CESM 08/17/2011 - Orders
Co~er County
......... ~...........
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Growth Management Division
Planning & Regulation
Code Enforcement
DATE:
August 17, 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 Orders 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.
~
\V
Code Enforcement. 2800 North Horseshoe Drive' Naples, Florida 34104 . 239-252-2440 . www.colliergov.net
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CEPM20100003914
/
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
SIEGFRIED F ASCHER AND
IRENE G. F ASCHER RIF TRUST UTD 9/24/93,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having considered Respondents' Motion for Continuance and being duly advised
in the premises, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special
Magistrate, as follows:
FINDINGS OF FACT
1. Respondent is charged with violation of Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Sections 22-234(3), 22-231 (12)(b) and 22-231 (19), in the following particulars:
Single family residence has been declared a dangerous building by Collier County. Dwelling has
several property maintenance violations to include but not limited to: infestation, paint chipping,
rotted wood and structural supports missing. Accessory structure also declared dangerous.
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 07-44, it is hereby ORDERED:
A. The Respondent's Motion for Continuance of this case is granted.
B. All parties shall be re-noticed for a subsequent hearing date.
DONE AND ORDERED this ~ay or ~ 2011 at Collier County, .lorida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
cc: Respondents - Siegfried and Irene G. Fascher RIF Trust UTD 9/24/93
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -PU4730-CEEX20110009481
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
SANTA BARBARA LANDINGS
PROPERTY OWNERS ASSN INC,
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having considered Respondents' Motion for Continuance and being duly advised
in the premises, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special
Magistrate, as follows:
FINDINGS OF FACT
1. Respondent is charged with violation of Collier County Ordinance 2005-44, Section 9(4), in the
following particulars:
Putrescible waste on ground consisting of but not limited to: used diapers, food, cardboard, glass,
plastic, soiled underclothing, wood, toilets, TV's, and other furniture, etc.
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes,
and Collier County Ordinance No. 07-44, it is hereby ORDERED:
A. The Respondent's Motion for Continuance of this case is denied.
B. Respondent is found guilty of violating Collier County Ordinance 2005-44, Section9 (4).
C. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the
amount of $50.00.
D. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the
amount of $5.00.
E. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in
the amount of $25,000.00.
F. Respondent is ordered to pay in total $25,055.00 on or before September 5,2011.
DONE AND ORDERED this ~day or ~ 2011 at CoUier Connty, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
~~~
cc: Respondents - Santa Barbara Landings Property Owners Assn Inc.
Collier Co. Code Enforcement Dept.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CEV20110008138
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
JOSE GARCIA GONZALEZ AND
MARIA CORZO,
Respondents.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondents, Jose Garcia Gonzalez and Maria Corzo, are the owners of the subject property.
2. Respondents were notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondents, having been duly notified, appeared at the hearing and entered into a stipulation.
4. The real property located at 2912 44th Street SW, Naples, Florida, Folio #36560240002 (Legal
Description: GOLDEN GATE UNIT 8 PART 2 BLK 280 LOT 3), is in violation of Collier
County Land Development Code 04-41, as amended, Section 4.05.03, in the following
particulars:
Red Kia parked on the lawn.
5. 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, it is hereby
ORDERED:
A. Respondents are found guilty of violation of Collier County Land Development Code 04-41, as
amended, Section 4.05.03.
B. Respondents must abate the violation by moving any and all vehicles from the frontlrear yard of
the property and park them on the designated parking area of the property as outlined in the
Collier County Land Development Code on or before August 8, 2011 or a fine of $50.00 per
day will be imposed for each day the violation remains thereafter.
C. If Respondents fail to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriff s Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Operational costs for the prosecution of this case in the amount of $112.29 were assessed, but
have been paid as of the date of the hearing.
E. Respondents shall notify the Code Enforcement Investigator, Carmelo Gomez, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this ~daY or ~. ,2011 at Collier Connty, Florida.
(I'
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
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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(s) - Jose Garcia Gonzalez and Maria Corzo,
Collier Co. Code Enforcement Dept.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
t\ \0 t
Petitioner,
vs.
Case No. CEV 20110008138
JOSE GARCIA GONZALEZ & MARIA CORZO
Respondent(s),
/J~TIPULArI9N/AGREEMENT
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COMES NOW, the undersigned, , on behalf of himself or as representative for Respondent and
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CEV 20110008183 dated the 20TH day of Oct., 2010_.
In consideration of the disposition an.~:7,olution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for Y'/~ /Ito 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 accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
,
1) Pay operational costs in the amount of $114....t.~ncurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Respondent is to move any and all vehicles from the front/rear yard of the property
and park them on the designated parking area of the property as outlined in the
Collier County Land Development Code, within three days of this order or pay a fine
of $50.00 a day that this violation remains unabated.
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 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.
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Respondent or Representative (sign)
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Code Enforcement Department
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CEV20ll000729l
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
RICHARD LARICHE JR AND
VALERIE L. LARICHE ,
Respondents.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondents, Richard Lariche Jr and Valerie L. Lariche, are the owners of the subject property.
2. Respondents were notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondents, having been duly notified, appeared at the hearing.
4. The real property located at 4438 23rd Place SW, Naples, Florida, Folio #35647920000 (Legal
Description: GOLDEN GATE UNIT 1 BLK 13 LOT 5), is in violation of Collier County Code
of Laws and Ordinances, Article III, Chapter 130, Section 130-97(3), in the following
particulars:
Recurring violation of commercial vehicles and equipment parked in the rear of the property that
is not concealed from the view of neighboring properties.
5. The violation has not been abated as of the date of the public hearing.
I
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, it is hereby
ORDERED:
A. The Special Magistrate has continued this case until September 2,2011.
B. All parties shall be re-noticed for the subsequent hearing.
DONE AND ORDERED this ~daY or ~ 2011 at ColDer County, Florida.
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s) - Richard Lariche Jr and Valerie L. Lariche,
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20ll0004390
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
WILMER ESPINAL,
Respondent.
. 1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondent, Wilmer Espinal, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, did not appear at the hearing.
4. The real property located at 5845 Everglades Blvd N., Naples, Florida, Folio#38850200006
(Legal Description: GOLDEN GATE EST UNIT 42 N 150FT OF TR 115), is in violation of
Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(l)( a), in the
following particulars:
Structure located in the rear property area without Collier County Building Permits.
5. 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, it is hereby
ORDERED:
..
A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, as
amended, Section 1 0.02.06(B)( 1 )(a).
B. Respondent must abate the violation by obtaining all required Collier County Building Permits or
Demolition Permits, inspections, and Certificate of Completion/Occupancy on or before
September 5,2011 or a fine of $100.00 per day will be imposed for each day the violation
remains thereafter.
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.56 on or before September 5, 2011.
E. Respondent shall notify the Code Enforcement Investigator, Tony Asaro, within 24 hours of
abatement or compliance so that a final insp.ection may be performed to confirm compliance.
DONE AND ORDERED this ~d'Y or * 2011 at Collier County, Florid..
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc:
Respondent( s) - Wilmer Espinal
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20l00020l07
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
O'NEILL PARTNERS LLC,
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondent, O'Neill Partners LLC, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, appeared at the hearing and entered into a stipulation.
4. The real property located at 5000 24th Avenue SW, Naples, Florida, Folio #36110200007 (Legal
Description: GOLDEN GATE UNIT 4 BLK 116 LOT 3), is in violation of Collier County Land
Development Code, as amended, Section 10.02.06(B)(1)(a), in the following particulars:
Garages in duplex have been converted to efficiencies,
adding plumbing and electric without permits.
5. 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, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code, as amended,
Section 1O.02.06(B)( 1 )(a).
B. Respondent must abate the violation by obtaining a Collier County Building Permit or Demolition
Permit, inspections and Certificate of Completion or before December 5, 2011 or a fine of
$200.00 per day will be imposed for each day the violation remains thereafter.
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Operational costs for the prosecution of this case in the amount of $112.56 were assessed, but
have been paid as of the date of the hearing.
E. Respondent shall notify the Code Enforcement Investigator, Renald Paul, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this ~y or ~ 2011 at Collier Connty, Florida.
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s) - O'Neill Partners LLC,
Collier Co. Code Enforcement Dept.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Q)
(5)
Petitioner,
vs.
Case No. CESD20 1 00020 107
O'Neill Partners LLC
Respondent(s),
STIPULATION/AGREEMENT
:ro~pph 0 ''''i' /1
COMES NOW, the undersigned, , on behalf of himself or O'Neill Partners LLC as representative for
Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices
of Violation in reference (case) number CESD20100020107 dated the 15th day of November, 2010.
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 ; 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 accurate and I stipulate to their existence.
Garages in duplexes have been converted to efficiencies, adding plumbing and electrical without permits.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $11 lSb incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by:
Respondent is to obtain Collier County Building Permit or demolition permit, inspections and certificate
of completion within 120 days of this hearing or pay a fine of $200.00 a day for each day the violation
remains unabated.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigatoq)erform a site inspection to confirm compliance.
(24 hours notice s~~1I 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 mustr made on the next day that is not a Saturday, Sunday or legal holiday,)
4) That if t~ Respondent fails to abate the violation the County may abate the violation and may use the
assistance of the Collier County Sheriff's Office to enforce t rovisions of this agreement and all
costs ofaba ment shall be assessed to the property owner.
ndent or Representative (sign)
~or
-
Diane Flagg, Director
Code Enforcement Department
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Respondent or Representative (print)
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Date
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Date
REV 1/5/11
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20l000098l9
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
RPISIX DEVELOPMENT LLC,
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondent, RPISix Development LLC, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondent, having been duly notified, appeared at the hearing and entered into a stipulation.
4. The real property located at 4176 Mercantile Avenue, Naples, Florida, Folio #276360008 (Legal
Description: 364925 W 180FT OF N1I2 OF N 658.6FT OF S 2005.8FT OF E1I2 OF W1I2 OF
W1I2 OF NE1I4), is in violation of Collier County Code of Laws, Chapter 22 Buildings and
Building Regulations, Article II Florida Building Code, Adoption and Amendment of the Florida
Building Code, Section 22-26(b) (104.5 .1.4.4), in the following particulars:
Abandoned or suspended permit #2010071280.
5. 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, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Code of Laws, Chapter 22 Buildings
and Building Regulations, Article II Florida Building Code, Adoption and Amendment of the
Florida Building Code, Section 22-26(b) (104.5.1.4.4).
B. Respondent must abate the violation by obtaining all required Collier County Building or
Demolition Permits, inspections, and Certificate of Completion/Occupancy or before September
5, 2011 or a fine of $100.00 per day will be imposed for each day the violation remains
thereafter.
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.29 on or before September 5, 2011.
E. Respondent shall notify the Code Enforcement Investigator, Heinz Box, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this ~ay or ~, 2011 at Collier Connty, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
~s~
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(s) - RPISix Development LLC,
Collier Co. Code Enforcement Dept.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
if It}
()
Petitioner,
vs.
Case No. CESD20100009819
Respondent( s),
RIP Six Development LLC
STIPULA TION/AGREEMENT
COMES NOW, the undersigned, RIP Six Development LLC 2'~"C\ct.G.~t.On behalf of himself or ~~b as
representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the
resolution of Notices of Violation in reference (case) number CESD2010009819 dated the 26th day of July,
2010_.
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 8/5/11; 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 accurate and I stipulate to their existence.
Abandoned or suspended permit # 2010071280
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $112.29 incurred in the prosecution of this case within 30
days of this hearing.
Abate all violations by: Obtaining all required Collier County Building Permit(s) or
Demolition Permit, inspections, and Certificate of Completion/Occupancy within 30
days of this hearing or a fine of $100.00 per day will be imposed until the violation is
abated.
2) 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,)
That if the Respondent fails to abate the violation the County may abate the violation 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.
PO;/}
f2,CJ./ARJ::> (A))OOAJ JIL-
Respondent or Representative (print)
REV 1/5/11
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20l0000476l
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
~LNERFRANCOISAND
SANDY ST. FLEUR,
Respondents.
/
ORDER OF THE SPECIAL MAGISTRATE
IMPOSING FINESILIENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on August 5, 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 Florida Building Code 2007
Edition, Chapter 1 Permits, Section 105.1, Collier County Land Development Code 04-41, as
amended, Section 1 0.02.06(B)( 1 )(a) for a PVC fence around pool that never received a certificate
of completion, which violation occurred on the property located at 2700 44th Street SW, Naples,
FL Folio #36560840004 (Legal Description: GOLDEN GATE UNIT 8 PART 2 BLK 281 LOT
3)
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before April 4, 2011, or a fine 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 4671,
PG 2323).
3. Operational costs of $112.47 incurred by the County in the prosecution of this case have been
paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,
appeared at the public hearing and presented mitigating circumstances affecting compliance,
though 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 June 6,2011.
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 denied based on the mitigating circumstances
presented by Respondent and no accrued fines are imposed.
DONE AND ORDERED this ~y or ~ 2011 at Collier Connty, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
~A~
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 -Wilner Francois and Sandy St. Fleur
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20l00002960
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
LEOBARDO GUTIERREZ AND
MARITZA GUTIERREZ,
Respondents.
1
ORDER OF THE SPECIAL MAGISTRATE
IMPOSING FINESILIENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of FineslLiens on August 5, 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 June 3, 2011, Respondent was found guilty of violation of Florida Building Code, 2007
Edition, Chapter 1 Permits, Section 105.1 for corrals erected without Collier County Building
Permits, which violation occurred on the property located at 1815 47th Avenue NE, Naples, FL
Folio #39655120005 (Legal Description: GOLDEN GATE EST UNIT 60 W 180FT OF TR 49)
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before July 2, 2011, or a fine 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 4694,
PG 399).
3. Operational costs of $112.38 incurred by the County in the prosecution of this case have been
paid.
4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,
appeared at the public hearing and presented mitigating circumstances affecting compliance
though 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. The Special Magistrate continued the case until September 2, 2011, and the fines are stayed.
B. All parties shall be re-noticed for the subsequent hearing.
DONE AND ORDERED this ~ day of
~ 2011 at Collier Connty, Florida.
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent -Leobardo and Maritza Gutierrez
Collier Co. Code Enforcement Dept.
Sta~ or H.1.iRlDA
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CESD20l0000lSl6
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
GERALD DIPASQUALE,
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondent, Gerald Dipasquale, is the owner of the subject property.
2. Respondent was notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3.
Respondent, having been duly notified, appeared at the hearing and entered into a stipulation.
--
4. The real property located at 40256200 Avenue NE, Naples, Florida, Folio #38722840002 (Legal
Description: GOLDEN GATE EST UNIT 40 W 105FT OF TR 40), is in violation of Collier
County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a), in the following
particulars:
Wood deck constructed without first obtaining a Collier County Building Permit.
5. 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, it is hereby
ORDERED:
A. Respondent is found guilty of violation of Collier County Land Development Code, as amended,
Section 1O.02.06(B)(1 )(a).
B. Respondent must abate the violation by obtaining all required Collier County Building or
Demolition Pennits, inspections, and Certificate of Completion/Occupancy or before September
5, 2011 or a fine of $100.00 per day will be imposed for each day the violation remains
thereafter.
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of
$112.56 on or before September 5, 2011.
E. Respondent shall notify the Code Enforcement Investigator, Tony Asaro, within 24 hours of
abatement or compliance so that a final inspection may be perfonned to confinn compliance.
DONE AND ORDERED this ~day or ~, 2011 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
~G~
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 confinnation 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(s) - Gerald Dipasquale,
Collier Co. Code Enforcement Dept.
~\ S- f3
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No.CESD20100001516
Gerald Dipasquale
Respondent( s),
STIPULATION/AGREEMENT
6~o..\6
COMES NOW, the undersigned.r>~~"f~d~ on behalf of himself or as representative for Respondent and
enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in
reference (case) number CESD20100001516 dated the 22nd day of April 2011.
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 8. 5, \ \ ; 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 accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $111..5'" incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by: Applying for and obtaining Collier County Building Permit(s} or a Collier
County Demolition Permit, request all required inspections through the issuance of a Certificate
of Completion within 30 days of this hearing or a fine of $100.00 per day will be imposed for
each day the violation remains.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investiaator 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 lhat is not a Saturday, Sunday or legal holiday.)
4) That if the Respondent fails to abate the violation the County may abate the violation 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.
~/C,.e[,(}
Respondent or Represent
/ \".., ,
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.k( Diane Fla ,Director
Code Enforcement Department
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Date
REV 1/5111
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CEPM20110006480
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
SHADI OF NAPLES INC
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on before the Special Magistrate upon Respondent's Motion for Extension of
Time to Comply, and the Special Magistrate, having reviewed the Motion, all associated documents and
heard argument respective to all appropriate matters, issues the following Order:
FINDINGS OF FACT
1. On July 1, 2011, Respondent was found guilty of violation of Collier County Code of Laws and
Ordinances, Property Maintenance Code 2004-58 Section 12 for a structure damaged in an
accidentlfire that caused an inspection to be performed by a certified building inspector. The
structure was inspected and subsequently declared to be a dangerous building, which violations
occurred on the property located at 521 South First Street, Immokalee, Florida, Folio
#135480003 (Legal Description: 94729 COMM AT NE CNR SEC 9 S 301.92FT, N89DEG W
50FT TO POB, S 158.44FT, N89DEG W 617.01FT, N 133.23FT, S89DEG E).
2. An Order was entered by the Special Magistrate ordering Respondents to correct the violation on
or before August 1, 2011 or a fine of $250.00 per day would be assessed for each day the
violations continued thereafter until abatement has been confirmed. (A copy of the Order is
recorded at OR 4702, PG 184).
3. On July 21,2011 Respondent filed a RequestIMotion for Extension of Time to Comply which is
attached hereto as Exhibit A.
4. The operational costs of$112.38 have been paid.
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes,
and Collier County Ordinance No. 07-44, it is hereby ORDERED:
A. Respondents' Request/Motion for Extension of Time to Comply is granted.
B. The time for which Respondent is to comply has been extended for sixty days.
C. No fines shall accrue during the extension period.
DONE AND ORDERED this ~ day ur ~ 2011 at Collier Connty, Florida.
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc:
Respondent - Shadi of Naples Inc.
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CEPM20110004402
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
JUDITH HARBRECHT HILL TR AND
WILLIAM P. HILL TR UTD 10/8/96,
Respondents.
1
ORDER OF THE SPECIAL MAGISTRATE
THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 2011, and
the Special Magistrate, having heard testimony under oath, received evidence and 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. Respondents, Judith Harbrecht Hill TR and William P. Hill TR UTD 10/8/96, are the owners of
the subject property.
2. Respondents were notified of the date of hearing by certified mail and posting and the Special
Magistrate has jurisdiction of this matter.
3. Respondents, having been duly notified, appeared at the hearing.
4. The real property located at 451 Torrey Pines Point, Naples, Florida, Folio #55402400004 (Legal
Description: LEL Y COUNTRY CLUB TORREY PINES LOT 60), is in violation of Collier
County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI
Property Maintenance Code, Section 22-231 (12)(b) and (c), in the following particulars:
Right side of the house near the front has a rotted out area in the gutter board and surrounding
area that is between two and three feet in length, allowing access directly into the attic.
5. 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, it is hereby
ORDERED:
A. Respondents are found guilty of violation of Collier County Code of Laws and Ordinances
Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code, Section
22-231 (l2)(b) and (c).
B. Respondents must abate the violation by repairing or replacing any parts of the roof system
including but not limited to: roof coverings, plywood, rafterltruss tails, soffit, fascia, metal drip
edge and any other components damaged by the intrusion of water or moisture and protect all
exterior wood surfaces, other than decay-resistant woods, in repaired areas by painting or other
protective covering according to manufacturer's specifications on or before September 5, 2011
or a fine of $100.00 per day will be imposed for each day the violation remains thereafter.
C. If Respondents fail to comply with this Order, the Collier County Code Enforcement Department
may abate the violations. If necessary, the County may request the services of the Collier County
Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement
shall be assessed against the property.
D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of
$112.64 on or before September 5, 2011.
E. Respondents shall notify the Code Enforcement Investigator, Jim Kincaid, within 24 hours of
abatement or compliance so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this~day Of~, 2011 at Collier County, Florida.
CO~L{ER 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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent(s) - Judith Harbrecht Hill TR and William P. Hill TR UTD 10/8/96,
Collier Co. Code Enforcement Dept.
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -CENA20l00009616
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
JEAN CLAUDE MARTEL,
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
IMPOSING FINESILIENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines/Liens on August 5, 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 December 3, 2010, Respondent was found guilty of violation of Collier County Code of
Laws, Chapter 54, Article VI, Section 54-181 and 54-179 for a repeat violation of Iitterlderelict
items consisting of but not limited to: chemical jugs, paint cans, wood, broken furniture, plastics,
metals, cloth material, and other miscellaneous items scattered throughout the front yard, which
violation occurred on the property located at 3190 Karen Drive, Naples, FL Folio #61839320000
(Legal Description: N G + T C L F NO 2 23 50 25 COMM NE CNR OF LOT 100, S
337.8FT, W 360FT TO POB, N 139FT, E 60FT, S 139FT, W)
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before December 10, 2010, or a fine of $200.00 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 4637, PG 672).
3. Operational costs of $112.20 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,
appeared at the public hearing and presented mitigating circumstances affecting compliance
though 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. The Special Magistrate continued the case until September 2,2011.
B. All parties shall be re-noticed for the subsequent hearing.
DONE AND ORDERED this ~ day or ~, 2011 at CoUier County, F1urida.
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 from the Clerk of
Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order.
cc: Respondent -Jean Claude Martel
Collier Co. Code Enforcement Dept.
......~."\....
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. -PU4974-CEEX201100088l0
1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Petitioner,
vs.
MAREK HE VIER
Respondent.
1
ORDER OF THE SPECIAL MAGISTRATE
, THIS CAUSE came on for public hearing before the Special Magistrate on August 5, 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. The citation was issued by Collier County Public Utilities Officer, Michael Andresky, and is
being contested by the Respondent, Marek Hevier, who has requested the hearing, was given
proper notice, appeared at the public hearing, and entered into a stipulation.
2. Respondent is charged with violating Collier County Ordinance 1997-73, Section 6.A.6;
cross connection control device had the back leg pulled out of the ground.
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, it is hereby
ORDERED:
A. Respondent is found guilty of violating Collier County Ordinance 1997-73, Section 6.A.6.
B. Operational costs incurred in prosecuting this case in the amount of $50.00 were assessed but
paid as of the date of the hearing.
C. The administrative fee incurred in prosecuting this case in the amount of $5.00 was assessed
but paid as of the date of the hearing.
D. The fine imposed by Collier County Ordinance in this case in the amount of $100.00 was
assessed but paid as of the date of the hearing.
DONE AND ORDERED this ~ay or ~, 2011 at Collier Connty, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
~~~
DAC.GA ON
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-Marek Hevier,
Collier Co. Code Enforcement Dept.
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida, Petitioner
~~
6
Vs.
Officer Michael Andresky
Public Utilities Department
Citation No.: PU 4974 C~~~OI \oooA'y 10
Marek Hevier, Respondent(s)
STIPULATION/AGREEMENT
COMES NOW, the undersigned, !~J ~(/I,c--~ ,on behaW or himseW or
as represE!n ative for espondent and enters into this Stipulation and
Agreement with Collier County as to the resolution of the Citation in reference, Citation No. PU 4974 dated the
24th day of June, 2011.
In consideration of the disposition and resolution of the matters outlined in said Citation for which a hearing is
currently scheduled for August 5, 2011 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
agrees as follows:
1) The violations noted in the referenced Citation are accurate and I stipulate to their existence.
2) The violations are that of Ordinance I Section(s) 1997-33 (6A6) and are described as a cross
connection control device (RPZ) had the back leg pulled out of ground with the device off plumb.
Health, Safety, & Welfare.
THEREFORE, it is agreed between the parties that the Respondent shall;
/.. r iit/
1) Pay operational costs in the amount of $ I ~~ --incurred in the prosecution of this case.
,
Res ondent (1) Signa re
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tY Respondent (1) Printed Name
Respondent (2) Signature
Respondent (2) Printed Name
Representative
~ \ ~ \ l(
Date
REV 7/1/08
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