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04/2024 Cotter County Growth Management Department Code Enforcement Division DATE: April 1, 2024 TO: Minutes & Records, Bldg F 4th Floor FROM: Helen Buchillon, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as ORDERS, and return the originals to the Minutes and Records Department. Please send a statement of all recording fees to: Helen Buchillon Operations Support Specialist II Growth Management Department Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 The Code Enforcement Cost Account is 111-138911-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at: 239-252-5892. ram, Uri Code Enforcement Division•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.coltiergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEAU20220010097 BEST HOMES BUILDER AT GG, LLC, Respondent(s). ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board(the"Board")for public hearing on July 31,2023, and the Board,having heard testimony under oath,received evidence and heard argument respective to all appropriate matters,hereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. Respondent, Best Homes Builder at GG LLC, is the owner of the subject property (hereinafter o "Property"). cc a 2. Respondent,having been notified of the date of the hearing by certified mail and posting,did appear at the 2 public hearing through authorized representative Michael Garcia, and admitted the unpermitted fence 0 U violation exists on the Property. U) 0 Lu Q 3. The Property located at 1190 Ivy Way,Naples,FL 34117,Folio No. 302800005 (Legal Description: 14 49 aQ 1 27 WI/2 OF N1/2 OF NI/2 OF N1/2 OF S1/2 OF NE1/4 LESS W 35FT)is in violation of Florida Building 0 a 0 Q Code 7th Edition(2020),Chapter 1,Part 2,Section 105.1,in the following particulars: coNH � ch 5 O Fence built without a valid Collier County permit. N Ct 00 N v I- 4. The violation has not been abated as of the date of this hearing. z N o O CONCLUSIONS OF LAW NWWUo 00cccc; - cc o w Based upon the foregoing facts,the Board makes the following Conclusions of Law: � UwU W J O W z X 0 0 CC 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 of Florida Building Code 7th Edition(2020),Chapter 1,Part 2,Section 105.1,does exist,and that Respondent committed,and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Respondents are found guilty of violating Florida Building Code 7th Edition (2020), Chapter 1, Part 2, Section 105.1. B. Respondents must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for the Page 1 of 2 unpermitted fence on or before September 29,2023,or a line of$150.00 per day will be imposed for each day the violations remain thereafter. C. If Respondents fail to comply with this Order,Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondents. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before August 30,2023. E. Respondents shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. 7111 DONE AND ORDERED this ..)/ day of—ail( ,2023,at Collier County,Florida. COD •RCEME BOARD '•LLIER C• T , LORIDA STATE OF FLORIDA BY, I ,Chair COUNTY OF COLLIER Kau) The foregoing instrument was pcknowledged before me by means of:r physical Presence or 0 online notarization, this 1144 day of fl-t/D, /ST ,2023,by Robert Kaufman.Chair of the Collier County Code Enforcement Board Collier County,Frorida. Personally Known OR 0 Produced Identification F)//6.a1-1 Type of Identification Produced Signature of Notary Public-State of Florida ^,,pr Pug, HELEN BUCHILLON Commission#HH 1200521519 Commissioned Name of Notary Public .. o� Expires May 15, (Print/Type/Stamp) carded Thru Euxet Hc!ary Servos 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: BEST HOMES BUILDER AT GG, LLC, 5030 SW 170 AVE., SOUTHWEST RANCHES, FL, 33331, on pays e' ,2023. ,,ti* Cf'� ,f .. Code Enforcement Official t, 1, KGe s gad fir Collier County'rysiatk l f do h.artity rrtity that the above-10 mmMt is a true and correct c. ,y:cfitse:u,. inalfiledi Ilior'C.pitnty;Fl da Deputy Clerk • _ By. Date:• Page 2 of 2 Cotter County Growth Management Department Code Enforcement Division DATE: April 15, 2024 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. UN Code Enforcement Division•2800 North Horseshoe Drive•Naples,Rorida 34104.239.252-2440•www.colfergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20230007241 RICHARD BRIAN PETERMAN AND CYNTHIA MARIE EDDY, INSTR 6537396 OR 6353 PG 286 RECORDED 4/25/2024 11:10 AM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s). 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 March 28, 2024, 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),Richard Brian Peterman and Cynthia Marie Eddy,is/are the owner(s)of the subject property (the"Property"). 2. Respondent(s), having been notified of the date of hearing by certified mail and posting, appeared at the public hearing. 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 located at 6900 Anthurium Ln.,Naples,FL 34113,Folio No.76775001724(Legal Description: TIGER ISLAND ESTATES LOT 62) is in violation of Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) in the following particulars: Interior renovations including but not limited to plumbing and electrical work completed prior to issuance of appropriate Collier County permits/approvals. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,04- 41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) do/does exist, and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s) to continue as of the date of this hearing. Page 1 of 3 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. Respondent(s) is/are found guilty of violating Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i). B. Respondent(s) must abate all violations by obtaining all required Collier County Building Permits(s) or a Demolition Permit,inspections,and Certificate of Completion/Occupancy for the interior renovations on or before July 26, 2024, or a fine of$200.00 per day will be imposed for each day the violation(s) remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before April 27,2024. 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 .2( day of A ,2024 at Collier County, Florida. COD • • - •4 ENT BOARD LIER CO ,FLORI A B " ,-a,�/,�! STATE OF FLORIDA : ••art Kau ,firrir COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of*physical presence or 0 online notarization, this II day of 4Pjti/ ,2024,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 r�. POB�/c HELEN BUCHILLON Commission#HH 105119 4) Q Ex Tres Ma 15,2025 Commissioned Name of Notary Public �94"oF P.P. BondedThru Budget Notary Servloat (Print/Type/Stamp) PAYMENT OF FINES:Any fines ordered to be paid pursuant to this Order maybe paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 44104, Phone: (249) 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(40)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER 124, been sent by U.S. Mail to: Richard Brian Peterman and Cynthia Marie Eddy, 6900 Anthurium Ln.,Naples,FL 34113,on Ant.P I I) ,2024. ILL EtilAi/L, Code Enforcement Official A ' ( t,Crystal K.Kin[`N,Cler:.")Cc,rts in fnrtollier County do hearty i erti that the above' is a.true and correct o py of the o,,ginal filed •.to,; FI•V•;' • By L/ _IeputyClerk Date: 'its #YP L' ' h//... ,.... '9 Page 3 of 3 4, 19 BOARD OF COUNTY COMM ISSIONERS Collier County, Florida, Petitioner, vs. Case No. CESD20230007241 Richard Brian Peterman and Cynthia Marie Eddy, Respondent(s), STIPULATION/AGREEMENT • Before me, the undersigned, c2r11lkuN c: 1rkw/\; t v��l� 4a , on behalf of Richard Brian Peterman and Cynthia Ma ' Eddy, enters into this Stipulation and Agr ement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD202 0007241 dated the 8th day of August, 2023. 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 March 28th, 2024; 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 of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the interior renovations within 120 days of this hearing or a fine of$200 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. espon ent or Repres tat a (sign) J son Packard, Investigator for Thomas landimarino, Director Code Enforcement Division t:a.416% il j oU .-� �P--2� 1 vResponde k)64:14tv,or Representative (print) Date Date REV 4-27-23 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEVR20230008759 EDINGTON PLACE,LLC, INSTR 6537397 OR 6353 PG 290 RECORDED 4/25/2024 11:10AM PAGES 4 Respondent. 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 March 28, 2024, 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,Edington Place,LLC,is/are the owner(s)of the subject property(the"Property"). 2. Respondent, having been notified of the date of the hearing by certified mail and posting, appeared at the public hearing via its authorized representative James L.Downey. 3. Prior to the hearing, Respondent 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 1095 Barefoot Williams Rd.,Naples,FL 34113,Folio No.727400006(Legal Description:4 51 26 NE1/4 OF NE1/4 OF SE1/4 OF NW1/4+THAT PART OF NW1/4 OF NW1/4 OF SW1/4 OF NE1/4 LYING W OF ROAD 3.62 OR 961 PG 46) is in violation of Collier County Land Development Code, 04- 41,as amended, Section 3.05.01(B)in the following particulars: Mechanical clearing of vegetation on a vacant lot without a permit. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code, 04- 41, as amended, Section 3.05.01(B) 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. Page 1 of 3 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. Respondent(s)is/are found guilty of violating Collier County Land Development Code, 04-41, as amended, Section 3.05.01(B). B. Respondent(s)must abate all violations by obtaining all required Collier County approved mitigation plans, building/vegetation removal permit(s),inspections,and Certificates of Completion/Occupancy to either keep the unpermitted improvement of the property as is, or to restore the property to its originally permitted condition on or before July 26, 2024, or a fine of $100.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before April 27,2024. 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 jigday of /&4 t4.!.i t ,2024 at Collier County,Florida. CODE E I : MENT BOARD CO R COUN Y,FLORI 10 A 4rio • BY: �j • STATE OF FLORIDA ' ..ert Kaufm.. f air COUNTY OF COLLIER The foregoing instrument�n was acknowledged before me by means ofphysical presence or 0 online notarization, ff this ]/ day of �R.aa) ,2024,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification IliijRv3,6t/L Type of Identification Produced Signature of Notary Public- State of Florida gcYPoa HELEN BUCHILLON Commission#HH 105119 * c_? * Commissioned Name of Notary Public q i oQ Expires May15,2025 94-0t:goQ gcnded Thai 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 44104, Phone: (249) 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(40)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and_cwrect copy of this ORDER has been sent by U.S.Mail to:Edington Place,LLC,P.O.Box 516,Marco Island,FL 34145,on Pr4.4 1/ ,2024. 1� wJ`�� Q✓��1/—v Code Enforce ent Official i,4rystal K.Kinznl, f Cc.irts in and t&collier County do hearty cecti*Z*t - )hove inssttrument is:time and correct cA,py of th , ' h F.4n� Clerk By: b_s /�,�I ! t Deputy Date: a L�® _. .,�, ✓� • e tl 4 ti)\`C Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner, vs. Case No. CEVR20230008759 EDINGTON PLACE LLC, Respondent, STIPULATION/AGREEMENT Before me, the undersigned, -.‘I / ., on behalf of EDINGTON PLACE LLC, enter into this Stipulation and Agreement with Collier County as tb the resolution of Notices of Violation in reference (case) number CEVR20230008759 dated 25th day of October 2023. 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 March 28th, 2024; 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 of Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Obtaining all required Collier County approved mitigation plans, building/vegetation removal permit(s), inspections, and Certificates of Completion/Occupancy to either keep the unpermitted improvement of the property as is, or to restore the property to its originally permitted condition within 120 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation 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 Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent ondent or Represent tive (sign) ougWilliams, Investigator � p ( 9 ) 9 for Thomas landimarino, Director Code Enforcement Division Respondent or Representative (print) / Date 01/ Date REV 3-29-16 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20240000553 PEGGY RAYMOND, INSTR 6537398 OR 6353 PG 294 RECORDED 4/25/2024 11:10 AM PAGES 4 Respondent(s). CLERK OF THE CIRCUIT COURT AND COMPTROLLER / COLLIER COUNTY FLORIDA REC$35.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 28, 2024, 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,Peggy Raymond,is/are the owner(s)of the subject property(the"Property"). 2. Respondent,having been notified of the date of hearing by certified mail and posting,appeared at the public hearing. 3. Prior to the hearing, Respondent 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 located at 5341 25th Ave. SW.,Naples,FL 34116,Folio No. 36317560003 (Legal Description: GOLDEN GATE UNIT 6 BLK 202 LOT 17)is in violation of Collier County Land Development Code,04- 41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) in the following particulars: Unpermitted screened in lanai and garage conversion,to include but not limited to,plumbing, framing,and drywall. 5. The violation(s)has/have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. The preponderance of the evidence shows that violation(s)of Collier County Land Development Code,04- 41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) do/does exist, and that Respondent(s) committed, and was/were responsible for maintaining or allowing the violation(s) to continue as of the date of this hearing. Page 1 of 3 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. Respondent(s)is/are found guilty of violating Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i). B. Respondent(s)must abate all violations by: 1. Ceasing occupancy use of the converted garage and shut off all unpermitted electrical on or before April 4, 2024, or a fine of$50.00 per day will be imposed for each day the violation(s) remain thereafter AND 2. Obtaining all required Collier County Building Permits(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the screened in lanai and alterations/improvements made to the garage on or before June 26,2024, or a fine of$200.00 per day will be imposed for each day the violation(s)remain thereafter. C. If Respondent(s)fail/s to comply with this Order,Collier County may abate the violation(s)using any method to bring the violation(s)into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent(s). D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$59.28 on or before April 27,2024. 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 2g/ day of / (f*4 ` ,2024 at Collier County,Florida. CODE E 1 • ' ENT BOARD CO ER COUN Y,FLORIDA B : „0„," ... /0„, 0. oaf STATE OF FLORIDA ' :e-rt Kaufman ''air COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means o :i physical presence or 0 online notarization, this /1 day of i4 Pitt/ ,2024,by Robert Kaufman,C air of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR 0 Produced Identification ILL.,,,---<vaiAL Signature of Notary Public- State of Florida Type of Identification Produced ep.YPUB�/n HELEN BUCHiLLON *F #, Commission#HH 105119 op, Expires May 15,2025 Commissioned Name of Notary Public 9�OF F� � Bonded Nu 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 44104, Phone: (249) 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. Page 2 of 3 APPEAL:Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(40)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:Peggy Raymond,3360 52nd Ave. NE.,Naples,FL 34120,on 400/ Jl ,2024. ode Enforcement Official • • t ¢del K.Kin-el Ccurts in and feir Collier County • hearhy certifyt+ f v inst is a me and correct a.pi of th I fi i er fl 'de' Deputy Cleric By: Date:_ Page 3 of 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20240000553 Peggy Raymond Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, PL-C, G 4`t `(rr A c? ) , on behalf of Peggy Raymond, enters into this Stipulation and Agreement' with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20240000553 dated the 26th day of January, 2024. 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 March 28, 2024; 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, The Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), are accurate and stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Cease occupancy use of the converted garage and shut off all unpermitted electrical within 7 days of this hearing or a fine of$50 per day will be imposed until the violation is abated. 3) Abate all violations by all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the screened in lanai and alterations/improvements made to the garage within i C days of this hearing or a fine of $ 212C per day will be imposed until the violation is abated. 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. ( /��\/' � j � / Responden#ir Represntative (sign) Brian Owen, Investigator for Thomas landimarino, Director Code Enforcement Division �, �� 1�t 1 c , 3/ Respondent dr Representative (print) Date 3 7?-g/oLy Date REV 4-27-23 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Cace_No_rENA20230008527 BERNHARDT FAMILY TRUST, INSTR 6537399 OR 6353 PG 298 RECORDED 4/25/2024 11:10 AM 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 March 28, 2024, upon Petitioner's Motion for Imposition of Fines/Liens and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On October 26,2023,prior Respondent(s),Robert P. and Louise L. Yardley,predecessor in title to current Respondent(s)Bernhardt Family Trust,was/were found guilty of violating Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-185(a)on the Property located at 5340 Myrtle Ln.,Naples, FL 34113,Folio No. 60780600003 (Legal Description: MYRTLE COVE ACRES BLK A COMM AT NW CNR W 100FT OF E 200FT OF LOT 14, S 170FT, E 100FT, N 170FT, W 100FT TO POB OR 1174 PG 2258)in the following particulars: Repeat violation of weeds and grass growth in excess of 18"throughout this entire improved residential lot,including the swale. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before November 2, 2023, or a fine of$500.00 per day would be assessed for each day the violation(s) remained thereafter(A copy of the Order is recorded at OR 6307 PG 3338). 3. Current Respondent(s), Bernhardt Family Trust, having been notified of the date of today's hearing by certified mail,posting and/or personal service had its authorized representative Mariano Bernhardt appear at the public hearing and provide testimony on its behalf. 4. The previously assessed one-time civil penalty of$5,000.00 has not yet been paid. 5. Previously assessed operational costs of$59.28 have been paid and the Petitioner has incurred operational costs of$59.35 for prosecution of today's hearing. 6. The violation(s)has/have been abated as of February 5,2024. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. Page 1 of 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$5,000.00,along with the unpaid one-time civil penalty of$5,000.00,to be paid along with operational costs of$59.35,for a total amount of$10,059.35 to be paid on or before April 27,2024,or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health,safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. DONE AND ORDERED this 2r44 day of��j� ,2024,at Collier County,Florida. CODE ENF CEMENT BOARD C ER COUN Y,FLORID B . STATE OF FLORIDA Ro rt Kauf , it COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical Presence or 0 online notarization, this )J day of taelf1) ,2024,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. At Personally Known OR 0 Produced Identification Vk\ .QA. Type of Identification Produced Signature of NotaryP-'1?-)1„),A ublic- State of Florida HELEN BUCHILLON ° Commission#HH 105119 Commissioned Name of Notary Public NpQ Expires May 15,2025 (Print/Type/Stamp) �o,Flo, Bonded fire Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Bernhardt Family Trust, 1236 Laurel Ct.,Marco Island,FL 34145,on Aga*,I I J ,2024. f`� 4iP Code Enforcement Of icial I,Crystal K.'Kinael,Cleo-..f C :rts in end fnr Collier County do heathy certity •at the above instrument is a true and correct a,py of th u:,.i in •I' •, ty,Florida By. Deputy Clerk Date: /i e' Page 2 of 2 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, acP Nn CFI,IT201 R0913990 VS. - VLADIMIR PORTAL AND CARIDAD PAZ, INSTR 6537400 OR 6353 PG 300 RECORDED 4/25/2024 11:10 AM 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 March 28, 2024, upon Petitioner's Motion for Imposition of Fines/Liens, and the Board having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereby issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On February 27,2020,Respondent(s),Vladimir Portal and Caridad Paz,was/were found guilty of violating Section 10.02.06(B)(1)(a), Ord. No. 04-41, as amended, Collier County Land Development Code, on the subject property located at 2035 Golden Gate Blvd. W.,Naples, FL 34120, Folio No. 36914160000(Legal Description: GOLDEN GATE EST UNIT 7 W 150FT OF TR 64),hereinafter referred to as the"Property", in the following particulars: Unpermitted improvements/structures: a converted garage,an aluminum porch, an entry addition,a large warehouse,a swimming pool,and ground level addition to the permitted pigeon coop. 2. The Board's written Order of February 27,2020,ordered Respondent(s)to abate the violation(s)on or before August 25, 2020, or a fine of$150.00 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 5742 PG 241.) 3. On February 25,2021,April 28,2022,and February 22,2024,this Board granted Respondent(s)'s request to continue the hearing date on Petitioner's Motion for Imposition of Fines as Respondent was diligently pursuing abatement of the violation(s). 4. Respondent(s), having been notified of the date of today's hearing on Petitioner's Motion for Imposition of Fines/Liens by certified mail, posting and/or personal service, appeared at the public hearing via Vladimir Portal, along with a translator,Carilyn Espinosa, and testimony was received of the Respondent(s)diligent efforts to pursue abatement of the violation(s)and request that fines and costs be waived. 5. Previously assessed operation costs of$59.28 and$59.77 incurred by the Petitioner in the prosecution of this case have been paid. 6. The violation(s)has/have been fully abated as of March 1,2024. 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. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$1,500.00, which amount includes operational costs, to be paid on or before April 27,2024, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health,safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. / DONE AND ORDERED this o'4,day of M/' O'l ,2024 at Collier County,Florida. CODE ENFORCEMENT BOARD TY,FLORIDA t Kauf air STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me by means of tYphysical presence or ❑ online notarization, this I , day of -Pi, J ,2024,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. IXPersonally Known OR 0 Produced Identification Type of Identification Produced Signature of otary Public- State of Florida OSY Poe, HELEN BUCHILLON 4 '�'.•..',`' Commission#HH 105119 Commissioned Name of Notary Public oe Expires May 15,2025 (Print/Type/Stamp) l'OF et-oQ' Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to:Vladimir Portal and Caridad Paz,20 GkiltletvQjte Blvd.W.,Naples,FL 34120 on this ) I `day of Aidi ,2024. am � T!�' •- 01.1)- vor" I,Crystal K.tGnzel,!At c ::,• of(tcr(S rr . d' "frillier County Code Enforcement Official do hearby certify tharthe 9h!wry 14,..t . and correct copy of th=o,gi :I fiiee irr G lieL a f .. Page 2 of 2 *. Date 11 %1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20220003245 NAPLES-DAVIS BLVD LLC CO BENDERSON INSTR 6537401 OR 6353 PG 302 DEVELOPMENT CO.LLC, RECORDED 4/25/2024 11:10 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent. 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 March 28, 2024,upon a Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereby issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On November 18,2022,Respondent(s)NAPLES-DAVIS BLVD LLC CO BENDERSON DEVELOPMENT CO.LLC,was found to have violated Collier County Land Development Code,Ord.No.04-41,as amended, Sections 5.06.06(A)(8)and 10.02.06(B)(1)(a), on the subject property located at 8760 Davis Blvd.,Naples, Florida 34112, Folio No. 34690080008 (Legal Description: GATOR GATE UNIT 1 AND GATOR GATE UNIT 2,THAT PART OF TR 1 AND 2 AS DESC IN OR 2962 PG 221,LESS THAT PORTION AS DESC IN OR 4026 PG 3583, LESS THAT PORTION FOR R/W AS DESC IN OR 4360 PG 2653, LESS THAT PORTION FOR R/W AS DESC IN OR 5773 PG 518),in the following particulars: Unpermitted sign alterations. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before May 17,2023,or a fine of$100.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR 6199 PG 1730). 3. On July 31, 2023, Respondent(s) were granted a continuance on Petitioner's Motion for Imposition of Fines/Liens as Respondent(s)demonstrated diligent efforts to pursue abatement of the violation(s). 4. Respondent(s), having been notified of today's hearing on said motion by certified mail, posting and/or personal service,had Todd Mathes,its authorized representative,appear and offer testimony on its behalf. 5. Previously assessed operational costs of $59.28 have been paid, the Petitioner has incurred $59.70 in operational costs for today's hearing,and the violation(s)has/have been abated as of February 6,2024. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. Page 1 of 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$440.30 and today's operational costs of$59.70,for a total amount of$500.00 to be paid on or before April 27,2024, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health,safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator; and e. Any other relevant factors. DONE AND ORDERED this jAday of 1...440.14 ,2024 at Collier County,Florida. CODE ENFORCEMENT BOARD C Y,FL DA B . rt Kaufman, air STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, this )I day of y -P&tj J ,2024,by Robert Kaufman, -Clair of the Collier County Code Enforcement Board Collier County,Florida.Personally Known OR 0 Produced Identification a4 .�b4:1") Signature of Notary Public-State of Florida Type of Identification Produced osvfPoe(i HELEN BUCHILLON Commission#HH 105119 * -t,.)� * Commissioned Name of Notary Public N�> 7.' 'oe Expires May 15,2025 (Print/Type/Stamp) I''oF ft. Bonded Thai Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: NAPLES-DAVIS BLVD., LLC C/O BENDERSON DEVELOPMENT CO. LLC, 570 Delaware Ave., Buffalo,NY 14202 this day of / p&p 1 n ,2024. ,,v va I v. -,, VLS"-- L/ailiL c r`+.•••••,,, ��w'j, Code Enforcement Official I,Crystal K.Kinzel,Clc'• ,f Ceirts it . , r f ollier County do hearby certify th tths abo H•in- •.`'a we correct apy of the gin- filed in I ,�o.'►rT�} •p'•a / Page 2 of 2 Bye// •-,• Clerk Dste: 'i�61 r. `"`.•_ d w CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20140006223 HENRY PEREZ, 63 RECORDEDINSTR 4/25/20246537402OR 5131:10AMPG304PAGES 2 CLE K OF THE CUIT Respondent(s). COLLIER ER COUNTYRFLORIDOOURTAND COMPTROLLER / REC$18.50 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 28, 2024,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 November 20, 2015, Respondent(s), Henry Perez, was/were found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Section 10.02.06(B)(1)(a), on the subject property located at 2665 Oil Well Rd., Naples, FL 34120, Folio No. 39895880008 (Legal Description: GOLDEN GATE EST UNIT 64 TR 63 LESS S SOFT FOR R/W AS DESC IN OR 4322 PG 664),hereinafter referred to as the"Property", in the following particulars: A vacant unfinished home with an expired permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before February 18, 2016 or a fine of$200.00 per day would be assessed for each day the violation(s) remained thereafter(A copy of the Order is recorded at OR 5217 PG 2222). 3. On March 24,2016, this Board granted Respondent(s)a continuance on Petitioner's Motion for Imposition of Fines/Liens. (A copy of the Order is recorded at OR 5257 PG 903). 4. On September 22,2016,this Board granted Respondent request for an extension of the compliance deadline to abate the violation(s). (A copy of the Order is recorded at OR 5318 PG 736). 5. Respondent(s),having been notified of the date of hearing by certified mail,posting and/or personal service, appeared at the public hearing and provided testimony on his behalf. 6. Previously assessed operational costs of$65.43 incurred by the Petitioner have been paid. 7. The violation(s)has/have been abated as of March 20,2024. 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. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$3,000.00, which includes today's operational costs,to be paid on or before April 27,2024,or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health,safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. , ,, �� DONE AND ORDERED this OA day of i ,2024 at Collier County, Florida. CODE .—• ' • NT BOARD CO I�C _D• BY: //�t - �- STATE OF FLORIDA Ro' rri aufma', W COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of. physical Presence or 0 online notarization, this f/ day of /Viz?I ,2024,by Robert Kaufman,Chair of the Collier County Code Enforcement Board Collier County,Florida. Personally Known OR❑Produced Identification Type of Identification Produced Signature of otary Public- State of Florida o aR;NV HELEN BUCHILLON *' ,)`* Commission#HH 105119 Commissioned Name of Notary Public N9r 1 aQ Expires May 15.2025 (Print/Type/Stamp) Fop FLoQ` Bonded Thru Budget Hctary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 44104, Phone: (249) 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(40)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: Henry Perez,2042 Mandarin Ln.,Naples,FL 34120,on Met?) i I ,2024. I,Cry..tal K.Kinzel, iel A.rls i� Collier County Code Enforcement Officia do hearby certify thq+t the abov in i' a tru•a.•correct c py of the r.gin"1`iled in/C.t , y,�ll/'nd•i� Page 2 of 2 By _ s%v Duty Clerk Date: li?11r- s CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEROW20230002007 SANTIAGO ZAVALA JR.AND SANTIAGO INSTR 6537403 OR 6353 PG 306 ZAVALA, RECORDED 4/25/2024 11:10 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA Respondent(s). REC$27.00 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 28, 2024,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 November 17, 2023, Respondent(s) Santiago Zavala Jr. and Santiago Zavala, was/were found guilty of violating Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way,Division 1 Generally, Section 110-31(a)as amended,on the subject property located at 3077 52°d St. SW, Naples, FL 34116, Folio No. 36439520002 (Legal Description: GOLDEN GATE UNIT 7 BLK 240 LOT 30),hereinafter referred to as the"Property",in the following particulars: Asphalt driveway installed over County right of way without a permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before February 15,2024,or a fine of$75.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR 6311 PG 1463). 3. Respondent(s),having been properly notified of the date of hearing by certified mail,posting and/or personal service,failed to appear at the public hearing. 4. Previously assessed operational costs of$59.28 have not been paid and Petitioner has incurred additional operational costs of$59.35 for today's hearing. 5. The violation(s)have not been abated as of March 28,2024. CONCLUSIONS OF LAW Based upon the foregoing facts,the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued,and the Board has jurisdiction pursuant to Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s). Page 1 of 3 ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. B. Daily fines of$75.00 per day are assessed and imposed against Respondent(s)for forty-two(42)days for the period from February 16,2024,to March 28,2024,for a total fine amount of$3,150.00. C. Respondent(s)shall pay the prior operational costs of$59.28 and today's operational costs of$59.35. D. Respondent(s)shall pay fines and costs in the total amount of$3,268.63 on or before April 27, 2024, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County, Florida. E. Daily fines of$75.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. F. 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. Other relevant factors.DONE AND ORDERED this WA day of Fi4n 4,l1 ,2024 at Collier County, Florida. C P •E ENFO; EMENT BOARD kwwe:4'�'• • T . •RIDA B "�i�i�►lifi� STATE OF FLORIDA 'o•-rt . .u 7"Chair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means • r d physical Presence or 0 online notarization, this /1 day of -,04.j ,2024,by Robert Kaufman, hair of the Collier County Code Enforcement Board Collier County,Florida. f 'Personally Known OR 0 Produced Identification Type of Identification Produced Signature o otary Public- State of Florida 2o�ppr F�B'0 HELEN BUCHILLON Commissioned Name of Notary Public * -(11- Commission#NH 105119 (Print/Type/Stamp) N� ri' � Expires May 15,2025 1..FOF F`OQ- Bonded Thru Budget Notary Service* 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 44104, Phone: (249) 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(40)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an appeal will not automatically stay this Order. Page 2 of 3 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Santiago Zavala and Santiago Zavala,Jr., 3077 52' St. SW,Naples,FL 34116,on �/q pi I/ ,2024. ILLE14, Code Enforcement Official fnr Collier County I,Crystal K.Kinn',Clef' if Grins i• ' t i a true and correct do heathy cart&that the above i , ,I F'nit,tr a py of the .gina led in `) uty Clerk By: r., va,,,//1r '— Date: - 1107;� Page 3 of 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Case No. CESD20200006363 MIGUEL ARROYO, INSTR 6537404 OR 6353 PG 309 RECORDED 4/25/2024 11:10 AM 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 March 28, 2024,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 April 23, 2021,Respondent(s),Miguel Arroyo,was/were found guilty of violating Collier County Land Development Code,Ord.No.04-41,as amended,Section 10.02.06(B)(1)(a),on the subject property located at 5217 Martin St.,Naples,FL 34113,Folio No.62091600004(Legal Description:NAPLES MANOR ADD BLK 3 LOT 22),hereinafter referred to as the"Property",in the following particulars: Enclosed the porch/entryway and built a 16ft.x 12ft.detached garage without first obtaining a valid Collier County permit. 2. On the same date as above,the Board issued an Order ordering Respondent(s)to abate the violation(s)on or before August 21,2021,or a fine of$100.00 per day would be assessed for each day the violation(s)remained thereafter(A copy of the Order is recorded at OR 5944 PG 1398). 3. On January 27, 2022, March 24, 2022, and February 23, 2023, this Board granted Respondent(s)'s request for continuances as efforts of diligent pursuit of abatement were presented during the respective hearings. 4. The violation(s)has/have been abated as of March 28,2024. 5. Respondent(s), having been notified of the date of this hearing by certified mail, posting and/or personal service,appeared at the hearing via his authorized representative and son,Miguel Arroyo,Jr.,and testimony was received of the Respondent(s)'s diligent efforts to pursue abatement of the violation(s)and request that fines and costs be waived. 6. Operational costs of$59.21 have been paid and the Petitioner has incurred$59.98 in costs for today's 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. Respondent(s) has(have) demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2),Florida Statutes,to reduce the amount of fines accrued against Respondent(s). Page 1 of 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$300.00 to be paid along with operational costs of$59.98, for a total amount of$359.98,to be paid on or before April 27, 2024, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health, safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. DONE AND ORDERED this QP-th day of ,C.' Z( ,2024 at Collier County, Florida. COD- ORC ENT BOARD C•• LIER CO ,FLO' I A Ardo-4%, STATE OF FLORIDA ' o.*rt Ka 4 air COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of!t physical Presence or 0 online notarization, this )I day of APO/ ,2024,by Robert Kaufman, hair of the Collier County Code Enforcement Board Collier County,Florida. itZtAt/U C Personally Known OR 0 Produced Identification g Type of Identification Produced Signature of Notary Public- State of Florida oos'(Poe HELEN BUCHILLON * �t * Commission#HH 105119 Commissioned Name of Notary Public Expires May 15,2025 (Print/Type/Stamp) '�'on Ft.oP Bonded Thru Budget Notary Servicee 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 44104, Phone: (249) 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(40)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 coy of this ORDER has been sent by U.S. Mail to: Miguel Arroyo, 5217 Martin St.,Naples,FL 34113 on f�1' 1W // ,2024. AIL F..j/13..Lied Code Enforcement Official I,Crystal K.16nzprCter:o,de:r+fs for Collier County do hearhy oertify;$latxhe •:ve i• is a true a•d colfedt rx py of the ginal led i 'Gdl'. •rr• F-rid, Page 2 of 2 • a uty Clerk By: CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Cage No CESD20200009039 KURT CLAPPER and TRICIA CLAPPER, INSTR 6537405 OR 6353 PG 311 RECORDED 4/25/2024 11:10 AM 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 March 28, 2024, upon Petitioner's Motion for Imposition of Fines/Liens, and the Board having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereby issues its Findings of Fact, Conclusions of Law,and Order of the Board as follows: FINDINGS OF FACT 1. On September 23, 2021, Respondent(s)was/were found guilty of violating Section 10.02.06(B)(1)(a), Ord. No. 04-41, as amended, Collier County Land Development Code, on the subject property located at 5720 Sea Grass Ln.,Naples,FL 34116,Folio No. 38228440003 (Legal Description: GOLDEN GATE EST UNIT 31 W 150FT OF TR 99)hereinafter referred to as the"Property",in the following particulars: Constructed shed without permit. 2. The Board's written Order of September 23, 2021, ordered Respondent(s) to abate the violation(s) on or before January 21,2022,or a fine of$200.00 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 6027 PG 1219.) 3. On September 28,2023,this Board granted Respondent(s)'s request for a continuance on Petitioner's Motion for Imposition of Fines/Liens as evidence was presented that demonstrated diligent efforts to pursue abatement. 4. Respondent(s),having been notified of the date of hearing on today's Motion for Imposition of Fines/Liens by certified mail, posting and/or personal service, appeared at the public hearing via Kurt Clapper, and presented testimony in support of a request for a reduction in the fine amount to be imposed. 5. Previously assessed operational costs of$59.28 have been paid and the Petitioner has incurred $59.49 in operational costs for today's hearing. 6. The violation(s)has/have been fully 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. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s), subject to a reduction of the fine amount. Page 1 of 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 Chapter 2,Article IX,Code of Laws and Ordinances of Collier County,Florida,it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is GRANTED at a reduced fine amount of$1,500.00 to be paid along with operational costs of$59.49 for a total amount of$1,559.49 to be paid on or before April 27, 2024, or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s) in Collier County,Florida. B. The following factors have been considered in determining the amount of the fine imposed: a. The gravity of the violation; b. Any potential health,safety and welfare issues; c. Any actions taken by the violator to correct the violation; d. Any previous violations committed by the violator;and e. Any other relevant factors. DONE AND ORDERED thisA44day of 1,../44,64 ,2024 at Collier County,Florida. CODE E►I • : EMENT BOARD C• IER CO Y,FLO' 0 A riA iF ' •,'rt Kau ' a'Chair STATE OF FLORIDA) COUNTY OF COLLIER) The foregoing instrumen was acknowledged before me by means of physical presence or 0 online notarization, this j] day of at ,2024,by Robert Kaufman,C air of the Collier County Code Enforcement Board Collier County,Florida. 1R/Personally Known OR 0 Produced Identification tLL.- Type of Identification Produced Signature of Notary Public- State of Florida .0(049, HELEN BUCHILLON * .1) * Commission#HH 105119 Commissioned Name of Notary Public 9r !r' Expires May 15,2025 (Print/Type/Stamp) Fop f\,o Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliercountyfl.gov.Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Kurt Clapper and Tricia Clapper, 5720 St Grass Ln.,Naples,FL 34116,on this /) day of�Iq �� I ,2024. t ; . V��L� I,Crystal K.Kinzet, ":,fGcirts an r,,r,Collier County Co e Enforcement Official do hearty certify the th>~above is a true and correct cupyofth•u„g'al;Medi ,, F.rid;1 Page 2 of 2 By: —_'- . ' . ty Clerk Date. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CESD20230003899 DEBBIE BELLO LOPEZ AND RAMON LOPEZ, INSTR 6537406 OR 6353 PG 313 RECORDED 4/25/2024 11:10 AM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER Respondent(s). COLLIER COUNTY FLORIDA REC$27.00 ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 28, 2024, upon Petitioner's Motion for Imposition of Fines/Liens and Respondent(s) Motion for Continuance, 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 August 24, 2023, Respondent(s) was/were found guilty of violating Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), Collier County Land Development Code, Ord. No. 04-41, as amended,on the subject property located at 2960 56th Ave.NE,Naples,FL 34120,Folio No. 38970400003 (Legal Description: GOLDEN GATE EST UNIT 44 W 1/2 OF TR 106) hereinafter referred to as the "Property",in the following particulars: Multiple structures erected prior to obtaining a Collier County Building permit(s)consisting of,but not limited to,a front carport with 2 light poles with receptable connections,barn/carport/storage structure in the rear,metal shed structure,and an electrical receptable connection pole in the rear of the property. 2. The Board's written Order of August 24,2023,ordered Respondent(s)to abate the violation(s)on or before February 20, 2024, or a fine of$350.00 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 6290 PG 411.) 3. Respondent(s),having been notified of the date of hearing on today's Motion for Imposition of Fines/Liens by certified mail, posting and/or personal service, appeared at the public hearing and has/have requested a continuance on Petitioner's Motion for Imposition of Fines. 4. Previously assessed operational costs of$59.28 have been paid and the Petitioner has incurred $59.28 in operational costs for today's hearing. 5. The violation(s)has/have not been abated as of the date of this hearing, including the unpermitted electrical receptacles and connectors remaining in place which pose a threat to the health, safety, and welfare of individuals residing on or visiting the subject property. 6. The Respondent(s) has/have failed to demonstrate diligent efforts to abate the violation(s) so that a continuance would be warranted the violation(s)has/have not been abated as of March 28,2024. 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 3 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that the fines and cost shall be imposed against Respondent(s). 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. Respondent(s)' Motion for Continuance of Imposition of Fines/Liens is DENIED. B. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. C. Daily fines of$350.00 per day are assessed and imposed against Respondent(s)for thirty-seven(37)days for the period from February 21,2024,to March 28,2024,for a total fine amount of$12,950.00. D. Respondent(s)shall pay operational costs for today's hearing in the amount of$59.28. E. Respondent(s) shall pay fines and costs in the total amount of$13,009.28 or be subject to Notice of Assessment of Lien against all properties owned by Respondent(s)in Collier County,Florida. F. The daily fines of$350.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. G. 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. Other relevant factors. ,, D DONE AND ORDERED thisIA day of �4 .&1I ,2024 at Collier County,Florida. COD , -' ' _ ENT BOARD Iii COUNT' ,FLORIDA sw_ B'• /: �I STATE OF FLORIDA 'oIf-rt Kau.• .." hair COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, this )/ day of prPro ,2024,by Robert Kaufman,C air of the Collier County Code Enforcement Board Collier County,Florida. ILL"N.Personally Known OR❑ Produced Identification Type of Identification Produced Signature of Notary Public- State of Florida o.0Yr49,,c HELEN BUCHILLON a 1, % Commission#HH 105119 * tl * Expires May 15,2025 Commissioned Name of Notary Public N T'iOF fv°4' 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. Page 2 of 3 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 ORDE as been sent by U.S. Mail to: Debbie Bello Lopez and Ramon Lopez,2960 56th Ave.NE,Naples,FL 34120,onf'2) 1 1 ,2024. Z jag,. ode Enforcement Official I Crystal K.Kinzel,Lyle' A Cc f• ' • is a.true.nd correct do hearhy certify tit the. ve inr,d4ollier County ir ct,py of the . final ,,i Jr�', ; ,,rid • ....tit),Clerk Date: //GiY..r�! Page 3 of 3