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CESM Orders 02/16/2007 111111 COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N.I lorscshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAX 239-403-2343 DATE: February 27, 2007 TO: Trish Morgan, Clerk of Courts - Records FROM: Dennis Mitchell, Code Enforcement RE: OSM Order(s) 02-16-07 Please find attached the orders issued by the Special Masters. 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/Liens and return the originals to: Dennis Mitchell, Investigative Supervisor Collier County Code Enforcement CDES Building 2800 North Horseshoe Drive Naples, FL 34104 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 403-2496. DM cc: COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—SO-158593 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CHARLES O. MINNING, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT 1. That the citation was issued by Collier County Sheriff's Deputy Klinkman, and is being contested by the Respondent(s), Charles O. Minning, who has/have requested this hearing. 2. That the Respondent(s) is/are charged with violating the Ordinance governing parking, Ord. 80- 47, Section 130-66(1)(f), by parking improperly. 3. That proper notice was given to the Respondent(s), and that Respondent(s) was/were present at 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.04-46, it is hereby ORDERED: 1. Respondent(s) is/are guilty of violating the ordinance prohibiting unlawful parking. 2. Respondent(s)shall pay a fine of$30 on or before March 16, 2007. 3. The Operational Costs incurred in investigating this violation are waived. DONE AND ORDERED this ik,day of kib . ,2007 at Collier County,Florida. B NDA C. GARRtTSON Special Master Collier County Code Enforcement cc:, Respondent—Charles 0. Minning/ 3 j Collier Co. Sheriff's Dept. Liaison Attn: Deputy Klinkman, #1660 Collier Co. Code Enforcement;/ Still A- ; v"ouniy of COWER I HEREBY CERTIFY THAT this is a true owl correct copy of a aocurment on file In Board Minutes and Recc*os of Collier County IY SS my it, a nna official seal this day of rrr�rvLCrO � DWIGHT E. BROtK, CLERK OF COURTS 8191 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.— DAS-11159 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MICKELLE MARIE GRAIGMILE, Respondent. ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Respondent is charged with violation of Collier County Ordinance #14-41, Section (A) 5, for leaving an animal unattended in a vehicle without water or proper ventilation. 2. That the Citation was issued to the Respondent by Domestic Animal Services Officer William George who was present and gave testimony as to the conditions leading to the issuance of the citation. 3. That the Respondent did not appear at the public hearing. 4. That sufficient evidence was presented to show probable cause that a violation of the ordinance did occur and that the Officer was justified in removal of the dog from the vehicle for the dog's safety. 5. That the documentation of Notice by Certified Mail to the Respondent was found to be insufficient based by the representation by Assistant County Attorney Jeff Wright that the envelope containing the Notice was returned to the County as"Undeliverable". ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.04-46, it is hereby ORDERED: A. The case is continued to the hearing agenda scheduled for March 16,2007. B. The Domestic Animal Services Office is directed to contact the Respondent and determine if she wishes to contest the payment of the fine and therefore requests that the case be re-set for hearing. C. If the Respondent requests the matter be re-set,the County is directed to re-notice all parties. DONE AND ORDERED this (41.„day of `4 . ,2007 at Collier County,Florida. B'." DA C. GA' ' -T: I N Special Master Collier County Code Enforcement cc: Respondent—Mickelle Marie Graigmile,/ Domestic Animal Services Dept.- A, Attn: Officer William George/ ' ') Collier Co. Code Enforcement Dept./ Stale or FLORIDA .Ex :ounty of COLLIER I HEREBY CERTIFY THAT this Is a true and :orrect copy of z aocument on file In oard Minutos and 2'3ccr S of Collier County cyrptiSS my hiailLono.ofiicial�3� ist day of Oi DWIGHT E. BROGK, CLERK OF COURTS ava O.G..,_____ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—CO-01957 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BRAD TANNER, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT 1. That the citation was issued by Collier County Code Enforcement Investigator Steve Athey, and was initially contested by the Respondent(s), who requested this hearing, but who has/have now admitted the violation. 2. That the Respondent(s) is/are charged with violating Ordinance # 162.06, Sec.4, the minimum housing standards ordinance, for failing to provide adequate water supply to rental property. 3. That the Respondent(s), Brad Tanner, did not appear for the public hearing, having entered into a written stipulation wherein he admitted the violation and agreed to pay a fine and costs. 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are guilty of violating the minimum housing standards ordinance by failing to provide adequate water supply to rental property B. Respondent(s)shall pay a fine of$250 on or before March 16, 2007. C. Respondent(s) is/are ordered to pay operational costs incurred in the prosecution of this case in the amount of$5.00 on or before March 16, 2007. DONE AND ORDERED this 16? day of ,2007 at Collier County,Florida. : 'i' DA C. GA'.' SIN Special Master Collier County Code Enforcement cc: Respondent(s)-Brad Tanner Collier County Public Utilities- , '1 Attn: Investigator Tonya Phillips/ ),-. Collier Co. Code Enforcement Dept. 41-11101010A -e�w fr �t T y ��4 ;ounty of COLLIER {" ` I HEREBY CERTIFY THAT this Is a true and correct copy of a aocument on file In Board Minutes and Reccrcs of Collier County it SS my liar, n; o official seal this day ofQ.O1-. DWIGHT E. BROCK, CLERK OF COURTS Diekr COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—PR 000226 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LINDA ROMAN, Respondent(s). / ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. That the citation was issued by Collier County Park Ranger Mauricio Araquistain, and is being contested by the Respondent, Linda Roman, who has requested this hearing. 2. That the Respondent is charged with violating the Ordinance governing parking in an unlawful area, Section 130-66, by parking in an unlawful area and failure to display a paid parking receipt. 3. That the Respondent appeared at 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.04-46, it is hereby ORDERED: 1. Respondent is found not guilty of violating the unlawful parking ordinance. DONE AND ORDERED this 1641,\ day of ,2007 at Collier County,Florida. Or 4 it N. : ' NDA C. GA"1 "SON Special Master Collier County Code Enforcement cc: Respondent(s)—Linda Roman Collier Co. Parks and Recreation Dept.- Ip ,\ Attn: Park Ranger Mauricia Araquistain 1/ J Collier Co. Code Enforcement Dept. ✓ J ;ounty of COLLIER I HEREBY CERTIFY THAT this is a the ad correct copy r,t r, 'c� ^���;on file In Board Mini ,+ ;;,;i R�c.rY S of V:4er County T SS my -Ica ;:,,iv.i;;;T:o.al tii! day of °WIGHT E. BROGK,CLERK'OF"COURTS iiii4. 1•4114#16.11t Jr.,.......sommor COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-090182 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOHN DIMARCO, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That John DiMarco is/are the owner(s)of the subject property. 2. That the Respondent(s)were notified of the date of this hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent(s), having been duly notified, did not appear for the hearing. 4. That the real property located at 2978 Poplar Street, Naples, FL, Folio # 29831080005, is in violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C), the Unlicensed and Inoperable Vehicles Ordinance, in the following particulars: Commercial vehicle being kept in a residentially zoned area. 5. That the Respondent(s)has/have abated the violation as of the date of this 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C). B. Respondent(s) shall pay Operational Costs for the prosecution of this case in the amount of $117.48 on or before March 16, 2007. DONE AND ORDERED this At day of ,fh ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER BRENDA C.—ARRETSON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. cc: Respondent(s)– John DiMarco / Collier Co. Code Enforcement Dept.,/ Jfl„' r 4i Sts1lR et FLORIDA .',ounty/of COLLIER 1 HEREBY CERTIFY THAT this IS s bye and correct cooy of a aOct mcnt on file in Board klinut:s 1 ` .co, of Collier County Siti.V 3 rr y officie eal this day of DWIGHT E. BROCK, CLERK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-100596 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SIDNEY KIMBLE, Respondent(s). / ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Sidney Kimble is/are the owner(s)of the subject property. 2. That the Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent(s), having been duly notified, failed to appear for the public hearing. That the real property located at 156 Jeepers Drive., Naples, FL 34112, Folio #53401120002 was at the time of service of the Notice of Violation in violation of Collier County Ordinance 2004-41, Sec. 2.01.00(A), 4.05.03(A), and 1.04.0 and Ordinance 04-58, Sec. 6(17),the Ordinance governing inoperable and unlicensed vehicles and the Ordinance governing multiple vehicles on grass, in the following particulars: Respondent(s)have inoperable and/or unlicensed vehicles in a residentially zoned area; AND Respondent(s) failed to park vehicles(unless otherwise parked or stored in an enclosed structure) on a stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt, pavers or turf parking systems specifically designated for parking of automobiles, which are shall not comprise an area greater than 40% of any required front yard. 5. That the Respondent(s)has not abated the violation 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, Sec. 2.01.00(A),4.05.03(A),and 1.04.0 and Ordinance 04-58, Sec. 6(17). B. Respondent(s) is/are ordered to abate the violation by affixing a current license plate, storing vehicle in the confines of a completely enclosed structure or removing vehicle from a residentially zoned area on or before March 20, 2007 or a fine of$50 per day will be assessed for each day the violation continues until compliance has been confirmed. D. Respondents shall notify the Code Enforcement Office, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. D. Respondent(s) shall pay Operational Costs for the prosecution of this case in the amount of $110.78 on or before March 16,2007. DONE AND ORDERED this Wk. day o C.ri • ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER 411001 A.J i Mal Ala BRENDA RRETSON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. yyDA Stee:many of COLLIE cc: Respondent(s)—Sidney Kimble✓ I HEREBY CERTIFY-THAT:this Is a true Sad , Collier County Code Enforcement/ ^orrect copy of a bourne it on file in do,. rrd routs and l?eecros of Coiner County yX i`_ . day�f ( d ofr'ic;at � is d t \ti Igo )WIGHT E. SAM, CLERK OF COURTS 1�Lw►1l�-L D.C. .�_ _-- COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-100692 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JILL J. WEAVER, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Jill J. Weaver is the owner of the subject property. 2. That the Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent(s), having been duly notified, failed to appear for the public hearing. 4. That the real property located at 3064 Van Buren Avenue, Naples, FL, Folio#52700640006, was at the time of service of the Notice of Violation in violation of Collier County Ordinance 2004-41, Sec. 2.01.00(B), the Ordinance governing the parking or storing of recreational vehicles in a residentially zoned area, in the following particulars: Parking multiple recreational vehicles(boats) in the front yard in a residentially zoned area. 5. That the Respondent(s)has not abated the violation 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, Sec. 2.01.00(B). B. Respondent(s) is/are ordered to abate the violation by storing vehicles in the an appropriate enclosed structure or removing vehicles from a residentially zoned area on or before February 20,2007 or a fine of$150 per day will be assessed for each day the violation continues until compliance has been confirmed. C. Respondent(s) shall notify the Code Enforcement Office, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. D. Respondent(s) shall pay Operational Costs for the prosecution of this case in the amount of $120.05 on or before March 16,2007. DONE AND ORDERED this (.`gIk. day of lib. ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER %1 A • L.,. �1�► BRENDA ARRETSON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. State 07 FLORIDA - .r z F t is tliwt s :ounty of COWS! .. 5° 1 cc: Respondent(s)—Jill J. Weaver ✓ I HEREBY CERTIFY THAT thIs Is 3 true and Collier County Code Enforcement i..7 correct copy of a aocum nt on file in 3-1' 3oard Minutes and r f, Collier ¢ Courts►. j4SSmY s�.:. f ;a his day of W t DWIGHT E. BROGK, CLERK OF COURTS Sys , atIculhigifte.. ....... .. ....... COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2005-120130 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSE A ORTEGA, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Jose A. Ortega is/are the owner(s)of the subject property. 2. That the Respondent(s)was/were notified of the date of hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent(s), having been duly notified, did not appear at the public hearing, but were represented by Jorge Moreno pursuant to a Power of Attorney and entered into a Stipulation executed by Mr. Moreno. Mr. Moreno has agreed to submit a copy of the Power of Attorney to Investigator Box to make a part of this record. Such document should be submitted on or before March 16, 2007. 4. That the real property located at 3107 Karen Dr.,Naples, FL, Folio#61839840001, at the time of service of the Notice of Violation was in violation of Collier County Ordinance 2005-44, Sec. 6,7 and 8, the Litter Ordinance, in the following particulars: Accumulation of litter consisting of, but not limited to,a mobile home foundation, wood, metal, plastic, tires,car part and paper. 5. That the Respondent(s)has/have not abated the violation prior to 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 Ord.No.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2005-44, Sec. 6, 7& 8. B. Respondent(s) is/are ordered to abate all violations by removing all litter from the property on or before February 23, 2007 or pay a fine of$100.00 per day for each day the violation continues until compliance is confirmed. C. Respondent(s) is/are ordered to pay Operational Costs for the prosecution of this case in the amount of$166.33 on or before March 16,2007. D. Respondent shall notify the Code Enforcement Investigator, Heinz Box, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this/6..1(V\ day of Tel:) . ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER ,/ 4 BRENDA -1111".. A' ' TSON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. cc;, Respondent(s)-Jose A. Ortega V 1 Collier Co. Code Enforcement Dept./ • State to FLORIDA Is•T� :aunty of COLLIER I HEREBY CERTIFY THAT this Is a true and correct copy of a occurrent on file in Board Minutes arcs of Collier County it SS my hu,na=ari::5'of:cial se I his 1 day of Ffbin2 1 DWIGHT E. BROI K, CLERK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-100179 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. GREG EAGAN and RUTH EAGAN, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Greg Eagan and Ruth Eagan is/are the owner(s)of the subject property. 2. That the Respondent(s)were notified of the date of this hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent, Greg Eagan, having been duly notified, appeared for the hearing, representing himself and his mother, Ruth Eagan, giving sworn testimony that he had the authority to do so. 4. That the real property located at 1342 Alhambra Circle N., Naples, FL, Folio # 63456280000, is in violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C), the Unlicensed and Inoperable Vehicles Ordinance, in the following particulars: Commercial vehicle being kept in a residentially zoned area. 5. That the Respondent(s)has/have not abated the violation as of the date of this 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C). B. Respondent(s) is/are ordered to abate the violation by either storing the offending vehicle in thea backyard concealed from view, by storing the vehicle in the confines of a completely enclosed structure or by removing the vehicle from the residentially zoned area on or before February 20,2007, or a fine of $100 per day will be assessed for each day the violation continues until compliance has been confirmed. C. Respondent(s) shall pay Operational Costs for the prosecution of this case in the amount of $115.14 on or before March 16,2007. D. Respondent(s) shall notify the Code Enforcement Investigator, Heinz Box, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this /C4/„.,day of ��.. ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER i )4, 144 • BRENDA ARRET T-ON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. state P $ :outy of COLLIER • cc: Respondent(s)— Greg Eagen and Ruth Eagen✓I HEREBY CERTIFY THAT tt11S is s > Collier Co. Code Enforcement Dept.,, correct copy of a ci3 urnont on file In Board Mime r :° of Collier County r : ai seallhis yi day.o . o �r DWIGHT E. 3ROCK. CLERK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-110100 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIEL PUSCAS, Respondent(s). ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Daniel Puscas is/are the owner(s)of the subject property. 2. That the Respondent(s)were notified of the date of this hearing by certified mail and posting. 3. That the Special Master has jurisdiction of this matter and that the Respondent(s), having been duly notified,appeared for the hearing and entered into a Stipulation. 4. That the real property located at 4104 Mindi Avenue,Naples, FL 34112, Folio# 67492400002, is in violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C), the Unlicensed and Inoperable Vehicles Ordinance, in the following particulars: Commercial vehicle being kept in a residentially zoned area. 5. That the Respondent(s)has/have not abated the violation as of the date of this 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.04-46, it is hereby ORDERED: A. Respondent(s) is/are found guilty of violation of Collier County Ordinance 2004-41, Sec. 2.01.00(C). B. Respondent(s) is/are ordered to abate the violation by either storing the offending vehicle in the backyard concealed from view, by storing the vehicle in the confines of a completely enclosed structure or by removing the vehicle from the residentially zoned area on or before February 20,2007, or a fine of $100 per day will be assessed for each day the violation continues until compliance has been confirmed. C. Respondent(s) shall pay Operational Costs for the prosecution of this case in the amount of $117.00 on or before March 16,2007. D. Respondent(s) shall notify the Code Enforcement Investigator, Heinz Box, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this/6444 day of 5.1). ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER . ■ '141 BRENDA . ARRETSON LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. cc: Respondent(s)— Daniel Puscas P Collier Co. Code Enforcement Dept., Stare or FLORIDA lr= :ouety of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a oocu nc~:t on file In Board Mtinuta5 and " :. , of Collier County griTsis my + Ot:;[,.;s114)ttis day of OuU DWIGHT E. BROOK,CL RK OF COURTS COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-090442 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. EUGENE JONES,SR., Respondent(s). / ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Master, as follows: FINDINGS OF FACT 1. That Respondent(s) is/were the owner of the real property located at 408 15th St. S.E., Immokalee, Collier County, FL, Folio#66220600004, which is alleged to be in violation of Collier County Ordinance 2004-58, Section 7, Sub-section (5),the Rental Registration Ordinance, in the following particulars: Failing to register rental property with the County. 2. That Respondent(s) was/were properly noticed for the public hearing, appeared and entered into an oral stipulation admitting to the violation. 3. That the Respondent(s) was/were in violation of the Rental Registration Ordinance at the time of the Notice of Violation. 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.04-46, it is hereby ORDERED: A. Respondent(s), Eugene Jones, Sr., is/are guilty of violation of Collier County Ordinance 2004-58, Section 7, Sub-section(5). B. Respondent(s) is/are ordered to abate/correct the violation by registering the rental property(ies) with the County on or before February 23, 2007 or a fine of$25.00 per day per rental unit for the seven rental units in violation will be assessed for each day the property remains in violation thereafter until compliance can be confirmed. B. Respondent(s) is/are ordered to pay operational costs for the prosecution of this case in the amount of$127.43 on or before April 16,2007. C. Respondent(s) shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement so that compliance can be confirmed. DONE AND ORDERED this !CA day of a. ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Lankki BRENDA C."ARRETSON LIEN RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. NOTICE: This order will be recorded in the Public Records of Collier County. After three(3) months from the filing of any such lien or civil claim which remains unpaid,the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. cc: Respondent(s)— Eugene Jones, Sr. V A Collier Co. Code Enforcement Dept. 93 A Stage 07 FLORIDA O oun�ty of COLLII 1t ' =' I HEREBY CERTIFY THAT this Is a true and correct copy of a :.,: ,; ;:7 ,gin file sn Board Minu eo .. a ;'_ „ (;oilier County � °WIGHT E. BRO(F , CLERK OF COURTS with the County on or before February 23, 2007 or a fine of$25.00 per day per rental unit for the seven rental units in violation will be assessed for each day the property remains in violation thereafter until compliance can be confirmed. B. Respondent(s) is/are ordered to pay operational costs for the prosecution of this case in the amount of$127.43 on or before April 16,2007. C. Respondent(s) shall notify the Code Enforcement Investigator, Joe Mucha, within 24 hours of abatement so that compliance can be confirmed. DONE AND ORDERED this /CA day of 61). ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER • 40.11 BRENDA C.WARRETSON LIEN RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal shall not stay the Special Master's Order. NOTICE: This order will be recorded in the Public Records of Collier County. After three(3) months from the filing of any such lien or civil claim which remains unpaid,the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. cc: Respondent(s)— Eugene Jones, Sr. v A Collier Co. Code Enforcement Dept. Starr W FLORIDA , 47. county of COLLICR I HEREBY CERTIFY THAT this 1s a true and correct copy of a 7:;; ,•;T y r1 file in Board RMinuh2.3 �a f' :>; Collier County ri DWIGHT E. BROCK, CLERK OF COUNTS gy, D.C. -w COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-040788 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. PEDRO M.HERRERA ESTATE, c/o ADAM HERRERA Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On July 7,2006, Respondent was found guilty of violation of Ordinance No. 05-04, Sec. 6, 7& 8, for accumulation of litter, which violation occurred on the property located at 1122 Immokalee, Dr., Immokalee, FL, Folio#000844400008. 2. An Order was entered by the Special Master ordering Respondent to abate the violation on or before July 14, 2006, or a fine of$100 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is recorded at OR 4076, PG 0653 and attached hereto). 3. Operational costs incurred by the County of$118.90 were assessed and ordered to be paid. 4. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 5. Based on testimony of the investigating officer, abatement did not occur until July 14, 2006 and fines of$100 per day for 109 days have accrued. 6. Respondent, having been duly noticed for the public hearing regarding the County's Motion, was represented at the hearing by Adam Herrera who represented under oath that he was authorized to represent the estate. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondent is ordered to pay fines of$100 per day for 109 days for a total of$10,900.00. C. Respondent is ordered to pay previously assessed operational costs of$118.90. D. Respondent is ordered to pay all outstanding fines and costs in the total amount of$11.018.90 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this ICv' day of ,2007 at Collier County,Florida. 14 _.�; . /4 tR/ B' " ''I A C. GARRE ON Special Master Collier County Code Enforcement LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Order. cc: Respondent—Pedro M. Herrera Estate ;/ smile(*.a c/o Adam Herrera _ 1 Collier Co. Code Enforcement Dept. ��� of Cd.�. )/ ✓ I HEREBY CERTIFY.THAT.this is a true and correct c o p y of ac,.7,7%,(17:4-,t c: Board ��1in�sr- .1 ". _, County ATAESS-rv,) `` ,i'�"3 ( v,:,^T ; 'InLijAh is day of xl a ?.00 )WIGHT E. BROC.K, CLERK OF COURTS ps GiLLL R v 4.....-- D.C. ..- COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAX 239-403-2343 DATE: February 28, 2007 TO: Trish Morgan, Clerk of Courts - Records FROM: Dennis Mitchell, Code Enforcement RE: OSM Order(s) 02-16-07 Please find attached the orders issued by the Special Masters. 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/Liens and return the originals to: Dennis Mitchell, Investigative Supervisor Collier County Code Enforcement CDES Building 2800 North Horseshoe Drive Naples, FL 34104 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 403-2496. DM cc: COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-050114 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. ROBERT FLICK and the MELIVIN and MARGARET ENDERLE TRUST, Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On August 4, 2006, Respondents were found guilty of violation of Ordinance No. 04-58, Sec. 6, Subsec, 12b, 12c, 12i, 121 & 12m for multiple minimum housing code violations, which violations occurred on the property located at 3423 Canal St.,Naples,FL, Folio#71800000226. 2. An Order was entered by the Special Master ordering Respondents to abate the violation on or before September 4, 2006, or a fine of $100 per day would be assessed for each day the violation continued until abatement. (A copy of the Order is recorded at OR 4087, PG 2451 and attached hereto). 3. Operational costs incurred by the County of$171.16 were assessed and have been paid. 4. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 5. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing and fines of$100 per day for 165 days have accrued for the period from September 4, 2006 to February 16, 2007. 6. Respondents, having been duly noticed for the public hearing regarding the County's Motion, appeared for the hearing, but failed to present any legal basis for denial of the County's Motion for Imposition of Fines. 7. Respondents presented testimony regarding efforts made toward compliance and abatement, which evidence was considered as mitigating circumstances. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Fines are assessed against Respondents for the period from September 4, 2006 through February 16, 2007 at the rate of$100 per day for 165 days for a total of$16,500.00, which amount was reduced by the Special Master based on mitigating circumstances to the amount of$11,000 C. Respondents are ordered to pay all outstanding fines and costs in the total amount of$11.000 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this 4'1t... day of ,2007 at Collier County,Florida. Ago NDA C. GA' ON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Order. cc: Respondents—Robert Flick and the Melivin& Margaret Enderle Trust A `,1 Collier Co. Code Enforcement Dept COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2005-050140 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. OAKES FARMS,INC., c/o Francis A.Oakes,Jr., Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On December 16, 2005, Respondent(s) was/were found guilty of violation of Ordinance No. 04- 41, Sec. 10.02.06, for alteration to pole sign without required permit, which violation occurred on the property located at 2205 Davis Blvd.,Naples, FL, Folio#386000009. 2. An Order was entered by the Special Master ordering Respondent(s)to abate the violation on or before February 14, 2006, or a fine of $100 per day would be assessed for each day the violation continued until abatement. (A copy of the Order is recorded at OR 3961, PG 0778 and attached hereto). 3. Operational costs incurred by the County of$218.49 were assessed and ordered to be paid. 4. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 5. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing and fines of$100 per day for 367 days have accrued for the period from February 14, 2006 to February 16, 2007. 6. Respondent(s), having been duly noticed for the public hearing regarding the County's Motion, appeared for the hearing, but failed to present any legal basis for denial of the County's Motion for Imposition of Fines. 7. Respondent(s) presented testimony regarding efforts made toward compliance and abatement, which evidence was considered as mitigating circumstances. 1 ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Fines are assessed against Respondent(s)for the period from February 14, 2006 through February 16, 2007 at the rate of$l00 per day for 367 days for a total of$36,700. C. Respondents are ordered to pay previously assessed operational costs of$218.49. D. Respondent(s) is/are ordered to pay all outstanding fines and costs in the total amount of $36,918.49 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. D. PROVIDED, HOWEVER,the enforcement of this Order and the accrual of$100 per day shall be stayed until March 19,2007 to afford Respondent(s)the opportunity to file a Motion for Re-hearing. Any documentation of errors alleged by the Respondent(s)to have been committed by the County in its inspecting and/or permitting process in the review of his sign must be attached to any Motion for Re- hearing if reference to such errors is made therein. E. Subject to the provision in Paragraph D. above, the accrual of fines shall resume after March 19, 2007 or the date of ruling upon Respondent's Motion for Re-Hearing, whichever is later, and shall not be stayed by entry of this order, but shall continue to accrue until abatement is confirmed. DONE AND ORDERED this ML day of 510 , ,2007 at Collier County,Florida. , 1.4 'TA C. GARRETSON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. 2 APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Order. cc: Respondent(s)—Oakes Farms, Inc. c/o Francis A. Oakes,Jr. ✓ t,,11,0"1 Collier Co. Code Enforcement Dept. Sa::ftt ill Fl Ottiwc '`. l'ounry of COLLIER • i HEREBY CERTIFY THATthIs is a true sit ,:orrect copy of a em nont on file in oard Minutes an;,' F _: of Collier County ESS my n iO essi ; seal this DWIGHT E. ER0C,K,=CLE K OF__COURTS 3y D.C. .�.. ---- 3 <ounty of COLLIft .••; COLLIER COUNTY CODE ENFORCEMENT I HEREBY CERTIFY THAT this is a trued SPECIAL MASTER >rrect c +y ct a C%ti" r. :.t on file In Case No.—2006-060090 <r)1+,;y / BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK CLERK OF COURTS COLLIER COUNTY,FLORIDA, Petitioner, Ld14-12.42 .0-kLa Cr vs. ROBERT FLICK, Respondent. ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On September 15, 2006, the Special Master held a hearing, issued an Order in the above-styled matter and ordered the Respondent to abate all violations at 5325 Carlton Street,Naples, FL 2. That the original hearing on September 15, 2006 was investigated by Code Enforcement Investigator Joe Mucha who was unable to attend today's hearing. 3. That the Respondent,having been duly notified,appeared at the public hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. It was determined by the Special Master that this matter required additional information and coordination in order to receive an appropriate hearing and that a continuance was necessary. B. All parties shall be notified that the case is continued to a hearing date of March 2 ,2007. DONE AND ORDERED this «0kt..day of ft•-b• ,2007 at Collier County,Florida. REND: C. G 77r ON Special Master Collier County Code Enforcement cc: Respondent—Robert Flick l\ Collier Co. Code Enforcement Dept.,/ "`ouPl"y of COLLIEIr COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER HEREBY CERTIFY THAT this is a true and orrect copy et a c`oc!..mcnt en file in Case No.-2006-060099 3oard Minutes and of Collier Count) acSS day of 'UM this BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, OWIGHT E. BROCK, CLERK OF COURTS' Petitioner, vs. 4, r ROBERT FLICK, Respondent. ORDER OF THE SPECIAL MASTER THIS CAUSE came on for public hearing before the Special Master on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT 1. On September 15, 2006, the Special Master held a hearing, issued an Order in the above-styled matter and ordered the Respondent to abate all violations at 5325 Carlton Street,Naples, FL 2. That the original hearing on September 15, 2006 was investigated by Code Enforcement Investigator Joe Mucha who was unable to attend today's hearing. 3. That the Respondent,having been duly notified,appeared at the public hearing. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. It was determined by the Special Master that this matter required additional information and coordination in order to receive an appropriate hearing and that a continuance was necessary. B. All parties shall be notified that the case is continued to a hearing date of March 2 ,2007. DONE AND ORDERED this /(0i1A.day of 10. ,2007 at Collier County,Florida. : '1 NDA C.GARRETSON Special Master Collier County Code Enforcement cc: Respondent—Robert Flick V Collier Co. Code Enforcement Dept./ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-050912 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MARION SMITH and JAMES SEALS, Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On August 22, 2006, Respondents were found guilty of violation of Ordinance No. 05-44, Sec. 6, 7, & 8, for accumulation of litter, which violations occurred on the property located at 5406 Carlton Street,Naples, FL, Folio#62100120006. 2. An Order was entered by the Special Master ordering Respondents to abate the violation on or before August 29, 2006, or a fine of $100.00 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is attached&recorded at OR 4101, PG 0165). 3. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing,and fines of$100.00 per day for 16 days have accrued. 4. Operational costs incurred by the County of$132.23 were assessed and ordered to be paid. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 6. Respondents, having been duly noticed for the public hearing regarding the County's Motion, failed to appear for the hearing, introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondents are ordered to pay fines of$100.00 per day for the period between August 29, 2006 and September 25, 2006 for 27 days for a total of$2,700. C. Respondents are ordered to pay previously assessed operational costs of$132.23. D. Respondents shall pay all outstanding fines and costs in the total amount of$2,832.23 forthwith or be subject to a Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The accrual of fines shall not be stayed by entry of this order, but shall continue to accrue until abatement is confirmed. DONE AND ORDERED this \t day of ±b. ,2007 at Collier County,Florida. it _ ►k' . B' NDA C. G• ' _'rON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Order. S.; te of FLO iil >oanty of COWER " cc: Respondents—Marion Smith and James Seals✓ '''. ,, ;■ 01 Collier Co. Code Enforcement Dept. I HEREBY CERTIFY THAT this Is a trio�.. -;�rrect copy of a aoc ,.e;it cn rile in : r .• o;rd Minutes and p cs°;�s of CQHler Court t 4...._ S;a riy� t"'n 1,,d G iiCi: l scaLthi Cay a s DWIGHT E. BROGK, CLERK OF COURTS` 314 Q.C. ., ,.. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-050608 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MARION SMITH and JAMES SEALS, Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On August 22, 2006, Respondents were found guilty of violation of Ordinance No. 04-58, Sec. 6, Subsec. 10, 11, 12b, 12i, 12j, 12k, 121 & 12m for multiple minimum housing code violations, which violations occurred on the property located at 5408 Carlton Street,Naples, FL, Folio#62100120006. 2. An Order was entered by the Special Master ordering Respondents to abate the violation on or before October 23, 2006, or a fine of $100.00 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is attached&recorded at OR 4101, PG 0153). 3. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing, and fines of$100.00 per day for 116 days have accrued. 4. Operational costs incurred by the County of$187.64 were assessed and ordered to be paid. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 6. Respondents, having been duly noticed for the public hearing regarding the County's Motion, failed to appear for the hearing, introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondents are ordered to pay fines of$100.00 per day for 116 days for the period between October 23, 2006 and February 16, 2007 resulting in a total of$11,600. C. Respondents are ordered to pay previously assessed operational costs of$187.64. D. Respondents shall pay all outstanding fines and costs in the total amount of$11,787.64 forthwith or be subject to a Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The accrual of fines shall not be stayed by entry of this order, but shall continue to accrue until abatement is confirmed. rr DONE AND ORDERED this lib day of ,2007 at Collier County,Florida. ti 111P1 1.a.`k r NDA C. GA' ' • 'SON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Mast 'uQrf�R1 LIER r� cc: Respondents—Marion Smith and James Seals f ' F ER7717_CERTIFY T;�}1T is Is ale Collier Co. Code Enforcement Dept. :%rreL and t D c` Ela s��.�f� �';5 C;sl,f �C111� County �; my a - �cS1f;E:l?I Seal Cry Or � �113 DWIGHT E. BRO6K,'CLERK 04,0' V D.C. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-060001 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MARION SMITH and JAMES SEALS, Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the Special Master, as follows: FINDINGS OF FACT 1. On August 22, 2006, Respondents were found guilty of violation of Ordinance No. 04-58, Sec. 7, for failure to obtain rental registration, which violation occurred on the property located at 5406 Carlton Street,Naples, FL, Folio#62100120006. 2. An Order was entered by the Special Master ordering Respondents to abate the violation on or before August 29, 2006, or a fine of $25.00 per day would be assessed for each day the violation continued thereafter until abatement.(A copy of the Order is attached&recorded at OR 4101, PG 0149). 3. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing, and fines of$25.00 per day for 171 days have accrued. 4. Operational costs incurred by the County of$123.99 were assessed and ordered to be paid. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 6. Respondents, having been duly noticed for the public hearing regarding the County's Motion, failed to appear for the hearing, introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondents are ordered to pay fines of$25.00 per day for the period between August 29, 2006 and February 16,2007 for 171 days fora total of$4,275. C. Respondents are ordered to pay previously assessed operational costs of$123.99. D. Respondents shall pay all outstanding fines and costs in the total amount of$4,398.99 forthwith or be subject to a Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The accrual of fines shall not be stayed by entry of this order, but shall continue to accrue until abatement is confirmed. DONE AND ORDERED this t day �b , y of ,� 2007 at Collier County,Florida. A► /__1)_ I. !. '1 DA C. GA' ' `ON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Mei ' 9r #UA • ,ounty of COLLIER ,'' , cc: Respondents—Marion Smith and James Sell Collier Co. Code Enforcement Dept. ort'REBY CERTIFY TH�1 ;this is a true and A ✓ correct copy of �� ttd^ur fit'`, file in ^t ,T 8oard Minutes and RITtrrEs of Collier County NESS rr:y n �;' C! �iaf s this C dayof - OWIGHT E.13ROCK,CLERK OF COURTS BP ,..L-•--641.1"*„.;.. D.C. .o. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2006-030815 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MARION SMITH and JAMES SEALS, Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters,hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT 1. On July 21, 2006, Respondents were found guilty of violation of Ordinance No. 04-41, Sec. 2.01.00(A), for unlicensed and inoperable vehicles, which violations occurred on the property located at 5406 and 5408 Carlton Street,Naples, FL, Folio#62100120006. 2. An Order was entered by the Special Master ordering Respondents to abate the violation on or before August 21, 2006, or a fine of $50.00 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is attached&recorded at OR 4081, PG 2827). 3. Based on testimony of the investigating officer, abatement had not occurred as of the date of the public hearing,and fines of$50.00 per day for 16 days have accrued. 4. Operational costs incurred by the County of$126.22 were assessed and ordered to be paid. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 6. Respondents, having been duly noticed for the public hearing regarding the County's Motion, failed to appear for the hearing, introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondents are ordered to pay fines of$50.00 per day for the period between August 21, 2006 and September 6, 2006 for 16 days for a total of$800. C. Respondents are ordered to pay previously assessed operational costs of$126.22. D. Respondents shall pay all outstanding fines and costs in the total amount of$926.22 forthwith or be subject to a Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. E. The accrual of fines shall not be stayed by entry of this order, but shall continue to accrue until abatement is confirmed. DONE AND ORDERED this,(& day of - ob , ,2007 at Collier County,Florida. 1..■■■ 41111ra : ' NDA C.GA' 'im4.1' ON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Orc r • State OT FLORIDA ,a.. aounry of COLLIER • cc: Respondents-Marion Smith and James Seals I HEREBY CERTIFY THAT this is 8 t.1140>Al . (I .. Collier Co. Code Enforcement Dept. 4 correct copy eta cccuracnt on file lR 9 aolyd n ,t r _ of CAicr COW* plESS my c;:;691 '-'43-1 this day of :,_WO - ')WIGHT E. BROCK, CLERK OF COURTS ""w" _ COLLIER COUNTY CODE ENFORCEMENT SPECIAL MASTER Case No.—2004-070513 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. SHADI OF NAPLES,INC., Respondent(s) ORDER OF THE SPECIAL MASTER IMPOSING FINES THIS CAUSE came before the Special Master for public hearing upon the Petitioner's Motion for Imposition of Fines on February 16, 2007, and the Special Master, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Master,as follows: FINDINGS OF FACT 1. On May 6, 2005, Respondent was found guilty of violation of Ordinance No. 2004-41, Sec. 10.01.00, 10.02.06 & 2.02.03, for erection of canopy and ground signs without permits, which violation occurred on the property located at 521 1st Street South, Immokalee, FL, Folio#1354800003. 2. An Order was entered by the Special Master ordering Respondent to abate the violation on or before July 6, 2005 for the canopy sign and before November 6,2005 for the ground sign,or a fine of$50 per day would be assessed for each day the violation continued thereafter until abatement. (A copy of the Order is recorded at OR 3797, PG 3851 and attached hereto). 3. Operational costs incurred by the County of$230.46 were assessed and ordered to be paid. 4. No Request for Re-hearing or Appeal pursuant to Ordinance 04-46 has been timely filed. 5. Based on testimony of the investigating officer, abatement did not occur until February 15, 2007 and fines of$50 per day have accrued since July 6, 2005 for the canopy sign and since November 6, 2005 for the ground sign, for a total amount which has accrued of$25,430.46. 6. Respondent, having been duly noticed for the public hearing regarding the County's Motion, was represented at the hearing by the president and owner of the corporation, Maksudar Rahman, who advised he had full authority to represent the corporation and act on its behalf. 7. Respondent failed to present any legal basis for denial of the County's Motion for Imposition of Fines, but did present evidence of mitigating circumstances through testimony from Gary Hicks, a representative of the sign company, regarding efforts made toward compliance and abatement. ORDER Based upon the foregoing Findings of Fact and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.04-46, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondent's testimony of mitigating circumstances was taken into consideration in determining the final amount of the fines to be imposed. C. Fines are assessed against Respondent for the canopy sign at the rate $50 per day for 19 days for a total of$950 and for the ground sign at the rate of$50 per day for 43 days for a total amount of$2150, resulting in the amount of$3,100. D. Respondent is ordered to pay previously assessed operational costs of$230.46. E.. Respondent is ordered to pay all outstanding fines and costs in the total amount of$3,330.46 forthwith or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. rr� DONE AND ORDERED this (Qtday of ,h• ,2007 at Collier County,Florida. t� 416 . ' DA C.GA'4'1' SON Special Master Collier County Code Enforcement 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)403-2343. 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. LIEN RIGHTS: This order will be recorded in the Public Records of Collier County. After three (3) months from the filing of any such lien or civil claim which remains unpaid, the Special Master may authorize the County Attorney to foreclose on the lien or pursue collection on unpaid claims. In the event that outstanding fines are forwarded to a collections agency, the Violator will be responsible for those costs incurred by Collier County. APPEAL RIGHTS: Any aggrieved party may appeal a final order of the Special Master 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 shall not stay the Special Master's Order. cc: Respondent—Shadi of Naples, Inc.'," ei Collier Co.Code Enforcement Dept.v ts