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CESM Orders 08/17/2007 7111111Zk COLLIER COUNTY CODE ENFORCEMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION 2800 N.Horseshoe Dr. • Naples,Florida 34104 • 239-403-2440 • FAX 239-774-8505 MEMORANDUM 2007-10 DATE: September 12, 2007 TO: Patricia Morgan, Clerk of Courts - Records FROM: Arlene Harper, Administrative Secretary RE: OSM Orders/Liens A1,H, f. ma/ ' ' 1' - L i! Please find attached the orders issued by the Special Magistrate. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders/Liens and return the originals to: Arlene Harper, Administrative Secretary 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. AH cc: COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.— 2006-040682 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JEAN CLAUDE MARTEL, Respondent(s). ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Special Magistrate on August 17, 2007, and the Special Magistrate, having considered the matter and being duly advised in the premises, hereby grants the Motion to Continue. ORDER Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.07-44, it is hereby ORDERED: The County's written Motion for Continuance is Granted. DONE AND ORDERED this ji.4k day of 4, ,2007 at Collier County,Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE '1 L A IA.. al • B' 'NDA . GA' ' W cc: Respondent(s)—Jean Claude Martel✓ .�,,, _ , ,�� Q Collier Co. Code Enforcement Dept. 1 Aunty Ur CO1.L1E� I HEREBY CERTIFY THAT this IS a true and correct copy ot ocdtm rt on file in Board Minutes and t ;:ct).-ss of Collier County w `S 1y i��,0;t 0 ► s:al t3tts DWIGHT E;,BROCK,,CLE K OF COURTS w, rk" E COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. -2004-060665 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JEAN CLAUDE MARTEL, Respondent(s). / AMENDED ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on before the Special Magistrate upon the County's Motion to Amend on August 17, 2007, and the Special Magistrate, having heard testimony under oath, received evidence, and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. The owner(s) of the subject property is/are Jean Claude Martel. 2. Respondent(s) was/were notified of the date of hearing by personal service. 3. The Special Magistrate has jurisdiction of this matter and the Respondent(s), who was/were duly notified, appeared at the public hearing. 4. The real property located at 3000 Karen Drive, Naples, Florida 34112, 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 5. The violation was not abated 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 Ordinance No.07-44, it is hereby ORDERED: A. The County's Motion to Amend is granted. B. Respondent(s) is/are are ordered to abate the violations by removing all litter from the property to a properly designated deposal facility and/or storing desired items within the confines of a completely enclosed structure on or before May 16, 2005, or a fine of $150.00 per day will begin to accrue 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$152.29 on or before June 6,2005. D. If Respondent(s) fails to correct the violations within the time frame given herein, the County is directed to obtain compliance by contractor bid-out and to obtain the assistance of the Collier County Sheriffs Office to enforce this Order. All costs of such abatement shall be assessed against and become a lien upon the property. E. Respondent shall notify the Code Enforcement Investigator, Thomas Keegan, within 24 hours of abatement so that a final inspection may be performed to confirm compliance. et FLORIDA DONYAW " °c 'w 7' *k day of a-,2007 at Collier County, knurly of COUSRda. ) HEREBY CERTIFY111AT tbls 1s a true and COLLIER COUNTY CODE ENFORCEMENT :orrect copy 'of. a (loo m:FA on file In 3oard Miautca and ;..r 'a '•, C =�icr Counts SPECIAL MAGISTRATE 5S•my f7` �{� u�ii5 t'}. icsi s:wi•Chjs I Or stay of die,,• 47 4 C 41,1AA1VA, )WIGHT"E. BROC,K,CLERK OF COURTS NDA C. GARRETSON Birs PA EN 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 Magistrate 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 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. 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 Magistrate's Order. cc: Respondent(s) - Jean Claude Martel Collier Co. Code Enforcement Dept. ,3.01 COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—DAS—11326 through 11350 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. HARSH SHARMA, Respondent(s). ORDER OF THE SPECIAL MAGISTRATE THIS CAUSE came on for public hearing before the Special Magistrate on August 17, 2007, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate, as follows: FINDINGS OF FACT 1. The citation was issued by Domestic Animal Services Officer Anita Martindale and was contested by the Respondent, Harsh Sharma, who requested, but did not appear at the public hearing. 2. The Respondent is charged with violating the Ordinance governing the prohibition against livestock running at large,Chapter 14-36A(10XC),by allowing livestock to run at large. 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.07-44, it is hereby ORDERED: A. Respondent is guilty of violating the ordinance prohibiting livestock from running at large by allowing twenty-five(25)goats to run at large. B. Respondent shall pay fines of$100 for each of the 25 citations, for a total civil fine of$2500.00, administrative costs of$7.00 per citation for each of the 25 citations, for a total of administative costs of $175.00 and operational costs for all citations totaling$2500.00, for a total amount of$5175.00 due on or before September 17,2007. DONE AND ORDERED this /7d day of 2007 at Collier County,Florida. ni F01104 i HEREBY CERTi Y, `hA t � correct copy of a e m ,ent on file tat, oarr! Minute � i of Go 11eticountx COLLIER COUNTY CODE ENFORCEMENT ►TRESS my ;-r* tti {-seal tls SPECIAL MAGISTRATE day or La r/ r,.. • DWIGHT.E. BROGK CLERi 01F QbURTS Aid 1 avt 1111,41LjelLe46-4-. (140 kl N 6 A C. GA'.'. TSON PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104,fax#(239)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 Magistrate 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 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. 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 Magistrate's Order. cc: Respondent—Harsh Sharma Domestic Animal Services Office ✓ ��,p� Collier Co. Code Enforcement Dept COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2005-110434 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MELQUTADES R.BUCKOW, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION FOR IMPOSITION OF FINES THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines on August 17, 2007, 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 March 3, 2006, Respondent was found guilty of violation of Ordinance No. 04-41, Sec(s) 1.04.01, for unlicensed and inoperable vehicles, which violation occurred on the property located at 6461 Bottlebrush Lane, Folio#38456440008. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 13, 2005, 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 recorded at OR 4001,PG 0303 and attached hereto). 3. Based on testimony of the investigating officer, abatement has occurred as of the date of the hearing, and no fines have accrued. 4. Operational costs incurred by the County of$210.10 were assessed and ordered to be paid on or before April 3, 2006. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Respondent was duly noticed and appeared at the public hearing, but failed to 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.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondent is ordered to pay previously assessed operational costs of $210.10 on or before November 17, 2007 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this thI6,day of Azi.) . ,2007 at Collier County,Florida. Aga PIA NIAC. GA'' Special Magistrate 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 Magistrate 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 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 shall not stay the Special Magistrate's Order. cc: Respondent—Melquiades R. Buckow/ Collier Co. Code Enforcement Dept. / )1 V lawny Ct COWER I HEREBY CERTIFY THAT this is a'!MIS correct copy of a occuricrit on;Ofeitn Board Minutes and 9311ier Ccunts Mit my h a tt ei`i :at:i X81 Ibis t, ay of 603'00 °WIGHT E. BROCK, CLERK OF COURTS 1110 rr� , _�3�. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2005-040533 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MEREST EXILHOMME and VENITE EDUOARDO, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION FOR IMPOSITION OF FINES THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines on August 17, 2007, and the Special Magistrate, having heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Special Magistrate,as follows: FINDINGS OF FACT 1. On June 3, 2005, Respondent was found guilty of violation of Ordinance No. 04-41, Sec(s) 1.04.01 and 2.01.00, for unlicensed and inoperable vehicles, which violation occurred on the property located at 8485 Bayshore Drive,Naples,FL 34112,Folio#48783920003. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before June 13,2005,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 recorded at OR 3837,PG 0552 and attached hereto). 3. Based on testimony of the investigating officer, abatement has occurred as of the date of the hearing,and no fines have accrued. 4. Operational costs incurred by the County of$92.18 were assessed and ordered to be paid on or before June 13,2005. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Respondent(s)were duly noticed for the public hearing. Respondent, Venite Eduoardo, appeared at the public hearing on behalf of herself and the Respondent, Merest Exilhomme, but failed to introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines. ORDER A. Petitioner's Motion for Imposition of Fines is granted. B. Respondent is ordered to pay previously assessed operational costs of $92.18 on or before November 17, 2007 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this (7-lit, day lit 41j ,2007 at Collier County,Florida. q ( 10At 1 ) - t ' 1 i - ; .I 'I A C. GARRE ON Special Magistrate 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 Magistrate 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 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. I 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 Magistrate's Order. cc: Respondent—Merest Exilhomme&Venite Eduoardo ,--" Collier Co. Code Enforcement Dept. 1. 41 13 31: ".O 1 l f y .- ,,,, $ ;, ;+.�jn y of COLLIER ': i '-1 PREP CERT{1ZYTI-F tths 13 a trite ,:orrevtpcot/ c7 G c";� i�1`tbn file in ..a' iY rd ;ntl`!�:.r.,-d i •M.'+3rcls -s C4lU r Counts 1 'r L S3 rn" ,,-. 'nu crir :l seal this DWIGHT E. BI QC,K, CLERK OF COURTS ti` COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2005-120042 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WINDLE F. CLARK, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION FOR IMPOSITION OF FINES THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines on August 17, 2007, 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 March 3, 2006, Respondent was found guilty of violation of Ordinance No. 04-41, Sec(s). 4.05.03, for uncovered vehicles parked at the side of the house, which violation occurred on the property located at 660 Pine Vale Drive,Naples, FL 34104, Folio#65671080009. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 6, 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 recorded at OR 4001, PG 0310 and attached hereto). 3. Based on testimony of the investigating officer, abatement has occurred as of the date of the hearing, and no fines have accrued. 4. Operational costs incurred by the County of$152.98 were assessed and ordered to be paid on or before April 3, 2006. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Respondent, who is deceased, was represented at the public hearing by Karen Clark, wife of the Respondent's son, who testified that she had authority to appear on behalf of the estate, but who failed to 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.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Respondent is ordered to pay previously assessed operational costs of $152.98 on or before November 17, 2007 or be subject to Notice of Assessment of Lien against all properties owned by Respondent in Collier County, Florida. DONE AND ORDERED this(Wil day of . ,2007 at Collier County,Florida. 1 Id II : ikaii � • DA C. GARRETSON Special Magistrate 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 Magistrate 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. I APPEAL RIGHTS: 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 shall not stay the Special Magistrate's Order. cc: Respondent—Windle F. Clark✓ A c/o Karen Clark �.3i-o) Collier Co. Code Enforcement Dept,/ TI of FLORIDA f,:.r' , `.aunty of COLLI # 4 " ` `1 -,'i I HEREBY C!RT' Y T.t (this is-a true MO correct copy:fit a up li «` t i fila in acard W+{:illits% ail d{-_� '. ",1a'AT O!tier County j+WS r.�r t:= c:�; c� cat" CAW 1day f c 9 P1GHT E. BROOK,CLERK OF COURTS. Ififslaii.413i4014". \ .,+ D.C."o.. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No.—2005-120045 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WINDLE F. CLARK, Respondent(s) ORDER OF THE SPECIAL MAGISTRATE ON PETITIONER'S MOTION FOR IMPOSITION OF FINES THIS CAUSE came before the Special Magistrate for public hearing upon the Petitioner's Motion for Imposition of Fines on August 17, 2007, 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 March 3, 2006, Respondent was found guilty of violation of Ordinance No. 99-51, Sec(s). 6, for accumulation of litter on residential property, which violation occurred on the property located at 660 Pine Vale Drive,Naples, FL 34104, Folio#65671080009. 2. An Order was entered by the Special Magistrate ordering Respondent to abate the violation on or before March 6, 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 recorded at OR 4001,PG 0309 and attached hereto). 3. Based on testimony of the investigating officer, abatement has occurred on March 13, 2006, and fines in the amount of$50.00 per day for 6 days have accrued, for a total amount of$300.00. 4. Operational costs incurred by the County of$170.11 were assessed and ordered to be paid on or before April 3, 2006. 5. No Request for Re-hearing or Appeal pursuant to Ordinance 07-44 has been timely filed. 6. Respondent, who is deceased, was represented at the public hearing by Karen Clark, wife of the Respondent's son, who testified that she had authority to appear on behalf of the estate, who failed to introduce evidence or present any legal basis for denial of the County's Motion for Imposition of Fines, but did introduce evidence of 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.07-44, it is hereby ORDERED: A. Petitioner's Motion for Imposition of Fines is granted. B. Based on mitigating circumstances, the accrued fine amount is reduced and Respondent is ordered to pay fines in the total amount of$150.00. C. Respondent is ordered to pay previously assessed operational costs of$170.11. D. The total amount to be paid by the Respondent is $320.11. DONE AND ORDERED this day of • ,2007 at Collier County,Florida. 1 O .=∎1 A Aid / ►.t om " IAC. G• ' i T i