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CESM Agenda 12/01/2023Co ler County Growth Management Department Code Enforcement Division Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 December 01, 2023 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER -SPECIAL MAGISTRATE PATRICK H. NEALE PRESIDING II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. MOTIONS A. MOTION FOR CONTINUANCE OF IMPOSITION OF FINES HEARING 1 • CASE NO: CESD20210008280 OWNER: REALAND INVESTMENTS INC OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted demolition. FOLIO NO: 60080280000 PROPERTY 343 Airport Road N, Naples, FL 34104 ADDRESS: 2. CASE NO: CESD20210007669 OWNER: REALAND INVESTMENTS INC OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted renovations and alterations. FOLIO NO: 60080240008 PROPERTY 341 Airport Road N, Naples, FL 34104 ADDRESS: B. MOTION FOR EXTENSION OF COMPLIANCE DEADLINE • CASE NO: CESD20230003555 OWNER: Kenneth R Jordan and Mary Lee Jordan OFFICER: Delicia Pulse VIOLATIONS: 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). Unpermitted shed in the rear yard. FOLIO NO: 49480960006 PROPERTY 4002 Dale Ave, Naples, FL 34112 ADDRESS: C. MOTION FOR RE -HEARING VI. STIPULATIONS VII. PUBLIC HEARINGS A. HEARINGS • CASE NO: CEEX20230009311-CO-03267 OWNER: Jorge Manuel Diaz OFFICER: Justin Baxter VIOLATIONS: Collier County Code od Laws and Ordinances, Chapter 54, Article IV, Section 54-94. Use of bullhorn in violation of County Ordinance. FOLIO NO: PROPERTY Santa Barbara Blvd and Golden Gate Pkwy, Naples, FL 34116 ADDRESS: 2• CASE NO: CEA20230004943 OWNER: Abdallah Masoud Mustafa OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07. An improved Estates zoned property with hooved animals on site exceeding the amount allowable set forth by the Collier County Land Development Code. FOLIO NO: 45846280007 PROPERTY 1270 13' St SW, Naples, FL 34117 ADDRESS: 3• CASE NO: CEPM20230007308 OWNER: Bienvenido Miranda OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and 22-236. Fire damaged dwelling that has been declared a dangerous structure by the building official. FOLIO NO: 36372120006 PROPERTY 5350 21't PI SW, Naples, FL 34116 ADDRESS: 4• CASE NO: CESD20230004157 OWNER: Denise Brudzinski OFFICER: Donald Joseph VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Dock was added to property in 1995 without a building permit. FOLIO NO: 49530640001 PROPERTY 10 Creek Circle, Naples, FL 34114 ADDRESS: 5. CASE NO: CEPM20230004854 OWNER: Mariano Misael Lemus Pena OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), 6.05.03(D)(1)(b)(iv) and 6.05.01(C). An improved Estates zoned property with gutters directed onto the 6. 7 8 9 neighboring property causing discharge of stormwater across the property line causing flooding. FOLIO NO: 45902080002 PROPERTY 1452 23rd St SW, Naples, FL 34117 ADDRESS: CASE NO: CEPM20230006244 OWNER: Eugene M Lamento OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-236. Fire damaged property that was declared by the Building Official to be a dangerous building. FOLIO NO: 70470760007 PROPERTY 104 Fleur De Lis Ln, Naples, FL 34112 ADDRESS: CASE NO: CEVR20220007489 OWNER: TITUS ENTERPRISES LLC OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Clearing of vegetation prior to obtaining a Vegetation Removal Permit. FOLIO NO: 335800001 PROPERTY 2185 Markley Ave, Naples, FL 34117 ADDRESS: CASE NO: CENA20230007098 OWNER: Michael K Sanford OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Illegal outside storage and litter on this property. FOLIO NO: 61330080001 PROPERTY 2045 Danford St, Naples, FL 34112 ADDRESS: CASE NO: CEEX20230010044-DASV23-018313 OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). At large on public/private property, 8' Offense, "Yoyi". FOLIO NO: PROPERTY 5910 Sea Grass Ln, Naples, FL 34116 ADDRESS: 10. CASE NO: CEEX20230010041-DASV23-018219 11 12. 13. 14. OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-35(1)(B). At large public/private property 7t' Offense "Yoyi". FOLIO NO: PROPERTY 5930 Sea Grass Ln, Naples, FL 34116 ADDRESS: CASE NO: CEEX20230010038-DASV23-018293 OWNER: Laura Baker OFFICER: Manuel Ramirez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-35(1)(B). At large on public/private property, 6" offense "Simba". FOLIO NO: PROPERTY 14960 Collier Blvd, Naples, FL 34119 ADDRESS: CASE NO: CEEX20230010039-DASV23-017858 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-33(1). Failure to provide current County license for "Ace", fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: CASE NO: CEEX20230010089-DASV23-017859 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-33(2). Failure to provide current rabies vaccination certificate for "Ace" fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: CASE NO: CEEX20230010090-DASV23-017860 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-33(1). Failure to provide current County license for "Dutchess" fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: 15. CASE NO: CEEX20230010093-DASV23-017861 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-33(2). Failure to provide current rabies vaccination certificate for "Dutchess" Fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: B. EMERGENCY CASES VIII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS CASE NO: CEAU20210004410 OWNER: Camilo Leon and Teresa Leon OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), and Florida Building Code 7t' Edition (2020), Chapter 1, Section 105.1. Expired fence permit PRBD20200310510 and rejected Building Permit PRBD20210520341. FOLIO NO: 38966560009 PROPERTY 2740 50t' Ave NW, Naples, FL 34113 ADDRESS: CASE NO: CENA20230001555 OWNER: Malcolm Smith OFFICER: Donald Joseph VIOLATIONS: 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. Prohibited outside storage and accumulation of litter including but not limited to car batteries, engine parts, compressors, BBQ grills, appliances, tool chests, metal drums, exercise equipment and general wood/paper/plastic litter. This is a repeat violation. FOLIO NO: 1134803509 PROPERTY 215 Old Train Ln, Copeland, FL 34137 ADDRESS: CASE NO: CEV20230002682 OWNER: Malcolm Smith OFFICER: Donald Joseph VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and inoperable vehicles are being stored on the property. Code case CENA20180006121 was adjudicated by the Special Magistrate 9 5. 6. on August 3, 2018. FOLIO NO: 1134803509 PROPERTY 215 Old Train Ln, Naples, FL 34137 ADDRESS: CASE NO: CENA20230005126 OWNER: Ilona Dasbach Est OFFICER: Jason Packard VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Recurring violation of weeds and grass in excess of 18 inches throughout the property. FOLIO NO: 55101000006 PROPERTY 224 Pine Valley Cir, Naples, FL 34113 ADDRESS: CASE NO: CEPM20220005683 OWNER: Donna Juliette Anne Hall OFFICER: Doug Williams VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b) and 22- 231(12)(c). Vacant structure that is not being properly maintained. The structure has a damaged roof and exterior wall damage which constitute a violation of the aforementioned ordinances. FOLIO NO: 22625000007 PROPERTY 4608 Dominion Drive, Naples, FL 34112 ADDRESS: CASE NO: CESD20230003906 OWNER: DOCKSIDE OF NAPLES CONDO ASSOC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted concrete block deck built on association property. FOLIO NO: 725720005 PROPERTY 1008 Dockside Ct, Naples, FL 34114 ADDRESS: CASE NO: CENA20230000258 OWNER: Lucy B Soto OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181, 54-185(b) and 54-179. Outside storage and/or litter consisting of but not limited to wood, plastics, metals, mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the residences. FOLIO NO: 41048960006 PROPERTY 4070 14' Ave SE, Naples, FL 34117 ADDRESS: 10. 11 CASE NO: CEV20230004818 OWNER: Luis Fernando Salazar Barralaga and Esly Magali Moran OFFICER: Larry Sweet VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. There are multiple vehicles at the residence. This is a recurring violation. FOLIO NO: 40351360006 PROPERTY 3115 24' Ave NE, Naples, FL 34120 ADDRESS: CASE NO: CEROW20210000627 OWNER: Kanokwan C Thamnasen OFFICER: Joseph Marino VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a), and 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). Culvert pipe and dirt added in the right of way without obtaining required Collier County permits. FOLIO NO: 41442960000 PROPERTY 4344 32°d Ave SE, Naples, FL 34117 ADDRESS: CASE NO: CEVR20210000625 OWNER: Kanokwan C Thamnasen OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Removal of native vegetation and/or prohibited exotics from unimproved Estate owned property using heavy machinery without first obtaining approval from the Florida Department of Environmental Protection and obtaining required Collier County permits. FOLIO NO: 41442960000 PROPERTY 4344 32' Avenue SE, Naples, FL 34117 ADDRESS: CASE NO: CELU20220000539 OWNER: Massimo Maffei OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Illegal storage of commercial materials and equipment not associated with an approved use on an Estates zoned property. FOLIO NO: 38336640009 PROPERTY 5960 Green Blvd, Naples, FL 34116 ADDRESS: 12. CASE NO: CEPM20220005884 13. 14. 15. 16. OWNER: AKSHAR OF SW FLORIDA INVESTMENT LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(1)(n)(3). An advertising structure (plaza sign) in disrepair. FOLIO NO: 35832800003 PROPERTY 12555 Collier Blvd, Naples, FL 34116 ADDRESS: CASE NO: CEPM20220004164 OWNER: West Shore Point Naples, LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(f). A damaged staircase in need of repair. FOLIO NO: 389880006 PROPERTY 2125 Scrub Oak Circle, Naples, FL 34112 ADDRESS: CASE NO: CENA20230003919 OWNER: S & O LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-180 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter/Prohibited outside storage including, but not limited to, cardboard, blanket, cans, and bags. FOLIO NO: 35832160002 PROPERTY 1790 40t' Terr SW, Naples, FL 34116 ADDRESS: CASE NO: CEPM20220008389 OWNER: 1725 W Vogel LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(1), 22-231(5), 22-231(12)(p) and 22-231(13). A violation of the minimum occupancy standard in that the unit is only 81 sq ft according to the sketches provided on Collier Appraiser's website and not the recommended minimum of 250 sq ft. the unit contains a stove without burners and has damaged interior walls and ceiling. FOLIO NO: 61483000006 PROPERTY 2996 Francis Ave, Unit #11, Naples, FL 34112 ADDRESS: CASE NO: CESD20200000453 OWNER: Carlos Gonzalez and Barbara Reyes OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted addition/improvements. FOLIO NO: 40982200001 PROPERTY 2660 8' Ave SE, Naples, FL 34117 ADDRESS: 17• CASE NO: CESD20210006137 OWNER: Alicia Baltazar OFFICER: Doug Williams VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A shed built without a Collier County permit between 1995 and 1999 and a carport attached to the shed built between 2019 and 2020 without first obtaining a valid Collier County permit. FOLIO NO: 62203240003 PROPERTY 5549 Sholtz Street, Naples, FL 34113 ADDRESS: 18. CASE NO: CESD20210008280 OWNER: Realand Investments Inc OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted demolition. FOLIO NO: 60080280000 PROPERTY 343 Airport Road N, Naples, FL 34104 ADDRESS: 19• CASE NO: CESD20210007669 OWNER: Realand Investments Inc OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted renovations and alterations. FOLIO NO: 60080240008 PROPERTY 341 Airport Road N, Naples, FL 34104 ADDRESS: 20• CASE NO: CESD20220004635 OWNER: Hubert M Parra Guerrero and Judith Susvila Santana OFFICER: Doug Williams VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Screen enclosures and exterior lighting installed without building permits. FOLIO NO: 62207200007 PROPERTY 5477 Carlton Street, Naples, FL 34113 ADDRESS: IX. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER X. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. C. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE DAS CITATION LIENS ON CASES REFERENCED IN SUBMITTEDEXECUTIVE SUMMARY. XI. REPORTS XII. NEXT MEETING DATE- FRIDAY JANUARY 5, 2024 AT 9:00 A.M. XIII.ADJOURN XIV.MOTION FOR EXTENSION OF TIME XV. MOTION FOR CONTINUANCE Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27263) DOC ID: 27263 CESD20210008280 REALAND INVESTMENTS INC CASE NO: CESD20210008280 OWNER: REALAND INVESTMENTS INC OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted demolition. FOLIO NO: 60080280000 PROPERTY 343 Airport Road N, Naples, FL 34104 ADDRESS: 5.A.1 Updated: 11/15/2023 10:43 AM by Helen Buchillon Page 1 Packet Pg. 12 5.A.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20210008280 COLLIER COUNTY, FLORIDA, Plaintiff, vs. REALAND INVESTMENTS INC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR A CONTINUANCE PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 343 Airport RD N, Naples, FL 34104 SERVED: REALAND INVESTMENTS INC, Respondent Thomas Pitura, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8.30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations 10 participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traduclor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angl2. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you inteprel you pale you-ou. Packet Pg. 13 INSTR 6248676 OR 6123 PG 3001 RECORDED 5/9/2022 9:15 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 5.A.1.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF CO N V COMMISSIONERS COLLIER CO NT3�, FLORIDA Petitioner, f^` VS. Case No. -- CESD20210008280 REALAND INVESTMENTS INC Respondent ORDER OF'TWE SYPECIAL MAGISTRATE THIS CAUSE came on for public hbein }fore the Special Magistrate on March 4, 2022, and the Special Magistrate, having heard argument reectiv0, to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order:o�'Special Magistrate, as follows: •j FINDINGS OF FACT and C6NELU IONS OF LAW r' 1. Respondent, REALAND INVESTMENTS INC.; 0,tlfe ovmer of the subject real property located at 343 Airport Road N, Naples, Florida 34104,1;4 o. 60080280000. 2. Respondent was duly notified of the date of hearing by certified mail and posting, and was represented at the hearing by Jason Hayes, the president of thvco11yration. ___�. 3. Respondent's property is in violation of the Collier County Land 1�vo[ pment Code, 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(. 1) -and Section 10.02.06(B)(1)(e)(i), as follows: Unpermitted demolition. f- 4. The violation was not 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: Packet Pg. 14 OR 6123 PG 3002 5.A.1.a A. Respondent is found guilty of violation of the Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(exi). B. Responcle rt Vo ered to pay operational costs in the amount of $111.70 incurred in the prosecution is case on or before April 4, 2022. C. Respondent is also dered to abate the violations by obtaining all required Collier County building permil ora cniolition permit, all inspections and a Certificate of Completion or Occupancy for thc�de ofition on or before June 4, 2022 or a fine of S200.00 per day will be imposed until the violation has been abated. D. Respondent must notify Code Enforcement Investigator when the violation has been abated in order for the Investi ' r to. conduct a final site inspection to confirm compliance. F. If the Respondent fails to abase oieliQlation as ordered, the County may abate the violation using any method to bring the viola, into compliance and may use the assistance of the Collier County Sheriff's Office to enforcg,thhfi Kroyisions of this Order, and all costs of abatement shall be assessed to the property owner aid n f"ay become a lien on the property. DONE AND ORDERED on this �� day of iViarch 2022 at Naples, Collier County, Florida. `r T.' = COLLl &CQiWTY CODE ENFORCEMENT /r, SPECIAL!�4(�G STRATE I, Crystal K Knzel,Clesu al Gc" ° an .:oilier C�Unty do Nearby Irtdy.:'i hg e''..,' is a true e 1 corned oopy'of'he a gma i Ct By Deputy Clerk DA C. GARRETS N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may`bli paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL ,34104, phone # (239) 252-2440 or www.colliergov.net. 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 an Appeal will not automatically stay the Special Magistrate's Order. Packet Pg. 15 *** OR 6123 PG 3004 *** 5.A.1.a 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 15th day of March 2022 to Respondent: Rcaland Investments Inc., 34 1,,�kiir`port Pulling Rd. N., Naples, FL 34104-351 r Code Enforcement Of gal J, Packet Pg. 16 OR 6123 PG 3003 5.A.1.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. REALAND INV INC I C3 Case No. CESD20210008280 Respondent, ;r STIPULATIONIAGREEMENT Before me, the undersigned_ya;s0r] i LY15s on behalf of REALAND INV INC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20210002880 dated the 21111 day of August 2021. This agreement is subject to the'.apprq{al 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 respIxAmri,of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March A;` 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violation of, unpermitted demolition, as r)oti d in the referenced Notice of Violation are accurate and stipulate to their existence, and that I have been proper notified pursuant to Florida Statute 162. ,�f THEREFORE, it is agreed between the parties that theRbsspondent shall; 1) Pay operational costs in the amount of $1 11.70 incurred in the prosecution of this case within 30 days of this hearing. / r 2) Abate all violations by: Obtain all required Collier Coullity'building permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy for the demolition within 90 days of this hearing or a fine of $200.00 per day will be imposed until tie vidlation 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 iegai holiday.) 4) That if the Respondent fails to abate the violation the County may abateAhe 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. y e and nt or Re native {sign) �• fy� S4evSupervisor for Michael Ossorio, Director Code Enforcement Division Respondent or R resentative (print) Date -3 2Z Date REV 3-29-16 Packet Pg. 17 5.A.1.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. REALAND INV INC, Defendant AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE. NO. CESD20210008280 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on March 4, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant was to obtain all required Collier County building permit(s), or demolition permit, inspections and certificate of completion/occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6123 PG 3001. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on June 7, 2022, That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Pemiit PRCS20220208888 under review. Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or _ online notarization, this 7th day of June 2022 by Pyan Cathey ELENA M. GON? .' EZ k�.� Commission v 4 (Signature of Notary Public) �j�-r N� tc Expires Ma,c^ 1 'fOFF1.0 BmdednnuBc�etNotary Srn-es (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � Packet Pg. 18 5.A.1.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. REALAND INVESTMENTS INC Respondent. Case No. CESD20210008280 01WER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Continuance on October 6, 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, REALAND INVESTMENTS INC is the owner of the prop", located at 343 Airport Road N. Naples, FL 34104. Folio 60080280000, 2. On March 4, 2022 owner was found guilty of Collier County Land Development Code 0441, as amended. Sections 10.02.06(Bx I xa), 10.02.06(B)(I Xe) and 10.02.06(Bx 1)(e)(i), to wit unpermitted demolition. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4. 2022 (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 6123 PAGE 3001. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of $111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Jason Hayes, owner and John Antonas of Omega Contracting were present at the public hearing. Respondent presented testimony that he filed for change of contractor, the permit expired during the process of the job and has a new one in process. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been tiled. Packet Pg. 19 5.A.1.a 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 Continuance is GRANTED and Respondent is granted a Continuance for fifty-six (56) calendar days until the December I. 2023 Special Magistrate hearing for further consideration of this matter. s Fines continue to accrue. C. 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 6th day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL_hJAGISTRATE PdWA. Aea le, Esq. ExecutedSpecial Magistrate Patrick 11. Neale on .2023. Filed with the Secretary to the Special Magistrate on / / 2023 by PAYMENT OF FINES: Any tines 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 # (234) 252- 2440 or+�+++.tcilliercy+din-ty Il��+. 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 ofthe 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 y ofj�",4,,� 2023 to Respondent, REALAND INVESTMENTS INC. 341 Airport fulling Rd. N., aples. FL 34"4. Code Enforcemrnt Offi6i Packet Pg. 20 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27266) DOC ID: 27266 CESD20210007669 REALAND INVESTMENTS INC CASE NO: CESD20210007669 OWNER: REALAND INVESTMENTS INC OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted renovations and alterations. FOLIO NO: 60080240008 PROPERTY 341 Airport Road N, Naples, FL 34104 ADDRESS: 5.A.2 Updated: 11/15/2023 10:50 AM by Helen Buchillon Page 1 Packet Pg. 21 5.A.2.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20210007669 COLLIER COUNTY, FLORIDA, Plaintiff, vs NOTICE OF HEARING RE: MOTION FOR A CONTINUANCE PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 341 Airport RD N, Naples, FL 34104 SERVED: REALAND INVESTMENTS INC, Respondent Thomas Pitura, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 22 INSTR 6248677 OR 6123 PG 3005 RECORDED 5/9/2022 9:15 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 5.A.2.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUN�Y COMMISSIONERS COLLIER COUNT � , FLORIDA Petitioner, ��-'°%s vs. `` - Case No. -- CESD20210007669 X, REALAND INVESTMENTS INC. t Respondent. ORDER OF TRE• SPECIAL MAGISTRATE THIS CAUSE came on for public`haring before the Special Magistrate on March 4, 2022, and the Special Magistrate, having heard argument es iVC to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Ordef the Special Magistrate, as follows: FINDINGS OF FACT and-(�0 CLUSIONS OF LAW 1. Respondent, REALAND INVESTMENTS 1N6, is,thp.g mer of the subject real property located at 341 Airport Road N, Naples, Florida 341OW, -007}o No. 60080240008, 2. Respondent was duly notified of the date of hearing b3�.,ciei ed mail and posting, and was represented at the hearing by Jason Hayes, the president of the corporation. . � r� 3. Respondent's property is in violation of the Collier County LanAIYevelopment Code, 04-41, as amended, Section 10.02.06(Bxlxa), Section 10.02.06(l�j(TX6) and Section 10.02.06(B)(1)(e)(i), as follows: Unpermitted renovations and alterations. f The violation was not 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: Packet Pg. 23 OR 6123 PG 3006 5.A.2.a A. Respondent is found guilty of violation of the Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i). B. Respondent i ordcrcd to pay operational costs in the amount of $111.70 incurred in the prosecutes f t. is case on or before April 4, 2022. C. Responde iSA9;o' rdered to abate the violations by obtaining either a Collier County Building Permit or Demolition Permit, all inspections and a Certificate of Completion or Occupancy fo ren8Vations, alterations or demolition on or before June 4, 2022 or a fine of $200.00 per da ll-l�e imposed until the violation has been abated. D. Respondent must notify the Code Enforcement Investigator when the violation has been abated in order for the Invegtigatgf to conduct a final site inspection to confirm compliance. E. if the Respondent fails to abae'ilte, tolation as ordered, the County may abate the violation using any method to bring the violattion; to, compliance and may use the assistance of the Collier County Sheriff's Office to en�de_the `provisions of this Order, and all costs of abatement shall be assessed to the property ownetattsl flay become a lien on the property. DONE AND ORDERED on this day of'4a�022 at Naples, Collier County, Florida. f .fi I, Crystal K. Kinzel. Cleric 01 Cf"rN- and for .oliier C,)unty do hea yy v �f . re;., m:;nt is a true a t careCt copy ar e: al'�lod'n GL 'e F 8yy „ Deputy Clerk COLLC,O>PN'TY CODE ENFORCEMENT SPECIA.L.- l"01$TRATE .1 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order m paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 3404, phone # (239) - 252-2440 or www.colliergov.net. Any release of lien or confirmation of compliance -cdnf rmation 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 an Appeal will not automatically stay the Special Magistrate's Order. Packet Pg. 24 *** OR 6123 PG 3008 *** 5.A.2.a 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 15th day of March 2022 to Respondent: Realand Investments Inc„ 341_,port Pulling Rd. N., Naples, FL 34104-351\9 ode Enforcement bffVial Packet Pg. 25 OR 6123 PG 3007 BOARD OF COUNTY COMMISSIONERS I Collier County, Florida Petitioner, vs. Case No. CESD20210007669 REALAND INV INC , Re sprndent, STIPULATION/AGREEMENT r-. Before me, the undersigned, ,Iason Hayes, on behalf of REALAND INV INC, enters into this Stipulation and Agreement with Collier County .as 10 the resolution of Notices of Violation in reference (case) number CESD20210007669 dated the 201h day of July 2021. This agreement is subject to the appfrgl l 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 March 4, 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick aril expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violation of, unpermitted renovations/alterations, as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. - THEREFORE, it is agreed between the parties that the Resppr pnt 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 building permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy for the .renovations/alterations within 90 days of this nearing 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 Co tier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall bie�ssessed to the property owner. Rezrpondeni or Representative (sign) Respondent or R presentative (print) 3 / 2z Date' C✓. Erg r _, Supervisor for Michael Ossorio, Director Code Enforcement Division cv-� 110/ f1A). Z-. Date REV 3-29-16 Packet Pg. 26 5.A.2.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs REALAND INV INC, Defendant AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20210007669 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on March 4, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant was to obtain a Collier County building permit or demolition permit, inspections, and certificate of completion or occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6123 PG 3005. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on June 7, 2022. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Permit PRCS20220208888 is under review. Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or _ online notarization. this 7th day of June 2022 by Ryan Cathey ELENA ,l GOC4Z&1. Z (Signature of Notary Public) _ Comm:lssicn _� GG 307714 o Expires Marrh 4, 2023 "'�e}o�` c 6aoded iTr� 6udpes Notary Sarrices (PrinuType/Stamp Commissioned Name of Notary Public) Personally known J Packet Pg. 27 5.A.2.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. REALAND INVESTMENTS INC Respondent. Case No. CESD20210007669 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Continuance on October 6. 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, REALAND INVESTMENTS INC is the owner of the property located at 341 Airport Road N. Naples, FL 34104. Folio 60080280000. 2. On March 4, 2022 owner was found guilty 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(Bx l)(e)(i). to wit unpermitted renovations and alterations. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4, 2022 (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 6123 PAGE 3005. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of SI I I.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Jason Hayes, owner and John Antonas of Omega Contracting were present at the public hearing. Respondent presented testimony that he filed for change of contractor, the permit expired during the process of the job and has a new one in process. 7 No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended, has been filed. Packet Pg. 28 5.A.2.a 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 IiEREBY ORDERED: A- Petitioner's Motion for Continuance is GRANTED and Respondent is granted a Continuance for fifty-six (56) calendar days until the December 1, 2023 Special Magistrate hearing for further consideration of this matter. n Fines continue to accrue. C. 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 Count), 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 propert.-. DONE AND ORDERED this 6th day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PatWek H. Neale, Esq. Executed by:.- Special Magistrate Patrick H. Neale on 2023. Filed with the Secretary to the Special Magistrate on fJ 2023 b , f 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 4 (239) 252- 2440 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 VAL day off1 „.2023 to Respondent. REALAND INVESTMENTS INC. 341 Airport Pulling d. N.. Naples, 34104 Code Enforc ent cial Packet Pg. 29 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27258) DOC ID: 27258 CESD20230003555 Jordan CASE NO: CESD20230003555 OWNER: Kenneth R Jordan and Mary Lee Jordan OFFICER: Delicia Pulse VIOLATIONS: 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). Unpermitted shed in the rear yard. FOLIO NO: 49480960006 PROPERTY 4002 Dale Ave, Naples, FL 34112 ADDRESS: 5.B.1 Updated: 11/15/2023 10:20 AM by Helen Buchillon Page 1 Packet Pg. 30 5.B.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20230003555 COLLIER COUNTY, FLORIDA, Plaintiff, vs NOTICE OF HEARING RE: MOTION FOR AN EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(13)(1)(e)(i) LOCATION OF VIOLATION: 4002 Dale AVE, Naples, FL 34112 SERVED: KENNETH R JORDAN AND MARY LEE JORDAN, Respondent Delicia Pulse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idiama Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un me}or entendimiento con las comunicaciones de este evento. Por favor tralga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 31 INSTR 6446413 OR 6282 PG 1440 RECORDED 8/28/2023 1:24 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC 527.00 5.B.1.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. / Case No. CESD20230003555 KENNETH R. JORD;ADI'and.MARY LEE JORDAN Respondents. f ORDUF OF THE SPECIAL MAGISTRATE THIS CAUSE came before thopecial Magistrate for public hearing on August 4, 2023, and the Special Magistrate, having received iden�e.,and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, C�nclusions of Law and Order of the Special Magistrate, as follows: ,f FINDINGS OF FA.@T'an CONCLUSIONS OF LAW 1. Respondents, Kenneth R. Jordan and"ry to Jordan are the owners of the property located at 4002 Dale Ave, Naples, FL 34112, Fo.d49480960006. 2. Respondents were duly notified of the dale ofbearing by certified mail and posting and were not present at the hearing. Pursuant to CollierZount),Code of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5),'."erie.notice of the hearing has been provided to the Violator as provided for herein, a heajsng:may be conducted and an order rendered even in the absence of the Violator." N 3. Respondents have stipulated by written stipulation as to theFfack. that the property is in violation of Collier County Land Development Code 04 $mended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e,) to wit, unpermitted shed and canopy in the rear yard. 4. The violation has not been abated as of the date of the public hewn 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. Respondents are found guilty of violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(I )(a), 10.02.06(B)(1)(e) and 10.02A6(B)(1)(e)(i) to wit, unpermitted shed and canopy in the rear yard. Packet Pg. 32 OR 6282 PG 1441 5.B.1.a B. Respondents are ordered to pay operational costs in the amount of S111.70 incurred in the prosecution of this case within thirty (30) calendar days from the date of this hearing (September 3, 2023). C. Respondents must abate the violation by obtaining all required Collier County Building Permit(s) or,Demolition Permit, inspections, and Certificate of Completion/Occupancy for the unpermoted shed and canopy within 120 calendar days of the date of this hearing (Deccnr2, t)23) or a fine ofS100.00 per day will be imposed until the violation is abated. D. Respondents Shall otify the Code Enforcement Investigator within 24 hours of abatement or complianceinr or r,,f6r the County to conduct a final inspection to confirm abatement. E. If Respondents fail to abate the violation and comply with this Order, the Collier County Code Enforcement Department m� abate the violation using any appropriate method to bring the violation into complianch. I. necessary, the County may request the services of the Collier County Sheriff's Office in order access the property for abatement and enforce the provisions of this Order. All costs ofabadmeet, a'lJ be assessed against the property owner and may become a lien on the property. } DONE AND ORDERED this 4th day of'Augast, 2023, at Naples, Collier, County, Florida. f. l C'd][E , COUNTY CODE'ENFORCEMENT SPEC •AG 9TRATIi 'Patri cafe )�sq. Executed by: Special Magi stratatcrck H. Neale on 45- , 2023. Filed with the Secretary Io the Special Magistrate on '', 2023 by PAYMENT OF FINES: Any fines ordered to be paid pursuantlt6'Or s order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone 4 (239) 252- 2440 or www,colliercountyfl.po_v_. Any release of lien or confirmatiorKa;C°Mpliance or confirmation of the satisfaction of the obligations of this order may also be obtained at`tltis;'tocation. APPEAL: Any aggrieved party may appeal a final order of the Special iYagist ate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeafsha npt be a hearing de novo but shall be limited to appellate review of the record created within the original h6a'ng. It is the responsibility of the appealing party to obtain a transcribed record of the hearing 66:r1;he Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate s.Order. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 194dayof 2023 to Respondents, Kenneth R. Jordan and Mary Lee Jordan, 4002 Dale Ave, Naples, L 34112. LtAI11'S 1' Code Enfo eme Official I, f ry,.& K tGnze C2;" TC< iR r r �7 i C•L �v do hrarhV rnrply 1'17nr idnu� tnstninirrr';+s�h 4 nd a. a t Packet Pg. 33 *** OR 6282 PG 1442 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner, vs. Case No. CESD20230003555 JORDAN, KENNETH R & MARY LEE, Respondent(s), STI PULATI O NIAG REEME NT Before me, the undergIgned, , Z6,i-t on behalf of JORDAN, KENNETH R & MARY LEF41ntM Into this Stipule ion an greement with Collier County as to the resolution of Notices of Violation In referen7eapplro.val se) number CESD20230003555 dated the 22nd day of May, 2023. This agreement Is subject to of the 5 ecial Ma istrate. If it is not a roved, the case ma be 9 1P 9 PP Y 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 Notices) of Violation for which a hearing is currently scheduled for Au just 4th,. 2023; to promote efficiency in the administration of the code enforcement process; and to obtain a quicl�(dnd;expeditious resolution of the matters outlined therein the parties hereto agree as follows: r. .N 1) The violations noted in the referenced -Notice of Violation for Unpennitted shed and canopy In the rear yard are accurate and I stipulate to their existence; a4nd 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 inDdfrred in the prosecution of this case within 30 days of this hearing. j 2) Abate all violations by: 'f ` Obtaining all required Collier County Building Permits r Demolition Permit, inspections, and Certificate of Completion/Occupancy for the unpermitted.'she&end canopy within, J2o days of this hearing or a fine of $100.00 per day will be imposed yntil 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 c Q , liance. (24 hours notice "I be by phone or fax and made during the workweek If dw violation is abated 24 houts prlo( to a Saturday, Sunday or legal holiday, UNen Vm notification must be made on the next day that l7 not s Saturday, Sunday or legal holiday.) (� i 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 CPllier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. / 1 Respondent or R s five (sign) Jo eph Mucha, Supervisor fa Thomas landimarino, Director Code Enforcement Division Respondent or Representative (print) Date � � a REV 4-27-23 Packet Pg. 34 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27221) DOC ID: 27221 CEEX20230009311-CO-03267 Diaz CASE NO: CEEX20230009311-CO-03267 OWNER: Jorge Manuel Diaz OFFICER: Justin Baxter VIOLATIONS: Collier County Code od Laws and Ordinances, Chapter 54, Article IV, Section 54-94. Use of bullhorn in violation of County Ordinance. FOLIO NO: PROPERTY Santa Barbara Blvd and Golden Gate Pkwy, Naples, FL 34116 ADDRESS: 7.A.1 Updated: 11/13/2023 3:28 PM by Helen Buchillon Page 1 Packet Pg. 35 7.A.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs JORGE MANUEL DIAZ, Respondent(s) NOTICE OF HEARING Case: CEEX20230009311-CO-03267 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes. and Collier County Ordinance No. 07-44. as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 N X LU VIOLATION: Noise - Sound Producing Device 54-94 W U LOCATION OF VIOLATION: Santa Barbara Blvd and Golden Gate Pkwy, Naples. FL 34116 N N SERVED: JORGE MANUEL DIAZ. Respondent N Justin Baxter, Issuing Officer .N RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents. witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight refating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380. as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun pcu fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 36 COLLIER COUNTY CITATION co The undersigned investigator certifies that he/she has reasonable cause I. named persons) or entity has committed the violation stated below. rt- Mnnth pay Year Time AhUPM Meiling Address of Violator or RcTrea, Li bw: Name Address ^ ' City -- N M l.p. Date of Birth Rare Sec Veil hi 0 Location of-ft ation (Collier Count}, FL), if differepi than luJing address N Ordinance/CodeNo. Section(s) M O Description Violation: . Bate Violation Observed: V_ r M I f .S � � ^�'• i O O O O M N Velucle Make(hpe (if apphcable) Year Color O N X OPTIONS W 1 i have been informed of the violation of which 1 have been charged and elect the follow U %-ft option: r _ 1) Pay the civil penalty of $ +costs of $ ` for a total of $ A N correct the above violation within 30 days of issuance of this citation unless a Dat ti Abatement is set by the Investigating Officer (not to exceed 30 days). N [Date of Abatement: Officer Signature: 2) Contest the violation and submit a written request for a hearing before the Special _N R D Magistrate within 30 days of issuance of this citation. M INSTRUCTIONS o PAYMENT OF CITATION: You may pay the amount indicated in option #1 of this imposed by law. O U citation along with any cost Q PAYMENT MUST BE MADE BY CASH, MONEY ORDER, OR CHECF r PAYABLE TO: CCBCC (DO NOT MAIL CASH) ALL FEES MUST BE REMITf©3 IN U.S. FUNDS O: 0 let Offense - $100.00 Ind Offense - $250.00 3rd Offense - $400.00 M N NOTICE O 'This citation is issued pursuant to Collier County Ordinance 07-44, as :upended_ The viol: X for which you are charged is a civil Infraction. Your signature on this citation dmf LU constitule an admission of a violation, however. willful refusal to sign and accept this cit, LU V is a misdemeanor of the 2nd degree, punishable as provided in S.775.082 or S.775.083 I UNDERSTAND THAT, IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY d SPECIAL MAGISTRATE, THEN I MAYBE RESPONSIBLE FOR THE ADMINISTRATIVE COST 4) THE HEARING, WHICH WILL NOT EXCEED $500 PURSUANT TO COLLIER COI s ORDINANCE 0744, AS AMENDED. I FURTHER UNDERSTAND THAT MY FAILURE TO v THE CIVIL PENALTY OR FAILURE TO REQUEST A HEARING WITHIN THE TIME PEE MENTIONED IN OPTION 42 OR FAILURE TO APPEAR FOR A HEARING THAT I I Q REQUESTED AND FAILURE TO CORRECT THE VIOLATION WITHIN TIME STATED I CONSTITUTE A WAIVER OF MY RIGHTS TO A HEARING, AIIS OR LIENS ' BE ENTERED AGAINST ME. J i SIGNATURE (RECIPIEW) /7 (EWMGATgR) PRINT (RECIPIENT'S NAME) PRINT (INVEMCATOR'S NAME'1 IST OFFENSE 2ND OFFENSE'.. Orngiml • CodeEnforcemew OSM Vellow copy - III' Packet Pg. 37 1111123, 11:29 AM Sec. 54-94. - Use of loudspeakers. Collier County, FL Code of Ordinances Loudspeakers or public address systems used to produce sound signals from any source may not be operated on or over public property and public right-of-way, unless an annual permit has been issued by the County Manager or designee. An annual permit fee shall be paid for such permit. The permit may be canceled for noncompliance with this Ordinance. Such systems may be used Monday through Saturday during daylight hours only. (Ord. No. 90-17, § 13; Ord, No. 2008-68, § 11) N N N about:blank I Packet Pg. 38 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27222) DOC ID: 27222 CEA20230004943 Mustafa CASE NO: CEA20230004943 OWNER: Abdallah Masoud Mustafa OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07. An improved Estates zoned property with hooved animals on site exceeding the amount allowable set forth by the Collier County Land Development Code. FOLIO NO: 45846280007 PROPERTY 1270 13' St SW, Naples, FL 34117 ADDRESS: 7.A.2 Updated: 11/13/2023 3:32 PM by Helen Buchillon Page 1 Packet Pg. 39 7.A.2.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEA20230004943 COLLIER COUNTY, FLORIDA, Plaintiff, vs ABDALLAH MASOUD MUSTAFA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Animals - Estates 4.02.07 LOCATION OF VIOLATION: 1270 13th ST SW. Naples, FL 34117 SERVED: ABDALLAH MASOUD MUSTAFA, Respondent Charles Marinos, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. �a M 0 0 0 M N 0 N Q w U N N N t` N w to 7 CM 0 0 0 M N 0 N Q w U a� E s w Q Packet Pg. 40 7.A.2.a Case Number: CEA20230004943 Date: September 13, 2023 Investigator: Charles Marinos Phone:2392806960 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MUSTAFA, ABDALLAH MASOUD 1270 13TH ST SW NAPLES, FL 34117 Location: 1270 13th ST SW, Naples Unincorporated Collier County Zoning Dist: F Property Legal Description: GOLDEN GATE EST UNIT 193 S 75FT OF N 150FT OF TR 60 OR 970 PG 879 Folio: 45846280007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Standards for keeping animals Collier County Land Development Code 04-41, as amended, Section 4.02.07 E Zoning District Poultry or fowl --Total of 25* *(Enclosures shall be a minimum of thirty (30) feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel) Horses and livestock--2 per acre* (Enclosures shall be a minimum of thirty (30) feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel) Hogs --None Violation Status - Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An improved estates zoned property with hooved animals on site exceeding the amount allowable as set force by the Collier County Land Development Code. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove poultry or fowl in excess of the permissible 25 or less from property by the date specified on this notice AND / OR All enclosures containing poultry/fowl must meet the minimum thirty (30) feet setback requirements from any lot line as well as the minimum 100 feet setback requirement from any residence If alterations of enclosures are required, such alterations must be completed by obtaining any applicable permits by the date specified on this notice AND /OR Remove horses and/or livestock in excess of the permissible 2 per acre or less from property by the date specified on this notice AND/OR All enclosures containing horses or livestock must meet the minimum thirty (30) feet setback requirements from any lot line as well as the minimum 100 feet setback requirement from any residence. If alterations of enclosures are required, such alterations must be completed by obtaining any applicable permits by the date specified on this notice. AND/OR Remove all hogs from property by the date specified on this notice. ON OR BEFORE: 09/23/2023. Recurring violation — hearing will be scheduled. Packet Pg. 41 7.A.2.a Case Number: CEA20230004943 Date: September 13, 2023 Investigator: Charles Marinos Phone:2392806960 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: &ad 77raU'096d Investigator Signature Charles Marinos Case Number: CEA20230004943 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 42 7.A.2.a 4,02.07 - Standards for Keeping Animals Zoning District Maximum Number of Animals Agricultural On parcels less than 20 acres Poultry or fowl —Total of 25 Horses and livestock-2 per acre Hogs —None (2) Estates Poultry or fowl —Total of 25 (1) Horses and livestock-2 per acre (1) Hogs —None (3) (1) Enclosures shall be a minimum of thirty (30) feet from any lot line, and a minimum of one hundred (100) feet from any residence on an adjacent parcel. (2) See LDC section 2.03.01 A.1.a.2.ii.b.i. (3) See LDC section 2.03.01 B.1.b.4.i. (Ord. No. 14-40, § 2.B) Packet Pg. 43 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27223) DOC ID: 27223 CEPM20230007308 Miranda CASE NO: CEPM20230007308 OWNER: Bienvenido Miranda OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and 22-236. Fire damaged dwelling that has been declared a dangerous structure by the building official. FOLIO NO: 36372120006 PROPERTY 5350 21st PI SW, Naples, FL 34116 ADDRESS: 7.A.3 Updated: 11/13/2023 3:35 PM by Helen Buchillon Page 1 Packet Pg. 44 7.A.3.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff. vs. BIENVENIDO MIRANDA, Respondent(s) NOTICE OF HEARING Case: CEPM20230007308 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: RepaWDemolition Hazardous Building CL 22-228(1) and 22-236 LOCATION OF VIOLATION: 5350 21st PL SW, Naples, FL 34116 SERVED: BIENVENIDO MIRANDA, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged vioEator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and _ copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances wid not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101. Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma IngEes. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin mour you fe tradiksyan. Si ou pa pale angle tanpri vini avek you irlepret you pale you-ou. c CL C 0 0 M ti 0 0 0 Cl) N 0 N a w U M N N r` N c L 0 0 M It - CD 0 0 M N O N a w U r c m t Q Packet Pg. 45 7.A.3.a Case Number: CEPM20230007308 Date: August 24, 2023 Investigator: Jonathan Musse Phone: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Miranda Bienvenido 5350 21ST PL SW Naples, FL 34116 Location: 5350 21st PL SW, Naples Unincorporated Collier County Zoning Dist: RSF-3 Folio: 36372120006 ca Property Legal Description: GOLDEN GATE UNIT 6 PART 1 BLK 183 LOT 5 OR 1548 PG 949 = c� L NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and c Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. c Ordinance/Code: 0 N Buildings and Building Regulations, Property Maintenance Code, General Provisions. Collier County Code of Laws and N Ordinances Chapter 22, Article VI, Section 22-228(1) a Property Maintenance. Standards for repair or demolition of hazardous buildings by the County. Collier County Code of U Laws and Ordinances, Chapter 22, Article VI, Section 22-236 1. Maintenance. M N N Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was ti N constructed, altered, or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises: _ M L 1. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or 2 within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition c exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: M 0 0 a Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its M center of gravity falls outside of the middle third of its base; or c b. Whether the non -supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidence 33% or greater damage N to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. w If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the U section of this ordinance regulating the boarding of vacant buildings or dwellings. Violation Status - Initial m E t DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Fire damaged dwelling that has been declared by the building official to be a dangerous structure. Q ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all property maintenance requirements including but not limited to maintenance of buildings, structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance. 2. Must obtain all required permits, inspections, and certificate of completions to effect, or cause, repair, rehabilitation and/or demolition of described unsafe building/structure/systems. Packet Pg. 46 7.A.3.a ON OR BEFORE: September 2311, 2023 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: (ae� -N.— Investigator Signature Jonathan Musse Case Number: CEPM20230007308 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date `this violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. �a c 00 0 M r` 0 0 0 Cl) N 0 N a LU U M N N r` N Packet Pg. 47 7.A.3.a Sec. 22-228. - General provisions. 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures, and premises Sec. 22-236. - Standards for the repair or demolition of hazardous building by the County. 1. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non -supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidence 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings Packet Pg. 48 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27224) DOC ID: 27224 CESD20230004157 Brudzinski CASE NO: CESD20230004157 OWNER: Denise Brudzinski OFFICER: Donald Joseph VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Dock was added to property in 1995 without a building permit. FOLIO NO: 49530640001 PROPERTY 10 Creek Circle, Naples, FL 34114 ADDRESS: 7.A.4 Updated: 11/13/2023 3:38 PM by Helen Buchillon Page 1 Packet Pg. 49 7.A.4.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs DENISE BRUDZINSKI Respondent(s) NOTICE OF HEARING Case: CESD20230004157 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below DATE: 12/01/2023 TIME: 09 00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 10 Creek CIR. Naples. FL 34114 SERVED: DENISE BRUDZINSKI, Respondent Donald Joseph, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents. witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44. as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tam#ami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 46 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individuate NOTIFICACION: Esta audiencia sera conducida en el idioma Ingies. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, Para un mejor entendimiento con fas comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. & ou pa pale angle tanpri vini avek you intepret you pale you -flu. Packet Pg. 50 7.A.4.a Case Number: CESD20230004157 Date: July 31, 2023 Investigator: Latoya Cooper Phone:2395723104 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BRUDZINSKI, DENISE 10 CREEK CIR NAPLES, FL 34114 Location: 10 Creek CIR, (Mobile/Modular) , Naples Unincorporated Collier County Zoning Dist: MH Property Legal Description: HENDERSON CREEK PK BLK F LOT 10 Folio: 49530640001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article JX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. OrdinancelCode: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10 02.06(B)(1)(a) Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code. and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required Examples include but are not limited to clearing and excavation permits site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Dock added to the property in 1995 without a permit. ORDER TO CORRECT VIOLATIONS : You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of CompietionlOccupancy for the dock ON OR BEFORE: 08/30/2023 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as Packet Pg. 51 7.A.4.a the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Latoya Cooper Case Number CESD20230004157 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone 239 252-2440 FAX 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date •This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 52 7.A.4.a The Collier County Land Development Code, 04-41 As Amended 10 02.06 - Requirements for Permits B Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process Zoning action on building or land alteration permits The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals. agricultural clearing permits. and blasting permits. No building or structure shall be erected. moved. added to. altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving. addition to or alteration of any building . structure , or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction Packet Pg. 53 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27225) DOC ID: 27225 CEPM20230004854 Pena CASE NO: CEPM20230004854 OWNER: Mariano Misael Lemus Pena OFFICER: Charles Marnos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), 6.05.03(D)(1)(b)(iv) and 6.05.01(C). An improved Estates zoned property with gutters directed onto the neighboring property causing discharge of stormwater across the property line causing flooding. FOLIO NO: 45902080002 PROPERTY 1452 23' St SW, Naples, FL 34117 ADDRESS: 7.A.5 Updated: 11/13/2023 3:41 PM by Helen Buchillon Page 1 Packet Pg. 54 7.A.5.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEPM20230004854 COLLIER COUNTY, FLORIDA, Plaintiff, vs MARIANO MISAEL LEMUS PENA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162 06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09-00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally 1 04.01(A), 6.05.03(D)(1)(b)(iv) and 6.05.01(C) LOCATION OF VIOLATION: 1452 23rd ST SW Naples, FL 34117 SERVED: MARIANO MISAEL LEMUS PENA. Respondent Charles Marinos Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing IT IS FURTHER ADVISED that Ordinance No 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101. Naples. Florida 34112, or (239) 252- 8384, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingies. Servicios the traduccion no seran disponibles en is audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-cu. Packet Pg. 55 7.A.5.a Case Number: CEPM20230004854 Date: August 07, 2023 Investigator: Charles Marinos Phone: 2392806960 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PENA, MARIANO MISAEL LEMUS 1836 55TH ST SW NAPLES.FL 34116 Location. 1452 23rd ST SW. Naples Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 194 N 75FT OF TR 30 OR 1212 PG 1195 Folio: 45902080002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building. structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located Collier County Land Development Code 04-41 as amended, Section 6.05.03(D)(1)(b)(iv) iv Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. Collier County Land Development Code 04-41 as amended, Section 6.05.01(C) C. Any structure with an outside wall which is closer than 10 feet from a side property line shall install properly sized (minimum twenty -four -square inch cross-section) gutters and downspouts to direct stormwater away from neighboring properties and toward front and/or rear swales or retention/detention areas. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An improved estates zoned property with gutters directed onto the neighboring property causing discharge of stormwater across the property line causing flooding. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with all land use standards of the Collier County Land Development Code 04-41, as amended 2. Must prevent discharge of stormwater from impervious areas of improved property onto the neighboring property in accordance with the Collier County Land Development Code 04-41, as amended Packet Pg. 56 7.A.5.a Case Number: CEPM20230004854 Date: August 07, 2023 Investigator: Charles Marinos Phone:2392806960 ON OR BEFORE: 09/06/2023 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation. as long as the violation remains, and costs of prosecution SERVED BY. &44ed Hayed, Investigator Signature Charles Mannos Case Number CEPM20230004854 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX.: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 57 7.A.5.a The Collier County Land Development Code 04-41, as amended 1.04.01(a) - Generally a. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. 6.05.01(c) - Water Management Requirements c. Any structure with an outside wall which is closer than 10 feet from a side property line shall install properly sized (minimum twenty -four -square inch cross-section) gutters and downspouts to direct stormwater away from neighboring properties and toward front and/or rear swales or retention/detention areas. 6.05.03(D)(1)(b)(iv) - Water Management Requirements iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable Packet Pg. 58 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27226) DOC ID: 27226 CEPM20230006244 Lamento CASE NO: CEPM20230006244 OWNER: Eugene M Lamento OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1) and 22-236. Fire damaged property that was declared by the Building Official to be a dangerous building. FOLIO NO: 70470760007 PROPERTY 104 Fleur De Lis Ln, Naples, FL 34112 ADDRESS: 7.A.6 Updated: 11/15/2023 12:52 PM by Miriam Lorenzo Page 1 Packet Pg. 59 7.A.6.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs EUGENE M LAMENTO Respondent(s) NOTICE OF HEARING Case: CEPM20230006244 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time and place for the violation below DATE: 12101 /2023 TIME: 09 00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Repair/Demolition Hazardous Building CL 22-228(1) and 22-236 LOCATION OF VIOLATION: 104 Fleur De Lis LN, Naples, FL 34112 SERVED: EUGENE M LAMENTO, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing IT IS FURTHER ADVISED that Ordinance No 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication. or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 101, Naples, Florida 34112. or (239) 252- 8380. as soon as possible. but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en !a audiencia y usted sera responsable de proveer su propio traductor, para Lin mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle- Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 60 7.A.6.a Case Number: CEPM20230006244 Date: August 21, 2023 Investigator: Jonathan Musse Phone: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Eugene M Lamento 104 Fleur De Lis LN Naples, FL 34112 Location: 104 Fleur De Lis LN, Naples Unincorporated Collier County Zoning Dist: PUD Folio: 70470760007 Property Legal Description: RIVIERA GOLF EST UNIT I PHASE I LOT 320 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Buildings and Building Regulations, Property Maintenance Code, General Provisions. Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-228(1) Property Maintenance. Standards for repair or demolition of hazardous buildings by the County. Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-236 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein the owner shall be responsible for the maintenance of buildings structures and premises: 1 If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base: or b. Whether the non -supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration. or c. Whether a structure exists In violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Fire damaged property that was declared by the Building Official to be a dangerous building. ORDER TO CORRECT VIOLATIONS : You are directed by this Notice to take the following corrective action(s): 1. Must comply with all property maintenance requirements including but not limited to maintenance of buildings, structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22, Article VI Property Maintenance. 2. Must obtain all required permits, inspections, and certificate of completions to effect. or cause, repair, rehabilitation and/or demolition of described unsafe buildinglstructurelsystems Packet Pg. 61 7.A.6.a ON OR BEFORE: September 20111, 2023. Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains. and costs of prosecution SERVED BY: /faiYtrl�H irLuOCC INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone239 252-2440 FAX 239 252-2343 Jonathan Musse Case Number. CEPM20230006244 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 62 7.A.6.a Sec. 22-228. - General provisions. 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures, and premises Sec. 22-236. - Standards for the repair or demolition of hazardous building by the County. 1. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of Its base; or b. Whether the non -supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidence 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings Packet Pg. 63 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27227) DOC ID: 27227 CEVR20220007489 TITUS ENTERPRISES LLC CASE NO: CEVR20220007489 OWNER: TITUS ENTERPRISES LLC OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Clearing of vegetation prior to obtaining a Vegetation Removal Permit. FOLIO NO: 335800001 PROPERTY 2185 Markley Ave, Naples, FL 34117 ADDRESS: 7.A.7 Updated: 11/13/2023 3:46 PM by Helen Buchillon Page 1 Packet Pg. 64 7.A.7.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEVR20220007489 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TITUS ENTERPRISES LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162 06 and 162.12, Florida Statutes. and Collier County Ordinance No. 07-44, as amended. you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09 00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit) 3 05.01(B) LOCATION OF VIOLATION: 2185 Markley AVE, Naples, FL 34117 SERVED: TITUS ENTERPRISES LLC, Respondent Charles Marinos. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended. be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. suite 101. Naples, Florida 34112. or (239) 252- 8380. as soon as possible, but no later than 48 hours before the scheduled event, Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponibles en is audiencia y usted sera responsable de proveer su propio traductor, para un meior entendimiento con las comunica6ones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you inteprel you pale you-ou. Packet Pg. 65 7.A.7.a Case Number: CEVR20220007489 Date: November 29, 2022 Investigator: Rickey Migal Phone:2398778122 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TITUS ENTERPRISES LLC 3736 JACKSON BLVD FORT LAUDERDALE, FL 33312 Registered Agent: SASHA J. MICHAEL 3736 Jackson B{vd Fort Lauderdale. FL 33312 Location: 2185 Markley AVE, Naples, FL 34117 Unincorporated Collier County Zoning Dist: Property Legal Description: 30 49 27 W112 OF SWIM OF Si OF SW114 5 AC OR 1625 PG 1023 Folio: 335800001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulations) exists at the above -described location. Ordinance]Code: Vegetation Removal, Protection & Preservation_ Vegetation Removal I Landfill Required. Collier County Land Development Code 04-41, as amended, Section 3.05.01(6) It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal. state, County, or municipal govemment to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Clearing of vegetation prior to obtaining a Vegetation Removal Permit from the County. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must cease all land clearing, excavation, and/or land fill operations AND/OR Must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41. as amended. Section 10.02.06(B)(1)(a) AND/OR Must obtain any and all appiicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41. as amended, Section 10 02 06(B)(1)(a) OR must submit a restoration plan for the property for approval and implementation. ON OR BEFORE: December 30, 2022 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution, OR 2) Code Enforcement Board review that may rgt Citlr es up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. _ � SERVED BY: Investigator Signature Rickey Migal Case Number CEVR20220007489 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone. 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may" required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure. Site Deveiopment Plan, Insubstantial change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval Packet Pg. 66 7.A.7.a Collier County Land Development Code, 2004-41, as amended 3.05.01 - Generally (B) It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Packet Pg. 67 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27228) DOC ID: 27228 CENA20230007098 Sanford CASE NO: CENA20230007098 OWNER: Michael K Sanford OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-179 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Illegal outside storage and litter on this property. FOLIO NO: 61330080001 PROPERTY 2045 Danford St, Naples, FL 34112 ADDRESS: 7.A.8 Updated: 11/13/2023 3:50 PM by Helen Buchillon Page 1 Packet Pg. 68 7.A.8.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office Of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, Plaintiff, vs MICHAEL K SANFORD, Respondent(s) NOTICE OF HEARING Case: CENA20230007098 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use 2.02.03, 54-179 and 54-181 LOCATION OF VIOLATION: 2045 Danford ST, Naples, FL 34112 SERVED: MICHAEL K SANFORD, Respondent John Johnson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be r0ed upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin mown you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou- 0 c 00 a) 0 r` 0 0 0 M N 0 N Q z w U 00 N N ti N 0 w c R U) 00 0 0 ti 0 0 0 M N O N a z w U C a� E t R a Packet Pg. 69 Case Number: CENA2 Date: September 05, 2023 Investigator: John .Johnson Phone: 239-398-46 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SANFORD, MICHAEL K 2045 DANFORD ST NAPLES, FL 34112 Unincorporated Collier County Location: 2045 Danford ST, Naples Zoning Dist: RiVIF-6 Property Legal Description: NAPLES BAYVIEW LOT 2 & E112 OFLOT 3 Folio: 61330080001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinarl Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or Pt Regulation(s) exists at the above -described location. L Ordinance/Code: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws an( 40- Ordinances Chapter 54, Article VI, Section 54-185(a), Section 54-179 and Section 54-181. The Collier County Land M Development Code, 2004-41, As Amended. Section 2.02.03, Prohibited Uses. Cl) 00 o) a. The accumulation of weeds. grass, or other similar non -protected overgrowth in excess of 18 inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, and which lot has been specifically described by legal description and c which condition has been determined by the county administrator or his designee to be a public nuisance pursuant to this article. Such mowable lot is. or may reasonably be expected to become, infested or inhabited by non -protected rodents, vermin or wild animals, or may io N furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to caus CD disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. Q The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in w sections 54-179--54-184, in or upon public or private property, is hereby declared to be a public nuisance.: U Any unauthorized accumulation of litter in or upon any property, vacant or improved. or on or upon any public street, alley or other public or 00 private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains. or N controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized N accumulation of litter is maintained or is allowed to remain on such property.: Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in 10 such zoning district. ,0 Violation Status - Initial c in DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). 00 c Did Witness: I did witness the uncontrolled growth of grass and weeds in excess of 18" on this parcel. I also 0 witnessed illegal outside storage and litter. o M N ORDER TO CORRECT VIOLATION(S): Q You are directed by this Notice to take the following corrective action(s): Z w 1. Must remove all unauthorized outside storage of material, goods, and/ or other belongings. Must move to a permitted U enclosed structure or move to a site intended for such storage or to a site intended for final disposal. E 2. Must remove or cause to remove any unauthorized litter, including but not limited to vegetative debris which is a public col nuisance pursuant to this section. w Q 3, Must remove all unauthorized accumulation of litter from the property to a site intended for final disposal 4. Must mow or cause to mow all weeds, grass, or other similar non -protected overgrowth in excess of eighteen (18) inche in height on this lot. Must mow to a height of less than six (6) inches ON OR BEFORE: September 15, 2023 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains. and costs of prosecution. Packet Pg. 70 7.A.8.a SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 John Johnson Case Number: CENA20230007098 Signature and Title of Recipient Printed Name of Recipient Date L "This violation may require additional compliance and approval from other departments which may be required under local, state and fed( 0 regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Char to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding tees required for approval. W 0 0 0 r` 0 0 0 Cl) N O N Q Z IL 0 N N r` N Packet Pg. 71 7.A.8.a Sec. 54-179. - Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. Sec. 54-181. Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. Packet Pg. 72 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27259) DOC ID: 27259 CEEX20230010044-DASV23-018313 Miguel CASE NO: CEEX20230010044-DASV23-018313 OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-35(1)(B). At large on public/private property, 8t' Offense, "Yoyi". FOLIO NO: PROPERTY 5910 Sea Grass Ln, Naples, FL 34116 ADDRESS: 7.A.9 Updated: 11/15/2023 10:23 AM by Helen Buchillon Page 1 Packet Pg. 73 7.A.9.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs FABIOLA MIGUEL, Respondent(s) NOTICE OF HEARING Case: CEEX20230010044-DASV23-018313 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Animal At Large 14-35(1)(B) LOCATION OF VIOLATION: 5910 Sea Grass Ln, Naples, FL 34116 SERVED: FABIOLA MIGUEL, Respondent Hope Ress, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you f6 tradiksyon. Si ou pa pall angles tanpri vini ave k you intbpret you pales you-ou. Packet Pg. 74 7.A.9.a ANIMAL SERVICES VIOLATION VIOLATION V23-018313 ACTIVITY A23-004878 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUED TIME ISSUED 11/01/2023 10:50 am 11/03/2023 ' 4:13 pm THE UNDERSIGNED OFFICER CERTIFIES THAT HE,SHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON(S) OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW LAST NAME FIRST NAME MIDDLE MIGUEL FABIOLA STREET ADDRESS APTiLOT NO 5930 SEA GRASS LN CITY STATE ZIP NAPLES FL 34116 PHONE 008 PERSONID (239) 234-8537 4114/1 Er34 P 161904 ANIMAL NAME SEX TAG p YOYI M BREED COLOR ANIMAL 10 CHIHUAHUA SH BROWN A274527 AND DID COMMIT THE FOLLOWING OFFENSES: Offense J 1st J 2nd J 3fd N Sth OFFENSE PRICE SEC. 14-35 (1)(B) r°s" LOCATION OF VIOLATION: 5910 SEA GRASS LN 34116 OFFICER'S COMMENTSeFACTS CONSTITUTING PROBABLE CAUSE 14-35 (1) At Large on Public;Private Property 8th Offense Affidavitividw was received of Yovi (A274527� Running at Large on 1111123 at 10,50 o m at 5910 Sea, Grass Ln 0 FORMAL WRITTEN WARNING ZI NOTICE TO COMPLY - COMPLIANCE P.t Q1. iRED BY CITATION -IF NOT IN COMPLIANCE BY CITATION MANDATORY COURT APPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED NQIISA This citation is issued pursuant to Section 828 27 Florida Statute. The violation for which you are charged is a civil infraction Your signature on this citation does not constitute an admission of a violation. however. willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree. punishable as provided in 775.082 or 775 083. F S I UNDERSTAND THAT. IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING, WHICH WILL NOT EXCEED $500, PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-38 1 UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY, FAILURE TO REQUEST A HEARING, OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAIN E I FURTHER UNDERSTAND THAT, IF ELIGIBLE, MY ELE ON O ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE THIN T E TIME PERIOD STATED ON THIS NOTICE WILL CONSTITU A VV,Ai ER OF MY RIGHT Signature (Recipient) fg - Print (OfficerI H. RESS The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. INSTRUCTIONS FORMAL WRITTEN WARNING: No action necessary, unless you elect tc contest the violation, violation will be recorded as a first offense. NOTICE TO COMPLY (NTC): You must provide proof of compliance within 11 days of Issuance to Collier County Domestic Animal Services (DAS). at the location listed below, for violations of requirements to license. vaccinate. cease tethering, and -or implementation of dangerous dog requirements. Notice(s) tc Comply issued for violations of "Standards of Care" must be complied within the time specified on the front of this notice. If you fail to provide proof of compliance to DAS by date on front of this notice (15 days if blank), the NTC will automatically become a citation; you have 20 days after the compliance due date to select one of the citation options below. A processing fee must be paid to DAS, by due date, for each NTC issued for violations of licensing and vaccination: failure to pay the processing fee(s) will result in the NTC becoming a citation: processing fee(s) must be paid, in person, at DAS. have been informed of the violation of which I have been charged and elect the following option U Pay the civil penalty - You may pay the amount indicated on the front side a this citation with any cost imposed by lay, within 20 days of issuance L] Contest the violation - You may contest the violation by submitting a writter reques! for a hearing before the Special Magistrate within 20 days of issuance J Attend a "Responsible Pet Ownership" course - In lieu of paying the civl penalty above, you may be eiigible to attend a "Responsible Pet Ownership' course You vAl be responsible for any costs associated with attending the course You must register and pay for the course within twenty (20) days o' receipt of this citation. By registering and paying for the course you waive your right to a hearing to contest the violation and it constitutes an admission of the violation The course must be successfully completed within ninety (90) days o' receipt of this citation Upon successful completion of the course. the civi penalty will be waived. You may not make an election under this subsection ii you have successfully completed this course -within the preceding twelve (12. months or the citation requires a mandatory appearance before the Specia Magistrate You may make no more than two (2) elections under thif subsection Suocessfui Completion of the course does not constitute a dismissal of any violation. Signed Date Please provide mailing address if different from the front side SUBMIT WRITTEN HEARING REQUEST. PAYMENT, OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS, WITHIN 20 DAYS. TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7610 Davis Blvd Naples, FL 34104 (239) 252-7387 Packet Pg. 75 7.A.9.a Sec. 14-35. - General violations. 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has been designated by the board as suitable for use by such animals, except for service animals as defined in F.S. § 413,08, or animals used by law enforcement officers or county ordinance enforcement personnel. B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property. C. To be upon public school grounds or public playground in the county, whether fettered or unfettered, except for service animals as defined in F,S. § 413,08, D. To enter any building where food is stored, prepared, served or sold to the public, or any other public building or hall; provided, however, that this provision shall not apply to service animals as defined in F.S. § 413.08, to public buildings used for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer. E. To be upon private or public property so as to damage or destroy any property of another including, but not limited to, the unprovoked biting, attacking, or wounding of another person's animal(s) or thing of value. F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, road rights -of -way, sidewalks, or other property. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed. G. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-way. H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right- of-way, persons lawfully on their own property, or persons lawfully on property of another with permission of the owner or person in possession or control of the property. c I. It shall be unlawful for the owner, or any caretaker of an animal or animals to allow the 0 M c animal(s), to bark, meow, whine, howl, or to make other sounds common to the species, N w persistently or continuously for a period of 30 minutes or longer when the animal is not w w contained within an enclosure sufficient to baffle loud noises and render them reasonably E unobjectionable. This subsection shall not apply to animals maintained on land zoned for agricultural purposes, nor shall it apply to a properly permitted animal shelter established for w r a the care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a violation of this section when either the investigating officer has received, from at least two unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to the committing of a nuisance pursuant to such section or subsection, upon Packet Pg. 76 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27261) DOC ID: 27261 CEEX20230010041-DASV23-018219 Miguel CASE NO: CEEX20230010041-DASV23-018219 OWNER: Fabiola Miguel OFFICER: Hope Ress VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-35(1)(B). At large public/private property 7t1i Offense "Yoyi". FOLIO NO: PROPERTY 5930 Sea Grass Ln, Naples, FL 34116 ADDRESS: 7.A.10 Updated: 11/15/2023 10:30 AM by Helen Buchillon Page 1 Packet Pg. 77 7.A.10.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Plaintiff, vs FABIOLA MIGUEL, Respondent(s) NOTICE OF HEARING Case: CEEX20230010041-DASV23-018219 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 Z3 x VIOLATION: DAS Animal At Large 14-35(1)(B) w U LOCATION OF VIOLATION: 5930 Sea Grass Ln, Naples, FL 34116 r co N SERVED: FABIOLA MIGUEL, Respondent N Hope Ress, Issuing Officer a� RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE M HEARINGS TO BEGIN AT 9:00 AM r' PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moue you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepr6l you pale you-ou. Packet Pg. 78 7.A.10.a ANIMAL SERVICES VIOLATION VIOLATION. V23-018219 ACTIVITY A23-004714 DATE of OFFENSE I TIME OF OFFENSE I DATE ISSUED TIME ISSUED 10/21/2023 1 6:17 pm J 10/27/2023 11 :55 aim I THE UNDERSIGNED OFFICER CERTIFIES THAT HE 1SHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON(S) OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW LAST NAME FIRST NAME MIKE MIGUEL FABIOLA STREET ADDRESS APTILOT NO 5930 SEA GRASS LN CITY STATE ZIP NAPLES FL 34116 PHONE DOB PERSONID (239) 234-8537 4/14/1984 P161904 ANIMAL NAME SEX TAG 0 YOYI M I BREED COLOR ANIMAL is CHIHUAHUA SH BROWN IA274527 AND DID COMMIT THE FOLLOLYING OFFENSES: Offense J tsl J 3nd J 3rd & 7th OFFENSE PRICE SEC. 14-35 (1)(B) e °r cQ LOCATION OF VIOLATION' 5930 SEA GRASS LN 34116 OFFICER'S COMMENTS�FACTS CONSTITUTING PROBABLE CAUSE 14 1)(B)At i 4rge on Public; Private Property_7th Offense of Yoyi iA274527} Runnino at Large in Public street in front of 5" SgaGra non October 21=3 at 18 17. Affidavit with Video Provided _ L] FORMAL WRITTEN WARNING 0 NOTICE TO COMPLY - COMPLIANCE REQUIRED BY 7 CITATION - IF NOT IN COMPLIANCE BY: CITATION n MANDATORY COURT APPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED NOTICE This citation is Issued pursuant to Section 828 27 Florida Statute The violation for which you are charged is a civil infraction. Your signature on this citation does not constitute an admission of a violation, however willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree, punishable as provided in 775 082 or 775.063. F.S. 1 UNDERSTAND THAT, IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING. WHICH WILL NOT EXCEED $5W, PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-38 1 UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY. FAILURE TO REQUEST A HEARING, OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME I FURTHER UNDERSTAND THAT. IF ELIGIBLE. MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL CONSTITUTE A WAIVI Fit OF MY RIGHT Signature (Recipient) Print iOfficer) H. RESS The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. INSTRUCTIONS FORMAL WRITTEN WARNING: No action necessary unless you elect tI contest the violation. violation will be recorded as a first offense NOTICE TO COMPLY (NTC): You must provide proof of compliance within 1; days of issuance to Collier County Domestic Animal Services (DAS), at thi location listed below, for violations of requirements to license vaccinate, ceasi tethering. andior implementation of dangerous dog requirements Notice(s) h Comply issued for violations of "Standards of Care" must be comp!Ied within thi time specified on the front of this notice. If you fail to provide proof e compliance to DAS by date on front of this notice (*IS days if biank). the NTC wi automatically become a citation, you have 20 days after the compliance due dah to select one of the citation options below A processing fee must be paid It DAS, by due date, for each NTC issued for violations of licensing am vaccination: failure to pay the processing fee(s) will result in the NT( becoming a citation; processing fee(s) must be paid, in person. at DAS. CITATION OPTIONS I nave been informed of the violation of rfilch i have been charged and elect the foliov.Ing option -.l Pay the civil penalty - You may pay the amount indicated on the front side c mis citation with any cost Imposed by iaw w€that 20 days of Issuance .] Contest the violation - You may contest the violation by submitting a writtei request for a hearing before the Special Magistrate within 20 days of issuance J Attend a "Responsible Pet Ownership" course - In lieu of paying the cw penalty above. you may be eligible to attend a "Responsible Pet Ownership course You will be responsible for any costs associated with attending thi course. You must register and pay for the course within twenty (20) days e receipt of this citation By registering and paying for the course you waive you right to a hearing to contest the violation and it constitutes an admission of IN violation The coarse must be successfully completed within ninety i.901 days e receipt of this citation Upon successful completion of the course, the civ penalty will be waived. You may not make an election under this subsection i you have successfuNy completed thfs course within the preceding twelve (12 months or the citation requires a mandatory appearance before the Specia Magistrate. You may make no more than two (2) elections under thi subsection Successful completion of the course does not constitute i dismissal of any violation Signed: Date Please provide mailing address if different from the front side SUBMIT WRITTEN HEARING REQUEST. PAYMENT. OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS. WITHIN 20 DAYS. TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7610 Davis Blvd Naples, FL U104 (239)262-7387 Packet Pg. 79 7.A.10.a Sec. 14-35. - General violations. 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has been designated by the board as suitable for use by such animals, except for service animals as defined in F.S. § 413.08, or animals used by law enforcement officers or county ordinance enforcement personnel. -- B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private a� 3 P 2 property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property. N � C. To be upon public school grounds or public playground in the county, whether fettered or 0 unfettered, except for service animals as defined in F.S. § 413.08. o D. To enter any building where food is stored, prepared, served or sold to the public, or any o other public building or hall; provided, however, that this provision shall not apply to service 0 c animals as defined in F.S. § 413.08, to public buildings used for animal shows or exhibitions, c or to dogs used for enforcement by any law enforcement officer or code enforcement officer. N w To be upon private or public property so as to damage or destroy any property of another w vE. including, but not limited to, the unprovoked biting, attacking, or wounding of another to N person's animal(s) or thing of value, N F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, d aM road rights -of -way, sidewalks, or other property. A sanitary nuisance exists whenever the M feces are not immediately removed and properly disposed. N � G. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-way. 0 CN H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right- o of -way, persons lawfully on their own property, or persons lawfully on property of another c with permission of the owner or person in possession or control of the property. 0 o 1. It shall be unlawful for the owner, or any caretaker of an animal or animals to allow the 0 M CN o animal(s), to bark, meow, whine, howl, or to make other sounds common to the species, N w persistently or continuously for a period of 30 minutes or longer when the animal is not v r contained within an enclosure sufficient to baffle loud noises and render them reasonably unobjectionable. This subsection shall not apply to animals maintained on land zoned for w agricultural purposes, nor shall it apply to a properly permitted animal shelter established for r a the care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a violation of this section when either the investigating officer has received, from at least two unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to the committing of a nuisance pursuant to such section or subsection, upon Packet Pg. 80 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27262) DOC ID: 27262 CEEX20230010036-DASV23-018293 Baker CASE NO: CEEX20230010038-DASV23-018293 OWNER: Laura Baker OFFICER: Manuel Ramirez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article 11, Section 14-35(1)(B). At large on public/private property, 6t' offense "Simba". FOLIO NO: PROPERTY 14960 Collier Blvd, Naples, FL 34119 ADDRESS: 7.A.11 Updated: 11/15/2023 10:32 AM by Helen Buchillon Page 1 Packet Pg. 81 7.A.11.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs LAURA BAKER, Respondent(s) NOTICE OF HEARING Case: CEEX20230010038-DASV23-018293 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below. DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Animal At Large 14-35(1)(B) LOCATION OF VIOLATION: 14960 Collier Blvd, # 3043, Naples, FL 34119 SERVED: LAURA BAKER, Respondent Manuel Ramirez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles on la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa palA angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 82 7.A.11.a ANIMAL SERVICES VIOLATION VIOLATION V23-018293 ACTIVITY A23-004719 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUED TIME ISSUED 10/17/2023 4:58 am 10/31/2023 I I 2:49 pin THE UNDERSIGNED OFFICER CERTIFIES THAT HEiSHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON(S) OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW LAST NAME FIRST NAME MIDDLE BAKER LAURA STREET ADDRESS APTILOT NO 1770 ACREMAKER RD CITY STATE: Zip NAPLES FL 34120 PHONE 005 FER3011`11 ID (239) 270-8673 3/2)1962 P 137953 ANIMAL NAME SEX TAG # SIMBA N BREED COLOR ANIMAL 10 GERM SHEPHERD BROWN A266108 AND DID COMMIT THE FOLLOWING OFFENSES: Offense J Ise -1 2nd J 3rd 711 61h OFFENSE PRICE SEC. 14-35 (1)(B) 70Be �e-erm rep LOCATION OF VIOLATION' 14960 COLLIER BLVD 3043 34119 OFFICERS COMMENTSIFACTS CONSTITUTING PROBABLE CAUSE SIXTH OFFENSE - At Laroe_Violation 14-35CUJB): Affidavit and Video recieved showing proof of SIMBA. as large and off the owner's property. SIMBA rWst..k;k Eonrined WS_h_p__ nAt.r pro y ar b on a I_e2%h�n hen off or%mErj J FORMAL WRITTEN WARNING 7 NOTICE TO COMPLY - COMPLIANCE REQUIRED BY CITATION - IF NOT IN COMPLIANCE BY; 0 CITATION I MANDATORY COURTAPPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. IN5TRUGTtONS FORMAL WRITTEN WARNING: No action necessary unless you elect t contest the violation violation M1l be recorded as a first offense NOTICE TO COMPLY (NTC): You must provide proof of compliance within 1 days of issuance to Collier County Domestic Animal Services tDAS), at th location listed below. for violations of requirements to license, vaccinate. teas tethering, and.or implementation of dangerous dog requirements. Notice(s) t Comply issued for violations of "Standards of Care" must be complied within th time specified on the front of this notice. If you fail to provide proof c compliance to DAS by date on front of this notice (15 days If blank), the NTC w automatically become a citation. ycu have 20 days after the compliance due dat to select one of the citation options below A processing fee must be paid t DAS, by due date, for each NTC issued for violations of licensing an vaccination: failure to pay the processing fee(s) will result in the NTI becoming a citation; processing fee(s) must be paid, in person, at DAS. CITATION OPTIONS I have teen Informed of the violation of which I have been charged and elect in, following option. ZI Pay the civil penalty - You may pay the amount indicated on the front side I this citation with any cost imposed by law within 20 days of issuance Ll Contest the violation - You may contest the violation by submitting a wrritte request for a hearing before the Special Magistrate within 20 days of issuance. Q Attend a "Responsible Pet Ownership" course - In lieu of paying the cis penalty above you may be eligible to attend a "Responsible Pei Ownershit course. You will be responcibie for any r_rrsts associated with attending th course. You must register and pay for the course within twenty (20) days I receipt of this citation_ By registering and paying for the course you waive yoi right to a hearing to contest the violation and it constitutes an admission of It violation The course must be successfully completed within ninety (90) days, receipt of this citation Upon successful completion of the course the cil penalty will be waived You may not make an election under this subsection you have Successfully completed this course within the preceding twelve i1; months or the citation requires a mandatory appearance before the Speci. Magistrate You may make no more than two (2) elections under th subsection Successful completion of the course does not constitute dismissal of any violation (NOTICE This citation is issued pursuant to Section 828 27 Florida Statute The violation for which you are charged is a civil infraction Your signature on this Signed. citation does not constitute an admission of a violation, however. willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree h bl ded 775 082 775 mall F S Date punrs a e as prove In or Please provide mailing address if different from the front side' I UNDERSTAND THAT. IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING. WHICH WILL NOT EXCEED S500. PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-38 1 UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY, FAILURE TO REQUEST A HEARING OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING; AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME I FURTHER UNDERSTAND THAT, IF ELIGIBLE, MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL GONSTIT TE A WAIVER OF MY IGHT .Signature (Recipient) Print fOf(icerl M RAMIREZ SUBMIT WRITTEN HEARING REQUEST, PAYMENT, OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS. WITHIN 20 DAYS, TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7810 Davis Blvd Naples, FL 34104 (239) 262-7387 Packet Pg. 83 7.A.11.a Sec. 14-35. - General violations. 1. It shall be unlawful for the owner of an animal to allow or permit his or her animal: A. To be upon the beaches of the county, whether fettered or unfettered, unless the area has been designated by the board as suitable for use by such animals, except for service animals as defined in F.S. § 413,08, or animals used by law enforcement officers or county ordinance enforcement personnel. L B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private CO property without the expressed or implied consent, subject to zoning, of the owner or any CD M lessee of such private property. N r- 0 C. To be upon public school grounds or public playground in the county, whether fettered or CN unfettered, except for service animals as defined in F.S. § 413.08. Cn o D. To enter any building where food is stored, prepared, served or sold to the public, or any c other public building or hall; provided, however, that this provision shall not apply to service 0 c animals as defined in F.S. § 413.08, to public buildings used for animal shows or exhibitions, M N or to dogs used for enforcement by any law enforcement officer or code enforcement officer. N w E. To be upon private or public property so as to damage or destroy an property of another p P P P P Y g Y YP P Y w v including, but not limited to, the unprovoked biting, attacking, or wounding of another N N person's animal(s) or thing of value. N L F. To defecate and create a sanitary nuisance thereon, including defecating upon roadways, a� m road rights -of -way, sidewalks, or other property. A sanitary nuisance exists whenever the c feces are not immediately removed and properly disposed. CO c G. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-way. M N a H. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right- Q of -way, persons lawfully on their own property, or persons lawfully on property of another Go c with permission of the owner or person in possession or control of the property. c I. It shall be unlawful for the owner, or any caretaker of an animal or animals to allow the M N N animal(s), to bark, meow, whine, howl, or to make other sounds common to the species, x LU w persistently or continuously for a period of 30 minutes or longer when the animal is not U r contained within an enclosure sufficient to baffle loud noises and render them reasonably c aD E unobjectionable. This subsection shall not apply to animals maintained on land zoned for agricultural purposes, nor shall it apply to a properly permitted animal shelter established for r a the care and/or placement of unwanted or stray animals, nor a properly zoned commercial boarding kennel or other animal facility. An owner or custodian of the animal(s), may be cited for a violation of this section when either the investigating officer has received, from at least two unrelated adult witnesses from different residences, a sworn affidavit of complaint attesting to the committing of a nuisance pursuant to such section or subsection, upon Packet Pg. 84 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27274) DOC ID: 27274 CEEX20230010039-DASV23-017858 Martinez CASE NO: CEEX20230010039-DASV23-017858 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(1). Failure to provide current County license for "Ace", fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: 7.A.12 Updated: 11/15/2023 11:39 AM by Helen Buchillon Page 1 Packet Pg. 85 7.A.12.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs JULIZA MARTINEZ, Respondent(s) NOTICE OF HEARING Case: CEEX20230010039-DASV23-017858 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Failure to License, Sec. 14-33(1) LOCATION OF VIOLATION: 5111 Quail Roost Rd, Immokalee, FL 34142 SERVED: Juliza Martinez, Respondent Kayla Fajardo, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, `,uld contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- -non as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the 4�Qcia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibies en la audiencia y usted sera pio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. a fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 86 7.A.12.a ANIMAL SERVICES VIOLATION VIOLATION V23-017858 ACTIVITY A23-004213 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUED TIME ISSUED 09/26/2023 5:49 pm 09/26/2023 I I 5:51 pm THE UNDERSIGNED OFFICER CERTIFIES THAT HE%SHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSONIS), OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW LAST NAME IFIRST NAME MIDDLE MARTINEZ JULiZA STREET ADDRESS APTILOT NO 5111 QUAIL ROOST RU CITY STATE ZIP IMMOKALEE FL 34142 PHONE DOB PERSONID (239) 371-2725 2/2/1996 P101221 ANIMAL NAME SEX TAG N ACE M BREED COLOR ANIMAL ID TERRIER BULLY BLUE GRIND AND A273657 AND DID COMMIT THE FOLLOMNG OFFENSES: Offense J Isl J 2nd J 3rd xt 4th OFFEr SE PRICE SEC. 14-33 (1) rcBe LOCATION OF VIOLATION: 51111 QUAIL ROOST RD IMMOKALEE OFFICER'S COMMENT&FACTS CONSTITUTING PROBABLE CAUSE Faflune to Provide Current County t icense for _Ace failure to provide proof of County License Licensed can be ;urciriased at Pet Data �vw___ _t�etdat�etdata.comrfor-pet-ownersrcli, . 1-877-201-666T 21 a-821. 3100 ❑ FORMAL WRITTEN WARNING ❑ NOTICE TO COMPLY - COMPLIANCE REQUIRED BY ❑ CITATION - IF NOT IN COMPLIANCE BY ❑ CITATION MANDATORY COURTAPPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED , • This citation is issued pursuant to Section 628 27 Florida Statute The violation for which you are charged is a civil infraction Your signature on this citation does not constitute an admission of a violation however wolfui refusal to sign and accept this citation is a misdemeanor of the 2nd degree, punishable as provided in 775.082 or 775 083. F S I UNDERSTAND THAT, IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING. WHICH WILL NOT EXCEED $500, PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-38 1 UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY FAILURE TO REQUEST A HEARING. OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME I FURTHER UNDERSTAND THAT, IF ELIGIBLE, MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL C NST TU=TE A WAIVER OF MY RIGHT r r Signature (Recipient) Print (Officer) K FA..;ARDO The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. INSTRUCTIONS FORMAL WRITTEN WARNING: No a0on necessary unless you elect t, contest the violation: violation will be recorded as a first offense. NOTICE TO COMPLY (NTC): You must provide proof of compliance within V days of issuam- to Collier County Domestic Animal Services (DAS) at thi location listed belovi. for v€olations of requirements to license vaccinate ceas+ tethering, andlor implementation of dangerous dog requirements Notice(s) ti Comply issued for violations of "Standards of Care" must be complied within thi time specified on the front of this notice If you fail to provide proof c compliance to OAS by date on front of this notice (15 days if blank) the NTC wi automaticalty become a citation you have 20 days after the compliance due data to select one of the citation options below A processing fee must be paid ti DAS, by due date, for each NTC issued for violations of licensing ani vaccination: failure to pay the processing fee(s) will result in the NT( becoming a citation; processing fee(s) must be paid, in person. at DAS. CITATION OPTIONS I have been informed of the cAtion of which I �a;e been charged and elect the following option U Pay the civil penalty - You may pay the amount indicated on the front side c this citation with any cost imptised by taw within 20 days of issuance J Contest the violation - You may contest the €olatian by submitting a vaittei request for a hearing before the Special Magistrate within 20 days of issuance Q Attend a "Responsible Pet Ownership" course - In lieu of paying the civ penalty above you may be eligible to attend a -Responsible Pet Ownership course. You will be responsible for any costs associated mitt attending thi Course You must register and pay for the course within tvrenty (20) days c receipt of this citation. By registering and paying for the course you waive you right to a hearing to contest the violation and it constitutes an admission of thi vwlation. The course must be successfully completed within ninety (90) days c receipt of this citation. Upon successful completion of the course the civ penalty will be .waived. You may not make an election under this subsection i you have successfully completed this course within the preceding twelve (12 months or the citation requires a mandatory appearance before the Specii Magistrate You may make no more than ttvo (2) elections under thi subsection Succetsfui completion of the course ones not constitute dismissal of any violation Signed Date Please provide mailing address if different from the front side SUBMIT WRITTEN HEARING REQUEST. PAYMENT, OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS, WITHIN 20 DAYS, TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7610 Davis Blvd Naples, FL 34104 (2391262-7387 Packet Pg. 87 7.A.12.a Sec. 14-33. - County Rabies/License certificate; tags, vaccination required. 1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal when the animal is four months old or older. A. In the case of a newly acquired dog or cat, the Owner shall obtain a County rabies/license tag within fifteen (15) days of acquisition. B. In the case of a new resident to the County, the Owner shall obtain a County rabies/license tag within fifteen (15) days of establishing residency. C. No County rabies/license tag for dogs or cats shall be issued or renewed by a veterinarian or authorized agent until evidence of vaccination for rabies by a licensed veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians/clinics may have available for purchase by the dog or cat owner, a County rabies/license tag. The County rabies/license tag will be valid for a period of one (1) or three (3) years from the date of vaccination, depending on the expiration date of the rabies vaccination the animal receives, and is required to be renewed annually or triennially thereafter and must remain current at all times. No County rabies/license tag shall be valid after the expiration of the rabies vaccination, regardless of the date of issuance. Failure to secure and purchase a new County rabies/license tag within thirty (30) calendar days after the previous tag expires will result in a late penalty established and revised by resolutions adopted by the Board of County Commissioners. D. The record corresponding to the County rabies/license tag shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. E. A tag designating the license number shall be issued. F. All dogs shall be required to wear a valid County rabies/license tag. The tag shall be affixed to the dog's neck by a collar, harness, or other substantial device at all times, except when the animal is confined in a secure enclosure, as long as the tag is securely fastened to a collar/harness and that device is attached to the enclosure, except when a dog is securely confined in the residence. Dogs participating in a registered match, confirmation show, field trial, or obedience trial are not required to wear such tags during the time of the event. G. All cats, other than community cats, shall be required to wear a valid County rabies/license tag. The tag shall be securely fastened around the cats neck by a collar, harness or other substantial device so as to be clearly visible at all times. Cats, other than community cats, may be exempt from wearing the required license tag while kept in a secure enclosure as long as the tag is securely attached to the enclosure or while within the owner's residence as long as the tag is provided to an officer upon request. H. The County rabies/license tag issued under this section shall not be transferable from animal to animal or from owner to owner. Packet Pg. 88 7.A.12.a I. Each County rabies/license tag must be obtained from persons designated by the Director. License forms provided by the Director for the registration and licensing of dogs and cats shall be completed and be submitted to the Director. J. A replacement tag must be purchased and in place within fifteen (15) calendar days if the original tag is lost, misplaced, or stolen at a reduced amount as established by resolution of the Board of County Commissioners. K. Veterinarians and authorized agents are authorized to sell dog County rabies/licenses and cat County rabies/licenses and cannot charge more for the tag than is established and revised by resolutions adopted by the Board of County Commissioners. The veterinarian and authorized agents must submit payment to Animal Services for each tag sold during the previous 30 days. Veterinarians and authorized agents are authorized to charge a surcharge for this service. The amount of the authorized surcharge is established and revised by resolutions adopted by the Board of County Commissioners. County rabies/license tags will be furnished by the County to the veterinarian and authorized agents. L. Veterinarians and authorized agents must keep complete and accurate records of tags sold and on hand as inventory. All theft or loss must be reported immediately to the proper authority and a copy of the official law enforcement report must be provided to Domestic Animal Services. Unexplained shortages/losses of tags, or sale(s) of tags at the incorrect price(s), are the responsibility of the Veterinarians and authorized agents. M. License fees are not required for Police Working Dogs; but such animals must be licensed and must have received their rabies vaccination. In order to receive these license tags at no charge, the owner must have the animal licensed through animal services. Police working dogs vaccinated anywhere else will be liable to pay the surcharge imposed by the veterinarian only. Packet Pg. 89 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27276) DOC ID: 27276 CEEX20230010089-DASV23-017859 Martinez CASE NO: CEEX20230010089-DASV23-017859 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to provide current rabies vaccination certificate for "Ace" fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: 7.A.13 Updated: 11/15/2023 11:47 AM by Helen Buchillon Page 1 Packet Pg. 90 7.A.13.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs JULIZA MARTINEZ, Respondent(s) NOTICE OF HEARING Case: CEEX20230010089-DASV23-017859 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Failure to Vaccinate, Sec. 14-33(2) LOCATION OF VIOLATION: 5111 Quail Roost Rd, Immokalee, FL 34142 SERVED: Juliza Martinez, Respondent Kayla Fajardo, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. N N C ca LO w ti r O c%4 N Cn a 0 w O O r O O M N O N X w w U co ti N ti N Packet Pg. 91 7.A.13.a ANIMAL SERVICES VIOLATION VIOLATION V23-017859 ACTIVITY. A23-004213 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUEO TIME ISSUED 09/26/2023 5:49 pm 09,26/2023 5;51 prn THE UNDERSIGNED OFFICER CERTIFIES THAT HEiSHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON($) OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW: LAST NAME FIRST NAME MIDDLE MARTINEZ JULI7-A STREET ADDRESS APTILOT NO 5111 QUAIL ROOST RD CITY STATE Zip IMMOKALEE FL 34142 PHONE DOE PERSONID (239) 371-2725 21211996 P1a1221 ANIMAL NAME SEx TAG a ACE M BREED ICOLOR ANIMAL ID TERRIER BULLY BLUE 13RIND AND A273657 AND DID COMMIT THE FOLLOWING OFFENSES: Offense -j Ist J 2nd J 3rd Al 4th OFFENSF PRICE SEC. 14-33 (2) LOCATION OF VIOLATION: 51111 QUAIL ROOST R❑ iMMOKALEE OFFICER'S COMMENTSiFACTS CONSTITUTING PROBABLE CAUSE Fail r o Prow CurtgnLRabies `daccination Certificate for; Ace J FORMAL WRITTEN WARNING J NOTICE TO COMPLY - COMPLIANCE REQUIRED BY. J CITATION - IF NOT IN COMPLIANCE BY CITATION tl MANDATORY COURT APPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED ii?r�Cgl Ti,-.-. citation is Issued pursuant to Section 82827 Florida Statute The vici:=.ti'Jn for which you are charged is a civil infraction Your signature on this citation does not constitute an admission of a violation. however willful refusal to sign and accept this citation is a misdemeanor of the 2nd degree, punishable a-, provided in 775 082 or 775.083 F S. I UNDERSTAND THAT IF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR THE ADMINISTRATIVE COST OF THE HEARING WHICH WILL NOT EXCEED $500 PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-n- I UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY. FAILURE TO REQUEST A HEARING, OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME. I FURTHER UNDERSTAND THAT IF ELIGIBLE. MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL Cr--- "iJZE A WAIVER OF MY -RIGHT Signature (Recipient) 4699 Print (OfflcwI K FAJARDO The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required, INSTRUCTIQNS FORMAL WRITTEN WARNING: No action necessary, unless you elect contest the violation; violation will be recorded as a first offense NOTICE TO COMPLY (NTC): You must provide proof of compliance within 1 days of issuance to Collier County Domestic Animal Services (DAS), at th location listed below, for violations of requirements to license, vaccinate, ceas tethering. and;or implementation of dangerous dog requirements. Notice(s) t Comply issued for violations of "Standards of Care" must be complied within th time specified on the front of this notice If you fail to provide proof c compliance to DAS by date on front of this notice (15 days if blank). the NTC wi automatically become a citation. you have 20 days after the compliance due dat to select one of the citation options below A processing fee must be paid t� DAS. by due date, for each NTC issued for violations of licensing an, vaccination: failure to pay the processing feels) will result in the NT( becoming a citation: processing feels) must be paid. in person. at DAS, CITATION OPTIONS I have been informed of the violation of which I have been charged and elect tiff follovring option Pay the civil penalty - You may pay the amount Indicated on the front side r this citation with any cost imposed by law within20 days of issuance :3 Contest the violation • You may contest the violation by submitting a writte request for a hearing before the Special Magistrate within 20 days of issuance. Q Attend a "Responsible Pet Ownership" course - In lieu of paying the cue penalty above, you may be eligible to attend a "Responsible Pet OwnershiG course You will be responsible for any costs associated with attending th course You must register and pay for the course within twenty (20) days c receipt of this citation. By registering and paying for the course you waive yot right to a hearing to contest the violation and it constitutes an admission of th violation The Course must be successfully completed within ninety (90) days c receipt of this citation Upon successful completion of the course the ci% penalty will be waived. You may not make an election under this subsection you have successfully completed this course within the preceding twelve (1. months or the citation requires a mandatory appearance before the Speci; Magistrate You may make no more than two (2) electrons under thi subsection Successful completion of the course does not constitute dismissal of any violation. Signed Date. Please provide mailing address if different from the front side - SUBMIT WRITTEN HEARING REQUEST. PAYMENT. OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS. wtTHIN 20 DAYS, TO: COLLIER COUNTY DOMESTIC ANIMIAL SERVICES 7610 Davis Blvd Naples, FL 34104 (239)262-7387 Packet Pg. 92 7.A.13.a Sec. 14-33. - County Rabies/License certificate; tags, vaccination required. 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this Ordinance. Animal services may deny issuance of a County rabies/license tag to any animal without a current rabies vaccination. No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. Packet Pg. 93 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27277) DOC ID: 27277 CEEX20230010090-DASV23-017860 Martinez CASE NO: CEEX20230010090-DASV23-017860 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(1). Failure to provide current County license for "Dutchess" fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: 7.A.14 Updated: 11/15/2023 11:42 AM by Helen Buchillon Page 1 Packet Pg. 94 7.A.14.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS JULIZA MARTINEZ, Respondent(s) NOTICE OF HEARING Case: CEEX20230010090-DASV23-017860 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Failure to License, Sec. 14-33(1) LOCATION OF VIOLATION: 5111 Quail Roost Rd, Immokalee, FL 34142 SERVED: Juliza Martinez, Respondent Kayla Fajardo, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma angles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con [as comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri Mini avek you intepret you pale you-ou. N d C 0 0 0 ti r 0 M Q 0 0 rn 0 0 0 0 cM N 0 N X w w U N N Packet Pg. 95 7.A.14.a ANIMAL SERVICES VIOLATION VIOLATION. V23-017860 ACT€Vt1-Y A23-004213 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUED TIME ISSUED 09/26/2023 5A9 pm09,26,2023 I 5:51 pm THE UNDERSIGNED OFFICER CERTIFIES THAT HE`SHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON(S) OR ENTITY HAS COMMITTED THE VIOLATION STATED RFLOW LAST NAME FIRST NAME MIDDLE MARTINEZ JULIZA STREET ADDRESS APT.'LOT NO 5111 QUAIL ROOST RD CITY STATE ZIP IMMOKALEE EL 34142 PHONE 008 PERSON O (239) 371-2725 21211996 P 10 ; 221 ANIMAL NAME SEX TAG p DUTCHESS F L21-OM123 BREED COLO ANIMAL ID TERRIER BULLY GRARY AND BROWN IA268208 AND DID COWAT THE FOLLONNG OFFENSES. Offense J tsl -1 210 -1 Jrrt M'th OFFENSE I PRICE SEC. 14-33 (1) LOCATION OF VIOLATION: 51111 QUAIL ROOST RD IMMOKALEE OFFICER'S COMMENT&FACTS CONSTITUTING PROBABLE CAUSE Fa=lure to Provide Current Couriry 'License for Dutchess faik;re to proircte proof gf County license Licenses :an _be___ x rct?ased �at _Pet Data mwvpetdata com4or-pet-ow erVcll: 1-877-20' 6667. 214-821 3100 FORMAL WRITTEN WARNING NOTICE TO COMPLY - COMPLIANCE REQUIRED BY CITATION - IF NOT IN COMPLIANCE 8Y ❑ CITATION n MANDATORY COURT APPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED tLoj&k This citatk:n is issued pursuant to Sect?on 628.27 Florida Statute The violation for evhich you are charged is a civil infraction Your signature on this citation does not constitute an admission of a violation, however willful refusal to sign and accept this citation is a misdemeanor of the end degree, punishable as provided in 775 082 or 775 083 F S I UNDERSTAND THAT, IF THE DECiSiON OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE. THEN I MAY BE RESPONSIBLE FOR THE COST -,-,IF THE HEARING, WHICH WILL NOT EXCEED SSW PURSUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES I A-38 I UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY, FAILURE TO REQUEST A HEARING, OR FAILURE TO ATTEND A REQUESTED HEARING WILL CONSTITUTE A WAIVER OF M i RrGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME I FURTHER UNDERSTAND THAT IF ELIGIBLE MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL 'ON"TITUTE A WA€'vER GF MY R€GHT Signature (Recipient) Print (Officer) K. FAiRRDO The violations listed on the front side of this forrin may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. IN$ RQCTIONs FORMAL WRITTEN WARNING: No action necessary, unless you elect u contest the violation. violation ;vill be recorded as a first offense NOTICE TO COMPLY INTC): You must provide proof of Cornpliance within 1 days of issuance to Collier County Domestic Animal Services (DAS). at thi location listed below for ociiatior*s of requxements to li; ,ruse vaccinate ceav tethering- anclor imp€ementatron of dangerous dog requirements Noticelsi ti Comply issued for violations of "Standards of Care" must be camp€ied within IN time specified on the front of this notice If you fail to provide proof o compliance to OAS by date on front of this notice (15 days if blank; the NTC wi automatically become a citation, you have 20 days after the compliance due dab to select one or the citation options beto+v A processing fee must be paid I( ETAS. by due date. for each NTC issued for violations of licensing an( vaccination: tailure to pay the processing fee(s) will result in the NT( becoming a citation: processing tee(s) must be paid. in person, at OAS. CITATION OPTIONS I have Meer, informed of the violation of which I have been charged and elect the foiilowing option J Pay the civil penalty - You may par the amount Indicated on the front side c this Citation with any cost Imposed by law within 20 days of issuance Contest the violation - You may contest the violation by Submitbrig a writter request for a hearing before the Special Magistrate within 20 days of issuance J Attend a "Responsible Pet Ownership" course - in I:ei i ct paying the C�. penalty above you may be e{igibie to attend a -Responsible Pet Ownership course You will be responsibie for any costs associates ,vilh attending thi course. You must register and pay for the course within twenty (20) days o receipt of this citation By registering and paying for the course you waive you right to a hearing to contest the violation and it constitutes an admission of IN violation The course must be successfully completed within ninety i901 days o receipt of this citation Upon successful completion of the course. the civi penalty will be waived You may not make an election under this subsection I you have successfully completed this course within the preceding twelve i12 months or the citation requires a mandatory appearance before the Specia Magistrate You may make no more than two (G) elections under thr• subsection Successful completion of the course ones not constitute dismissal of any violation Signed Date — --- Please provide mailing address if different from the front side SUBMIT WRITTEN HEARING REQUEST. PAYMENT. OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS. WITHIN 20 DAYS, TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7610 Davis Blvd Naples, FL 34104 (239) 252-7387 Packet Pg. 96 7.A.14.a Sec. 14-33. - County Rabies/License certificate; tags, vaccination required. 1. Any owner of a dog or cat shall obtain a County rabies/license tag for each such animal when the animal is four months old or older. A. In the case of a newly acquired dog or cat, the Owner shall obtain a County rabies/license tag within fifteen (15) days of acquisition. B. In the case of a new resident to the County, the Owner shall obtain a County rabies/license tag within fifteen (15) days of establishing residency. C. No County rabies/license tag for dogs or cats shall be issued or renewed by a veterinarian or authorized agent until evidence of vaccination for rabies by a licensed veterinarian has been presented. Upon vaccinating a dog or cat against rabies, authorized veterinarians/clinics may have available for purchase by the dog or cat owner, a County rabies/license tag. The County rabies/license tag will be valid for a period of one (1) or three (3) years from the date of vaccination, depending on the expiration date of the rabies vaccination the animal receives, and is required to be renewed annually or triennially thereafter and must remain current at all times. No County rabies/license tag shall be valid after the expiration of the rabies vaccination, regardless of the date of issuance. Failure to secure and purchase a new County rabies/license tag within thirty (30) calendar days after the previous tag expires will result in a late penalty established and revised by resolutions adopted by the Board of County Commissioners. D. The record corresponding to the County rabies/license tag shall contain the name of the owner, address, breed, sex and color of each animal, or other descriptive data. E. A tag designating the license number shall be issued. F. All dogs shall be required to wear a valid County rabies/license tag. The tag shall be affixed to the dog's neck by a collar, harness, or other substantial device at all times, except when the animal is confined in a secure enclosure, as long as the tag is securely fastened to a collar/harness and that device is attached to the enclosure, except when a dog is securely confined in the residence. Dogs participating in a registered match, confirmation show, field trial, or obedience trial are not required to wear such tags during the time of the event. G. All cats, other than community cats, shall be required to wear a valid County rabies/license tag The tag shall be securely fastened around the cat's neck by a collar, harness or other substantial device so as to be clearly visible at all times. Cats, other than community cats, may be exempt from wearing the required license tag while kept in a secure enclosure as long as the tag is securely attached to the enclosure or while within the owner's residence as long as the tag is provided to an officer upon request. H. The County rabies/license tag issued under this section shall not be transferable from animal to animai or from owner to owner. Packet Pg. 97 7.A.14.a I. Each County rabies/license tag must be obtained from persons designated by the Director. License forms provided by the Director for the registration and licensing of dogs and cats shall be completed and be submitted to the Director. J. A replacement tag must be purchased and in place within fifteen (15) calendar days if the original tag is lost, misplaced, or stolen at a reduced amount as established by resolution of the Board of County Commissioners. K. Veterinarians and authorized agents are authorized to sell dog County rabies/licenses and cat County rabies/licenses and cannot charge more for the tag than is established and revised by resolutions adopted by the Board of County Commissioners. The veterinarian and authorized agents must submit payment to Animal Services for each tag sold during the previous 30 days. Veterinarians and authorized agents are authorized to charge a surcharge for this service. The amount of the authorized surcharge is established and revised by resolutions adopted by the Board of County Commissioners. County rabies/license tags will be furnished by the County to the veterinarian and authorized agents. L. Veterinarians and authorized agents must keep complete and accurate records of tags sold and on hand as inventory. All theft or loss must be reported immediately to the proper authority and a copy of the official law enforcement report must be provided to Domestic Animal Services. Unexplained shortages/losses of tags, or sale(s) of tags at the incorrect price(s), are the responsibility of the Veterinarians and authorized agents. M. License fees are not required for Police Working Dogs; but such animals must be licensed and must have received their rabies vaccination. In order to receive these license tags at no charge, the owner must have the animal licensed through animal services. Police working dogs vaccinated anywhere else will be liable to pay the surcharge imposed by the veterinarian only. Packet Pg. 98 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27278) DOC ID: 27278 CEEX20230010093-DASV23-017861 Martinez CASE NO: CEEX20230010093-DASV23-017861 OWNER: Juliza Martinez OFFICER: Kayla Fajardo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2). Failure to provide current rabies vaccination certificate for "Dutchess" Fourth offense. FOLIO NO: PROPERTY 5111 Quail Roost Rd, Immokalee, FL 34142 ADDRESS: 7.A.15 Updated: 11/15/2023 11:45 AM by Helen Buchillon Page 1 Packet Pg. 99 7.A.15.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs JULIZA_MARTINEZ, Respondent(s) Case: CEEX20230010093-DASV23-017861 2 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 0744, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: DAS Failure to vaccinate Sec.14-33(2) LOCATION OF VIOLATION: 5111 Quail Roost Rd, Immokalee, FL 34142 SERVED: JULIZA MARTINEZ, Respondent Kayla Fajardo Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E„ Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no reran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 100 7.A.15.a ANIMAL SERVICES VIOLATION VIOLATION V23-017861 ACTIVITY A23-004213 DATE OF OFFENSE TIME OF OFFENSE DATE ISSUED TIME ISSUED 09/26/2023 5:49 pm 09/2612023 5:51 pm THE UNDERSIGNED OFFICER CERTIFIES THAT HErSHE HAS JUST AND REASONABLE CAUSE TO BELIEVE AND DOES BELIEVE THAT THE NAMED PERSON(Sj OR ENTITY HAS COMMITTED THE VIOLATION STATED BELOW. LAST NAME FIRST NAME MIDDLE MARTINEZ JULIZA STREET ADDRESS APTILOT NO 5111 QUAIL ROOST R© CITY STATE ZIP IMMOKALEE FL 34142 PHONE DOB PERSON ID (239) 371-2725 2/2/1996 P 1 u 1221 ANIMAL NAME SEX TAG N DUTCHESS F L21-000123 BREED COLOR ANIMAL 10 TERRIER BULLY GRAY AND BROWN A268208 AND DID COMMIT THE FOLLOWING OFFEN5ES: Offense J 1st .J Ifni -i 3ra m Mh OFFENSE PRICE SEC. 14-33 (2) LOCATION OF VIOLATION 51111 QUAIL ROOST RD iMMOKALEE OFFICER'S COMMENTSIFACTS CONSTITUTING PROBABLE CAUSE i4u,e to Provide Current Rabies'faccin or: C ttificat,,_.. t: tof�igtc,-,ttess U FORMAL WRITTEN WARNINIG Ll NOTICE TO COMPLY - COMPLIANCE REQUIRED BY D CITATION - IF NOT IN COMPLIANCE BY Ll CITATION E) MANDATORY COURTAPPEARANCE TOTAL CIVIL PENALTY DUE TO BE DETERMINED 2�0 This citation is sssued pursuant to Section 82827 Florda Statute 7hv violation for which you are charged is a civil infraction Your signature on this citation does not constitute an admission of a violation, however, willful refusal to sign and accept this cilatiov is a misdemeanor of the 2nd degree punishable as provided rn 775 0K or 775 M3 F S I UNDERSTAND THAT, iF THE DECISION OF THE ISSUING OFFICER IS AFFIRMED BY THE SPECIAL MAGISTRATE, THEN I MAY BE RESPONSIBLE FOR 7HE ADNflllIc17gA- vE `;OST OF THE HEARING. WHICH WILL NOT EXCEED $500 PUR-BUANT TO COLLIER COUNTY CODE OF LAWS AND ORDINANCES 14-38. 1 UNDERSTAND THAT THAT MY FAILURE TO PAY THE CIVIL PENALTY, FAILURE TO REQUEST A HEARING. OR FAILURE TO ATTEND A REQUESTED HEARING W1L CONSTITUTE A WAIVER OF MY RIGHT TO A HEARING AND ADDITIONAL FINES OR LEINS MAY BE ENTERED AGAINST ME. I FURTHER UNDERSTAND THAT, IF ELIGIBLE. MY ELECTION TO ATTEND THE RESPONSIBLE PET OWNERSHIP COURSE WITHIN THE TIME PERIOD STATED ON THIS NOTICE WILL ON TITUTE A WAIVER OF MY RIGHT Signature (Recipient; Print (Officer) K FAJARDO The violations listed on the front side of this form may be satisfied by complying with any Notice to Comply requirements and/or paying the penalty listed on the front, unless a mandatory appearance is required. tN TRR CTIQNS FORMAL WRITTEN WARNING: No action necessary unless you erect tc contest the violation, violation will be recorded as a first offense NOTICE TO COMPLY (NTC): You must provide proof of compliance within I! hays of Issuance to Collier County Domestic Animal Services (DAS). at the location listed below. tor violations of requirements to license vaccinate. ceasr tethering, andior implementation of dangerous dog requirements Ncttce(s) t( Comply issued for violations o! ..Standards of Care" must be complied within thr time specified on the front of this notice If you fail to provide proof o compliance to OAS by date on front of this notice (IS days if blank), the N TC wil automatically become a citation you have 20 days after the compliance due datt to select one of the citation options belovr. A processing fee must be paid R OAS, by due date, for each NTC issued for violations of licensing ant vaccination: failure to pay the processing feels) will result in the NTC becoming a citation; processinq fees) must be paid, in person, at OAS. CITATION OPTIONS I have been informed of the violation of vlhicn 1 r•,a,e been charged and elect the following option J Pay the civil penalty - "ou may pay The amount indicated on the front side c this citation with any cost imposed by law within 20 days of issuance Contest the violation - You may contest the violation b; submitting a iint'.e- request for a hearing before the Special Magistrate within ?C; days of issuance 3 Attend a "Responsible Pet Ownership" course - In iieu of paying the civi penalty above. you may be eligible to attend a "Responsible Pet Ownership course You will be responsible for any costs associated with attending thi course_ You must register and pay for the course within Nventy (20) days o receipt of this cifaAon By registering and paying for the course yuu waive you right to a heai ing to contest the violation and it constitutes an admission of thi violation The course must be successfully completed within ninety (90) days o receipt of this citation Upon successful completion of the course. the ctv penalty wilt tm waived You may not make an election under this subsection I you have successfully Completed this course within the preceding twelve (12 months or the citation requires a mandatory appearance before the Specia Magistrate You may make no more than two i2) eiections under thn subsection Successful completion of the course does not constitute dismissal of any violation Signed. Date ^ease provide mailing address it diiferani friar ; -he front side SUBMIT WRITTEN HEARING REQUEST, PAYMENT. OR REQUEST TO ATTEND REPONSIBLE PET OWNERSHIP CLASS. WITHIN 20 DAYS. TO: COLLIER COUNTY DOMESTIC ANIMAL SERVICES 7610 Davis Blvd Naples, FL 34104 (239) 252-7387 Packet Pg. 101 7.A.15.a Sec. 14-33. - County Rabies/License certificate, tags, vaccination required. 2. Any owner of a dog, cat, or ferret shall have such animal vaccinated annually for rabies when the animal is four months old or older. The owner of every dog, cat, and ferret shall have the animal revaccinated 12 months after the initial vaccination. Thereafter, the interval between vaccinations shall conform to the vaccine manufacturer's directions. Every owner shall provide proof of vaccination upon demand of the health officer or his designee or any other person authorized to enforce this Ordinance. Animal services may deny issuance of a County rabies/license tag to any animal without a current rabies vaccination, No vaccination is required if a licensed veterinarian certifies in writing that the vaccination would endanger the animal's health. 2 Packet Pg. 102 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27229) DOC ID: 27229 CEAU20210004410 Leon CASE NO: CEAU20210004410 OWNER: Camilo Leon and Teresa Leon OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code Section 10.02.06(B)(1)(a), and Florida Edition (2020), Chapter 1, Section 105.1. PRBD20200310510 and rejected PRBD20210520341. FOLIO NO: 38966560009 PROPERTY 2740 50t' Ave NW, Naples, FL 34113 ADDRESS: 04-41, as amended, Building Code 7"' Expired fence permit Building Permit 8.B.1 Updated: 11/20/2023 1:00 PM by Miriam Lorenzo Page 1 Packet Pg. 103 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEAU20210004410 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CAMILO LEON AND TERESA LEON, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 105.1 and 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2740 50th AVE NE, Naples, FL 34113 SERVED: CAMILO LEON AND TERESA LEON, Respondent Sherry Patterson. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the Hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis or Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonabie accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un meior entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. 0 m J 0 0 0 0 N O N Q w U a� N N t` N C 0 m J 0 v 0 0 0 N O N Q w U _ a� E c� r a Packet Pg. 104 INSTR 6390969 OR 6237 PG 2536 RECORDED 4/18/2023 1:47 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORTDA REC $27.00 8.B.1.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, f �s vs. CAMILO & TERESA LEON Respondent. Case No. CEAU20210004410 ORI_F.R OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on January 6, 2023, and the Special Magistrate, having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Corns lusions of Law and Order of the Special Magistrate, as follows: l FINDINGS OF FAcrland CONCLUSIONS OF LAW r ,' l r 1. Respondents, Cam ilo and Teresa Leon are`the owners of the property located at 2740 50' Ave NW, Naples, FL 34113, Folio 389665fi0QD9r. 2. Respondents were duly notified of the date of fie �y certified mail and posting and Teresa Leon and Camilo Leon were not present at cite hearing. 3. Respondents have stipulated to the fact that the property.j5 in violation of Collier County Land Development Code 04-41, as amended, Section Tb.02.06(B)(1)(a) and Florida Building Code, 7`s Edition, (2020), Chapter 1, Section 105.1 to wit 9,xpired fence permit P1tBD202003105 10 and rejected Building Permit PRBD2b210J20341. 4. The violation has not been abated as of the date of the public hearing. i i ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pyrsuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondents are found guilty of violation of Collier Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code, 7`h Edition, (2020), Chapter 1, Section 105.1 to wit expired fence permit PRBD20200310510 and rejected Building Permit PRBD20210520341. Packet Pg. 105 OR 6237 PG 2537 8.B.1.a B. Respondents are ordered to pay operational costs in the amount of S111.70 incurred in the prosecution of this case within thirty (30) calendar days from the date of this hearing (February 5, 2023). C. Respondents must abate the violation by obtaining all required Collier County Building Permit(s) or Demolition Permits, inspections and Certificate of Completion/Occupancy for the expired fence permit PRBD20200310510 and rejected Building Permit PRBD20210520341 within sixty c2lcndae166�0ays of the date of this hearing (NIarch 7, 2023) or a fine of S100.00 per day will be imposedyntil the violation is abated. f 1 D. Respondents shal"otify the Code Enforcement Investigator within 24 hours of abatement or compliance in order far the County to conduct a final inspection to confirm abatement. E. If Respondents fail to abate the violation and comply with this Order, the Collier County Code Enforcement Department nay abate the violation using any appropriate method to bring the violation into complianceIf necessary, the County may request the services of the Collier County Sheriff's Office in order to acesss 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 6th day of )anuw7 2023, at Naples, Collier County, Florida. If. �r COL41ER COUNTY ENFORCEMENT SPECIAL/ MAG d� hh.�M7r axhly N,mS $ .:: re ualxnC(+t (ii�NO'i. y�ortt.'d �, u r! he original ''cs r'41C-N1%ly, F ?, GY t �, D�q>MI CfaSc Dala. 1 I +t Pat . Neale, � I tt raL� � PAYMENT OF'AWS: Any fines ordered to be paid pursue to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe lJriv`e�Na,les, FL 34104, phone # (239) 252 2440 or % ww.collier'countvn.gov. Any release of lien or confirmatit�n of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at tjiis location. I r APPEAL: Any aggrieved party may appeal a final order of the Speciaj I`�agistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall *t be a hearing de novo but shall be limited to appellate review of the record created within the ori&a 'caring. It is the responsibility of the appealing party to obtain a transcribed record of the hearing fro the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE .1 I HEREBY CERTIFY that a true and corfNct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 21a day of n 2023 to Respondents, Camilo and Teresa Leon, 2740 50"' Ave NW, Naples, FL 341 13 Code Enforcement fficial Packet Pg. 106 *** OR 6237 PG 2538 *** 8.B.1.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CAMILO & TERESA LEON Case No. CEAU20210004410 i F(espondenl(s), ' STIPULATION/AGREEMENT Before me, the undersigned, ` on behalf of Camilo &Teresa Leon, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEAU20210004410 dated the 41h day,, of November 2021. 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. i 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 January, 6y 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 l3 spondent shall. 1) Pay operational costs in the amount of $111.70_06urfed in the prosecution of this case within 30 days of this hearing. / 2) Abate all violations by: j Obtaining all required Collier County Building Permit(s) or Dernolilion permits, inspections, and Certificate of Completion/Occupancy for expired Fence Permit PR8020'200310510 and rejected Building Permit PRBD20210520341 within 60 days of this hearing or a fine of P00.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abdfeme{ t of the violation and request the Investigator perform a site inspection to confirm compliance. _ (24 hours notae Mall be by phone or fax and made durmq the workweek_ tr She violator% is abated 24 hgd`r7 prW to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that Is nut a Saturday. Sunday or legal botchy ) ` 4) That if the Respondent fails to abate the violation the County may abate t�e violation using any method to bring the violation into compliance and may use the assistance of the Coll ier_.County Sheriffs Office to enforce th ' ns of this agreement and all costs of abatement shall be assessed to the property �&t or Representative (si9n) Supervisor for Michael Ossorio, Director Cade Enforcement Division Respo den or Representative (print) —of O Iql Date( Date 115 ,a3 _ REV 3- 24-16 Packet Pg. 107 8.B.1.a COLLIER COUNTY. FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CEAU20210004410 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. LEON, CAMILO & TERESA, Detendant(s) STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority. personally appeared Sherry Patterson, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on January 06, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants) was to as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator_ 3. That a re -inspection was perfonned on March 9th 2023 That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Collier County Building Pcrmit(s), or Demolition Permits, inspections and Certificate of Completion/Occupancy for the expired fence permit PRBD20200310510 and rejected Building Permit PRBD20210520341 has not been obtained. FURTHER AFFIANT SAYETH NOT. DATED this I Oth day of March. 2023, COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE S1raty P414ni K Sherry Patterson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swornto ( ffirn ed) ands scribed before me by means of _✓physical presence or online notarization, this li Xtiay frr. O by Sherry Patterson (Sign re of N P bb0) fir„ S51Gtt # GL �.r.•_ EXPiRES: june :a (PrinuTypeJSta re of Notary Public) Personally known V Packet Pg. 108 8.B.1.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. %S. Case No. CEAU20210004410 CAMILO LEON and TERESA LEON Respondents. 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 August 4. 2023. and the Special Magistrate. having heard argument respective to all appropriate matters. hereupon issues his Findings of Fact. Conchisions of Law and Order of the Special Magistrate. as follo„s: FINDINGS OF FACT and CONCLUSIONS OF LAW I . Respondents. Camilo Leon and Teresa Leon are the owners of the property located at 2740 50th Ave NE, Naples, FL 34113, Folio 38966560009, 2. On January 6. 2023 owners were found guilty of Florida Building Code. 7th Edition (207.0). Chapter 1. Section 105.1. and Collier County Land Development Code 04-41. as amended. Section 10.02.06(Bx I xa), to %% it expired fence permit PRBD20200310510 and Rejected Building Permit PRBD20210520341. 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 nine of S 100.00 per day would be assessed for any violation that continues thereafter until abatement is confmned. The Order is recorded at Collier County Records, OR 6237 PAGE 2536. 4. On May 5. 2023 Respondents were granted a Continuance for 90 days, until August 3, 2023 Fines continued to accrue. 1. The violation has not been abated as of the date of the public hearing. 6. Previously assessed operational costs of $111.70 have been paid. 7. Respondents were duly noticed for the public hearing regarding the County's Motion and Teresa Leon was present at the public hearing. 8. Respondent and Petitioner presented sworn testimony that the violation was partially abated and a ne%% permit %%ati being applied for to complete abatement. It was stated that approval of Packet Pg. 109 the nen permit and abatement will take at least sixty (60) days. 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 (if Law. and pursuant to the authorit-, granted in Chapter 162. Florida Statutes. and Collier County Ordinance No. 0744. as amended. IT IS HEREBY ORDERED: A. Respondents are granted a continuance for sixty --three (63) calendar days until the October Special Magistrate's hearing (Cktober 6, 2023) for further consideration of this matter. B. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 4th day of August, 2023, at Naples, Collier Counh., Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Patrick Neale, Esq. Executed b�:._ f/ Special Magistrate Patrick H. Neale on + . 2023, C- r Filed %%ith the Secrelan- to the Special Magistrate on .2023 by PAYMENT OF FINES: Any tines ordered to be paid pursuant to this order may be pa at the Collier Counts Code Enforcement Division. 2800 North Horseshoe Dri%e. Naples. FL 34104. phone # (239) 252- 2440 or N>w.4.colliercountyfl.t;t,s. 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 par may appeal a final order of the Special Magistrate to the Circuit Court within thirts (30) days of the execution of the Order appealed. An appeal shall not be a hearing de noyo but shall he limited to appellate review ofthe record created within the original hearing. It is the responsibility ofthe appealing party to obtain a transcribed record ofthe hearing from the Clerk of Courts. Filing a Notice of Appeal sill not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE. has been sent by U.S. Mail on this av of11414,W12023 to Respondents. Camilo Leon and Teresa Leon. 2740 501'1 Ave NE, Naples. FL 34113. Code Enforc ient icial Packet Pg. 110 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. VS. CAMILO AND TERESA LEON Respondent. Case No. CEAU20210004410 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 May 5.2023, 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 I . Respondents, Camile and Teresa Leon are the owners of the property located at 2740 50th Ave NW, Naples, FL 34113, Folio 38966560009, 2. On January 6, 2023 owners were found guilty of Collier County Land Development Code 04- 41, as amended, Section 10.02.06(B)(1)(a) and Florida Building Code. 7th Edition (2020), Chapter 1, Section 105.1, to wit expired Fence Permit PRBD202003105 10 and rejected Building Permit PRBD20210520341. 3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before March 7, 2023 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6237 PAGE 2536. 4. The violation has not been abated as of the date of the public hearing. S. Previously assessed operational costs of $111.70 have been paid. 6 Respondents were duly noticed for the public hearing regarding the County's Motion and Respondents were present at the public hearing. Respondents presented sworn testimony as to extenuating circumstances to justify denying the Petitioner's current motion and continuing this matter until a later hearing for determination of appropriate penalties. Packet Pg. 111 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended, has been tiled. 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 DENIED and Respondents are granted a continuance for ninety (90) calendar days (August 3, 2023) of this matter. B. Fines continue to accrue. C. 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 o.vner and may become a lien on the property. DONE AND ORDERED this Sth day of May, 2023, at Naples, Collier County, Florida. COLLIER COUNTY COVE EN SPECIAL MAfd ' F at+r cI ea e, Esq. Executed bv: Special Magistrate Patrick H. Neale on Filed with the Secreta o the Special Magistrate on 5 / , 2023 by 2023. PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may he paid at the Collier County Code Enforcement Division. 2800 North Horseshoe Drive. Naples, FL 34104, phone # (239) 252- 2440 or.r.,...coiliercountyfl.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 thisay of 23 to Respondents, Camilo and Teresa Leon, 2740 50th Ave NW, Naples, FL 341131 IL .� Code Enforceme Official Packet Pg. 112 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CEAU20210004410 CAMILO LEON and TERESA LEON Respondents. ORI)E:R 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 October 6, 2023, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows; FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents, Camilo Leon and Teresa Leon are the owners of the property located at 2740 50th Ave NW, Naples, FL 34113, Folio 38966560009. 2. On January 6, 2023 owners were found guilty of Florida Building Code, 7th Edition (2020), Chapter 1, Section 105. I, and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I )(a), to wit expired fence permit PRBD20200310510 and Rejected Building Permit PRBD20210520341. 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 S 100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6237 PAGE 2536. On May 5, 2023, the Special Magistrate continued the case. On August 4.2023. the Special Magistrate Continued the case to October 6, 2023 and ordered that fines would not accrue during that period. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of $111.70 have been paid. 6. Respondents were duly noticed for the public hearing regarding the County's Motion and Teresa Leon was present at the public hearing. Respondents presented testimony that they are waiting for DEP inspection 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 113 8.B.1.a 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. Respondents are granted a continuance for fifty-six (56) calendar days to the December I, 2023 Special Magistrate hearing for consideration of this matter. B. Fines do not continue to accrue. C. 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 6th day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Paine". INeafe, Esq. Executed by::� Special Magistrate Patrick H Neale on 2023. Filed with the Secretary to the Special Magistrate on L4942 , 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 4 (239) 252- 2440 or ««�i.coilie_rcuunh tL��. 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 thi ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this5FL day of�g23 to Respondents, Camilo Leon and Teresa Leon, 2740 50th Ave NW, Naples, 4113. Code Enforcement Official Packet Pg. 114 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27267) DOC ID: 27267 CENA20230001555 Smith CASE NO: CENA20230001555 OWNER: Malcolm Smith OFFICER: Donald Joseph VIOLATIONS: 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. Prohibited outside storage and accumulation of litter including but not limited to car batteries, engine parts, compressors, BBQ grills, appliances, tool chests, metal drums, exercise equipment and general wood/paper/plastic litter. This is a repeat violation. FOLIO NO: 1134803509 PROPERTY 215 Old Train Ln, Copeland, FL 34137 ADDRESS: 8.B.2 Updated: I I/15/2023 10:55 AM by Helen Buchillon Page 1 Packet Pg. 115 8.B.2.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CENA20230001555 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MALCOLM SMITH, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINEWLIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use 2.02.03, 54-179 and 54-181 LOCATION OF VIOLATION: 215 Old Train LN, Copeland, FL 34137 SERVED: MALCOLM SMITH, Respondent Donald Joseph, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fit an angW Nou pan gin moun you fe tradiksyon. Si ou pa pale ang16 tanpri vini aw�k you intcpr(�t you pa16 you-ou. Packet Pg. 116 INSTR 6436195 OR 6274 PG 1501 RECORDED 8/3/2023 2:10 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S27.00 8.B.2.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ' ^', � Case No. CENA2023000I555 MALCOLM SMITH ` Respondent. THIS CAUSE came before t(ie , p�cial Magistrate for public hearing on July 7, 2023, and the Special Magistrate, having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Con'clu,�idns of Law and Order of the Special Magistrate, as follows: .. �., FINDINGS OF FACT'flnd CONCLUSIONS OF LAW l . Respondent, Malcolm Smith is the o- of1f" property located at 215 Old Train LN, Copeland, FL 34137, Folio l 134803509.E 2. Respondent was duly notified of the date of h`e`la�idg,Iiy certified mail and posting and was not present at the hearing. 3. The Petitioner presented substantial competent evidence n the form of testimony and pictorial evidence that proved by a preponderance o' f` a evidence that the real property of the Respondent is in violation of the Collier County Code of Lrws 'and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181 and Collier County �add Development Code 04-41, as amended, Section 2,02.03 to wit prohibited outdoor stor4e a,i,pd, cumulation of litter including but not limited to car batteries, engine parts, compro`ssors,)BBQ grills, appliances, tool chests, metal drums, exercise equipment and general wo©d/perlplastic litter. This is a repeat violation. Code case CENA20180006121 was ad)udicated ),<th' Special Magistrate on August 3, 2018. 4. The violation had not been abated as of the date of the public hearing.l- 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." Packet Pg. 117 OR 6274 PG 1502 8.B.2.a 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. Respon4enris and guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54 Article Sections 54-179 and 54-181 and Collier County Land Development Code 04-41, as amended', $ect o 2.02.03 to wit prohibited outdoor storage and accumulation of litter including bat `nat fmited to car batteries, engine parts, compressors, BBQ grills, appliances, tool chests, metal dris,,�px�fcise equipment and general wood/paper/plastic litter. B. Respondent is ordered to pay operational costs in the amount of S111.70 incurred in the prosecution of this coscrxr•iyfiiin thirty (30) calendar days from the date of this hearing (August 6, 2023). C. Respondent is further ordere to p1 a civil penalty in the amount of S250.00 within thirty (30) days from the date of this beaTiifg (4ugust 6, 2023) due to the repeat nature of this violation. D. Respondent must abate the violatign by removing unpermitted litter oral] other not permitted for outdoor storage torn 5 itc. J signated for such use, or store desired items in a completely enclosed structure witfun . -,(7) calendar days of the date of this hearing (July 14, 2023) or n fine of 5100.00 r aa, mill be imposed until the violation is abated. E. Respondent shall notify the Code Enforcemerkt'Inv1,stigator within 24 hours of abatement or compliance in order for the County to cond ict f`tnga inspection to con Firm abaterent. r. F. If Respondent fails to abate the violation and coitjf. Y vith this Order, the Collier County Code Enforcement Department may abate the violation uatng,oay appropriate method to bring the violation into compliance. If necessary, the County rtj� r,�l6est the services of the Collier County Sheriffs Office in order to access the property for abate. ent nd enforce the provisions of this Order. All costs of abatement shall be assessed against 111 roperty owner and may become a lien on the property. DONE AND ORDERED this 7th day of July, 2023, at Naples, Collier County, Florida. COLLIER COUNTYf O EN.FO CEMENT SPECIAL MA .. Patrick H. cal , Esq. Executed by: Special Magistrate Patric: H. Neale on 2021 Filed with the Secretary to the Special Magistrate on i 2023 by . T i, ry�W tG+t met r d�rd t�aC" n nd fi F -• Prouty Ctatc TJ �! f 1 Packet Pg. 118 *** OR 6274 PG 1503 *** 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 9 (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),dais of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited 194pellate review of the record created within the original hearing. It is the responsibility of the'apealong party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notike of ppeal will not automatically stay the Special Magistrate's Order. r E r,r CERTIFICATE OF SERVICE to I HEREBY CERTIFY that a true and correct copy o this ORDER OF THE SPECIAL LO r MAGISTRATE, has been sent by-U:S. Mail on this �diday o 2023 to Respondent, Malcolm c Smith, 215 Old Train LN, PO Box 36, Copeland, FL 34'137. M i �l1 I Code Enforceme t fficial Z W co r ti j F / :E LO LO F r � - O M a F N N Z W a; 'r - - ' l c m E i / v f f Packet Pg. 119 8.B.2.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MALCOLM SMITH, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CENA20230001555 BEFORE ME, the undersigned authority, personally appeared Donald Joseph, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: That on July 07, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate the violation by removing unpermitted litter or all other items not permitted for outdoor storage to a site designated for such use, or store desired items in a completely enclosed structure 1. as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on July 17, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: violation remains FURTHER AFFIANT SAYETH NOT. DATED this 17th day of July, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE 17anacfd "epf. Donald Joseph Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of,< --Physical presence or _ online notarization. this 17-14,day of 5w l� , 20 -? by Donald Joseph (Signature of Notary Public) ��* .."f'ef ADAM FARINA r # COmmissiOn n HH 29%20 Y ' t (Print/Type/Stamp Commissioned N "t` fNo ug�s. 11.2,926 Public) Personally known v Packet Pg. 120 8.B.2.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CENA20230001555 MALCOLM SMITH 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, Malcolm Smith is the owner of the property located at 215 Old Train LN, Copeland, FL 3 413 7, Folio 1 134803509. 2. On July 7, 2023 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181 and Collier County Land Development Code 0441, as amended, Section 2.02.03, to wit repeat violation of prohibited outside storage and accumulation of litter including but not limited to car batteries, engine parts, compressors. BBQ grills, appliances, tool chests, metal drums, exercise equipment and general wood/paper/plastic litter. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 14. 2023 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records. OR 6274 PAGE 1501. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of S111.70 and civil penalty of $250.00 have not been paid. 6. Fines have accrued at a rate of $100.00 per day for the period from July 15, 2023. to September 1, 2023, (49) days for a total fine amount of $4,900.00. Packet Pg. 121 8.B.2.a 7. Respondent was duly noticed for the public hearing regarding the County's Motion and Debra Smith was present at the public hearing. 8. Respondent presented sworn testimony that she had personal health issues and difficulties in hiring or obtaining someone to abate the violation. She also testified that other people were dumping scrap and litter on the property. 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. 0744, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is CONTINUED for sixty-three (63) calendar days (November 3, 2023) for further consideration of this matter. B. Fines continue to accrue. C. If Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff s Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 1st day of September, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Patrick H. Noide, Esq. s- 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 NN %N �� _cnl l erc�.,ctrlt`_ll s ��. , 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. Packet Pg. 122 8.B.2.a CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and co ct copy this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day -2023 to Respondent, Malcolm Smith, 215 Old Train LN, PO Boa 36, Copeland, FL 4137. �.. Code Packet Pg. 123 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27268) DOC ID: 27268 CEV20230002682 Smith CASE NO: CEV20230002682 OWNER: Malcolm Smith OFFICER: Donald Joseph VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article 111, Section 130-95. Multiple unlicensed and inoperable vehicles are being stored on the property. Code case CENA20180006121 was adjudicated by the Special Magistrate on August 3, 2018. FOLIO NO: 1134803509 PROPERTY 215 Old Train Ln, Naples, FL 34137 ADDRESS: 8.B.3 Updated: 11/15/2023 12:58 PM by Miriam Lorenzo Page 1 Packet Pg. 124 8.B.3.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEV20230002682 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MALCOLU SMITH. Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINEWLIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, !Naples, FL 34112 VIOLATION: Unlicensed/inoperable Vehicles 130-95 LOCATION OF VIOLATION: 215 Old Train LN, Copeland, FL 34137 SERVED: MALCOLM SMITH, Respondent Donald Joseph, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor, AVETISMAN: Tout odisyon ya fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angles tanpri vini avek you intepret you pale you-ou. Packet Pg. 125 INSTR 6436197 OR 6274 PG 1507 RECORDED 8/3/2023 2:10 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 8.B.3.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. MALCOLM SMITH-- /). Respondent. Case No. CEV20230002682 THIS CAUSE came hefcre;tEie �p�cinl Magistrate for public hearing on July 7, 2023, and the Special Magistrate, having received evidence,. nd heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Corklu ic�ns of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACk:irtd CONCLUSIONS OF LAW I. Respondent, Malcolm Smith is the owner of the -property located at 215 Old Train LN, Copeland, FL 34137, Folio 1134803509—,1 2. Respondent was duly notified of the date ofke-,`i�rtk 15' certified mail and posting and was not present at the hearing. 1 '� 3. The Petitioner presented substantial competent evidle;nce '' the form of testimony and pictorial evidence that proved by a preponderance afit a evidence that the real property of the Respondent is in violation of the Collier County Code of ,ws`and Ordinances, Chapter 130, Article III, Section 130-95 to wit multiple unlicensed and anQp4able vehicles being stored on the property. Code case CENA20180006121 was adjudicatkd by tlie Special Magistrate on August 3, 2018. 4. The violation had not been abated as of the date of the hea public ri P f,.Fagl 5. Respondent was duly noticed for the public hearing regarding the County s Motion and was not present at the public hearing. Pursuant to Collier County Code of,lliwa'. and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursu%fVt�o the authority granted in Chapter 162, Florida Statutes, and Collier County Or ttu,il�,*,rk �'`�d��---,..;;��, G K K I I Carts in s4toi.CwWcounty d, instv?"•ty Is8 try Bad CorteCt 5 CCYo bride- Ely Deputy Clerk t}ate 'F'` fur„ t , �.. Packet Pg. 126 OR 6274 PG 1508 8.B.3.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 to wit multiple unlicensed and inoperable vehicles being stored on the property. B. Respondent s grdered to pay operational costs in the amount of $111.70 incurred in the prosect tian. this case within thirty (30) calendar days from the date of this hearing (August t> ).` C. Respondent rt� bate the violation by repairing and affixing a current valid license plate to each vehicle inyridla{ion, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within seven (7) calendar days of the date of this hearing (Jui�- I , 2023) or a fine of S100.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Cycle Enforcement Investigator within 24 hours of abatement or compliance in order for the dount) tp conduct a final inspection to confirm abatement. �1 E. If Respondent fails to abate the v olatio�.and comply with this Order, the Collier County Code Enforcement Department may abase the,vitolation using any appropriate method to bring the violation into compliance. If necessmry,'th�e"County may request the services of the Collier County Sheriff's Office in order to access the Vopert�,far abatement and enforce the provisions of this Order. All costs of abatement shall be asse 4=against the property owner and may become a lien on the property. .. DONE AND ORDERED this 7th day of July, 202"t.,Nepl s, Collier County, Florida. COLLIER COU�4T-Y QODE TN RCEMENT SPECIAL MAGItTAA`T,E,-� 00�0�-�-Special trifk�H'�ale, Esq. Executed Magistrate Patrick H.`N_6le on i , 2023. Filed with the Secretary to the Special Magistrate on 77 202.3 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 4 (239) 252- 2440 or www.colt ercount fl. ov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova but shall be limited to appellate review of the record created within the original hearing. It is the Packet Pg. 127 *** OR 6274 PG 1509 *** 8.B.3.a responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. piling a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE [ HEREBY. CERTIFY that a true and correct copy o this ORDER OF THE SPECIAL MAGISTRATE,�.asbeen sent by U.S. Mail on this / ay of 2023 to Respondent, Malcolm Smith, 215 Old1raid4 ZN, PO Box 36, Copeland, FL 341 7. Code Enforce t Off; . j �.1 j.: 4+(y7 t _ Packet Pg. 128 8.B.3.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Malcolm Smith, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CEV20230002682 BEFORE ME, the undersigned authority, personally appeared Donald Joseph, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: That on July 07, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to; abate the violation by repairing and affixing a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use. 1. as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on July 17, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: violation remains FURTHER AFFIANT SAYETH NOT. DATED this 17th day of July, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Donald Joseph Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means off physical presence or _ online notarization, this M4 day of -Su ly , 20 Z) by Donald Joseph (Signature of Notary Public) Ai1AVFARINA * Commission # HH 299620 4: Expires August11,ZD26 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � Packet Pg. 129 8.B.3.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. Case No. CEV20230002682 MALCOLM SMITH Respondent. 1 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 t. Respondent, Malcolm Smith is the owner of the property located at 215 Old "Train 1_N, Copeland, FL 34137, Folio 1134803509. 2. On July 7, 2023 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, to wit multiple unlicensed and inoperable vehicles being stored on the property. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before .July 14, 2023 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6274 PAGE 11507. 3. The violation has not been abated as of the date of the public hearing. 4. Previously assessed operational costs of S111.70 have not been paid.. 5. Fines have accrued at a rate of $100.00 per day for the period from July 15. 2023, to September 1, 2023, (49 days) for a total fine amount of $4,900.00. 6. Respondent was duly noticed for the public hearing regarding the Counh's Motion and Debra Smith was present at the public hearing. 7. Respondent presented sworn testimony that she had personal health issues and difficulties in hiring or obtaining someone to abate the violation. She also testified that other people were dumping and/or leaving inoperable vehicles on the property. 8. No Request for Re -hearing or Appeal pursuant to Ordinance 200744, as amended. has been filed. Packet Pg. 130 8.B.3.a 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 CONTINUED for sixty-three (63) calendar days (November 3. 2023) for further consideration of this matter. B. Fines continue to accrue. C. If Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a Iien on the property. DONE AND ORDERED this Ist day of September, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Executed by: _/��/��/%l/ Specia! Magistrate Patrick H. Neale on , 023. v _4 Filed with the Secretary to the Special Magistrate on , 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid a the ollier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440 or %%- t�.��llicr� cunt. tl *c�v. 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 1 HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay o-2023 to Respondent, Malcolm Smith, 215 Old Train LN, PO Box 36, Copeland, FL 34 7 Code Enfo4eiftenCOffcial Packet Pg. 131 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27240) DOC ID: 27240 CENA20230005126 Ilona Dasbach Est CASE NO: CENA20230005126 OWNER: Ilona Dasbach Est OFFICER: Jason Packard VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a). Recurring violation of weeds and grass in excess of 18 inches throughout the property. FOLIO NO: 55101000006 PROPERTY 224 Pine Valley Cir, Naples, FL 34113 ADDRESS: 8.B.4 Updated: 11/14/2023 8:52 AM by Helen Buchillon Page 1 Packet Pg. 132 8.B.4.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CENA20230005126 COLLIER COUNTY. FLORIDA, Plaintiff, vs ILONA DASBACH EST Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below. DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Weeds - Mowable Lot 54-185(a) LOCATION OF VIOLATION: 224 Pine Valley CIR, Naples, FL 34113 SERVED: ILONA DASBACH EST, Respondent Jason Packard, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents. witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication. or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101. Naples. Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles Servicios the traduccion no seran disponibles en is audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento can las comunicaciones de este evento. Per favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe iradiksyon, Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 133 INSTR 6436196 OR 6274 PG 1504 RECORDED 8/3/2023 2:10 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S27.00 8.B.4.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. r E / ILONA DASBACH EST Respondent. Case No. CENA20230005126 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on July 7, 2023, and the Special Magistrate, having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Cotfclusic�s of Law and Order of the Special Magistrate, as follows: f J J� I FINDINGS OF FAC Anid CONCLUSIONS OF LAW r:. 1. Respondent, Ilona Dasbach Est is the owner of the property located at 224 Pine Valley Cir, Naples, FL 34113, Folio 55101000006. Z r =" s i 2. Respondent was duly notified of the date of bearing by certified mail and posting and was not present at the hearing. ` J 3. The Petitioner presented substantial competent evidence the form of testimony and pictorial evidence that proved by a preponderance oftre evidence that the real property of the Respondent is in violation of the Collier County Code of L ws and Ordinances, Chapter 54 Article VI, Section 54-185(a) to wit recurring violation of weed and grass in excess of 18 inches throughout the property. 4. The violation had not been abated as of the date of the public heads. J 5. Respondent was duly noticed for the public hearing regarding the'County's Motion and was not present at the public hearing, Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where noticg,o#`Ilie hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, Packet Pg. 134 OR 6274 PG 1505 8.B.4.a 1T IS HEREBY ORDERED: A. Respondent is Found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(a) to wit recurring violation of weeds and grass in excess of 18 inches throughout the property. B. Respgnd� ts Qrdered to pay operational costs in the amount of SI 11.70 incurred in the proses tftion. this case within thirty (30) calendar days from the date of this hearing (August , 0 C. Respondent abate the violation by mowing or cause to be mowed all weeds, grass, or other similar nonpfotectcd overgrowth in excess of eighteen (18) inches in height down to a height of less th..-fn six (6) inches on subject property within 7 calendar days of the date of this hearing (July 14, 2023) or a line of $250.00 per day will be imposed until the violation is abated. -` Y {/( D. Respondent shall notify tote Cgde Enforcement Investigator within 24 hours of abatement or compliance in order for tile. C{ount� tp conduct a final inspection to confirm abatement. E. If Respondent fails to abate the viblation.and comply with this Order, the Collier County Code Enforcement Department may abase the vitolation using any appropriate method to bring the violation into compliance. If necessp y,-t�)CCounty may request the services of the Collier County Sheriff's Office in order to access the p opertyJor abatement and enforce the provisions of this Order. All costs of abatement shall be asse against the property owner and may become a lien on the property. f� r DONE AND ORDERED this 7th clay of July, 2023�at JN0Ies, Collier County, Florida. COLLIER C0U1 TX EO E ENFORCEMENT SPECIAL MAGY§`� i Patrick H. Neal'c, Esq. /Z,// Executed by: Special Magistrate Patrick H. N_6 IeJ orvr, 2023. Filed with the Secretary to the Special Magistrate on 2 i , 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.colliercount�Fl.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 ofthe record creayei„i,� 'n_tl,P n�jnfiearint•.. It is the I n; ryilel'C b �'r 'f++�7d fix C�� County Ju I r ,tsy ;r n nstrvrr�nt is a-" and earned A y of M'. r fi!o I L�ats r Florr a i UY• Depot), clerk Y Dare. '�A • ,�i� , r , i kc� x�„f,+, 2•� Packet Pg. 135 *** OR 6274 PG 1506 *** 8.B.4.a responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of is ORDER OF THE SPECIAL MAGISTRATE, has` been sent by U.S. Mail on this l?kday of 2023 to Respondent, Ilona ian Dasbach Est, 224 PipeValley Cir, Naples, FL 34113 d JP Guardsset Management, One Oxford Vallev, 2300 East-fircoln Highway, Suite 700, Langho ne, PA 19047. F Code Enf emen fficial Packet Pg. 136 8.B.4.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DASBACH EST, ILONA. Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CENA20230005126 BEFORE ME, the undersigned authority, personally appeared Jason Packard, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 07, 2023, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 6274 PG 1504 , et. seq. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on August 23rd 2023. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by grass/weeds in excess of eighteen (18) inches was cut below six (6) inches throughout the parcel. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of August, 2023. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ;D46 +rd Jason Packard Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affsrnWd) and subscribed before me by means of4physical presence or online notarization, this NV�day of MCA gks F , 2073 by Jason Packard 4 (Signature of Notary Public) _° "'. Commission N HH 2M20 Expires Augus111,2026 (Print/"I'ype/Stamp Commissioned Name of Notary Public) Personally known d Packet Pg. 137 8.B.4.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DASBACH EST, ILONA, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CENA20230005126 BEFORE ME, the undersigned authority, personally appeared Jason Packard, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 07, 2023, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to mow or cause to be mowed all weeds, grass, or other similar non - protected overgrowth in excess of eighteen (18) inches in height down to a height of less than six (6) inces on subject property within 7 calendar days of this hearing (July 14, 2023) as stated in the Order recorded in the public records of Collier County, Florida in OR Book _6274 PG 1504 . 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on July 17th, 2023. 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Grass was not mowed or caused to mow below six (6) inches FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of August, 2023. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jason Packard Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of physical presence or _ online notarization, this J` A day of A(+- S J- , 20a 3 by Jason Packard AGAU >" rr FARINA (Signature of Notary Public) Commission 4 HH 299620 'Ile Expires August 11, 2026 of rho (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J Packet Pg. 138 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27253) DOC ID: 27253 CEPM20220005683 Hall CASE NO: CEPM20220005683 OWNER: Donna Juliette Anne Hall OFFICER: Doug Williams VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(b) and 22- 231(12)(c). Vacant structure that is not being properly maintained. The structure has a damaged roof and exterior wall damage which constitute a violation of the aforementioned ordinances. FOLIO NO: 22625000007 PROPERTY 4608 Dominion Drive, Naples, FL 34112 ADDRESS: 8.B.5 Updated: 11/14/2023 4:06 PM by Helen Buchillon Page 1 Packet Pg. 139 8.B.5.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEPM20220005683 COLLIER COUNTY, FLORIDA, Plaintiff, vs DONNA JULIETTE ANNE HALL Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162 06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time. and place for the violation below: DATE: 12101 /2023 TIME: 09.00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Roofs -Dwelling 22-228(1). 22-231(12)(b) and 22-231(12)(c) LOCATION OF VIOLATION: 4608 Dominion DR, Naples, FL 34112 SERVED: DONNA JULIETTE ANNE HALL, Respondent Doug Williams, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended. be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 101, Naples, Florida 34112, or (239) 252- 838o, as soon as possible, but no later than 48 hours before the scheduled event, Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibies en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con Ias comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pate angld tanpri vini avek you intepret you pale you-ou. Packet Pg. 140 INSTR 6339503 OR 6197 PG 3612 RECORDED 12/12/2022 3:41 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 8.B.5.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. i Case No. CEPM20220005683 DONNA JULIETTCAAN E HALL Respondent. ' 6IfD R OF THE SPECIAL MAGISTRATE THIS CAUSE came be ore thp.Skcial Magistrate for public hearing on November 4, 2022, and the Special Magistrate, having recei*d exJdence and heard argument respective to all appropriate matters, hereupon issues his Find ings-o�Fa.rt,'Cone Iusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF I{ Tan` CONCLUSIONS OF LAW '/ 1. Respondent, Donna Juliette Anne Haws tl ' wrier of the property located at 4608 Dominion Drive, Naples, FL 34112, Folio 2262500 ;.`•. 2. Respondent was duly notified of the date of hear' g•by certified mail and posting and was not present at the hearing. George Barber, Powe�6fAltoiney for Donna Juliette Anne Hail was not present at the hearing but the Petitioner pre5gnt0,d written power of attorney authenticated by the sworn testimony of the Petit}oneKranting him the authority to enter into a Stipulation resolving all issues among the parties, Uhic stipulation was executed on November 3, 2022. Respondent has stipulated to the fact that the property is itt vial�tion of Collier County Code of Laws and Ordinances, Chapter 22, Article Vl, Sections 22�22$(1,k, 22-231(12)(b), and 22- 231(12(c), to wit vacant structure that is not being properly mg6n�aio'd. The structure has a damaged roof and exterior wall damage which constitute a violatftheaforementioned ordinances. r 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, Sections 22-228 (1), 22-231(12)(b), and 22-231(12)(c), to wit vacant structure Packet Pg. 141 OR 6197 PG 3613 8.B.5.a that is not being properly maintained. The structure has a damaged roof and exterior wall damage which constitute a violation of the aforementioned ordinances. B. Respondent is ordered to pay operational costs in the amount of $I11.70 incurred in prosecution of this case within thirty (30) calendar days from the date hereof (December 4, 2022). C. Respooe� rpst abate ail violations by obtaining all required Collier County Building Permits or Demoli '& PFrm it, inspections, and Certificate of Completion/Occupancy for the required repairs t th ru ture within one hundred twenty (120) calendar days of the date of this hearing arch , 2023) or a fine of $100.00 per day will be imposed until the violation is abated. D. Respondent sha]I notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order fophyCounty to conduct a final inspection to confirm compliance. E. If Respondent fails to date the violation and comply with this Order, the Collier County Code Enforcement Department mp�YYab to the violation using any appropriate method to bring the violation into compliance. ITnpcetsAry, the County may request the services of the Collier County Sheriff's Office in order toCaccess the property for abatement and enforce the provisions of this Order. All costs of abate�netoStall be assessed against the property owner and may become a lien on the property. . '. DONE AND ORDERED this 4th day of Nov¢fll�eei,2022, at Naples, Collier County, Florida. COLLWI e( NTY COD NFORCEMENT SPECIAL �GI$ Patriek IT, N PAYMENT O1~ FINES: Any fines ordered to be paid pursuant. too order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples; FL 34I04, phone # (239) 252- 2440 or www.colliercoun fl. ov. Any release of lien or con firm ation,,dfc pliance or confirmation of the satisfaction of the obligations of this order may also be obtained at th' '16cation. APPEAL: Any aggrieved party may appeal a final order of the Special hriagis ate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal's.WA j be a hearing de novo but shall be limited to appellate review of the record created within the originolleart g. It is the responsibility of the appealing party to obtain a transcribed record of the hearing Wm Ae Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's OrAer. CERTIFICATE OF SERVICE I HERESY CERTIFY that a true and co rect copy oft ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day of 022 to Respondent, Donna Juliette Anne. Fia[I, dPftm River Blvd, C-102, Napl , FL 34110. Code Enforcement Icial �, Crystaik. Kn7e1, Cteik o1 rSij., andtr,.Aer cnny do hea4—emy,.3at the a true a. jowed Of i 1 "41 ntYl torida De" Cterk Packet Pg. 142 *** OR 6197 PG 3614 *** 8.B.5.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. -9-Z3 Case No. CEPM20220005683 Donna Juliette Anne Hall Respondent(s), i STIPULATION1AGREEMENT Before me, the undersigned, George Barber, on behalf of Donna Juliette Anne Hall, enters into this Stipulation and Agreement with Co lier� County as to the resolution of Notices of Violation in reference (case) number CEPM20220005683 date dithe).0th day of June, 2022, 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 an resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 4th, 2022; to promote efficiency in the administration of the code enforcement process; and to obtainIa qLy ck 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 thaf the Respondent shall-, i 1) Pay operational costs in the amount of $11170incufred in the prosecution of this case within 30 days of this hearing. `J 2) Abate all violations by: Obtaining all required C61lier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the required repairs to the structure within 120 days of this hearing or a fine of $)Op,N per day will be imposed until the violation is abated. .1� 3) Respondent must notify Code Enforcement within 24 hdu�s'of pbatement of the violation and request the Investigator perform a site inspection to confirm compliances` (24 hours nonce shall he by phone or fax and made during the workweek- If the VJOIEIVDn ic-abated 24 hours prior to a Saturday, Sunday or legal holiday, then the nolificatlon must be made on the next day that is not a Saturday, Sunday or legal holl , 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance, of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement sh I be assessed to the property owner. Respondent A2�_� sertative (sign) f Resp_or�denilkr Representative (print) z- 3 - A a Date _ f , _ a rEnforcement , Supervisor sorio, Director Division !1 -3--22 Date REV 3-29-16 Packet Pg. 143 8.B.5.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. Petitioner, vs. DONNA JULIETTE ANNE HALL Respondent. Case No. CEPM20220005683 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 June 2, 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, Donna Juliette Anne Hall is the owner of the property located at 4608 Dominion Dr, Naples, FL 34112, Folio 22625000007. 2. On November 4.2022 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22. Article VI, Sections 22-228(1), 22-231(12xb) and 22-231(12xc), to wit vacant structure with damaged roof and exterior wall damage. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 4, 2023 (Order) or a line of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6197 PAGE 3612. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of S111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and George Barber, having the Respondent's Power of Attorney was present at the public hearing. 7. Respondent's representative presented sworn testimony as to factors which set out difficulties the Respondent has encountered in abating the violation, including but not limited to much higher costs than insurance and FEMA would cover and family health issues that provide a basis for a continuance of this matter. 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended, has been tiled. Packet Pg. 144 8.B.5.a 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 granted a continuance of the hearing on the Respondent's Motion for ninety (90) calendar dais (August 31, 2023) of this matter. B. Fines continue to accrue. C. If Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 2nd day of.lune, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Executed hy:✓ Special Magistrate Patrick H. Neale on 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 ;V (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 HERESY CERTIFY that a true and correct copy of is ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on thisjh v of 2023 to Respondent Donna Juliette Anne Hall, 241 Palm River Blvd C-102, Naples. F 34110. Code EnforceKent Oi(kial Packet Pg. 145 8.B.5.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. DONNA JULIETTE ANNE HALL Respondent. Case No. CEPM20220005683 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 I, 2023, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of La« and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW I. Respondent, Donna Juliette Anne Hall is the owner of the property located at 4608 Dominion Dr, Naples, FL 34112, Folio 22625000007. 2. On November 4, 2022 owner was found guilty of Collier County Code of Laws and Ordiances, Chapter 22, Article N1, Sections 22-228(1), 22-231(12xb) and 22-231(12)(c), to wit vacant structure that is not being properly maintained. The structure has a damaged roof and exterior wall damage which constitute a violation of the aforementioned ordinances. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 4, 2023 (Order) or a fine of S 100,00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6197 PAGE 3612. 4. On June 2, 2023, the Special Magistrate continued the case to August 31, 2023. 5. The violation has not been abated as of the date of the public hearing. 6. Previously assessed operational costs of $111.70 have been paid. 7. Fines have accrued at a rate of V 00.00 per day for the period from March 5, 2023, to September 1, 2023 (181 days) for a total fine amount of $18,100.00. 8. 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(ax5), "Where notice of the hearing has been provided Packet Pg. 146 8.B.5.a to the Violator as provided for herein• a hearing may be conducted and an order rendered even in the absence of the Violator." 9. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, ha, 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. Respondent is granted a CONTINUANCE until the October Special Magistrate hearing thirty-five (35) calendar days (October 6, 2023) for further consideration of this matter. B. Fines continue to accrue. DONE AND ORDERED this 1st day of September, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MACISTRATE ;/`-'atrick'H.-Neale, Esq. Executed by: f Special Magistrate Patrick H. Neale on V .2023. Filed with the Secretary to the Special Magistrate on C , 2023 by PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid a the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440 Any release of lien or confirntation 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 correc copy f this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day o / -2023 to Respondent, Donna Juliette Anne Hall, 24I Palm River Blvd C-102, Naples, F1 34110. Code Enforcement &Tcial Packet Pg. 147 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27254) DOC ID: 27254 CESD20230003906 DOCKSIDE OF NAPLES CONDO ASSOC CASE NO: CESD20230003906 OWNER: DOCKSIDE OF NAPLES CONDO ASSOC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted concrete block deck built on association property. FOLIO NO: 725720005 PROPERTY 1008 Dockside Ct, Naples, FL 34114 ADDRESS: 8.B.6 Updated: 11/14/2023 4:09 PM by Helen Buchillon Page 1 Packet Pg. 148 8.B.6.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS. Case: CESD20230003906 COLLIER COUNTY, FLORIDA, Plaintiff, vs NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162 12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date. time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 1008 Dockside CT, Naples, FL 34114 SERVED: DOCKSIDE OF NAPLES CONDO ASSOC. Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E, Suite 101, Naples. Florida 34112, or (239) 252- 8380, as soon as possible, but no iater than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual_ NOTIFICACION: Esta audiencia sera conducida en el Aicma Ingles Servicics the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. for favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pate you-ou. Packet Pg. 149 8.B.6.a CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. Case No. CESD20230003906 DOCKSIDE OF NAPLES CONDO ASSOC Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on August 4. 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 11-1agistrate, as follows: FINDINGS OF FACT and CONCLt'SIONS OF LAW 1. Respondent, DOCKSIDE OF NAPLES CONDO ASSOC is the oks'ner of the property located at 1008 Dockside Ct, Naples, FL 34114. Folio 00725720005, 2. Respondent was duly noticed for the public hearing. Carlos Fernandez. Yesenia Moncada and Arturo Arguelles were present at the public (tearing representing the unit owner and the Dockside of Naples Condominium Association. The Petitioner presented testimony that Respondent teas in violation of Collier Count- Land Development Code 04-4I, as amended. Sections 10.02.06(Bx I xa) and 10,02.06(B)( I Xe)(i). to wit unperntitted concrete block deck built on association property. The Petitioner presented testimony that the concrete patios are located on contnton area as opposed to the propert. belonging to the unit owner, The testimony presented w-as unclear as to the proper party being charges! %%ith the offense. 4. The violation has not been abated as of the hearing, date. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authorit,% granted in Chapter 162, Florida Statutes. and Collier Count)- Ordinance No. 07-44. as amended, 1T IS HEREBY ORDERED: A. Due to the uncertainty as to whether the violation pertains to a single unit or to the entire association. the Special Magistrate on his own motion GRANTED the Respondent an Extension of Time for twenty-eight (28) calendar days. to the September Special Magistrate hearing (September I, 2023), at which time the Respondent and Petitioner are to clarify whether violation(s) pertain to one unit or the entire association and present a proposal for abatement and Packet Pg. 150 8.B.ti.a estimate oftime to comply. B. If Respondent tails to abate the violation and comply with this Order. the Collier County Code Lnforcernent Department ma% ahate 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 became a lien on the property. DONE AND ORDERED this August 4, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAG1lMATE PatricIf Neale, Esq. Executed by: ->' f' Special Magistrate Patrick H. Neale on. 2023. Filed N% ith the Secretary to the Special Magistrate on 2023 by PAYMFNT OF FINES: Any fines ordered to be paid pursuant to this order ntay. be pa at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104. phone # (239) 252- 2 i40 or www.colliercountyf 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: ;env aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court %%ithin thirty (30) days of the execution of the Order appealed. An appeal shall not he a hearing de nova but shall be limited to appellate review of the record created .%ithin the original hearing. It is the responsibility of the appealing pam to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day of 2023 to Respondent. DOCKSIDE OF NAPLES CONDO ASSOC. 1 1145 1'am4mi "Frail East. \\..4'ples, FL 34113. Code ial Packet Pg. 151 8.B.6.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. Case No. CESD20230003906 DOCKSIDE OF NAPLES CONDO ASSOC 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 [natters, 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, DOCKSIDE OF NAPLES CONDO ASSOC is the owner of the property located at 1008 Dockside Ct, Naples, FL 34114, Folio 00725720005. 2. Respondent was duly notified of the date of hearing by certified mail and posting and Carlos Fernandez, Property Manager, the owner of the residential unit adjacent to the subject property, Yesenia Moncada, and Arturo Arguelles as translator, were present at the hearing. 3. Respondent has stipulated to the fact that the property is in violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(Bx I Xa) and 10.02.06(B)(1)(e)(i), to wit unpermitted concrete block deck built on association property. 4. Ms. Moncada, through her translator/contractor, presented testimony that the offending structure was approved by the Respondent/Association. Mr. Fernandez disclaimed any knowledge of such approval. It was determined that whether the structure was approved by the Association or not was irrelevant to the instant case. 5. 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 Land Development Code 04-41, as amended, Sections 10.02.06(B)(1 Ma) and 10.02.06(B)(1)(exi). Packet Pg. 152 B. Respondent is ordered to pay operational costs in the amount of S111.70 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 Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the concrete block deck within 45 calendar days of the date of this hearing (October 16, 2023) or a fine of S100.00 per day will he 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 v Patrick ff. Neale, Esq. r` Executed by: '" Special Magistrate Patrick H. Neale on Y )Yll__' , 23, Filed with the Secretary to the Special Magistrate on , 2023 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at th rollier County Code Enforcement Division, 2800 North Horseshoe Drive. Naples, FL 34104, phone 4 (239) 252- 2440 or \\ x\\%.ciiiliercoti ttifl rn . Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thi ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day o 23 to Respondent, DOCKSIDE OF NAPLES CONDO ASSOC, 11145 Tami i Trail East, aples, FL 34113. Code En Packet Pg. 553 8.B.6.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida. Petitioner, vs. Case No. CESD20230003906 Dockside of Naples Condo Assoc, Respondent(s). STIPULATION/AGREEMENT Before me, the undersigned, Carlos Fernandez, on behalf of Dockside of Naples Condo Assoc enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20230003906 dated the 11th 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 1st. 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 shalt. i ) 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 Building Permit(s) or Demolition Permit, inspections. and Certificate of Completion/Occupancy for the concrete block deck within 45 days of this hearing or a fine of $100.00 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 ,s abated 24 liours prior to a Saturday Sunday or legs holiday then the nolificallon must be made on the next day that is not a Saturday, Sunday or 4egal 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. Z ,7 ondent r Represen�t✓ativ (si ) Respondent or Representative (print) na Date ! //Wo" �" Jos h Mucha, Supervisor for omas landimarino. Director Cote Division I J 2 Date REV 4-27-23 Packet Pg. 154 8.B.6.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DOCKSIDE OF NAPLES CONDO ASSOC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER. OSM CASE NO. CESI320230003906 BEFORE ME. the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn. deposes and says: I. That on August 04, 2023. the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the concrete block deck within 45 days (October loth. 2023) as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on October 17th, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Demolition of the concrete block deck has started, however, is not complete. FURTHER AFFIANT SAYETH NOT. DATED this 18th day of October, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Joseph Mucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or af3i ed) a subscribed before me by means ofZhysical presence or— online notarization. tea) of ?, 2023 by Joseph Mucha of Notary P• f MIRMU LORENZO (� • Commission 4 HH 37974� Fxpirec e 8. 2027 :/Stamp Commissioned NamiG6f `cxjjr% Public) Personally known V Packet Pg. 155 8.B.6.a COLLIER COUNTY. FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DOCKSIDE OF NAPLES CONDO ASSOC. Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20230003906 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: I. That on September 01, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permit(s) or Demolition Permit. inspections, and Certificate of Completion/Occupancy for the concrete block deck within 45 days (October 16th, 2023) as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on October 30th, 2023, 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was in compliance by removal of the concrete block deck and all materials from the property. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of October, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Joseph Mucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or afr and subscribed before me by means of ✓physical presence or _ online notarization. this BiGdr,� of (pr/ 2023 by Joseph Mucha ignature of\ota ubli,i ,t'frE, AHRIAttttORENZO . CoowdW w # HH 379743 i r (Print Tcpe Stamp Commissi Name of Notary Public) Personally known , Packet Pg. 156 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27252) DOC ID: 27252 CENA20230000258 Soto CASE NO: CENA20230000258 OWNER: Lucy B Soto OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-181, 54-185(b) and 54-179. Outside storage and/or litter consisting of but not limited to wood, plastics, metals, mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the residences. FOLIO NO: 41048960006 PROPERTY 4070 14' Ave SE, Naples, FL 34117 ADDRESS: 8.B.7 Updated: 11/14/2023 4:01 PM by Helen Buchillon Page 1 Packet Pg. 157 8.B.7.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CENA20230000258 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LUCY B SOTO, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162,06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally 1.04.01(A), 2.02.03, 54-181, 54-179 and 54-185(b) LOCATION OF VIOLATION: 4070 14th AVE SE, Naples, FL 34117 SERVED: LUCY B SOTO, Respondent Joseph Marino, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propie traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tal vini avek you intepret you pale you-ou. 0 0 U) 0 0 N O O O O M N O N Q z w U N 0 N I- N 0 0 U) 0 0 N 0 0 0 O M N O N Q z w U c a� E crs Q Packet Pg. 158 INSTR 6420235 OR 6261 PG 1609 RECORDED 6/23/2023 3:20 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S27.00 8.B.7.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, f vs. < LUCY B SOTO Respondent. Case No. CENA20230000258 THIS CAUSE came before the Special Magistrate for public hearing on June 2, 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, Lucy B Soto is the owner oMe,property located at 4070 14th Ave SE, Naples, FL 34117, Folio 41048960006. i 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the hearing. ; 1 r 3. The Petitioner presented substantial competent evidenc the farm of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Land DevPtopment Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier Code of Laws and Ordiances, Chapter 54, Article VI, Sections 54-181, 54-185(b) and 54-179 to wit outside storage and/or litter consisting of but not limited to wood, plastics, metals, mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the residence. r 4. The violation had not been abated as of the date of the public hearing:- ; 5. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, Packet Pg. 159 OR 6261 PG 1610 8.B.7.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03, and Collier Code of Laws and Ordiances, Chapter 54, Article VI, Sections 54-181, 54-185(b) and 54-179 to wit outside storage and/or litter consisting of but not limited to wood, plastics, metals, mattresses, and bins. Weeds in excess of 18 inches within 30 feet of the residence. B. Respondent Ordered to pay operational costs in the amount of $111.70 incurred in the prosecution of this case thirty (30) calendar days from the date of this hearing (July 2, 2023). C. Respondent must abate the violation by removing all unauthorized accumulation of litter and all other items not permitted for outside storage to a site designated for such use, or store desired items in a completely enclosed structure and mowing or cause to be mowed all weeds, grass, or other similar non -protected overgrowth in excess of eighteen (18) inches in height located within thirty (30) feet of any residential structure up to any lot line, down to a height of less than six (6) inches within 7 calendar days of the date of this hearing (June 9, 2023) or a fine of S100.00 per day will be imposed untiI the violation is abated. r D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County jwtondt ct a final inspection to confirm abatement. F.� E. If Respondent fails to abate the violation andcotnply with this Order, the Collier County Code Enforcement Department may abate the violatioa-using any appropriate method to bring the violation into compliance. If necessary, the C,ovnty may request the services of the Collier County Sheriff's Office in order to access the property for pbatement 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 2nd day of June, 2023, at Naples ,Collier County, Florida. COLLIER COUNTY CObE ENFORCEMENT SPECIAL MAGIST f Patr c ale, Esq. � Executed by, -,--Special Magistrate Patrick H. Neale or Filed with the Secretary to the Special Magistrate on L, 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 4 (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. Packet Pg. 160 *** OR 6261 PG 1611 *** 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. j CERTIFICATE OF SERVICE I HEREBY�AFJIFY that a true and correct copy of his ORDER OF THE SPECIAL MAGISTRATE, has I�ri s nt by U.S. Mail on this 9 day of�.-_ 2023 to Respondent, Lucy B _ Soto, 4070 14th Ave SE, ptes, FL 34117. ° 0 Go LO w.ti ......., Code Enforceffent COFicial c Dvutyclnit ! a LU 1 C4 04 0 ' - f % 00 N / O O r�1 % M N J �! y O N z w U E Packet Pg. 161 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27255) DOC ID: 27255 CEV20230004818 Barralaga and Moran CASE NO: CEV20230004818 OWNER: Luis Fernando Salazar Barralaga and Esly Magali Moran OFFICER: Larry Sweet VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 130, Article 111, Section 130-95. There are multiple vehicles at the residence. This is a recurring violation. FOLIO NO: 40351360006 PROPERTY 3115 24t' Ave NE, Naples, FL 34120 ADDRESS: 8.B.8 Updated: 11/15/2023 9:36 AM by Helen Buchillon Page 1 Packet Pg. 162 8.B.8.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs Case: CEV20230004818 LUIS FERNANL)Q SALAZ.8R BARRALAGAE LY MA A I M RAN, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F. Naples, FL 34112 VIOLATION: Unlicensed/Inoperable Vehicles 130-95 LOCATION OF VIOLATION: 3115 24th AVE NE, Naples, FL 34120 SERVED: LUIS FERNANDO SALAZAR BARRALAGA AND ESLY MAGALI MORAN. Respondent Larry Sweet, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101. Naples. Florida 34112, or (239) 252- 8380. as soon as possible but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION; Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor eniendimiento con Ias comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 163 INSTR 6470167 OR 6300 PG 3828 RECORDED 10/27/2023 1:20 PM PAGES S CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, , VS. f Case No. CEV20230004818 LUIS FERNANDO SA3 AR BARRALAGA and ESLY MAGALI MOI A^/ Respondents. THIS CAUSE came before the&Oecial Magistrate for public hearing on October 6, 2023, and the Special Magistrate, having received evidc&cpnd heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Concw' siorva 4 Law and Order of the Special Magistrate, as follows: � FINDINGS OF FACT`J an'600-YCLUSIONS OF LAW 1. Respondents, Luis Femando Salazar Bari'al a.a.r Esly Magali Moran are the owners of the property located at 3115 24th AVE NE, Ne , Fj,�34120, Folio 40351360006. .f 2. Respondents were duly notified of the date of he ring icy, certified mail and posting and were not present at the hearing. Pursuant to Collier Coupty de of Laws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Wh re n ice of the hearing has been provided to the Violator as provided for herein, a hearinemay be conducted and an order rendered even in the absence of the Violator." 3. Respondents have stipulated to the fact that the property is i Lytolation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Sectiotrf30- S. There are multiple unregistered vehicles at the residence, This is a recurring violation.. 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. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article 111, Section 130-95 to wit re -occurring violation, multiple unregistered vehicles at the residence. Packet Pg. 164 OR 6300 PG 3829 8.B.8.a 0 Respondents are ordered to pay operational costs in the amount of S111.70 incurred in the prosecution of this case within thirty (30) calendar days from the date of this hearing (November 5, 2023). c Respondents must abate the violation by repairing and affixing a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove tl�esi?vehicics to an area intended for such use within 7 (seven) calendar days of the date of this 4ng (October 13, 2023) or a fine of S100.00 per day will be imposed until the violation is.aba;oci.`. D. Respondents shall otify the Code Enforcement Investigator within 24 hours of abatement or compliance in order fQt to County to conduct a final inspection to confirm abatement. E. If Respondents fail to abate t e violation and comply with this Order, the Collier County Code Trt Enforcement Dcpartmantabate the violation using any appropriate method to bring the violation into compliance. necessary, the County may request the services of the Collier County Sheriff's Office in order t acc5�Ls th.e 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 6th day of fobct,.2023, at Naples, Collier County, Florida. COL, E� COUNTY CO ENFORCEMENT SPEC AL 1j�A51 '. ri Executed b_y Special Magistrate Pafricl Fi. Neale on i Filed with the Secretary to the Special Magistrate on D p , 2023 b f; ) _1 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this orderr ay)bc paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, l l,,A4 104, phone # (239) 252- 2440 or ��.� n.colliercrnurivfl.gov. Any release of lien or confirmation of comoanc�r confirmation of the satisfaction of the obligations of this order may also be obtained at this locatiott: APPEAL: Any aggrieved party may appeal a final order of the Special Magi strate-kft-Se--t ircuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing do nova 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. ! rry.:31KJAV'1.'r' -Aff,., Y /�f�Y..r�,•ny c'a hr"•�;L?f •�3 ;`ter ��r :' � ^i ; � 4T1id: En:! ccrtc� art � . ��-, :I F" o:,crGcwr:f.Fl ti' er muty Verk Doi A Packet Pg. 165 OR 6300 PG 3830 8.B.8.a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay of,&j�/1023 to Respondents, Luis Fernando Salazar Barralaga and Esly Magali Moran, 31 15 4th AVE NE,N s, FL 34120. Code Enforceme ffici ! J A. Packet Pg. 166 OR 6300 PG 3831 8.B.8.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. LUIS FERNANDO SALAZAR BARRALAGA AND ESLY MAGALI MORAN Resondent(s), / • STIPULATIONIAGREEIUIENT �P Case No.CEV20230004818 Before me, the undersigned, Luis Fernando Salazar Barralaga and Esly Magali Moran, on behalf of themselves, enter into this Stipulation and -Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEV20 0004818 dated the 2011' day of June, 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 re4olutidn of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for October 61.2023 ; 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 Nc6ce of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant toParida..Statute 162. THEREFORE, it is agreed between the parties that the fjegpondent(s) shall; 1) Pay operational costs in the amount of $111.70 incurret�n the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Repairing and affixing a curr6nt�vdlid license plate to each vehicle in violation, or store these vehicles in a completely enclosed ure, or remove these vehicles to a site intended for such use within 7days of this hearin ,_,.or, fine of $100.00 per day will be imposed until the violation are abated. 3) Respondent(s) must notify Code Enforcement within 24 hours of abalement 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 Saturd—ay, 0nday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.} } . i 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 ColiPer,County Sheriffs Office to enforce a pr . ions of this agreement and all costs of abatement shall be`assessed to the property owne . �— Respondent or Representative (sign) Cristina Perez, Sup&visor for Thomas landimarino, Director Code Enforcement Division Respondent or Representative (print) Date Date Packet Pg. 167 *** OR 6300 PG 3832 *** 8.B.8.a E5cg P-C)rayl Responde or Representative (sign) f r� E5W Respondenf or Representative (print) Date i i r f F f y #7 Case No.CEV20230004818 L 0 c c� a> m L m 00 oo 0 0 0 CO) N O N W U LO LO N ti N Packet Pg. 168 8.B.8.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. BARRALAGA, L FERNANDO SALAZAR ESLY MAGALI MORAN, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CEV20230004818 BEFORE ME. the undersigned authority, personally appeared Larry Sweet. Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on October 06, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants) was to abate all violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book: PG 2. That the respondent did contact the investigator. It was a scheduled inspection. 3. That a re -inspection was performed on October 16th, 2023 4. That the re -inspections) revealed that the corrective action ordered by the Special Magistrate was in compliance by removing all un-Iicensed / inoperable vehicles from the residence. FURTHER AFFIANT SAYETH NOT. DATED this l61h day of October, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Larry Sweet Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swore L( (or a imp d) d subscribed before me by means of physical presence or _ online notarization, this (!� day ft��r, �y Larry Sweet (Signatttrtrbf Notary Public) Coromissfon # HH 379743 [[// '4OF nova Expires June 8, 2027 (Print/Type/Stamp Commissioned Name of Nolan Public) Personally known � Packet Pg. 169 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27256) DOC ID: 27256 CEROW20210000627 Thamnasen CASE NO: CEROW20210000627 OWNER: Kanokwan C Thamnasen OFFICER: Joseph Marino VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article 11, Section 110-31(a), and 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). Culvert pipe and dirt added in the right of way without obtaining required Collier County permits. FOLIO NO: 41442960000 PROPERTY 4344 32" d Ave SE, Naples, FL 34117 ADDRESS: 8.B.9 Updated: 11/15/2023 9:43 AM by Helen Buchillon Page 1 Packet Pg. 170 8.B.9.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Plaintiff, vs. Kanokwan C Thamrasen, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS Case: CEROW20210000627 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes. and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date. time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 110-31(A), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10 02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 4344 32nd AVE SE, Naples, FL 34117 SERVED: Kanokwan C. Thamnasen, Respondent Joseph Marino, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Traif E., Suite 101. Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the Iraduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 171 INSTR 6248641 OR 6123 PG 2903 RECORDED 5/9/2022 6:47 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC 535.50 8.B.9.a CODE ENFORCEMENT — SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF CO COMMISSIONERS COLLIER CO TY�; l ORIDA Petitioner, f VS. �� J Case No. — CEROW20210000627 KANOKWAN C. TIIAMMASI;.N�! Respondent. 1 I ORDER OI�TfleSPECIAL MAGISTRATE J THIS CAUSE came on for public hem befgte the Special Magistrate on February 4, 2022, and the Special Magistrate, having heard argument re ctK to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order of th, pedal Magistrate, as follows: FINDINGS OF -FACT and CONQXU$ QNS OF LAW v- ' i. 1. Respondent, KANOKWAN C. THAMMASEN, is'`is'o o er of the subject real property located at 4344 32"'Avenue SE, Naples, Florida 34117 No. 41442960000. 2. Respondent was duly notified of the date of hearing by certified. mail and posting, was not present at the hearing, but was represented at the hearing by l�r hujband, NMITA JOHN VON KRAVCIK, and entered into a Stipulation resolving all.is es between the parties. e ; 3. Respondent's property is in violation of the Collier County Code. cif s 4nd Ordinances, Chapter l 10, Article Il, Section 110-31(a) and the Collier County" d Dev lopment Code 0441, as amended, Section 10.02.06(B)(lxa), Section 10.02.06(B)(fle),add section 10.02.06(BXI)(exi), as follows: /. Culvert pipe and dirt added in the right of way without obtaining required Collier County permits. 4. The violation was not 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. 0744, as amended, Packet Pg. 172 OR 6123 PG 2904 8.B.9.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the Collier County Code of haws and Ordinances, Chapter 110, cle II, Section 110-31(a) and the Collier County Land Development Code 0441, as amen, eation 10.02.06(Bx 1)(a), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i) B. Respondent isxrder d to pay operational costs in the amount of $111.75 incurred in the prosecution of thisaw on or before March 4, 2022. A. Respondent is alsoo, defied to abate the violation by obtaining either the required Collier County building permit or demolition permit, all inspections and a Certificate of Completion or Occupancy for the unp,c tted culvert pipe and dirt OR, remove all offending material and original permitted condition on or before April 4, 2022 or a fine of restore the right of wa� to ; $100.00 per day will be onposseed until the violation has been abated. B. Respondent must notify the Code lifprcement Investigator when the violations have been abated in order for the Investigator to`c6nducfa fmal site inspection to confirm compliance. s C. If the Respondent fails to abate theNiolation as ordered, the County may abate the violation using any method to bring the violation mt6'c • jp i$nce and may use the assistance of the Collier County Sheriff's Office to enforce the liovisiohs of this Order, and all costs of abatement shall be assessed to the property owner and may b5pom era lien on the property. i DONE,.AND ORDERED on this 4&day of February 302� 4:t Naples, Collier County, Florida. F r S- COLLIER GOUY CODE ENFORCEMENT SPECIAL MAGISTRATE for ZdDW G-U* r' t do * si it 7'1 va a; 1 correct J 0001t i'+h CM-- DData: c -,�--e A . GARREON A PA�1''_t+IM 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. 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. AAA Any aggrieved patty may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. 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 Special Magistrate's Order. Packet Pg. 173 OR 6123 PG 2905 �� BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No, CEROW20210000627 Kanokwan C. Thamnasen Respondent(s), STIPULATIONIAGREEMENT Before me, the undersigne6t1-fa60005C-n C VQ'rOV "O`Y) , on behalf of Kanokwan C. Thamnasen, enters into this Stipulation Agreement wf h Collier County as to the resolution of Notices of Violation in reference (case) number CEROW2021000062Ti ated the 26t' of January, 2021. 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 rtis;strongly recommended that the respondent or representative attend the Hearing. r' In consideration of the disposition and resokttion of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February, 4/ 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick-dnd expeditious resolution of the matters outlined therein the parties hereto agree as follows: i 1) The violations of added culvert pipe andAirt in the right of way without obtaining required Collier County permits as noted in the referenced Notice of Violation af® accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 16ib. THEREFORE, it is agreed between the parties that the ResiSondent shall; i 1) Pay operational costs in the amount of $1 11.75 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by; Obtaining all required Collier 06urpty Permits) or Demolition Permit, inspections. and Certificate of Completion/Occupancy for the unpermitted culvert pipe and dirt OR Remove all offending material and restore the right of way to_ixs'original permitted condition within 60 days of this hearing or a fine of $100 per day will be imposed until the violation is abated. rr. 3) Respondent must notify Code Enforcement within 24 hours of abateTent-of the violation and request the Investigator perform a site inspection to confirm compliance. t (24 hours robce shall be by phone or fax and made during the workweek If the violation Is abated 24 ours p'rf 0 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.) r 4) That if the Respondent fails to abate the violation the County may abate the'v o}4on using any method to bring the violation into compliance and may use the assista o Collier_Cg.unty eriff's Office to enforce the provisions of this agreement and all costs of aba ment shal a assessed to property owner. r�Y^� C,✓ Respondent or Representative (sign) Chris Ambach, Supervisor for Michael OssorlD, Director Code Enforcement Division G0M(XS6N C. j-0y1vYW0V1 a Respondent or Representative (print) Date 19 yr ! C� Date Packet Pg. 174 *** OR 6123 PG 2906 *** 8.B.9.a 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 16th day of F nmry, 2022 to Respondent, Kanokwan C. Thaminasen, 350 i St N. Apt. C-1, Naples, FL 34102. Code Enf ement Offic' l r .i f } Packet Pg. 175 8.B.9.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CEROW20210000627 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Kanokwan C. Thamnasen, Defendant(s) STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michele Mcgonagle, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on February 04, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain a permit through certificate of completion or remove material from the right of way as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. That a re -inspection was performed on April 5, 2022 That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: No permit to keep improvements to right of way and materials remain. FURTHER AFFIANT SAYETH NOT. DATED this 21 st day of April, 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE //IwcCIL¢C,¢, 9 Michele Mcgonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me by means of _X_ physical presence or _ online notarization, this 21st day of April, 20122 by Michele Mcgonagle r ELENAM GONZALEZ (Signature of N&ary PublicJ7 I Commission r-GG W714 s nr Expires Harsh 4, 2023 �;OF F, a BffgW rho a+Ol xy Swlon (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 Packet Pg. 176 8.B.9.a CODE ENFORCEMENT — SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, Vs. Kanokwan C. Thammasen Respondent. Case No. CEROW20210000627 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, June 3, 2022, and the Special Magistrate, having received evidence, heard argument and being duly advised respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACTS AND CONCLUSIONS OF LAW Respondent, Kanokwan C. Thammasen is the owner of real property located at 4344 32"d Avenue SE, Naples, FL 34117, Folio 41442960000. 2. On February 4, 2022, Respondent was found guilty of violation of the Collier County Code of Laws and Ordinances, Chapter 1 10, Article II, Section 110-31(a) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(13)(1 xe) and 10.02.06(8)(1 )(exi). An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before April 4, 2022, by obtaining either the required Collier County Building permit or demolition permit, all inspections and a Certificate of Completion or Occupancy for the unpermitted culvert pipe and dirt, or remove all offending material and restore the right of way to its original permitted condition or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded in the Collier County Public Records, OR Book 6123 Page 2903. 4. The violation was not abated from April 5, 2022, to June 3, 2022 (60 days), and fines accrued at a rate of S 100.00 per day, for a total fine amount of $6,000.00. The violation has not been abated as of June 3, 2022. 6. Previously assessed operational costs of SI 11.70 have been paid. Respondent was duly noticed for the public hearing regarding the County's Motion and was represented at the public hearing by her spouse Mr. Nikita Kravcik, who affirmed under oath that he was authorized to represent her. Packet Pg. 177 8.B.9.a 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 Continued for a period of 60 calendar days (August 2, 2022), which would otherwise be no sooner than the scheduled meeting on or about August 5, 2022. B. Daily fines of $100.00 per day shall continue to accrue until abatement has been confirmed by a Collier County Investigator. DONE AND ORDERED this 3rd day of .Tune 2022 at Naples, Collier County, Florida. COLLIER COUNTY CO E NFORCEMENT SPECIAL MAG T Patrick 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.eolliercountyfl.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 patty 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 deg 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 Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this _ day of J�e e,_ , 2022 to Respondent(s), Kanokwan C. Thammasen, 3510 10" Street N. Apt C-1, Naples, FL 34102. -1 Code Enforcement Officia Packet Pg. 178 8.B.9.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. KANOKWAN C THAMNASEN Respondent Case No. CEROW20210000627 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 February 3, 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, Kanokwan C Thamnasen is the owner of the property located at 4344 32nd Ave SE, Naples, FL 34117. Folio 41442960000, 2. On February 4, 2022 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 110, Article 11, Section 1 10-31(a) and 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) to wit culvert pipe and dirt added in the right of way without obtaining required Collier County permits. 3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before April 4. 2022 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier Countv Records. OR 6123 PG 2903, 4. The violation has not been abated as of the hearing date and fines continue to accrue. . 5. Previously assessed operational costs of $111.75 have been paid. 6. Respondents were duly noticed for the public hearing regarding the County's Motion and Nikita Kravcik, husband of the Respondent, was present representing the Respondent at the public hearing. 7. Respondent presented testimony that additional time was required in order to complete abatement. Packet Pg. 179 8.B.9.a 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, 1T IS HEREBY ORDERED: A. Petitioners Motion for Imposition of Fines/Liens is WITHDRAWN. B. The Respondent's ore lenuv Motion for Continuance is GRANTED for one hundred fifty (150) days from the date of this hearing (July 3, 2023) within which to abate the violation based upon the previous order. C. Fines continue to accrue. D. 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 3rd day of February, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE P 41. eal CEsq. Executed by' . " Special Magistrate Patrick H. Neale on , 2023. Filed with the Secretary to the Special Magistrate on L 1 Z-7 , 2023 by 1ft r}a„_ 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.colliercountvfl. ov, Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may, also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court ithin thirty (30) days of the execution of the Order appealed. An appeal shall not he 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. Packet Pg. 180 8.B.9.a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day of ( N 2023 to Respondent. Kanokwan C Thanasen. 350 10''' St. N. Apt C-1. Naples, l 34102 m. ode Enforcemen fficial Packet Pg. 181 CODE ENFORCEMENT - SPECIAL MAGISTRATE. COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. v S. KANOKWAN C. THAMNASEN Respondent. Case No. CEROW20210000627 ORDER OF THE L NIAGISTRATF THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines'Liens on August 4. 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. Kanokwan C. Thamnasen is the owner ofthe property located at 4344 32nd Avenue SE. Naples. FL 34117. Folio 41442960000. 2. On February 4. 2022 owner %%as found guilty of Collier Count) Code of Laws and Ordinances, Chapter 110. Article 11. Section 1 10-31(a). and Collier County Land Development Code 04-41. as amended. Sections 10.02.06(Bx I Xa), 10.02.06(BX I Xe) and 10,02.06(B)(I XeXi), to wit culvert pipe and dirt added in right of way without obtaining required Collier County permits. 3. An initial Order %vas entered b} the Special Magistrate ordering Respondent to abate the violation on or before April 4, 2022 (Order) or a tine of $100.00 per day ►%ould be assessed for any violation that continues thereafter until abatement is contirmed. The Order is recorded at Collier County Records, OR 6123 PAGE 2903. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of SI 11.75 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Nikita Kratcik. hUshimd. x%as present at the public hearing. Mr. Kravcik presented sworn testimony as to health and financial issues that made it impossible for him to complete the abatement of the violation. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended. has been filed. Packet Pg. 182 8.B.9.a ORDER Based upon the foregoing Findings of Fact and Conclusions of La... and pursuant to Else atnitority granted in Chapter 162. Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is granted a continuance for one -hundred twenty-nine (1 19) calendar days until the December Special Magistrate hearing (December 1.2023) for further consideration of'this matter. B. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 41h day of August. 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGIS E _ Patric e e, tsq. Executed bv- Special Magistrate Patrick H. Neale on .20123. Filed "ith the Secretary to the Special Magistrate on 2023 b. PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order ma% be paid at the Collier Countv Code Enforcement Division. 2800 North Horseshoe Drive, Naples. FL 34104. phone ;O (239) 252- 21440 or W"'MI.colliercount fl. oti. An% release of lien or confirniation 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 revie.k ofthe record created.•ithin 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 a ill not automaticallh stay the Special Magistrate's Order. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this j1j4av of�r,�vp2023 to Respondent. KanokvNan C. Thamnasen. 350 10th St N. Apt C-1, Naples. F 3410'_. ��-�" �"�- Code Enforcement Packet Pg. 183 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27257) DOC ID: 27257 CEVR20210000625 Thamnasen CASE NO: CEVR20210000625 OWNER: Kanokwan C Thamnasen OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Removal of native vegetation and/or prohibited exotics from unimproved Estate owned property using heavy machinery without first obtaining approval from the Florida Department of Environmental Protection and obtaining required Collier County permits. FOLIO NO: 41442960000 PROPERTY 4344 32" d Avenue SE, Naples, FL 34117 ADDRESS: 8.B.10 Updated: 11/15/2023 10:17 AM by Helen Buchillon Page 1 Packet Pg. 184 8. B.10.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEVR20210000625 COLLIER COUNTY, FLORIDA, Plaintiff, vs K3nokwan C Thamnasen, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162 06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time. and piace for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit) 3 05.01(B) LOCATION OF VIOLATION: 4344 32nd AVE SE. Naples. FL 34117 SERVED: Kanokwan C. Thamnasen, Respondent Joseph Marino. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended. be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E , Suite 101. Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual, NOTIFICACION: Esta audiencia sera canducida en el idioma In&s. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimlente con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 185 INSTR 6211680 OR 6090 PG 705 RECORDED 2/28/2022 2:42 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S35.50 8.B.10.a CODE ENFORCEMENT — SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COU ,FLORIDA Petitioner, } Case No. — CEVR20210000625 KANOKWAN C. THANIMASEN, Respondent. ORDERTHF, SPECL4,L MAGISTRATE THIS CAUSE came on for public lie-aririg before the Special Magistrate on February 4, 2022, and the Special Magistrate, having heard argundn't � 4xtive to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Orde/of the Special Magistrate, as follows: FINDINGS OF FACT andl SIGNS F LAW .ollr � 1. Respondent, KANOKWAN C. THAMMASE1V,.,A t1h3e`owner of the subject real property located at 4344 3211d Avenue SE, Naples, Florida 34417, Folio No. 41442960000. 2. Respondent was duty notified of the date of hearing ' l� y g �ycertif d mail and posting, was not present at the hearing, but was represented at the hcaring_byher husband, NIKITA JOHN VON KRAVCIK, and entered into a Stipulation resolving all issues between the parties. 3. Respondent's property is in violation of the Collier County Land.Development Code 0441, as amended, Section 3.05.01(B), as follows: Removal of native vegetation and/or prohibited exotics from udi roved estate owned property using heavy machinery without firstobt approval from the Florida Department of Environmental Protection and obtaining required Collier County permits. 4. The violation was not 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- 4, as amended, Packet Pg. 186 OR 6090 PG 706 8.B.10.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of the Collier County Land Development Code 04-41, as amended, tion 3.05.01(B), A. Respondent rdged to pay operational costs in the amount of $111.70 incurred in the prosecutial4 of(this " on or before March 4, 2022. B. Respondent is 'bred to abate the violations by obtaining all required Collier County approved mitigatiopffarid, building permits, all inspections and a Certificate of Completion or Occupancy to either keep the unpermitted improvement of the property as is, or to restore the property to its original peen' ed condition on or before August 4, 2022 or a fine of $100.00 per day will be imposed until a violations have been abated. C. Respondent must notify the Cp&�forcement Investigator when the violations have been abated in order for the Investigator to cq ct a final site inspection to confirm compliance. D. If the Respondent fails to abate the viyldtion as ordered, the County may abate the violation using any method to bring the violation'iato cotnoliance and may use the assistance of the Collier County Sheriff's Office to enforce th6pr6v—ikigns of this Order, and all costs of abatement shall be assessed to the property owner and mayAecome,a lien on the property. DONE AND ORDERED on this day of Februa;iiil2�'*t Naples, Collier County, Florida. COLLIER�CO CODE ENFORCEMENT r SPECIAL MAGG LTE I, Cry",-k K7iiid.Cl2* o!coin.-. �nd{or oIV'erCounty do heerq,,. Jy, r@t the, arc 4e i fumed is a true 2-- coned V*y ol'ka QA k4lid t�,G` ilk " unti'Rorida By Deputy clerk Dalw: ' 'B N DA C. c E O � J PAYMENT OFF Any fines ordered to be paid pursuant to this order mad at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440. 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. 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 Special Magistrate's Order. Packet Pg. 187 OR 6090 PG 707 8.B.10.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, ~l vs Case No. CEVR20210000625 Kanokwan C. Thamnasen Respondent(s), STIPULATION/AGREEMENT Before me, the undersignerd, 1aMMA5`ZY1 C. 1c61no} Ha'n , on behalf of Kanokwan C. Thamnasen, enters into this Stipulation Agreement with ollied County as to the resolution of Notices of Violation in reference (case) number CEVR20210000625 dated the-2eh of January, 2021. 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 i�t_is/strongly recommended that the respondent or representative attend the Hearing. i 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 FebruAr 4 ` 2022; 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 of: Removal of native ve&tatiori,andlor Prohibited Exotics from unimproved Estate zoned property using heavy machinery without first obtain hq/approval from the Florida Department of Environmental Protection or required Collier County permits. // f THEREFORE, it is agreed between the parties that the ReWondent shall; i 1) Pay operational costs in the amount of $1 1 1.70 4 urped ,in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier Courfty approved mitigation plans, building permit(s), inspections, and Certificates of Comple#ion/OccuKancy to either keep the unpermitted improvement of the property as is, or to restore the property to,W original permitted condition within 180 days of this hearing or a fine of $100 per day will be imposed untii the violation is abated. fr 3) Respondent must notify Code Enforcement within 24 hours of abate f^ f the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours no`.ice shall be by phone or fax and made during the workweeK, It the violation is abated 24 hours pnor 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 J '� 4) That if the Respondent fails to abate the violation the County may abate the'V)1o[,Ation using any method to bring the violation into compliance and may use the assistant of the Collier:CQnt riffs Office to enforce the provisions of this agreement and all costs of ab ment hall be as5esse pr owner. 1rnv C. km� Respondent or Representative (sign) Chris Ambach. Supervisor for Michael Ossorio, Director Code Enforcement Division T6mrlase-n c..' CY�Owhoiyl -plel Idok Respondent or Representative (print) b ate 0-1a1� Date Packet Pg. 188 *** OR 6090 PG 708 *** 8.B.10.a 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 16th day of Febreary, 2022 to Respondent, Kanokwan C. Thammasen, 350 �0 8t N. Apt. C-1, Naples, FL 34102. Code R6forceAen ficial �! 1 Packet Pg. 189 8.B.10.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CEVR20210000625 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Kanokwan C. Thamnasen. Defendant(s) STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: That on February 04, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants) was to Obtain all required permits/mitigation plan for the vegetation removal or restore the property to it's original permitted state as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6020 PG _ 705 2. That the respondent did not contact the investigator. 3. That a re -inspection was perforated on 8/412022 That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: The property owner did not obtain all required permits/mitigation plan for the vegetation removal or restore the property to it's original permitted state as stated FURTHER AFFIANT SAYETH NOT. DATED this 30th day of August, 2022. COLLIER COUNTY, FLORIDA NG F THE SPECIA AGISTRATE Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw r to (or of i ed) and subscribed before me by means of�Lphysical presence or online notarization, this y ofl�-,Iy Christopher Ambach (Signature df Notary MIRIAM LORENZO tAWISSION I GG 318M WrtntlType/Stamp Commi a 0e Public) ►: Boned thru Nc&y t'ubAc UWWWmn Personally known � Packet Pg. 190 8. B.10.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. KANOKWAN C THAMNASEN Respondent Case No. CEVR20210000625 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 February 3, 2023, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact. Conclusions of La« and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, Kanokwan C Thamnasen is the owner of the property located at 4344 32-" Ave SE. Naples, FL 34117, Folio 41442960000. 2. On February 4, 2022 owner was found guilty of violation of Collier County Land Development Code 04-41. as amended, Section 3.05.01(B). to wit removal of native vegetation and/or prohibited exotics from unimproved estate owned property using heavy machinery without first obtaining approval from the Florida Department of Environmental Protection and obtaining required Collier County permits. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 4, 2022 (Order) or a fine of S 100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. 'rhe Order is recorded at Collier County Records. OR 6090 PG 705. 4. The violation has not been abated as of the hearing date and fines continue to accrue. 5. Previously assessed operational costs of 5111.70 have been paid. 6. Respondents were duly noticed for the public hearing regarding the County's Motion and Nikita Kravcik, husband of the Respondent, was present representing the Respondent at the public hearing. 7. Respondent presented testimon%- that additional time was required in order to complete abatement. Packet Pg. 191 8.B.10.a 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162. Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines1Liens is WITHDRAWN. B. The Respondent's ore renus Motion for Continuance is GRANTED one hundred fifty (150) days from the date of this hearing (July 3, 2023) within which to abate the violation based upon the previous order. C. Fines continue to accrue. D. 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 3rd day of February, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE�NFORCEMENT SPECIAL MAGISTRATE Executed bv: / Special Magistrate Patrick H. Neale one , 2023. Filed with the Secretary to the Special Magistrate on Z V7 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 wu-v.colliercoun fl. m . 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. Packet Pg. 192 8.B.10.a 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 his 4-7�day Of � 2023 to Respondent. Kanokwan C Thamnasen, 350 1O,h St N, Apt C-1, Na es. FL 34 J Code Enforce ent O ia1 Packet Pg. 193 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs_ KANOKWAN C. THAMNASEN Respondent. Case No. CEVR20210000625 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner'4 Motion for Imposition of Fines/Liens on August 4. 2023. and the Special Magistrate. having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact. Conclusions of Lim and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAN3' 1. Respondent. Kanokwan C. Thamnasen is the owner of the property located at 4344 32nd Avenue SE. Naples. FL 34l 17. Folio 41442960000. 2. On February 4, 2022 owner was found guilty of Collier County Land Development Code 04- 41, as amended. Section 3.05.01(B). to wit removal of native vegetation and or prohibited exotics from unimpro%ed estate owned property using heave machinery without first obtaining approval from the Florida Department of En\ ironmental Protection and obtaining required Collier County penuits. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 4.202.1 (Order) or a fine of $100.00 per day would be assessed for am violation that continues thereafter until abatement is contirnted. The Order is recorded at Collier County Records. OR 6090 PAGE 705. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of SI 11.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the Count_ �'s Motion and Nikita Kravcik. husband, was present at the public nearing. Mr. Kraveik presented sworn testimony as to health and financial issues that made it impossible for him to complete the abatement of the violation. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 194 8. B.10.a ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authorit% granted in Chapter 162. Florida Statutes. and Collier County Ordinance No. 07-44, as amended. IT IS HEREBY ORDERED: A. Respondent is granted a continuance for one -hundred twenty-nine (1 19) calendar days until the December Special Magistrate hearing. (December 1. 2023) of this matter. B. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 4th day of August, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE.It:NFORCEMENT SPECIAL MAGISTRATE 1' tr ck eale, Esq. Executed hy: �r '� Special Magistrate Patrick If. Neale on �. 2023. Filed with the Secretary to the Special Magistrate on 2023 by PAYMENT OF FINES: Any fines ordered to he paid pursuant to this order may he paid at the Collier Count% Code Enforcement Division, 2800 North horseshoe Drive. Naples. FL 34104. phone � (239) 252- 2440 or ti;�+w.collicrcoljntN fl.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also he obtained at this location. APPEAL: An)" aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within tliirt% (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate revie%% of the record created within the original hearing. It is the responsibiiit) of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not atttornatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correWda% v of this ORDER OF THE SPECIAL MAGISTRATE. has been sent by Ii.S. Mail on this of 2023 to Respondent. Kanok%van C. Thamnasen. 350 10th St N. Apt C- I. Na les. FL 34102. Code Enfor men icial Packet Pg. 195 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27230) DOC ID: 27230 CELU20220000539 Maffei CASE NO: CELU20220000539 OWNER: Massimo Maffei OFFICER: Charles Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Illegal storage of commercial materials and equipment not associated with an approved use on an Estates zoned property. FOLIO NO: 38336640009 PROPERTY 5960 Green Blvd, Naples, FL 34116 ADDRESS: 8.B.11 Updated: 11/20/2023 1:02 PM by Miriam Lorenzo Page 1 Packet Pg. 196 8.B.11.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CELU20220000539 COLLIER COUNTY, FLORIDA, Plaintiff, vs MASSIMO MAFFEI, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12. Florida Statutes, and Coilier County Ordinance No. 07-44, as amended. you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date time, and place for the violation below: DATE: 12/01 /2023 TIME: 09.00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use 2 02.03 and 1.04.01(A) LOCATION OF VIOLATION: 5960 Green BLVD, Naples, FL 34110 SERVED: MASSIMO MAFFEI, Respondent Charles Marinos. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office cf the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, Para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vim avek you intepret you pale you-ou. Packet Pg. 197 INSTR 6339489 OR 6197 PG 3570 RECORDED 12/12/2022 3:41 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 8.B.11.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, f VS., r MASSIMO MAFFEI Respondent. �! Case No. CELU20220000539 THIS CAUSE came beforK—the�pecial Magistrate for public hearing on November 4, 2022, and the Special Magistrate, min received evidence and heard argument respective to all appropriate matters, hereupon issues Ws FiWings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: , r' FINDINGS OF FACVAn,d d-JONCLUSIONS OF LAW 1. Respondent, Massimo Maffei is the ner.of the real property located at 5960 Green Blvd., Naples, FL 34116, Folio 3833"40,009: 2. Respondent was duly notified of the by date ofhetkri, certified mail and posting and did not appear at the hearing. F• 3 The Petitioner has presented sworn testimony as thenticated photographic substantial competent evidence that by a preponderan�t -ot�the evidence the property is in violation of Collier County Land Development Oode,64-41, as amended, Sections 1.04.01(A) and 2,02.03 to wit illegal storage -moo ngercial materials and equipment not associated with an approved use on an Es tes' ned property. 4 The violation had not been abated as of the date of the publiSihe. 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, Packet Pg. 198 OR 6197 PG 3571 8.B.11.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, as amended, Sections 1,04.01(A) and 2,02.03 to wit illegal storage of commercial materials and equipment not associated with an approved use on an Estates zoned property. B. Re,,spod t is ordered to pay operational costs in the amount of $111.70 incurred in prose ion of this case on or before 30 calendar days from the date hereof (Decem8er 2022.) C. Respondent m)rst Abate the violation by removing all items and equipment not permitted fvf outside storage to a site designated for such use, or store desired items in a completely enclo ed structure, within 7 days of this hearing, (November 11, 2022) or a fine -of S 0.00 will be imposed for each day the violation remains. D. Respondent shall noti"e jCode Enforcement Investigator within 24 hours of when the violation has been abiatetl in order for the Investigator to conduct a final site inspection to confirm cifmpliatice. E. If Respondent fails to abate, h 4ol'4tion and comply with this Order, the County may abate the violation using any ne htfd to� ring the violation into compliance and may use the assistance of the CollierCouA 3�Sheriff's Office to enforce the provisions of this Order. All costs of abatemche hal ,assessed to the property owner and may become a lien upon the property. f , 1 DONE AND ORDERED this 4th day of Novembsf, 2022`,,at Naples, Collier County, Florida. COLLIER COUNTY CO�P ENFORCEMENT ' SPECIAL MAGIST4tA-T ,-) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this orde�riayiie paid 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 complia nce 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 Packet Pg. 199 *** OR 6197 PG 3572 *** 8.B.11.a 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 HERVQERTIFY that a true and correct copy of thi ORDER OF THE SPECIAL MAGISTRATS,, h een sent by U.S. Mail on this�;hda ofJf%V Be2022 to Respondent, Massimo Maffei, 59.60-Gr2 givd.; aples FL 34116. Code Enforcement Official I, CrMafK Knzef, Cielk of Cwt5 i..an&or ;oilier C; unty do hea -?Airy „raf the a'm 10"hI rRI dls a Inw a. owect copy of ri roes fit in C4i MI1farida BY . �f%l7eputy Clerk < 1, C• Packet Pg. 200 COLLIER COUNTY, FLORIDA OFFICE OF SHE SPECIAL MAGISTRATE COLLIER COUNTY OSM CASE NO. CELU20220000539 BOARD OF COUNTY COMMISSIONERS, Petitioner VS. MAFFEI. MASSIMO, Defendant(s) AFFIDAVIT OF N -SOMPLIAMCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jordann Marines, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: I. That on November 04, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants) was to [] as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did/did not contact the investigator. 3. That a re -inspection was performed on November 16'^, 2022. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions; Prohibited outside storage remains on site and unimproved. FURTHER AFFIANT SAYETH NOT. DATED this l6th day of November. 2022, COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Jordann Marines Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 5wo to {or af0 d subscribed before me by means of i physical presence or online notarization. this .•Vday of Ala► r 702�by Jordann Marinos ignature of Notary Publi (PrintriypeJStamp Com i'' co Public) MYCOMMS N N GG 3f8883 EXPIRES: June 8.2023 Personally known 6 Bondad a. N.Wy P.W Unde'Mk a Packet Pg. 201 8.B.11.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. VS. Case No. CELU20220000539 MASSIMO MAFFEI 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 February 3, 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, Massimo Maffei is the owner of the property, located at 5960 Green Blvd, Naples, FL 34110, Folio 38336640009. 2. On November 4, 2022 owner was found guilty of Collier County Land Development Code 0441, as amended, Sections 1.04.0I(A) and 2.02.03 to wit illegal storage of commercial materials and equipment not associated with an approved use on an Estates zoned property 3. An initial Order was entered by the Special Magistrate ordering Respondents to abate the violation on or before November 11. 2022 (Order) or a fine of $250.00 per day would be assessed for any violation that continues thereafter until abatement is contirmcd. The Order is recorded at Collier County Records, OR 6197 PG 3570. 4. The violation has not been abated as of the hearing date. 5. Previously assessed operational costs of $111.70 have been paid. 6. Respondents were 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 1C, Division 4, Section 2-2029(axS), "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." 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been Filed. Packet Pg. 202 8.B.11.a 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 continued for 30 days (March 5, 2023). B. Fines continue to accrue. DONE AND ORDERED this 3rd day of February, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Executed by: Special Magistrate Patrick H. Neale on �' - �� 2023. Filed with the Secretary to the Special Magistrate on , .2023 by lit a] 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 4 (239) 252- 2440 or www.collicrcoun fl. ay. 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 Pf this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay o 023 to Respondent, Massimo Maffei, 5960 Green Blvd, Naples, FL 34116. Code EnforccniMt Offic Packet Pg. 203 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, Vs, Case No. CELU20220000539 MASSIMO MAFFEI 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 May 5, 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 I . Respondent, Massimo Maffei is the owner of the property located at 5960 Green Blvd. Naples, FL 34116, Folio 38336640009, 2. On November 4. 2022 Respondent was found guilty of Collier County Land Development Code 04-41 as amended, Sections 1.04.010) and 2.02.03, to wit illegal outside storage of commercial materials and equipment, not associated with an approved use on an Estates zoned property. 3. An initial Order was entered on November 4, 2022 by the Special Magistrate ordering Respondent to abate the violation on or before November 11. 2022 (Order) or a fine of $250.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6197 PG 3570. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of $111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and attorney Fitzgerald Frater was present at the public hearing representing the Respondent as legal counsel. Mr. Frater presented evidence that supported a continuance of this matter to a future hearing date. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended, has been fled. Packet Pg. 204 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 DENIED and Respondent is granted a continuance for one hundred twenty (120) calendar days ( September 2, 2023) of this matter. B. Fines continue to accrue. C. IF Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 5th day of May, 2023, at Naples, Collier County, Florida. COLLIER COUNT CQDE ENFORCEMENT SPECIAL MAC E Patr ck le, E'sq. Executed Special Magistrate Patrick H. Neale on > / 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 er www.colliercoun fI. ov. Amy 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 y of 2023 to Respondent, Massimo Maffei. 11 128 Palmetto Ridge DR. Naples. FL 34110. Code Enforcemy,6Offic a Packet Pg. 205 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27231) DOC ID: 27231 CEPM20220005884 AKSHAR OF SW FLORIDA INVESTMENT LLC CASE NO: CEPM20220005884 OWNER: AKSHAR OF SW FLORIDA INVESTMENT LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-240(1)(n)(3). An advertising structure (plaza sign) in disrepair. FOLIO NO: 35832800003 PROPERTY 12555 Collier Blvd, Naples, FL 34116 ADDRESS: 8.B.12 Updated: 11/13/2023 4:19 PM by Helen Buchillon Page 1 Packet Pg. 206 8.B.12.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEPM20220005884 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No _ 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on Y the following date, time, and place for the violation below: a DATE: 12/01 /2023 0000 Ln Co TIME: 09:00 AM o N N PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 col VIOLATION: Advertising Structure 22-241(1)(n)(3) a U LOCATION OF VIOLATION: 12555 Collier BLVD, Naples, FL 34116 M N SERVED: AKSHAR OF SW FLORIDA INVESTMENT LLC, Respondent v Bradley Holmes, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies_ Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con [as comunicaciones de este evento. Por favor traiga su propio traductor AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 207 INSTR 6370245 OR 6220 PG 3131 RECORDED 3/3/2023 9:04 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 8.B.12.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, r i . S vs. f !� Case No. CEPM20220005884 RICHARD A FAUST R0,TRUST Respondent. ' ORDL/R OF THE SPECIAL MAGISTRATE / THIS CAUSE came before tlwSpecial Magistrate for public hearing on February 3, 2023, and the Special Magistrate, having received,e4etice and heard argument respective to all appropriate matters, hereupon issues his Finding's & Fact, Conclusions of La%v and Order of the Special Magistrate, as follows: i FINDINGS OF FAeT .Ind CONCLUSIONS OF LAW 1. Respondent, Richard A Faust Rev T. sT t is pwner of the property located at 12555 Collier Blvd, Naples, FL 34116, Folio 3583280 03 - i 2. Respondent was duly notified of the date of lie 6 by certified mail and posting and Ms. Taylor Di Sarro, property manager was pres t �t rfie`hearing. Ms. Di Sarro presented an executed Authorization to Re Pra eri O�. `f resent ' p p y liter relIecting her authority to act on the owner's behalf. 3. Respondent has stipulated to the fact that the propeft ~ in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 2?2400)(n)(3) to wit an advertising structure (plaza sign) in disrepair. 4. The violation has not been abated as of the date of the public Nearing. ORDFR f. Based upon the foregoing Findings of Fact and Conclusions of Law, and puuAi tnt'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 V1, Section 22-240(1)(n)(3) to wit an advertising structure (plaza sign) in disrepair. Packet Pg. 208 8.B.12.a OR 6220 PG 3132 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 (March 5, 2023). C. Respondent must abate the violation by repairing or causing to be repaired the Plaza LL Advertising Structure (sign), obtaining all required Collier County Building Permit(s), pass all � required insp ctions, and receive the Certificate of Completion/Occupancy, or must remove the LL sign and uAtt obtain any required Collier County Approvals if changes to approved Site O Develo ien an are made by said action - and must obtain a Collier County Demolition permit, pass all r uir 4n pections and receive the certificate of completionloccupancy within ninety = (90) calend'a . dayof the date of this hearing (May 4, 2023) or a fine of S100.00 per day will CO be imposed u ►e violation is abated. Q D. Respondent shall notify the.Code Enforcement Investigator within 24 hours of abatement or 00 compliance in order.for tke)County to conduct a final inspection to confirm abatement. c E. If Respondent fails to abate the violation this Order, Collier County Code 0 N o and comply with the Enforcement Department ma a the violation using an appropriate method to bring the a g yapP p g N violation into compliance. If nesesiaty, the County may request the services of the Collier County a Sheriff's Office in order to ac ss�tKe pr perty for abatement and enforce the provisions of this V Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. � N DONE AND ORDERED this 3rd day of Feblttary U023, at Naples, Collier County, Florida. COLL R g&UNTY CODE ENFORCEMENT SPECIAleMAGIS„TRATir J Executed by: Special Magistrate Patrick Neale on G-a 2' .2023. Filed with the Secretary to the Special Magistrate on Z z) 2, � ) �.... PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order nta be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, 104, phone # (239) 252- 2440 or w%v.v.colliercountyfi.eov. Any release of lien or confirmation of cornoUr=4 or confirmation of the satisfaction of the obligations of this order may also be obtained at this Iocatiort! APPEAL: Any aggrieved party may appeal a final order of the Special Magistra 1UTrie 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. r44..••'Y ])•. Syr,. 1. Cryala Yl t imelff' rk'aCc xta',and jcr WMr C-Urty do hcarbLi (Y d 14 the eSc y 3irtnr r tls a !n e a J Correct w y o1 "fe .rdedin C''Aer y,1; W Sir tycre* Da:a �r f Packet Pg. 209 OR 6220 PG 3133 8.B.12.a 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 -21ay of.2023 to Respondent, Richard A Faust Rev Trust, 6011 Westport LN, Naples, FL 341 16. Code Enforce nt Of 9c al r r M N r— N Packet Pg. 210 *** OR 6220 PG 3134 *** 8.B.12.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20220005884 Richard A. Faust Rev Trust Respcndent(s), STIPULATION/AGREEMENT Before me, the undersig IA41V D( -SQ rrVon behalf of Richard A. Faust Rev Trust, enters into this Stipulation and Agreem nt �vi[h Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20220005884 da dJhe 24th day of June, 2022. This agreement is subject to ahs apt royal 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 FebryaPy 2023; to promote efficiency in the administration of the code enforcement process; and to obtain a quick d nd expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced rSatire�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 thatt4he Respondent shall; 1) Pay operational costs in the amount of 111.Y0 ingIdfrred in the prosecution of this case within .0 days of this hearing. f 2) Abate all violations by. Obtaining all required C6lier C9vunty Building Permit(s) or Demolition permit, inspections, and Certificate of Completion/Oc6pancy, for the repair of the sign within days of this hearing or a fine of 1$ 00-00 per day will be impfted until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hou(s of jbatement of the violation and request the Investigator perform a site inspection to confirm complianeiil' (24 hours notice shall be by phone or fax and made dunng the workweek If the vrdlation is abated 34 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that Is net a Saturday, Sunday or legal hol(day ) ) 4) That if the Respondent fails to abate the violation the County may-ab the violation using any method to bring the violation into compliance and may use the assistance of the ollier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatemen _ II be assessed to the property owner. f Respon nt or Representative (sign) Bradley Holm es;:S'upervisor for Michael Ossorio, Director Code Enforcement Division sf (,,r I' SG11�?rD Respond nt or Representative (print) Date Date .2 -? 2a23 REV 3-29-16 M N Packet Pg. 211 COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE 8.B.12.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. AKSHAR OF SW FL INVEST LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CEPM20220005884 BEFORE ME, the undersigned authority, personally appeared Bradley Holmes, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on February 03, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to repairing or causing to be repaired the Plaza Advertising Structure(sign), obtaining all required Collier County Building Permit(s), pass all required inspections, and receive the Certificate of Completion/Occupancy, or must remove the sign and must obtain all required Collier County Approvals if changes to the approved Site Development Plan are made by said action - and must obtain a Collier County Demolition permit, pass all required inspections and receive the certificate of completion/occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6220 PG3131. 2. That the respondent did not contact the investigator. M N 3. That a re -inspection was performed on May 4, 2023. Violation not abated on that date, nor on May 5, 2023. Fines begin on May 5, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Permit(s) not finaled for reparative work. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of November, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Bradley Holmes Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or affi:r�ryed) a sujibedefore me by means of!/physical presence or online notarization, this ay ofjv0,[�.� Bradley Holm s ( tgnature of Notary Publi Commission # HH 379743 Expires June 8, 2027 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J Packet Pg. 212 8.B.12.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. Vs, 12555 COLLIER BLVD LLC Respondent. Case No. CEPM20220005884 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Respondent's Motion for Extension of Time on May S. 2023. and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact. Conclusions of La%% and Order of the Special Magistrate. as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW Respondent, 12555 COLLIER BLVD LLC is the owner of the property located at 12555 Collier Blvd, Naples. FL 34116. Folio 35832800003. 12555 Collier Blvd. LLC is the successor in interest to the prior Respondent Richard A. Faust Rev. Trust by virtue of a v Trustee's Distributive Deed from the Richard A. Faust Rev. Trust to Carolyn A. Faust recorded in the Public Records of Collier County at OR 6213 Page 1723, and a Special = Warranty Deed from Carolyn A. Faust to 12555 COLLIER BLVD LLC recorded in the d E Public Records of Collier County at OR 6234, Page 3003. N 2. On February 3, 2023 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22, Article VI. Section 22-240(1)(n)(3) to wit Advertising structure (plaza sign) in disrepair. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before Mav 4, 2023 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. 4. The violation has not been abated as of the hearing date. 5. Previously assessed oper•ational costs of $111.70 have been paid. 6. Respondent was duly noticed for the public hearing and the Respondent timely Fled a Motion for an Extension of Time prior to the termination of the abatement period. Taylor Di Sarro. property manager, was present at the public hearing. Testimony was presented that supported the granting of the Motion for Extension of Time. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 213 8.B.12.a 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's Motion for Extension of Time is GRANTED for 60 days, until July 4, 2023, by which time the Respondent is required to comply with the conditions of the February 3, 2023 Order for abatement. DONE AND ORDERED this May 5, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODIs ENFORCEMENT SPECIAL MAGJSTRAX Neale, Esq. Executed by: /� Special Magistrate Patrick H. Neale on Filed with the Secretary to the Special Magistrate on S / 2023 by PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440 or www.colliercoun!yffl.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 __Zl&ay of 2023 to Respondent, 12555 COLLIER BLVD LLC, 6011 Westport LN, Naples, FLA3416. Code Enforcement Official M N N Packet Pg. 214 8.B.12.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CEPM20220005884 AKSHAR OF SW FLORIDA INVESTMENT LLC 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 i, 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 M N N 1. Respondent, Akshar of SW Florida Investment LLC is the owner of the property located at v 12555 Collier Blvd, Naples, FL 34116. Folio 35832800003. 2. On February 3, 2023 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22, Article V1. Section 22-240(1 Xn)(3), to wit an advmising structure (plaza sign) in disrepair. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 4, 2023 (Order) or a fine of $100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records. OR 6220 PG 3131. 4. On May 5, 2023 the Respondent's Motion for Extension of Time was GRANTED for 60 days, until July 4, 2023, by which time the Respondent was required to comply with the conditions of the February 3, 2023 Order for abatement. 5. Fines have accrued at a rate of $100.00 per day from July 5, 2023, to September 1, 2023. (59 days) for a total fine amount of $5,900.00. 6. The violation has not been abated as of the date of the public hearing. 7. Previously assessed operational costs of $111.70 have been paid. 8. Respondent was duly noticed for the public hearing regarding the County's Motion and Janak Patel, president of Akshar of SW Florida Investment, LLC, new property owner, was present Packet Pg. 215 8.B.12.a at the public hearing. Mr. Patel stated that he was not aware of the violation prior to receiving the hearing notice for today's hearing. The Respondent took title to the property on June 15, 2023, after the original hearing on this matter. Mr. Patel testified that he is making efforts to comply with the Order. Further. the Respondent requested an Extension of Time for 90 days. 9. As the time for compliance has passed, no extension of time can be considered. Evidence and testimony was presented that support a continuance of this matter. 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. Respondent is granted a CONTINUANCE until the December Special Magistrate hearing, ninety-one (91) calendar days (December 1, 2023) for further consideration of this matter. B. Fines do not continue to accrue. C. 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 M bring the violation into compliance. If necessary, the County may request the services of the N Collier County Sheriff s Office in order to access the property for abatement and enforce the v provisions of this Order. All costs of abatement shal I be assessed against the property owner J and may become a I ien on the property. DONE AND ORDERED this 1st day of September, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE rP lri . Ne, , Es+ Executed by: Special Magistrate Patrick H. Neale on i 2023, Filed with the Secretary to the Special Magistrate on ♦ , 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 �%i%%%.ct)llieraount\ Il,,-,iiN . 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 Packet Pg. 216 8.B.12.a responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay of 2023 to Respondent, Akshar of SW Florida Investment LLC, 3690 21 st Ave SW, Napl s, FL 341 17. Code EnforcerWt O M N r- N Packet Pg. 217 INSTR 6418978 OR 6260 PG 1481 E—RECORDED 6/21/2023 10:23 AM PAGES 2 8.6.12.a CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA DOC@.70 $8,400.00 REC .$18.50 CONS $1,200,000.00 Prepared by & Return to: Michelle Roman Tropical Title 3375 Pine Ridge Road, Suite 204 Naples, FL 34109 2305P0199 Consideration $1,200,000.00 Warranty Deed Made this ,day of June, 2023 A.D. by 12555 Collier Blvd,,aC;, a Florida limited liability company, r whose address is: 6011 Westport Lane, Naples, Florida 34116, hereinafter called the grantor(s), to AKSHAR of SW Florida Invest et LLC, a Florida limited liability company, N o 04 whose address is: 3690 21st Av,6nue SW, Naples, Florida 34117, hereinafter called the grantee(s): E a � LU (Whenever used herein the term "g4ntoryand "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) M 'J N Witnesseth, that the grantor, for and in -consideration of the sum of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is'herey acknowledged, hereby grants, bargains, sells, aliens, v remises, releases, conveys and confirms untq the grantee, all that certain land situate in Collier County, J Florida, viz: Lots 28, 29, and 30, Block 73, Unit 2, P t j,' Golden Gate, according to the Plat thereof, E recorded in Plat Book 9, Page(s) 116 thrggh;120, of the Public Records of Collier County, Florida. c Parcel ID Number: 35832800003 J ° f U- Subject to zoning and use restrictions imposed by governmental authority; restrictions, covenants and Cn easements of record; reservation of oil, gas and mineral rights of record. o Together with all the tenements, hereditaments and appurtena(nces thereto belonging or in y anywise appertaining. t` Q 1 � To Have and to Hold, the same in fee simple forever. --�� ,. co 0 And the grantor hereby covenants with said grantee that the grantor is lally seized of said land N wfu in fee simple; that the grantor has good right and lawful authority to sell and convex -$aid land; that the c grantor hereby fully warrants the title to said land and will defend the same agains(the lawful claims of all C*4 persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent toLU rL December 31, 2022. L) Packet Pg. 218 *** oR 6264 PG 1482 *** 8.B.12.a In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in our presence. f (mac ✓v t Witne s 1 IV�ich�le P. Roman 12555 Colli Blvd, LLC , a Florida limited liability Printe company b Carolyn A. Faust, Manager Witness 2 '.. Printed Name J f i State of Florida County of Collier f r The foregoing instrument wa acknowledge tiefdre me by means of ,physical presence or online notarization, this day of June, ?(}23, Jay 555 Collier Blvd, LLC , a Florida limited liability company by Carolyn A. Faust, Manager, who 4$ personally known or has produced a driver's license as identification. (SEAL) MICHELLE P, ROMAN Notary Public - State of Florida My Comm.ExpiresExpires�3 Oct ZO 2023 (corded through National Notary Assn. y � •.�;` -Nota Pub I mint Name: ehelle P. Roman My( I amm)ssion Expires: Cl) N r- N U J J C d m c �L _O U_ Cn 4- 0 t rn Q 0 0 LO 0 0 0 N N 0 N a w U c m E t v R Q Packet Pg. 219 MICHELLE P, ROMAN Notary Public - State of Florida My Comm.ExpiresExpires�3 Oct ZO 2023 (corded through National Notary Assn. y � •.�;` -Nota Pub I mint Name: ehelle P. Roman My( I amm)ssion Expires: Cl) N r- N U J J C d m c �L _O U_ Cn 4- 0 t rn Q 0 0 LO 0 0 0 N N 0 N a w U c m E t v R Q Packet Pg. 219 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27232) DOC ID: 27232 CEPM20220004164 WEST SHORE POINT NAPLES LLC CASE NO: CEPM20220004164 OWNER: West Shore Point Naples, LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(f). A damaged staircase in need of repair. FOLIO NO: 389880006 PROPERTY 2125 Scrub Oak Circle, Naples, FL 34112 ADDRESS: 8.B.13 Updated: 11/14/2023 8:31 AM by Helen Buchillon Page 1 Packet Pg. 220 8.B.13.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEPM20220004164 COLLIER COUNTY, FLORIDA, Plaintiff, vs WEST SHORE POINT NAPLES LLC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 al 07-44. as amended, you are hereby ordered to appear at a the following date, time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM d 162.12, Florida Statutes, and Collier County Ordinance No. public hearing before the Office of the Special Magistrate on PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Safe Stairs/Porches - Dwelling 22-231(12)(f) LOCATION OF VIOLATION: 2125 Scrub Oak Cir, Naples, FL 34112 SERVED: WEST SHORE POINT NAPLES LLC, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles- Servicios the traduccion no seran disponibies en la audiencia y usted sera responsible de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su prepio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pafe angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 221 INSTR 6359714 OR 6212 PG 3923 RECORDED 2/6/2023 9:43 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 8.B.13.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, f i vs : `. : Case No CEPM20220004164 WEST SHORE POP.iT, ES, LLC Respondent Q _ ER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the-Sp�cW Magistrate for public hearing on December 2, 2022, and the Special Magistrate, having recciveWevidehc.e and heard argument respective to all appropriate matters, hereupon issues his Findings of 1raG� leo elusions of Law and Order of the Special Magistrate, as follows j R. FINDINGS OF FACjE and CONCLUSIONS OF LAW 1 Respondent, West Shore Point Napless 1..LC � xhe owner of the property located at 2125 Scrub Oak Circle, Naples, FL 34112, Fok63$4>3 9006 2 Respondent was duly notified of the date of .eapr ng by certified mail and posting and was represented at the hearing by Addary Alfonso, pursuant'to a Power of Attorney authorizing her to act on behalf of the Respondent Said Power qFA ` rney was reviewed by the Special Magistrate and found to be in order and to validly kippoVA Addary Alfonso as attorney in fact for matters related to this code enforcement case _ 1 3 Respondent has stipulated to the fact that the property is.m ioiation of Collier County Code of Laws and Ordinances, Chapter 22, Article V1, Section 2?,q 1 ��(f) to wit a damaged staircase in need of repair. � 4 The violation has not been abated by Collier County as of the dateof tl� 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 22-231(12)(f) to wit a damaged staircase in need of repair Packet Pg. 222 OR 6212 PG 3924 8. B.13.a B Respondent is ordered to pay operational costs in the amount of$111.65 incurred in the prosecution of this case within thirty (30) calendar days from the date of this hearing (January 1, 2023). C Respondent must abate the violation by obtaining any required Collier County building permits, inspections, nd certificate of completion for the repairs to the damaged staircase within forty- five cal�e�dir days (45) of this hear ing (January 16, 2023) or a fine of $500.00 per day will be imposl�d tinge, violation has been abated D Respondent sthall tyfy the Code Enforcement Investigator within 24 hours of abatement or compliance inei fck the County to conduct a final inspection to confirm abatement1. E If Respondent f0s to abate the violation and comply with this Order, the Collier County Code Enforcement DepartrnenLnyiy abate the violation using any appropriate method to bring the violation into compliance f necessary, the County may request the services of the Collier County Sheriffs Office in orde o access, the property for abatement and enforce the provisions of this Order All costs of abateme a be assessed against the property owner and may become a lien on the property , 11 DONE AND ORDERED this 2`1 day o`f,Dpe6mber, 2022, at Naples,rCollie`r County, Florida. PaGrick'H. PAYMENT OF FINES: Any fines ordered to be paid purst�sa4tdi this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoc Eri�ati Npies, FL 34104, phone 4 (239) 252- 2440 or www colliercountytl ¢ov Any release of Len or confii•mof comphance or confirmation of the satisfaction of the obligations of this order may also be obtafthis location APPEAL Any aggrieved party may appeal a final order of the Spel ial Nl gistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed An appeal s 11,not be a hearing de novo but shall be limited to appellate review of the record created within the or final tearing It is the responsibility of the appealing parry to obtain a transcribed record of the h@arvdg from the Clerk of Courts Filing a Notice of Appeal will not automatically stay the Special Ma�str to q )Order CERTIFICATE OF SERVICE )• I HEREBY CERTIFY that MAGISTRATE, has been sent by U S Shore Point Naples, LLC, c/o David J CC.�,�r I, Crystal K ffinz Clerk of Corats,.', a2d forttiar C unty do hurry entity • at the a6c +e n shument s a lrtse a.: i oor ed copy -of 'he o 1 fired C-'her unty, eel By Deputy Clerk 061 r�{fir . � , •• , a true and correct copy of this ORDER OF THE SPECIAL Marl on this ay of December, 2022 to Respondent, West Sacco, One Inte national ce, 00, Boston, MA 02110 Code rat Packet Pg. 223 *** OR 6212 PG 3925 *** 8.B.13.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs West Shore Point Naples LLC, % David J Sacco 4P Case No. CEPM20220004164 Res?ndent(s), STIPULATION/AGREEMENT Before me, the undersigned, Addary Alfonso, on behalf of West Shore Point Naples LLC, % David J Sacco, enters into this Stipulation an! Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20220004164 dated the 28", day of April 2022. This agreement is subject to the approd'al 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 December 21, 2022; 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`Vicilation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florid,3 Statute 162. r F' THEREFORE, it is agreed between the parties that the Respondent shall; _ ;r 1) Pay operational costs in the amount of $111 65 incurreoh, the prosecution of this case within 30 days of this hearing / 2) Abate all violations by Obtaining any required Collier County building permits, insoecti0ns, and certificate of completion for the repairs to the damaged staircases within 45 days of the h�hg or a fine of- -N will be im osed until the violation has been abated � Fyw . ('C, ��, d(,.) �Aa 3) Respondent must notify Code Enforcement within 24 hours of,�at'ment 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 violaLen as abated 24),6ats ` or to a Saturday, Sunday or legal holiday, ilien the notification must be made on the next day that is not a Saturday, Sunday or legal holiday } ma 4) That if the Respondent fails to abate the violation the County y aba a the violation using any method to bring the violation into compliance and may use the assistance of th5 Cotfier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be/assessed to the property owner f G ` Responden or Representative (sign) Bradley Holmes, Supervisor for Michael Ossorio, Director Code Enforcement Division A 12 20-22 Respondent or Representative (pnnt) Date �z U201-z- Date REV 3-29-16 Packet Pg. 224 8.B.13.a COLLIER COUNTY. FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CEPM20220004164 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. WEST SHORE POINT NAPLES LLC %DAVID J SACCO ONE INTERNATIONAL PL #3900, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on December 02, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was in violation as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on January 17, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Violation Remains FURTHER AFFIANT SAYETH NOT. DATED this 17" day of January 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Jo(athaV Musse CoVeOforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw9fn to (or a rmed) and subscribed before me by means of physical presence or online notarization, thi fZk!& day nuary 2023 by Jonathan Musse (Signathre of Nota`r blic �! •.. WRINM LOREN20 Public) SWKW t+n, Notary Pdfic urr. ex �,ttrs Personally known d Packet Pg. 225 8.B.13.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. ``s. Case No. CEPM20220004164 WEST SHORE POINT NAPLES LLC 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 July 7, 2023. and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate. as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, West Shore Point Naples LLC is the owner of the property located at 2125 Scrub Oak Cir, Naples, FL 34112, Folio 389880006. 2. On December 2, 2022 owner was found guilty of Collier County Code of Laws and Ordinances. Chapter 1-2. Article VI. Section 22-231(12)(f), to wit damaged staircase in need of repair. On December 2. 2022, the Special Magistrate issued a Findings of Fact. Conclusions of Law and Order. The Respondent %%as found in violation of the referenced ordinance and ordered to correct the violation. The Special Magistrate ordered the Respondent to abate the violation on or before Januan- 16. 2023 (Order) or a fine of $500.00 per day would be assessed for any violation that continued thereafter until abatement is confirmed. The Order is recorded at' Collier County Records. OR 6212 PG 3923. On February 3, 2023. the Special Magistrate granted a continuance for 90 days with fines continuing to accrue. The violation has not been abated as of the date of the public hearing. The Respondent and Petitioner both testified that a permit had been applied for which was in rejection status as of the date of this hearing. 5. Previously assessed operational costs of $111.65 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Addary Alfonso was present at the public hearing. Packet Pg. 226 8.B.13.a 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended. has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is granted in additional continuance for sixty (60) calendar days (September 5 2023) of this matter. B. Fines continue to accrue. DONE AND ORDERED this 7th day of July, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MA TRtCTE ' Pat alp. Executed by: - Special Magistrate Patrick H. Neale on 2023. Filed with the SeCKtar<to the Special Magistrate on 2023 by PAYMENT OF FIN -ES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 Notch Horseshoe Drive, Naples, FL 34104. phone # (239) 252- 2440 or www.colliercountyfl.sov. 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 Magistrates Order_ CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE. has been sent by U.S. Mail on this y of-J X 2023 to Respondent. West Shore Point Naples LLC. c/o David J. Sacco. One Into ationaf Places#3900, Boston, MA 02110. Code EntiKemendOfficial Packet Pg. 227 8.B.13.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. WEST SHORE POINT NAPLES LLC Respondent. Case No. CEPM20220004164 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 October 6, 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 i Respondent. West Shore Point Naples LLC is the owner of the property located at 2125 Scrub Oak Circle, Naples, FL 34112, Folio 389880006. On December 2, 2022 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12xf), to wit damaged staircase in need of repair. 3 An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before January 16, 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 Countv Records, OR 6212 PG 3923. On February 3, 2023, the Special Magistrate granted a continuance to May 4, 2023. On July 7. 2023, the Special Magistrate granted a continuance to September 5, 2023. 4. The violation has not becn ahated as of the date of the public hearing. 3. Previously assessed operational costs of $111.65 have been paid. a Respondent was duly noticed for the public hearing regarding the County's Motion and Attorney Todd Allen, Respondent's representative was present at the public hearing. Respondent presented testimony that they are working with a contractor to get repairs done Respondent made an ore tenus motion for a continuance of the hearing to allow time to comply. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 228 8.B.13.a 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 REREBY ORDERED: A Respondent's ore tenus motion for a continuance is GRANTED. Respondent is granted a continuance for fifty-six (56) calendar days until the December I, 2023 Special Magistrate hearing for further conisderation of this matter. B. Fines continue to accrue. C. 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 6th day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Patric H, Wale. Esq. Executed by;.Special Magistrate Patrick H. Neale on Filed with the Secretary to the Special Magistrate on ev , 2023 by i PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order n County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone 4 (239) 252- 2440 ar �� ►� c�iiitrcn��nt� tL�� . 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 BORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay ofLb ,,,-2023 to Respondent, West Shore Point Naples LLC, c/o David J. Sacco, One fnternati0 al Place, #3900. oston, MA 02110 C Code Enforceme t O ial Packet Pg. 229 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27234) DOC ID: 27234 CENA20230003919 S & O LLC CASE NO: CENA20230003919 OWNER: S & O LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-180 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03. Litter/Prohibited outside storage including, but not limited to, cardboard, blanket, cans, and bags. FOLIO NO: 35832160002 PROPERTY 1790 40' Terr SW, Naples, FL 34116 ADDRESS: 8.B.14 Updated: 11/14/2023 8:34 AM by Helen Buchillon Page 1 Packet Pg. 230 8.B.14.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS. Case: CENA20230003919 COLLIER COUNTY, FLORIDA, Plaintiff, vs S & 0 LLC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended. you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use 54-179, 54-180, 54-181 and 2 02.03 LOCATtON OF VIOLATION: 1790 40th TER SW, Naples, FL 34116 SERVED: S & 0 LLC, Respondent Ryan Cathey, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 101. Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audience sera conducida en el idioma Ingles Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 231 INSTR 6470152 OR 6300 PG 3787 RECORDED 10/27/2023 1:20 PM PAGES CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S27.00 8.B.14.a CODE ENFORCEMENT -SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, S&OLLC Respondent. Case No. CENA20230003919 THIS CAUSE came before thb,. eahal, Magistrate for public hearing on October 6, 2023, and the Special Magistrate, having received evi&ncerado heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, CondlusprfsQf Law and Order of the Special Magistrate, as follows: t FINDINGS OF FACT nd CONCLUSIONS OF LAW I. Respondent, S & O LLC is the owner oft;fle property located at 1790 40th Ter SW, Naples, FL 34116, Folio 35832160002, 2. Respondent was duly notified of the date of hdaro by ertified mail and posting and was not present at the hearing. r 3. The Petitioner presented substantial competent evidence ' the form of testimony and pictorial evidence that proved by a preponderance oft a evidence that the real property of the Respondent is in violation of the Collier County Code of L��v s a�i d Ordinances, Chapter 54, Article V1, Sections 54-179, 54-180 and 54-181, and Collier County Land Development Code 04-41, as amended, Section 2.02.03 to wit litter/prohibited ouis�e storage including, but not limited to, cardboard, blanket, cans, and bags. } 4. The violation had not been abated as of the date of the public hear-W.' 7 5. Respondent was duly noticed for the public hearing regarding the County's M tion and was not present at the public hearing. Pursuant to Collier County Code of ws and Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, Packet Pg. 232 OR 6300 PG 3788 8.B.14.a IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-180 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, cardboard, blanket, cans, and bags. B. Rcspondefnt Z Bred to pay operational costs in the amount of S111.70 incurred in the prosecutiop=f jhiS-.,case within thirty (30) calendar days from the date of this hearing (November 5,1.11023 . C. Respondent must a"cthe violation by removing all unauthorized accumulation of litter and all other iterng'not permitted for outside storage to a site designated for such use, or store desired items in a cornhletely enclosed structure within 7 calendar days of the date of this hearing (October-i*3;: 23) or a fine of $250.00 per day will be imposed until the violation is abated. j D. Respondent shall notify the Cltde E�forccment Investigator within 24 hours of abatement or compliance in order for the Coiui#y tq conduct a final inspection to confirm abatement. e i. E. If Respondent fails to abate the viotat on and comply with this Order, the Collier County Code Enforcement Department may abate* vi�tion using any appropriate method to bring the violation into compliance. If necessary, e Co'Upty may request the services of the Collier County Sheriff's Office in order to access the pfope Or, abatement and enforce the provisions of this Order. All costs of abatement shall be assEssed. ajnst the property owner and may become a lien on the property. i DONE AND ORDERED this 6th day of October, 2023, ayi aples, Collier County, Florida. COLLIER COUN DE ENFORCEMENT SPECIAL MA i E ' atrick "e'aK6,Esq. s Executed rl Special Magistrate Patrick H. Neale 0 v , 2023. Filed with the Secretary to the Special Magistrate on _40, 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 ++ 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 Magistrat 'ffiiYiq ,Circuit.Court within thirty (30) days of the execution of the Order appealed. An appeal shalh�no}ieai�:�?ng de novo but shall be limited to appellate review of the record created within.the ori�t{i�t�-fi* d}t;ii.•ii&e.. �ry:lc1 Y'Fis nt• C}t1"�' £ �_� � `T �'+rr rnY+1y �Ifle. end correct rL t. SY De" Clerk Date:...La T •.��. Packet Pg. 233 *** OR 6300 PG 3789 *** 8.B.14.a 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 Veen sent by U.S. Mail on this ay of 023 to Respondent, S & O LLC, 6821 LakeA�c �� ood Dr, Ft. Myers, FL 33908, Code Enforc vent cia[ f f! Packet Pg. 234 8.B.14.a COLLIER COUNTY. FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. S & O LLC, Defendant %FIADAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CENA2023000391 q BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on October 6, 2023, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant was to abate all violations as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on October 16, 2023. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Litter/prohibited outside storage remains. FURTHER AFFIANT SAYETH NOT. DATED this 1 Sth day of October 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER rn to (or affirmed) and subscribed before me by means of X physical presence or online notarization, 18th day of OetP,be _ 3 by Ryan Cathey / Q ' Cammission Y HH 319743 'PROF FI�At Expires June a, 2027 (Print/TypeiStamp Commissioned Name of Notary Public) Personally known � Packet Pg. 235 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27235) DOC ID: 27235 CEPM20220008389 1725 W VOGEL LLC CASE NO: CEPM20220008389 OWNER: 1725 W Vogel LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(1), 22-231(5), 22-231(12)(p) and 22-231(13). A violation of the minimum occupancy standard in that the unit is only 81 sq ft according to the sketches provided on Collier Appraiser's website and not the recommended minimum of 250 sq ft. the unit contains a stove without burners and has damaged interior walls and ceiling. FOLIO NO: 61483000006 PROPERTY 2996 Francis Ave, Unit #11, Naples, FL 34112 ADDRESS: 8.B.15 Updated: 11/14/2023 8:38 AM by Helen Buchillon Page 1 Packet Pg. 236 8. B.15.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CEPM20220008389 COLLIER COUNTY, FLORIDA, Plaintiff. vs 1725 W VOGEL LLC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes. and Collier County Ordinance No. 07-44, as amended. you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: General Maintenance 22-231(1), 22-231(5), 22-231(12)(p) and 22-231(13) LOCATION OF VIOLATION: 2996 Francis Ave, Unit #1, Naples, FL 34112 SERVED: 1725 W VOGEL LLC, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Ashley Eoff COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2496 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tam iami Trail F , Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles- Servicios the traduccion no seran disponibles en la audiencia y Listed sera responsabie de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pai6 angle tanpri vini avek you intepret you pale you-ou. U J J J w 0 O uO N ti o) 0 M 0 O O 0 N N O N r- (L w U uO M N ti N U J J d 0) 0 LO N ti 0 0 M 0 O 0 0 N N O N a w U r c d E s c,s r a Packet Pg. 237 INSTR 6360510 OR 6213 PG 1973 RECORDED 2/7/2023 2:15 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S35.50 8.B.15.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, 1 vs ! Case No CEPM20220008389 1725 W VOGEL Respondent PHIS CAUSE came before the SSp�cial Magistrate for public hearing on December 2, 2022, and the Special Magistrate, having received'evi0Pnce and heard ai gument respective to all appropriate matters, hereupon issues his Findings of >r act conclusions of Law and Order of the Special Magistrate, as follows { s, FINDINGS OF FAC:X andd CONCLUSIONS OF LAW 1 Respondent, 1725 W Vogel LLC is the,oWnpr of the property located at 2996 Francis Ave, Unit #11, Naples, FL 34112, Folio 61483ff009M , . Z.., 2 Respondent was duly notified of the date ofeeViilk 6 certified mail and posting and was represented at the hearing by Trevor Ekovich, 6f,Ppemier Property Management, the property manager for the subject property Sworn testimody.yr�s. p esented by Mr Ekovich and Code Enforcement Officer Jonathan Musse that Mr EkQvrch ' an authorized representative of the Respondent A property management agreement was also presented reflecting that Premier Property Management is the property manager for the sulcct 'foperty 3 Respondent has stipulated to the fact that the property is in yr l o of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-;U l O�6,..;2-231(5), 22- 231(12)(p) and 22-23 ](13), to wit a violation of the minimurii_am� u' pan'c standard in that the unit is only 81 sq ft according to the sketches provided on Collwf Aj)ji sec's website and not the recommended minimum of 250 sq ft The unit contains a stave:"ghout burners and has damaged interior wails and ceiling 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, Packet Pg. 238 OR 6213 PG 1974 8.B.15.a IT IS HEREBY ORDERED A Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(I), 22-231(5), 22-231(12)(p) and 22-231(13), to wit a violation of the minimum occupancy standard in that the unit is only 81 sq ft. according to the sketches provided on,.Colher Appraiser's website and not the recommended minimum of 250 sq ft The unit containa stove without burners and has damaged interior walls and ceiling B. Respondg !!,r s ordered to pay operational costs in the amount of $111.70 incurred in the prosecution Of case within thirty (30) calendar days from the date of this hearing (January 1,,202 C Respondent mustrZat?the violation by obtaining all required Collier County building permits, or demolition permits, inspections and Certificate of Completion to expand the unit to the required minimum square foot ago-o 50 square feet and repair the damages to the interior walls and ceiling or repair the dam es and restore the room to an unoccupied storage space within sixty (60) calendar days of We date of�this hearing (January 31, 2023) or a fine of S500.00 per day will be imposed until the vio do jis abated 5 D Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the Cour�y to conduct a final inspection to confirm abatement E If Respondent fails to abate the vrolei£ioitid comply with this Order, the Collier County Code Enforcement Department may abate ill violation using any appropriate method to bring the violation into compliance If necessary, tli abrtty may request the services of the Collier County Sheriff's Office in order to access the p pert r onabatement and enforce the provisions of this Order All costs of abatement shall be assmfed 11"! ist the property owner and may become a lien on the property DONE AND ORDERED this 2n" day of December, 2022;`4itk'hotes, Collier County, Florida. COLLIER COUNT -E ORCEMENT SPECIAL MAGIS 1'atrickgn.^P-5Wt PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order mac paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104fphone ## (239) 252- 2440 or www,colhercoun!yfl.jzgv Any release of lien or confirmation of compliwnir' 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 Q 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 Nop> e_of Appeal will not automatically stay the Special Magistrate's Order T. C"I K 41e1, Cieik of Carts f � etnd for',.611or C-unty do hpar6y..ep,tyj.,a# il,e alit �e �.atrom�.it,s �nfa a,.� coned copy of Ole ort fited� , 4W C6uety, Fb Clerk � .�4lfitrt . Packet Pg. 239 OR 6213 PG 1975 8. B.15.a CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U S. Mail on this P/Aday of December, 2022 to Respondent, 1725 W Vogel LLC, 4006 W Soft Wind Drive, Glendale, A 85310 �1 Code Enfo en lcial Packet Pg. 240 *** OR 6213 PG 1976 *** 8.B.15.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs Case No CEPM20220008389 1725 Vogel LLC Respondent(s), STIPULATION/AGREEMENT Before me, the undefsign _ � ��w _ , on behalf of 1725 Vogel LLC, enters into this StipulatipK ajtm d Agreeent with Collier County as to the resolution of Notices of Violation in reference (case) number CE 7 0220008389 dated the 5th day of October 2022 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 December 2nb, 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick pnd 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. tia Florida Statute 162. THEREFORE, it is agreed between the parties That 'Respondent shall, 1) Pay operational costs in the amount of $171; 7 cr it in the prosecution of this case within 30 days of this hearing 2) Abate all violations by. f Obtaining all required Collier County Building Pel`rmit(s}, or Demolition Permit, Inspections, and Certificate of Completion/Occupancy to expand the unit to the required minimum square footage of 250 square feet and repair the damages to tfie,-interior wails and ceiling or repair the damages and restore the room to an unoccupied storage space within 60 days of this hearing or a fine of $500 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 nours notice shall be by phone or fax and made during the workweek If the violation Is abated'24 hl prior to a Saturday, Sunday or legal holiday, then the nobflcation must be made on the next day that s not a Saturday, Sunday or legal holiday } ' 4) That if the Respondeis f ils to abate the violation the County may ae;ite the violation using any method to bring the violation compliance and may use the assistance of ther Collier County Sheriff's Office to enforce the pro i of this agreement and all costs of abatemenFshaff b assessed to the property owner Res nt or Representative (sign) Bradley Holme , Supervisor for Michael Ossorio, Director Code Enforcement Division Respondent or Representative (print) Date Date REV 3-29-16 Packet Pg. 241 8.B.15.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. 1725 W VOGEL LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CEPM20220008389 BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: That on December 02, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants) was in violation as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book PG 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on January 31, 2023, That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Violation Remains FURTHER AFFIANT SAYETH NOT. DATED this 3 l" day of January 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Jonat an usse Code orcement Official STATE OF FLORIDA COUNTY OF COLLIER S% rn to (or affirm and s scribed before me by means of /Physical presence or _ online notarization, this S)- day of 2023 by Jonathan ( ignature No P bli (PrinLTypeiStamp Co nit;§s'0—d Namt'of,)�e t 'M 7 Public) Personally known 4 Packet Pg. 242 8.B.15.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CEPM20220008389 1725 W VOGEL LLC Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition ofFines/Liens on October 6, 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 I . Respondent, 1725 W VOGEL LLC is the owner of the property located at 2996 Francis Ave Unit #1 1, Naples. FL 34112, Folio 61483000006. On December 2, 2022 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-23) (1), 22-231(5), 22-231(12)(p) and 22- 231(13), to wit violation of minimum occupancy standard in that the unit is only 81 sq fl according to the sketches provided on Collier Appraiser's website and not the recommended minimum of 250 sq ft. The unit contains a stove without burners and has damaged interior walls and ceiling. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before January 3 I, 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 6213 PAGE 1973. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of Sl 11.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Steve Mills was present at the public hearing. Respondent presented testimony that most of the work has been completed and permit only needs to be finaled. Further testimony indicated that the current owner acted to rectify the issue when it was made aware of the violation. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended. has been filed, Packet Pg. 243 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 granted a continuance for twenty-eight (28) calendar days until the November 3, 2023 Special Magistrate hearing for further consideration of this matter. B. Fines continue to accrue- C. If Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff`s Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 61h day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAG;STRATE stric genie, Esq. Executed bye 1 Special Magistrate Patrick H. Neale onA Filed with the Secretary to the Special Magistrate on / , 2023 by 04 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 �� .cnllicr�uunt� Il.k,o.. 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 HERESY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this y off b,12023 to Respondent, 1725 W VOGEL LLC, 4006 W. Soft Wind Drive. Glendale. AZ 8 10. Code Enforcemeont Offs ial Packet Pg. 244 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27236) DOC ID: 27236 CESD20200000453 Gonzalez and Reyes CASE NO: CESD20200000453 OWNER: Carlos Gonzalez and Barbara Reyes OFFICER: Cristina Perez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted addition/improvements. FOLIO NO: 40982200001 PROPERTY 2660 8' Ave SE, Naples, FL 34117 ADDRESS: 8.B.16 Updated: 11/14/2023 8:44 AM by Helen Buchillon Page 1 Packet Pg. 245 8.B.16.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20200000453 COLLIER COUNTY, FLORIDA, Plaintiff, vs CARLOS GONZALEZ AND BARBARA REYES, Respondents) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below DATE: 12/01/2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10 02 06(B)(1)(a) LOCATION OF VIOLATION: 2660 8th AVE SE, Naples, FL 34117 SERVED: CARLOS GONZALEZ AND BARBARA REYES. Respondent Cristina Perez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Te#ephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. shoutd contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E . Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual_ NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, pars un mejor eniendimiento con las comunicaciones de este evento. Pot favor traiga su propio traductor. AVETISMAN, Taut odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 246 INSTR 6300488 OR 6166 PG 3187 RECORDED 8/24/2022 1:57 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S35.50 8.B.16.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, r vs. `. r CARLOS GONZ AND BARBARA REYES Respondent. Case No. CESD20200000453 THIS CAUSE came before pecial Magistrate for public hearing on August 5, 2022, and the Special Magistrate, having rerreived evidence and heard argument respective to all appropriate matters, hereupon issues his4'indipgs of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: W 1. Respondents, Carlos Gonzalez and §pba®Aeyes are the owners of the real property located at 2660 8"' Avenue SE, Naples, F) J7, Folio No. 40982200001. 2. Respondents were duly notified of the date of lxearing by certified mail and posting and Carlos Gonzalez and Barbara Reyes were p,;O�se ' at the hearing, having entered into a Stipulation resolving all issues among ft p i4 3 Respondent has stipulated to the fact that the propertKs iii violation of Collier County Land Development Code 04-41, as amendedttOn 10.02.06(13)(1)(a) to wit unpermitted add ition/improvements. 4. The violation has not been abated as of the date of the ORDER- Based upon the foregoing Findings of Fact and Conclusions of Law,, pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, Packet Pg. 247 OR 6166 PG 3188 8.B.16.a IT IS HEREBY ORDERED: A. Respondents are found guilty of violation of Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a) to wit unpermitted addition/improvements B. Respondents are ordered to pay operational costs in the amount of $111.70 incurred in prosecution of this case within thirty (30) calendar days from the date hereof (Sep!pm�ier , 2022) C. Respondentsm t abate all violations by obtaining all required Collier County building permits or de liCipn permit, inspections, and Certificate of Completion/Occupancy for the additionhmptpv�jnents within ninety (90) calendar days of this hearing (November 3,,T022) or a fine of $200.00 per day will be imposed until the violation is abated. D. Respondent shall not' the Code Enforcement Investigator within 24 hours of abatement or compliance -oilier for the County to conduct a final inspection to confirm compliance., ` E. If Respondent fails to abate tie yti61ation and comply with this Order, the Collier County Code Enforcement Departmek Tay abate the violation using any appropriate method to bring the violation into complilnee -1eneo0cessary, the County may request the services of the Collier County Sheriff s Offilin er to access the property for abatement and enforce the provisions of this Order.iA11 c ` is of abatement shall be assessed against the property owner and may become a lien e°property. DONE AND ORDERED this 51' day of August, 20 , at Naples, Collier County, Florida. COLLIER COUN / TY C DE ENFORCEMENT !y '� m: andtor;.o��erc^.unty SPECIAL MAGI Ca'' ycorrecl 6 a true d ier rqunty, F4ordda ~. 4 nk a c Bale, q. PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order m y be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Napes, FL 34104, phone # (239) 252-2440 or www.colliercoun!yfl.gov. Any release of lien or�—onfirmation 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 Packet Pg. 248 OR 6166 PG 3189 8. B.16.a 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 of 2022 to Respondents, Carlos Gonzalez and >3ba {;eyes, 2660 8`�' Avenue SE, Naples, / \ ' ode Enforcement O ial Packet Pg. 249 *** OR 6166 PG 3190 *** 8.B.16.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Carios Gonzalez and Barbara Reyes F-172 Case No. CESD20200000453 Respondents, STIPULATIONIAGREEMENT Before me, the undersigned, AT_,_x QerGS, on behalf of Carlos Gonzalez and Barbara Reyes, enters into this Stipulation and Agret�ment,with Collier County as to the resolution of Notices of Violation in reference (case) number CESD202000044��Iated the 23rd day of January 2020. 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 strongfy recommended that the respondent or representative attend the Hearing. In consideration of the disposition and ressolutpn of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 5,, 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick andrexpeditious resolution of the matters outlined therein the parties hereto agree as follows: ' 1) The violation of, Unpermitted additionhilipcover7nts, as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and th?t f have been properly notified pursuant to Florida Statute 162. s THEREFORE, it is agreed between the parties that the,,Respondent shall-, 1) Pay operational costs in the amount of $111.70 incurfled ih the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtain all required Collier County bundling permit(s) or demolition pe it, inspections, and Certificate of Completion/0 ccupancy for tFfe addition/improvements within days of this hearing or a fine of $200 per day will be imposeduntfI the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours -abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 houfs notice shall be by phone or fax and made during the workweek, if the violation is abate�,144 hoiljjre prior to a Saturday, Sunday or legal holiday, then the nobrication must be made on the rext day that is not a Saturday. Sunday or legal hoiiday,) { 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 oilier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement Ilpe assessed to the property owner. Re"Representative' e Supervisor for Mi ssorio, Director Code Enforcement Division Res Date S �o� Date REV 3-29 Packet Pg. 250 COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE 8.B.16.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Carlos Gonzalez and Barbara Reyes, Defendants AFFIDAVIT OF NON-COMPIJAN E STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20200000453 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on August 5, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendants were to obtain all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6166 PG 3187. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on November 4, 2022. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Permit PRBD20180425824: Multiple inspections remain. FURTHER AFFIANT SAYETH NOT. DATED this 4th day of November 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sw to (or affirmed) and subscribed before me by means of X physical presence or online notarization, this 4t day &November 2022 by Ryan Cathey (Signature of Notary ublic (Print/Type/Stamp Commissioned Public) Personally known V MIR LAM LOREHZO —&MLLAQ41SipN r GG 318M ry EXPIRE5: we 8, 2023 Dondud trn t;,;,zrf subk Urdmfi4M Packet Pg. 251 8.B.16.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. Case No. CESD2020(HHH1453 CARLOS GONZALEZ and BARBARA REYES Respondents. 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 August 4. 2023, and the Special Magistrate, having heard argument respective to all appropriate matters. hereupon issues his Findings of Fact, Conclusions of La» and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondents, Carlos Gonzalez and Barbara Reyes are the owners of the property located at 2660 8th Ave SE, Naples. FL 34117. Folio 40982200001. 2. On August 5, 2022 owners %vere found guilty of Collier County Land Development Code 04- 4 I. as amended. Section 10.02.06(B)(1)(a). to wit unperntitted addition/improvements. 3. An initial Order was entered by the Special Magistrate oil August 5. 2022 ordering Respondent to abate the violation on or before November 3. 2022 (Order) or a fine of S100.00 per da) would be assessed for any violation that continues thereafter until abatement is conlirnted. The Order is recorded at Collier County Records. OR 6166 PAGE 3187. 4. The violation has not been abated as of the date of the public (tearing. ;. Previously assessed operational costs of S 111.70 have not been paid. Respondents were dub noticed for the public hearing regarding the CounIN's Motion and Barbara Reyes %+-as present. with Elba Marin as translator, at the public hearing. Respondent. Barbara Reyes, presented sworn testimony that Carlos Gonzalez. her ex-husband, was to complete the abatement and permitting of the improvements. Mr. Gonzalez left Ms. Reves and did not complete abatement. Ms. Reyes testified that she has now taken control of the project and the permit was reactivated on July 30.2023. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended. has been tiled. Packet Pg. 252 8.B.16.a 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. Respondents are granted a continuance for twenty-eight (28) calendar days until the September Special Magistrate hearing (September 1. 2023) of this matter. B. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 4th day of August, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE - Pa i Bale, Esq. Executed by: :- ' + �� Special Magistrate Patrick H. Neale on 2023. Filed with the Secretary to the Special Magistrate on 2023 by/1s--� PAYMENT OF FINES: Any tines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforecttyent Division. 2800 North Horseshoe Drive, Naples, FL 34104, phone 4 (239) 252- 2440 or %% .c��fl,iercouiit� Il.gcn . An% release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order maN also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirw (30) days of the execution of the Order appealed. An appeal shall not he a hearing de nog o but shall be limited to appellate review of the record created within the original hearing. It is the responsibilit\ 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 sta) the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cope 4 MAGISTRATE. has been sent by U.S. Mail on this day of , Gonzalez and Barbara Reyes. 2660 81h A%c SE. Nape FL 34117 Code this ORDER OF THE SPECIAL rjj_2�2023 to Respondents. Carlos ial Packet Pg. 253 8.B.1ti.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CESD20200000453 CARLOS GONZALEZ and BARBARA REYES Respondents. 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 I. Respondents, Carlos Gonzalez and Barbara Reyes are the owners of the property located at 2660 8th Ave SE, Naples, FL 34117, Folio 40982200001. 2. On August 5, 2022 owners were found guilty of Collier County Land Development Code 04- 41, as amended, Section I0.02.06(B)(1)(a), to wit unpermitted addition/improvements. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before November 3, 2022 (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 6166 PAGE 3187.On August 4, 2023, the Special Magistrate continued the case to September 1, 2023 and ordered that the daily fines not accrue during this period. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of $111.70 have been paid. 6. Fines have accrued at a rate of $200,00 per day for the period from November 4, 2022, to August 4, 2023, (273 days) for a total fine amount of $54,600.00. 7. Respondents were duly noticed for the public hearing regarding the County's Motion and Barbara Reyes was present at the public hearing with Elba Marin as her translator. Due to a divorce and other family issues the Respondent has not been able to abate the violation. Ms. Reyes testified that a general contractor has been hired and will obtain the permits for the Packet Pg. 254 8.B.16.a improvement. Respondent requested a continuance for 90 days. 8. No Request for Re -hearing or Appeal pursuant to Ordinance 200744, 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. Respondents are granted a CONTINUANCE until the December Special Magistrate hearing, ninety-one (91) calendar days (December 1, 2023) for further consideration of this matter. B. Fines do not continue to accrue. DONE AND ORDERED this 1st day of September, 2023. at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTR f Pe rick 9. eale, Esq. Executed by:,, / Special Magistrate Patrick H. Neale on %2023. Filed with the Secretary to the Special Magistrate on i 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be pa at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440 or %ti►►u.colliercount011 goN . Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay o 2023 to Respondents, Carlos Gonzalez and Barbara Reyes, 2660 8th Ave SE, Naples L 34117. Code En ce Official Packet Pg. 255 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27237) DOC ID: 27237 CESD20210006137 Baltazar CASE NO: CESD20210006137 OWNER: Alicia Baltazar OFFICER: Doug Williams VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A shed built without a Collier County permit between 1995 and 1999 and a carport attached to the shed built between 2019 and 2020 without first obtaining a valid Collier County permit. FOLIO NO: 62203240003 PROPERTY 5549 Sholtz Street, Naples, FL 34113 ADDRESS: 8.B.17 Updated: 11/14/2023 8:46 AM by Helen Buchillon Page 1 Packet Pg. 256 8.B.17.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20210006137 COLLIER COUNTY, FLORIDA, Plaintiff, vs IA SALTAZAR, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date. time, and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F. Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 5549 Sholtz ST, Naples FL 34113 SERVED: ALICIA BALTAZAR, Respondent Doug Williams, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents. witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traducdon no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 257 INSTR 6185469 OR 6067 PG 863 RECORDED 1/6/2022 9:24 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 8.B.17.a CODE, ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COVNT,Y, LORIDA /l r' Petitioner, r� VS. Case No. — CESD20210006137 JORGE BALTAZAR and ALI:CIA BALTAZAR Respondents. f' i ORDER OF THE SPECIAL MAGISTRATF. i THIS CAUSE came on for public hearing brrfore the Special Magistrate on December 3, 2021, and the Special Magistrate, having heard argument rTspcetive to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Ordq of the Special Magistrate, as follows: � 1. FINDINGS OF FACT and (bNCLUSIONS OF LAW 1. Respondents, JORGE BALTAZAR and ALICIABALAZAR, are the owners of the subject real property located at 5549 Sholtz Street, Naples, Florida 34113, Folio No. 62203240003. 2. Respondents were duly notified of the date of hearing by certified mail and posting, with Alicia Baltazar in attendance at the hearing, representing herself and her husband, Jorge Baltazar, and having entered into a Stipulation resolving all issues between die parties. 3. Respondents' property is in violation of the Collier County Land Devel6pment Code 04-41, as amended, Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e}(i) a'follows; e A shed built without a Collier County permit between 1995 arth 1999 and a carport attached to the shed built between 2019 and 2020�without first obtaining a valid Collier County permit. 4. The violation was not 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: Packet Pg. 258 OR 60b7 PG 864 8.B.17.a A. Respondents are found guilty of violation of the Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). B. Respondents are ordered to pay operational costs in the amount of S111.65 incurred in the prosecution of this case on or before January 3, 2022. C. Respondettts,Le` Iso ordered to abate the violations by obtaining either a Collier County Building Permft or a Demolition Permit, all inspections and a Certificate of Completion or Occupanc)for7the shed and carport on or before June 3, 2022 or a fine of $100.00 per day will be imposed until ttycl violation has been abated. D. Respondents must notify°the Code Enforcement Investigator when the violation has been abated in order for the Investigator to conduct a final site inspection to confirm compliance. E. If the Respondents fail to alsate the violation as ordered, the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enfprce the provisions of this Order, and all costs of abatement shall be assessed to the property owner and May become a lien on the property. . r DONE AND ORDERED on this r� day jDecember 2021 at Naples, Collier County, Florida. QOAAy 0 I. Cea pit nr ck� � �C in and fa Ca'I:er Cnun!y i�',7'Sr fCR t-`G_2 I �yrtlment i$ a dl:a end corrcd ' - ITf L,bunry, Flcyida JI �,+ S N Gcrk �4 68VA COL,�++IER COUNTY CODE ENFORCEMENT SPECIAOIAGiSTRATE r • PAYMENT OF FINES: Any fines ordered to be paid pursuant to this grder may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples,,PL 34104, phone # (239) 252-2440 or ww%v.colliergov.net. Any release of lien or confirmation of comlrtianpe 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 an Appeal will not automatically stay the Special Magistrate's Order. Packet Pg. 259 OR 6067 PG 865 8.B.17.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Jorge and Alicia Baltazar . ResVondent(s), / r � Case No. CESD20210006137 ,✓ �, STIPULATIONIAGREEMENT Before me, the undersigned, Ijl cif Baltazar, Alicia Baltazar, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20210006137 dated the 26th day of June 2021. This agreement is subject to the approvil of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearinv'date, therefore it is strongly recommended that the respondent or representative attend the Hearing. r" 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 December 31, ?021; to promote efficiency in the administration of the code enforcement process; and to obtain a quick "affd expeditious resolution of the matters outlined therein the parties hereto agree as follows: ` 1) The violations noted in the referenced No`tic ofVialation are accurate and I stipulate to their existence, and that I have been properly notified pursuant tot loridp Statute 162. THEREFORE, it is agreed between the parties that the Rta`spandent shall; 1) Pay operational costs in the amount of $111.65 incurred4h the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) dir Demolition Permit, inspections, and Certificate of Completion for the shed and carport within 180 d s of this hearing or a fine of $100.00 per day will be imposed until the violation is abated 3) Respondent must notify Code Enforcement within 24 hours of abdfb,ngent of the violation and request the Investigator perform a site inspection to confirm compliance. I I (24 hours notice shall be by phone or fax and made during the workweek If the violation Es abated-14 h rs prlor 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 hollday.Y j 4) That if the Respondent fails to abate the violation the County may abate`tt a violation using any method to bring the violation into compliance and may use the assistance of the Colher County Sheriffs Office to enforce the pr ' ions of this agreement and all costs of abatement shall be assessed to the property owner. Respo r Represe ative (sign) Jose& Mucha, Supervisor for Tchael Ossorio, Director � 6 Code Enforcement Division /?l Respondent or Representative (print) Date / �' /3 / (��_ I - Date REV 3-29-16 Packet Pg. 260 *** OR 6067 PG 866 *** 8.B.17.a 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 go day of December, 2021 to Respondent(s), Jorge Baltazar and Alicia BOtazar, 5549 Sholtz Ave, Naples, FL 34113. �•�� Code Enforcemen Official N M m M tD O O O N O N 0 co W U ti M N ti N fC m M O O O O N O N 0 co W U c m s ca a Packet Pg. 261 COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE 8.B.17.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. BALTAZAR, ALICIA, Defendants) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD202t0006137 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: That on December 03, 2021, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain either a Collier County Building Permit or Demolition Permit; all inspections and a Certificate of Completion or Occupancy for the shed and carport as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6067 PG 863 . 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on June 6th, 2022. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: No building permit has been obtained for the unpermitted carport and shed. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June, 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE ram` lmn-_ cxn' C, Jose Mucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of _� physical presence or _ online notarization, this Ilk day of ,,Tto n 2022 by Joseph Mucha s / L � ti1�RY PU�Ii�. ELENr� � C7Ohi]�I,� (signatureof otary Public), Comr.s;i3,, Gu 3077t4 y �0'o ENP;res March 4, 2023 Fur eLoa 80" re., s �jn!�o�+79er�bw (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q Packet Pg. 262 8.B.17.a CODE EN FORCE.M ENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner. vs. Case No. CESD20210006137 JORGE BALTAZAR and ALICIA BALTAZAR Respondents. 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 August 4. 2023, and [lie Special Magistrate, haying 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. Jorge Baltazar and Alicia Baltazar are the owners of the property located at 5549 Sholtz St. Naples. FL 34113, Folio 62203240003. On December 3, 2021 owners were found guilty of Collier County Land Development Code 04-41. as amended. Sections 10.02.06(Bx I xa). 10.02.06(Bx I )(e) and 10.02.06(13)(1)(e)(i), to wit a shed built without Collier Count), permit between 1995 and 1999 and a carport attached to shed built hew een 2019 and 2020 without first obtaining a valid Collier Counh- perm it. 3. An initial Order %%as entered by the Special Magistrate on December 3. 2021 ordering Respondent to abate the violation on or before June 3. 2022 (Order) or a fine of $100.00 per daN %kould be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records. OR 6067 PAGE 863. 4. The violation has not been abated as of the date of the public hearing. 5. Previous] assessed operational costs of S111.65 have been paid. 6. Respondents were dul% noticed for the public hearing regarding the County's Motion and Alicia Baltazar. %%ith translator, was present at the public hearing. Petitioner testified under oath that a permit was pulled for the shed and silt fence and it has passed inspection. Permitting is under way for the carport. Respondent testified that the shed may have been built prior to April 1. 1997. Packet Pg. 263 8.B.17.a 7. If the shed %kas built prior to April 1. 1997. Article IX. Division 6. Section 2-2047 of the Collier County Code of Laws and Ordinance may apply and act as a complete defense to the Special Magistrate action as to the shed. It is necessary to properly evaluate the aggravating and mitigating factors in determining the penalty amount to have an evidentiary hearing on this issue. 8. Respondent must demonstrate "...by a preponderance of the evidence that the work which "as alleged to have been completed %%ithout a permit being duly issued meets all codes and requirements in effect at the time the permit was required." Collier County Code of Laws and Ordinances Article IX. Division 6, Section 2-2047. 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. 1T IS HEREBY ORDERED: A. Respondents are granted a continuance for twenty-eight (28) calendar days to the September Special Magistrate hearing (September 1. 2023) of this matter. B. Petitioner is to assist Respondents in determining when the structures were built so that Respondent may present evidence to the Special Magistrate as to whether the shed meets the standards for the Affirmative Defense set out in Collier Count- Code of Laws and Ordinances Article IX. Di% ision 6. Section 2-2047. C. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 41h day of August 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE _Patrlcit If Neale,-,sq. Executed by: Special Magistrate Patrick H. Neale on D , 20?3. 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 9 (239) 252- 2440 or %%w%+_colliereountN t1.¢ov . Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a linal order of the Special Magistrate to the Circuit Court %within thirty (30) do%s of the execution of the Order appealed. An appeal shall not be a hearing de no%o but shall be limited to appellate review of the record created within the original hearing. It is the Packet Pg. 264 8.B.17.a 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 automaticaliv stay the Special Magistrate's Order. CERTIFICATE OF SERVICE 1 HERESY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U,S. Mail on this ay of 123 to Respondents. Jorge Baltazar and Alicia Baltazar, 5549 Sholtz St. Naples. F _ l 1 13. Code Enfibcevfitent (2riicial L c� N 2 m m M O O O O N O N 0 U) W U M N ti N L m N fC r m ti M O O O O N O N 0 0) W U c a� E s U r Q Packet Pg. 265 8.B.17.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CESD20210006137 ALICIA BALTAZAR Respondent, I 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 I . Respondent, Alicia Baltazar is the owner of the property located at 5549 Sholtz St, Naples, FL 34113, Folio 62203240003. 2. On December 3, 2021 owner was found guilty of Collier County Land Development Code 04A 1, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i), to wit a shed built without Collier County permit between 1995 and 1999 and a carport attached to shed built between 2019 and 2020 without first obtaining a valid Collier County permit. 3. An initial Order was entered by the Special Magistrate on December 3, 2021 ordering Respondent to abate the violation on or before June 3, 2022 (Order) or a fine of S100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records, OR 6067 PAGE 863.On August 4, 2023, the Special Magistrate continued the case and ordered that fines stop accruing during the continuance period. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of $111.65 have been paid. 6. Fines have accrued at a rate of $100.00 per day for the period from June 4, 2022, to August 4. 2023, (426 days) for a total fine amount of 542,600.00. 7. Respondent was duly noticed for the public hearing regarding the County's Motion and Respondent and Edgar Aguilera as translator were present at the public hearing. Ms. Baltazar presented testimony that the shed was built after April 1, 1997 and thus no affirmative defense was available pursuant to Collier County Code of Laws and Ordinances, Article IX, Packet Pg. 266 8. B.17.a Division 4, Section 2-2047. Testimony was presented that there have been circumstances beyond the Respondent's control delaying compliance. Such testimony supports an additional continuance of this matter. 8. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. 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 granted a CONTINUANCE to the December Special Magistrate hearing. ninety-one (91) calendar days (December 1, 2023) for further consideration of this matter. B. Fines do not continue to accrue. DONE AND ORDERED this 1st day of September, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAG T 'TE Patrick H. Neale, Esq. �h Executed b Special Magistrate Patrick H. Neale on G/ %✓ 2023. f Filed with the Secretary to the Special Magistrate on , 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid arthe Collier County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252- 2440 or www.colliercountyfl.goov,. 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 c py this ORRDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this d y o—fv W ,,�{ W"� 023 to Respondents, Alicia BaItazar, 5549 Sholtz St, Naples, FL 34113. Code Packet Pg. 267 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27238) DOC ID: 27238 CESD20210008280 REALAND INVESTMENTS INC CASE NO: CESD20210008280 OWNER: Realand Investments Inc OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted demolition. FOLIO NO: 60080280000 PROPERTY 343 Airport Road N, Naples, FL 34104 ADDRESS: 8.B.18 Updated: 11/15/2023 12:55 PM by Miriam Lorenzo Page 1 Packet Pg. 268 8.B.18.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20210008280 COLLIER COUNTY, FLORIDA, Plaintiff, vs. REALAND INV INC. Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/0 1 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02 06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 343 Airport RD N, Naples, FL 34104 SERVED: REALAND INV INC, Respondent Thomas Pitura, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate m this proceeding. should contact the Coilier County Facilities Management Division, located at 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event, Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles Senricios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductof. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moon you fe tradiksyon. Si ou pa pale angld tanpri vini avek you intepret you pale you-ou. Packet Pg. 269 INSTR 6248676 OR 6123 PG 3001 RECORDED 5/9/2022 9:15 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 8.B.18.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF CON,,YkCOMMISSIONERS COLLIER CO T , OREDA Petitioner, -/ vs. � ✓ REALAND INVESTMENTS IlI Respondent. , Case No. — CESD20210008280 ORDER Ofj1RftPECL4,L MAGISTRATE r THIS CAUSE came an for public h in dfQre the Special Magistrate on March 4, 2022, and the Special Magistrate, having heard argument re citiv6, to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Order .oflfegcial Magistrate, as follows: FINDINGS OF FACT and C&CLIONS OF LAW 1. Respondent, REALAND INVESTMENTS INC., is th'e owner of the subject real property located at 343 Airport Road N, Naples, Florida 34104, F!! o. 60080280000. 2. Respondent was duly notified of the date of hearing by certified mail and posting, and was represented at the hearing by Jason Hayes, the president of th�1ration. J. 3. Respondent's property is in violation of the Collier County Land )vel' pment Code, 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(A`xl , and Section 10.02.06(Bx 1)(e)(i), as follows: Unpermitted demolition. L. 4. The violation was not abated as of the date of the public hearing. �J ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authc rit. granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: Packet Pg. 270 OR 6123 PG 3002 8. B.18.a A. n. C. D E. Respondent is found guilty of violation of the Collier County Land Development Code, 04-41, as amended, Section 10.02.06(Bxl)(a), Section 10.02.06(Bxl)(e) and Section 10.02.06(B)(1)(exi). Respondept Vo ered to pay operational costs in the amount of $111.70 incurred in the prosecutions�case on or before April 4, 2022. f r Respondent is alsoor a.eyed to abate the violations by obtaining all required Collier County building penzii c`lemolition permit, all inspections and a Certificate of Completion or Occupancy for thedelm" Action on or before June 4, 2022 or a fine of $200.00 per day will be imposed until the violation has been abated. Respondent must notify th Code Enforcement Investigator when the violation has been abated in order for the InvestigaAbr to conduct a final site inspection to confirm compliance. If the Respondent fails to ab4c#ie�iglation as ordered, the County may abate the violation using any method to bring the violart n 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 the property owner.and muy'b ecome a lien on the property. i DONE ANP ORDERED on this �,►uG ��' � fit. 3,; I, Crystal K. Kinz0,01erK of CC a do hearby .artily ., h j c e .. copyof'he ofginaJ i}Cc x .;ollier C wnty is a hues Icarred day of Marc 2W2 at Naples, Collier County, Florida. COLLIEI CQT_JNTY CODE ENFORCEMENT SPECIAL�AG STRATE Clerk A C. GARRET 7) . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may bi paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, Fi 34+e4; phone # (239) 252-2440 or www.colliergov.net. 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 nova 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 bearing from the Cleric of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. Packet Pg. 271 OR 6123 PG 3003 8.B.18.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. REALAND INV INC Case No. CESD20210008280 Respondent, r STIPULATION/AGREEMENT r 'I Before me, the undersigned a6cvri go-y�;S on behalf of REALAND INV INC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20210002880 dated the 2nd day of August 2021. This agreement is subject to the appri 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 resolut on of the matters outlined in said Notices) of Violation for which a hearing is currently scheduled for March .4, 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1 } The violation of, unpermitted demolition, as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been proper notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the R pondent shall; 1) Pay operational costs in the amount of $1 11.70 incurrgd in the prosecution of this case within 30 days of this hearing. / f 2) Abate all violations by: Obtain all required Collier Coulity building permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy for the demolition within 90 days of this hearing or a fine of $200.00 per day will be imposed until tke vi.8lation 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 nobce shall be by phone or tax and made during the workweek_ If the violahon is abAted 24 pours prior to a Saturday. Sunday or lega� holiday, then the notification must be made on the next oay that is not a Saturday, Sunday or legal haSiday.) _ 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 .tl-fe,f-ollier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement_,shall ll;liiie assessed to the property owner. e and nt or R native (sign) Supervisor for Michael Ossorio, Director Code Enforcement Division oV 6/ /0i iii Respondent or Re6resentative (print) Date -3 1 2Z Date REV 3-29-16 Packet Pg. 272 *** OR 6123 PG 3004 *** 8.B.18.a 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 15th day of March 2022 to Respondent. Realand Investments Inc., 341 kirport Pulling Rd. N., Naples, FL 34104-351 Code Enforcement Of tat Packet Pg. 273 8.B.18.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs REALAND 1NV INC. Defendant AFFIDAVITOF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20210008280 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on March 4, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant was to obtain all required Collier County building permit(s), or demolition permit, inspections and certificate of completion/occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6123 PG 3001. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on June 7, 2022. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Permit PRCS20220208888 under review. Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE V�*__� Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or _ on] ine notarization, this 7th day of June 2022 by Ryan Cathey i � 7 G ,rnI?4e ELENAMGON_ -- (Signature of Notary Public) , COmmISSIGn a U ? 14 N, c` Expires March;, 2.23 ��FGr Fto¢� Banded nvu 56,d6* Niue y Swum (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 Packet Pg. 274 8.B.18.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER_ COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. REALAND INVESTMENTS INC Respondent, Case No. CESD20210008280 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Continuance on October 6, 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, REALAND INVESTMENTS INC is the owner of the propem located at 343 Airport Road N, Naples, FL 34104, Folio 60080280000. 2. On March 4. 2022 owner was found guilty of Collier County Land Development Code 0441, as amended, Sections 10.02.06(B)( I xa). 10.02.06(B)(1)(e) and 10.02.06(Bx I Xexi), to wit unpermitted demolition. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4, 2022 (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 6123 PAGE 3001. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of S111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County s Motion and Jason Hayes, owner and John Antonas of Omega Contracting were present at the public hearing. Respondent presented testimony that he filed for change of contractor, the permit expired during the process of the job and has a new one in process. 7. No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been tiled. Packet Pg. 275 8.B.18.a 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, 1T IS HEREBY ORDERED: A. Petitioner's Motion for Continuance is GRANTED and Respondent is granted a Continuance for fifty-six (56) calendar days until the December 1, 2023 Special Magistrate hearing for further consideration of this matter. B. Fines continue to accrue. C. 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 6th day of October, 2023, ski Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL,MAOISTRATE Y In ff. IqCale, Esq. Executed Special Magistrate Patrick H. Neale on / �.� 7 2023. Filed with the Secretary to the Special Magistrate on /C//6& 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 4 (239) 252- 2440 or y% " k�.coll-jercount% 11.�:c�.. 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 nova 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 y of�2023 to Respondent, REALAND INVESTMENTS INC. 341 Airport Pulling Rd. N., aples, FL 3474. Code Enforcement OffiNil Packet Pg. 276 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27239) DOC ID: 27239 CESD20210007669 Realand Investments Inc. CASE NO: CESD20210007669 OWNER: Realand Investments Inc OFFICER: Thomas Pitura VIOLATIONS: 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). Unpermitted renovations and alterations. FOLIO NO: 60080240008 PROPERTY 341 Airport Road N, Naples, FL 34104 ADDRESS: 8.B.19 Updated: 11/14/2023 8:50 AM by Helen Buchillon Page 1 Packet Pg. 277 8.B.19.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS. Case: CESD20210007669 COLLIER COUNTY, FLORIDA, Plaintiff, vs. REALAND INV INC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12101 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples. FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 341 Airport RD N. Naples, FL 34104 SERVED: REALAND INV INC, Respondent Thomas Pitura, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E . Suite 101, Naples, Florida 34112, or (239) 252- 8380. as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 278 INSTR 6248677 OR 6123 PG 3005 RECORDED 5/9/2022 9:15 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S35.50 8.B.19.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COU�I / FLORIDA Petitioner, vs. `- �• Case No. — CESD20210007669 REALAND INVEST INC. y Respondent. ORDER OF T E�E�SPECL4,L MAGISTRATE t THIS CAUSE came on for public hearing before the Special Magistrate on March 4, 2022, and the Special Magistrate, having heard argument4es 'wive to all appropriate matters, hereupon issues her Findings of Fact, Conclusions of Law and Orde�f the'Special Magistrate, as follows: FINDINGS OF FACT and-eONCLUSIONS OF LAW 1. Respondent, REALAND INVESTMENTS INC., is th,, Owner of the subject real property located at 341 Airport Road N, Naples, Florida 34104 �1-o'No. 60080240008. ly 2. Respondent was duly notified of the date of hearing by.ceq� ed mail and posting, and was represented at the hearing by Jason Hayes, the president of the corporation. Ind D'.,� t/ 3. Respondent's property is in violation of the Collier County Laevelapment Code, 04-41, as amended, Section 10.02.06(B)(lxa), Section 10.02.06(I )( and Section 10.02.06(B)(1xe)(i), as follows: l Unpermitted renovations and alterations. ` 4. The violation was not abated as of the date of the public hearing. I,-- --- 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: Packet Pg. 279 OR 6123 PG 3006 8.B.19.a A. Respondent is found guilty of violation of the Collier County Land Development Code, 0441, as amended, Section 10.02.06(B)(lxa), Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1 xexi). B. Respondent 1 ' ordered to pay operational costs in the amount of $111.70 incurred in the prosecutes �f this case on or before April 4, 2022. C. RespondeZisAV90 rdered to abate the violations by obtaining either a Collier County Building Pertnit or Demolition Permit, all inspections and a Certificate of Completion or Occupancy for renAations, alterations or demolition on or before June 4, 2022 or a fine of $200.00 per da lli6e imposed until the violation has been abated. D. Respondent must notify tbe ode Enforcement Investigator when the violation has been abated in order for the lnvestigat to conduct a final site inspection to confirm compliance. E. If the Respondent fails to abajz-lbe iolation as ordered, the County may abate the violation using any method to bring the violatiqn ' to compliance and may use the assistance of the Collier County Sheriffs Office to enfb-m' a the. provisions of this Order, and all costs of abatement shall be assessed to the property owner n� tfiay become a lien on the property. f , / 1 DONE AND ORDERED on this day of Ma 022 at Naples, Collier County, Florida. COLLiC,U>�TNTY CODE ENFORCEMENT I, Crystal K Knzel, Cleric of Cr':" and for ,:oilier C xmty SPECIAI,fMACASTRATE do hea yyss bt tom. "re m x l is a this a 1 correct i a -11�E1i [X6•. T e.P-`y Gerk PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order n" paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34404, phone # (239) 252-2440 or www.colliergov.net. Any release of lien or confirmation of complianceear cot[f rmation 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 nova 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 Special Magistrate's Order. Packet Pg. 280 OR 6123 PG 3007 8.B.19.a BOARD OF COUNTY COMMISSIONERS' + Collier County, Florida Petitioner, vs. Case No. CESD20210007669 REMAND INV INC Respondent, STIPULATIONIAGREEMENT Before me, the undersigned,�Iason Hayes, on behalf of REALAND INV INC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20210007669 dated the 201 day of July 2021 _ 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 March 4, 20�2; to promote efficiency in the administration of the code enforcement process; and to obtain a quick�Prfd expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The vio#ation of, unpermitted renovationstalt9tralfions, as noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and tlt i Dave been properly notified pursuant to Florida Statute 162. i THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $111.70 incuFfed in the prosecution of this case within 30 days of this hearing. 11 2) Abate all violations by: Obtain all required Collier County building permit(s) or demolition permit, inspections, and Certificate of Completion/Occupancy for the ,renovations/alterations 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 hoyrs 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.f i 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 Copier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall belAssessed to the property owner. Rezrpondeni or Representative (sign) Respondent or R presentative (print) 3 / 1 ZZ D at � . L✓•d5il Supervisor for Michael Ossorio, Director Code Enforcement Division Date REV 3-29-16 Packet Pg. 281 *** OR 6123 PG 3008 *** 8.B.19.a CERTIFICATE QF 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 15th day of March 2022 to Respondent: Realand Investments Inc., 341 A Pulling Rd. N., Naples, FL 34104-351!9 ode Enforcement O ial r j j r o � 1 Packet Pg. 282 8.B.19.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. REALAND INV INC, Defendant AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20210007669 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: I. That on March 4, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant was to obtain a Collier County building permit or demolition permit, inspections, and certificate of completion or occupancy as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6123 PG 3005. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on June 7, 2022, That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: Permit PRCS20220208888 is under review. Violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June 2022. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or online notarization, this 7th day of June 2022 by Ryan Cathey 1' 0?1ypfe� 'LENA Y. GONLALLZ (Signature of Notary Public) * Commissicn # Gu 307714 Expires March 4, 2023 'ffOF r Handw UnBodpClllOtd+)'sdrlc" (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J Packet Pg. 283 8.B.19.a CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. REALAND INVESTMENTS INC Respondent, Case No. CESD20210007669 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Continuance on October 6. 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, REALAND INVESTMENTS INC is the owner of the property located at 341 Airport Road N, Naples. FL 34104, Folio 60080280000. 2. On March 4, 2022 owner was found guilty of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(I )(a), 10.02.06(Bxl)(e) and 10.02.06(Bx 1)(e)(i), to wit unpermitted renovations and alterations. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 4.2022 (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 6123 PAGE 3005. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of S111.70 have been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Jason Hayes, owner and John Antonas of Omega Contracting were present at the public hearing. Respondent presented testimony that he filed for change of contractor, the permit expired during the process of the job and has a new one in process. 7 No Request for Re -hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. Packet Pg. 284 8.B.19.a 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 Continuance is GRANTED and Respondent is granted a Continuance for fifty-six (56) calendar days until the December 1, 2023 Special Magistrate hearing for further consideration of this matter. B. Fines continue to accrue. C. If Respondent fails to abate the violation and comply with this Order, the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 6th day of October, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE s Fat k H. Neale, Esq. /G Executed by: _� Special Magistrate Patrick H. Neale on 2023. Filed with the Secretary to the Special Magistrate on fD��2023 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 +�_�� i�.c�3liirrc,��unt�_t1.4uti . 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 VA_ day ofj&; e �023 to Respondent. REALAND INVESTMENTS INC, 341 Airport Pulling d. N., Naples. 34104. Code Enforc ent �cial Packet Pg. 285 Code Enforcement Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo SCHEDULED Initiator: Thomas Iandimarino Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 27241) DOC ID: 27241 CESD20220004635 Guerrero and Santana CASE NO: CESD20220004635 OWNER: Hubert M Parra Guerrero and Judith Susvila Santana OFFICER: Doug Williams VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Screen enclosures and exterior lighting installed without building permits. FOLIO NO: 62207200007 PROPERTY 5477 Carlton Street, Naples, FL 34113 ADDRESS: 8.B.20 Updated: 11/14/2023 8:54 AM by Helen Buchillon Page 1 Packet Pg. 286 8.B.20.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS. Case: CESD20220004635 COLLIER COUNTY, FLORIDA, Plaintiff, vs HUBERT M PARRA GUERRERO AND JUDITH SUSVILA SANTANA, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time and place for the violation below: DATE: 12/01 /2023 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples: FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 5477 Carlton ST. Naples. FL 34113 SERVED: HUBERT M PARRA GUERRERO AND JUDITH SUSVILA SANTANA, Respondent r- N Doug Williams, Issuing Officer M RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples. Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cast to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fdt an angl6. Nou pan gin moun you fe tradiksyon. Si ou pa pall angle tanpri vini avek you intdpret you pale you-ou. Packet Pg. 287 INSTR 6339498 OR 6197 PG 3596 RECORDED 12/12/2022 3:41 PM PAGES 3 8.B.20.a CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CESD20220004635 HU13ERT M. PARKA GPERRERO AND JUDITH SUSVILASANTANA Respondent, J! 1 .J J } Q 0 -69D R OF THE SPECIAL MAGISTRATE c N N THIS CAUSE came be tone thf"pecial Magistrate for public hearing on November 4, 2022, and N the Special Magistrate, having receiJed ev)dence and heard argument respective to all appropriate matters, hereupon issues his Findings Fa�:t,`Cnnclusions of Law and Order of the Special Magistrate, as U follows: . FINDINGS OF 1FA 'And CONCLUSIONS OF LAW N I . Respondents, Hubert M. Parra Guerrefo and ` udith Susvila Santana are the owners of the property located at 5477 Carlton Street, 34113, Folio c M plys•FL 62207200007. c / .. , t 2. Respondents were duly notified of the date of he mg by certified mail and posting and were R N present at the hearing and entered into a Stip tioo dated November 4, 2022. c in violation of Collier County 3 Respondents have stipulated to the fact that the ptopej�?Alighting y Land Development Code 04-41, as amended, Sectidns 12.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) to wit Screen enclosures and ex installed without building 3 perm its. '< 4 The violation has not been (� m M to abated as of the date of the publirIhearin ORDER o c 04 Based upon the foregoing Findings of Fact and Conclusions of Law, at(d �14gnt to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as ,Emended, � to IT IS HEREBY ORDERED: / —�� U A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)( e) (i) to wit Screen enclosures and exterior lighting installed without building permits. B. Respondent is ordered to pay operational costs in the amount of $111.65 incurred in prosecution of this case within thirty (30) calendar days from the date hereof (December 4, 2022). Packet Pg. 288 OR 6197 PG 3597 8.B.20.a A. Respondent must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion for the electrical work and porch screen enclosures within one hundred twenty (120) calendar days of the date of this hearing, (March 4, 2023) or a fine of S100.00 per day will be imposed until the violation is abated. B. Respon et shall notify the Code Enforcement investigator within 24 hours of abatement or com zan order for the County to conduct a final inspection to confirm compliance. C. If Respondent fa''s to abate the violation and comply with this Order, the Collier County Code Enforcerne . partment may abate the violation using any appropriate method to bring the violation into con*iaflce. 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 batement shall be assessed against the property owner and may become a lien on the pr erty. DONE AND ORDERED this '4th d�y-o'Oovember, 2022, at Naples, Collier County, Florida. r COLLIER COUNTY CODE FORCEMENT -SPE IAL MAGI Patriik H.Male, Esq. PAYMENT OF FINES: Any fines ordered to be p id�'p6r'" t to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horteshoe �ive, Naples, FL 34104, phone # (239) 252- 2440 or www.colliercountyfl.gvo�. Any release of lien or firination of compliance or confirmation of the satisfaction of the obligations of this order may also 6e obtain' at this location. APPEAL: Any aggrieved party may appeal a final order of thp�gpe ial Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. ,Ana eal shall not be a hearing de novo but shall be limited to appellate review of the record created with the original hearing. It is the responsibility of the appealing party to obtain a transcribed record oft he ring from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Spedia M&gistrate's Order, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this _O613R''tOF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this." day off, M. Parra Guerrero and Judith Susvila Santana, 5477 Carlto. Street, !, Crystal,R? iCmzA Clerk'ol C i:,'andfor ;;older C; anty do hea 6y„agiry'y,+ai_i►� o is lq, a true a... coned COPYa' ` final +nCk un"gida Deputy Clerk 22_tdfaespondents, Hubert 341131 v N r1 Packet Pg. 289 *** OR 6197 PG 3598 *** 8.B.20.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner, vs. Hubert M Parra Guerrero and Judith Susvila Santana, Respondent(s), Case No CESD20220004635 �� STIPULATION/AGREEMENT a A is cwrB Before me, the undersigned, i SMV Nit on behalf of Hubert M Parra Guerrero and Judith Susvila Santana; Ent rs into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in ref er ce (case) number CESD20220004635 dated the 4" day of August 2022. This agreement is subject{ to �e approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled tearing 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 lgovember 4th, 2022; 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 pur80ant to Florida Statute 162. 1 THEREFORE, it is agreed between the partiesthafthhh Respondent shall; 1) Pay operational costs in the amount of $11/1.65 incurred in the prosecution of this case within 30 days of this hearing. / : . 2) Abate all violations by: Obtaining all required Cptfier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Compt6ti9rf for the electrical work and porch screen enclosures within = days of this hearing or a fine,6f'$r100.00 per day will be imposed until the violation is abated !, 3) Respondent must notify Code Enforcement within 24 .hour§. of abatement of the violation and request the Investigator perform a site inspection to confirm corr ypC-ytfance- (24 hours notica shall be by phone or W and made during the workweek. If the vlo(atior),4eaba d 24 hours prior to a Saturday. Sunday or legal holiday. then the not.%ation must be made on the next day that is not a Saturday, Sunday or legal oliday.) 4) That if the Respondent fails to abate the violation the Coun#y may abate the violation using any method to bring the violation into compliance and may use the assistan,66 of;the Collier County Sheriffs Office to enforce the provisions of is agreement and all costs of abatement shall be assessed to the property owner. f1 I1 -- Respondent or gn) P?VGc?2-r M Peb2e2,q �vaQ i h 50.54;{ V% liq Respondent or Representative (print) j 1 Oq Date Jos Muchi, Sppervisor for hael Oss6irio, Director Codl§ Enforcement Division Date 20 REV 3-2�_i6 N r` Packet Pg. 290 8.6.20.a COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. GUERRERO, HUBERT M PARRA and JUDITH SUSVILA SANTANA, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE, STATE OF FLORIDA COUNTY OF COLLIER OSM CASE NO. CESD20220004635 BEFORE ME, the undersigned authority, personally appeared Doug Williams, Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposcs and says: I. That on November 04, 2022, the Special Magistrate held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to abate the violations by obtaining all required Permits, Inspections and Certificate of Completion for the electrical work and screen enclosures as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6197 PG 3598. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on July 18, 2023 4. That the re -inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: A permit was obtained and finaled for the electrical work, however. N no permits have been obtained for the screen enclosures. N FURTHER AFFIANT SAYETH NOT. DATED this 18th day of July, 2023. COLLIER COUNTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE V! Doug Williams Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swo to (or affirmed) and subscribed before me by means of /Physical presence or online notarisation, this y of✓y .2023 by Doug Williams ignatu + -- r n B HH 379743 EYAues June 8, 2027 (Print/TypelStamp Commissioned Name of Notary Public) Personally known 4 Packet Pg. 291 CODE ENFORCEMENT - SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, Vs. Case No. CESD20220004635 HUBERT tit, PARRA GUERRERO and JUDITH SUSVILA SANTANA Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came hefore the Special Magistrate for public (tearing upon the Petitioner's Motion for Imposition of Fines/Liens on August 4, 2023. and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact. Conclusions of Lau and Order of the Special Magistrate. as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW r N r` N 1. Respondents, Ilubert M. Parra Guerrero and Judith Susvila Santana are the ok%tiers of the prop", located at 5477 Carlton Street. Naples. FL 34113. Folio 62207200007. 2. On November 4. 2022 owners were found guilty of Collier Count} Land Development Code 04-41. as amended. Sections 10.02.06(B)(I Ka) and 10.02.06(B)(1 xe)(i). to wit screen enclosures and exterior lighting installed without building permits. 3. An initial Order was entered by the Special Magistrate on November 4. 2022 ordering Respondents to abate the violation on or before March 4, 2023 (Order) or a fine of $100.00 per day +would be assessed for an% violation that continues thereafter until abatement is confirmed. The Order is recorded at Collier County Records. OR 6197 PG 3596. 4. The violation has not been abated as of the date of the public hearing. 5. Previously assessed operational costs of si 11.65 have been paid. 6. Respondents were duly noticed for the public hearing regarding the Countv's Motion and Hubert M. Parra Guerrero was present at the public hearing representing both parties. 7. Testimony and evidence %%as presented that there were two violations in the prior order. The first, tmpennitted lighting. has been resolved. The second, unpermitted screen enclosure, is being resolved and permit has been applied for to bring the screen enclosure into compliance. 8. No Request liar Re -hearing or Appeal pursuant to Ordinance 2007-44. as amended. has been tiled. Packet Pg. 292 ORDER Based upon the foregoing Findings of Fact and Conclusions of Law-, and pursuant to the authorit% granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended. IT IS HEREBY ORDERED: A. Respondents are *ranted a continuance for sixth -three (63) calendar days until the October Special Magistrate hearing (October 6, 202 3) for further consideration of this matter. B. Fines do not continue to accrue during the continuance period. DONE AND ORDERED this 4th day- of August, 2023, at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT a SPECIAL MAGISTRATE M cc o 0 �. N N �. Pu rrC "Meafe, Esq. N 0 U) Executed bv: Special Magistrate Patrick H. Neale on 2023. v Filed with the Secretary to the Special Magistrate on 2023 by N r• PAYMENT OF FINES: Am fines ordered to he paid pursuant to this order may be paid at the Collier County Code Enforcement Division. 2800 North Horseshoe Drive, Naples. FL 34104, phone � (239) 25?- 2444 or www,colhercountyn.. Am release of lien orconfimtation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: An} aggrieved party Wray appeal a final order of the Special Magistrate to the Circuit Court within thirtv (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 I?.S. Mail on this day of�023 to Respondents. Hubert M. Pars Guerrero and Judith Sttsvila Santana, 5477 Carlton Street�3�a es. FL 341 13 Code EnkfrceKent Official Packet Pg. 293 Code Enforcement SCHEDULED SPECIAL MAGISTRATE ACTION ITEM Meeting: 12/01/23 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Special Magistrate Action Item Prepared By: Miriam Lorenzo Initiator: Thomas Iandimarino Sponsors: # 27300) DOC ID: 27300 Foreclosure - Collection Authorization 10.B.1 Updated: 11/20/2023 12:01 PM by Miriam Lorenzo Page 1 Packet Pg. 294 10.B.1.a Memorandum To: Jeff Klatzkow, County Attorney From: Code Enforcement Division Date: December 1, 2023 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Special Magistrate and found in violation. These cases have also had fines imposed for failure to comply with the Special Magistrate's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Special Magistrate has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. RESPONDENT OSM # HEARING DATE COMPLY BY DATE IOF HEARIN G DATE TOTAL FINE OP. COST County Abatement Cost TOTAL $ DUE HOME- STEAD STATU' N=Non/C= mp LAST RECHEC Dominick & AI cia Lento CENA20220006770 114-22 11-1 t-22 7-7-23 $10 400.00 $508.35 $10,908.35 N C — 6-7-; Dominick & AI cia Lento CENA20220010898 4-7-23 4-14-23 8-4-23 $4,233.40 $3,480.00 $7.714 40 N C — 8-3-. Packet Pg. 295