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CEB Liens 08/2010 Co ler Coitnty Growth Management Division Planning & Regulation Code Enforcement DATE: August 31st, 2010 TO: Trish Morgan, Clerk of Courts - Records FROM: Jen Waldron, Code Enforcement RE: Code Enforcement Board Orders Please find attached the orders issued by the Code Enforcement Board. I respectfully request that your office certify all documents contained herein and then forward the document, with this memo, to the Recording Department for official recording. Recording Department Instructions: Please record all documents contained herein as Orders and return the originals interoffice mail to: Jen Waldron, Enforcement Supervisor Collier County Code Enforcement Please include a statement of all recording fees so that I may charge the appropriate parties. The Code Enforcement Cost Account is 111-138911-649030. Thank you all very much for your assistance. Should you have any questions or require additional information, please do not hesitate to contact me at 252-2444. C. (Ili NA- Code Enforcement•2800 North Horseshoe Drive•Naples,Florida 34104.239-252-2440•www.colliergov.net CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090013290 vs. COLLIER 51ST TERRACE TRUST MARC L. SHAPIRO,P.A.,TR., Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 26,2010,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 Collier 50 Terrace Trust,Marc L. Shapiro,PA,TR is the owner 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,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2320 515L Terrace S.W., Naples,Florida,Folio 36313040006,more particularly described as Lot 5,Block 196,Unit 6,GOLDEN GATE,according to the Plat thereof,as recorded in Plat Book 5,Page 124 through 134,inclusive,in the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)in the following particulars: Garage that was converted to living space and an enclosed laundry room added to the rear of the structure without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By immediately covering the electrical panel in the garage and by hiring a general contractor licensed in Collier County to obtain all applicable Collier County Building permits,inspections, certificate of occupancy/completion for all unpermitted improvements to the structure or by removing all unpermitted improvements and restoring to a permitted state within 60 days(October 25,2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 25, 2010,then there will be a fine of$200.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That 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 and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. 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 0,4 ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNT-F.L RIDA BY: Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .„0 of di ,(, , 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier Count})}Florida,who is 67 personally known to me or who has produced a Florida Driver's License as identification. '.:'ie` KRIST!Ncfi0!.TON {A (, 'n '.. MY COMMISSION#DD 686595 . : NOTARY PUBLIC EXPIRES:June 18,2011 Bonded Thru Notary Public Underwriters 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 Marc L. Shapiro, PA,TR, Collier 51st Trust,2320 51'Terrace S.W.,Naples, Florida 34116 this`t/'day of , 2010. /- . �.r�C 1 t C 1`-• M. Jean Rawson, Esq. Florida Bar No. 750311 Araks hiAtiOA Attorney for the Code Enforcement Board :twiny 4t COUtS4 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 1 HERESY a% fY Y a (239)263-8206 orr ct y at a document do f to 9oard .copy and Records gI1tiger oatmor N1TNESS rnv #rang and ''a# day of • M1 E. E MMA.012,11 ,iff 4000111, -u', j\ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20100003695 vs. MARIA D.AND SERGIO GOMEZ, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 26,2010, 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 Maria D.and Sergio Gomez 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,failed to appear at the public hearing. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4983 17th Avenue S.W.,Naples,Florida,Folio 36130560002,more particularly described as Lot 7,Block 145,GOLDEN GATE,Unit 4,according to the Plat thereof recorded in Plat Book 5,Page 107 to 116 of the Public Records of Collier County,Florida, is in violation of Collier County Code of Laws and Ordinances,Chapter 22, Article II,Florida Building Code Adoption&Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4.4)in the following particulars: Permit#2004030440 for the fence and Permit#2004032107 for the tiki hut were both abandoned and the Certificate of Occupancy never obtained. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances,Chapter 22,Article II,Florida Building Code Adoption&Amendment of the Florida Building Code,Section 22-26(b)(104.5.1.4.1)be corrected in the following manner: 1. By applying for and obtaining all valid Collier County Building permits,inspections,certificate of occupancy for any and all additions to this residence,or by obtaining permits for removal of all additions and obtaining all required inspections and certificate of completion within 60 days(October 25,2010). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 25, 2010,then there will be a fine of$100.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That 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 and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. 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. l� DONE AND ORDERED this day of ,2010 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA Kennet , air 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of , 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier Coun ,Florida,who is IV personally known to me or who has produced a Florida Driver's License as identification. tip`'. 1i KRISTINE HOLTON �:lJUI, :,,, 2 ' MY COMMI ON N OD 666595 NOTARY PUBLIC a€ EXPIRES:Joe 16,tot t My commission expires: '•: ,f,�;•' Unclad Thru Notary POW Victory/mars. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Marie D. and Sergio Gomez,4934517th Avenue S.W.,Naples,Florida 34116 this -304'"day of ,2010. irti3 M.Jeat Rawson, Florida Bar No.750311 Sal A LaitIOA Attorney for the Code Enforcement Board AIM Ot COWER 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 1 }may 1rERTIFY'1'RAT i (239)263-8206 lornct cgpy at a decumsnt as fit Board Minutes and Records ot-iNt esalkly Irtielay of 7-ve...42 4 -out haid and IMMO e 'Y E.BROCK COSMO fir jit, 7 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEVR20080016165 vs. ALAN AND MARGARET VINCENT, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on August 26,2010,on the Respondents' Motion for Extension of Time,and the Board having heard 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,Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for six(6)months(February 22,2011.) 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 )0 day of (,a« ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA alai*.01 niiitiek0 eigity tit C . Kenneth Kelly,C air I HERESY cum 710 T is e 2800 North Horseshoe Drive "wed copy of a docwne nt IM MO#1 Naples, Florida 34104 Board Minutes and R oflOglif j NipiE55 Inv head Waist 4r at tie .? clay of - c ovriGHT BROCK, 0f M fir' - Gt_ y�-, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this� day of • , 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florid who is ✓ personally known to me or who has produced a Florida Driver's License as identification. Y,�,,, �KR18YINEHOLTON ..4t ` 1 L\ ' ' MY coi s510N I«nD 686595 NOTARY PUBLIC •: '�` * EXpIAES;JUM 18,2011 t -''-.';, Boodod7hat Notary N���Underwriten My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been$ent by U. S.Mail to Alan and Margaret Vincent,7020 Sable Ridge Lane,Naples,Florida 34109 this :2 day of , 2010. M.Jea wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste. 208 Naples,Florida 34103 (239)263-8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20090013290 vs. COLLIER 51sT TERRACE TRUST MARC L. SHAPIRO,P.A.,TR., Respondents ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on August 26,2010,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 August 30,2010 and furnished to Respondents and was recorded in the Public Records of Collier County, Florida at OR 4601,PG 1819, et. seq.on September 3,2010. An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on October 26,2010,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondents have not complied with the Order dated August 30,2010, it is hereby ORDERED,that the Respondents,Collier 51 Terrace Trust,pay to Collier County fines in the amount of $4,800(Order Item 1 and 2)for the period of October 26,2010 through November 18,2010(24 days)at$200 per day, plus$80.57 for the operational costs incurred for the imposition of fines, for a total of$4,880.57. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondents come into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. 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 11 day of 46 . ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD Stara F u; IDJi : _: COLLIER COUNTY,FLORIDA :ounty of COLLIER ;.4 J,. ': !,n BY: 1 HEREIY CERTI HI #a bus atl Kenn- - . 'orrect Copy of a aocum on Me in% 2800 North Horseshoe Drive 3oard Minutes and Records of eaglet-County Naples, Florida 34104 my � I ire 71 bay of 11 �' DWIGHT L BR' CLERK°'COURTS ■ eip f . ._ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this , day of I\.)D`1-etAbC<2010,by Kenneth Kelly,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. I f 411/4,'"f'phf",,_ KKRRISTINE HOLTON .h ',:i MY COMMISSION#DD 686595 NOTARY PUBLIC ?�•.1-44# EXPIRES:June 18,2011 My commission expires: '% ,y { Bonded Thtu Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by UPS.Mail to Marc L. Shapiro, PA,TR,Collier 51st Trust,2320 51st Terrace S.W.,Naples,Florida 34116 this Z7- day of IJ0\1tirt■p+a!2010. A/ ":11-0.-1!7 M.Je awson Es q. a Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206