06/2024 CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs. Case No. CEPM20230003893
TIMOTHY SCHAUS
Respondent.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on April 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
ce
w
-J
J
cc1. Respondent, Timothy Schaus is the owner of the property located at 3222 Karst Ct,Naples,
FL 34112, Folio 24690000946.
2
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w o 2. Respondent was duly notified of the date of hearing by certified mail and posting and
Q Respondent was not present at the hearing. Pursuant to Collier County Code of Laws and
a H Ordinances, Chapter 2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the
cn a o ¢ hearing has been provided to the Violator as provided for herein, a hearing may be conducted
o a o and an order rendered even in the absence of the Violator."
HO
co o 0 3. Respondent has stipulated to the fact that the property is in violation of Collier County Code
o N - of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1), 22-231(12)(L), 22-
r z 231(15), and 22-231(19)to wit pool that is green, stagnant, and not properly maintained,
o o I- o o ripped or missing screen panel on the pool enclosure, and microbial growth on the pool
o O CC enclosure frame.
� Q Wr,
zo w w o w 4. The violation has not been abated as of the date of the public hearing.
- cr o o
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44; as amended,
IT IS HEREBY ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Sections 22-228(1), 22-231(12)(L),22-231(15), and 22-231(19)to wit pool that is
green, stagnant, and not properly maintained, ripped or missing screen panel on the pool
enclosure, and microbial growth on the pool enclosure frame.
B. Respondent is ordered to pay operational costs in the amount of$111.70 incurred in the
prosecution of this case within thirty(30)calendar days from the date of this hearing(May
5,2024).
C. Respondent must abate the violation by chemically treating the pool water, killing the algae
growth,and maintaining the filtration system to keep the pool water clean and provide bi-
weekly treatments OR chemically treat the pool water, killing the algae growth,and
covering the pool to prevent safety hazards,insect infestations,and the intrusion of rain
water within 60 calendar days of the date of this hearing(June 4,2024) or a fine of$250.00
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 5th day of April,2024,at Naples,Collier County,Florida.
, ,? COLLIER COUNTY CODE ENFORCEMENT
...;41 K Ktig}I,.Ck A er•irts io and.fr other County SPECIAL MAGISTRATE
h,;drfly iersv rt+at,k ,..P instrathent isafore and correct
%vy ntthe; .n:,fi` �.'.1.,-'County,Floods /<
BY:___ :: .-. ` :Deputy Clerk
Date: /3'f/if ik..
o r Patrick IT. N e, sq.
Executed b • i Special Magistrate Patrick H.Neale on - - , 2024.
G
Filed with the Secretary to the Special Magistrate on / 2 , 2024 by 1
_. ,2)7,..Z.--e"--.
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 ay of4-fi,`/ 2024 to Respondent,Timothy
Schaus, 3222 Karst Ct,Naples, FL 34112.
Code Enfor ent facial
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No. CEPM20230003893
Timothy Schaus
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, I ►ft yth,A Si 1 Xc on behalf of Timothy Schaus, enters into this Stipulation
and Agreement with Collier County as tb the resolution of Notices of Violation in reference (case) number
dated the 10th day of May 2023.
This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be
heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or
representative attend the Hearing.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for April 5th, 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 Code of Laws and
Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(1), 22-231(15), and 22-231(19), are
accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute
162.
THEREFORE, it is agreed between the parties that the Respondent shall.
1) Pay operational costs in the amount of $111.70 incurred in the prosecution of this case
within 30 days of this hearing.
2) Chemically treat the pool water, killing the algae growth, and maintaining the filtration
system to keep the pool water clean and provide bi-weekly treatments OR chemically treat
the pool water, killing the algae growth, and covering the pool to prevent safety hazards,
insect infestations, and the intrusion of rain water within 60 days of this hearing or a fine of
$250.00 will be imposed for each day the violation continues.
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.
Respondent or Representative (sign) Jonatha use, Investigator
for Thom landimarino, Director
Code Enforcement Division
Respondent or Representative (print) Date
/ y Y
Dat‘
REV 3-29-16
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEV20230007055
GREG BEE and JANE BEE
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on April 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
CL
W
0 1. Respondents, Greg Bee and Jane Bee are the owners of the property located at 560 Webb Rd,
cr Copeland, FL 34137, Folio 01134801909.
o_
o2. Respondents were duly notified of the date of hearing by certified mail and posting and were
w a not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter
aa 2,Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been
cc provided to the Violator as provided for herein, a hearing may be conducted and an order
a o Q rendered even in the absence of the Violator."
o_ oU0
N D 0 3. Respondents have stipulated to the fact that the property is in violation of Collier County
N } Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 to wit inoperable and
N z unregistered recreational vehicle improperly stored on the property.
LO o 0 4. The violation has not been abated as of the date of the public hearing.
Cr y W N
Ct0CJE»
Cn W J O W
? CCooC 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 130-95 to wit inoperable and unregistered recreational vehicle
improperly stored on the 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(May
5,2024).
C. Respondents must abate the violation by obtaining and affixing a current valid license plate
to the vehicle/trailer AND must repair defects so vehicle is immediately operable,OR store
said vehicle within a completely enclosed struction,AND/OR remove offending vehicle from
residentially zoned area within 60(sixty) calendar days of the date of this hearing(June 4,
2024)or a fine of$50.00 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
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 5th day of April,2024,at Naples,Collier County,Florida.
•
.` = COLLIER COUNTY CODE ENFORCEMENT
I,Crystal K.Klnzel,Ciii+ :-t Cr.rts in an�( ColliFt County SPECIAL MAGIST T7
do hearby certify that•: :-. e instrumer s a.ttutrand correct
Br ty y of the u.g r �' �+ '•I ty,Fkt[ida
dlr ,. � Clerk L/
rI �_
Date: neall'AQ
r - •T fi atrick . Neale,Esq.
Executed US,: a} Special Magistrate Patrick H.Neale on 2 024.
Filed with the Secretary to the Special Magistrate on �!/a , , 2024 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 2 /day of p;•I 2024 to Respondents, Greg
Bee and Jane Bee, PO Box 87, Copeland, FL 34137.
Code Enforcement Of ial
6
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No. CEV20230007055
GREG AND JANE BEE
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Cw '/(& L3( 5/Z , on behalf of Greg and Jane Bee, enters into
this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in referenced (case) number
CEV20230007055, dated the 31st day of August, 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 his/her/their 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 April 5th, 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 Code of Laws and Ordinances, Chapter
130, Article III, Section 130-95 and I stipulate to their existence, and that I have been properly notified pursuant to Florida
Statute 162.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of
this hearing.
2) Abate all violations by: obtaining and affixing a current valid license plate to the vehicle/trailer AND must
repair defects so vehicle is immediately operable, OR store said vehicle within a completely enclosed
structure, AND/OR Remove offending vehicle from residentially zoned area within 60 days of this Hearing,
or a fine of$50.00 will be imposed for each day any violation continues.
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.
if - Don«ed e�
Respon• -nt or Representative(sign) Donald Joseph, Investigator
for Thomas landimarino, Director
Code Enforcement Division
C it E' c 4-4-2024
Respondent or Representative (print) Date
Li, /. be/7/
Date
REV 3-29-16
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
Petitioner,
vs. Case No. CEEX20240004732-DAS-V24-020225
FABIOLA MIGUEL INSTR 6560116 OR 6371 PG 1620
RECORDED 6/17/2024 1:49 PM PAGES 2
Respondent. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
/ REC$18.50
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on June 7, 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. Citation number DAS-V24-020225 was issued on May 16, 2024 by Domestic Animal
Services officer, Hope Ress.
•
2. Respondent is charged with violating Collier County Code of Laws and Ordinances, Chapter
14, Article II, Section 14-35(1)(B),to wit running at large, dog named"Yoyi" on
public/private property, 14th offense.
3. Respondent was duly notified of the date of the hearing by certified mail and posting and
Fabiola Miguel was present at the hearing with Emilio Miguel as translator.
4. The Petitioner and Respondent presented evidence and testimony as to the relevant facts and
law in this matter. The Petitioner proved by a preponderance of the substantial competent
evidence that the Respondent was in violation of Collier County Code of Laws and
Ordinances, Chapter 14, Article II, Section 14-35(1)(B), to wit running at large dog named
"Yoyi"on public/private property, 14th offense.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondent is found guilty of violating Collier County Code of Laws and Ordinances, Chapter
14, Article II, Section 14-35(1)(B)to wit running at large, dog named"Yoyi"on public/private
property, 14th offense.
B. Respondent is ordered to pay operational costs in the amount of$50.00 plus an administrative
fee of$7.00 incurred in the prosecution of this case,total amount of$57.00 within thirty(30)
days from the date of this hearing (July 7,2024).
C. Respondent is assessed a civil penalty of$500.00, to be paid within fifteen (15) days of the
date of this hearing(June 22,2024).
D. The Respondent is referred to the Collier County attorney's office for review for possible civil
action to remove the dog Yoyi from the Respondent's possession.
E. The Respondent is also referred to the Collier County Sheriffs Office for review for possible
animal cruelty charges.
•
NE.4ND ORDERED this 7th day of June,2024,at Naples,Collier County,Florida.
Gry,4sl K.Kinzel,Cler ;t C'ts irfand fn(Cdlier County COLLIER COUNTY CODE ENFORCEMENT
do hirhy certi`.=that the ehovCiristruOtent is a true and correct SPECIAL MA I `•TE
aa�t}ic 1 I d in CQB4"r Cour�lodda
By: , ,tr Deputy Clerk /�
Date.,t/ / r,
at is . eale,Esq.
Executed b • Special Magistrate Patrick H.Neale on /4—' , 2024.
Filed with the Secretary to the Special Magistrate on , 2024 by
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at Domestic
Animal Services, 7610 Davis Blvd.,Naples, FL 34104, phone#(239) 252-7387. Any release of lien or
confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be
obtained at this location.
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of
Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of his ORDER OF THE SPECIAL
MAGISTRATE, has been sent by U.S. Mail on this ay of j 2024 to Respondent, Fabiola
Miguel, 5930 Sea Grass LN,Naples, FL 34116.
Code Enforce nt fie'
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CESD20220010237
JOHN A. WURTZ and MAUREEN WURTZ INSTR 6560117 OR 6371 PG 1622
RECORDED 6/17/2024 1:49 PM PAGES 4
Respondents. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on June 7, 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, John A. Wurtz and Maureen Wurtz are the owners of the property located at
6057 Ashford Ln Unit 403,Naples, FL 34110, Folio 77779000306.
2. Respondents were duly notified of the date of hearing by certified mail and posting and were
not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter
2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been
provided to the Violator as provided for herein, a hearing may be conducted and an order
rendered even in the absence of the Violator."
3. Respondents have stipulated to the fact that the property is in violation of Collier County
Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)
and 10.02.06(B)(1)(e)(i)to wit unpermitted interior re-model including but not limited to
plumbing, electrical, and drywall.
4. The violation has not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondents are found guilty of violation of Collier County Land Development Code 04-41, as
amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)to wit
unpermitted interior re-model including but not limited to plumbing, electrical, and drywall.
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 (July
7,2024).
C. Respondents must abate the violation by obtaining all required Collier County Building
Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for
the unpermitted interior remodel including but not limited to plumbing,electrical and
drywall work within 182 (one hundred eighty-two) days of the date of this hearing
(December 6,2024)or a fine of$200.00 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.
::r
DONE AND ORDERED this 7th day of June,2024,at Naples,Collier County,Florida.
�n/xi@Y K.din;sl;Glr;''f^Clams in and fnr Collier County
do h,s IOI •19n+ 1'C rt ahnvgi^Crilo men Flo da a and correct COLLIER COUNTY DE ENFORCEMENT
c,,;Ji*t ine o.Qin Iris Co!;74 pity Clerk SPECIAL M TE
,.date:
atrick H.Neale,Esq. 1
Executed by-r-'j Special Magistrate Patrick H. Neale on - // 24.
Filed with the Secretary to the Special Magistrate on 4,/jl , 2024 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.colIiercountvl1.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 /3/My of �,,� 2024 to Respondents,John A.
Wurtz and Maureen Wurtz, 28095 Castellano Way,Naple , FL 34110.
L
Code Enforcement fficial
7
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs. Case No.CESD20220010237
Maureen and John A Wurtz
Respondent(s),
STIPULATION/AGREEMENT
Before me, the undersigned, Jot. ^/ (7MAAR az.1J U-1107- behalf of Maureen and John A Wurtz
, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CESD20220010237 dated the 5th day of December, 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 06/07/2024; 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). I stipulate to
their existence, and that I have been properly notified pursuant to Florida Statute 162.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ 111.70 incurred in the prosecution of this case within
30 days of this hearing.
2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition
Permit, inspections, and Certificate of Completion/Occupancy for the unpermitted interior re-
model including but not limited to plumbing, electrical and drywall work within 180 days of this
hearing or a fine of$ 200.00 per day will be imposed until the violation is abated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 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. _ U Wy)e__
utivi=&- (44
Resp ndent or Repr sentative (sign) Adam Collier, Investigator II
Thomas landimarino, Director
Code Enforcement Division
si-67)1 .4 M ck u ce e O(p l O`- W
Respondent or Representative (print) (IQ;j Date
REV 3-29-16
Date 02�/
REV 3-29-16
CODE ENFORCEMENT- SPECIAL MAGISTRATE
COLLIER COUNTY,FLORIDA
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs. Case No. CEV202400038R9
AGATHA WENTING and GUILLERMO CABADA INSTR 6563943 OR 6374 PG 1160
RECORDED 6/27/2024 9:04 AM PAGES 3
Respondents. CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$27.00
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came before the Special Magistrate for public hearing on June 7, 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,Agatha Wenting and Guillermo Cabada are the owners of the property located
at 3423 Dorado Way,Naples, FL 34105, Folio 68046600008.
2. Respondents were duly notified of the date of hearing by certified mail and posting and were
not present at the hearing. Pursuant to Collier County Code of Laws and Ordinances, Chapter
2, Article IX, Division 4, Section 2-2029(a)(5), "Where notice of the hearing has been
provided to the Violator as provided for herein, a hearing may be conducted and an order
rendered even in the absence of the Violator."
3. The Petitioner presented substantial competent evidence in the form of testimony and
pictorial evidence that proved by a preponderance of the evidence that the real property of the
Respondents is in violation of the Collier County Code of Laws and Ordinances, Chapter
130, Article III, Sections 130-95 and 130-96(a)to wit boat and inoperable boat trailer
improperly stored on the property.
4. The violation had not been abated as of the date of the public hearing.
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 07-44, as amended,
IT IS HEREBY ORDERED:
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances,
Chapter 130,Article III, Sections 130-95 and 130-96(a)to wit boat and inoperable boat trailer
improperly stored on the 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(July
7,2024).
C. Respondents must abate the violation by repairing inoperable vehicles and affixing a
current valid license plate to each vehicle in violation or park recreation vehicles in the rear
yard or in a completely enclosed structure or remove offending vehicles from residentially
zoned area within 3 business days of the date of this hearing (June 12,2024) or a fine of
$50.00 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
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 7th day of June,2024,at Naples, Collier County,Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL M. RATE
//c..— atri . N al s
9•
Executed b Special Magistrate Patrick H.Neale on ��024.
07
Filed with the Secretary to the Special Magistrate on j/j 3 , 2024 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.colliercountvfl.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,(i0o(cays of the execution of the Order appealed. An appeal shall not be a hearing de novo
but slAIl beiittritec>Ibappellate review of the record created within the original hearing. It is the
I,Crystal t<, n2el A.4s'fftu+tsiklurs t►'x Collier County
do heathy c'A'ra#if i that the.above insttjJinen't is a true and correct
c�yy of the 1 c rt her county,Pima
• Deputy Clerk
By
Dote:
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 /31 y of, /.,16.,, 2024 to Respondents,Agatha
Wenting and Guillermo Cabada, 3423 Dorado Way,Nap s, FL 3410 .
Code Enforcem t Of al