Agenda 02/25/2020 Item #16A 6 (Release of Lien - Code Enforcement)02/25/2020
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a value of $93,973.60 for
payment of $1,000 in the code enforcement action entitled Board of County Commissioners v.
Bruce Schmidt, relating to property located at 4735 Dorando Dr, Collier County, Florida.
OBJECTIVE: That the Board of County Commissioners accept an offer to release a code enforcement
lien with an accrued value of $93,973.60 for payment of $1,000, in relation to Code Enforcement Special
Magistrate Case No. CEPMPM20170010615.
CONSIDERATIONS: When the subject property was owned by Bruce Schmidt, the Code Enforcement
Special Magistrate ordered the imposition of a code lien on the property, due to a code violation. The lien
was for a violation consisting of a stagnant and unsecure swimming pool at the residence. The lien was
recorded on August 20, 2019, at O.R. Book 5664, Page 3429. The current lien amount is $93,973.60,
based on 375 days of accrued fines ($250 per day from November 7, 2018, through November 15, 2019)
totaling $93,750 and $223.60 in operational costs. The property was brought into compliance on
November 15, 2019.
Pursuant to Resolution No. 2012-46, a request for reduction of fines may be considered, in part, when a
lien encumbers property under new ownership, and the new owner has diligently pursued abatement and
achieved compliance and/or when payment of the lien would impose a severe financial hardship on the
owner. Mr. Schmidt has been unable to pursue abatement due to extensive health issues. His wife,
Martha Schmidt, was added via Quit Claim Deed recorded on September 24, 2019, at O.R. Book 5677,
Page 629, to bring the property into compliance. The Schmidt's currently live on a limited income with
many financial obligations due to Mr. Schmidt’s health. It took a substantial amount of time and money,
with expenses totaling over $40,000, to make the home livable and bring the property into compliance.
There was extensive follow up with Code Enforcement and permitting departments due to permit fees,
and inspections to come into compliance. The property is being actively maintained, and the owner has
paid $1,000 in settlement of fines.
The owner is requesting a waiver of $92,973.60 in accrued fines, see attached hardship letter as requ ired.
There are no known code violations remaining on the property.
FISCAL IMPACT: Payment of $1,000 in settlement of fines has been received. If approved by the
Board, accrued fines in the amount of $92,973.60 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
action.
LEGAL CONSIDERATIONS: The County Attorney’s Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board’s
policy contained in Resolution 2012-46 KN
RECOMMENDATION: To waive the remaining fines in the amount of $92,973.60, accept payment
amount of $1,000, and authorize the Chair to sign the attached release and satisfaction of liens for
recording in the Official Public Records.
Prepared by: Michael Ossorio, Director, Code Enforcement Division
16.A.6
Packet Pg. 1203
02/25/2020
ATTACHMENT(S)
1. Hardship Letter (PDF)
2. Backup Documents (PDF)
3. Lien Orders (PDF)
4. Executed release (PDF)
16.A.6
Packet Pg. 1204
02/25/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.6
Doc ID: 11341
Item Summary: Recommendation to approve the release of a code enforcement lien with a value
of $93,973.60 for payment of $1,000 in the code enforcement action entitled Board of County
Commissioners v. Bruce Schmidt, relating to property located at 4735 Dorando Dr, Collier County,
Florida.
Meeting Date: 02/25/2020
Prepared by:
Title: – Code Enforcement
Name: Dana Rarey
01/14/2020 10:09 AM
Submitted by:
Title: Division Director - Code Enforcement – Code Enforcement
Name: Michael Ossorio
01/14/2020 10:09 AM
Approved By:
Review:
Code Enforcement Colleen Davidson Additional Reviewer Completed 01/14/2020 2:53 PM
Growth Management Department Judy Puig Level 1 Reviewer Completed 01/15/2020 2:43 PM
Code Enforcement Michael Ossorio Additional Reviewer Completed 01/21/2020 10:34 AM
Growth Management Department James C French Deputy Department Head Review Completed 01/21/2020 10:43 AM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 01/21/2020 1:57 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/21/2020 2:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 01/21/2020 2:28 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 01/21/2020 3:28 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/22/2020 1:22 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 02/13/2020 1:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/25/2020 9:00 AM
16.A.6
Packet Pg. 1205
To whom it may concenn ,
November t2th, 2qt9
My name is Martha Schmidt. My husband is Bruce Schmidt'
I am writing this letten to you today in hopes
of explaining alt that has occured since my arrival on
August 6th 2o!9. You see t'le have not resided in
Collien county since fune o+ zoff. uie moved as a nesult
of my husbands heant attack and tniple bypass.
He was unable to find any work, I was employed fon 10
yrs at NCH.In that year 201L I was lucky to get
8 houns a week, as the hospital was in transition'
I was at that time literally borrowing fnom peten to
pay Paul. Anyway we moved to family home to which
I was nesponsible for along with paying the monthly
note on this propenty.
we went thnough a property mananger and did nent the
pnopenty fon well betow the cost of mortage.
skip forward to 2oL5 ' we had a nenten by the name of
Cuntis Poulsen at oun pnoperty. He did neside thene until Sept
1st of 2019,
on luly 3oth of 2019, curtis sent me an emaif and or
pants of an official letter from collier county special
magistnate dated
July sth. I am stilt not sune to this day if this
notice would have been sent by negistered mail as I have neven
seen the hand
copy itself, only what he photognaphed and sent via
email.(To which he held until luly 30th.
If it was negistered mail, then I ask myself who signed
my husbands name.
I immediatly called my job took leave without pay and
drove down, I arrived hene in collier county on
August 6th 2olg. ny very first stop was the court house
to which I spoke with a very nice woman who
put me in direct contact with Enik shont of code
16.A.6.a
Packet Pg. 1206 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
When I annived to say the least I was in total
disbellef as to the condition of my home.Erik from cE warned me.
Gnass was up to my knees
PooI had 3ft of Black water in it with a million
tadpoles and god knows what else and No coven, to which was
in place aften Inma, tnash all oven yard, bunied in 5
in of dint and sand lay my hunnicane shutters which were placed
thene
aften Inma and neven put away by oun nenten.
I stanted calling contnactons immediatly, getting
enfoncement.
Enik was to say the least surprised when I told him
that we had not resided in the county since 2011.
You see as I just found out today (Nov t2th 2Ot9) by
Renold of Code enfoncement , that property mananger
we had way back, Neven informed us that we had to
change oun official address through the property
appraisens office. I just simply changed our address
through the post office back ln 2ou.
The notices that were sent out Never reached my husband
and I. our renter said there was only 1 issue aften inma and that
it had to
the fence and the pool. I cal1ed code enforcement back
in Apnil and spoke with supposed head of code enforcement named
Ben. We
spoke for at least 30 min and not once did he ever say
I was being fined. We spoke about the gate sunnounding the
property.
Ben had all of my contact information. said he would be
in touch but neven ca1led me back and I called 2x and never got a
neply fnom anyone.Nor did my renter inform us.
After Inma my husband came down, drained,covered the
pool and secured the gates as this is what the county wanted. The
Lanai was totally destnoyed as a result of lrma, our Insunance
did not coven any of
pool on Pool enclosure even though it was attached to
the house.
16.A.6.a
Packet Pg. 1207 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
r had the pool totally resurfaced to the cost of 6
'2@oDeck was also resurfaced as it was cracked in numerous
places. 6000.00
New Lanai cost 74'7oo
Yand clean uP 72OO.OO
Tnash nemovaf to dump 3 trips approx LIO,OO
Attorney fees 355. aa
notar
Count
New d
Sanitation and
getting cut
the yard person notified me that there was a veny wet
spot out front where the septic tank is.
0n top of all of these costs which wene outside.
I have also spent close to 4O,OOO.OO on the Inside of my
home,along with my veny patient brother in 1aw, who has given 6
weekends of time to help me
make repains that wene never completed via the renter
supposedly also contnacton who was ?aid 5o,ooo.oO by our flood
insurance company to make repains aften Irma. I was literally
almost ki 1led
by 220 electnic because my wonderful nenten put a 4
pnong plug onto my dryer but neven changed the box which was
pnotnuding fnom
the vrall, No coven, Nothing. I got a cover and thank God
I was touching the plastic part because as I went to push the box
back
the entire socket Arced out in front of my face.
I cannot tell you how much sweat I have put into said
property in this letter alone as it would be a novel I only know
that I
have taken 4 months of my time away from home to try my
yfyf
rai
thi
ees 150.00
ees 230.00 appnox
nfield 5,500 which work just stanted by Monte
s is just an estimate as 5 weeks ago when lawn
estimates, making ca11s and evenyweek I called and updated Enik
shont of code
enfoncement as to the pnogness of the job at hand.
16.A.6.a
Packet Pg. 1208 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
best to complete what my husband could not due to
+aiting health, After heant attack my husband suffered 2
minor stnokes with residual and a horrid fal} in
the Past 2 Yns.
He no longer processes information correctly and tines
physically with in 30min to t houn. his right hand and 1eg along
,ritn t'is bnain neceptors no longer work the way they
did.He is 62 yrs old, I am 54 and not in pnime condition myself
but I
took this project on. I am in no way able to pay the
fines against me. The money I have already spent
came from sale of my family home' I understand that I do
have to pay fon the papenwork and can manage that'
I can pay onLy L,O@o.AO as I have only small amount left
fnom the pnoceeds of the sale of my home and
h"r" not worked in 4 months because I was here trying to
set things straight.
I am leaving to neturn back to my residing state on
November 18th, hopefully my job will be available as
now I am neanly broke as I continue to pay bills up
north and mortage and bills hene in collien' Please, Please'
Please know I or my husband neven wouLd have allowed oun
property to be in such condition.
Oun nenten I have the feeling was banking that neither I
nor my husband would be down again'
he led us to believe evenything was fine and that we
could tnust him, to which obviously was not the
case.I am pending legal action against nenter at this
phase, although I know I will never see a dime'
I will however try to ensure that he NEVER does this to
any othen person in the state of Florida'
I am giving you my personal contact information in case
you have any questions that I may be able to answen'
Mantha schmidt
10 knickenbocker dnive
Newark De}, 34103
16.A.6.a
Packet Pg. 1209 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
6to 6tz 7756
office.
this addness is now tisted with county appraisers
Thank you fon youn time
Martha schmidt
My husband has arnived and my son will be coming
shortly, they should be in the
home located at 4735 dorando dnive until at least mid
Decemben.
16.A.6.a
Packet Pg. 1210 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
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FIAug 11th.
AUGUST 12TH
l.Called rain control aluminum for estimate to gutters.spoke with stacy.await call back.
2.Called Southern Pools
Spoke with Todd Akers who will be out at 130 today for estimate of resurfacing pool. 6, 200
total. Can start immed.
AUGUST 13TH
1.went to WF withdrew 5G cash for deposits for both companies today.
2.. MET with Todd Akkers of Southern pools. Contract reviewed. materials such as tile also
discussed.
Deposit of 3100.00 cash in 100.00 bills given to Todd. This is half of payment.
3. Contacted tenant (curt) by text to give him notice that contractors will be on property starting
tomorrow morning and will be there all day.
Also asked that he clear back of house as well as moving car and trailer.
4. Met with Felix in the afternoon from GID screening , reviewed contract, tor 12,280.41 for
Lanai .
signed contract and gave deposit of 6, 200.00 cash . kelly to file for permits and equiptment
should be put on property by friday the 16th.
AUGUST 14TH
Southern pools on property and work has begun
Aug 14th continued:
2. Spoke with Stacie at Rain Control Aluminum about new gutters, proposal to be rewritten due
to New Lanai structure plans.
John will contact me via phone to discuss further.
3. Texted tenant about equiptment (pallets) being delivered and placed on property .
AUGUST 1sTH
1 . No pool work as of 1016am.rain.
'1 .Contacted Jeff Wilson pools for estimate. Waiting for call back.
2. Had electrician come look at electrical panel inside, for safety as result from fried charred
extension cord attached to sump pump seen at bottom of shallow end of pool.
Richard from SCOTTISH ELECTRIC OF NAPLES arrived at 1 30pm. We were finished by 145.
Says breaker panel is in good shape as he took off cover to examine. Front door locked and
secured at approx 147pm.
3. Poured 2 gallons of chlorox into pool to kill all tadpoles and whatever else that may be
iesiding there. disposed of containers into trash bag out back.
Closed gate and left property by 155pm.
3. SPOKE with ( Mike)Tri City Pools and they will be out Thursday aug 15th to give estimate on
Resurfacing pool.
4. contacted pinch a penny for resurfacing quote via email..await call back.
16.A.6.a
Packet Pg. 1211 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
August 16th
1. Southern pools at property trying to get some work done before rain.
2.noted that tenant moved trailer down to allow access..plates are 2016.not seeing anything
being packed up.
3. JB to call me later about new motor pump and filter housing and timer...all seized up.
Aug 17 no work sat
Aug 18 no work sun
August 1gth
'l.Southern pools at house at 730am..nice clearday !
2. As of 930am water tile completed, new jet lines in, 1st coating down.workers now off site
untilcoating sets.
3. 1pm JB called and is getting new pump with chlorenator. Filter housing good just needs new
guage.
4. Todd Akers will be on site tomorrow with estimate to resrf,rce deck.
5. No equiptment delivery
Aug 20th
'l.Pool completed and paid in full
3'100.00.
2. Waiting to hear from GID screen in ref to permits and pallets of equiptment.
3. 4500.00 put down for pooldeck redo to Southern Todd Akers.
4. Variable speed pool pump now required by Slate law...on order
5. Received email from screening company that permits should be back end of week
August 2'l
1. Met with southern pools about resufacing repairing pool deck.
2. Pool filled, chlorine float in.trying to get variable speed delivery expidited.
3. Hand sanding and repainting of back trim complete.
final pieces of old Lanai removed from back roof line on house.
4. Noted windows are original to back of house.
5. Yard work to start as soon as quote back, back yard overgrown with weeds, fence covered
with heavy growth and vines.
tall grass (mid shin) and debris of different sorts, ie beer cans, broken plastic chair, roofing
nails, old pool equiptment, paper trash.
6. Engineer may be taking measurements today for New lanai. Still awaiting permits from
collier.
7. Vent screening will need to be replaced in back of house near small bedroom. Also front
near laundry room.
8. no signs oftenant packing up as of yet.
AUGUST 22
l.yard work
2.stillwaiting for lanai permits
3.bought more supplys from HD
16.A.6.a
Packet Pg. 1212 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
4. Pump still not in
August 23rd
Fwd:August 23rd
1.deck resurfacing and repairs for cracks to start this week
2. Temp safety fence placed directly around pool.
3. Received call from felix about survey being done which will cost additional 550.00.
4. Received email from kelly at GID in which price increases by over 2G on project even though
we signed contract over week
ago for'12,200, and 6,200 paid in cash.
LOGAN TO SPEAK TO FELIX.
AUGUST 24th
1. Yard work continues
2. Behive inside pointciana
Aug 25th
1. Waiting on word for deck resurface to begin.
2.Bee guy Dave will be out this week.
3.yard work continues
4. Asked tenant to make sure breaker is off to pool pump. so that new can be installed
August 27th
'1. Waiting for addendum to Lanai v,/hich should in detail , explain increased cost. Met with Felix
at property
Paid additional 2,000.00 cashiers check from WF. . This amount covers the survey done and
additional cost
of materials by engineering. This brings the total amount paid thus far is 8,200.00. This leaves
a balance of 6, 480.00
2. Southern work to deck on hold due to pending storm.
3. Lanai gutters to back of home placed.
4. Rain aluminum given ok for work order per stacie.they will do gutters but we are 3-4 weeks
out on schedule.
AUGUST 28th
'1. FPL and Water will transfer into my name as of Sept.1st.
2.more yard work
3. Curts belongings show no movement in carport. With possible storm coming they need to be
securedl Left note on door.
4. Everything on standbye as far as work construction.
5.bees continue to swarm about pointciana tree.
6.asked tenant to once again to turn off breaker to pool pump and timer.
7.note left for tenant on front door. Copy in purse.
Aug 29th
'1.New pump, installed along with chlorinator, new pvc fittings.
2. Tenant beginning to move out belongings
16.A.6.a
Packet Pg. 1213 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
Aug 31st
1. most of carport has been emptied .
2.tenant continuing to move belongings
Sept 1st
1. Went to home at 1pm with brother inlaw...tenant needed more time. Asked 4pm
2. We returned at 4pm , tenant again said he needed more time. Time of 6pm set to hand over
keys and inspect house.
3. 615pm we arrived at house. Tenant in his truck and left..did not stay while home entered.
4. 3 complete light fixtures missing. Ceiling fan to LR out and on floor.
5. Barn door to laundryroom with hardware also taken out
6. lnsert in doors made to look like aged copper removed from 3 doors
7. Place dirty..appliances such as fridge (oven and microwave) are not connected but are off to
side in kitchen. Refridge @.
S.master bedroom holes in walls,peeling paint exposed wires, from ???...No baseboard on
front wall, bedroom floor filthy and not completed.
9. Master bath disgusting
Has not been changed at all. Flooring has partially removed
10.master closet...no change..still has carpet from 9yrs ago.
1 1. All sorts of stuff left behind . lamps, side table, old stone backsplashes, sink, full size bed,
paints, varnishes, in Lauras front room.
Both windows in room inoperatable....able to secure them only...coming out of frame.
12.FRONT door lock changed byjoe.house secured.gates secured. Left at 730pm
Sept 2nd
1.At house by 11am, nothing disturbed. Lanai eqiptment on site.
2.put out trash and started to clean what i could.
3. AC unit cleaned up, tuned, recharged. Paid 100.00Wi11 return Sat to work on return.
4. Called in electrician to make repairs to several outlets that are not safe to use.
Sept 3rd
1. Home depot estimate for kitchen, bought numerous supplys to get house back in shape.
2. Bought bed along with stuff so i can stay at house starting tomorrow.272.00
100.00 sheets towels etc
3. Sweep and clean
4. Vacuum pool.
5. Publix 50.00
Sept 4th
'1. Buy dishes silvenruare groceries, set up bed in bears room to sleep.
2. Make joint compound repairs to kitchen, bedrooms, sand, get ready to paint back of kitchen
3. No sign of bees..small screen attached to hole in tree by the bee guy.@
Aug 30th
1. Shutters dug up from side yard for sliders in case needed
2.trash placed in cans
3. Tenets belongings in backyard put under carport in prep of possible hurricane.
16.A.6.a
Packet Pg. 1214 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
and master bedroom.
3. Lanai crew continues building
Sept 6th
'1. filed official report with CCSO in ref to missing fixtures and overall condition of house and
property which im here trying to resolve.
2. Lanai to be finished today.
3. called Eric code enforcement, left another detailed message update on work being done.
4. Called collier county for bulk pickup of things tenant has left behind and has not contacted
me about that are under carport and in lauras room.
5. Waiting to hear from electrician and carpenter.
6. Logan putting information and pics on thumb drive.
7. Joey to download all photos on my phone to drive as no space left.
8. Paid Jeremy 60.00 advance.
9. Check into security system for possible backlash regarding this whole situation.
10. Scheduled bulk collection pick up with county.must remove doors to oven and
microwave.spoke with jackie.
1 1. 2nd thin coating joint compounding done in kitchen, master and bears room.
'12. appliances ordered. delivery 9/13.
13. Lanai not done yet...i believe they are coming tomorrow (sat).
Sept 7th
1. Deck completed
2. continue joint compounding to needed areas in kitchen and sand
3.hit with primer coat kitchen
4. continue taking of peeling in sheets paint in bedroom.
5. AC paid 60.00 will return to clean inner coil.
Sept 8th
1. Home depot supplys 400.00
New drywall, outside wood
3 fans, scrapers, sockets, plates.
2. Joey switching out bad sockets.
3. Dinner at mels.
Sept gth
1. Paid priemer cabinet for 2500.00 kitchen and bathroom vanity. Cabinets arrive tomorrow or
wed.
2.waiting on estimate for kitchen, bath, bedroom painting.(Tom)
3. Continue stripping wall paper bathroom.
4. Oil change 72.00
Sept sth
l.lanai continues
2. Paid final payment by bank check 6, 48'1.00.
3.received paperwork regarding Lanai
4. Southern pools dropped off equiptment to repair deck and resurface this sat the 7th.
16.A.6.a
Packet Pg. 1215 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
5. Gas 20.00
Sept 1oth
1. Paid Southern balance of 3,750 bank check.
2. Paid mortage 900.00
3. Paid home equity loan 700.00
4. Credit cards capital one and chase 225.00
5. All house bills delaware paid.
6. 27.00 for stash and robinhood invest.
7. Paid logan 40.00 advance for yard
8. Scott and friend put all stutf that was left in carport down to curb for bulk pick up
g.lots of mail in box that has not been picked up, by curt.
Sept 13th
l.Appliances delivered
2. Code enforcemement JR here to inspect pool. Eric sent him out
Hearing to be scheduled?
3. Took stuff to collier landfill that trashman couldnt take.
4. Lanaistill needs to be finished 2 areas on sides.Monday?
Sat Sept l4th
1. Joey here putting up ceiling fan LR, and bears room.fixing switches that are backward
2. 2nd coat to kitchen
3. Soak slider in windex to loosen old privacy film.
Sunday Sept 1sth
1.Joey Took off door that was screwed to stud on porch, put in insulation, placed new sheet of
siding into place...
off by 2 inches in height! Wrong siding pattern..slightly differcnt , leaving in place.
2. 3rd ceiling fan to Master, not completed r/t wiring .
3. Slider soak reapplied to get off remaing film.
4. Dryer plug 4 prong into 3 prong box not secure and arced. O@
5. Tile not done in master bath yet.
Sept 17
Realty title service....chris.
Sept 20th
l.Signed papers for deed.
Paid invoice for mobile notary.(150.00)
On sept 23rd notary will go to house in Del for Bruces signature. Mary to be witness.
2.Monty septic cleaned out tanks...(365.00)broken pipe in one of the tanks..drainfield
compromised..getting work quoted l\4onday 23rd.
3. master bath tile set.
4. work in kitchen and bath 26th.
5. '1800.00 price for carpenter.
16.A.6.a
Packet Pg. 1216 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
'1. Another haul to dump
2. More yard work
3. Pick up large pavers??
4. Find night table and small
dresser?? 2 stools for counter??
5. Buy tv antenna!!!
6. Repaint carport floor by the 19th...weather permitting!
7. Buy set of sheets ,light blanket 2 pillows, for bruces arrival.
8. Buy framed mirror for bathroom
9. Mist bathroom walls then use plastic
Sept 21st
1. Mstr. Bedroom 3 walls prepped for priming.
2. Joey put adaptor for icemaker on and a blank in counter.
3. AC coils cleaned by chris hvac.(200.00)
Sept 22nd JOEY
1. Ceiling fan mstr done.
2. New drywall hung in laundryroom except sheet behind shower.
Sept 24th
l.Electrician Always Affordable here..paid 975.00 dryer, pendant, wires,.
2. To return next week phase 2 breakers and oven.
Sept 25th
1. Picked up showerand pan
OCTOBER TO DO LIST
scraper to remove remaining paper!
'10. Repair flower box
1 1 . Sand and repaint shutters that need it
12. Find lawyer to get judgement against Curt.
1 3. BREATHE!! !, RELAX,,REPEAT!
Oct
1. Drywall in laundryroom up .(joey)
2.new vanity and shower installed
3. Mstr bedroom compounded sanded and primered.(me)
4. Permit picked up for lanai
Call for inspection tues the 15th.
5. Ben painted bedroom and installing wood trim.
6. Electricians here to finish on 14th?
7. Finish painting back porch area!
8. Kitchen built in oven and microwave to be installed this week by the lSth!!
9. New gutters installed oct 8th.
10. Talk to ben about finishing up flooring in laundry room
and k that was never done..will have to find same flooring!l
16.A.6.a
Packet Pg. 1217 Attachment: Hardship Letter (11341 : BCC v. Bruce Schmidt)
Collier County
Growth Management Division
2800 Horseshoe Drive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Receipt Number:
Transaction Number:
Date Paid:
Amount Due:
Payment Details:
Amount Paid:
change / Overage:
Contact:
FEE DETAILS:
Fee Description
Special lYagistrate
Cashier Name:
Batch Number:
Entered By:
20t9694076
20t9-t17350
t2/30/2079
$60,s00.00
Pavment Method
Check
Reference Number
cEPMPtY201700106
15
ThomasThompson
8844
ElenaGonzalez
Amount Paid
$77 6.4O
Check Number
101
$7 7 6.40
$0.00
SCHN41DT, BRUCE J & N4ARTHA ANN
1O KNICKERBOCKER DR
NAPLES, FL 34103
orioinal
Fee
$ 60, s 00.00
Amount
Paid
$776.4O
GL Account
111- 13891 1-343922
16.A.6.b
Packet Pg. 1218 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Collier County
Growth Management Division
2800 Horseshoe Dtive N.
Naples, FL 34104
239-252-2400
RECEIPT OF PAYMENT
Re€eipt Number:
Transaction Number:
Date Paid:
Amount Due;
Payment Details:
Amount Paid:
Change / Overage:
Contact:
FEE DETAILS:
Fee Description
Operational Costs (SlY)
operational Costs (SM)
cashier Name:
Batch Number:
Entered By:
2019694074
20t9-tL7348
L2/30/2Ot9
$223.60
Pavment Method
Check
Amount Paid
$223.60
Check Number
101
GL Account
117-138911-343922
111- 138911-343922
$223.60
$0.00
SCHIVIIDT, BRUCE J & MARTHA ANN
1O KNICKERBOCKER DR
NAPLES, FL 34103
Reference Number oriqinal
Fee
$ 1 11.85
Amount
ee!r!
$111.85cEPMPN4201700106
15
cEPMP14201700106
15
$111.75 $111.7s
ThomasThompson
8844
ElenaGonzalez
16.A.6.b
Packet Pg. 1219 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Bruce J.
CEPMPM20r70010615
4735 Dorando Dr, Naples, FL 34103
Folio # 63403240006
Stagnant pool and missing required pool protection
Order Itemsz $250lday finex242 days (November 6, 2018 - July 5,2019): $60,50000.00, plus OFF
operational costs of $l I 1.85, plus IOF operational costs of $l I 1.75
Total Fines: $60,723.60
FOF Order OR 5569/PG 2737 recorded on Novetnber 7, 201 8
IOF Order OR 5664/PG 3429 recorded on August2},2019
Violation abated: November 1 5, 2019
Fines accrued after IOF:
Order Iterns: $250/day fine x 133 days (July 6, 2019 - November 15, 2019) : $33,250.00
Total Fines Owed: $93.973.60)
Deed recorded on October 74,1998, and case is in compliance as of November 15,2019
Fines for owner: S93.973.60 [$250/day fine x 375 days (Novernber 7. 201 8 - November 15, 201 9) plus
5223.60 operational costs
Offer of settlement: $1,000.00 (5776.40 fines * $223,60 operational costs)
OWNER with Hardship
ACCRUED VALUE: 593,973.60
PAYMENT OF: $1.000.00
TOTAL FINES TO BE WAIVBD: $92.973.60
16.A.6.b
Packet Pg. 1220 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
SiHl"lISll tsC,*if ;. Address:{f 35 DQRA
SCHl'{IST, SS.!-iif I & fl"tAf;"l-i+A &SS, Sdd
Hrstpric ilr.r,ner
U,cl,:r,.- .-i.e a--
DR,tl
*ivner I &" PtAH.Tlt& ASt+, &ddrJ'
il.,Jd a trev.,sf
Fees
Relresh
I osts 1 1 1 ?q $ 0"fi0
5 60,5n0.Ds '1.00
0Bl03i !01$
5 ?.d5 0*i:':i3j:ijf,q
Structural - Application Fee
aEF l,lF f"l30 I triit 1,15 15
5n. n0 0 8,',J:,':, 1S
Special l*lagistrate
} YU.UU 05,'('3,r:01*
5 n.r:rI
< qn t-rf'
9r1.00
Sperral I'lagistrate
Instr,ettton Fee
Structural - Rsr,'ieu; Fre q qi|iar
$ t.s5
?.0*i$'',13,':* 1.3
B{{i 11tt e ? ln
lnspection FeepgEDl*1gn!{iji9 5'1. tr$.i
5 d5.n0- 10./09r'301
5G u*5*.f{r
s
t"00
r*rqiin.'1n 1 q
$ 50.00
q Jq ,-fi
Structural 5U,UU 1U.'UY'i.UIY
( t''t r1r1
it*ning Reireir; - &Splir*tion
Structural - Applicati*n Fee
S{AI
0BP*. Surrharge
Fer
Zoning Re rie'* - Review
sD.ns
10jr09lts1g
* , r:rij
E 0.00 ,
Special
Entered By
Fee Paidr
Date Bue
Bate Fntered f arls,rots
pard By / To
Property Infurtxatiorr ,E
'tri
S $\ARIH.\*R.Li-rE ls{Hr'{IsI &N$,
I l-cc r r, rt,i.rParcel No.
Address{es}
{'::tS
{Sl"1i
&m*unt fiu;i*9./ Amr:unl Foid
f.nll
Quantity jr.oo
Fee Payabl*r
Fxyrnents
16.A.6.b
Packet Pg. 1221 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Page 1 of 1LOilrer LounIy rroperty ApPralser
Property Sumrnary
Site Address 4735 DORANDO*Disclaimer DR Site City NAPLES Site Zone*Note 341 03Parcel No 63403240006
Name / Address SCHMIDT, BRUCE J=& MARTHA ANN
1O KNICKERBOCKER DR
City NAPLES
Map No.
4A15
Strap No.
51s200 5 144415
Section
15
State FL
Township
49
Zip 3410J
Range Acres *Estimated
0.1825
Legal NAPLES TWIN LAKES BLK 5 LOT 14
Sub./Condo 515200 - NAPLES TWIN LAKES
-U:c_tklde S 1 - SINGIE FAMILY RESIDENTIAL
Latest Sales History
(Not all Sales are listed due to Confidentiality)
Millage Rates S nCalculations
School Other Total
5.083 5.8071 10.8901
2019 Certified Tax Roll
(Subject to Charrge)
Date Book-Page
s-S"7-7:S*9
2470-1117
1 081 -905
689-602
Amount Land Value
Assessed Value
School Taxable Value
Taxable Value
$ 142,s76
$ 92,1 1s
$ 234,691
$ 234,691
$ 234,6e1
$ 234,691
09/23/19
1O114/98
a4l01/8s
os/o1177
$ O {*} lmproved Value
$ 97.500 (=) Market Value
$0
$o (=)
(=)
(=)
lf all Values shown above equal 0 this parcel was created after the Final Tax Roll
http://www.collierappraiser.com/main_search/RecordDetail.html'?sid:5 I 6840740&ccpaver:17101 81 I 49&... l l ll9l2olg
16.A.6.b
Packet Pg. 1222 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
TI{IS INDENTURE, Made rhis day, october 9--199-8--
william A' Carter and L' Estelle carcer
single peraon6
4715 Dorando Drive, NaPlee,FL 14103
of rhc county of ---Cgliet-PsY'H1!8"o{lT 8$*$ed a married
a7l5 oorando Drive, NaPles,
ofthe Counry of coIIier
pany'parrics of thc second Part.
wTTNESSETH: thal the sa,d
Stale of
TEN AND NO/t00 DoLLARS ($10.00), A
pe!-son
Fr, l4 I0l
State of
part. the receiPl
the second Part, t
thc lard part yipartics of the second
and sold to the said party iparties of
sinutcd, lying and bcing in tlte County of
Loc 14. Block 5, NAPLES TIdIN LAKE,
in Plar Book 4,Pages 35 and 36, Publ
SUBJECT .TO RESTRIC'IIVE COVENANTS'
RECORD. And thc said firsl pln
same against thc lawful c
of'record. ifyears,restrictionr aod earemcnts
tn Witness Whereof, the
rhc day and year lint abovc wnnen.
ud Sealed in Our
lt-
Print d
STATE OF FLORIDA
COUNTYOF Collier
The forc
by r.rill and L. Esrell
or has produced
tate an oath.
who is pcrronally knowr to me
ri idcntificstion ard drdhDfffiffi
GRANTEE: Bruce J. SchmidL
SOCTAL SECUR.ITY ':GRANTEE:
SOCIAL SECURIfi #:
PREPARTD BY AND RETURN TO:
METROPOLITAN TITLE & GUARANTY CO,
t1099 Tamiami Trail NorLh, 2nd PlNaples, Florida 34103
File t 98-01-0603
Ta$uny Klein
es of
t0:0r
..RITURN'TO GRANI'T["
WARRANTY DEET)
ttl 382920 0R: 2{70 PG: 1117 ilt
l! otttcut llclDt 0t slllll colnl, tl
/tl rt ot:ltll DIIGll l. 110fl, ctlucotE trt00.00
uc m l.0l
D0c'.r0 lll.lc
II?LI, both lulul ?lllt I ll0 ,l,t
,t ilt0t
Florida
party,'Iparuc$ of thc firs
ND O HER GOOD AND
tPa rt. lbr und in consideration of the sum oI
,LE CONSIDERATION ia haod Paid bY
knowlcdgcd. havc grlnted' bargaincd
fotcvcr, thc followinS dcscribcd laad,whereo f
hcir hcirs
VAT,UAB
rs hereby ac
and assigns
CoI1 ier -State of Florida, to wit:
accorcling !o Lhe plat chereof, as recorded
ic Records of ColIier counEy, Florida
CONDITIONS, EASEMENTS AND RESERVATIONS OF
tully warrant the titlc to sBid land, and will dcfend the
and asscssmcnts for the year l-qq8 and subscquent
has,'have set hrs/lhetr hand(s) and seol(s)
LLL
L
lnstrumenr was acknowledgcd be tbrc me this - 9Lh-- day of occober 19 98
\- -/i
I
Public in the County and State Albresaid.
PROPERTY APPRAISER'S PARCEL IDf:
5t401240005
(
16.A.6.b
Packet Pg. 1223 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
*** INSTR 5769637 OR 5677 PG 629 E-RECORDED 9/24/20L9 4:10 PM PAGES 1
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
Doc@.70 $0.70 REc $l-0.00
coNS sl-0.00
herein the term "grantor'' and
resentatives and assi
de all the parties to this instrument and the
and the successors and assigns of
THIS INSTRUMENT PREPARED BY:
Christie L. Wohlbrandt, Esq.
Fla. Bar No.98836
Vogel Law Office, P.A.
4099 Tamiami Trail North, Suite 200
Naples, Florida 34103
(239) 262-2211
PREPARATION ONLY WITHOUT OPINION
QUITCLAIM DEED
THIS QUITCLAII\I DEED made the L5 oal or &gkv Loa/, 2019, by BRUCE J.
SCHMIDT, a married person, hereinafter the Grantor, 1o BRUCd J. SCHMlDT and MARTHA ANN
SCHMIDT, his current wife, as tenants by the entireties, hereinafler the Granlee, whose address is 4735
Dorando Drive, Naples, FL 34103.
(Wherever used
heirs, legal rep
corporations).
i.""\r;
WITNESSETH: That th
acknowledged, does hereby rse
interest, claim and demand
and being in the County of
Lot 14, Block 5, N
Book 4, Pages 35 an
ES
36;
Property l.D.: 6
IN WITNESS WHE
year firsl above written.
Name
Wi
, for love and
tn to the
id grantor has
,h" the receipl whereof is hereby
gtantee forever, all the right, title,
lowing described land situate, lying
as recorded in Plat
led these presents the day and
',.. a
o.
2A q by Bruce :l Sch who is personally
E J. SCHM
was acknowledged before me this L3_day of
known to me
as identification.
3:,1{E?Ew
The foregoing Quitclarm Deed $of<nU,
haB produced
valid photo i
JESSICA R. ASCIONE
NOTARY PUBLIC
STATE OF DEISWARE
My Commission Expire Odober 3'1, 2021
LJ?l\1126\D..d.r$d
tion)
e
of Notary
or who
16.A.6.b
Packet Pg. 1224 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
GOLLIER GOUNTY
BOARD OF COUNTY GOMMISSIONERS
GERTIFIGATE OF COMPLETION
This Certificate is issued pursuant to the requirements of the Florida Br"rilding Code certifying that at the tirne of
issuance this structure was in compliance with the various ordinances of the county regulating building constructiorr
or use. For the following:
PERMIT NBR:
CO TYPE:
ADDRESS:
SUBDIVISION:
LOT:
SLUC CODE:
PR8D2019094137901 CO NBR: STATUS: Finaled
COMP ISSUED DATE: November 15,2019
4735 Dorando DR, Naples
BLOCK: T.R.S.:
UTILITY COMPANY:
JOB DESC: REBUILD A NEW LANAIAS OLD ONE WAS DESTROYED BY IRMA. (AFTER THE FACT
PERMIT) CODE CASE: CEUL2O 1 9001 1367
4735 Dorando DR, Naples NUMBER OF METERS:
OWNER: SCHMIDT, BRUCE J & MARTHA
ANN
LEGAL DESCRIPTION
NAPLES TWIN LAKES BLK 5
LOT 14
Note: A new certificate is required if the r.rse of the building or premises is changed, or if alterations are made to
the building or property described. A new certificate voids any certificate or prior date.
16.A.6.b
Packet Pg. 1225 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
vs-
C0LL I ER COl.r lriTY, f'LORl llA
OFFICE OT THE SFIICIAI- iVIATIISI'RA'rE
()s$I c ASr- N(). cEt,Mplvl2{it 7{t0l06t 5
COI,LIIjR L:OI]N I Y
BOA R I ) OF COt"iNl"Y COMM ISSION h: R S. Pr:titioner
UR t-l(lE J. SCI{N,l ID'f. Detbndant(si
Ar FIDA\''Il' t)!' ( t}:l,IPt.tA:$(:l:
sl'Al'[., 0]. I:t,C)RIDA
(:0("JNTY 0tr c.(-)t,t.t l:tt
BEFORIi N4b.. lhc undersigtted atttltoritl'. personally appcarcd .lunir:r 'l'orres. Clode L:nfbrcement Official ltrr the
Ilearing betore tlre Spccial Mauislrale of Collier ('oun&. u'ho attcr being lirlll, slvonr. tleposes ancl says:
l. 'l'hat on Outober,iil'. -10 18. the Special \,lagistrate helcl a helrring arrcl isructl an (..)rdcr in the ahove-st1,led
rnatter antl staled that tlefbndant(sJ rvas to a[:at* all yiulaliorrs as statcd in the Or<lcr ol'thc Special Magistratc
rccorded in the public record.$ ol'Collier Courrt;-. Florida irr OR Book 5569 P(; 273?.
?. "l'hat the respxdent did contact the inl.estisator.
l. "l-hat a re -inspeertion rr,as pt"rfirrnted ()il Novrrnbrr I j,i. :01q.
4. 'l'hat the re-inspectiott{s) rer.ealed that the corrc{tivu iuti(ul (rrderurl tr-1'thc Spr,'cial i\"lagistrate rvas irr
compliance by chcrnicalll'treating thc pool and replacing thc Iiltratia,l s\isrsru as wcll as having a courrt),
approved pennitted and inspected poal prirtection barrier.
TURTHSR AI.I.IANT SAYE"TH NOT.
DATFID this lltth day of Nor,enrtrer. ?01g.
('()l.l.li:R ('o .ljl.()RII),,\
r. l\'rA(its.fI(Al't,.
Enlarccnr*nr 0tfir:ial
S"I"A I'Ij (}T III,C}RIDA
C0t.,N]'Y ClF C()l"t-l [1R
Srvorn lo {or al}innccl) lurd sutrscribed Lrefi}rc rnr tlri^s l,(da1, or N{"{1. :o l fbr,
Pu
(PrintiTy-per'sranrp Conrnrissioned
Namc ()l- Notar.-r, Public)
HELTN BUCHiLt.,}N
anrifiirr;ii-. J, GQ 1fri6?S
rrp::al Llay l$. !031
lJr,l+ij i lJ j 9rdt!t teBr/ gini:ca
REV 1-14-16
Sl)l'i.'r-\"#
tt#u.,
Persorrallv knurvn y
16.A.6.b
Packet Pg. 1226 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
t*rr* 57553L7 oR 5664 PG 3429 RECoRDED 8/2O/2OL| 3t22 PM PAGES 3
CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLTER COUNTY FLORTDA
REC $27.00
2.
COLLIER COI]NTY CODE EI\TF'ORCEMENT
SPECIAL MAGISTRATE
Case No. - CEPMPM20I70010615
BOARD OF COI'NTY COMMISSIOhTERS
cor.r.rnR couNIY, trLoRIDA,
Petitioner,
BRUCE J. SCSMIDT,
Respondent
THIS CAUSE came on the Petitioner's Motion for
date due to a scrivener's errorImposition of Fines/Liens on
in the case number and the to all appropriate matters,
hereupon issues her Findinp Special Magrstrate, as follows:
l.On Ootober 5, 2018,Collier County Code of Laws
and Ordinances, Chapter Florida Building Code (as
adopted by Collier County)s failure to maintain the
pool on the properfy, causing
protections required.
provide the appropriate pool
This violation occurred on property owned by the Respondent and located at 4735 Dorando
Drive, Naples, Florida 34103, Folio No. $4A3240006.
Respondent was ordered to abate the violation on or before November 6,ZO|B or a fine of
$250.00 Per day would be assessed for each day the violations confinued thereafter until
abatement could be confrmed. (A copy of the order is recorded at oR 5569, pG 2737).
The violation was not abated by the Respondent as of July 5,2}lg, and fines have accruedfrom November 6, 2018 to July 5,2019 (242 days) at $2j0.00 per day fbr a total fine amountof $60,5fi).fi).
Previously assessed operational costs of $111.85 incurred by the County in the originalprosecution ofthis case have not been paid.
Respondent, having been duly noticed for the public hearing regarding the County,s Motion, wasnot present at the hearing.
v8.
J.
4.
5.
6.
7.
was found
VI, Section
Section
No Request for Re-hearing or Appeal pursuantto ordinance 2a0744,as amended, has been filed.
16.A.6.b
Packet Pg. 1227 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
oR 5564 Pc 3430
A.
B.
C.
D.
E.
F.
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, as amended,
ITIS HEREBYORDERED:
Petitioner's Motion for Imposition of f ines/Liens is GRAIITED.
Respondent is assessed and ordered to pay fines at the rate of$250-00 per day for t}e period
from November 6, 2018 to July 5,2019 (242 days) at $250.00 per day for a total fine amount
of $60500.fi).
Respondent is ordered to pay the previously assessed, but unpaid operational costs of$111.85
incurred in prosecuting this case.
Respondent is also ordered 75 incurred for today's hearing.
The date is $60.723.60.
Fines continue to
DONE ANI)at Naples,
Collier County, Florida.
CODE ENFORCEMENT
TE
Collier County
a lrue and @nect
Deputy Cle*
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34lti4, pione # (23g) 252-244A, or www-colliergov.net. Any release of lien or confirmation of compliance or confirmation of t}esatisfaction of the obligations of this order may also be obtained at this locaiion.
AffE+' Any aggrie^vgd parY may appeal a final order of the Speciat Magistrate to the circuit Courtwithin thirty (30) days of the execution of the order appealed. An appeal shiil not ue u t earing de novobut shall be limited to appellate review of the re"ord created within the original il;;;g. It is theresponsibility ofthe appealing party to obtain a transcribed record of the hearing i.o* 1* bi"* of Courts.Filing an Appeal will not automatioally stay the special Magiskate,s c)rder.
:" r .
,: .,
16.A.6.b
Packet Pg. 1228 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
*** oR 5564 PG 3431 ***
CERT{mCATE OF SER\rTCE
I HEREBY CERTIFY that a true and correct copy of this ORDER OF TI# SPECTAL
MAGISTRATE has been sent by U. S. Mail this / b day of August20lg to the following:
BRUCEJ. SCIIMIDT
4735 Dorando Drive
Naples, Florida 34103
Code Official
16.A.6.b
Packet Pg. 1229 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
oR 5569 PG 2738
ORDER
Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority
granted in Chaptir 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is hereby
ORDERED:
A. Respondent is found guilty of violation Collier County Code of Laws and Ordinances, Chapter
22, Article Vl, Section 22-231(15) and Florida Building Code, Chapter 4, Section 454'
B. Respondent must abate the violation by chemically treating the pool water killing the algae
growth and maintaining the filtration system to keep the pool water clean, and provide bi-weekly
treatments OR chemically treating the pool water. killing the algae growth and covering the pool
to prevent safety hazards, insect infestations, and the intrusion of rain water AND/OR obtain all
required Collier County Building Permits, Inspections, and Certificate of Completion/Occupancy
for the erection of a permanent pool before November 5,2018 or a fine of
remains thereafter.$250.00 per day will be
C. lf Respondent fails to Code Enforcement Department
may abate the violation
County may request the
compliance. If necessary, the
for the purpose of
accessing the property
property.
be assessed against the
D. Respondent is ordered
$fll.85 on or before
this case in the amount of
(!Evd
E. Respondent shall notiS 24 hours ofabatement or
compliance so that a final rm compliance.
DONE AND ORDERED this
. i, .,,
F.[h 0",of October 2018 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
,td co{tlcl
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
Cotrnty Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239) 252-
2440, or wrvw.colliergov.net. Any release of lien or confirmation of compliance or confinnation of the
satisfaction of the obligations of this order may also be obtained at this location.
Order, the
to bring the
5,2018.
be
I
I
I
I
!
i
i
I
I
I
16.A.6.b
Packet Pg. 1230 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
*** oR 5569 PG 2739 ***
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts.
Filing an Appeal will not automatically stay the Special Magistrate's Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a hue and correct copy of this ORDER has been sent by U. S. Mail to
Bruce J. Schmidt at 4735 Dorando Dr. Naples, FL 34103 this JS of October 20 I 8.
Enforcement Official
{":{*
q.-{1i
>.,
I
I
i
I
16.A.6.b
Packet Pg. 1231 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
r.fffoqsor.xEr
,#.r.ii' A- q1,..::i{c,}...,r',.., -i\,-.
Rspurt Title" Code Case Details
Date: 1111912019 2:51:17 PM **se ldr"rrnber. CEPMPM20170010615
Case Number cEPMPM201 7001 061 5
Case Type.Property Maintenance
Priority:Normal
lnspector:JuniorTorres
Jurisdiction:Collier County Code Enforcement
Origin Complaint
Detail *escription Stagnant pool and damaged screen enclosure
Location Comments 4735 Dorando
Statr"rs Closed
l)*t* & Trnle Hntersd 61211201712:16:57 PM
Hntered By:JonHoagboon
Case Disposition:Hearing
Dorando DR, Naples
Property
Address
63403240005
Property SCHMIDT, BRUCE J & MARTHA ANN
Business Management & Budget Office I
16.A.6.b
Packet Pg. 1232 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Code Case Details Execution Date 1111912019 2.51:17 PM
Comments
attached AOM
On site, I met with the owner. The swimming
pool was almost clean He was still in the
process of cleaning it still. I am going back
today to see the progress. The bottom
screens in the lanai were replaced and the
gate is closed and locked.
Desc Assigned Required Completed Outcome
Verify Complainant EricShort 6t21t2017 6t21t2017 Complete
lnitial lnspection PatrickBaldwi
n
6t21t2017 6t22t2017 Violation(s)
Found
On site 6-21-2017,1 met with the complainant
Ken and lnvestigator Hoagboon. I observed a
swimming pool that is green, filled with algae
and the water is stagnant. The screen
enclosure aslo has missing screens. No one
was home. I left a doorhanger and a
business card. I will attempt personal service
on the Notice of Violation today. lf no one
home, I will post the property and the
courthouse.
CE Staff Review JonHoagboon 6t21t2017 6t21t2017 Complete Complainant: Ken 404-51 4-2944
Record Violations PatrickBaldwi
n
6t22t2017 6t22t2017 Complete
Attach Picture(s)PatrickBaldwi
n
6t22t2017 6t22t2017 Complete
Generate Notice of Violation PatrickBaldwi
n
6t22t2017 6t22t2017 Complete violation found
Personal Service Attempt PatrickBaldwi
n
6t22t2017 6t23t2017 lncomplete posting 6-22-2017
CE Mailing day_n 6t23t2017 6t23t2017 Complete Mailed NOV cert / reg
Post Courthouse PatrickBaldwi
n
6t23t2017 6t23t2017 Complete posting 6-22-2017
Post Property PatrickBaldwi
n
6t23t2017 6t23t2017 Complete posting 6-22-2017
CE Staff Review day_n 6t23t2017 6123t2017 Complete attached signed NOV by PB /nd
CE Staff Review day_n 6t23t2017 6t23t2017 Complete
CE Phone Call KimberlyBran
des
7 t10t2017 7t10t2017 Complete Call: Smin KB
Caller checking status of case read updates
Caller will speak with supervisor go over
details since was unable reach
investigator /KB
Re-lnspection PatrickBaldwi
n
7 t14t2017 7 t14t2017 Non-
Compliant
I called the tenant Curtis 248-3969 and I left a
detailed message. I will go out today. The
order to correct date was yesterday.
Re-lnspection PatrickBaldwi
n
7t1412017 7 t17 t2017 Non-
Compliant
I spoke to the tenant and he stated that he
fixed the pool and the screens. I went by on 7
-14-2017 but no one was home. I will go by
today.
Re-lnspection PatrickBaldwi
n
7117 t2017 7118t2017 Non-
Compliant
CE Case Research PatrickBaldwi
n
7 t17 t2017 7 t1712017 Complete
CE Phone Call PatrickBaldwi
n
7 t17 t2017 7 t17 t2017 Complete Tenant 248-3969
Business Management & Budget Office 2
16.A.6.b
Packet Pg. 1233 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Code Case Details Execution Date 1 111912019 2:51 17 PM
Desc Assigned Required Completed Outcome Comments
Re-lnspection PatrickBaldwi
n
7 t19t2017 7120t2017 Non-
Compliant
On site, the swimming pool has been cleaned
and the bottom screens ofthe lanai have
been fixed. The gate is also closed so there
is not a health and safety violation anymore
There are missing screens in the top of the
lanai that still need to be fixed I will recheck
after the weekend.
Update Picture(s)PatrickBaldwi
n
7t20t2017 7120t2017 Complete
Re-lnspection PatrickBaldwi
n
7125t2017 7 t25t2017 Non-
Compliant
On site, I observed that the pool was ctean.
The screen enclosure is still missing screens
on the top ofthe lanai but the bottom screens
have been replaced. The tenant asked for
some more time to fix the missing screens
Re-lnspection PatrickBaldwi
n
8t14t2017 8t15t2017 Non-
Compliant
I spoke with the tenant Curtis 248-3969. He
is going to get permission from the County
and the Owner to remove the lanai structure.
The pool is clean still and the only violation is
the missing screens in the top of the screen
enclosure.
Re-lnspection PatrickBaldwi
n
8124t2A17 8t29t2017 Non-
Compliant
I called the renter and I left a detailed
message.
CE Staff Review day_n 8t28t2017 8128t2017 Complete attached returned NOV letter /nd
Re-lnspection PatrickBaldwi
n
10t3t2017 10t12t2017 Non-
Compliant
The Hurricane blew out more screens in the
lanai. The owner/renter is trying to find
someone to fix the screens. I will continue to
monitor.
Re-lnspection JonHoagboon 11t1t2017 11t6t2017 Non-
Compliant
Hurricane lrma Damaged screens. I am
transfering case to lnv. JH48
Re-lnspection JonHoagboon 11t16t2017 11t16t2017 Non-
Compliant
11116117 - Property owner is currenfly working
on repairing the screens for the pool. Damage
was sustained due to Hurricane lrma.
Monitoring the property until repairs are
made. JH48
Re-lnspection JonHoagboon 12t18t2017 12t18t2017 Non-
Compliant
12118117 - I called the comptainant; left a
message requesting an update on repairs.
Damage was sustained due to Hurricane
lrma. Monitoring the property until repairs are
made. JH48
Re-lnspection JonHoagboon 1t3t2018 1t3t2018 Non-
Compliant
113118 - Performed site visit. The tenant was
not home at the time of my visit, but I was
able to view the rear yard through the
neighboring property. The pool has been
drained and the pool cage removed. photos
attached. I will continue to engage with the
tenant to see if he plans on replacing the pool
cage or installing a pool-safe barrier. JH48
Re-lnspection JonHoagboon 2t2t2018 2t2t2018 Non-
Compliant
113118 - Performed site visit. The pool remains
drained, but the enclosure has not been
replaced. Monitoring. JH48
Re-lnspection JonHoagboon 312t2018 3t5t2018 Non-
Compliant
315118 - Performed site visit The pool remains
drained, but the enclosure has not been
replaced. Damage to pool enclosure was as a
result of Hurricane lrma.Monitoring. JH48
Susiness Management & Budg*t Office 3
16.A.6.b
Packet Pg. 1234 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Code Case Details Execution Date 1111912019 2:51:17 PM
Desc Assigned Required Completed Outcome Comments
CE Staff Review letourneauj 3t6t2418 3t4t2019 Complete N/A
Re-lnspection JonHoagboon 4t5t2A1B 4t5t2018 Non-
Compliant
4/5/'18 - Performed site visit The pool remains
drained, but the enclosure has not been
replaced. Damage to pool enclosure was as a
result of Hurricane lrma. Monitoring. JH48
Re-lnspection JonHoagboon 5t11t2018 5t14t2418 Non-
Compliant
5/1'1l18 - Performed site visit. The pool
remains drained, but the enclosure has not
been replaced. Damage to pool enclosure
was as a result of Hurricane lrma. lvonitoring
J H48
Re-lnspection JonHoagboon 6t12t2UA 6t13t2018 Non-
Compliant
6/13/18 - lncorrect ordinance cited - New
Notice of Violation will need to be submitted
JH48
Re-lnspection JonHoagboon 6t25t2018 6t26t2018 Non-
Compliant
6/25118 - Corrected Notice of Violation
generated and posted at the
property/courthouse. No one was home at the
time of my visit. JH48
Re-lnspection JonHoagboon 7t10t2018 7t14t2018 Non-
Compliant
7/10/18 - A corrected Notice of Violation was
generated on 6/25118; new compliance date
sel fot 7125118. Research through Cityview
reveals no new permit activity JH4B
Re-lnspection JonHoagboon 7t17tzyA 7t20t2018 Non-
Compliant
7/20118 - Research through Cityview reveals
no permits have been applied for.
Respondent has one week left for compliance
actions. JH48
Re-lnspection JonHoagboon 7 t26t2018 7 /30t2418 Non-
Compliant
7/26/18 - Research through Cityview shows
that no permits exist for any new work for the
pool/fence at this location. JH48
Re-lnspection JonHoagboon Bt6t201A BtBt2AlB Non-
Compliant
8/7/18 - Performed site visit. I spoke with the
tenant who informed me they had plans to
repair the pool butthey were waiting on a1
ilsurance check They stated they had
already recerved one for water damage tn the
home - but they were waiting on the second
check to come in. JH48
Re-lnspection JonHoagboon 8122t2018 8122t2018 Non-
Compliant
Te2t8t28 n a nt tnwho fo rmed em th adhey
san reto eh oolpl but h werepap nwaitiey s
no na n laSU nce hT echcke stated na dvthey
a rea re ce ve od ne for tlwate rmstody mda age
to hhe mo e he ISre na cta VC itrm uedpe
fo re roa b ut re ono0 hetheyng
second check to co me forn the ool J 4H Bp
Re-lnspection JonHoagboon 9t12t2018 9t13t2Ua Escalate to
Legal
Prep for Hearing
CE Staff Review KimberlyBran
des
9113t2018 9t13t2018 Complete Please notarize and scan AOp into case
(AOP for Neil)-KB Scan & Attach AOP/KB
cEPMPt\4201 7001 061 5091 318AOP
Update Picture(s)JonHoagboon 9t13t2018 9t13t2018 Complete
Assign Hearing Type JonHoagboon 9t13t2018 9t13t2018 Special
lvlagistrate
Hearing
CE Supervisor Review (SM)EricShort 9t13/2018 9t14t2018 Relected 09/1412018 - Correct Case# is
CEPI/PM201700'106i 5 - tnvestjgator wi be
advised to correct all sheets wtthin the
Packet. -E546
4
Business lvlanagement & Budget Office
16.A.6.b
Packet Pg. 1235 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Code Case Details Execution Dale 1111912019 2.51:17 PM
Desc Assigned Completed Outcome Comments
CE lnvestigator Hearing Review JonHoaoboon 9t1Bt2A18 Complete 9/18/'18 - Corrections to hearing packet made
and submitted to Supervisor for review. JH48
CE Supervisor Review (SM)EricShort 9t20t2018 9t20t2018 Complete 09/2012018 - Reviewed and approved
Hearing Packet. -ES46
CE Leoal Review DannyBlanco 9t24t2018 Schedule
for SN4/CEB
Schedule Case for Hearing 9t24t2018 Case scheduled for the October 5, 2018 OSM
Hearing - HB
Generate Hearing Notice (CE)HelenBuchillo
n
9t24t2018 9t24t2018 Complete
Hearing Notice Service/Posting 9126t2018 Complete Last day to post is September 25, 2018 - HB
CE Mai ing HelenBuchillo
n
9t26t2018 9t26t2018 Complete NOH for the October 5, 2018 OSM Hearing
sent regular mail, evidence packet sent
certified - HB
Affidavit of Serv celPosting 9t2612018 9t26t2018
Update Picture(s)1U2t2A18 14t2t2018
Pre Hearing lnspection JonHoagboon 10t4t2a1B Complete 10/4i 18 - Performed site visit. I observed that
the violation remains; no pool enclosure/no
permits apphed for a required pool barrier
JH48
Update Picture(s)JonHoagboon 10t4t2018 Complete
Record Hearing Results DannyBlanco 10t9t2018 10115/201A Complete
Generate Hearing Results Notice
(cE)
DannyBlanco 11t512018 11t16t2018 Complete Findings of Fact order attached, OR 5569 pG
2737 - DA
Update Picture(s)JonHoagboon 11t6t2018 11t6t2018 Complete Activity not required
Post Hearing Re-lnspection JonHoagboon 11t6t2UA 11t6t2018 Non-
Compliant
CE Legal Review DannyBlanco 11t9t2018 11t16t2018 Schedule
for SM/CEB
Schedule Case for Hearing helenbuchillon 11t19t2UA 3/4t2019 Complete 9t 8-c eh ck with effJ rebefo sch edu n scaseforflHeaBDng
Respondent must abate the violation by
chemically treating the poolwater killing the
algae groMh and maintaining the filtration
system to keep the pool water clean, and
provide bi-weekly treatments OR chemically
treating the poolwater, killing the algae
groMh and covering the poolto prevent
safety hazards, insect infestations. and the
intrusion of rain water AND/OR obtain all
required Collier County Building Permits,
lnspections, and Certificate of
Completion/Occupancy for the erection of a
permanent pool enclosure on or before
November 5, 2018 or a fine of $25O.OO per
day will be imposed for each day the violation
remains thereafter. Respondent is ordered to
pay operational costs for the prosecution of
this case in the amount of $111.85 on or
before November 5, 2018. DB
11106/18 - Research through Cityview reveat
thal no new permtts have been applred for
lhe vrolation remains. JH4B
5
Business Management & Brdget Office
lJonHoagboon
IL-H*sb"*i:]
1ot4t2ofil
lJonHoagooon
9t24t2A18
l*r**
I srrarzora
I stzarzote 8,,":
gt24t201a
la",."*"
lc"rd"t"
16.A.6.b
Packet Pg. 1236 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
Code Case Details Execution Dale 1111912019 2:51 '17 PM
Desc Assigned Required Completed Outcome Comments
cE Manager Case Review letourneau_j 3t4t2019 314t2019 Complete Check with Jeff before scheduling case for
Hearing - DB
Schedule for lOF. J L#34
Re-lnspection BenjaminPlour
d
3t6t2019 3t7t2019 Non-
Compliant
No permit activity observed PlourdBenjamin
03/07/2019 9:37 AlVl
Schedule Case for Hearing helenbuchillon 3t18t2019 3t19t2019 Complete Case scheduled for the April5, 2019 OSM
IOF Hearing - HB
schedule for IOF
Generate Hearing Notice (CE)HelenBuchillo
n
3t19t2419 3t19t2019 Complete
Hearing Notice Service/Posting BenjaminPlour
d
3t20t2019 3t20t2419 Complete
Affidavit of Service/Posting BenjaminPlour
d
3/20t2019 3t20t2019 Complete
CE Staff Review EricShort 41312019 4t3t2015 Complete Case withdrawn from IOF Hearing.
lnvestigator will review property and
determine if county abatement is necessary
E546
Re-lnspection BenjaminPlour
d
4t8t2419 419t2019 Non-
Compliant
CE Staff Review HelenBuchillo
n
4t9t2019 5t2t2019 Complete Case has been withdrawn from the April 5
2019 OSM Hearing per Manager Jeff
Letourneau - HB
Schedule Case for Hearing ElenaGonza e
z
6t13t2019 6t13t2019 Complete Case scheduled for July 5, 2019 OSM tOF
hearing per Jeff Letourneau. EMG
Generate Hearing Notice (CE)ElenaGonzale
z
6t1312019 6t13t2019 Complete
CE Mailing HelenBuchillo
n
6t17t2019 6t18t2019 Comp ete NOH for the July 5, 2019 OSI\,/ IOF Hearing
sent regular mail, evidence packet sent
certified - HB
Hearing Notice Service/Posting BenjaminPlour
d
6t20t2019 6t2412019 Complete Last day to post June 21, 20'19. EMG
CE Staff Review EricShort 6t21t2019 6121/2019 Complete Activity not required
Affldavit of Service/Posting BenjaminPlour
d
6t24t2019 6t24t2019 Complete
CE Phone Call day_n 6t24t2019 6t24t2019 Complete Owner (Mary 610-612-7756) called unaware
the case was going to a hearing. Sup. Eric
Short said he'd give her a call. /nd
Pre Hearing lnspection EricShort 7t3t2019 7t3t2019 Complete ShortEric 07103/2019 8:02 Al\.4 - Viotations
remain. -E546
Record Hearing Results ElenaGonzale
z
7t9t2019 718t2019 Complete Respondent was not present. lmposition of
fines is granted. EMG
Generate Hearing Results Notice
(cE)
ElenaGonza e
z
7t22t2019 8t23t2019 Complete Attached recorded order OR 5664 pG 3429
EMG
Last day to post is March 25, 2019 - HB
Home is occupied, Ispoke with the property
owner l\4artha 6'10-612-7756 who lives out of
state. I advrsed her that there ts an ongoing
code case and that since there was once a
pool enclosure action is needed to secure the
pool. She stated that she believes that the
pool is empty but not covered. I advised her
that the pool needs to be secured to prevent
any health safety hazards PlourdBenlamin
04t0912019 8.32 AM
Business Management & Budget Office 6
16.A.6.b
Packet Pg. 1237 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
a
Code Case Details Execution Date 1 111912019 2:51:17 PM
Desc Assigned Required Completed Outcome Comments
CE Phone Call JuniorTorres 8t1t2019 8t1t2019 Complete I was advised by customer service to call
Martha (61 0-612-7 7 56) property owner,
because she was unaware ofthe fees. I
attempted to call Martha but I was unable to
speak to her, I left a message requesting a
call back. TorresJunior 0810112019 10:19 AM
CE Phone Call EricShort 81812019 8t8t2019 Complete ShortEric 0810812019 10:49 AM - I received a
call from Martha Schmidt (Wfe of Owner)
(610-612-7756). Mrs. Schmidt advised that
she has been out ofthe state for over 9 years
and was not able to attend the Hearings. I
explained to Mrs. Schmidt that our office has
met Due Process requirements and advised
her to hire a Licensed contractor to correct
the violations. Mrs. Schmidt advised that she
would begin efforts to hiring a contractor and
correcting the violations. I explained that once
the property is in compliance, Code
Enforcement can discuss options for the
incurred fines/fees. -ES46
Re-lnspection Juniorlorres 8t15t2019 8t15t2019 Non-
Compliant
I conducted a site inspection and observed
the violation still remaining. I was able to gain
access by asking the neighbor to use their
property line. Pictures taken and will attach to
the case. TorresJunior 0811512019 12.29 PM
Update Picture(s)JuniorTorres 8t15t2019 8t15t2019 Complete Updated pictures attached. TorresJunior
08t15t2019 12.32 PM
Re-lnspection JuniorTorres 9t13t2019 9t13t2019 Non-
Compliant ll conducted a site inspection and met with the
property owner [Vlartha (6 1 0-6 I 2-7756)
Martha gave me permission to view the pool
in question. I observed the pool secured with
a screened in pool barrier, The pool was also
clean and had running pool pump. I advised
Martha that I will moved foward and generate
a affidavit of compliance. Martha requested
that all mail be sent to 4735 Dorando Dr since
she will be there till all repairs finished.
Pictures taken and will attach to the case.
TorresJunior 091 1312019 1 2:36 plV
Enter Case Disposition JuniorTorres 9t13t2019 9t13t2019 Complete
Update Picture(s)JuniorTorres 9t13t2019 9t13t2019 Complete Compliance picture attached. TorresJunior
0911312019 1:13 PM
Not Applicable JuniorTorres 9t16t2019 9t16t2019 Not
Required
Update Picture(s)JuniorTorres 9t16t2019 9t16t2019 Complete Em ail for contractors licensi assistanng ce
attached.To rresJ u n ior 09/1 6t201 I 1 0:53 AMCE Staff Review EricShort 9t16t2019 9t13t2019 Complete Coordination with Licensing
Enclosure erection
for Screen
Re-lnspection JuniorTorres 9t16t2019 9t16t2019 Non-
Compliant
I met with the property owner Martha. I waspresented the information and contract shepaid for to have a pool barrier installed
without permits. I will fonllrard issue to
contractors licensing. The pool barrier
installed has no permits on file TorresJunior
0911612019 10:42 AM
Disposition entered (Hearing). TorresJunior
09t13t2019 1.12 PM
7
Business Management & Budget 0ffice
16.A.6.b
Packet Pg. 1238 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
I
Code Case Details Execution Date 1 111912019 2:51:17 PM
Desc Assigned Required Completed Outcome Comments
Not Applicable JuniorTorres 9t16t2019 9t13t2019 Not
Required
openned in error. TorresJunior 0911312019
1:28 PttI
Re-lnspection JuniorTorres 10t16t2019 10t16t2019 Non-
Compliant
I conducted permit research in Cityview. I
found permit PR8D20190941379 in issued
status. The permit expires 41612020. I wtll
continue to monitor until final C/O.
TorresJunior 1011612019 1:26 PM
CE Staff Review NievesBlanca 11t4t2019 1117 t2019 Complete Foreclosure 1111119
Case was approved to be forwarded to
County Attorney's Office for foreclosure on 1 1-
1-19.
Letter was mailed to respondent and attached
to case. BN
CE Staff Review ElenaGonzale
z
11t5t2019 11t4t2019 Complete
CE Phone Call llianaBurgos 11t12t2019 11t12t2019 Complete Spoke with Ms. Martha Schmidt (610-612-
7756) regarding the reduction of fines
process. ttls. Schmidt advised she will bring
her hardship letter this week to the office,
possibly on Thursday. - lB
CE Phone Call JuniorTorres 11t13t2019 11t13t2019 Complete 1ll11ll9received a call from Mrs. Schmidt
stating that she had done all that the county
had asked her to do and did not understand
the reasong for another letter she received,
would like to be contacted at 6'10-612-7756 as
soon as possible. /dg
I called the property owner Mrs. Schmidt. She
did not answer, I left a voice mail requesting a
call back. TorresJunior'1 111312019'1 1;50 AM
Re-lnspection JuniorTorres 11t15t2019 11t15t2019 Non-
Compliant
Re-lnspection JuniorTorres 11t18t2019 11t18t2019 Compliant I conducted permit research in CityView and
found permit PR8D2019094'1379 in finaled
status. The C/O has been attach to the case.
This case will be closed. TorresJunior
11t18t2019 11.14 AM
Enter Case Disposition JuniorTorres 11t18t2019 11t18t2019 Complete Disposition entered (Hearing). TorresJunior
1111812019 11:55 AM
Attach Picture(s)JuniorTorres 11t18t2019 11t18t2019 Complete C/O attached to the case. An affidavit of
compliance will be issued and attach to the
case. TorresJ unior 111181201 9 1
.1 :55 AM
Verify Conditions & Close Case EricShort 11t19t2019 11t1812019 Complete
CE Legal Review helenbuchillon 11t19t2019 Pending
I conducted permit research in CityView. I
found permit PR8D20190941379 in
inspections completed status. The permit
expires 511212019.1 will continue to monitor
until the CiO is given. TorresJunior
1111512019 9:08 AM
Business lVlanagement & Budget Office
Violation Description Status Entered Corrected Amount Comments
Private Pool Maintenance - Dwelling NOV lssued 6t22t2017 9t13t2019 $0
8
16.A.6.b
Packet Pg. 1239 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
I
Code Case Details Execution Date 1 111912019 2:51:17 PM
Violation Description Status Entered Corrected Amount Comments
Screens - Dweliing NOV lssued 6t22t2017 9t13t2019 $0 Swimming pool water is stagnant and filled
with algae. Plus, missing screens in screen
enclosure.
Title Reason Result Compliance Fine/Day Condition
Special Magistrate Hearing on
10t5t2018
Code Review Guilty 11t5t2018 $2s0 Last day to post is September 25,2018 - HB
Special Magistrate Hearing on
04t05t2019
lmposition of
Fines
Wthdrawn $o OSM IOF Ops cost - HB
Special Magistrate Hearing
07t05t2019
lmposition of
Fines
Approved $0 OSM IOF ops cost. EMG
IBusiness f\4anagement & Budget Office
t 16.A.6.b
Packet Pg. 1240 Attachment: Backup Documents (11341 : BCC v. Bruce Schmidt)
INSTR 57553L7 oR 5664 PG 3429 RECoRDED 8/2O/2OL9 3i22 PM PAGES 3
CLERK OF THE CIRCUTT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA
REc $27.00
2.
SPECIAL MAGISTRAIT
Case No. - CEPMPM20I70010615
BOARD OF CO{'NTY COMMISSIOi\If,RS
cor.r.mR coUNTY, FLoRIDA,
Petitioner,
vs.
BRUCf, J. SCHMIDT,
Respondent
THIS CAUSE came on the Petitioner's Motion for
date due to a scrivener's errorImposition of Fines/Liens on
in the case number and the to all appropriate matters,
hereupon issues her Findinp Special Magistrate, as follows:
l. On October 5, 2018,Collier County Code of Laws
and Ordinances, Chapter Florida Building Code (as
adopted by Collier County)failure to maintain the
pool on the property, causing
protections required.
provide the appropriate pool
This violation occurred on property owned by the Respondent and located at 4735 Dorando
Drive, Naples, Florida 34103, Folio No. 63403240AA6.
Respondent was ordered to abate the violation on or before November 6,2018 or a fine of
$250.00 per day would be assessed for each day the violations continued thereafter until
abatement could be confirmed. (A copy of the order is recorded at oR 5569, pG 2737).
The violation was not abated by the Respondent as of July 5,2019, and fines have accrued
from November 6,2A18 to July 5,2019 (242 days) at $250.00 per day fbr a total fine amount
of $60,500.fi).
Previously assessed operational costs of $111.85 incurred by the County in the original
prosecution ofthis case have not been paid.
Respondent, having been duly noticed for t}le public hearing regarding the County's Motion, was
not present at the hearing.
No Request for Re-hearing or Appeal pursuant to Ordinance 20A744, as amended, has been filed.
)
4.
5
6.
7
was found
VI, Section
Section
16.A.6.c
Packet Pg. 1241 Attachment: Lien Orders (11341 : BCC v. Bruce Schmidt)
oR 5664 PG 3430
A.
B.
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. O7-44, as amended,
ITIS }IEREBYORDERED:
Petitioner's Motion for Imposition of Fineslliens is GRAIITED.
Respondent is assessed and ordered to pay fines at the rate of$250-00 per day for the period
from November 6, 2018 to July 5,2019 (242 days) at $250.00 per day for a total fine amount
of $60500.fi).
Respondent is ordered to pay the previously assessed, but unpaid operational costs of$111.85
incurred in prosecuting this case.
Respondent is also ordered 75 incurred for today's hearing.
The date is $60.723.60.
Fines continue to
DONE A}ID at Naples,
Collier County, Florida.
CODE ENFORCEMENT
TE
Collier County
a irue and conect
Deputy Clerk
c.
C.
D.
E.
F.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, plone # (239) 2SZ-
2440, or www.colliergov.net- Any release of lien or confirmation of compliance or confirmation of the
satisfaction of the obligations of this order may also be obtained at this location.
APPEAL: Any aggrieved parly may appeal a final order of the Special Magistrate to the Circuit Court
within tttirty (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 ofthe appealing party to obtain a transcribed record of the hearing from the Cler* of Courts.
Filing an Appeal will not automatically stay the Special Magistrate's C)rder.
1
ii
16.A.6.c
Packet Pg. 1242 Attachment: Lien Orders (11341 : BCC v. Bruce Schmidt)
*** OR 5664 PG 3431 ***
CERTIFICATE OF SERYICE
I tmREBY CERTIFY that a true and correct copy of this ORDER OF THE SPECIAL
MAGISTRATE has been sent by U. S. Mail this / b day of August}Alg to the following:
BRUCEJ. SCIIMIDT
4735 Dorando Drive
Naptes, Florida 34103
Code OfEcial
16.A.6.c
Packet Pg. 1243 Attachment: Lien Orders (11341 : BCC v. Bruce Schmidt)
oR 5569 ?c 2738
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, as amended, it is hereby
ORDERED:
A. Respondent is found guilty of violation Collier County Code of Laws and Ordinances, Chapter
22, Article VI, Section 22-231(15) and Florida Building Code, Chapter 4, Section 454.
B. Respondent must abate the violation by chemically treating the pool water killing the algae
growth and maintaining the filtration system to keep the pool water clean, and provide bi-weekly
treatments OR chemically treating the pool water, killing the algae growth and covering the pool
to prevent safety hazards, insect infestations. and the intrusion of rain water AND/OR obtain all
required Collier County Building Permits, Inspections, and Certificate of Completion/Occupancy
for the erection of a permanent pool before November 5,2018 or a fine of
remains thereafter.$250.00 per day will be
C. If Respondent fails to Code Enforcement Department
may abate the violation
County may request the
compliance. If necessary, the
for the purpose of
accessing the property
property.
be assessed against the
D. Respondent is ordered
$111.85 on or before
this case in the amount of
E. Respondent shall notify 24 hours ofabatement or
,compliance.compliance so that a final
DONE AND ORDERED this -&f40",of October 2018 at Collier County, Florida.
COLLIER COUNTY CODE ENFORCEMENT
SPECIAL MAGISTRATE
cofltcl
OcprnyCh*
C.
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this order may be paid at the Collier
County Code Enforcement Division, 2800 North Horseshoe Drive, Naples, FL 34104, phone # (239)252-
2440, or www.colliergov.net. 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.
Order, the
to bring the
ber 5,2018.
be
- 1sa^
16.A.6.c
Packet Pg. 1244 Attachment: Lien Orders (11341 : BCC v. Bruce Schmidt)
*** oR 5569 PG 2739 ***
APPEAL: Any aggrieved party may appeal a final order of the Special Magistrate to the Circuit Court
within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,
but shall be limited to appellate review of the record created within the original hearing. It is the
responsibility of the appealing parfy 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.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent bv U. S. Mailto
Bruce J. Schmidt at 4735 Dorando Dr. Naples, FL 34103 this of October 2018.5h
Official
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16.A.6.c
Packet Pg. 1245 Attachment: Lien Orders (11341 : BCC v. Bruce Schmidt)
16.A.6.d
Packet Pg. 1246 Attachment: Executed release (11341 : BCC v. Bruce Schmidt)