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CEB Backup 11/22/2013 CODE ENFORCEMENT BOARD Backup November 22 , 2013 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: November 22, 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. October 24, 2013 Hearing 5. PUBLIC HEARINGSIMOTIONS A. MOTIONS Motion for Continuance Lionel L' Esperance Tony Marino Larry Mieszcak Robert Ashton Motion for Extension of Time 1. GERI BRADLEY 2. FRANCISCO & OLGA DOMINGUEZ 3. SERAFIN ORDAZ HERNANDEZ & SARA DE LA ROSA 4. WILKERT & FIDELENE EUGENE 5. MARGARITA MALDONANDO & RITA G VEGA 6. KORESH PROPERTIES LLC 7. KORESH PROPERTIES LLC 8. KORESH PROPERTIES LLC 9. KORESH PROPERTIES LLC 10. KORESH PROPERTIES LLC 11. KORESH PROPERTIES LLC B. STIPULATIONS CESD20120015571 CESD20120010474 CESD20120002127 CESD20120003 854 CESD20110017799 CENA20120017641 CENA20120017644 CENA20120012782 CENA20120017639 CENA20120017643 CENA20120017642 C. HEARINGS CASE NO: CESD20130003648 OWNER: JOSE EMILIO MORALES OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION(S) 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e)(i). UNPERMITTED ELECTRIC, PLUMBING AND FOLIO NO: ALTERATIONS THROUGHOUT MAIN STRUCTURE. UNPERMITTED SHED WITH VIOLATION UNPERMITTED ELECTRIC AND PLUMBING FOLIO NO: 40183520001 VIOLATION COUNTY LAND DEVELOPMENT CODE. ALSO, A REAR ADDITION WAS PERMITTED, ADDRESS: 3745 RANDALL BLVD NAPLES, FL 34120 CASE NO: CESD20120002477 OWNER: JOSE MARTINEZ OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). AN UNPERMITTED ADDITION ATTACHED TO THE REAR ADDITION FOLIO NO: AND AN UNPERMITTED SHED BUILT WITHOUT FIRST OBTAINING THE VIOLATION AUTHORIZATION OF THE REQUIRED PERMIT(S), INSPECTIONS AND FOLIO NO: CERTIFICATE(S) OF OCCUPANCY /COMPLETION AS REQUIRED BY THE COLLIER VIOLATION COUNTY LAND DEVELOPMENT CODE. ALSO, A REAR ADDITION WAS PERMITTED, ADDRESS: BUT PERMIT HAS EXPIRED PERMIT NUMBER 960014426, WITHOUT THE REQUIRED INSPECTIONS AND CERTIFICATE(S) OF OCCUPANCY FOLIO NO: 35540040003 VIOLATION ADDRESS: 1155 W. MAIN ST., IMMOKALEE, FL. 34142 CASE NO: CEPM20130012095 OWNER: TRYON L. LIPPINCOTT OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS, ARTICLE VI PROPERTY MAINTENANCE CODE, SECTION FOLIO NO: 22 -231 (12)(c), SECTION 22 -242. DWELLING IS UNSECURE CREATING A NUISANCE VIOLATION AND ROOF SOFFIT IS IN DISREPAIR FOLIO NO: 35648080004 VIOLATION ADDRESS: 4390 23RD PLACE SW NAPLES, FL 34116 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: CESD20130005435 OWNER: PNC BANK NA OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(e)(i). GARAGE CONVERSION DOES NOT HAVE PERMIT. FOLIO NO: 37751040007 VIOLATION ADDRESS: 1861 8TH ST NE, NAPLES, FL 34120 CASE NO: CESD20120006666 OWNER: REAL EST HOLDINGS OF TIENDA MEXICANA INC OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (13)(1)(a). A SCREEN ENCLOSURE WITH A SINK, OPEN FREEZERS WITH ELECTRIC AND UPRIGHT DOOR REFRIGERATION COOLERS WITH ELECTRIC AND A COUNTER SPACE ATTACHED TO THE OFFICE ALL INSTALLED WITHOUT FIRST FOLIO NO: OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S), INSPECTIONS VIOLATION AND CERTIFICATE(S) OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY ADDRESS: LAND DEVELOPMENT CODE. ALSO (4) EXPIREED PERMITS 2011020704, 2011020699, ADDRESS: 204110460,920013727 FOLIO NO: 00131360004 VIOLATION ADDRESS: 217 N 15TH ST, IMMOKALEE, FL 34142 CASE NO: CEPM20130011083 OWNER: JUAN HERNANDEZ & ADRIANNA GARCIA OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, BUILDINGS AND BUILDING REGULATIONS, PROPERTY MAINTENANCE CODE. ARTICLE VI, CHAPTER 22, SECTIONS 22 -242, 22- 241(1), AND 22- 231(12)(1). THE HOME IS VACANT AND UNSECURED WITH A LARGE HOLE IN THE WALL. FOLIO NO: 37060160005 VIOLATION 32483160001 ADDRESS: 1521 GOLDEN GATE BLVD W., NAPLES, FL 34120 CASE NO: CESD20130001772 OWNER: LJUBINKA PAVICEVIC OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS. COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). GARAGE CONVERSION WITHOUT COLLIER COUNTY PERMITS, AND PERMIT 2004121935 FOR DOUBLE DOORS AT REAR OF STRUCTURE WITHOUT CERTIFICATE OF FOLIO NO: COMPLETION/OCCUPANCY FOLIO NO: 32483160001 VIOLATION 431 12TH AVE NW, NAPLES, FL., 34120 ADDRESS: 4638 ROBIN AVE, NAPLES, FL 34104 CASE NO: CESD20120015193 OWNER: MARK & ANN SHORES OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06(B)(1)(a). INTERIOR AND EXTERIOR MODIFICATIONS TO THE HOME WITHOUT FIRST OBTAINING ALL REQUIRED COLLIER COUNTY BUILDING PERMITS, INSPECTIONS, AND A CERTIFICATE OF COMPLETION /OCCUPANCY. FOLIO NO: 37544720000 VIOLATION ADDRESS: 431 12TH AVE NW, NAPLES, FL., 34120 4 CASE NO: CESD20130008411 OWNER: CHARLES H. FREEMAN OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04 -41, AS AMENDED, SECTION 10.02.06 (13)(1)(a). DETACHED GARAGE WITH PARTIAL COMPLETION HAS CANCELLED PERMIT FOLIO NO: 37641240001 ADDRESS: 2860 8TH ST NW, NAPLES, FL 34120 B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 7. NEW BUSINESS S. 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_- January 23, 2014 12. ADJOURN TooleyTeresa From: Mark Shores [MShores @marzuccosconstruction.com] Sent: Thursday, November 21, 2013 1:51 PM To: TooleyTeresa Cc: AmbachChristopher Subject: RE: Time extension request for CESD20120015193 Teresa, I am sending you this e-mail in regards to my case with collier county code enforcement. I do apologize for not being able to make the hearing but it is due to circumstances out of my control. I am once again asking for an extension to the end of January 2014. Just as in the past it all comes'down to finances, I have four children, my wife is unemployed, and I do not receive any government help accept medical for the 4 year old. So as you can imagine there is never anything left at the end of the week and it seems as though whenever I get some extra work there is some other financial burden that needs to be met. Last quarter it was a $1400.00 vehicle repair and this quarter we have been riddled with medical expenses I am not telling you all this for sympathy ratherjust trying to explain the request for extension, you all, including Chris Ambach have been very patient in waiting for my compliance. I have made it to the next step of pictures and an on -site visit with my engineer but still need to come up with another $700.00 to get it submitted to the county. It has been brought to my attention that Christmas bonuses at my place of employment are going to be very generous and it is my plan that the county get taken care of first and foremost. I am also in the process of working with my bank to try and secure a line of credit for home repairs. Thank you for your consideration. Best Regards, Marls Mark Shores Marzucco's Painting, Inc. d /b /a Marzucco's Construction Services Patriot Restoration, Inc. www.marzuccosconstruction.com mshores(& Patriotrestor. com OFFICE: 239.455.7242 OFFICE: 239.417.8300 24/7 CELL: 239.250.9237 From: TooleyTeresa [ mailto :TeresaTooley(�)colliergov.net] Sent: Thursday, November 21, 2013 11:21 AM To: Mark Shores Subject: Time extension request for CESD20120015193 Hello Mr. Shores, We spoke earlier today in regards to Code Enforcement case CESD20120015193 for your property located at 431 12th AVE NW. Since you will not be in compliance prior to the next scheduled hearing date of 11.22.2013 you may submit a written request for a time extension. Please provide in your letter the amount of time that you are requesting an extension for and the reason(s) why you will need a time extension. For specific information on achieving case compliance please contact your case investigator Christopher Ambach at 239 - 252 -2446. You may submit a hand written, typed, or emailed request to me at: TeresaTooley(a,Colliergov. net Teresa Tooley Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 Please do not hesitate to contact me if you have any further questions regarding this matter. Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaToolea(a�Colliergov. net Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120015671 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Geri Bradley, 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: 11/22/2013 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: 5220 40th ST NE SERVED: Bradley, Geri, Respondent r Ralph Bosa, 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 WTH 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 1001,11, 34112 (239)774 -6800; 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 audiencla y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaclones 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. TooleyTeresa From: BosaRalph ,-"gent: Monday, October 21, 2013 2:29 PM o: TooleyTeresa Subject: Fwd: 5220 40 st ne Follow Up Flag: Follow up Flag Status: Flagged FYI. Thanks. Sent from my iPhone Begin forwarded message: From: "mMgpi83Qyahoo.com" <magpi83Qyahoo.com> Date: October 21, 2013, 1:39:14 PM EDT To: BosaRalph <Ral hp Bosa(a collier ov.net> Subject: Re: 5220 40 st ne Ralph, I just spoke Eric this morning. He wanted me to e -mail the letter of progress with the property. My apologies, but we are confused. Can we be admitted into the hearing tomorrow being that today is the 21 st? Geri left a message for Teresa. I did contact Eric last month about the hearing date, but just heard back from him this morning. I left another voicemail for Eric at 1:30 for ^ clarification. Please clarify the steps we need to pursue. Thank you, Mark & Geri Sent from my iPhone On Oct 21, 2013, at 12:43 PM, BosaRalph <RalphBosa(2Dcollier ov.net> wrote: Good Morning, I am currently assigned as a Supervisor to the area of the Estates. I am in receipt of your request for an extension of time. This request must have to been made to The Code Enforcement Board prior to your compliance date of October 22 "d. You can still request an extension, but it would have to be at the next hearing for the Imposition of Fines. Please contact Teresa Tooley(teresatooley@)colliergov.net #252 - 5892), who handles CEB cases. She can provide more information on how to go about getting an extension. If you need anything else please let me know. Thanks. Ralph Bosa District Supervisor Collier County Code Enforcement Growth Management Division n 2800 N. Horseshoe Dr. Naples, FI 34104 (239) 252 -2436 From: Letourneau3effrey Sent: Monday, October 21, 2013 11:21 AM To: Eric Short; BosaRalph Subject: RE: 5220 40 st ne They need to request this at a hearing. Case #CESD20120015571. Jeff Letourneau Investigative Supervisor East Naples Collier County Code Enforcement 239- 252 -2341 From: Eric Short Sent: Monday, October 21, 2013 11:15 AM To: Letourneauleffrey Subject: Fwd: 5220 40 st ne W. Eric Short Investigator Collier County Government Growth Management Division 2800 N. Horseshoe Dr. Naples, FL 34104 239- 252 -5732 ericshortQcolliergov.net Mission Statement: "To protect the health, safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance" Sent from my iPhone Begin forwarded message: From: Magnum Pi <magpi832yahoo.com> Date: October 21, 2013 at 10:57:18 AM EDT To: Eric Short <EricShortQcolliergov.net> Subject: 5220 40 st ne Eric, We will need a 1 year extension to complete the property located at 5220 40th st ne. Due to materials having to be special ordered, I really want to play it safe and ask for another year. For example, my windows are finally coming in after 2 months. Originally, they were supposed to be 4 weeks. We have already had the following inspections: 1.) Truss /decking 2) In progress roof 2 The inspections we will be scheduling in the next 2 weeks will be: 1) Electric 2) Plumbing 3) Insulation 4) A/C - Hvac 5) Final roof Currently, I have B &W Paving Company, starting to grade the driveway for this Thursday. Hopefully, they will be ready for asphalt by the following Friday. If you need any more information from me, please let me know. Thank you, Mark & Geri Bradley (239)776 -0812 Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Insiead, contact this office by telephone or in writing. AO—N COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Geri Bradley, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120015571 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 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 granted an extension of time as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3014 2. That the respondent did .contact the investigator. 3. That a re- inspection was performed on October 23, 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 have not yet completed all required inspections and have not obtained a certificate of completion /occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and su " ribed before me thisday of l �' 20li by Eric Short �ot,,;Ly Pok" NEIL C. DAY (SignatureofN ryPublic) *MY COMMISSION #FFM77 EXPIRES: August 26, 2017 BondedTnru Budget Notary Servioes (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q INSTR 4796942 OR 4883 PG 3233 RECORDED 2/6 /2013 4:49 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA $18.50 DE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. RENE WILLIAM SHARPE, Respondent CASE NO.: CESD20120015571 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 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 Rene William Sharpe 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, failed to appear 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 5220 40"` Street N.E., Naples, FL 34120, Folio 39020880006, more particularly described as the South 75 feet of the North 150 feet of Tract Number 24, GOLDEN GATE ESTATES, UNIT 45, as recorded in Plat Book 7, Page 30, of the Public Records of Collier County, Florida, is in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: A partially constructed home without completed Collier County Building Permits, inspections, and Certificate of Completion/Occupancy. ORDER OF TEE 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, as amended, the Collier County Land Development Code, 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 through required inspection and certificate of completion/occupancy within 60 days (March 25, 2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 25, 2013, then there will be a fine of $300 per day for each day until the violation is abated. QO 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. k.- DONE DONE AND ORDERED this.3 day of� `,1 , 2013 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER CIGUNTYY FLORIDA 2§X North H oe Drive Naples, Flo 'da 34104 STATE OF FLORIDA ) }SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this �4 ' day of� .� 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who ` is'_ personally known to me or V- who has produced a Florida Driver's License as identification.` CHRISTINA L URBANOWSKI t , MY COMMISSION # EE 142130 NOTARY PUBLIC ._ EXPIRES: November 22,2015 My commission expires: od ' Bonded Thru Notary Public Undervrtiters .. - CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Rene William Sharpe, 5220 40a' Street N.E., Naples, Florida 34120 this day of , 2013. HEREBY ^ERTTYJHAT this % & "VO 6116 : orrect cor .r W, .� —ument on MG 3Cierr! rr ;- ,"4Anc.ite69sU ,pt COWer (oaft ESS,; rsartc _sr+o oficat .ss�l ltlie WIGHT::E -Blif MtWOF ,..4 .74. M. JeAg Rawson, Esq. Florida Bar No. 750311 Attomey for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. RENE WILLIAM SHARPE, Respondent CASE NO.: CESD20120015571 INSTR 4835675 OR 4917 PG 3014 RECORDED 5/8/2013 12:34 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on April 25, 2013, 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 for a period of 180 days (October 22, 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 { day of State of Florida County of COLLIER I HEREBY CEf? I ' T `f't,'��s'is a Prue and correct `66,py t'f a _documehf�"drin Boa ,;44e --.an ;tN W so ollt�r County `'ITt1ES�ry a�ta>d�i�ialalthts '} of� �.. `` -j', µ1J ` -�;• -. _ � r 201' ) at Collier County, Florida. iMENT BOARD TY, FLORIDA KOpert i�autman, u 2800 N6rth Horsesl Naples, Florida,341 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �1 r The foregoing instrument was acknowledged before me this � day of IL&I 20.13y y Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florid who is V personally known to me or who has produced a Florida Driver's License as identification. KAREN G BAILEY NOTAhY PUBLIC MY COMMISSION # EEB75121 My commission expires: '►� EXPIRES February 14, 2017 40t ]98.0153 Fbid9N0te 96,vke•wm CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this QRDER has e n sent by U. S. Mail to Rene William Sharpe, 5220 406' Street N.E., Naples, Florida 34120 this -L— day of ' %� �` , 2013. M. lJea�,Aawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 n n COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. SHARPE, RENE WILLIAM, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120015571 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: That on January 24, 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 the violation(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4883 PG 3233 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on March 26, 2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with any conditions of the Order. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of March, 2013. STATE OF FLORIDA COUNTY OF COLLIER or of Notary COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Z4-)- W. Eric Short Code Enforcement Official before me thi&� day of 2013 by Eric Short _" (Print/Type /Stamp Commissioned Name ofNotary Public) Personally known N1 NOTARYPUBLIGS )iTE r FLQRLDA. ice` �...1 -_ f,. . ^ rawley Coy_ ,,.:,�,� : EE129317 BOND EDTHRU�TLNTMBON' LN07CO3,INC CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120010474 COLLIER COUNTY, FLORIDA, Plaintiff, vs. FRANCISCO & OLGA DOMINGUEZ, 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: 11/22/2013 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: 2776 State ST SERVED: FRANCISCO & OLGA DOMINGUEZ, 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- 5892Telephone 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 NOTI FICACION: Este audiencia sera conducide 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 entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. y.� 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. �prY -;kr-s ( QQ eZ, IF-,rcxrn e, t s co .$ d 9 JACKIE WILLIAMS 611 Lake Shore Drive Immokalee, FL 34142 239- 657 -3293 Fax 239 - 657 -3135 Oct. 29, 2013 Collier Cjounty Code Enforcement Case NuMber 2012010474 C E,S D 2012 001 0 4 —1 4 1, Jackie Williams, contractor for Francisco Dominguez, Permit #20120714139, would like to extend the allowed time for 60 more days. Mr. Dominguez has had a problem getting his septic tank installed. I can't finish my work until it is completed. Thank you. G Jackie Williams BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Francisco Dominguez & Olga Dominguez Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Olga Dominguez, Agreement with Collier County as to the resolution CESD20120010474 dated the 26 day of July, 2012. Case No. CESD20120010474 on behalf of herself enters into this Stipulation and of Notices of Violation in reference (case) number 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 $80.N incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must Obtain all required Collier County Building Permits(s) or Demolition Permit, inspections, and Certificate of Completion /Occupancy within 180 days of this hearing or a fine $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 property owner. Respondent or Representative (sign) 400, Diane Flagg, Director Code Enforcement Department 0 ti0�,a- of r"'01 5JC�2i Respondent or Representative (print) Date On behalf of Francisco Dominguez � (0 -(,�) Date REV 1/2/13 n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. FRANCISCO DOMINGUEZ AND OLGA DOMINGUEZ, Respondents CASE NO.: CESD20120010474 INSTR 4835694 OR 4917 PG 3069 RECORDED 5/8/2013 12:34 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 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 Francisco Dominguez and Olga Dominguez 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 in person and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2776 State Street, Immokalee, Florida 34142, Folio 00067120004, more particularly described as the South 75 feet of the North 600.00 feet of the East 135.18 feet of the East quarter of the Southwest quarter of the Northwest quarter of Section 20, Township 46 South, Range 29 East, Collier County, Florida, also known as Lot 10, 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: A mobile home placed on a vacant lot 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, the Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) be corrected in the following manner: L By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy /completion within 180 days (October 22, 2013). n 2. That if the Respondents do not comply with paragraph I of the Order of the Board by October 22, 2013, then there will be a fine of $250 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 ��,} } , 2013 at Collier County, Florida. CODE BNEORCEMENT BOARD 2800/North Hcrrseslid_e,Drive Napes, Florida 34104 STATE OF FLORIDA ) )SS: n COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ! day of �ti1 2013�,1iy Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida who is y_ personally known to me or who has produced ida Driver's License as identification. Ask. KAREN G BAILEY r 4TA PU1B/ IC — MY J COMMISSION # EE875121 My commission expires: '.Z0F VF EXPIRES February 14, 2017 1407) ]9B -0153 FrondeNOta s.wra.eom CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. . Mail to F ncisco Dominguez and Olga Dominguez, 2776 State Street, Immokalee, Florida 34142 this day of 20I3. State of Florida.:-., County of COLLl,ER. I HERELYtFY SHAT tl',i is..a true and Correct= �Y•��f.�;d�c�i�tc��`iil�an ' .rra1 y-: d d an 4ffl(lal;spal thlsz OF �5 ra. 1 RTC H n ... � � �X� �" !jam � �%�.� -✓�_ M. Jban/l�,awson, Esq. Florida `Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120002127 COLLIER COUNTY, FLORIDA, Plaintiff, vs. SERAFIN ORDAZ HERNANDEZ & SARA DE LA ROSA , 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: 11/22/2013 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: 3200 Westclox ST n SERVED: SERAFIN ORDAZ HERNANDEZ & SARA DE LA ROSA, 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 origins' 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 audianda sera conducida an el idioma Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsible de proveer su propio traductor, pare un major entendimiento con las comunicadones de este evento. For favor traiga su propio traductor. Avatisman — Tout odisyon yo fat an angle. Nou pan gin moun you M tradiksyon. Si ou pa pale angle tanpri vini avak yon intaprat you pale you -ou. \ate. _� - fv-\ 5�- � w�\ A * ** OR 4917 PG 3043 * ** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Serafin Ordaz Hernandez & Sara De La Rosa Respondent(s), - Case No. CESD20120002127 STIPULATION /AGREEMENT COMES NOW, the undersigned, Serafin Ordaz Hernandez, on behalf of himself or Sara De La Rosa as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120002127 dated the 10th day of February, 2012. t- I� consideration of the disposition and resoiutio� r� )utlined in said Notice(s) of Violation for which a hearing is currently scheduled for April ?,5 2011.x'0 rc=e'iciency in the administration of the code enforcement process; and to obtain a quit expeditiou3'^r r `lien of the matters outlined therein the parties hereto agree as follows: �/C 1) The violations noted in the reference 'l"iee- Violation are ac rat and I stipulate to their existence. THEREFORE,, it is agreed between he es f a th s n e t Ill 1) Pay operational costs in the in ear `�Ition of this case within 30 days of this hearing. 7". 2) Abate all violations by: 0 t all required Collier u ty¢�ing Permit(s) Obtaining all required Collier County Building it(s) or Demolitio ' r it "-iytspections, and Certificate of Completion /Occupancy within 1 of this hearing e of $250.00 per day will be imposed until the violation is abate I 3) Respondent must notify Code Enforce i ht, r of abatement of the violation and request the Investigator perform a site inspection to con t compliance, t . (24 hours notice shall be by phone or fax and made during the workweek it the violation Is abated 24 hour; 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.) r 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 agreement and all costs of abatement shall be assessed to the property owner.' ._.... �. Respondent or Representative (sign) +: Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) bale Date On behalf of Sara De La Rosa REV 1/4/12 INSTR 4835685 OR 4917 PG 3041 RECORDED 5/8/2013 12:34 PM 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. SERAFIN ORDAZ HERNANDEZ AND SARA DE LA ROSA, Respondents CASE NO.: CESD20120002127 THIS CAUSE came on for public earirh b the aar it 25,2 13, ,d the Board, having heard testimony under oath, received ev'den �, and hear a ive to a 1 a ro late afters, thereupon issues its Findings of Fact, Conclusions of w,�a gr a e o Ilo�v I. That Serafin Ordaz Hetn ,d'.1 n l a o a e the wders subject property. f 2. That the Code Enforceme 7 rd has jurisdiction oft ' ers1n of respondents and that the Respondents, having been duly not rc peared at the public It in inbe%vn and entered into a Stipulation. 3. That the Respondents were no fft e date of hearin ted mail and by posting. 4. That the real property located at 3200 '�kalee, FL 34142, Folio 00070440001, more particularly described as the East 130 feet of the Sou + eet of the South '/2 of the Southwest '/. of the Southeast '/. of Section 30, Township 46 South, Range 29 East, 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) in the following particulars: New windows installed, new front door installed, an opening was created for the installation of new French doors, also a permitted door opening was boarded over, the soffit was replaced, plywood flooring replaced throughout the house and interior framing was removed and replaced with new 2 x 4s all without first obtaining the authorization of the required permits, 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: OR 4917 PG 3042 L By obtaining all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (October 22, 2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 22, 2013, then there will be a fine of $250.00 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 $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 A_ppegt call _t -stay the Board's Order. DONE AND ORDERED this "l North Nor P Flora I STATE OF FLORIDA } COUNTY OF COLLIER) 14 ' (J The for oin instrument was acknowl��1 ' b g gcct beore'me ' 2013 y Robert Kaufman, Chair of the Code Erif4rv�erti (Collier C personally known to me or who has pro uce a Florida Driver' lier County, Florida. BOARD Florida, who is KAREN G BAILEY NOTA Y PUBLIC MY COMMlSS10N # EE876121 EXPIRES February 14, 2017 My commission expires: 107 39b0153 FW&Nof! N-ViORAM CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.Mail to Serafin %H77 d Sara De La Rosa, 3200 Westclox Street, Immokalee, Florida 34142 this day of State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a'��cs�rmCOW.file in_ .. Board Prliraute�al .Re1�sq*_-to -Count 4 �M M. Jean wson, 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 CEB CASE NO. CESD20120002127 COLLIER COUNTY _ BOARD OF COUNTY COMMISSIONERS, Petitioner t v IlfRNANDEZ, SERAFIN ORDAZ SARA DE LA ROSA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE ATE OF FLORIDA )UNTY OF COLLIER FORE 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 180 days (October 22, t 2013) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3041. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on October 22, 2013. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in c mpliance with the following conditions: failed to obtain all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion /occupancy by October 22, 2013. F RTHER AFFIANT SAYETH NOT. DATED this 2' ) day of Octover, 2013 . COLLIER COUNTY, FLORIDA CODE ENFORCEMENTrBOARD Maria Rodriguez Code Enforcement Official [ATE OF FLORIDA UNTY OF COLLIER to (or affirmed) and subscribed before me this ;j day of pc_} -pjZ'.tj/ , 2013 by Maria Rodriguez �'f-inn�Qan Commissioned Name of Notary Public) Ily known � * M' FISSION I'EE 157053 EXPIRES: April 20,2016 �No'n `b� Iand�ditNUBuojp q',sNriees CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120003854 COLLIER COUNTY, FLORIDA, Plaintiff, vs. WILKERT & FIDELENE EUGENE Re'spondent(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: 11/22/2013 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: 4478 18th AVE SW SERVED: WILKERT & FIDELENE EUGENE, Respondent �. Colleen Crawley, 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: Esta audiencia sera conducida an el idioma Ingles. Sewicios the traducdon no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major �ntendimiento con [as wmunicaciones de este evento. Porfavor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpd Ani avek yon intepret you pale pou-ou j) at, p- I o .- f F - ",21-0( 5 Lek L 03 c9 -3 9 - D- -0 C /(:-, S 1) 2-- 012- a,)L) J 6 "1 t 'o n To , f OL �F T e 0, x- Oki S, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. WILKERT AND FIDELENE EUGENE. Respondents CASE NO.: CESD20120003854 INSTR 4717085 OR 4816 PG 1504 RECORDED 7/12/2012 2:39 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA 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 June 28, 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: 1. That Wilkert and Fidelene Eugene 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4478 18a' Avenue S.W., Naples, Florida 34116, Folio35757800007, more particularly described as Lot 2; Block 35, of that certain subdivision known as GOLDEN GATE, UNIT NO. 2, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier Count}; Florida in Plat Book 5; pages 66 -77 of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: Permit for addition that has not completed all inspections and received certificate of completion/occupancy. 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, as amended, the Collier County Land Development Code, 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 through required inspection and certificate of completion/occupancy within '180 days (December 25, 2012). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by December 25, 2012, then there will be a fine of $150 per day for each day until the violation is abated. ri 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 $80.29 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 0 day of -_ .�. �� 2012 at Collier County, Florida. r'\ J CODE ENFORCEMENT 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 (Zbunty, Florida, who is v� personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE `t ............. j' +-- r r Notary Publi c State of Florida I my Comm. Expires Jun 18, 2015 NOTARY PUBLIC Commission # EE 87272 My commission expires: O;� 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 Wilken and Fidelene Eugene. 4478 19 Avenue S.W., Naples, Florida 34116 this i "`aay of `,., ; .(, „ 2012. M`. it m`/ Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 ,'.CiulSCy (`r1 t;:0ir�,i Ali I HEREBY -- Ef?.V"�-Y 'T -HIAT tnrs is a true one c.ufrq�ni. on fite in /"\ ar ^s Tam end if c.�ras V Cooper cEun tv .: a. • -; V r, -n 1 ?+' � • .afF�..Pza} sal this l y Get ► . �. lE3 HT i;t . Cat: E AX OF U �j •ices � - � _ ^Suw.X�.w' - s..:YY n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. WILKERT AND FIDELENE EUGENE, Respondents INSTR 4796994 OR 4883 PG 3364 RECORDED 2/7/2013 9:02 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CESD20120003854 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 24, 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. 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 for a period of 90 days (April 24, 2013). Any aggrieved parry 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. minty of CbLUER WEREBY CERTIFY TRAT ift is s tna am ,orrect copy ar a a6ditment on 'PEES to c rt* Alf nti[+ . a;€►d t grQ . of Co4ty Cwt* mW-rt*and a"6',df iCW not tw r - CODSENVDI CEMENT BOARD COLLIER COUNTY, FLORIDA 34104 Drive STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or V who has produced a Florida Driver's License as identification. C GNRISTINP.LUABAIJdWS1Cl ON 1030 NOTARY PUBLIC = *: rkF! tsNovember22, 20�5 M commission expires: a ^ - bonded Thru Notary PubBe Underv+ri►ars y p CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been'sent by U. S. Mail to Wilkert and Fidelene Eugene, 4478 18`b Avenue S.W., Naples, FL 34116 this 1 day of 2013. M. Jean wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. WILKERT AND FIDELENE EUGENE, Respondents INSTR 4851513 OR 4931 PG 1629 RECORDED 6/11/2013 10:24 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CESD20120003 854 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on May 23, 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. 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 for a period of five months (October 2-3,2013). Any aggrieved pain 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. ODE ENFMCEMENT BOARD Stole 0 t FI") a County of COLLIER B otie�t'J{atifmyi C it I H�RCBY" 'E •: T IF ` s Y T r,, th s i� a true and 2800 North se hoe Drive ��s Cofreci c�[, a d� Un1 �t on file in Naples, Flo E aTd MiR:.fi? _mild F.O .'0, i;'i C: iGe GOUnty AVAIT�t SF ',at, off.: l ea l this of DVVIGH T E. BROCK :CLERK OF COURTS a—A— a—� C. — STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County lorida who is __�,personally known tome or who has produced a Florida Driver's License as identification. NOTARY PUBLIC `.� I KAREN G BAILEY My commission expires: �+ MY OOhgMtSSiON # EE875121 EXPIRES February 14, 2017 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD R has bee sent by U. S. Mail to Wilkert and Fidelene Eugene, 4478 18a` Avenue S.W., Naples, FL 34116 this day of x.2013. M. Rawson, 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. EUGENE, WILICERT & FIDELENE, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120003854 BEFORE ME, the undersigned authority, personally appeared Ralph Bosa, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 28, 2012, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to [to obtain all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (December 25, 2012)] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4816 PG 1504 . 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on [January 2nd, 2013]. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in n compliance with the following conditions: [to obtain all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (December 25, 2012)] FURTHER AFFIANT SAYETH NOT. DATED this [2nd] day of [January], 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD .. ?� Ralph Cosa Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER i to (or before me thi& day oK� \. L r,, , 2013 by Ralph Bosa ignature of Notary Public) •r r NOTARY PUBLIC ti AT OF FLORIDA (Print/Type /Stamp Commissioned Name of Notary Public) ^\ Personally known � ;'✓„ ` Cull� �,:t C-rawley - Ceminissio . ;? EE129317 '.' Expin�--: ' JNE 07, 2014 BONDED THRU d''_:,`.,' : >OKDLNG CO., INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. EUGENE, WILKERT & FIDELENE, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120003854 BEFORE ME, the undersigned authority, personally appeared Colleen Crawley, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 28, 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 4816 PG1504 . 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 10/24/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permit has not received a Certificate of Occupancy/ Completion. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of October, 2013. COLLIER t—oiieen Lrawiey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (off firmed) and subscribed before me this 25th day of October, 2013 by Colleen Crawley ( ignature of Notary P lic) (PrinrType /Stamp Commissioned Name of Notary Public) Personally known -\1 NOTARY PIIBi,i c -s-r TL OF FLOKID9 �:DLLi_1SEinD # E;:eires: JUKE 30. %01= BONDED Tall' ;(t . p,;, u. BOiNDDIG CO., INC. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20110017799 COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARGARITA MALDONANDO RITA G VEGA 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: 11/22/2013 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: 924 Miraham TER SERVED: MARGARITA MALDONANDO RITA G VEGA, 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 TAMIA1vB 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 saran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major 10-11\ entendimiento con ias comunicaciones de este evento. Por favor traiga su propio traductor. Av6bsman — Tout odisyon yo fit an angle. Nou pan gin moun you M tradiksyon. Si ou pa pale angle tanpri vini avek yon intiprit you pale you -ou. ^ FREEMAN &FREEMAN CONSTRUCTION INC. 324 9o.*2nd Street/P.O.'Box 664 ....... ............................... ............................... Immokalee FL. 34142 (239) 657 -2410 (239) 657 -4093 freebuildq @gmail.com October 29, 2013 Growth Management Division/Code Enforcement 2800 N. Horseshoe Dr. Naples, Fl. 34104 RE: Case# CESD20110017799/ Permit #P1tBD2013010154801 To whom it may concern, Ms. Maldonado has met all the requirements, and her permit has been approved and issued. We would like to request a 30 day extension, so we can complete the inspection process. Everything should be complete by November 11" , 2013. If you have any questions or concerns please feel free to call or email us. Sincerely, Ernest N. Freeman Jr. /President INSTR 4864406 OR 4942 PG 3833 RECORDED 7/11/2013 11:38 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. MARGARITA MALDONANDO AND RITA G. VEGA, Respondents, CASE NO.: CESD20 1 1 00 1 7799 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 27, 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 Margarita Maldonando and Rita B. Vega 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 in person and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 924 Miraham Terrace, Immokalee, Florida 34142, Folio 00056240005, more particularly described as Lots 21 and 22, Christian Acres Sub. Territory II, Section 36, Township 46S, Range 28E of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: A permitted single family dwelling altered into a two family dwelling unit with two primary kitchens added and internally accessible of rooms blocked. Also an unpermitted two story addition being used as living space attached to the permitted single family dwelling unit with two kitchens and two three - fixture bathrooms to include electric and plumbing and an unpermitted shed with electric and an aluminum /metal type free stand carport all installed without first obtaining the authorization of the required 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, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (October 25, 2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 25, 2013, then there will be a fine of $250.00 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 $80.29 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 S day of STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 13 at Collier County, Florida. es, Florida 34104 Drive The foregoing instrument was acknowledged before me this 3— day of `X 2013, J Robert Kaufman, Chair of the Code Enforcement Board of Collier tounty,00rida, who is t/ personally known to me or who has produced a Flor �nver's License as identification. =V. " ail KAREN G BAILEY N TA Y PUBLIC MY COMMISSION it EE87,5 y commission expires:_ "'•,,gF' EXPIRES February 14, 2017 I407�'9s°'S3 flaMrNOtsnse,a.,. CE TIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to l 4arg rita Maldonando and Rita G. Vega, 924 Miraham Terrace, Immokalee, FL 34142 this 3 day of 2013. '1C!te r, of r r!i71ida Coulily o I COLLI7R I hl= l' \::B i 1 ; .R, I Ir i T i-1, -+.T IhIS IJ i1 tiL1° an !I`ls('ri an I!IL In .>(. +li C( County ��:il L.y I:] se411111S 0111, 1 i T E. Co.,RTS M. Jeankawson, 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, A&I Margarita Maldonando & Rita G Vega Respondent(s), STIPULATION /AGREEMENT Case No. CESD20110017799 COMES NOW, the undersigned, Margarita Maldonando, on behalf of herself or Rita G Vega as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20110017799 dated the 25 day of May, 2012. 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 June 27, 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 $80.29 incurred in the prosecution of this case within 3C days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permits, inspections, and Certificate of Completion /Occupancy within 120 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 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. `R. 6spor(dent or Representative (sign) Diane Flragg, Director Code Enforcement Department Respd ent or Representative (print) Date Date /� `� REV 1/2/13 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD t COUNTY OF COUNTY COMMISSIONERS, Petitioner ANDO, MARGARITA RITA G VEGA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20110017799 )RE ME, the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 27, 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 (October 25, 2013) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4942 PG 3833 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on October 28, 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 obtain all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion /occupancy within 120 days (October 25, 2013) FgJRTHER AFFIANT SAYETH NOT. DATED this day oNplf2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official ATE OF FLORIDA LINTY OF COLLIER rn to (or affirmed) and subscribed before me this b day of /11J(�,Qil y! �`+, 2013 by Maria Rodriguez A ignature of Not Public)r rint/Type /Stamp Commissioned Nail ersonally known � MMEYWIMA * A0' COAMSSM # DD 90W EXPIRES: Oammbff 21, 2013 lotary Public) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ^� BOARD OF COUNTY COMMISSIONERS, Case: CENA20120017641 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH PROPERTIES LLC, 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: 11/2212013 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: 2889 Coco Lakes PL SERVED: KORESH PROPERTIES LLC, 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 W TH 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 saran disponibles an Is audiencia y usted sera responsable de proveer su propio tradudor, pare un mejor 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 aysk yon inteprel you pale you -ou. TooleyTeresa From: MuchaJoseph ,- .dent: Tuesday, October 22, 2013 1:15 PM o: TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, �o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 -252 -5892 TeresaTooley(aCollier ov.net Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe prive Naples, FL 34104 - - - -- Original Message---- - From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari Vic: DavidJones; mark(@ gohari.org; TooleyTeresa; AdamsKerry abject: RE: Coco Lakes Exotics Clearing 1 Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with ,—the Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babak@gohari.or ] Sent: Tuesday, October 22, 2013 1 1:17 AM To: MuchaJoseph Cc: DavidJones; mark(2 ,gohari.org Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who Balled it in has long sold and moved out, we ask for code enforcement's cooperation to allow .s to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at babak(a,gohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. EA CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CENA20120017641 vs. INSTR 4838178 OR 4919 PG 3262 RECORDED 5/14/2013 10:32 AM PAGES 4 KORESH PROPERTIES, LLC. DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent REC $35.50 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 Koresh Properties 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 2889 Coco Lakes Place, Naples, FL 34105, Folio 26169500865, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 c , 2013 at Collier County, Florida. CODE Kaufman, Naples, Florlda44104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ` 1 The foregoing instrument was acknowledged before me this l day of 2013/,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or who has produced a F of H&L Driver's,-License as identification. KAREN G BAILEY NOTARY PUBLIC MY COMMISSION # EE875121 My commission expires: ' ,Q; EXPIRES February 14, 2017 X07 39&ot93 FlorideNoterySe,vice.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. jViail to Koresh roes, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this day of 2013. State of Florida County of COLLIER I HERESY GERT�F�.TN,AT this.Itrue and correct copyof P O'r'tat on 11- m , Board; 0iii�r�t��,s'tcld 0. cllt�'r County VaT(E rn�+'�a d aiac� cE�7 of to {:; 0f ?� ~ T1 k,0 K; JERK Gr C U TS M. Je Rawson Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 0 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA o c� r KORESH PROPERTIES, LLC, a Florida limited liability company, m c_ Plaintiff(s) i, c-o� T; o _ T - cG ii Vs. CASE NO. 01- 4668 -CA -01 �h`,�.; ``is ' 'o NOS PALM FOUNDATION H, a Florida corporation and VICTOR'S P G, IBC � F, Florida corporation, CYNDI FRANCO, ERIC RIVERA SOf O, Him ROBERT CIOFANI, PALM FOUNDATION, INC., a FlorL cmpo t r , STEVE LOVELESS, COLONIAL PAINTING, SANDRA GARTZ,an4ivtdudlly, &d the ESTATE OF FREDERICK GARTZ, HOLE MONTES, IN6„ JLJDIhlI 3 0 RIA�T . TRUSTEE OF THE JUDITH B. GERHART AMENDED AID RESTATED.,-' - REVOCABLE TRUST INDENTURE and CAUSEWAY LUMBER Defendants) , MOW"."' O W" CONSIDERATION $2,401,000.0 - ✓V1a �-NOTE: Pursuant to Florida Administrative Code 12B -4.01e menta �d'be computed on the amount of consideration paid, which mia q any mortgages or li are not removed from the foreclosed property. L EXn t 2�. 15.1 'T 1 The undersigned, DWIG T $RCS lek o th i#it Court certified that he exec�:ted and filed a Cert�Bm`J�. -F Qn lu, S... �"cn Q_D;,c �u.ver 29, 2003, for the property described herein �l11tI that no objections tee, the sale l been filed within the time allowed IQrPimg QbJ Gvp?IIS. he following �rppe y,2, y" oilier County, Florida: The East one half of the Sou ess . lqe quarter of th mouth -West one quarter of the Northeast one quarter and the Wei o_i t. a ou east one quarter of the Southwest one quarter of the Northeaf Section 23, Township 49 South; Range 25 East, all lying and being in Collier County, Florida, LESS AND EXCEPTING the North 30 feet of the aforedescribed parcel of land. AND the East one half of the Northwest one quarter of the Southwest one quarter of the Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier Count}, Florida. AND the West one half of the West one half of the Southwest one quarter of the Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida. Less and except Lots 1, 2, 3, 38, 45 and 46. was sold to Koresh Properties, LLC, a Florida limited liability company, c/o Conroy, Coleman & Hazzard, P.A., 2640 Golden Gate Pkwy. #1.15, Naples, FL 34105 Bid Amount:$ 1,000.00 n N C ..a O e mC, � Q n to m° s�C� to o OC> r bw c o Ajt r o pa , nr°�enE O p yf o 0 0 0 d 0 WITNESS my hand and seal of the court on January 9, 2004. DWIGHT E, BROCK, Clerk of the Circuit Court - BY: Depu Clerk -_ il)F, e--i CAs COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CENA20120017641 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4919 PG 3262 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that•the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Removal of all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Davi n iiforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and ubscribed before me this v� / day of �&Z? 2013 by David Jones Signature of Nota Public) ar aye SHIRLEY GARCIIA MY COMMISSION I DD 943880 (Print/Type /Stamp Commisst6 one o otaiy c, 3 Personally known -\I '*—\ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120017644 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH PROPERTIES LLC, 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: 11/22/2013 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: 2859 Coco Lakes DR SERVED: KORESH PROPERTIES LLC, 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)7748800; 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 seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, Para un major entendimiento can 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 avekyon intepret you pale you -ou. TooleyTeresa From: MuchaJoseph ,--`zent: Tuesday, October 22, 2013 1:15 PM TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaTooley(a,Collier og v.net Growth Management Division Collier County\Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 - - - -- Original Message---- - From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari r�c: DavidJones; mark(agohari.org; TooleyTeresa; AdamsKerry abject: RE: Coco Lakes Exotics Clearing 1 Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with she Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babakQgohari.org] Sent: Tuesday, October 22, 2013 11:17 AM To: MuchaJoseph Cc: DavidJones; mark(a,gohari.org Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who 'filled it in has long sold and moved out, we ask for code enforcement's cooperation to allow as to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at babakna,gohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. r-N, 2 n CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. CASE NO.: CENA20120017644 INSTR 4835688 OR 4917 PG 3050 KORESH PROPERTIES, LLC. RECORDED 5/812013 12:34 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $35.50 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 Koresh Properties 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 2859 Coco Lakes Drive, Naples, FL 34105, Folio 26169500661, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph l _of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $89.29 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 ii�' �,` 2013 at Collier County, Florida. 1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA forth Horseshoe:Drive Florida 34.1'04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1 day of 1 r aw 1 2013,jby Robert Kaufman, Chair of the Code Enforcement Board of Collier County,, Florida, who is personally known to me or who has produced a Floridz-Dlriver's L,rcense as identification. LU •. KAREN G BAILEY ` NOTA'`RY PUBLIC MY COMMISSION # EE875121 My commission expires: EXPIRES February 14, 2017 �0 39 '53 _ aierianbo�ryse„ .�,, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Koresh 1operties, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this day of 2013. C State of Florida County of COLLIER I HEREBY CE'RT- correct copj _,:a Board hJllnui WITi IEC� ray ,4IGHT E•_6 p i 4 is Is 2 true and ent. on�ff' n .00111% county.. ,s;rial_�eal tl�ts- �rRK O CQURT M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICLkL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA o < . c� KORESH PROPERTIES, LLC, a Florida limited liability company, c— M Plaintiff(s) c: Vs. CASE N0. O 1- 4668 -CA -0 l lit { o � T PALM FOUNDATION II, a Florida corporation and VICTO9'S PAIN-�ING,T4C._. E� Florida corporation, CYNDI FRANCO, ERIC RIVERA S.OTO,.A �, . , �� ROBERT CIOFANI, PALM FOUNDATION, INC.; a Florraa Qc rpo�ati rr ' y STEVE LOVELESS, COLONIAL PAINTING, SANDRA bARTZ,an�ivieu, lDy, &d the ESTATE OF FREDERICK GARTZ, HOLE MONTES, INS„ JUDI'?H-�: GER1IlA T, TRUSTEE OF THE JUDITH B. GERHART AM[ENDED AID RESTATED. o REVOCABLE TRUST D\TDENTURE and CAUSEWAY LUMBER CO., Defendant(s) CONSIDERATION S2,401,000.0 - 9I'.I�R�'TOTE: Puisuant to Florida o m Administrative Code 12B- 4.01 6 rieument � �o e computed on the amount of consideration paid, which inees'any mortgages or Its are not removed from the r foreclosed property. w The undersigned, DWIG�IT BR (lekl q i u t Court, certified that he executed and filed a Certi ai s g <on o t Dec b•�r 29, 2003, for the ►� property described herein�t that no objections the sale been filed within the P time allowed for filing obJ as. The following f'4 4pe}!ty �c bllier County, Florida: The East one half of the Soust e quarter of thtthest one quarter of the E` s Northeast one carter and the Wes oi3t 6)` theast one uarter of the q r Southwest one quarter of the Northea �!L�rt Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida, LESS AND EXCEPTING m the North 30 feet of the aforedescribed parcel of land. AND the East one half of the Northwest one quarter of the Southwest one quarter of the Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier Count}', o .� Florida. AND the West one half of the West one half of the Southwest one quarter of the vo�o Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida. Less and except Lots 1, 2, 3, 3 8, 45 and 46. was sold to Koresh Properties, LLC, a Florida limited liability company, c/o Conroy, Coleman & Hazzard, P.A., 2640 Golden Gate Pkwy. #1 15, Naples, FL 34105 Bid Amount:$ 1,000.00 WITNESS my hand and seal of the court on January 9, 2004. _J r: DWIGHT E, BROCK, Clerk of the Circuit Co - BY- 4a Cler C D �` %�j o COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CENA20120017644 ^ BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3050 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Remove all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Dave °nom Cede Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER LR Sworn to (or affirmed) � rmed) and subscribed before me this G % day of (�: ' 1Jj�t 2013 by David .Tones 1. r ( gnatureofN taryPu lic) eoSF;PUeck SHIRLEYGARCfA * * MY COMMISSION # DD 943980 �XAPES: December 21, 2013 (Print/Type /Stamp Commissioned -fNocary Public) Personally known -\/ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board ^ BOARD OF COUNTY COMMISSIONERS, Case: CENA20120012782 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH. PROPERTIES LLC, 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: 11/22/2013 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: 2943 Coco Lakes DR SERVED: KORESH PROPERTIES LLC, 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 COM MISS IONERS'OFFICE NOTIFICACION: Este audience sera conducida anal idioma Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaclones 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 tanpri vini av&k yon intepret you paid, you -ou. ToolevTeresa From: MuchaJoseph went: Tuesday, October 22, 2013 1:15 PM 0: TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, r �o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaTooleyaa,Colliergov. net Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 - - - -- Original Message - - - -- From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari roc: DavidJones; mar ,gohari.org; TooleyTeresa; AdamsKerry abject: RE: Coco Lakes Exotics Clearing i Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with -the Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babak(@gohari.org] Sent: Tuesday, October 22, 2013 1 1:17 AM To: MuchaJoseph Cc: DavidJones; markna,gohari.or Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who ",alled it in has long sold and moved out, we ask for code enforcement's cooperation to allow as to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at babg,.a gohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE NO.: CENA20120012782 INSTR 4835689 OR 4917 PG 3054 . KORESH PROPERTIES, LLC. RECORDED 5/8/2013 12:34 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $35.50 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 Koresh Properties 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 2943 Coco Lakes Drive, Naples, FL 34105, Folio 26169501848, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited io, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. . 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits,. inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 t �✓��4 i 2013 at Collier County, Florida. l CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA R0b'e4 Kaufman, Chair 2800/North Horseshoe Drive Naples, Florida ,34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this l day of 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is 1 personally known to me or who has produced a Florida D7river's 1✓- icense as identification. ;'+s%.•. KAREN Ca BAILED` OTARA' PUBLIC MY COMMISSION # EED75121 y commission expires: EXPIRES February 14, 2017 (467)398V53 FforidallotarvSe yft.eorr. -RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Koresh Prgperties, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this day of 2013. State of Florida County of COLLIER I HEREBY CEFT. FY T,iAT this is a true and correct co.�;= 9�, Dcur�e.R41,on file in Board NTrnSOFd,S C1 „ Collier County 1N111 S ray t?d tal seal this a of v I I�" M. Jean' - kawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 (J� IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA n C-3 O r KDRESH PROPERTIES, LLC, a Florida limited liability company, r c_ M Plaintiff(s) � rt . CD Vs. CASE NO. 01- 4669 -CA -0I ;'I'.``{s {M PAL OR M FOUNDATION II, a Florida corporation and VICT'S PLNG, Florida corporation CYNDI FRANCO, ERIC RNERA SO- TO Him ROBERT CIOFANI, PALM FOUNDATION, INC., a Florida crnpotir •. =_ =! STEVE LOVELESS, _COLONIAL PAINTING, SANDRA GARTZ.an4ieraualiy, an`d the ESTATE OF FREDERICK GARTZ, HOLE MONTES, INO✓„ JUDJHIB • GERkLAlk ', TRUSTEE OF THE JUDITH B. GERHART AMENDED AND RES:'ATED . • ; REVOCABLE TRUST INDENTURE and CAUSEWAY LUMBER CO., Nc`s...,,'. ti d Defendant(s) CONSIDERATION S2,401,000.00, � �OTE: Pursuant to Florida o Administrative Code.12B- 4.013/��pe menta �'\o computed on the amount of consideration which in �u�es'any _� e: paid, mortgages or lierthat are not removed from the m foreclosed property. The undersigned, DWIG T BR y�I,Ie�1 Q tlairuit Court certified that he exec *sited filed Ccr� A�° f ti3i�' and a rt rc 4 n1�T1� C@ hPr 79 7 Q� for }t 'ti th Gaon 0 D. - , _0 3, fo the. property described herein �n that no objections o the sale ve'�been filed within the ti�.�e allowed for piing obJ c�cr�s. The fc lioVrrirtg pe�ty�ir LIll�r Couu� Fiviida: The East one half of the Sou tFi r e ff tthhe-�uthWest �st� quarter o, one quarter of the Northeast one quarter and the West bju-�ae5i st one quarter of the tt�e Southwest one quarter of the Northeast e�glzerof Section 23, Township 49 South, g Range 25 East all 1ying and being in Collier Count}, Florida, LESS AND EXCEPTING o the North 30 feet of the aforedescribed parcel of land. AND the East one half of the ° Northwest one quarter of the Southwest one auarter of the Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, o .. Florida. AND the West one half of the West one half of the Southwest one quarter of the o t„ Northeast one Quarter of Section 23, Township 49 South, Range 25 East, all lying and �000 being in- Collier County, Florida. Less and except Lots 1, 2, 3, 38, 45 and 46• was sold to Koresh Properties, LLC, a Florida limited liability company, C/o Conroy, Coleman & Hazzard, P.A., 2640 Golden Gate Pkwy. #1 15, Naples, FL. 34105 Bid Amount:$ 1.000.00 M- WITNESS my hand and seal of the court on January 9, 2004. LO 2 DWIGHT E. BROCK, Clerk of the Circuit Co - BY: Depu Clerk COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CENA20120012782 n BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3054 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Remove all Collier County prohibited exotic vegetation n FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD David Jonesf Code£E- orcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and s}abscribed before me this - day of 2013 by David Jones (S1enalure of Nota Public) 2op:` 44P SHI10 GARCIA MY DD 943980 * EXfrie�; Uecamber 21, 2013 s. R (Print/Type /Stamp Commissione?ge;i e' of Notary Public) Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120017639 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH PROPERTIES LLC, 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: 11/22/2013 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: 2931 Coco Lakes DR SERVED: KORESH PROPERTIES LLC, 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 audiencia sera conducida an at idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un major entendimiento oon [as comunicadones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you fat tradiksyon. Si ou pa pale angle [anion vin! avek yon intepret you pale you -ou. TooleyTeresa From: MuchaJoseph went: Tuesday, October 22, 2013 1:15 PM o: TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, 'o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaTooley(cr),Colliergov.net Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 - - - -- Original Message---- - From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari mac: DavidJones; markna,gohari.org, TooleyTeresa; AdamsKerry abject: RE: Coco Lakes Exotics Clearing 1 Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with the Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babak(a gohari.org] Sent: Tuesday, October 22, 2013 11:17 AM To: MuchaJoseph Cc: DavidJones; mark(agohari.org Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who , ' -,ailed it in has long sold and moved out, we ask for code enforcement's cooperation to allow .ts to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at babala,,gohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CENA20120017639 vs. INSTR 4835690 OR 4917 PG 3058 KORESH PROPERTIES, LLC. RECORDED 5/8/2013 12:34 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent REC $35.50 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 Koresh Properties 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 2931 Coco Lakes Drive, Naples, FL 34105, Folio 26169501084, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this �_ day of Its- 2013 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA IM Naples, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Drive The foregoing instrument was acknowledged before me this day of t^ +wtNj 201: -by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, lorida, who is personally known to me or who has Produced a Florida,Driver's.License as identification. KAREN G BAILEY MY COMMISSION # EE875121 OTARY PUBLIC t,My� , ' EXPIRES February 14, 2017 y commission expires: 1407) X9"153 Florid$NmarvSe 4ce.aom RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Koresh roperties, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this I day of 0, , 2013. State of Florida County of COLLIER I HEREBY CERTIFY TH4T,this is a true and correct copy.of d31t3it p'h'file in Board ,er> County WITNESIv,y• ,ntl 666at s Lim }BHT Bj� C RK (DEZOUL A [ M. Jeapawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 11� 0 0 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA n N Q C� r KORESH PROPERTIES, LLC, a Florida limited liability company, C m Plaintif(s) o �m C- . 1.0 e- j= Vs. CASE NO, 01- 4669 -CA -0 I M ..," Y PALM FOUNDATION H, a Florida corporation and VICTO�'8 P G, o Florida corporation, CYNDI FRANCO, ERIC RIVERA S.O, O,. I,L��,� ROBERT CIOFANI, PALM FOUNDATION, INC., a FloriZa co,' o�`atwdr� _ STEVE LOVELESS, COLONIAL PAINTING, SANDRA -CAR' rh'v ivally an`d the ESTATE OF FREDERICK GARTZ, HOLE MONIES, INO„ JUDIHl� . GERHA9'Z`, TRUSTEE OF THE JUDITH B. GERHART AMENDED AI-D RESTATED . a REVOCABLE TRUST INDENTURE and CAUSEWAY LUMBER CO. ;�;ts Defendants) CONSIDERATION $2,401,000.0 .... COTE: Pursuant to Florida Administrative Code 1213-4.01 Tie ent t'� o . e computed on the amount of consideration paid, which in e 'any mortgages or h ; are not removed from the Y CD foreclosed property. ®� � The undersigned, DWIG T k. BR 16 4 i pit Court, certified that he executed and filed a Cerur��.`>3's on cce u r'29,200-31, for the r iLazi, property described herein man that no objections the gale been filed within the a time allowed for filing obj cupns. The following`' e ty i Ilier County, Florida; The East one half of the Sou `Iv s#� e quarter of th t #hWest one quarter of the Northeast one quarter and the Ve& or e o-``u 'east one quarter of the r Southwest one quarter of the No ea Section 23, Township 49 South, Range 25 East, all tying and being in Collier County, Florida, LESS AND EXCEPTING the North 30 feet of the aforedescribed parcel of land. AND the East one half of the Northwest one quarter of the Southwest one quarter ofthe Northeast one quarter of o Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, o Florida. AND the West one half of the West one half of the Southwest one quarter of the o e Northeast one quarter of Section 23, Township 49 SGUth, Range 25 East, all Iying and o o being in Collier County, Florida. Less and except Lots 1, 2, 3, 38, 45 and 46. was sold to Koresh Properties, LLC, a Florida limited liability company, c/o Conroy, Coleman & Hazzard, P.A., 2640 Golden Gate Pkwy. #115, Naples, FL 34105 Bid Amouat:$1,000.00 - -1 WITNESS my hand and seal of the court on January 9, 2004. DWIGHT E. BROCK, Clerk of the Circuit Co BY: Depu Clerk Q o� F-j- �s COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CENA20120017639 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3058 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Remove all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013. STATE OF FLORIDA COUNTY OF COLLIER Sw to (or affirmed) and ( (Signature of Nr PuTifi (Print/Type /Sump Commi; Personally known COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD coa�! David Jo Cod orcement Official bed before me this day of d � k1t :• :' SHIKEY CIAWAA W COMMISSION I DD 9439 ��. EXHRES: December 21, 2013 ioAlf1kCme of Notary Public) , 2013 by David Jones CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20120017643 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH PROPERTIES LLC, 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: 11/22/2013 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: 2870 Coco Lakes DR SERVED: KORESH PROPERTIES LLC, 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 audiencia sera conducida an el idioma Ingle$. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaclones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fbt an angle. Nou pan gin moun you fb tradiksyon. Si ou pa pale angle tanph vini avbk yon intepret you pale you -ou. TooleyTeresa From: MuchaJoseph ^Bent: Tuesday, October 22, 2013 1:15 PM . "o: TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, )o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaTooley(&,,Colliergov. net Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, FL 34104 - - - -- Original Message---- - From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari Vic: DavidJones; mark[a)gohari.org; TooleyTeresa; AdamsKerry ubject: RE: Coco Lakes Exotics Clearing 1 Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with --the Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babak(@gohari.org] Sent: Tuesday, October 22, 2013 11:17 AM To: MuchaJoseph Cc: DavidJones; mark(a,gohari.org Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who "celled it in has long sold and moved out, we ask for code enforcement's cooperation to allow .is to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at babak(a-),gohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this. entity. Instead, contact this office by telephone or in writing. 6 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE NO.: CENA20120017643 INSTR 4835674 OR 4917 PG 3010 KORESH PROPERTIES, LLC. RECORDED 5/8/2013 12:34 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $35.50 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 Koresh Properties 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2870 Coco Lakes Drive, Naples, FL 34105, Folio 26169500289, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 t �(I( 2013 at Collier County, Florida. CODE ENFORCEMENT BOARD COQ) IER COUN) Y, FLORIDA., Naples, Florida STATE OF FLORIDA ) � COUNTY OF COLLIER) )SS: 9 The foregoing instrument was acknowledged before me this day of t L0 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier CountA Florida, who is personally known to me or who has pnoduced,a- 4orida Dri�l.er's License as identification. KAREN G BAILEY d?6� 'c MY COMMISSION !# EE875121 NOTARY PUBLIC � '� ,.• EXPIRES February 14, 2017 My commission expires: (407 39"163 ft6doNotarySe ike.ow CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Koresh ,�perties, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this day of _,2013. 4 , 2013. t State of Florida County of COLLIER I HEREBY CERTIFY•THAT•this is a true and correct copy �ftareil c.1e ir5 Board Mil"iate��aticl 7 of $llikCpunty WITNES:iyid setrs ;( I M. Jean R wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA o °.s - C� r � _ r KORESH PROPERTIES, LLC, a Florida limited liability company, m M Plaintiff(s) c, Vs. CASENO. 01- 4668- CA- O1faLh` �.;. "' T o PALM FOUNDATION II, a Florida corporation and VICTOR'S PING, Florida corporation, CYNDI FRANCO, ERIC R VERA S.OfO, b�I�4 ' I , '... c� eas - o . ROBERT CIOFANI, PALM FOUNDATION, INC., a Florida c. trpo�t�orrr STEVE LOVELESS, COLONIAL PAINTING, SANDRA GAR TZ, an4.ividually, in? the ESTATE OF FREDERICK GARTZ, HOLE MONTES, IN6„ NMIfH��. GI"RHA T, TRUSTEE OF THE JUDITH B. GERHART AMENDED AND R.ES�ATED REVOCABLE TRUST INDENTURE and CAUSEWAY LUMBER CO.,1NC'.s� Defendants) �a CONSIDERATION $2,401,000.00 - 1I— o OTE: Pursuant to Florida m Administrative Code 1213-4.01 ��ieumenta �'� c computed on the amount of consideration paid, which incl�`s'any mortgages t are not removed from the �--a foreclosed propert y. The undersigned, DWIG T BR CIS, �lej q �� irk it Court , certified that he m executed and filed a. Certi#-�Jte,� Iasi E� s aeon o�c -er 29, 2003, for the property described herei L A that no objections to,Athe sale v been filed within the P R time allowed for filing otil ca ns. The fallowing - !t peft1i�)` 611ier County, Florida: o The East one half of the South' CCt � �e quarter of th uth west one quarter of the Northeast one quarter and the Weso l��oreast one quarter of the ( t" .— Southwest one quarter of the Northn trot Section 23, Township 49 South, o Range 25 East, all lying and being in Collier County, Florida, LESS AND EXCEPTING the North 30 feet of the aforedes crib ed parcel of land. AND the East one half of the ® C2 Northwest one quarter of the Southwest one quarter of the Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, o V • -• O O Florida. AND the West one half of the West one half of the Southwest one quarter of the 6 p O p Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida. Less and except Lots 1, 2, 3, 38, 45 and 46. was sold to Koresh Properties, LLC, a Florida limited liability company, c/o Conroy, Coleman &Hazzard, P.A., 2640 Golden Gate Pkwy. #115, Naples, FL 34105 Bid Amount:$ 1,000..00 r • WITNESS my hand and seal of the court on January 9, 2004. DWIGHT E. BROCK, Clerk of the Circuit Ca - BY: Depu Clerk c� COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CENA20120017643 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3010 . 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Remove all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD David Co • orcement Official STATE OF FLORIDA COUNTY OF COLLIER to (or affirmed) a d subscribed before me this day of (:f/ l�`j /t �+ 2013 by David Jones ,`A 4'� s, 'Nub " _'./ ,( icC- 35T nature of Nlhtary ? blic) (Print/Type/Stamp Commissio Personally known SHPLEY GARCIA * W COMMISSION # DD 943980 EXPIRES: December 21, 2013 .e of Notary Public) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board r BOARD OF COUNTY COMMISSIONERS, Case: CENA20120017642 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KORESH PROPERTIES LLC, 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: 11/22/2013 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: 2888 Coco Lakes DR SERVED: KORESH PROPERTIES LLC, Respondent n 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 proces$. 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: Esta audiencia sera conducida an el idionna Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pars 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. ToolevTeresa From: MuchaJoseph r5ent: Tuesday, October 22, 2013 1:15 PM o: TooleyTeresa Cc: DavidJones Subject: RE: Coco Lakes Exotics Clearing Follow Up Flag: Follow up Flag Status: Completed Hi Teresa, It would be for several cases actually, all with the same owner (Koresh Properties LLC) and the same compliance date (October 22nd, 2013). The cases are CENA20120012782, CENA20120017639, CENA20120017641, CENA20120017642, CENA20120017643, and CENA20120017644. - - - -- Original Message---- - From: TooleyTeresa Sent: Tuesday, October 22, 2013 1:06 PM To: MuchaJoseph Subject: RE: Coco Lakes Exotics Clearing Hello Joe, �o you have a case number for this time extension request? Thank you, Teresa Tooley Administrative Secretary Phone: 239 - 252 -5892 TeresaTooley(2DColliergov. net Growth Management Division Collier County Code Enforcement 2800 N. Horseshoe Drive Naples, F`L 34104 - - - -- Original Message---- - From: MuchaJoseph Sent: Tuesday, October 22, 2013 12:29 PM To: Babak Gohari DavidJones; marlq@,,gohari.org; TooleyTeresa; AdamsKerry abject: RE: Coco Lakes Exotics Clearing 1 Mr. Gohari, I have forwarded your extension request to our enforcement staff to have it scheduled with ,,the Code Enforcement Board. Our department would have no objection to an extension. - - - -- Original Message---- - From: Babak Gohari [mailto:babak@gohari org] Sent: Tuesday, October 22, 2013 11:17 AM To: MuchaJoseph Cc: DavidJones; mad agohari.org Subject: Coco Lakes Exotics Clearing Dear Mr. Mucha and Mr. Jones, As per your suggestion, I am writing to request a small extension in our open code enforcement ticket at Coco Lakes regarding the exotic vegetation removal. We are in the middle of finishing building permit applications for new homes at Coco Lakes. We are going to be applying for lots where we have these open tickets, and with the building permits, we will be able to clear the surrounding lots, including all of the lots with open tickets. This will allow us to fully clear any exotics once and for all, and in a permanent way, so we won't have a return of the exotic vegetation in a few months. We request a 60 to 90 day extension to give us enough time to finish the applications, submit them for review, and to have enough time for the review process to finish and have enough time to make any changes that the building department may have. Considering that these exotics do not pose either a safety or health hazard, and in fact the person who ,'`celled it in has long sold and moved out, we ask for code enforcement's cooperation to allow .s to solve the issue in a permanent manner. I hope that our history with the County holds some sway. We have always complied with every issue and case in the past, and all we are asking for is a small extension to let us solve this case permanently. If you need to contact me, I can be reached directly at (239) 287 -9669, or email at baba] nQgohari.org. Thank you for your time. Sincerely, Babak Gohari Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. K CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CENA20 1 200 1 7642 vs. INSTR 4835673 OR 4917 PG 3006 KORESH PROPERTIES, LLC. RECORDED 5/8/2013 12:34 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC $35.50 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 Koresh Properties 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. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2888 Coco Lakes Drive, Naples, FL 34105, Folio 26169500221, more particularly described as (see attached legal), is in violation of the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) in the following particulars: Presence of Collier County prohibited exotic vegetation, including but not limited to, Brazilian Pepper, Ear Leaf Acacia, and Air Potato within 200 feet of an improved property. 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 the Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54- 185(d) be corrected in the following manner: 1. By obtaining any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within 180 days (October 22, 2013). 2. The prohibited exotic vegetation base /stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 180 days (October 22, 2013). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 per day for each day until the violation is abated. /0-111. 4. That if the Respondent does not comply with paragraph 3 of the Order of the Board by October 22, 2013, then there will be a fine of $100.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 ( 2013 at Collier County, Florida. CODE ENFORCEMENT BOARD COL,L1ER CWNTY. FLORIDA Naples, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) orth Horse�hoi Drive The foregoing instrument was acknowledged before me this } day of 2013,,by Robert Kaufman, Chair of the Code Enforcement Board of Collier Qounty, horida, who is 0/ personally known to me or who has produced a Flori-da-Driver's License as identification. ►.- KAREN G BAILEY_ -_ ,it -V I r ,�: MY COMMISSION # EE8751 TARY PUBLIC • EXPIRES February 14, 2017M commission expires: P �•;F,F;, (d07)34�-015I FforidallotarySe,vbe.ow RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Koresh i Foperties, LLC, c/o Mahmoud Gahari, 9931 Treasure Cay Lane, Bonita Springs, FL 34135 this day of 2013. "fate of `i�,ridEi County of COLLIER I HEREBY CERTIFY THAT this is a true and correct C py -53,a,document on file in Board t.j jj ✓ of Collier County Ccz F fir_ r Y' M. JeaLAawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Good] ette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA o N •< C7 r- KORESH PROPERTIES, LLC, a Florida limited liability company, m c_ M Plaintiff(s) Vs. CASE NO. 01- 4668 -CA -01 ��,,j.;. is , -v o S ► cj PALM FOUNDATION H, a Florida corporation and VICTOR'S PAN- G, =w"Q oF, Florida corporation, CYNDI FRANCO, ERIC RIVERA S.OTO,, b I,2. - �'rn , i; o ROBERT CIOFANI, PALM FOUNDATION, INC., a Floriiiac�rpo�Lt�or o. STEVE LOVELESS, COLONIAL PAINTING, SANDRA bARTZ, tnie�idually, an `d the ESTATE OF FREDERICK GARTZ, HOLE MONTES, IN6„ JUD1t11,B. C RHAg TRUSTEE OF THE JUDITH B. GERHART AMENDED Af4D RESTATED, - o REVOCABLE TRUST INDENTURE and CAUSEWAY LUMBER C0.,1N� s ,.• ' N d Defendant(s) _ CONSIDERATION $2,401,000.00 - 1 DR 9�tOTE: Fu=uant to Florida m 6 Administrative Code 12B- 4.01.3 die enta 400 _ e computed on the amount of ® � consideration paid, which ineludj Kany mortgages or 11 t are not removed from the foreclosed property, C:> - 0 M T rF9 -x ,,..� The undersigned, DWIGHT RdCi, �leh ah� i it Court, certified that he executed and fled a Certifrg3� son o ' Dtcorlrber 29, 2003, for the. i4 r .� property described herei�q that no objections`tp the sale been filed within the n time allowed for filing obJct%ns. The following'per4` llier County, Florida: The East one half of the South, e quarter of the -nthwest one quarter of the 'east Northeast one quarter and the Ve-S' on'er tie t�ou one quarter of the r Southwest one quarter of the Northea 1-1 Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida, LESS AND EXCEPTING the North 30 feet of the aforedes crib ed parcel of land. AND the East one half of the Northwest one quarter of the Southwest one quarter of the Northeast one quarter o 0 Section 23, Township 49 South, Range 25 East, all lying and being in Collier County, Florida. AND the West one half of the West one half of the Southwest one quarter of the o 0 o o v Northeast one quarter of Section 23, Township 49 South, Range 25 East, all lying and o °000 being in Collier County, Florida. Less and except Lots 1, 2, 3, 3 E, 45 and 46. was sold to Koresh Properties, LLC, a Florida limited liability company, c/o Conroy, Coleman & Hazzard, P.A., 2640 Golden Gate Pkwy. 9115, Naples, FL 34105 Bid Amount:$_1,000.00 d 0 WITNESS my hand and seal of the court on January 9, 2004. DWIGHT E. BROCK, Clerk of the Circuit Co BY: Depu Clerk . t COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CENA20120017642 � BOARD OF COUNTY COMMISSIONERS, Petitioner vs. KORESH PROPERTIES LLC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 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 violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3006 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on 10/29/2013. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Removal of all Collier County prohibited exotic vegetation. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of October, 2013, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 1 Daa o s Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER to (?r affirmed) andTubscribed before me this of t' . , 2013 by David Jones of otary Public) os►� "'�� SHIRLEY GARCIA * * MY COMMISSION I DD 943980 • • �� • ` • �J-=+i •SCI @.M1R.•ii�f•�cJf��Y�f�r�l Personally known -\/ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSE EMILIO MORALES, Respondent(s) NOTICE OF HEARING Case: CESD20130003648 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: 11/22/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3745 Randall BLVD SERVED: JOSE EMILIO MORALES, Respondent Tony Asaro, 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 CONDIUSSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducide an el idioma Ingles. Servicios the traduccion no saran disponibles an la audienda 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 fa tradiksyon. Si ou pa pale angle tanpd vini avek yon inlepret you pale you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20130003648 JOSE EMILIO MORALES, 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 041 -41 as amended, Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) 2. Description of Violation: Unpermitted electric, plumbing and alterations throughout main structure. Unpermitted shed with unpermitted electric and plumbing. 3. Location/address where violation exists: 3745 Randall Blvd Naples, FL 34120 Folio: 40183520001 4. Name and address of owner /person in charge of violation location: Jose Emilio Morales 3745 Randall Blvd Naples, FL 34120 5. Date violation first observed: March 8, 2013 i-. 6. Date owner /person in charge given Notice of Violation: April 16, 2013 7. Date on/by which violation to be corrected: May 2, 2013 8. Date of re- inspection: July 26, 2013 9. Results of Re- inspection: Violation(s) remain. 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 fora public° earing. Dated this _day of 2013 Sherry Pditerson Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER wo to (or aff i d) and subscribed before thi( al y o` yl.l .P , 2013 (ignature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) r Personally known or prod identification Type of identificatib produced REV 1 -2 -13 NOTARY PUBLIC -STATE OF FLORIDA Colleen Crawley 'f = Commission rEE129317 Expires: JU?JE 07, 2014 BONDED THRD ATLA1\'TIC BONDING CO., INC. Case Number: CESD20130003648 Date: April 15, 2013 Investigator: Sherry Patterson Phone: 2392522314 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MORALES, JOSE EMILIO 3745 RANDALL BLVD NAPLES, FL 34120- Location: 3745 Randall BLVD Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 68 E 75FT OF TR 103 Folio: 40183520001 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(13)(1)(a) AND Section 10.02.06(B)(1)(e)(i) 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 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: Through Collier County Sheriffs Office photograph(s) violations consisting of: Unpermitted electric, plumbing and alterations throughout main structure Unpermitted shed with unpermitted electric and plumbing ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Obtain all required Collier County Building permit(s), inspection(s) and certificate of completion for unpermitted electric, unpermitted plumbing and unpermitted alterations to main structure OR alternatively, obtain Collier County Demo permit.. inspection(s) and certificate of completion for electric, plumbing and alterations. 2. Obtain all required Collier County Building permit(s), inspection(s) and certificate of completion for unpermitted shed, unpermitted electric and unpermitted plumbing OR alternatively, obtain Collier County Demo permit, inspection(s) and certificate of completion for shed, electric, and plumbing. 3. All required inspection(s) and certificate(s) of occupancy /completion must be obtained within 60 days after the issuance of after the fact permit(s). ON OR BEFORE: 512/2013 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: 7 INQUIRIES AND COMMENTS SHOULD BE /:' DIRECTED TO CODE ENFORCEMENT ` �� 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252 -2440 FAX: 239 252 -2343 Sherry Patterson gnature 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. 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. 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. Developmentof 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. III] and the growth management plan. B. Building or Land Alteration Permits. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action onbuildingor landalterationperrnits. 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. b. Application forbuildingoriandalterationpermit. 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- streetloading 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 arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. ^ d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance ofbuildingpermit. 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). n I—\ �1 This Document Prepared By and Return to: Greily Rodriguez Ideal Title Solutions, LLC 7550 Mission Hills Drive, Ste. 320 Naples, FL 34119 Ph:239- 352 -5333 Fax:239- 352 -5330 Parcel kD Number: 4018352 0001 Corrective Warranty Deed 0 This Indenture, Made this 7 day of July Magaly Judith Reyes, a single woman of the County of Collier Jose Emilio Morales, a single man * ** 4050467 OR: 4261 PG: 1712 RECORDED in OFFICIAL RECORDS Of COLLIER COWY, FL 07/24/2007 at 08:24AM DHIGH7 E, BROCK, CLERK RIC FEE 10,00 DOC-,10 ,10 Retn: IDEAL 7ITLE SOL"IORS LLC PICK BP , 2007 A.D. State of Florida whose address is: 3745 Randall Blvd. , Naples, FL 34120 Between , grantor, and of the County of Collier , State of Florida , grantee. Witnesseth that the GRANTOR, for and in consideration of the sum of -------- --------- - - - - -- -TEN DOLLARS ($10) ----------------- - - - - -- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said GRANTEE and GRANT'EE'S heirs, successors and assigns forever, the following described land, situate, lying and being in the County of Collier State of Florida to wit. The East 75 feet of the East 150 feet of Tract 103 Unit 66, GOLDEN GATE ESTATES, according. to then at, ,reof, recorded in Plat Book Sr page 90, of the Public Re¢t r l Ai�,County, Florida. Subject to current Conveyance between stamps are affixed. This Deed is being r recorded on 04/27/07 Records of Collier C the grantor. /0". s,�asements and 415y, Florida; wh` h lead-, tions of record. documentary Pain Quit Claim Deed 0, Page 0163, Public the marital status of and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsocvcr. In Witness Whereof, the grantor h hercunto set hand and seal the day and --vear first above written. Signed, sealed and de&ve ed ce: ). l (Seal) Printed Name Magaly Ju 'th Reyes Witness P.O. Address: 25g Wild Pines Lane, Apt g20 Naples, FL 34112 Printed Name: Witness STATE OF Florida COUNTY OF fy�� The foregoing instrument was acknowledged before me this day of July , 2007 by Magaly Judith Reyes 7 who is personally known to me or who has produced as identification. GgEILY RODRIGUE7 •'' t DD c20�21 :. +Y COtaI.;;sslcff= ted N eZ �? - Prin . �^'pz Notary Public, My Commission Expires: 07 -041 t— G—d by o Displry Synem,, Inc., 2007 (66))'163 -5555 Fmm FLW0.1 COLLIER COUNTY CODE ENFORCEMENT BOARD [�e��i�� : _ ��7� � ► ��c��I�I�Ic�Z�:3 Board of County Commissioners, Collier County, Florida Vs. Jose Emilio Morales Violation of Collier County Land Development Code 04 -41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Sherry Patterson, Code Enforcement Official Department Case No. CESD20130003648 DESCRIPTION OF VIOLATION: Unpermitted electric, plumbing and alterations throughout main structure. Unpermitted shed with unpermitted electric and plumping. 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jose Emilio Morales Inv. TONY ASARO Department Case No CESD20130003648 INVESTIGATIONS 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 County Staff Clerk of Board Fees Hours Per Hour 0.5 $65.00 $0.00 Total $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 Hours Per Hour Total 0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 $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 Pages Per Page 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 County Staff Clerk of Board Fees Hours Per Hour 0.5 $65.00 $0.00 Total $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 -��i •,rte` �� rY::� ... 9 1V a r • lry 1 � II, 1f r� y eT x fi T ^ J t tl rw-rA Id A n I \/ \� \^ . � / \ \�\ / �/ \\ IRI PIT 77 i 4rl? m - - - - - - - - - - - - - - - - - - - - - - - - - - ,fir i wt Awl ry ro T. 4rl? m 00 m i 11 4b 0 3<0 4 I? r` rF 3�q-8 f ,�x C 3�4g . . CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120002477 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSE MARTINEZ, 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: 11/22/2013 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: 1155 W Main ST SERVED: MARTINEZ, JOSE, 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 -8600; 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 reran disponibles an la audiencia gusted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. Avefisman — 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. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD "'COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESDM120002477 Jose Martinez, 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 uncoi- ected 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: An unpermitted addition attached to the rear addition and an unpermitted shed build without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy /completion as enquired by the Collier County Land Development Code. Also a rear addition that was permitted but permit has expired permit number 960014426, without the required inspections and certificate(s) of occupancy. 3. Location /address where violation exists: 1155 W. Main St., Immokalee, FL. 34142 Folio 3554000003. 4. Name and address of owner /person in charge of violation location: Jose Martinez P.O. Box 312 lrmmokalee, FL 34143. 5. Date violation: first observed: February 16, 2012. 6. Date owner /person in charge given Notice of Violation: June 25, 2012. 7. Date on /by which violation to be corrected: July 22, 2013. 8. Date of re- inspection: August 28. 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 22 day of October, 2013 - Maria Rodriauez Code Enforcement Investitrat STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirm nd subscribed before this,2�iay of , 2013 by / gPGdn (Sign tune of Not Public) ( Print /Type /Stamp��C��o�pmmm'isssio ed �o1�JtY Py PNd MAR i URGA i REV 1 -2 -13 * * MY COMMISSION # EE 157053 EXPIRES; April 20, 2016 �''►roF�oa�OF BMW Thro NWW .WM' Wm Case Number: CESD20120002477 Date: June 22„ 2012 Investigator: Maria Rodriguez Phone: 239 - 867 -4553 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARTINEZ, JOSE PO BOX 312 IMMOKALEE, FL 34143 Location: 1155 W Main ST Unincorporated Collier County Zoning Dist: RMF -6 Property Legal Description: GLENDALE LOTS 1 +2 Folio: 35540040003 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 PU D 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)(2) 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 : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A unpermitted addition attached to the rear addition and a unpermitted shed built without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy /completion as required by the Collier County Land Development Code. Also a rear addition that was permitted but permit has expired permit number 960014426, without the required inspections and certificate(s) of occupancy. 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 obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. OR Must apply for and obtain a Collier County Demolition Permit and remove said improvements including materials from property and restore to a permitted state and request inspections through and including certificate of occupancyicompletion. ON OR BEFORE: 07/22/2012 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 In estigator Signature Maria Rodriguez 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient 0 f /l �� Jr rl �� a �• � �� Printe Name of Recipient Date 6 �,: �; - '/Z N� 10.02.06 - Submittal Requirements for Penults 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. b. 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. 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 petlllon 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 �1 prior to the Issuance of any required county development orders or permits and commencement of construction or development. S. 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. 1111 and the growth management plan. Building or Land Alteration Permits. 8 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 permll(s), Inspections and certlficate(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 )urlsdictlon, FOR OFFICIAL USE ONLY: PARCEL # 35540040003 2217049 OR: 2339 PG, 2932 UCOlD1D is 0111CIAL UCOW of mikill =M, 11 01/20/97 at 01:12AM DYIGr 1. BIM, CLUL Cd13 34000.00 UC !A 10.51 This Instrument prepared and recorded %, DOC -.11 231 .00 BRENDA L. BAKE YUITM TITU Cal! FLEETWOOD TITLE CORPORATION t 0 801 1I05 "14 LEE BLVD., SUITE 106, U112 AC118 !L 33170 1105 LE HIGH ACRES, FL 33936 REC $ 10.50 RPTT $238.00 TOTAL $248.50 PAGE 1 OF 2 THIS WARRANTY DEED FTC- 35760 -BLB Made the 11th day of AUGUST, A.D. 1997 by LZON GAM TT, hereinafter called the: grAtc�r�t: acquiring title thrau b- 'Ifietrament i/ ecorded in 0. R. Book 1628, Page 1469 in than ptit�l;fc records of CoIAI.�tr County, Florida. to JOS3i MARTINZZ „/ A R13D., XhU r whose post office a�idreas�isi 108 WHITE WAY IMIMiOKALEE, ; F14 /-�\11�,341431'•, herein called the grant "es (wherever used he -t,61 - a grin , grantox" :-,and "grantee" include all the parties \t-cs \this instrume,inst and ;`beirs, legal representatives 4T0'd \assigns of inal viauii -,i -, and tha successors and assigns of corporations) � j consideration of the 11 =3'liSl8llETB t That theme q�r�rn�or, for 8�ri��.n sum of $10.00 and other i4l4ai7:%.,-,c,on.s„iideration, receipt whereof is hereby acknowledged, �z4bVe*s aYid confirms unto the grantee, all that certain land situate in Collier County, Florida, vie LOTS 1 AND 2, OF THAT CERTAIN SUBDIVISION KNOWN AS GLENDALE (ALSO SOMETIMES SPELLED GLENNDALH) ACCORDING TO THE MAID OR PLAT THEREOF, RECORDED IN PLAT BOOR 2, PAGE 102, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BUBJECT PROPERTY IS NOT NOW, NOR HAS IT EVER BEEN THE HOMESTEAD PROPERTY OF THE GRANTOR. ` OR; 3339 PG; 2933 "t PAGZ 2 OF Z TOORTSRR with all the tetrements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AM 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;,art at IA -id land is free of all °a —� T. encumbrances, except t X'S' aoaru 'Z". ilbsequent to December 31, 1996. Subject to eaisaents, restr'lctiona, reservations, conditions and limitations of record `is the public records of Collier County, in 1fMESS WKZRS0?, /' t,ha,,s^ 'g ',A : -ta a \signed and sealed these presents the day; and year trsebave► +wrilttan. T I 14d -n& ideiv" ' i4in_c ur Signed, sea 0 IY i i•. i�YY f \_ LAvN/ CiARR iTT —s 1 o� �BkYOBS I DE DRIVE PR n NAME OF WITNESS.._, `J.' 4 z!CAU TIN, LA 70344 S8 (T9iQ SEPARATE WITNESSES PRINTED NAME OF WITNESS -- STATE OF COUNTY OF The forego g instrument was acknowledged before asp this Il ve- dray of , 2997 by LEON GARRETT, who is per—tonally na ly known to &A did pro uce acceptable identification being in the form of 'A-; ' r r i •Ce � f anti. who did 'dltltf "tana the body of th1s� nstrument and id sign this insst i sent of their own free act and deed. o a C (�at'►ry is) J t_ !ty Caa�is�„i.on Expires: , PRINTED NAM31 OF OVARY PUBLIC 4� BOARD OF COUNTY COMMISSIONERS Collier County, Florida n Petitioner, vs. Case No. CESD20120002477 Jose Martinez , Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Jose Martinez, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120002477 dated the 22nd qay of June, 2012. 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 November 22nd 2013 to promote efficiency in the administration of the code enforcement priocess;. 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 $80.86 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(s) or demolition permit inspections and certificate of completion /occupancy within 120 days of this hearing or a " fine of $250.00 per day will be imposed until the violation is abated. t° 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 a essed to the property owner. ,s portdent epresentative (sign) 4-e Jeff rig fit, Director Code Enforcement Department l� 1q I Re ondent or Representative (print) ate Date n REV 7/8/13 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20120002477 Board of County Commissioners, Collier County, Florida Vs. Jose Martinez 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. CESD20120002477 DESCRIPTION OF VIOLATION: An unpermitted addition attached to the rear addition and an unpermitted shed build without first obtaining the authorization of the required permit(s), inspections and certificates) of occupancy /completion as enquired by the Collier County Land Development Code. Also a rear addition that was permitted but permit has expired permit nLirnber 960014426, without the required inspections and certificates) of occupancy 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Jose Martinez Inv. MARIA RODRIGUEZ Department Case No CCESD20120002477 INVESTIGATIONS Hours Per Hour Total I FINDING OF FACT HEARING Cony Costs & Mail Fees Pages Copies Per Page Total Black & White 10 130 0.022 $2.86 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $7.00 $7.00 $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 Document Recording (First Page) Document Recording (Addi Pages) Pages Per Pane 1 $10.00 3 $8.50 $10.00 $25.50 FOF Total 80.86 Document Recording (First Page) Document Recording (Addi Pages) Pages Per Page 1 $10.00 1 $8.50 Total Operational Costs $80.86 $0.00 $0.00 $0.00 IOF Total $0.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees RAM 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 Document Recording (First Page) Document Recording (Addi Pages) Pages Per Page 1 $10.00 1 $8.50 Total Operational Costs $80.86 $0.00 $0.00 $0.00 IOF Total $0.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20130012095 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TRYON K LIPPINCOTT, 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: 11/22/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Nuisance Vacant/Unoccupied Not Secured22 -242 LOCATION OF VIOLATION: 4390 23rd PL SW SERVED: TRYON K LIPPINCOTT, Respondent John Santafemia, 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: Esta audiencia sera conducida an at idioms Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angld. Nou pan gin moun you fer tradiksyon. Si ou pa pale angld tanpri vini av6k yon inteprbt you paid you -ou. r1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEPM20130012095 Board of County Commissioners, Collier County, Florida Vs. Tryon K. Lippincott Violation of Ordinance /Section(s): Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(12)(c), Section 22 -242 John Santafemia, Code Enforcement Official Department Case No. CEPM20130012095 DESCRIPTION OF VIOLATION: Dwelling is unsecure creating a nuisance and roof soffit is in disrepair. 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. Obtain any required permits, inspections and Certificate of Completion and repair the roof soffit and secure the structure in accordance with the Property Maintenance and Housing Code within days of this hearing or a fine of $ will be imposed for each day the violations continue. 2. The respondent must notify the Code Enforcement Investigator when the violations have 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 �- N COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20130012095 LIPPINCOTT, TRYON IC, 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 ofOrdinance(s): Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(12)(c), Section 22 -242 2. Description of Violation: Dwelling is unsecure creating a nuisance and roof soffit is in disrepair. 3. Location/address where violation exists: 4390 23`d Place SW Naples, FL 34116 4. Name and address of owner /person in charge of violation location: TRYON K. LIPPINCOTT, 2457 Quimper Ave SE Palm Bay, FL 32909 n 5. Date violation first observed: September 03, 2013 6. Date owner /person in charge given Notice of Violation: September 18, 2013 7. Date on/by which violation to be corrected: October 16, 2013 8. Date of re- inspection: October 31, 2013 9. Results of Re- inspection..: Violations remain 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_fizir/a public 1paring_ Dated this 5th day of November, 2013 Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 5th day of November , 2013 by (Signature Nota Public) LI (Print/Type /Stamp Commissioned o��rtr ruBCi KIMBERLY BRANDES MY COMMISSION # FF 048468 * EXPIRES: September 17, 2017 Nl�TF Bonded Thro Budget Notary Services (IF Fti��\OC Personally known \x- or produced identification Type of identification produced REV 1 -2 -13 Name of Notary Public) Case Number: CEPM20130012095 Date: September 18, 2013 Investigator: John Santafemia Phone:2392522440 Owner: LIPPINCOTT, TRYON K 2457 QUIMPER AVE SE PALM BAY FL 32909- Location: 4390 23rd PL SW COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Unincorporated Collier County Zoning Dist: RSF- 3- GGDCCO Property Legal Description: GOLDEN GATE UNIT 1 BLK 13 LOT 9 Folio: 3564BD8DOD4 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 Maintenance Code , Section 22- 231(12)(c), Chapter 22, Section 22 -242 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building.: 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: Dwelling is unsecure creating a nuisance and soffit in disrepair. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Secure all windows and doors and make repairs to soffit. ON OR BEFORE: 1011612013 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 -af prosecution. Jrfvel gator ignature JohnS)antafemia Maintenance & Housing Specialist 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 AFFIDAVIT OF MAILING Respondent(s): mailed NOV certified 7012 3460 0001 7007 0844 CEPM20130012095 NOV JS #38 LIPPINCOTT, TRYON K 2457 QUIMPER AVE SE PALM BAY, FL 32909 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] % 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: CEPM20130012095 ��Domesfr��►�O�IX„Nc�lnsu�aQC� CQVpK�etPrav�dedlx :� i Ea�tleltteryinfo' ma# io�ZisiGqutcyuelisifeeaiwu ¢wuspscomm- �,..�> i Postag i r-q Certified Fee M 0 Return Receipt Fee r-1 (Endorsement Required) Restricted Delivery Fee 0 (Endorsement Required) ri rr ru a 0 Postmark Here J CEPM20130012095 NOV JS #38 LIPPINCOTT, TRYON K 2457 QUIMPER AVE SE PALM BAY, FL 32909 I Neil Day, Code Enforcement Official, hereby swear and affirm that a truce it or ect copy of the notice referenced 1 � rN = above, has been sent First Class U.S. Mail to the above respondent at 2457 QUIMPER AVE SE PALM BAY, FL 32909, on _9/18/13_ (Date), at _11:25am_ (Time). t7 (Signature of ode n rc ent Official) Neil Day r STATE OF FLORIDA COUNTY OF COLLIER. Sworn to (or affirmed) and su(b.-5cribed, before. me this /y�!day of� l - 2013 by Neil Day (Name of person maKing statement) X Personally known Produced identification )e of identification produced Signature of Notary �. % 7 2os�rcr rvko: / KIMBERLY BRANDES MY COMMISSION M FF 048468 * * EXPIRES: September 17, 2017 N'f ee� °! Bonded Thru Budget Netary Services (Print, type or stamp Commissioned Name of Notary Public) N Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery A. Signatu / is desired. IN Print your name and address the ❑Agent X/ ^/ on reverse L //� C'Addressec so that we can return the card to you. ® Attach this card to the back of the mailpiece, or on the front if space permits. g. c (panted Name) Date of of ven i I. Article Addressed to: D. Is delivery address different from item 14 ❑ s If YES, enter delivery address below: l0 CEPM20130012095 NOV JS #33 LIP'PINC07 TRYON K 2457 QUIMPER AVE SE PALM BAY, FL 32909 Sewice Type SR�Qertjfied Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for.Merchandi, ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? fExtra Fee) ❑ Yes 2.. Article Number (Transfer from service lab. 7012' 3 4 6 0 0001 7 0 0 7 0844 PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -194, 1 CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATIONS ARTICLE VI. PROPERTY MAINTENANCE CODE Sec. 22 -231. Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 12.EATERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS — all the following component of a dwelling unit shall be maintained in good condition. c. ROOFS— Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. 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 n Ordinance. VIT M Ri d' c� ° p o n V s �c M a• 44 O ma z 11—\ WOS610 COLLO .XTr x.+af eta` 4-0-- fk* tetl*a--40 eA& p!! Of Mt7 It03; n£C -M. : tear #t IIM� �► tMr zt-+x tst�i;.�;. a tt,;e -r.� �,� t�.� aat[tPbeliEaAiiiK+�axiclttec�E iraxa #t.`+e L �. eE:titzrtk:t t�'aE c�.ckr x��i i'�±('�ta+�icttC,xac et�+Fysc� a'k'rat[s€nt#ee €t� to TRTW K. LIF£'S=GTS and :.YiWe.* F. his Vife Fftcx:fkttic:t beating date the 13th coy of uecerrt.5er AS). t979 . t_';'_gjcd in f)fUK41 Ret;ord. tkxok 0847 franc 0327 in the ntPtce of the Cietk of the coLuit Gnin of COLLIER County. %ue nt Ftartkk securing a cmatn rxxe in the F:iiin`ifsi: ur ^: of T :-:f Sf OlFE T_.a OW9AND 4141 MAW— '000.00) - -------------------------------- --------------------- attain ptornia,& and oblig:ttimm set fnnh in saidniortipige deed. upon the pft4vrty situate In wtd VXc and Count)' drsctibcd as folkta►s, ttsait: Lot 9, Block 13, GOLDEN GATE, Unit No. 1, according to the plat thureof f recorded in Plat Book S, Pages 60 through 64, inclusive, of the - PUhlic Records of Collier County, Florida. inf hereby acknoaiedges full pay �y� c ossal , hereby Or" the Clerk of th =w rcu� ~` ttt to th' t '... (CORPOItATP be e•CeenlCCl In its Y- 5Fe1i i. s _ fficers hereunto duh ` A 1993 arr�l fytrdnders the same as cancelled, and � [t �L. the sti ration has caused these presents e hereunto affixed. by its proper t y of May ;••: it ' i7 ` ..:•'.:,J - -. Sigried,`ied and delneied in the presences : 'lip p !J /,., ��,� sda Baw P.O. tics 4 1.M Xaplcc FL 3391) -3D' 4 can GiliMen G � t �� 3 S=K Var Pirsidcnt SPATF. OF FLORIDA COUNTY OF COLLIER I HFREDY CERTIFY that on this clay, before nee, an officer duh• autharized in the State and County aforesaid to take acknrnifedgenients ,pennaffyappearml S. Joseph Eisner, personaih' well known to me to he the Vice President of BancHorida, a corporation, he /she did ncx take an oath, and that he /she ackntMedged executing the same in the presence of mel suh.Wribing witnesses frech, and %iAuntarily under authoritt duly rested in him/her by said cuiporatirnl and that the seal affmcd hereto IS the true corporate seal of Slid corporation, NXTINESS nit, stand and official seal in the Count, and State ias[ aforesaid thiS20th clay of May , tD. 1993. `-� Not Public �tt6 _COQ 5 ' .iAFII,FO a -: •.eta ,c; Fir Q• ROTARY PUBLIC STATE OF FLORIDA c- c °'tt�t�N�tl`C W- COMMISSION EXP. APR.16,199E t1•35c 6/9? SONDEO TNRU GENERAL INS. UN9. CM O co r t� oV Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. TRYON L. LIPPINCOTT Inv. JOHN SANTAFEMIA Department Case No CEPM20130012095 Document Recording (First Page) Document Recording (Addi Pages) FINDING OF FACT HEARING Per Page $10.00 $8.50 Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three -Hole Punch 0 0 $0.75 $3.00 Mail $7.00 $7.00 Mail $7.00 r-TI-2 County Staff Hours Per Hour Total Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Document Recording (First Page) Document Recording (Addi Pages) Pages 1 3 Per Page $10.00 $8.50 $10.00 $25.50 FOF Total 80.29 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 (Addi Pages) 1 $8.50 $0.00 $0.00 IOF Total $0.00 Total Operational Costs $80.29 d D N r L73 r =a l(1 N I COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20130005435 Board of County Commissioners vs. PNC BANK NA, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B) (1) (e) (i) Location: 1861 8TH ST NE, NAPLES, FL 34120; Folio 37751040007 Description: Garage conversion does not have permit. Past Order(s): On August 22, 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 4962 PAGE 803, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 22, 2013. The Fines and Costs to date are described as the followinu: Order Item 91 & 2 Fines at a rate of $200.00 per day for the period between October 22, 2013 and November 22, 2013 (32 days) for the total of $6,400.00. Fines continue to accrue. Previously assessed operational costs of $81.15 have not been paid. Total Amount to date: $6,481.15 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20130005436 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PNC BANK N A, 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: 11/2212013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(13)(1)(e)(i) LOCATION OF VIOLATION: 1861 8th ST NE SERVED: PNC BANK N A, 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 NOTIFICACION: Este audiencia sera conducida an el idioms Ingies. Servicias the traduccion no saran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento con tas comunicaciones de este evento. Por favor traiga su propio traduetor. Avetisman — Tout odisvon 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. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, vs. Petitioner, CASE NO.: CESD20130005435 PNC BANK NA. Respondent, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 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 PNC Bank NA is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the n Respondent, having been duly notified, failed to appear 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 1861 8ffi Street N.E.,2, Naples, Florida 34120, Folio 37751040007, more particularly described as the South 75 feet of the South 150 feet of Tract 140, GOLDEN GATE ESTATES, UNIT 23, according to the plat thereof, as recorded in Plat Book 7, Pages 9 and 10, of the Public Records of Collier County, Florida, is in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(e)(i) in the following particulars: Garage conversion does not have a Collier County Building Permit, 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, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(e)(i) be corrected in the following manner: I. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days (October 21, 2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by October 21, 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. INSTR 4886366 OR 4962 PG 803 RECORDED 9/6/2013 10:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 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 $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 01 day of 2013 at Collier County, Florida. / 2890 North Hk rse rive 'Niples, Florida 34 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The for5going instrument was acknowledged before me this day of 2013,rby Robert Kaufman, Chair of the Code Enforcement Board of Collier Coun , Florida, who is ��// personally known to me or who ha produced a ida Dr'ver's License as identification. i KAREN G BAILEY NOT Y PUBL =� ;= My commission expires: MY COMMISSION # EE 121 EXPIRES February 14, 2017 ERTIFICATE OF SERVICE 407) 398 -0153 FtoridallotarySarke.wm I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to PNC Bank NA, 1861 8th Street NtE.,2, Naples, Florida 34120 and PNC Bank NA, 3232 Newmark Drive, Miamisburg, OH 45342 this -L-,7- day of 1 , 2013. l) State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a document on file in Board Minutes and Records of Collier County f V TN�S my hand and official seal this y. r „day of TIGHT .BROCK, CLERK OF COURTS M. Jear>A- awson, 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. PNC BANK N A, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20130005435 BEFORE ME, the undersigned authority, personally appeared James Davis, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 22, 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 Pen-nit through required inspection and certificate of completion/occupancy within 60 days as stated in the Order recorded in the public records of Collier County, Florida in OR 4962 PG 803. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on October 22, 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: No new permits. FURTHER AFFIANT SAYETH NOT. DATED this 22nd day of October, 2013. COLL OUNTY, FLORIDA CODE OR MENT BOARD James Davis Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn toTor affirme and subscribe efore me this 22nd day of October, 2013 by James Davis (Signature of Notary Public) 'evt NEIL C, DAY (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � * # MY COMMISSION # rr'UW471 EXPIRES: August 26, 2017 Nf4�oF�� \bt liondedihru budget N*gServices COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120006666 Board of County Commissioners vs. REALEST HOLDINGS OF TIENDA MEXICANA, INC, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B) (1) (a) Location: 217 N 15TH ST, IMMOKALEE, FL 34142; Folio 00131360004 Description: A screen enclosure with a sink, open freezers with electric and upright door refrigeration coolers with electric and a counter space attached to the office all installed 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. Also, there are (4) expired permits: 2011020704, 2011020699,204110460,920013727 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 1669, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 22, 2013. The Fines and Costs to date are described as the following: Order Item # 1 &1 Fines at a rate of $250.00 per day for the period between September 21, 201' ) and November 22, 2013 (63 days) for the total of $15,750.00 Fines continue to accrue. Previously assessed operational costs of $81.15 have been paid. Total Amount to date: $15,750.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120006666 COLLIER COUNTY, FLORIDA, Plaintiff, vs. REAL EST HOLDINGS OF TIENDA MEXICANA INC, 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: 11/22/2013 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: 217 N 15th ST SERVED: REAL EST HOLDINGS OF TIENDA MEXICANA INC, 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 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 11—\ 34112 (239)7746800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida an at Idioms Ingles. Servidos the traduccion no saran disponibles an is audiencia y usted sera responsable de proveer su propio traductor, pars un major entendimiento can las comuntcaciones de este evento. For favor traiga su propio traductor. Avetisman – Tout odisyon yo fat an angle. Nou pan gin moun you f6 tradksyon. Si ou pa pale angle tanph vin! av6k yon intepret you pale you -cu. INSTR 4851525 OR 4931 PG 1669 RECORDED 6/1112013 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. REAL ESTATE HOLDINGS OF TIENDA MEXICANA, INC. Respondent CASE NO.: CESD20120006666 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 Real Estate Holdings of Tienda Mexicana, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation.. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 217 N. 156' Street, Immokalee, Florida 34142 Folio 00131360004, more particularly described as the North 132 feet of the East one -half of the Northeast one - quarter of the Southeast one - quarter of the Northeast one - quarter, Section 5, Township 47 South, Range 29 East, Collier County, Florida, is in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: A screen enclosure with a sink, open freezers with electric and upright door refrigeration coolers with electric and a counter space attached to the office, all installed without first obtaining the authorization of the required permit, inspections and Certificate of Occupancy as required by the Collier County Land Development Code, Also four expired Permits 2011020704, 2011020699, 204110460 and 920013727. 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, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. 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 $250.00 per day for each day until the violation is abate.` 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 $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 day of A(a—), 2013 at Collier County, Florida. ODE ENFORCEMENT BOARD Drive STATE OF FLORIDA ) Naples, F1 04 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of -�%- , 2013,,by Robert Kaufman, Chair of the Code Enforcement Board of Collie County, Florida who is v personally known to me or who has roduced aY4er:ida Driver's License as identification. b L l� � �� 5 , G BAILED � �,, KAFZEPI NO'I)ARY PUBLIC ;�' MY COMMISSION # EEB75121 My commission expires: EXPIRES February 14, 2017 398-0153 FforidsNoterysc' °DR 1407) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Real Estate Holdings of Tienda Mexicana, Inc., 4227 Regal Ct., Delray Beach, FL 33445, R.A.: Antonio Puente, 3740 Lowson Blvd., Delray Beach, FL 33445 this day of 2013. State of Fionda KMJ a. Florida Bar No. 750311 County Of COLLIER — Attorney Attorney for the Code Enforcement Board 1 HEREBY CERTIFY TH,�T'h?§ a true and 681 Goodlette Road N., Ste. 210 Naples, ,!` correct cur l C` a r ua G) ' on tal? in Florida 34102 (239) 263 -8206 Board 14`:40,Ut;c U d R- 6t;7C._Of LOlhef County . VV�TI C Ili'1� lland an(, (al seal this S GK, Ql-tFK OF COURTS D` [Gf T E. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. REAL EST HOLDINGS OF TIENDA MEXICANA INC. Respondent(s), STIPULATION /AGREEMENT Case No. CESD20120006666 COMES NOW, the undersigned, Antonio Puente, as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120006666 dated the 19th day of July, 2012. Ih consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; 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 $81.15 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 120 Days of this hearing or b " 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 brinp the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enf i d,'I e provisions of this agreement and all costs of abatement shall be assessed to the property own I—N, Respon ,dint t o res ve (sign) 41� Diane Flagg, Director Code Enforcement Department Respondent or , epresentati e (print) Date Date REV 1/4/12 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY CEB CASE NO. CESD20120006666 BOARD OF COUNTY COMMISSIONERS, Petitioner vs. REAL EST HOLDINGS OF TIENDA MEXICANA INC, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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: 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 Boole 4931 PG 1669. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on September 24, 20D. 4. That the re- inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent failed 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 ). ' FURTHER AFFIANT SAYETH NOT. DATED this 10 day of October, 2013. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official S,xorn to (or affirmed) and subscribed before me this day of AA —LA C.VIP c'-- . 'jSignature of Votary Public) a °`; •• n SHIRLEYGAR= 5 * * MY COMMISSION 6 DD 943980 Jir EXPIRES: December 21, 2013 (Print/Type /Stamp Commissioned Nanie of Notary Public Personally known � O 2013 by Maria Rodriguez CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20130011083 COLLIER COUNTY, FLORIDA, Plaintiff, vs, JUAN HERNANDEZ & ADRIANNA GARCIA , 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: 11/22/2013 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Boarding Certificate Renewal22- 241(4) LOCATION OF VIOLATION: 1521 Golden Gate BLVD W SERVED: JUAN HERNANDEZ & ADRIANNA GARCIA, 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 COMMISSIONERSWFICE NOTIFICACION: Este audiende sera conducida an el idioma Ingles. Servicios the traduccion no saran disponibles an la audiencia y usted sera responsable de provaer su propio traductor, pars un mejor entendimiento con las comunicaclones de este evento. Par favor traiga su propio traductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin moun you f0 tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprst you pale you -ou. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEPM20130011083 Board of County Commissioners vs. JUAN HERNANDEZ & ADRIANNA GARCIA, Respondent(s) Violation(s): Collier County Code of Laws and Ordinances, Buildings and Building Regulations, Property Maintenance Code. Article VI, Chapter 22, Sections 22- 242, 22- 241(1), and 22- 231(12) (i). Location: 1521 Golden Gate Blvd. W., Naples, FL 34120; Folio 37060160005 Description: The home is vacant and unsecured with a large hole in the wall. Past Order(s): On August 22, 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 4962 PAGE 782, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 22, 2013. The Fines and Costs to date are described as the followin : Order Item # 1 & 3 Fines at a rate of $500.00 per day for the period between August 29, 201' ) and October 14, 2013 (47 days) for the total of $23,500.00 Fines continue to accrue. Order Item # 2 & 4 Fines at a rate of $500.00 per day for the period between September 22, 2013 and November 22, 2013 (62 days) for the total of $31,000.00 Fines continue to accrue. Previously assessed operational costs of $81.72 have not been paid. Collier County incurred costs of $1,075.00 to abate paragraph 1 of the order. Total Amount to date: $55,656.72 7"e.L (239) 514 0103 FaX (239) 514 0556 WM- J. VARIAN CONSTRUCTION Co. Incl CGENE-RAL C0N7ZflC7"02 886 110'Ave N SuZte/#9 Naples; FI/ 34108 Se�vuu�Sozcth�iP.�-�Zo�Gdw�nc� 1989 Invoice 13 -076 -Date: 10/15/2013 Submit to: Ani San Roman CustomerService Specialist Growth Management Division Code Enforcement 2800 N Horseshoe Drive Naples, Fl 34104 Job Name: 1521 Golden Gate Blvd W P.O. # 4500141153 item 110 Code Case # CEPM20130011083 Provide labor and materials to board up house per proposal dated 9/10/13 Total Due Thank you for your business William J. Varian, CGR CAPS CGP President n $ 1,075.00 CCiC 061412 CCC 057950 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JUAN HERNANDEZ AND ADRIANNA GARCIA, Respondents, CASE NO.: CEPM20 1 300 1 1 083 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 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 Juan Hernandez and Adrianna Garcia 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, did not appear 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 1521 Golden Gate Blvd. W., Naples, Florida 34120, Folio 37060160005, more particularly described as the East 180 feet of Tract 2, GOLDEN GATE ESTATES, UNIT Number 10, according to the plat thereof, recorded in Plat Book 4, Pages 101 and 102, of the Public Records of Collier County, Florida, is in violation of the Collier County Code of Laws and Ordinances, Buildings and Building Regulations, Property Maintenance Code, Article VI, Chapter 22, sections 22- 242, 22- 241(1) and 22- 231(12)(i) in the following particulars: The home is vacant, unsecured with a large hole in the wall. 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 Collier County Code of Laws and Ordinances, Buildings and Building Regulations, Property Maintenance Code, Article VI, Chapter 22, sections 22- 242, 22- 241(1) and 22- 231(12)(i) be corrected in the following manner: I. By obtaining a Collier County Boarding Certificate and boarding any opening in the structure to required specifications within 7 days (August 28, 2013). 2. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion /occupancy within 30 days (September 21, 2013). INSTR 4886357 OR 4962 PG 782 RECORDED 9/6/2013 1022 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 28, 2013, then there will be a fine of $500.00 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 21, 2013, then there will be a fine of $500.00 per day for each day until the violation is abated. 5. 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. 6. 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. 7. That the Respondents are 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 hall not stay the Board's Order. DONE AND ORDERED this LZ' f day of 2013 at Collier County, Florida. C-PDf ENFOR EMENT BOARD /COLLIER C TY. FL01Z4DA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) les, Flora 34104 Drive The foregoing instrument was acknowledged before me this day of , �- 2013, bi obert Kaufman, Chair of the Code Enforcement Board of Collier Cou , Florida, who is personally known to me or who has produced a F4orjda Driver's License as identification. --NOTARY PUBLIC My commission expires: :; KAREN G BAILEY CERTIFICATE OF SERVICE =; MY COMMISSION # EE875121 ` EXPIRES February 14, 2017 I HEREBY CERTIFY that a true and correct copy of this ORI)ER ta"s been sent by U. S. Mail to Juan Hernandez and Adrianna Garcia, 1521 Golden Gate Blvd. W., Naples, Florida 34120 this( day of 2013 J�(L State of Florida County of COLLIER I HEREBY CERTIFY THAT-1his is a true and correct copy of a document. 6.61 file in Board Minutes and.Records of.Collier County W Tf SS m hand a d'- ffiaal seal this ;day of -' t DWIGHT E: OCK,.CLERkbF COURTS C. M. `Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Good] ette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs HERNANDEZ, JUAN ADRIANNA GARCIA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CEPM20130011083 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I'. That on August 22, 2013, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to board the structure as stated in the Order recorded in the public records of Collier County, Florida in OR Boo � }h'LPG 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 8 -30 -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: Home remains vacant and unsecurred. Home needs to be boarded per board orders. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of August, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this �L day of 2013 by Christopher Ambach _? v (gignature of Notary Public) NOTP ,Y PUBLIC- STr�TE OF FL ORIDA (Print/Type/Stamp Commissioned Name of Notary Public) heri';,' ,4dams EE005769 2 Personally known =;• sires: JUNE 30; 014_ BONDED THRU AT1.r1P11'1C BONDING CO., INC. Al-IN, COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20130011083 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. HERNANDEZ, JUAN ADRIANNA GARCIA, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 22, 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 4962 PG 782 , et. seq. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on October 14th 2013. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a Collier County Boarding Certificate and boarding any opening in the structure to required specifications. n FURTHER AFFIANT SAYETH NOT. DATED this 15th day of October, 2013. COLLIER COUNTY, FLORIDA CO ORCEMENT BOA Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this iS day of 2013 by Christopher Ambach Py ignature of otary Public) a SHIMEY GAFICIA MY COMMISSION # DD 943980 N, EXPIRES: December 21, 2013 0 �TFnFn�� (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. LJUBINKA PAVICEVIC, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20130001772 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: 11122/2013 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: 4638 Robin AVE ^ SERVED: PLJUBINKA PAVICEVIC, Respondent Delicia Pulse, 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 -6600; 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 la audienda y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio t aductor. Avetisman — Tout odisyon yo fat an angle. Nou pan gin noun you fe 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. CESD20130001772 Board of County Commissioners vs. LJUBINKA PAVICEVIC, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B) (1) (a). Location: 4638 Robin Ave, Naples, FL 34104; Folio 32483160001 Description: Garage conversion without Collier County permits, and permit 2004121935 for double doors at rear of structure without certificate of completion/occupancy Past Order(s): On June 27, 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 4942 PAGE 3836, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November ^ 22, 2013. The Fines and Costs to date are described as the followin : Order Item # 1 & 3 Fines at a rate of $200.00 per day for the period between July 3, 2013 and November 22, 201' days) for the total of $28, 600.00. Fines continue to accrue. Order Item # 2 & 4 Fines at a rate of $200.00 per day for the period between October 26, 2013 and November 22, 2013 (28 days) for the total of $5,600.00. Fines continue to accrue. Previously assessed operational costs of $80.29 have been paid. Total Amount to date: $34,200.00 r INSTR 4864407 OR 4942 PG 3836 RECORDED 7/1112013 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, vs. LJUBINICA PAVICEVIC, Respondent CASE NO.: CESD20130001772 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 27, 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 Ljubinka Pavicevic 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, failed to appear at the public hearing in person. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4638 Robin Avenue, Naples, Florida 34104, Folio 32483160001, more particularly described as Lot 1, Block E, FLAMINGO ESTATES, according to the Plat thereof, recorded in Plat Book 10, Page 34 of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: Garage conversion without first obtaining Collier County Building Permits and Permit 2004121935 for double doors at rear of structure without Certificate of Completion /Occupancy. 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, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By turning off the electricity within five days (July 2, 2013). 2. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion /occupancy within 120 days (October 25, 2013). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 2, 2013; then there will be a fine of $200.00 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 October 25, 2013, then there will be a fine of $200.00 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 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. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 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 \�D13 at Collier County, Florida. BOARD ER / 281 North ' or'se hoe Drive Naples, Flor) a 34104 STATE OF FLORIDA ) / i� )SS: c/ COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this _ day of \[!^ 2013 by' Robert Kaufman, Chair of the Code Enforcement Board of Collier 11 nty, lorida, who is personally known to me or who had produced a F orida Dnver�License as identification. ° KAREN C BAILEY' N ARY PUBLIC My COMMISSION # EE87512 commission expires:_ EXPIRES February 14, 2017 (4QT) J9t3•Q153 Florid ®Note Smvice.wm 1FICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O l Pavicevic, 4638 Robin Avenue, Naples, FL 34104 this day of � r Slate of ricrida Cou ?iv of COLLIER ^n—n�� ^v i r hi I H�.r,ro r C�_.i =:Tl� i T'ri, \T L�IS i's a true ain r; ccrr_:� - -. cony ,.� a Ji-�_ulil�f -:1 o;��a�le'in� Boat ... ll'=', � a r.-�C, r-d Cf' buJ t.OUI t/ • _ice i;�•� �j JI - E K:OPCOURTS vc has been sent by U. S. Mail to Ljubinka 2013. M. Jeaji Rawson, 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. PAVICEVIC, LJUBrM,,A, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20130001772 BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, 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 held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4942 PG 3836. 2. That the respondent did/did not contact the investigator. 3. That a re- inspection was performed on [October 28, 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: [Violation remains] FURTHER AFFIANT SAYETH NOT. DATED this [28th] day of [October], 2013. COLLIER COUNTY, FLORIDft' CODE ENF CEMENT BOARD r - - -- De �a uls-e Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinne ) and subscribed before me this, T_ day of (� C� ��"` 2.013 by Delicia Pulse `•0.Y PU8< * MFLY BRgNDES E (Signature.of No Pubc MY COMMISSION # FF 048466 * YPIRES, September 17, 2017 (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � drArEOF F4 °��` Bonded Thru Budget NaBrY Services COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. Petitioner vs. PAVICEVIC, LJUBINKA, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20130001772 BEFORE ME, the undersigned authority, personally appeared Virginie Giguere, 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 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 BookU_�G Z ;gyp V 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on July 6, 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 electricity was shut off to the garage addition and the room empty with no one living in it. The garage conversion still needs to be permitted or demolished and the double door p=-iit still needs CO. FURTHER AFFIANT SAYETH NOT. DATED this 9 day of July, 2013. COLLIER COUNTY, FLO CODE ENFORCEMENT/E Virginie- Giguere Code Enforce= STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 9 day of July, 2013 by Virginie Giguere _(Sig�iu•e ofNot6 Public) NOTARY FLPL.i 1 i;FFLOPSD @• (Print/Type /Stamp Commissioned Name of Notary Public) " .,° E_ri:•_: J ;;; BONDED THRC ,s' L:,: C ? OvZ li\ i. c0., IlJC. Personally known � CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MARK & ANNE SHORES, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20120015193 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: 11/22/2013 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: 431 12th AVE NW SERVED: MARK & ANNE SHORES, 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 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: Esta audiencia sera conducida an el idioma Ingles. Servicios the traduccion no saran 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. Av &fisman — Tout odisyon yo fat an angle, Nou pan gin moun you M tradiksyon. Si ou pa pale angle tanpd vini avek yon int&pret you pal& you -ou. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120015193 Board of County Commissioners vs. MARK & ANN SHORES, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06(B) (1) (a). Location: 431 12th Ave NW, Naples, FL 34120; Folio 37544720000 Description: Interior and exterior modifications to the home without first obtaining all required Collier County building permits, inspections, and a certificate of completion/occupancy. Past Order(s): On January 24, 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. On June 27, 2013 an Extension of Time was granted. See the attached Orders of the Board, OR 4883 PG 3214 and OR 4942 PG 3860, for more information. .-1 The property is not in compliance with the Code Enforcement Board Orders as of November 22, 2013. The Fines and Costs to date are described as the followin Order Item 9 1 & 2 Fines at a rate of $250.00 per day for the period between October 26, 2013 and November 22, 201' ) (28 days) for the total of $7,000.00. Fines continue to accrue. Previously assessed operational costs of $80.29 have not been paid. Total Amount to date: $7,080.29 ,^ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. MARK AND ANNE SHORES, Respondents INSTR 4864418 OR 4942 PG 3860 RECORDED 7/11/2013 11:38 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 CASE NO.: CESD20120015193 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, 11 .1 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. This matter is extended for a period of 120 days (October 25, 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 _; day of ''i),�-2013 at Collier County, Florida. Sitat�,, ';)rida Couni,,� of COLLIDE: I HDRD ='r CD °TIFY" TLAT t... is a true and corrsci c,; ; d :x;,) nsnt on fii- in r; ; ?!)d n3CCr :oll .Collier CGUnfy ij: nd G c of :dal leis �'dIGH T F. PR-0CK, CLERK OF 001JF,TS STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 day of 2013, Robert Kaufman, Chair of the Code Enforcement Board of Collier Coun Alorid�a, is personally known to me or who has produced a Florida Driver's License as identification. {(A62ER! G BAILEY OT RY PUBLIC • +: MY COMMISSION # EES75121 ,;r'csiti.,; EXPIRES February 14, 2017 y commission expires: un71398-0153 FIrnWeNato Se•dce•Wm CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sEmt by U. S. Mail to Mark and Anne Shores, 431 12`h Avenue N.W., Naples, Florida 34120 this day of 2013. M. JeaUXawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 Naples, Florida 34102 (239) 263 -8206 INSTR 4796934 OR 4883 PG 3214 RECORDED 2/6 /2013 4:49 PM 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. MARK AND ANNE SHORES, Respondents CASE NO.: CESD20120015193 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24, 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 Mark and Anne Shores are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation. I he the Respondents were notified of the date of hearing by certified mu.l and by posting. 4. That the real property located at 431 126 Avenue N.W., Naples, FL 34120, Folio 37544720000, more particularly described as the East 105 feet of the East 180 feet of Tract 68, GOLDEN GATE ESTATES UNIT NO. 19, according to the Plat thereof recorded in Plat Book 7, Pages 77 and 78, of the Public Records of Collier County, Florida, is in violation of Ordinance 04-41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: Interior and exterior modifications to the home without first obtaining all required Collier County Buildino Permits, inspections and a Certificate of Completion/Occupancy. 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, 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 through required inspection and certificate of completion/occupancy within 120 days (May 24, 2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 24, 2013, then there will be a fine of $250 per day for each day until the violation is abated. r 3. Unpermitted living space must be unoccupied and utilities turned off within 24 hours of the hearing until the building permit or demolition permit has received a certificate of completion/occupancy. 4. That if the Respondents do not comply with paragraph 3 of the Order of the Board within 24 hours, then there will be a fine of $250 per day for each day until the violation is abated. 5. 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. 6. 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. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this _ day ofd C;,,1, , 2013 at Collier County, Florida. NT BOARD FLORIDA 2800 North Horseshoe Drive )*(aples, Flo'xda 34104 STATE OF FLORIDA ) )SS: � COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this -�`� day of 2013, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, . Florida., who is personally known to me or who has produced a Florida Driver's License as id�nTtfrcation. ., GfiRISTINA L URBANOWSIQ *; MY COMMISSION p EE 142130 E`:�iRES November 22, 2015 Bocde.i i E Notary Public and 2 hers NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correci copy ofthis ORDER has been sent by U. S. Mail to Mark and Anne Shores, 431 12th Avenue N.W., Naples, Florida 34120 this 3 day of `!0W& t'V,'\ , 2013. M. can awson, Esq. �aFN O, tr cr21W, Florida Bar No. 750311 ,ou nty of .COLUER Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste. 210 H ERE.BY CERT►FY:THAT this IS s trA MW Naples, Florida 34102 orrect CODY., Qf-- ;`&i MSM on Me In (239) 263 -8206 1. .oa-rd Min:ute5, >ar�-d' ge- cords,bt Coflier C.ouft +ASS t'Fj ti_]r�Ct and.- offc€s► satin t �Goru WGHT L _$R0G,K,.CL•ERK Of Wt� BOARD OF COUNTY COMMISSIONERS ,--,Collier County, Florida Petitioner, Vs. Case No. CESD20120015193 Mark and Anne Shores Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Mark Shores , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120015193 dated the 8th day of October, 2012. 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 January 24, 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 $'0 z9 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining, Collier County Building Permit(s) or a Demolition Permit, inspections and a Certificate of Completion /Occupancy within /=?O days of this hearing or a fine of $)50,00 per day will be imposed until the violation is abated. 3) Unpermitted living space must be unoccupied and utilities turned off within 24hrs.of this hearing until the building permit or demolition permit has received a certificate of completion /occupancy or a fine of $00.0" 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, Sundav or legal holiday.) 5) 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. Ies ndent or Representative (sign) Diane Flagg, Director �-- Code Enforcement Department Respondent or Representative (print) Date Date REV 8/17/11 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. SHORES, MARK & ANNE, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120015193 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 24, 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 permits for the improvements to the home, or demolition permit and restore the home to it's original permitted state as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4883 PG 3214 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on May 28th 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::Respondent ordered to obtain all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (May 24, 2013) or a fine of $250 per day for each day until the violation is abated and Unpermitted living space must be unoccupied and utilities turned off within 24 hours of the hearing until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of $250 per day. Unpermitted living space utilities have been turned off. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of May, 2013. COLLIER COUNTY, FLORIDA CODE-EN-FORCEMENT BO Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or/affirmed) and subscribed before me this cZ day of (Signature of N/otdD!, Public) ` (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � , 2013 by Christopher Ambach NOTARY PUBLIC -STATE Bra O �A Kimberly - Commission # DD926130 empires: SEP.17, BOOM TgRB 6TLty nC BogDING C0., INC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Vs. SHORES, MARK & ANNE, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120015193 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 24, 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 building permits or demolition permits , inspections and certificate of completion/occupancy for unpermitted additions as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4942 PG 3860 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on 10 -30 -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: No permits obtained. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of October, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this �1 day of 0C5T%_A0-c,'- , 2013 by Christopher Ambach (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known � NOU,RY PUPLiC -S57 BONDED'i' iR:..- ..TL... ''C RO: DIT,'r CO., TC. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. SHORES, MARK & ANNE, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20120015193 BEFORE ME, the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 24, 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 4883 PG 3214 , et. seq. 2. That the respondent did contact the investigator. 3. That a re- inspection was performed on January 25th 2013. 4. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by having all utilities turned off within 24hrs of the hearing.. FURTHER AFFIANT SAYETH NOT. DATED this 13th day of November, 2013. COL OUNTY, FLORIDA E EN ORCEMENT BOA rtstopher Ambac Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affir ed) and subscribed before me this /3�day of /ill " "V' (Signature of Notary Iic) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known 2013 by Christopher Ambach "V Pus,, KIMBERLY BRANDES =o MY COMMISSION # FF 048468 *' EXPIRES'. September 17, 2017 �lArf Df P44�\Q< Bonded Thru Budget Notary Services CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. CHARLES H FREEMAN, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: CESD20130008411 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: 11122/2013 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: 2860 8th ST NW SERVED: CHARLES H FREEMAN 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 NOTIFICACION: Este audiencia sera conducida an all idioma Ingles. Servicios the traduccion noseran disponibles an Is audienca 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 fet 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 CODE ENFORCEMENT BOARD -IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130008411 Board of County Commissioners vs. CHARLES H. FREEMAN, Respondent(s) Violation(s): Collier County Land Development Code 04 -41, as amended, Section 10.02.06 (B)(1)(a)• Location: 2860 8TH ST NW, NAPLES, FL 34120; Folio 37641240001 Description: Detached garage with partial completion has cancelled permit. Past Order(s): On August 22, 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 4962 PAGE 790, for more information. The property is not in compliance with the Code Enforcement Board Orders as of November 22, 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 October 22, 2013 and November 22, 2013 (32 days) for the total of 56,400.00 Fines continue to accrue. Previously assessed operational costs of $81.43 have not been paid. Total Amount to date: $6,481.43 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. CHARLES H. FREEMAN, Respondent, CASE NO.: CESD20130008411 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22, 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 Charles H. Freeman, 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, failed to appear 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 2860 81h Street N.W., Naples, Florida 34120, Folio 37641240001, more particularly described as GOLDEN GATE ESTATES, UNIT 21, S. 180 feet of Tract 22, as recorded in OR Book 2427, Page 3143 of the Public Records of Collier County, Florida, is in violation of Ordinance 04 -41, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: Detached garage with partial completion has cancelled permit. 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, as amended, the Collier County Land Development Code, Section 10.02.06(B)(1)(a) be corrected in the following manner: 1. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days (October 21, 2013). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by October 21, 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. INSTR 4886360 OR 4962 PG 790. RECORDED 9/612013 10:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC $18.50 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 $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 � / i ��,2013 day of at Collier. County, Florida. LLIER C-O TYJ�L /DKIT5A Y: 800 rth prses'oe rive Napl , Fl d 4 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Y The foregoing instrument was acknowledged before me this day of l 201 ��by Robert Kaufman, Chair of the Code Enforcement Board of Collier Cou ty, Florida, who is �/ personally known to me or who has j)i-oduced a F-4oQa Driver's License as identification. KAREN G BAILEY NOTE RY PUBLIC = '' MY COMMISSION # EE875121 My commission expires: EXPIRES February 14, 2017 CERTIFICATE OF SERVICE ! 398.0153 I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles H. Freeman, 2860 9 "' Street N.W., Naples, Florida 34120 this] day � � ; � , 2013. State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a.document on file in Board Vih0tes and'Records of Collier County WITH SS my hand and official seal this day ofi'a-�? t� MIGHT E. BROCh; CLERK OF COURTS M. Jean Ralson, 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. FREEMAN, CHARLES H, Defendant(s) AFFIDAVIT OF NON - COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO, CESD20130008411 BEFORE ME the undersigned authority, personally appeared James Davis, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 22, 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 60 days as stated in the Order recorded in the public records of Collier County, Florida in OR 4962 PG 790. 2. That the respondent did not contact the investigator. 3. That a re- inspection was performed on October 22, 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: Permit remains ni CANCELLLED status. FURTHER AFFIANT SAYETH NOT. DATED this 22nd day of October, 2013. COLLIER COUNTY, FLORIDA CODE E F-0R.CEMENT BOARD l James Davis Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or ffirmed) and subscri d before me his 22nd day of October , 2013 by James Davis (Signature of Notary Public) i-A (Print/Type /Stamp Commissioned Name of Notary Public) Personally known -\/ �tpRY P&ez NEIL C. DAY 2 j MY COMMISSION # FF 048471 EXPIRES: August 26, 2017 Nrgjf of FL�3;�z< Bonded Tnru Budget Notary Services