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09/2023 &CUUtY Growth Management Department Code Enforcement Division DATE: September 13, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as ORDERS, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees to: Helen Buchillon Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 111-138911-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at: 239-252-5892. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•uwwv.colliergov.net _ .r Receipt# 008763043 9/22/2023 9:54:43 AM �c`�ICKco�Nri Crystal K. Kinzel Clerk of the Circuit Court and Comptroller P�0. `C`0 0 �� �� ill CIXCJ _ _ _OCy \ O O O 'DER Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Stephanie L. Carr Collier County Govt. Center & REC Recordinghelp@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami TrI E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 7 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Order 6456117 6290 405 $35.50 Order 6456118 6290 409 $18.50 Order 6456119 6290 411 $18.50 Order 6456120 6290 413 $18.50 Order 6456121 6290 415 $18.50 Order 6456122 6290 417 $18.50 Order 6456123 6290 419 $18.50 TOTAL AMOUNT DUE $146.50 Clerk Account#: BCC ($146.50) BALANCE DUE $0.00 Note: 9/22/2023 9:54:43 AM Stephanie L. Carr: Code Enforcement Charge account: 111-138911-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. OQDlio®ri0li® @olEfa Page 1 of 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220011340 WILLIAM J BAYES EST CO WESTON J BAYES PR, INSTR 6456117 OR 6290 PG 405 RECORDED 9/22/2023 9:54 AM PAGES 4 Respondent(s). CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s),William J Bayes Est CO Weston Bayes PR,is/are the owner(s)of the subject property(the "Property"). 2. Respondent(s), having been notified of the date of hearing by certified mail and posting, did not have a representative appear at the public hearing. 3. Prior to the hearing, Respondent(s) representative Weston Bayes entered a Stipulation on behalf of the Respondent(s),which is attached hereto as Exhibit"A."The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 2631 Becca Ave. Units 1-3, Naples, FL 34112, Folio No. 81271000007 is in violation of Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i),in the following particulars: Unpermitted re-model of multifamily structures. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), do/does exist, and that Respondent(s)committed,and was/were responsible for maintaining or allowing the violation(s)to continue as of the date of this hearing. ORDER Page 1 of 3 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended,Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i). B. Respondent(s) must abate all violations by obtaining all required Collier County Building Permit(s), Demolition Permit(s), Inspections, and Certificate of Completion/Occupancy for the described structure/alteration on or before December 22,2023,or a fine of$200.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs incurred in the prosecution of this case in the amount of$59.28 on or before September 23,2023. E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ,2y/.4 day of Al(�` ,2023 at Collier County, Florida. CODEJ ►i ! ' EMENT BOARD LIER COUN P ,FLO• a A Vittor STATE OF FLORIDA 'o I•rt . . an,Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means ofkphysical presence or 0 online notarization, this ` ' day of ' l til 6(JL. ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. 4., Personally Known OR 0 Produced Identification Signature of Notary Public- State of Florida Type of Identification Produced ,c,ser ua HELEN BUCHILLON P Commission#HH 105119 * F t# ,�j* Commissioned Name of Notary Public iilT.YOT Expires May 15,2025 (Print/Type/Stamp) 9lFOF FLOQ\ Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. Crystal K K'�elrirr' ,er'��,����'�l aa!'�''r+^�Ihrr Crt�r dQ h% t i rn tt= t?rat }4',,At F`iv,r',aflti-^t,i F.1rue dna correct Uiwj� ,a tt ti 1r y61t.p(l ESy , Cy. I': Deputy Clerk t1J , Page2of3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER ha beenff �sent by U.S. Mail to: William J Bayes Est CO Weston J Bayes PR,2596 Becca Avenue,Naples,FL 34112 on Y ,2023. (LO-dk Code Enforcement Official Page 3 of 3 -4j BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner, VS. Case No. CESD20220011340 BAYES EST, WILLIAM J WESTON J BAYES PR, Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, -,40-e 1 _ , on behalf of BAYES EST, WILLIAM J WESTON J BAYES PR, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case)number CESD20220011340 dated the 16'day of February, 2023. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 24th, 2023; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the re-modeling of the multifamily structures within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. JAb 1-1 Re •on'i nor Representative (sign) Jos Mu a, Supervisor for `omas landimarino, Director Coe Enforcement Division WWPdo✓l` J. 32 3 Respondent or Representative (print) Date Date REV 4-27-23 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS INSTR 6456118 OR 6290 PG 409 COLLIER COUNTY,FLORIDA, RECORDED 9/22/2023 9:54 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Petitioner, REC$18.50 vs. Case No. CEPM20230001023 VINCENT AND RUTH A LENNON, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s),Vincent and Ruth A Lennon,is/are the owners of the subject property(the"Property"). 2. Respondent(s), having been notified of the date of the hearing by certified mail and posting, had their authorized representative Durell Peterkin appear and speak on their behalf at the public hearing. 3. The Property located at 11655 Collier Blvd.,Naples,FL 34116,Folio No.35640720003 (Legal Description: GOLDEN GATE UNIT 1 BEG SE CNR BLK 5A, S 75 DEG W 80.23FT,W 72.50FT,N 170FT,E 150FT TO PT ON E LI BLK 5A, S 149.23FT) is in violation of Collier County Code of Laws and Ordinance, Chapter 22,Article VI,Sections 22-240(2)(m)and 22-228(1),in the following particulars: Section of the storefront window broken and covered with wood. 4. The violation(s)have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violations of Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-240(2)(m)and 22-228(1)do exist,and that Respondents committed,and were responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondents are found guilty of violating Collier County Code of Laws and Ordinance,Chapter 22,Article VI, Sections 22-240(2)(m)and 22-228(1). B. Respondent(s) must abate all violation(s) by replacing the broken window(s) on or before September 23, 2023 or a fine of$50.00 dollars will be imposed for each day the Respondent(s)fails to either replace the broken windows or timely obtain the Boarding Certificate/Permit,pursuant to paragraph C below. Page 1 of 2 C. Respondent may alternatively abate all violation(s)by obtaining a Boarding Certificate on or before August 31, 2023 and obtain all required Collier County inspections through Certificate of Completion/Occupancy for the window(s) on or before February,24,2024,or a fine of$50.00 per day will be imposed for each day the violation(s)remain thereafter. D. If Respondents fail to comply with this Order,Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondents. E. Respondents are ordered to pay operational costs incurred for the prosecution of this case in the amount of $59.28 on or before September 23,2023. F. Respondents shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection��/� to confirm compliance. DONE AND ORDERED this d`f`f+l day of ia6g(Kt ,2023,at Collier County,Florida. CODE ENFORCEMENT BOARD C TY,FLO A B : STATE OF FLORIDA o ert I ,Chair COUNTY OF COLLIER The foregoing instrument was,acknowledged before me by means of.physical Presence or 0 online notarization, this �Me, day of `E 2( '. (J4Z— ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. ©- / Personally Known OR 0 Produced Identification Signature of Notary Pu lic State of Florida Type of Identification Produced oowl Pue HELEN BUCHILLON Commission#HH 105119 Commissioned Name of Notary Public * `( ' " Expires May 15,2025 (Print/Type/Stamp) YP p) 1>eoF FN.oP Bonded Thru Budget Notary Services PAYMENT OF FINES:Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Vincent and Ruth A.Lennon, 8805 Tamiami Trail North,Naples,FL 34109,on "f"l - 74A ,2023. r' and for CaN'u+r Cn+mtY r tat K.Kinzel,Cltt` -C ,rts to a and correct Code Enforcement Official I' ea reel the shove instcumen is a true do hearhY fi.din tier ,Florida °Deputy Clerk By: D&t ''f • r• Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20230003899 DEBBIE BELLO LOPEZ AND RAMON LOPEZ, !NSTR 6456119 OR 6290 PG 411 RECORDED 9/22/2023 9:54 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s). COLLIER COUNTY FLORIDA / REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s), Debbie Bello Lopez and Ramon Lopez, is/are the owner(s) of the subject property (the "Property"). 2. Respondent(s), having been notified of the date of hearing by certified mail and posting, appeared at the public hearing via Debbie Bello Lopez. 3. The Property at 2960 56`h Ave. NE, Naples, FL 34120, Folio No. 38970400003 (Legal Description: GOLDEN GATE EST UNIT 44 W 150FT OF TR 106)is in violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) in the following particulars: Multiple structures erected prior to obtaining a Collier County Building permit(s)consisting of,but not limited to,a front carport with 2 light poles with receptable connections,barn/carport/storage structure in the rear,metal shed structure,and an electrical receptable connection pole in the rear of the property. 4. The Respondent(s)has/have admitted that the violation(s)exist. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s) of Collier County Land Development Code 04- 41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) do/does exist, and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s) to continue as of the date of this hearing. ORDER Page 1 of 2 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i). B. Respondent(s) shall abate the violation(s) by obtaining all required Collier County Building permit(s) or Demolition permit(s), inspections, and Certificate of Completion/Occupancy to either keep or remove the unpermitted improvements of the front carport with 2 light poles with receptacle connections, barn/carport/storage structure in the rear of the property, metal shed structure and electrical receptacle connection poles in the rear of the property on or before February 20,2024 or a fine of$350.00 per day will be imposed for each day the violation(s)remain thereafter. C. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before September 23,2023. DONE AND ORDERED this 02k day of au, ,2023 at Collier County,Florida. E ENFORC: ENT BOARD COLLIERY F M IDA :Y: . STATE OF FLORIDA Robert K.- IF,Chair COUNTY OF COLLIER y The foregoing instrume t was acknowledged before meby means of la.physical presence or 0 online notarization, this `)14 day of ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier Coun ,Florida. Personally Known OR 0 Produced Identification l/¢ Type of Identification Produced Signature of Notary Public-State of Florida 61,5kv Pu HELEN BUCHILLON _ o Commission#HH 105119 * Expires May 15,2025 Commissioned Name of Notary Public T.V Or Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Debbie Bello Lopez and Ramon Lopez,2960 56`h Ave.NE,Naples,FL 34120,on �; 7 ,2023. As in and for Collier County I, .lEtruel,Cr'l : ,�C and correct do y,,art,! sh t the Above instrjarnent is a true a Co e Enforcement Official ,Florida c [c n al filed i ry, Deputy Clerk By: Dot ; Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20210011366 TIMOTHY DEZEGO AND ROBYN DEZEGO, INSTR 6456120 OR 6290 PG 413 RECORDED 9/22/2023 9:54 AM PAGES 2 Respondent(s). CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA / REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On June 23,2022,Respondent(s),Timothy Dezego and Robyn Dezego,was/were found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Section 10.02.06(B)(1)(a) on the subject property located at 3399 Canal St., Naples, FL 34112, Folio No. 71800000242 (Legal Description: SABAL SHORES OF BLK F LOTS 14 + 15), hereinafter referred to as the "Property", in the following particulars: A carport and front entry porch overhang were built without the required permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before December 23, 2022, or a fine of$250.00 per day would be assessed for each day the violation(s) remained thereafter(A copy of the Order is recorded at OR BK 6155 PG 1570). 3. On May 25,2023,this Board granted a continuance on the Petitioner's Motion for Imposition of Time as the Respondent(s)was/were diligently pursuing abatement of the violation(s). 4. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, had Timothy Dezego appear and present testimony at the public hearing. 5. Prior operational costs of$59.21 and$59.28 incurred by the Petitioner in the prosecution of this case have been paid and operational costs in the amount of$59.49 have been incurred by the Petitioner for this hearing. 6. The violation(s)has/have been abated as of June 27,2023. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. ORDER Page 1 of 2 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$500.00 to be paid along with operational costs of$59.49 for a total amount of$559.49 to be paid on or before September 23, 2023, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. 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. DONE AND ORDERED this (2 day of la(}5()St ,2023 at Collier County,Florida. E ENFORCE NT BOARD COLLI 0 Y RIDA • STATE OF FLORIDA bert K man,Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by mea physical Presence or 0 online notarization, this 7 day of,j �..� ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier Count ,Florida. juLPersonally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida �gPRY?oo, HELEN BUCHILLON * ;�, * Commission#HH 105119 o Expires May 15,2025 Commissioned Name of Notary Public 91'4-0F Eve Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing.It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Timothy Dezego and Robyn Dezego,3399 Canal St.,Naples,FL 34112,on A l — `}(4 ,2023. Lat./r. ..• ,C..,;dg In eR and cowl t lee'1 T Fnen't is a true pe4 uH Clerk d eatI V Code Enforcement Official c.nfwtalK.KiRI�'. t thr nsJ rr "t Florida 1 ; 1�• dln ColYtCr , loi: BY Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20200003738 YOLANDA MACHADO AND DAVID R. CRUZ, INSTR 6456121 OR 6290 PG 415 RECORDED 9/22/2023 9:54 AM PAGES 2 Respondent(s). CLERK OF THE CIRCUIT COURT AND COMPTROLLER / COLLIER COUNTY FLORIDA REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On October 29, 2021, Respondent(s), Yolanda Machado and David R. Cruz, was/were found guilty of violating Collier County Land Development Code,Ord.No.04-41,as amended, Sections 10.02.06(B)(1)(a) on the subject property located at 2048 55'h Ten SW, Naples, FL 34116, Folio No. 36302680008 (Legal Description: GOLDEN GATE UNIT 6 BLK 187 LOT 15 OR 1356 PG 1757),hereinafter referred to as the "Property"),in the following particulars: Canopy/Lanai built without permit and shed being built without a permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before December 28, 2021, or a fine of$150.00 per day would be assessed for each day the violation(s) remained thereafter(A copy of the Order is recorded at OR 6071 PG 3). 3. Respondent(s), having been notified of the date of the hearing by certified mail, posting and/or personal service,had Respondent David R. Cruz appear at the public hearing. 4. Prior operational costs of$59.28 have been paid. 5. Operational costs in the amount of$59.42 have been incurred by the Petitioner for this hearing. 6. The violation(s)has/have been abated as of July 17,2023. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. ORDER Page 1 of 2 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$5,000.00,along with operational costs of$59.42,for a total amount of$5,059.42,to be paid on or before September 23,2023, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. 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. DONE AND ORDERED this,2 1 day of/1/19.5(-- ,2023 at Collier County,Florida. ODE ENFORC i NT B•ARD COL -.0%, , " ORIDA Y: ,; '�i STATE OF FLORIDA • ,,.ert Ka 7 fan,Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means ••• * physical Presence or 0 online notarization, this 74 day of ST - —: bcte— ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,,Florida. Personally Known OR❑Produced Identification1,0/61_1.4. Type of Identification Produced Signature of Notary ublic- State of Florida o.,t,Rv pus� HELEN BUCHILLON r Commissioned Name of NotaryPublic * * Commission#HH 105119 s9 , ' \oT Expires May 15,2025 (Print/Type/Stamp) 'Fop FtoQ Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.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 Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Yolanda Machado and David R. Cruz,2048 55th Terr SW,Naples,FL 34116,on s -A1., ,2023. 1Ln .1......--72 Vait,---j""" , 1 f -^ Code Enforcement Official I,t ry tal K.Kinzel,C1er �a CS 1#io and for Collier Coucty do rhY* r+i`�'�' t thfi elnstnriaen Florida true is a and correct c �„ n 1 d in,Colli. , '. Deputy Clerk By: Dote: . Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS INSTR 6456122 OR 6290 PG 417 COLLIER COUNTY,FLORIDA, RECORDED 9/22/2023 9:54 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Petitioner, COLLIER COUNTY FLORIDA REC$18.50 vs. Case No. CEROW20210008921 DOMINICK AND ALYCIA LENTO, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondents,Dominick and Alycia Lento,are the owners of the subject property(the"Property"). 2. Respondents,having been notified of the date of the hearing by certified mail and posting,did not appear at the public hearing. 3. The Property located at 3775 29th Ave.NE,Naples,FL 34120,Folio No. 40184600001 (Legal Description: GOLDEN GATE EST UNIT 68 E 75FT OF W 150FT OF TR 110)was in violation of Collier County Code of Laws and Ordinances,Chapter 110,Article II,Section 110-32,in the following particulars: Vegetation blocking the Right of Way. 4. The violation was abated by the County as of March 2,2022,per vendor invoice 2664. 5. Petitioner filed a Motion to Amend this Board's Order from the May 26,2022,hearing to correct Scrivener's error regarding the total number of days the fines accrued, the date the fines began to accrue, the total fine amount,and the total amount of fines and costs due. 6. The Order being amended is recorded in the Official/Land Records of Collier County at OR 6141 PG 1011. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence warrants this Board amending its prior order dated May 26, 2022 (OR 6141 PG 1011)to correct the error of the number of days of violation from 108 days to 109 days,correct the fine amount from$21,600.00 to $21,800.00, correct the date the fines began to accrue from November 14, 2021 to November 13,2021,and to correct the total amount of fines and costs from$21,928.49 to$22,128.49. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: Page 1 of 2 A. The Board's prior Order of May 26,2022(OR 6141 PG 1011), is amended as follows: 1. Paragraph B is amended from 108 days to 109 days of daily fines,the date the fines began accruing is amended from November 14,2021,to November 13,2021,and the fine amount total is amended from$21,600 to$21,800.00. Paragraph B is otherwise unchanged. 2. Paragraph E is amended from the total amount of fines and costs due of$21,928.49 to$22,128.49. Paragraph E is otherwise unchanged. 3. All other paragraphs and provisions of the prior Order of May 26, 2022 (OR6141 PG 1011),remain in effect and apply. DONE AND ORDERED this 400(IAday of A-OSUSt ,2023,at Collier County,Florida. Co : " I • MENT BOARD COLLIER CO Y,FL 0 'IDA STATE OF FLORIDA robert •'Tait hair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by mea of physical Presence or 0 online notarization, this 214,1 day of S ' ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County, to J Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public-State of Florida 2o09.r ro, HELEN BUCHILLON * , * Commission#NH 105119 Commissioned Name of Notary Public , Expires May 15,2025 (Print/Type/Stamp) 9TFOF FLOC\ Bonded Thru Budget Notary Services PAYMENT OF FINES:Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this RDER has been sent by U.S. Mail to: Dominick and Alycia Lento,3775 29`h Ave.NE,Naples,FL 34120,on 5 `7111 ,2023. Code Enforcement Official 1c K C4rur' er-g inand‘Inc Collie!County do any r' !II't ,60Ye instrument is a true and correct staff • Con; r Florida By: . • Deputy Clerk Dai Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD2018_0004425 MARIA C. RAMIREZ, INSTR 6456123 OR 6290 PG 419 RECORDED 9/22/2023 9:54 AM PAGES 2 Respondent(s). CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent,Maria C.Ramirez, is the owner of the subject property(the"Property"). 2. Respondent, having been notified of the date of the hearing by certified mail and posting, did appear at the public hearing. 3. The Property located at 11700 Labrador Ln.,Naples, FL 34114, Folio No. 759800108 (Legal Description: 16 51 27 W1/2 OF SW1/4 OF SE1/4 OF SW1/4 5 AC OR 1704 PG 1916)was in violation of Collier County Land Development Code Ord.No.04-41,as amended,Sections, 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e),in the following particulars: Structures including but not limited to, sheds, pole barn, chicken coop, and trailer built on property without first obtaining all required Collier County Building Permits. Three expired Collier County Building Permits,PRBD20140925624,PRBD20140927647,and PRBD20160726667. 4. The violations have not been abated as of January 27,2022. 5. Petitioner filed a Motion to Amend this Board's Order from the January 27, 2022 hearing to correct Scrivener's error regarding the total number of days the fines accrued, the date the fines began to accrue, total amount of fines,and the total amount of fines and costs. 6. The Order being amended is recorded in the Official/Land Records of Collier County at OR 6095 PG 3284. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence warrants this Board amending its prior order dated January 27,2022(OR 6095 PG 3284) to correct the date the fines began to accrue from January 24, 2020 to January 25, 2020, correct an error of the number of days of violation from 1,100 days to 734 days,correct the fine amount from $110,000.00 to $73,400.00, and to correct the total amount of fines and costs due from $110,059.70 to $73,459.70. ORDER Page 1 of 2 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. The Board's prior order of January 27,2022(OR 6095 PG 3284),is amended as follows: 1. Paragraph B is amended from 1,100 days to 734 days of daily fines,the date the fines began accruing is amended from January 24, 2020, to January 25, 2022, and the fine amount total is amended from$110,000.00 to$73,400.00. Paragraph B is otherwise unchanged. 2. Paragraph D is amended from the total amount of fines and costs due of $110,059.70 to $73,459.70. Paragraph E is otherwise unchanged. 3. All other paragraphs and provisions of the prior Order of January 27,2022(OR 6095 PG 3284)remain in effect and apply. DONE AND ORDERED this atmr day of LL t ,2023,at Collier County,Florida. CODE k'-! ' _ ENT BOARD C e LIER COUNT FLORIDA B ; w4-1 STATE OF FLORIDA 'o e e •'man,Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of Yphysical Presence or 0 online notarization, this `4l, day of LX 2— ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County, Personally Known OR 0 Produced Identification a Type of Identification Produced Signature of Notary Public-State of Florida ecty.PUBti HELEN BUCFULL0N * Commission#HH 105119 Commissioned Name of Notary Public 9P�z Expires May 15,2025 (Print/Type/Stamp) 'OF F‘•U Bonded Thru Budget Notary Services PAYMENT OF FINES:Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: Maria C. Ramirez, 11700 Labrador Ln.,Naples,FL 34114,on , 'i.., ,2023. et • , � o e Enforcement Official rr 1,t^.ryt:taikk,11nxo lair'`Cc;rt in andlr Collier County do hear+a ttiN that Pal oveinrtrurrienr.0 a true and correct t, inal 1 in i C lorida By: Deputy Clerk _ Page 2 of 2 Ju mil l Receipt# 008764316 9/27/2023 11:15:14 AM co 0,,FKco,,ro Crystal K. Kinzel Clerk of the Circuit Court and Comptroller El ?,f,2F TjlE CIPLJ`sGO 0 gE?1 (- E r&--,, @ - -pia Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Stephanie L. Carr Collier County Govt. Center & REC Recordinghelp@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 (239)252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 8 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Order 6457412 6291 923 $27.00 Order 6457413 6291 926 $27.00 Order 6457414 6291 929 $27.00 Order 6457415 6291 932 $27.00 Order 6457416 6291 935 $35.50 Order 6457417 6291 939 $27.00 Order 6457418 6291 942 $27.00 Order 6457419 6291 945 $27.00 TOTAL AMOUNT DUE $224.50 Clerk Account#: BCC ($224.50) BALANCE DUE $0.00 Note: 9/27/2023 11:15:14 AM Stephanie L. Carr: Code Enforcement Charge account: 111-138911-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. gall0@Q@ggo [U Page 1 of 1 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEV20230000212 FORTINO MENDEZ INSTR F457412 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. COLLIER COUNTY CODE ENFORCEMENT ° litslp�.j , SPECIAL MAGISTRATE llex County ' I ,'v tc, at r�Pinsinime is 6 tru6 and correct � 0".; Lic h. 'i . �e filer County,Floc% "-.Y.� BY. i%� Deputy Clerk ' j .,,ii' Dine. '/ ll,�'i1't ' --- Patrick H. Neale,Esq. Executed b : Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on G/jai , 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 www.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 g291 PG 92F 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 atrick eaf Esq. Executed by: Special Magistrate Patrick H.Neale on / , 2023. Filed with the Secretary to the Special Magistrate on qlr.N--- , 2023 by/ • PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be pai at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.col Iiercountyfl.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 /I✓ ay of i i. L:,2023 to Respondent,Elizabeth Fox, 110 Ridge Drive,Naples, FL 34108. �t Code Enforc ment Official 1,Crystal K.1Cir P1 flits:, in a7d+.nrC2frrerCou:r`� do hear'iv ref-a!h: t'+. strung/it is a`true and correct a it, . �j, r County,Flo,da By: , yP S_ Deputy Clerk Date: I ?f a 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 i >," - Patrick H.Neale,Esq. 7' /712 Executed b • Special Magistrate Patrick H.Neale on , 2023. 1 Filed with the Secretary to the Special Magistrate on V/. , 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 wwvv.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 day o ,.2023 to Respondent, Juan Sanchez, 1300 Roberts Ave W, Immokalee, FL 34142. Code Enforcemen ficial 0 , _ ,_+^ rzet,Clr ' - r: dal'Col:ier County » 'V that . ' A% .s a true an,correct nal fi•.in s, e,Ali5 by_ it., _ e Deputy Clerk Dail: Ins- ` " CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS INSTR 6457415 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 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 1st day of September,2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Pack H. e ,Esq. Executed by: Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on 9Y/ , 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 w_vww.colIiercountyfl.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 ,' yl day of_: 2023 to Respondent, 7- ELEVEN INC, 3200 Hackberry Road, Irving,TX 75063. { ,p ' Code Enforcement Official G! firth` 'n�f.oliter county lbov �r tdl, �#Asa true and correct a ;lt' .in jer '.'ntY.Ft n a 3 ® Deputy Clerk BOARD OF COUNTY COMMISSIONERS 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. o ; Respondent or Representative (sign) Cristina Perez, S ervisor for Thomas landimarino, Director Code Enforcement Division Respondent or Representative (print) Date iIi 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 645741E OR 6291 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 I T E Patric . Neale,Esq. Executed by/� Special Magistrate Patrick H.Neale on / , 2023. Filed with the Secretary to the Special Magistrate on i/f , 2023 by / r PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be pai at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.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. lis V11 CI an d nr feather CoUntV o� a#� n ru s a t iie and correct n, � Deputy Clerk Date: "..fr-!r_. .'`'' 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 , .z day of 2023 to Respondents, Jandy Hernandez and Jose M. Blanco Perez, 3363 45th Ave N ,Naples,FL 3412 . Code Enforcem Official 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 J <2_ [ , 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 forSvk-e_,.,7,-c ,-t2 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/Sc days of this hearing or a fine of $0100.1"oper 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. (71/176--- Respond, -t r Representative (sign) Cristina Perez, Supervisor for Thomas landimarino, Director Code Enforcement Division 6/. /. 2013 Re ndent or Representative (print) Date t Z 0 2 2j Date CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20230001149 MARK A. CLEGG !NSTR 6457417 OR 6291 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 rick H.Neale,Esq. Executed by: i Special Magistrate Patrick H.Neale on 2023. Filed with the Secretary to the Special Magistrate on T1/4� , 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 f this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S.Mail on this day o .--2023 to Respondent,Mark A. Clegg, 5031 32nd Ave SW,Naples, FL 34116. L Code Enforcement O tcial o OKinzet C ,�yj' iv d`or Collier County d.i M r { rti`v t at . .tr . ,.t ent is a true and correct ,_.`,t ,�,. .3ir. fiyin � ,, ,F.nda by: Deputy Clerk DGe; `i jgL�!" . CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20220007180 INSTR 645741R OR F291 PG 942 WEST SHORE POINT NAPLES LLC 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 MAGISTRATE .V.:;:/// / , 13atr ck . Neale,Esq. Executed by: Special Magistrate Patrick H.Neale on , 2023. 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 w4 w.colliercountvll.12,or. 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 /� da o 2023 to Respondent, West Shore Point Naples LLC, c/o David J. Sacco, One Internationa Place,#3\90 , Boston, MA 02110. Code Enforcemen ficial ^ t4\^ do a h nertO a1{ • 'el n}rrt>,t' a true a g g correct (AF, ibt7r. g;nal fit.•I gilif Cott `; forida Deputy Clerk CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS !NSTR 6457419 OR 6291 PG 945 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. 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 fine 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 z,,_ atrick--Ilea eal!i Esq. Executed by: Special Magistrate Patrick H.Neale on / , 2023. Filed with the Secretary to the Special Magistrate on 7,/ , 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 'y_yyyac0Iliercouinttial. oy. 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 ofJ4..,-2023 to Respondents,Dorothy Mary Bailey and Richard C. A. Bailey, 631 106th Ave ,Naple 8. ry1+ / c," Code Enfor me Official { i i .,n'K v el e `i n a foi C.r3}Iier Co n"1 [ tisa.true and oOrreet do t :rote,v x _ .a_ ,,u�; c i�a. ndUnty,F Deputy Clerk Dare: BOARD OF COUNTY COMMISSIONERSi0 Collier County, Florida Petitioner, vs. Case No. CENA20230004916 Dorothy Mary and Richard C A Bailey Respondents, STIPULATION/AGREEMENT Before me, the undersigned, DL t j 7 R i. .c=4^ ( - C3 e 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 LO} 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 Q the Collier County Sheriff's Office to enf rc the provisio s of is a reement and all costs of abatement hall be assess d to the property own r. Respondent or Representative (s' n) Christopher Ambach, Supervisor for Thomas landimarino, Director D- \,\\, 1 n\ \ 0,,E L \ Code Enforce ent Division (A\CW& i\4` /?), 9y/ Respondent or Representative tive (prin ) ate Date REV 3-29-16 Colter County Growth Management Department Code Enforcement Division DATE: September 26, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as ORDERS, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees to: Helen Buchillon Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 1 1 1-1 3891 1-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at: 239-252-5892. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239-252-2440•wwuv.colliergov.net .�' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CELU20220011318 YOHENIS MARTINEZ INSTR 6460718 OR 6293 PG 3000 RECORDED 10/4/2023 1:08 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s), COLLIER COUNTY FLORIDA / REC$27.00 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on July 31,2023, and the Board,having heard testimony under oath,received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s),Yohenis Martinez,is/are the owner(s)of the subject property(the"Property"),was notified of the date of hearing by certified mail and posting and did not appear at the public hearing. 2. Prior to the hearing,Respondent(s)entered into a Stipulation,which is attached hereto as Exhibit"A". The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 3. The Property at 1311 11`h St SW,Naples,FL 34117,Folio No.45847880008(Legal Description: GOLDEN GATE EST UNIT 193 N 105FT OF TR 76)is in violation of Collier County Land Development Code,Ord. No.04-41,as amended,Sections 1.04.01(A)and 2.02.03,in the following particulars: An improved estates zoned property with multiple inoperable boats on blocks in the yard and no registration numbers. 4. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,Ord. No. 04-41,as amended, Sections 1.04.01(A) and 2.02.03 do/does exist, and that Respondent(s)committed, and was/were responsible for maintaining or allowing the violation(s) to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord.No. 04-41, as amended,Sections 1.04.01(A)and 2.02.03. Page 1 of 2 B. Respondent(s) must abate all violations by repairing and obtaining valid registration to a legal occupant of the subject property for all boats in violation—including affixing registration numbers to each hull,or store the boats in a completely enclosed structure or upon a licensed and operable trailer registered to a legal occupant of the subject property,or remove the boats to a site authorized for such use on or before August 30,2023,or a fine of$50.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before August 30,2023. E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ?/'"i day of AC( ,2023 at Collier County,Florida. CODE ENFORCEMENT BOARD IER it UNTY,F ,S RIDA kw STATE OF FLORIDA ' . .- f •,,Chair COUNTY OF COLLIER The foregoing instwent was acknowledged before me by means ofphysical presence or 0 online notarization, this HA day of MQOUSf ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. !` Zo/it:Li Known OR❑Produced IdentificationPersonally Type of Identification Produced Signature of Notary Public- State of Florida o,�Pa(Poe,c HELEN BUCHILLON * Commission*HH 105119 , .i i. *e Expires May 15,2025 Commissioned Name of Notary Public ATR OF f�F (?1. Bonded Thor Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: Yohenis Martinez, 1311 11`h St. SW,Naples,Florida,34117 on yeti 1>M ,2023. . _ 1•411j2.4.:%tsi1/4-.4_, Collier County !,: as K.Kin • 'F.t: 6� �� '_ Code Enforcement Official d,,hear ,r$ t tr, bdV.� a true and • t cs , i1 ��►►++ !. da Deputy --wt. . � , u Clerk I . 7fDate: , Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida � PedUonar, ma. Case No. CELU2O22OO11318 ! Ymhen|oMardnez Respondent, � STIPULATION/AGREEMENT Before mme, the undersigned, m4v . on behalf of Yohen{s yNarbnez, enters into this Stipulation erd with Collier County as to the resolution of Notices of Violation in reference to case number CELU20�2OO11318 dated the 27th day of February, 2023. This agreement is subject to the approval of the Code Enforcement Board. If it is not appnoved. the case may be heard on the scheduled Hearing dote, 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 o hearing is currently scheduled for the 31m day of July 2023� to promote efficiency in the administration of the � code enforcement process, and to obtain a quick and expeditious resolution of the nnottena outlined therein the parties hereto agree as follows: � 1) The violations noted in the referenced Notice of Violation are accurate and | stipulate to their existence, and that | have been properly notified pursuant to Florida Statute 162 / � | THEREFORE, itin agreed between the parties that the Respondent shall: / 1) Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by repairing and obtaining valid registration to o legal occupant of this property for all boats in violation — including affixing registration numbers to each hu||, or store the boats in e completely enclosed structure or upon a licensed and operable trailer registered � tn��|oga| occupant of this prope�y, or remove the boats to a site intended for such use within � ��� days of this hearing or a fine Of $50.00 per day will be imposed until the violation is abated. 3\ Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request � the Investigator perform a site inspection to confirm compliance. � (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal � holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4\ That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the viol Uon into compliance and may use the assistance of the Collier County Sheriff's Office tn enforce the this agreement and all costs of abatement shall bm assessed to the property owner. Respor-M.;w't or Representative (aign) �0n,v^1js., . 8upen/iaor, for Thomas }andimorinm' Director ! Code Enforcement Division RoVzxondentor Representative (pont) Date Date ' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20230002800 ALEJANDRA LYNCH, !NSTR 6460719 OR 6293 PG 3003 RECORDED 10/4/2023 1:08 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s). COLLIER COUNTY FLORIDA REC$27.00 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on July 31,2023, and the Board,having heard testimony under oath,received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s),ALEJANDRA LYNCH,is/are the owner(s)of the subject property(hereinafter"Property") and,having been notified of the date of hearing by certified mail and posting,did appear at the public hearing. 2. Prior to the hearing,Respondent(s)entered into a Stipulation,which is attached hereto as Exhibit"A". The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 3. The Property at 5330 Broward St.,Naples,FL,34113,Folio No.62260040000(Legal Description:NAPLES MANOR LAKES BLK 11 LOTS 8 AND 9)is in violation of Collier County Code of Laws and Ordinances, Chapter 22,Article V1,Section 22-236,as amended,in the following particulars: Damaged,detached garage that has been declared by the County Building Official to be a dangerous building. 4. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Code of Laws and Ordinances, Chapter 22,Article V1, Section 22-236, as amended,do/does exist, and that Respondent(s)committed,and was/were responsible for maintaining or allowing the violation(s)to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Code of Laws and Ordinances, Chapter 22, Article V1, Section 22-236,as amended. Page 1 of 2 B. Respondent(s) must abate all violations by obtaining all required Collier County Building Permit(s), Demolition Permit(s), Inspections,and Certificate of Completion/Occupancy for all repairs needed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code on or before August 30,2023,or a fine of$250.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.21 on or before August 30,2023. E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ' '/ ' day of 3C.1C..( ,2023 at Collier County,Florida. CODE ENF•RCEMENT BOARD C o IERCOUN Y,FLO DA if/W�Wi%r STATE OF FLORIDA -41011,11"Viiir Chair COUNTY OF COLLIER The foregoing instru-nent was acknowledged before me by means of J/physical presence or 0 online notarization, this ///4 day of 12LX �jr ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,-Florida. Nr Personally Known OR 0 Produced Identification ignature of Notary Public- State of Florida Type of Identification Produced o.�okY PUg HELEN BUCHILLON Commission#HH 105119 * . * Commissioned Name of Notary Public N� •, Expires May 15,2025 (Print/Type/Stamp) rTF�i.F``Vr. Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Alejandra Lynch, at 5330 Broward St.,Naples,FL, 34113 on 4090,4f , 2023. C arl! nr Coun► Code Enforcement Official %,• rt Collies Jr s ,- at tt above, th ..•t is a t end correc C�tln�_ :a r, ': Deputy Cleric O . } Page 2 of 2 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20230002800 Alejandra Lynch Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Alejandra Lynch, on behalf of Alejandra Lynch, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20230002800 dated the 13th day of April 2023. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 31st, 2023; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for all repairs needed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within 30 days of this hearing or a fine of$250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforc the provisions of this agreement and all costs of abatement shall be assessed to the property owner e ondent or Rep entative (sign) Bradley olmes, Supervisor for Thomas landimarino, Director Code Enforcement Division 0/24; ? Respo dent or Represent ive (print) Date . Date REV 4-27-23