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CEB Backup 10/24/2013CEB MEETING BACKUP DOCUMENTS OCTOBER 24, 2013 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: October 24, 2013 Location: 3299 Tamiami Trail East, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman, Chair Gerald Lefebvre, Vice Chair James Lavinski Chris Hudson, Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. September 26, 2013 Hearing 5. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Continuance Lionel L' Esperance Tony Marino Larry Mieszcak Robert Ashton Motion for Extension of Time 1. Alfredo Miralles B. STIPULATIONS C. HEARINGS CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS FOLIO NO: VIOLATION ADDRESS: CESD20120003627 CENA20130011122 HIGHLAND PROP OF LEE & COLLIER INVESTIGATOR DAVID JONES COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54, ARTICLE VI, SECTION 54- 185(D). PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION ON UNIMPROVED PROPERTY (FOLIO 406720007) WITHIN 200 FEET OF AN ABUTTING, IMPROVED PROPERTY. 406720007 NO SITE ADDRESS CESD20130007945 CARLISLE/WILSON PLAZA LLC INVESTIGATOR CHRISTOPHER AMBACH COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(A) AND 10.02.06(B)(1)(EXI). THE RESTAURANT IN UNIT #12 HAS BEEN COMBINED WITH VACANT UNIT #11 WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS. 37221120305 50 WILSON BLVD S, UNIT 11, NAPLES, FL 34117 4. 5. 6. 7. CASE NO: CEVR20130011044 OWNER: NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC. OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE SECTION 4.06.05(K)(2). FAILURE TO MAINTAIN SHRUBS AT 3 FOOT OVERALL HEIGHT AS SPECIFIED IN SDP 99 -108. FOLIO NO: 61838760001 VIOLATION ADDRESS: 5085 BAYSHORE DR. NAPLES, FL 34112 CASE NO: CESD20130011492 OWNER: RAFAEL C. SANTOS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). SUBDIVISION OF A SINGLE FAMILY RESIDENCE INTO RENTAL UNITS AND ALTERATIONS TO THE ELECTRICAL AND PLUMBING SYSTEMS WITHOUT APPLICABLE COLLIER COUNTY PERMITS FOLIO NO: 22622600002 VIOLATION ADDRESS: 3705 THOMASSON DR., NAPLES, FL 34112 CASE NO: CEPM20130004781 OWNER: IVY JEAN NEBUS, JUDY ANNE BLAKE, BETTY JO ROBERTSON OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, ARTICLE VI, SECTIONS 22 -236 AND 242. STRUCTURE WHICH WAS IN A FIRE, VACANT AND UNSECURED. FOLIO NO: 56150680007 VIOLATION ADDRESS: 2032 PINELAND AVE. NAPLES, FL 34112 CASE NO: CEPM20130007368 OWNER: LISA BROWN OFFICER: INVESTIGATOR CHRIS SUNDLEE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION 22 -231 (12)(B). EXTERIOR SIDING MISSING AROUND DOOR ON EAST SIDE OF DWELLING. FOLIO NO: 62713320002 VIOLATION ADDRESS: 834 93RD AVE. N., NAPLES, FL 34108 CASE NO: CEVR20130009509 OWNER: RAQUEL BETANCOURT OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED SECTION 3.05.01 (B). ACTIVE CLEARING OF NATIVE VEGETATION ON UNIMPROVED PARCEL FOLIO 41445160001. FOLIO NO: 41445160001 VIOLATION ADDRESS: NO SITE ADDRESS 6. OLD BUSINESS A. Motion for Imposition of Fines/liens CASE NO: CEVR20110002999 OWNER: SEAN KING TR OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: VEGETATION REMOVAL, PROTECTION & PRESERVATION. VEGETATION REMOVAL / LANDFILL REQUIRED. COLLIER COUNTY LAND DEVELOPMENT CODE, 0441 AS AMENDED, SECTION 3.05.01(B). FOLIO NO: 36663400008 VIOLATION ADDRESS: 4441 5TH AVE NW, NAPLES, FL 34119 CASE NO: CESD20120010800 OWNER: YANELIS GIL OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED, SECTION 10.02.06 (13)(1)(A). AN INCOMPLETE UNPERMITTED ADDITION TO THE REAR OF THE HOME FOLIO NO: 39029080001 VIOLATION ADDRESS: 486546 TH ST NE, NAPLES, FL 34120 CASE NO: CESD20130003239 OWNER: PATRICIA B ANUCINSKI OFFICER: INVESTIGATOR HEINZ BOX VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED, SECTION 10.02.06(B)(1)(A) AND SECTION 10.02.06(B)(1)(E). REMODELING CONDO TO INCLUDE ELECTRICAL, PLUMBING, AND ENCLOSING OF A LANAI WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 60931760006 VIOLATION ADDRESS: 204 BOB O LINK WAY, UNIT A, NAPLES, FL 34105 4. CASE NO: CESD20120016883 OWNER: JOSE & SARA LOPEZ OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS. (PERMITS, INSPECTIONS, CERTIFICATE OF OCCUAPNCY REQUIRED) COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED, SECTION 10.02.06 (13)(1)(A). SCREEN PORCH AT FRONT OF PROPERTY, COVERED PORCH AT REAR OF PROPERTY AND DETACHED STRUCTURE(S)/ SHED(S) IN REAR YARD OF PROPERTY ALL BUILT WITHOUT APPLICABLE COLLIER COUNTY PERMITS. FOLIO NO: 62093360009 VIOLATION ADDRESS: 5323 GEORGIA AVENUE, NAPLES, FL 34113 4 5. CASE NO: CESD20120008638 OWNER: PAULA MENDOZA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(a). AN EXPIRED PERMIT WITH NO INSPECTIONS DONE ON THE INSTALLATION OF THE MOBILE HOME AND A METAL TYPE STAND ALONE CARPORT INSTALLED WITHOUT FIRST OBTAINIG THE AUTHORIZATION OF THE REQUIRED PERMIT(S), INSPECTIONS AND CERTIFICATE(S) OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE. FOLIO NO: 00082961866 VIOLATION ADDRESS: 2918 IMMOKALEE DR., IMMOKALEE, FL 34142 6. CASE NO: CESD20100007042 OWNER: KIRK N. SANDERS OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: FLORIDA BUILDING CODE, 2007 EDITION, CHAPTER 1, SECTION 105. 1, COLLIER COUNTY LAND DEVELOPMENT CODE 0441, AS AMENDED, SECTIONS 10.02.06 (B) (1)(A) , 10.02.06 (B) (1)(E)(I), AND 2.02.03. APPROXIMATELY 12 MOBILE HOMES WERE INSTALLED WITH SEVERAL ADDITIONS ADDED TO THE MOBILE HOMES CONSISTING OF CARPORTS, SCREEN PORCHES, ROOF OVER'S AND LIVING SPACE BELOW FLOOD LEVEL WITH ELECTRICAL AND PLUMBING WITHOUT FIRST OBTAINING ALL REQUIRED PERMITS. FOLIO NO: 56150200005 AND 56150520002 VIOLATION ADDRESS: 2280 PINELAND AVE, NAPLES, FL 34112 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE - November 22, 2013 12. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120003627 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ALFREDO MIRALLES, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME REQUEST PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 108 White WAY, IMMOKALEE SERVED: ALFREDO MIRALLES, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsible de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. Alfredo Miralles C'� s o ,.,6 /a 66 o� �a 7 Alfredo Miralles 902 Juno Dr. �C-kI ► A yFL 9/27/2013 To whom it may concern: I Alfredo Miralles am requesting an extension of time I will need from 250 to 300 days for the permit to be permitted, because of the legal processing time from other government agencies and for that reason I am asking for the extension of time. Maria Rodriguez from collier county code enforcement will be able to collaborate and go into detail if you have any other question regarding the subject; her number is as follows 239- 867 -4553. Thank you, -.. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs MIRALLES, ALFREDO, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120003627 BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to obtain all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion /occupancy within 120 days (September 20, 2013)) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 49' ) l PG 1665 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on September. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Failed to obtain a Collier - County Building Permit of Demolition Permit through required inspection and certificate of completion /occupancy within 120 days (September 20, 2013). FURTHER AFFIANT SAYETH NOT. DATED this 24 day of September, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez 4`>= Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to nor affirrne and subscribed before me this Z� day of 2013 by Maria Rodriguez of GAFK3A * MY COMMISSION 0 DD 9439110 EXRF ES: December 21, 2013 (Print /Type /Stamp Commissioned Name of Notary Public) Personally known � COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ^COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20120003627 Alfredo Miralles, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation: A carport that was enclosed and converted into living and an attached laundry room with electric and plumbing, replaced windows and doors all constructed without first obtaining the authorization of the required permits(s), Inspections and Certificate(s) of Occupancy as required by the Collier County Land Development Code. 3. Location /address where violation exists: 108 White Way, Immokalee, FL 34142 Folio 35540080005. 4. Name and address of owner /person in charge of violation location: Alfredo Miralles 1703 lrnmokalee Dr., Immokalee, FL 34142. 5. Date violation first observed: March 9 "', 2012. 6. Date owner /person in charge given Notice of Violation: June 15"', 2012. 7. Date on /by which violation to be corrected: June 30`h, 2012. 8. Date of re- inspection: April 25, 2013. 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30 day of April, 2013 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER �J Sworn to (or ) and subscribed before thisday of, 2013 by 10-11, � � -V 1 t-' l r1 n 2 t(Siatureof N ry Public) (Print/Type /Stamp Commissioned Name of Notary Public) rot"; ; ° °�. ALAMAR FNNN€W REV 1 -2 -13 * MY COMMISSION f EE 157053 EXPIRES: April 20, 2016 �r�FOFFyoo-\oe Bonded Thu Budget Notary Seri -$ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MIRALLES, ALFREDO 1703 IMMOKALEE DR IMMOKALEE, FL 34142 Location: 108 White WAY Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: GLENDALE LOTS 3 +4 Folio: 35540080005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier Cot .:Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following :and or PUD Regulation(s) exists at the above - described location. `'Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for bt required by the Collier County Building code or this Code are in accord with the requirements of this i alteration permit shall be issued without written approval that plans submitted conform to applicable 2 development regulations. For purposes of this section a land alteration permit shall mean any written which a building permit may not be required. Examples include but are not limited to clearing and exc plan approvals, agricultural Gearing permits, and blasting permits. No building or structure shall be er utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authc inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Cc Violation Status - Initial Case Number: CES020120003627 Date: June 12, 2012 Investigator: Maria Rodriguez Phone: 239 -867 -4553 I i Code of Laws and lier County Ordinance(s) Required) or land alteration permits, as and no building or land regulations, and other land rization to alter land and for in permits, site development moved, added to, altered, m of the required permit(s), DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). `Did Witness: A carport that was enclosed and converted into living and an attached la ndry room with electric and plumbing, replaced windows and doors all constructed without first obtaining the authorization of the required permit(s), inspections and certificates) of occupancy as required by the Collier County Land Development Code, ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and obtair described structure /improvements. Must also request or cause inspection through and incluc occupancy /completion. OR Must apply for and obtain a Collier County Demolition Permit and including materials from property and restore to a permitted state and request inspections thr of occupancy /completion. ON OR BEFORE: 06/3012012 Failure.to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violat remains, and costs of prosecution. INQUIRIES AND COMMENTS DIRECTED TO CODE ENFOR( 2800 North Horseshoe Dr, Napl all permits required for ng certificate of remove said improvement Hugh and including certificate costs of as long as the violation )ULD BE SENT FL 34104 Investigator Signature Phone: 239 252 -2440 FAX: 239 252 -2343 Maria Rodriguez j S' ature d I Oipient Printed Name of Recipient Date i `This violation may require additio 1 compliance and approval from other departments which may be required under local, state and federal _' regulations, Including, but not lim' d to: right -0f -ray permit, building permit, demolition of structure, Site Development Plan, insubstantial change to Site Development Plan, and variances along with, payment of impact fees, and any new or outstanding fees required for approval. 10.02.06 - Submittal Roquirements for Permits a I A. B. P] Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. b. Required state and/ortederal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, Including any changes In land configuration and land preparation. Development of regional impact. Where a proposed use or development Is a development of regional Impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the Issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) If issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. Building or Land Alteration Permits. 0 Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building orland alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits, No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor no land alteration shall be permitted without first obtaining the authorization of the required permit(s), Inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except In conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals In the form of an administrative review of the Interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent Jurisdiction. INSTR 4580555 OR 4696 PG 2574 RECORDED 6/30/2011 11:40 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $126.00 REC $18.50 CONS $18,000.00 Prepared by: Florida Title One, LLC 23 Colorado Road f' Lehigh Acres, FL 33936 M (239) 369 -3006 Return to: Grantee File No.: 2011 -00162 Consideration: 18,000.00 Mortgage Amount: 0.00 WARRANTY DEED This indenture made this 162L day of 2W_1 2011 by Kathy Johnson, as Personal Representative of-the- Estatev se Guadalupe Nlata, deceased whose address is: P.O. Box 221 lmmokalee; ��L� "i&0- hereinafter called the "grantor ", ,% to Alfredo Miralles whose address is: 1703 W. Imi hereinafter called the "grantee ": (Which terms "Grantor" and "Gr`I hoc "'shalAndh&< in shall include heirs, legal representatN4, successors and or individual, and either sex, and Witnesseth, that the grantor, for tin consideration of the idtn,of,len- Dollars, ($10.00) and other valuable considerations, receipt whereof is h \b�s.-t;c(nowledged, hereby gpiit�s,'°bb.Argains, sells, aliens, remises, releases, conveys and confines unto the grantee, ali t6t ',rprlAjn land situaz Ilier County, Florida to -wit: ,�.,.I- ,pz_�.,1 Lots 3 and 4, in that certain subdivision known as ? j�ALE; "according to the Map or Plat thereof as recorded in Plat Book 2, Page 102, of the Public Records of Collier County, Florida. Parcel Identification Number: 35540080005 Subject to all reservations, covenants, conditions, restrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. FL FA DEED - Warranty Individual Rev. June 23, 2011 Page 1 of2 File No.: 2011 -00162 Yj 1 �y .n7.Y +t; `F_ w �av st',ti OR 4696 PG 2575 * ** And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances except taxes accruing subsequent to December 31 st of 2010. In Witness Whereof, the grantor has hereunto set their hand(s) and seal(s) the day and year first above written. K 4,a,,�9,,,�,,b�,,. G14�4�4KMak dt0_eaA_"-j. Kathy Johnson, Personal Representative for the Estate of Jose Guadalupe Mata, deceased Signed sealed and delivered in our presence: Witness Signature U i Print Name: State of Florida County of Collier I / NI ` f � 11 )li�Sworn To, Subscribed and AC�61 Igd�� ot�e,meh, s Personal Representative of they", fe of Jose Guadalupe who hasihave produced a valid drlket license as identificati Rey/ 0111712015 `NOURY PUBLIC Commission I r J*'•.EECSS188.. 'Q c '1111F,0FI �I3i�m P , 2011 by Kathy Johnson, as dip is /are personally known to me or Notary Print Name My Commission Expires: FL FA DEED - Warranty Individual Rev. June 23, 201 1 Page 2 oft File No.: 2011-00162 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120003627 Board of County Commissioners, Collier County, Florida Vs. Alfredo Miralles Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20120003627 DESCRIPTION OF VIOLATION: A carport that was enclosed and converted into living and an attached laundry room with electric and plumbing, replaced windows and doors all constructed without first obtaining the authorization of the required permit(s), Inspections and Certificate(s) of Occupancy as required by the Collier County Land Development Code. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20130011122 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HIGHLAND PROP OF LEE & COLLIER, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotics - Unimproved /200" Improved /Subdivision54- 185(d)2009 LOCATION OF VIOLATION: no site address SERVED: HIGHLAND PROP OF LEE & COLLIER, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencta sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, Para un major entendimiento con las comunicaciones de este evento. Por favor Vaiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CENA20130011122 Highland Prop of Lee &Collier, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54- 185(d) 2. Description of Violation: Presence of Collier County prohibited exotic vegetation on unimproved property (folio 406720007) within 200' of an abutting, improved property. 3. Location /address where violation exists: Folio: 406720007 4. Name and address of owner /person in charge of violation location: Highland Prop of Lee & Collier 6980 Sandalwood Ln. Naples, FL 34109 5. Date violation first observed: August 9`h, 2013 6. Date owner /person in charge given Notice of Violation: August 21St, 2013 7. Date on/by which violation to be corrected: September 14`h, 2013 8. Date of re- inspection: September 20, 2013 9. Results of Re- inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above- described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 2nd day of October, 2013 Code cement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 2 "d day of October, 2013 by b�'i (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known L.� or produced identification rPUBL1C.;; ':'� OF FLORID Type of identification produced t.� "t clams Cotntnissio., iF,00�769 s. :rC, TF, 30.2014 EXoirz . io.,rNC. BONDEDTARL',4f .r, \'iC REV 1-4 -12 Case Number: CENA20130011122 Date: August 14, 2013 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HIGHLAND PROP OF LEE & COLLIER 6980 SANDALWOOD LN NAPLES, FL 34109 Location: Unincorporated Collier County Zoning Dist: Property Legal Description: 9 50 26 SE1 /4 OF NW1 /4 40 AC OR 1116 PG 333 Folio: 406720007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54- 185(d) d. The accumulation of exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the exotics are located within a 200 -foot radius of any improved property located in a recorded or unrecorded subdivision. However, the requirements for abatement of the public nuisance as described in section 554 -187 shall only apply to that portion of the unimproved property where the exotics exist within a 200 -foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in section 54 -187 shall only apply when the county received a complaint. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Collier County prohibited exotic vegetation on unimproved property (folio 406720007) within 200' of an abutting, improved property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Collier County prohibited exotic vegetation that exists within a 200' radius of any abutting, improved property When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Mechanical clearing of prohibited exotic vegetation shall require a vegetation removal permit. ON OR BEFORE: 9/14/2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones Investig r Si ure INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 David Jones Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. M t ■ ■ ■ I. o 7 \, __ > ; >(D —V � #ID I ( /w 33 Q `= z «m =o� > g�e%t ƒ� >=m -m. �7$I ± cD =r:Ec: = %§ = § J\0k2 m n X7$0 z0zz. \K \2Rf / mCDW �)�� / / \\ {. / / ±\ ° ° -� ��— 0° -E£q =EIr%CL { � _ °E \_ \C) > . -0 k `782»0 q _ e0 \k) p. 2.= f m E ] s S . .. . ) E 2 _ r / . \ r \ ru CD / e \ / m0 \( 7� ® L-1 CD Pr � ( k §� �\ \7 = C \ � <= CD ƒEO\ 42 ■[2J 7:1 CL cDn� \} m CD c { c c2 \ CD CD / [ ; r-. Sec. 54 -185. Declaration of public nuisance` (d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius of any improved property located in a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply when the County receives a complaint. 1 0 0.9 1 19 14 1985 JAN -7 l,11 8 1:0 !COLLIER COUNTY RECORDED TRUSTEE'S DEED KEC 0 Trust No. 5278 DOc r,. INT THIS INDENTURE, made this 26th day of December ,1984, between THE NATIONAL TRUST COMPANY, Naples, Florida, a National Banking Corporation duly authorized to accept and execute trusts within the State of Florida, as trustee under the provisions of a deed or deeds in trust duly recorded and delivered to said corporation in pursuance of a trust agreement dated the 1st day of December, 1982, and known as Trust Number 5278, party of the first part, and HUBSCHMAN ASSOCIATES, LTD., whose address is 3451 Tamiami Trail East, Naples, Florida 33942, party of the second part. WITNESSETH, that said party of the first part, in consideration of r $10.0 0) Dollars, and i other good and v /onsideration i and paid, does hereby grant, ells �nd convey unto said p� the second part, the f o] owing Jibed rea s ate, s'tua ed in Collier, County, Florida,( o t The So',uthe},t Qua es ( E;1,/ f e o�thwtst er � Tow ph quth Quart � �,. �� P ��, � ii Range 2�';,,�a�st, ollf 0 Flo 1 ) Together h the tenements an p ra� p$ s thereunto belonging. `= TO HAVE AND TO LDi t'th t -6 b' A party of the second part, and to the proper u e>ri-t and behoof forever of said party of the second part. GRANTOR covenants and warrants that the property is free of all encumbrances made by Grantor, except that this deed is subject to the following: 1. Conditions, restrictions, limitations and easements of record, if any, but this provision shall not operate to re- impose the same. 2. Zoning and other governmental regulations affecting the use and occupancy of the real property, 3. Taxes and assessments for current and subsequent years. 4. Lien of every trust deed or mortgage (if any there be) Received $ Dccur~ —Ir r ,Inrnp Tax byIQ�� ' / J o 1 r CD ° m _ O O' — � m 0 0 M M w I ac.:i I Is OR BOOK 000334 PAGE of record in said county given to secure the payment of money, and remaining unreleased at the date of the delivery hereof. IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto affixed and has caused its name to be signed to these presents by its duly authorized officer, the day and year first above written. Signed, sealed and delivered THE NATIONAL TRUST COMPANY..., in the presence of: Naples, rida, as, „trV.gtee,:' under Trust N 27$'x- -- By: RICHARD K. NNETT z_ - Senior Vice Presiden`t') (S 0 STATE OF FLORIDA p COUNTY OF COLLIER VT I HEREBY EAT that on this day b ore e, an officer j i- duly qualifi d td take -a know e s, per o na ly appeared RICHARD K. BENNET7, a c A NAL TRUST COMPANY, Senior Vice resi n �� Naples, Flo ida aI�N�atLoral B i o o ti n, and that he acknowledge c the cf Owe f two subscribing �Jn sses freely and vo taril er authority � ,/ seal affixed vested in him id corporation an i ' Q�/ thereto is the t%ueloa� Borate seal o 4 orporation. WITNESS my hand dfi n the County and State -last aforesaid this 26th day of December ,198 4. (SEAL) Notary (public u� My Commission Expires: • 1;' "t0'! PUOUL 5 ?Li8 OF FLORIDA This. Instrument Prepared by: ;. L� I;,;;,;, ,>r. 1. zi,laaa George P. Langford, Esquire o„ „Lo Irru Uh[N.l IRS, 00. Suite 6, 1207 3rd St. South Naples, Florida 33940 1` I � Il.nwnwl urJ \••I �IV.t WAIL` io� l�rtf �f 0 1 1 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. HIGHLAND PROP OF LEE AND COLLIER Inv. DAVID JONES Department Case No CENA20130011122 INVESTIGATIONS Hours Per Hour Total $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $80.86 FINDING OF FACT HEARING I Copy Costs & Mail Fees Pa es Copies Per Pane Total Black & White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three -Hole Punch IMPOSITION OF FINES HEARING $3.00 Mail $7.00 Copies Per Page $7.00 Black & White 0 0 $0.15 12.86 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $80.86 Pages Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 80.86 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $80.86 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20130007945 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CARLISLE/WILSON PLAZA LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 50 Wilson BLVD S, Unit: 11, NAPLES, FL SERVED: CARLISLE/WILSON PLAZA LLC, Respondent Christopher Ambach, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducide on el idioma Ingles. Servicios the traduccion no saran disponibles an Is audiencia y usted sere responsible de proveer su propio traductor, Para un mejor entendimiento con [as comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman —Tout odisyon yo fat an angle. Nou pan gin moun you fo tradiksyon. Si ou pa pale angle tanph vini ovek yon inteprot you Palo pw-ou. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CarlisleANilson Plaza, LLC Respondent(s), Case No. CESD20130007945 STIPULATION /AGREEMENT Z COMES NOW, the undersigned,6Coc\is�eon behalf of himself or as representative for Respondent and enters into this Stiprdlation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130007945 dated the 8th day of July, 2013. In consideration of the disposition and repoiution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled fork/W )3 to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The restaurant in unit # 12 has been combined with vacant unit # 11 without first obtaining all required Collier County building permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $8'i� >!s incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion /occupancy within �6 days of this hearing or 06 a fine of $-?50 * per day will be imposed until the violation is abated. 3) Unpermitted space shall be unoccupied and all utilities turned off within 24 hours of this hearing until the building permit or demolition permit has received a certificate of completion /occupancy or a fine of O G & per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 5) That if the Respondent fails to to bring the violation into comp to enforce the'pir 'si n7of i owner. X violation the County may abate the violation using any method lance a d may use the assistance of the Collier County Sheriff's Office agre ent and all costs of abatement shall be assessed to the property Respondent or Res'p-re$entative (sign) X r t, / r--., Responddnt or Representative (print) Date Je right, Director Code Enforcement Department 11-k, // /3 Date REV 7/8/13 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20130007945 Carlisle /Wilson Plaza LLC. Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code04 -41, as amended, section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) 2. Description of Violation: The restaurant in unit # 12 has been combined with vacant unit # 11 without first obtaining all required Collier County building permits. 3. Location/address where violation exists: 50 Wilson Blvd S. unit 11, Naples Fl. 34117 4. Name and address of owner /person in charge of violation location: Carlisle /Wilson Plaza LLC. 1575 Pine Ridge Rd, Ste 10 Naples Fl. 34109 5. Date violation first observed: June 4`h 2013 6. Date owner /person in charge given Notice of Violation: July 80'2013 7. Date on/by which violation to be corrected: August 8th 2013 8. Date of re- inspection: September 18`h 2013 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar or a p blic hearing. Dated this 20"' day of September, 2013 Christopher Ambach Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affrr�ned) and subscribed before this Zday of , 2013 by C "Z� 5 +cr�,1 ( ignature o f Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identifrca ovI n produced RLEY GARt;I /{ * * MY COMMISSION # DG q . s, EXPIRES: December 21, °boa RCR: REV 1 -2 -13 Case Number: CESD20130007W Date: July 08, 2013 Investigator: Christopher Ambach Phone: 238- 252 -2446 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CARLISLEIWILSON PLAZA LLC % JOHN P WHITE P A 1575 PINE RIDGE RD STE 10 NAPLES, FL 34109- Registered Agent: JOHN P. WHITE 1575 PINE RIDGE ROAD, SUITE 10 % JOHN P. WHITE, P.A. NAPLES, FL 34109 Location: 50 Wilson BLVD S, Unit: 11 Unincorporated Collier County Zoning Dist: Property Legal Description: GOLDEN GATE EST UNIT 13 THAT PORTION OF TR 17 AND W112 OF TR 18 AS DESC IN OR 4520 PG 255 Folio: 37221120305 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or.PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(13)(1)(e)(i) The County Manager or his aesignee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the autnorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: The restaurant in unit # 12 has been combined with vacant unit #11 without first obtaining all required Collier County Building permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion within 60 days AND / OR Must obtain demolition permit, request/cause required inspections to be performed and obtain a certificate of completion within 60 days. ON OR BEFORE: 06/07/2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, a sts of prosecution. SE ED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature P e 239 252 -2440 FAX: 239 252 -2343 Christopher Ambach Sign ture and Titli of Recipient Printed Name of Recipient Date `This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, insubstantial 11—IN Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 09-72, § 3.BB; Ord. No. 06 -63, § 3.SS; Ord. No. 07 -67, § 3.U; Ord. No. 08 -63, § 3.KK) 10.02.06 - Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ili] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building orland alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved oy the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent iurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate, the location and number of required off - street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing /proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on •a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall' be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use 5/23/2011 B. 0 10.02.06 Submittal Requirements for Permits Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). INSTR 4374624 OR 4520 PG 255 RECORDED 12/17/2009 9:34 AM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $45,500.00 REC $27.00 CONS $6,500,000.00 ID Prepared By. E John P. White �'\,/PeJohn P. White, P.A. 1575 Pine Ridge Road, Suite 10 Naples, Florida 34109 (Space above this line for recording data) WARRANTY DEED THIS INDENTURE made this day of December, 2009 between GULFSTREAM RETAIL INVESTMENTS, LLC., a Florida limited liability company, whose address is 6646 Willow Park Drive, Naples, FL 34109 (hereinafter referred to as "Grantor "), and CARLISLE/WILSON PLAZA, LLC, a Florida limited liability company, whose address is c/o John P. White, P.A., 1575 Pine Ridge Road, Suite 10, Naples, FL 34109 (hereinafter referred to as "Grantee "). That said Grantor, for and in good and valuable consideration to € acknowledged, hereby grants, bare successors and assigns forever, th Florida, to wit: I Portions of Tracts 17 ar particularly identified in WITNESSETH: idD1� and no /100 dollars ($10.00) and other in hand pai ia-6 Grantee, the receipt whereof is hereby -es and convey unto the Grantee, and Grantee's heirs, t�.scube J d, sit ate \lying and being in Collier County, IT NO. 13, being more SUBJECT TO taxes accruing subsequent to December 31, 2009, covenants and restrictions common to the subject property, oil and gas mineral interests, if any, and easements of record, if any; however, this reference thereto shall not operate to reimpose same. TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining; TO HAVE AND TO HOLD, the same in fee simple forever. AND said Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said property, and will defend the same against the lawful claims of all persons whomsoever. For the purposes of this conveyance, Grantor(s) and Grantee(s) are used for singular or plural, as context requires. * ** OR 4520 PG 257 * ** Order No.: 2974964 Customer Reference: 09328 TITLE SEARCH REPORT EXHIBIT "A" LEGAL DESCRIPTION Parcel 1: All of Tract No. 17, GOLDEN GATE ESTATES, UNIT NO. 13, according to the plat thereof recorded in Plat Book 7, Pages 71 and 72, of the Public Records of Collier County, Florida, less and except right of way of Golden Gate Boulevard, and less and except right of way of Wilson Boulevard. Also, less and except that portion of Tract No. 17, GOLDEN GATE ESTATES, UNIT NO. 13, described as follows: A portion of Tract 17 of GOLDEN GATE ESTATES UNIT NO. 13, according to the plat thereof recorded in Plat Book 7 at Pages 71 and 72 of the Public Records of Collier County, Florida, being more particularly described as follows: Commence at the Northwest comer of Tract 17 of Golden Gate Estates Unit No. 13, according to the plat thereof recorded in Plat Book 7 at pages 71 and 72 of the Public Records of Collier County, Florida; thence run South 89 040'50" East, along the boundary of said Tract 17, for a distance of 50.00 feet to a point on the Northerly elongation of the East right -of -way line of Wilson Boulevard (100' wide right -of -way); thence run South 00019'10" tag`the Northerly elongation of said East right -of- way line, for a distance of 50.00 feet to a p c, t' - I jr'ig t -of -way line of Golden Gate Boulevard a 100 foot road right -of -way, and the PoirWo � '� ning of the: a�i�, of land herein described; thence continue South 00 019'10" West, along/s d East right -of -way li a distance of 300.94 feet; thence run South 89 040'50" East, and parallel w }tb S._aid._S.outh right -of -w li a of Golden Gate Boulevard, a 100 foot road right -of -way, for a distance Of 20 feef Efieit k�run N h b0 °19'10" East, and parallel with the aforementioned East right -of -way I' caf,�+Vi r� a fo t wide right -of -way, for a distance of 300.94 feet to a point Qn t '$off r gf)t� y i}�eGpldon Gate Boulevard, a 100 foot road right -of -way; thence run No�jh 8 °4'S t' 1let,)a o h()sa f ouh right -of -way line of Golden Gate Boulevard, a 100 foot road rig�i ~tri , T�it�.disEatiree ofO8.t�3et to the Point of Beginning. I The W 1/2 of Tract No. 18, GOLDEN �Y .INSTATES, UNIT 4 "OK f3, �a d/ording to the plat thereof recorded in Plat Book 7, Pages 71 -72, of the PuBI ct rds of Collier CpCiny7iFlorida, less and except right of way of Golden Gate Boulevard. Title Search Report Page 7 of 7 OR 4520 PG 256 IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed the date and year first above written. W' a es (2) Printed Name Printed Namo STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument wa�s'd 2009 by Michael J. Peel, as Man ag 'r of bility company, on behalf of th ;cop as iden�ificjti GULFSTREAM RETAIL INVESTMENTS, LLC., a Florida limited liability company BY� � ��7�1� Mich I J. eel, Manager before m L MANDI J. swmk � MY COMMISSION 4 DD 662403 EXPIRES: April 13, 2011~ Bonded Thru Notary Pubk Undenwiters #-- day of December, LENTS, LLC., a Florida limited me or who produced Notary Public Commission Expiration date: COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20130007945 Board of County Commissioners, Collier County, Florida Vs. Carlisle /Wilson Plaza LLC Violation of Collier County Land Development Code 04 -41 as amended, Section, 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Christopher Ambach, Code Enforcement Official Department Case No.CESD20130007945 DESCRIPTION OF VIOLATION: The restaurant in unit # 12 has been combined with vacant unit # 11 without first obtaining all required Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within days of the date of this hearing or a fine of $ a day will be imposed until the violation is abated. 2. Unpermitted space shall be unoccupied and all utilities turned off within 24 hours of this hearing until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of per day will be imposed until the violation is abated 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. CARLISLEMILSON PLAZA LLC Inv. CHRISTOPHER AMBACH Department Case No CESD20130007945 INVESTIGATIONS Hours Per Hour Total 0.00 Copy Costs & Mail Fees Pages Copies Per Paste Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three -Hole Punch 0 $0.75 $0.00 $3.00 Mail $7.00 $0.00 $7.00 $7.00 $0.00 13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 81.15 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 $0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20130011044 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 5085 Bayshore DR, NAPLES, FL SERVED: NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC, Respondent 10-IN David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHMNOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)7748800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencis sere oonducida an at idioms Ingles. Servicios the traduccion no saran disponibles an to audiencia y usted sera responsable de proveer su propio traductor, Para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avdtisman —Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale ang18 tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20130011044 Naples New Haitian Church of the Nazarene Inc., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code Section 4.06.05(K)(2) 2. Description of Violation: Failure to maintain shrubs at 3' overall height as specified in SDP 99 -108 3. Location/address where violation exists: 5085 Bayshore Dr. Naples, FL 34112 Folio 61838760001 4. Name and address of owner /person in charge of violation location: Naples New Haitian Church of the Nazarene Inc. 5085 Bayshore Dr. Naples, FL 34112 5. Date violation first observed: August 21" 2013 6. Date owner /person in charge given Notice of Violation: August 21" 2013 n 7. Date on/by which violation to be corrected: September 21' 2013 8. Date of re- inspection: September 24a' 2013 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this I" day of October, 2013 Cp nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 1St day of October, 2013 by t�ry Ci i (Signature of Not Public) (Print/Type /Stamp Commissioned. Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PLBLi 0F FL 0FZ1 -) '..IE fA °' �= Comm.,;,,,,:.. r,00J /o - xDires 1NE . 0, 201 SONDr.D THRU A71 L; ;:, LNG co., INC. REV 1-4 -12 Case Number: CEVR201 3001 1 044 Date: August 21, 2013 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC 5085 BAYSHORE DR NAPLES, FL 34112 Location: 5085 Bayshore DR Unincorporated Collier County Zoning Dist: RSF- 3- BMUD -R1 Property Legal Description: N G +T C L F NO 2 23 50 25 LOT 99 10 AC Folio: 61838760001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54- 185(a) General Landscaping Requirements. Maintenance of Landscaping. Collier County Land Development Code 04-41, as amended, Section 4.06.05(K)(2) a. The accumulation of weeds, grass, or other similar non - protected overgrowth in excess of 18 inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, and which lot has been specifically described by legal ^` description and which condition has been determined by the county administrator or his designee to be a public nuisance pursuant to this article. Such mowable lot is, or may reasonably be expected to become, infested or inhabited by non - protected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes; or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and /or removal. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Grass over 18" & Shrubs that are unmaintained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective_action(s): Mow all grass /weeds in excess of 18 (eighteen) inches (in areas that are the responsibility of Naples New Haitian Church of the Nazarene Inc.) that are located OUTSIDE of the conservation area boundary line as recorded in Site Development Plan 99 -108. Site Development Plan is attached. Maintain shrubs at 3 (three) feet in height as required by Site Development Plan 99 -108. 'NON OR BEFORE: 09/21/2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones Investi dfo r Si re D d es INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. AFFIDAVIT OF MAILING Respondent(s): NOV mailed Regular /Certified# 7012 3460 0001 7007 4491 Case# CEVR20130011044 DJ -97 NOV NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC 5085 BAYSHORE DR NAPLES, FL 34112 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines _Citation Notice to Appear Code Enforcement Board Evidence Packet Other: a tr S 0 0 tt Code Case Number". CEVR20130011044 U.S. Postal Service,: CERTIFIED MAIL,r.. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com;, Postage I $ Certified Fee Ir r-3 Return Receipt Fee C3 (Endorsement Re r-3 quired) O Restricted Delivery Fee (Eadotserneot 9eauire� ��,0 �- 'I., Postmark Here rM _ ... I . . Case# CEVR20130011044 DJ -97 NOV rrt NAPLES NEW HAITIAN CHURCH OF ru THE NAZARENE INC o ; 5085 BAYSHORE DR r` ' NAPLES, FL 34112 iiiiiiiii ra rorm 3800, August 2005 See Reverse for Instructions' I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 5085 BAYSHORE DR NAPLES, FL 34112, on August 21, 2013 , at 3:20 Pm , 2 We� (S gnature of Code orce nt Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 21st day of August , 2013 by Kimberly Brandes (Name of person vfig stateme — BLANCAmEVES MY CpMM WoN A DD 9015 EXPIRES: February 16, 2014 Bonded Thru NOM Public Uft's (Print, type or stamp Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Respondent(s� NAPLES NEW HAITIAN CHURCH OF THE NAZARENE INC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other. Code Case Number: CEVR20130011044 I David Jones; Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 5085 Bayshore DR , on 8/21/2013, at 12 :00 pm, and at the _X—Collier County Courthouse _ Immokaiee Courthouse. (Signature of nforcement Official) David J STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed bef re me this aZ /le day of 2013 by David Jones (Name of person ma ' g statement) (Signature of Notary Pub _ OTARF t L-1IC -STATE OF FLORIDA ��,•• Kimberly Brandes Commission #DD926130 ExPires: SEP.17, 2013 BONDED T."RC .+P_�_\TIC BONDING oo, INC. (Print, type or stamp Commissioned Name of Notary Public) _Personally known _Produced identification Type of identification produced 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION Page 1 of 1 yPC. o r(40(2) Maintenance. The owner shall be.responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include, but not be limited to the following: a• Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; C. Withholding of any permit, construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. http://Iibrary.municode.com/HTNIL/13992/level2/CH4SIDEDEST 4.06.00LABUVERE.h... 9/24/2013 • P:w n c as awe, awl SPECIAL WARRANTY DEED it +.•r• OT1 • M •• This instrument was prepared by: David P. Browne, Esquire MYERS KRAUSE & STEVENS, CHARTERED 5811 Pelican Bay Boulevard, Suite 600 Naples, Florida 33963 (941) 598 -1221 2060191 4R: 2188 ?G: 0532 l =fm IN O rICIM UOOIN of OOlm Wit, A 05/21/94 At 01:33H KIM 1. UKI, CLM C01i 91101.10 ac IN W N IOC -.Tl IN:11 hu: fIm 1I11Ie11 !ITU CO PIC[ R THIS INDENTURE, made this ; ;,4 day of , 1996, between WILLIAM H. MYERS, .as trustee of the JOSEPH O. U igLEANOR P. STUART CHARITABLE REMAINDER UNITRUST DAT its r 91, of the County of Collier, State of Florida, grantor *, and NAPLESS HAITIA H OF THE NAZARENE, INC., whose post office address is)�i- 7,h`ast Tamiami I'rai1, p e Florida 33962, grants *. WITNESSETH, that said /g ($10.00) and other good a d the receipt whereof is her by and grantee's heirs and as iV land, situate, lying and be�lrl Lot Ninety -Nine (99 according to the plat i Florida. tor`Anyrt4 c Collier County, les Groves and ok 1, page 27 deratiok of \the Sum of TEN DOLLARS ' nto in hand paid by said grantee, t rg ine i and sold to the said grantee, s Al t s i&and to the following described 'ida to > i I y s Little Farms No. 2, c,Flecords of Collier County, This conveyance and the warranties hereinafter made are subject to covenants, easements, conditions, restrictions, reservations and encumbrances of record and real estate taxes for the calendar year 1996 and subsequent years. Real Estate Tax identification No. 6183876(i0U1. The above described property is not the homestead of grantor, and said grantor does hereby specially warrant the title to said land, and will defend the same against the lawful claims of all persons whonisLwver claiming by or through the grantor, but none other. w� /0-*N t" OR: 2188 PG: 0533 M Grantee herein assumes and agrees to pay the Collier County sewer assessment, Account Number 51- 3775tH1, having a current principal payoff amount o * "Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (print name) (print name) 1_• �WUU STATE OF FLORIDA COUNTY OF- COLLIER Before me, a Nb 'ub 't _, day of STUART AND ELEANOR 1-1. ST FEBRUARY 13, 1991, who L-,Y is perso license as identification. 5 �t:�;�., KAREN A, RETHERFORD RPM: FetnNy.24, INS knad nw mt y wok women Alt '.N 1 A 1 t- -UM oy I A M H. Nf YERS, as -Trustee of -the i STUART AND ELEANOR P. STL1 A REMAINDER UNn R S r DATED FEBRUARY 13, 1991 the fbreg trtttuettt was acknowledged this 'tYERS, as Trustee of JOSEPH O. lr'�IrfiA REMAINDER UNITRUST DATED y nown to the or who ❑ has produced a driver Notary Public; State of Florida My Cununission Expires: My CUI}1t1115SiOn Number: KAREN A. RETHERFORD (Prirttcti, typcd w stautpctt rouunissit,nctl uamc ut Nuwry Public) V Yail�{M tYtlAl 7 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. NAPLES NEW HAITIAN CHURCH Inv. DAVID JONES rtment Case No CEVR20130011044 INVESTIGATIONS FINDING OF FACT HEARING Copy Costs & Mail Fees Panes Copies Per Pane Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Panes Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Pane Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Add] Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20130011492 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RAFAEL C SANTOS Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3705 Thomasson DR, NAPLES, FL SERVED: RAFAEL C SANTOS, Respondent Eric Short, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)77443800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an of idioma Ingles. Servicios the traduccion no saran disponibles on Is audienda y usted sera responsible de proveer su propio traductor, para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD r� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20130011492 Rafael C. Santos, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Subdivision of a single family residence into rental units and alterations to the electrical and plumbing systems without applicable Collier County Permits. 3. Location/address where violation exists: 3705 Thomasson Dr Naples, FL 34112 Folio: 22622600002 4. Name and address of owner /person in charge of violation location: Rafael C. Santos 3705 Thomasson Dr Naples, FL 34112 5. Date violation first observed: August 15, 2013 6. Date owner /person in charge given Notice of Violation: August 23, 2013 7. Date on/by which violation to be corrected: September 21, 2013 8. Date of re- inspection: September 24, 2013 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 26`h day of September, 2013 W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER KIMBERLY BRMDES Sworn t�,Loari ed) subscribe b;Jit',1day of 2013 by ICYCOM�4ISSIDN0FF048468 EXPIRES: September 17, 2017 mr�rEa ��`Oe Bonded Thru Budget Noluy Servfas (Signature of Notary blic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known i< or produced identification Type of identification produced REV 1 -2 -13 Case Number: CESD20130011492 Date: August 23, 2013 Investigator: James Kincaid Phone: 2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SANTOS, RAFAEL C 3705 THOMASSON DR NAPLES, FL 34112 Location: 3705 Thomasson DR Unincorporated Collier County Zoning Dist: RMF -6 Property Legal Description: AVALON EST UNIT 1 BLK 3 E 10OFT OF LOT 1 Folio: 22622600002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples n include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Subdivision of a single family residence into rental units and alterations to the electrical and plumbing systems without applicable Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits and inspection through and including a certificate of occupancy /completion required for described structure /improvements. OR Must apply for and obtain all permits and inspection through and including a certificate of occupancy /completion required to remove said structure /improvements including materials from property and restore to a permitted state. ON OR BEFORE: September 21, 2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 CESD20130011492 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. AFFIDAVIT OF MAILING n Code Case Number: CESD20130011492 Respondent(s): NOV mailed certified 7012 2920 0001 6482 2817 ° CESD20130011492 NOV JK #76 SANTOS, RAFAEL C r` ° 3705 THOMASSON DR ro NAPLES, FL 34112 ru THE DESCRIPTION OF THE DOCUMENT(S) SERVED: ru `o -. [Check the applicable docum ent(s)] Posta s e X Notice of Violation Certified Fee of Hearing a C3 ED Return Receipt Fee Postmark (Endorsement Required) Here _Notice _Notice of Hearing /Imposition of Fines 0 n Restricted Delivery Fee (Endorsement Required) ru a- _Citation to Appear ru CESD20130011492 NOV JK #76 _Notice ru r-i SANTOS, RAFAEL C _Code Enforcement Board Evidence Packet ° 17� 3705 THOMASSON DR _Other: NAPLES, FL 34112 I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 3705 THOMASSON DR NAPLES, FL 34112, on _8/23/13_ (Date), at _3:15pm_ (Time). 1 (Signature of Code Enforc ent Official) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this Q :3,07day of Iq / ( �j.(_ T 2013 by Neil Day (Name of person making ;statement) (Signature of Notary Public NOTARY PLBLIC -STATE OF FLORIDA Kimberly Brodes :Commission #DD926130 Expires: SEP.17, 2013 BONDED rHFtD ATLANTIC BONDING CO, TNQ (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification hype of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20130011492 Respondent(s): SANTOS, RAFAEL C THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3705 Thomasson DR, on August 23, 2013 (Date), at 3:30 PM (Time), and at the _X _Collier County Court se _ Immokalee Courthouse. Kincaid STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of 2013 by James Kincaid (Name of persob making statement) I 0 -N I (Sidnature of Notary Pu ic) V �,e _ J ETA -� Gr (Print, type or stamp Commissioned Name;of „i`� ""'' "" °4* _ "? Notary Public)►rr� Personally known Produced identification Type of identification produced Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) B. Building or Land Alteration Permits. /o—%� 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction After Recording Mail To: Mortgage Information Services, Inc. Attn: Recording Dept 2889 N. Commerce Parinvav Miramar, FL 33025 This document prepared by: Rafael C. Santos 3705 Thomasson Dr. Naples, FL 34112 49a4 ova The State of Florida County of Collier 3980126 OR; 4190 PG; 0409 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 02/28/2007 at 01:50PN DWIGHT E. BROCK, CLERK RIC FEE 1830 DOC -.70 .70 Retn: NTGE INFO SVCS INC 2889 N CONNERCE PINY NIRANAR FL 33025 CORRECTIVE DEED (Space Above for use of Clerk) This Quitclaim Deed, made on the day of February, 2007 between Rafael C. Santos, a single man, of 3705 Thomasson Dr., Naples, FL 34112, County of Collier, State of Florida, party of the first part, and Rafael C. Santos, a single man and Zonia Barginer, a single woman, of 3705 Thomasson Dr., Naples, FL 34112, County of Collier, State of Florida, party of the second part, witness: That the party of the first part, for and in consideration of the sum of Ten Dollars n ($ 10.00), and other good and valuable considerations to him in hand paid by the party of the second part, the recei h—i acknowledged, does hereby remise, release, and quitclaim to the PArN �a�t .rat his heirs and assigns forever, the following described land: kV A CERTAIN PAR CE OF �OPERT'Y LOCAT D II THE STATE OF FLORIDA, COUNTY OF COLLI R AO PXRTrC -0tJA LY DE CRhBED AS FOLLOWS: THE EAST 100 FE T L B C I ON STATES, ACCORDING TO THE PLAT THERE F, S EC D D{ P�GE(S) 62 OF THE PUBLIC RECORDS OF CO C � CIR D ' LES � �� EXCEPT THE NORTH 7 FEET THEREIN. Assessor's Parcel No.: 22 More commonly Known as: 3 asson Dr,.Zl /. , FL 34112 This deed is being recorded fort�t- pi'tt'ses 6f correcting an error in the acknowledgment (to wit: incorrect witness because grantor cannot sign as a witness and it is necessary to add another witness signature) contained in that certain deed recorded February 10, 2006 and recorded in Book 3980, at page 4022, among the land records of Collier County, Florida. * ** OR: 4190 PG: 0410 * ** This deed is executed as a correction deed given and accepted in place of that deed executed by the grantor to the grantee as above set forth and is made to correct the above - mentioned error and confirm the deed and it will be effective as of, and retroactive to, the date of the original deed. In witness, the parry of the first part has executed this deed on the date first above written. When the context requires, singular nouns and pronouns include the plural. Signed, sealed and delivered in the presence of: Witness 1 Signature: Printed Name:�r° FAEL C. SANTOS Witness 2 Signature: JAX,44� 4-C�,a� Printed Name: EL&'10 STATE OF FLORIDA _JT�\ COUNTY OF COLLIER i I hereby certify that on khi� /daf'15�fgre r�a�, an fficer duly authorized to administer oaths and take acknowl�dg 1 a` a ae C. Santos known to me to be the person deslrib I n � h� e c t e} for going instrument, who acknowledged before e,,t iat h , X t�d� e sa el a an oath was not taken. Check One): ( ) said p r 4`rs= �Sers `f!`or�flyn t ^�� (c�said person provid la following type of i 6ptifl at e I NOTARY RUBBER STAMP Witness 1aki e icial seal in the county and state last aforesaid this � day of February, 2007. �NOTAF PUBLI 1 ^yb.• CECILIA C. DEL PRADo `C��Y ,� Notary Public •State of Florida �1 -' • ` My Commission Expires Feb 9, 2008 Commission # DD 473150 "TOVI CJgCESoao13oolt4qej- CES'p2,o�3ool�`iaa 20 Jo CESoaot3oo tt�� Jot i� C- LC S 07-0 13 o oil 44 2. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20130011492 Board of County Commissioners, Collier County, Florida Vs. Rafael C. Santos Violation of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No. CESD20130011492 DESCRIPTION OF VIOLATION: Subdivision of a single family residence into rental units and alterations to the electrical and plumbing systems without applicable Collier County Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Vacating the unpermitted areas of the structure until such a time that the structure is in a permitted state within days or a fine of $ will be imposed for each day the violation continues. 2. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RAFAEL C SANTOS Inv. ERIC SHORT Department Case No CESD20130011492 INVESTIGATIONS FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Pane Total Black & White 11 143 0.022 $3.15 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 13.15 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (,adds Pages) 3 $8.50 $25.50 FOF Total 81.15 Panes Per Pape Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.15 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Panes Per Pape Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: CEPM20130004781 IVY JEAN NEBUS JUDY ANNE BLAKE BETTY JO ROBERTSON Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Nuisance Vacant/Unoccupied Not Secured22 -242 LOCATION OF VIOLATION: 2032 Pineland AVE, Naples FL SERVED: IVY JEAN NEBUS, JUDY ANNE BLAKE, BETTY JO ROBERTSON, Respondent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE �\ NOTIFICACION: Este audiencia sera conducida an el idioms Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usled sera responsible de proveer su propio traductor, pare un major entendimiento oon las comunicaciones de este evento. Por favor traiga su propio traductor. AvAtisman —Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vin! avek yon intepret you pale you -ou. C�O[Aer crol'unty Growth Management Division ,,��Pf 2013 000 4 %0 ( Planning & Regutation Building Review DECLARATION OF DANGEROUS BUILDING DATE: April 17, 2013 TO: Diane Flagg, Director Code Enforcement FROM: Thomas L. DeGram, CBO j Chief Building Official�� ADDRESS: 2032 Pineland Ave. FOLIO NUMBER: 56150680007 The property located at the above noted address was inspected in response to a request from the Collier County Code Enforcement Department for the purpose of determining if the subject building meets the definition of "DANGEROUS" per the 2010 Florida Existing Building Code Section 202. In accordance with the 2010 Florida Existing Building Code, Section 202, states that any building, structure or portion thereof that meets any of the conditions described below shall be deemed DANGEROUS: 1.) The building or structure has collapsed, partially collapsed, moved off its foundation or lacks the support of ground necessary to support It, (X) 2.) There exists a significant risk of collapse, detachment or dislod@nent of any portion, member, appurtenance or ornamentation of the building or structure under service loads. The field inspection revealed the building or structure met one or more of the conditions noted above. Based on the inspection findings the building or structure was found to be DANGEROUS. Immediate remediation of the conditions up to and including demolition of the building or structure is required. COMMENTS: Structure destroyed by fire iii�ki; Rsrsv: �r•� • ?;. ?•:� Nur Nrs:;eur.. �_:�s • a;�s rk:r..ia ?.�'.0 � ?L. :c ?2lti�• • rv:a cc.i�r6er ne• COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,--,COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20130004781 Ivy Jean Nebus, Judy Anne Blake, Betty Jo Robertson, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22 -236 and 242 2. Description of Violation: Structure which was in a fire, vacant and unsecured 3. Location/address where violation exists: 2032 Pineland Ave. Naples, FL 34112 Folio: 56150680007 4. Name and address of owner /person in charge of violation location: Ivy Jean Nebus, Judy Anne Blake, Betty Jo Robertson 3100 North Rd. Naples, FL 34104 5. Date violation first observed: April 2, 2013 6. Date owner /person in charge given Notice of Violation: April 25, 2013 7. Date on/by which violation to be corrected: May 25, 2013 8. Date of re- inspection: September 10, 2013 9. Results of Re- inspection: Non - compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 12th day of September, 2013 J es Kincaid J Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swo to (o a ed and subscribed before this�� lay of 2013 by (Signature of Notary ublic) (Print/Type /Stamp Commissioned N f N P 1111 2otr?:;;�e4o NEIL C. DAY T * * MY COMMISSION k FF OW EXPIRES: August 26, 2011 BmdedThruBudgdNonry Services Personally known or produced identification Type of identification produced REV 1 -2 -13 ame o otary u ic) Case Number: CEPM20130004781 Date: April 25, 2013 Investigator: Michelle Scavone Phone: 2392522973 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NEBUS, IVY JEAN BLAKE, JUDY ANNE ROBERTSON, BETTY JO 3100 NORTH RD NAPLES , FL 34104- Registered Agent: Location: 2032 Pineland AVE Unincorporated Collier County Zoning Dist: RMF- 6- GTMUD -R Property Legal Description: LOS PINGS BLK B LOTS 7, 8 + 9 Folio: 56150680007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Property Maintenance. Standards for repair or demolition of hazardous buildings by the County. Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22 -236 Buildings and Building Regulations. Property Maintenance Code. Nuisances Specified. Collier County Code of Laws and Ordinances, Article VI, Chapter 22, Section 22 -242 1. If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non - supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. : It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Structure which was in a fire, vacant and unsecured ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required permits, inspections and certificate of completions to effect, or cause, repair, rehabilitation and /or demolition of described unsafe building /structure /systems. 2. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy /completion as identified on the Property Maintenance Inspection Report / Order to Correct. OR obtain all required permits to demolish said building. AND must complete and submit the required application for boarding certificate to include a property maintenance plan. ON OR BEFORE: May 25, 2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT n !—ato—rSi'gna—ture Michelle Scavone 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 1 -� 9 SiqrrMtoreind Title of Recipient Printe ame of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. AFFIDAVIT OF SERVICE Code Case Number: CEPM20130004781 Respondent(s): NEBUS, IVY JEAN BLAKE, JUDY ANNE ROBERTSON, BETTY JO THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)) X Notice of Violation _Notice of Hearing Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: ],Michelle. Scavone, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to ivy Jean Nebus at 3100 NORTH RD on _April 25;- 2O13_ (pate), at 11am (Time). (SfgttatUre of U00 Michelle Scavone STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this ;2:,�:I* day of uLJ gj,.,) , 2013 by Michelle Scavone (Name of person making statement) (Signature of Notary Public) INDIRA RAJAH MY COMMISSION 4 EE 125592 r" EXPIRES: December 7.2015 yF OF ;�OR'� Bonded Thru Budge( Notary Semces (Print, type or stamp Commissioned Name of Notary Public) ,Personally known Produced identification Type of identification produced Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations Article VI Property Maintenance Code Sec. 22 -236. Standards for the repair or demolition of hazardous building by the County. 1.If the owner fails to repair the hazardous condition within thirty (30) days of service of the notice that a hazardous condition exists, or within fifteen (15) days of the final determination by the Code Enforcement Board or Special Magistrate that a hazardous condition exists, then the Housing Official shall, in ordering the repair or demolition of dangerous buildings, be guided by the following: a. Whether the interior walls or other vertical structure members list, lean or buckle to the extent that plumb line passing through its center of gravity falls outside of the middle third of its base; or b. Whether the non - supporting, enclosing, or outside walls or covering, exclusive of the foundation, evidences 33% or greater damage to or deterioration; or c. Whether a structure exists in violation of any provision of the Building Code or any other ordinance of the County. If the building is unoccupied and it is deemed that demolition is not feasible, the building should be secured in accordance with the section of this ordinance regulating the boarding of vacant buildings or dwellings. (Ord. No. 2010 -02, § 12) Sec. 22 -242. Nuisances specified. It is declared unlawful and a public nuisance for any owner of any property in the County to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this Ordinance. (Ord. No. 2010 -02, § 18) PERSONAL REPRESENTATM19 RELEASE AND CE13TIFICATF OF DISTRIBUTION OF REAL I'RQPEIM (single individual personal representative) The undersigned, Iv_v Jean Nebus 3172946 OR: 3276 PG; 2247 NC a b is w1cm amm of coua cm, n 141 12003 at HAM PICK I. 1108, Gatli Ut 111 15.00 Me -.70 .71 ~� [ A 1100613 ! 6 Soil 2571 R 111 tL 33132.2579 whose post. office address is 3100 North Road, Naples, FL as persnnal representative of the cstat.e of Irene E. Cadenhea deceased, hereby acknowledges that. title to the real property located in Collier County, Florida, owned by the decedent ar the time of death, described as follows: See Exhibit "A" attached hereto and made a part hereof 5 615068000'1 73281040007 73281080009 Property Appraiser's Parcel )ricntification dumber 00275560003 (the "Property "), vested in Ivy Jean Nebus, Judy Anne Blake and Betty Jo Robertson. as Tenants in Common Whose post office address is 3100 North Road, Naples. Florida 34104-4807 (the "beneficiary" t)r 'Acneficiaries "r by operation of law as of the date of the decedent's death pursuant to Florida lave as vyill more fully appear from the proceedings in the Circuit Court for Collier County, Florida, Probate Ilivisiort, in File No. 97- 809- CP -02 -TB _ subject to rights of the personal representative under fiect.ions 733.607 and 733.608 of the Florida Probate Code to take possession or control of the Property. or to use, sell, encumber or otherwise exercise control over the PropertY (1 ) for the pa.vinent of devises, debts, family allowance, estate and inheritance taxes, claim-, charges. and expenses of administ ration, (2) to enforce contribution and equalize advancement, or (3) for distribution. Having determined that thv Property is not needed for any of the foregoing purposes, except distributinn, and that the Property should be released and distributed to the Beneficiary or Beneficiaries, the pers<5aal represerrtativ4 livreby rrdcases the Property from all rights and powers of the personal Bar Form No. P- 45.0600. t of 2 0 Florida Lawgivers Suvvnrt Services, lnc. 17-N, OR: 3276 PG: 2248 representative and acknowledges that the Property is vested in Ivy Jean Nebus, Judy Anne Blake and Betty Jo Robertson, as Tenants in Common free of all. rights of the personal representative. IN WITNESS WHEREOF, the undersigned, as personal representative of the estate of the decedent, has executed this instrument on �CL ) 1 ppt 200.1 Executed in the presence of: (two wltnesses) STATE OF FLORIDA COUNTY OF Collier ti4 J A - &'/, G9 I sari Nebus Asp representative of the estate of Irene E. Cadenhead �1 The foregoing instrument was acknowledged before me on -Le h. J o-120 0 by Ivy .Jean Nebus of the estate of Irene E. Cadenhead as personal representative deceased, who is personally known to me or who produced as identification. (y or no) (type of identification) This instrument prepared by: Larry A. Echols 6100 Estero Boulevard P.O. Box 2579 Fort Myers Beach, F1 33932 Florida nn�Bar No. 107769 Bar Form Noe g060�.2 419- 463 -5793 Florida Lawyers Support Services, Inc. Notary Public, State of Florida (Aft notarial seal) My Commission Expires: My Commission Number is: (Print or type names under all signature lines.) �"'� ?w�rM1H+eWAOU►iiYO�nn••, Wt 04J"WaAO�4 ..�- ,. S104)3 AJio1 '4 A Echob F W' 00MWSION t - ps e Novemt,., . . P,;,,n 10NOFO Mfu lug.. • ::.t.� : . *'* 4R: 3276 PG: 2249 *** Exhibit -A- Lot 7. 8 and 9. Block I?,. I.()s Pinos, a subdivision. per the map Or plat thereof recorded in Plat Book I . Pape 46. Public Records of.Collier CauntN, Florida. Lots 21 and 72. Block E:, Shadowlawn at Naples. per the map or plat thereof recorded in Plat I3Ook, 1. Pale 17. Public Records ofColiier count`. Florida. interest in The North 152 tt. of the 'north 658.6 1t. of the South � 05ftof EaI ufthe ). . he East ' cif the East ' = of the Northwcst '/< of Section 36, Township 49 South, Range 25 fast. Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. IVY JEAN NEBUS, JUDY ANNE BLAKE, BETTY JO ROBERTSON Inv. James Kincaid Department Case No CEPM20130004781 INVESTIGATIONS Hours Per Hour Total 0.00 Pasaes Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 81.43 FINDING OF FACT HEARING Copy Costs & Mail Fees Panes Copies Per Page Total Black & White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pasaes Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 81.43 Panes Per Pane Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Panes Copies Per Pane Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Panes Per Pane Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20130007368 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LISA BROWN, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exterior Walls - Dwelling22- 231(12)(b) LOCATION OF VIOLATION: 834 93rd AVE N SERVED: LISA BROWN, Respondent ^ Chris Sundlee, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -6800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major arttendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avatisman — Tout odisyon yo fat an angle, Nou part gin moun you fe tradiksyon. Si ou pa pals angle tanpri vini avak yon intaprat you pals you -ou. n COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20130007368 Lisa Brown, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code , Section 22- 231(12)(b) 2. Description of Violation: Exterior siding missing around door on east side of dwelling. 3. Location/address where violation exists: 834 93`d Avenue N Naples, FL 34108 4. Name and address of owner /person in charge of violation location: Lisa Brown 834 93`d Avenue N Naples, FL 34108 5. Date violation first observed: May 20, 2013 6. Date owner /person in charge given Notice of Violation: May 21, 2013 7. Date on/by which violation to be corrected: June 19, 2013 8. Date of re- inspection: August 21, 2013 9. Results of Re- inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boarq-for a p lic�earing. Dated this 161s day of September, 2013 de nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 16th day of Seta er�L Q 3dIyTr of FL0'RIDA ` SnoGi, Com.n �tjion> "fDD929983 (Signatur`e of Notary Public) t7 Siam ar9ib-M6ned gf iFtPeT�� r� uac� ca, iNc. Personally known L or produced identification Type of identification produced REV 1 -2 -13 Case Number: CEPM20130007368 Date: May 21, 2013 Investigator: Chris Sundlee Phone: 2392522971 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BROWN, LISA 834 93RD AVE N NAPLES, FL 34108- Location: 834 93rd AVE N Unincorporated Collier County Zoning Dist: RMF -6 Property Legal Description: NAPLES PARK UNIT 4 BLK 53 LOT 39 Folio: 62713320002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property MainAenance Code , Section 22- 231(12)(b) 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall 1011\ also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Missing siding from around a door on east side of structure. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements to include permanent repair of siding on exterior walls to cover holes and make a water resistant seal using standard construction practices with like material, including caulking and painting to match existing structure. ON OR BEFORE: 06/19/2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Chris Sundlee INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. AFFIDAVIT OF MAILING Respondent(s): BROWN, LISA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: Code Case Number: CEPM20130007368 CASE: CEPM20130007368 Lisa Brown 834 93rd Ave N Naples, FL 34108 I Indira Rajah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 834 93RD AVE N NAPLES, FL 34108, on 5/21/13 (Date), at 9'23 AM (Time). _ (Signature of Code Enfo cement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 21st day of May, 2013 by Indira Rajah (Name of person making statement) (Signature of Ntifary Public) v / NOTARY PL, IGSTATE Brarides / ;umbe.rly D926130 / f D 3 C� commission SEP.17, 201 ERP1rTICBONDINOCO,INC DA (Print, type or stamp Commissione ame of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEPM20130007368 Respondent(s): BROWN, LISA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: (Check the applicable document(s)) XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Chris Sundlee, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 834 93rd AVE N , on May 21, 2013, at 10:33 AM), and at the Collier County Courthouse. i (Signature of Code Enforcement Official) n Chris Sundlee STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this day of 2013 by Chris Sundlee (Name of personknaking statement) I a-41 ell (Signature of Notary Public) co.�pRV PuB(i 1NDlRA RAJAH MY COMMISSION # EE 126592 EXPIRES: December 7, 2015 �r�TFOF Rt�'oe Bonded Thru Budget Notary Services (Print, type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced z E: 0 =- fco " - > H C/) 2, co m 0 C) > < cq� m C.) o E ID (D 5- C "fJ 0 C7< MCC (,0 L- T �4 C, C, Z ID m 00 Z La Cr I ` V co r- C-) Co CL 0 > m 00 CD -4 C4 CO ii'i ail 21 co O O r1i coO 1 O rr; ID C, CD O M cn C.) o E ID (D 5- C "fJ 0 C7< MCC (,0 L- T CD C, C, Z ID m La CD O CD 0) cn -n rn CD co r- C-) Co CL 0 > m 00 CD -4 C4 CO ii'i ail 21 co O O 1 :7 lU rr; ID o CD O M cn C.) LA CD ;o cn C, CCD 3 CD 0 �CD (,0 m La O rn --in :n Iii ry r T, co r- C-) Co CL 0 > m 00 CD -4 C4 CO ii'i ail 21 co O O 1 :7 lU rr; ID o CD O M cn C.) LA CD ;o cn C, CCD 3 CD 0 �CD (,0 m La O co O O ID o CD O M cn C.) LA CD ;o cn C, CCD 3 CD 0 �CD m La O CODE OF LAWS AND ORDINANCES Chapter 22 BUILDINGS AND BUILDING REGULATIONS ARTICLE VI. PROPERTY MAINTENANCE CODE Sec. 22 -231. Compliance with housing standards 12. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. b. EXTERIOR WALLS — The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. ++word end 1laeera 6w JAMICS An CLASSIC TLB BUVICU, INC. 11640 to Baaeh Road, suits 401 Bonita iaga, ►L 34135 sse - 1: - - At 11-//, * ** 2385426 OR: 2472 PG: 0774 U CORDID in 0I1i6:aL WORDS of COLLIIR COUNTY, IL 10/20/11 it 10 :52AN MIGHT I. BROCI, CLIRI CONS 70000.00 RIC Ill b,00 DOC•. ?0 490.00 Reu: CLASSIC TITLI SIRV INC 11690 BONITA BIACH RD 1401 BONITA SPRINGS PL 34135 WARRANTY DEED THIS MEN MRS, made this 12th day of October A.U. 1998 between KATI INE D. UARVSY, a single woman as Qraot *, whose address ie: 312 S.M. 13TH STRBST, PI. LA1JDM ALE, FLORIDA 33315 and LI BROIOi as Csant &, whose address is: 834 93RD AV==. NAPLZS. FLORIDA 34108 112 : That the Qrantorn, for �agd ice- oo"deration of the sum of TBR AM NO /100 DOLLARS 10.001 and other vaiu-"2 -� i t to said grantors in hand paid by said gr sea, the receipt wb� f a �aL ��jj1 has granted, bargained and sold o the grantee aryl` �� a heirs [orsKi6�yTt ollowl.ng described land located the County or /C State of rlorida, to - 't-, Lot Block 53, If tthser esca subdivision as�L S PARK, UNIT NO. 4, ording to the map o tAfe Ala and ecosded in the orrice of the ark of the %Cis it courtCoi iar County. Flo ida` in Plat Book 3, page 1 C "'� ffi jI/' The ject ptopert i• not a t %9 tor, nor is it contiguious to grantors J e d qpe ( t !, i Pzapsrty ax ID Nusb� 2713330002 � i ; /��ri' BLSJBCT I taaoents �tds tYictioas add reaerya" df if any, and taxes to 1998 and rubhaotir years, Said grax or does her ��{' eby s++��'artrant the C1C1e�o.�tAd,�`larui. and will defaced the some igainst the liwtuj �3ai�tf,�0t cell- p+rabna5�bo!s'oever• •Sinqul and plural are into chAavjeal ir0 tazt requires. IN MTI F, Grantor has hereunto amt granto:•s hand and seal the day and i ve written. V I �� Q�INPNfJ — Met M AV sue, state of IDA County o 1 The fo ing instrvrnt was acknowledged before as on this 11th day or Oct 1998 by r1QS I= D. UkRVSY , a single wawa&. lai J r w pr�► as idea a did t eh. My Cooi ion m aa�rna< u `PpY Pv OFFICIAL NOTMY REAL U l COIII "I P • (MOVER s 088" "U"ER �O MY 00YIM9IOM EXP. DEC. 19,1999 Z0*d atar:za Ss -al-3-Do INSTR 4764737 OR 4856 PG 2689 RECORDED 11/20/2012 11:17 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $9.00 space above reserved for recording information IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR Ce;4WI Qty, FLORIDA r Bank of America, National Asst iaiior Successor by Merger to BAC �Horr. ;, Servicing, L.P. f/k/a Coun d rI m Servicing, L.P. r" Plaintiff, \� -VS.- Lisa Brown; Unknown Parties in P3sz �iI-q o-1, If living, and all Unknown Parties claimi"rtg_ through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants; Unknown Parties in Possession #2, If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Cl aimarrts s V NOTICE OF LIS PENDENS F -;P c� TO: THE ABOVE NAMED DEFENDANT(S) AND ALL OTHERS WHOM IT MAY CONCERN: * ** OR 4856 PG 2690 * ** YOU ARE HEREBY NOTIFIED that suit was instituted by the above -named Plaintiff against the above -named Defendant(s), in the above styled cause, involving the following described property, situated, lying and being in Collier County, Florida, to -wit: LOT 39, BLOCK 53, NAPLES PARK, UNIT 4, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Relief sought as to such property is for foreclosure of mortgage held by Plaintiff against the premises and recorded in Official Records Book 4281, Page 2060 of the Public Records of Collier County, Florida. YOU will, therefore, please govern youyselt�es a�ese ingly. LT DATED: V `J '2012 *Pursuant to Fla. R. hereby designates i email sere 11- 228160 FCOI CWF c as: 3T 9 la SHAPIR Attomey .;_ 2424 No Boca Ra Email Ak Plaintiffs counsel for the purposes of logs.com* �I GACHE, LLP `ed' 4LIi�ghway, Ste 360 �iida 33431 i. 4l 98 -6700 x8-67 7 ilio to .com By: Amy Con6lio, FL Bar # 71107 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20130007368 Board of County Commissioners, Collier County, Florida Vs. Lisa Brown Violation of Ordinance /Section(s): Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(12)(b) John Santafemia, Code Enforcement Official DepartmentCase No. CEPM20130007368 DESCRIPTION OF VIOLATION: Exterior siding is missing from the east side of the dwelling. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining any required permits and repair the damaged exterior siding of the dwelling. Additionally, all permit inspections, if required, must be obtained along with a Certificate of Completion. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Alt, { rm 'f 05/20/2U1 11:57 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. LISA BROWN Inv. CHRIS SUNDLEE Department Case No CEPM20130007368 INVESTIGATIONS Hours Per Hour Total 0.00 FOF Total 81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 r-TO-10-01 County Staff Clerk of Board Fees Hours Per Hour 0.5 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addi Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.43 FINDING OF FACT HEARING Copy Costs & Mail Fees Panes Copies Per Page Total Black & White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 13.43 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addi Pages) 3 $8.50 $25.50 FOF Total 81.43 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 r-TO-10-01 County Staff Clerk of Board Fees Hours Per Hour 0.5 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Addi Pages) 1 $8.50 $0.00 0.00 IOF Total 0.00 Total Operational Costs $81.43 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20130009609 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RAQUEL BETANCOURT , Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL -34112 VIOLATION: Vegetation Removal (Landfill Perm it)3.05.01(B) LOCATION OF VIOLATION: NO SITE ADDRESS SERVED: BETANCOURT, RAQUEL, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audienoia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avefisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanph vini avek yon intepret you pale pouou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD n COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20130009509 Raquel Betancourt, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010 -04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04 -41, as amended Section 3.05.01(B) 2. Description of Violation: Active clearing of native vegetation on unimproved parcel folio 41445160001. 3. Location /address where violation exists: Folio 41445160001 4. Name and address of owner /person in charge of violation location: Raquel Betancourt 183 E. 44"' St. Hialeah, FL 33013. 5. Date violation first observed: July 9`h, 2013 6. Date owner /person in charge given Notice of Violation: July 290', 2013 7. Date on/by which violation to be corrected: August 29`h, 2013 8. Date of re- inspection: October 151, 2013 9. Results of Re- inspection: Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 81h day of October, 2013 STATE OF FLORIDA COUNTY OF COLLIER C, nforcement Investigator Sworn to (or affirmed) and subscribed before this 8`h day of October, 2013 by bervTo Sve%45 G (Signature of No ary Pu is (Print/Type /Stamp Commissioned Name of Notary Public) Personally known &—or produced identification T ,, _ FLORIDA Type of identification produced _hPy -: Adams Co1!missi6n ," E 005769 ' Expires. �I �E 30, 2014 REV 1-4 -12 sot�FID TYE ATIAN I:,: ko vrr G CO., INC . Case Number: CEVR20130009509 Date: July 29, 2013 Investigator: David Jones Phone: 2392525754 Owner: Raquel Betancourt 183 E. 44th St. Hialeah, FL 33013 Location: COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 90 N150FT OF TR 55 Folio: 41445160001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Vegetation Removal, Protection & Preservation. Vegetation Removal / Landfill Required. Collier County Land Development Code 04 -41, as amended, Section 3.05.01(B) It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S), Did Witness: Active clearing of native vegetation on unimproved parcel folio 41445160001. .ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Submit a restoration plan pursuant to Collier County Land Development Code Section 10.02.06(E)(3). Submit restoration plan to Code Enforcement for approval prior to any mitigation activities. ON OR BEFORE: 08/29/2013 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investi ignature Phone: 239 252 -2440 FAX: 239 252 -2343 D d Jones Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right -of -way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Code Case Number: CEVR20130009509 Respondent(s): BETANCOURT,RAQUEL THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I David Jones, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at Folio 41445160001, on 7/29/2013, at 1:OOpm, and at the _X–Collier County Courthouse _ Immokalee Courthouse. ( Signatur a Enforcement Official) Davi nes STATE OF FLORIDA COUNTY OF COLLIER Sworn to`(or affirmed) and su scribed before me this —day of e!� - , 2013 by David Jones (Name of person m king statement) (Signature of Notary P T -1 roo.RY pyB4 SMRLEY GARCIA k * MY COMMISSION # DD 94398D N,��F� EXPIRES: December 21, 2013 o�N' (Print, type or stamp Commissioned Name of Notary Public) /Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEVR20130009509 Respondent(s): BETANCOURT,RAQUEL THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)) X Notice of Violation Notice of Hearing Notice of Hearing /Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Shirley Garcia, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 183 E 44 ST HIALEAH, FL 33013, on 7/30/13 (Date), at Sam (Time). ( i nature of Code E orc ent i al) l� Shirley Garcia STATE OF FLORIDA COUNTY OF COLLIER Swor tt} to (or affirmed) d sLoscpbed before me this O day of t , 2013 by Shirley Garcia (Name of person making statement) (Signature of N BIJWCA pil �' ,,_ MY COMMISSION N DD 933915 �`: - EXPIRES: FebNary 16, 2014 >•. a`: NplaryPubOcUndervuide�s (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION Page 1 of 1 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. http: / /library.municode.com/HTML /13992 /level2 /CH3REPR 3.05.00VEREPRPR.html 10/8/2013 10.o2,0G r Corrective measures for environmental violations. a. Mitigation. iv. V. vi. The person(s) responsible for violations of the environmental sections of the Land Development Code shall be notified according to section 8.08.00 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation. The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off -site mitigation will successfully offset the impacts being mitigated for. Off -site mitigation shall be on lands under the control of a public agency, or identified for public acquisition, or on lands protected from future development. Ratios for off -site mitigation shall be as follows: 2 to 1 for uplands and 3 to 1 for wetlands. The selection of plants to be used shall be based on the characteristics of the Florida Department of Transportation, Florida Land Use, Cover and Forms Classification System (FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. If only trees were removed and the understory vegetation was not disturbed, then replacement of the dbh (diameter at breast height) in inches removed shall be required. If the violation has caused any change in hydrology, ground elevations or surface water flows, then the hydrology, ground elevation or surface water flows shall be restored to pre - violation conditions. If the violation consists of clearing of residential, single - family (RSF), village residential (VR) or estates (E) or other non agricultural, non commercially zoned land in which single - family lots have been subdivided for single - family use only, and 1 acre or less of land is being cleared by the property owners themselves in advance of issuance of building permit, the County Manager or his designee may, in lieu of restoration or donation, impose a penalty fee in the amount equal to double the cost of a typical building permit. Requirements for a mitigation plan. i. iii. iv. V. vi. vii. viii. ix. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.05.07 H or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. The preparer's name, address and telephone number shall be included on the plan. A north arrow, scale, and date shall be required on the plan. Existing vegetation areas shall be shown. The proposed planting areas shall be clearly defined. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitigation areas may be designated by a more simplified method. All plants proposed shall be denoted by genus, species, and the common name. C. •1 The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. Site - specific review criteria. i. All plants used for mitigation shall be native Florida species. iv. V. vi. Plant materials used to meet minimum landscape requirements of the LDC shall conform to the plant specifications in 4.06.05. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The Florida - Friendly Landscaping Guide to Plant Selection & Landscape Design shall be used in determining the temperature tolerances of the plants. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to determine if the plants proposed for planting are compatible with the existing or proposed soil types. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation area shall be required. County review of mitigation plan. The County Manager or designee will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may be requirea when requested. e. Should the county reject the mitigation plan, the reasons will be provided so the applicant can correct the plan and resubmit for county review. Monitoring and replanting. i. iv. A monitoring program shall be required that would determine the survivability by species of the plants used in the mitigation effort. A time zero monitoring report with photographs shall be submitted within 30 days of replanting. At the option of the respondent, two follow -up monitoring reports may be submitted at one -year intervals, starting one year after submittal of the time zero monitoring report, to document condition and survivability of mitigation plantings. If annual monitoring reports are submitted, they must document on -site conditions within one month prior to the anniversary/due date for the re- inspection. Success shall be verified by the County Manager or designee. An eighty percent survival by species shall be required for a two -year period, starting at time of submittal of the time zero monitoring report, unless other arrangements are specified and agreed upon in the mitigation plan. Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. Should the County Manager or designee determine the need for an extended monitoring schedule, monitoring may continue until at least an eighty percent survival of required planting(s) has been attained. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and /or consultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted. This condition shall not apply to all mitigation areas and each case will be evaluated individually, based on the supported [supporting] data submitted by the mitigator. Should there be a change in ownership of the property identified in the approved mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and any requirements pursuant to the plan. Donation of land or funds. The donation of land and /or funds to a public agency may be made if none of the above are viable alternatives. This donation of land and /or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to section 10.02.06 E.3.a. including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. * ** INSTR 4847889 OR 4928 PG 708 RECORDED 6/4/2013 5:29 PM PAGES 1 * ** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $70.00 REC $10.00 CONS 510,000.00 THIS INSTRUMENT PREPARED BY AND RETURN TO: Mayra Albelo Premier Title & Research, Inc. 7811 Coral Way, Suite 130 Miami, Florida 33155 Our File NO.: 13 -206 Property Appraisers Parcel Identification (Folio) Number: 41445160001 State of Florida Deed Documentary Stamps paid on this transaction: 570.00 SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED THIS WARRANTY DEED, made the 14th day of February, 2013 by MARIA M BLANCO, a single woman, whose post office address is 13790 SW 34 ST, MIAMI, FL 33175 herein called the Grantor, to RAQUEL BETANCOURT whose post office address is 183 E 44 ST, HIALEAH, FL 33013, hereinafter called the Grantee: i'U herever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns ojindividuals, and the successors and assigns ojcorporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of TEN AND 001100'S (S 10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in COLLIER County, State of Florida, viz.: THE NORTH 150 FEET OF TRACT 55, OF GOLDEN GATE ESTATES, UNIT 90, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PL�B AGE 29, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Subject to easements, restrictions and r�erw�f6ns of record and tastes foi the year 2013 and thereafter. TOGETHER, with all the tenements, het`edi ents�and'hp antes t�ye TO HAVE AND TO HOLD, the same n fe� pl&, 4re�ert I��y AND, the Grantor hereby covenants wi t(G air ��tltatJthet�tor rs Grantor has good right and lawful auth ' o yyy222I an tort4ey nd, defend the same against the lawful clai II persons whomsoeve�n taxes accruing subsequent to December 31a M2 , ,? 4N WITNESS WHEREOF, the said Granto��ia �s gged and sealed these All Sided, s led and delive�rr t��,€€/pr cnce of \' \ �— un.b� ignamre i s l/ P 'kited ame i tore Witness #2 Printed Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acinowl personally known to me or has produces SEAL My Commission Expires: or in anywise appertaining. of said land in fee simple; that the rants the title to said land and will is free of all encumbrances, except day and year first above written. me r 4Sfi day f February, 2013 by MARIA M BLANCO who is /� as identification. Notary ub c Pri ted Notary Name MAYRA ALBELO Notary Public • Stale of Florida is My Comm. Expires Oct 20, 2013 commission # OD 932264 Bonded Through Naliona It Bonded Assn. File No.: 13 -206 3 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEVR20130009509 Board of County Commissioners, Collier County, Florida Vs. Raquel Betancourt Violation of Ordinance /Section(s) Collier County Land Development Code 04 -41, as amended Section 3.05.01(B) David Jones, Code Enforcement Official Department Case No. CEVR20130009509 DESCRIPTION OF VIOLATION: Active clearing of native vegetation on unimproved parcel folio 41445160001. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must submit a restoration plan pursuant to Collier County Land Development Code Section 10.02.06(E)(3) prior to any mitigation activities within days of this hearing or a fine of per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RAQUEL BETANCOURT Inv. DAVID JONES Department Case No CEVR20130009509 Hours Paces Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 82.00 Copy Costs & Mail Fees FINDING OF FACT HEARING Copies Per Pane Copy Costs & Mail Fees Panes Copies Per Pane Total Black & White 14 182 0.022 $4.00 Color 0 0 $0.75 $0.00 Three -Hole Punch Mail $7.00 $3.00 Mail $7.00 $7.00 0.00 County Staff Hours 14.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Paces Per Pane Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 FOF Total 82.00 Copy Costs & Mail Fees Pages Copies Per Pane Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $0.00 Mail $7.00 $0.00 0.00 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $0.00 Pages Per Pane Document Recording (First Page) 1 $10.00 $0.00 Document Recording (Adds Pages) 1 $8.50 $0.00 r-TO--001 IOF Total 0.00 Total Operational Costs $82.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Sean King Tr, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CEVR20110002999 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit)3.05.01(B) LOCATION OF VIOLATION: 4441 5th AVE NW Naples, FL SERVED: Sean King TR, Respondent Michaelle Crowley, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servidos the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con Jas comunicadones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vin avek yon intepret you pale you -ou. y (6- brad schiffer/TAXIS,inc. Architects and Planners AA C000600 520 Sugar Pine Lane Naples,Florida 34108 239.254.0285 October 20, 2013 Re: CEVR20110002999 Sean King TR, Respondent Please accept this as support for a 45 day time extension. This particular residential design is comprised of steel frame not normally found in residential construction. This required that a manufacturer had to be contracted and given time to produce component engineering prior to the project engineering required for a Collier County building permit. This resulted is a delay. The owner and his team are creating what will be a special residence. As the project Architect I believe we will be ready to submit Construction Documents to Collier County within the next 45 days. Feel free to contact me with any questions or concerns. Brad Schiffer AIA AR 7134 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEVR20110002999 Board of County Commissioners vs. Sean King TR, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 3.05.01(B) Location: 4441 5`h AVE NW, Naples, FL 34119; Folio 36663400008 Description: Property was partially cleared of vegetation without a Collier County permit. Past Order(s): On March 22, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4784 PAGE 1819, for more information. On November 29, 2012, an Extension of Time to Comply was granted, see the attached Order of the Board, OR 4865 PAGE 2615 for more information. On June 27, 2013 an Extension of Time to Comply was granted, see the attached Order of the Board, OR 4942 PAGE 3841 for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the followin : Order Item # 1 & 4 Fines at a rate of $150.00 per day for the period between September 19, 2012 and October 24, 2013 (401 days) for the total of $60,150.00. Fines continue to accrue. Order Item # 3 & 6 Fines at a rate of $150.00 per day for the period between December 18, 2012 and October 24, 2013 (311 days) for the total of $46,650.00. Fines continue to accrue. All previously assessed operational costs of $81.15 have been paid. Total Amount to date: $106,800.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. SEAN KING TR. Respondent CEVR20110002999 INSTR 4679366 OR 4784 PG 1819 RECORDED 4/11/2012 3:51 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22, 2012, 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: That Sean King TR 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 4441 5'h Avenue N.W., Naples, FL 34119, Folio 36663400008, more particularly described as the West 1/2 of Tract 54, GOLDEN GATE ESTATES, UNIT NO. 2, according to the map or plat thereof, as recorded in Plat Book 4, Page 75 of the Public Records of Collier County, Florida is in violation of Vegetation Removal, Protection and Preservation, Vegetation Removal/Landfill Required, Ordinance 04-41, The Collier County Development Code, as amended, Section 3.05.01(B) in the following particulars: Property was partially cleared of vegetation without a Collier County Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, 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 Vegetation Removal, Protection and Preservation, Vegetation Removal/Landfill Required, Ordinance 04-41, The Collier County Development Code, as amended, Section 3.05.01(B) be corrected in the following manner: 1. By obtaining any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41, as amended, Section 10.02.06(B)(1)(a) within 180 days (September 18, 2012). 2. In the alternative, by preparing a mitigation plait whicir meets the criteria stated in Ordinance 04-41, as amended, section 10.02.06(E)(3) within 180 days (September 18, 2012). 3. AND by installing all plant materials in accordance with the Collier County approved mitigation plan within 270 days (December 17, 2012). 4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 18, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 5. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by September 18, 2012, then there will be a fine of $150 per day for each day until the mitigation plan is submitted. 6. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board by December 17, 2012, then there will be a fine of $150 per day for each day until the violation is abated. 7. That the Respondent is 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. 8. That if the Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 9. That the Respondent is 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. DONE AND ORDERED this I day of 7 ,� , 2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA BY: Keane Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisLJ day of 2012 -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. KRISTINE TWENTE Notary Public - State of Florida "c My comm. Expires Jun 18, 2015 commission #t EE 87272 '? Banded Through National Notary Assn. - 01.�r• "'.. _ NOTARY PUBLIC My commission expires: state Oi FuAtA K fir: h� `ynuniy of COL.UER n , i HEREBY CER`nFY THAT i8 a tit � :orrect copy of a aocu n8lit o#i'> -le IR Board Minutes ,anti °%Recor.I�'' 0- cd(Mer Count S5 mm.ii P rf t �aF,this day of QW HT E. MMKI CLERK OF CQURU WL CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QRDER has been sent by U. S. Mail to Sean King TR, 720 Goodlette Rd. N, Ste. 304, Naples, FL 34102 this r�day of _`T ,�., Q, 2012. M. Jeawson, Esq. Florida Bar No. 750311 700 Eleventh Street S., Ste. 102 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, SEAN KING TR. Respondent CEVR20110002999 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 29, 2012, on the Respondent's 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 180 days (May 29, 2013). 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 C'0 day of 'a. CC . , 2012 at Collier County, Florida. 49, VU*Wk, - uOunzy o C�Lial HEREBY CERTIFY T14AT *064 ! . ;orreCt CODY W A 09>CUMI Rt OR an 1R Soard Minutes anQ RoCom tW COi w i s � rftv " , I i L. BROCA, CLERK OF 00LWN t �,,1 INSTR 4775395 OR 4865 PG 2615 RECORDED 12/17/2012 11:05 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of J 2012, by Robert Kaufman, 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. 15TINE TWENTE a , ��; Notary Public State of Florida NOTARY PUBLIC My Comm. Expires Jun 18, 2015 M commission expires: �;, p�E Commission # EE 87272 Y ........... Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Sean King TR, 720 Goodlette Rd. N, Ste. 304, Naples, FL 34102 this _`}'day of . , 2012. M. Jean 1Za�vson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 INSTR 4864409 OR 4942 PG 3841 RECORDED 7/11/2013 11:38 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, SEAN KING TR. Respondent CEVR20110002999 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on June 27, 2013, 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. n 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. This matter is extended for a period of 60 days (August 26, 2013). 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 -G ; -^. 1� r T`,1,, fts is a true and on file in 'n:; _ n, q;li, county , I irus •ti E. E. , z-R QF ;G0URTS _s,A. 2013 at Collier County, Florida. ENFORCFA4ENT Y' 2800 North HaFses Drive Naples, Florida 104 STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of 2013, byRobert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, ho is personally known to me or who has produced a Florida Driver's License as identification. KAREN G BAILEY NOT A Y PUBLIC MY COMMISSION # E4820517� My commission expires: EXPIRES February ;PT 30"163 PlarbeNOls v10� CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD h4s, been sent by U. S. Mail Sean King TR, 720 Goodlette Rd. N, Ste. 304, Naples, FL 34102 this ---7-> day of ] 3. z-4"C� -mil M. JeaUAawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. King Tr, Sean, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEVR20110002999 BEFORE ME, the undersigned authority, personally appeared David Jones, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4784 PG 1819. 2. That the respondent did /did not contact the investigator. 3. That a re- inspection was performed on June 4th 2013. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: obtaining any and all applicable permits or by preparing a mitigation plan and installing all plant materials. Violations remain. FURTHER AFFIANT SAYETH NOT. DATED this 12th day of June, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD David Jones Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affir4n d) and suascribed before me this 12th day of June, 2013 by David Jones {Signature of Notary Public) ' NOTARYPUTLICST.ATE OFFLOP.IDA C E12931i Commission ame of No (Print/Type/Stamp tary Public) -- _ "i✓ G %, 2G14 BONDED .,crG CO, INS. Personally known COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. King Tr, Sean, Respondent(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEVR20110002999 BEFORE ME, the undersigned authority, personally appeared Michaelle Crowley, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 27, 2013, the Code Enforcement Board heard a Motion For Extension of Time and issued an Order in the above -styled matter granting the Respondent an extension of time until August 26, 2013,as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4942 PG 3841 . 2. That the respondent, Danny Garcia did contact the investigator with updates on his progress. 3. That a re- inspection was performed on October 8, 2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: did not obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04 -41, as amended, section 10.02.06(B)(1)(a) or, in the alternative, did not prepare a satisfactory mitigation plan which meets the criteria stated in Ordinance 04 -41, as amended, section 10.02.06(E)(3); AND did not install all plant materials in accordance with the Collier County approved mitigation plan. Also, a Building Permit has not materialized. FURTHER AFFIANT SAYETH NOT. DATED this 10th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Michaelle Crowley Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed) and subscribed before me this 10th day of October , 2013 by Michaelle Crowley Signature of Notary ublic) N0TAP.YPUBL1L' -S1 . r! Fires: JUISTE 30, 2015 ( Print / Type /Stamp Commissioned Name of Notary Public) $ oNDrnI 7r,.T)ATr,Ar�-n�cso,',Dncco.,rnrc. Personally known � brad schiffer/TAXIS, inc. Architects and Planners AA C000600 520 Sugar Pine Lane Naples, Florida 34108 239.254.0285 October 20, 2013 Re: CEVR20 1 1 0002999 Sean King TR, Respondent Please accept this as support for a 45 day time extension. This particular residential design is comprised of steel frame not normally found in residential construction. This required that a manufacturer had to be contracted and given time to produce component engineering prior to the project engineering required for a Collier County building permit. This resulted is a delay. The owner and his team are creating what will be a special residence. As the project Architect I believe we will be ready to submit Construction Documents to Collier County within the next 45 days. Feel free to contact me with any questions or concerns. Brad Schiffer AIA AR 7134 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. YANELIS GIL, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20120010800 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 4865 46TH ST NE SERVED: YANELIS GIL, Respondent James Davis, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA \34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE IOTIFICACION: Este audiencia sera conduGda an el idioma Ingles. Servidos the traduccion no saran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major antendimiento con las comunicadones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale pouou. COLLIER COUNTY CODE ENFORCEMENT BOARD ^ IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20120010800 Board of County Commissioners vs. Yanelis Gil, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) Location: 4865 46" ST NE, Naples, FL 34120; Folio 39029080001 Description: An incomplete unpermitted addition to the rear of the home Past Order(s): On March 28, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4909 PAGE 3201, for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between September 25, 201' ) and October 24, 2013 (30 days) for the total of $4,500.00. Fines continue to accrue. All previously assessed operational costs of $80.00 have been paid. Total Amount to date: $4,500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20120010800 VS. INSTR 4826900 OR 4909 PG 3201 YANELIS GIL, RECORDED 4/18/2013 12:19 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 28, 2013, 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: That Yanelis Gil 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4865 46th Street N.E., Naples, Florida 34120, Folio 39029080001, more particularly described as the South 75 feet of Tract 96, GOLDEN GATE ESTATES, UNIT 45, a subdivision according to the plat thereof recorded at Plat Book 7, Page 30, of 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: An incomplete unpermitted addition to the rear of the home. 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 obtaining all required Collier County Building Permits or Demolition Permit, inspection, and Certificate of Completion/Occupancy within 180 days (September 24, 2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 24, 2013, then there will be a fine of $150 per day for each day until the violation is abated. 3. That the Respondent is 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 Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance 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 Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.00 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 A day of 2013 at Collier County, Florida. CODE ENFORCEMENT BOARD,., COLLIER COUNTY, FLORIDA/"' LORA /' BY: 06ratd Lefebv &, Vice Qhair 2800 North Horseshoe lbrive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ff day of 2013, by Gerald Lefebvre, Vice Chair ofth�'e Code Enforcement Board of Collier County, Florida, who is personally known to me or ,/ who has produced a�kerida Drivers bicense as identification. KAREN G BAILEY `" `"t MY COMMISSION # EE875121 NOTARY PUBLIC 'o::� ,,, , EXPIRES February 14, 2017 My commission expires: 107) i9&8153 PswideNmrySe dce.wm RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thi ODDER has been sent by U. S. Mail to Yanelis Gil, 4865 46" Street N.E., Naples, FL 34120 this -4- day of n-t 2013. State of Florida County of COLLIER 1 o , Tl I ' =R2 ul ._ _ „.F Y r TIL,AT this is a true and 0r -ElCt ,) o in of Collier County a nd.ofii clal seal this 9WIGHT E. SROCX; CLERI< OF COURTS M. Jean wson, Esq. Flori ' ar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. GIL, YANELIS, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120010800 BEFORE ME, the undersigned authority, personally appeared Eric Short, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 28, 2013, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4909 PG 3201 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on September 25, 2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondents did not obtain all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 180 days (September 24, 2013) FURTHER AFFIANT SAYETH NOT. DATED this 25th day of September, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Uj W. Eric Shor. Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and5ubscribed diore me this day of �'� 2013. by Eric Short G (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � NEIL C. DAY `0 '0MMISSION # FF 048477 EIPIRES: August 26, 2017 e ;ed Thru Budget Notary services r) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20130003239 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PATRICIA B ANUCINSKI, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 204 BOB 0 LINK WAY, Unit:A SERVED: PATRICIA B ANUCINSKI Respondent Heinz Box, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239774 -8801); ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLEiN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencis sera conducida an at idioma Ingles. Servicios the traduccion no seran dispordbles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con lascomunicaciones de este evento. Por favor traiga su propio traductor. Avbtisman — Tout odisyon yo fit an angl9. Nou pan gin moun you fb tradiksyon. Si ou pa pale anglb tanpri vir i avbk yon intbprbt you pale you -ou. �� 3;4c -0 &663 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130003239 Board of County Commissioners vs. Patricia B. Anucinski, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 204 Bob O link Way, Unit A, Naples, FL; Folio 60931760006 Description: Remodeling condo to include electrical, plumbing, and enclosing of a lanai Past Order(s): On May 23, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4931 PAGE 1654, for more information. The property is in compliance with the Code Enforcement Board Orders as of October 14, 2013. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between September 21, 2013 and October 14, 2013 (24 days) for the total of $4,800.00. Previously assessed operational costs of $80.57 have been paid. Total Amount to date: $4,800.00 The county is recommending the full abatement of fines as the property is in compliance and all operational costs have been paid. pq�'� �e�v► c� ��3 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs ANUCINSKI, B PATRICIA, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20130003239 BEFORE ME, the undersigned authority, personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4931 PG 1654 , et. seq. 2. That the respondent did notcontact the investigator. 3. That are-inspection was performed on [10.14.13]. 4. That the re- inspections) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [abating violation as ordered by the board]. FURTHER AFFIANT SAYETH NOT. DATED this [14th] day of [October], 2013. COLLIER COUNTY, FLORIDA jCODE ENFORCIFMENT BOARD Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn (or affirmed) and subscribed before me this I��ay of �� 2013 by Heinz Box (Signature of Nota Public) NOTARY PUBLIC-STATE OF Fj,OVJDA Coj i oT 1 V.1:005769 •rr� , ; - ll °ll'� i ..U, 2014 (Print/Type /Stamp Commissioned Name of Notary Publi &),,,,,,.: � BONEDTHRUA'i�A :,t?C,. Personally known � COLLIER COUNTY CODE ENFORCEMENT BOARD ^ IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130003239 Board of County Commissioners vs. Patricia B. Anucinski, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 204 Bob O link Way, Unit A, Naples, FL; Folio 60931760006 Description: Remodeling condo to include electrical, plumbing, and enclosing of a lanai Past Order(s): On May 23, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4931 PAGE 1654, for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between September 21, 2013 and October 24, 2013 (34 days) for the total of $6,800.00. Fines continue to accrue. Previously assessed operational costs of $80.57 have not been paid. Total Amount to date: $6,880.57 INSTR 4851520 OR 4931 PG 1654 RECORDED 6/11/2013 10:24 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. PATRICIA B. ANUCINSKI, Respondent CASE NO.: CESD20130003239 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 23, 2013, 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: That Patricia B. Anucinski 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, did not appear at the public hearing but entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 204 Bob 0 Link Way, Unit A., Naples, Florida 34105, Folio 60931760006, more particularly described as Unit 204 -A, NAPLES BATH AND TENNIS CLUB, a condominium, according to the Declaration of Condominium thereof, as recorded in official Records Book 673, Pages 731 through 783, inclusive, of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) in the following particulars: Remodeling condo to include electrical, plumbing and enclosing of a lanai without first obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, 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, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) be corrected in the following manner: L By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (September 20, 2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 20, 2013, then there will be a fine of $200.00 per day for each day until the violation is abated. 3. That the Respondent is 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 Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is 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 —�— day of Iri , 2013 at Collier County, Florida. : em ffem TIM] 2800 rtfi Ho se oe Drive Nap' ,(1 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ^ The foregoing instrument was acknowledged before me this __;_day of 201 ; by Robert Kaufman, Chair of the Code Enforcement Board of Collier ounty, Florida, who is personally known to me or who ha4roduced 4- ln�ida Driver's License as identification. NOTXTY— PUBLIC" , ' KAREN G BAILEY My commission expires. _ MY COMMISSION # EE875121 '•,t,,a ,.� EXPIRES February 14, 2017 CERTIFICATE OF SERVICE I t or) 798 -075I FkwW8N0taryro&vbe.com 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been se t by U. S. Mail to Patricia B. Anucinski, 204 Bob O Link Way, Unit A., Naples, Florida 34105 this � day of �.'J)t ' , 2013. State of Florida County of COLLIER I HcEEr l' CEO i IF `TKJ^T this is a true and correct c p.✓ •f a . cuniE, r on fil in Beard [Vii ncles a,-J'Re -corE:s of 'County W4 TI,IESS my hoed 211d' fii a` 22 this of ^ P I VIGHT ' -E.. BROCK `CLERK OF COURTS M� M. Je wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20130003239 Patricia B. Anucinski, Respondent(s), STIPULATION /AGREEMENT COMES NOW the undersigned�Agrement n behalf of himself orb a 4ative for Respondent and enters into this Stipulation and with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130003239 dated the 4th day of April, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 23`d, 2013, to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are of Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition r1 Permit, Inspections, and Certificate of Completion /Occupancy within 120 days of this hearing or a fine of eviceper day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) -4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or REpre entedive (sign) P /AMtJe- C'. /iVc., E L5 Respondent or Representative (print) Date fi Dian. Flag g,'Di rector "�' Cd'- Enforcement Department Date REV 1/2/13 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. ANUCINSKI, B PATRICIA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20130003239 BEFORE ME, the undersigned authority, personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to [abate violations] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4931 PG 1654 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on [9.23.13]. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [ as stated in original order] FURTHER AFFIANT SAYETH NOT. DATED this [23] day of [September], 2013. COLLIER COUNTY, FLORIDA CODE ENFOR NT BOARD Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER l��'h Sworn to (or affirmed) and subscribed before me thi ' day of 2013 by Heinz Box (Signature of Notary Public) ')1!_,j" jIv'I'd LC[ Q110fl (Print/Type /Stamp Commissioned Name of Notary Public) 6cic0 JT;(' r Personally known T Q2IU a :�rZ01u CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120016883 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSE & SARA LOPEZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 5323 Georgia AVE SERVED: JOSE & SARA LOPEZ, Respondent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9 :00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fib tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -ou. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120016883 Board of County Commissioners vs. Jose and Sara Lopez, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a). Location: 5323 Georgia Ave, Naples, FL 34113; Folio 62093360009 Description: Screen porch at front of property, covered porch at rear of property, and detached structure(s) /shed(s) in rear yard of property, all built without applicable Collier County permits. Past Order(s): On April 25, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4917 PAGE 3062, for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $150.00 per day for the period between September 23, 201' ) and October 24, 2013 (32 days) for the total of $4,800.00. Fines continue to accrue. Previously assessed operational costs of $80.86 have been paid. Total Amount to date: $4, 800.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20120016883 vs. INSTR 4835691 OR 4917 PG 3062 JOSE AND SARA LOPEZ, RECORDED 5/8/2013 12:34 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondents REC $18.50 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 25, 2013, 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: That Jose and Sara Lopez 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. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5323 Georgia Avenue, Naples, Florida 34113, Folio 62093360009, more particularly described as Lot 15, Block 5, Naples Manor Addition, according to the Plat thereof, recorded in Plat Book 3, Pages 67 and 68, of 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: Screen porch at front of property, covered porch at rear of property and detached structure(s) /shed(s) in rear yard of property, all built without applicable Collier County 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 obtaining all required Collier County Building Permits or Demolition Permit, inspection, and Certificate of Completion /Occupancy within 150 days (September 22, 2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 22, 2013, then there will be a fine of $150.00 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 using any method to bring the violation into compliance 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 $80.86 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 day of 1 2013 at Collier County, Florida. CODE ENFORGEMENT BOARD COLLIER COUNTY, FLORID ,2800 North Horseshoe Drive Naples, Florida.34104 STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this � day of 201�344.y Robert Kaufman, Chair of the Code Enforcement Board of Collier Coun ', Florida, who is 'y personally known to me or who has produced a F3er4a Driver,'s License as identification. +►"'' KAREN G BAILEY NOTARY PUBLIC a� '• ! %►;�• •C '- MY COMMISSION # EE875121 My commission expires: ires: EXPIRES February 14, 2017 �' • 3 Fbri4nNOtn Sarvl a.wm ERTIFICATE OF SERVICE 101) X98.015 I HEREBY CERTIFY that a true and correct copy of this ORDER, . has been sent by U. S. Mail to Jose and Sara Lopez, 5233 Georgia Avenue, Naples, FL 34113 this day of 2013. M. Jea ,kawson, Esq. Florida Bar No. 750311 State of Flo;-Ida Attorney for the Code Enforcement Board County of COLLIER_.:•..,.... 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 1 HEREBY GcP��I iNTTthis, r�2 true and (239) 263 -8206 correct coc± rG u e ;t c .fif? in Board and Fe cads of toili6r County WITNESS -n`� 5anJ. i,ad oT ic�.1 sea' 11`ls day /l COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD I.-IN CEB CASE NO.CESD20120016883 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Jose and Sarah Lopez, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared James Kincaid, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 25, 2013, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violation(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3062 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on September 23, 2013. n 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtaining all required Collier County Building Permits or Demolition Permit, inspection, and Certificate of Completion /Occupancy within 150 days (September 22, 2013) FURTHER AFFIANT SAYETH NOT. DATED this 27th day of September, 2013 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Kincaid Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ^^�� Sworn to (or affirmed) and subscribed before me this��day ofRpr 2013 oy TIN/W3 k A cA-,'O ( ignature of Not Public) (Print/Type /Stamp Commissioned Name of Notary Public) BOPIDED Tgldi A'i P:Y1! R y:40i`,G C0..INC. rsonally known REV 1/2/13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. PAULA MENDOZA, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20120008638 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2918 Immokalee DR SERVED: PAULA MENDOZA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON VVITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE NOTIFICACION: Este audiencia sera conducide an el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor. Para un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret you pale you -0u. Vj 5 cc,/ pt C 0 A 'OP e, o/,v -71 'e- 0 chi Ckl k-7 ),,-, 6 s a's )/) 0-- CL CL t" cz �oe r o 0 CL 0// 6 q �`' U k4 OL Of- Ick 0/9 9'e � -a �- ledes 5-10 �-i2p/z 5 / L" 04 q- M c)C) 0 9U-61K 10 -23 -13 Parton me I have been calling to ask for more time but I was not able to communicate with anyone. I am asking you for 6 months more to see if I can do something. Look this is nothing important but I got sick and no one could do anything for me. I had surgery and two accidents and I'm going to therapy. If you could help me. Thank you. Paula Mendoza CE Please Note: Code Enforcement Staff member Cristina Perez, translated from Ms. Mendoza's original letter written in Spanish. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120008638 Board of County Commissioners vs. Paula Mendoza, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a). Location: 2918 Immokalee DR, Immokalee, FL 34142; Folio 00082961866 Description: An expired permit with no inspections done on the installation of the mobile home and a metal type stand alone carport installed without first obtaining the authorization of the required permit, inspections, and certificate of occupancy as required by the Collier County Land Development Code. Past Order(s): On April 25, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4917 PAGE 2998, for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the followin : Order Item # 1 & 2 Fines at a rate of $250.00 per day for the period between June 25, 2013 and October 24, 2013 (122 days) for the total of $30.500.00. Fines continue to accrue. Previously assessed operational costs of $80.57 have been paid. Total Amount to date: $30, 500.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. PAULA MENDOZA, Respondent CASE NO.: CESD20120008638 INSTR 4835671 OR 4917 PG 2998 RECORDED 5/8/2013 12:34 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $44.00 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 25, 2013, 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: That Paula Mendoza is the owner of the subject property. n 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 in person and entered into a Stipulation. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2918 Immokalee Drive, Immokalee, FL 34142, Folio 00082961866, more particularly described as (see attached legal), is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) in the following particulars: An expired permit with no inspections done on the installation of the mobile home and a metal type stand alone carport installed without first obtaining the authorization of the required permit, inspections and certificate of occupancy as required by the Collier County Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, 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, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days (June 24, 2013). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by June 24, 2013, then there will be a fine of $250.00 per day for each day until the violation is abated. 3. That the Respondent is 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 Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance 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 Respondent is 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 day of , 2013 at Collier County, Florida. I� CODE ENFORCEMENT BOARD COLLIER COUNTY- FLORIDA B.Y • Robert Kaufman, Chair i2800'North Hors6sioe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this i day of 2013, � Robert Kaufman, Chair of the Code Enforcement Board of Collier Coun*) Florida, who is I personally known to me or who has pi`oduced a Jorida Driver's License as identification. KAREN G BAILEY (i e MY COMMISSION # EEB75121 NOTARY PUBLIC EXPIRES February 14, 2017 My commission expires: 1407 39641 S9 FlondallotarvSe vlce,com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has f een sent by U. S. Mail to Paula Mendoza, 2918 Immokalee Drive, lmmokalee, Florida 34142 this { day of E - — .2013. State of Florida County of COLLIER I HEP,EBY CERTIFY THAT this is a true and correct copy do rt file in Board rvl�ltrtt?s Eari`,sl �dfier Count WII�TNEnSS3ni �5 aid� la,al this `d f E DW T `",,rtERK OF M. Jea"awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ^ Petitioner, vs. Case No. CESD20120008638 Paula Mendoza Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Paula Mendoza, on behalf of herself Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120008638 dated the 3rd day of October, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a: hearing is currently scheduled for April 25, 2013; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ TD 5-7 Incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within /,v days of this hearing or a fine of $250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the propertv owner. Respondent or Representative (sign) •�la -�o- Respondent or Representative (print) /- 0�- 6 -- © /y Date Diane Flagg, Director Code Enforcement Department Date REV 1/2/13 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. MENDOZA, PAULA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120008638 BEFORE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after- being fully sworn, deposes and says: 1. That on April 25, 2013, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion /occupancy within 60 days (June 24, 2013) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 2998. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on June 25, 2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Failed to apply for and obtain a Collier County Building Permit or Demoliton Permit through required inspection and certificate of completion /occupancy within 60 days. (June 24, 2013 ). FURTHER AFFIANT SAYETH NOT. DATED this 16 day September of, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD �'' r Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this jjj day of Signature of oiary Public ."• . "4b SHFLEYGARCIA f * * MY COMMISSION 0 DD 943880 Nr EXPIRES: December 21, 2013 (Print/Type /Scamp Conuiiiss`iVned Name of Notary Public) Personally I:nown -\i �111 2013 by Maria Rodriguez CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. KIRK N SANDERS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20100007042 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 10 -04, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/24/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2280 Pineland AVE Unit:1 Naples, FL SERVED: KIRK N SANDERS, Respondent Arthur Ford, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 10 -04 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Teresa Tooley COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE NOTIFICACION: Este audiencia sera conducida an at idioma Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sere responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you f8 tradiksyon. Si ou pa pale angle tanpd vini avek yon intepret you pale you -ou, COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100007042 Board of County Commissioners vs. Kirk N. Sanders, Respondent(s) Violation(s): Florida Building Code, 2007 Edition, Chapter 1, Section 105. 1, Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 2.02.03. Location: 2280 Pineland AVE, Naples, FL 34112; Folio 56150200005 and 56150520002 Description: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's, and living space below flood level with electrical and plumbing without first obtaining all required building permits. Past Order(s): On July 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4825 PAGE 910, for more information. The property is not in compliance with the Code Enforcement Board Orders as of October 24, 2013. The Fines and Costs to date are described as the following: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between November 24, 2012 and October 24, 2013 (335 days) for the total of $67,000.00. Fines continue to accrue. Previously assessed operational costs of $81.43 have not been paid. Total Amount to date: $67, 081.43 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KIRK N. SANDERS, Respondent CASE NO.: CESD20100007042 INSTR 4593897 OR 4708 PG 1545 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 28, 2011, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIES the said Motion to Continue. 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 Respondent's Motion for Continuance is DENIED. 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 2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ,` >oumy, of COLLIER - Y y "r i }SERE ^1` tzRlh ". KAti6fs is a two fqD ' or ; l tst fl =3iiE< (R }+ F`I il3itl �6 tl ' >i * N5 otCas.lier Count' r5 ± up �3r0- 4if!^iak-seal this NE # {? �CLER" CC7U RTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ,:Q day of 2011, by Kenneth Kelly, Chair of the Code Enforcement Board of Collier County, Florida, who is 6�_ personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE =.spa W', State of Florida , NOTARY PUBLIC Notary Public ` ; e My Comm. Expires Jun 18, 2015 My commission expires: a`a Commission # EE 87272 FOP„ Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Kirk A. Sanders, P. O, Box 2481, Naples, Florida 34106 this day of 2011. r i 7i. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 2375 N. Tamiami Trail, Ste. 208 Naples, Florida 34103 (239) 263 -8206 INSTR 4593905 OR 4708 PG 1561 RECORDED 8/5/2011 3:04 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA n. REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KIRK N. SANDERS, Respondent CASE NO.: CESD20100007042 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 28, 2011, 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: That Kirk N. Sanders is the owner of the subject property. n 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, failed to appear 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 2280 Pineland Avenue, Naples, Florida, Folio 56150200005 and 56150520002, more particularly described as Lots 9, 26, 27, 28 and the North 28 feet of Lot 8, Block A, Los Pinos Subdivision, as recorded in Plat Book 1, Page 46, of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections I 0.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 2.02.03 in the following particulars: Approximately 12 -13 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's and living space below flood level with electrical and plumbing without first obtaining all required building 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 Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 2.02.03 be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days (August 27, 2011). 2. By removing from the property any extra mobile homes other than that which was approved in 1975 for the legal non - conforming status, including the recreational vehicle within 30 days (August 27, 2011). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 27, 2011, then there will be a fine of $250 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by August 27, 2011, then there will be a fine of $250 per day for each day until the violation is abated. 5. That the Respondent is 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. 6. That 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 and all costs of abatement shall be assessed to the property owner. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $81.72 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 - ,,, day of i y , 2011 at Collier County, Florida. ` CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 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 day of 2011, 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. .,,,,,,, KRISTINE TWENTE F : ` Notary Public State of Florida NOTARY PUBLIC •: My Comm. Expires Jun 18, 2015 M commission expires: ' •.,,,,,,� BondedrThrough Natio al Notary Assn. y of ft ;,,',` ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Kirk A. Sanders, P. O. Box 2481, Naples, Florida 34106 this. ,''day of 2011. JearR o Esq. :aunty of COLLILH Flori& Bar No. 750311 �, 7 *{ Attorney for the Code Enforcement Board HERE" -M_ TF � 'Y T`F�'A7 ts,� a tea st1 2375 N. Tamiami Trail, Ste. 208 rrecl `.cc�r at a aactEC�1e.►:n'tie ;?tt Naples, Florida 34103 oar�i ?u irEV�t s lr�tl Recii�+ 3�f C DFtier Cout (239) 263 -8206 `aiT+^� rriv rtaM 2 'ffl�bal;se2tt this 3W1GHT F,. ' s CLW QF C0U 5 �6 UL �, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. KIRK N. SANDERS, Respondent CASE NO.: CESD20100007042 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26, 2012, 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: That Kirk N. Sanders is the owner of the subject property. n 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 in person and by counsel, James Boatman, Esq. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2280 Pineland Avenue, Naples, Florida 34112, Folios 56150200005 and 56150520002, more particularly described as Lots 9, 26, 27, 28 and the North 28 feet of Lot 8, Block A, Los Pinos Subdivision, as recorded in Plat Book 1, Page 46, of the Public Records of Collier County, Florida is in violation of Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 2.02.03 in the following particulars: Approximately 12 mobile homes were installed with several additions added to the mobile homes consisting of carports, screen porches, roof over's and living space below flood level with electrical and plumbing without first obtaining all required building 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 Florida Building Code, 2007 Edition, Chapter 1, Permits, Section 105.1 and Ordinance 04 -41, as amended, the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i) and 2.02.03 be corrected in the following manner: INSTR 4727338 OR 4825 PG 910 RECORDED 8/10/2012 11:56 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 L By obtaining any and all required Collier County Building Permits or Demolition Permits through required inspection and certificate of completion/occupancy within 120 days (November 23, 2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by November 23, 2012, then there will be a fine of $200 per day for each day until the violation is abated. 3. That the Respondent is 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 Respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of $81.43 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 � day of 2012 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ll 'NFORCE NT BOARD LI ;� FLORIDA abet u an, C air 2800 N rth r oe Drive Naples, a 34104 The foregoing instrument was acknowledged before me this jgyl'day of 2012 bb3_- Robert Kaufman, Chair of the Code Enforcement Board of Collier CountA Florida, who is personally known to me or who has produced a Florida Driver's License as identification. os av Pie K i INE D87272 NOTARY PUBLIC «�= Notary Puui c - da My Comm. Expir15 My commission expires: ° Commission °;gip'` ERTIFICATE OF SERVICE Bonded Through Nassn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Kirk N. Sanders, P.O. Box 2481, Naples, Florida 34106 and to James Boatman, Esq., 1415 Panther Lane, Ste. 340, Naples, Florida 34109 this r 'day of 2012. �a8+� a: F u *[" :aunty of COLUEN d-1 -1 M. Jean Rawson, Esq. Florida Bar No. 750311 i HEREBY CERTIFY THAT tW 6 • tft WA Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 ;arr8ct copy -,at= 8 OM 8M oh AN Mt Naples, Florida 34102 30ard M,lriutes'and- Recoros Of CAiliirilll* "IT ntv ha a end mod obb (239) 263 -8206 -)WIG E 6Rt3G&it* OF CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. KIRK N. SANDERS, Respondent CASE NO.: CESD20100007042 INSTR 4775392 OR 4865 PG 2609 RECORDED 12/17/2012 11:05 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION FOR RE- HEARING THIS CAUSE came on for public hearing before the Board on August 23, 2012, on the Respondent's Motion for Rehearing. The Board now makes the following Findings of Fact: The Order of the CEB did not involve a decision that was contrary to the evidence or an error on a ruling of law, which error was fundamental to the CEB's decision. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: The Motion for Re- Hearing is DENIED. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order, DONE AND ORDERED this day of > ( 2012 at Collier County, Florida. b1ta* at I HEREBY CERTIFY THAT *A 10 mow,; 7 :orrect coDY at a nacum> nt on'! ;card Minutes and ROWOZ-OCOWCOW R*S my ti O` and O Cis _(bay at GHT E. BRKA, ,CLM OF orth Horseshoe Florida 34104, BOARD STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this '�� day of , 2012, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a Florida Driver's License as identification. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Kirk A. Sanders, P. O. Box 2481, Naples, Florida 34106 this (-p- day of Qj -- , 2012. M. Jean Raw$ n, Esq. Florida Bar ilo. 750311 Attorney for the Code Enforcement Board 681 N. Goodlette Rd., Ste. 210 Naples, Florida 34102 (239) 263 -8206 ...... KRISTINE TWENTE Notary Public - State of Florida 2015 _ ; •c My Comm. Expires Jun 18, �• `or: Commission # EE 87272 Bonded Through National Notary Assn. 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 Kirk A. Sanders, P. O. Box 2481, Naples, Florida 34106 this (-p- day of Qj -- , 2012. M. Jean Raw$ n, Esq. Florida Bar ilo. 750311 Attorney for the Code Enforcement Board 681 N. Goodlette Rd., Ste. 210 Naples, Florida 34102 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,--."COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Kirk N. Sanders, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.CESD20100007042 BEFORE ME, the undersigned authority, personally appeared Azure Botts, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 28`h, 2011, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4708 PG 1561. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on August 290', 2011. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: apply for and obtain a Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 30 days and by removing from the property any extra mobile homes other than that which was approved in 1975 for the legal non - conforming status, including the recreational vehicle within 30 days FURTHER AFFIANT SAYETH NOT. DATED this 8h day of September, 2011. COLLIER COUNTY, FLORIDA CQUE ENFORCEMENT BOARD Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER w to (or aff ed and subscribed before me this 8t1 day of September 2011 by Azure Botts. ( ignature of Notary Pub ic) (Print/Type /Stamp Commissioned Name of Notary Public) .,---Personally known q REV 1/5/11 NOTARY PL`P,i.l- r't.�TE OF FLORIDA C:u:i':e_n_ Davidson cm iss;o,; #DD998206 J'. -TNE 07, 2014 BONDEDTHRI- ;L',1�GCO.,INC.