CESM - Liens 02/2013DATE: February 11, 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 Liens and return the originals
interoffice mail to:
Jen Baker, Enforcement Supervisor
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the appropriz
parties. The Code Enforcement Cost Account is 111 - 13891`1 - 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. — CEPM20120012298
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
SCOTT RYAN AND JENNIFER RYAN,
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
IMPOSING FINES/LIENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines /Liens on February 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 November 2, 2012, Respondent was found guilty of violation of Collier County Code of Laws
and Ordinances, Chapter 22, Article VI, Section 22- 231(15) for pool water that is dark green in
color, stagnant, and not being properly maintained, which violation occurred on the property
located at 16487 Felicita Court, Naples, FL Folio #59960212400 (Legal Description:
MEDITERRA PHASE THREE EAST UNIT ONE BLK B LOT 5).
An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before November 9, 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 4855, PG 2790).
Operational costs of $112.47 incurred by the County in the prosecution of this case have not 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.
The violation has been abated as of December 12, 2012.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines /Liens is granted.
B. Daily fines of $250.00 per day are assessed against Respondent for 33 days for the period from
November 10, 2012 to December 12, 2012, for a total amount of fines of $8,250.00.
C. Respondent shall pay the previously assessed operational costs of $112.47.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of $1,576.10.
E. Respondent is ordered to pay fines and costs in the total amount of $9,938.57 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
DONE AND ORDERED this day of iibl , 2013 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
BRENDA 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 4e 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 fron,,j og of
Courts. Filing an Appeal will not automatically stay the Spec a rte's Order.
cc: Respondent —Scott Ryan and Jennifer Ryan
Collier Co. Code Enforcement Dept. I H EREBY CERTIFY THAY 0, >t '+
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COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
Case No. — CEPM20120011608
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
VS.
BETTY FREDERICK EST AND
KAREN L. DONNADIO EST,
Respondents.
ORDER OF THE SPECIAL MAGISTRATE
IMPOSING FINES/LIENS
THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's
Motion for Imposition of Fines /Liens on February 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 October 5, 2012, Respondent was found guilty of violation of Collier County Code of Laws
and Ordinances, Chapter 22 Building and Building Regulations, Article VI Property Maintenance
Code, Section 22- 231(15) for an unmaintained swimming pool, which violation occurred on the
property located at 2975 45`h Street SW, Naples, FL Folio #36001560005 (Legal Description:
GOLDEN GATE UNIT 3 BLK 101 LOT 31).
2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or
before October 12, 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 4846, PG 1980).
Operational costs of $112.38 incurred by the County in the prosecution of this case have not 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 December 3, 2012.
ORDER
Based upon the foregoing Findings of Fact, and pursuant to the authority granted in Chapter 162,
Florida Statutes, and Collier County Ordinance No. 2010 -04, it is hereby ORDERED:
A. Petitioner's Motion for Imposition of Fines /Liens is granted.
B. Daily fines of $250.00 per day are assessed against Respondent for 52 days for the period from
October 13, 2012 to December 3, 2012, for a total amount of fines of $13,000.00.
C. Respondent shall pay the previously assessed operational costs of $112.38.
D. Respondent shall pay the costs of abatement incurred by the county in the amount of $1,404.85.
E. Respondent is ordered to pay fines and costs in the total amount of $14,517.23 or be subject to
Notice of Assessment of Lien against all properties owned by Respondent in Collier County,
Florida.
DONE AND ORDERED this day of eh. , 2013 at Collier County, Florida.
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COLLIER COUNTY CODE ENFORCEMENT
i HEREBY CERTIFf iiA* this W10" SPECIAL MAGISTRATE
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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 —Betty Frederick Est and Karen L. Donnadio Est
Collier Co. Code Enforcement Dept.
Co le-r County
Growth Management Division
Planning & Regulation
Code Enforcement
DATE: April 10, 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 Liens and return the originals
interoffice mail to:
Jen Baker, Enforcement Supervisor
Collier County Code Enforcement
CDES Building
Please include a statement of all recording fees so that I may charge the 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.
c.
otpiA
Code Enforcement•2800 North Horseshoe Drive•Naples, Florida 34104.239.252-2440•www.colliergov.net
CODE ENFORCEMENT SPECIAL MAGISTRATE
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
Petitioner,
CENA20120012852
Jeffrey T Ball
Respondent,
ORDER IMPOSING LIEN
THIS CAUSE, after due and proper notice to Respondents, came on for Public Hearing before the
Special Magistrate on February 1, 2013, and the Special Magistrate, upon receiving evidence that the
property described below had been abated of a public nuisance by Collier County and, according to
Collier County Ordinance 09-08, hereby orders the assessment of a lien for the costs of such abatement,
to wit:
LEGAL DESCRIPTION:
BRITNEY ESTATES LOT 3
COSTS: $1,700.00 FOLIO#: 24750000064
Such assessment shall be a legal, valid and binding obligation against the above-described property
until paid. The assessment shall become due and payable no later than twenty (20) days from the date of
the Legal Notice of Assessment together with interest on the unpaid balance which shall accrue at a rate
of twelve percent(12%) per annum commencing on the date that this Order is recorded. The Secretary to
the Special Magistrate shall (by regular mail) provide a copy of this Order and the Notice of Assessment
of Lien to the Respondents. If within twenty(20) days of the date of this mailing the Respondents fail to
deliver payment in full to Collier County, the Order and the Notice of Assessment of Lien shall be
recorded in the Official Records of Collier County constituting a lien against the above-described
property and,to the extent allowed by law, shall also be a lien against all other real and personal property
owned by the Respondents.
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. Filing an Appeal shall not stay the
Special Magistrate's Order.
DONE AND ORDERED this 1st day of February, 2013, at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
,
B' PA C. GARRETSON, ESQ.
cc: Jeffrey T Ball
Date: February 1,2013
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY,FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
NAME: Jeffrey T Ball DATE: February 1,2013
REF. INV.#CC102 FOLIO#:24750000064 CASE NUMBER:CENA20120012852
LEGAL DESCRIPTION: BRITNEY ESTATES LOT 3
You,as the owner of the property above-described,as recorded in the records maintained
by the office of the Property Appraiser,are hereby advised that the Code Enforcement
Director, did on December 4, 2012, order the abatement of a certain nuisance existing on the
above property prohibited by Ordinance 2009-08,and served a notice of violation upon you.
The nuisance is: WEED OVERGROWTH; PROHIBITED ACCUMULATION OF
NON-PROTECTED MOWABLE VEGETATION
You failed to abate such nuisance,whereupon, it was abated by the expenditure of
public funds at a direct cost of$1,500.00,and an administrative cost of two-hundred
($200.00) dollars for a total of$1,700.00. The assessment shall become due and
payable no later than twenty (20) days from the date of this Legal Notice of
Assessment. Checks or money orders should be made payable to the Collier County
Board of County Commissioners(CCBCC).
Such cost, by determination order of a Special Magistrate for Collier County,
Florida, will become a lien on your property within twenty(20) days of determination by
the Special Magistrate when recorded. You may request a hearing before the Special
Magistrate to show cause, if any, why the expenses and charges incurred by the County under
County Ordinance No. 2009-08, are excessive or unwarranted or why such expenses should not
constitute a lien against the property. Said request for hearing shall be made to the Secretary to
the Special Magistrate, Collier County Growth Management Division, 2800 North Horseshoe
Drive,Naples,Florida 34104 in writing within ten(10)days from the date of this notice.
FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A
LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that a true and correct copy of this NOTICE has been sent by U.S.Mail to:
Jeffrey T Ball,at 2741 Island Pond Ln Naples,FL 34119
This 1'day of February,2013.
Jenni'! •i er
Secr .r for the Special Magistrate
2801 North Horseshoe Drive
Naples,Florida 34104
(239)252-2440
Legal Notice
Assessment of Lien .„,