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CESM - Orders 06/01/2012 Co ler County Growth Management Division Planning & Regulation Code Enforcement DATE: June 7, 2012 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-app parties. The Code Enforcement Cost Account is 111-138911-84903a 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. .r ' •• Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CELU20110015511 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CONEXAR GROUP LLC, 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 June 1,2012,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 April 6,2012,Respondent was found guilty of violation of Collier County Land Development Code 04-41,as amended,Section 1.04.01(A)for fill/dirt dumped on a vacant lot, which violation occurred on the property located at 5148 24th Avenue SW,Naples,FL Folio #36315680008(Legal Description:GOLDEN GATE UNIT 6 BLK 199 LOT 3). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 6,2012,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 4789, PG 1680). 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,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 2010-04 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.2010-04,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 26 days for the period from May 7,2012 to June 1,2012,for a total amount of fines of$2,600.00. C. Respondent shall pay the previously assessed operational costs of$112.20. D. Respondent is ordered to pay fines and costs in the total amount of$2.712.20 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 IS# day of , U K Q ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C.G• 'TTSON 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—Conexar Group LLC Starr, 01 F 1):1t40A Collier Co.Code Enforcement Dept. ;panty of COLLIES 1 HEREBY CERTIFY THAT tha is a Irw as/ 0:orract copy of a aocument•aq ma SI Board Minutaa;an o sC011*-Csa11s ��Ilr.l SS mv,+1 ,aliti cdriciailisia this day of 3 ,c1-Q 0 Th;y1 (T)Eibt4OG MAK AMR" COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110000214 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROOKERY BAY BUSINESS PARK LLC, 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 June 1,2012,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 April 6,2012,Respondent was found guilty of violation of Collier County Land Development Code 04-41,as amended,Section 10.02.13(F)for failure to submit annual planned unit development monitoring report,which violation occurred on the property located in Naples, FL,No Site Address,Folio#732800002(Legal Description: 10 51 26 S1/2 OF N1/2 OF SW 1/4E OF SR951 +S1/2 OF NW1/4 OF SE1/4,LESS OR 1193 PG 2223 OR 866 PG 1990 36.25 AC). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 6,2012,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 4789, PG 1356). 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 2010-04 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.2010-04,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 26 days for the period from May 7,2012 to June 1,2012,for a total amount of fines of$5,200.00. C. Respondent shall pay the previously assessed operational costs of$112.47. D. Respondent is ordered to pay fines and costs in the total amount of$5312.47 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 Code Enforcement Investigator. DONE AND ORDERED this I SA' day of d U hZ ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE deli ALA ' NDA C.G• 'FWSON 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—Rookery Bay Business Park LLC Collier Co.Code Enforcement Dept. star, p: F ;BltyA ,county of COLLItiR I HEREBY CERTIFY THAT tl1` "street cony o►a oocumanto 3oard Minutes a R _f i and e�a►�oi c� •i ► 1/1114ESS my nano ana.officio- thiet: IG E. BRCG 0. CLE1bEa� �. Co ier County Growth Management Division Planning & Regulation Code Enforcement DATE: June 7, 2012 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. Ito oIIcsiA Code Enforcement•2800 North-iorseshoe Give•Naples,Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120001710 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JENNIFER BONACKI, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012,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,Jennifer Bonacki, 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 2456 Millcreek Lane,Unit 103,Naples,Florida,Folio #51080001984(Legal Description: HUNTINGTON LAKES ONE A CONDOMINIUM BLDG 13-103),is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22-231(12)(p)and 19,in the following particulars: Mold growing on the interior walls and baseboards of a vacant condo. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22- 231(12)(p)and 19. B. Respondent must abate the violation by making the unit habitable by treating and/or removing mold to maintain sanitary conditions at vacant or unoccupied unit and by obtaining any and all required Collier County Building Permits or Demolition Permit,inspections,and Certificate of Completion/Occupancy on or before June 8,2012 or a fine of$250.00 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 violation using any method to bring the violation into compliance. 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. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.56 on or before July 1,2012. E. Respondent shall notify the Code Enforcement Investigator,Michele McGonagle,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this )c4- day of ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE i` A�l V --1111 Of : ' i DA C. GARRET i':vi PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. Stain o: F LI:111liA ,:aunty of COLLILR � -,i- 0 `� ,�; cc: Respondent(s)-Jennifer Bonacki � a �% • Collier Co. Code Enforcement Dept. I HEREBY CERTIFY THAT this Is �� .. rs, ,lorrect Copy of a oocument on titta a - Board Minutes and Racpros of ''$ITy ESS my nan ano official t_ "'` e .L day 0 �wtie o1Q(. ry .• , v! 111■ y 4011010C411,_ _ _, CLERK OF MUMS YU/LA./W.0U x7. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110017378 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ERNESTO FLORES AND MARIA FLORES, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012,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,Ernesto Flores and Maria Flores,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,did not appear at the hearing. 4. The real property located at 618 Clifton Street,Immokalee,Florida,Folio#73180680209(Legal Description: SEMINOLE BLK A LOT 33),is in violation of Collier County Code of Laws, Chapter 22,Article VI, Section 22-243(1)(2)(a)(b)(c), in the following particulars: Property was vacant,abandoned,and unsecured. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws,Chapter 22,Article VI, Section 22-243(1)(2)(a)(b)(c). B. Respondent must abate the violation by obtaining all required Collier County Building Permits, inspections, and Certificate of Completion/Occupancy on or before June 8,2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively,Respondent must abate the violation by obtaining a Collier County Boarding Certificate and board the structure to required specifications on or before June 8,2012 and obtain all required Collier County Building Permits,inspections,and Certificates of Completion/Occupancy on or before December 1,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. D. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.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. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.12 on or before July 1,2012. F. Respondent shall notify the Code Enforcement Investigator,Weldon Walker,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 1 S4- day of ‘./VI ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • '4'NDA C.GARRE 7"i N 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)—Ernesto Flores and Maria Flores Collier Co.Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110011725 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NORMAN C.PARTINGTON, Respondent. ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION TO RESCIND THIS CAUSE came on before the Special Magistrate on June 1, 2012 on Petitioner's Motion to Rescind, and the Special Magistrate, having reviewed the motion and file, and having been otherwise fully 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. On December 2,2011,Respondent was found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231(12)(i)for a door in the front of the home that has been damaged and needs to be repaired,which violations occurred on the property located at 5761 Golden Gate Parkway,Naples,Florida,Folio#38168160003 (Legal Description: GOLDEN GATE EST UNIT 30 E 150FT OF TR 91). 2. An Order was entered by the Special Magistrate ordering Respondents to correct the violation on or before December 9,2011 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 4745,PG 3227). ORDER Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.2010-04,it is hereby ORDERED: A. Petitioner's Motion to Rescind is granted and the Order entered in this case on.December 2,2011 is hereby rescinded,shall no longer be in force and shall have no further effect. DONE AND ORDERED this � day of ■\1/1- ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 416 I 9 t '. NDA C.GARRETSO 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—Norman C.Partington Collier Co. Code Enforcement Dept. gar% CO FLiAIDA :MUM of COLUER r HEREBY CERTIFY THAT this M a ,'orrect copy of a document on firs in e Soard Minutes and Remus of CoE11Mt wiTyESS myh� an0 official MN tit j_ dal 0 .1.10.1%-(2_ von E. BR�c v1 ors COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—S0174831-CEEX20120006327 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. DOUGLAS LAVINE, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1,2012,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 Sheriff's Deputy,Thomas Siegel,and is being contested by the Respondent,Douglas LaVine,who has requested the hearing,was given proper notice,and appeared at the public hearing. 2. Respondent is charged with violating Collier County Code of Law&Ordinances, Section 130-67, Handicapped space,parked on striped lines. 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. 2010-04, it is hereby ORDERED: A. Respondent is found not guilty of violating Collier County Code of Law&Ordinances, Section 130-67. DONE AND ORDERED this I5 'day of 31.A h L ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Aro , .44 � 4 NDA C.G " '' 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—Douglas LaVine, Collier Co. Code Enforcement Dept. staff tx Fu;l tL A „panty of COLLIER E • . ;, I HEREBY CERTIFY THAT this Y a i .rf . �rrect copy of a document on file sa r 9oard Minutes and Receros of Cott Tye :.• OVIZ GINO, , COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PR048094-CEEX20120006062 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. CHRISTINE O'NEIL AND TOM CHMELIK, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1,2012, 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 Park Ranger,Mauricio Araquistain,and is being contested by the Respondent,Tom Chmelik,who has requested the hearing,was given proper notice,and appeared at the public hearing. 2. Respondent is charged with violating Collier County Code of Law&Ordinances, Section 130-66, Unlawful area. 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.2010-04,it is hereby ORDERED: A. Respondent is found not guilty of violating Collier County Code of Law&Ordinances, Section 130-66. DONE AND ORDERED this kk day of < U h� ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE I , \ NDA C.GARRETSON 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—Christine O'Neil and Tom Chmelik, Collier Co. Code Enforcement Dept. yy trs FUikiiA :aunty of COLL1E'R t HEREBY CERTIFY THAT' .M�a' :onset Cony at • a' on ottiar t7aN�:. 90ard Minutes and R , miT41E$$ nw hey sad �:JJw,-Q cam" „)- �. Inc �. ` COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120002100 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. THOMAS G.BROWN, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1,2012, 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,Thomas G.Brown,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 6524 Highcroft Drive,Naples,Florida,Folio#68980000243(Legal Description: QUAIL WEST UNIT ONE,REPLAT BLKS E&F ADDITION,BLK F LOT 8), is in violation of the 2007 Florida Building Code,Chapter 4, Section 424.2.17 and Collier County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22-231 (12)(c),(15),and(19), in the following particulars: The lanai door is missing the lower screen panel allowing access into the pool area,framing of HUD approved pool covering is damaged and raising at the corner of the pool allowing water to enter, roof has missing/broken tile,and green mold/algae growing on lanai screen. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of the 2007 Florida Building Code,Chapter 4, Section 424.2.17 and Collier County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22-231 (12)(c),(15),and(19). B. Respondent must abate the violation by chemically treating the pool water and kill the algae growth and maintain the filtration system to keep the pool water clean and provide bi-weekly treatment on or before June 8,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively, Respondent must abate the violation by chemically treating the pool water,killing the algae growth and covering the pool,using HUD standards,preventing the intrusion of rain water on or before June 8,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. D. Respondent must further abate the violation by maintaining screen enclosure by removing all algae growth,repairing all torn and loose screens,and securing all doors to the pool screen enclosure and maintaining in good repair on or before June 8,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. E. Respondent must further abate the violation by replacing missing/broken roof tiles to prevent the intrusion of rain or moisture on or before June 8,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. F. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.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. G. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.82 on or before July 1,2012. H. Respondent shall notify the Code Enforcement Investigator,Michele McGonagle,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this SA- day of \ A IN? ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NiAC.G• " " •N 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)—Thomas G.Brown Collier Co.Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110014694 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. RUBEN M.VALDEZ AND ELIZABETH V.VALDEZ, Respondents. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012, 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,Ruben M.Valdez and Elizabeth V.Valdez,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 1203 N 18th Street,Immokalee,Florida,Folio#77162200001 (Legal Description: TRAFFORD PINE EST SEC I BLK 3 LOT 31 OR 626 PG 285),is in violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)in the following particulars: A shed in the rear of the property and a carport erected 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a). B. Respondent must abate the violation by obtaining all required Collier County Building Permits or Demolition Permit,inspections,and Certificate of Completion/Occupancy on or before October 1,2012 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 violation using any method to bring the violation into compliance.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. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.20 on or before October 1,2012. E. Respondent shall notify the Code Enforcement Investigator,Maria Rodriguez,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of <-1(kit , ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE '.'NDA C. G 113'—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. . arts 0: F aunty of COLUtit cc: Respondent(s)-Ruben M.Valdez and Elizabeth V.Valdez G.- Collier Co. Code Enforcement Dept. HEREBY CERTIFY TNA .this as a :orrect copy or a mourns*on Board Minutes and Recortj N'TNESS my hand anti Wilda *ad t _.1? aay of ? o �o( WI E. 8RO( CLERK Of 2BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20110014694 Ruben M. Valdez& Elizabeth V. Valdez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ruben M. Valdez, on behalf of himself or Elizabeth V. Valdez 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 CESD20110014694 dated the 1st day of December, 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 June 1, 2012; 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; UI toi, Iv- L 1) Pay operational costs in the amount of$112.20 incurred in the prosecution of this case days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 120 days of this hearing or a fine of $100.00 per day will be imposed until the violation is abated 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the v'• ation using any method to bring the violation into compliance and may use the assistance of the Collier • my .heriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to t - property owner. .i � •�• •= orRepresentative (sign S - - -•g, Director Code Enforcement Department C1% 2 - v V4 de z // Respondent or Representative(print) Date - - ZS Zo/ Z Date Ruben M Valdez is deceased f _ (J REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120007772 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LINDA H.HAINES AND WILLIAM D.HAINES, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012, 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,Linda H.Haines and William D. Haines,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,did not appear at the hearing. 4. The real property located at 3087 Lunar Street AKA 3077 Lunar Street,Naples,Florida,Folio #53352680002(Legal Description: LAKE KELLY UNIT 2 LOTS 83+ 84),is in violation of Collier County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (2),22-231 (12)(i),22-231 (1),22- 231(11),22-231 (12)(b),22-231 (12)(n),22-231 (9),22-231(5), in the following particulars: Compliance with housing standards-Water turned off to property by City of Naples,no water on the property,electric turned off by Florida Power and Light,electric illegally hooked up,cooking equipment does not meet ASME container standards,exterior walls have holes,brakes and surfaces are not being properly maintained,windows are broken and not being maintained,and fence as an accessory structure is damaged and not being maintained. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22 Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22-231 (2),22-231 (12)(i),22-231 (1),22-231(11),22-231 (12)(b),22-231 (12)(n),22-231 (9),22-231(5). B. Respondent must abate the violation by providing water to the dwelling with an active valid account with the City of Naples Utilities or by vacating the premises until such time that water is provided with an active valid account with the City of Naples Utilities on or before June 4,2012 or a fine of$500.00 per day will be imposed for each day the violation remains thereafter. C. Respondent must further abate the violation by providing electric to the dwelling with an active valid account with Florida Power and Light or by vacating the premises until such time that electric is provided with an active valid account with Florida Power and Light on or before June 4,2012 or a fine of$500.00 per day will be imposed for each day the violation remains thereafter. D. Respondent must further abate the violation by obtaining any and all required Collier County Building/structure Permits and complete any and all repairs to the building/structure with all inspections and Certificate of Completion/Occupancy as ordered in the Property Maintenance Inspection Report on or before June 8,2012 or a fine of$500.00 per day will be imposed for each day the violation remains thereafter. E. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. 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. F. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $113.08 on or before July 1,2012. G. Respondent shall notify the Code Enforcement Investigator,Michelle Scavone,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this \Sk day of cit.(1'\Q ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE WA IC /IC)414Z ' NDA C.GARRETSON 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)—Linda H�Haines and William D.Haines Collier Co.Code Enforcement Dept. • .4' COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120003671 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NORMAN C.PARTINGTON, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012, 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,Norman C.Partington,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 5761 Golden Gate Parkway,Naples,Florida,Folio#38168160003 (Legal Description: GOLDEN GATE EST UNIT 30 E 150FT OF TR 91),is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(i), in the following particulars: Unsecured property with broken windows and damaged exterior doors. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI Property Maintenance Code, Section 22- 231(12)(i). B. Respondent must abate the violation by obtaining all required Collier County Building Permits, inspections,and Certificate of Completion/Occupancy on or before July 1,2012 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively,Respondent must abate the violation by obtaining a Collier County Boarding Certificate and board the structure to required specifications on or before June 8,2012 and obtain all required Collier County Building Permits,inspections,and Certificates of Completion/Occupancy on or before December 1,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. D. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. 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. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.29 on or before July 1,2012. F. Respondent shall notify the Code Enforcement Investigator,Jonathan Musse,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 14- day of • ■A.SZ, ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE � 1_% to ' '� NDA C.GARRE 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(s)—Norman C.Partington Collier Co.Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120002331 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOHN MACDONALD, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012, 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,John MacDonald,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 2248 45`h Street SW,Naples,Florida,Folio#35773840009(Legal Description: GOLDEN GATE UNIT 2 BLK 58 LOT 13),is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231 Subsections 12b, 12p, 12q,and 19,in the following particulars: Several interior walls that have been damaged and termite infestation that has caused damage to the interior of the home,wood siding on the exterior,and to a support beam for the carport. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 22,Article VI, Section 22-231 Subsections 12b, 12p, 12q, and 19. B. Respondent must abate the violation by obtaining all required Collier County Building Permits or Demolition Permit,inspections,and Certificate of Completion/Occupancy on or before October 1,2012 or a fine of$250.00 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 violation using any method to bring the violation into compliance. 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 $112.64 on or before July 1,2012. E. Respondent shall notify the Code Enforcement Investigator,Joe Mucha,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this I'' day of vU ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE � 01111P\ 1164.1.. A1: B'17t;w''�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(s)—John MacDonald sta;n O: ;V 411i.bA Collier Co. Code Enforcement Dept. :aunty Of COLLIER 1 HEREBY CERTIFY THAT thIs%. :orrect cony of a document 0011 Board Minutes and Records o' NITM SS rnv hand and om `M O - hoar a* 3 )WI E. B CLERK 4:1111104%, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20100009239 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CASERINVERSIONES LLC, 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 June 1,2012,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 February 4,2011,Respondent was found guilty of violation of Florida Building Code,2007 Edition,Chapter 1, Section 105.1 for an unpermitted fence on site,which violation occurred on the property located at 4901 23`d Avenue SW,Naples,FL Folio#36112200005 (Legal Description: GOLDEN GATE UNIT 4 BLK 120 LOT 16). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 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 4654, PG 2465). 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,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 2010-04 has been timely filed. 6. The violation has been abated as of March 23,2012. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.2010-04,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 1'S day of J ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE : ' NDA C.G ' ' TSON 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—Caserinversiones LLC Collier Co. Code Enforcement Dept. atatAS �': F V iMi►1JA r i.,i 1r,"' ,ounty of COLL1k14 - qr.-, • . •• HEREBY CERTIFY THAT tln!l.11 :orrect coot' or a Document on dips a* . . 3oard Minutes and Records of Cojfior , N17N SS my hanclAnd©fficial * -(Z days l l�Q '; ?WIG E. BROGit,CLERK 071111 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEROW20120000549 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on June 1, 2012,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,Roger Dale Mooneyham and Roxie Mooneyham,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,did not appear at the hearing. 4. The real property located at 4998 23`d Court SW,Naples,Florida,Folio#36110760000(Legal Description: GOLDEN GATE UNIT 4 BLK 117 LOT 5),is in violation of Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Article II Construction in Right of Way,Division 1 Generally, Section 110-31(a), in the following particulars: Vegetation in county right of way. 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. 2010-04, it is hereby ORDERED: A. Respondent is found guilty of violation of Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Article II Construction in Right of Way,Division 1 Generally, Section 110-31(a). B. Respondent must abate the violation by removing any and all offending material/vegetation from the right of way on or before July 1,2012 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 violation using any method to bring the violation into compliance. 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 $112.20 on or before July 1,2012. E. Respondent shall notify the Code Enforcement Investigator,Jonathan Musse,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 174 day of L\U IV ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE &, J Q C' - ' NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s)—Roger Dale Mooneyham and Roxie Mooneyham "6" 4' '' k+ . 14 Collier Co. Code Enforcement Dept. ;ounty of COLLAR I HEREBY CERTIrt.THAT. •is$ins 1 :orrect copy or a, 3oard Minutes angbR��1 *Monier NITN SS nmv hett t 0ffiCial.lei1 . t y of &Q (a,, , )V1141 E. NOG b -fly: / ililL / ■ . .....-14AL ...--,..-'