Loading...
09/2025 CODE ENFORCEMENT- SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. Case No. CEPM20240009212 PACIFICA NAPLES LLC Respondent. AMENDED ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on June 6,2025,and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues his Findings of Fact, Conclusions of Law and Order of the Special Magistrate, as follows: FINDINGS OF FACT and CONCLUSIONS OF LAW 1. Respondent, Pacifica Naples LLC is the owner of the property located at 4200 Washington LN, Unit 106, Naples, FL 34116, Folio 35830040001. 2. On January 10,2025 owner was found guilty of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(i),22-231(12)(p) and 22- 231(19), to wit inoperable air conditioning, damages to the ceiling, linoleum, rotting wood on the door frame,front door not weather tight, and the appearance of microbial growth in the master bathroom vanity and bathtub. 3. An initial Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 9, 2025 (Order)or a fine of$100.00 per day would be assessed for any violation that continues thereafter until abatement is confirmed.The Order is recorded at Collier County Records, OR 6435 PG 3289. On April 4,2025, and May 2,2025, the Special Magistrate granted Continuances. 4. The violation has been abated as of May 8, 2025. 5. Previously assessed operational costs of$111.70, $111.80 and $111.95 have not been paid. 6. Respondent was duly noticed for the public hearing regarding the County's Motion and Gary Carman, attorney was present at the public hearing. 7. The Order recorded at OR 6488,Page 3107 on July 15,2025 for the June 6,2025, Special Magistrate hearing for this matter contained a scrivener's error. This order is INSTR 6729015 OR 6507 PG 216 RECORDED 9/11/2025 3:26 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER COLLIER COUNTY FLORIDA REC$27.00 being recorded to correct the scrivener/s error. 8. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44, as amended, has been filed. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 07-44, as amended, IT IS HEREBY ORDERED: A. The Order recorded at OR 6488,Page 3107 is hereby declared null and void.The Order so recorded is to be substituted by this Order. B. Petitioner's Motion for Imposition of Fines/Liens is GRANTED. C. 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. D. Part A. Fines have accrued at a rate of$100.00 per day for the period from February 10, 2025, to May 8,2025,(88 days) for a total fine amount of$8,800.00. E. Part B. Fines have accrued at a rate of$150.00 per day for the period from March 12, 2025, to May 8, 2025,(58 days)for a total fine amount of 8,700.00. F. Respondent is ordered to pay previously Assessed Operational Costs of$111.70, $111.80 and $111.95,totaling$335.45 within 30 days of this hearing(July 6, 2025). G. Respondent is ordered to pay today's Operational Costs of$112.10 within 30 days of this hearing(July 6,2025). H. The total amount due within 30 days of this hearing (August 31,2025)is$17,947.55. DOME°ANs1D•QRDERED this 1st day of August 2025, at Naples, Collier County,Florida. I,Crystal K.KinzCl,'ClerkCnur3lnand'1y[Col gif lig7County COLLIER COUNTY CODE ENFORCEMENT do Nearby certify 0 t the" ihstrufientAa true and correct SPECIAL MAG 1 STRATE copy of the on inglIgd' ea.:, _ • Deputy Cleric Date: t • (� 4.4 . S3N`� Patric 11. Neale,Esq. / Executed by: .� _. - Special Magistrate Patrick H. Neale on 2025. Filed with the Secretary to the Special Magistrate on GJ/i 0 _. 2025 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‘N v, .colliercountrl1.tw . 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 o 025 to Respondent, Pacifica Naples LLC,ATTN: MF Dept, 1775 Hancock St Suite 2 , San Di g CA 92110. Code Enfor ent ficial