ordered to pay$400.00 as fine for violation of Section 14-36(10)(A), and $400.00 as a fine for violation of Section 14-36(10)(D) to be paid within thirty(30) days of the date of this hearing (June 4, 2023). E. Respondent is hereby ordered to pay total fines and costs in the total amount of$855.00, to be paid on or before thirty (30) days from the date of the hearing(June 4,2023). DONE AND ORDERED this 5th day of May,2023,at Naples, Collier County,Florida. ,,.✓ v v.I,C^c of C: 's. and for;,oilier County COLLIER COUNTY 76VIENT r .; 4 .0 th,; ;e i,strumsnt is a true E :correct SPECIAL MAGI c '•e.n'0, 161 ' t!IierCounty oNla Dr / C.• Deputy Clerk Da,t. -^ atrick H. Neale,Es• q•..; ud Pxt Special Magistrate Patrick H. Neale on /,v, 2023. ,tiled with,the Secretary to the Special Magistrate on .S�j/4 , 2023 by PA Ik:,PdT OF FINES: Any fines ordered to be paid pursuant to this order may be paid Domestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239) 252-7387. 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/447 2023 to Respondent,Adolfima David, 3412 Seagrape Ave,Naples, FL 34104. Code Enf m Official CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEEX20230003355-DASV23-015299 CORY COOPER Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on May 5, 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 DASV23-015299 was issued on January 27, 2023 by Domestic Animal Services officer, Emmanuel Valdes. 2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(E), to wit animal in citation named "Clyde"causing damage to property, first offense, running at large and killing a turkey(hereafter"Turkey"). 3. Respondent was duly notified of the date of the hearing by certified mail and posting and Cory Cooper was present at the hearing. 4. The Petitioner and owners of Turkey; Holly Dominguez, Manuel Dominguez and Joseph Milan presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner and witnesses proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(E),to wit animal named"Clyde"causing damage to property first offense, specifically running at large and killing a turkey, ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended, INSTR 6409825 OR 6252 PG 2405 RECORDED 5/31/2023 11:02 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(E)to wit animal in citation named "Clyde"causing damage to property, first offense, running at large and killing a turkey (hereafter"Turkey"). B. Respondent is ordered to pay operational costs incurred in the prosecution of this case in the amount of$50.00 plus an administrative fee of$5.00 within thirty (30) days from the date of this hearing(June 4,2023). C. Respondent is assessed a civil penalty of$107.00 to be paid within thirty (30) days of the date of this hearing (June 4,2023). D. Respondent is hereby ordered to pay total fines and costs in the total amount of$162.00,to be paid on or before thirty (30) days from the date of the hearing(June 4,2023). DONE AND ORDERED this 5th day of May,2023,at Naples, Collier County,Florida. I,Crystd+'K vIrleF'G:tE '� i:I and for Collier County COLLIER COUNTY CODE ENFORCEMENT do heart.•,,.. ;?:.yt the•e,7er, rumcnt is a true a correct SPECIAL MAGISTRAT 7 -,e on in fil ' flier n F rids 9 B . 4V, • Deputy Clerk ,/,, at c . Bale, Esq. it `'`? x ii0,4 uy: Special Magistrate Patrick H. Neale on , 2023. Filed with the Secretary to the Special Magistrate on j�1 e , 2023 by PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at omestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239) 252-7387. 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 /9 day of .1w 2023 to Respondent, Cory Cooper, 3909 14th Ave SE,Naples, FL 34117. Code Enforce 1 Of' ial Cotter County Growth Management Department i-p/ 'J Code Enforcement Division DATE: May 17, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Miriam Lorenzo, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Miriam Lorenzo, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2998. • • UNI Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239.252-2440•www.colliergov.net CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20200008860 VILLAGES AT STELLA MARIS MASTER ASSOCIATION INC. Respondent. 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 March 3, 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 FACT and CONCLUSIONS OF LAW 1. Respondent, Villages at Stella Maris Master Association Inc. is the owner of the property located at 356 Stella Maris Drive N,Naples FL 34114, Folio 74890000301. 2. On August 5, 2022 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1)to wit a seawall in need of repair. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 3, 2022 (Order) or a fine of$200.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6166 PG 3191. 4. The violation has been abated as of the hearing date. 5. Previously assessed operational costs of$111.65 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Frank Lee,President of the Respondent's Association, was present at the public hearing. The Respondent presented testimony that any delays in compliance were caused by factors outside the control of the Respondent, including but not limited to the impact of Hurricane Ian and issues with contractors. 7. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. INSTR 6406682 OR 6250 PG 395 PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA RECORDED 5/23/2023 11:27 AM REC$18.50 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. Petitioner's Motion for Imposition of Fines/Liens is DENIED. DONE AND ORDERED this 3rd day of March,2023, at Naples, Collier County,Florida. COLLIER COUNTY COD NFORCEMENT SPECIAL MAGISTRAT Pat >Ic ale, sq. Executed by:— ecial Magistrate Patrick H. Neale on Y p g /3 , 2023. Filed with the Secretary to the Special Magistrate on�,,, ,- /y 2023 by j4/ ffy ' t 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 N day of 2023 to Respondent,Villages at Stella Maris Master Association Inc., c/o Alliance M nagement, 06 Exchange Avenue, Naples, FL 34104-3778. t ' Code Enfo ement icial k S2r� I,Crystal K--�n�?hj,Ck ik r- gift.r. and f6ry;,ollierC�unty do hearfay,.r y;iat ry`L.ri nst�rtirpt nt is true a..;correct copy al fi :iri"ier CQuidy,_ By: uty Clerk Date: