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CESM - Orders 03/2013SPECIAL MAGISTRATE ORDERS MARCH, 2013 Co per C014nty Growth Management Division Planning & Regulation Code Enforcement DATE: March 8, 2013 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 Noah Horseshoe Drive • Naples, Florida 34104 . 239- 252 -2440 • www colliergov. net COLLIER COUNTY CODE ENFORCEMENT SPECIAL AIAGIS "IR -1TE Case No. -- Pt_74535- CEEX20120008981 BOARD OF COUNTY COMMISSIONERS COLhIh�.R COUNTY, FLORIDA Petitioner, vs. GL HOMES OF NAPLES ASSOCIATES II LTD Respondent, ORDER OF THE SPECIAL MAGISTRATE J I -I IS CAUSE came on for public hearing on a joint Motion for Rehearing before the Special Magistrate on December 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 'Ihe citation was issued by Collier County Public Utilities Officer Alberto Sanchez, who has requested the hearing on a Joint Motion for rehearing. The Respondent, GL Homes of Naples Associates II I:1'D, was given proper notice, and entered into a stipulation.. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances 2001 -73, Section 1.4 N, in the following particulars: Unlawful connection to water owned by district without consent. ORDER Based upon the foregoing Findimgs of Fact and Conclusions of Law and pursuant to the authority granted in Chapter 162, 1 lorida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDI 'It FD: ��. Based on the Stipulation attached hereto and incorporated by reference herein, no finding is made v,ith respect to Respondent's guilt concerning violation of(' ollier C:ounn! Code of Laws and Ordinances 2001 -73, Section 1.4 N. B. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of 550.00. C. Respondent is ordered to pay the administrative fee incurred i amount of $5.00. n prosecuting this case in the D. Respondent is ordered to pay the civil penalty imposed by Collier County Ordinance in this case in the amount of $350.00. E. Respondent is ordered to patio in total 5405.00 on or before March 30, 2013. F. Respondent is further ordered to a >tnplete all required education, as agreed to in the Stipulation, which has been accomplished. G. This Order supersedes and replaces the prior Order entered in this case on December 7, 2012 which is no longer valid. DONE AND ORDERED this day of March , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISI'ILVYE C . Irenda 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 csecution 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 part- to obtain a transcribed record of the hearing from the Clerk of Courts. I dhng an ;appeal will not automatically stay the Special Magistrate's Order. Cc Respondent -GI. I lorries of Naples _lssociatcs 11 1:1'D, COLLIER COUNTY CODE ENFORCEMENT OFFICE OF THE SPECIAL MAGISTRATE BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner Special Magistrate Case Nos.: ' PU4535 — CEEX20120008981 PU4649 — CEEX20120009850 PU4870 — CEEX20120009532 G.L. HOMES OF NAPLES ASSOCIATES II, LTD., Investigators: Sanchez (PU 4535), Florin (PU Respondent 4649), and Andresky (PU 4870) Citation Nos.: PU 4535, PU 4649, PU 4870 STIPULATION/AGREEMENT COMES NOW, the undersigned, Heather C. Keith, Esq., as representative of G.L. Homes of Naples Associates II, Ltd. ( "Respondent") and enters into this Stipulation /Agreement with Collier County ( "County") as to the resolution of the following Citations: Citation No. PU4535, dated the 8"' day of June, 2012; Citation No. PU4649, dated the 27"' day of June, 2012; and Citation No. PU4870, dated the 21'1 day of June, 2012 In consideration of the disposition and resolution of the matters outlined in said Citations for which a hearing is currently scheduled for December 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 agree as follows: 1) Citations Issued: Respondent stipulates that the above referenced citations were issued to Respondent. 2) Citation No. PU 4535: Respondent disputes its own direct responsibility for the violation described in the Citation No. PU 4535; however, Respondent recognizes the County Is seeking to hold property owners responsible for the actions of its contractors within Collier County. Although the Parties disagree on the Respondent's liability, the Parties have agreed to amicably resolve Citation No. PU 4535 based on the terms outlined herein. 3) Education: Respondent agrees to prepare and distribute a memo to all of its direct employees and direct contractors working in the RiverStone at Naples residential community which memo shall stress the importance of complying with the Collier County Utility Code and warning that violations of the Utility Code, including the unauthorized use of water, will not be tolerated. Respondent agrees to distribute said memo to its direct employees and direct contractors within thirty -five (35) days of the full execution of this Stipulation. 1 of 2 V 11.29.12 i 4) ar4 Pena : Respondent agrees to pay a civil penalty in the amount of $350 for Citation No. PU 4535. Payment shall be made to Collier County within ten (10) business days of the full execution of this Stipulation. 5) Acknowledgement Future E1] ment: Respondent acknowledges that it is subject to all of the legally enforceable requirements and provisions of the Copier County Utility Code on any future violations. The Parties agree that they each shall retain all rights and defenses as appropriate In regards to any future enforcement Issues or citations that may arise, including any rights and defenses relating to repeat violations, regarding Collier County Public Utilittes. 6) Dismissals: County confirms that Citation Numbers PU 4649 and PU 4870 are dismissed with prejudice and that Citation No. PU 4535 shall be fully resolved upon payment of the devil penalty referenced in paragraph 4 above. 7) Fees/Costs: Each Party shall bear its own attorneys' fees and costs in connection with these matters. Heather C. Keith, Esq. Atto//rnney For Respondent Date Investigator Al Sanchez for If County l(o i"�- V 11.29.12 COLLIER COUNIY CODE ENFORCF,%IF.NI' SPECIAL MAGISTRATE Case No. — PU4831- CEEY20120009279 BOARD OF COUNIY COMMISSIONI "16 COLLIER COUNTY, FLORIDA Petitioner, vs. NIARBELLA LAKES OWNERS ASSOCIATION, INC. Respondent. ORDER OF THE SPECIAL MAGISTRATE 'PHIS CAUSE came on for public hearing on a Joint Motion for Rehearing before the Special Magistrate on March _, 2013, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Iindings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT The citation was issued by Collier County Public Utilities Officer Ray Addison, who has requested the hearing. The Respondent, Marbella Lakes Owners Association Inc., was given proper notice, and entered into a stipulation. 2. Respondent is charged with violating Collier County Code of Laws and Ordinances 2001 -73, Section 1.4 B, Subsection 1, in the following particulars: Crossing property line with water hose for construction at different folio number address. ORDER Based upon the foregoing Findings of Fact and Conclusions of I.aw, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED: A. Based on the Stipulation attached hereto and incorporated by reference herein, no finding is made with respect to Respondent's guilt concerning violation of Collier County Code of Laws and Ordinances 2001 -73, Section 1.4 B, Subsection 1. 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 adnninistrative fee incurred in prosecuting this case in the amount of 55.00. D. Respondent is ordered to pay in total $55.00 on or before March 30, 2013. I",. Respondent is further ordered to complete all required education, as agreed to in the Stipulation, which has been accomplished. F. This Order supersedes and replaces the prior Order entered in this case on December 7, 2012 which is no longer valid. 1 st DONE AND ORDERED this day of March , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL TNLI�GISTRAVfl- PA1'�11; "1' 01 lI \IFS 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 confuniation 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. C(--' Respondent- Marbella Ickes Owners Association Inc., State of Florida County of COLLIER ` 114EREEY CERT,F'1T,rthis;, a true ancf ccrect cc,;y of a dcrUrrr -- on .file in - E':7fC COIIiPr C✓ourAy ��- 1auy G`r�ri HT E. BRO-K, CLERK OF COURTS C. COLLIER COUNTY CODE ENFORCEMENT OFFICE OF THE SPECIAL MAGISTRATE BOARD OF COUNTY COMMISSIONERS Collier County, Florida, Petitioner Special Magistrate Case No.: vs. PU4831 — CEEX20120009279 MARBELLA LAKES OWNERS ASSOCIATION, INC. Investigator. Addison Respondent Citation No.: PU 4831 STIPULATION /AGREEMENT COMES NOW, the undersigned, Heather C. Keith, Esq., as representative of Marbella Lakes Owners Association, Inc. and enters into this Stipulation/Agreement with Collier County as to the resolution of Citation No. PU4831, dated the 14"' day of June, 2012. In consideration of the disposition and resolution of the matters outlined in Citation PU4831 for which a hearing is currently scheduled on December 10, 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) Citation Issued: Respondent admits that Citation PU 4831 was issued to Respondent by Investigator Addison on June 14, 2012 for an alleged violation of Ord. No. 2001 -73, Section 1.4.13.1. The Citation indicates that an unauthorized use of water occurred by "crossing property lines with water hose for construction at different folio number /address°. Although Respondent denies it was the party in violation, and denies that a civil penalty is an appropriate remedy for this Citation, for purposes of reaching an amicable resolution, Respondent stipulates that its contractors and /or subcontractors did cross property lines utilizing water at a different address and Respondent acknowledges that Section 1.4.13.1 indicates that written consent from the District is required in the event that the Respondent wishes to utilize water across property lines for the benefit of a different folio number /address. 2) Education: Respondent agrees to request that Marbella Lakes Associates, LLC, the developer of the Marbella Lakes residential community, distribute a memo educating its direct employees and direct contractors working in Marbella Lakes on the importance of complying with the Collier County Utility Code and warning that violations of the Utility Code, including the unauthorized use of water, will not V 11.29.12 1 be tolerated. Respondent agrees to request that the developer distribute said memo within thirty -five (35) days of the full execution of this Stipulation. 3) Civil Penalty: The Parties agree no civil penalty shall be assessed against Respondent for this Citation. 4) Acknowledgement Future Enforcement: Respondent acknowledges that it is subject to all of the legally enforceable requirements and provisions of the Collier County Utility Code on any future violations. The Parties agree that they each shall retain all rights and defenses appropriate in regards to any future enforcement issues or citations that may arise regarding Collier County Public Utilities, including any rights and defenses relating to repeat violations. 5) Fees /Costs: Each Party shall bear its _ own attorneys' fees and costs in connection with this matter. Heather C. Keith, sq. Attorney For Respondent Date 410- —Z Investi for Ray Addison For Collier County Date ' V 11.29.12 COVIeV C014Mty Growth Management Division Planning & Regulation Code Enforcement DATE: March 18, 2013 TO: Trish Morgan, Clerk of Courts - Records FROM: Jon 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. — PR049342- CEEX20130000744 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. SCOTT BULLENS, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 The citation was issued by Collier County Park Ranger, Petillo Jones, and is being contested by the Respondent, Scott Bullens, who has requested the hearing, was given proper notice, but did not appear at the public hearing. Respondent is charged with violating Collier County Code of Law & Ordinances, Section 130- 66. Unlawful area. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED: A. Respondent is found 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 April 1, 2013. DONE AND ORDERED this p�- day of POCCt—, , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE i 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 - Scott Bullens, Collier Co. Code Enforcement Dept. SIa�,e of Firma Cotes/ of COWER I HEREBY CERTIFY THAT this is a true and Corred co, d'a"�r©n file in Board f es and.��or�6�f !✓olfier County WITItiE m "d�rrd'offic real this ` day of ��"-- t- DWIGK E.�RO�IG, e ERK`OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — DAS13019- CEEX20130001945 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. VICTOR RODRIGUEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 The citation was issued by Collier County Domestic Animal Service Officer, Andra Doherty, and is being contested by the Respondent, Victor Rodriguez, 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 2008 -51, Section 14- 32(A). Failure to obtain a county license. 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 2008 -51, Section 14 -32 (A). 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 $7.00. 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 $157.00 on or before April 1, 2013. DONE AND ORDERED this day of _ MY Cj4, 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE RENDA 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 — Victor Rodriguez, Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HER�84W If ff4V this is a true and correct cSaY'of,dert���i fi in iru 2reeerd Collier County ttay,f Q this 11 VP K, D'NIG�f'� -�QF COURTS q cf = € D`C -- COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — DAS13018- CEEX20130001954 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. VICTOR RODRIGUEZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 The citation was issued by Collier County Domestic Animal Service Officer, Andra Doherty, and is being contested by the Respondent, Victor Rodriguez, who has requested the hearing, was given proper notice, but did not appear at the public hearing. Respondent is charged with violating Collier County Code of Law & Ordinances 2008 -51, Section 14- 32(A). Failure to obtain a county license. 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 2008 -51, Section 14 -32 (A). 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 $7.00. 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 $157.00 on or before April 1, 2013. DONE AND ORDERED this day of M AC 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ., PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent — Victor Rodriguez, Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy bdtlrbatrfile in Board Miriul 3n-d'R ds- nouier County WITNESS% %y � aad gal *this d$yof. DWIGI4T� BP06K.- Rl..QZ COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CELU20120017531 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. ROBERT GODIN AND ISABELLE GODIN Respondents, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondents, Robert Godin and Isabelle Godin, 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 2625 47`h Avenue NE, Naples, Florida, Folio #39835880000 (Legal Description: GOLDEN GATE EST UNIT 63 W 105FT OF TR 56), is in violation of Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03 in the following particulars: Storage of unauthorized materials on a trailer and on the estates zoned 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 04-41, as amended, Sections 1.04.01(A) and 2.02.03. B. Respondent must abate the violation by removing all storage of unauthorized materials from the trailer and the Estates zoned property or properly store the unauthorized materials in a completely enclosed structure on or before March 8, 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 $112.56 on or before April 1, 2013. E. Respondent shall notify the Code Enforcement Investigator, Eric Short, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of MYCA,2013 at Collier County, Florida. _b� COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s) — Robert Godin and Isabelle Godin Collier Co. Code Enforcement Dept. State of Florida County of COLLIER THAT this is a true and Dpy dr,5 do nt On file in it eft 6f County seal this gROCK, CL`1`RK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CENA20120016260 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. NIAN FINANCING CORP. Respondent, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Nian Financing Corp., 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 2073 55`h Terrace SW, Naples, Florida, Folio #36304760007 (Legal Description: GOLDEN GATE UNIT 6 BLK 188 LOT 34), is in violation of Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54 -179 in the following particulars: Litter consisting of but not limited to: tires, buckets, tools, appliances, cans, baskets, grocery cart, window, screening, wood, containers, coolers, toilet, 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 and Ordinances, 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 removing 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 on or before March 8, 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 $112.38 on or before April 1, 2013. 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 S� day of , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE ,-Oq , -F-w* t, 4 W,., W.ZM 10� IN 02=24-1 . . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s) — Nian Financing Corp. Collier Co. Code Enforcement Dept. State of Florida County of COLLIER H.Eng�(30 TT 4,bAT-this is a true and correct�bpy of. UmI oEi file in Bo�rfinutesrci°SOCollier County WiTAESS my' hand any oOffc aEseat this . ^t q E, OCK, : K OF COURTS DWi B COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120001143 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. SARAH JANE HORNER, 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 March 1, 2013, 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 On May 18, 2012, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Sections 22- 231(12)(d) (12)(m), (12)(n), (12)(p), (12)(q), (19)(1), (12)(c) for numerous property maintenance violations at a vacant mobile home, which violation occurred on the property located at 20 Egret Lane, Naples, FL Folio #1206680003 (Legal Description: 24 53 29 LOT 20 UNREC PLAT PLANTATION ISLAND MOBILE HOMES DESC AS:FROM N1 /4 CNR SEC 24, SODEG I TW 740.64FT,). 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 2725). 3. Operational costs of $112.82 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. No Request for Re- hearing or Appeal pursuant to Ordinance 2010 -04 has been timely filed. 6. The violation has been abated as of November 14, 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 day of 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 2 � TA m /-1 2 !. . �. �. 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 —Sarah Jane Horner Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a dQcum,7 nt on file in Board Mint �r:9Rf�ref Collier County �VITNE ��Ojard end 0y seal this DWICi• ipf, B }(, C14KK D5 ;C0.IRTS AP "�� COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120002100 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. OPTION ONE MTG LOAN TRUST, 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 March 1, 2013, 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 On June 1, 2012, Respondent was found guilty of violation of the 2007 Florida Building Code, Chapter 4, Section 424.2.17 and Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Sections 22- 231(12)(c), (15), and (19) for a lanai door that is missing the lower screen panel allowing access into the pool area, framing of HUD approved pool covering is damaged and raising at the corner of the pool allowing water to enter, roof has missing/broken tile, and green mold/algae growing on lanai screen, which violation occurred on the property located at 6524 Highcroft Drive, Naples, FL Folio #68980000243 (Legal Description: QUAIL WEST UNIT ONE, REPLAT BLKS E & F ADDITION, BLK F LOT 8). 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 3262). Operational costs of $112.82 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 January 9, 2013. 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 day of �", 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent —Option One Mtg Loan Trust Collier Co. Code Enforcement Dept. State of Flonda County of COLLIER I HEREBYCl R :\7� 4Xtlhis-is.a true and correct copy - R�?'cament,fiite in Board {t�inuW�'and ;ms s of`V� r County 1411TtES4�f,q h ar`i of, ial.saaFthis 2 = dad :of 26t& 'COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120013543 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. JEAN E. POLCHE AND BRULIA BRUNY, 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 March 1, 2013, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. On December 7, 2012, Respondent was found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22- 231(15), and the 2010 Florida Building Code, Chapter 4, Section 424, 424.2, and 424.2.17 for pool water and pool enclosure not being maintained, which violation occurred on the property located at 4123 Cindy Avenue, Naples, FL Folio #49481480006 (Legal Description: HEIGHLAND VILLA LOT 41 ). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 14, 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 4868, PG 1960). Operational costs of $112.38 incurred by the County in the prosecution of this case have been paid. 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. No Request for Re- hearing or Appeal pursuant to Ordinance 2010 -04 has been timely filed. 6. The violation has been abated as of January 24, 2013. 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 day of _ A*r� , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE POP"!, PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent —Jean E. Polche and Brulia Bruny Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HEREB� CERTIFY-THAT this is a true and t�¢h�roAit on file in correct'c�p� go�ry�itwtes a ec�s of Collier County WIT 4y oeci i t seal this DK, C Rx OF COURTS 1Nf�HT, E BROO COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEV20130000329 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. DEBORAH J. HANCOCK, Respondent, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Deborah J. Hancock, is the owner of the subject property. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. Respondent, having been duly notified, did not appear at the hearing. 4. The real property located at 848 104th Avenue N, Naples, Florida, Folio #62416081004 (Legal Description: NAPLES PARK UNIT 1 BLK 8 LOT 44 OR 1327 PG 1721), is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130 -96 (a), in the following particulars: Recurring violation of a boat stored in the driveway. 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 -96 (a). B. Respondent must abate the violation by relocating vehicle /equipment to an enclosed structure, rear yard, adjacent to waterway (as permitted), carport, or remove offending vehicle /equipment from area zoned residential on or before March 6, 2013, 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 April 1, 2013. 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 1 �l day of , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s) — Deborah J. Hancock Collier Co. Code Enforcement Dept. State of Florida County of COLLIER--- Ty Cr I HERE�Y� T�f�`THAk -N'� i6 a true and correct c' /.off orila irY Boar4J, uf!t? of (!*it*-County WIT, my qft3�l�a,3ndbtfic +al dal r<his dpi :o"r f .5r•r f � ... DWIGHT i1' SQK, OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEV20120017037 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. STEVEN C. HAPPNEY, Respondent, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Steven C. Happney, 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. Respondent, having been duly notified, appeared at the public hearing and entered into a stipulation. 4. The real property located at 45 Derhenson Drive, Naples, Florida, Folio #49581760008 (Legal Description: HENDERSON CREEK PK 1 ST ADD BLK H LOT 45), is in violation of Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130 -96 (a), (b), Section 130 -97 (1), (2), (3), (4), and (5) in the following particulars: Improperly stored commercial and recreational vehicles 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 Code of Laws and Ordinances, Chapter 130, Article IIl, Section 130 -96 (a), (b), Section 130 -97 (1), (2), (3), (4), and (5). B. Respondent must abate the violation by properly storing and parking all vehicles, commercial and recreational, or remove all vehicles on or before March 8, 2013, 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 $112.56 on or before April 1, 2013. E. Respondent shall notify the Code Enforcement Investigator, Tony Asaro, within 24 hours of abatement or compliance so that a final ins ection may be performed to confirm compliance. DONE AND ORDERED this I - day of , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE II rs..... �Ii� .. 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) – Steven C. Happney State of Florida Collier Co. Code Enforcement Dept. County of COLLIER ``,,���� r T� is a true and' I HEREBY, G`!�`� correct cAtR r-, do2nrr�fA oAie in Board Cllier County JVITfdE4— , y ha ad and o 'ial:seal this 2 ey 9f ' CD) WIGHT %� CK. CLERK F COURTS �- _ q C. BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Steven C. Happney Petitioner, Respondent(s), Case No.CEV20120017037 ST ULATION /AGREEMENT S�a,4 6\ Wn,W� � 'J 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 CEV20120017037 dated the 30th day of November, 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 $ I lash incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Properly storing and parking all vehicles (commercial and recreational) within 7 days of this hearing or a fine of 5$ 0.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bri g the violation into compliance and may use the assistance of the Collier County Sheriff's Office to en orce the provisions of this agreement and all costs of abatement shall be assessed to the property own r. 1 � `'1 J R porident or ative (sign) Diane Flagg, Director r�&fid j Code Enforcement Department JA /-Respondent or Repres ative (p tint) Date j —� Date l j,-H,. � �c REV 1/2/13 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CESD20120002518 BOARD OF COUNTY COMMISSIONERS COLLHR COUNTY, FLORIDA, Petitioner, VS. CONSTANTIN VERDES AND KATHY V. VERDE S, 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 March 1, 2013, 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 On November 2, 2012, Respondent was found guilty of violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the 2010 Florida Building Code Section 105.1 for a fence erected on the property line without first obtaining all required Collier County permits, inspections, and certificate of completion, which violation occurred on the property located at 3700 Golden Gate Blvd W, Naples, FL Folio #36762600000 (Legal Description: GOLDEN GATE EST UNIT 4 TR 48). 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before December 2, 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 4855, PG 2793). Operational costs of $112.56 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. No Request for Re- hearing or Appeal pursuant to Ordinance 2010 -04 has been timely tiled. The violation has been abated as of December 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 _day of '2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 7 74 to �►, 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 —Constantin Verdes and Kathy V. Verdes Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and ccrrcct copyf'. r gent on file in f ` of Collier County VJ {j �':trvf`. of S61 this ay'� �� n C'J1lG�iT E rBRCCK, OLEWtF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — PU4931- CEEX20130000845 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. TIMOTHY J. WINSCHEL, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent is charged with violation of Collier County Code of Laws and Ordinances 90 -125, Section A, in the following particulars: Irrigation running outside of allowed times. 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 day of 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE MR K-WV Q A fi, 7, =X- GARRETSON cc: Respondents — Timothy J. Winschel Collier Co. Code Enforcement Dept. State of Florida County of COLLIER it a true and I HERERYJQX� 4 . a- Ylv0de" correct c County Bo er sA this • I wm !k m I PMEW COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120016343 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. RANDY T. BAUM, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 I . Respondent is charged with violation of Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(12)(i) and 22- 231(12)(p), in the following particulars: Damaged exterior and interior walls and damaged windows. 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 k k- day of 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE �,. FWZEGARR VE cc: Respondents — Randy T. Baum Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HERE cor�e��pY d � g��c'}.fu'ti�uts�. and R� WR*�S'0cu� a� DWI TE. O�i* AT this is a true and �,,pt on file in ��s of Collier County 8fflcial seal this K OIF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120015094 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. HOWARD N. BAYLESS, Respondent, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Howard N. Bayless, 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 2650 66`h Street SW, Naples, Florida, Folio #38107360000 (Legal Description: GOLDEN GATE EST UNIT 29 S 150FT OF TR 77 OR 846 PG 725), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, 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, 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 March 8, 2013, 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 March 8, 2013 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 $112.64 on or before April 1, 2013. F. 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 �A 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE 4r �• a R Rs 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) — Howard N. Bayless Collier Co. Code Enforcement Dept. State of Florida Country of COLLIER --a T1FY THAT this is a true and file in r° a �a r:rds cf Ccllier County 41 spa! this der INtGF�T€. C;�LE^. OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120016145 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CHAD C. DIXON, Respondent, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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, Chad C. Dixon, is the owner of the subject property. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. Respondent, having been duly notified, did not appear at the hearing. 4. The real property located at 2313 Kings Lake Blvd, Naples, Florida, Folio #53000240008 (Legal Description: KINGS LAKE UNIT 3 BK L LOT 4 ), 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 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 March 8, 2013, 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 March 8, 2013 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 April 1, 2013. F. Respondent shall notify the Code Enforcement Investigator, Vicki Giguere, within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this L5t day of ACUTL , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE lI]i" • OA 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) — Chad C. Dixon Collier Co. Code Enforcement Dept. 6; it o; 1 1..,..:1-3 County of COLLIER I HFREBV.C� ' I'F kT this is a true and correct. �.a nt bi? Win ,R_— f 'ofiier County Wit offtcflt sea4 This COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - CEROW20120007725 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. TOMASZ ULRICH, RICHARD CAMPANELLA, AND TERRY CAMPANELLA Respondents, ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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, Tomasz Ulrich, Richard Campanella, and Terry Campanella, 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. Respondent Richard Campanella, having been duly notified, appeared at the public hearing and entered into a stipulation. 4. The real property located at 257 Egret Avenue, Naples, Florida, Folio #27633480009 (Legal Description: CONNER'S VANDERBILT BCH EST UNIT 3 BLK S LOT 34), is in violation of Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division 1, Sections 110- 30 and 110 -31(a) in the following particulars: Culvert area is collapsed and drainage is obstructed. 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, Article II, Division 1, Sections 110 -30 and 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 for the repair of the culvert on or before September 1, 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 $112.29 on or before April 1, 2013. 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 of R , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE �,..,: ' A . AI 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) — Tomasz Ulrich, Richard Campanella, and Terry Campanella Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HEREBY CERTIFY -PTH� correct copyg€ a; Eoard PAi {(Aes �Ad a/`t �/�I vA CWf4Ti gli, r.' this is a true and on file in vof.Collier County �A�I seal this RK40F COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Tomasz Ulrich and Richard & Terry Campanella Respondent(s), Case No. CEROW20120007725 STIPULATION /AGREEMENT 4111 Towot5Z Ulf * ck AEI) arid T YI' M�A COMES NOW, the undersigned, 2 j ChQra Camp""" 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 CEROW20120007725 dated the 23rd, 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 ; 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. Collier County Code of Laws and Ordinances, Chapter 110, Article ll, Division 1, Sections 110 -30 and 110 -31(a) THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 112,2q incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Right of Way Permit(s), inspections, and Certificate of Completion /Occupancy for the repair of the culvert within Xdays of this hearing or a fine of $100.00 per day will be imposed until the violation is abated. I W 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 ow r. Respondent or Representative (sign) RespondeWor Repr)sentative (print) 3 3 Date q For Dian agg, Director Code 'Enforcement Department /1401rch 15f , 2013 Date REV 1/4/12 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20130000713 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. ROMONA GARCIA, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Romona Garcia, 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 6872 Trail Blvd, Naples, Florida, Folio #67284960006 (Legal Description: PINE RIDGE EXT BLK N LOT 13), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22 -236 in the following particulars: Structure has been declared to be unsafe and dangerous by the Collier County building official. 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 -236. 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 11, 2013 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 on or before March 11, 2013 and obtain all required Collier County building or demolition permits, inspections, and certificate of completion/occupancy, and either restore the structure to a permitted condition, or remove the structure on or before September 1, 2013 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 April 1, 2013. F. 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 day of (C�N , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent(s) — Romona Garcia Collier Co. Code Enforcement Dept. State of Florida County of COLLIER E I H� M . L.t J� HAT., this is a true and i1 %ht on file in of Collier County seal this OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEPM20120017264 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARMEN CHIODO, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 1, 2013, 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 Respondent, Carmen Chiodo, is the owner of the subject property. Respondent was notified of the date of hearing by certified mail and posting and the Special Magistrate has jurisdiction of this matter. Respondent, having been duly notified, was represented by Attorney Rebecca Vaccariello at the public hearing, who entered into a stipulation. 4. The real property located at 168 Coral Vine Drive, Naples, Florida, Folio #65221800008 (Legal Description: PALM RIVER EST UNIT 1 LOT 45 + BEG AT MOST ELY CNR LOT 46, S 56 DEG W ALG S LOT LI 126.06FT TO E R/W CORAL VINE), is in violation of Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22 -231 (12)(i), Section 22 -231 (15) and Section 22 -242 in the following particulars: Damaged garage door, broken glass windows, broken and missing glass pieces on side door, doors not secured, windows not secured, and unmaintained 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, Article VI, Section 22 -231 (12)(i), Section 22 -231 (15) and Section 22 -242. B. Respondent must abate the violation by obtaining all required Collier County building permits, or demolition permit, inspections, and certificate of completion/occupancy and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure on or before March 11, 2013 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 on or before March 11, 2013 and obtain all required Collier County building or demolition permits, inspections, and certificate of completion/occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure on or before September 1, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. D. Respondent must further abate the violation by 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 March 11, 2013, or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. E. 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 March 11, 2013 or a fine of $250.00 per day will be imposed for each day the violation remains thereafter. F. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary, the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. G. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $112.82 on or before April 1, 2013. H. 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 Ii� day of 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE FormI I R.�•� , 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) — Carmen Chiodo Collier Co. Code Enforcement Dept. State of Florida County of COLLIER I HERESY,G*0 iblis is a true and correct.e 6,i� He in Q f Eoar�'t#utc-` RedoA9�Oi,ier County VVlTj,la3' ' a olf%ed Seal this COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Carmen Chiodo Case No. CEPM20120017264 Respondent(s), STIPULATION /AGREEMENT Il�' C C G�- (� Cttfy� -�t,i' �7w� �� •�, � � 6int� COMES NOW, the undersigned, V'( 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 CEPM20120017264 dated the 19th day of November, 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 kfx�n 1120'1�j 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 $112.9curred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: A. Obtaining all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion /Occupancy, and either restore the structure to a permitted condition -:v3C consistent with the Collier County Property Maintenance Code, or remove the structure within IU T days of this hearing, or a fine of $250.00 a day will be imposed for each day the any violations continue. B. Alternatively, obtain a Collier County Boarding Certificate and board the structure within 10 days of this hearing AND obtain all required Collier County Building or Demolition Permits, inspections, and Certificates of Completion /Occupancy, and either restore the structure to a permitted condition consistent with the Collier County Property Maintenance Code, or remove the structure within 180 days of the boarding certificate issuance, or a fine of $250.00 a day will be imposed for each day the any violations continue. C. By chemically treating the pool water and kill the algae growth and maintainthe filtration system to keep the pool water clean and provide bi- weekly treatment within 'Wo aye or a daily fine of $250.00 will be imposed for each day the violation continues. M'j D. Alternatively, respondent may chemically treat the pool water killing the algae growth ands' iztiv covering the pool, using HUD standards, preventing the intrusion of rain water within 7 0days or a daily fine of $250.00 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.) REV 1/2/13 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 o ner. Respondent or Representative (sign) iC / Dia lagg, Director Respondent or Representative (print) _31)113 Date Code Enforcement Department -�>/A 3 Date REV 1/2/13 C o per County Growth Management Division Planning & Regulation Code Enforcement DATE: March 26, 2013 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 Enfocernent • 2800 North Horseshoe Drive - Naples, Florida 34104.239- 252 -2440 - www.colliergov.net COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — CEEX20130003032 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. RICHARD MUNOZ, Respondents. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 15, 2013, 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 Pursuant to Collier County Code of Law & Ordinance, Chapter 14, Section 14 -35, Nancy Rygel of Collier County Domestic Animal Service has made the initial determination that Respondent's dog Baby, a female, black and tan German shepherd, is a dangerous dog. Respondent, Richard Munoz, has appealed the decision and has requested the hearing. 3. Respondent was given proper notice, and appeared at the public hearing. 4. Live testimony and sworn affidavits were considered by the Special Magistrate. Witnesses from each side gave testimony to support their opposing positions that the dog is or is not dangerous. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED: A. Respondents' appeal of the determination made by Collier County Domestic Animal Service is denied. B. Because the subject dog has been declared a dangerous dog, the Respondent is required to comply with the restrictions of Collier County Code of Law & Ordinance Chapter 14, Section 14- 35. DONE AND ORDERED this U day of A Aor r I , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent — Richard Munoz, Collier County Domestic Animal Services Collier Co. Code Enforcement Dept. 5idit or ; i i .�d `y,�G R 9 County of COLLIER �j I HEREBY CERTIFY {qiS a 1rrt artd correct copy of a doOfi e f1w i►t' Board N "inutes and Repo( �- A WlTf SS my h% nd a,� ffjci kSeawt ay of ��d���; DWIGHT E. BROCK, CLERK'OF COURTS D.C, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — DAS12796- CEEX20130002770 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. RICHARD MUNOZ, Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 15, 2013, 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 Domestic Animal Service Officer, Nancy Rygel, and is being contested by the Respondent, Richard Munoz, who has requested the hearing, was given proper notice, and appeared at the public hearing. Respondent is charged with violating Collier County Code of Law & Ordinances 14 -35, Section (A) 2. Unprovoked; victim was conducting himself in a peaceful and lawful way. Has been bitten or chased in a menacing fashion or attacked by a dog. 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 14 -35, Section (A) 2. B. Respondent is ordered to pay the administrative fee incurred in prosecuting this case in the amount of $7.00. C. Respondent is ordered to pay in total $7.00 on or before April 15, 2013. DONE AND ORDERED this 11 day of , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE W"'14:001 117--Vwryll .. -�• 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 Munoz, Collier Co. Code Enforcement Dept. State Ui i- I`. -. County of COLLIER kG 113 . yo I HEREBY C tIF V PAT this I- a true and r file's correct copef, a s Board P9ir u s;a eQord� t� Qlliel County V`JIT SSTs Fi' th�Eots .......... DWIGHT E. BR4 WK F COURTS D.C. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — DAS12795- CEEX20130002769 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Petitioner, VS. RICHARD MUN04 Respondent. ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on March 15, 2013, 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 Domestic Animal Service Officer, Nancy Rygel, and is being contested by the Respondent, Richard Munoz, 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 14 -35, Section (A) 2. Unprovoked; victim was conducting himself in a peaceful and lawful way. Has been bitten or chased in a menacing fashion or attacked by a dog. 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 14 -35, Section (A) 2. 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 $7.00. 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 $157.00 on or before April 15, 2013. DONE AND ORDERED this day of 0&-Q, , 2013 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE , it WFAWs I W. - 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 Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent - Richard Munoz, Collier Co. Code Enforcement Dept. State of County of COLLIER I HEREBY CERTIFY T�, d' i9 trt]e and correct copy of a doo , ent dViile ifo,> Board Minutes antPe4 r frEof�tex unty G�c ffici of thts Sv r11;i i ay DWIGHT E. BRQCA;CLERK & Co- VATS