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Agenda 07/28/2009 Item #16K12Item No. 16K12 Juiy 28, 2009 °'iae 1 of 30 EXECUTINTE SUMMARY' Recommendation to approve Releases relating to seven (7) Orders of the Special Magistrate against properties owned by Centex Homes. OBJECTIVE: To approve execution and recording of seven (7) Releases acknowledging compliance and recovery of fines and fees related to Orders of the Special Magistrate against properties owned by Centex Homes. CONSIDERATIONS: The proposed Releases are intended to officially cancel any interest Collier County may have arising out of certain Orders of the Special Magistrate recorded against Centex Homes properties between February 22, 2008, and October 21, 2008. Centex Homes has complied with all requirements of the Orders and paid all associated fees /fines prior to formal liens being placed against the properties. Centex Homes, however, is requesting the Releases to eliminate any claim of lien that may be implied by the Orders of the Special Magistrate. FISCAL IMPACT: Costs incurred by the County are costs of recording the Releases estimated to be $10.00 per release, totaling $70.00, which is budgeted and available in the cun-ent fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. All of the requested Releases involve payments in full (no compromises or settlements). This item is not quasi- judicial and no ex parte disclosures are required. This item requires a simple majority vote, and is legally sufficient for Board action. - JW RECOMMENDATION: That the Board of County Commissioners approves the attached Releases. PREPARED BY: Jeff E. Wright, Assistant County Attorney Paoe I of I t I, 5 K 12 7 1009 — COLLIER COUNTY BOARD OF COUNTY COM;MSSION—ERS Item Number: `6K12 Item Summary: Recommendation to approve RelFases relating to sever, (7) Orders of the Special Magistrate against properties owned by Centex Homes Meeting Date: 7'2812009 9:0000 AM Prepared By Jeff Wright Assistant County Attorney Date County Attorney CoUrity Attorney Office 71'66;: 0109 2 :28:06 Plli/i Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 7!1612009 3:46 PM Approved By OMB Coordinator 0103 Coordinator Date County Manager's Office Office of Management & Budget 7,'1712009 10:20 AM Approved By Randy Greenwald F4 ,anagernent1B'udgct Analyst Date County Manager's Office Offi�:c of Managc�nen' & Budget 7;i7,'23Ct, 1.23 171#1 Approved By Leo E. Jr- Deputy County Manager r,@"e Board of County Commissioners County F.1anager s. Otfic:e 7 117 112 0 CD 9 1: 3 0 P M file:IIC:AA�endaTest'\Export\133-Julv%2028.%202009\16.%2000NSENT%20AGENDAl\I ... 7,122/2009 This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated February 1, 2008, a certified copy of which was recorded on February 22, 2008, in O.R. Book 4332, Pages 0535, et seq., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -3531 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk go , Deputy Clerk Approved as to form and legal sufficiency: 4�_ Jeff Wight Assista'Tit County Attorney 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — PU - 3531 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent(s) ORDER OF THE SPECIAL MAC THIS CAUSE came on for pubim t earadg-befcme3a4 the Special Magistrate, having heard °acgtnnent respective to'-all Findings of Fact and Order of the - Special^ Magistrate, as follows: 'stern Ho. 1c;K12 4131285 0 : 33 Iq 5 RICORDID in OFFICIAL RECORDS Of COLLIER CODNTT, FL 02/2212008 at 11:25AK DWIGHT E. BROCI, CLERI RIC FEE 18.50 Retn :INTBR OPFICI; CODE INFORCBKENT K STIIIART 252 2496 I Magistrate on February 1, 2008, and propriate matters, hereupon issues its 1. The citation was issued— by''Qi 46's,_6o e berto� the ;: and is being contested by the Respondent(s), Centex Homes;, W"'ltbkhas/have requested'the hea ing,'w�ts %were given proper notice of the hearing, and appeared but did not-remain for the public he ". i}g, havir�g`entered into a Stipulation. 2. Respondent(s) is/are charged�wrth�,v.iolating the Ordinance;,gowerning improper irrigation, Ord. 01- 73, Section(s) 1.4(n), which prohibits County's water supply line. 3. Respondent(s) violated the ordinance by connecting to the County's water supply line without authority to do so and unlawfully using the water therefrom. 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.0744, it is hereby ORDERED: A. Respondent(s) is/are guilty of violating Collier County Ord. 01 -73, Section(s) 1.4(n), by connecting to the County's water supply line without authority to do so and unlawfully using the water therefrom. B. Respondent(s) shall pay a fine of $500.00 and an administrative fee of $5.00 on or before March I, 2008. C. Respondent(s) shall also pay the Operational Costs incurred in investigating this case in the amount of $50.00 on or before March 1, 2009, OR: 4332 PG`r,0536f :'fr* D. This is a repeat violation which may incur higher fines for any violations in the future. DONE AND ORDERED this day of `�b - , 2008 at Collier County, Florida. COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE PAYMENT OF FINES: Any fines ordered- ta...be -paid pursuant to this order may be paid at the Collier County Code Enforcement De artrnie i; L$00: Horseshoe Drive, Naples, FL 34104 fax #(239) 403 -2343. Any release of lien nr: fi^rrtafion ofeont tiarice or confirmation of the satisfaction of the obligations of this order may also'be- obtained at this location..- LIEN RIGHTS: This order will 'be- .reeorded-itf-the'P;ublic Records of Collier County. After three (3) months from the filing of any suchJien oil Maim w.hirh retnair.s unpaid, the Special Magistrate may authorize the County Attomey {1o&orecose on theiien on,pursne'collection on unpaid claims. In the event that outstanding fines are forwarded,to a colielctit3n agency, the Violator will be responsible for those costs incurred by Coliier6unty APPEAL RIGHTS: Any aggrieved party may appeal a ;final ordirr'of the Special Magistrate to the Circuit Court within thirty (30) days -of: the execution of the Order appealed. An appeal shail not be a hearing de novo, but shall be fimited,tm'appe.ilate review of the record created within the original hearing. It is the responsibility of the appealing party tc� i btam- k-transeribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatical.fy sfay_6} ' Special Magistrate's Order. cc: Respondent(s) —Centex Homes ✓ Collier Co. Utilities Department ✓ Collier Co. Code Enforcement Dept. ,"m OS F ;ounty of COLUER I HEREBY CERTIFY THAT this Is a true 00 :orrect copy of a .cocumer-a on file to Board Minutez and pecaras 'rE C�olller Count] my n is Ana Official thi ZZ%y of,r�� , �� DWIGHT E. SROGK, CLERK OF COURTS 5 ' i 2 FI z 4 :) -)0 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number T Date _ Post Date _ Payment Siip Nbr 822573 2/29/2008 9:30:49 AM 2/29/2008 MS 209352 CENTEX HOMES Payor : CENTEX HOMES Fee Information Fee AD e 06C I CITATION ADMIN FEE Amount $5.00 111113891135420700000 — _ Waived �I 06CESM CODE ENF SPECIAL MASTERS FINE' 11113891134392200000 $50.00 06CPUD CITATION -PUD f 40821015435147300000 _ $500.00 i otai i_ $555.00 Payments L Payment Code Account/Check Number Amount'. CHECK 149079 -- - - -- — – — $555.00 Total Cash $0.00 Total Non -Cash $555.00 1 Total Paid Memo: OSM PU 3531 Cashier /location: MCCAULEYKATY / 1 User: DIANAHINDALL Collier County Board of County Commissioners Printed:7/15/2009 8:50:21 AM CD -P /us for Windows 95 /NT This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3; 2008, a certified copy of which was recorded on October 21, 2008, in O.R. Book 4402, pages 1212, et seq., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4356 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk by: , Deputy Clerk Approved as to form and legal sufficiency: Jeff E Wight AssistAat County Attorney , 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DONNA FIALA, CHAIRMAN �jly 4223842 OR; 4402 PG; ��;U 5 RECORDED in OFFICIAL RECORDS of COLLIER CDR", PL 10/21/2006 at 10:33AX NIGHT 1. BROCI, CLERK RI1C F11 I9.50 Retn: COLLIER COUNTY CODE ENFORCEMENT CODE BRFORCSXER7 SPECIAL MAGISTRATE INTEROFFICE A771: XARLINB 571MIT Case No. - PU4356 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent. ORDER OF THK4EUCIAL'�314AGISTRATE ,� -i—r- A--- THIS CAUSE came on for pubiiCjih;aring before theme the Special Magistrate, having heard- aigyrnent respective to all Findings of Fact and Order of the Special MzMstratve. as follows: I. The citation was issued Vj ?,Oa ZT— Countyy�iilit by the Respondent, Centex Homq ", to has /have requa and whose representative, Christop'TE,;'Partee, Project M Respondent at the hearing and entere tnto-q Stipulation. 2. Respondent is charged with violai>\a 91- ` aiw, � 3. Respondent violated the Ordinance by 11 kbL- a health, safety and welfare violation. ORDER A Magistrate on October 3, 2008, and 1 0opriate matters, hereupon issues its 's fficer. ai- .Sanchez,.and is being contested ste tihe hearing ,kkas /were given proper notice nag2 fof Centex Homes, appeared on behalf of tom. Section 6.A.6. yrtgof a back.flow prevention assembly. This is 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 Ordinance No. 1997 -33, Section 6.A.6. B. Respondent shall pay a fine of $1,000.00, plus an administrative fee of $5.00 on or before November 3, 2008. C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount 550.00 on or before November 3, 2009. 1 1 �t ^ '� �' n r 1�� OR 4402 PGI MA '� DONE AND ORDERED this day of , 2009 at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT CtNDAACL�GARRE ON PAYMENT OF FINES: Any fines ordered 1a 6j$_4icLpurs`u 80 "ni m this order may be paid at the Collier County Code Enforcement DeparLtteti 0 North II-64 6fi Drive, Naples, FL 34104, fax #(239) 403-2343. Any release of lien o�-cdnfirmation of complianc(or e,�nfirmation of the satisfaction of the obligations of this order may /also,,.6c- 'Gb- t- EiVitat-thCs, location. LIEN RIGHTS: `i his order may b°`rF r ed`�ra the PUVR Kecords,—,gf Collier County. After three (3) ; months from the filing of any such lion or ciyd claim "4i, e,rfiai} i unpaid, the Special Magistrate may authorize the County Attorney to, fereelos n'sh en or pmrsue dolfect R.on unpaid claims. In the event that outstanding fines aie forw�ar'� �Qo_a collections a €tmgC , the'• o1 C4frwili be responsible for those costs incurred by Collier County. W APPEAL: Any aggrieved part} mad: pli�� a final order of the - )"i Magistrate to the Circuit Court within thirt , {30) days of the execution ;tfie tee -r z1' ^ales; �?z�•.4 -peal shall not be a hearing de novo, but shall be limited to appellate review o� r gcdyc eat�c4'Ntthin. It is the responsibility of the �Palin at'tt to obtain a transcr. bed mrnrd n� Tl'C I'_2.m� frn �ti� ( 1 °'i< Of Cot r S. 17:11.^. 'n repeal will not automatically stay the Special Magistrate's Order. cc: Respondent — Centex Homes v' a Collier Co_ Utilities Office 4 Collier Co. Code Enforcement Dept. ,'v .,We of F LURIDA .ouncy of COLLIER I HEREBY CERTIFY THATthis Is a tsuCso, .orreci CDDy c, L; -_ _.._..: on file W7. - doa:d Minutes _ _ ^,f ::Eller ` SS my r'- _ 'seal ffft aay ot�7C"} /WIG E . BROLK, CLERK OfCOU '$ / agenda Itern No. 16K1,2 J , ?G 9 rake 10 of 30 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number Date ( Post Date Pa my ent Slip Nbr '867362 11/10/2008 11:58:22 AM 1 1 /1 012 00 8 M5 222568 —� CENTEX HOMES Payor : CENTEX Fee Information Fee Code ! Description tion GL Account Amount I Waived 06CIAD CITATION ADMIN FEE 11113891135420700000 1 $5.00 06CPUD CITATION -PUD 140821015435147300000 $1000.00 _ 06CESM CODE ENF SPECIAL MASTERS FINE 111113891134392200000 i otal ( $1055.00 j Payments Payment Code Account/Check Number Amount CHECK 1154380 Total Cash $0.00 Total Non -Cash $1055.00 Total Paid $10555:0] Memo: OSM PU 4356 Collier County Board vI vvuiny �.viiiiTliSSiuncr5 CD -Plus for Windows 95 /NT Cashier /location: MCCAULEYKATY / 1 User: KATHLEENVANSICK Printed:7/212009 12:46:07 PM This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3, 2008, a certified copy of which was recorded on October 21, 2008, in O,R. Book 4402, Pages 1202, et .seq., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4407 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above- referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk M , Deputy Clerk Approved as to form and legal sufficiency: Z­N t- Jeff Ek. Wri ht Assist ounty Attorney 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - PU -4407 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent THIS CAUSE came on for pul ;� he�rrn e g before th the Special Magistrate, having heard�arrgument respective to Findings of Fact and Order of thq'Special--Magistrate, as folio, 'r. RINGS I �..r t` I . The citation was issued �� 66.11 sr i &rn lJtilitl' O by the Respondent, Centex. Hotit®s,\who has/have reque9W and whose representative, Christmptiet_ Cartee, Project Many Respondent at the hearing and ent%r'ed'irito a Stipulation. 2. Respondent is charged with vi 4ti mance- � 1` ; 3. Respondent violated the Ordinance y- yn This is a health, safety and welfare violation. 4. This is a repeat violation. ORDER --rata iiem. Ho. l JLily ng -900 Z 4223687 OR; 4402 PG :11102 =' of 30 RICORDID in OFFICIAL RECORDS of COLLI11 COUITY, FL 10/2112008 at 10:33AX DWIGHT 1, BROCI, CLIRI RIC FRI 18.50 Retn: COD] ]XFORCHXINT IRTIROFFICS ATTW: XARLIAI STUART Il Magistrate on October 3, 2008, and Dpriate matters, hereupon issues its �i q�ge Cascio, and is being contested ng, was /were given proper notice itex Homes, appeared on behalf of action IA(N). to the Collier County water supply. 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 Ordinance No. 01 -73, Section 1.4(N). B. Respondent shall pay a fine of $5,000.00, plus an administrative fee of $5.00 on or before November 3, 2008. OR: 4402 PG: !x,03 C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount $50.00 on or before November 3, 2008. DONE AND ORDERED this 54 day of e� '2008 at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT �m. Or PAYMENT OF FINES: Any fines ordefidoto be-paid pursuant to"this order may be paid at the Collier County Code Enforcement I pzzztmcn5��,O,�41�-��'�' Drive, Naples, FL 34104, fax n7- .:� r, "'f- - - ti�njAlzoi�j�,h ' " ' ' #(239) 403-2343. Any releasc'of lj��n pr C�n i7a ance 6r confirmation of the satisfaction of the obligations of this order qLa,, , dsbbpqb*ntd-'attliislocAio1i. !—l'! LIEN RIGHTS: This order rn.Ad be recorded in the Public Retords��C'Collier County. After three (3) Months from the filing of any such fi6n or civil claim wfa��,f-relil4it,Oiripaid, the Special Magistrate may authorize the County Attorney to fdricbse on the lien or purs7 Net/tion on unpaid claims. In the event ,�o that outstanding fines are forwarded-Z�bllecticns agpe . y,,-4hi!�,Violator will be r.sponslble for those costs incurred by Collier County. APPEAL: Any aggrieved p", 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 will not automatically stay the Special Magistrate's Order. cc: Respondent - Centex llome5 Collier Co. Utilities Office - Collier Co. Code Enforcement Dept. -,tare of F LURWA 'Our7ly Of COLLIER I HEREBY CERTIFY 7-`fg - - " - -orrect coc)y Ct r LIM, 2 r;t. OVITN ESS FIV 2-0 Ca y of' T E; aRDC-K, -LEJRK.C7F CWM r'ac)e 14 of 30 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt LTrans Number _ 866723 CENTEX HOMES Payor : CENTEX HOMES Date _ 11/4/2008 4:17 :43 PM Fee Information 7 Fee Code 1 Description GL Account Amount I Waived 06CIAD ! CITATION ADMIN FEE 11113891135_420700000 $5.00 06CESM CODE ENF SPECIAL MASTERS FINE 111113891134392200000 1 $50.00 06CPUD 1 CITATION -PUD 40821015435147300000 $5000.00 _ Total I $5055.00 Payments nt Code I Account/Check Number Memo: CSM PU 4407 Collier —I inty Board of County Commissioners CD -Plus for Windows 95 /NT Amount $5055.00 Total Cash 1 $0.00 Total Non -Cash $5055.00 Total Paid $5055.00 Cashier /location: MURPHYLINDA / 1 User: HINDALLDIANA Printed: 7/2/2009 12:42:48 PM This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE ? Pa 7, E f This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3, 2008, a certified copy of which was recorded on October 21, 2008, in O.R. Book 4402, Pages 1204, et sea., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4408 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: y E Jeff Wright Assisit County Attorney , 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — PU4408 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent. 4 -' THIS CAUSE came on for pu , ' Iv ' 'ng before the Sp the Special Magistrate, having hear atr�ufirent respective to all Findings of Fact and Order of the I eciafi' Iafagistrat�, as follc�tiys: 1. The citation was issued b�; itl e—oun ' tili by the Respondent, Centex Homes,. -wbo 7as1have rcgi and whose representative, Christoph -'F - 6rtee, Project A Respondent at the hearing and entered'`iaito�Stipulation 2. Respondent is charged with viola in 6'r� trafle-e 3. Respondent violated the Ordinance y 6r{e,- mi and welfare violation. ORDER _ _ a e m o. 16 K tt Jf y 28,, 2000 g 4223888 OR: 4402 P0:P1204 of RICORDID in OFFICIAL RICORDS of COLLIIR COOdTI, FL 10/2112008 at 10:33AK DWIGHT I. HROCK, CLIRI: Reta: RIC FII 18.50 CODI IKFORCIHIRT IRTIROFFICI ATTK: NAlLINI STINART istrate on October 3, 2008, and to matters, hereupon issues its I fficer":66orgktascio, and is being contested ilhe Hearing, was. were given proper notice Mot /t C�aatet Homes, appeared on behalf of 99�Z -3, Section 6.A.7, backflow device. This is a health, safety Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter !62, Florida Statutes, and Collier County Ordinance No.07 -44, it is hereby ORDERED: A. Respondent is guilty of violating Ordinance No. 1997 -33, Section 6.A.7. B. Respondent shall pay a fine of $1,000.00, plus an administrative fee of $5.00 on or before November 3, 2008. C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount $50.00 on or before November 3, 2008. OR: 4402 PG: 12- 0 **W DONE AND ORDERED this 34- day of U- . '2008 at Collier County, Florida. PAYMENT OF FINES: Anv fines order Collier County Code Enforcement Depar@j #(239) 403 -2343. Any release of lien 6 -bo. of the obligations of this order may'also,be LIEN RIGHTS: This order may be,'rc�z months from the filing of any such lieen pr, authorize the County Attorney to joreiclose that outstanding fines are forv.ard' 6d.to a c costs incurred by Collier County.' ✓.'. APPEAL: Any aggrieved party maj,41ap pe.al a final order of the - within thirty (30) days of the execution.- afli�te 9 det r appe�lec;-'��.a,,. but shall be limited to appellate review` he rv`c*f"�- t'4 appealing party to obtain a transcribed record oi`the- heen , . em will not automatically stay the Special Magistrate's Order. SPECIAL MAGISTRATE COLLIER COL'NTY CODE ENFORCEMENT t6. this order may be paid at the r- X800 North Nbrebfioe.•Drive, Naples, FL 34104, fax rmation of complian`eE'Zr'honfirmation of the satisfaction iue 1 , t ii' cc: Respondent — Centex Homes Collier Co. Utilities Office Collier Co. Code Enforcement Dept. ✓, G n. •.,\ rTdl-wbf Collier County_ After three (3) uay` unpaid, the Special Magistrate may ollecdc4ir ®n unpaid claims. In the event V iol'afl7r,: will be responsible for those Special Magistrate to the Circuit Court �e16eal shall not be a hearing de novo, 'within. It is the responsibility of Cite the Clerk of Courts. Filing an Appeal Nate of f LORIUA 'ounty of COLLIER I HEREBY CEpTl�—Y 11-!!,T this tSatrUetlld .orrect cagy cs ; :on �iie�ita,• . t+ozrd Min ;ice3 13f+ �'ESS 2-0 �:lats�� cay of DWIGIJ E. BROCA, CLERK OF IR'� f .. Agenda !'Lem No. 16K-;2 , - Jul 1 Y 28, 2009 Page 18 of 30 10 Official, Receipt - Collier County Board of County Commissioners CDPR1 103 - Official Receipt Trans Number I Date I Post Date 1857367 Lll/10/200812:03:24 PMT 1111/101200 CENTEX HOMES Payor: CENTEX Fee Information nent.Slip Nbr 222572 Fee Code Description CITATION ADMIN FEE GL Account Amount 111138911354-2-0700000 $5,00 U LIWaived 06CPUD CITATION-PUD 40821015435147dd0_000___'_ - $1000.00, 06CESM �_CODE ENF SPECIAL MASTERS FINE - 11113891134392200000 $50.001 I ULdl Iytlb.uu Payments Payment Code ount/Check Number CHECK 154379 Amount $1055.00 Total Cash $0-W Total Non-Cash I $1055.00] Total Paid $1055.00 Memo: OSM PU 4408 Cash ier/location: MCCAULEYKATY User: KATHILEENVANSICK Collier County Bobrul of Coup Connimissioners Printed: 7/212 009 12:50:03 PIVI CD-Plus for Windows 95/NT boom This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE } This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3. 2008, a certified copy of which was recorded on October 21, 2008, in O.R. Book 4402, PageC 12nn, et seq., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4409 has been discharged in full. The matters referenced in the Order are not considered ongoing violations The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: Jeff E. r' ht Assistant County Attorney 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: DONNA FIALA, CHAIRMAN COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — PU -4409 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent. THIS CAUSE came on for pu the Special Magistrate, having hea�d; Findings of Fact and Order of the Spec Srrmg before the R ent respective to all iVsi trate—as follows: 1. The citation was issued by£oliei Countilifies by the Respondent, Centex Horr e<.%;ho has/have request and whose representative, Christoph�ie-,,,tt�Cartee, Project Man Respondent at the hearing and entered!inj a Stipulation. 2. Respondent is charged with violas gpr`d' ftil •iX 3. Respondent violated the Ordinance by brlappr =oac health, safety and welfare violation. ORDER ge,nda If m Nc. 16K12 July ?S, 2009 4223889 OR. 4402 PG:.�20?f) f y'° r7 RICORDID in OFFICIAL HCORDS of COLLAR COOITY, FL 10/21/ZOOS at 10:33AX DWIGHT 6. SROCI, CLLR[ RIC FHB 18,56 Rettt: CON BNFORCENBAT INTIROFFICI ATTN: NARLIXJ STRAIT istrate on October 3, 2008, and to matters, hereupon issues its ,1 i iii :Tdeprge;Cascio, and is being contested ,lhea�irtg,i } = L OR: 4402 PG: i20 DONE AND ORDERED this M day of at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT L:;�ND ��C. G �A PAYMENT OF FINES: Any fines orde(edytpe .� ai2t this order may be paid at the Collier County Code Enforcement De • ytrt, 2800 North f�ori �;6,Drive, Naples. FL 34104, fax #(239) 403 -2343. Any release of lien car confirmation of compliano or confirmation of the satisfaction of the obligations of this order may"also•be obtained auhi� location. LIEN RIGHTS: This order may be' rrect?de�t'4n}i FuTitc�rd%t�f Collier County. After three (3) months from the filing of any, sych Iten or civil claim;whj> 4j eeriiai unpaid, the Special Magistrate may authorize the County Attomey to foret ]65e ¢rl,tht l eiW Qlir gi_ursue�eol1ecti©t+,on unpaid claims. In the event that outstanding fines are foru•a6ded,to a collections ageni�y, be responsible for those costs incurred by Collier County, ?' APPEAL: Any aggrieved party may.-,appeal a final order of th pbzial Maeistrate to the Circuit Court within thirty (30) days of the executionafther4rd�r Eppealesi�t�_ appeal shall not be a hearing ue novo, �. . but shall be limited to appellate reviewbf,�tlie�reca�dt "elated" ,.vithin. his the responsibility of the appealing party to obtain a transcribed record of-thr-hearingfrom the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent - Centex Homes Collier Co. Utilities Office Collier Co. Code Enforcement Dept. Iy state at f t -DRIUA ,ounty of COLLIER I HEREBY CERTIFY THATthis Is StIft"10 :orrect CODY of `nr on f♦�IA v �" hoard MiinutP CEriEiBC,fiOl iyiTNVSS rrty t ` ML aay o4..� =` T �Y','IG E. BROC E CLERK OF C4 4ern No 16K12 Pa�e --2 of 30 Official Receipt - Collier County Board of County Commissioners CDPRI103 - Official Receipt i Trans Number Date Post Date Payment Slip Nbr �--8673-65 __ t11/10/200811.E-9-.-42-AM— 1-1/10/2008 MS 222571 CENTEX HOMES Payor: CENTEX Fee Information Fee Code Description GL Account Amount Waived 106CIAD CITATION ADMIN FEE 111113_891135420700000 - 1 $5.00, 106CPUD CITATION-PUD -F---.,' 1408210-15435147300000 $1000.00 06CE—SM CODE ENF SPECIAL MASTERS 11113891134392200000 FINE $50.00 Payments Memo: OSM PU 4409 Collier County, Board of County Corinn-iissioners CD-Plus for Windows 95/NT i otai L $1055.00 � Total Cash $0 .00 Total Non-Cash $1055.00 Total Paid L-3-1-055:0)01 Cashier/location: MCCAULEYKATY / 1 User: KATHLEENVANSICK Printed: 712/2 D09 12:55:33 PM This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE n�,,y i' "0' This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3, 2008, a certified copy of which was recorded on October 21, 2008, in O.R. Book 4402, pages 1208, et seq., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4433 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release. Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: t r Jeff E W �ght Assista County Attorney 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DONNA FIALA, CHAIRMAN COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. - PU -4433 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent. THIS CAUSE came on for pula,(j ��!ri g before the Sp the Special Magistrate, having heard'akg9ment respective to all Findings of Fact and Order of the S " ciao I my — jsrratC„�� follows: ! - t `,,.rJ ]. The citation teas issued`'by';C'�i r oC \..unty'Tti, contested by the Respondent, Cent0c.'149mes, who has/have notice and whose representative, bhfidupher Cartee, Proj behalf of Respondent at the hearing ar4-eptrzed into a Stipu 2. Respondent is charged with violat [ g'i�tatise -Aft 3. Respondent violated the Ordinance bhb welfare violation. ng2i'luc i':E iri ±`v o. 16 612 4223890 OR: 4402 PG;}2 208 of 3" RECORDED in OFFICIAL RECORDS Of C01LI11 CODIZTI, FL 10/21/2008 dt 10:13AK DWIGHT 1, BROCL, CLERK RBC 111 18.50 Retn: CODE EAFORCIBIIT IRTIROFFICI AT71: KARLI11 STIVAIT 10 istrate on October 3, 2008, and ite matters, hereupon issues its Vficei'(tike Andresky, and is being ied Xtrehearing, teas /were given proper rtagea6r Centex Homes, appeared on rti` /r ,�3, Section 6.A.6, v device. This is a health, safety and 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 Ordinance No. 1997 -33, Section 6.A.6. B. Respondent shall pay a fine of $1,000:00, plus an administrative fee of $5.00 on or before November 3, 2008. C. Respondent is further ordered to pay the operational costs incurred in prosecuting this case in the amount $50.00 on or before November 3, 2008. E - J ily K)C3 rage 25 o." K1 S OR; 4402 PG; 1209 * / DONE AND ORDERED this 3 W day of _&t , 2008 at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT e41 t PAYMENT OF FINES: Any fines ordered*toi e_w � '`' Collier County Code Enforcement De pard grs-Wro fa this order may be paid at the 9• 'i t;�800 Nort h HorseshZievDrive, Naples, FL 34104, fax 4(239) 403 -2343. Any release of liep'oll.- &firmation of complian� or confirmation of the satisfaction of the obligations of this order may,215016 location. `. LIEN RIGHTS: This order mayli be; re ate�i�i�ihe T'r}-t,>tc Records�o� Collier County. After three (3 ) months from the filing of any such lion, or civil elaem whi&h retmairi4'unpaid, the Special Magistrate may authorize the County Attorney o f re' ose T a y s ,N ,��heirert oc pursue cbllectipi oh unpaid claims. In the event that outstanding fines are forwarded to `a colieci +ons agency, they' olatefil! be responsible for those costs incurred by Collier County. APPEAL: Any aggrieved party may appeal a final order of the,:Spe�iaT'Maaistraie to the Circuit Court within thirty (30) days of the executiol�f jh�_ Or�rr aPpA �d� �n1 peal shall not be a hearing de novo, but shall be limited to appellate review' -of �thct'fecordt *_ate"ithin. It is the responsibility of the appealing party to obtain a transcribed record oT& -hesri v { ,;, the Clerk of Courts. Filing an Appeal will not automatically stay the Special Magistrate's Order. cc: Respondent —Centex Homes Collier Co. Utilities Office t oe Collier Cc, Code Enforcement Dept. i• 4tbte o f cUkWA � :.aunty of COLLIER I HEREBY CERTIFY THff this is a true and :orrect cony w a coca :grit bps file trt Board Minutes arj+ P-tr -arcs of -G, her Couro SS my naf: *; G1.. — > aay or O _ j _JWICT E. BROCA, MARK OF CAURtS I .._ -.... ........ .. u anua item, No. i6K,2 Jully'8, 20190 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number I Date Post Date Payment Slip Nbr 867364 1 11/1012008 11:59 :16 AM 11/10/2008 MS 222570 CENTEX HOMES Payor : CENTEX Fee Information Fee Code Description GL Account 06CIAD i CITATION ADMIN FEE 1 1 1 1 3891 1 3542D_700000 06CPUD CITATION -PUD 40821015435147300000__ OfiCESM CODE ENF SPECIAL MASTERS FINE 11113891134392200000 _ Total Payments - Amount Waived $5.00 1000.00 $50.001 1055.001 u ��,,,....,�.�. CHECK 15437fi _ _ $1055.00 Total Cash $0.00 Total Non -Cash $1055.00 Total Paid $1055.D0 Memo' OSM PU 4433 Collier County Board of County Commissioners CD -Plus for Windows 95 /NT Cashier /location: MCCAULEYKATY / 1 User: KATHLEENVANSICK Printed: 712/2009 12:55:03 PM This instrument prepared by: Jeff E. Wright Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 252 -8400 RELEASE This is to certify that any interest Collier County may have arising out of the Order of the Special Magistrate dated October 3, 2008, a certified copy of which was recorded on October 27 2008, in O R nn4 ^^r/�1 ^ ^ '''�^ t t 0 .., . O.R. 8,,.... TTVL, ayeJ IG �.,, e! JCI�'., of the Public Records of Collier County, Florida, against the real and personal property owned by Centex Homes which are the subject of Collier County Code Enforcement Case No. PU -4434 has been discharged in full. The matters referenced in the Order are not considered ongoing violations. The undersigned is authorized to and does hereby release any interest Collier County may have to the whole of the above - referenced real and personal property, and all other real and personal property owned by Centex Homes, and consents to this Release_ Dated this day of ATTEST: DWIGHT E. BROCK, Clerk By: , Deputy Clerk Approved as to form and legal sufficiency: � Jeff right Assis nt County Attorney , 2009. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA la DONNA FIALA, CHAIRMAN -, COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. — PU -4434 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CENTEX HOMES, Respondent. �-',c!enda' vm No. 1,aK'2 ,i,;iy ?g, 2, "),'9 4223891 OR: 4402 PG: P12168 ��` 3 If RICORDID in OEPICIAL RECORDS Of COLLIER CODITI, YL 10/21/2008 at 10:33AX DfIGHT I. BROCI, CLLR[ RIC YII 18.50 Retn: CODE INYORCUSIT I1ITHRUPICI hlTN: NARLIHI STRAIT THIS CAUSE came on for pu a.rio`�r 5j before the`5pp6gia Magistrate on October 3, 2008, and the Special Magistrate, having heard' a�FUni OR; 4402 PG. '' z DONE AND ORDERED this day of ��_, 2008 at Collier County, Florida. SPECIAL MAGISTRATE COLLIER COUNTY CODE ENFORCEMENT (] ENDA C. GAR.RE ON PAYMENT OF FINES: Any f nes ordefedQ4'aict pzir`s tattt;t Collier County Code Enforcement Dep$rtir' & 2 00 North Horsed 4(239) 403 -2343. Any release of tied o� confirmation of complianc of the obligations of this order may also 6-5 ai-Bi new at his location LIEN RIGHTS: This order ma1v be,'pec dvd'in=_ P +c •e months from the filing of any such lien or civil claim' -vh e}inrt' authorize the County Attorney to )orr3elose dzi\titit ldeta�oir phrrsue that outstanding fines are fbm�arded to a col lecuons agency, ih costs incurred by Collier County. '° r` this order may be paid at the ePrive, Naples, FL 34104, fax or confirmation of the satisfaction ` Collier County- After three (3) unpaid, the Special Magistrate may turciff-on unpaid claims. In the event iokAof r twill be responsible for those , APPEAL.: Any ag,rieved party ma b pbal a final order of theiapkial Magistrate to the Circuit Court Within thirl} (30) days of the execution -d shat! ; of be a h acing de ncvo, but shall be limited to appellate review t�4h�`ijj cQ, Jt�t`yatet3'ivithin. It is the responsibility of the appealtng pamj to obtain a transcribed record h� beano g from the Clcrk of Couis. Filing an .appeal will not aulomatically stay the Special Magistrate's Order. cc: Respondent - Center: Homes � A Collier Co. Utilities Office Collier Co. Code Enforcement Dept. nY sr�,re u, ' LUKIUA ,ounry of COLLIER ► HEREBY CERTIFY THATthIS Is a true sea 3oard Minutes AFITNESS my -" ;iar sea4° _ ZO aay of oc • ?_AA'_ - I E. BROLK, CLERK M enza Item No, ^;6K12 July ?S.Qtl9 nz : 3f 30 3 Official Receipt - Collier County Board of County Commissioners CDPR1103 Official Receipt Trans Number Date 1 Post Date Payment Slip Nbr 867363 11/10/2008 11:58:51 AM 11111012008 MS 222569 CENTEX HOMES Payor : CENTEX Fee Information Fee Code Description GL Account _ Amount Waived _ 06CIAD CITATION ADMIN FEE 11113891135420700000 $5.00 06CPUD CITATION -PUD 40821015435147300000 $1000.00 � 06CESM !CODE ENF SPECIAL MASTERS FINE 11113891134392200000 $50.00 L Total L. $1055.00] Payments j Payment Code Account/Check Number Amount j CHECK 1154375 1 $1055.00 Total Cash $0.00 Total Non -Cash $1055.00 Total Paid j $1055.00 Memo: OSM PU 4434 CHRIS Collies County ward of County Commissioners I-M F-, 1Af; -A ...... nr /A1T Cashier /location: MCCAULEYKATY / 1 User: KATHLEENVANSICK PFInted.7%2/2009 12.50.41 PM