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10/2023 Colter County Growth Management Department Code Enforcement Division DATE: October 5, 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. ' • orn Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239-252-2440•vmv.colliergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS INCTR 6464899 OR 6296 PG 3516 COLLIER COUNTY,FLORIDA, RECORDED 10/16/2023 8:27 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Petitioner, REC$18.50 vs. Lase No. CEFM20230002425 ROBERT P. YARDLEY and LOUISE L. YARDLEY Respondent(s). 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. Respondents,Robert P. and Louise L.Yardley,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 5340 Myrtle Ln., Naples, FL 34113, Folio No. 60780600003 (Legal Description: MYRTLE COVE ACRES BLK A COMM AT NW CNR W 100FT OF E 200FT OF LOT 14, S 170FT, E 100FT, N 170FT, W 100FT TO POB OR) is in violation of Collier County Code of Laws and Ordinances Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(r), 22-231(19), and 22-231(12)(c) in the following particulars: Damaged soffits,missing section of the down spout,and microbial growth on the exterior walls. 4. The violations 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 22-228(1),22-231(12)(r),22-231(19),and 22-231(12)(c)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 Ordinances Chapter 22,Article VI, Sections 22-228(1),22-231(12)(r),22-231(19), and 22-231(12)(c) . Page 1 of 2 B. Respondents must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition permit(s),completing the repairs/corrections of the violations,and request all inspections through Certificate of Completion/Occupancy for all repairs/corrections on or before August 30,2023,or a fine of $50.00 per day will be imposed for each day the violations remain thereafter. C. 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 Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondents. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before August 30,2023. E. 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 thisI5t day of "S(.1(..( ,2023,at Collier County,Florida. CODE ENFORCEMENT BOARD CO ' O III ' Y,FLO' DA STATE OF FLORIDA •berI'r lair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means ofWphysical Presence or 0 online notarization, this // i day of ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County, lorida. Personaly 1 Known OR 0 Produced Identification aeL—?-)L� �� Type of Identification Produced Signature of Notary Public-State of Florida S.y.SUB, HELEN BUCHILLON * ° Commission#HH 105119 Commissioned Name of Notary Public * - A 1 * N� ,:T:40,,Q Expires May 15,2025 (Print/Type/Stamp) TF`t Fs_oe 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: Robert P. and Louise L.Yardley,5340 Myrtle Ln.,Naples,FL 34113,on itsisd,Vsis t/'% ,2023. { Co e Enforcement Official it...,?::::31.4.L11.) i r :_:,'K Ki _e' CI '. ' � in,2�r'x Collier Camty r, t-1 tn.P•;fit ,dtn�im'F is a true and correct 4t r a� '• . f lifer to,.1 orida �,^ I/' 1 . Deputy Clerk Dace: if ��1-�'�._, Page 2 of 2 C o L County Growth Management Department Code Enforcement Division DATE: October 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,Rorida 34104.239-252-2440•wiwv.coiliergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20230002893 ISRAEL ACEVEDO AND NEREIDA ROSA, !NSTR 6467005 OR 6298 PG 1667 Respondent(s). RECORDED 10/20/2023 9:27 AM PAGES 4 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 September 28, 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), Israel Acevedo and Nereida Rosa, 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 Nereida Rosa. 3. Prior to the hearing, Respondent(s) entered a Stipulation, which is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 2410 8`h St. NE,Naples,FL 34120,Folio No. 37801240003 (Legal Description: GOLDEN GATE EST UNIT 24 S 180FT OF TR 15)is in violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(e), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i) in the following particulars: An addition added to the rear of the home prior to obtaining a Collier County Building permit. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s) of Collier County Land Development Code 04- 41, as amended, Sections 10.02.06(B)(1)(e), 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 04-41, as amended, Sections 10.02.06(B)(1)(e), 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) or Demolition permit,inspections,and Certificate of Completion/Occupancy to keep or remove the unpermitted alterations made to enclose the lanai at the rear of the house on or before January 26, 2024, or a fine of $200.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)faiUs 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 October 28,2023. 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 v G day of 5l _ keLe ,2023 at Collier County,Florida. C• ! I • • MENT BOARD OLLIER CO Y,FL9DA • t%��1ii STATE OF FLORIDA ' .1 ert Kau a,,� air COUNTY OF COLLIER The foregoing instrume t was acknowledged before me by means of . . ysical presence or 0 online notarization, this /2ii day of D sQ ,2023,by Robert Kaufman, ' air of the Collier County Code Enforcement Board Collier County,Florida. aPersonally Known OR 0 Produced Identification 1.4A,g 1 /41,4%. Type of Identification Produced Signature of Notary Public- State of Florida oktaY PUB( HELEN BUCHILLON Commission#HH 105119 �, ' oQ Expires May 15,2025 (Print/Type/Stamp) eoF 0.0.- Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct c�oIpy of this ORDER has been sent by U.S. Mail to: Israel Acevedo and Nereida Rosa,2410 8TH St NE,Naples,FL 34120,on 1 t.t._, U ,2023. K.iQnzel,Cie..of Cows in a^.c' Code Enforcement Official t 4•}` ;t:: 6c ....t:!^:ment ie'tn:e and correct ti on iral Life in Collier G^ ,Florida Deputy Clerk • Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20230002893 Israel Acevedo and Nereida Rosa Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Nereida Rosa, on behalf of Israel Acevedo and herself, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20230002893 dated the 25th day of April, 2023. This agreement is subject to the approval of the Code Enforcement Board, 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 28,2023; 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(s) 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 to keep or remove the unpermitted alterations made to enclose the lanai at the rear of the house within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent(s) must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent(s) 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 rovisions of this agreement and all costs of abatement shall be assessed to the property o ner. 6tt ,l Resp ndent or Representative (sign) Cristina Perez, Supervisor for Thomas landimarino, Director Code Enforcement Division Ner ei6 6-S-a q -?g- 2023 Respondent or Representative (print) Date /2, 5 Date REV 11/06/2018 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220007688 ERICK INNIS AND ALYSSA INNIS, INSTR 6467006 OR 6298 PG 1671 RECORDED 10/20/2023 9:27 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 September 28, 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),Erick Innis and Alyssa Innis,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 appear at the public hearing. 3. Prior to the hearing,Respondent(s)entered into a Stipulation,which is attached hereto as Exhibit"A."The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 1470 9th St. SW,Naples,FL 34117,Folio No.45853060003 (Legal Description: GOLDEN GATE EST UNIT 193 TR 129 LESS W 297FT)is in violation of Collier County Land Development Code, Ord.No. 04-41,as amended,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i),in the following particulars: Unpermitted conversion of a horse barn to dog kennels. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), do/does exist, and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s)to continue as of the date of this hearing. ORDER 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), 10.02.06(B)(1)(e),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 unpermitted alterations of the horse barn on or before December 27, 2023,or a fine of$200.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.21 on or before October 28,2023. 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�N/ to confirm compliance. DONE AND ORDERED this o4S 7 day of Sfekti:)EL. ,2023 at Collier County,Florida. C S 0 - : ' - MENT BOARD COLLIER CO Y,F RIDA STATE OF FLORIDA '"'::ert au •'n,Chair COUNTY OF COLLIER The foregoing instru a as acknowledged before me by means o physical presence or 0 online notarization, this )2M day of C/�4"e..U`— ,2023,by Robert Kaufm.n,Chair of the Collier County Code Enforcement Board Collier County,Florida. 1VPersonally Known OR❑Produced Identification '4.114...... .1_.. c,--z1.1,1— Type of Identification Produced Signature of Notary Public- State of Florida o0 0 PO , HELEN BUCHILLON * t, o* Commission#HH 105119 N "Ili°,o� Expires May 15,2025 Commissioned Name of Notary Public 1'4-OF f % Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE Page 2 of 3 I HEREBY CERTIFY that a true and cor�rect.co/py of this ORDER has been sent by U.S.Mail to: Erick Innis and Alyssa Innis, (.:6 1470 9TH St. SW,Naples,FL 34117 on f—rsjb /2 ,2023. Code Enforcement Official I,Crystal K.Kinzel,Cler.of Courts.fn z^ f::r ron;P.Ceiin) d^ irr turnentisattrueandcorrect copy of the oygin Ifiled•4Collier Co Floriia gy f 1 Deputy Clerk Dater—I¶—2-3' Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20220007688 ERICK AND ALYSSA INNIS Respondents, STIPULATION/AGREEMENT tc, � -e SSA r, .. Before me, the undersigned, �-�( � � , on behalf of Erick and Alyssa Innis, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference to case number CESD20220007688 dated the 14th day of September, 2022. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 28, 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 Certificates of Completion/Occupancy for the unpermitted alterations of the horse barn within 90 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. • Respondent or Representative (sign) - .nLEy T. /mac-NEs , Supervisor for Thomas landimarino, Director Code Enforcement Division S0023 Respondent or Representative (print) Date Date REV 3-29-16 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEVR2020001309.5 STEPHEN K MARTIN and RACHEL R MARTIN, ANNE MARIE REINECKE and CURT SALVATORE INSTR 6467007 OR 6298 PG 1675 REINECKE,ROBERT HOLM and BONNIE HOLM, RECORDED 10/20/2023 9:27 AM PAGES 3 and ERIK HASS and CANDACE HASS, CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Respondent(s). REC$27.00 INDX$6.00 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on September 28, 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 July 22, 2021, Veriditas, LLC, a predecessor in title to the current Respondent(s), Stephen K. Martin and Rachel R. Martin,Anne Marie Reinecke and Curt Salvatore Reinecke,Robert Holm and Bonnie Holm,and Erick Hass and Candace Hass,was/were found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), on the subject property then located at 4710 7`h Ave. SW, Naples, FL 34119, with then Folio No. 36610040000 (with then Legal Description: FAERBER ESTATES LOT 1), hereinafter referred to as the "Property"), in the following particulars: Removal of native vegetation from an unimproved property without an issued building permit(s)or an approved vegetation removal permit. 2. On the same date as above, the Board issued an Order ordering prior predecessor in title and then Respondent(s),Veriditas,LLC,to abate the violation(s)on or before January 18,2022,or a fine of$200.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR 5996 PG 2969). 3. On January 27, 2022, a new, and presently the direct, predecessor in title to the current Respondent(s), KSWFL Homesites,LLC,filed a Motion for Extended Time without anyone appearing on behalf of the then Respondent(s), KSWFL Homesites, LLC. and the Board ordered this case continued until its February 24, 2022 hearing date. 4. On February 24,2022,the then Respondent(s),KSWFL Homesites,LLC,requested and was/were given an extension for a Compliance deadline and ordered that daily fines shall not accrue during the time from February 24,2022 through March 26,2022. 5. At this September 28, 2023 Motion for Imposition of Fines/Liens hearing, the present and current Respondent(s),Stephen K.Martin and Rachel R.Martin,Anne Marie Reinecke and Curt Salvatore Reinecke, Robert Holm and Bonnie Holm, and Erick Hass and Candace Hass, having been notified of this date of hearing by certified mail, posting and/or personal service, had Stuart Kaye of KSWFL Homesites, LLC, appear and speak on their behalf. Page 1 of 3 6. The Board also received additional testimony from an Environmental Consultant Katherina Shoemaker,and a newest Respondent, Stephen K.Martin. 7. Prior operational costs of$59.28 incurred by the Petitioner in the prosecution of this case have been paid. 8. Operational costs in the amount of$59.70 have been incurred by the Petitioner for this hearing. 9. The violation(s)was/were abated on June 30,2023. 10. Fines have accrued at a rate of$200.00 per day for the period from January 19,2022,to February 24,2022 (37 days)and from March 27,2022,to June 30,2023 (461 days),for a total fine amount of$99,600.00. 11. The total fine amount including outstanding operational costs is$99,659.70. 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 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$5,200.00 to be paid along with operational costs of $59.70 for a total amount of $5,259.70 to be paid on or before November 27, 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. J DONE AND ORDERED this day of 31 �,1'(,Ia ,2023 at Collier County,Florida. C P ENFOR MENT BOARD ' OLLI dio.TY :4 II A STATE OF FLORIDA :e 'Ka ajr hair COUNTY OF COLLIER , The fore oing instrume t was acknowledged before me by means of FA .• 'sical Presence or 0 online notarization, this f 2.Mday of ,2023,by Robert Kaufman, " air of the Collier County Code Enforcement Board Collier County,Florida. Page 2 of 3 'Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public-State of Florida =o��Rv Poe(,c HELEN BUCHILLON Commission#HH 105119 Commissioned Name of Notary Public * }91, a�o Expires May 15,2025 (Print/Type/Stamp) oF 0,0 Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing 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: Stephen K. Martin and Rachel R Martin, 1575 23rd St. SW, Naples, FL 34117, Anne Marie Reinecke and Curt Salvatore Reinecke, 21 Maples Place, Selden, NY 11784, Robert Holm and Bonnie Holm, P.O. Box 1247, Marco Island, FL 34146, Erik Hass and Candace Hass, 1700 Bald Eagle Dr., Unit #B, Naples, FL 34105, on (#.2_,/.t Z i v'L ,2023. Code Enforcement Official I,Crystal K.Kinxel,Ctt.-.ofCourts in a^a" rrAlierCounty "r orient isa true and correct copy of tir , .unly,Florida By. / Deputy Clerk Page 3 of 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEVR20220003493 SUSO 4 MISSION HILLS LP AND SLATE ASSET MANAGEMENT LP, INSTR 6467008 OR 6298 PG 1678 RECORDED 10/20/2023 9:27 AM 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 September 28, 2023, upon 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, hereby issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On November 18,2022,Respondent(s),Suso 4 Mission Hills LP and Slate Management LP,was/were found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Section 4.06.05 (k)(2) and Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1), on the subject property located at 7550 Mission Hills Dr., Naples, FL 34119, Folio No. 60204200044, (Legal Description:MISSION HILLS SHOPPING CENTER TRACT 1 LESS REFERENCED NEW TR 10 DESC IN OR 3970 PG 366),hereinafter referred to as the"Property",in the following particulars: Failure of required landscaping. Unmaintained irrigation system within required landscaping areas 2. The Board's written Order of November 18, 2022, ordered Respondent(s) to abate the violation(s) on or before May 17,2023,or a fine of$100.00 per day would be assessed for each day the violation(s)remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR 6199 PG 1726.) 3. On June 22,2023,the Board found the violation(s)were not timely abated and ordered that the daily fines of $100.00 per day were accruing beginning on May 18, 2023, and would continue to accrue until the violation(s)have been abated and confirmed to be abated by a Collier County Code Enforcement Investigator. 4. On June 22, 2023, the Board also granted Respondent(s)'s request to continue the Petitioner's Motion for Imposition of Fines/Liens hearing until on or after August 21,2023. 5. Respondent(s), having been notified of the date of today's hearing on Petitioner's Motion for Imposition of Fines/Liens by certified mail, posting and/or personal service, had Sue Theodore, CSM, Senior Property Manager of JLL Property Management,its authorized agent,appear at the public hearing and speak on behalf of Respondent(s). 6. Previously assessed operational costs have been paid. 7. The Petitioner incurred$59.63 in operational costs for today's hearing. 8. The violation(s)has/have been fully abated as of July 27,2023. CONCLUSIONS OF LAW Page 1 of 3 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 a preponderance of the evidence that accrued fines and costs shall be imposed against Respondent(s), subject to a reduction of the fine amount. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$150.00,along with operational costs to be paid of$59.63, for a total amount of$209.63, to be paid on or before October 28,2023. 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 Alt day of 3r L ,2023 at Collier County,Florida. COD - ' - ' MENT BOARD 'I LLIER CO ►TY,FL• I A 1 I IL% :reert Kau •r>1TChair STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrum ��t//w���as,� acknowledged before me b means of physical presence or ❑ online notarization, this 1 day of ���A ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. PersonallyKnown OR❑ Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida or(pu,s,� HELEN BUCHILLON a , Commission#HH 105119 Commissioned Name of Notary Public Noe Expires May 15,2025 (Print/Type/Stamp) 4-OF Ft.0 Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing.It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE Page 2 of 3 I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to: Suso 4 Mission Hills LP and Slate Asset Management LP, 121 King St.W.,STE.200,Toronto,Ontario Canada,M5H 3T9,on this day of a x.L LZ ,2023. Code Enforcement Official I,Crystal K.Kinzel,Clu J Carts t Whiny d.."-fr.,,tvnrli{•+h'µ!1hh±',.,insfr moot is a true and correct copy of the^ i I file n Coll' rr Cypnty,Ffgrida gy Deputy Clerk Date: Page 3 of 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Cace Nn CF,I.JT20210009717 AZTECA SUPER MARKET 2000 INC., !NSTR 6467009 OR 6298 PG 1681 RECORDED 10/20/2023 9:27 AM 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 September 28, 2023,upon a Motion for Imposition of Fines/Liens by Petitioner, and the Board having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereby issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On February 23, 2023,Respondent(s)AZTECA SUPER MARKET 2000 INC., was found to have violated Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and Collier County Land Development Code, Ord. No. 04-41, as amended, Section 1.04.01(A) on the subject property located at 208 W. Main St., Immokalee, FL 34142, Folio No. 81681120001 (Legal Description: FRED WHIDDENS BLK 3 S1/2 LOT 5 + ALL OF LOTS 6-9 AND 18 AND 21-24 LESS S 20FT LOTS 21-24 FOR RW),in the following particulars: Running a Bar/Nightclub without obtaining the required Collier County approvals to operate the bar/nightclub. Running a bar/nightclub without obtaining and displaying the required local business tax receipt. 2. On the same date as above, the Board issued an Order ordering Respondent(s)to abate the two violation(s) on or before June 23, 2023, or a fine of$250.00 for the first violation and$250.00 for the second violation per day would be assessed for each day the violation(s)remained thereafter.(A copy of the Order is recorded at OR BK 6225,PG 1820). 3. On July 31, 2023, the Board found that the violation(s) were not abated and that a fine of$250.00 per day was accruing for each of the two violations beginning on June 24, 2023. The Board also granted Respondent(s) request to continue the hearing on Petitioner's Motion for Imposition of Fines/Liens to continue work on abating the violation(s). 4. Respondent(s), having been notified of the date of hearing on said motion by certified mail,posting and/or personal service,had its authorized representative,Lidia Luna Zendejas,appear at today's public hearing on Petitioner's Motion for Imposition of Fines/Liens. 5. Prior operational costs incurred by the Petitioner in the prosecution of this case have been paid. 6. Current operational costs of$59.70 have been incurred by the Petitioner in the prosecution of this case. 7. The violation(s)was/were abated as of August 3,2023. CONCLUSIONS OF LAW Page 1 of 3 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 A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$250.00 to be paid along with operational costs of$59.70, for a total amount of$309.70, to be paid on or before October 28, 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. 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: DONE AND ORDERED this day of trIC ' ,2023 at Collier County,Florida. COD ENT BOARD LIER C ,l; O B : Ka a Chair STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrum t was acknowledged before me by means of N'physical presence or 0 online notarization, this gday of ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public State of Florida ow(P%<. HELEN BUCHILLON ? ''• '' Commissioned Name of NotaryPublic !ir Commission#HH 105119 `oe Expires May 15,2025 (Print/Type/Stamp) 9TFOF f O 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 the Board's Order. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Ma to: ZTECA SUPER MARKET 2000 INC., 208 W. Main St, Immokalee, FL, 34142 on this /2#Z day of �Li� � 2023. /5,47t, Code Enforcement fficial I,Crystal K.Ole],Cle.':u#CGurts in ara.!'r rnm*.Col iny d., ,e14 t611,µp s rrstn invent is.a true and correct copy of the ioa a Collier ty.Flo da By ' Deputy Clerk Dare: O'`!q_d3;.:. > S Page 3 of 3