01/2024 Co te-r County
Growth Management Department
Code Enforcement Division
DATE: January 9, 2024
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•wiw+w.coliergw.net
INSTR 6499372 OR 6323 PG 720
RECORDED 1/22/2024 2:12 PM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs. Case No. CENA20230003093
PHILIP R. CARR
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on November 3, 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, Philip R. Carr is the owner of the property located at 1900 J and C Blvd,Naples,
FL 34108, Folio 246320007.
2. Respondent was duly notified of the date of hearing by certified mail and posting and Laura
Lou Roth Carr 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 54, Article VI, Sections 54-179 and 54-181, and Collier
County Land Development Code 04-41, as amended, Sections 1.04.01(A)and 2.02.03 to wit
outside storage and/or litter on industrial zoned property without the proper county approvals
or site development plan.
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
54, Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41,
as amended, Sections 1.04.01(A) and 2.02.03 to wit outside storage and/or litter on industrial
zoned property without the proper county approvals or site development plan.
B. Respondent is ordered to pay operational costs in the amount of$111.75 incurred in the
prosecution of this case within thirty (30)calendar days from the date of this hearing
(December 3,2023).
C. Respondent must abate the violation by removing all unauthorized accumulation of litter
and all other items not permitted for outside storage to a site designated for such use,or
store desired items in a completely enclosed structure within 60 calendar days of the date of
this hearing(January 2,2024) 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
Sheriffs Office in order to access the property for abatement and enforce the provisions of this
Order. All costs of abatement shall be assessed against the property owner and may become a
lien on the property.
DONE AND ORDERED this 3rd day of November,2023, at Naples, Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGIST ' T j
P c .Neale,Esq.
i�
Executed by: Special Magistrate Patrick H. Neale on/ 023.
Filed with the Secretary to the Special Magistrate on !///4 , 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 copy of this ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this/7i ay of 23 to Respondent, Philip
R. Carr, 111 Mahogany DR,Naples, FL 34108.
I,Crystal K.Kinzel,Cleo: ,f Cc'rrts in and frIr Collier County Code Enforce t Of cial
do head realty that the Above instrument is a true and correct
Q yy of t final fit in Collier County,Florida Deputy Clerk
By:
Date: — — ,
t 3
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
VS. Case No. CENA20230003093
Philip R. Carr
Respondent(s),
STIPULATION/AGREEMENT
LBefore me, the undersigned, au rc/ o kk 1 Q o+ Cq `behalf of Philip R. Carr enters into this Stipulation
and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CENA20230003093 dated the 10th day of April, 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 11 /03 / Or) ; 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, Collier County Land Development Code, 04-41
as amended, sections, 1.04.01(A) & 2.02.03. Collier County Code of Laws, chapter 54, article VI, section 54-181
and section 54-179.; 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$ 111.75 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Removing all unauthorized accumulation of litter and all other items not permitted for outside
storage to a site designated for such use, or store desired items in a completely enclosed
structure, within Xrdays of this Heariag, or a fine of $100.00 will be imposed for each day the
violation remains. (,O d1/4(,k f #-C ,e L
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 sha I be assessed to the property
owner.
C[�
La a c^ck Ln u V)o��� _� R b^G^
Respondent or Representative (sign) a Code Investigator
for Thomas landimarino, Director
Code Enforcement Division
c 11/oh/?c l
Respondent or Representative (print) Date
REV 4/17/2023
II/3/.:Z3
Date
REV 4/17/2023
INSTR 6499373 OR 6323 PG 724
RECORDED 1/22/2024 2:12 PM 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. CELU2023000981I
ROBERT P. and LOUISE L.YARDLEY
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on January 5,2024, and the
Special Magistrate, having received evidence and heard argument respective to all appropriate matters,
hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as
follows:
FINDINGS OF FACT and CONCLUSIONS OF LAW
1. Respondents, Robert P. and Louise L. Yardley are the owners of the property located at 5340
Myrtle Ln,Naples, FL 34113, Folio 60780600003.
2. Respondents were duly notified of the date of hearing by certified mail and posting and were
not present at the hearing.
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
Respondents is in violation of the Collier County Code of Laws and Ordinances, Chapter
130,Article III, Section 130-96(a)to wit people living in an RV on a residential property.
4. The violation had not been abated as of the date of the public hearing.
5. Respondents were duly noticed for the public hearing regarding the County's Motion and
were not present at the public hearing. Pursuant to Collier County Code of Laws and
Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the
hearing has been provided to the Violator as provided for herein, a hearing may be conducted
and an order rendered even in the absence of the Violator."It is found that proper notice was
provided in this matter.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 130,Article III, Section 130-96(a)to wit people living in an RV on a residential
property.
B. Respondents are ordered to pay operational costs in the amount of$111.70 incurred in the
prosecution of this case within thirty (30) calendar days from the date of this hearing
(February 4,2024).
C. Respondents must abate the violation by ceasing the use of a recreational vehicle for living,
sleeping,or housekeeping purposes while being stored on this residentially zoned property
within 7 calendar days of the date of this hearing (January 12,2024) or a fine of$100.00 per
day will be imposed until the violation is abated.
D. Respondents shall notify the Code Enforcement Investigator within 24 hours of abatement or
compliance in order for the County to conduct a final inspection to confirm abatement.
E. If Respondents fail to abate the violation and comply with this Order,the Collier County Code
Enforcement Department may abate the violation using any appropriate method to bring the
violation into compliance. If necessary,the County may request the services of the Collier County
Sheriff's Office in order to access the property for abatement and enforce the provisions of this
Order. All costs of abatement shall be assessed against the property owner and may become a
lien on the property.
DONE AND ORDERED this 5th day of January,2024,at Naples, Collier County,Florida.
I,Crystal K.Kinzel,Cler •.f Ceurts in and+nr Collier County COLLIER COUNTY CODE.ENFORCEMENT
do hearhy certify that the above instrument is a true and correct SPECIAL MAGIST
c4.44 o}th yi in fil Collier'County,Florida
By. PO P Deputy Clerk
Dste: / w2—24/
e,Esq.
Executed by: Special Magistrate Patrick H.Neale on / s i--- , 2024.
Filed with the Secretary to the Special Magistrate on / " 2024 by. 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
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 ? d y o ����� 024 to Respondents, Robert
P. and Louise L. Yardley, 5340 Myrtle Ln,Naples, FL 341 .
Code Enforcement fficial