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Orders 07/2009 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CEVR20080003423 vs. MAREK OKENKA and LENKA OKENKOVA, Respondents. ORDER ON UNOPPOSED MOTION TO DISMISS WITHOUT PREJUDICE THIS CAUSE having come before the Collier County Code Enforcement board at public hearing on July 23, 2009, on the County's Unopposed Motion to Dismiss Without Prejudice, and the Board having heard and considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Fla. Stat., and Collier County Ordinance No. 2007-44, it is hereby ordered that this case is dismissed without prejudice. It is further ordered that the Findings of Fact, Conclusions of Law and Order of the Board dated November 6, 2008 and recorded in Official Records Book 4407, Page 1772 and the Order on the Motion for Extension dated March 3, 2009 and recorded in Official Records Book 4407, Page 1772 are hereby set aside and vacated. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an appeal shall not stay the Board's Order. DONE AND ORDERED at Collier County, Florida, this 9 tLday of July, 2009. 14 ,utinry of COLLIER CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA t HEREBY CtRTI PY THAT. is Is atrue an0 :corm coeY or a document on tile In / Board Miqutds and Rec., is Of Coins'COW* d___, / p T fnv,`b v a .. is ' this By: ` - - :'�.. . - iT � of i(4„ Y "4• Gerald J. Lefebvr:, Chair 2800 North Ho eshoe Driv- WIGHT E. 'K an*O COURT Naples, Florida 34104 I, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S Mail to Marek Okenka and Lenka Okenkova, 11141 Trinity Place, Naples, FL 34114 this _3 day of July, 2009. � � ) H DI ASHT N-CI KO,ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples,Florida 34112 (239) 252-8400 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20090000849 vs. RAFAEL SANTOS and ZONIA BARGINER, Respondents. FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on July 23, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Rafael Santos and Zonia Barginer are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing, and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3705 Thomasson Dr., Naples, FL, Folio #22622600002, more particularly described as the East 100 Feet of Lot 1, Block 3, Unit 1, Avalon Estates, according to the plat thereof, as recorded in Plat Book 3, Page(s) 62 of the Public Records of Collier County, Florida, less and except the north 7 feet, is in violation of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b)(104.5.1.4.4) of the Collier County Code of Laws and Ordinances(Florida Building Code)in the following particulars: Recurring violation of letting permit expire for addition made to the structure on the property. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: The violations of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b) (104.5.1.4.4) of the Collier County Code of Laws and Ordinances(Florida Building Code), be corrected in the following manner: 1. The Respondents shall pay operational costs in the amount of$85.86 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents must request or cause inspections through to certificate of occupancy for permit 2009021403 within 120 days or obtain demolition permit; inspections; and certificate of completion for removal of all improvements made within 120 days or a fine of$250 a day will be imposed until the violation is abated. 3. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this,-, )9 day of July,2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLL I ',COUNTY,FLORIDA ' 4 erald J.Lefebvr ,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 0—,...day of July, 2009, by Gerald Lefebvre,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or )( who has produced a Florida Driver's License as identification. 44,Inik WANDA RODRIGUEZ � 1, Commission DD 631743 Expires T rle L f n° TMm Insurance 7019 NOTARY PUB My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee sent by U. S. Mail to Rafael Santos and Zonia Barginer, 3705 Thomasson Dr.,Naples, FL 34112 this 3j�day of July,2009. �taxk o. LC.'KILlA A 0(0 ;ounty of COLLIER �( ( (J IDI ASHTON-CICKO, ESQUIRE I HEREBY CERTIFY THAT this Is a true an Florida Bar No. 966770 '''`" "' Attorney for the Code Enforcement Board :orrect cony,�»'a chac^�n�gr�.on file 11t Y 3oard M noses and co 6s.of Collier COWI* OFFICE OF THE COUNTY ATTORNEY NI SS Div na � o t i 1 Harmon Turner Building �aay of 3301 East Tamiami Trai l Naples,Florida 34112 DWIGHT E. BROC X, CLERI OF COURTS (239)252-8400 �1/' r RAW. aw01�A+w. VI CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CESD20080008567 vs. BRIAN G. and DARA L. GORMAN, Respondents. ORDER NOT IMPOSING FINE THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on July 23, 2009, on the County's Motion for Imposition of Fines/Liens, and the Board having heard the matter and being duly advised in the premises; and WHEREAS, this case was heard by the Code Enforcement Board on February 26, 2009, after due notice to Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on March 3, 2009 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR Book 4434, PG 1354, et. seq. on March 11, 2009; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of $86.71 were paid by the Respondents on July 23, 2009; and WHEREAS, it having been brought to the Board's attention that Respondents have complied with the Order dated March 3, 2009 (as of July 22,2009), and WHEREAS, the Board having considered some or all of the following: (a) the gravity of the violation; (b) actions taken by Respondents to correct the violation; (c)whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the amount of time necessary to correct the violation; (f) the value of the real estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would case on the Respondents; (h) the time and cost incurred by Code Enforcement to have the violation corrected; and (i) any other equitable factors, it is hereby ORDERED that the fines proposed against Respondents, BRIAN G. and DARA L. GORMAN, shall not be imposed. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien against the property as described and/or any other real or personal property owned by Respondents. DONE AND ORDERED this c day of July, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: r,� �i..'.'I /, _ I_ Gerald J. Lefebv -, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a1/&day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or )( who has produced a Florida Driver's License as identification. fit►+"er WANDA RODRIGUEZ � J us Commission DD 631743 v u �� Expires January 21,2011 NOTARY PUBLIC° D nh; Bonded'Biro Troy Fan Insurance 800-988°7019 My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Brian G. and Dara L. Gorman, 227 Dolphin Cove Ct., Bonita Springs, FL 34134 this day of July,2009. LOrltur, CI(U ,ounty of COLLIER IDI ASHTON-CICKO, ESQUIRE HEREBY CE Rf}FY,... s is a true sn/ Florida Bar No. 966770 :orrect copy Qfa°Cloc mentOn the to Attorney for the Code Enforcement Board 3oard Minutevancl Recortta o Eoiller COUP OFFICE OF THE COUNTY ATTORNEY MAASS,n xl ha°q and o I aim seal this Harmon Turner Building day of A41 a ■-t 3301 East Tamiami Trail Naples,Florida 34112 DWIGHT E. BROC(,CLERK QF COURTS (239) 252-8400 eV, -r _t y •P CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110124 vs. RAYMONDE CHARLES and BOLOMIN CHARLES, Respondents. ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on July 23, 2009, on the Respondents' Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for one hundred twenty (120) days from July 30, 2009 (November 27, 2009). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this on day of July, 2009 at Collier County, Florida. :;a}ie (i; LL rttuet ,:ounty of COLDER HEREBY CERTIFY„ p _th�s Is a true ah1 CODE ENFORCEMENT BOARD t�•r COLLIER COUNTY, FLORIDA orrect copy or a do ument bn;file 1R Board Minutest ► R C of CgN1er Cow* 1-14FISS my ii 0 . t, .� Cl BY: 1111..__. day o ( Gerald J. Lefebv Chair P.2800 North Horseshoe Drive )WIGHT E. 81 , CLERK OF.COURTS Naples, Florida 34104 sv '�i h Cdr rw STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a4-day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ( who has produced a Florida Driver's License as identification. ,.•• Y WANDA RODRIGUEZ 1' �� ' Commission DD 631743 NOT Y PUBLIC 1 . I Expires January 21,2011 My commission expires: 40 Bonded Thru Troy Fein Insurance 800-386-7019 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raymonde Charles and Bolomin Charles, 107 White Way, Immokalee, FL 34142 this - day of July, 2009. l dA / ( fro H ASHTON-CICKO, ESQUIRE T E Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239)252-8400 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080008613 vs. REYNALDO CORTEZ, JR., Respondent. ORDER ON MOTION FOR EXTENSION OF TIME THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on July 23, 2009, on the Respondent's Motion for Extension of Time, and the Board having heard the matter, and being duly advised in the premises, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for ninety (90) days from the date of this hearing (October 21, 2009). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of July, 2009 at Collier County, Florida. vi .ounty of COLLIER CODE ENFORCEMENT BOARD I HEREBY CERTlnt1HAT this is a true any COLLIER COUNTY, FLORID -orrect cc by..or.a'aocufient on the In ``• Board Minutes arid-f ecoYes ofCottler Counts BY: �� �.� _ S my na a is is Gerald J. Lefebvre, Chair ' - day of 2800 North Hor eshoe Drive Naples, Florida 34104 WIGHT E. BROC K CL RK OF COURTS STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this Clik,day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or ,K who has produced a Florida Driver's License as identification. " WANDA RODRIGUEZ _ Commission DD 631743 NOTARY PUBLI v Expires January 21,2011 BadedTiquTIWFdnhauana�03867a1s My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has,be sent by U. S. Mail to Reynaldo Cortez, Jr., P. O. Box 365, Immokalee, FL 34142 this ;0/'day of July, 2009. EIDI A ON-CTCKO, E QUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples,Florida 34112 (239) 252-8400