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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 '+ :orrect cooy of a edcument OOA&. W Board Minutes and Records 000AW ccwtl�;; 2 NiT S nw offidal 1 1 ' lay Cf ')WIGHT E. GROG& CLERK Of COURTS 4i-a.n.r�w 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. stato at :+outer of .CDIU ; COLLIER COUNTY CODE ENFORCEMENT i HEREBY CERTIFf iiA* this W10" SPECIAL MAGISTRATE :orrect CODy Ot dOCW'y1M40- R#t L!! -3oard Minutes and l}a00tis;Ort 1wood* N +T ESS my h 0 , C{Il ; i00 tai aay ot. c013 -)WIGHT E. BROG �CL,6aRki KIU i ND�CG RAE TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, fax # (239) 252 -2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent —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 .„,