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CEB Liens 07/2011 Co~rer County ~ ~- - -- Growth Management Division Planning & Regulation Code Enforcement DATE: July 1, 2011 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Baker, 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 IMtructions: Please record all documents contained herein as Liens and return the originals interoffice mail to: Jen Baker, Enforcement Supervisor Collier County Code Enforcement Please include a statement of all. reOor(fil'lgfees so thlilt I may. charge the appropriate parties. 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 252-2444. (i) Code Enforcement. 2800 North Horseshoe Dnve . Naples. Flonda 34104 . 239-252-2440 . www.colliergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROSARlON AND IMMACULA SIMEUS, Respondents CESD20 I 00004524 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 27, 2011 after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 4, 201 land furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4651, PG 576, et. seq. on February 10,2011. An Affidavit of Non-Compliance has been tiled with the Board by the Code Enforcement Official on May 31,2011, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondents have not complied with the Order dated February 4,2011 it is hereby ORDERED, that the Respondents, Rosarion and Immacula Simeus pay to Collier County fines in the amount of $5,400 (Order Items 1 & 2) at a rate of $200/day for the period of May 28, 20 II through June 23, 2011(27 days), plus $80.86 operational costs, for a total of$5,480.86. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. 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. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ;)7~ay Of~, 2011 at Collier County, Florida. CODEENF MENTBOARD COL COUN Y, FRIDA / ~tat~ Q: ~.1.1 ;;ttUA ,;aunty of COLLIER I H ERE':1Y CERTIFY THAT thrill a true aIM! " arrect copy ot a aocum~l!t on file In \o"rd Minutes and ~6s'1ft Co~Uer County N'2..,'l'''''~SS~S my 1l~~IlCi_.~..!thlI ~ayot,.~l~~ " ~~.~g~~ ~ - " I,; ,:iJ~ r / /" ----- ~~~~~'.:i;:.... KRISTINE TWENTE lm"''' Notary Public - SIIIt 01 Florldl - . ~. 'j My Comm. Expire. Jun 18.2015 -:'~If .74"~ Commission # EE 87272 ",Of'f\..~'" ,.,,,.,,-' 8o~d~d T~~gh National Notary Ann, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) '""N\... The foregoing instrument was acknowledged before me this l.L day of ,,~ , 2011, by Robert Kaufman, Vice-Chair oftlJe Code Enforcement Board ofC lIier County, Florida, who is _ personally known to me or ~who has produced a Florida Driver's License as identification. 4,.\~jlN' il l:-fA~b NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct co, P,Y of this 0, RDER has b1~ se:';',u. S. Mail to Rosarion and Immacula Simeus, 4970 40'h Street N.E., Naples, FL 34120 this11,Jl'-day of _,~ 2011. -) "', / ,'-." / .....,.-:r.- ,/....-", i r . .,' /<'''''' "",' ~ c.- .\....-- ""("J -~-~_.~ M. Jean RIw~on, ES~. I Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples. Florida 34013 (239) 263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD20 I 00009613 vs. CHARLES H. BARTHOLF, Respondent ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on January 27, 2011, after due notice to Respondent at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on February 4,20 II, 2010 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR 4651, PG 602, et. seq. on February 10,2011. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on May 31, 20 II, which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly, it having been brought to the Board's attention that Respondent has not complied with the Order dated February 4, 2011, it is hereby ORDERED, that the Respondent, Charles H. Bartholfpay to Collier County fines in the amount of $5,400 (Order Items I & 2) at a rate of$200/day for the period of May 28, 2011 through June 23,2011(27 days), plus operational costs of$81.15 for a total of$5,481.15. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. 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. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Z Jl'-;Jay Of~, 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COl-bt RIDA .:ilat~ 01 ;: V It{tuA ,;aunty of COlLlI:.R , HERE~Y CERTIFY THAT thiS Is a true an. ~orrect copy ot a aocument on tHe III 90ard Minutes and,~fACll'Oil, of ColUer County NITo,jeSS my hf'&ando~t~.,~t this ~aayo" ;lcWf~I, < "., .:':: - ~~T E. ~OCK~,'.' LERlfO" F,Q;)",URlS ~ ~~~tU~._ ,. .' y- \ .1, ~~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, )}-\~ay of ~l'l'~'-,~ , 2011, by Robert Kaufinan, Vice-Chair of"j!Je.Code Enforcement Board arC' ier County, Florida, who is _ personally known to me or ~ who has produced a Florida Driver's License as identification. \;> , . "I ;f'>. '\, \.-:d ~t:-\ ..~ L 0t ~ NOTARY PUBLIC My commission expires: ,,~';l;~'I'''''' KRISTINE TWENTE i~'" ~~ Notary Public. State 01 Florida ~, '1 My Comm. EJClli'" Jun 18.2015 ..'" ~. Commi.sion # EE 87272 ....1' ,," ,.:r,.'ffl~'~' \' Bonded Thfough National Notary Assn. ERTlFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles H. Bartholf, 5991 Westport Lane, Naples, FloriQa 34116 and to Douglas Rankin, Esq.,2335 Tamiami Trail N., Ste. 308, NaPles'Florida34116this:)f1'<faYOf__~"~i07"', 7 1/1 G~~ M, Jean ~Sq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste. 208 Naples, Florida 34013 (239) 263-8206 Co leT County ~ ~ --- - Growth Management Division Planning & Regulation Code Enforcement DATE: July 12, 2011 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Baker, Code Enforcement RE: Special Magistrate Orders Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Liens and return the originals interoffice mail to: Jen Baker, Enforcement Supervisor Collier County Code Enforcement CDES Building Please include a statement of all recording fees so that I may charge the appropriate parties. 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 252-2444. Ii' ~ Code Enforcement. 2800 North Horseshoe Drive' Naples. Florrda 34'04 . 239.252.2440 . www.colllergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -CESD20I000049I3 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. SERGIO G, SALINAS AND PATRICIA SALINAS, Respondents, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 1,2011, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On May 3, 2011, Respondent was found guilty of violation of Florida Building Code, 2007 Edition, Chapter I Permits, Section 105.1 and Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 lea) and Section 1O.02.06(B)(1)(e)(i) for a pool that never received Certiticate of Completion and three unpermitted structures (two sheds and one BBQ pit), which violation occurred on the property located at 2756 47th Street SW, Naples, FL Folio #35993680007 (Legal Description: GOLDEN GATE UNIT 3 BLK 94 LOT 4). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 3, 2011, or a tine of $100.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4681, PG 2190). 3. Operational costs 01'$112.73 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $100.00 per day are assessed against Respondent for 28 days for the period from June 4, 20 II to July I, 2011 for a total amount of tines of $2,800.00. C. Respondent shall pay the previously assessed operational costs 01'$112.73. D. Respondent is ordered to pay fines and costs in the total amount of $2.912,73 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The daily fine of $100.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this llday of . \.l \'" ,2011 at Collier County, Florida. Stat" 0: fi.,;I'I:IOII. ~ .;cumy ot COLLH:,R I HERE'ilY CEftTwv::ffi1it~i"S a truuM ~orrect Cop~,iWa aocurn81lJ ~ me In 90ard Minutes aJl~R_aS.~Co<<ler CountJ W1T"IESS'mY nano anQ ~1JjJl...1 thtlI .J.$~oa,o' q-~ l'i~~iJt ~~('K...C.':J:.o....'Jtl'..'.<Of:. ca... URTI ., inQ./v. '. . ';"'~'~H ' . .-':...~ ,_.. ~'~Gc;. r_ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ~RR~ v . ... 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, fax # (239) 252- 2343. 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 an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent -Sergio G. Salinas and Patricia Salinas Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No, -CEROW20090015230 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, ESTATE OF ALAN D, MONTGOMERY, Respondent, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 1,2011, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On May 3, 2011, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110.31 (a) for several trees that were planted in the right of way with no permit, which violation occurred on the property located at 5133 20th Court SW, Naples, FL Folio #36239560000 (Legal Description: GOLDEN GATE UNIT 5 BLK 165 LOT 18). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 3, 2011, or a fine of $200.00 per day would be assessed for each day the violations continue thereafter until abatement is contirmed. (A copy of the Order is recorded at OR 4681, PG 2188). 3. Operational costs of $112.29 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re.hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $200.00 per day are assessed against Respondent for 28 days for the period from June 4, 2011 to July 1, 20 II for a total amount of fines of $5,600.00. C. Respondent shall pay the previously assessed operational costs of $112.29. D. Respondent is ordered to pay tines and costs in the total amount of $5.712,29 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The daily fine of $200.00 shall continue to accrue until abatement has been confirmed by a Collier County Codc Enforcement Investigator. DONE AND ORDERED this .Is+- day Of~' 2011 at Collier County, Florida, $tat~ at ~ Ll;t1iUA ,:Ou nt}' of COlliER I. HERf9Y CERTIFY TH~T.~ia Is a true.", JrreCl cooy 01 a q~rillil1l'i~m. in ,,,dfd "'nHles 4iioRll:oros\)f~UierCoonl.J "TI\l.E;'5 ",v nlln9_nci,offfli:laf. ... thfa t~ay or\t:Ul"-{ ,2. C I.~ . "". ~. -~ -'-," ~.E' BR~j~~:&. ~il~~~O.:~:9bU jRTI /' ,-,J . - ~~Qq~~4 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ~~d ENDA c. GARRETSON ... PAYMENT OF FINES: Any tines ordcred to be paid pursuant to this order may be paid at the Collier County Code Enforcement Departmcnt, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252.2343. 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 revicw of the record crcated within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record ofthe hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent -Estate of Alan D. Montgomery Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No, -CEPM20100018182 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, MT AG CUST FOR PINE ASSET MGMT Respondent, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July I, 20 II, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On January 14, 2011, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section(s) 22-231 (12)(g), 22.231 (12)(i), 22-231 (12)(1),22.243,22.231 (12)(b), 22- 242(b), and 22-231 (12)(d), for multiple property maintenance violations consisting of but not limited to: mold throughout exterior of mobile home, porch and stairs rotting, broken windows, boarded doors ctc., which violation occurred on thc property located at 237 McBeth Way, Naples, FL Folio #1132320000 (Legal Description: 135229 COMM El/4 CNR OF SEC 13, N68 DEG W987.57FT SAID CNR BEING PL OF EDG OF S.837. ALSO PL OF BEG OF 50FT WIDE ). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before January 28, 2011, or a fine of $250.00 per day would bc assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4647, PG 3266). 3. Operational costs 01'$112.82 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to tbe Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07.44 has becn timely filed. 6. The violation has been abated as of March 17, 2011. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $250.00 per day are assessed against Respondent for 48 days for the period from January 29, 2011 to March 17, 2011 for a total amount of fines of$12,000.00. C. Respondent shall pay the previously assessed operational costs of $112.82. D. Respondent shall pay the costs of abatement incurred by the county in the amount of $4,390.00. E, Respondent is ordered to pay fines and costs in the total amount of $16.502,82 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this k-I- day of Stat" O' f I.' ;"<IUII. .;cuntyof COLLU:.'R I HERE<:IY CERTIFY THAT this Is a true aM . ument on tile In ~orrect copy ot a ao~. eotl:i\lit. C'...!:llef CountJ 90ard Minutes aJld, e .~ ''^'~'I this Nn''''fSS mv na~ and. OtflJ.~.\ '~~.. l~ay 0' .:"..J"'l"-\2.!~, '.~. ~,.~~.L:u~~.~>~~ __ . ,'ift:... . . ,'.I? ,-- J,' :. ~~~ I',: ;,.. ...~' J II \,_, 2011 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE /"~RR~'~y1 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, fax # (239) 252- 2343. Any release of lien or confinnation 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 an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent -MT AG Cust for Pine Asset Mgmt Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No, -CEPM20IO0018515 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, ELEANOR BUCHANAN Respondent, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 1,2011, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On March 4, 2011, Respondent was found guilty of violation of Code of Laws and Ordinances, Chapter 22, Article VI Section 22.236(2)(5), dangerous building, for a roof caving and in a very poor state with numerous property maintenance violations, structure is open to the elements, which violation occurred on the property located at 238 Old Train Lane, Naples, FL Folio #1134801501 (Legal Description: 13 52 29 UNREC PAR 23 DESC AS:COMM AT E 1/4 CNR SEC 13 N 68 DEG W 987.57FT, S 42 DEG W 37FT, S 01 DEG W 318.21 FT ). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 11, 20 II, or a fine of $250.00 per day would be assessed for each day the violations continue thereafter until abatement is continned. (A copy of the Order is recorded at OR 4671, PG 2329). 3. Operational costs of$112.47 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07.44 has been timely filed. 6. The violation has been abated as of April 21, 2011. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily tines of $250.00 per day are assessed against Respondent for 41 days for the period from March 12,2011 to April 21, 2011 for a total amount of fines 01'$10,250.00. C. Respondent shall pay the previously assessed operational costs of$112.47. D. Respondent shall pay the costs of abatement incurred by the county in the amount of $3,847.00. E. Respondent is ordered to pay tines and costs in the total amount of $14.209.47 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this kday of (JU '\ ,2011 at Collier County, Florida. Stat" 0: f l.' irtll.ill. Aunty of cOLLlI:.'R I HERmy CERTIFY THAT th~ Is a true aM ~orrect coDy of a aoc:umllnt on fHe In 90ard Minutes and RecOl'O'S.,ot CoUler Count) NI~~S l:llV h.aoCl .no ~ ..., thla J?~~, of .<.:pol~ ~LI ~~b: COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ~~~ ... 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, fax # (239) 252- 2343. 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 trom the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent -Eleanor Buchanan Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No, -CEPM20100009663 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, NEAL SWEENEY AND MARY SWEENEY Respondents, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate f(lr public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 1, 2011, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT I. On February 4, 20 II, Respondent was found guilty of violation of Code of Laws and Ordinances, Chapter 22 Article VI Property Maintenance Code, Section 22-231 (15) for unmaintained pool water, dark in color, which violation occurred on the property located at 1319 Barnstable Court, Naples, FL Folio #24791001983 (Legal Description: BRITTANY PLACE PHASE 2 LOT 86 NKA BRITTANY PLACE (HO) LOT 86). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before February 11, 2011, or a tine of $250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4654, PG 2477). 3. Operational costs of $120.08 incurred hy the County in the prosecution of this case have been paid. 4. Abatement costs of $624.00 incurred by the County have been paid. 5. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 6. No Request for Re-hearing or Appeal pursuant to Ordinance 07 -44 has been timely filed. 7. The violation has been abated as of March 25, 2011. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily tines of $250.00 per day are assessed against Respondent for 42 days for the period from February 12,2011 to March 25,2011 for a total amount of fines of $10,500.00. C. Respondent is ordered to pay tines in the total amount of $10,500,00 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this 6 Tday of Jv \.~ \ , 20 II at Collier County, Florida, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ~~ ENDA C, GARRETSON PAYMENT OF FINES: Any tines 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, fax # (239) 252- 2343. Any release of lien or contirmation 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 tinal 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 ti-om the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: StaT~ 0: ~ L.' .."IUA Respondent -Neal Sweeney and Mary Sweeney .~unty of cOLLlt:."H ',> .'.'~,.. . ,,' Collier Co. Code Enforcement Dept. I H ERErilY CERTIFY TH"'~th..~~fr~ ~,;,. ~orrect CODY ot a OOcuIlWnt911 fUe In " Soard Minutes aJld Reearos Of CoWer Cou,* lilT... fSS ITlY hano and 1omeiaI_.thta '. J~'aay 0' J0l'-{ 1f.€:JU . ,'''' ",' ,. 'J- '. ,:\. ~~ _. EE.. B BRROOCiCiKK" 'MR~ OF CClUR1'l ~ ~~~ft. .. ... COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No, -CEPM20100005779 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS, TERRY DILOZIR Respondent, / ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate t'lf public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on July 1,2011, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On October 15, 2010, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI Section 22-231(15), Chapter 22 Article 11, Section 22-26 and the Florida Building Code Chapter 4, Section 424.2.17.1 for a private dwelling swimming pool with stagnant green water without a proper pool barrier, which violation occurred on the property located at 5322 Catts Street, Naples, FL Folio #62093680006 (Legal Description: NAPLES MANOR ADD BLK 6 LOT 6) 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before October 22, 20 I 0, or a fine of $250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4621, PG 2399). 3. Operational costs 01'$112.73 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely tiled. 6. The violation has been abated as of April 29, 2011. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is granted. B. Daily fines of $250.00 per day are assessed against Respondent for 189 days for the period from October 23, 2010 to April 29, 2011 for a total amount of fines of $47,250.00. C. Respondent shall pay the previously assessed operational costs 01'$112.73. D. Respondent shall pay the costs of abatement incurred by the county in the amount of $2,225.00. E. Respondent is ordered to pay tines and costs in the total amount of $49.587,73 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this ~day Of~' 2011 at Collier County, Florida, Stat.. 01 F U lkllill. Aunt)' of COWt:R I HERE9Y CERtiFY TH"r ~is Is. true.. ~orrect copy ot a QQClImem,OfI.me 1ft 90ard Minutes and R~as ot~ CoGfltt NITo.lESS mv nanoll!l4.\)tflelal-' thla ' I~ aay 01 ;#0~~ 'UJ Lt.., ; ~I?"'r E. 8Ro<:~' ~RK Oflcdum. ~ . ^ 0 0.--!J -J- ~_\~~~~A.~ /...~~RRE~ .... .10. '.~.' ' COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 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, fax # (239) 252- 2343. 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 horn the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent -Terry Dilozir Collier Co. Code Enforcement Dept.