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07/2023 Co Ter County Growth Management Department Code Enforcement Division DATE: July 20, 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. c°s'i' r Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wvwv.colliergov.net %t1on73Z mor- mo rmC) � CODE ENFORCEMENT- SPECIAL MAGISTRATE iv m x • MOOA COLLIER COUNTY,FLORIDA 8 o 71 0 a, c = _co (0 zmwA BOARD OF COUNTY COMMISSIONERS 0 N o COLLIER COUNTY,FLORIDA, , • W N :17L18A Petitioner, D o c0 c � vs. Case No. CEPM20230001887 D >• o zm O � PACIFICA NAPLES LLC 0 Respondent. / 0 r r ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, Pacifica Naples LLC is the owner of the property located at 4225 Heritage Cir, Bldg. 14,Naples, FL 34116,Folio 35830040001. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-240(1)(n)(1)to wit sidewalk surrounding building 14 in disrepair and a potential trip hazard. 4. The violation had not been abated as of the date of the public hearing. 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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." 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, Sections 22-228(1) and 22-240(1)(n)(1)to wit sidewalk surrounding building 14 in disrepair and a potential trip hazard. 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 (August 6,2023). C. Respondent must abate the violation by obtaining all required Collier County Building Permit(s),inspections,and Certificate of Completion for all repairs to the sidewalk to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within seven (7) calendar days of the date of this hearing(July 14,2023) or a fine of$500.00 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 7th day of July,2023, at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MA STRA i i ateck a e, sq. Executed by; Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on '7//� 2023 by 002-1/7„,.----- . 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 Spec,al Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. Adgrgil/s)f "}q hearing de novo but shall be limited to appellate review of the record created witlt``n the �ral u ng. It is the r "]l.f\.'rrzeL Gib".:W.1f('�S to amp!!r rnIIIPr Cr, ntv u ti a,o y An”,' 'r+ lnftrferjtisa true and correct titiey ' I/ `Col;ietCawnty,Florida By s ,, , tiP Deputy Cleric ' ,.. + 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 o this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this j,Lday of ` 2023 to Respondent, Pacifica Naples LLC, ATTN: MF Dept, 1775 Hancock St Suite 2 0, San Die , CA 92110. Code orc me Official mOrmU) rn CODE ENFORCEMENT- SPECIAL MAGISTRATE o o A o n -" m COLLIER COUNTY,FLORIDA • 0 rn zmw BOARD OF COUNTY COMMISSIONERS ° N COLLIER COUNTY,FLORIDA, " N 1• -• 1 A Petitioner, o 8 Do � G� TC vs. Case No. CENA20230001555 D 0 z m" u) MALCOLM SMITH O Respondent. / o ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, Malcolm Smith is the owner of the property located at 215 Old Train LN, Copeland, FL 34137, Folio 1134803509. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03 to wit prohibited outdoor storage and accumulation of litter including but not limited to car batteries, engine parts, compressors, BBQ grills, appliances, tool chests, metal drums, exercise equipment and general wood/paper/plastic litter. This is a repeat violation. Code case CENA20180006121 was adjudicated by the Special Magistrate on August 3, 2018. 4. The violation had not been abated as of the date of the public hearing. 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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." 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 54, Article VI, Sections 54-179 and 54-181 and Collier County Land Development Code 04-41, as amended, Section 2.02.03 to wit prohibited outdoor storage and accumulation of litter including but not limited to car batteries, engine parts, compressors, BBQ grills, appliances, tool chests, metal drums,exercise equipment and general wood/paper/plastic litter. 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 (August 6,2023). C. Respondent is further ordered to pay a civil penalty in the amount of$250.00 within thirty (30) days from the date of this hearing (August 6,2023) due to the repeat nature of this violation. D. Respondent must abate the violation by removing unpermitted litter or all other not permitted for outdoor storage to a site designated for such use, or store desired items in a completely enclosed structure within seven (7) calendar days of the date of this hearing (July 14,2023) or a fine of$100.00 per day will be imposed until the violation is abated. E. 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. F. 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 7th day of July,2023, at Naples, Collier County,Florida. COLLIER COUNTY f Oy ENFORCEMENT SPECIAL MA . " • r Z- .0 Patrick H. ;eal Esq. / Executed by: Special Magistrate Patrick H.Neale on m , 2023. i Filed with the Secretary to the Special Magistrate on 17 :I f5 , 2023 by ) -) I Cf1,1011 K.Kikxe( + 'r f't• !" 118-r county gc.,°:ea serf ' %: a.•W- r(bent littleand,anfroet 40 tcLi ., :: C ' CeluftlY•t t ate /�i' e .. �f�Irtta 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 o this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this /.1,(day of juI 2023 to Respondent,Malcolm Smith, 215 Old Train LN, PO Box 36, Copeland, FL 34;137. ; Code Enforcement)fficial { m0rm � Nmxiom CODE ENFORCEMENT- SPECIAL MAGISTRATE m 0 o p COLLIER COUNTY, FLORIDA o o omw c = 0D0 z m w rn BOARD OF COUNTY COMMISSIONERS o o COLLIER COUNTY,FLORIDA, W N Petitioner, D o 0 c � vs. Case No. CENA20230005126 D > A zm oN ILONA DASBACH EST w 0 Respondent. / 0 r ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, Ilona Dasbach Est is the owner of the property located at 224 Pine Valley Cir, Naples, FL 34113, Folio 55101000006. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a)to wit recurring violation of weeds and grass in excess of 18 inches throughout the property. 4. The violation had not been abated as of the date of the public hearing. 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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." 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 54, Article VI, Section 54-185(a)to wit recurring violation of weeds and grass in excess of 18 inches throughout the property. 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 (August 6,2023). C. Respondent must abate the violation by mowing or cause to be mowed all weeds,grass,or other similar non-protected overgrowth in excess of eighteen (18) inches in height down to a height of less than six (6) inches on subject property within 7 calendar days of the date of this hearing(July 14,2023) or a fine of$250.00 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. DONE AND ORDERED this 7th day of July,2023,at Naples, Collier County,Florida. COLLIER COUNTY CO,!E ENFORCEMENT SPECIAL MA . _dgiVv I Patrick H. e. e,Esq. Executed by: Special Magistrate Patrick H.Neale onX- , 2023. Filed with the Secretary to the Special Magistrate on 7/i3 , 2023 b eordered to bepaidpursuant to this order maybe paid at the Collier PAYMENT OF FINES: Any fines 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 crea beari-n It is the Nut!:C A ,in and for5plfrer County • ^�+s *,r t .. nstrunientIs a-true and correct c file4 . Gorily Ftorr(la BY .___ ♦...CA. • Deputy Clerk Date: 0®�7 �* 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 is ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this /34 day of v 2023 to Respondent, Ilona Dasbach Est, 224 Pine Valley Cir, Naples, FL 34113 d JP Guardian sset Management, One Oxford Valley, 2300 East Lincoln Highway, Suite 700, Langho ne,PA 19047. Code Enf emen fficial r • i 1 m o r- m 2 o r m(-) 0) inrADoil CODE ENFORCEMENT- SPECIAL MAGISTRATE o m o v p. 00 -nmw COLLIER COUNTY, FLORIDA o --I v zmw 'V BOARD OF COUNTY COMMISSIONERS N 0 COLLIER COUNTY,FLORIDA, o c N O Petitioner, >o v 0 TG N -0 (.7, vs. Case No. CEV20230002682 b m -1z � v MALCOLM SMITH o W Respondent. -1 / o r m x ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, Malcolm Smith is the owner of the property located at 215 Old Train LN, Copeland, FL 34137, Folio 1134803509. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 to wit multiple unlicensed and inoperable vehicles being stored on the property. Code case CENA20180006121 was adjudicated by the Special Magistrate on August 3, 2018. 4. The violation had not been abated as of the date of the public hearing. 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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." ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and purse tit to the author its granted in Chapter 162,Florida Statutes, and Collier County Or iq 04 41;e�4 „ • ,,., Cy 1 I Cryaiai K.Kinit , le aC€IL its in ariiforGnttiar Cnvnty do hemby Carl at t, +',nv mStwn nt is tale- and correct K of the�' al ,I n C-. Cty I4rida* w` (6,7y _� �.oin Deputy Clerk i`# 'far' • w Date: d.�,� I r ♦ /e IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 to wit multiple unlicensed and inoperable vehicles being stored on the property. 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 (August 6,2023). C. Respondent must abate the violation by 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 within seven (7)calendar days of the date of this hearing (July 14,2023) 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. DONE AND ORDERED this 7th day of July,2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE N RCEMENT SPECIAL MAGIST T atri eale,Esq. Executed b • Special Magistrate Patrick H. Neale on F , 2023. Filed with the Secretary to the Special Magistrate on -l/� , 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 o this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this I day of � 2023 to Respondent,Malcolm Smith, 215 Old Train LN, PO Box 36, Copeland, FL 341 7. Code Enforce t Offi 70nnmz mprm � rmc� � CODE ENFORCEMENT- SPECIAL MAGISTRATE N m x x COLLIER COUNTY,FLORIDA g o mm mo w w co 03 BOARD OF COUNTY COMMISSIONERS z m w COLLIER COUNTY,FLORIDA, W Petitioner, no A -D D0D0 vs. Case No. CENA20220006770 Dcri Duo zm 0w DOMINICK LENTO and ALYCIA LENTO -o Respondents. o r r 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 July 7, 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, Dominick Lento and Alycia Lento are the owners of the property located at 3775 29th Avenue NE,Naples, FL 34120, Folio 40184600001. 2. On November 4,2022 owners were found guilty of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b), to wit repeat violation of grass and weeds more than 18 inches in height within 30 feet of the residential structure. 3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before November 11, 2022 (Order) or a fine of$50.00 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 PAGE 3558. 4. The violation has been abated as of June 7, 2023, for a total of 208 days and fines accrued at a rate of$50.00 per day, for a total fine amount of$10,400.00. The abatement was performed at the County's expense at a cost of$285.00. 5. Substantial competent evidence in the form of testimony and Collier County records indicate that this violation was a repeat violation 6. Previously assessed operational costs of$111.65 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 IX, 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: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. 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,the Respondent took no action to abate the violation. d. Any previous violations committed by the violator,there were several prior violations; and e. Any other relevant factors. C. Fines have accrued at the rate of$50.00 per day and are assessed against the Respondents for the period from November 12, 2022,to June 7, 2023, a total of 208 days for a total fine amount of$10,400.00. Vendor costs for abatement equal $285.00, which costs are assessed against the Respondents. D. Respondents must pay previously assessed Operational Costs of$111.65 that have not been paid and are also assessed and must pay Operational Costs of$111.70 for today's hearing. E. Respondents are ordered to pay fines and costs in the total amount of$10,908.35 within thirty(30) days of the date of this hearing(August 6,2023). DONE b O' � this 7th day of July,2023,at Naples, Collier County,Florida. 4 r' , COLLIER COUNTY CODE ENFORCEMENT ,el k,� r% F ine " s nlAr cmty a SPECIAL MA TRATE f p:a tth � e i 671 correct Ut '. teputy Clerk ,- ,// atrick H.Neale,Esq. f i , Executed b Special Magistrate Patrick H.Neale on V 7, 2023. Filed with the Secretary to the Special Magistrate on /or , 2023 by ''` %V • 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 t is ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this 92 4(day of,/ 2023 to Respondent,Dominick Lento and Alycia Lento, 3775 29th Ave NE,Naples, L 34120. Cod or ement Official mprrn , c� r m c tnC _ o � CODE ENFORCEMENT- SPECIAL MAGISTRATE o m o o a, COLLIER COUNTY,FLORIDA c o 0 0) = CO co M (0 BOARD OF COUNTY COMMISSIONERS o o COLLIER COUNTY,FLORIDA, w O Petitioner, D o Tc g — N -0 vs. Case No. CENA20220007344 D zm 0 BUTTERFLI HOLDINGS 004 LLC 0 v Respondent. r r rn 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 July 7, 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, Butterfli Holdings 004 LLC is the owner of the property located at 10975 Tamiami Trail N,Naples, FL 34108, Folio 62410040009. 2. On November 4,2022 the prior owner J.P. Morgan Chase Bank, was found guilty of a violation of Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-185(a),to wit grass and weeds over 18 inches high. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 11, 2022 (Order) or a fine of$250.00 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 PAGE 3582. 4. The violation has been abated as of December 27, 2022. 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 Attorney Theodore Bilirakis, attorney for Respondent was present at the public hearing. Respondent's counsel stated there were issues during the transfer of the property from the prior owner to the current successor in interest that delayed the Respondent in getting access to the subject property to abate the violation. The Respondent in today's hearing is a new owner. Substantial competent evidence was presented that the current Respondent acted expeditiously in remedying the violation upon becoming the owner. 7. 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. . i B. 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. C. Fines have accrued at the rate of$250.00 per day and are assessed against the Respondent for the period from November 12, 2022, to December 27, 2022, a total of 46 days for a total calculated fine amount of$11,500.00. The information presented by the Respondent support the reduction of the fine amount to$1,000.00. D. Respondent must pay Operational Costs of$111.75 for today's hearing. E. Respondent is ordered to pay fines and costs in the total amount of$1,111.75 within thirty(30) days of the date of this hearing(August 6,2022). DONE ANKIIORVOltAthis 7th day of July,2023,at Naples, Collier County,Florida. " COLLIER COUNTY CODE ENFORCEMENT Jr/ F:` T r;;A5 In:Id•t .(7 `.f Cop SPECIAL MAGI E in-�,ment t- and correct i 1. v /t•I ler :iin. !^ f iO�.�r.Vt �` D my Clerk :L7 l', F I� �' ' t • j 1p /' Tatrick .Neale,Esq. Executed by, 1 L2.7- Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on `2//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 of 2023 to Respondent,Butterfli Holdings 004 LLC, 30100 Chagrin BLVD STE#301,P pper Pike, 4124. Code Enf c t Official mom� u) n7 07) CODE ENFORCEMENT- SPECIAL MAGISTRATE N rn 7J rn COLLIER COUNTY,FLORIDA o 0C) T � c, BOARD OF COUNTY COMMISSIONERS z m W 0 COLLIER COUNTY,FLORIDA, N°Xi Tnta On Petitioner, o74 > o C) vs. Case No. CEV20220005839 D CA D ° � JANET VIRGINIA STOKER EST C/O o w MELANIE ANN NORRIS PR v Respondent. / 0 r ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, JANET VIRGINIA STOKER Estate in care of MELANIE ANN NORRIS Personal Representative is the owner of the property located at 1755 54th Ter SW,Naples, FL 34116, Folio 36235560004. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 1. Respondent,through the Personal Representative of the Estate,has stipulated to the fact that the property is in violation of the Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95, 130-97(2) and 130-97(3), and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)to wit a residentially zoned improved property with a commercial type trailer parked in the front, an inoperable and unlicensed vehicle on- site, and vehicles parked on the grass.. 2. The violation had 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 Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-95, 130-97(2) and 130-97(3), and Collier County Land Development Code 04-41, as amended, Section 4.05.03(A)to wit a residentially zoned improved property with a commercial type trailer parked in the front, an inoperable and unlicensed vehicle on-site, and vehicles parked on the grass.. 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 (August 6,2023). C. Respondent must abate the violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 by repairing and affixing a current valid license plate to each vehicle in violation,or storing these vehicles in a completely enclosed structure, or removing these vehicles to a site intended for such use within 14 days of this Hearing(July 21,2023), or a fine of$50 will be imposed for each day any violation continues. D. Respondent must abate the violation of Collier County Land Development Code 04-41, as amended, Section 4.05.03(A) by removing vehicle(s) parked in the grass area to a stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete,crushed stone,crushed shell, asphalt, pavers or turf parking systems specifically designated for parking of automobiles not to exceed 40°/a of the front yard for parking within 14 days of this hearing(July 21,2023) or a fine of$50 per day will be imposed until the violation is abated. E. Respondent must abate the violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sections 130-97 (2)and (3) by storing commercial trailer(s)within a completely enclosed structure OR in the rear yard vegetatively screened and conceal from all views, OR Remove offending trailer(s)to a site designated for such use within 14 days of this hearing(July 21,2023) or a fine of$50.00 per day will be imposed until the violation is abated. F. 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. G. 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. DON 1 D°© • FIRED this 7th day of July,2023,at Naples, Collier County,Florida. s % COLLIER COUNTY CODE ENFORCEMENT is +� trya r'co*County SPECIAL MAGISTRATE F -,- - ,;.?-+,t . ,,'' stru R 4 s e true and correct - 1 i '' na . ► 'Pa I611d2 - .�'� �, c. . 1 " Deputy Clerk / f. /. t 'c e e, sq. Executed by: / _- Special Magistrate Patrick H.Neale on , 2023. c. Filed with the Secretary to the Special Magistrate on 7 / 4 , 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 thi ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this y of di 2023 to Respondent, JANET VIRGINIA STOKER EST CO MELANIE ANN NO S PR, 175 54 TER SW,Naples, FL 34116. Code Enf me Official n r-rrl c) r7 r �C 0 rn CODE ENFORCEMENT- SPECIAL MAGISTRATE o o ° A COLLIER COUNTY,FLORIDA z m w J BOARD OF COUNTY COMMISSIONERS c)N COLLIER COUNTY,FLORIDA, 0 2 N I :U —I ...: A Petitioner, D o li o c -IDS vs. Case No. CENA20230000197 D m `O zm 0 MARTIN H. ANASTASIO o W v Respondent. ,vim 0 r ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 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, Martin H. Anastasio is the owner of the property located at 4409 Thomasson Ln, Naples, FL 34112, Folio 67491120008. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03 to wit outdoor storage consisting of but not limited to plywood, wood, tabletop, plastic bins, cardboard box etc. It was shown by sworn testimony and documentary evidence that this was a repeat offense by the same respondent. 4. The violation had not been abated as of the date of the public hearing. 5. Respondent was duly noticed for the public hearing regarding this matter and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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." 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 a repeat violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03 to wit outdoor storage consisting of but not limited to plywood,wood,tabletop, plastic bins, cardboard box etc. B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the prosecution of this case. C. Respondent is ordered to pay a civil penalty in the amount of$250.00 within thirty (30) calendar days from the date of this hearing (August 6,2023) due to the repeat nature of the offense. D. Respondent must abate the violation by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use or store desired items in a completely enclosed structure within 7 calendar days of the date of this hearing (July 14,2023) or a fine of$100.00 per day will be imposed until the violation is abated. E. 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. F. 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. 1 <- - -ate lits*Vbiliitilip;this 7th day of July,2023,at Naples, Collier County,Florida. �,c'�"•.. COLLIER COUNTY CODE ENFORCEMENT t, + 0 i artt fnrcni rcrymty SPECIAL TE w4r , ,�t tis' a and correct In& ,, th, Deputy Cleric 11;.te: — fAIr® I - V , . /' Patrick eale,Esq. ' 7 3 Executed by: j....i, � Special Magistrate Patrick H.Neale on , 2023. Z Filed with the Secretary to the Special Magistrate on -1 J/ 3 , 2023 by Allb,dii. o . 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 t s ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this /3ia off/ 2023 to Respondent, Martin H. Anastasio,4409 Thomasson Ln,Naples, FL 34112. ode Enforcement cial