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CEB Backup 07/24/2014 Code Enforcement Board Backup July 24 , 2014 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,.FLORIDA AGENDA Date: July 24,2014 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 COUNTV NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Robert Kaufman,Chair Lionel L'Esperance Gerald Lefebvre,Vice Chair James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. JUNE 20,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 1. CASE NO: CELU20120015005 OWNER: ALBERT BENARROCH OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 1.04.01(A).COMMERCIAL LANDSCAPE BUSINESS BEING CONDUCTED WITHOUT A VALID BUSINESS TAX RECEIPT AND ANY OTHER REQUIRED COLLIER COUNTY AUTHORIZATION. FOLIO NO: 750680709 VIOLATION ADDRESS: 2390 JAMES RD,NAPLES,.FL 2. CASE NO: CELU201.00021.891. OWNER: B Q CONCRETE LLC OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 2.02.03 AND SECTION 1.04.01(A).ACCESSORY STRUCTURE ON THE PROPERTY WITHOUT A PRINCIPAL STRUCTURE ON THE SAME LOT. FOLIO NO: 37925940001 VIOLATION ADDRESS: 4790 PINE RIDGE RD,NAPLES,FL 3. CASE NO: CESD2013001.2048 OWNER: JOSE S.&MARIA E.GARCIA OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 10.02.06(B)(1)(A)AND 10.02.06(3)(1)(E)(0.A MOBILE HOME REPLACEMENT AND MOBILE HOME SET UP WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED. FOLIO NO: 55720005 VIOLATION ADDRESS: 1017 RAULERSON RD,1MMOKALEE,FL B. Stipulations C. Hearings 1. CASE NO: CESD20130018722 OWNER: 925 CYPRESS LLC OFFICER: INVESTIGATOR JEFF LETOURNEA.0 VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).AN UNPERMITTED DUMPSTER ENCLOSURE ON THE SOUTHEAST SIDE OF THE PROPERTY. FOLIO NO: 48170680008 VIOLATION ADDRESS: 2829 SHORE VIEW DR,NAPLES,FL 2. CASE NO: CEROW20140005480 OWNER: KEITO HOLDINGS LLC OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER.110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHTS OF WAY,DIVISION I GENERALLY,SECTION 110-32.OFFENDING MATERIAL IN THE ROW (CULVERT/DRAINAGE PIPE,CATCH BASIN AND GRATE IN A STATE OF DISREPAIR) FOLIO NO: 62263080009 VIOLATION ADDRESS: . 5362 TRAMMELL ST,NAPLES,FL 3. CASE NO: CESD20140000248 OWNER: CHRISTOPHER ESENBERG OFFICER: 'INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).EXPIRED PERMIT FOR A POOL AND A PERMIT FDR.A POOL ENCLOSURE WITH NO CERTIFICATE OF OCCUPANCY. FOLIO NO: 47871360000 VIOLATION ADDRESS: 3301 GUILFORD RD,NAPLES,FL 3 4. CASE NO: CEVR20140000223 OWNER: CASA DE'VIDA HOMEOWNERS ASSN OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER.COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 3.05.08(C). .PRESENCE OF PROHIBITED EXOTIC VEGETATION,'INCLUDING,BUT NOT LIMITED TO JAVA PLUM AND EAR LEAF ACACIA IN CON SERVNFION/DR.AINAGE EASEMENT TRACT C OF THE CASA DE VIDA PLANNED UNIT DEVELOPMENT(POD). FOLIO NO: 25700000068 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES,EL 5. CASE NO: CELII2014000116.5 OWNER: HELEN VALENT OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,SECTION 2.02.03. SEMI TRUCKS AND TRAILERS IN THE YARD. FOLIO NO: 36660480005 VIOLATION ADDRESS: 6810 VANDERBILT BEACH RD,NAPLES,FL 6. CASE NO: CESD20140000219 OWNER: FAIRHOMES SILVER LININGS LLC OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(E)(0.IMPROVEMENTS TO PROPERTY WITHOUT REQUIRED PERMITS, INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 26681800001 VIOLATION ADDRESS: 4112 COCONUT CIRCLE SOUTH,NAPLES,FL 6. OLD BUSINESS A. Motion for imposition of Fines/Liens 1. CASE NO: 2007100236 OWNER: ANTHONY DINORCIA SR LLC OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY LAND'DEVELOPMENT CODE 04-41 AS AMENDED,SECTION I 0.02.06(B)(1)(E)(I),SECTION 10.02.06(B)(I)(E),AND SECTION 10.02.06(B)(1)(A). NUMEROUS UNPERMITTED STRUCTURES,INCLUDING OFFICE CANOPY STRUCTURES, SILOS,AND BUILDINGS. FOLIO NO: 274560004 VIOLATION ADDRESS: 3963 DOMESTIC AVE,NAPLES,FL 4 2. CASE NO: CESD2012001371.6 OWNER: BRANISLAVA CIRAKOVIC VUKOVIC,GINA RADENKOVICH&ALEKSANDAR H. RADENKOVICH OFFICER: INVESTIGATOR HEINZ BOX, VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A), 10.02.06(F3)(1)(E)AND 10,02.06(B)(1)(E)(1).OBSERVED ALTERATIONS! IMPROVEMENTS TO STRUCTURE/PROPERTY AND NO COLLIER COUNTY PERMITS OBTAINED. FOLIO NO: 62578800000 VIOLATION ADDRESS: 10580 6TH ST NAPLES,FL 3. CASE NO: CESD20130008710 OWNER: ALFRED DIAZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).AN UN-PERMITTED ROOM ADDITION THAT WAS CONSTRUCTED BETWEEN 2004 AND 2005. FOLIO NO: 29280440005 VIOLATION ADDRESS: 2648 VAN BUREN AVE,NAPLES,FL 4. CASE NO: CESD20130012048 OWNER: JOSE S.& MARIA E.GARCIA OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 10.02.06(3)(0(A)AND 10.02.06(13)(1)E)R A MOBILE HOME REPLACEMENT AND MOBILE HOME SET UP WITHOUT FIRST OB-IAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED. FOLIO NO: 55720005 VIOLATION ADDRESS: 1017 RAULERSON RD,IMMOKALEE,FL 5. CASE NO: CESD20130005831 OWNER: EVA A.GUERRERO OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNIY LAND.DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10,02.06(3)(0(A).A SMAI,L TYPE POLE BARN WITH A METAL ROOF WITH NO ELECTRIC. ALSO AN ADDITION ATTACHED TO THE MOBILE HOME WITH ELECTRIC ALL CONS-ERUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE.REQUIRED .PERMITS,INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE,04-41, AS AMENDED. FOLIO NO: 30730960008 VIOLATION ADDRESS: 1301 PEACH ST,IMMOKALEE,FL 5 6. CASE NO: CELU20120015005 OWNER: ALBERT BENARROCH OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 1.04.01(A).COMMERCIAL LANDSCAPE BUSINESS BEING CONDUCTED WITHOUT A VALID BUSINESS TAX RECEIPT AND ANY OTHER REQUIRED COLLIER COUNTY AUTHORIZATION. FOLIO NO: 750680709 VIOLATION ADDRESS: 2390 JAMES IW,NAPLES,FL 7. CASE NO: CESD20130000332 OWNER: JASON T. BRICK OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 10.02.06(B)(1)(A).UNPERMITTED ALTERATIONS MADE TO THE GARAGE. FOLIO NO: 77412120006 VIOLATION ADDRESS: 1336 TRAIL TERRACE DRIVE,NAPLES,FL 8. CASE NO: CESD20110000425 OWNER: ELIDIA GARCIA OFFICER.: INVESTIGATOR JAMES DAVIS VIOLATIONS: ORDINANCE 04-41,THE COI,L1ER COUNTY LAND DEVELO�PMEN1°CODE,AS AMENDED, SECTION 10,02.06(13)(1)(A)..PERMIT 2004062889 EXPIRED ON 7/23/05.NO CERTIFICATE OF OCCUPANCY ISSUED. FOLIO NO: 37807200005 VIOLATION ADDRESS: 1275 18TH AVENUE N.E.,NAPLES,FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order E. Special Hearing 6 „„ 1. CASE NO: 2002120972(CEB 2004-72) OWNER: JAMES C. MARSHALL AND SHERRY M.MARSHALL OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: SECTION 104.5.1.4 OI"FHE FLORIDA BUILDING CODE,AS AMENDED BY COLLIER COUNTY ORDINANCE 02-01,AND SECTION 10.02.06(B)(I)(A)AND 10.02.06(B)(1)(D)OF ORDINANCE 91-102,AS AMENDED,CODIFIED AS THE LAND DEVELOPMENT CODE. NUMEROUS WOODEN SHEDS BUILT WITHOUT FIRST OBTAINING AUTHORIZATION OF COLLIER COUNTY PERMITS.ALSO A FIOUSE THAT WAS SEMI-BuTur UNDER PERMIT #86-2791, WHICH HAS EXPIRED WITHOUT OBTAINING ALL THE.REQUIRED INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 37590120007 VIOLATION ADDRESS: 820 20TH AVE NW,NAPLES,FL 7. NEW BUSINESS 8. CONSENT AGENDA 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE AUGUST 28,2014 12. ADJOURN 7 AFFORDABLE 658 BALD EAGLE DR MARCO ISLAND,FL 34145 Phone:(239)389-1468 LANDSCAPING Fax:(239)389-1434 Landscaping @alsmarco.com SERVICE & DESIGN, LLC June 27, 2014 Re: 2390 James Rd Naples, Fl PL20130000011- site improvement plan Affordable Landscape and Design Dear Teresa, I own the property located at 2390 James Rd and received a letter dated June 24th from Growth Management telling us that our case is on"HOLD"until all comments are satisfied. I spoke to Ralph Bosa and he suggested I write a letter to you requesting for an extension so that our engineer can work on meeting those requirements. We want to comply with all the requirements so at this time we are asking for an extension so that we can meet all the requirements of the SIP. Thank you and look forward to hearing from you, Sincerely, ,kl17ert Ban-xi-rack Albert Benarroch Owner C INSTR 4958307 OR 5018 PG 3619 RECORDED 3/21/2014 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CELU20120015005 vs. ALBERT BENARROCH, Respondent, FINDING . 024_10. 21,4! CLUSIONS OF L•_.1M' .717 :• BOARD THIS CAUSE came on for public he. ie 'ore the Board on Feb .•, 014,and the Board,having heard testimony under oath,received evi• nce, . .. • respective to all ap. opri. e matters,thereupon issues its Findings of Fact,Conclusions of .w, d 1,• . of - : _ —follows. 1. That Albert Benarroch i.the •, • c • >> 2. That the Respondent w. , o o'h ." g by flea ai and by posting and the Code h Enforcement Board has jurisdic . tin matter. 3. The Respondent,having •—•1• ly notified,appeared e .u. ing. 4. That the real property locate• 4•I mes Road,Napl i&i• 34114,Folio 750680709,more particularly described as the South one-h +, y; Taal /2)of the West one-half(1/2)of the Northeast one-quarter(1/4)of the Southwest • -. • s ction 7,Township 51 South,Range 27 East, Collier County Florida is in violation of Ordinance + ,as amended,the Collier County Land Development Code,Section 1.04.01(A)in the following particulars: Commercial landscape business being conducted without a valid business tax receipt and any other required Collier County authorization. 5. The violation has not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: 1. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 1.04.01(A). 2. Respondent must abate the violation by obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location,including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location within 120 days(June 27,2014)or a fine of $200.00 per day will be imposed for each day the violation remains thereafter. C *** OR 5018 PG 3620 *** C 3. If the Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. • 4. The Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$64.04 within 30 days(March 29,2014). 5. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 1( day ofh•VGk,2014 at Collier County,Florida. C•% ENFOR MENT BOARD OLLIER CO ' i FLO' D: 'u..,:i aufman,C .>% 4kl04 r rive �� STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore ing instrument was ac o _. .1 . Tiles 2014 y Robert Kaufman,Chai oft [ •de : f• + ,e : ! o + r • ty,Florida,who is personally known to me• w•r .,f c +! . •may - cense as identification. ai • L1 I ,11110,._-Zwi'�i,��'; .. KAREN G BAILEY � NOTA'Y PUBL 2 it, C 1•1 MY COMMISSION#EE875121 My commission expire . EXPIRES February 14.2017 (407)398&0153 Florida NOtatySe.vim tom PAYMENT OF FINES: Any fines orde • o e •,i• .• or•ltti'�tli • der may •e paid at the Collier County Code Enforcement Department,2800 North • . rr- l •: -s,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or con Irma ion of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: 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 the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER Ids peen sent by U.S.Mail to Albert Benarroch,658 Bald Eagle Drive,Marco Island,FL 34145 this 11 day of 1\-10-rC.V\2014. State of Florida M.J Rawson,Esq. County of COLLIER Flori a Bar No.750311 '3F Attorney for the Code Enforcement Board 1 HEREBY' ERTIFY TI 3 this Is a true and 681 Goodlette Road N.,Ste.210 correcct oD}LOf.a durfien flflle.in. Naples,Florida 34102 Boa#MinutLSiand:.FrdsAf Collier County (239)263-8206 WITIdESSyiiy aritl'a11 Icial.seal thjs t4 ' elay,ilf :441% IGt ' . ROCK CLERK OF COURTS 0�„S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CCCEB CASE NO.CELU20120015005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BENARROCH,ALBERT,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location, including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location within 120 days (June 27, 2014) or a fine of$200.00 per day will be imposed for each day the violation remains thereafter as stated in the Order recorded in the public records of Collier County,Florida in OR 5018 PG 3619. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 30,2014. took- 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: County has asked for corrections to be mad to Site Improvement Plan FURTHER AFFIANT SAYETH NOT. DATED this 30th day of June,2014. COLLIER COUNTY,FLORIDA DE-ENFORCEMENT BOARD James D v Code En rcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 30th day of June,2014 by James Davis (Signature of Notary Vito) 'J KIMBERLY BfRANDES * i * MY COMMISSION#FF 048468 (Print/Type/Stamp Commissioned Name of Notary Public) ,�)o'`P EXPIRES:Budget Nber17,2017 Personally known Al COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20120015005 Hearing Date: 07/24/14 Board of County Commissioners vs. Albert Benarroch Violation(s): Collier County Land Development Code 04-41 as amended, Section 1.04.01(A). Location: 2390 James Rd,Naples, FL; Folio 750680709 Description: Commercial landscape business being conducted without a valid business tax receipt and any other required Collier County authorization. Past Order(s): On February 27, 2014 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 5018 PAGE 3619, for more information. The violation has not been abated as of July 24, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between June 28, 2014 to July 24, 2014(27 days) for a total fine amount of$5,400.00. Fines continue to accrue. Previously assessed operational costs of$64.04 have been paid. Operational Costs for today's hearing: $62.84 Total Amount to date: $ 5,526.88 C CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ALBERT BENARROCH Inv. James Davis Department Case No. CELU20120015005 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 12 0.05 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 4 12 0.025 $1.20 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $11.84 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $62.84 TOTAL OPERATIONAL COSTS: $62.84 VII 03 14 02;16p BQ Concrete&Const. LLC 2393544458 p.1 IN ®® • ® e~ C(L1/20/06A/ el / C 4'7'x® 4P' Date: 3, ®✓471 . To Whomsoever It Ma Concern: E I .eg. a 01),/?.. ODD.. Ch Pbtz I I the undersigned,hereby authorize Yin In€4-81 fe. r,111 �r - cobs" °' °''esfftee--9 to act on g my/ou• ehall in all manners relating to L.L C '1 q Q ri e,gd P`- , `'0ei , odL- 55Le , 3� rpose O , R I , `, , •t om. le C p-02- Om,-) c11v 51, 2.014. including signing of alli doctun nts relating :;these matters. Any and all acts carrie out by Ye.") n, ejrL T /1 D. 5 se c c A irk vest,m -i-s., C-l-c. on my/our behalf, shall;have the same effect as acts of my/our own. This authorization is v lid until.further written notice from t (printed name of autholity holder) 9 Q et.ACre- t1-1-C, 0 0?d key cit --6 Mailing Address of autlhority holder ,,,--(DO t`- ?tcve r i _cr e 3 (-- 1 ` i 1\6. i e5 ' i-/ 3 ( ((. 31 ::0t00r affirmed) and subscribed before me this -3 day of c u t ,2014 , _I I g .. (Signature of Authority Holder) `err ( --1:S,) ...,, cl,v,C\�S , (Name of Authority Hb lder making statement) ,'i t..4•L , (Signature af N&tary Public) 43'.;``....-11.N. GEORGEFACCONE *. _f. * MY COMMISSION It FF 036839 „.; =1u1 a EXPIF ES:August 6,2ot7 '14 Pt y aMIdedT?u6Udge(H018ry5ervkes (Print,type or stamp gommissioned Name of Notary Public) J //Personally known/ . Produced identifieption .. Type of identification produced - • C 103 14 02:43p BQ Concrete&Const. LLC 2393544458 p.1 %II se C ®�14 i. AME IDMEINT TO SALES CONTRACT in NABOB IQUALMOWMNO e Wom.Wld.tnlaf. OPPORIUNII7 This Amendment is to the Sales Contract ("Contract") entered into between: ("SELLER") I BQ Concrete LLC and ("BUYER") Cobra Investments, LLC. , relating to the following described real property("Property"): 4790 Pine Ridge Rd,Naples, F1.34119,Golden Gate Estates Unit 26 W165 Ft. of Tr.61 For good and valuable conpideration, the Contract is amended as follows: Due Diligence is extended to July 29, 2014 Closing date is extended]to July 31, 2014 Both Buyer and Seller to appear on 7/24/14 at 9 a.m. at a hearing to request an extension to reach compliance for the current property listed above. This hearing will take place at Collier Govnt. Building F., 3rd flior, Naples, Fl. • C All other terms and conditi ns of the Contract shall remain in full force and effect. , ----4110. I '.a I (Seller's Signature) i (Date) (Buyer's Signature) (Date) (Seller's Signature) ! (Date) (Buyer's Signature) (Date) • C ©2012 Naples Area Board of I EALTORS®and Association of Real Estate Professionals,Inc.M Rights Reserved.(NABOR 41112012) Ise fnrrn cimnl lei tv C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, , Petitioner, CELU20100021891 vs. B Q CONCRETE LLC. INSTR 4546835 OR 4670 PG 165 RECORDED 4/8/2011 9:52 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent 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 March 24,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That B Q Concrete LLC is the owner of the subject property. "- 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4790 Pine Ridge Rd,Naples,Florida,Folio 37925940001 more particularly described as the West 165 feet of Tract 61,subject to the South 45 feet of the North 75 feet for public roadway,GOLDEN GATE ESTATES,Unit No.26,according to the plat thereof,as recorded in Plat Book 7,Page 15 of the Public Records, Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 1.04.01(A)and section 2.02.03 in the following particulars: Accessory structure on the property without a principal structure on the same lot. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 1.04.01(A)and section 2.02.03 be corrected in the following manner: 1. By obtaining all required Collier County permits to build a principal structure on the property or by obtaining a demolition permit and demolishing the accessory structure on the property,requesting all required inspections through certificate of completion/occupancy within 360 days(March 19,2012). , 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 19,2012 then there will be a fine of$150 per day for each day until the violation is abated. C 4 , 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 and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$79.72 within 30 days. Any aggrieved party may appeal a fmal 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 5C1 day of n/.GiAcl'1 ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: lir411— IP Ken�reth-Ke1 y, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) C The foregoing instrument was acknowledged before me this 'j() day of trY)Wick)Ck) , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓personally known to me or who has produced a Florida Driver's License as identification. �✓l L Y" =oi::.....c KRISTINE HOLTON NOTARY PUBLIC .* ap *: MY COMMISSION#DO 686595 My commission expires: '^•.%°- :.� EXPIRES:June 18,2011 1,10P Bonded Thru Notary Public Underwriters ... . 7 ... . . ............ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to B Q Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this :1CKay vv) G/,c_J'\ ,2011. '.Je•'r•awson,Esq. Florida Bar No. 750311 2375 North Tamiami Trail, Ste.208 Naples,Florida 34013 SOW Co F U:tiDA (239)263-8206 ,:ounty of COWER i HEREBY CERTIFY„TIFY THAT this is a this and :orrect Gooy`.Qt,a.document on filo An 3oardt itiuter�?d� rrs of Coilior Coon* • i +M SS v anio a official seal 'thin trrYV� Er13ROt ck- 3 K OF COURTS IS. :..r: ti• __ t CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100021891 vs. B Q CONCRETE LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 19,2012,on the Respondent's Motion for Extension of Time, and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for one year(January 19,2013). 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 oil day of - ,2012 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FL ORIDA BY: State, cri f'l.z:ifiDA Kenneth-Kelly,_Chair county of COLLIER 2800 North Horseshoe Drive r';'r,i ;rr_• Naples,Florida 34104 H ERE`!3Y'tE T1FOTIAT this is a t an$ c:. :os re,ct co;Dy,‘or a,_aocu ent on the In �� rd i 4nutes,.ari Recpras of Collier Coun naa an 'offielat seal this 3 L a� a IrAlV • •��Imo` INSTR 4652719 OR 4760 PG 40 4i°v I " �, .,l� {1'' '�' R1 RECORDED 1/31/2012 3:27 PM PAGES 2 r�;.o , DWIGHT E. BROCK,CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA — REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, day of 2012,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County, Floi ida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE vl f!.** ,� Notary Public-State of Florida NOTARY PUBLIC r• ;•:My Comm.Expires Jun 18,2015 My commission expires: ;,"�� Commission di EE 87272 4:- °C°C4.. Bonded Through National Natafy Man. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to B Q Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this day o 2012. 'M.Jean Rawson, Esq. Florida r No.750311 Attorney for the Code Enforcement Board 2375 N.Tamiami Trail, Ste.208 Naples,Florida 34103 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CCEB CASE NO.CELU20100021891 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner • vs. B Q CONCRETE LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Connetta, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 03/24/2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4670 PG 165. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 1/23/2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in C compliance with the following conditions: By obtaining all required Collier County Permits to build a principal structure on the property or by obtaining a demolition permit and demolishing the accessory structure on the property. FURTHER AFFIANT SAYETH NOT. DATED this 23th day of January, 2013. COLLIER COUNTY,FLORIDA C . ENF,= . I • BOARD John Co tiitta Code En • cement Official STATE OF FLORIDA COUNTY OF COLLIER 4,i to(or .1 I ed) .11 a subscribed before me this 23th day of January 2013 by John Connetta. Signature ofNotary Public) • di (Print/Type/Stamp Commiss oned NOTARY'PUBLIC-STATE OF FLORIDA Colleen Crawley Name of Notary Public) 4 ?commission#EE129317 CExpires: JUNE 07,2014 Personally known 4 BONDED fliRU ATLANTIC BONDIIG CO INC. REV 1/2/13 J CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4810553 OR 4895 PG 2414 RECORDED 3/13/2013 11:00 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, CELU20100021891 vs. B.Q.CONCRETE LLC. Respondent / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 28,2013,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 9 months(November 28,2013). • 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 otMtt11.,(/\ ,2013 at Collier County,Florida. • CODE ENFORCEMENT :OARD • COL • •e TY ORIDA State of Florida - .:_ ?r.= 4'4411 County bfi COLLIERR. " . U'. • BY 6j1•�-r _ Ro:' it L.I HEREBY.CER -TIFY AT t :is is a true and 2800 N.�!""��:GGss776 seshoe Drive coact copy of a doc ktorl°file in Naple orida 34104 Board^M ntge an. ..Rkco ds'of Collier County W�INE 8 mt ti`.nc.l•a4fiical seal kda�ol DWIGHT E.BROCK,CLERK OF COURTS D.C. C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) I- The foregoing instrument was acknowledged before me this 4 day of i\6g-k , 2013 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County, Florida,who is personally known to me or who has sroduced a Florida Driver's License as identification. .gari- — ilk NOT RY PUBI , ; KAREN G BAILEY My commission expires: : ',_, !'= COMMISSION it EE875121 '44.7:.(r.: EXPIRES February 14,2017 ora, CERTIFICATE OF SERVIC_ 07)364153 Floridallote Se.be.can I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to B.Q. Concrete LLC,6017 Pine Ridge Rout,#329,Naples,Florida 34119 and to James J.Zonas,Esq.,700 2"d Avenue N., Ste. 102,Naples,FL 34102 this day of ftCVC-0,2013. M. ! Jea r wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board '�rrr 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20100021891 CCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. B Q Concrete LLC, C/o Buddy Quarles,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 March 24,2011,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4670 PG 165 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on December 3,2013. 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 have been applied for. CFURTHER AFFIANT SAYETH NOT. DATED this 3rd day of December,2013. COLLIER COUNTY,FLORIDA OD ENFORCEMENT BOARly 00 11,-----)Lik kik ,A olleen Crawley Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3rd day of December,2013 by Colleen Crawley (Signature ofNotal99 Public) NOTARY PUBLIC-STATE OF FLORIDA '' Kerry Adams `Commisr o� #EE005769 (Print/Type/Stamp Commissioned Name of Notary Public) ' mf``.r Expires: JUNE 30,2014 BONDED THRU ATLANTIC BONDING CO.,INC. Personally known 4 C INSTR 4952710 OR 5014 PG 3039 RECORDED 3/7/2014 2:07 PM 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, CELU20100021891 vs. B.Q.CONCRETE LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 23,2014,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 `fir Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.2007-44, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED for a period of 180 days(July 22, 2014). The Respondent shall pay the operating costs in the amount of$64.78 within 30 days and shall provide the Code Enforcement Department with a monthly update of progress. 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. C DONE AND ORDERED this 5 day o ,2014 at Collier County,Florida. tl JC• ! • i 'CEMENT BOARD OLLIER CP NTY, F OR (1 • :Y: R e r Kau , r' 8t1 North ors-. oe Drive aples, Fl ri 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) he foregoing instrument was acknowledged before me this 5 day of fi , 2014 y Robert Kaufman, Chair of the Code Enforcement Board of Collier C•un,', Florida,w Is is personally known to me or who ha produced a Florida Driver's icense as iden ification. 4`.*ii KAREN G BAIL A r`.rev) '. l ri i *• .' 'c MY COMMISSION#E 12 • "ARY PUB) ' EXPIRES.February 14,2017 commission expires: (407)395-0153 FWvidaNatarySt Ace corn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee cent by I I S:Mail to B.Q. Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this ' day o .,A ,2014. M.Jea /awson,Esq. Florida Bar No. 750311 681 Goodlette Road N., Ste.210 Naples,Florida 34012 (239)263-8206 State of Florida County of COLLIER:_ I HEREBY CE TRie' f 3',ttiis is,:a true and correct co. y.-9f Q•doc on'i 'in Board Mniet•s;n R:ec afd o fC tier County W(TNESS-Iy akng a- d tifTi i seal this ":&4 of 1Vtttsrc. ?9. C ' '- DWIGHT'E ROCi;tLERK QF'COURTS 1/P4' CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. B Q CONCRETE LLC Inv. Colleen Davidson Department Case No. CELU20100021891 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 0 12 0.05 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 13 12 0.025 $3.90 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $14.54 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $65.54 TOTAL OPERATIONAL COSTS: $65.54 C July 8, 2014 Steven Lopez-Silvero Collier County Code Enforcement Immokalee District Investigator 239-877-8141 StevenLopez-Silvero @colliergov.net RE: Maria Garcia, Property located at 1017 Raulerson RD. Immokalee, FL 34142 Case#CESD20130012048 Mr. Lopez-Silvero, My mother, Maria Garcia,is in the process of purchasing a new mobile home from Central Mobile Homes Inc. As of May, 2014 the old mobile home was removed from her property located at 1017 Raulerson Road Immokalee, FL. Central Mobile Homes Inc. will be in charge of setting up the new mobile home, preparing, and doing the necessary work according to Collier County regulations and Collier County code. As of today,July 8, 2014,the mobile home company is still in the process of completing the sale and helping my mother with the financing process. This process is said to take up to 2 more months,therefore we are asking for an extension of 8 months to give the mobile home company time to complete this job. We are also requesting the additional time to complete all necessary permitting and reviews required by Collier County. Thank you, Martha Galan 239-898-7089 Marthagalan5 @gmail.com INSTR 4958300 OR 5018 PG 3601 RECORDED 3/21/2014 9:36 AM PAGES 4 DWIGHT E. BROOK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130012048 vs. JOSE S.AND MARIA E.GARCIA, Respondents, • FINDINGS OF FACT,CONCLUSIONS OF LAW AND-ORDER-QE THE BOARD THIS CAUSE came on for public heari istfo r- e}a oard n ��..7,,,2014,and the Board,having heard testimony under oath,received evide. a • eard respective to at foph'ate matters,thereupon issues its Findings of Fact,Conclusions of L,{v,a • • •- • the Board,as folio : • 1. That Jose S.and Maria ..Ga cia are the owners •f the s •'ect pro•erty 2. That the Respondents ere .ti ed o th d to •; ifi-d it and by posting and the Code Enforcement Board has jurisdict t• •;` hi •r -r. r 3. The Respondents,havin duly notified,did not a••par. tha p j l c hearing,but entered into a Stipulation. i� ,c.., 4. That the real property locate, =t ® :aulerson Road, .1 1 ,Florida 34143,Folio 00055720005, more particularly described as UNRECO',4 D E`�`. ► OT 4 DESC AS:BEG AT IN TERSECT OFELIOFW12OFNE1/4OFSE1/4SE "3• ; +.-FTTOPOB,S95FTW130FT,N95FT,E 130 FT TO POB OR 2030 PG 1291,is in violation of erg finance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(BX1)(a)and 10.02.06(B)(1)(E)(I)in the following particulars: A mobile home replacement and mobile home set up without first obtaining the authorization of the required permits,inspections and Certificate of Occupancy as required by the Collier County Land Development Code,04-41,as amended. 5. The violation has not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: 1. That the Respondents are in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(E)(I). 2. Respondents must abate the violation by obtaining all applicable Collier County Building Permits or Demolition Permit,inspections and Certificate of Completion/Occupancy within 120 days(June 27,2014)or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. - OR 5018 PG 3602 C 3. Must turn off utilities for the unpermitted dwelling unit within 24 hours of this hearing(February 28, 2014)and remain unoccupied until all Collier County Building Permit(s)or Demolition Permit has received a Certificate of Completion/Occupancy or a fine of$250.00 per day will be imposed until the violation is abated. 4. If the Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. 5. The Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$64.34 within 30 days(March 29,2014). 6. Respondents shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 1 day of ilkirC,k.,2014 at Collier County,Florida. -*DE ENFO' • MENT BOARD tllER„CO ,F .0: :• /C pert ai , K 2801 'orth .�`Tip r •e Drive ,..1-,., 1+ id. '410 STATE OF FLORIDA ) )SS: ,t CCOUNTY OF COLLIER) C)The f egoing instrument was ac ,'e ge before me this ", days .i' lk� , 20 ,by Robert Kaufman,Chair. Code Enforcement Boa K1, if C•Ili- t ty,Florida,who is personally known to me or + who has pro i uced : D e°- icense as identification. 1- o r—rri- %±a''ICAReN G BAILEY '4 0 .: ' V. ',: t COMMISSION tt EE875121 Ke r�intuit ,• 1- %:-, a; PIRES February 14,2017 ,'"• h' Fbridallota Sevlce.can 07,1964153 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this ; .- may .e paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order, State of Florida County of COLLIER - E I HFiEBT CERFI Y THAT this is a true and correct cbpq'Of aAciwinent on file in oargivlinut2sand.•17e, ords of Collier County '1T,N�E$ iy,t rd and official seal this'• c tq' tray of M al '4' .( lIGHT•E:BROOK ; LERK OF COURTS OR 5018 PG 3603 C CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been nt by U.S.Mail to Jose S. and Maria E.Garcia, 1017 Raulerson Road,Immokalee,FL 34143 this I day of�,2014. M M.Je awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 (-2 \tfk.) -<\(5,-7 711E pry, / C *** OR 5018 PG 3604 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20130012048 Garcia, Jose S. & Maria E. Respondent(s), STIPULATION/AGREEMENT ;:,COMES NOW, the undersigned, Jose S. & Maria E. Garcia, on behalf of himself/herself enters into this • ----Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130012048 dated the 10th day of September, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Februa 27 . 9 , i e mote efficiency in the administration of the code • enforcement process; and to obtain a qui in+ r'� fu Y' olution•of the matters outlined therein the parties hereto agree as follows: ' ', 1) The violations noted in the refere i otice of Violation ar- -` ate and I stipulate to their existence. THEREFORE, it is agreed between e •-rtieti;-tha th es•• dent s all; • 1) Pay operational costs in the am n n o• . 4 c }e £r± t p os cution of this case within 30 days of this hearing. 2) Abate all violations by: Obtac • all required Collier' ou ty Irking Permit(s) or Demolition Permit, inspections, and Certificate o , pletion/Occupancwi i f( '5 days of this hearing or a fine of $ 250.00 per day will be imposed . it .e violation is abate LJ • 3) Must turn off utilities for the unpermt't e titirOni ithin 24 hours of this hearing and remain unoccupied until all required Collier Coun •etfding Permits) or Demolition Permit has received a Certificate of Completion/Occupancy or a fine of$ 250.00 per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement Within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday.Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday.Sunday or legal holiday.) • 5) That if the Respondent fails to 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 assessed to the property off ner. 7 /J� -- Respondent or Representative (sign) - / Jeff Wright, Directo Code Enforcement Department • Respondent or Representative (print) Date 212GJfe2 Date C7S S. CCaSrl0.• l-uL-rTT'— Mama. £. �iarcicL, Is s tg��tn9 cm \-hat oc , Q^ RVE7/8/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130012048 CCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs.. GARCIA,JOE S&MARIA E,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF LOR DA COUNTY O COLLIER BEFORE Mme,the undersigned authority, personally appeared Steven Lopez-Silvero,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the abo e-styled matter and stated that Defendant(s)was to abate the violation by obtaining all applicable Collier Cou ty Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 120 ays (June 27, 2014) or a fine of$250.00 per day will be imposed for each day the violation remains ther after and must turn off utilities for the unpermitted dwelling unit within 24 hours of this hearing (Feb ary 28, 2014)and remain unoccupied until all Collier County Building Permit(s)or Demolition Permit has eceived a Certificate of Completion/Occupancy or a fine of$250.00 per day will be imposed until the • viol tion is abated as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5018 PG 3601. 2. That the respondent did contact the investigator. C 3. That a re-inspection was performed on June 30,2014. i 4. Thad the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in comiliance with the following conditions: Defendant failed to obtain all applicable Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 120 days (June 27,2014). FURTHER.AFFIANT SAYETH NOT. DATED this [1st]day of[July],2014. COLLIER COUN Y,FLO' PA CODE ENFORC 'E� T ere RD `' Steven Lopez-Silvero Code Enforcement Official STATE OF LORLDA COUNTY O COLLIER Swor to(or a firmed) . d s igt cribed before me this / day of Jul/ ,2014 by Steven Lopez-Silvero � / (Signature o Notary Public) NOTARY PaI STATE OF FLORIDA dillIlk i -.�"""•• Maria F. Rodriguez =Commission#EE049566 Print/T e/'tamp Commissioned Na 7Ar Public) °1f r ( yP P •ry ) ••.,,, 'ExpirES: JAN.16,2015 C BoNDEDTHItuATLANTIC JNJ ;Gco.,INC. Personally known V COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130012048 NTY COLLIER C LI BOARD OF OUNTY COMMISSIONERS,Petitioner vs. GARCIA,10 E S&MARIA E,Defendant(s) AFFIDAVIT OF(PARTIAL)COMPLIANCE STATE OF'FLORIDA COUNTY F COLLIER BEFORE ,the undersigned authority,personally appeared Steven Lopez-Silvero,Code Enforcement Official for the Code E forcemeat Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to turn off utilities for the unpermitted dwelling unit within 24 hours of this hearing(February 28,2014) and remain unoccupied until all Collier County Building Per it(s) or Demolition Permit has received a Certificate of Completion/Occupancy or a fine of$250.00 per day will be imposed until the violation is abated as stated in the Order recorded in the public records of Col ier County,Florida in OR Book 5018 PG 3601,et.seq. 2. Th t the respondent did contact the investigator. 3. Th t a re-inspection was performed on February 28,2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by turning off utilities for the unpermitted dwelling unit remaining unoccupied. FURTHER AFFIANT SAYETH NOT. DATED this 2nd day of July,2014. COLLIER COUNTY,FLORIDA CODE ENFORCE B RD Steven Lopez-Silvero Code Enforcement Official STATE O FLORIDA COUNTY F COLLIER Sworn to(o affirme')and subscribed before me this ( day of ,M y ,2014 by Steven Lopez-Silvero Aft (Signature o otary Public) 1 ` NOTARY PUBLIC•STATE Maria E Rodrlguez OF FLORIDA (Print/Ty. Stamp Commissioned Name of Notary Public) :Commission#EE049566 ?.-•`Expires: JAN.16,2015 Personally known 4 BONDED THRG ATLANTIC BONDINGCO.,IPNC. 1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130012048 Hearing Date: 07/24/14 Board of County Commissioners vs. Jose S. & Maria E. Garcia Violation(s): Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 1017 Raulerson Rd, Immokalee, FL; Folio 55720005 Description: A mobile home replacement and mobile home set up without first obtaining the authorization of the required permit(s), inspections and Certificate of Occupancy as required by the Collier County Land Development Code 04-41, as amended. Past Order(s): On February 27, 2014 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 5018 PAGE 3601, for more information. The violation has partially been abated as of March 1, 2014 FINES AND COSTS TO DATE ARE AS FOLLOWS: Order Item 2: Fines have accrued at a rate of$250.00 per day for the period between June 28, 2014 to July 24, 2014 (27 days) for a total fine amount of$6,750.00. Fines continue to accrue. Previously assessed operational costs of$64.34 have not been paid. Operational Costs for today's hearing: $63.14 Total Amount to date: $ 6, 877.48 C COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130012048 Hearing Date: 07/24/14 Board of County Commissioners vs. Jose S. & Maria E. Garcia Violation(s): Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Location: 1017 Raulerson Rd, Immokalee, FL; Folio 55720005 Description: A mobile home replacement and mobile home set up without first obtaining the authorization of the required permit(s), inspections and Certificate of Occupancy as required by the Collier County Land Development Code 04-41, as amended. Past Order(s): On February 27, 2014 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 5018 PAGE 3601, for more information. The violation has partially been abated as of March 1, 2014 FINES AND COSTS TO DATE ARE AS FOLLOWS: Order Item 2: Fines have accrued at a rate of$250.00 per day for the period between June 28, 2014 to July 24, 2014 (27 days) for a total fine amount of$6,750.00. Fines continue to accrue. Previously assessed operational costs of$64.34 have been paid. Operational Costs for today's hearing: $63.14 Total Amount to date: $ 6,813.14 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. JOSE & MARIA GARCIA Inv. Steven Lopez-Silvero Department Case No. CESD20130012048 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 12 0.025 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 5 12 0.025 $1.50 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $12.14 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $63.14 TOTAL OPERATIONAL COSTS: $63.14 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20130018722 925 Cypress LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, 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:The Collier County Land Development Code,2004-41,As Amended, Section.10.02.06(B)(1)(a) 2. Description of Violation:An unpermitted dumpster enclosure on the Southeast side of the property. 3. Location/address where violation exists: 2829 Shoreview Dr., Naples FL, 34112. Folio #48170680008 4. Name and address of owner/person in charge of violation location: Adam Kaplan, 1109.Lavender Circle,Weston FL 33327. 5. Date violation first observed:December 12th,2013. 6. Date owner/person in charge given Notice of Violation:January 27th,2014. 7. Date on/by which violation to be corrected:February 26`h,2014. 8. Date of re-inspection: June 11 th,2014. 9. Results of Re-inspection:Non-compliant. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this l l th day of June, 2014 Jeff L tourneau Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER s°SpR v�e�n TERESATOOLEY Sworn to(or affirmed)and subscribed before this 11th day of June,2014 by x t i MY COMMISSION#FF 059279 ( ) y y • irk. EXPIRES:November 7,2017 Q Q rSTF0F�s3e-' Bonded Thru Budget Notary Services (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced REV 12-30-13 Case Number:CESD20130018722 Date:January 27,2014 Investigator: Eric Short Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: 925 CYPRESS LLC 1180 S OCEAN BLVD LANTANA, FL Agent:ADAM D KAPLAN 1109 LAVENDER CRCLE WESTON, FL 33327 Location:2829 Shoreview DR, Unit:4 Unincorporated Collier County Zoning Dist: RMF-6 BMUD Property Description:GULF SHORES BLK 2 LOTS 4,5&6 Folio:48170680008 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples 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), r". inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: ‘411rr Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness:An unpermitted dumpster enclosure on the Southeast side of the property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: 02/26/2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 W. Eric Short Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit, demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING cCode Case Number: CESD20130018722 Respondent(s): 925 CYPRESS LLC THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 2829 Shoreview DR, Unit:4 , on 01/27/2014 (Date), at 1:38pm(Time),and at the X Collier County Courthouse—Immokalee Courthouse. (Signature of Code Enforcement Official) CW. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Swo to(,pc a��ffirmed)an bsscribed bar me this 7 nr\day of r �_- 1\Jf \ \ ,2014 by Eric Short(Name of person making stateme t) . TQ.! (: ._ , (Signature of Notary Public)tra.PuO` NEIL C.DAY o MY COMMISSION°FE(s46>7' �'i EXPIRES:August 26,20 df'TFOp„se actx72G'hrpACriceiharr;C.=itr;r. (Print,type or stamp Commissioned Name of Notary Public) personally known • Produced identification Type of identification produced C AFFIDAVIT OF MAILING CCode Case Number: CESD20130018722 Respondent(s): Mailed NOV certified 7013 1710 0002 3381 5006 CESD20130018722 NOV ES#45 925 CYPRESS LLC 1180 S OCEAN BLVD LANTANA, FL 33462 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 1180 S OCEAN BLVD LANTANA, FL 33462, on _1/27/14_(Date), at_9:51 am_(Time). T.Q] 4 (Signature nature of Code Enfor ent Official) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_27th_day of_January_, 2014 by Neil Day(Name of person making statement) ,,: :3,/,,,,/ (Signature of Notary Public) t,.AY Pue KIMBERLY BRANDES Public) * MY COMMISSION?FF 048466 ' c EXPIRES:September 17,2017 "1",/,ro,rtov c Bonded Thru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced The Collier County Land Development Code,2004-41,As Amended Section 10.02.06 Requirements for Permits B.Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a.Zoning action on building or land alteration permits.The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits,and blasting permits. No building or structure shall be erected, moved, added to,altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building,structure,or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation,or variances as provided by this Code,or unless he shall receive a written order from a court or tribunal of competent jurisdiction. C C INSTR 4507414 OR 4634 PG 2122 RECORDED 12/20/2010 2:05 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC @.70 $2,800.00 REC $18.50 CONS $400,000.00 C WARRANTY DEED,SPECIAL FROM CORPORATION RETURN TO AND PREPARED BY: NAME: Stuart Buchanan,Esquire ADDRESS: SWANN&HADLEY,P.A. 1031 W.MORSE BLVD.,SUITE 350 WINTER PARK,FL 32789 PROPERTY APPRAISER PARCEL IDENTIFICATION (FOLIO NUMBER .-4: 'i T,Try STATE OF FLORIDA COUNTY OF COLLIER THIS SPECIAL WAR• N i. 'E ' M d: , �� -1ii,; ar o December, A.D. 2010, by EverEank a federal saving ', = '•a g °.: at,nci. . aced usiness at 1185 Immokafee Road, Naples, Florida 34111 e -in.'err -• is'...r* �z• • �'; .ress, LLC, a Florida limited P liability company whose •• - address is: 1181 0 e. d., Manalapan, Florida 33462 hereinafter called Grantee*: 1 0 WITNESSETH: That the Gran ,41111,,fo . in •• -1-:;1",, of the sum of $10.00 and other valuable considerations, receipt whe -: istligeVy, ! edged, by these presents does grant, bargain, sell, alien, remise, release, convey • • rm unto the Grantee, all that certain land situate in Collier County, Florida,to-wit Lots 4, 5, and 6, of Block 2, GULF SHORES, according to the plat thereof as recorded in Plat Book 4, at Page 50, in the Public Records of Collier County, Florida. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have And To Hold,the same in fee simple forever. And the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simple; that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the tide to said land and will defend the same against the lawful daims of all persons daiming by, through or under the said Grantor; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2010, and restrictions and easements of record, if any, however,this reference does not operate to reimpose the same. 1 *** OR 4634 PG 2123 *** C (*Wherever used herein,the term"Grantee/Grantor"shall indude all the parties to this instrument and the heirs, personal representatives, and assigns of individuals and the successors and/or assigns of the corporations; the use of the singular number shall indude the plural and the plural the singular; the use of any gender shall include all genders.) IN WITNESS WHEREOF, Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized,the day and year first above written. Signed,sealed and delivered in the •resence of: EverBank, a federal savings bank "�'► By: z�� Print Name: /:� is • Pri ' �; � . 2, irt,Y` =r.f}. �1 rod! ( ' Pri 'a e: /r STATE OF FLORIDA ) a ' COUNTY OF COLLIER The foregoi a instrument =• ,ubscribed and sw..= F. e this I)day of December 2010, by A ... ' " _ yak,. a * Aik.ident of EverBank, a federal savings bank, on behalf of th- bjr_ He/she is - . kno n to me or has produced • 'dam ��,-5)r''identification. 1 MICHELLE R.CAPLINGER ,I•.f/'II jir f/ �"""r'"�+ Comm DD0717738 No�ry Public !t — i °. _}� �:� Expires 9/2312011 NT Ci'6-Llri l n(i n3 =fi r Florida Notary A�.inc Print or Type Name cJ Serial Number: DT)01 l-1-MS" My Commission Expires: (NOTARY SEAL) H:\1 tflWLAN STUART‘EVERBANK(COMM LOSS SHARE)\S-T ROIFF-SIAVNY PARADISE 2777-2829,NAPLES,RORID SPECra.WARRANTY DEED.DOC 2 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20130018722 Board of County Commissioners, Collier County, Florida Vs. 925 Cypress LLC Violation of Ordinance/Section(s) The Collier County Land Development Code, 2004-41, As Amended, Section 10.02.06(B)(1)(a) Jeff Letourneau, Code Enforcement Official Department Case No. CESD20130018722 DESCRIPTION OF VIOLATION: An unpermitted dumpster enclosure on the Southeast side of the property. 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 8/1 6/1 1 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20130018722 925 Cypress LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW the undersigned, 4-47/4.,. 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 CESD20130018722 dated the 27th day of January, 2014. In consideration of the disposition and r solution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled forIA ; 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. An unpermitted dumpster enclosure on the Southeast side of the property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $64.04 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 90 days of this hearing or a fine of$100.00 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 owne . 4 Respondent or Representative (sign) Jeff ight, Director Code Enforcement De artment 1 ///e7 v/ Respondent or Representative (print) Date Date l REV 12/3013 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. 925 CYPRESS LLC Inv. Jeff Letourneau Department Case No. CESD20130018722 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 8 12 0.025 $2.40 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $13.04 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $64.04 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $64.04 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY C3 OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEROW20140005480 KEITO HOLDINGS,LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): : Collier County Code of Laws and Ordinances,Chapter 110 Roads and Bridges, Article II Construction in Right of Way,Division 1 Generally, Section 110-32. 2. Description of Violation: Offending material in the ROW(Culvert/drainage pipe, catch basin and grate in a state of disrepair) 3. Location/address where violation exists: 5362 Trammel St Naples,FL 34113 Folio: 62263080009 4. Name and address of owner/person in charge of violation location: KEITO HOLDINGS 9128 Strada Pl STE 10115 Naples,FL 34108 5. Date violation first observed: March 19,2014 6. Date owner/person in charge given Notice of Violation: April 8,2014 7. Date on/by which violation to be corrected: May 7,2014 8. Date of re-inspection: June 11,2014 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of June,2014 • Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER -2- ,0.':a�B4 TERESA TOOLEY Sworn to(or affirmed)and subscribed before this day of ,2014 by MY COMMISSION#FF 069279 uNF'. EXPIRES:November 7,2017 V V 4 of Foos Bonded Thru Budget Notary Services � w (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 12-30-13 4r Case Number: CEROW20140005480 Date:April 07,2014 C Investigator:James Kincaid Phone:2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KEITO HOLDINGS LLC 9128 STRADA PL STE 10115 NAPLES, FL 34108 Location: 5362 TRAMMELL ST Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: NAPLES MANOR LAKES BLK 13 LOT 16 Folio:62263080009 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: Removal of Offending Materal, Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Public Rights of Way, Division 1 Generally, Section 110-32 Offending Materal: Means any object placed, constructed, or grown in any public right-of-way with or without a Collier County permit and that may endanger any person, damage the right-of-way, restrict existing or planned drainage, or impair normal maintenance. Sec. 110-32. Removal of offending material. Offending material is a public nuisance and is subject to removal by Collier CCounty Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Culvert/drainage pipe, catch basin and grate in a state of disrepair ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Obtain applicable right of way permit from Department of Transportation to repair or replace any and all offending materials in the right of way including but not limited to the culvert/drainage pipe, catch basin and grate. ON OR BEFORE: 05/07/2014 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 i 2800 North Horseshoe Dr, Naples, FL 34104 401 nvestigator Signature Phone: 239 252-2440 FAX: 239 252-2343 ames Kincaid Signature and Title of Recipient C • Printed Name of Recipient CCEROW20140005480 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. 0 C AFFIDAVIT OF MAILING Code Case Number: CEROW20140005480 Respondent(s): KEITO HOLDINGS LLC THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Ir{1111{{I{�{Ilrrll{{Ilrrll{III'{{{'I'{'ll{'{1'1'11111{"111'11" Citation CASE: CEROW2O14OOO5480 Keito Holdings LLC Notice to Appear 9128 Strada PI Ste 10115 Code Enforcement Board Evidence Packet Naples, FL 34108 Other: I Indira Rajah, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 9128 STRADA PL STE 10115 NAPLES, FL 34108-, on 4/7/2014 (Date), at 1'51 PM (Time). ,9Y/CIOL4 (P CtiN (Signature of Code ment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 7th day of March, 2014 by Indira Rajah(Name of person making statement) inj (Signature of Notary Public) +0t"a.off NEL C.DAY * , * MY COMMISSION#FF 048477 T% AFFIDAVIT OF POSTING Code Case Number: CEROW20140005480 Respondent(s): KEITO HOLDINGS LLC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 5362 TRAMMELL ST , on April 8, 2014(Date), at 1:19 PM(Time), and at the _X_Collier County Courthouse Immokalee Courthouse. •Oe'4%."J err► (S gnature of Code E forcement Official) J.:mes Kincaid STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and ubscribed before me this q day of Yi/ , 2014 by James Kincaid(Name of pdrson making statement) • (Signature of Notary Public) INDIRA RAJAH *_ � * MY COMMISSION#EE 126592 ,111' * EXPIRES:December 7,2015 +rFm Foe Bonded The Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) V Personally known Produced identification Type of identification produced C f 11r�r+ Chapter 110 - ROADS AND BRIDGES ARTICLE II. - CONSTRUCTION IN PUBLIC RIGHTS-OF-WAY DIVISION 1 — GENERALLY Offending material: Means any object placed, constructed, or,grown in any public right-of-way with or without aCollier County permit and that may endanger any person, damage the right-of- way, restrict existing or planned drainage, or impair normal maintenance. Sec. 110-2 - Removal of offending material. Offending material is a public nuisance and is subject to removal by Collier County C C INSTR 4837622 OR 4919 PG 1577 RECORDED 5/13/2013 10:10 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $17.50 REC $18.50 CONS $2,500.00 C Return after recording to: Brooke Peppey Padgitt,Padgitt&Peppey Ltd. 560 Green Bay Rd.-Suite 100 Winnetka,IL 60093 Space above this line for recording data r),),\;:-----,R. C61:71,. ,� / 7 UIT CLAIM DEE C THIS QUIT CLAIM DEE is as,- th. /' I - s At k 1 ,2013, between Jail Lobaina and Ak,, s u . , a a _ 46 d ,,(` t ,, for")whose post office address is 5362 Trammel Str aples,FL 34113 O . 5 DINGS,LLC,a Delaware limited liability company, (" � -e"),whose post of " d - • 343 Park Avenue#8, Glencoe, IL 60022. \'h (Wherever used herein the terms"Grant. " ranter'shall igdudeesin l d plural,heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporau.. w e r `hece�te3k ad.• or requires.) The Grantor,in consideration of the sum of Ten Dollars($10.00),and other good and valuable consideration paid by the Grantee to the Grantor,the receipt of which is hereby acknowledged,does hereby remise, release and quit-claim unto the said Grantee forever,all the right,title,interest,claim and demand which the said Grantor has in and to the following described lot,piece of parcel of land,situated,lying and being in the County of Collier,State of Florida,to wit: Lots 16,Block 13,Naples Manor Lakes,according to the plat in Plat Book 3,Pages 86 and 87,Public Records of Collier Couty,Florida. Subject to ad valorem taxes for the year 2013 and subsequent years;zoning,building code and other use restrictions imposed by governmental authority,outstanding oil,gas and mineral interests of record if any;and restrictions,reservations and easements common to the subdivision;provided however,that none of them shall prevent use of the property for residential purposes. To have and to hold the same,together with all and singular the appurtenances there unto belonging or in anywise appertaining,and all the estate,right,title,interest,lien,equity and claim whatsoever of the said Grantor, either in law or equity,to the only proper use,benefit and behalf of the said Grantee forever. C 4 *** OR 4919 PG 1578 *** C IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first written. Signed,sealed and delivered In the presence of: Witness ame: {' f t-^Kq Jail Lobai a i / / 40: Witness name: rs7ct' 74z0/54. Ana ..queida 111111h4.1 STATE OF FLORIDA ) WITNESS; MA'°TZA ORENe') )SS: COUNTY OF COLLIER ) ' � 6 The foregoing instrumen '�/�°'' owledged ani t sed before me this 13TH day of MAY 2013,b Ja1 bLo t&Ma Mosque da, ho [ ] are personally know , . to me or[XXX ]have produce FED f, - as identification. ' Ittli I I: J�' ' j 7Oj �D^ HT E BROC' .t`'',� �•;'�.�r�`•'�,, L OF CIRCUIT,.'d'OURT • " - -,,.. . 410.. (77?.0 4(seal) al:.....1... ..l'ida.—�_ 1 \'''; Printed pme S ,A REPETTI,:DEPUTY1 MR ti. cc. ,Arr^Btlt:v'Oeoltto';`'. C a COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEROW20140005480 Board of County Commissioners, Collier County, Florida Vs. KEITO Holdings LLC Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-32 James Kincaid, Code Enforcement Official Department Case No.CEROW20140005480 DESCRIPTION OF VIOLATION: Offending material in the ROW (Culvert/drainage pipe, catch basin and grate in a state of 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. Obtaining all required Collier County Transportation Operations Department Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy necessary to repair/replace culvert/drainage pipe, catch basin and grate and return right of way to a permitted state 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 Keito Holdings, LLC 9128 Strada Place, Suite 10115 Naples, FL 34108 July 11, 2014 Mr. James Kincaid Issuing Officer Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 RE: Case CEROW20140005480 Dear Mr. Kincaid, This is in response to your Notice of Hearing on the above referenced case number for a hearing on July 24, 2014 at 9:00am. It was received via US mail on July 11, 2014. This is to advise you that I am the sole representative of the entity owning 5362 Trammel. I cannot attend this hearing as I will be out of country. I also do not have adequate time to find an attorney to represent at the hearing as I am leaving within hours of receipt of this notice. This letter serves as an official request for a new hearing date. Please advise accordingly. Sinc; ely,_ Kristen Jasinski Kosumo Holdings, LLC 9128 Strada Place, #10115 Naples, FL 34108 -� CG )05. 7-e-f-,--- 4- /Joie 611-771-3- (1J , CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. KEITO HOLDINGS LLC Inv. James Kincaid Department Case No. CEROW20140005480 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 8 12 0.025 $2.40 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $13.04 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $64.04 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $64.04 ti■ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO: CESD20140000248 Christopher Esenberg,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(a) 2. Description of Violation:Expired Permit for a pool and a permit for a pool enclosure with no Certificate of Completion/Occupancy. 3. Location/address where violation exists: 3301 Guilford Rd.Naples,FL 34112 Folio:47871360000 4. Name and address of owner/person in charge of violation location: Christopher Esenberg 3301 Guilford Rd.Naples,FL 34112 5. Date violation first observed:January 07,2014 6. Date owner/person in charge given Notice of Violation:January 14,2014 7. Date on/by which violation to be corrected:February 15,2014 8. Date of re-inspection: June 04,2014 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 for a public hearing. Dated this 04th day of June, 2014 W.Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this LI day of J VAN)L ,2014 by -r C ,0(21 ,,00R....e`'t, SHIRLEY GARCIA * MY COMMISSION#FF 075053 (Signature of Notary Pub !', J F EXPIRES:December 21,2017 (Print/Type/Stamp Commissioned '4p2 °Y�° Bonded Thru Budget Notary Bermes Name of Notary Public) Personally known or produced identification Type of identificati produced REV 12-30-13 • Case Number: CESD20140000248 • Date:January 14,2014 Investigator: Eric Short C - Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ESENBERG, CHRISTOPHER 3301 GUILFORD RD NAPLES, FL 34112 - Location: 3301 Guilford RD Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: GUILFORD ACRES BLK A LOT 18, LESS N 230FT+LESS W 20FT FOR DE Folio:47871360000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits•,as - required by the Collier County Building code or this Code are in accord with the requirements of this Code,and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples 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: Expired permits for a pool, pool enclosure,and driveway. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): ON OR BEFORE: 02/15/2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation • remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator`Signature Phone: 52-2440 FAX: 239 252-2343 W. Eric Short / • ignature and Title of Rt, 2°,1' Printed Name of Recipient • / /17—f Date 'This violation may require additional compliance and approval from other departments which maybe required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit, demogtion of structure,Site Development Plan,Insubstantial Change io Site Development Plan,and Variants along with,payment of impact lees,and any new or outstanding fees required for approval. • • C Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as.required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction C 4 *** INSTR 4776469 OR 4866 PG 2338 RECORDED 12/19/2012 9:38 AN PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $0.70 REC $10.00 C Parcel ID Number:47871360000 QUITCLAIM DEED This Quitclaim Deed, Made this day of May,2012 A.D.,Between John G.Vega,as Trustee of the Guilford Acres Trust Dated May 10,2012 Of 2666 Airport Road South,Naples,Florida 34112, grantor,and Christopher Esenberg,a single man whose address is:3301 Guilford Road,Naples,FL 34112 of the County of Collier,State of Florida,grantee. Witnesseth that the Grantor, for and in consideration of the sum of Ten Dollars and Other Good and Valuable Consideration,in band paid by the Grantee,receipt whereof is hereby acknowledged,has granted,bargained and sold to the said Grantee and Grantee's heirs and assigns forever,the following described land,situate,lying and being in the County of Collier State of Florida to wit: Lot 18,Block A,GUILFO• i t+'` y. :* 1 to the plat thereof',recorded in Plat Book 3,Page 59,of the Publi i . . of'Collier "�rfl't- orida. The property herei, co. e .e di _:It .s i F - o. stead property of the Grantor. C 0 i' V To Have and to Hold the h: i�er �� .1 s appurtenances thereunto belonging or in any way ap. ,ining,and all the a�a te, i ' e,interest,lien,equity and claim whatsoever of grantor,'i■ in law or equity, . "7 benefit and profit of the said grantee forever. In Witness Whereof,the grantor hash • , s h"f.- seal the day and year first above written. Signed,sealed and delivered in our presence: • 6/ deft w • (SEAL) Printed . ' ettfallgaiN` John I.Vega,Trustee Wi Hess 4 /_ : Pea • Name: .Vw tl m i • is Witness STATE OF FLORIDA_ COUNTY OF COLLIER The foregoing instrument was acknowledged before this 1 da of December 2012 by John G. Vega,who is personally known to me or who has produced as identification. This Document Prepared By: �; .I 1' to l a John G.Vega,Esquire Printed Name: 10.-�v 2666 Airport Road South NOTARY PUBLIC Naples,Fl 34112 My Commission Expires: u„ (239)659-3251 MELA + .•.`r4 NESLANDIS WITHOUT OPINION OF TITLE '12Y COMMISSION 1 EE 1952 .Tpj . EXPIRES:May 13,2616 UnbaradoftriSarkes C COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20140000248 Board of County Commissioners, Collier County, Florida Vs. Christopher Esenberg Violation of Collier County Land Development code 04-41, as amended, section 10.02.06(B)(1)(a) Eric Short, Code Enforcement Official Department Case No: CESD20140000248 DESCRIPTION OF VIOLATION: Expired permit for a pool and a permit for a pool enclosure with no Certificate of Completion/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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20140000248 Christopher Esenberg Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, a/05 '(ttr e-ce'-f 4eY , 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 CESD20140000248 dated the 14th day of January, 2014. 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 July 24, 2014; 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 $62.84 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 90 days of this hearing or a fine of$100.00 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 owne , 'espondent or --I-Presentative (sign) /= Jeff Wright, Director Code Enforcement Department ///1/'/ �G/1 L'�^ 7 // // `� Respondent or Representative (print) Date 7- /0 /v Date CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. CHRISTOPHER ESENBERG Inv. Eric Short Department Case No. CESD20140000248 FINDING OF FACT HEARING Copt/Costs & Mail Fees Pages Copies Per Page Black &White 4 12 0.025 $1.20 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $11.84 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $62.84 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $62.84 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner Cs. DEPT CASE NO. CEVR20140000223 CASA DE VIDA HOMEOWNERS ASSOCIATION,Respondent STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007.44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more -particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41,as amended,section 3.05.08(C). 2. Description of Violation: Presence of Prohibited Exotic Vegetation, including but not limited to, Java Plum and Ear Leaf Acacia,in Conservation/Drainage Easement Tract C of the Casa de Vida Planned Unit Development(PUD). 3. Location/address where violation exists: Conservation/Drainage Easement Tract C of Casa de Vida PUD,folio#25700000068,no site address,34110. 4. Name and address of owner/person in charge of violation location: Registered Agent Gail Clark, 657 Soleil Drive,Naples FL 34110. 5. Date violation first observed: January 7,2014. 6. Date owner/person in charge given Notice of Violation: Green Card signed on April 9,2014. 7. Date on/by which violation to be corrected: May 3,2014. 8. Date of re-inspection: May 30,2014. 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 3rd day of June, 2014 ■ 1 i� Michaelle Crowley Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER a°; ; NEIL C.DAY * _� * MY COMMISSION#FF 048477 ul'` EXPIRES:August 26,2017 Sworn to(or affirmed)and subscribed before this 3rd day of June ,2014 by Nj-4FOFr,00o� Bonded Thru Budget Notary Services tUr. (Signature of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_x or produced identification C REV 12-30-13 Case Number: CEVR20140000223 Date:April 4,2014 Investigator: Michaelle Crowley Phone:239-252-2972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CASA DE VIDA HOMEOWNERS ASSN, CIO JANINE RENDANO, 603 SOLIEL DR, NAPLES FL 34110 Registered Agent: GAIL CLARK, 657 SOLEIL DRIVE, NAPLES, FL 34110 Location: CASA DE VIDA. Unincorporated Collier County . Zoning Dist: PUD. Property Legal Description: CASA DEL VIDA TRACT C (CONSV&D.E.) . Folio 25700000068 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: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3.05.08(C). The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF), estates(E),village residential(VR), and mobile home(MH), prior to issuance of a building permit.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Prohibited Exotic Vegetation, including, but not limited to, Ear Leaf Acacia,within the Conservation tract for Casa De Vida. Brazilian Pepper plants have already been removed, but the Ear Leaf Acacia trees remain. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove prohibited exotic vegetation as identified in Ordinance 04-41,as amended, Section 3.05.08. Removal all prohibited exotic vegetation'within the platted Conservation tract. The Conservation tract is required to remain exotic-free in perpetuity. When prohibited exotic vegetation is removed, but the base of the vegetation remains,the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Mechanical clearing of Collier County prohibited exotic vegetation shall require a vegetation removal permit. ON OR BEFORE: 5/3/2014 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 casts of prosecution. SERVED BY: Personal Servie on Agent INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT ii\A-1 (AAktAli2 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient Data *This iitolation 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. . . -%..SENDER:COMPLETE THIS SECTION ' ° . COMPLETE THIS SECTION'ON DELIVERY IV Complete items 1 2,and 3 Also complete z •-;•'"••.r.,•,',' Iiirlatgre item 4 if rtaricted'Delivery is desired. ' *::::_' YAK r--, _ c _PI-Agent Print your name and address on the reverse --'. 's 1 ) . 1_,....------0 Addressee so that we can return the card to you. s• 'A- :. Re eived by - n-• -■ e) •„telof DIvery - E Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? 'El tes _. •. .. . . .. .. If YES,.enter delivery address below: 0 No CEVR20140000223 NOV MC #87 • . . . I GAIL CLARK --- 657 SOLEIL DRIVE I . NAPLES,. FL 34110 3. S ice Type 2 ' eertified Mail® 0 priority Mail Express" Registered 0 Return Receipt for Merchandise _ 0 Insured Mail . 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 2250 0001 0138 0872 (Transfer from service label) .. , PS Form 3811,July 2013 Domestic Return ReCeipl; C - - • • :4SEISICIEW:C0110LETET111 §ECTioiv .qpniu:AqTETHis,scapp ON DELIvERy_. .-g.r:,.;FLI'l-',3, Ar,;,-.,..---:. :V.,,-- ,,,,. -77 --',„.---, , ,‘,, ,'" ,,..' - r,-'.--- ',;4,-,-,-.• ,,,'''-= 111 Complete items 1,2,and 3.Also complete - .n- ure , I item 4 if Restricted Delivery is desired. - ie-, 101.:1 Agent 13 Print your name and address on the reverse i X -di r\-\.),)"rvt ■ • ID Addressee so that we can return the card to you. 1-15"(R-ce ed by(Printed.Name). -C. oat of 'eliv ry 411 Attach this card to the back of the mailpiece, Li if tqi or on the front if space permits. D. Is delivery address different from item 1?i 1:1 Ys f ES,enter delivery address below: El No CEVR20140000223 NOV MC#87 1 CASA DE VIDA HOMEOWNERS ASSN - - - :-' - --.- ..., C/O JANINE RENDANO II . .----J 603 SOLIEL DR NAPLES FL 34110 3. 4,- ice Type rJ -- -. ----- ---- -- L... Certified Mail® 0 Priority Mall Express"' • 0 Registered 0 Return Receipt for Merchandise, 0 Insured Mail 0 Collect on Delivery __ 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7013 2250 0001 0138 0865 PS Form 3811,July 2013 Domestic Return Receipt . 0 m 3.05.08 -Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia(Acacia auriculiformis) Australian pine(Casuarina spp.) Melaleuca(Melaleuca spp.) Catclaw mimose(Minosa pigra) Downy rosemyrtle(Rhodomyrtus tomentosa) Brazilian pepper(Schinus terebinthifolius) Java plum(Syzygium cumini) Women's tongue(Albizia lebbeck) Climbing fern(Lygodium spp.) Air potato(Dioscorea bulbifera) Lather leaf(Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways,roughs, and adjacentopen space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. C 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been �d approved by the U.S. Environmental Protection Agency.Any person who supervises up to eight (8)people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation in preserves, required retained native vegetation areas,wetlands,or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated.When prohibited exotic vegetation is removed, but the base of the vegetation remains,the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan.A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order.This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity.This maintenance plan shall be implemented on a yearly basis at a minimum.Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section.The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section,the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots.This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather.This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family(RSF),estates(E),village residential(VR), and mobile home (MH), prior to issuance of a building permit. (Ord.No. 05-27,§3.N;Ord.No.08-53,§3.!) C k• 4241520 OR: 4413 PG: 3211 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL . 12/16/2008 at 08:56AN DWIGHT E. BROCi, CLERK REC FEE 27.00 C DOC•.10 .70 erh Retn: SAXONS KURRELL ET AL This instrument Prepared 5405 PARE CENTRAL CT Without Opinion or the Issuance of Title Insurance By and Return to: NAPLES FL 34109 Scott M.Grant,Esquire SCOTT M.GRANT,P.A. 3400 Tamiami Trail North,Suite 201 Naples,Florida 34103 SPECIAL WARRANTY DEED THIS INDENTURE, made this day of 3 y ,�C,�,��;2008, between PALM FOUNDATION HOME DIVISION,INC.f/k/a PALM FOUNDATION,INC.a Nevada Corporation, the"Grantor"whose mailing address is 5133 Costello Drive, Suite 1,Naples,FL 34103,to CASA DE VIDA HOMEOWNERS ASSOCIATION, INC. a Florida non-profit corporation, "Grantee". (Wherever used herein the terms"Grantor"and"Grantee"shall include singular and plural, heirs,legal representatives,and assigns of indi 'duals and the successors and assigns of corporation, wherever the context so admits or re uir . i . C • WITNESSETH, that sai G for, for and in consi 8 do of the sum of Ten Dollars, and other good and valuable cons io era d Graztto�-an han paid by said Grantee, the receipt whereof is hereby acknowledged,jclonveys d 't-clai s to Gr'ante and his or her successors as trustee of the above-described t t ll` n e l'' state, situate, lying and being in Collier County, Florida, to-wt: ( N�Is.\C� Exhibit"A" attac d he et f Together with all appurte `Ce benefits,rights, 16/C5) d easements in any way P ,.,g Y Y pertaining thereto. Subject to easements, reservations an r unctions of record. And Grantor,for itself and for its successors and assigns,does hereby covenant with Grantee that it will defend the same against the lawful claims of all persons claiming by,through and or under Grantor. The words"Grantor", "Grantee", are used for singular or plural, as the context requires. 1 to • OR: 4413 PG: 3212 c IN WITNESS WHEREOF, Grantor has hereunder set Grantor's hand and seal the day and year first above written. Signed, sealed, and delivered in our presence: Palm Foundation, Inc., f/k/a Palm Foundation Home Division, Inc., a Nevada Corporation W'tness#1 f a e B . J- . , C A if r—t Steven H. Loveless, as i resident Print Nam- // I...�R- C . 'tne s•2 Signature / +,p, Print ame STATE OF FLORIDA L COUNTY OF COLLIER 0 • Sworn to(or affirmed)and subs rid efore me this ' : _. ,2008,by STEVEN H.LOVELESS as Presid i LM FOUND I 1NC.a levada Corporation,who is personally known to me or who pro -d '- till as idenf ication. • t. - NON POI-Vile t! . . Pub t of t-o CusatakalbOashion. '' Commllroe 100 WIG aa:= Doodad Wong • Moe. 2 • *** OR: 4413 PG: 3213 *** C Exhibit "A" Tracts A,B,C,D,E of CASA DEL VIDA, according to the plat thereof, recorded in Plat Book 26, Pages 36 and 37 of the Public Records of Collier County, Florida. Tie '1111)Vvr ?c / `€ 'SY 3 C COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20140000223 Board of County Commissioners, Collier County, Florida Vs. Casa de Vida Homeowners Association. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, section 3.05.08 (C) Michaelle Crowley, Code Enforcement Official Department Case No. CEVR20140000223 DESCRIPTION OF VIOLATION: The presence of prohibited Exotic Vegetation, including, but not limited to, Ear Leaf Acacia and Java Plum, within Conservation/Drainage Easement Tract C for which the removal of Exotic Vegetation is required in perpetuity. 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 within days by: 1. Remove all Collier County prohibited Exotic vegetation that exists within the Conservation/Drainage Easement Tract C of Casa de Vida. When prohibited Exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 2. Mechanical clearing of Collier County prohibited exotic vegetation shall require a Vegetation Removal Permit. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. CASA DE VIDA HOMEOWNERS ASSN Inv. Michaelle Crowley Department Case No. CEVR20140000223 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 8 12 0.025 $2.40 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $13.04 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $64.04 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $64.04 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20140001165 Helen Valent,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code,04-41 as amended, Section 2.02.03 2. Description of Violation: Semi Trucks and trailers in the yard. 3. Location/address where violation exists: 6810 Vanderbilt Beach Rd Naples, FL Folio # 36660480005 4. Name and address of owner/person in charge of violation location: Helen Valent 14960 Collier Blvd.#4067 Naples,FL 34119 5. Date violation first observed:January 16,2014 C6. Date owner/person in charge given Notice of Violation: January 29,2014 7. Date on/by which violation to be corrected:February 28,2014 8. Date of re-inspection: April 25,2014 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 Colli County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Bo d G. a public heg. Dated this 8th day of May, 2014 / • , /...-_J //AI .iA • ■Code Enforcement Investigator Colleen Crawley STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or armed)and subscribed before this 8th day of May ,2014 by Cpl 1t tin Cf ....-le 4--1 (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) C Personally known ✓ or produced identification NOTARY PUBLIC STATE OF L 1 4 Kew' Mains Type of identification produced (1,A'Commission#EE00 57(29 Expires: ;TUNE 30,20%4 REV 1-2-13 aoti-WED THI�U ATLANCICaoNDII�c co.,IN C. , Case Number:CELU20140001165 Date:January 29,2014 C Investigator: Colleen Crawley Phone:2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:VALENT, HELEN 14960 COLLIER BLVD#4067 NAPLES, FL 34119- Location:6810 Vanderbilt Beach RD Unincorporated Collier County Zoning Dist: - Property Legal Description:GOLDEN GATE EST UNIT 2 N 1/2 OF TR 8W LESS THE NLY 60FT THEREOF Folio: 36660480005 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: Prohibited Use. Collier County Land Development Code 04-41 as amended,Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CON DITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed semi trucks and trailers in the yard. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection - 1. Must cease use at any and all property other than property zoned for use as identified in Ordinance 04-41, as amended, Section 2.04.03, OR Remove from unimproved property . ON OR BEFORE: 2/2812014 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. ER D BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT I . _IA 4 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signat = Phone: 239 252-2440 FAX:239 252-2343 Colleen Crawley Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. C C AFFIDAVIT OF MAILING __ Code Case Number: CELU20140001165 Respondent(s): U.S. Postal Service NOV mailed Regular/Certified#7013 1710 0002 3381 3293 Case#CELU20140001165 NOV CC-14 CERTIFIED MAIL RECEIPT VALENT, HELEN pm- (Domestic Mail Only;No Insurance Coverage Provided) 14960 COLLIER BLVD#4067 ru NAPLES,FL 34119 m For delivery information visit our website at www.usps.com THE- m DESCRIPTION OF THE DOCUMENT(S)SERVED: ►+1 [Check the applicable document(s)] m Postage $ n • ;� c Certified Fee (-• • ,(C. I ru XNotice of Violation Poe4n 9 Return Receipt Fee _Notice of Hearing °G (Endorsement Required) _. Mere • Restricted Delivery Fee _Notice of Hearing/Imposition of Fines Citation a Case# CELU20140001165 NOV CC-14• _Notice to Appear VALENT, HELEN Code Enforcement Board Evidence Packet o "o 14960 COLLIER BLVD#4067 NAPLES, FL 34119 Other: PS Form 3800.August 2006 See Reverse for Instructions I Kimberly Brandes, Code Enforcement Official,hereby swear and affirm that a true and correct copy of the notice referenced above,has been sent First Class U.S.Mail to the above respondent at above location,on January 31,2014, at 4:00Pm. 4:q1\--<60t,„. (Signature of Code Enfor•- -nt O cial) - Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 31st day of January ,2014 by Kimberly Brandes (Name of person making statement) I et (Signature of Notawliptiy NEIL •%AY * MY COMMIS%•N IF FF048477 EXPIRES:August 26,2017 Bonded lhru Budget Notary,Services (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced C AFFIDAVIT OF POSTING Code Case Number: CELU20140001165 Respondent(s): o VALENT, HELEN C/O 14960 COLLIER BLVD#4067 3 i 3 THE DESCRIPTION OF THE DOCUMENTS) POSTED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Colleen Crawley, Code Enforcement Official,hereby swear and affirm that I have personally posted the above described document(sj for the above respondents)at 6810 Vanderbilt Beach RD , on 1/29/14(Date),at 10:30 a.m.(Time),and at the_,X_Collier Co Courthouse. \■ \ \ , Ncs j\\___ 'CI\b,W )UQLL . (5tgnature of Code Enforcement Official) Colleen Crawley STATE OF FLORIDA COUNTY OF COLLIER . Sworn to(or affirmed)and subscribed before me this 30th day of January,2014 by i Colleen Crawley(Name of person making statement) w 1 C.,(Signat re o otary Publ'k .....,,, C.DAY * MY COMMISSION I FF048477 a * Tit EXPIRES:August26,2017 �j'r)pa,i Bonded Thru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced I Collier County Land Development Code, 04-41 as amended, Section 2.02.03 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. redbr: *** 2876946 OR: 2914 PG: 0933 *t* Maryellen Cali WOOD ill 0IIICIM HCOIDI of COLLIII COMM, P1 INDEPENDENT TITLE OF NAPLES, INC 10/25/2001 It 05:4111 DIIGIT I. ma, CLUI 838 Anchor Rode Dr. RIC P11 4.01 Naples, FL 34103 D0C-.70 .71 File No. : 1561 litn: Parcel ID k 36660480005 IIIDIIIIDIIT?ITL1 Of 1110111 IIC1 II g Corrective QUIT CLAIM DEED is QUIT CLAIM DEED, dated this 23rd day of October A.D. 2001 by HELEN VALENT,1 .5/4'6e pe.Ss4 hose post office address is 14960 Collier Blvd. , #4067, Naples, Florida 34119 ereinafter called the GRANTOR,to Kaye Homes, Inc., A Florida Corporation hose post Office address IS 1 e 4163 Golden Gate Parkway Naples, Florida 34116 reinafter called the GRANTEE: (Wherever used herein the terms'GRANTOR'and'GRANTEE'include all the parties to this instrument and the heirs,legal irepresentatives and assigns of individuals,and the successors and assigns of corporations) Witnesseth: That GRANTOR,for and in consideration of the sum of 310.00 and other valuable considerations in hand paid by GRANTEE,the receipt whereof is hereby acknowledged,does hereby remise,release and quit-claim unto GRANTEE forever,all the right,title,interest,claim and demand which GRANTEE has in and to the following described lot,piece or parcel of land,situate, lying and being in collier County,Florida,viz: The North 1/2 of Tract 8W, GOLDEN GATE ESTATES, UNIT NO. 2, according to the plat thereof, as recorded in Plak._4 at Pages 75 and 76 of The Public Records of Collier County Fly aC Q r,. The Property is vacant /la noE'th / stead of the Grantor. TO HAVE AND TO HOLD, the sane loge r w th al :d larltlagn :a a re u lunging or in anywise appertaining and all the estate,right,tide,Interest,lien,quit in k r of the J„„ I ,e her i law or equity,to the only proper use, benefit sad behalf of the said GRANTEE fureve / LI ....4, In Witness Whereof, GRANTOR hassig and seated these presents the. to set f nh x \�rte` `E Q `.J SIGNED IN THE PRESENCE OF THE FOLLOWING WCYfaiiiFj\ ly/, • A.49 • :/1 /( t<- et Signature: n/i!._. /9 , , Print Name: -"4 1 K . . GE f ELEN VALENT Signattirt''i ", 4.., .�� .. —_.-- Print Name: X`;N /K Signature: Print Name: Signature: _Print Name: STATE OF: FLORIDA COUNTY OF: COLLIER I am a notary public of the state of FLORIDA, and my commission expires: AV/0754 THE FOREGOING INSTRUMENT was acknowledged before me on the 23rd day of October , , A.D. 2001 by HELEN VALENT A Who is personally known to me or has produced JJI/(/E1,`2/I4*4,044 identification. (type of identification) awest ""''°` 42440(,(ppEA jwoni f. a I re: ry Public_ Notary Seal /� a°"a"'"v"°" ""t.ae ,'=me: ANNETTE AMS-W IT-Ctd Rev. a/00 COLLIER COUNTY CODE ENFORCEMENT BOAR]) CEB CASE NUMBER CELU20140001165 Board of County Commissioners, Collier County, Florida Vs. Helen Valent Violation of Ordinance/Section(s) Collier County Land Development Code, 04-41 as amended, Section 2.02.03 Colleen Crawley, Code Enforcement Official Department Case No. CEI,U20140001165 DESCRIPTION OF VIOLATION: Semi trucks and trailers in the yard. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must cease all prohibited use of Estates zoned property within days 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 8/16/1I CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. HELEN VALENT Inv. Colleen Davidson Department Case No. CELU20140001165 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 7 12 0.025 $2.10 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $12.74 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $63.74 IMPOSITION OF FINES HEARING Copt/Costs& Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page - Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $63.74 ,..,- -. 0 , , pr 1.;, ..... , . .„„ i. ,,,ilt„.,i , , i,., , I .,. 7, 1 . . . -- 4 ,.. , •• 0 . 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COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY C3OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140000219 Charles Mann Fairhomes Silver Linings LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended,Section I0.02.06(B)(1)(e)(i)Improvement of property without required permits,inspections and/or certificate of completion/occupancy. 2. Description of Violation:Improvements to property without required permits,inspections and certificate of completion/occupancy. 3. Location/address where violation exists: 4112 Coconut Circle South,Naples FL 34104, Folio,26681800001 4. Name and address of owner/person in charge of violation location: Charles Mann, Fairhomes Silver Linings LLC 2800 Davis Blvd.#200,Naples FL 34104. 5. Date violation first observed: January 13th 2014 6. Date owner/person in charge given Notice of Violation: February 3`a 2014 7. Date on/by which violation to be corrected: March 5th 2014 8. Date of re-inspection: March 6th 2014 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 3rd day of July, 2014 .07 ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER TERESA TOOLEY Sworn to(or affirmed)and subscribed before this 3rd day of July ,2014 by Arthur Foul t=. * MY COMMISSION#FF 069279 EXPIRES:November 7;2017 ALIAS2-INCL .g04)■31-)-)83--- 'q f.� op��T Bonded Thor Budget Notary SeAiclr (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known . or produced identification REV 12-30-13 Case Number:CESD20140000219 Date: February 3, 2014 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT ' NOTICE OF VIOLATION Owner: FAIRHOMES SILVER LININGS LLC OR ASSIGNS 2800 DAVIS BLVD#200 NAPLES, FL 34104 Location: 4112 Coconut CIR S Zoning Dist: RSF-4 Property Legal Description: COCONUT GROVE UNIT 3 BLK D LOT 28 Folio:26681800001 • NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and County wrdinances) Ordinances,Chapter 2,Article IX,you are notified that a violation(s) of the following Collier and or PUD Regulation(s) exists at the above-described location. Required) Ordinance/Code: Building and Land Alteration Permits. (Pe Section Inspections, )(t(fate of Occupancy q ) Collier County Land Development Code 04-41, as a property prohibited prior to Submittal Requirements per f t Collier County Land Development Code 04-41 asram amended, Section 10 02.06(B)(1)(e)(i) issuance of building permit. County Manager or his designee shall be responsible Building code or this whether are applications co with the building or land of this alteration permits, as required by the Collier County 9 Code, and no building or land alteration permit shall be issued without written that plans submitted conform to purposes of this section a land alteration n en approval not be required. Examples applicable shall le zoning regulations,any itten authorization horizationn to alter land and for which ch a building d ng permit may permit s mean any approvals, agricultural clearing include but are not limited to clearing and excavation permits, site development plan P ermits, and blasting permits. No building or structure shall alllsbe erected,cd the authorization add d to, altered,required utilized or allowed to exist and/or no land alteration shall be permitted without inspections and certificate(s) of occupancy as required by the Collier County Building Code or vegetation,o grading, Improvement of property prohibited u prior to issuance building permit No be commenced priory to the issuance of protected building permit where the or construction of any type may prior of property permit under this Land development Code or other applicable county regulations... : development proposed requires a building p o that requires a i. In the event the improvement of property, construction of any type, repairs or remodeling of any t yp buildin permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 g 'days after the issuance of after the fact permit(s).: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Collier County permits obtained for the following: Family room sink,addition is o and washer, glass door installed,althr bathroom and washer,r, bedroom,full bath and a kitchen area.Added/altered plumbing for kitchen type electrical for stove,washer/dryer and bathroom.Sliding g Rear porch has been enclosed. Large shed in middle of rear yard and smaller shed in rear corner. ORDER TO CORRECT VIOLATION(S):_ for and obtain all permits required for You are directed in o this Notice to take the County and corrective Ordinances.Apply 1. Must be in compliance with all Collier County desing cribed structure/improvements: OR obtain all permits req�iOR d for removal of Must cease all fmp ovement actvities until such trovements, materials from property and restore to a permitted state AND that any and all required permits are obtained from Growth Managment. for and obtain all permits required for 2. Must be in compliance with all collier County Codes cause0nspection through and including certificate of occupancy/completion./comureion. AND vem OR. Must r que request occu ancy/completion. A /OR Must request/cause required inspections to be performed and obtain a certificate of p vtcupancy/completion. ON OR BEFORE: March 5, 2014 CFailure 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 J 2800 North Horseshoe Dr, Naples, FL 34104 ��— P : 239 252-2440 FAX: 239 252-2343 Instigator Signature Delicia Pulse i q Si' ngture and Title of Recipient ii Pritl`ted Nam- o 'ecipiel' • 2;/1)1,-- 4. Date ( 1 *This violation may require additional compliance and approval from other departments which may be r tquired Development local, t sate and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure, Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. C C AFFIDAVIT OF SERVICE Code Case Number: CESD20140000219 Respondent(s): FAIRHOMES SILVER LININGS LLC OR ASSIGNS THE DESCRIPTION OF THE DOCUMENT(S) SERVED: (Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Delicia Pulse,Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s)for the above respondent(s)to James Jones at 2800 DAVIS BLVD#200, on February 3, 2014(Date),at approx. 3pm(Time). C (Si_w: ure.ode Enforcement Official) De icia Pulse STATE OF FLORIDA COUNTY OF COLLIER Savor o or affirmed)an s_ bs be:1 befoc me this day of \ \v r ' ,2014 by Delicia of person making s�tatelflnnnent) ! 1c • (Signatur- o 'Notary Pklbfi. �, JO,DAY �% MY Cs .5 1 FF 048477 * R * EXPIRES:August 26,2017 Vr��`OP Pt�wF Bmlded Ito Budg Wary Services (Print,type or stamp Commissioned Name of Notary Public) V‹ersonally known Produced identification Type of identification produced • C Collier County Code of Laws and Ordinances,Ordinance/Code: C Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(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 : Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : 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).: C *** INSTR 4921414 OR 4990 PG 262 RECORDED 12/6/2013 3:32 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $735.00 CONS $105,000.00 C \— - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA WELLS FARGO BANK,N.A., Plaintiff(s) Vs. CASE NO. 12-CA-4368 AMBER TOST; BRETT PARKER;UNKNOWN TENANT IN POSSESSION OF THE SUBJECT PROPERTY, Defendant(s) � R cQ�. /IFICATE O 4 f ', The undersigned,DWIGHT EBB` r K,Clerk of the Circu Co ,certifies that he executed and filed a Certificate of Salehn to s .•n O rNove n`b-r 25, .013 for the property described herein,and that no objectio to{he • e h. : e-. - .: s I he ime allowed for filing objections. The following p.op f in ' -.1 e •..)F, , t n 7 C r LOT 28,BLOCK D, COCO � 1 h—3 AC -g .� /TO THE PLAT THEREOF, AS RECORDED IN PLAT O 5, PAGE 5, OF TJ P B " CORDS OF COLLIER COUNTY,FLORIDA. A0 Property Address: 4112 COCO R SOUTH NAPLr . 34104 was sold tom_ Fairhomes Silver Linings LLC or Assigns 2800 Davis Blvd#200,Naples,FL 34104. Bid Amount:$105,000.00 WITNESS my hand and seal of the court on December 6,2013. DWIGHT E.BROCK, Clerk of the Circuit Court Q(- B: :74„...7,— - / 3 _ Dcliut )C1 t ri, P \G, I Z� Cc: o OOl/f1 i y- .. al ✓ Choice Legal Group A,'rett Parker _ _ )1 A 0:: - Amber Tost Unknown Tenant o 11" v Gary Neace ✓Fairhomes Silver Linings LLC'.6r!A ;ssigns, :- ` Annette Neace ''l y'.�kt', COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20140000219 Board of County Commissioners, Collier County, Florida Vs. Charles Mann, Fairhomes Silver Linings LLC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Arthur Ford, Code Enforcement Official Department Case No. CESD20140000219 DESCRIPTION OF VIOLATION: Improvement of property without required permits, inspections and certificate of completion/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 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20140000219 Charles Mann ): i L.�. Fairhomes Silver Linings Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,5A,A"`r ,AV\ocvtLy r er4c-'ton behalf of , 3or herself 4a3 for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution o Notices of Violation in reference (case) number CESD20140000219 dated the 3rd day of February, 2014. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 7/24/14; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Improvements to property without required permits, inspections and certificate of completion/occupancy. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ 63.44 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 90 days of this hearing or a fine of$,kcX5 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. I:r to =' �` r"•errt or Representative (sign) fa r' Jeff Wright, Director 4 Code Enforcement Enf orc ement Department epartment �1� e/ ,741.`" 5AAb }fir, -4y r Respondent or Representative (print) Date 1" -) 5iitK+1 rU i2e, \t‘), L 1. to REV 12/3013 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. FAIRHOMES SILVER LININGS LLC Inv. Arthur Ford Department Case No. CESD20140000219 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 6 12 0.025 $1.80 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $12.44 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $63.44 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $63.44 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, 2007100236 vs. ANTHONY DINORCIA,SR.,LLC. INSTR 4679360 OR 4784 PG 1804 RECORDED 4/11/2012 3:51 PM PAGES 3 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT / COLLIER COUNTY FLORIDA REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 22,2012,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Anthony Dinorcia,Sr.,LLC 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 3963 Domestic Avenue,Naples,FL,Folio 274560004,more particularly described as the East'A of the South IA of the North 658.60 feet of the South 1347.20 feet of the West'A of the East 'A of the East'/2 of the Northwest'/, Section 36,Township 49 South,Range 25 East,Collier County,Florida,less the South 30.00 feet thereof is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.06(B)(1)(a),Section 10.02.06(B)(1)(e),and Section 10.02.06(B)(1)(e)(i)in the following particulars: Numerous unpermitted structures,including office canopy structures,silos and buildings. 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, Section 10.02.06(B)(1)(a),Section 10.02.06(B)(1)(e) and Section 10.02.06(B)(1)(e)(i)be corrected in the following manner: 1. By obtaining any and all Collier County Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 120 days(July 20,2012). C C 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 20,2012, then there will be a fine of$200 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County 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 C �,.J,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA 4111111 BY: � Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: C COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this r day of C_.,' ,__.,t,,\ V , 20_12)3y Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. K_ '�L,3 L,tom .�L-U-E',-` ,•'i�n�p°a.,,� KRISTINE TWENTE '1 ARY PUBLIC g , `c' Notary Public.State of Fiorid commission expires: �' lay Comm.Expires Jun 18, ▪,▪ ,r ... P 2015 o, �, •• Commission#EE 8727CE' IFICATE OF SERVICE "',��'" Bonded Through National Notary Assn. I HEREBY CERTIFY that a true and orrect copy of this ORDER has ben sent by U. S.Mail to Anthony Dinorcia, Sr.,LLC.,6920 Hunters Road,Naples,FL 34109,this LI day of ' n�L 2012. ;M.Jeanwson,Esq. 6121'4 t tilbA. 4 fi ;Florida Bar No 750311 Mr.1.'r Unty of OOLLU r ``700 111 Street 5,Ste. 102 Naples,Florida 34102 1 HEREBY CERTIFY THAT tilts-Is a f1'ua iil'IfE (239)263-8206 ,.orrect copy of i tocurlent On:,flie in Board Mirnites and fRecO QS of Co 41ier Co ll SS‘ my h b ' {e o. 1 eal this n (ley of Al* A 43 L QW1 HT-E. O1OGK,CLERK OF COURTS . , e a S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007100236 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Anthony Dinorcia Sr.LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Investigator Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 3/22/12, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4784 PG 1804. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 7/25/12. C 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 building permits or demo permits inspections and CO within 120 days or$100.00 per day will be imposed FURTHER AFFIANT SAYETH NOT. DATED this 25th day of July,2012. COLLIER COUNTY,FLORIDA CODE ENFO: ' I NT BOARD Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER S orn to(or affirmed)an. subscribed before me this „25 day oZal 2012 by \—\-6 Ci ) ( ignature of Notary Public) Ai NOTARY PUBLIC-STATE GTE OF FLORIDA Colleen Crawley (Print/Type/Stamp Commissioned Commission EE129317 c Ti Name of Notary Public) J Expires: ?IJNE 07,2014 BDNDFY)THRU ATLANTIC BONDING CO.,INC. Personally known J REV 1/4/12 `fir✓ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, 2007100236 vs. ANTHONY DINORCIA, SR.,LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 26,2012,on the Respondent's Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, hereby GRANTS the said Motion. CORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for 120 days(November 23,2012). 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 (J day of az 0{.,,._ ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD CO _• COUN Y,FLORIDA 3taris (A C .54Ritiek B _e-41k.1 iloutuy Cf COW pert . au's. Chair e, R 2800 Ni •.seshoe Drive I HEREBY c�tfi�r�At�ti� Is a trio sitil Naples; "onda 34104 tzorreCt Coliitit,100CtitilifteFt&a in Board Mikuteca oras of.Co#ilalt• ITaEtS:v°ice 'a anc!Ociacs" the at INSTR 4727329 OR 4825 PG 889 RECORDED 8/10/2012 11:56 AM PAGES 2 i �E DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT 3 E•; ! • COLLIER COUNTY FLORIDA REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this l.J'day of , ((��''_ , 2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,*ho is /—personally known to me or who has produced a Florida Driver's License as identification. TWENTE ` KRISTINE Ida kki) ��ti p (Ai— /k.0 j Notary Public State of 1g Flor, NCTARY PUBLIC my Comm.Expires Jun 2015 My commission expires: Commission#EE 8727 Assn '1v Bonded Through National Nom, " .,... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER h, been sent by U. S. Mail to Anthony Dinorcia,Sr.,LLC.,6920 Hunters Road,Naples,FL 34109, this `l'day of ,2012. - Ce M.JeanMwson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Rd.N, Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA `�- � CODE ENFORCEMENT BOARD CEB CASE NO.2007100236 "^C COLLIER COUNTY Nl1rl BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ANTHONY DINORCIA SR LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on March 22, 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 violations] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4825 PG 889 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [1/15/13]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [Respondent ordered to obtain building permits or demo permits, inspections and CO within 120 days or $100.00 per day will be imposed and pay operational cost of$81.15 Cwithin 30 days] FURTHER AFFIANT SAYETH NOT. DATED this [15th] day of[January], 2013. COLLIER COUNTY,FLORIDA CODE ENFO NT BOARD AA its Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER . woi • to(or affirme and subscri d before me this. day of �y ,2013 by Heinz Box 1 \`► `V`v �J,L � 'V (Signature of Notary Public) (Print/Type/Stamp Commissioned N f NOTARY PUBLIC-STATE OF FLORIDA ,Notary Public) r_.._ Crawley ,=,,i, ;:C._. . Personally known 4 J 1 ._. .. NE 07,2014 BONDED TIM-ATLANTIC BONDING CO.,INC. C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4796989 OR 4883 PG 3354 RECORDED 2/7/2013 9:02 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, CASE NO. 2007100236 vs. ANTHONY DINORCIA,SR.,LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 24,2013,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 Respondent's Motion for Extension of Time is GRANTED. This matter is extended for a period of 120 days(May 24,2013). 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,—1. day of )(77,_C\ ,2013 at Collier County,Florida. CODE-MDRCEMENT BOARD COLLIER COJJNTY,FLORIDA : V0411 atom F u*ILIA ;witty of COLD rtKaufm• 'ifr" / 280 0 North Ho,eshoe Drive I HEREBY e1 T►F.THAI Ica tvii Naples,Flo -34104 :)rrect coe40 or eig,j11- i ca rd� iai�n r tet ntf Records o1 Ni, ESS asrvt, . Sri ct*t 3 )WIGHT.t-O,Otati;'04.10t 110-11 . STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of`yid : , 2013,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me . V who has produced a Florida Driver's License as'identiM•cat' n. •1 °s. ;., , , t 99c., 222015 1 C C\ •�!^� �� ,•, +f , _,,�,_. - NOTARY PUBLIC ik: �i`' ' girded ru , ,t. My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Anthony Dinorcia, Sr.,LLC,6920 Hunters Road,Naples,FL 34109 this 31 day of JQ q At'ti 2013. 41111-_1,,—,04 Oeir.....‘,...4.: M.Je.t./' 4. .wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 C (239)263-8206 • C CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO. 2007100236 vs. ANTHONY DINORCIA, SR., LLC. INSTR 4864404 OR 4942 PG 3829 RECORDED 7/11/2013 11:38 AM PAGES 2 Respondent DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT / COLLIER COUNTY FLORIDA REC$18.50 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on June 27,2013,on the Respondents' Motion to Continue,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on July 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 3 day of A..„ ,2013 at Collier County,Florida. 411 _ " •RCEMENT BOARD OLLIER C• TY,F O 6A •Y: "'V ..: Kau •'hair 2800 North,H rs sh.- give State of Florida N.ples,F,lori.• 104 County of COLLIER HEREBY CERTIFY THAT this is a true and correct cop';of a document on file in Board Minutes and Rec„res.�of�CQliier County \2't - CT j'sFS:j r;•wh"'nd?iiUO�i�j��.��'ti11S 4.1^ dayGi Vim+ DWIGHT E. BROCK, ERK OF OURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this j day of ,2)0-11-,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County, Florida, o is , ,/ personally known to me or who has produced a Florida Driv: 's License as 'd: tification. � - KAREN G BAIL .i�� z O RY PUBLIC MY COMMISSION a EE8 1 . mission expires: ."‘a ' EXPIRES February 14,2017 •:r,? 19B-0153 FbridiNmslySeavioe.00m CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent y U. S. Mail to Anthony Dinorcia, Sr., LLC,6920 Hunters Road,Naples, FL 34109 this 3day of ,2013. 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 C C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4876426 OR 4953 PG 2508 RE CORDED 8/9/2013 9:22AM PAGES 2 BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY,FLORIDA, COLLIER COUNTY FLORIDA REC$18.50 Petitioner, CASE NO. 2007100236 vs. ANTHONY DINORCIA, SR.,LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 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 i� Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED. This matter is extended for a period of 180 days(January 21,2014). 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. CO 1' in CEMENT pOARD ' State of Florida C r ' Y,FLORIDA County of COLLIER B '� r Ito'Bert ca-Ot .0 , Chair I HER.EBY•CERTIF THAT this is a true and 2800 North H. seshoe Drive • Y • correct ce df•a-docurrienton file in Naples,Flo ".a 34104 Board Vintlfes,.ard.# cbr f;Collier County WAIESS ny h gad'MA ofric.al seal this t '�_riayof 01 e Id E Bi CK CLERKO COURTS dir . "itfrt.r . 11 Appriam, dP CSTATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of (,tO`(,S 201 3,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. NO ARY PUBLIC J �+ KAREN G BAILEY ': MY COMMISSION#EE875121 My commission expires: •:, s,,of� ;,• EXPIRES February 14.2017 (4O7 396-0153 FlaidaNaterySe•vioe.epn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thi ORDER h been sent by U. S.Mail to Anthony Dinorcia, Sr.,LLC,6920 Hunters Road,Naples,FL 34109 this LP day of ,2013. `P /4.9:f M. irRawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007100236 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ANTHONY DINORCIA SR LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 22,2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [comply with conditions ] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4825 PG 889 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on[2/6/14]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [has not complied with this order] FURTHER AFFIANT SAYETH NOT. DATED this [6th] day of[February], 2014. COLLIER COUNTY,FLORIDA CODE ENFORC T BOARD Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me thisGQ d y ofFeb(uq,j ,2014 by Heinz Box G-t_Q,u„a (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 C INSTR 4958314 OR 5018 PG 3641 RECORDED 3/21/2014 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO. 2007100236 vs. ANTHONY DINORCIA,SR.,LLC. Respondent ORDER 0��L�'O NSION OF TIME THIS CAUSE came on for p 0 efo,,re the ' ebruary 27,2014,on the Respondent's Motion for Extension of Time. f E DINGST,F CT The Respondent reques an fist oft"a o .� . it` t t oar 's Order. MIS ! BOAD_ ' r Based upon the foregoin O•, pursuant to the authori' ._ran ed' ipter 162,Florida Statutes,and Collier County Ordinance No.2007 'Acts: ended,it is hereby O• P RE 1. The Respondent's Motion for :n te0 -.' 't N.. t, ED for a period of 120 days(June 27, 2014).This case shall be reviewed within 30 days(March 29,2014). 2. The Respondent shall pay court costs for this hearing in the amount of$66.14 within 30 days(March 29,2014). DONE AND ORDERED this It day of I l 1atCJ12014 at Collier County,Florida. e. NF s• ■ MENT BOARD COLLIER CO TY,FLO 4 • :Y: State of Florida R.: Kaufman, County of COLLIER 801 North Ho - '•e Drive Na' es,Flo .■• 04 I HEREBY CERTIFY THAT this is a true and correct copy of a document on file in . Board Minutes and Records of Collier County .1.Alftl .k ny.hand and official seal this D,WIGlif ROCK;CLERK OF COURTS v.." *** OR 5018 PG 3642 *** C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) e foregoing.instrument was acknowledged before me this A day of MOCK--K-- , 2014, 'Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. _ P,.•.*.•.,' KAREN G BAILEY • ('-�-. '' _ MY COMMISSION It EE875121 NOT•R'Y PUBLIC' ;:' EXPIRES February 14,2017 My commission expires: ,a07,]'9&0153 Roridallole Se core PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or I tniaG e he satisfaction of the obligations of this Order may also be obtained at this location. .cI�,R LOU APPEAL: Any aggrieved party may 1 ‘final order of the Boole -t - Circuit Court within thirty(30)days of the execution of the Order appea -d. a Deal shall not be a hearin.de n ovo,but shall be limited to appellate review of the record created withi the rig earnig. It-is - esponsi,ility •f the appealing party to obtain a transcribed record of the hearing rom/he Clerk o Filing.n Appe.I wi not automatically stay the Board's Order. lir-Now c) C..'1IIA py L , I HEREB Y CERTIFY cc\t e and correct copy of•c' 0• II E•, ; •ee nt by U.S.Mail to Anthony• Dinorcia,Sr.,LLC,6920 Hunters ioa ,, aples,FL 34109 thi"` ••a q 6 V 2014. ' (i 0„6 jie 'CY 2et_ctf_ jaZ -4 c e.T'p s .-- on,Esq. on•a Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2007100236 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ANTHONY DINORCIA SR LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 March 22, 2012, 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 Collier County Building or Demolition permits and requesting all required inspections through certificate of occupancy/completion] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4784 PG 1804. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on [June 30, 2014]. 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] L., FURTHER AFFIANT SAYETH NOT. DATED this [30th] day of[June],2014. COLLIER COUNTY, FLORIDA-- CODE 1- •CEME/L'TB9. ' D ‘117SII• Lv • Delicia Pulse Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this'-60 day of J GL jne ,2014 by Delicia Pulse (Signature of Notary Public) = �o��R:;:ael, TERESATOOLEY t MY COMMISSION#FF 069279 (Print/Type/Stamp Commissioned Name of Notary Public) �mr; EXPIRES:November 7,2017 '4 Epp Foe Bonded Thru Budget Notary Services Personally known 4 C COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. 2007100236 Hearing Date: 07/24/14 Board of County Commissioners vs. Anthony Dinorcia SR.,LLC, Violation(s): Ordinance 04-41, the Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) Location: 3963 Domestic AVE, Naples, FL 34104; Folio 274560004 Description: Numerous unpermitted structures, including office canopy structures, silos, and buildings Past Order(s): On March 22,2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and was ordered to correct the violation. See the attached Order of the Board, OR 4784 PAGE 1804, for more information. On July 26, 2012 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4825 PAGE 889, for more information. On January 24, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4883 PAGE 3354, for more information. On June 27, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4942 PAGE 3829, for more information. On July 25, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4953 PAGE 2508,for more information. On February 27,2014 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5018 PAGE 3641,for more information. The violation has not been abated as of July 24, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between June 28, 2014 and July 24,2014 (27 days) for the total fine amount of$5,400.00. Fines continue to accrue. Previously assessed operational costs of$81.15 have been paid. Previously assessed operational costs of$ 66.14 have not been paid. Operational Costs for today's hearing: $66.74 CTotal Amount to date: $5,532.88 PETER T. FLOOD ATTORNEY AT LAW 125 North Airport Road, Suite 202 Naples, Florida 34104 (239)263-2177 Fax: (239)263-0787 ptflaw @gmail.com July 15, 2014 To: Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 In Re: Board of County Commissioners,Collier County, Florida Vs: Anthony Dinorcia Sr. LLC Case No: 2007100236 To Whom It May Concern: Per my phone conversation with Kitchell Snow on July 15, 2014 I have been retained by Mr. Dinorcia, Sr. LLC in regards to the above captioned matter. I understand there is a hearing scheduled for July 24, 2014. Review of the property and discussions with my client indicate partial compliance has occurred. Furthermore,a comprehensive plan is being formulated consisting of removal and replacement of steel over hangs and relocation of structures to comply with setbacks is being formulated we anticipate this to be completed in the next 30 days. Accordingly on behalf of Mr. Dinorcia Sr. we would request an extension of time to comply. o At Law -ter . Flood,Esq. CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ANTHONY DINORCIA SR LLC, In Delicia Pulse Department Case No. 2007100236 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 0 12 0.025 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 17 12 0.025 $5.10 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $15.74 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $66.74 TOTAL OPERATIONAL COSTS: $66.74 INSTR 4928441 OR 4995 PG 2850 RECORDED 12/27/2013 8:26 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 INDX$1.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120013716 vs. BRANISLAVA CIRAKOVAC VUKOVIC, GINA RADENKOVICH AND ALEKSANDAR H.RADENKOVICH, Respondents 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: 1. That Branislava Cirakovac Vukovic,Gina Radenkovich and Aleksandar H.Radenkovich 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. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 10580 6th Street,Naples,Florida 34108,Folio 62578800000, more particularly described as Lot 26,Block 22,of NAPLES PARK,UNIT 2,according to the Plat thereof as recorded in Plat Book 2,Page 107,of the Public Records of Collier County,Florida,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i)in the following particulars: Observed alterations/improvements to structure/property and no Collier County Permits obtained. 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), 10.02.06(B)(1)(e),and 10.02.06(B)(1)(e)(i)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 180 days(November 19,2013). C 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 19, 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$80.86 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. C• : ` I' EMENT BOARr OLLIER CO . TY,F r_.Rin A Ofe ir a l air 00 orthHe - ioe C •ve Naples,Flo.da 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this,1 _day of � C. 2013,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who ha produced a Florida Driver's License as identification. avco .:. ` NOTARY PUBLIC ;� ' KAREN G BAILEY " MY COMMISSION#EE875121 My commission expires: EXPIRES February 14,2017 CERTIFICATE OF SERVICE on 398-1153 FloridiNoterySe,vice.com I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Branislava Cirakovic Vukovic,Gina Radenkovich and Aleksandar H.Radenkovich, 10580 6th Street,Naples, Florida 34108 this C3 day ,2013. 71,/ State of Florida `M.Jean on,Esq. County of COLLIER Florida o.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N. Ste.210 I HEREBY CERTIFY.TFAT.tfi'is-iS:p true and correct copy of a doc-umc gpt fite i*i: Naples,Florida 34102 Board Minutes.cl d ROords of~ o114,;County (239)263 4206 ' aITN=SS m anda d offcial seal s� •day o. . J j • IGHT E BROOK,CLERK`OE CO1fRTS- COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120013716 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. VUKOVIC,BRANISLAVA CIRAKOVIC GINA RADENKOVICH ALEKSANDAR H RADENKOVICH,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Michele Mcgonagle, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4995 PG 2850. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on November 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: violation remains CFURTHER AFFIANT SAYETH NOT.ir‘ DATED this 'RI day of JANUARY,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Michele Mcgonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this day of JANUARY,2014 by Michele Mcgonagle G ,E (Signature of Notary Public) .Y`;'k, TERESA TOOLEY a ' o MY COMMISSION t FF 069279 1114 EXPIRES:November 7,2017 Mare°me Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) CPersonally known X INSTR 4952707 OR 5014 PG 3033 RECORDED 3/7/2014 2:07 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$18.50 INDX$1.00 CCODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120013716 vs. BRANISLAVA CIRAKOVAC VUKOVIC, GINA RADENKOVICH AND ALEKSANDAR H. RADENKOVICH, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 23,2014,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the Cpremises, 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.2007-44, it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED for a period of 120 days(May 23, 2014). 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 j day of I ,2014 at Collier County, Florida. O■" 4 FOR MENT BOARD State of f-lonaa OLLIER CO TY, FLO,: F County of COLLIER iy Jr ry BY: _d,..%r_�.t4 l HEREBY CER #;EY-THAT this is a true and •of Kau • ,�'. 7 correct cop;=� 20 ig ton file in :00 orth Hor.- i s- I rive Board Minutes and—R-eeor .of tOfiiier County Na o es, Floriida' 104 Wj N S ny a;a 1�it,,seaI this i DWIGW gkeaC1K I'ERK Cif URTS ,Ire -, -:�,,;.. ;4 a k: r 4 �br C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) e foregoing instrument was acknowledged before me this 5 day of, AC,Q.V , 2014, Robert Kaufman,Chair of the Code Enforcement Board of Collier Coun Florida, o s personally known to me or who has .roduced a Florida. river's Lic-nse as iden ification. .:k'%. KAREN G BAIL . ,t t JO/ f nk MY COMMISSION#EE87512 •T A RY PUBLIC commission expires: �= issi ires: '1,4:67;a*- EXPIRES February 14,2017 p )407)398-0153 FlwidaNOterySavice.can CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Branislava Cirakovic Vukovic,Gina Radenkovich and Aleksandar H. Radenkovich, 10580 6th Street,Naples, Florida 34108 this 5 day of' 1A 2014. /24Aitt—Z-41-- M.Jea awson,Es q. 9 Florida Bar No. 750311 681 Goodlette Road N., Ste.210 Naples, Florida 34012 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120013716 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. VUKOVIC,BRANISLAVA CIRAKOVIC GINA RADENKOVICH ALEKSANDAR H RADENKOVICH,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: • 1. That on May 3, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [abate violations] as stated in the Order recorded in the public records of Collier County,Florida in OR Book44'c PG ).i cP 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on [5/27/14]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [comply with the order of the Collier County Code Enforcement Board] FURTHER AFFIANT SAYETH NOT. DATED this [27th] day of[May], 2014. COLLIER COUNTY,FLORIDA CODE ENFO ENT BOARD Ae-- ... .-0 .. Heinz Box Code Enforcement Official STATE OF FLORIDA • COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 1 day of f1ik. ,2014 by Heinz Box C—Th (Si• ature?otary •ublic) NOTARY PUBLIC-STATE OF FLORIDA Kerry Adams '' -, ,,,;.,;:r�iss:o1=4i EE005769 " ` ` .'tres.. JUNE 30,2014 (Print/Type/Stamp Commissioned Name of Notary Public) ao;'� .rsz ;ATLANTIC BONDING CO.,INC. Personally known,I C INSTR 4999036 OR 5051 PG 800 RECORDED 6/23/2014 4:46 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 INDX $1.00 C CODE ENFORCEMENT BOARD_ COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120013716 VS. BRANISLAVA CIRAKOVAC VUKOVIC, GINA RADENKOVICH AND ALEKSANDAR H.RADENKOVICH, Respondents ORDER• ', i TR *:' re ' ' A: �,OF TIME i THIS CAUSE came on for ryublf earing before the Board on 4 a...N,2014,on the Respondents' Motion for Extension of Time. \---M7.0‘ ) CIF The Respondents reques an.'e e 'n o to•Ti, wi`"s+ e .I• s Order. ORDER OF THE :a • p / Based upon the foregoing,and to the authority• ids • hapter 162,Florida Statutes,and . Collier County Ordinance No.2007-44,as am.h.-t i,> s Cr-. . 0'+'ERED: 1. The Respondents'Motion for Extension of Time is DENIED. 2. The Respondents are to pay the operational costs for today's hearing in the amount of$63.74 within 30 days(June 21,2014). DONE AND ORDERED this 4- day of i Lon e.,2014 at Collier County,Florida. CO S- ` • 9` . NT BOARD •LLIER CO .1 ,FL.'-': • State of Florida . — �/ County of COLLIER : • ' .,�r !.r� to t1'Jt,g.ti,, ::! 'au' ..:47.4,3411 _ I HEREBY CERTIFY THspt�is is.a true''atld'° 280 North ve correct copy of a docur�enti0 +�'Tr,. o .pies,Fl. Ida 3' 04 Board Minutes and Records,o.,olfier ourtty,:„ 414147., myi I rs ,ay of •1 �� . DWIGHT E.BROCK,CLEfl p COl1 -rs' ,,mss *** OR 5051 PG 801 *** C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this A- day of •• yj e 20 14,t Robert Kaufman,Chair of the Code Enforcement Board of Co i County,Florida,who is personally known to me or who has • a duced a Fla ida Driver's License as identification. ';+� KAREN G BAILEY tom to A ��<< c'_ MY COMMISSION#EE87 CST' 'Y PUBLI I EXPIRES February 14,2017 i commission expires:g`(4 t 007 398-0157 Fla,dPNOte Se.:ce.carn PAY • •F FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may ap• ''I 61.Cier of '1,,119 s e Circuit Court within thirty(30)days of the execution of the Order appealed 4a, :IS Seal shall not be a he. y.• •vo,but shall be limited to appellate review of the record created within •e on a1 hearing. It is the respon •iii f the appealing party to obtain a transcribed record of the hearing fr Fm CI k f Court . ''a_. Appe‘1 wii} not automatically stay the Board's Order. E , aC;, C I HEREBY CERTIFY th a Lio - cop o '±•'s 0 1 D • •040 den sent by U.S.Mail to Branislava Cirakovic ukovic, • . •f,enkovich and Aleksan•:.H. '.de iEh, 10580 6`11 Street,Naples, Florida 34108 this ay of , Al .014. 4..d 1 `tom , , ',?s_s,PI- can or son,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board • 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20120013716 COLLIER COUNTY CBOARD OF COUNTY COMMISSIONERS,Petitioner vs. VUKOVIC,BRANISLAVA CIRAKOVIC GINA RADENKOVICH ALEKSANDAR H RADENKOVICH,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [abate violations] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5014 PG 3033 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [6/19/14]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [comply with this order] CFURTHER AFFIANT SAYETH NOT. DATED this [19th] day of[June], 2014. COLLIER COUNTY, FLORIDA CODE ENFO ENT BOARD liCe...A tqC- Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this \ CI day of U n ,2014 by Heinz Box t a R (Signature of Notary Public) ,otPa:PTei.,, TERESA TOOLEY�� * MY COMMISSION#FE 069279 * ql-,�st EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) "•�;'_ ^` to Bonded Thru Budget Notary Services Cor:�o Personally known J C COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120013716 Hearing Date: 07/24/14 Board of County Commissioners vs. Branislava Cirakovic Vukovic, Gina Radenkovich & Aleksandar H. Radenkovich, Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Location: 10580 6th ST Naples, FL; Folio: 62578800000 Description: Observed alterations/ improvements to structure/property and no Collier County Permits 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 4995 PAGE 2850, for more information. On January 23, 2014 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5014 PAGE 3033, for more information. On May 22, 2014 the Code Enforcement Board denied an Extension of Time to Comply. See the attached Order of the Board, OR 5051 PAGE 800, for more information The violation has not been abated as of July 24, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between May 24, 2014 and July 24, 2014 (62 days) for the total of$15,500.00. Fines continue to accrue. Previously assessed operational costs of$143.89 have been paid. Previously assessed operational costs of$63.74 have not been paid. Operational Costs for today's hearing$64.34 Total Amount to date: $15,628.08 C CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. BRANISLAVA CIRAKOVIC VUKOVIC, GINA RADENKOVICH, & ALEKSANDAR H RADENKOVICH, Inv. Heinz Box Department Case No. CESD20120013716 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black &White 0 12 0.025 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording(Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 9 12 0.025 $2.70 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $13.34 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording(Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $64.34 TOTAL OPERATIONAL COSTS: $64.34 INSTR 4952719 OR 5014 PG 3062 RECORDED 3/7/2014 2:07 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, CASE NO.: CESD20130008710 vs. ALFRED DIAZ, Respondent, FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 23,2014,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 Alfred Diaz 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 2648 Van Buren Avenue,Naples,Florida 34112, Folio 29280440005, more particularly described as Lot 16,CRAIG'S SUBDIVISION,according to the plat thereof,as recorded in Plat Book 4,at Page 27 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: An unpermitted room addition that was constructed between 2004 and 2005. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and based on the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.2007-44, 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(May 23,2014). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 23,2014, 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. C 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$79.73 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 ,5 day o'CM a ,2014 at Collier County,Florida. ODE E 1 FO'CEMENT BOARD COLLIER •UNTY eRIDA BY: A Ac✓`!!';"i /Rarert Kau .an;C .it ,/2 *ONorthHors-7..- Drive laples,.Flori 4104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 5 day of c-�to , ' 2014 y Robert Kaufman,Chair of the Code Enforcement Board of Colli;r County, F F .• ida,who is personally known to me or who has troduced a F • 'ea Driver' .Licen e as identification. ' ;;irr144,, KAREN G BAILEY NOT- •Y PUBLIC ',' • ' MY COMMISSION#EE875121 My commission expires: '° EXPIRES February 14,2017 1007)398.0153 FloridaNOtarySr.•:kx.cOm CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy offhis ORDER has been sent by U. S.Mail to Alfred Diaz,2648 Van Buren Avenue,Naples,Florida 34112 this b day of r'Cr01 Q>01,2014. J M. Je.Rawson, Esq. Flori L. Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 State of Florida County of COLLIER I HEREBY ORT YeTri Ylits.is a true and correct`i opy alVdocument o dean-Y Board;vlifit# s• nd.I `eco'rs of C'illier County W TIMES ty ti i and offtaafs l this, ffttA xiay of , e:(q' DWIGHT E.43,ROCIcGLERK OP COURTS i` . r 0/ .r IP BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. - Case No. CESD20130008710 - Alfred Diaz Respondent(s), STIPULATION/AGREEMENT, • COMES NOW, the undersigned, J/fY-2d t , 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 CESD20130008710 dated the 05th day of July, 2013. In consideration of•the disposition and resolution of the matters outlined in said Notice(s) of Violation for which . a hearing is currently scheduled for o'l X33/Mil; 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 $ 7 9 .71- incurred in the prosecution of this case Cwithin 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 AR0 days of this hearing or a fine of $,700,vo 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 • -ment shall be assessed to the property owner. .� Respo," lent or Representative (sign) - Jeff Wright, Director Code Enforcement Department /47��/ i�� • 17,23 /7 Respondent or Representative (print) Date. Date C REV 7/8/13 • 41011111111111111116. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130008710 C COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DIAZ,ALFRED,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 January 23, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abte the violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5014 PG 3062 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 27, 2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with any of the conditions. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of May,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD W.Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to r affi ed)and subscribed before me this,D-1 day of {AA ,2014 by Eric Short � ignature ofNota Public) NOTARY pCi;i,�C P;'; 0 'FLORIDA Derry AaamS Commission#EE00S769 (Print/Type/ Stamp Commissioned Name of Notary Public) Expires: JULIE 30,2014 BONDED TFLRU ATLANTIC BONDING CO.,ING Personally known COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130008710 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DIAZ,ALFRED,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 January 23, 2014, 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 5014 PG 3062 , et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 23,2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance with all conditions of the Order. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of June,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD W.Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3 day of e ,2014 by Eric Short ! (Signature of Notary Public) �"AY p"e TERESA TOOLEY A) * MY COMMISSION#FF 069279 IF EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) 'eocc,00 BondedThruBudgetNotary Services Personally known C • COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130008710 Hearing Date: 07/24/14 Board of County Commissioners vs. Alfred Diaz Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 2648 Van Buren Ave,Naples, FL; Folio 29280440005 Description: An unpermitted room addition that was constructed between 2004 and 2005. Past Order(s): On January 23, 2014 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 5014 PAGE 3062, for more information. The violation has been abated as of June 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period of May 24, 2014 to June 23, 2014 (31 days) for a total fine amount of$6,200.00. Previously assessed operational costs of$79.73 have been paid. Total Amount to date: $6,200.00. The County is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. C INSTR 4958312 OR 5018 PG 3635 RECORDED 3/21/2014 9:36 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130005831 vs. EVA A.GUERRERO, Respondent, OFINDIN�� AIE CO, NCLUBOARD THIS CAUSE came on for public he fib, ore the Board on Feb , 014,and the Board,having heard testimony under oath,received evi nce, nd . •-,_d respective to all ap opri a matters,thereupon issues its Findings of Fact,Conclusions of aw, d ) of - :.. ,.s follows 1. That Eva A.Guerrero i /the n; .j e j- t ...10`. C i 2. That the Res ondent w. . °le, . t o`h-.a g by. fie i and by posting and the Code P Enforcement Board has jurisdicti.'•=0 this matter. +-- «� 3. The Respondent,having .�r I lly notified,did not ap•, r a c hearing,but entered into a Stipulation. ` ," „) 4. That the real property located at'1� 6 e + t cal ,Florida 34142,Folio 30730960008,more particularly described as EDEN PARK 1'Add '•n. -I o i ',' 6 ,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Co.e, ection I0.02.06(B)(1)(A)in the following particulars: A small type pole barn with a metal roof with no electric. Also an addition attached to the mobile home with electric,all constructed without first obtaining the authorization of the required permits,inspections and Certificate of Occupancy as required by the Collier County Land Development Code,04-41,as amended. 5. The violation has-not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation attached hereto and incorporated herein,and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,it is hereby ORDERED: 1. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(B)(l)(A). 2.Must turn off utilities for all unpermitted living space within 24 hours(February 28,2014)of this hearing and remain unoccupied until the building permit or demolition permit has received a certificate of completion/occupancy or a fine of$250.00 per day will be imposed until the violation is abated. C 4 OR 5018 PG 3636 C 3. Respondent must abate the violation by obtaining all applicable Collier County Building Permits or Demolition Permit,inspections and Certificate of Completion/Occupancy within 120 days(June 27,2014)or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. 4. If the Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. 5. The Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$63.88 within 30 days(March 29,2014). 6. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this t I day ofmaICh,2014 at Collier County,Florida. e. ENFORC:MENT BOARD _, CO • Y,FL'RIr 801 orth le Drive apl.,-, lori s a10, STATE OF FLORIDA ) )SS: . COUNTY OF OLLIER) � r, The for oing instrument was ac uo ed`g befor- me t Is �k„ day• + ,L.. 2014 y Robert Kaufman,Chair• �atig Code Enfor ement Boa o f C•lli- • nty,Florida,who is personally known to me or -is who has ,,roduced a 04;16 D I e License as identification. ��r�t , , 1�,, 14-, KAREN G BAILEY N.; •roof - '�` �; MY COMMISSION#EE875121 II is11 i .fr : .",. • • EXPIRES February 14,2017 (007)398-0153 FbrklaNOterySe.vice.oem PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: 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 the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. :'State of Florida . iuptyof COLLIER ,GL ,,....,,�✓ 11ER{r! ?lCERTIFY THAT this is a true and •.,'cortett'Cogy of a document on file in '"' B'o'aVitirji#t2a and Records of Collier County . , IT SS;ni'{rand and official seal this ' M a yofd 44:41-t `�`'-'DWIGHT E.aROCK,CLERK OF COURTS ( 9P-05.1"166WLIZ.M.C. OR 5018 PG 3637 C CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE has bee sent by U.S.Mail to Eva A. Guerrero, 1421 Botanical Drive,Immokalee FL 34142 this \` day of 2014. 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 ; C -6224> cp a CO • C *** OR 5018 PG 3638 *** C BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20130005831 Eva A Guerrero Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Eva A Guerrero, on behalf of herself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130005831 dated the 22 day of April, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for February 27, 2014; to promote efficiency in the administration of the code enforcement process; and to obtain a quick an a resolution of the matters outlined therein the parties hereto agree as follows: - ,J - f 1) The violations noted in the referencE - of Violation - =•, rate and I stipulate to their existence. THEREFORE, it is agreed between the brti-'- th- •es P•n•ent sh II; 1) Pay operational costs in th am of 6 :: i •u t d t •r•se• tion of this case within 30 C ' days of this hearing. I, 2) Abate all violations by: obt i • -i•"e .-_ Ali, Co- , B, 4.1 g Permit(s) or Demolition • Permit, inspections, and Ce 'i .- e of Completion/Oc& pan y\yit 120 days of this hearing or a fine of$250.00 per day will ,Y •osed until the vio= ;c its aloe, t • 3) Must turn off utilities for all un•- •• ed living space wihtmd-•;t s of this hearing and remain unoccupied until the building or demolition�aat it as received a certificate of completion/occupancy or a fine of . k.619,.•- : � t'p6'sed until the violation is abated, 4) Respondent must notify Code Enforc- ,.,t i. •. rs of abatement of the violation and request the Investigator perform a site inspection o confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 5) That if the Respondent fails to 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 .T. ' owner. n 4C) 644:-:..; .. (27),___ Respondent ' Representative(sign) `P( Jeff Wright, Director Code Enforcement Department Ea) (ie.raI/0 a.at.14 Respondent or Representative (print) Date 0 . a i - N Date • C REV 7/8/13 t COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD C 'COLLIER C UNTY CEB CASE NO,CESD20130005831 BOARD OF OUNTY COMMISSIONERS,Petitioner vs. GUERRERO EVA A,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF LORIDA COUNTY F COLLIER BEFORE M ,the undersigned authority,personally appeared Maria Rodriguez,Code Enforcement Official for the Code Enfor -merit Board of Collier County,who after being fully sworn,deposes and says: 1. Tha on February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the abo e-styled matter and stated that Defendant(s) was to turn off utilities for all unpermitted living spate within 24 hours (February 28, 2014) of this hearing and remain unoccupied until the building pe it or demolition permit has received a certificate of completion/occupancy within 120 days (Ju 27, 2014) as stated in the Order recorded in the public records of Collier County,Florida in OR Boo 5018 PG 3635, et.seq. 2. Tha the respondent did contact the investigator. 3. That a re-inspection was performed on February 28,2014 C That the re-i i spection(s)revealed that the corrective action ordered by the Code Enforcement Board was in compliance ,y turning off utilities for all unpermitted living space within 24 hours(February 28,2014) and remain unoccupied ntil the building permit or demolition permit has received a certificate of completion. FURTHER FFIANT SAYETH NOT. DATED his 7 day of J u/f2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official STATE OF LORIDA COUNTY 0 COLLIER S . to(or affirmed)and ��scribed before me this 416‘day of ,2014 by Maria Rodriguez . V . . 4.,1 _ ..� I--!_ » (Signature l' otary Public)- 4 • ' 'gyp's, DIANA IRIZARRY (Print/Type/'tamp Commissioned Name of Notary Public) I Commission#EE 021582 -4 r= Expires December 27,2014 Personally lciown J ,8„, %Wed llru TroyPah Insurance 800M-70+9 C 4 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CCOLLIER COUNTY CEB CASE NO.CESD20130005831 BOARD OF pOUNTY COMMISSIONERS,Petitioner vs. GUERRERO,EVA A,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER t BEFORE ,the undersigned authority,personally appeared Maria Rodriguez,Code Enforcement Official for the Code Enfor ement Board of Collier County,who after being fully sworn,deposes and says: That on Fe ruary 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-style matter and stated that Defendant(s)was to turn off utilities for all unpermitted living space within 24 h urs (February 28, 2014) of this hearing and remain unoccupied until the building permit or demolition ermit has received a certificate of completion/occupancy within 120 days (June 27, 2014)as stated in th Order recorded in the public records of Collier County,Florida in OR Book 5018 PG 3635. 1. Thai the respondent did contact the investigator. I 2. Tha a re-inspection was performed on June 30,2014. C3. Tha the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in com.liance with the following conditions: Failed to obtain a demolition permit, inspections and certificate of completion/occuancy within 120 days(June 27,2014). FURTHER F.FIANT SAYETH NOT. DATED this /day ofJK172014. J COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD lite...--, Maria origz Code Enforcement Official .141111141r. STATE OF LORIDA till COUNTY •i COLLIER ~r rn to(or•ffirme nd subscribed before me this eday of Nil ,2014 by Maria Rodriguez • • ...4 _4: 1/ . (Signat'1i. o Notary�,i O % (Print/Type/tamp Commissioned Name of Notary Public) ;•�;_;::"' DIGNAIR��Y *'au :A Commission#E �4 Personally known'I _ .y-• s �„t .1nF eoo-3a�.�19 C ii COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130005831 Hearing Date: 7/24/14 Board of County Commissioners vs. Eva A. Guerrero Violation(s): Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(1)(A). Location: 1301 Peach ST, Immokalee, FL; Folio 30730960008 Description: A small type pole barn with a metal roof with no electric. Also an addition attached to the mobile home with electric, all constructed without first obtaining the authorization of the required permits, inspections and Certificate of Occupancy as required by the Collier County Land Development Code, 04-41, as amended. Past Order(s): On February 27, 2014 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 5018 PAGE 3635,for more information. The violation has partially been abated as of February 28, 2014 FINES AND COSTS TO DATE ARE AS FOLLOWS: Order item 3: Fines have accrued at a rate of$250.00 per day for the period between June 28, 2014 to July 24, 2014 (27 days) for a total fine amount of$ 6,750.00. Fines continue to accrue. Previously assessed operational costs of$63.88 have been paid. Operational Costs for today's hearing: $62.84 Total Amount to date: $ 6,812.84 0 ext2a, • Ces o 2-6/3 660 cgS*7 CUtiovvi 4 mckAq ecneero e. NO te.3(A.e.,Thi- (A ô (jag e_n\fa_vvi on aN.- add ccss Igo peccvl vy\m . L . Ixfity4 pociaoi qi+ctettot C vvi oo) av‘d -5‘ )cus4A.A. r (eck U.) s(A.byrs, 4eoi .t4-tA v\ ciaNks • -- (cm. 4fai-td ho"t- cm{ tyuft-1-16/15. 0,cprrtsc4. 0\c_ V2/. - 2._cctr T4e24A V6t-i CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. EVA A. GUERRERO Inv. Maria Rodriguez Department Case No. CESD20130005831 FINDING OF FACT HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 0 12 0.025 $0.00 Color 0 12 0.035 $0.00 Three-Hole Punch 0 $1.80 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording(First Page) 0 $10.00 $0.00 Document Recording (,adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Finding of Fact $0.00 IMPOSITION OF FINES HEARING Copy Costs& Mail Fees Pages Copies Per Page Black&White 4 12 0.025 $1.20 Color 2 12 0.035 $0.84 Three-Hole Punch 1 $1.80 $1.80 Mail 1 $8.00 $8.00 International Mail RRR 0 $21.05 $0.00 Total $11.84 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $62.84 TOTAL OPERATIONAL COSTS: $62.84 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20130000332 vs. INSTR 4952708 OR 5014 PG 3035 JASON T.BRICK, RECORDED 3/7/2014 2:07 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 23,2014,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.2007-44,it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED for a period of 60 days(March 24, 2014). The Respondent shall pay$64.43 in operational costs within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .5 day o ' 2014 at Collier County, Florida. ODE EN O'CEMENT BO D COLLIER 1)UNTY, • e °i DA State of Florida r� County of COLLIER BY: �i •e Kaufix►. it 8 Nort 1:e"shoe Drive HEREBY C�1ZT4C�,�'T�1.3��this i ,;a true and �•' correct t c '1,'docur nt�o le in, �., 1 aples,Hof+a 34104 • Board ,r4 i.huf nd R F;��f zf flher,,County V�I�TNE .�i:lly ha riu c;'fiGf seal t tis dy of • ._; )i D GHT Ec,$ROC aCLERK-QF7C00RTS f, t ~l 411116,„I C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of , 2014 -y 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 '•-nse as ident.'cation. ,a ■ KAREN G BAILEY rr "Alpo , ‘A‘ MY COMMISSION#EE8' 17N•T 'Y PUBLI 14��•.' '•. EXPIRES February 14,20 ■ commission expires: (40T)39153 FlondallotarySe •ice.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDFR has been sent by U. S.Mail to Jason T. Brick, 1336 Trail Terrace Drive,Naples,FL 34103 this day of fIL*L_ L4,2014. M.Je./' awson, Esq. Florida Bar No. 750311 681 Goodlette Road N., Ste.210 Naples, Florida 34012 (239)263-8206 C C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130000332 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BRICK,JASON T,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 28, 2013,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [abated violations] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4909 PG 3214 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [4/17/14]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [complying with this order] FURTHER AFFIANT SAYETH NOT. DATED this [7th] day of[April],2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT t : • 1 Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER __, t j� Sworn to(or affirmed)and subscribed before me this i day of AP C . I ,2014 by Heinz Box • (Signature of Notary Public) #61,:::. , TERESATOOLEY (Print/Type/Stamp Commissioned Name of Notary Public) # . .k MY COMMISSION I FF 069279 i F EXPIRES:November 7,2017 41,r4cF vooO� Bonded Thru Budget Notary Services Personally known C INSTR 4985247 OR 5039 PG 3240 RECORDED 5/21/2014 11:56 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 C CODE EN FORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130000332 vs. JASON T.BRICK, Respondent ORDre t+ e��_' r Of et *I I r THIS CAUSE came on for '.1'• ....g before the Board•40 i 24,2014,on the Respondent's Motion to Continue the hearing o 1.sitim. a • '.e lensn C is t Ps k . 'i \pit 1 The Respondent rep, o. A S .W. on\...... i ot► Fines/Liens. C ORDER OF THE •.y r) // Based upon the foregoing, :,..1. :.t to the authority gran `ink hapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as . as .. D: 1. The Respondent's Motion for Continuance is GRANTED for a period of 30 days. 2. The Respondent is to pay the previously assessed operational costs of$64.43 and the operational costs for today's hearing in the amount of$64.64 within 30 days(May 24,2014). DONE AND ORDERED this I day of Ulf., 2014 at Collier County,Florida COD' ' ' 'CEMENT BOARD LIE: '•UNTY, ORIDA State of Florida BY: e .),:. . County of COLLIER '"' ' ` ' �'` ' 281,N. :.s oe Drive LH.EF FFR?TIFY THAT this is a true and 1Orida 34104 ,'.ceraeopir,Oascipcument on tile in Si and iiiut 'ao ecords of Collier County vui .ttiri' n¢`"nd official seal this C - ::'DWIGHT , "• K,-CLERK OF COURTS *** OR 5039 PG 3241 *** C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this I day of 2014;b bert Kaufman,Chair of the Code Enforcement Board of Collier Co ,Florida,who is personally known to me or who has ! .' ced a Florida Driver's:cense as identification. diOalliE t"A =.�'- KAREN O BAILEY NOT I'Y PUBLI ' Liu MY COMMISSION#EE875121 My commission expires: - • EXPIRES February 14,2017 8i;7 $198 1 $dUNOJiySe..iee.cam PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or 'on-of the satisfaction of the obligations of this Order may also be obtained at this location. -","R COUh V APPEAL:, Any aggrieved party may final order of the B. •tA- Circuit Court within thirty(30)days of the execution of the Order . IT appeal shall not be a h< _de n ,but shall be limited to appellate review of the record created ••i'• the s •14... _. ..nst.ility f the appealing party to obtain a transcribed record of the hearing ; ... A.a Clerk o .•. k Filing s Ap.-. • not automatically stay the Board's Order. C.• to •P, SERV E, I HEREBY CERTIFY . and correct copy of+6' O• I : •- • sent by U.S.Mail to Jason T. Brick, 1336 Trail Terrace Drive,N. + 34103 this t .1- if ;i! M,r 2014. 94" 4 , - wsron,Esq. on.. BarNo.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130000332 COLLIER COUNTY CBOARD OF COUNTY COMMISSIONERS,Petitioner vs. BRICK,JASON T,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 March 28, 2013,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4962 PG 797, et. seq. 2. That the respondent did contact the investigator [Contacted by Alex Daane]. 3. That a re-inspection was performed on [May 20,2014]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Permit obtained and"CO" issued]. FURTHER AFFIANT SAYETH NOT. DATED this [20] day of[May],2014. COLLIER COUNTY, FLORID CODE E►I ORCEMENT, ARD .4011 Piici!'`�se Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this = \ day of (Y �� ,2014 by Delicia Pulse (Signature of Notary Public) 41 Pu TERESA TOOLEY MY COMMISSION#FF 069279 EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) r�9rFOFF�o�<°e Bonded Thru Budget Notary Services Personally known C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130000332 vs. INSTR 4826906 OR 4909 PG 3214 JASON T.BRICK, RECORDED 4/18/2013 12:19 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent REC$27.00 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 28,2013,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Jason T.Brick is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,did not appear at the public hearing,but entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1336 Trail Terrace Drive,Naples,Florida 34103,Folio 77412120006, more particularly described as Lot 14,Block F,Trail Terrace,according to the map or plat thereof,as recorded in Plat Book 2,page 94,of the Public Records of Collier County,Florida,is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)in the following particulars: Unpermitted alterations made to the garage. 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, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit,inspection,and Certificate of Conipletion/Occupanc wlthit 120 days(July 26;2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26, 2013,. then there will be a fine of$250 per day for each day until the violation is abated. C 4 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$80.29 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 `l day of -(l I ,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORID B . . _ Gerald Lefeb e,Vice-Clhiir 2800 North Horseshoe Drive Naples,Florida 34104 _ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4 day of 4-{L L 2013,by Gerald Lefebvre,Vice Chair ofe Code En orcement Board of Collier County,Florida,who is personally known to me or / who has pro.uced . •ida Drive ' License as identification.- 4"):44 KAREN G BAILEY •OT PUBLI •'c MY COMMISSION#EE875121 7,;: 4; My commission expires: •. a 4i EXPIRES February 14,2017 tao7i 3e8a153 FIo daNumryse eice.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O ER hasi been sent by U. S.Mail to Jason T. Brick, 1336 Trail Terrace Drive,Naples,FL 34103 this 4- day of 2013. M.J-• •wson,Esq. Flori.. Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Stale ca ,; ;_a Naples,Florida 34102 County of COLLIER (239)263-8206 .I EPr'' ERTIFY THAT this is a true and COr red.COr;''�' lit CCU ilent o.s Ti e in Board �'I`n;4e'r 3iar records Of COiller County ,' and and official /seaal this WIGHT E: EkOCK,CLERK OF COURTS a ;.� D.C. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, `✓ vs. Case No. CESD20130000332 Jason T. Brick, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jason Brick, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130000332 dated the'9th day of January, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 28th, 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 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 !20days of this hearing or C a fine of $250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. _ , aA-V- 6,6;" ., � Respo ent or Representative (sign) F f r Dian ' Iagg, Director Code Enforcement Department ■\Z66(‘ W-I:dr. — 2C -- 1 3 Respondent or Representative (print) Date • Date C REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130000332 COLLIER COUNTY BOARD OF COUNTY COMIMIISSIONERS,Petitioner vs. BRICK,JASON T,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 28,2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [abate violations] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4909 PG 3214 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on[7.29.13]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [abate violations as ordered by the Code Enforcement Board] FURTHER AFFIANT SAYETH NOT. DATED this [29th] day of[July], 2013. COLLIER COUNTY, FLORIDA CODE ENFORF-ME T BOARD Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER o ,o (or affirmed . d subscrib:a before me this c 14ay of tx) ,2013 by Heinz Box nature of Notary Public) (Print/Type/Stamp Commissioned Nam- -'Notary Public) NOTARY PUBLIC-ST,^TE OF FLORIDA Personally known .' �';awiey Cr' or. : 2E129317 Ex .TUN 07,2014 BONDED THRU A T'..::':":"'C ):;rC GCo.,INC. C r✓ CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110000425 vs. ELIDIA GARCIA, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 23,2012,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 Elidia Garcia is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified,did not appeared at the public hearing but 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 1275 18th Avenue N.E.,Naples,FL 34120,Folio 37807200005,more particularly described as the Tract No. 83,GOLDEN GATE ESTATES,UNIT NO.24,according to the map or plat thereof,as recorded in Plat Book 7,Pages 11 and 12 of the Public Records of Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a)in the following particulars: Permit 2004062889 expired on 7/23/05. No Certificate of Occupancy issued. 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, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all Collier County Building Permits or by obtaining a Demolition Permit and requesting all required inspections through certificate of occupancy/completion within 365 days(February 23,2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 23, 2013,then there will be a fine of$150 per day for each day until the violation is abated. INSTR 4666316 OR 4772 PG 1317 RECORDED 3/8/2012 12:03 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 C 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm.the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.86 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 ? { to BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20110000425 Elidia Garcia Respondent(s), • STIPULATION/AGREEMENT COMES NOW, the undersigned, Garcia, on behalf of himself or `\eXSe.\f 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 CESD20110000425 dated the 30th day of August, 2011. - 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 c'e,b. 2.2 , 10 12. ; 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 $ BC . 8( 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 Occupancy/Completion within 31oS' days of this Hearing or a fine of $ l S 0, 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. lithe 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) r Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date • REV 8/17/11 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CESD20110000425 vs. INSTR 4826902 OR 4909 PG 3205 RECORDED 4/18/2013 12:19 PM PAGES 2 WIGHT E. BROCK CLERK OF THE CIRCUIT COURT ELIDIA GARCIA, D COLLIER COUNTY FLORIDA Respondent / REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on March 28,2013,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 one year(March 28, 2014). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4 day of Q ,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA c, Florida �c z: lorida Count::of C;OLLIFR BY:all� 1 Herald Lefebvre, ice Ch'a t/ HERESY Cry=;TIFY THAT this is a true and 2800 North Horseshoe Dri 1e coi e=`I do '+' " ,_.':dent on file in Naples,Florida 34104 of Collier County :`•.: S, r: r hE;d1-..k.il.• t r 1 '�- r official Cll seCli 'this f! y�f 2 13 \ .,,L RK CF COURTS " 41rr.D.C. :4 C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4- day of 4, 2013,by Gerald Lefebvre,Vice Chair of -e Code Enforcement Board of Collier County,Florida,who is personally known to me or t, who has : oduced a Florida Driver's License as identification. KAREN G BAILEY l��'• , �j A '' Y COMMISSION#EE875 h IT-e Y PUBL "1111P— I.:4..,;,,,: t" M M Y, 14,2017 ":�°.� EXPIRES February M commission expires: °f�'', Floridahlom S°i .eon' 007 398-0153 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correc-copy of tlyi ORD) has been sent by U. S.Mail to Elidia Garcia,841 4th Street S.E.,Naples,FL 34117 this 2—day of Yk.A,2013. / iii / / If ..r<....._.-.) M.J,f Rawson,Esq. Flon.. Bar No.750311 Attorney for the Code Enforcement Board C 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110000425 C COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. GARCIA,ELIDIA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4909/PG 3205. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 31,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Pcrmit has not been finaled, but respondents have requested an extention of time. FURTHER AFFIANT SAYETH NOT. DATED this 31st day of March,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD James Davis Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or,affirmed)and subscribed before me this 31st day of March,2014 by James Davis /IL (Signature(Signature of Not. Public)` �PaY�PUg Kf SE LyBp NQES MY COMMISSION t FP 048468 p,,,;; � EXPIRES:September 17,2011 (Print/Type/Stamp Commissioned Name of Notary Public) -%-6 F1,��° BondeldThrUBudge Nola Y$rvices Personally known' A. INSTR 4985251 OR 5039 PG 3248 RECORDED 5/21/2014 11:56 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20 1 1 0000425 vs. ELIDIA GARCIA, Respondent ORD ' a ': L&alai. kso_ THIS CAUSE came on for pu before the Bo:�• 6:1 • 24,2014,on the Respondent's Motion to Continue the hearing o iti o Fin /Liens:— C' The Respondent reques a i�: 1•;4, _on a.pisi' -o Fines/Liens. ORDER OF THE i T • • u r - Based upon t h e f o r e g o i n g, :.di. lnt to the authority . ..in) ter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as :71;eqitift al. It--' :k•,O D: 1. The Respondent's Motion for Continuance is GRANTED for 60 days. 2. The Respondent is to pay the previously assessed operational costs of$80.86 and the operational costs for today's hearing in the amount of$63.74 today(April 24,2014). DONE AND ORDERED this 1 day of 2014 at Collier County,Florida. COD : 'CEMENT BOARD L I E R CO ,FLO t.:!A BY: :414rJII% State of Florida Tr a Kaitz`y''!', County of COLLIER 2:■I No.. • shoe Drive apl— .-+: 34104 I HER5BYtERTJF.Y.THAT this is a true and corset c0py'of'a-dement on file in d Matet.lid rds of Collier County $/iT Sm}rh: •`arit' ffcial seal this Q?D_dayofL ' _i!y a v GHT`E..BROEK:iLERK OF COURTS L�.• , �'_ D,C. .. � *** OR 5039 PG 3249 *** C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1 The foregoing instrument was acknowledged before me this day of Mal , 2014 Robert Kaufman,Chair of the Code Enforcement Board of Collier County, lorida,who is V personally known to me or who has pr •uced• •=•: Driver's License as identification. /�/_c�1 � t - - -'� KAREN G BAILEY NIT. 'Y PUBLIC = MY COMMISSION#EE875121 1' My commission expires: EXnIRES February 14,2017 4444) triondimote Servkz corn PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or • -=o ati the satisfaction of the obligations of this Order may also be obtained at this location. �R C APPEAL: Any aggrieved party may .' .d final order of the B Circuit Court within thirty(30)days of the execution of the Order appealed. - •.j' shall not be a hearing de n, o,but shall be limited to appellate review of the record created • i'//the • k : ' k_ It4s41 i-{esponsiflfiity a f the appealing party to obtain a transcribed record of the hearing 'm a'a Clerk o a• , Filing Appe: wiI not automatically stay the Board's Order. ;� I to •. SER_C Now I HEREBY CERTIFY i r~` ' and coned copy of i o' • ' • : •- . sent by U.S.Mail to Elidia Garcia,841 4th Street S.E.,Naples,'+0i.; 34117 this I da '� L . 2014. 1 0 "won,Esq. on,•Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 C COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20110000425 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. GARCIA,ELIDIA,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER 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 February 23, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR 5039 PG 3248. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 23,2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Permit has been finaled. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of June,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEME► :OARD Af James Davis Code Enforcerklent Official STATE OF FLORIDA COUNTY OF COLLIER Swan to(9{affirmed)and subscribed before me this 23rd day of June,2014 by James Davis E 6-- tPgignature of NO try Public) *.•^•U � SHIRLEY GARCIA * Z.�' * MY COMMISSION#FF 075053 T EXPIRES:December 21,2017 Fo�e Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ® COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20110000425 Hearing Date: 7/24/14 Board of County Commissioners vs. Elidia Garcia Violation(s): Ordinance 04-41,the Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) Location: 1275 18th Avenue N.E.,Naples, FL; Folio 37807200005 Description: Permit 2004062889 expired on 7/23/05. No Certificate of Occupancy issued. Past Order(s): On February 23, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4772 PAGE 1317, for more information. On March 28, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4909 PAGE 3205, for more information. . On April 24, 2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5039 PAGE 3248,for more information The violation has been abated as of June 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between March 29, 2014 to June 23, 2014 (87 days) for a total fine amount of$13, 050.00. Previously assessed operational costs of$144.60 have been paid. Total Amount to date: $13, 050.00 The County is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. Retn: 3593067 OR: 3771 PG: 3447 C C CODE 11/01C11111 RECORDED in the OFFICIAL RECORDS of COLLIER COURT!, FL REC FEE 44.00 IITER OFFICE / LBO BOEAEEO 04/11/2005 at 09:04AX DWIGHT B. BROCI, CLIII 213 2994 err✓' CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2004-72 vs. JAMES C.AND SHERRY MARSHALL, Respondents / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hea . q� t March 30,2005,on the Respondents: Motion to Continue,and the Board hay' "onsidered the ma ,1�'a eing duly advised in the premises, hereby DENIES the said Motion to on"(." ' 1� CBased upon the foregoin an =. ( u. to . au,., 'v wan*,d C r apte 162,Florida Statutes,and Collier County Ordinance No.92- A hereby ORDERED: - • .y That the Respondents' Moti ontinuance is DE a, (5 Any aggrieved party may appeal der_of the BJar tie ircuit Court within thirty(30)days of the execution of the Order appealed.An appeal sha E9' .g de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. i DONE AND ORDERED this day of°49U I ,2005 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: 6,,, ��,, tit Cliff Flegal7Chair( 2800 No Horse hoe Drive Naples,Florida 34104 OR: 3771 PG: 3448 C STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this--day of rJ ,2005,by Cliff Flegal,Chair of the Code Enforcement Board of Collier County,Flo '•.,w o is perso'. known to me or who has produced a Florida Driver's License as identifica'on. Donna L Modugno ((1-s �" NO ARY PUBLIC �.• �- Commission#DD2344 _Expires:Aug 18,2007 Bonded Thru My commission expires: ,°F,^,°` Atlantic Bonding Co••fnc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been s t by U.S.Mail to James C. and Sherry Marshall,975 Red River Road,Gallatin,TN 37066 this 7 day of i f ,2005. COtix r, ean ',4 on, sq. F o •da Bar 'o.7 0311 f..e C.de Enforcement Board fiCC C t le F1• ri e ue S} Ste.300 4 ("`l 39) 82p • 41E Sata of WAWA Coin*at cou.gie cc4: HEREBY It farad correct ... In Board Mi fee and:Rice. ' lier Colmar N E y Q fair day.of 1 mil 6a;. C S1 M'y PS: DWIGHT E. ' = 2• 'OF COURTS By IP/SA,.. OR: 3771 PG: 3449 4 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, • COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.2004-72 vs. JAMES C.AND SHERRY MARSHALL, Respondents • FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing befor {.. d ova ••• '� 8,2005,and the Board,having heard testimony under oath,received evidence, ,ea y.- - • �, : p . riate matters,thereupon issues its Findings of Fact,Conclusions of Law, • s 4r s the Board,as • c-FFNDINGS OF F•CT 1. That James C.and Sherry . th:,a. 2. That the Code Enforce, . I t B r• has ' di •o f t! .e ••ns of R spondents and that the Respondents,having been duly no F`e+ • ;, r ' t arin; h y. 3. That the Respondents were s o .-d of the date of he. ...4.* c- i +.it and by posting. 4. That the real property located :420 0"'Avenue N.W.,Napl: da 34120,Folio Number 37590120007 more particularly describe• r GOLDEN " RTES,Unit 20,according to the plat thereof recorded in Plat Book 7,Page 80 0 �_ '' cor= r� , 'er County,Florida,is in violation of Section 104.5.1.4 of the Florida Building Code ash er County Ordinance 02-01,and Sections 10-.02.06(B)(1)(a)and 10.02.06(B)(1)(d)of Ordinance 91-102,as amended,codified as the Land Development Code in the following particulars: Numerous wooden sheds built without first obtaining authorization of Collier County permits. Also,a house that was semi-built under Permit#86-2791,which has expired without obtaining all the required inspections and certificate of 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.92-80,it is hereby ORDERED: That the violations that were found to exist be corrected in the following manner: C 011: 3771 PG: 3450 _ 4 • C 1. For all non-permitted sheds or accessory structures on described property,by obtaining all Collier County Building Permits or demolition permits and by following through with all required inspections and Certificates of Completions for described structures within ninety(90)days(June 28,2005); 2. For primary structure,by obtaining a new valid Collier County Building Permit within ninety(90) days(June 28,2005)and follow through with all required inspections and Certificates of Completion within 180 days of permit issuance; 3. In the alternative,by obtaining a Collier County Demolition Permit and by removing the primary structure and all related debris to an area intended for such use and obtaining all required inspections through certificate of completion within ninety(90)days(June 28,2005); • 4. That if the Respondents do not comply with paragraph 1 of the Order of the Board within ninety(90) days(June 28,2005),then there will be a fine of $50 per day for each day that the violation continues past that date. 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within ninety(90) days(June 28,2005),then there will be a fine of $100 per day for each day that the violation continues past that date. 6. That if;in the alternative,the Respondents do not comply with paragraph 3 of the Order of the Board within ninety(90)days(June 28,2005),then there will be a fine of$100 per day for each day that the violation continues past that date. 7. That the Respondents are to notify .y o cials that the violation has been abated and request the Investigator to come out and pe • 8. That t h e Respondents are o .` . •ay all operatio. q I cured in the prosecution of this case. Any aggrieved party may a.. al • rder of the Board to the irc Court within thirty(30)days of the execution of the Order appealed An -•.O: not h-' : de no a,bu shall be limited to appellate review of the record created within Fi :..an4.p . -... •ot sta, _,e--$.,.. .'s er. 416— DONE AND ORDERED this 1 y • si't 1 , 0‘ C, a Co I•er ounty, , Florida. n ��,, ;,, . r°" CODE ¢ ORC:ME 0 ■a ARD +„...\\ COLLIE' a! 110A BY: 4 Cliff ..y; WI• •Ir. . •u a 0 •rs shoe Drive r.• orida 34104 • : STATE OF FLORIDA ) • )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,�r./ , 2005,by • Flegal,Chairman of the Code Enforc •• i t Board of Collier Coun ty,Fl6rida,who is onally known to me or _who •. pro• ced a Florida Drive• - License as identification. k /IL ' lit i rikapc6 State at FLORIDA- ' .�� 8. NOTARY PUBLIC Caw of GOW Z�' '!j My commission expires: I HEREBY c ielt . �tai s and correct copyyr doe • Vsi i 1/a`i) Y P''' �� a L #DD234494 Board Mint, and'-R�ordi.?''.Co tt Counf� �' " =^Commission k 8 2007 - I,� _ •_Expires: ESS m , ••n. - .1 �� • �•� N day of Bo • • ''�,°F^ `' Atlantic Bonding Co..lnc. DWIGHT E. BROM Ci,E� QrbOURTS SY` ChoiL1pc. *** OR: 3771 PG: 3451 *** C CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDE1 has been s by U.S.Mail to James C. and Sherry Marshall,975 Red River Road,Gallatin,TN 37066 this '")",'day of ,2005. • l aL M.J , ,`1,,wson,Esq. Florida :ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste.300 Naples,Florida 34102 (239)263-8206 • p ASP, COO), 71 )P11( so,„ u, • • CIS C INSTR 4368857 OR 4514 PG 2605 RECORDED 12/3/2009 9:49 AM PAGES 13 DWIGHT E. BROOK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $112.00 C CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEB NO.: 2004-72 vs. - JAMES C. MARSHALL and SHERRY MARSHALL, Respondents. •:.R ( ORDER ON MO " IV FOR REDUCTIQ 3 FINES/LIENS \\THIS MATTER ha ring co "': .= or- he o Tier C untic Code Enforcement Board at public hearing on September 4, . 50 , - • .7.34' t ' 71' n f r Reduction of Fines/Lines,it is hereby ORDERED that R: •' .• or enie• ac Ndance with that portion of the transcript attached hereto and i` .orated herein(pag 50 o g 0). Any aggrieved party may .. �. final order of t e ar$to the Circuit Court within thirty (30)days of the execution of the Order�a .; pe • all 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(;;:e� day of October,2009 at Collier County,Florida. CODE ENFORCEMENT BOARD SW et;mu COLLIER COUNTY,FLORIDA •{'t�,1•i'1. #x��''•~,. .rte HEREBY CERTtFy +T VAI' e - - Kenneth- 'ice-Chair �rrr ct copy of a day�bm fll�rt ,, 2800 North Horseshoe Drive lyd'Mirrutes a d c of Naples,Florida 34104 —(�� mvh , r i itk� Gay ofr ,n}�/' • DWIGHT E. BRQIC ``a ti' OR 4514 PG 2606 C STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this al47day of October, 2009, by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or JC who has produced a Florida Driver's License as identification. NOTARY PIJBLI�sT 17 cF FLORIDA N(51;‘" O ARY PUB C • """% 114 R. Colli My commission expires: 08)//2020/I f r1=Cn:nmi?sian#DD691754 cir3,5" Ati(:.1),20 .�.T ... ..r.iT'..;..i.i•�—.tiG:...ailIIQG•a C' • I C E ,F ` I E r t, ,I I HEREBY CERTIF *ha a true an• csrrect .opy Q th • D ER has been sent by U. S. Mail to James C. and Sherry=11 this 2.3%y of o;, •b-r, to" to the following addresses: James C.and Sherry Marshall C3✓�es C. and Sherry Marshall 975 Red River Road / 3241 S.W. 104 Ct. Gallatin TN 37066 Miami,FL 33165 144=cA- ( IDI ASH ON-CICKO,ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board ` OFFICE OF THE COUNTY ATTORNEY • Harmon Turner Building 3301 East Tamiami Trail Naples,Florida 34112 (239)252-8400 �Ir OR 4514 PG 2607 C September 24, 2009 MR. DEAN: What are you talking about? This last -- MR. L'ESPERANCE: The $920.40. Operational costs that she's paid. MR. DEAN: That's normally (sic) higher than operational. Why was it? VICE-CHAIRMAN KELLY: There's been a change in procedures with staff. MR. DEAN: Right. VICE-CHAIRMAN KELLY: And the new procedure has I guess a much more efficient pa . - than what they had in the past. MR. DEAN: That's , VICE-CHAIR • f,►■ LY: Oka ,144 I ding on to motions for reductions of fine. J. r i e 114 4 arsh 11.\ (Speakers were •u o j.. time.MS. WALDR• o, . ! et a second of your If you could ple efer to your es axe- -gulations, Article 10. If there's anyone who E .� not have a `. . /. ase let me know and we will get you one. • ' I Secti e y •elieve it's on Page 9. And we've also included aa ii444 ous orders and evidence to you this morning. MR. L'ESPERANCE: This is in reference to which case? MS. WALDRON: To the Marshall case. VICE-CHAIRMAN KELLY: Okay, and you've sworn both of them in? THE COURT REPORTER: Yes. VICE-CHAIRMAN KELLY: Good morning, Mr. Marshall. MR. MARSHALL: Good morning. VICE-CHAIRMAN KELLY: The county has just asked us to refer to our rules and regulations about the motion that you have presented to us. And for everyone's benefit, I'll quickly read into record the article that was requested by county staff to look into. Page 50 r OR 4514 PG 2608 C September 24, 2009 It is Article 10 of our rules and regulations, Section 6. And it says verbatim: The board will not rehear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. With that being said, sir, I'd be happy to hear what you'd like -- MR. MARSHALL: I believe I filed with the county a motion to reduce the fine, which is our first motion. VICE-CHAIRMAN KELLY: Correct. MR. MARSHALL: And in that, I made a reference to when the fine was imposed the board,on-A: • 7th, 2006 did not discuss the criteria that was set out • a A &, ,• e Code Enforcement Board statute.' ,A I included in tha rn the ne and request for a hearing a transcript f - • - . Ili .. IS f lc. i ;t ose -- that criteria was not discussed. I ' • a 'e ~il'E. e sat on the board the day the fine was rm c5� �' - I've also brough th me as supp,,. n my motion to reduce the fine, I have five co that I'd like °o �®°��i t to the board and I have one for the county4 '--. 'S VICE-CHAIRMAN . tk,'. an additional motion? MR. MARSHALL: No, it's a supplement to my motion. It's not an additional motion, it's just some criteria. I believe,if I might refer to -- I think it's Article 10. I don't have a recent Article 11. Just bear with me, please. VICE-C KELLY: While Mr. Marshall is looking for that, in order to entertain his supplement, I will need a motion and an approval and then also a comment from our attorney as to the validity of it. MS. ASHTON-CICKO: I think generally they have to provide the motion a certain number of days before the hearing. But in the spirit of due process, I'm going to suggest that you take a look at it. VICE-CHAIRMAN KELLY: Very good. CPage 51 OR 4514 PG 2609 September 24, 2009 I'll entertain a motion to accept the supplement. MR. DEAN: I'll make a motion to accept the supplement. VICE-CHAIRMAN KELLY: We have a motion. Do we have a second? MR. L'ESPERANCE: Second. VICE-CHAIRMAN KELLY: We have a second. All those in favor? MR. DEAN: Aye. VICE-CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: A y...-_ MR. KAUFMAN: �A�. MR. LAVINSKI:/• V e\\ VICE-C • ' /• • A op. s se\d? (No response.) VICE-C • l' 4 • s al ,just to clarify, so your position is �. - _ y p is whe c, �r.. Ga .o:. .. mes request to reduce or .'� you did not q them, is tha ;- MR. MARSHAL ere was a m6 11 abate the fine. VICE-CHAIRM • Y: MR. MARSHALL: Bleilit LOP din -- and I think I've included in the original motion that you folks had received prior to today's hearing -- let me see here -- you know, from the August 21st, 2003 Code Enforcement Board, I believe it was the hearing, it could have been a workshop, I'd have to check real quick, that the abatement of a fine and the reduction of a fine are two separate animals. So rather than run myself into the quagmire where I was doing something I wasn't permitted to do, that's why I clarified that this is our first motion to reduce the fine. I don't know if we ever got to the merits actually of my motion to abate. And I can't recall offhand if any of you gentlemen sat on the board for that. But that being said -- let's see, where did I put that? Bear with me, please. I'm sorry. Page 52 Amserwerrinwamir OR 4514 PG 2610 C September 24, 2009 My Article 11, a reduction of fine and imposition of fines, I believe under Section I permits the county to consider any factors that make the abatement or the reduction of the fine appropriate. MR. KAUFMAN: I've got a question for county. Has this violation been abated? MS. WALDRON: No, it has not. MR. KAUFMAN: If it has not been abated, we generally do not even hear reductions if the fine has not been abated; is that correct? MR. L'ESPERANCE: The violation still exists is what you're saying. MR. KAUFMAN: ' e a .. Co--6k MR. MARSHALL:,1, e , that's so = .6 g we're going to get into in my supplemen h- , MR. KAUF : I'm .._4&kthe Gr. 's. MS. WALDR r . ` i. F o ' �+ ` And if you lea - ' � II. ' n - y p �� • ck� . �� 11, there is an order. It is OR40813366. ,d his is an ordee oon mato n for reduction/abatement o s and lien. 6,/ MR. KAUFMAN: ` `:- e -- d the number ' p, r that s up on the top 3650241? 711.} c11 MS. WALDRON: It's actually OR40813366. There are numerous orders in your packet. MR. KAUFMAN:. Okay, I was just looking at the one that said that the -- that it was denied on -- I'm trying to find the date on this. MR. MARSHALL: Maybe July 29th; 2006? MR. KAUFMAN: The rehearing was on June 23rd, 2005. Motion for rehearing was denied. MS. WALDRON: That's a different order. MR. KAUFMAN: Okay. MS. WALDRON: It's the order on motion for reduction/abatement of fines and liens. Came before the board on July 27th, 2006. C Page 53 OR 4514 PG 2611 C September 24, 2009 MR. MARSHALL: If I might interject, if there's a copy of my motion, I believe it only says motion to abate the fine. I don't believe it says anything about reducing the fine. So the order may reflect -- may use that language, but I don't believe the motion did. And I have a bunch of stuff here from the county. I don't know that I have a copy of the motion to abate in there. But my recollection is that we only filed a motion to abate the fine. VICE-CHAIRMAN KELLY: The point that was just brought up by both Mr. Kaufman and Mr. L'Esperance is that we don't as a board rule to reduce or abate any fine • 4 ompliance has been secured, until the actual violations . ;• In that case, that's why we actually denied the 6 • al notice tot t- and/or reduce whatever the original motion w.s. So in this case ' n( is" •2 :,- • R ,;, s of an issue as to procedurally, you kr1o4 0 i• y f► . . F 1. to ent versus a reduction, and it's d it s rn • : • .�. �• - fa L,--a ere s still a violation that exists that basics , �•isallows this '• d gg u est or think of-- � � about or rule on any , i4 : reductions : -y,lkind. MR. MARSHALL s etstand. M:. `). ut you are misapprehending the facts o . .. ;31 's '•ch you are -- which I'm trying to bring you up to speed by the supplement to the motion. VICE-C KELLY: I can appreciate that. I also would like to refer to the original motion to rehear, which was denied, which was timely. However, now we are -- not only have we been asked to rehear the case and denied that, we are now past yet another time frame to rehear, and that's a completely separate issue altogether. We can't rehear the original case. MR. MARSHALL: I understand that. But I'm just saying that in the criteria for reducing a fine is any factor under your rules that make an abatement appropriate. And the factor, the definition of factor is any element that brings a particular result. So I have factors here that I would like you to consider. Whether CPage 54 OR 4514 PG 2612 C September 24, 2009 or not at the end of considering them you think you have jurisdiction or not is another question. But, you know, this notion that there's a violation on the property is incorrect and I'd like to, you know,just indulge the board for five minutes. VICE-CHAIRMAN KELLY: If I may, I'd like to poll the board and see if we can't get some kind of acceptance to allow you to make that presentation to us, with the understanding that the board may set a specific time constraint as to how long we'd like to hear details about what you have to say. MR. MARSHALL: ' . ` '" :er + , d's pleasure. VICE-CHAIRM , 1 LLY: Wo 6 ih: board entertain listening to the suppl • .a, • g er-hapfr som: = d of extenuating factor that may exist �- .fl t , 7.: ,? MR. DEAN: F,ve a N y MR. L'ESPE ■ - • Z tes. vEt'''', MR. KAUF • ive minutes 4 MR. LAVINSKI. 1$4 ee. t' �,� VICE-CHAIRMA 's s . _ ;_, tall, it's unanimous. We'd like to hear what you :1o_ �"r five minutes. MR. MARSHALL: Okay. The original fine on the property, I'm sure you probably have an order in your packet, is that there were no permits for the sheds on our property. Exhibit No. 1 to my supplement is the Collier County permit that we were issued in 1986. As a general condition states up in the right-hand corner, only the work as shown on the approved construction plan will be allowed under this permit. The next page is my construction site plan that was stamped by Collier County and signed off on on September 22nd, 1986. You'll see on the site plan there's my residence, a 20 by 20 pole barn and a three by eight rectangular structure that we intended at one point in time to put our water softener in. C Page 55 OR 4514 PG 2613 C September 24, 2009 So we had plans and we had permits. The county never had the permit at the original hearing, the county never had the blueprints. There was some discussion about the blueprints, and I argued you have to look at the blueprints. You just can't look at the permit application to determine what we were legally allowed to build out there. So we've been being chased for seven years for unpermitted structures that we have permits for. I have the original permit with me and the original plan that I can submit into evidence. So rather than getting involved in any more litigation, and I don't -- I mean, I could get into the 1.. l ith the building, the main structure, and it involves it l: _ , , 4 .: lie permit was issued under, that we were net : ven before ' i•inal hearing, the difference in those c e i ed a ith .tal clarity in the motion. What I'm aski (e + o + t� ,i+er -- I know there's some question abou Id) 9 w C . • tri `�f a with the lien, you know. I know that atute says th. 4 e l' s in favor of the county, but the coun '. of enforce t V ems, That's solely the duty tY and the authorization o w - 5 + - E + i 'e`nt Board. So the lien can sit there in perpetuity. The : S►: 9 Wayt tty Commissioners can't ` authorize anybody to do it. It's your business. So I think it's still within the purview of the board to reduce the fine. If the county doesn't like it, then the county can take it up with the courts. The alternative would be, and I mention it in my closing paragraph, is if it's in the county's -- in the board's opinion that there is no violation, certainly with the sheds. I mean, I think that's -- there's no argument there, those structures are legal. If you would look on I think it's Exhibit No. 3, which was entered into evidence at the Code Enforcement Board hearing, this was put out by the property appraiser, you'll see in the first vertical column up at the top, building, APC, APC, GPC, three buildings. Down at the bottom, three C Page 56 OR 4514 PG 2614 C September 24, 2009 buildings. They've been there since 1989. There's no illegal construction going on out there. So as I was just getting around to, what I asked the board to consider doing is that we would request the board to enter an order or at least to consider it, take it up at another hearing if you need to or whatever, removing the fines from our property and if necessary to petition the board to reduce the fine to remove the lien, if you don't feel you have the authorization to do that. We've already appeared in this commission room once before in front of the board and said Mr, eteurneau's been on our property without inspection warran , 414.re .:. • .1 oak dah, dah, dah, dah, dah, and they said wel go to court. ,t So we're in co . • ■ ' g; - ,1 at i wa at least worth the effort to try to appea?b- • - 1 :....' a gh there was -- in the broadest application of 1- that we could have a little more than fi - 'i a - . ... 3 litoitio S k Ord. So that's basically the thing in a nutshel' \ , VICE-C • • ,4 04, , LLY: Can'I u.st quickly if you happen to have a copy o ° : a . - fiat shows signatures that a final building was approv- •it -. E"; ate of occupancy? MR. MARSHALL: Oh, I don't have that. I don't have that. You know, that's a different issue. I'm talking about first of all my sheds, we've been fined, and there's a lien on our property for unpermitted sheds. They're on our plans and the permit says what's ever on the approved plans can be constructed. So we built our sheds, and they're not unpermitted. Now, you still may think they are. VICE-CHAIRMAN KELLY: Well, if I may explain, what permitting means to us is not just to go down and to apply for a permit or maybe even receive one, it's also to make sure that that permit has been approved all the way through to a final and a certificate of occupancy. At that point then the permit would be completely legal. MS. ASHTON-CICKO: Mr. Kelly? C Page 57 OR 4514 PG 2615 C September 24, 2009 VICE-CHAIRMAN KELLY: Please. MS. ASHTON-CICKO: We have received testimony from Mr. Marshall that a lien has been placed against his property, so I'd just like you to take note of Section 162.09, subsection three of the Florida Statutes. And I'm going to start in the middle of the paragraph that starts with, a fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered and a suit filed pursuant to this section, whichever occurs first. A lien arising from a fine ; :• •ursuant to this section runs in favor of the local gove « • a' e. coal governing body may execute a satisfaction o '~ase of lien en edpursuant to this section. The local gove i • . . 1 1414 , C unty Commissioners. There . • - s .• - •F s oe say it accrues in favor of Collier Co +.- °,- MR. KAUFM • have a ques %'. O f tioi county. The building pe + at was issued U 6, do I understand that to be canceled or expire•,* VICE-CHAIRMAN 1 .: -ma y I, caution u on the board to get into the details of the case, unless there was some kind of ruling that allowed us to rehear it. MR. KAUFMAN: Okay, then let me make the motion. Pd like to make a motion to deny the request by the respondent, due to the language in Article 10. VICE-CHAIRMAN KELLY: There is a motion. Is there a second? MR. L'ESPERANCE: Second. VICE-CHAIRMAN KELLY: We have a motion and a second. And we have to call for a vote, but I'd like a little discussion on this. Can we even make a motion on something that may or may not be within our jurisdiction to hear in the first place? Is it something Page 58 OR 4514 PG 2616 September 24, 2009 that -- do you understand what I'm saying? I mean, if we're not allowed to even receive this motion and determine whether or not, you know, to approve or deny, can we even hear the motion? Or -- MS. ASHTON-CICKO: Well, I think you've already heard the motion. VICE-CHAIRMAN KELLY: But if we decide that the motion is without -- outside of our rules, by denying it -- MS. ASHTON-CICKO: I think you can deny it on the basis that you don't have jurisdiction. MR. L'ESPERANCE: We id •u like to amend your -- MS. ASHTON-CIC .r '1e two basis, so you already ruled on it and, on't have it ' 'on. You don't have further jurisdiction. MR. KAUF • A ' i .40 . t9i motion. VICE-C • I. • mo ed. And do we am il • :0.1 - �► �- el MR. L'ESPE' • tE: Second a •,- • 'e5-! VICE-CHAP • ► LLY: Ok. re any further discussion? (No response.) ' E C C VICE-CHAIRMAN KELLY: All those in favor? MR. DEAN: Aye. VICE-CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LAVINSKI: Aye. VICE-CHAIRMAN KELLY: Any opposed? (No response.) VICE-CHAIRMAN KELLY: Okay. I apologize, Mr. Marshall, but we have denied the motion to reduce the fines, or at least to hear that case. MR. MARSHALL: Which was it? Page 59 *** OR 4514 PG 2617 *** September 24, 2009 VICE-CHAIRMAN KELLY: All the above. Thank you. M_ oving on to new business. The consent agenda was approved at the time we approved the original agenda. Is there any reports, comments? y re p MS. FLAGG: Yes. Good morning. VICE-C KELLY: Good morning. MS. FLAGG: Diane Flagg, for the record, Director of Code Enforcement. I just wanted to brief you on a couple of things that the department is doing. This pas _ . as part of the Blight Prevention Program for :, h ,:- , , ,,- t Board Department, the five district teams Koine• with the she': .a division and filled n e ��. I I,, 9 Ice and utilities the county. Collect • -gym fi e cations throughout furniture. nd they' - - 0. �t � � `'. " �`" appliances, discarded y e . - _ • fiu success, not just by. their perspective bu fry.� 04 r MQ"'-, a � t3' • - ��s' perspective. What a cleanup .s, it allows th • 6 ��'� all those �� i tY members to bring things that th ted to get ri• • to a location, and all those things are dumpe• 0• 67, •st to • - So that is one of the co , • - � _ � • munity member. i( ... M e Blight Prevention Program are the cleanups. In addition, as we've talked before, there's been over 10,000 foreclosures/lis pendens filed in Collier County. The numbers continue to increase. When we compare the lis pendens filed last month to the lis pendens filed this -- or last year and this year, the numbers are continuing to increase. There's been over a thousand cases, code cases that the code foreclosure teams are working through with the banks, and we're approaching a half a million dollars that the banks have spent to abate the violations that exist in our community. p In addition, we've implemented a new program in the Immokalee district. One of the things that the community members expressed p was Page 60 • IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL COPY CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA =,, CIVIL ACTION ?�� JAMES C.MARSHALL, SHERRY M. MARSHALL, J �. /Appellants, _.�rn vs. � . .. CASE NO: 09-CA- 10182 COLLIER COUNTY CODE ENFORCEMENT BOARD, /Appellee. OPINION THIS CAUSE came before the Circuit Court, in its Appellate capacity, on an appeal by the Marshalls of the Collier County Code Enforcement Board's denial of their Motion to Reduce Fines. The Marshalls also argue that §162.09, Fla. Stat. unconstitutionally denies due process in the imposition of fines. I. BACKGROUND In 2005, the Marshalls were cited for various code violations and ultimately the Code Enforcement Board ("CEB") entered an administrative order on April 5, 2005, specifying the violations and instructing the Marshalls to either resolve certain permit issues or demolish the structures on the property. The Marshalls appealed that administrative order to the Circuit Court in Collier County Case No 05-CA-1110. The Circuit Court denied the Marshalls' appeal, brought as a Petition for Writ of Certiorari. The Second District Court of Appeal ultimately affirmed the Circuit Court's Order, and subsequently denied the Marshall's Motions for Rehearing and Written Opinion. The case concluded in July 2009. A copy of the Circuit Court's Page 1 of 6 Order Denying Petition for Writ of Certiorari is attached hereto for reference because it sets forth in detail the arguments raised by both the Petitioner and the Respondent. During the course of the appeal of the 2005 order, the CEB entered an order on May 5, 2006 imposing the fines outlined in the April 5, 2005 Order. The May 5, 2006 administrative order was not appealed. The Marshalls filed a "Motion to Abate" in June 2006, specifically asking the CEB to abate and vacate the May 5, 2006 Order imposing the fines. The Motion did not request a reduction of the fines. The CEB denied the Motion in an order dated July 31, 2006, and titled, "Order on Motion for Reduction/Abatement of Fines and Lien." A transcript of the hearing on that Motion was made part of the record in this case, and a review of that transcript shows that, while members of the CEB referred to the motion as one for "reduction", Mr. Marshall specifically stated at page 68: "The point is I'm trying to get the fines that are related to the primary structure abated." Mr. Marshall referred specifically to abatement several times during the hearing. The July 31,2006 Order was not appealed. On or about July 9, 2009, the Marshalls filed a Motion To Reduce Fines and Request for Hearing. On September 29, 2009, the CEB held a hearing on the Motion. The CEB entered an order denying the Motion on October 22, 2009. That order is the subject of the instant appeal. The order denied the Marshalls' Motion for two reasons: 1) that it had previously denied the Marshall's Motion for Abatement/Reduction of Fines in 2006 and therefore lacked jurisdiction to hear the issue again pursuant to CEB Rule, Article X, Section 6; and 2) the Marshalls had not come into compliance with the 2005 Order regarding the permitting/demolition issues. The Marshalls argue that they filed a Motion to Abate in 2006, not a Motion to Reduce Fines, and therefore, the CEB is not prohibited from hearing the Motion to Reduce Fines. The CEB argues that "reduce" is the same as "abate" because to "abate" is to "reduce to zero." Paget of Black's Law Dictionary defines "abate" as "a court decision that is suspended, or simply closing the case before the final decision is reached." The Marshalls also argue that,because they were not in violation in 2005 that fact should mitigate in favor of reducing the fines. The problem with this argument is that, right or wrong, that decision has been made, appealed to the Circuit Court and upheld, and appealed to the Second District Court of Appeals and upheld. It is final,and any attempt by the Marshalls to re-argue the 2005 findings and order, and any continued attempt to convince the CEB and the Court otherwise,are fruitless. II. ANALYSIS The applicable standard of review by a circuit court of an administrative agency decision is limited to: (1) whether procedural due process was accorded; (2) whether the essential requirements of law have been observed; and (3) whether the administrative findings and judgment are supported by competent substantial evidence. The court is not entitled to reweigh `�✓ the evidence, to reevaluate the credibility of the evidence, or to substitute its judgment for that of the agency. See,Haines City Community Development v.Hegps, 658 So.2d 253 (Fla. 1995). The Marshalls filed a Motion to Reduce the fines, and the CEB set the motion for hearing. Mr. Marshall appeared at the hearing and was given a limited opportunity to be heard. For the reasons stated below, the Court finds that the CEB did not observe the essential requirements of law and its administrative findings and judgment are not supported by competent, substantial evidence. The County argues that it did not have jurisdiction to hear the Marshalls' Motion to Reduce Fines because they had previously heard and denied the same request in 2006. Despite this position, the CEB held a limited hearing and permitted Mr. Marshall to introduce documents. At the conclusion the following dialogue took place: Page3of6 Vice-Chairman Kelly: "Okay. I apologize, Mr. Marshall, but we have denied the motion to reduce the fines, or at least to hear the case." Mr. Marshall: "Which was it?" Vice-Chairman Kelly: "All of the above. Thank you." [Tr. 59-60]. I . If the County was going to hear the Motion, it needed to address all of the factors for mitigation required by statute and its own rules. If the County was going to take the position that it had previously heard and denied the motion,the CEB should not have conducted even a partial hearing and permitted the introduction of documents. The Court disagrees with the County's position that the CEB had no jurisdiction to hear the Motion to Reduce because it had heard and denied the motion in 2006. It is clear from the two Motions filed, "Motion to Abate" and"Motion to Reduce",that the Appellants were seeking different remedies. In the first Motion, they asked the County to vacate the order imposing fines, or at least to abate it. In the second Motion, they asked the County to reduce the amount of the i ✓ fines. When the Motion to Abate was denied, no appeal was taken and that Administrative Order is final. It is clear that members of the CEB were frustrated at both hearings because Mr. Marshall continued to argue the merits of his original position. However, because the relief sought in the Motion to Reduce is not the same as the relief sought in the Motion to Abate, the CEB should have conducted a full hearing on the matter. -On remand, the Marshalls will address with the CEB the following factors and how these specific factors should mitigate the fines imposed, and the CEB's decision shall address each factor with specific findings: 1) the gravity of the violation; 2) actions taken by the Marshalls to correct the violation; 3) whether there were previous violations committed by the Marshalls; 4) the cost to the Marshalls to correct the violations; 5)the reasonable time necessary to correct the Page 4 of 6 violations; 6) the value of the real estate compared to the amount of the fines/liens; 7) any hardship the fines/liens would cause to the Marshalls; 8) the time and cost incurred by Code Enforcement to have the violation corrected; and 9) any other equitable factors which would make the requested mitigation appropriate. It should be noted that"actions taken by the Marshalls to correct the violation" is a factor to be considered in the CEB's overall decision. §162.09, Fla. Stat. does not impose an automatic bar to relief for failure to correct the violation. It should also be noted that "any other equitable factors" do not include the question of whether there was actually a violation to begin with. As the Court stated earlier,that decision has been made and it is final. Regarding Appellants' argument that §162.09 is facially unconstitutional, the Court declines to make that analysis. Appellants' argument, in essence, is that the CEB violated his due process rights when it entered the May 5, 2006 order imposing the fines without notice and an opportunity to be heard, citing Massey v. Charlotte County, 842 So.2d 142 Fla. ( 2d DCA 2003)_ Appellants did not appeal the May 5, 2006 decision, and now attempt to attack it eight years later with a facial constitutional challenge. Appellants remedy was to challenge any perceived due process violations at the time the decision was rendered. IT IS. THEREFORE, ORDERED AND ADJUDGED that the October 22, 2009 Order denying Appellants' Motion to Reduce is REVERSED, and this matter is,REMANDED to the Code Enforcement Board to conduct a hearing in accordance with this opinion. DONE AND ORDERED in Chambers, Naples, Collier County, Florida this/fday of May, 2014. . Daniel R. aco enio G -cui . : ='"„f cc:Per service list attached hereto Page 5 of 6 CERTIFICATE OF SERVICE C - CASE NO: 09-CA-10182 I HEREBY CERTIFY that on this/11, day of MAY, 2014, a copy of the foregoing was furnished to the following parties by first class U.S. Mail: ,TAMES C. MARSHALL AND SHERRY MARSHALL • /3241 SW 104 CT MIAMI,FL 333165 JAMES C. MARSHALL AND SHERRY MARSHALL Y 130 CRAGFONT ROAD CASTALIAN SPRINGS, TN 37031 OFFICE OF THE COUNTY ATTORNEY C/O KEVIN NOELL, ESQ 3299 E. TAMIAMI TRAIL, SUITE 800 NAPLES, FL 34112 CODE ENFORCEMENT BOARD M. JEAN RAWSON, ESQ. ,/ 400 FIFTH AVENUE SOUTH, SUITE 300 NAPLES,FL 34102 • • Page6of6 • copy IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA JAMES C.MARSHALL, and CASE NO: 05-1110CA SHERRY MARSHALL, Petitioners, VS. no P G c.. COLLIER COUNTY CODE ENFORCEMENT BOARD, Tr 471 "ok Respondent. g; ORDER DENYING PETITION OR WRIT OF CERTIORARI tot f c..a THIS CAUSE comes before the Court on Petitioners'"Petition for Review of Administrative Order" fled on June 30,2005 and on their"Amended Petition"filed on September 28,2005,which the Court will treat as a Petition for Writ of Certiorari filed pursuant to Fla. R. App.P. 9,030(c)(3). Being otherwise fully advised,the Court fords as follows: 1. It appears that Petitioners were building a residential structure on their real property located in Collier County,Florida pursuant to a building permit issued by the County in 1986. On or about December 31,2004,the Code Enforcement Department of Collier County,Florida issued a"Notice of Ordinance Violation and Order to Correct"to Petitioners. The violation indicated that the semi-built residential structure had not been inspected in over 18 years,the property had been"deemed abandoned" and the 1986 permit needed to be reissued or a new permit needed to be obtained. In addition,the violation noted that"numerous wooden sheds" had been built on the property without building permits, 2. A hearing on the violation was held before the Collier County Code Enforcement Board(CEB)on March 30,2005. On April 5,2005,the CEB rendered an Order finding that the APPENDIX "B" Appellee's Answer Brief C COLLIER COUNTY .l of 42 violations existed and ordering Petitioners to comply with the applicable County building permit requirements. Petitioners filed a motion for rehearing on April 25,2005. A hearing on the .motion was held on May 26,2005. On June 1,2005,the CEB issued an"Order on Motion for Re-Hearing" Petitioners requested a second hearing on the motion,which was held on June 23, 2005. On June 27,2005.the CEB issued a second"Order on Motion for Re-Hearing" The instant Petition seeks certiorari review of the CEB's April 5,2005 Order. 3. The applicable standard of review by a circuit court of an administrative agency decision is limited to: (1)whether procedural due process was accorded; (2)whether the essential requirements of law have been observed; and(3)whether the administrative findings and judgment are supported by competent substantial evidence. The court is not entitled to reweigh the evidence,to reevaluate the credibility of the evidence,or to substitute its judgment for that of the agency. See Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla. 1995). 4. Petitioners raise three grounds for relief in their Amended Petition. Based on the record, it appears that their claims stem from their belief that their 1986 building permit vested them with legal rights under the ordinances and codes in effect at that time and that those rights continue in,perpetuity despite the passage of the 1991 Land Development Code(LDC)and the cancellation of their permit in 1992. Notably,Petitioners cite no legal authority for this position. 5. First,Petitioners allege they were deprived of their"fundamental due process"rights. • They argue that their defense to the code violation"is based upon a conflict with the sections of the code the Petitioners are alleged to have violated and the provisions of several sections of the Collier County Code of Laws and Ordindances [sic]." Petitioners argue that the County Manager is charged with replying to citizen requests for interpretations of the LDC. Therefore,because 2 COLLIER COUNTY 2 of•42 their case involved an alleged conflict among various sections of the code and they had requested an interpretation of the code from the County Manager,the CEB "did not have the jurisdiction to resolve"the issue. Accordingly,Petitioners claim they were deprived of their"right to due process"because they were unable to properly present their defense to the CEB at the March 30, 2005 hearing, • 6, Petitioners have not cited any legal authority for the proposition that their request for an interpretation of the LDC stripped the CEB of jurisdiction over the code violation proceedings. In fact,the record reflects that Petitioners raised this argument before the CEB at the March 30,2005 hearing and the CEB noted that the Petitioners' claim might properly be resolved by the court system and, in any event,any conflicts in the code would not have any bearing on the permit violation issue to be addressed at the hearing. See attached copy of March 30,-2005 transcript,page 30. Notably,Petitioners do not allege that they were not provided notice or the opportunity to be heard at the hearing. The Court finds that the CEB did not depart from the essential requirements of law or deny Petitioners their right to procedural due process by holding a hearing on March 30,2005 or by rendering its April 5,2005 Order despite Petitioners' request for an interpretation of the LDC. 7. Second,Petitioners allege that the CEB did not follow the essential requirements of law when it"refused to consider that.the Petitioner's [sic]right for their residence to exist beyond the expiration or cancellation date of their 1986 permit was not expressly prohibited by the 1986 code and that the Petitioner's [sic] right under the 1986 code remained unaffected pursuant to the provisions of Sec. 1-9 and 9.03.02 A,C of the 1991 LDC." In support of their claim,Petitioners cite Sec.9.03.01.C, entitled "Vested Projects,"which states that"nothing in 3 COLLIER COUNTY 3 of 42 • the LDC shall be deemed to require a change in plans,construction or designated use of a building or property on which a building permit has been applied for prior to the effective date of adoption of relevant amendment of the LDC." 8. The required departure from the essential requirements of law means"an inherent illegality or irregularity,an abuse of judicial power, an act of tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice. The writ of certiorari properly issues to correct essential illegality but not legal error." Sams v. St. Johns County Code Enforcement Bd, 712 So. 2d 446(Fla. 5th DCA 1998). 9. Pursuant to the language of Sec.9.03.01.0,the provision pertains to property owners who applied for permits prior to the adoption of an amendment to the LDC. It would not apply to a situation, as in the instant case,where a property owner does not have any building permits for the subject property and has not applied for them. Accordingly,the Court finds that the CEB's actions and findings did not violate the essential requirements of law. 10. Third,Petitioners claim there"is no substantial,competent evidence to support the CEB's findings that(1)the 1991 LDC was applicable retroactively to the Petitioner's[sic] 1986 building permit,and(2)the Petitioners committed an act which violated the 1991 LDC." However, contrary to Petitioners' claim,the CEB's April 5,2005 Order did not find that the 1991 LDC applied retroactively to the Petitioners' 1986 building permit. Instead,the CEB found that the Petitioners' did not have the requisite building permits for the structures located on their property and that their permit, issued in 1986,had expired. Specifically, the CEB's Order found that Petitioners' lack of permits violated"Section 104.5.1.4 of the Florida Building Code as amended by Collier County Ordinance 01-01,and Sections 10.02.06(B)(1)(a)and 4 COLLIEa COUNTY 4 of 42 9 • , y f C 10.02.06(B)(1)(d)of Ordinance 91-102, as amended,codified as the Land Development Code." 11. The evidence presented at the March30,2005 healing included testimony by Collier County Code Enforcement Officer Jeff Letourneau,who testified that he went to the property after receiving a complaint about it and discovered that the primary residential structure was incomplete. He further stated that the permit for the structure expired on November 3, 1992 due to inactivity and the property had not been inspected and a certificate of occupancy had not been . issued. In addition, he testified that there were never any permits for the wooden sheds located on the property. See attached copy of March 30,2005 transcript,pages 37,49. Accordingly,the Court finds that there is competent, substantial evidence to support the findings of the CEB. Therefore,it.is ORDERED AND ADJUDGED that the Petition for Writ of Certiorari is DENIED. DONE AND ORDERED in Chambers at Naples, Collier County, Florida,this .2-.day of 2Q07. e thia A.EIlis-Circuit Judge CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above Order has been furnished to James and Sherry Marshall,3241 S.W. 104 Ct.,Miami,FL 33165;James and Sherry Marshall, 975 Red River Road,Gallatin,TN 37066;Leonardo Bonanno,Collier County Code Enforcement Board,2800 N.Horseshoe Drive,Naples,FL 34101;Steven D. Griffin,Assistant County Attorney,3301 E.Tamiami Trail,Naples,FL 34112-4902;and Court Administration Office(VI), 1700 Monroe Street,Fort Myers,FL 33901;this day of ,2007, DWIGHT E. BROCK Clerk of Court By: Deputy Clerk 5 C COLLIER COUNTY 5 of 42 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327 July 18, 2014 CASE NO.: 2D14-3204 L.T. No. : CEB-2004-72 James C. Marshall & Sherry Marshall v. Collier County Code Enforcement Board Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: Within 10 days of the date of this order, petitioners shall supplement the appendix to the petition for writ of certiorari with a complete copy of the circuit court opinion and attachments contained in appendix 11. This court notes that the version of appendix 11 filed in this court on July 7, 2014, is missing pages. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Collier County Code Enforcement James C. Marshall Sherry Marshall Dwight E. Brock, Clerk td 76-c.c(s--F-31 gira n DivTRSC? }'r\ James Birkhold ..,%( r"= Clerk r \�.,... ±:-. OP fLO CODE ENFORCEMNT—COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Plaintiff Vs. Case: 2002120972 JAMES C. & SHERRY MARSHALL, Respondent(s) MOTION FOR CONTINUANCE, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR SUBPOENA(S) Respondents do move for a Continuance of the July 24, 2014 hearing, Production of documents in the custody and control of Collier County and issuance of two [2] Subpoenas and as ground do state: 1. The June 13, 2014 Circuit Court which remanded this case subsequent to the Respondents' appeal is being reviewed by the Second District Court of Appeal 2. The Respondents' appearance and participation in any CEB hearing on remand while the scope of that hearing is the subject to review by their current Petition for Certiorari in the Second District Court of Appeal would constitute a waiver of their opposition to the scope of the hearing ordered by the Circuit Court to be held on remand. The Respondents will not appear July 24, 2014. 3. The time frame within which the "Board" notices the Respondents' hearing is neither at a meaningful time nor a meaningful manner to satisfy the constitutional requirements of due process. Wherefore the Respondents respectfully request that a continuance be GRANTED until after the Second District Court of Appeal concludes its review of the Respondents' Petition for Certiorari. In the alternative the Respondents respectfully request the case be withdrawn from the July 24, 2014 CEB agenda. REQUEST FOR PRODUCTION 1. Respondents request a copy of the County's Composite Exhibit B entered into evidence at the March 30, 2005 CEB hearing. The Respondents appeared telephonically and have never received a copy of this document. 2. Respondents request a copy of the approved blueprints [or copy of microfilm] for which Collier County issued the Respondents permit #86-2791. SUBPOENAS 1. Florida Statutes 162.08(2) empowers the Code Enforcement Board to "subpoena alleged violators and witnesses to its hearings. Subpoenas may be served by the sheriff of the county of the police department of the municipality." 2. Respondents will need to subpoena witnesses to testify before the Board. 3. Respondents request written instructions as to the procedure and notice requirements to subpoena witnesses to testify before the Board. Wherefore, the Respondents respectfully request that a continuance be GRANTED until after the Second District Court of Appeal concludes its review of the Respondents' Petition for Certiorari, the County produces the documents requested by the Respondents' and issue subpoenas for the Respondents' witnesses to testify at the hearing on remand. In the alternative, the Respondents respectfully request the case be withdrawn from the July 24, 2014 CEB agenda. Respectfully submitted, James C. Marshall Sherry Marshall CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served this 17th day of July, 2014 via U.S. Mail and electronically to: Teresa Tooley, Collier County Code Enforcement Board, 2800 North Horseshoe Drive, Naples, Florida 34104 By: James C. Marshall Sherry Marshall 3241 S.W. 104 Ct. Miami, Florida 33165 305-226-7406 615-522-7654 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327 July 10, 2014 CASE NO.: 2D14-3204 L.T. No. : CEB-2004-72 James C. Marshall & v. Collier County Code Sherry Marshall Enforcement Board Appellant/ Petitioner(s), Appellee/ Respondent(s). BY ORDER OF THE COURT: This petition has been filed without a filing fee required by section 35.22(3), Florida Statutes (2012). Petitioners shall forward the required $300.00 filing fee or, if applicable, an affidavit of insolvency in conformity with the requirements of chapter 57, Florida rr Statutes (2012), to this court within twenty days from the date of this order. If this court does not receive either of the above within the prescribed time, this petition may be subject to dismissal without further notice. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sherry Marshall James C. Marshall Collier County Code Enforce. Dwight E. Brock, Clerk meta[zi$ girakt rs.i ti[i.Y 3 James Birkhold V`�' Clerk C OLKj: 1(1°lam DISTRICT COURT OF APPEAL SECOND DISTRICT 1005 E.MEMORIAL BOULEVARD LAKELAND,FLORIDA 33801-0327 (863)-499-2290 ACKNOWLEDGMENT OF NEW CASE DATE: July 10,2014 STYLE: JAMES C.MARSHALL& v. COLLIER COUNTY CODE SHERRY MARSHALL ENFORCEMENT BOARD 2DCA#: 2D14-3204 The Second District Court of Appeal has received the Petition reflecting a filing date of 7/10/14 The county of origin is Collier. The lower tribunal case number provided is CEB-2004-72 The filing fee is Fee Owed. Case Type: Certiorari Civil The Second District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover,ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. cc: Sherry Marshall James C. Marshall Collier County Code Dwight E. Brock, Clerk Enforce. C