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CESM - Orders 10/05/2012 CODE ENFORCEMENT SPECIAL MAGISTRATE LIENS & ORDERS OCTOBER 5, 2012 HEARING OF THE COLLIER COUNTY SPECIAL MAGISTRATE AGENDA DATE: October 5,2012 at 9:00 A.M. LOCATION: Collier County Government Center,3299 East Tamiami Trail,Building F,3rd Floor,Naples, Florida 34112 NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER—Special Magistrate Brenda Garretson presiding A. Hearing rules and regulations II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES—September 7,2012 IV. MOTIONS A. Motion for Reduction/Abatement of Fines B. Motion for Continuance C. Motion for Extension of Time 1 V. PUBLIC HEARINGS A. Stipulations B. Hearings 1. CASE NO: 50142623-CEEX20120006624 OWNER: RICHARD FLEISHER OFFICER: CORPORAL M.J. PAYNE VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE VIOLATION ADDRESS: SUNTRUST BANK, 801 LAUREL OAK DRIVE,NAPLES 2. CASE NO: S0177953-CEEX20120012433 OWNER: TERESA MONTY OFFICER: DEPUTY L. KELLER VIOLATIONS: CODE OF LAW&ORD., SEC. 130-67 HANDICAPPED SPACE,NO VISIBLE PERMIT VIOLATION ADDRESS: 8970 FONTANA SOL WAY,NAPLES 3. CASE NO: PR048951-CEEX20120012785 OWNER: DANIEL DIAZ OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW& ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: DANFORD STREET, WITHIN ONE MILE OF BAYVIEW LAUNCH,NAPLES 4. CASE NO: PR048995-CEEX20120013437 OWNER: STEVE MORICONI OFFICER: PARK RANGER RICHARD MAUNZ VIOLATIONS: CODE OF LAW&ORD., SEC. 130-66 FAILURE TO DISPLAY PAID LAUNCH RECEIPT VIOLATION ADDRESS: VANDERVILT DRIVE, WITHIN ONE MILE OF COCOHATCHEE PARK,NAPLES 2 5. CASE NO: PU4793-CEEX20120012515 OWNER: WILLIAM J. FOTRE SR TR, ITF SUZANNE M FOTRE TR 4/11/89 OFFICER: INVESTIGATOR TONYA PHILLIPS VIOLATIONS: CODE OF LAW&ORD. 2005-54, SEC. 118-104 3(K,L) YARD WASTE,NOT PROPERLY PREPARED, OUT ON NON-SCHEDULED COLLECTION DAY.NOTICE OF VIOLATION TO CORRECT ISSUED ON 7/31/12, WITH RECHECK DATE SCHEDULED FOR 8/9/12,NO CHANGE IN VIOLATION,TAGGED BY WASTE MANAGEMENT. FOLIO NO: 48170240008 VIOLATION ADDRESS: 2772 BAYVIEW DRIVE,NAPLES 6. CASE NO: PU4831-CEEX20120009279 OWNER: MARBELLA LAKES OWNERS ASSOCIATION INC. OFFICER: INVESTIGATOR RAY ADDISON VIOLATIONS: CODE OF LAW&ORD. 2001-73, SECTION 1.4B(1) CROSSING PROPERTY LINE WITH WATER HOSE FOR CONSTRUCTION AT DIFFERENT FOLIO NUMBER/ADDRESS. FOLIO NO: 56610000208 VIOLATION ADDRESS: 6395 LAGUNA CIRCLE, NAPLES 7. CASE NO: PU4649-CEEX20120009850 OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD OFFICER: INVESTIGATOR JEREMY FLORIN VIOLATIONS: CODE OF LAW& ORD.2001-73, SECTION 1.4 N UNLAWFUL CONNECTION TO A COLLIER COUNTY WATER TEST POINT. THE CONNECTION WAS NOT AUTHORIZED BY COLLIER COUNTY. THE CONNECTION WAS TERMINATED BY THE COLLIER COUNTY WATER DISTRIBUTION DEPARTMENT. FOLIO NO: 72640033407 VIOLATION ADDRESS: 3994 BERING COURT,NAPLES 8. CASE NO: PU4870-CEEX20120009532 OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD OFFICER: INVESTIGATOR MIKE ANDRESKY VIOLATIONS: CODE OF LAW&ORD.2001-73, SECTION 1.4 N, Q A HOSE B.I.B. CONNECTED TO THE CURBSTOP. A 3/4 GARDEN HOSE RAN TO A PRESSURE WASHER.THE SAMPLE POINT WAS BEING USED TO WASH EMPLOYEE HANDS. FOLIO NO: 72640032149 VIOLATION ADDRESS: 3813 COLUMBIA COURT LOT 83,NAPLES 9. CASE NO: PU4535-CEEX20120008981 OWNER: GL HOMES OF NAPLES ASSOCIATES II LTD OFFICER: INVESTIGATOR ALBERTO SANCHEZ VIOLATIONS: CODE OF LAW&ORD. 2001-73, SECTION 1.4 N UNLAWFUL CONNECTION TO WATER OWNED BY DISTRICT WITHOUT CONSENT. FOLIO NO: 72640033407 VIOLATION ADDRESS: 3994 BERING COURT,NAPLES 3 10. CASE NO: DAS12682-CEEX2012001 1934 OWNER: CESAR TREJO OFFICER: OFFICER KYRA LYNCH VIOLATIONS: CODE OF LAW&ORD. 2008-51, SECTION 14-33(A)(2). RUNNING AT LARGE UPON A PUBLIC STREET. VIOLATION ADDRESS: SOUTHWEST BLVD/6TH STREET,NAPLES 11. CASE NO: CESD20120008612 OWNER: EDWARD CHRACEWICZ AND ELZBIETA CHRACEWICZ OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). WORK STARTED WITHOUT PERMITS AND WORKED THROUGH STOP WORK ORDER. FOLIO NO: 00262240006 VIOLATION ADDRESS: 203 WOODSHIRE LANE,NAPLES 12. CASE NO: CEROW20120004592 OWNER: DANIEL J. BARRY OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES, SECTION 110-46 AND SECTION 110-31(a). CULVERT PIPE IN THE ENCLOSED SWALE RUSTED THROUGH AND IN NEED OF REPAIR/REPLACEMENT. FOLIO NO: 62580280003 VIOLATION ADDRESS: 635 104TH AVENUE N,NAPLES 13. CASE NO: CELU20120005445 OWNER: VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03. OUTSIDE STORAGE OF WOOD, METAL, AND OTHER CONSTRUCTION MATERIAL. FOLIO NO: 37997360004 VIOLATION ADDRESS: 3480 I9TH AVENUE SW,NAPLES 14. CASE NO: CENA20120010303 OWNER: BENNETT JOHNSTON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 54,ARTICLE VI, SECTION 54-179. LITTER CONSISTING OF BUT NOT LIMITED TO: LADDERS,WOOD, GROCERY CART, TIRES, BUCKETS, CINDER BLOCK,ETC. FOLIO NO: 36238240004 VIOLATION ADDRESS: 5203 HUNTER BLVD,NAPLES 4 15. CASE NO: CEPM20120007116 OWNER: GW INVESTMENTS LC OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231,SUBSECTIONS 5, 9, 12b, 121,AND 12p. INOPERABLE LIGHT IN LIVING ROOM,HOLES IN INTERIOR/EXTERIOR WALLS, SCREENS MISSING ON ALL SLIDERS AND WINDOWS,MISSING EXTERIOR DRYER VENT COVER. FOLIO NO: 62776720005 VIOLATION ADDRESS: 831 98TH AVENUE N,NAPLES 16. CASE NO: CEPM20120009545 OWNER: JACK FLOYD AND MURIEL FLOYD OFFICER: INVESTIGATOR DANNY CONDOMINA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(1)THROUGH(20),AND SECTION 22-242. UNSECURE DWELLING IN NEED OF REPAIR AND MAINTENANCE, INCLUDING EXTERIOR WALLS,INTERIOR WALLS, ELECTRICAL SYSTEM, DOORS, WINDOWS, AND OTHER AREAS THROUGHOUT DWELLING. FOLIO NO: 759560008 VIOLATION ADDRESS: 11466 LAERTES LANE,NAPLES 17. CASE NO: CEPM20120008691 OWNER: INFINITY SOUTH BAY LLC OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(19). DOCUMENTATION PROVIDED THAT SHOWS ELEVATED MOLD CONDITIONS EXIST IN THE UNIT(#603). FOLIO NO: 74029000868 VIOLATION ADDRESS: 1980 ROOKERY BAY DRIVE UNIT 603,NAPLES 18. CASE NO: CEAU20120008539 OWNER: SCOTT LAMP OFFICER: INVESTIGATOR JIM KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a), FLORIDA BUILDING CODE,2010 EDITION,CHAPTER 1, SECTIONS 105.1, 105.4.1,AND 105.4.1.1. CHAIN LINK FENCE WITH EXPIRED PERMIT IN A STATE OF DISREPAIR. FOLIO NO: 62259800002 VIOLATION ADDRESS: 5306 BROWARD STREET,NAPLES 5 19. CASE NO: CESD20120004515 OWNER: ROSEMARY A. SHUGAR AND MARK THORSON OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a)AND(e). SHED IN REAR YARD AND NO PERMIT OBTAINED. FOLIO NO: 62411160108 VIOLATION ADDRESS: 819 108TH AVENUE N,NAPLES 20. CASE NO: CEAU2012001 1090 OWNER: SILVIA DERRICK OFFICER: INVESTIGATOR ART FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 5.03.02(F)(3). SECTIONS OF STOCKADE FENCE FALLING DOWN ON THE PROPERTY. FOLIO NO: 62704240007 VIOLATION ADDRESS: 616 92ND AVENUE N,NAPLES 21. CASE NO: CEPM20120007449 OWNER: MATTHEW D.WILLIAMS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(i). BROKEN WINDOWS THROUGHOUT THE DUPLEX. FOLIO NO: 29782320005 VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE,NAPLES 22. CASE NO: CENA20120007767 OWNER: MATTHEW D. WILLIAMS OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 54,ARTICLE VI, SECTIONS 54-179, 54-181,AND 54-185(a). LITTER CONSISTING OF BUT NOT LIMITED TO: PET CAGES, WOOD, PLASTIC BUCKETS, PVC PIPING, SINK, BED MATTRESS, AND BROKEN FURNITURE. ALSO WEEDS OVER 18 INCHES. FOLIO NO: 29782320005 VIOLATION ADDRESS: 1378 HIGHLANDS DRIVE,NAPLES 23. CASE NO: CEPM20120011608 OWNER: BETTY FREDERICK EST,AND KAREN L. DONNADIO EST OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI, PROPERTY MAINTENANCE CODE,22- 231(15). UNMAINTAINED SWIMMING POOL. FOLIO NO: 36001560005 VIOLATION ADDRESS: 2975 45TH STREET SW,NAPLES 6 24. CASE NO: CEPM20110013713 OWNER: JOHN A. MCMULLIN JR AND AMY J. MCMULLIN OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-231(12)(n). POOL ENCLOSURE WITH TORN SCREENS. FOLIO NO: 24831240002 VIOLATION ADDRESS: 1223 DELMAR LANE,NAPLES C. Emergency Cases: VI. NEW BUSINESS A. Motion for Imposition of Fines: 1. CASE NO: CEPM20110003436 OWNER: KEVIN W. CARTER AND JENNIFER F. CARTER OFFICER: INVESTIGATOR JOHN CONNETTA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(15). POOL WATER IS BLACK IN COLOR, STAGNANT,AND NOT BEING PROPERLY MAINTAINED. FOLIO NO: 51393480001 VIOLATION ADDRESS: 1910 IMPERIAL GOLF COURSE BLVD,NAPLES 2. CASE NO: CEROW20120000549 OWNER: ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: 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). VEGETATION IN COUNTY RIGHT OF WAY. FOLIO NO: 36110760000 VIOLATION ADDRESS: 4998 23RD COURT SW, NAPLES 3. CASE NO: CEPM20120003671 OWNER: NORMAN C.PARTINGTON OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(i). UNSECURED PROPERTY WITH BROKEN WINDOWS AND DAMAGED EXTERIOR DOORS. FOLIO NO: 38168160003 VIOLATION ADDRESS: 5761 GOLDEN GATE PARKWAY,NAPLES 7 4. CASE NO: CESD20110012635 OWNER: ROCKPORT NAPLES LLC ET AL OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(a). EVIDENCE OF CONSTRUCTION WORK BEING DONE WITHOUT FIRST OBTAINING REQUIRED PERMITS. FOLIO NO: 391600009 VIOLATION ADDRESS: 3807 TAMIAMI TRAIL E,NAPLES 5. CASE NO: CEPM20110017378 OWNER: ERNESTO FLORES AND MARIA FLORES OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22, ARTICLE VI, SECTION 22- 243(1)(2)(a)(b)(c). PROPERTY THAT WAS VACANT,ABANDONED, AND UNSECURED. FOLIO NO: 73180680209 VIOLATION ADDRESS: 618 CLIFTON STREET, IMMOKALEE 6. CASE NO: CEPM20110008324 OWNER: ENCARNACION GARZA AND NANCY O.GARZA OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDING AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-242(b) AND 22-231(12)(C) . HOUSE IN NEED OF SOME EXTERIOR ROOF REPAIRS, PROPERTY HAS BEEN BOARDED WITHOUT A CURRENT BOARDING CERTIFICATE. FOLIO NO: 52650680006 VIOLATION ADDRESS: 218 N 9111 STREET, IMMOKALEE VII. OLD BUSINESS A. Motion to Amend Previously Issued Order: 1. CASE NO: CEPM20100018647 OWNER: TARPON IV LLC OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22-231(12)(1). STRUCTURES WITH EXTERIOR DOORS OPEN TO UNITS AND NOT PROPERLY FITTED WITHIN ITS FRAME,NOT PROVIDED WITH LOCKABLE HARDWARE,NOT WEATHER-TIGHT AND WEATHERPROOF, AND NOT MAINTAINED IN GOOD REPAIR. WINDOWPANES NOT MAINTAINED WITHOUT CRACKS OR HOLES. FOLIO NO: 65070800000 VIOLATION ADDRESS: 616 PALMETTO AVENUE, IMMOKALEE 8 B. Motion to Rescind Previously Issued Order: VIII. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. B. Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. IX. REPORTS X. NEXT MEETING DATE: November 2, 2012 at 9:00 A.M. located at the Collier County Government Center, 3299 East Tamiami Trail,Building F,3rd Floor,Naples, Florida XI. ADJOURN 9 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEROW20120000549 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ROGER DALE MOONEYHAM AND ROXIE MOONEYHAM, Respondents. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on October 5, 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 June 1, 2012, Respondent was 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) for vegetation in county right of way, which violation occurred on the property located at 4998 23`d Court SW, Naples, FL Folio#36110760000 (Legal Description: GOLDEN GATE UNIT 4 BLK 117 LOT). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 1, 2012,or a fine of$100.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4806, PG 3278). 3. Operational costs of$112.20 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing, and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of July 16, 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 granted. B. Daily fines of$100.00 per day are assessed against Respondent for 15 days for the period from July 2, 2012 to July 16, 2012, for a total amount of fines of$1,500.00. C. Respondent shall pay the previously assessed operational costs of$112.20. D. Respondent shall pay the costs of abatement incurred by the county in the amount of$2,550.00. E. Respondent is ordered to pay fines and costs in the total amount of$4,162.20 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this day ,2012 at Collier County,Florida. - SON or c A1PVP:0 ;outwit of cQL li:R'... • COLLIER COUNTY CODE ENFORCEMENT HEREBY CERTIFY TF(l� this s s tali iA� SPECIAL MAGISTRATE :orrect coo)' QtLa docurne*t or file in Board Minutes and Rec�rtdi of Coitier EaSSmy '" h o pffis<lai seal this 4.- cay a-- (A 11141 DWIGHT E. BRtXA, CLERK OF COURTS A •�_ �� ,ingwir,I.AO NDA C. GARRE SON T 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—Roger Dale Mooneyham and Roxie Mooneyham Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110017378 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ERNESTO FLORES AND MARIA FLORES, Respondents. ORDER OF THE SPECIAL MAGISTRATE IMPOSING FINES/LIENS THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines/Liens on October 5, 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 June 1, 2012, Respondent was found guilty of violation of Collier County Code of Laws, Chapter 22,Article VI, Section 22-243(1)(2)(a)(b)(c)for property that was vacant, abandoned, and unsecured, which violation occurred on the property located at 618 Clifton Street, Immokalee, FL Folio#73180680209(Legal Description: SEMINOLE BLK A LOT 33). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 8, 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 4806, PG 3253). 3. Operational costs of$112.12 incurred by the County in the prosecution of this case were ordered to be paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion, did not appear at the public hearing, and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has not been abated as of the date of the hearing. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: A. Petitioner's Motion for imposition of Fines/Liens is granted. B. Daily fines of$250.00 per day are assessed against Respondent for 119 days for the period from June 9,2012 to October 5,2012, for a total amount of fines of$29,750.00. C. Respondent shall pay the previously assessed operational costs of$112.12. D. Respondent shall pay the boarding costs incurred by the county in the amount of$1,910.00. E. Respondent is ordered to pay fines and costs in the total amount of$31,772.12 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. F. The daily fine of$250.00 shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this 54\day of O d---. ,2012 at Collier County,Florida. Stabs or FinFtIDA �� E ty ;ounty of COWER COLLIER COUNTY CODE ENFORCEMENT i HEREBY CERTIFY THAT this b a rtta MO SPECIAL MAGISTRATE :orrect cook,ot;e ent on me IA Board Mindtea an wpr S of Collier Cooly inv t; iailci sell this d o y::. �4t L2 • SW GNT L: BRQai<viL iii t COURTS 1�I.ii i,,�,� NDA C. GARR N �.1iiw ��i' wara�� mop if 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—Ernesto Flores and Maria Flores Collier Co. Code Enforcement Dept. 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 October 5, 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, Daniel J. Barry, 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 635 104`h Avenue N,Naples, Florida, Folio#62580280003 (Legal Description: NAPLES PARK UNIT 2 BLOCK 23 LOT 17), is in 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 is rusted through and in need of repair/replacement. 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, Section 110-46 and Section 110-31(a). B. Respondent must abate the violation by obtaining all required Collier County Right of Way Permits, inspections,and Certificate of Completion/Occupancy to replace culvert pipe on or before November 5,2012 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 $112.38 on or before November 5,2012. E. Respondent shall notify the Code Enforcement Investigator, Dee Pulse,within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 5 T t day of Ocl' . ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 0. vAlek NDAC.GA" 1N 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)—Daniel J. Barry 3t8;i3 OT �+RI `7` .' ` Collier Co. Code Enforcement Dept. y0un�Of COLLIE I HEREBY CERTIFY THAT,this iss s tD* :orrect cooy of a aocurOnt one me In 9oard Minutes and Rettncatbf COW County SSmyh 1 ,ffk nay Y WIGHT E. BROCK,CLEI K !COURTS et Li A cVet COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120011608 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BETTY FREDERICK EST AND KAREN L. DONNADIO EST, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Betty Frederick Est and Karen L. Donnadio Est, 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 2975 45`h Street SW, Naples, Florida, Folio#36001560005 (Legal Description: GOLDEN GATE UNIT 3 BLK 101 LOT 31), 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: Unmaintained swimming 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 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 October 12,2012 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 October 12,2012 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 $112.38 on or before November 5, 2012. F. 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 day of al , , 2012 at Collier County, Florida. ztat. o; c u;RUM .ounry of COUP! f HEREBY CERTIFY THAI h b s true sand COLLIER COUNTY CODE ENFORCEMENT lorrect cony of a ooc,*tment,on file SPECIAL MAGISTRATE Board Minutes and.RecDrotot CoWef Coetltp SS my r o a o I ski this day of l ►� lZ DWIGHT E. BROCK,CLERK OF COURTS rii0A. / NDA C. G ' ' 'ON • P I tkii OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Cofer 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)—Betty Frederick Est and Karen L. Donnadio Est Collier Co. Code Enforcement Dept. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120009545 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JACK FLOYD AND MURIEL FLOYD, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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 I. Respondents, Jack Floyd and Muriel Floyd, 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 11466 Laertes Lane, Naples, Florida, Folio#759560008 (Legal Description: 16 51 27 S1/2 OF W1/2 OF NE 1/4 OF NW 1/4 OF SE 1/4 2.5 AC OR 175 PG 114), 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(1)through(20), and Section 22-242, in the following particulars: Unsecure dwelling in need of repair and maintenance,including exterior walls, interior walls, electrical system,doors,windows, and other areas throughout dwelling. 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(1)through(20), and Section 22-242. B. Respondent must abate the violation by obtaining all required Collier County Demolition Permits, inspections, and Certificate of Completion on or before October 12,2012 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 $112.82 on or before November 5,2012. E. Respondent shall notify the Code Enforcement Investigator, Danny Condomina, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 5day of ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE A /. et '1 NDA C. GA74"1--TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. State Or F'tJ iRIDA ,` county of COLLIE* f' Respondent(s)—Jack Floyd and Muriel Floyd Collier Co. Code Enforcement Dept. I HEREBY CERTIFY T i this$ s•tl O S :orrect coat' or a d - • 'Op file in Board Minutes and'R: u.,as of Collier county �a N S my h • ,.,4 .ffici- this ay $WIGHT E. BROGK, CLERK. NW COURT! i.iw ,e.wrirs,.a COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PU4793-CEEX20120012515 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WILLIAM J. FOTRE SR TR, ITF SUZANNE M. FOTRE TR 4/11/89 Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, William J. Fotre Sr TR, ITF Suzanne M. Fotre TR 4/11/89, 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. 4. The real property located at 2772 Bayview Drive, Naples, Florida, Folio#48170240008 (Legal Description: Gulf Shores BLK 1 LOT 6), is in violation of Collier County Code of Laws and Ordinances 2005-54, Section 118-104 3(K, L) in the following particulars: Yard waste not properly prepared,out on non-scheduled collection day. 5. The violation has not been abated as of the date of the public hearing. 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 denied. B. Respondent is found guilty of violating Collier County Code of Laws and Ordinances 2005-54, Section 118-104 3(K, L). C. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$50.00. D. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of$5.00. E. Respondent is ordered to pay the fine imposed by Collier County Ordinance in this case in the amount of$100.00. F. Respondent is ordered to pay in total $155.00 on or before November 5,2012. DONE AND ORDERED this 5'C + day of 0-j.,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Agit. DA C. GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondents—William J. Fotre Sr TR, ITF Suzanne M. Fotre TR 4/11/89 Collier Co. Code Enforcement Dept. states ca FL AIDA ;,ounry of COLDER • - . HEREBY CERTIFY THAT *I$ $ t'AN ant ;orrect cooy or a oocumentort Me in 3oard Minutes and Recor( E ot_ t1I& ntlaySmyh a o 0 1 of ` ' iW GHT E. BROGK,CLERK O li.COURT$' • --- -41A . _ AM* COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20120007767 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. MATTHEW D. WILLIAMS, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Matthew D. Williams, 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 1378 Highlands Drive,Naples, Florida, Folio#29782320005 (Legal Description: DECKER HIGHLANDS BLK E E 30FT OF LOT 18 + W 30FT OF LOT 19), is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54- 179, 54-181, and 54-185(a), in the following particulars: Litter consisting of but not limited to: pet cages,wood,plastic buckets,PVC piping, sink, bed mattress, and broken furniture. Also,weeds are over 18 inches. 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, 54-181, and 54-185(a). B. Respondent must abate the violation by removing all weeds in excess of 18 inches and removing all litter from the property on or before October 12,2012 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 $112.29 on or before November 5,2012. E. Respondent shall notify the Code Enforcement Investigator,Joe Giannone, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of Cat ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Oa _�: __ ..Ott GARRET-"IN I E NDA C. PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. SUN OT ,RiDA cc: Respondent(s)-Matthew D. Williams Collier Co. Code Enforcement Dept. .Aunty Of COLLIER HEREBY CERTIFY THAT ttu$N •h1I Yd :orrect coot' or a aocumeoewon the rn Board Minutes and Recotaswt Colter County nss my o 'at oay of 'WI .HT E. BROGK,CURIE Of COMM I� I ; COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—S0142623-CEEX20120006624 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. RICHARD FLEISHER, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Melvin Payne, and is being contested by the Respondent, Richard Fleisher,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. 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, Section 130-67. 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 5, 2012. DONE AND ORDERED this day of (f)CA , ,2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE dr* - .1111 I MA& /,, 11 ENDA 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: Respondent—Richard Fleisher, Collier Co. Code Enforcement Dept. atant of Fir AIDA ;aunty of COW L 1 HEREBY CERTIFY T!3AI' It a I rrect coot' of a doCW G file ' 3oard Minutes and Rec _ CIS Cotli f oay of 3WIGHT E. BROCA,CLERK Of COURTS 4 ILO. irs...orT-.3* COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20110008324 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ENCARNACION GARZA AND NANCY O. GARZA, 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 October 5, 2012, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On February 3, 2012, Respondent was found guilty of violation of Collier County Code of Laws, Chapter 22, Building and Building Regulations,Article VI, Property Maintenance Code, Section 22-242(b) and 22-231(12)(c) for a house in need of some exterior roof repairs, property has been boarded without a current boarding certificate, which violation occurred on the property located at 218 N 9`h Street, Immokalee, FL Folio#52650680006 (Legal Description:JOYCE PARK BLK B LOTS 8 + 9 OR 1012 PG 124). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before August 3, 2012, or a fine of$150.00 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 4765, PG 415). 3. Operational costs of$112.12 incurred by the County in the prosecution of this case have been paid. 4. Respondent, having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing, and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of October 4, 2012. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 2010-04, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is denied based on the mitigating circumstances presented by Respondent and no accrued fines are imposed. DONE AND ORDERED this 56aday of at, , 2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ENDA C. GAR'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—Encarnacion Garza and Nancy O. Garllsatrt dD FL sRIDA Collier Co. Code Enforcement Dept. .:Outcry of COLLIER HEREBY CERTIFY MAT Ns le tlys Mit :orrect cooy or a aotime fq:ort file in 3oard Minutes and=.fie«• •s of Cocker Cow* eyS n�i ...fficla 0714h. ..is or 11 ►� �?t' ;WIGHT E. BROGK, CLEM(OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CELU20120005445 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. VINCENTE ANTUNEZ AND SANDRA Y. ZELAYA, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Vincente Antunez and Sandra Y. Zelaya, are the owners of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. 3. Respondents, having been duly notified, appeared at the public hearing and entered into a stipulation. 4. The real property located at 3480 19`h Avenue SW, Naples, Florida, Folio#37997360004(Legal Description: GOLDEN GATE EST UNIT 27 W 180FT OF TR 181), is in violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 in the following particulars: Outside storage of wood, metal,and other construction material. 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 2.02.03. B. Respondent must abate the violation by removing all unauthorized material stored outside to a permitted enclosed structure or to a site zoned for this type of storage or to a site intended for final disposal on or before January 7,2013 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.20 on or before November 5, 2012. E. Respondent shall notify the Code Enforcement Investigator, Danny Condomina, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this SANclay of Cdts„ 2012 at Collier County, Florida. ::idtid o? u;KtL)A .ounty of COLLIMA COLLIER COUNTY CODE ENFORCEMENT I HEREBY CERTIFY THAT this is e tms Mt SPECIAL MAGISTRATE :orrect coot' or a oocumeM on Ma m Board Minutes anO Recoras of Collier Cps* n_ SS my ii a c seal this oat'.of Z - •• �-- WIGHT E. BROCA CLINK it COURTS t NDAC. GA!WON IL PAY 'T 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)—Vincente Antunez and Sandra Y. Zelaya Collier Co. Code Enforcement Dept. 3-E BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20120005445 Vincente Antunez and Sandra Y Zelaya Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Saga n:k on behalf of himself 'r herself 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 CELU20120005445 dated the 23RD 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 October 5, 2012; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 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: Removing all unauthorized material stored outside to a permitted enclosed structure or to a site zoned for this type of storage or to a site intended for final disposal within 90 days of this hearing or a fine of $100 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. "Clv/isc 1 (J/1�d//!�/�' (/ (ter► Respondent or Representative (sign) c ci i Dia lagg, irector Co Enforcement Department 0w (jAe4 ,44.777 J44//t,_ 10 -- 5 - I2 Respondent or Representative (print) Date /7 _ S - oCa Date Le\ Icy C� `� ►' l �S Lcky-td v\ nce�� l.ine� REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEAU20120011090 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SILVIA DERRICK, Respondent. / ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Silvia Derrick, 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 616 92nd Avenue N,Naples, Florida, Folio#62704240007 (Legal Description: NAPLES PARK UNIT 4 BLK 47 LOT 30), is in violation of Collier County Land Development Code, Ordinance 04-41, as amended, Section 5.03.02(F)(3), in the following particulars: Sections of stockade fence falling down on 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 Land Development Code, Ordinance 04-41, as amended, Section 5.03.02(F)(3). 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 November 5,2012 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 $112.38 on or before November 5, 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 Naday of 0,1 ,2012 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE NDA C.GARRET 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. .•. L. R:UA cc: Respondent(s)—Silvia Derrick :ounty of COLLItk • Collier Co. Code Enforcement Dept. HEREBY CERTIFY TWO thq lsa true and :orrect CDDy of a oocurhafl n furs to 3 Joard�+ Minutes and Recorotot'Colllar pawl, my n no •offlc 1 oar of OL I, i l GHT E. BROCA, CLERK Cif COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CENA20120010303 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BENNETT JOHNSTON, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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, Bennett Johnston, 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 public hearing and entered into a stipulation. 4. The real property located at 5203 Hunter Blvd,Naples, Florida, Folio#36238240004 (Legal Description: GOLDEN GATE UNIT 5 BLK 164 LOTS 20+ 21), is in violation of Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 in the following particulars: Litter consisting of but not limited to: ladders,wood, grocery cart,tires,buckets,cinder block,etc. 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, Section 54-179. B. Respondent must abate the violation by removing all the unauthorized accumulation of litter from the property to an appropriate waste disposal facility and by removing any and all abandoned/derelict property from the location in question to a site intended for final disposal or store desired items within a completely enclosed structure on or before November 5,2012 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 $112.29 on or before November 5,2012. E. Respondent shall notify the Code Enforcement Investigator,Jonathan Musse, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 54/N day of Ot„2012 at Collier County,Florida. stabs c U IIUDA '1A.1 .... county of COLUk* Yr OLLIER COUNTY CODE ENFORCEMENT HEREBY CERTIFY THAT this is a tine "'-SPECIAL MAGISTRATE rreCt copy of a ooCument on flu l :oard Minut viSiAscoraS of Collier i SS ftt4i.nano- . Cliff i11 th asY l .� i_ , /. s HT R04 CIX T NDA C. GARRE saG4 frw.+ 1a PAY NT 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)—Bennett Johnston Collier Co. Code Enforcement Dept. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CENA20120010303 Bennett Johnston Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Bennett Johnston, 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 CENA20120010303 dated the 13th day of August, 2012. In consideration of the disposition and res p.Lutio1n of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for (JC 0e.,(" 1 &0\d ; 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. Litter consisting of but not limited to: Ladders, wood, grocery cart, tires, buckets, cinder block, etc. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 11 ZcA incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Removing all the unauthorized accumulation of litter from the property to an appropriate waste disposal facility and remove any and all abandoned/derelict property from the location in question to a site intended for a final disposal or store desired items within a completely enclosed structure within \days of this hearing or a fine of$100.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation a equ 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 n+g, Respo presentative (sign) �l�-D ia gg Director ,Z k r Code Enforcement Department (7;4 ) 5 Respondent or Representative (print) Date Da) a 01 .11 REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—PR048951-CEEX20120012785 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA Petitioner, vs. DANIEL DIAZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 2012, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. The citation was issued by Collier County Park Ranger, Richard Maunz, and is being contested by the Respondent, Daniel Diaz, who has requested the hearing, was given proper notice, but did not appear at the public hearing. 2. Respondent is charged with violating Collier County Code of Law &Ordinances, Section 130- 66, failure to display paid launch receipt. 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, Section 130-66. 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$30.00. E. Respondent is ordered to pay in total $85.00 on or before November 5, 2012.IA DONE AND ORDERED this 5� ,day of OC1-„2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4♦ i . NDA C.GARRETSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent-Daniel Diaz, Collier Co. Code Enforcement Dept. stabs OIL aktW1 r "` 3`f ;ountw of COLLIER lx `. - t I HEREBY t r u s s*s* :orrect copy of a • . • ''Of n_le In ioard Minutes and^ 't •, of Copier ' SS my h n.4 44: t GHT E. BROCA,CURiOlgt COURTS iro,,,,,..-- ____ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CEPM20120007449 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. MATTHEW D. WILLIAMS, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on October 5, 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,Matthew D. Williams, 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 1378 Highlands Drive, Naples, Florida, Folio#29782320005 (Legal Description: DECKER HIGHLANDS BLK E E 30FT OF LOT 18+ W 30FT OF LOT 19), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(12)(i), in the following particulars: Broken windows throughout the duplex. 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(12)(i). B. Respondent must abate the violation by obtaining all Collier County Building Permits, inspections, and Certificate of Completion/Occupancy on or before October 12,2012 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. C. Alternatively, Respondent must abate the violation by obtaining a Collier County Boarding Certificate and board the structure to required specifications on or before October 12, 2012 and obtain all required Collier County Building Permits, inspections, and Certificate of Completion/Occupancy on or before April 5,2013 or a tine of$250.00 per day will be imposed for each day the violation remains thereafter. D. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.29 on or before November 5,2012. 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. V AND ORDERED this Wataa FU sl�> , 2012 at Collier County, Florida. Lot+nry of COWER ' ''; HEREBY CERTIFY INAT.this ie a it COLLIER COUNTY CODE ENFORCEMENT :orrect cooy ot,a dcumeni Ott flee in SPECIAL MAGISTRATE _board Minute.V.A Recotas of Coilierr Cosh* aay of 44 SWIG HT E. 13119M-CLERK.t COURTS ., nn, i ` * t ' 'DA C. GARRETSON T OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the • "'er County Code Enforcement orcement 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)—Matthew D. Williams Collier Co. Code Enforcement Dept. Co te-r County Growth Management Division Planning & Regulation Code Enforcement DATE: October 19, 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. r ';ter, ou�1Y Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—CESD20110012635 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROCKPORT NAPLES LLC ET AL, 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 October 5, 2012, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On April 6,2012,Respondent was found guilty of violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)for evidence of construction work being done without first obtaining required permits,which violation occurred on the property located at 3807 Tamiami Trail E,Naples,FL Folio#391600009(Legal Description: 13 50 25 COMM SE CNR SEC 13, N 1 DEG W 149.72FT TO NLY R/W US 41,N 39 DEG W 3887.45FT TO POB, CONT N 39 DEG W TO A). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before July 6,2012,or a fine of$100.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 4789, PG 1342). 3. Operational costs of$112.73 incurred by the County in the prosecution of this case have been paid. 4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear at the public hearing, and no legal defense to the Motion was presented. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 2010-04 has been timely filed. 6. The violation has been abated as of August 31,2012. ORDER Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010-04, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines/Liens is denied based on the mitigating circumstances presented by Respondent and no accrued fines are imposed. DONE AND ORDERED this 5 day of , , 2012 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE al TAil B ' :►t'D . GA" 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—Rockport Naples LLC ET AL Collier Co. Code Enforcement Dept. _ r siarpi a: r L.,:€tti A .county of COLLIER I HEREBY CERTIFY THAT this Is a true sitf- :orrect copy of a document on'flie lry.a Board Minutes and Recoros of Collier COOfl ` rN ES my nano And official seal this 3w day of 0 t a1 c if E. EIROG CLERK Of COURTS 1 /�