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12/2023 \\,\ Cotter County Growth Management Department Code Enforcement Division DATE: December 6, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as ORDERS, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees to: Helen Buchillon Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 1 1 1-1 3891 1-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at: 239-252-5892. 01,144. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•w m.colliergov.net _ .r CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20210012154 4630 GOLF STREAM DRIVE LLC, INSTR 6487462 OR 6313 PG 3592 RECORDED 12/14/2023 4:18 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s). COLLIER COUNTY FLORIDA / REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on August 24, 2023,upon the Petitioner's Motion for Imposition of Fines/Liens,and the Board,having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On July 28, 2022,the Code Enforcement Board issued a Findings of Fact, Conclusions of Law, and Order, recorded at OR 6165 PG 3456. The Respondent(s), 4630 Golf Stream Drive, LLC, was found guilty of violating Collier County Land Development Code,Ord.No.04-41,as amended,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) at 4630 Gulfstream Dr., Naples, FL 34112, Folio No. 63103400007 (Legal Description: NAPLES SOUTH UNIT 1 BLK 15 LOTS 1 +2), hereinafter referred to as the"Property,"in the following particulars: Interior demolition before receiving required permits. Contractor licensing case CECV20210008608. 2. On the same date,Respondent(s)were ordered to abate the violation(s)on or before January 24,2023, or a fine of$100.00 per day would be assessed for each day the violation(s)remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR 6165 PG 3456.) 3. As the Respondent(s) was/were diligently pursuing abatement of the violation(s), this Board granted continuances on the imposition of fines at this Board's prior hearings held on November 18,2022 and April 27,2023. 4. The violation(s)has/have been abated as of July 25,2023. 5. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, had Mike Latino, its authorized agent, appear and testimony was received of the Respondent(s)'s diligent efforts to pursue abatement of the violation(s)and the request that fines and costs be waived. 6. All operational costs previously incurred by the Petitioner in the prosecution of this case have been paid. 7. Operational costs of$59.56 have been incurred by the Petitioner in the further prosecution of this case. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. Page 1 of 2 2. Respondent(s) has(have)demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2),Florida Statutes,to abate all fines accrued against Respondent(s). ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is DENIED. B. No accrued fines shall be imposed against Respondent(s),subject to Respondent paying operational costs of $59.77 on or before September 23,2023. DONE AND ORDERED this _day of ' "Jv" ,2023 at Collier County,Florida. COD ' - ' - MENT BOARD C s LIER COUNT ,FL RID• ii•.r B . A . ••• STATE OF FLORIDA Re pert a it COUNTY OF COLLIER The foregoing instrume t was acknowledged before me by means of Xphysical Presence or 0 online notarization, this`l day of ,2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. )(Personally Known OR 0 Produced Identification Type of Identification Produced Signature of Notary Public-State of Florida ooiri Poe, HELEN BUCHILLON o * * Commission#HH 105119 Commissioned Name of Notary Public c; Expires May 15,2025 (Print/Type/Stamp) 9TF pF Fl.Op Bonded Thru Budget Notary Send ee PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to:4630 GOLF STREAM DRIVE,LLC,9434 Greenleigh Ct.,Naples,FL 34120 on H(J4tt._ -744 ,2023. • Code Enforcement Official I,Crystal K.' nzet,Cler' )t Ccurts in end tnr Collier County In h�ar irk 00 this ahovr instrument Is a true and correct the u.,ginal I i Collier County, Deputy Clerk Dy: Page 2 of 2 Date: Receipt# 008793505 12/14/2023 4:18:58 PM co„. Crystal K. Kinzel`o Clerk of the Circuit Court and Comptroller -c)\ (,-,_,)@,(t)- :DER Customer Deputy Clerk Clerk Office Location PICK UP Donna A. Rutherford Collier County Govt. Center MINUTES & RECORDS Recordinghelp@CollierClerk.com Building LA, 2nd Floor 3331 TAMIAMI TRL E (239)252-2646 3315 Tamiami Trl E Ste 102 NAPLES, FL 34112-4901 Naples, Florida 34112-4901 1 Document Recorded DOC TYPE INSTRUMENT BOOK PAGE AMOUNT Order 6487462 6313 3592 $18.50 TOTAL AMOUNT DUE $18.50 Clerk Account#: BCC ($18.50) BALANCE DUE $0.00 Note: 12/14/2023 4:18:58 PM Donna A. Rutherford: CODE ENFORCEMENT 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. ©Qo QQOQQ® ❑ggo n Page 1 of 1 Co ier Coi my Growth Management Department Code Enforcement Division DATE: December 13, 2023 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as ORDERS, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees to: Helen Buchillon Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 1 1 1-1 3891 1-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at: 239-252-5892. Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•wwuv.colhergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CELU20220001142 JOHN J.MEDINA, INSTR 6489311 OR 6315 PG 1675 Respondent(s). RECORDED 12/20/2023 10:32 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$35.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on September 28, 2023, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent(s),John J.Medina,is/are the owner(s)of the subject property(the"Property"). 2. Respondent(s),having been notified of the date of hearing by certified mail and posting,did not appear at the public hearing. 3. Prior to the hearing,Respondent(s) entered into a Stipulation,which is attached hereto as Exhibit"A."The Stipulation is adopted and incorporated into this Order,and Respondent(s)is/are ordered to comply. 4. The Property at 14603 Oil Well Rd.,Immokalee,FL 34142,Folio No.232960002(Legal Description: 15 48 30 SE 1/4 OF SW1/4 OF NW 1/4,E 1/2 OF SW1/4 OF SW1/4 OF NW 1/4 LESS R/W)is in violation of Collier County Land Development Code, Ord.No. 04-41, as amended, Section 1.04.01(A)and 2.02.03,Prohibited Uses,in the following particulars: Operating a commercial trucking business on Agriculturally zoned property and the parking and storage of commercial vehicles,equipment,and office trailer. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,Ord. No. 04-41,as amended, Sections 1.04.01(A)and 2.02.03, do/does exist,and that Respondent(s)committed, and was/were responsible for maintaining or allowing the violation(s) to continue as of the date of this hearing. ORDER Page 1 of 3 Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondent(s) is/are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended,Sections 1.04.01(A)and 2.02.03. B. Respondent(s)must pay operational costs in the amount of$59.28 incurred in the prosecution of this case on or before October 28,2023. C. Respondent(s) shall abate all violations by ceasing and desisting the unauthorized commercial trucking business operation, and the parking and storage of commercial vehicles/equipment associated with the unauthorized business from the property on or before November 27, 2023, or a fine of$200.00 per day will be imposed for each day the violation(s)remain thereafter. D. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). E. Respondent(s) shall notify Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this 2eillX day of 64 .<.{ ,2023 at Collier County,Florida. if I E ENFORCE,I ENT BOARD COLLIER CO Y,FLORID t 1,W.444P/ STATE OF FLORIDA • -rt Kaufm' Jir COUNTY OF COLLIER The foregoing instruumept,was acknowledged before me by means of-a physical presence or ❑ online notarization, this J�/i day of � '" 2023,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. lk Personally Known OR 0 Produced Identification , J Type of Identification Produced Signature of Notary Public- State of Florida 001,4 HELEN BUCHILLON * * Commission#HH 10511 Commissioned Name of Notary Public Expires May 15,2025 9TPOF F\-°C' Bonded Thru Budget Notary Services (Print/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. I,Crystal K. tnzei,Gle' o .cjrts it and r,Celli- County do hearty certify that the a in 1 a and correct ugh copy of the original filed i l leer Clerk \, Date: rMat ik C Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and co ect copy of this ORDER has been sent by U.S. Mail to: John J. Medina, 14603 Oil Well Rd.,Immokalee,FL 34142,on 12 ,2023. l Code Enforcement Official Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20220001142 JOHN J. MEDINA Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, John J. Medina on behalf of himself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CELU20220001142 dated the 2nd day of September, 2023. This agreement is subject to the approval of the Code Enforcement Board, if rejected, case will be presented at first instance. It is highly recommended that the Respondent(s) or Authorized Representative be present for the proceedings. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a Hearing is currently scheduled for September 28, 2023; to promote efficiency in the administration of the Code Enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: • The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent(s) shall; 1) Pay operational costs in the amount of$59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Cease and desist the unauthorized commercial trucking business operation, and the parking and storage of commercial vehicles/equipment associated with unauthorized business from the property within 60 days of this hearing, or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent(s) must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent(s) fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. 6 Re ondent or Representative (sign) Cristina Perez, pervisor for Tom landimarino, Director Code Enforcement Division �� WI � v�'� �_ ! (1 - 2023 Res ndent or Representative (print) Date Date REV 11/06/2018