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12/2023 Cotter County Growth Management Department Code Enforcement Division DATE: December 5, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Miriam Lorenzo, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Miriam Lorenzo, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2998. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239-252-2440•www.cdGergov.net _ .r CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220009834 R&M REAL ESTATE COMPANY,INC. INSTR 6486854 OR 6313 PG 2010 RECORDED 12/13/2023 4:19 PM PAGES 3 Respondent. CLERK OF THE CIRCUIT COURT AND COMPTROLLER p COLLIER COUNTY FLORIDA / REC$27.00 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing R&M Real Estate Company, Inc. and Styx Holdings Development LLC's Motion for Relief from Fines and the Petitioner's Motion for Imposition of Fines and Liens on December 1, 2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters,hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, R&M Real Estate Company, Inc. is the owner of the property located at 4100 Golden Gate Parkway,Naples FL 34116,Folio 35640120001 (Property). 2. Styx Holdings Development LLC is the contract purchaser of the Property. 3. Respondent was duly notified of the date of hearing by certified mail and posting and Attorney Richard Yovanovich representing the contract purchaser Styx Holdings Development LLC, and Ryan Hyler of Styx Holdings Development LLC were present at the hearing. 4. 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(B)(1)(a) and 10.02.06(B)(1)(e)(i) to wit unpermitted renovations not limited to installation of a wet bar, installation of a new storage/clothes closets, and installation of air conditioning units with the following rooms: West Building# 131, 132, 133, 134, 135, 136, 137, 138, 140, 142, 143, 144, 145, 149, 229, 231,232, 233, 234,235,238,239,242, 243, 244,245,247, 249, 329, 331, 332, 333, 334, 335, 337, 338, 339, 342, 343, 344, 345, 347, 349,429,437,432,433,435,436,438,439, 442,443,445,448, and 449. East Building: 201, 202,203,204, 205, 206, 207, 208,209, 211, 214, 216, 218, 219, 220, 221, 224, 226, 227, 301, 303, 305, 306, 307, 309, 311, 314, 315, 317, 318, 319, 320, 322, 321, 323, 325,405,406,407,408,414,415,417,421,420, 422 and 423. 2-Story Free Standing Building: 151, 153, 155, 157, 159, 161, 251, 253,255, 257, 259, and 261. Including all storage rooms and or mechanical rooms, or any other feature of the buildings that underwent modifications to accommodate the unpermitted renovations not limited to plumbing and electrical. The stipulation was executed by the attorney for the Respondent, Christyna Torrez. The Special Magistrate entered an order which is recorded in the Public Records of Collier County, Florida at OR Book 6210,Page 1419, et. seq. Said order provided that the Respondent would abate the violation within two hundred ten (210) days of the hearing(August 4, 2023)or a fine of one thousand dollars($1,000.00)per day would accrue for every day afterward that the violation was not abated. 5. The violations in the instant case were abated as of November 22, 2023. 6. Fines have accrued at the rate of one thousand dollars ($1,000.00)per day for the period from August 5, 2023 to November 22,2023 (110 days) for an accrued fine amount of$110,000.00. 7. The violations in companion case CESD20210008551 were abated as of November 17, 2023. The accrued fines and fees in CESD20210008551 are $85,409.42. 8. Richard Yovanovich presented substantial competent evidence that the property is in the process of being sold and that substantial efforts have been made to improve the property and prevent any further violations. 9. Mr. Yovanovich testified that the required demolition permits have been issued and most of the abatement work has been completed. The building is now entirely vacant. The new owner intends to complete the renovation work. 10. Respondent filed a timely Motion for Relief from Fines. 11. Respondent has stipulated to payment of a fine amount of$85,409.42 in resolution of both CESD20210008551 and the instant case. 12. The following factors as set out in Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Section 2-2030(2)are considered in the imposition of fines: a. Gravity of the violation—The original violation caused a public health and safety issue for the occupants of the Property. All persons have been removed from the Property and it is secured. b. Actions taken by violator to correct—The Respondent has abated the violation set out in this case and has obtained Collier County demolition permits to complete remediation of the Property. c. Previous Violations—There was one prior violation adjudicated by the Code Enforcement Board on January 27, 2022. 13. Previously assessed operational costs in the amount of$111.70 have not been paid. 14. The payment of$85,409.42 in settlement of both cases is appropriate based upon a weighing of the mitigating and aggravating factors set out in Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Section 2-2030(2). 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 and Liens is GRANTED. B. Respondents' Motion for Relief from Fines is also GRANTED. C. Respondent is ordered to pay the sum of$85,409.42 within fourteen (14) days of this hearing (December 15,2023). Said payment is in full satisfaction of all accrued fines and costs for cases CESD20210008551 and CESD20220009834. DONE AND ORDERED this 1st day of December 2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE atrick ri.NaIe,Esq. w Executed byte'' Special Magistrate Patrick H. Neale on / , 2023. Filed with the Secretary to the Special Magistrate on ///i/ , 2023 by '2 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at thhCollier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or www.colliercountyfl..gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 5-.64.day ofbee-i 5,-2023 to Respondent, R& M Real Estate Company Inc., 4100 Golden Gate Parkway, Naples, FL 34116, Registered Agent, Felicia G. Gonzalez, 4100 Golden Gate Parkway,Naples, FL 34116, Christyna M. Torrez, Esq, 4099 Tamiami Trail North Suite 201, Naples, FL 34103 and Richard Yova ovich, Esq, 4001 Tamiami Trail North Suite 300, Naples, FL 34013. Code Enforc ent O ial ..:r ; - I,Cry,,tal K.IcpzetPc,' of ccrart;,inenrltr Collier County do hearhy re'tif•:r that tprr shove instrument Fs a true and correct the u,ginal f ed iq(4oiGer Couflty, Deputy Clerk By: j 4;t Del . R 3 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20230002934 WEST SHORE BELVEDERE LLC INSTR 6486853 OR 6313 PG 2007 RECORDED 12/13/2023 4:19 PM PAGES 3 Respondent. CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA / REC$27.00 ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on October 6, 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, West Shore Belvedere LLC is the owner of the property located at 200 Quail Forest Blvd, Unit 117,Naples, FL 34105, Folio 23908500346. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was not present at the 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." 3. The Petitioner presented substantial competent evidence in the form of testimony and pictorial evidence that proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(1), 22-231(12)(i), 22- 231(12)(p) and 22-231(19)to wit water damages to the ceiling, drywall,floorboards, cabinets located in the laundry room, water heater closet, kitchen and guest bathroom as noted on Lovell Indoor Environmental report. Elevated presence of mold on the A/C vents, guest bathroom tub, kitchen, and water heater closet as noted on Lovell Indoor Environmental report. Damages to the plumbing causing water intrusion in the laundry room and leak in the kitchen sink. Water intrusion on the living room window that is not weather tight as noted on Lovell Indoor Environmental report. 4. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(1), 22-231(12)(i), 22-231(12)(p)and 22-231(19)to wit water damages to the ceiling, drywall, floorboards, cabinets located in the laundry room, water heater closet, kitchen and guest bathroom as noted on Lovell Indoor Environmental report. Elevated presence of mold on the A/C vents, guest bathroom tub, kitchen, and water heater closet as noted on Lovell Indoor Environmental report. Damage to the plumbing causing water intrusion in the laundry room and leak in the kitchen sink. Water intrusion on the living room window which is not weather tight as noted on Lovell Indoor Environmental report. B. Respondent is ordered to pay operational costs in the amount of$111.80 incurred in the prosecution of this case within thirty(30) calendar days from the date of this hearing (November 5,2023). 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 installation of the drywall and vanity to bring the property into compliance within sixty(60) calendar days of the date of this hearing(December 5,2023) or a fine of$500.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm abatement. E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County 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 MAGISTRAJ,E prick fi. Neale,Esq. Executed by.:----',• .----- Special Magistrate Patrick H.Neale on 01e, 2023. c Filed with the Secretary to the Special Magistrate on 1, / 9 , 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 yN::\Tvw.colt erco ntvfl.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. I,crystal K.Kinzel,Cler' : C;`;is in and for Collier County do hearhy NAN that till.3hrvo instrument is a true and correct t the u,„yin, al n Collier Coun taortda By, .t..-..4,4,_„ Deputy Clerk Ds :_L 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 his ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this DAda o 23 to Respondent, West Shore Belvedere LLC, 1 International PL#3900, Boston, MA 2110. Code Enforcement ffici Receipt# 008793015 12/13/2023 4:19:41 PM (-",,,,-‘ERC<�l,�T Crystal K. Kinzel —.-�Op Clerk of the Circuit Court and Comptroller ��P�_ `o� 0 0 0 I Off o _ _ (-- gg_ —icD=R Customer Deputy Clerk Clerk Office Location CLERK TO THE BOARD/MINS Ruben S. Artiles Collier County Govt. Center & REC ruben.artiles@collierclerk.com Building LA, 2nd Floor 3299 TAMIAMI TRL E STE 401 239-252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112 Naples, Florida 34112-4901 2 Documents Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Order 6486853 6313 2007 $27.00 Order 6486854 6313 2010 $27.00 TOTAL AMOUNT DUE $54.00 Clerk Account#: BCC ($54.00) BALANCE DUE $0.00 Note: 12/13/2023 4:19:41 PM Ruben S. Artiles: CESM Department Charge Account#111-138911-649030 Disclaimer: All transactions are subject to review/verification. The Clerk reserves the right to correct for clerical errors and to assess or refund charges as needed. ©CA U0@ 11@ @CM Page 1 of 1 Co per County Growth Management Department Code Enforcement Division DATE: December 14, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Miriam Lorenzo, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders and return the originals to the Minutes and Records Department. Please send a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911- 649030. Miriam Lorenzo, Code Enforcement Specialist Collier County Code Enforcement Growth Management Building Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252- 2998. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wuwv.colliergov.net INSTR 6491088 OR 6316 PG 3741 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CENA20230003919 S & OLLC 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 December 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, S&0 LLC is the owner of the property located at 1790 40th Terr SW,Naples, FL 34116, Folio 35832160002. 2. On October 6,2023 Respondent was found guilty 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. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 13,2023 (Order)or a fine of$250.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed. This order is recorded at Collier County Records, OR 6300 PG 3787. 4. The violation has not been abated from October 14, 2023 to today's hearing date,for a total of 49 days and fines accrued at a rate of$250.00 per day, for a total fine amount of $12,250.00. Fines continue to accrue. 5. Previously assessed operational costs of$111.70 have not been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein,a hearing may be conducted and an order rendered even in the absence of the Violator." 7. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation. The violation is continuing; b. Any potential health, safety and welfare issues. Minor; c. Any actions taken by the violator to correct the violation.None; d. Any previous violations committed by the violator; and e. Any other relevant factors. 8. The factors support imposition of the full fine accrued. 9. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other relevant factors. C. Fines have accrued at the rate of$250.00 per day and are assessed against the Respondent for the period from October 14, 2023,to December 1, 2023, a total of 49 days for a total fine amount of$12,250.00. D. Respondent must pay previously assessed Operational Costs of$111.70 that have not been paid and are also assessed and must pay Operational Costs of$111.75 for today's hearing. E. Respondent is ordered to pay fines and costs in the total amount of$12,473.45 within 30 days (December 31,2023). F. Fines continue to accrue. DONE AND ORDERED this 1st day of December,2023,at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Patrick H. Ncale, Esq. Executed /` Special Magistrate Patrick H.Neale or // , 2023. Fileel' )ttt thc.Se1 ;ary to the Special Magistrate on 4-1'/y , 2023 by 1 `ate f i,crystal it. f, ^ ^M(:"Allier County do hearhvca tt?. thg.;*�L is a true and correct copy of fti 0.45 le. . n% o B .r. • Deputy Clerk Date: /iif-f.11IPA" PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252- 2440 or www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this Aday o0 tei,,,t023 to Respondent, S & 0 LLC, 6821 Lake Devonwood Drive, Fort Myers, FL 339 8. Code Enforcem fficial INSTR 6491089 OR 6316 PG 3744 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CESD20230003906 DOCKSIDE OF NAPLES CONDO ASSOC 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 December 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,DOCKSIDE OF NAPLES CONDO ASSOC is the owner of the property located at 1008 Dockside Ct,Naples, FL 34114,Folio 00725720005. 2. On August 4,2023 Respondent was granted an Extension of Time to the September 1,2023 Special Magistrate hearing. 3. On September 1,2023 Respondent was found guilty 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 unpermitted concrete block deck built on association property. 4. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 16, 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 6306 PG 2075. 5. Fines have accrued at the rate of$100.00 per day and are assessed against the Respondent for the period from October 17, 2023 to October 30, 2023, a total of 14 days for a total fine amount of$1,400.00. 6. The violation has been abated as of October 30, 2023. 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 Carlos Fernandez,Property Manager was present at the public hearing. 9. Respondent requested a 50%reduction in the fine amount assessed. The Respondent's testimony and an evaluation of the gravity of the violation, health, safety and welfare implications, actions taken by the Respondent and lack of other violations support the reduction of the fines accrued by the Respondent. 10. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced amount. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. C. Fines have accrued at the rate of$100.00 per day and are assessed against the Respondent for the period from October 17,2023,to October 30, 2023,a total of 14 days for a total fine amount of$1,400.00.The fine has been reduced to$700.00 due to mitigating factors. D. Respondent must pay Operational Costs of$111.90 for today's hearing within 30 days (December 31,2023). E. Respondent is ordered to pay fines and costs in the total amount of$811.90 within thirty (30)days of today's hearing(December 31,2023.). DONE AND ORDERED this 1st day of December,2023, at Naples, ollier County,Florida. COLLIER COUNTY C E ENFORCEMENT SPECIAL MA E Patrick Neale, sq. Executed by: Special Magistrate Patrick H.Neale on ✓ 2023. Filed with the Secretary to the Special Magistrate on /.,)/Y , 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252- 2440 or www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. I,Crystal K ,,, I0F+. + ip ir"'`I. irwCtllix Ceunty do hearby• t ri.' • t en1 arrecd copy ett5c ,,• IfiF�_ �$` .441PeputyC6esk 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 coy of this ORD R OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay o 072023 to Respondent, DOCKSIDE OF NAPLES CONDO ASSOC, 11145 Tamiam' rail East,Nap es,FL 34113. ode Enforcement Of ial INSTR 6491090 OR 6316 PG 3747 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CENA20230005126 ILONA DASBACH EST 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 December 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,ILONA DASBACH EST is the owner of the property located at 224 Pine Valley Cir,Naples, FL 34113, Folio 55101000006. 2. On July 7,2023 owner was found guilty 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. 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$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 6274 PG 1504. 4. The violation has been abated by a Collier County vendor as of August 23,2023. 5. Previously assessed operational costs of$111.70 have not been paid. 6. Vendor Invoice#3550 for abatement in the amount of$250.00 has NOT been paid. 7. Fines have accrued at the rate of$250.00 per day for the period from July 15,2023,to August 23, 2023 (40 days)for a total fine amount of$10,000.00. 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(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." 9. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation. The gravity is minor; b. Any potential health, safety and welfare issues. The excessive growth of weeds and grass can harbor vermin and other animals; c. Any actions taken by the violator to correct the violation.None; d. Any previous violations committed by the violator; and e. Any other relevant factors. The violation was abated by a Collier County vendor. The homeowner is deceased and there is no record probate activity. 10. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other relevant factors. C. Fines have accrued at the rate of$250.00 per day and are assessed against the Respondent for the period from July 15, 2023,to August 23, 2023, a total of 40 days for a total fine amount of$10,000.00. D. Respondent must pay abatement costs incurred by Collier County in the amount of$250.00. E. Respondent must pay previously assessed Operational Costs of$111.70 that have not been paid and are also assessed and must pay Operational Costs of$111.85 for today's hearing. F. Respondent is ordered to pay fines and costs in the total amount of$10,473.55 within 30 calendar days of this hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023,at Naples, Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGIS,T TE -----• °y atr . Neale, Esq. I,r'rystat . ? Cle rtsna�rni*.pollifrCounty do hear++V ; at e in m• e and correct By: a1; .:,.,0 4 I► Deputy Clerk Deter iralgra.111 .31" ". Executed b : Special Magistrate Patrick H.Neale on ✓ 023. Filed with the Secretary to the Special Magistrate on l�//v , 2023 b ------- PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104,phone#(239)252- 2440 or www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O ER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this 1 ay of ) 23 to Respondent, ILONA DASBACH EST,224 Pine Valley Cir,Naples, FL 34113. \' Code Enforcement cial ' INSTR 6491091 OR 6316 PG 3750 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CENA20230001555 and CEV20230002682 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 December 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 34137, Folio 1134803509. 2. On July 7,2023, in Case CENA20230001555 Respondent was found guilty of a violation of Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Sections 54-179 and 54-181,and Collier County Land Development Code 04-41, as amended, Section 2.02.03,to wit prohibited 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, a repeat offense,and in Case CEV20230002682 Respondent was found guilty of a violation of Collier County Code of Laws and Ordinances,Chapter 130,Article III, Section 130-95 to wit multiple unlicensed and inoperable vehicles are being stored on the property,respectively. 3. Initial Orders were entered in each case(CENA20230001555 and CEV20230002682)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 Orders are recorded at Collier County Records, OR 6274 PAGE 1501 and OR 6274 PG 1507. On September 1,2023,the Special Magistrate granted a continuance for both cases,on November 3,2023,the Special Magistrate granted a continuance for both cases and ordered that fines would not accrue from November 3,2023 until the December 1,2023 hearing. 4. The violations have not been abated as of today's hearing. 5. Previously assessed operational costs of$111.70 for each case have not been paid. 6. Previously assessed Civil Penalty of$250.00 for Case CENA20230001555 has not been paid. 7. Respondent was duly noticed for the public hearing regarding the County's Motion and was not present at the public hearing. Pursuant to Collier County Code of Laws and Ordinances, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted and an order rendered even in the absence of the Violator." 8. The following factors have been considered for both cases in determining the amount of the fine imposed: a. The gravity of the violation. The violations are continuing and may cause substantial harm; b. Any potential health, safety and welfare issues.The potential for environmental pollution from unlicensed and inoperable vehicles and chemical and petroleum product containers and providing a breeding ground for vermin create and health, safety and welfare issue; c. Any actions taken by the violator to correct the violation. Essentially none; d. Any previous violations committed by the violator. Prior case on same basic facts in 2018 adjudicated against Respondent; and e. Any other relevant factors 9. The above factors support the imposition of fines in the amount which have been accrued. 10. Fines in Case CENA20230001555 have accrued at a rate of$100.00 from July 15, 2023,to November 3,2023,(112 days)for a total accrued fine amount of$11,200.00. 11. Fines in Case CEV20230002682 have accrued at a rate of$100.00 from July 15, 2023, to November 3,2023,(112 days)for a total accrued fine amount of$11,200.00. 12. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other relevant factors. C. Fines have accrued at the rate of$100.00 per day for each case and are assessed against the Respondent for the period from July 15,2023,to November 3, 2023, a total of 112 days for a total fine amount of$11,200.00 for each case. D. Respondent musts pay previously assessed Civil Penalty of$250.00 for Case CENA20230001555 that has not been paid. E. Respondent must pay previously assessed Operational Costs of$111.70 for each case that have not been paid and are also assessed and must pay Operational Costs of$111.90 for Case CENA20230001555 and $111.85 for Case CEV20230002682 for today's hearing. F. Respondent is ordered to pay fines and costs for Case CENA20230001555 in the amount of$11,673.60 and fines and costs for Case CEV20230002682 $11,423.55,a total of $23,097.15 within 30 calendar days of this hearing(December 31,2023). G. Said amount to become a lien on the property. H. Fines continue to accrue. DONE AND ORDERED this 1st day of December,2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGI TE , ateck .Neale,Esq. i Executed bye/' Special Magistrate Patrick H.Neale on/2 2023. Filed with the Secretary to the Special Magistrate on /d//f/ , 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples,FL 34104, phone#(239)252- 2440 or www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy f this RDER OF THE SPECIAL / MAGISTRATE,has been sent by U.S.Mail on this Asla of , 4� ��o" '. 23 to Respondent,Malcolm Smith,215 Old Train Ln,Copeland, FL 34137. (t !a I,rrystaIK:' -•I I ' 7tf,Irr�ifier, County Code Enforceme / ici do heahv at t�,4, tntai'entis d and correct cttpy of taz..;" al fi . . r' Coati i :o By. r I _ it Deputy Clerk Date: ��.Cer/s — , INSTR 6491092 OR 6316 PG 3753 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CEEX20230010090-DASV23-017860 and CEEX20230010093-DASV23-017861 JULIZA MARTINEZ Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023,and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters,hereupon issues his Findings of Fact,Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Citation numbers DASV23-017860 and DASV23-017861 were issued on September 26, 2023 by Domestic Animal Services officer, Kayla Fajardo. 2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(1),to wit failure to provide current County license for "Dutchess"fourth offense and Collier County Code of Laws and Ordinances,Chapter 14, Article II, Section 14-33(2),to wit failure to provide current rabies vaccination certificate for "Dutchess"fourth offense,respectively. 3. Respondent was duly notified of the date of hearing by certified mail and posting and Juliza Martinez was not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances,Article IX,Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted,and an order rendered even in the absence of the Violator." 4. The Petitioner presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(1)and Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-33(2)respectively,to wit failure to provide current County license for"Dutchess"fourth offense and failure to provide current rabies vaccination certificate for "Dutchess"fourth offense,respectively. 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 14, Article II, Section 14-33(1)to wit failure to provide current County license for"Dutchess" fourth offense and 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, respectively. B. Respondent is ordered to pay operational costs for each citation in the amount of$50.00 plus an administrative fee of$7.00 incurred in the prosecution of this case within thirty(30)days from the date of this hearing(December 31,2023). C. Respondent is assessed a civil penalty of$500.00 for each citation to be paid within thirty(30) days of the date of this hearing(December 31,2023). D. Respondent is hereby ordered to pay total fines and costs in the total amount of$1,114.00, to be paid on or before thirty(30)days from the date of the hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023, at Naples, Colljef County, Florida. COLLIER COUN OD ENFORCEMENT SPECIAL M atric . Neale, Esq. Executed by: Special Magistrate Patrick H. Neale on #Z , 2023. Filed with the Secretary to the Special Magistrate on 4,2 / / , 2023 by Allt_ . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at Domestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239)252-7387. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. f yr. 1,crystalK. zel I � �� in-8r"d7.. 6:-tlierCounty do heels,, r a?:tt? Pis men t'is true and correct cc.py of u e R i 1. ��._'•�L`lri. Deputy Clerk By. lr�i] Dste: ��,�--� 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:lay oAot..- ,,,2023 to Respondent, Juliza Martinez, 5111 Quail Roost Rd, Immokalee, FL 3414 Code Enforcemen icia INSTR 6491093 OR 6316 PG 3756 RECORDED 12/27/2023 9:12AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No. CEEX20230010039-DASV23-017858 and CEEX20230010089-DASV23-017859 JULIZA MARTINEZ Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1,2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters,hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Citation numbers DASV23-017858 and DASV23-017859 were issued on September 26, 2023 by Domestic Animal Services officer,Kayla Fajardo. 2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(1)and Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(2)respectively,to wit failure to provide current County license for"Ace", fourth offense and failure to provide current rabies vaccination certificate for"Ace"fourth offense. 3. Respondent was duly notified of the date of hearing by certified mail and posting and Juliza Martinez was not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances,Article IX, Division 4, Section 2-2029(a)(5),"Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted,and an order rendered even in the absence of the Violator." 4. The Petitioner presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(1)and Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-33(2)respectively,to wit failure to provide current County license for"Ace", fourth offense and failure to provide current rabies vaccination certificate for "Ace"fourth offense. 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 14, Article II, Section 14-33(1)and Collier County Code of Laws and Ordinances,Chapter 14, Article II, Section 14-33(2)respectively to wit failure to provide current County license for "Ace",fourth offense and failure to provide current rabies vaccination certificate for"Ace"fourth offense. B. Respondent is ordered to pay operational costs in the amount of$50.00 plus an administrative fee of$5.00 incurred in the prosecution of this case for each citation within thirty(30)days from the date of this hearing(December 31,2023). C. Respondent is assessed a civil penalty of$500.00 for each citation to be paid within thirty(30) days of the date of this hearing(December 31,2023). D. Respondent is hereby ordered to pay total fines and costs in the total amount of$1,114.00, to be paid on or before thirty(30)days from the date of the hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023,at Naples,-Collier County, Florida. COLLIER COUN ' DE ENFORCEMENT SPECIAL Patric .Ne e, sq. Executed by: Special Magistrate Patrick H.Neale on /-s? , 2023. Filed with the Secret to t e Special Magistrate on /e-y , 2023 b ` PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be pai at Domestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104,phone#(239)252-7387. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct opy of. this O ER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this day of 023 to Respondent, Juliza Martinez, 51 1 1 Quail Roost Rd, Immokalee, FL 34142. C `' •• Code Enforcement Off ial I,r'rystal K. a r �. r;;.,t cdtjjer.County do hear y r ., fhe iff41an rs a€fad and correct cupy of the ai +lies. my • .a. By: i i, Clerk er INSTR 6491094 OR 6316 PG 3758 RECORDED 12/27/2023 9:12 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No. CEEX20230010038- DASV23-018293 LAURA BAKER Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters,hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate,as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Citation number DASV23-018293 was issued on October 31,2023 by Domestic Animal Services officer,Manuel Ramirez. 2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-35(1)(B),to wit large on public/private property,6th offense"Simba". 3. Respondent was duly notified of the date of hearing by certified mail and posting and Laura Baker was not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances, Article IX,Division 4, Section 2-2029(a)(5),"Where notice of the hearing has been provided to the Violator as provided for herein, a hearing may be conducted,and an order rendered even in the absence of the Violator." 4. The Petitioner and witness Richard Waite presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-35(1)(B),to wit large on public/private property, 6th offense"Simba". 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 14,Article II, Section 14-35(1)(B),to wit large on public/private property,6th offense"Simba". B. Respondent is ordered to pay operational costs in the amount of$50.00 plus an Administrative Fee of$7.00 incurred in the prosecution of this case within thirty(30) days from the date of this hearing(December 31,2023). C. Respondent is assessed a civil penalty of$500.00 to be paid within thirty(30) days of the date of this hearing(December 31,2023). D. Respondent is hereby ordered to pay total tines and costs in the total amount of$557.00,to be paid on or before thirty(30)days from the date of the hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023,at Naples, Collier County,Florida. COLLIER COUNTY DE ENFORCEMENT SPECIAL MAG T TE „r i e,, . eal sq. Executed b • Special Magistrate Patrick H.Neale on Z , 2023. Filed with the Secretary to the Special Magistrate on /4)//q , 2023 by/ N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at Domestic Animal Services,7610 Davis Blvd.,Naples, FL 34104,phone#(239)252-7387. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay of e i i, ,-2023 to Respondent, Laura Baker, 1770 Acremaker RD,Naples, FL 34120. re 4il'Y , r'.° Code Enforce ent Of ial I,r'ry katK Ki ,i,-;er ;,f Gs'*f d,f'r Qppier County do hearhv r'rti. I .t th1ar/I , -�_ tis a-ftue and corre t cagy of II o t filedin 1'ollj "" n +ri.: By: �. A Deputy Clerk mite: ellle i.: ..0 INSTR 6491095 OR 6316 PG 3760 RECORDED 12/27/2023 9:12 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No. CEEX20230010044—DASV23-018313 and CEEX20230010041—DASV23-018219 FABIOLA MIGUEL Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact,Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Citation numbers DASV23-018219 AND DASV23-018313 were issued on October 27,2023 and November 3, 2023,respectively by Domestic Animal Services officer, Hope Ress. 2. Respondent is charged with violations of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-35(1)(B),to wit running at large dog named"Yoyi"off owner's property,these are the 7th and 8th offenses. 3. Respondent was duly notified of the date of hearing by certified mail and posting and Fabiola Miguel was present with her daughter, Litzi Miguel as translator at the hearing. 4. The Petitioner and Respondent presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-35(1)(B),to wit running at large dog named "Yoyi"off owner's property,7th and 8th offenses. 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 14, Article II, Section 14-35(1)(B)to wit running at large dog named"Yoyi" off owner's property,7th and 8th offenses. B. Respondent is ordered to pay operational costs in the amount of$50.00 plus an Administrative Fee of$7.00 incurred in the prosecution of this case within thirty(30)days from the date of this hearing(December 31,2023)for each violation. C. Respondent is assessed a civil penalty of$500.00 for each violation to be paid within thirty (30) days of the date of this hearing(December 31,2023). D. Litzi Miguel has committed to rehome the dog"Yoyi"with her in a different location. E. Respondent is hereby ordered to pay total fines and costs in the total amount of$557.00 for each violation, totaling$1,114.00,to be paid on or before thirty(30)days from the date of the hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023, at Naples,Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGIySTRA -E i f` atri . eale, E Executed by: Special Magistrate Patrick H.Neale on , 2023. Filed with the Secretary to the Special Magistrate on /�/// , 2023 by f_ . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at Domestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239)252-7387. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay 0012/ ,,12023 to Respondent, Fabiola Miguel, 5930 Sea Grass LN,Naples, FL 34116. 4. 4r � I,Crystal K. in =;Clir' , r in an t►'r Cc er County Code Enforcement Offt do hearhy.rti 41 at th ., strument is a true and correct a,py of fh 2a y I fil>, r., I C.• ' de'-: By: I. L e t f r. . Deputy Clerk Date: �_:�.,sr- I , INSTR 6491096 OR 6316 PG 3762 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CEPM20230006244 EUGENE M. LAMENTO Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters,hereupon issues his Findings of Fact,Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW I. Respondent,Eugene M. Lamento is the owner of the property located at 104 Fleur De Lis Ln, Naples,FL 34112, Folio 70470760007. 2. Respondent was duly notified of the date of hearing by certified mail and posting and was present at the hearing. 3. The Petitioner presented substantial competent evidence in the form of testimony which proved by a preponderance of the evidence that the real property of the Respondent is in violation of the Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22-236 to wit fire damaged property that was declared by the Building Official to be a dangerous building. 4. Respondent presented testimony that abatement efforts were being made,but delays due to financial issues and construction and supply chain delays were impeding the abatement. 5. Petitioner testified that abatement efforts were being made and the delays were reasonable and an extended period of time is reasonable to attain compliance. 6. The violation had not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22-236 to wit fire damaged property that was declared by the Building Official to be a dangerous building. 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 (December 31,2023). C. Respondent must abate the violation by obtaining all required Collier County Building Permit(s), inspections,and Certificate of Completion for all repairs needed to bring the property into compliance with the requirements of the Collier County Property Maintenance Code within 336 calendar days of the date of this hearing(November 1,2024) or a fine of$100.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm abatement. E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County 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 December,2023,at Naples, Collier County,Florida. COLLIER COUNTY CODE'ENFORCEMENT SPECIAL MAGIST ` TE f` atric e e, Esq. / Executed b Special Magistrate Patrick H.Neale on�2� /�' , 2023. 2 E' Filed with the Secretary to the Special Magistrate on 1 h L/ , 2023 b 1 ,,,-- PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples,FL 34104, phone#(239)252- 2440 or www.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 1 Crystal K.Kir�eel;I <'I m ana,for Collier County do Y y mY 35 e and correct n �By: r ti�, A Deputy Clerk Date: , i6Td '� ; T P , responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S. Mail on this/ ay of 023 to Respondent,Eugene M. Lamento, 104 Fleur De Lis Ln,Naples, FL 34112. Code Enforcement icial INSTR 6491097 OR 6316 PG 3765 RECORDED 12/27/2023 9:12 AM PAGES 3 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. CEVR20220007489 TITUS ENTERPRISES LLC Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023, and the Special Magistrate,having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, TITUS ENTERPRISES LLC is the owner of the property located at 2185 Markley Ave,Naples, FL 34117, Folio 335800001. 2. Respondent was duly notified of the date of hearing by certified mail and posting and Respondent was not present at the 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." 3. Respondent has stipulated to the fact that the property is in violation of Collier County Land Development Code 04-41,as amended, Section 3.05.01(B)to wit clearing of vegetation prior to obtaining a Vegetation Removal Permit. 4, The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as amended, Section 3.05.01(B)to wit clearing of vegetation prior to obtaining a Vegetation Removal Permit. 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 (December 31,2023). c. Respondent must abate the violation by obtaining all required Collier County approved mitigation plans, building/vegetation removal permit(s),inspections,and Certificate(s)of Completion/Occupancy to either keep the unpermitted improvement to the property as is, or to restore the property to its originally permitted condition within 180 calendar days of the date of this hearing(May 29,2024)or a fine of$200.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm abatement. E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 1st day of December,2023,at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGIS Patrick H. Neale,Esq. Executed b • Special Magistrate Patrick H.Neale on/ ,2023. Filed with the Secretary to the Special Magistrate on id-//y ,2023 by . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples, FL 34104, phone#(239)252- 2440 or www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct opy o this ORDER OF THE SPECIAL MAGISTRATE,has been sent by U.S. Mail on this NA_ y of 2023 to Respondent,TITUS ENTERPRISES LLC, 3736 Jackson Blvd, Fort Lauderdale L 33312. I Code Enforcement O cial c-/sf.gkx K CI Sf• i oorC.}JrCeunty ,•r ' Vice and correct cr.ey of the ;,lied i . • r,.. �� i%�I� / ''�By. Clerk Date: '3D 4�ItVir BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEVR20220007489 Titus Enterprises LLC Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Sasha Michael, on behalf of Titus Enterprises LLC, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference number CEVR20210010037 dated the 29th day of November, 2022. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for December 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 shall; 1) Pay operational costs in the amount of$111.65 incurred in the prosecution of this case within 30 days of this hearing. 2. Abate all violations by obtaining all required Collier County approved mitigation plans, building/vegetation removal permit(s), inspections, and Certificate(s) of Completion/Occupancy to either keep the unpermitted improvement to the property as is, or to restore the property to its originally permitted condition within 180 days of this hearing or a fine of$200 per day will be 4) 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.) 5) 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. r Respondent or Representative (sign) Ch,pck Marinos, Investigator I for Thomas landimarino, Director Code Enforcement Division $ Ac c4 (ttic ( 0/Pi-Cge23 Respondent or Representative (print) Date IZ /( / ZOz3 Date REV 4-27-23 !NSTR 6491098 OR 6316 PG 3768 RECORDED 12/27/2023 9.12 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$18.50 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. Case No. CEEX20230009311-CO-03267 JORGE MANUEL DIAZ Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on December 1, 2023, and the Special Magistrate, having received evidence and heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Citation number CO-03267 was issued on October 11, 2023 by Collier County Sherriff deputy Justin Baxter. 2. Respondent is charged with a violation of Collier County Code of Laws and Ordinances, Chapter 54,Article IV, Section 54-94,to wit use of bullhorn in violation of County Ordinance. 3. Respondent was duly notified of the date of hearing by certified mail and posting and Jorge Manuel Diaz was present at the hearing. 4. The Petitioner and Respondent presented evidence and testimony as to the relevant facts and law in this matter. The Petitioner proved by a preponderance of the substantial competent evidence that the Respondent was in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-94,to wit use of bullhorn without first obtaining the required annual permit. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 54, Article IV, Section 54-94 to wit use of bullhorn in violation of County Ordinance. B. Respondent is ordered to pay operational costs in the amount of$5.00 incurred in the prosecution of this case within thirty(30)days from the date of this hearing(December 31, 2023). C. Respondent is assessed a civil penalty of$100.00 as prescribed by Collier County Code of Laws and Ordinances, Chapter 54,Article IV, Section 54-94,to be paid within thirty(30) days of the date of this hearing(December 31,2023). D. Respondent is hereby ordered to pay total fines and costs in the total amount of$105.00,to be paid on or before thirty(30)days from the date of the hearing(December 31,2023). DONE AND ORDERED this 1st day of December,2023, at Naples, Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL M TE r v Pair ck H. Neale,Esq. Executed b : / Special Magistrate Patrick H. Neale on rL.,... , 2023. Filed with the Secretary to the Special Magistrate on /—)//tf , 2023 b PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at Domestic Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239)252-7387. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of;his ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ay of br:i2-,h,i2023 to Respondent, Jorge Manuel Diaz, 3924 Recreation Ln,Naples, FL 34116. ,,, .)' ?,'r n Code Enforcem Offic' l I,Cryy.ral K. i lif'Do. I-and Dallier County do hearhy r • Ir sbv/ s 1is Y rue and caret:! CG.dyulu.e..�. ral e inCoi . ", :a� By: Deputy Clerk Date: ir f'1iZ .ry �r� shy `1.. ° CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. Case No. CEV20230005442 GORDON L.WARD Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on October 6, 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 I. Respondent, Gordon L. Ward is the owner of the property located at 1171 29th St SW, Naples, FL 34117, Folio 37342680009. 2. Respondent was duly notified of the date of hearing by certified mail and posting and Respondent was present at the hearing. 3. Respondent has stipulated to the fact that the property is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 to wit unlicensed and/or inoperable vehicles being stored on improved Estates zoned property. 4. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. 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 (November 5,2023). INSTR A491099 OR 6316 PG 3770 RECORDED 12/27/2023 9:12 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 C. Respondent must abate the violation by repairing and affixing a current valid license plate to each vehicle in violation,or store these vehicles in a completely enclosed structure,or remove these vehicles to an area intended for such use within 60 calendar days of the date of this hearing(December 5,2023)or a fine of$50.00 per day will be imposed until the violation is abated. D. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm abatement. E. If Respondent fails to abate the violation and comply with this Order,the Collier County Code Enforcement Department may abate the violation using any appropriate method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office in order to access the property for abatement and enforce the provisions of this Order. All costs of abatement shall be assessed against the property owner and may become a lien on the property. DONE AND ORDERED this 6th day of October,2023,at Naples,Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MA ISTRATE Patrick .Neale,Esq. f Executed by: -,-;%".e— ,--' f` Special Magistrate Patrick H.Neale on/0 , 2023. r Filed with the Secretary to the Special Magistrate on /0/if , 2023 b ,, . elL PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Division, 2800 North Horseshoe Drive,Naples, FL 34104, phone# (239)252- 2440 or 'w.w_.collie..countyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy f this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this ,0 y oir2023 to Respondent, Gordon L. Ward, 1171 29th St SW,Naples, FL 34117. I,Crystal K.Kinz- k, , f40 4 `� r Collies County do',why certify, , at . a title d correct Code En orcem t Official a,py oI the u,. . iii'°1- IVY VY)' 1l , ‘-.Deputy Clerk Date: AFr-s ll* t,,' , BOARD OF COUNTY COMMISSIONERS Collier County, Florida f Petitioner, vs. Case No. CEV20230005442 Gordon L. Ward Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Gordon L Ward, on behalf of Gordon L. Ward into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference number CEV20230005442 dated the 11th day of July 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 October 6th, 2023; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Must repair and affix a current valid license plate to each vehicle in violation, or store these vehicles in a completely enclosed structure, or remove these vehicles to an area intended for such use within 60 days of this hearing or a fine of $50.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the 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. dent or Representative (sign) Ch k Marl os, Investigator 1 f Thomas landimarino, Director ode Enforcement Division o2Pew _ X162) tZerr 2027 Respondent or Representative (print) Date C-1 ' le7 2. . Date REV 3-29-16