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CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY, FLORIDA
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ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on August 4, 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 DAS-V23-016260 was issued on April 20, 2023 by Domestic Animal
Services officer, Connie Hunt.
2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances,
Chapter 54, Article II, Section 14-35(1)(B), to wit running at large dog named "Apollo"off
owner's property, fourth offense.
3. Respondent was duly notified of the date of hearing by certified mail and posting and Jenlike
Rolanda Joseph 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 substantial competent evidence that a preponderance of
evidence showed that the Respondent was in violation of Collier County Code of Laws and
Ordinances, Chapter 54, Article II, Section 14-35(1)(B),to wit running at large dog named
"Apollo"off owner's property, fourth offense.
5. The Respondent presented evidence that mitigated the fine amount in that efforts have been
made to remedy the situation whereby the dog"Apollo" has been able to run loose. The
Respondent has also paid all prior citations.
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 II, Section 14-35(1)(B)to wit running at large dog named "Apollo"off owner's
property, fourth offense.
B. Respondent is ordered to pay operational costs in the amount of$50.00 plus an administrative
fee of$5.00 incurred in the prosecution of this case within thirty(30) days from the date of
this hearing (September 3,2023).
C. Respondent is assessed a civil penalty of$150.00 to be paid within thirty (30)days of the date
of this hearing (September 3,2023).
D. Respondent is hereby ordered to pay total fines and costs in the total amount of$205.00, to
be paid on or before thirty(30) days from the date of the hearing(September 3,2023).
DONE AND ORDERED this 4th day of August,2023,at Naples, Collier County,Florida.
COLLIER GOAT 'Ty/CODE ENFORCEMENT
SPECIA ' " AG$'''RATE
Patri'" H. Neale,Esq.
Executed b • i Special Magistrate Patrick H.Neale on , 2023.
Filed with the Secretary to the Special Magistrate on ?it/ , 2023 by V.
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 3/5,1 day ofdgosL 2023 to Respondent, Jenlike
Rolanda Joseph, 3614 Poplar Way,Naples, FL 3411 .
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I,Crystal K Wow `� F' •in.ard 0. collier County
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By: - ... Deputy Clerk
Dale: 'O f41PJ.
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEV20230000212
FORTINO MENDEZ INSTR 6457412 OR 6291 PG 923
RECORDED 9/27/2023 11:15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Respondent. COLLIER COUNTY FLORIDA
/ REC$27 00
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 September 1,2023, 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, Fortino Mendez is the owner of the property located at 3610 White Blvd,
Naples, FL 34117, Folio 37987760009.
2. On June 2, 2023 owner was found guilty of Collier County Code of Laws and Ordinances,
Chapter 130, Article III, Section 130-95,to wit Estates zoned property with multiple
unlicensed and inoperable vehicles in the rear of the property.
3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the
violation on or before June 17, 2023 (Order)or a fine of$500.00 per day would be assessed
for any violation that continues thereafter until abatement is confirmed. The Order is recorded
at Collier County Records, OR 6266 PAGE 2368.
4. On August 4, 2023,the Special Magistrate granted a continuance of the hearing on the
Petitioner's Motion for Imposition of Fines/Liens to this hearing. Fines continued to accrue.
5. Fines have accrued at a rate of$500.00 per day for the period from June 18,2023,to
September 1,2023 (76 days), for a total fine amount of$38,000.00.
6. Previously assessed operational costs of$111.70 and civil penalty of$750.00 have not
been paid.
7. Respondent was duly noticed for the public hearing regarding the County's Motion and
Respondent was present at the public hearing.
8. Respondent argued that violation has been abated. Investigator Charles Marinos representing
the Petitioner presented sworn testimony and evidence that the violation has not been fully
abated as of the date of this hearing. Mr. Marinos further testified that the Respondent did not
permit him to enter the property to confirm compliance.
9. No substantial, competent evidence of mitigating factors was presented.
10. The factors to be considered pursuant to Collier County Code of Laws and Ordinances,
Chapter 2, Article IX, Division 4, Section 2.2030(2)were considered. The gravity of the
violation is significant as it impacts the environment in the areas. The violator has taken some
steps to correct the violation but continues to create new violations. The violator has
committed at least two prior violations. These constitute aggravating factors.
11. 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;
d. Any previous violations committed by the violator; and
e. Any other relevant factors.
C. Fines have accrued at the rate of$500.00 per day and are assessed against the Respondent for
the period from June 18,2023,to September 1, 2023,a total of 76 days for a total fine
amount of$38,000.00.
D. Respondent must pay previously assessed Operational Costs of$111.70 and civil penalty
of$750.00 that have not been paid and are also assessed and must pay Operational Costs of
$111.85 for today's hearing.
E. Respondent is ordered to pay fines and costs in the total amount of$38,973.55 within 30
days of this hearing(October 1,2023).
DONE AND ORDERED this 1st day of September,2023,at Naples, Collier County,Florida.
,.,;Ty
COLLIER COUNTY CODE ENFORCEMENT
Y' T SPECIAL �S 'E
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a,,,yamec,.i - , `r (VCounty,FI•ida i
By. r� (��- Deputy Clerk ,--/� �'
Patrick H.Neale,Esq.
Executed b Special Magistrate Patrick H.Neale on , 2023.
Filed with the Secretary to the Special Magistrate on9//S--- , 2023 b
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at t Coll er
County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252-
2440 or wwww.colliercountvfl.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 ay of 023 to Respondent, Fortino
Mendez, 3610 White Blvd,Naples, FL 34117.
Code Enforcem t Off al
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS INSTR 6457413 OR 6291 PG 926
COLLIER COUNTY,FLORIDA, RECORDED 9/27/2023 11:15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
Petitioner, REC$27.00
vs. Case No. CEROW20170015842
ELIZABETH FOX
Respondent.
ORDER OF THE SPECIAL MAGISTRATE—RE-HEARING
THIS CAUSE came before the Special Magistrate for public re-hearing on September 1, 2023, on
the Respondent's Motion for Rehearing 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, Elizabeth Fox is the owner of the property located at 110-112 Ridge Drive,
Naples, FL 34108, Folio 67184800004.
2. On October 2, 2020 owner was found guilty of Collier County Code of Laws and Ordinances,
Chapter 110, Article II, Sections 110-31(a) and 110-32 to wit failed culvert pipes under the
driveways along Ridge Drive and a failed/blocked drainage culvert/swale along the north side
of the property between Ridge Drive and Goodlette-Frank Road, impeding stormwater flow.
3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the
violation on or before April 2, 2021 (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 5834 PG 1366.
4. On August 5, 2022 an Order was entered for a Continuance granted until November 4, 2022.
5. On February 3, 2023 the Respondent was granted a Continuance to the March 3, 2023
hearing at which time Respondent was to provide evidence of compliance efforts.
6. On April 7, 2023 the Respondent was ordered to pay fines in the amount of$50,000.00, a
reduction from the actual accrued amount of fines of$146,200.00, plus operational costs in
the amount of$112.05 within 30 calendar days of the hearing(May 7, 2023). The Order is
recorded at Collier County Records, OR 6242 PG 3950.
7. On August 4, 2023 the Respondent's Motion for Rehearing was GRANTED in part with the
rehearing to be held at the next regularly scheduled Special Magistrate hearing on September
1,2023. The rehearing to be limited in scope to the aggravating and mitigating factors
considered in the calculation of the penalty amount. One week prior to the next hearing,
both the Petitioner and Respondent were ordered to submit a summary of their
positions regarding the issues of the financial penalty and aggravating and mitigating
factors.
8. Respondent was duly notified of the date of hearing by certified mail and posting and
attorney Jeff Wright was present, representing Dr. Fox. He requested a Continuance due to
his client having a medical issue preventing her appearance at the hearing. Mr. Wright raised
the issue of a possible denial of due process in denial of a continuance. Petitioner,through its
counsel, Mr. Ronald Tomasko, presented argument supported by the record that the
Respondent was afforded a full measure of due process.
The hearing was recessed as the Special Magistrate took the matter under advisement. After
the hearing was reopened,the Special Magistrate cited to substantial authority, including but
not limited to; Mathews v. Eldridge,424 U.S. 319, 333, 47 L. Ed. 2d 18, 96 S. Ct. 893
(1976), Keys Citizens for Resp. Gov't v. Fla. Keys Aqueduct Auth, 795 So. 2d 940, 948 (Fla.
2001), The three factors which determine whether due process has been afforded to the
Respondent; (1)the private interest that will be affected by the official action; (2)the risk of
an erroneous deprivation of such interest through the procedures used, and the probable
value, if any, of additional or substitute procedural safeguards; and(3)the government's
interest., Keys Citizens for Resp. Gov't v. Fla. Keys Aqueduct Auth., 795 So. 2d 940, 948-49
(Fla. 2001)were weighed by the Special Magistrate.After considering the facts and law,
the Respondent's ore tenus motion for a continuance was Denied.
9. Mr. Tomasko presented the Petitioner's position for a grant of the total fines due in the
amount of$111,400.00 for the right-of-way violation,and $34,800.00 for the north side of
the property violation, for a total of 146,200.00 was the appropriate amount and that the
Special Magistrate fully considered all mitigating factors in assessing the reduced fine of
$50,000.00.
10. Mr. Wright presented the Respondent's position that the mitigating factors of limited impact
of the violation,no health and safety issues were involved,the Respondent argued that the
violation was abated in an expeditious manner, and that the fines should be reduced or
waived.
11. The factors to be considered pursuant to Collier County Code of Laws and Ordinances,
Chapter 2,Article IX, Division 4, Section 2.2030(2)were considered by the Special
Magistrate. The aggravating factors were considered; (1)the abatement has taken in excess of
six years since the date of the original complaint and excess of three years from the date of
the original stipulation by the Respondent that abatement would be accomplished within one
hundred eighty(180)days of October 1, 2020, (2)testimony was presented at the April 7,
2023 hearing and supported at this September 1, 2023 hearing that the violation caused
significant overflow into adjacent properties, no expert testimony was needed to testify to an
observation by the adjacent property owner, (3)testimony was presented that the Respondent
was not cooperative with the County in abating the violation.
Mitigating factors were also considered in reaching a decision on a fine amount. The Special
Magistrate considered the following; (1)miscommunication between the County and the
Respondent as to the nature of the actions required for abatement,(2) intervening weather
events, e.g. hurricane Ian, (3)efforts made by the Respondent to comply with the remedying
of the blocked culvert.
12. The April 7,2023 order of the Special Magistrate was not contrary to the evidence, nor did
involve an error on a ruling of law which was fundamental to the decision of the Special
Magistrate.
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. Upon rehearing,the April 7,2023 order of the Special Magistrate is affirmed.
B. Respondent is ordered to pay a fine of$50,000.00 and Operational Costs of$112.05 for
a total amount of$50,112.05 to be paid within thirty calendar days of the date of this
hearing (October 1,2023).
DONE AND ORDERED this 1st day of September,2023,at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Patrick n•
4 eai;Esq.
Executed by: Special Magistrate Patrick H. Neale on ( / , 2023.
Filed with the Secretary to the Special Magistrate on l'f/i.s— , 2023 by .
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be pai zat the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone # (239)252-
2440 or www.coI liercountv11.;;ov. Any release of lien or confirmation of compliance or confirmation of
the satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy f this ORDER OF THE SPECIAL
MAGISTRATE,has been sent by U.S.Mail on this /; ✓ ay ofip1;, LL�2023 to Respondent, Elizabeth
Fox, 110 Ridge Drive,Naples, FL 34108.
•
• Code Enforc ment Official
I,Crystal K.KitiF1,,C1r' in inrl fnr Cottier Gou v
do hear')v marl h" . ,strunfient is a h ct true and corre
�rY;,f Int a d . r County,Flo'da
By: Deputy Clerk
Date: Ir?P ' .
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS INSTR 6457414 OR 6291 PG 929
COLLIER COUNTY,FLORIDA, RECORDED 9/27/2023 11:15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Petitioner, COLLIER COUNTY FLORIDA
REC$27.00
vs. Case No. CESD20210009168
JUAN SANCHEZ
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 September 1,2023, 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,Juan Sanchez is the owner of the property located at 2002 SR 82, Immokalee,
FL 34142, Folio 64000004.
2. On March 4, 2022 owner was found guilty of Collier County Land Development Code 04-41,
as amended, Section 10.02.06(B)(1)(a), to wit an unpermitted metal frame structure erected
on agriculturally zoned property.
3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the
violation on or before July 5, 2022 (Order)or a fine of$150.00 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 PAGE 2987.
4. Fines have accrued at the rate of$150.00 per day and are assessed against the Respondent for
the period from July 6, 2022,to July 27, 2023, a total of 387 days for a total fine amount of
$58,050.00.
5. The violation has been abated as of July 27, 2023
6. Previously assessed operational costs of$111.70 have been paid.
7. Respondent was duly noticed for the public hearing regarding the County's Motion and
Respondent with his secretary, Andrea Herrera, was present at the public hearing. Respondent
presented testimony that the delay in abatement was in large part due to factors beyond the
control of the Respondent. Testimony was presented that Respondent worked diligently and
expediently to abate the violation.
8. The Respondent's testimony and an evaluation of the gravity of the violation, health, safety
and welfare implications, actions taken by the Respondent and lack of other violations
support the reduction of the fines accrued by the Respondent.
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. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced amount.
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$150.00 per day and are assessed against the Respondent for
the period from July 6, 2022, to July 27, 2023, a total of 387 days for a total fine amount of
$58,050.00. The fine has been reduced to $1,500.00.
D. Respondent must pay Operational Costs of$111.80 for today's hearing.
E. Respondent is ordered to pay fines and costs in the total amount of$1,611.80 within 30
days (October 1,2023).
DONE AND ORDERED this 1st day of September,2023, at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Patrick H.Neale, Esq.
Executed b • Special Magistrate Patrick H.Neale on / , 2023.
Filed with the Secretary to the Special Magistrate on j/j , 2023 b 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.colliercountv11.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 o ..G,.2023 to Respondent, Juan
Sanchez, 1300 Roberts Ave W, Immokalee,FL 34142.
Code Enforcemen ficial
• �u•IN
t �'r rste: .,nzel,Cm , i N1r Colmief County
do,: ,» r 'vt'�at - ris a true an'correct
By_ I-.. a - \, Deputy Clerk
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Dde. 1 • 1 d.
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS INSTR F457415 OR 6291 PG 932
COLLIER COUNTY,FLORIDA RECORDED 9/27/2023 11 15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Petitioner, COLLIER COUNTY FLORIDA
REC$27 00
vs. Case No. CEROW20230002298
7-ELEVEN INC
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on September 1, 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, 7-ELEVEN INC is the owner of the property located at 105 Carver St,
Immokalee, FL 34142, Folio 136441805.
2. Respondent was duly notified of the date of the hearing by certified mail and posting and
David Louis, Area Facilities Manager 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 22, Article VI, Section 22-228(1) and Chapter 110, Article
II, Section 110-31(a)to wit large pot holes in the Right-of-Way of commercially zoned
property and is determined to be hazardous condition to the public.
4. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22-228(1)and Chapter 110, Article II, Section 110-31(a).
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
(October 1,2023).
C. Respondent must abate the violation by obtaining all required Collier County Right-Of-
Way permits,inspections,and Certificate of Completion,to repair the right-of-way to a safe
and permitted condition within 120 calendar days of the date of this hearing(December 30,
2023) or a fine of$200.00 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 1st day of September,2023, at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
_V,..-
77
Pa lck H. Nye , Esq.
7.- fa/),
Executed by: Special Magistrate Patrick H. Neale on 7 / , , 2023.
_____---7
Filed with the Secretary to the Special Magistrate on , 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 N\w\.\.00IIiercountvllnn_. 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. 2023 to Respondent, 7-
ELEVEN INC, 3200 Hackberry Road, Irving, TX 75063.
fr_r
Code Enforcement Official
r yrk2I,CI, i `nufdlier County
f t it isa true and correct
' '°M it' I t:' in 1 nty,Ftori�a
Deputy Cleric
BOARD OF COUNTY COMMISSIONERS 44.
Collier County, Florida
Petitioner,
vs. Case No. CEROW20230002298
7-ELEVEN INC.
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, David C. Louis, Area Facilities Manager SE Florida, on behalf of 7-Eleven Inc.,
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEROW20230002298 dated the 3rd day of April, 2023.
This agreement is subject to the approval of the Special Magistrate, if rejected, case will be presented at first
instance. It is highly recommended that the Respondent(s) or Authorized Representative be present for the
proceedings.
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 September 1, 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:
• 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 Right-Of-Way permit(s), inspections
and Certificate of Completion/Final, to repair the right-of-way to a safe and permitted condition
within 120 days of this hearing or a fine of $200.00 per day will be improsed 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 a legal
holiday,then the notification must be made on the next day that is not a Saturday, Sunday or a legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any
method to bring the violation into compliance and may use the assistance of the Collier County
Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be
assessed olthe perty owner.
6.7. 7.,2,--
Respondent or Representative (sign) Cristina Perez, S ervisor
for Thomas landimarino, Director
Code Enforcement Division
P1> '2 Lcw►5 1. 1 . 2U� �
Respondent or Representative (print) Date
C(. / i G 7
Date
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEROW20220006276
JANDY HERNANDEZ and JOSE M. BLANCO PEREZ
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on September 1, 2023, and
the Special Magistrate, having received evidence and heard argument respective to all appropriate
matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondents, Jandy Hernandez and Jose M. Blanco Perez are the owners of the property
located at 3363 45th Ave NE,Naples, FL 34120, Folio 39775400003.
2. Respondents were duly notified of the date of hearing by certified mail and posting and
Respondents were present at the hearing.
3. Respondents have stipulated to the fact that the property is in violation of Collier County
Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a), and the Collier
County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a),
10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i). to wit unpermitted driveway extension, failed
culvert pipe, driveway extension material from unpermitted driveway extension obstructing
the right of way.
4. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
5. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 110,Article II, Section 110-31(a), and the Collier County Land Development Code
04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i)to
wit unpermitted driveway extension, failed culvert pipe, driveway extension material from
INSTR 545741R OR F291 PG 935
RECORDED 9/27/2023 11:15 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
unpermitted driveway extension obstructing the right of way.
6. Respondents are 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
(October 1,2023).
7. Respondents must abate the violation by obtaining all required Collier County Right-of-
Way permit(s),inspections,and Certificate of Completion/Occupancy for the
unpermitted right-of-way improvements or to restore to a permitted state within 180
(one-hundred eighty calendar days of the date of this hearing (February 28,2024) or a
fine of$200.00 per day will be imposed until the violation is abated.
8. Respondents 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.
9. 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 1st day of September,2023,at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL M IST E
Patric .Neale,Esq.
Executed by,. Special Magistrate Patrick H. Neale on , 2023.
Filed with the Secretary to the Special Magistrate on '7/• , 2023 by r
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.collicrcountvl1.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.
rye
tal K.KinzakGJ •in nd ^'Collier County
h ^nv • is a true and correct
DawyLt1n�,�..:rn, in Deputy Clerk
By:,
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 A. day of 2023 to Respondents, Jandy
Hernandez and Jose M. Blanco Perez, 3363 45th Ave N ,Naples,FL 3412 .
Code Enforcemen Official
1,
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEROW20220006276
Jandy Hernandez and Jose M Blanco Perez
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, ,Q�C_'- '�f ire-0 , on behalf of Jandy Hernandez and Jose
M Blanco Perez, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices
of Violation in reference (case) number CEROW20220006276 dated the 11th day of July, 2022.
This agreement is subject to the approval of the Special Magistrate, if rejected, case will be presented at first
instance. It is highly recommended that the Respondent(s) or Authorized Representative be present for the
proceedings.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled forS�-4�,,,.- L ‘f t tii 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(s) 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: Obtain all required Collier County Right-of-Way permit(s), inspections,
and Certificate of Completion/Occupancy for the unpermitted right-of-way improvements or to
restore to a permitted state within/so days of this hearing or a fine of $0?0c9.*oc per day will
be imposed until the violation is abated.
3) Respondent(s) must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and
made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office
to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property
owner. / 1/76 �� /
r C Y ��
Respond, t r Representative (sign) Cristina Perez, Supervisor
for Thomas landimarino, Director
Code Enforcement Division
b y. / 20Z3
Rejib,/
ent or Representative (print) Date
g / ‘// 2o2
Date
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEPM20230001149
MARK A. CLEGG INCTR R457417 OR F291 PG 939
RECORDED 9/27/2023 11:15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Respondent. COLLIER COUNTY FLORIDA
/ REC$27.00
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 September 1, 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, Mark A. Clegg is the owner of the property located at 5031 32nd Ave SW,
Naples, FL 34116, Folio 36436800000.
2. On May 5, 2023 owner was found guilty of Collier County Code of Laws and Ordinances,
Chapter 22, Article VI, Sections 22-228(1)and 22-231(11),to wit dwelling without
electricity due to fire damage.
3. An initial Order was entered by the Special Magistrate on May 5, 2023 ordering Respondent
to abate the violation on or before August 3, 2023 (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 6266 PG 2392.
4. The violation has not been abated as of the date of this hearing.
5. Previously assessed operational costs of$111.70 have not been paid.
6. Fines have accrued at a rate of$250.00 per day for the period from August 4, 2023, to
September 1, 2023, (29 days) for a total fine amount of$7,250.00.
7. 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,
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. Petitioner presented substantial, competent evidence that the Respondent has made no
meaningful effort to abate the violation. The violation is causing disruption in the
neighborhood due to a generator used in lieu of electricity, there is a continuing potential for
further damage to the structure.
9. The factors to be considered pursuant to Collier County Code of Laws and Ordinances,
Chapter 2, Article IX, Division 4, Section 2.2030 (2)were considered by the Special
Magistrate. The factors as analyzed by the Special Magistrate support the imposition of the
accrued fine amount.
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. 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 August 4, 2023, to September 1, 2023, a total of 29 days for a total fine
amount of$7,250.00.
D. Respondent must pay previously assessed Operational Costs of$111.70 that have not been
paid and are also assessed and must pay Operational Costs of$111.70 for today's hearing.
E. Respondent is ordered to pay fines and costs in the total amount of$7,473.40 within 30
days of this hearing(October 1,2023).
DONE AND ORDERED this 1st day of September,2023,at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
2' trick H. Neale,Esq.
Executed by: Special Magistrate Patrick H. Neale on 2023.
Filed with the Secretary to the Special Magistrate on Tji , 2023 b �.
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 o ipL t.-2023 to Respondent,Mark A.
Clegg, 5031 32nd Ave SW,Naples, FL 34116.
/;
L
Code Enforcement 0 icial
;,rr 'T ,Kinzel; ', =�'jqa.d for Collier County
dr f.. ent is a true and correct
.4,r....,_,of,,, .gir: 1 fi. , , .rida
By: _ /,, Deputy Clerk
Date: / / La:
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEPM20220007180
WEST SHORE POINT NAPLES LLC INSTR 6457418 OR 6291 PG 942
RECORDED 9/27/2023 11.15 AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Respondent. COLLIER COUNTY FLORIDA
/ REC$27.00
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 September 1,2023, 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, West Shore Point Naples LLC is the owner of the property located at 2155 Great
Blue Drive,Naples, FL 34112, Folio 389880006.
2. On January 6,2023 owner was found guilty of Collier County Code of Laws and Ordinances,
Chapter 22, Article VI, Section 22-228(1),to wit damaged automatic electric gate in need of
repair.
3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the
violation on or before March 7, 2023 (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 6226 PAGE 904.
4. The violation has been abated as of July 26, 2023.
5. Previously assessed operational costs of$111.65 have been paid.
6. Fines have accrued at a rate of$250.00 per day for the period from March 8, 2023,to July 26,
2023, (141 days)for a total fine amount of$35,250.00.
7. Respondent was duly noticed for the public hearing regarding the County's Motion and
Attorney Todd Allen, Respondent's attorney was present at the public hearing. Mr. Allen
presented sworn testimony that the Respondent did not need a permit. Upon determining a
permit was needed,the Respondent applied for a permit on or about April 20, 2023.
8. The factors to be considered pursuant to Collier County Code of Laws and Ordinances,
Chapter 2, Article IX, Division 4, Section 2.2030(2)were considered. The gravity of the
violation is minor as it solely impacts the gate. The violator has corrected the violation. The
violator has committed one prior violation which is accruing fines. These factors have been
weighed by the Special Magistrate and support a reduction in the fine amount.
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. 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;
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 March 8, 2023,to July 26, 2023, a total of 141 days for a total fine amount
of$35,250.00. Based upon the consideration of the required factors, the fine is reduced to
$5,000.00.
D. Respondent must pay Operational Costs of$111.80 for today's hearing.
E. Respondent is ordered to pay fines and costs in the total amount of$5,111.80 within 30
days of this hearing(October 1,2023).
DONE AND ORDERED this 1st day of September,2023,at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGI TE
Patric . eale,Esq.
Executed by: Special Magistrate Patrick H.Neale on r , 2023.
Filed with the Secretary to the Special Magistrate on V/-) , 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 /8A1da o 2023 to Respondent, West
Shore Point Naples LLC, c/o David J. Sacco, One Intemationa Place, #3c90 ,Boston, MA 02110.
Code Enforcemen ficial
M
, ozw elrpirts ollietCountd'd,k a t;r�rtRt.thatt • ry a true ai•corre ctc,,.A...f{Uit.:,,.gina ill"i ' i' c06 '. korida Deputy Clerk
By:
— 4F1 /%Jt'%,w
Die:
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS INSTR 6457419 OR 6291 PG 945
COLLIER COUNTY,FLORIDA, RECORDED 9/27/2023 11:15AM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
Petitioner, COLLIER COUNTY FLORIDA
REC$27.00
vs. Case No. CENA20230004916
DOROTHY MARY BAILEY and RICHARD C. A. BAILEY
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on September 1, 2023, and
the Special Magistrate, having received evidence and heard argument respective to all appropriate
matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondents, Dorothy Mary Bailey and Richard C. A. Bailey are the owners of the property
located at 631 106th Ave N,Naples, FL 34108, Folio 62577000005.
2. Respondents were duly notified of the date of the hearing by certified mail and posting and
Respondents were present at the hearing.
3. Respondents have stipulated to the fact that the property is in 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
litter/prohibited outside storage including but not limited to, paper, plastic, cardboard, metal,
propane tanks, and other various household items.
4. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
5. Respondents are 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 litter/prohibited outside storage including but
not limited to, paper, plastic, cardboard, metal, propane tanks, and other various household
items.
6. Respondents are 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
(October 1,2023).
7. Respondents 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 60(sixty) calendar
days of the date of this hearing(October 31,2023)or a tine of$100.00 per day will be
imposed until the violation is abated.
8. Respondents 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.
9. 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 1st day of September,2023,at Naples,Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
atrick . e , sq.
Executed by: 7// Special Magistrate Patrick H.Neale on 1 , 2023.
Filed with the Secretary to the Special Magistrate on .7//6— , 2023 b
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 copy2o°f this ORDER OF THE SPECIAL
MAGISTRATE,has been sent by U.S.Mail on this ay of .Lp ,,-2023 to Respondents,Dorothy
Mary Bailey and Richard C. A. Bailey, 631 106th Ave ,Naple 8.
npgiv
Code Enfor me Official
I,rrr;;ta',M Vi el `C n frn C iiex County
do t•;z+r�v n.rif++ t t •,41ao •,a =t is a tfue and corro-.t
f.1 dunty,F' .•
Deputy Clerk
�. �
Da;e._ f / )Y� Jr
BOARD OF COUNTY COMMISSIONERS .4/0
Collier County, Florida
Petitioner,
vs. Case No. CENA20230004916
Dorothy Mary and Richard C A Bailey
Respondents,
STIPULATION/AGREEMENT
Before me, the undersigned, 10cr y o7 7 t R 1ttLt:rd C 4t3,itet,7
on behalf of Dorothy Mary and Richard C A Bailey, enters into this Stipulation and'Agreement with Collier
County as to the resolution of Notices of Violation in reference (case) number CENA20230004916 dated the
31st day of May, 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 September 1, 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: 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 6C' days of this Hearing, or a fine of $100.00 will be
imposed for each day the violation remains.
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 enf rce the provisions of is a reement and all costs of abatement shall be assess d to the property
owner.
Respondent or Representative (s. n) Christopher Ambach, Supervisor
for Thomas landimarino, Director
)Q r DA\N‘,I i `')(u1\ Qy Code Enforce ent Division
Cii\a/(6k, 9y/ ,2
es ondent or Representative (
P prin ) ate
Date
REV 3-29-16