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CESM 09/21/2011 - Orders Co~er County ~ ~..- -- -- ~ Growth Management Division Planning & Regulation Code Enforcement DATE: September 28, 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. Ii' w Code Enforcement. 2800 North Horseshoe Drive. Naples, Florida 34104 . 239-252-2440 . www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -CEEXlOll0012494 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. JULIE KOVACS, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 21, 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. Pursuant to Collier County Code of Law & Ordinance, Chapter 14, Section 14-35, Bonnie Kubicsek of Collier County Domestic Animal Service has made the initial determination that Respondent's dog Trixie, a tan and white female Bassett Hound, is a dangerous dog. 2. Respondent, Julie Kovacs, has appealed the decision and has requested the hearing. 3. Respondent was given proper notice, and appeared at the public hearing. 4. Live testimony and sworn affidavits were considered by the Special Magistrate. Witnesses from each side gave testimony to support their opposing positions that the dog is or is not dangerous. 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' appeal of the determination made by Collier County Domestic Animal Service is denied. B. The owner of the dog, as she has been declared a dangerous dog, is required to comply with the restrictions of Collier County Code of Law & Ordinance Chapter 14, Section 14-35. DONE AND ORDERED thisabt-day of ~. ,2011 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ~~1= 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 - Julie Kovacs, Collier County Domestic Animal Services Collier Co. Code Enforcement Dept. .~I~ 0: >L,li;iltJA ;oumy ot COLLlt.R I HEREt'Y CERTIFY THAT thIS is a tqze .... :orrect cooy or a aocumenl onf}I_. ::~, joard Minutes ana Res~r~.~~~,COI.' ntJ NI~~t.SS ow nana aoo~""...thfs~ _~~ay ot ~. _ '_~~' ~~ . ,....."'": " .~ ., )..'. :.j C.LE~OF cQuIrra; . '~-'L " --' ~v 'J(J~\"~' / -~