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05/2023 Cotter County Growth Management Department Code Enforcement Division DATE: May 11, 2023 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 Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 1 1 1-1 3891 1-649030. 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. qi4a84 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.—CESD20170011238 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, INSTR 6404360 OR 6248 PG 833 RECORDED 5/17/2023 11:31 AM PAGES 3 Petitioner, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA vs. REC$27.00 DOUBLE M INVESTMENTS,LLC, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on April 27,2023, 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 24, 2018, Respondent(s), DOUBLE M INVESTMENTS, 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 659 PALM AVE., Goodland, FL 34140, Folio No.46420360009(Legal Description: GOODLAND ISLES 1ST ADD BLK C LOT 3),hereinafter referred to as the"Property"),in the following particulars: A mobile home that was removed between 2006 and 2007 without a valid demolition permit,and a dock lift,shed,and power pole installed without first obtaining a valid Collier County Permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before September 21, 2018, or a fine of$100.00 per day would be assessed for each day the violation(s) remained thereafter(A copy of the Order is recorded at OR BK 5519,PG 3631). 3. On September 27, 2018, September 26, 2019, and October 27, 2022, the Board granted Respondent a succession of continuances in order to come into compliance. 4. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, had Angela McGrath, its managing member,appear at the public hearing. 5. Prior operational costs of$59.63 and$59.35 incurred by Petitioner in the prosecution of this case have been paid. 6. Operational costs in the amount of$59.98 have been incurred by Petitioner for this hearing. 7. The violation(s)have not been abated as of April 27,2023. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. Page 1 of 3 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 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$100.00 per day are assessed and imposed against Respondent(s)for 1,129 days for the period from March 25,2020,to April 27,2023,for a total fine amount of$112,900.00. C. Respondent(s)shall pay operational costs in the total amount of$59.98. D. Respondent(s) shall pay fines and costs in the total amount of $112,959.98 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$100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this 27-14 day of /—Y(/Lr! ,2023 at Collier County,Florida. '•DE ENFOR• MENT BOARD COLLIER C• . Y,F • ''i ItA STATE OF FLORIDA ' i Ka • air COUNTY OF COLLIER The foregoing instrument was acknowledged before me by niiearis of,'physical Presence or ❑ online notarization, this f/t day of ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Fl rida. Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public-State of Florida =otPR;?Ue�c HELEN BUCHILLON Commissioned Name of Notary Public * `„ � * Commission#HH 105119 (Print/Type/Stamp) "! : oe Expires May 15,2025 lFOF 0.0% 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 Orly to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay tl is;OrctBo; Page 2 of 3 dIc o,oCp h rye soatrfheK.oKrnl F y a l RfC"; i e h,o`C:.C';Ge es'o ruumann_dtyn,tf oFilsro nya on7lGeer aC. lu connty ed rt. itv Deputy Clerk By.„ ` Data: r CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to:DOUBLE M INVESTMENTS,LLC,7632 ROZZINI LN.,NAPLES,FL 34114,on /,-(ice/ k16 ,2023. 144rdL —1_ (.'01‘i- Code Enforcement Official Page 3 of 3 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CELU20220010742 INSTR 6404361 OR 6248 PG 836 / RECORDED 5/17/2023 11:31 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, vs. Amy Marie Lowell, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on April 27,2023, 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),Amy Marie Lowell,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 appear, who testified as to the efforts to abate the violations. 3. The Property located at 1480 KERI ISLAND RD., Naples, FL, 34120, Folio No. 00221240005 (Legal Description: 32 48 27 W1/2 OF SW1/4 OF NE1/4 OF NW1/4 5AC OR 1391 PG 1637) is in violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, in the following particulars: Illegal outdoor storage of including but not limited to a shipping container,an inoperable RV,at least one inoperable vehicle and misc.trash and refuse. 4. The violations have not been entirely abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violations of,do exist,and that Respondent(s)committed,and was/were responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A)and 2.02.03. Page 1 of 2 B. Respondent(s)must abate all violations by: 1. removing all unauthorized accumulation of litter and all other items not permitted for outside storage or storage on this property to a site designated for such use,or store desired items in a completely enclosed structure,on or before October 24,2023,or a fine of$150.00 per day will be imposed for each day the violations remain thereafter,and 2. repairing and affixing a current valid license plate to each vehicle in violation,or store these vehicles in a completely enclosed structure,or remove these vehicles to an area intended for such use,on or before October 24,2023,or a fine of$150.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent(s)fail(s)to comply with this Order,Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent(s)is/are ordered to pay operational costs for the prosecution of this case in the amount of$59.21 on or before May 27,2023. E. Respondent(s)shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ,27/4 day of % ,2023 at Collier County,Florida. CODE ' : ' ' ENT BOARD C IER COUN ,FLORID !� �i ; STATE OF FLORIDA Rr',ert Ka maP, air COUNTY OF COLLIER The foregoing instrument w s acknowledged before me by means ofje ph . cal Presence or 0 online notarization, this g''day of ,2023,by Robert Kaufman,C'.it of the Collier County Code Enforcement Board Collier County,Florida. 11/4. Personally Known OR 0 Produced Identification ��i��✓"v Type of Identification Produced Signature of Notary Public- State of Florida ooiky pu, HELEN BUCHILLON w a Commission#HI-I 105119 Commissioned Name of Notary Public * =c= N� af.r, oQ Expires May 15,2025 (Print/Type/Stamp) 9T'oF F.OQ Bonded Thai 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:Amy Marie Lowell, 1480 KL�USLAND RD.,Naples,FL,34120 on l�-MAI t at, ,2023. \.• I,Crystal K.giinzel,Clerk of Cbutts i74ndyoroollier C-'unty Code Enforcement Official do hearty x-rtify::at the.a i ie iastrtim:_ni is' t'e a...correct copy of`he otjginal filer;' C.Ai r County j uty Clerk By: Page 2 of 2 Data:5 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.CESD20220000870 INSTR 6404362 OR 6248 PG 838 / RECORDED 5/17/2023 11:31 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$27.00 Petitioner, vs. David H.Levine, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on April 27,2023, 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),David H.Levine,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 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 5630 COPPER LEAF LN.,Naples,FL 34116,Folio No. 38169440007(Legal Description: GOLDEN GATE EST UNIT 30 N 180FT OF TR 105) is in violation of Collier County Land Development Code,Ord.No.04-41,as amended,Sections 3.05.01(B)and 10.02.06(B)(1)(e), in the following particulars: Removal of protected/native vegetation with heavy machinery without a permit. 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 3.05.01(B) and 10.02.06(B)(1)(e), 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. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida, it is hereby ORDERED that: Page 1 of 2 A. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 3.05.01(B)and 10.02.06(B)(1)(e). B. Respondent(s) must abate all violations by obtaining all required Collier County vegetative removal and/or building permit(s), inspections, and certificate of completion/occupancy OR obtain an approved mitigation plan to restore the Property to previous permitted condition on or before August 25, 2023, or a fine of $200.00 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 May 27,2023. 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 234 day of IV,t ,2023 at Collier County,Florida. COD _ • > . EMENT BOARD ' LLIER CO t TY,FLORID j BY: �i>,� �i1 STATE OF FLORIDA t>G e- Kauf .' COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of4 ysical presence or ❑ online notarization, this gi4 day of A... /AV ,2023,by Robert Kaufman, ' air of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida ,‘,AY HELEN BUCHILLON Commission#HH 105119 Commissioned Name of Notary Public T.,,e Expires May15,2025 9lFOF F‘.(= Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this this ORDER has been sent by U.S. Mail to: David H. Levine, 5630 COPPER LEAF LN.,Naples,FL 34116,on L( 75 ,2023. I,Crystal K.KinieVcletic of Cdartsi an ..ollteiunty Code Enforcement Official do hearby..ertify{sat the s:x rQ ii strumant t a fruee,9 correct copy of'he r;inetfi!eri .ieccpunty,Flo' .a tyClerk By: Data: Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20220000870 David H. Levine Respondents, STIPULATION/AGREEMENT Before me, the undersignedtA v �.1 1"'ev/,on behalf of David H. Levine, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20220000870 dated the 26th day of January 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 April 27, 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 violation of, removal of protected/native vegetation with heavy machinery without a permit, 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: Obtain all required Collier County vegetative removal and/or building permit(s), inspections, and certificate of completion/occupancy,OR obtain an approved mitigation plan to restore property to previous permitted condition within(.withini.Zo days of this hearing or a fine of$200.00 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 Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 10-kAJI L Z. `etit 7 Respo nt or Representative ( .gn) /bide Y i%�.. , Supervisor for Michael Ossorio, Director Code Enforcement Division 0'4,z.5' pondent re ntative t) ( Date i/17 Date COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.CESD20220008207 INSTR 6404363 OR 6248 PG 841 BOARD OF COUNTY COMMISSIONERS RECORDED 5/17/2023 11.31 AM PAGES 4 COLLIER COUNTY,FLORIDA, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 INDX$2.00 Petitioner, vs. Walter A.Navarro,Krissia I.Palacios,Graciela E. Hughes,and John Hughes, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on April 27,2023, 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),Walter A.Navarro,Krissia I.Palacios,Graciela E.Hughes,and John Hughes,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 have Walter A. Navarro,and Krissia I.Palacios 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 103 WARWICK HILLS DR.,Naples,FL 34113,Folio No.54901960004(Legal Description: LELY GOLF EST UNIT 1 BLK 3 LOT 2) is in violation of 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), in the following particulars: Interior conversion of garage to livable space,complete with bathroom,kitchen,and AC unit. 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 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), 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. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: Page 1 of 3 A. Respondent(s) is/are 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). B. Respondent(s)must abate all violations by: 1. ceasing and desisting the use of the unpermitted garage conversion and disconnecting all unpermitted utilities until a valid permit,inspections and Certifictae of Completion/Occupancy has been issued on or before April 30,2023,or a fine of$200.00 per day will be imposed for each day the violation(s)remain thereafter; and 2. obtaining all required Collier County Building Permit(s),Demolition Permit,Inspections,and Certificate of Completion/Occupancy for the unpermitted garage conversion on or before August 25,2023,or a fine of$200.00 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 May 27,2023. 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 22e,day ofl2cJ( ,2023 at Collier County,Florida. CO' " ' OR '\ ENT BOARD o'•LLIER COUN ' ,FLO'_ DA/ • AIv mit' STATE OF FLORIDA 'ob- Kaufm COUNTY OF COLLIER The fore oing instrument was acknowledged before me by means of.i physical presence or 0 online notarization, this day of ,„( ,2023,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 ?o�rr+Y?ue, HELEN BUCHILLON ,I * Commission#HH 105119 Commissioned Name of Notary Public NT• oQ Expires May 15,2025 (Print/Type/Stamp) 9rF pF fa' Bonded Thru Budget tdotary 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 thirtytcOttla3fs of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellati F ir.i.ew'of the Y''prgrd created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed ttcard LA" �ilrearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. " St : el } ROI K. 411, ourts:, ,and for Collier County doftatby et c�e iostr rent is a true a,..:correct copy of�the t :lY C .liar Cqun0),Fl. Page 2 of 3 . z Deputy Clerk CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: Walter A.Navarro,Krissia I. Palacios, Graciela E. Hughes, and John Hughes, 103 WARWICK HILLS DR., Naples, FL 34113, on /441,( Tus ,2023. Code Enforcement Official • Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner, vs. Case No. CESD20220008207 Walter A. Navarro, Krissia I. Palacios, Graciela E. Hughes, and John Hughes, Respondent(s), / / STIPULATION/AGREEMENT,, // '�(/Before me, the undersigned, i r! tt A N/W/RR G , on behalf of Walter A. Navarro, Krissia I. Palacios, Graciela E. Hughes and John Hughes, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20220008207 dated the 20th day of September, 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 April 27th, 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 $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: (1) Cease and Desist the use of the unpermitted garage conversion and disconnect all unpermitted utilities until a valid permit, inspections and Certificate of Completion/Occupancy has been issued within days of this hearing or a fine of $ 7 00 per day will be imposed until the violation is abated. (2) Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections and Certificate of Completion/Occupancy for the garage conversion within fq C>days of this hearing or a fine of$.2 G 3 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 th provisio Ills agreement and all costs of abatement shall be assessed to the property owner. / e po dent or Representative (sign) Josep uch , Supervisor for T mas landimarino, Director L reg. N� Code Enforcement Division 4 Respondent or Representative (print) Date oq/ (zo3 Date COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.CESD20220010706 INSTR 6404364 OR 6248 PG 845 BOARD OF COUNTY COMMISSIONERS RECORDED 5/17/2023 11:31 AM PAGES 4 COLLIER COUNTY,FLORIDA, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 Petitioner, vs. Christa Benoit, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on April 27,2023, 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),Christa Benoit,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 appear at the public hearing along with her son,Joseph Benoit. 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 4848 CATALINA DR., Naples, FL 34112, Folio No. 63100240008 (Legal Description: NAPLES SOUTH UNIT 1 BLK 1 LOT 6) is in violation of Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), in the following particulars: Conversion of garage to living space without Collier County Building Permits. 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 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), 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. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: Page 1 of 3 A. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i). B. Respondent(s)must abate all violations by: 1. ceasing and desisting the use of the unpermitted garage conversion and disconnecting all unpermitted utilities until a valid permit,inspections and Certifictae of Completion/Occupancy has been issued on or before April 30,2023,or a fine of$200.00 per day will be imposed for each day the violation(s) remain thereafter; and 2. obtaining all required Collier County Building Permit(s), Demolition Permit, inspections, and Certificate of Completion/Occupancy for the unpermitted garage conversion on or before September 24,2023,or a fine of$200.00 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 May 27,2023. 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 m'/ pc,�fn day of Pt 12.i / ,2023 at Collier County,Florida. CODE ' ORCE' ENT BOARD COS S Y,FLO r. re • Its-� B . JII1k1V STATE OF FLORIDA 'o f e Kaufman; ►`Ti'ir COUNTY OF COLLIER The fore ping instrum nt was acknowledged before me by means of. 'physical presence or 0 online notarization, this �- day of / �-(f ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Fl rida. Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida HELEN BUCHILLON a Commission#HH 105119 .kt4 , * Commissioned Name of Notary Public 4 Expires May 15,2025 9TFOF,sve Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Fi14 lfn'.appp,ai will not automatically stay this Order. /7 . I,Cryst21 1<ts'rel, •GIeik of 0 i .ana'for Collier Cnunty do heart 4fy.',at4he ie.i ru r a`r+tis a true a. :correct cop o {Li, • rtiter'Couniy D uty Clerk By: Data: 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: Christa Benoit, 4848 CATALINA DR.,Naples,FL 34112,on ,94,411 ,2023. 4vtits Co e Enforcement Official Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20220010706 Christa Benoit Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, t94, I c f tx > A/ci!/` , on behalf of Christa Benoit, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20220010706 dated the 11th day of January, 2023. 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 April 27th, 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 $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: (1) Cease and Desist the use of the unpermitted garage conversion and disconnect all unpermitted utilities until a valid permit, inspections and Certificate of Completion/Occupancy has been issued within 5 days of this hearing or a fine of $ aL6 per day will be imposed until the violation is abated. (2) Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the garage conversion within I S O days of this hearing or a fine of$. (10 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 abat ent shall be assessed to the property owner. L 7L. G. buy-e;1 Respondent or Representative (sign) Jos Mucha, Supervisor for mas landimarino, Director /'% C -cZ_ e/ . Cod Enforcement., Division Respondent or Representative (print) Date Date REV 3-29-16