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Orders 08/2009 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080011995 vs. IVAN BLOOM, MARJORIE BLOOM and CHARLES T. KENNEDY, Respondents. ORDER NOT IMPOSING FINE/LIEN THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on August 27, 2009, on 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 matter was heard by the Code Enforcement Board on April 23, 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 April 30, 2009 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR Book 4449, PG 2449, et. seq. on May 5, 2009; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of$87.29 have been paid by Respondents; and WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered; and WHEREAS, it having been brought to the Board's attention that Respondents have complied with the Order dated April 30, 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 the 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 cause 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, IVAN BLOOM, MARJORIE BLOOM and CHARLES T. KENNEDY, 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. DONE AND ORDERED this 3 day of September, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLL, COUNTY, F ,•RID• 1I•� BY:M I i erld J. Lefeb e,"hair/ 2800 North Horseshoe D ve Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of September, 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. ea!iks WANDA RODRIGUEZ G'V� %/ '� :.. Commission DD 631743 Expires January 21,2011 NOTARY PUBLIC t '4,6TAV Baqed1lru Troy Fain Mgaanoe000.386.7019 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 Ivan Bloom, Marjorie Bloom and Charles T. Kennedy, P. O. Box 12379, Aspen, CO 81612 this Y `day of September, 2009. ad( ACA HEIDI ASHTON-CICKO, 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 No fitness', Alums of 1OW ..�� r ``1111t111111 �,� / I HEREBY CERTfYY7HAT;this11$btit rorrect coot' ot::a aoc it i,a�n; on fife)!l., Board Minutes and,Aeb�as'gt� 111r:bCynti. tTiFoSaymt;fi!IMbi$,ii 'df�� T;real hia - OiNIOHT E. BROGicCt, OF COURT*� .: 0,1 j 1 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006010965 vs. JOSEPH FERIO FRANCOIS, Respondent. ORDER NOT IMPOSING FINE/LIEN THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on August 27, 2009, on 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 matter was heard by the Code Enforcement Board on October 26, 2006, after due notice to Respondent 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 December 5, 2007 and re-signed on January 30, 2008 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR Book 4325,PG 2991, et. seq. on January 31, 2008; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of$319.79 have been paid by Respondent; and WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered; and WHEREAS, it having been brought to the Board's attention that Respondent has complied with the Order dated January 31, 2008; 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 the 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 cause 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 Respondent, JOSEPH FERIO FRANCOIS, 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. DONE AND ORDERED this 3(-( day of September, 2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLL I COUNTY FLORID. BY: Id'Li erak4 J. Lefeb e, C air 2800 North H. seshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3fd day of September, 2009,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. ,, ,y', , WANDA •% � nt Jane - NOTARY 'UBtI My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been se by U. S. Mail to Joseph Ferio Francois, 136 Napa Ridge Way, Naples, FL 34114 this (fP-day of September, 2009. V"Z Oco ID I ASHTON-CICKO, 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 • :ounry of COWER. , .' -,-- ' ;....,',. ;• - `.'��,.• I HEREBY CERTIFY AT this G.s eV"NO :orrect cotty,ot_a'o rtf fkfile.in , Q� Board Minutes and R? rdsJof Cofliec`(;puttll (iii.fit,,NIESSiri a• al Idfi'Ela'' si t .�ay�of' i:. D � WIGHT E. BROGK;.CLERK oc a URTS. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080014496 vs. EMPIRE DEVELOPERS GROUP, LLC, Respondent. / ORDER NOT IMPOSING FINE/LIEN THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on August 27, 2009, on 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 matter was heard by the Code Enforcement Board on November 20, 2008, after due notice to Respondent 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 November 25, 2008 and furnished to Respondent and was recorded in the Public Records of Collier County, Florida at OR Book 4410, PG 3205, et. seq. on December 2, 2008; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of$86.71 have been paid by the Respondent; and WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered; and WHEREAS, it having been brought to the Board's attention that Respondent has complied with the Order dated November 25, 2008; 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 the 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 cause 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 Respondent, EMPIRE DEVELOPERS GROUP, LLC, 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. DONE AND ORDERED this 3:& day of September, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FL 6 RIDA `%■ / BY: ...9i t. ' erald J. Lefeb e, C-fir 2800 North H. eshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3rd day of September, 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. 40: WANDA RODRIGUEZ : :+1 Commission DD 631743 —1 Expires 2 January Insurance,2201117019 NOTARY PUBLIC 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 Empire Developers Group, LLC, do Goodman Brein and Gibbs, Registered Agent, 3838 Tamiami Trail North, Suite 300, Naples, FL 34103 this (71 ay of September, 2009..4( A--a) 0H IDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY 4 > Harmon Turner Building 3301 East Tamiami Trail Naples,Florida 34112 ` (239)252:8400 • • ems HEREBY:4E RTipy,THAT thisir aleMe :orrect �bffi��lat�Cs` / Board•Minute.:a'filtbbfd5.n t: 0t.1il e'r'Cp uriti tfil� x7,a�j►�o� 5 . WWIG HT,Ea CROCK,CLERK.OF COURTS • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080006858 vs. MARK A. GOODMAN, Respondent. ORDER NOT IMPOSING FINE/LIEN THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on August 27, 2009, on 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 matter was heard by the Code Enforcement Board on February 26, 2009, after due notice to Respondent 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 Respondent and was recorded in the Public Records of Collier County, Florida at OR Book 4434, PG 1379, et. seq. on March 11, 2009; and WHEREAS, the operational costs incurred in the prosecution of this case in the amount of$88.14 have not been paid by Respondent; and WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code Enforcement Official, which Affidavit certified under oath that the required corrective action has been taken as ordered; and WHEREAS, it having been brought to the Board's attention that Respondent has complied with the Order dated March 3, 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 the 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 cause 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 Respondent, MARK A. GOODMAN, shall not be imposed if the operational costs are paid within 10 days of this order. ORDERED that if operational costs are not paid within ten days of this order, then Respondent, MARK A. GOODMAN, shall pay to Collier County fines in the amount of $11,800.00 for the period of June 28, 2009 through August 25, 2009 (59 days) at a rate of $200.00 per day, plus $88.14 for the operational costs incurred in the prosecution of this case for a total of$11,888.14. 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 /4,, day of September, 2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, LORIDA // B .4 _ ice ... e..%�� ' e .1d J. Lef-. re, Chair/ 2800 North orseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of September, 2009,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is 1- personally known to me or who has produced a Florida Driver's License as identification. ' .�K ::La =. WANDA RODRIGUEZ +: :.2 Commission DD 631743 ; b Expires 1' NOTARY PUBLI f,u , F , m, 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 Mark A. rGbodman, 1348 Highlands Drive, Naples, FL 34103 this (f1A- day of September, 2009. Ole A Ci() H IDI ASHTON-CICKO, 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 %Old FLORIN ..toumy ot COWnt I HEREBY CERTIFY.THATthiS III Sallee. orroct copy at a docurpent.-onjIle Board,Minutes ana *LOgiqtr,..Count/ 11;IN_ . SS stv naçI arteiiilbAtt, U i" cay of • WIGHT E.iOOL:K,CLPK OF COttql.frt:f.":: „ sp,1 LA A jpoiromi,zoi r . . • • _*. • • • • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20080016167 vs. GABINO MEDINA,JR., Respondent. 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 August 27, 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 Gabino Medina,Jr. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing, and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1303 Immokalee Dr., Immokalee, FL, Folio #51040200000, more particularly described as Lot 8 and the East %2 of Lot 9,Block 1 of the Hull Heights Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 95 of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(lxa) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Unpermitted additions without first obtaining a Collier County building permit. 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: That the violations of Section 10.02.06(B)(lxa) of Ordinance 04-41, as amended,the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$86.71 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain a Collier County building permit for the unpermitted _ji*ion, or apply for and obtain a demolition permit to remove the unpermitted addition, as well as obtain any alid all inspections and certificate of completion or occupancy within 120 days of this hearing, or a fine of$250.00 per day will be imposed for each day the violation remains. 3. The Respondent 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 Respondent fails 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 owner. 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 5 rc day of September, 2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COL R COUNTY, LO' Pa'A BY.4/�1. , ,� ; / erald J. Lefebv e,C air 2800 North Horseshoe D Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3"d day of September, 2009,by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County,Florida,who is t/ personally known to me or who has produced a Florida Driver's License as identification. dRiitt WANDA RODRIGUEZ s*i :4 Commission DD 631743 Aail •mow- Expires January 21,2011 C c % qf, ,• eaaedTM Troy Fah k oe80 7019 NOTARY PUBLIC' My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of hi ORDER has been sent by U. S. Mail to Gabino Medina,Jr.,319 S. 7`h St., Immokalee, FL 34142 this 'Vday of September,2009. Ck0 HE DI ASHTON-CICKO,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 Ede d PLOW* .10umy of cowri I HEREBY CERTIFY.THAT HOS IS I Otte IMO orroct copy at a document oPfile In, Board Minutes ani•ilioi *d,o4itu Count, snv na offi ia t day of • • - I .4os • 'S WIGHT E.:POCK,CLERK OF COLifttl.. , .• 1st A • - - 7 - ••■ • . . . .• .• . 7•• • 's • CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20080011966 vs. DAVID E. HORTON, Respondent. 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 August 27, 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 David E.Horton is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2128 55th St. SW, Naples, FL, Folio #36379480008, more particularly described as Lot 5, Block 214, Golden Gate Unit 6, Part 1, according to the plat thereof, as recorded in Plat Book 9, Pages 1-7 of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Addition to the rear of the home without first obtaining a Collier County permit. ORDER OF THE BOARD 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. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code,be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$87.00 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain all permits required by Collier County for the addition to the residence,or apply for and obtain a demolition permit to remove the addition to the residence, as well as obtain any and all inspections and certificate of completion within 90 days of this hearing,or a fine of$100.00 per day will be imposed for each day the violation remains. 3. The Respondent 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 Respondent fails 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 owner. 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 ?jro, day of September,2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIE' COUNTY,F GRID BY: -.( /�:�� . Gera 7 .Lefe• e, 2800 North •rseshoe I . e Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3cck day of September,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. WANDA RODRIGUEZ 14. Commission DD 631743 1.0/7„, Expires January 011 2 ,21 finb: Bonded Dm Troy FainInya21 2011 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy o£this ORDER has been sent by U. S. Mail to David E. Horton,2128 55`h St. SW,Naples,FL 34116 this day of September,2009. 01, A-- Caw HEIDI AS T N-CICKO,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 Side d names ..lounty of COWEft I HEREBY CERTIFY THAT thig a eve e110 orroct copy ot a docurnarrt°nine in Board Minutes anri.ilic#4**PAtittn:Count, 1lf 1rSS na offrialleiltAte aay of I Z)WIGHT E. ; •.■CA,CLERK OF COUATI. : „ - , • est CLu - CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO. CESD20080005688 vs. PLATINUM COAST FINANCIAL CORP., Respondent. 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 August 27,2009, 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 Platinum Coast Financial Corp. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 11150 Tamiami Trail East, Naples, FL, Folio #439000008, in Section 29, Township 50 South, Range 26 East, is in violation of Sections 10.02.06(B)(1)(a), 102.06(B)(1)(e) and 102.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b) (104.1.3.5) of the Collier County Code of Laws and Ordinances (Florida Building Code), in the following particulars: Electrical conduit, wiring, and outlets have been added to, installed, replaced, and removed throughout structure. Plumbing has been added to for the addition of sinks and toilets. Partition walls have been demolished and rebuilt. A bar and stage have been built and a loft has been demolished. All the above mentioned construction has been started and/or completed without first obtaining all required Collier County building permits. ORDER OF THE BOARD 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. 2007-44, it is hereby 9RDERED: That the violations of Sections10.02.06(B)(1)(a), 102.06(B)(1)(e) and 102.06(B)(1)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and 22-26(b) (104..1.3.5) of the Collier County Code of Laws and Ordinances (Florida Building Code), be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of$88.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain a building permit for all electrical, plumbing and structural additions and alterations, or apply for and obtain a demolition permit to remove all electrical, plumbing and structural additions and alterations, as well as obtain any and all inspections and certificate of completion within 180 days of this hearing, or a fine of$100.00 per day will be imposed for each day the violation remains. 3. The Respondent 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 Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. 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 G day of September,2009, at Collier County,Florida. CODE ENFORCEMENT BOARD COL L: ' CO F RID BY: V411' - erald J. Lefeb '� C air 2800 North Horseshoe Dri - Naples,Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 'A day of September,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. Orlikt, WANDA RODRIGUEZ Adi/410:4,..: Commission DD 631743 Pj 1_---„/ F ires January 21,2011 NOTARY PUBLI '?;qt• Bonded 7Mu Tmy Fan wmrana e00,3867010 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 Platinum Coast Financial Corp., c/o Pamela Pass/Laurel Miceli as Registered Agents, 961 Trail Terrace Drive,Naples, FL 34103 this � " day of September,2009. A O(O H IDI ASHTON-CICKO,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 d ._.._„x :aunty of COWEN I HEREBY CERTIFY•THAT.this le$at Ill IMO orroct Copy of a docUrnant:ORIlie In, Board,Minutes arits,aic it : tear COW* ¶lSSrnv na ; offi•'ialjsea t day of aWIGHT E. GK,CLERK OF Cp. i c •'