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CESM - Orders 09/07/2012 Coer County Growth Management Division Planning & Regulation Code Enforcement DATE: September 14, 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. Code Enforcement•2800 North Horseshoe Drive•Naples, Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEEX20120009479 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. JOHN DEIGHEN AND LISA DEIGHEN, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on July 6, 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 AND CONCLUSIONS OF LAW 1. Pursuant to the requirements of Collier County Code of Law&Ordinance, Chapter 14, Section 14-35, Anier Marrero of Collier County Domestic Animal Services made the initial determination that Respondent's dog, Murphy, a yellow male Chow Chow, is a dangerous dog. 2. Respondents,John Deighen and Lisa Deighen, appealed the decision and requested a hearing. 3. Respondents were given proper notice, appeared at the public hearing and were represented by counsel, Colleen MacAlister, Esq. 4. The ordinance requires the Special Magistrate to determine if the evidence presented supports the dangerous dog determination or if such determination should be overturned. 5. 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. A video of the dog presented by Respondents was viewed. 6. Based on the evidence presented and legal arguments made, the following findings of fact and conclusions of law are made: a) The subject dog does meet the definition of a dangerous dog as defined by Section Ten of Ordinance No. 2008-51, which, in relevant part, states: 1 LA. Dangerous or vicious dog means any dog that according to the records of the appropriate authority; (1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury on a human being on public or private property; b) "Severe injury" as defined in the ordinance, means any physical injury that results in broken bones, multiple bites, or disfiguring lacerations requiring sutures or reconstructive surgery. The Respondent through sworn testimony admitted that the little girl was bitten by the subject dog and affirmatively identified the little girl in a photograph showing her severe injuries that resulted from multiple bites by the dog. c) The language of this section of the ordinance is divided into two separate parts which begin with the verb"has"and are joined by the conjunctive word "or"as follows: 1) Has aggressively bitten, attacked, or endangered OR 2) Has inflicted severe injury on a human being.... (emphasis supplied). Because of this separation of the ordinance provision into two parts, it is only necessary that sufficient evidence of one part of this section be present in order for a determination to be made that a dog is dangerous. The mere fact that a severe injury occurred means that the subject dog meets the ordinance definition of"dangerous". d) Contrary to the argument of Respondents, the word "aggressively" is only applicable to the words "bitten, attacked, or endangered" in the first part and is not a qualifier of the second part of the relevant provision of the ordinance. e) The cases cited by the Respondents' attorney are distinguishable and are not applicable to the factual scenario of this case. The first case, Hoesch v. Broward County, FL, 53 So.3d 1177 (Fla. 4h DCA 2011), finds a conflict between a provision of the Broward County ordinance and Section 767.11(1)(b), of the Florida Statutes. The portion of the Broward County ordinance creating the conflict with the state statute involves the following language: "....Has severely injured or killed a domestic animal while off the owner's property;"and therefore is inapplicable. f) The remaining three cases, Freire v. Leon, 584 So.2d 98 (Fla. 3rd DCA 1991), Reed v. Bowen. 512 So.2d 198 (Fla. 1987) and Donner v. Arkwright-Boston Manufacturers,et.al, 358 So.2d 21 (Fla. 1978), all address the appropriate application of Section 767.01 and Section 767.04 of the Florida Statutes, which provisions deal with a dog owner's liability for damages in a civil lawsuit and do not apply to the case at bar. g) Finally Respondents argue that Section 767.12, Florida Statutes provides defenses to a dangerous dog determination and specifically cite 767.12(1)(b) which states: "A dog shall not be declared dangerous if the threat, injury, or damage was sustained by a person who, at the time,......., was tormenting, abusing or assaulting the dog". The subject case before the Collier County Code Enforcement Special Magistrate is an appeal from a dangerous dog determination pursuant to a Collier County ordinance and is not being prosecuted pursuant to the provisions of a state statute. Nevertheless, even if this language were controlling, the record in this case is devoid of any evidence of conduct showing that the victim was "tormenting, abusing or assaulting"the dog. 2 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. Respondents' appeal of the determination made by Collier County Domestic Animal Services is denied. B. Because the subject dog has been declared a dangerous dog, Respondents are required to comply with the restrictions of Collier County Code of Law &Ordinance Chapter 14, Section 14-35. DONE AND ORDERED this \\ day of 0:1 6Y,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE �� 0 14 NDA C. GA'.'. 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: Respondents—John Deighen and Lisa Deighen, �tahs or FS .ounry of COLLIER . Collier County Domestic Animal Services Collier Co. Code Enforcement Dept. "` 1 HEREBY CERTIFY TAT. . _ .� �IRO �a111�b ;orrect cosy of a aoeu)ne Oft 1st ' Board Minutes and corO'ot COUL*Ca NaT'li SS my hand Ttittria), toay of �` -- \• 3 IG . BROGiM C�tniii iti Co fe-r County Growth Management Division Planning & Regulation Code Enforcement DATE: September 17, 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. ouNA Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.cofiergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PU4904-CEEX20120011454 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. NAPLES OXFORD LTD PARTNERSHIP Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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 Public Utilities Officer Natalie Smith, who has requested the hearing. The Respondent, Naples Oxford LTD Partnership, was given proper notice, and was represented by Ulysses Dominguez at the hearing, who entered into a stipulation. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances, 118-104, Section 3 (i), in the following particulars: Liquid putrescible waste,food waste,and multiple holes in compactor. 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 violating Collier County Code of Laws and Ordinances, 118-104, Section 3 (i). B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$50.00. C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of$5.00. D. If abatement is not complete on or before September 14, 2012, a fine of$200.00 will be imposed. E. Respondent is ordered to pay in total $55.00 on or before October 7, 2012. DONE AND ORDERED this day of ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE � j�1.,L`.i &Ds... B;.7 DA C. GA' -173'w 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-Naples Oxford LTD Partnership, Collier Co. Code Enforcement Dept. Sialk, 07 D L+iF I i)A ,,ounty of COLLJ R i HEREBY CERTIFY THAT this Is a trus 41 141.coos or a Document on file�j*f , ;r; , 3oard Minutes and Records of Cotilett c0i1f1 t N T SS my nano a official se' I IMO' Day of - a-O l WI T E. BRO(.K, CLERK OF Capin ' BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner Officer Natalie Smith Vs. Public Utilities Department Citation No.: PU 4904 Gay 20 00tt454 Naples-Oxford Ltd Partnership, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, U k SSes DorY11 nq t e , on behalf of himself or 00410\ s.1 e- Ca)TO was representa"tive for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of the Citation in reference, Citation No. PU 4909 dated the 26th day of July 2012. In consideration of the disposition and resolution of the matters outlined in said Citation for which a hearing is currently scheduled for September 7, 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 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 / Section(s) 118-104 3(i) and are described as litter consisting of but not limited to liquid putrescible waste, food waste, and multiple holes in the compactor. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ � incurred in the prosecution of this case. C-01/4)(k- C S'F :do� Respondent (1) Signatur€ 0)re — - �-t s 5eg- u4/6,3 G'1 , k) c.kct e SrYii' Respondent (1) Printed Name Officer's Printed Name 9 -71 10 Respondent (2) Signature Date Respondent (2) Printed Name i YLLt �- 0-1, SE/w.CO- Representative c7— 7— �l Date REV 7/1/08 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CO02398-CEVFH20120008200 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. GARY A. VANBUREN, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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 Code Enforcement Investigator, Michaelle Crowley, and is being contested by the Respondent, Gary A. VanBuren, 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, Chapter 142, Section 142-30(a), 142-33(d). Operated a motor vehicle for hire business upon the public streets of the County without first obtaining a valid driver ID from Collier County. 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 violating Collier County Code of Law& Ordinances, Chapter 142, Section 142-30(a), 142-33(d). B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$50.00. C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of$5.00. D. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in the amount of$100.00. E. Respondent is ordered to pay in total $155.00 on or before November 7, 2012. DONE AND ORDERED this Aiday of OIt. ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE B!7*NDA C. GA'-IrCarir 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—Gary A. VanBuren Collier Co. Code Enforcement Dept. :11a101 44 >aunty of COLLILR I HEREBY CERTIFY THAT ibis is a this,still ;orrect cony or a aocurnera ort ftte to 3oard Minutes and RecorQ of Collier Cidn NtTC my nano of%st 'VW; , rot aU ° 1 a • 9WI E. BROCA LEE) OF DRUMS, irammorwag COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CO02397-CEVFH20120008193 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. AIRPORT,LIMO,AND RV TRANSPORTATION, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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 Code Enforcement Investigator, Michaelle Crowley, and is being contested by the Respondent, Airport, Limo, and RV Transportation, who has requested the hearing, was given proper notice, and was represented by Gary A. VanBuren at the public hearing. 2. Respondent is charged with violating Collier County Code of Law&Ordinances, Chapter 142, Section 142-30(a), 142-33(c). Operated a motor vehicle for hire business upon the public streets of Collier County without first obtaining a license to operate from Collier County. 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 violating Collier County Code of Law&Ordinances, Chapter 142, Section 142-30(a), 142-33(c). B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$50.00. C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of$5.00. D. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in the amount of$250.00. E. Respondent is ordered to pay in total $305.00 on or before November 7, 2012. DONE AND ORDERED this lq day of St• ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4 _drib f : ' ' DA C. GA Trf SON 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—Airport, Limo, and RV Transportation Collier Co. Code Enforcement Dept. •• �e1�} Je State, 0: F %Kt1SA :ounry of COLULR I HEREBY CERTIFY THAT thus 1 *An* :orrect cony or a oocument on ttt .yl Board Minutes and Recoros of Coillet oicrnss mv napp�offi seal this W ay o f 3l ')WIG- E. BRO X, Mt Of COURTS Mt .g• sta.irPUla COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20120010619 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CARL A. CHASE III, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Carl A. Chase III, 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 9733 Litchfield Lane, Naples, Florida, Folio#80222000002(Legal Description: VICTORIA PARK WEST LOT 137), is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a) in the following particulars: Boat with trailer parked in driveway. 5. The violation has 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 130, Article III, Section 130-96(a). B. Respondent must abate the violation by relocating boat and trailer to an enclosed structure, rear yard, adjacent to waterway as permitted,or by removing boat and trailer from the property on or before September 14,2012 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 $112.29 on or before October 7,2012. E. Respondent shall notify the Code Enforcement Investigator, Steve Athey, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this Vday of ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • • 4 NDA C. GARR SON 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. Stat s Cu Fts;Ft lr31� ;ounty of COLDER cc: Respondent(s)—Carl A. Chase III Collier Co. Code Enforcement Dept. I HEREBY CERTIFY THAT this Is a true :orrect cooy of a oocument on fits in.; • '.-- Board Minutes and Records of Co1i! C fst , Sy AS S my na d and offlacett so-, ay of OW E. BROCK, CLERK Of a g.Q,}vCiat,',4:ii, BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CEV20120010619 Carl A. Chase III Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,6(4 C SF , 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 CEV20120008002 dated the 24th day of May, 2012. 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 9. -7-/ )_ ; 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. Boat with trailer parked in the driveway. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $//),,) incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Relocating boat and trailer to an enclosed Structure, rear yard, or adjacent to waterway (as permitted), or removing boat and trailer from the property within seven days of this hearing or a fine of $100 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 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 using any method to bring the violation into compliance 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()l Respon ent or Representative (sign) �a r Diane gg, Director CA dq Cod nforcement Department 6ht i CH4-3 C q - 7 - l2 Respondent or Representative (print) Date I- 7 - Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEV20120009124 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. WENDY E. NOBLE, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Wendy E. Noble, 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, was represented by Michael Noble at the hearing, who entered into a stipulation. 4. The real property located at 660 Cypress Way E,Naples, Florida, Folio#65421520007 (Legal Description: PALM RIVER EST UNIT 5 BLK H LOT 18), is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95, Storage and use of vehicle control ordinance in the following particulars: Unlicensed and inoperable vehicles parked in the driveway zoned residential. 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 130, Article III, Section 130-95, Storage and use of vehicle control ordinance. B. Respondent must abate the violation by obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, or store same within a completely enclosed structure, or remove offending vehicle from residentially zoned area on or before September 10,2012 or a fine of$50.00 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 $112.12 on or before October 7, 2012. E. Respondent shall notify the Code Enforcement Investigator,John Connetta, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of ' Qt* . ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE OP DA C. GA" SON 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. J3a�r u: t L'; clL)A ,;ounty of COLLIER . cc: Respondent(s)—Wendy E. Noble Collier Co. Code Enforcement Dept. I HEREBY CERTIFY THAT this is txfM yt?rri� :orrect cony or a oocumem on Ms ut ' • Board Minutes and Recoros of Conist-Ommiti SS my nano a official sss( tl T E. BROC , CLERK Of COURTicA J' BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CEV20120009124 Wendy E. Noble Respondent(s), STIPULATION/AGREEMENT Aft °0 � 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 CEV20120009124 dated the 14th day of June, 2012. 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. Inoperable/Untagged Vehicle located at 660 Cypress Way East Naples, FL 34110 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ l t • ncurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining and affixing a current valid license plate to each vehicle not stored within the confines of a completely enclosed structure, OR store same within a completely enclosed structure, OR remove offending vehicle(s) from residentially zoned area within 3 days or a fine of $50.00 per day until the violation has been 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 violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatemen shall be assessed to the property owner. fi R nden o epresentative (sign) F°r Dian=/gr-gg, D' ector Code Enforcement Department M`Ckil q , Respondent or Representative (print) Date Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20120008612 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 2012, 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. Respondents are charged with violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), in the following particulars: Work started without permits and worked through a stop work order. 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. 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 T''Way of 5 ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE B NDA C. GARRETSON cc: Respondents—Edward Chracewicz and Elzbieta Chracewicz Collier Co. Code Enforcement Dept. *** OR 4837 PG 1923 *** Apr.; ci% v to:RU)A .ovnty of COLLIER 4t�sio r . HEREBY CERTIFY THAT this• c, ;orroct cony or a °ocument do flt to - Board Minutes and Recorosf?Cot�at.001t1Ib' c gepS my ba d ;Iry offI I*11 1,0i iiel of TNI T E. BROm,CLERK OF WO 1" 1 rl 4a,e i i,..r COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20120002950 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. MERCEDES ORTIZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Mercedes Ortiz, 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 public hearing, but entered into a stipulation. 4. The real property located at 2184 46`h Terrace SW, Naples, Florida, Folio#35743720007 (Legal Description: GOLDEN GATE UNIT 2 BLK 20 LOT 5 ), is in violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(13)(1)(a) in the following particulars: Several unpermitted improvements/additions to include cabanas, storage building,lanai,and roof addition 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. 2010-04, it is hereby ORDERED: V 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 December 7,2012 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 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 7,2012. E. Respondent shall notify the Code Enforcement Investigator, Ralph Bosa, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 'l',¢ay of S5V. ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 0OA .sibli NDA C. GARRE ier 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. )0*•1 u :L.,;'s Lth ;county of COLLAR ,. '4, cc: Respondent(s)-Mercedes Ortiz Collier Co. Code Enforcement Dept. I HEREBY CERTIFY THAT this Is a tttM ",, 177)--- '.orrect Coot' or a oocument on file W i Board Minutes and Recoras of Coiner OIYU ` ' ' /YTN SS my na a a ffi ll�1 sal this 3WI E. BROL LEM Of COURTS ' 12,.....___________ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120002950 Mercedes Ortiz Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Mercedes Ortiz, on behalf of herself 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 CESD20120002950 dated the 28th day of February, 2012. 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 September 7th, 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. The violations are of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a), and described as several unpermitted improvements/additions to include cabanas, storage building, lanai, and roof addition without permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ `I Z.z incurred in the prosecution of this case within 30 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 9'u days of this hearing or a fine of $200 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 violation using any method to bring the violation into compliance 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 E '' . Resp•140: sr11,17-'• -tive (sign) `,L Diane lagg, Director /'V/r5 fib Code Enforcement Department I�(erCecle9 Cr±r? . 65- 2 /76i Respondent or Representative (print) to c 20/2 . Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110011005 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. AGUSTIN MORALES-RENTERIA AND BLANCA E. MORALES, Respondents. 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 April 6, 2012, Respondent was found guilty of violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), for new construction of a shed without permits, which violations occurred on the property located at 5433 29th Place SW,Naples, Florida, Folio#36430680006(Legal Description: GOLDEN GATE UNIT 7 BLK 230 LOT 17 & S 10FT OF ALLEY ADJ TO N LI OF LOT 17 VACATED BY OR 2035 PG 1367 ). 2. An Order was entered by the Special Magistrate ordering Respondents to correct the violation on or before July 6, 2012 or a fine of$100.00 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 4789, PG 1345). 3. On September 7, 2012 Respondent filed a Request/Motion for Extension of Time to Comply. 4. The operational costs of$112.12 have been paid. 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. Respondents' Request/Motion for Extension of Time to Comply is granted. B. The time for which Respondent is to comply has been extended until March 7, 2013. C. No fines shall accrue during the extension period. DONE AND ORDERED this IA day of Set, ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE IA /9 _ IA► IA . 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—Agustin Morales-Renteria and Blanca E. Morales Collier Co. Code Enforcement Dept. Stark o; ;u county of COLLIER I HEREBY CERTIFY THAT this M a bus an, ;orrect cooy or a aocument on Me an Board Minutes and Records of Coftlar. .�TNESS my n o and official sail th "day of h- �o A; E. 8ROGR, RK Of 00 .�.. Us.,C . COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PU4909-CEEX20120012513 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. NAPLES CARRIAGE LLC Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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 Public Utilities Officer Natalie Smith, who has requested the hearing. The Respondent, Naples Carriage LLC, was given proper notice, and was represented by Dane Wheeler at the hearing, who entered into a stipulation. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances, 118-104, Section 3 (i), in the following particulars: Litter consisting of but not limited to: putrescible waste,cardboard, glass,cans,plastic, etc. 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 violating Collier County Code of Laws and Ordinances, 118-104, Section 3 (i). B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$50.00. C. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of$5.00. D. Respondent is ordered to pay in total $55.00 on or before October 7, 2012. DONE AND ORDERED this Aikday of Sft. ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 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-Naples Carriage LLC, Collier Co. Code Enforcement Dept. Bats Os L,;RIL)A .:ounty of COLLIER I HEREBY CERTIFY THAT this ,correct cony or a oocument on.. o 3uard M'nutes and Recoros otCont eoo exTN S my rta o a offl this =_ of �1NI E. BROCK, LERK Of obt1 BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner Officer Natalie Smith Vs. Public Utilities Department Naples Carriage LLC, Respondent(s) Citation No.: PU 4909 CkI(Z •2.03aS13 STIPULATION/AGREEMENT COMES NOW, the undersigned, / c cc 't.l wl \tt- , on behalf of himself or icQ\.. 6 C u-rtc,, a LCD as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of the Citation in reference, Citation No. PU 4909 dated the 14th day of August 2012. In consideration of the disposition and resolution of the matters outlined in said Citation for which a hearing is currently scheduled for September 7, 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 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 / Section(s) 118-104 3(i) and are described as litter consisting of but not limited to putrescible waste, cardboard, glass, cans, plastic, etc. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 4Z-S incurred in the prosecution of this case. Soee' C.00r-# c.om\- s°° NAnin1ee Respondent (1) Signature 0 icer's Signature t-a11 .5 rni ) Respondent (1) Printed Name Officer's Printed Name Ct Respondent (2) Signature Date Respondent (2) Printed Name Representative 1,1 Date REV 7/1/08 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110000968 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ETHEL MATA, Respondent. 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 Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), for a carport attached to the house and a shed in the rear erected without first obtaining a Collier County Permit, which violations occurred on the property located at 906 Taylor Terrace, Immokalee, Florida, Folio#53500360006(Legal Description: LAKE TRAFFORD SHORES UNIT 1 BLK A LOT 9). 2. An Order was entered by the Special Magistrate ordering Respondents to correct the violation on or before November 1, 2011 or a fine of$150.00 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 174). 3. On August 27, 2012 Respondent filed a Request/Motion for Extension of Time to Comply. 4. The operational costs of$112.12 have been paid. 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. Respondents' Request/Motion for Extension of Time to Comply is granted. B. The time for which Respondent is to comply has been extended for six months. C. No fines shall accrue during the extension period. DONE AND ORDERED this *day of Sel ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE '4 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—Ethel Mata Collier Co. Code Enforcement Dept. surf,/ O: c :kWh :ounty of COLLIER t HEREBY CERTIFY THAT this is s trus tw/ :orrect copy of a document.on flis ur; Board Minutes and Rader.' OfCo(llsr Q9rf*J 9C4,KSS my ha a 0 i;' lslll this r"say of t MINI T E. BROG CLERK Of MUMS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEROW20120004592 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. DANIEL J. BARRY, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 2012, 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 110 Roads and Bridges, Section 110-46 and Section 110-31(a), in the following particulars: Culvert pipe in the enclosed swale rusted through and in need of repair/replacement. 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. The Respondent's Motion for Continuance of this case is granted until October 5, 2012. B. All parties shall be re-noticed for the subsequent hearing date. DONE AND ORDERED this ( ,Vday offi • , 2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 410 Nri4dt_ ' NDA C. GARRETSON cc: Respondent—Daniel J. Barry Collier Co.Code Enforcement Dept. *** OR 4837 PG 1935 *** 3taR+s as F v.:RIDA ;aunty of COLLIER ■ HEREBY CERTIFY THAT.tItia,Js t** orrect cony or a QoaunleM 6}i.t�O1i '•\t -; `.' board Minutes and Red* of.f`b/114.03611*•, MThIgSS rnv h a s o ciah l this 0 ay of '- . OWI E. BROCA ROT.Qpt jcS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEROW20110003833 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CHANTELL VIDAL AND EVELINA VIDAL, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Chantell Vidal and Evelina Vidal, 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 public hearing, but entered into a stipulation. 4. The real property located at 843 106`''Avenue N, Naples, Florida, Folio#62520480009(Legal Description: NAPLES PARK UNIT 1 REPLAT BLKS 4+ 5, LOT 16), 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: Alterations to the right of way and the permit has expired. "! 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 requesting or causing inspection through Certificate of Completion for Right of Way permit number 11-0294-E, or by removing any and all offending materials from the Right of Way and return back to the original permitted state on or before March 7,2013 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 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 $112.56 on or before October 7,2012. 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 1-1k).,day of ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Ilkx.....1 Q 1110 B t NDA C. GARRETS i 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 tTdurts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: 'Respondent(s)—Chantell Vidal and Evelina Vidal Collier Co. Code Enforcement Dept. OR 4837 PG 1938 aitok. ;t. ; 1M :aunty of COLLIER I HEREBY CERTIFY THAT this is-a Owl wet lorrect copy ot a oocumentortliteist.:2 Board Minutes and RacozitS.otCiiillattrianki mv nano anctik•fficaiVaritthW; cay of D. • l:Ousts. • E. EIROG oi• •: . 111 . ... „.0 JFkl0 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CEROW20110003833 Evelina Vidal & Chantell Vidal Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Evelina Vidal, on behalf of herself and as representative for Chantell Vidal enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEROW20110003833 dated the 15th day of February, 2012. 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 September 7th, 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. The violations are of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110- 31(a), and described as unpermitted alterations to the right-of-way. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$112.56 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must request or cause inspection through certificate of completion for Right of Way Permit Number 11-0294-E, or remove any and all offending materials from the right of way and return back to the original permitted state within 180 days of this hearing or a fine of$200 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 violation using any method to bring the violation into compliance 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. R- e • 'epresentative (sign) For r Dia e, Iagg, Director Co Enforcement De artment q/6 l2 Respondent or Representative (print) Date Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120009061 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. HSBC BANK USA NA TR ACE SECURITIES CORPORATION, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on-September 7, 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, HSBC Bank USA NA TR Ace Securities Corporation, 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 4500 Golden Gate Parkway, Naples, Florida, Folio#35980440001 (Legal Description: Golden Gate Unit 3 BLK 81 LOT 13 and the W 40FT of LOT 14), 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 (I 2)(c), in the following particulars: Holes in roof allowing water intrusion. 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)(c). B. Respondent must abate the violation by obtaining all required Collier County Building Permits, inspections, and Certificate of Completion to repair roof on or before September 14,2012 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 $112.20 on or before October 7,2012. 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 7\ day of STA-, ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE II B tr DA C. GARRE-"TN 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)—HSBC Bank USA NA TR, Ace Securities Corporation Collier Co. Code Enforcement Dept. *** OR 4837 PG 1942 *** stairs o: i L.,ai1S1► :4 y ;minty of COLUER I HEREBY CERTIFY.T#1`AT Ih'ts:M..t tiro vM zorrect coot'of a vOcumaabi bI(mie'in Board Minutes and Ocotas-of doi11erCosir MT ESS my h=` �ti tti 1`ti ' ay of WIG E. BROOK( CLER ;,'!� ,� V.V. 77•07. IrIONNNIPM! COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120008080 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. TEOFILO RODRIGUEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Teofilo Rodriguez, 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 5357 Hawthorn Woods Way, Naples, Florida, Folio#38393280004 (Legal Description: GOLDEN GATE EST UNIT 34 W1/2 OF TR 46), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231 (15), in the following particulars: Swimming pool that is 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, Article VI, Section 22-231 (15). a 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 September 14,2012 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 September 14, 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 $112.20 on or before October 7,2012. F. Respondent shall notify the Code Enforcement Investigator, Ralph Bosa, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this risti\day of 34-5\". . , 2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Oak N i A 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)—Teofilo Rodriguez kana :kil)A - Collier Co. Code Enforcement Dept. .:Ounty of COLLIER ;e` I HEREBY CERTIFY THAT this M a ttia lorrect coat' or a document on MS l.r;.i r Board Minutes and Racoon of COI* Mini SS my nan�opa official MA ay of t'"'1 " - 01-Ofe thilf WWII BROC A, CLERK Of 01X itanamerogat )0- BOARD BOARD OF COUNTY COMMISSIONERS (� Collier County, Florida Petitioner, vs. Case No. CEPM20120008080 Teofilo Rodriguez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Teofilo Rodriguez, 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 CEPM20120008080 dated the 30th day of May, 2012. 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 September 7th, 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. The violations are of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15), and described as a swimming pool that is not being maintained. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$112.20 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 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 within 7 days or a daily fine of$250 will be imposed for each day the violation continues. • Alternatively, respondent may chemically treat the pool water killing the algae growth and covering the pool, using HUD standards, preventing the intrusion of rain water within 7 days or a daily fine of$250 will be imposed for each day the violation continues. 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 using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the •rovisionsr this agreement and all costs of abatement shall be assessed to the property owne . rr'i booffevoei v1. 1 Respondent or Representative (sign) fa r Diane g, Director Code nforcement Department 7f /0 #/aciA' ��Z - - 12 Respondent or Representative tint) Date q - � - 12 Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120008040 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. KEVIN CLIFFORD AND JANET CLIFFORD, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Kevin Clifford and Janet Clifford, 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, were represented by Janet Clifford who entered into a stipulation. 4. The real property located at 3539 Santiago Way, Naples, Florida, Folio#68094280001 (Legal Description: POINCIANA VILLAGE UNIT 2 BLK K LOT 28), is in violation of Collier County Code of Laws and Ordinances,Chapter 22, Article VI, Section 22-231 (15), in the following particulars: An unmaintained pool creating an unhealthy and hazardous condition. 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 (15). 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 September 14,2012 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 September 14, 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 $112.29 on or before October 7,2012. F. Respondent shall notify the Code Enforcement Investigator, Joe Giannone, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE v� ' 4 • t1 ■ ' 'NDA C. GARRETS 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. Sian. of c L•AIWA cc: Respondent(s)—Kevin Clifford and Janet Clifford %odnty of COLLJC:R Collier Co. Code Enforcement Dept. i HEREBY CERTIFY THAT this it • 11rus and :orrect coos or a document on ate a Soard Minutes and Records o*C ffi,v ITN S my ha a offl r ______ ay of ' . o (a". T E. BROC CLERX OP,OQUIMII BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case CEPM20120008040 Keven and Janet Clifford. Respondent(s), STIPULATION/AGREEM T J Anef- C l; �o ra hersci1 COMES NOW, the undersigned, , on behallfof 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 CEPM20120005882 dated the 24th, day of Va. May 2012 . 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. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 'iZ,i'-(incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations 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 within 7 days or a daily fine of $ 250 will be imposed for each day the violation continues. Alternatively, respondent may chemically treat the pool water killing the algae growth and covering the pool, using Housing and Urban Development (HUD) standards, preventing the intrusion of rain water within 7 days or a daily fine of $250 will be imposed for each day the violation continues. 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. CC.)/16 -) Res ondent or Repres€,n tive (sign) Diane Flagg, Director �'� Code Enforcement Department �a G�r, : C ( çç' J Respondent or Representative (print) Date Date COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. —CEPM20120006379 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. DENNIS WOLFE AND ROBERTA WOLFE, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Dennis Wolfe and Roberta Wolfe, 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 2500 55th Street SW, Naples, Florida, Folio#36380720003 (Legal Description: GOLDEN GATE UNIT 6 PART 1 BLK 216 LOT 5), 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 (15), in the following particulars: Green pool. 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 a repeat violation of Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (15). 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 September 14, 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 September 14, 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 $112.20 on or before October 7, 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 7 day of S , 2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE "r DA C. GARRETS r' 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)-Dennis Wolfe and Roberta Wolfe ft-4 Q f CALLA ;ft-471y of COLL1tN Collier Co. Code Enforcement Dept. HEREBY CERTIFY THAT this It a lrtat •correct cony of a Document onpfte M..... 9oard Minutes and Recoras of Cof ,NAT^+ SS my havang offi DWI E. BROCK, CLERK Of counts-. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120006351 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ABRAHAM & SWEENEY PA TR GRANT FAMILY LAND TRUST, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Abraham & Sweeney PA TR, Grant Family Land Trust, 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 15134 Brolio Lane, Naples, Florida, Folio#59960012749 (Legal Description: MEDITERRA PARCEL 110 LOT 28), 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 (15), in the following particulars: Pool water is dark green in color,stagnant, and not being properly 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 (15). 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 September 14,2012 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 September 14,2012 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 $112.73 on or before October 7,2012. F. Respondent shall notify the Code Enforcement Investigator,John Connetta, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this (1day of J , 2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE #1 Cd. c 'ENDA 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)—Abraham& Sweeney PA TR, Grant Family Land Trust Collier Co. Code Enforcement Dept. *** OR 4837 PG 1954 *** Stalk as ;s.':kltiA 'r-2 county of COLLIER I HEREBY CERTIFY THAT this M a,t ,nd :orrect cony or a document oR,tlls:r�[L.::: %; Board Minutes and Recorascoi C0,1700011*,,, NTN S my h Ofthal fi ii� n ii■iay of -:arCzt r 7-- OWIG T . BROCA,CLERSOF CO01#11 • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110004735 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CHARLOTTE P. BYERS, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Charlotte P. Byers, 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 public hearing, but entered into a stipulation. 4. The real property located at 797 97`h Avenue N,Naples, Florida, Folio#62773240009 (Legal Description: NAPLES PARK UNIT 5 BLK 63 LOT 1), is in violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) in the following particulars: Permit#2011050244 issued for replacement windows,expired without final inspection and/or certificate of occupancy. 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)(I)(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 March 7, 2013 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 $112.64 on or before October 7,2012. E. Respondent shall notify the Code Enforcement Investigator,Art Ford, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this /-` day of ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE /n ti Ccf9Aa----ENDA C. GARR 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. •lal+s o 'L';n1uA :ounty of COLLIER cc: Respondent(s)—Charlotte P. Byers •1 HEREBY CERTIFY THAT this is a '' Collier Co. Code Enforcement Dept. flt� ; orrect cooy or a oocument on Ma in - Board Minutes and Recaros of CofUar Cas & ffthIs OVII E. BROG CLEM Of COUN'T'S . ' k2-1 BOARD OF COUNTY COMMISSIONERS C./Collier County, Florida Petitioner, vs. Case No. CESD20110004735 Charlotte P. Byers Respondent(s), STIPULATION/AGREEMENT COMES NOW, the ,ned undersi �'q t rs , on behalf ofy/use undersigned, / P y 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 CESD20110004735 dated the 2nd day of April, 2012. 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 S er)i, 24",/q-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. Permit#2011050244 issued for replacement windows expired without final inspection and/or certificate of occupancy. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$1'/Z.°incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permits(s) or Demolition Permit, inspections and Certificate of Completion/Occupancy within /8O days of this hearing or a fine of$X5'0, "° 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 violation using any method to bring the violation into compliance 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. Mt/ wiff , P. 5,0,5 hFs 5 /Uc„ e-tr/ssie.1 rte•~ Me M 5: n K,%s Pgveeme.,+ AG/ f eti</ 7)141,m 0, Respondent or R presentative (sign) Di Flagg, Director -F_ar Code Enforcement Department rM 1�Y ../qs 9/6l2-0,z Respondent or Representative (print) Date 9 G /, z Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110016621 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. SABAL PALM DEVELOPMENT 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 September 7, 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 May 18, 2012, Respondent was found guilty of violation of Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article VI, Section 22-243 (3), method for designation and elimination of hazardous buildings 22-236 for a roof on the building that is dilapidated and collapsing, which violation occurred on the property located at 15450 Tamiami Trail N, Naples, FL Folio#142680003 (Legal Description: 9 48 25 S332FT OF N732FT OF S1/2 OF N1/2 OF LYING E US 41). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before May 25, 2012, or a fine of$250.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4804, PG 2692). 3. Operational costs of$112.64 incurred by the County in the prosecution of this case have been paid. 4. Abatement costs of$6,283.00 incurred by the County have been paid. 5. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing, and no legal defense to the Motion was presented. 6. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 7. The violation has been abated as of July 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 and no accrued fines are imposed. DONE AND ORDERED this 341„day of ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE • A . i/ '��DA C. GARRE 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—Sabal Palm Development LLC Collier Co. Code Enforcement Dept. tai* o. F v;hit3� ;minty of COLLIO I HEREBY CERTIFY THAT this is SOW , :orrect cony or a aocument on fb� Board Minutes and Recoras of Coil* N'TNESS my nano and official I SAY easy of ' ao J1Ni E. EMMA, ERK Of COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20120005716 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSOCIATION INC., Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Santa Barbara Landings Property Owner's Association Inc., 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 201 Santa Clara Drive, Naples, Florida, Folio#400200002 (Legal Description: 4 50 26 THAT PORTION OF THE W1/2 OF W1/2 OF NW 1/4 DESC IN OR 3920 PG 1403, LESS THAT PORTION NKA GRANADA LAKES ), is in violation of Collier County Code of Laws, Chapter 54, Article VI, Sections 54-184 in the following particulars: Litter and debris consisting of wood, paper,furniture,plastic, broken bicycles, etc. located throughout the property. 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 54, Article VI, Sections 54-184. B. Respondent must abate the violation by removing all litter from the property to a site intended for final disposal or storing desired items within a completely enclosed structure on or before September 14, 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 $113.08 on or before October 7,2012. E. Respondent shall notify the Code Enforcement Investigator, Tony Asaro, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this c\ Kday of , 2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE B' 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)—Santa Barbara Landings Property Owner's Assn Inc. Collier Co. Code Enforcement Dept. ,7A .% 0A .ounty of COLLIEN HEREBY CERTIFY THAT this M !trial : ;orrect cooy or a Document on 114 ;z". -- '.- 3oard Minutes and Recoros of 0011 'CC * N�s ►nv na o ano official l d1M: .� ay of • ( IG E. BROGI(, Of p)U „ n...i-r:ti COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—S0134968-CEEX20120010596 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, vs. GUADALUPE R. VELAZQUEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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 Robert Halman, and is being contested by the Respondent, Guadalupe R. Velazquez, 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. 3. Collier County Sheriffs Deputy Robert Halman was not present at the 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. The citation issued to the Respondent for violating the above-referenced ordinance is dismissed. *** OR 4837 PG 1963 *** DONE AND ORDERED this i day of Se �. ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE OA Oj .i ► sue, � "* l A C.GARRE? ' 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 fmal 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—Guadalupe R.Velazquez, Collier Co.Code Enforcement Dept. Szatss c: F u;RUM n.iii: :aunty of COLLIER ' I HEREBY CERTIFY THAT this Is a true .- orrect CoDy of a document on Bo in E"3'U/ °, Board Minutes and Records of Coi_tle[.lo. "'•••. Az my ha a Official Slid atilt V.4.0;:3 -* OWl= E. BROC CLERK OF N. v COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEAU20110003326 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CHANTELL VIDAL AND EVELINA VIDAL, Respondents. 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 February 3, 2012, Respondent was found guilty of violation of the Florida Building Code, 2007 Edition, Chapter 1 Permits, Section 105.1, as amended, for a new fence that has been installed with no permits issued, which violations occurred on the property located at 843 106th Avenue N, Naples, Florida, Folio#62520480009 (Legal Description: NAPLES PARK UNIT 1 REPLAT BLKS 4+ 5, LOT 16). 2. An Order was entered by the Special Magistrate ordering Respondents to correct the violation on or before June 3, 2012 or a fine of$100.00 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 4765, PG 391). 3. On September 6, 2012 Respondent filed a Request/Motion for Extension of Time to Comply which is attached hereto as Exhibit A. 4. The operational costs of$112.47 have been paid. 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. Respondents' Request/Motion for Extension of Time to Comply is granted. B. The time for which Respondent is to comply has been extended for six months. C. No fines shall accrue during the extension period. DONE AND ORDERED this ItA Y`day of e -1-, , 2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE / Oa / I J.I L� fili B t NDA C. GARR SON 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 —Chantell Vidal and Evelina Vidal Collier Co. Code Enforcement Dept. Stal I. Li' ` Li,r(11)/k .;panty at COWUEN I HEREBY CERTIFY THAT this Is a MN and ;orrect CODy of a document 0)'n is 4i • `,� 3oard Minutes and Records fl'i ArigSS my nan a Sir`!-Nay of '� T 'a 4.f ----- 3 I . BROCK, C ERK"Of COURTS ,∎� • COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. —CEPM20120005859 BOARD OF COUNTY COMMISSIONERS COI.I IER COUNTY, FLORIDA, Petitioner, vs. SANTA BARBARA LANDINGS PROPERTY OWNER'S ASSOCIATION INC., Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Santa Barbara Landings Property Owner's Association Inc., 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 201 Santa Clara Drive, Naples, Florida, Folio#400200002 (Legal Description: 4 50 26 THAT PORTION OF THE W1/2 OF W1/2 OF NW 1/4 DESC IN OR 3920 PG 1403, LESS THAT PORTION NKA GRANADA LAKES ), is in violation of Collier County Code of Laws, Chapter 22, Article VI, Sections 22-231 (9), (11), (12)(b) and(12)(n) in the following particulars: A broken front entry gate, a missing cover to the electrical box located next to the entry gate, a broken pump station fence, a broken garage door to the storage shed and cracks in the front façade leading to the pool area at the clubhouse. 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, Sections 22-231 (9), (11), (12)(b) and(12)(n). B. Respondent must abate the violation by obtaining all required Collier County Building Permits, if necessary, and Certificate of Completion on or before September 14, 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 $113.00 on or before October 7, 2012. E. Respondent shall notify the Code Enforcement Investigator, Tony Asaro, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this _ day of , 2012 at Collier County, Florida. COWER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 1 �1 �� _ : • NDA C. GARRET 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)— Santa Barbara Landings Property Owner's Assn Inc. Collier Co. Code Enforcement Dept. aiajn as ;4.1,rt tOA ;aunty of C011WEN I HEREBY CERTIFY THAT th, 4 s Weir. ;orrect coot' or a oocument oln tats-. = Board Minutes and Record of (rbt�tterCvMif N NESS my nano a offiCiat t a— this ?Nay or .` JWI H E. BROCK, r9,0,....< COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20120008602 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ALEJANDRA LYNCH, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on September 7, 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, Alejandra Lynch, 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 5330 Broward Street, Naples, Florida, Folio#62260040000 (Legal Description: NAPLES MANOR LAKES BLK 11 LOTS 8 AND 9), is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 181, in the following particulars: Litter on residential property. 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 54, Article VI, Sections 54-179 and 181. B. Respondent must abate the violation by removing or causing to remove any unauthorized accumulation of litter on or before September 14,2012 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 $112.47 on or before October 7,2012. E. Respondent 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 cSP1---. ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 011 Ara NDA C. G ' SON 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)—Alejandra Lynch Collier Co. Code Enforcement Dept. Bury =niuA .:dung cd COLLIER , I HEREBY CERTIFY THAT thi l IiUs ► ,orrect copy of a oocumentpp cus fm Board Minutes and Recoros.ot Corner Oset ' ITN $$ my /UV Off of BROCK.C Of mum