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CEB Backup 06/20/2014 Code Enforcement Board Backup June 20 , 2014 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: JUNE 20,2014 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 COUNTY 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 Tony Marino James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. MAY 22,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 1. CASE NO: CELU20130015799 OWNER: SANDRA AND CARLA SAGE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 2.02.03 AND 1.04.01(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A).THE STORAGE OF SEVERAL RECREATIONAL VEHICLES AND TRAILERS ON THIS PROPERTY NOT IDENTIFIED AS THE PROPERTY OWNERS AND NOT AN ALLOWABLE USE FOR THE AGRICULTURAL ZONING DISTRICT WHERE THE PROPERTY IS LOCATED.A RECREATIONAL VEHICLE IS ALSO BEING USED FOR LIVING PURPOSES. FOLIO NO: 209160709 VIOLATION ADDRESS: 3123 RAVENNA AVE,NAPLES,FL B. Stipulations 2 C. Hearings 1. CASE NO: CESD20140005957 OWNER: YISLEN DE LA 0 AND ROESMEL RUA OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 10.02.06(B)(1)(A), 10.02.06(B)(1)(E),AND 10.02.06(B)(1)(E)(I).BUILDING A REAR DOCK, WITHOUT THE PROPER COLLIER COUNTY PERMITS. FOLIO NO: 36451600007 VIOLATION ADDRESS: 2883 50TH TER SW,NAPLES,FL 2. CASE NO: CESD20140006984 OWNER: BEATRIZ VARONA AND ALEXEIF FALCON OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).UNPERMITTED STRUCTURAL,PLUMBING,AND ELECTRICAL ALTERATIONS IN RELATION TO A MARIJUANA GROW OPERATION. FOLIO NO: 74411040009 VIOLATION ADDRESS: 3502 SEMINOLE AVE,NAPLES,FL 3. CASE NO: CENA20140006693 OWNER: 4463 EAST TRAIL LLC OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54,ARTICLE VI, SECTION 54-185(D).COLLIER COUNTY PROHIBITED EXOTIC VEGETATION LOCATED UPON AN UNIMPROVED PROPERTY WITHIN A 200 FOOT RADIUS OF AN IMPROVED PROPERTY. FOLIO NO: 393920004 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES,FL 4. CASE NO: CELU20140001165 OWNER: HELEN VALENT OFFICER: INVESTIGATOR COLLEEN CRAWLEY 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 3 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20120002127 OWNER: SERAFIN ORDAZ HERNANDEZ AND SARA DE LA ROSA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).NEW WINDOWS INSTALLED,NEW FRONT DOOR INSTALLED,AN OPENING WAS CREATED FOR THE INSTALLATION OF NEW FRENCH DOORS ON THE SIDE.ALSO,A PERMITTED DOOR OPENING WAS BOARDED OVER,THE SOFFIT WAS REPLACED,PLYWOOD FLOORING REPLACED THROUGHOUT HOUSE AND INTERIOR FRAMING WAS REMOVED AND REPLACED WITH NEW 2 X 4S ALL WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED. FOLIO NO: 70440001 VIOLATION ADDRESS: 3200 WESTCLOX ST,IMMOKALEE,FL 2. CASE NO: CEPM20130019061 OWNER: SIDNEY JOHN HUBSCHMAN OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE,SECTION 22- 231(15).PRIVATE SWIMMING POOL NOT BEING MAINTAINED CREATING AN UNHEALTHY CONDITION. FOLIO NO: 30550000054 VIOLATION ADDRESS: 2600 COACH HOUSE LN,NAPLES,FL 3. CASE NO: CESD20120006666 OWNER: REAL EST HOLDINGS OF TIENDA MEXICANA INC OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).A SCREEN ENCLOSURE WITH A SINK,OPEN FREEZERS WITH ELECTRIC AND UP RIGHT DOOR REFRIGERATION COOLERS WITH ELECTRIC AND A COUNTER SPACE ATTACHED TO THE OFFICE ALL INSTALLED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY LAND DEVELOPMENT CODE.ALSO(4)EXPIRED PERMITS 2011020704,2011020699,2004110460, 920013727. FOLIO NO: 00131360004 VIOLATION ADDRESS: 217 N 15TH ST,IMMOKALEE,FL 4 4. CASE NO: CEPM20140000021 OWNER: TERESITA PINO OFFICER: INVESTIGATOR JOHN SANTAFEMIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE VI,PROPERTY MAINTENANCE CODE, SECTION 22- 242.UNSECURE VACANT STRUCTURE CREATING A NUISANCE. FOLIO NO: 36615400001 VIOLATION ADDRESS: 4261 1ST AVE SW,NAPLES,FL 5. CASE NO: CESD20130001292 OWNER: CHRISTOPHER S.ESENBERG OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(I)(A).ADDITION/ALTERATIONS MADE TO STRUCTURE WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 47871280009 VIOLATION ADDRESS: 3315 GUILFORD RD,NAPLES, FL 6. CASE NO: CESD20120015571 OWNER: GERI BRADLEY OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(I)(A).A PARTIALLY CONSTRUCTED HOME WITHOUT COMPLETED COLLIER COUNTY BUILDING PERMITS,INSPECTIONS,AND CERTIFICATE OF COMPLETION/ OCCUPANCY. FOLIO NO: 39020880006 VIOLATION ADDRESS: 5220 40th ST NE,NAPLES,FL 7. CASE NO: CESD20120015319 OWNER: SOUTHWEST FLORIDA RENTALS LLC OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).PERMIT NUMBER 20120203549 FOR INTERIOR REMODELING UNIT B EXPIRED WITHOUT COLLIER COUNTY PERMIT.ALSO INTERIOR REMODELING OF UNIT A BEING CONDUCTED WITHOUT FIRST APPLYING FOR COLLIER COUNTY BUILDING PERMIT. FOLIO NO: 48783840002 VIOLATION ADDRESS: 8085 BAYSHORE DR,NAPLES,FL 8. CASE NO: CESD20130008710 OWNER: ALFRED DIAZ OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION I0.02.06(B)(1)(A).AN UNPERMITTED ROOM ADDITION THAT WAS CONSTRUCTED BETWEEN 2004 AND 2005. FOLIO NO: 29280440005 VIOLATION ADDRESS: 2648 VAN BUREN AVE,NAPLES,FL 5 9. CASE NO: CESD20130006171 OWNER: IRIS LABRIE OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).PERMIT PRBD20120101674 EXPIRED WITHOUT OBTAINING CERTIFICATE OF COMPLETION. FOLIO NO: 55901120005 VIOLATION ADDRESS: 266 6TH ST W,BONITA SPRINGS,FL 10. CASE NO: CESD2013001 1211 OWNER: RAFAEL BARRIOS MONTERO,TOMAS B AVILA REYES,& RICARDO ABRIL OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1XA)AND THE 2010 FLORIDA BUILDING CODE,CHAPTER 1,SECTION 105.1. A SHED,FENCE,AND TWO ALUMINUM STRUCTURES BUILT IN THE REAR YARD WITHOUT FIRST OBTAINING ALL REQUIRED PERMITS. FOLIO NO: 37347080002 VIOLATION ADDRESS: 1281 25TH ST SW,NAPLES,FL 11. CASE NO: CESD20130015849 OWNER: CLETUS W.&VIRGINIA D.TIGNER, &NANCY WILLIAMS OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).WINDOWS REPLACED ON THE MOBILE HOME ADDITION WITHOUT VALID COLLIER COUNTY PERMITS. FOLIO NO: 60583400002 VIOLATION ADDRESS: 59 MOORHEAD MANOR,NAPLES,FL 12. CASE NO: CESD20140004169 OWNER: MANUEL LORENZO OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).MODIFIED GROW HOUSE WITH GARAGE DESTROYED BY FIRE. FOLIO NO: 37696560008 VIOLATION ADDRESS: 2620 2ND ST NE,NAPLES,FL 13. CASE NO: CESD20130014562 OWNER: ROBERT A.&BEVERLY J.HEMPHILL OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).METAL 8 X 8 SHED(S)WITH UNPERMITTED PLUMBING AND ELECTRICAL FACILITIES FOR LAUNDRY AND OTHER USES. FOLIO NO: 55851360009 VIOLATION ADDRESS: 222 1ST ST,BONITA SPRINGS,FL 6 14. CASE NO: CESD20130003068 OWNER: KENNETH ALAN BLAKE&DOROTHY R. BLAKE OFFICER: INVESTIGATOR JAMES DAVIS VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).DID WITNESS A SCREEN ROOM WHICH WAS CONVERTED INTO A FULLY ENCLOSED LIVING SPACE WITHOUT THE REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 45847720003 VIOLATION ADDRESS: 1391 11TH ST SW,NAPLES,FL 15. CASE NO: CESD20120015628 OWNER: FABRICIO&ALLISON J.FERNANDEZ OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).UNPERMITTED SHED/CABANA TYPE STRUCTURE IN BACKYARD AT THIS LOCATION. FOLIO NO: 36457240005 VIOLATION ADDRESS: 5472 32ND AVE SW,NAPLES,FL 16. CASE NO: CELU20130015799 OWNER: SANDRA AND CARLA SAGE OFFICER: INVESTIGATOR CHRISTOPHER AMBACH VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 2.02.03 AND 1.04.01(A)AND COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III,SECTION 130-96(A).THE STORAGE OF SEVERAL RECREATIONAL VEHICLES AND TRAILERS ON THIS PROPERTY NOT IDENTIFIED AS THE PROPERTY OWNERS AND NOT AN ALLOWABLE USE FOR THE AGRICULTURAL ZONING DISTRICT WHERE THE PROPERTY IS LOCATED.A RECREATIONAL VEHICLE IS ALSO BEING USED FOR LIVING PURPOSES. FOLIO NO: 209160709 VIOLATION ADDRESS: 3123 RAVENNA AVE,NAPLES,FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order 1. CASE NO: CELU20100004523 OWNER: SILVER LAKES PROPERTY OWNERS ASSN OF COLLIER COUNTY,INC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.03(B)(5).AN OPEN STORAGE AREA BEING UTILIZED AT SILVER LAKES RV RESORT WITHOUT FIRST OBTAINING A SITE DEVELOPMENT PLAN FOR THIS USE. FOLIO NO: 73625009662 VIOLATION ADDRESS: 1001 SILVER LAKES BLVD,NAPLES,FL 7 D. Motion to Amend Previously Issued Order E. Special Hearing 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 OF THE FLORIDA BUILDING CODE,AS AMENDED BY COLLIER COUNTY ORDINANCE 02-01,AND SECTION 10.02.06(B)(l)(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 HOUSE THAT WAS SEMI-BUILT 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 A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS A. Update on the status of Code Enforcement Board member Tony Marino 11. NEXT MEETING DATE- JULY 24,2014 12. ADJOURN 8 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20130015799 Hearing Date: 6/20/14 Board of County Commissioners vs. Sandra & Carla Sage Violation(s): Collier County Land Development Code 04-41 as amended, Sections 2.02.03 and 1.04.01(a) and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a). Location: 3123 Ravenna Ave, Naples, FL; Folio 209160709 Description: The storage of several recreational vehicles and trailers on this property not identified as the property owners and not an allowable use for the agricultural zoning district where the property is located. A recreational vehicle is also being used for living purposes. 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 3605, for more information. The violation has been partially abated as of May 29, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Order Item 2: Fines have accrued at a rate of$200.00 per day for the period between May 29, 2014 to June 20, 2014 (23 days) for a total fine amount of$ 4, 600.00. 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: $4,727.48 TooleyTeresa From: Carla Sage [sagec4l @yahoo.comj ent: Thursday, May 29, 2014 3:28 PM .o: TooleyTeresa; AdamsKerry Cc: Carla Sage Subject: Request for extention re: CELU20130015799 Follow Up Flag: Follow up Flag Status: Flagged Dear Kerry Adams and Teresa Tooley, As per our conversation and Christopher Ambach's inspection of the property; I am emailing you a request for an extention of time regarding CELU20130015799. Only two of the vessels remain on the property as of midnight May 28, 2014. All others have been safely and timely moved; although there are two vessels remaining that have issues. #1 The boat I mentioned at the hearing I attended on February 27, 2014 whom the owner has deceased is being sold for the family members that are out of the state. I was notified in early March that our dear friend had passed. This particular boat is not an inexpensive boat and it is taking a while longer to sell to a different financial class of boaters. A close by boat center may be able to take it and sell it on consignment or out right. It would therefore be removed before my children and I are suppose to leave for Alabama on June the 12, 2014. A boat that was to removed has a trailer in need of massive repair to the axle, leaf spring, and hub for the tire. ,;hristopher Ambach has visually seen this axle in need of repair. The materials to repair the trailer and a welder are being sought after at the present time. The length of this boat can not withstand being moved with only three wheels and could create much more extensive damage if not repaired here on site. I am doing my best to move quickly with these last two vessels therefore I am requesting a small amount of time to take care of these issues in a timely and responsible manner before we leave for Alabama. We will be out of town visiting my mother from June 12, 2014 until July 2nd 2014. If it necessary to have the boat trailer repaired while we are gone my neighbor will contact me when the work has been completed and the boat will be removed immediately. I will call Christopher Ambach and notify him immediately at that time. Again I am acting in compliance although two obstacles have hit me along my process of completion and I would sincerely appreciate an extention. I thank you greatly for taking the time to read my email. Respectfully Yours, Carla J. Sage 3123 Ravenna Avenue Naples, FL, 34120 239-200-8225 saqec41@yahoo.com 1 TooleyTeresa From: Carla Sage [sagec41@yahoo.com] Sent: Monday, June 16, 2014 1:00 PM To: TooleyTeresa Subject: RE: Request for extention re: CELU20130015799 I am writing to today as per the notice that was placed on my door last week. We left for Alabama last week and we will be returning July 1st or 2nd. Our air conditioner was out for almost one week and it was 89° for a week. We left a couple days early. I am asking to be permitted to not be present for hearing on June 20th. The boats will be moved as soon as I return. The deceased owner's boat is going to Marina Mikes and the boat that is being repaired will be going to storage facilty. Please take into consideration....I have had numerous obstacles in my way repeatedly. The internet service is horrible here unless I lean over the back deck but I do check my email when I can get signal. Thank you for your attention to this matter. Sincerely Carla Sage On Thu, May 29, 2014 3:38 PM EDT TooleyTeresa wrote: >Hello Carla, >I am sending this email to confirm receipt of the message below. However, please note that it is in your best interest to include a specific amount of time, such as a calendar date, that you would like your time extension for. >Thank you, >Teresa Tooley >Administrative Secretary >Phone: 239-252-5892 >TeresaTooley@Colliergov.net<mailto:TeresaTooleyya,Colliergov.net> >Growth Management Division >Collier County Code Enforcement >2800 N. Horseshoe Drive >Naples, FL 34104 >From: Carla Sage [mailto:sagec41@ayahoo.com] >Sent: Thursday, May 29, 2014 3:28 PM >To: TooleyTeresa; AdamsKerry >Cc: Carla Sage >Subject: Request for extention re: CELU20130015799 1 INSTR 4958301 OR 5018 PG 3605 RECORDED 3/21/2014 9:36 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CELU20130015799 vs. SANDRA SAGE AND CARLA SAGE, Respondents, FINDINGS,O.F-FACT-CONCLUSIONS OF L/�1'1fANl1'( t[7ER OF 1=I BOARD THIS CAUSE came on for public he'rkebe o e the Board on Feb k7;1014,and the Board,having heard testimony under oath,received evid nce„and heard rd respective to all ap opria a matters,thereupon issues its Findings of Fact,Conclusions of wL nd�1? f the-Board„gs`follows. 1. That Sandra Sage and C is ee "1 e erty\\\. ff 2. That the Respondents It i d qh ,"�ite hing b ce�-tifi44 it and by posting and the Code Enforcement Board has jurisdicti �.e thi atter. /,. // 3. The Respondents,having e `Hilly notified,appearedA be 4iaring and entered into a Stipulation. 4. That the real property located' -11aznna Avenue,ale Florida 34120,Folio 209160709,more particularly described as the East'A of the rtlt . t-%-of-the- c1n�tliy�?c t 1/4 of the Southwest'/.of the Northwest'A of Section 36,Township 48 South,Range 26"Easlts t oltt11° O'feet for ingress and egress,said land lying, being and situated in Collier County,Florida,is in violaa Vo Ordinance 04-41,as amended,the Collier County Land Development Code,Section 2.02.03 and 1.04.01(A)and Collier County Code of Laws and Ordinances, Chapter 130,Article III,Section 130-96(A)in the following particulars: The storage of several recreational vehicles and trailers on this property not identified as the property owners and not an allowable use for the Agricultural zoning district where the property is located. A recreational vehicle is also being used for living purposes. 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,Section 2.02.03 and 1.04.01(A)and Collier County Code of Laws and Ordinances,Chapter 130,Article III,Section 130-96(A). oR 5018 PG 3606 2. Respondents must abate the violation by ceasing and desisting the use of AG zoned property as storage for recreational vehicles and trailers not owned by the property owner/occupants and removing to a place intended for such storage use within 90 days(May 28,2014)or a fine of$200.00 per day will be imposed for each day the violation remains thereafter. 3. Respondents must abate the violation by ceasing and desisting the use of the recreational vehicle for living,sleeping or housekeeping purposes within 90 days(May 28,2014)or a fine of$200.00 per day will be imposed for each day the violation remains thereafter. 3. 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. 4. 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). 5. 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 I t at Collier County,Florida. /( / Co I!' FO'+.F 4ENT BOARD OLLIER rorl..Y, ►'4 DA 7 ice. f * 3 ► �y s''oe Drive )' J 34 STATE OF FLORIDA ) )SS: .,, //Thi COUNTY OF COLLIER) 't O r / The for oing instrument was acknowl g€ re me this I Aa ± O.(C.' 2014 Robert Kaufman,Chair of the Cod' c ent-B s. ot. a11•Ier County,Florida,who is personally known to me or who h e riveK's -icense as identification. — ��afific-. KAREN G BAILEY NOTA• PUBLIC =•i %��) :K MY COMMISSION#EE875121 My commission expires: �+r• = EXPIRES February 14,2017 407,,,,,∎15] FfortdoNote Se,Ace can PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order 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 ,Cour f COLLIER !pry .... RD0 IHRRE6Y CEITIFY THAT this is s true and cor ePL co"p�'of..a(Zocument on file i c t1oard Minis arr4jRecords of Coli.er County TNESS 11a and official sea this 1Rht31•Q ROCK,CLERK OF COURTS OR 5018 PG 3607 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent b U.S.Mail to Sandra Sage and Carla Sage,3123 Ravenna Avenue,Nap11;s,FL 34120 this I l day of Oa r ,2014. M.Jea awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 -Napt s;hl rids 34102 /ftc j - \ t� f r *** OR 5018 PG 3608 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CELU20130015799 Sandra and Carla Sage Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,(ailc S-st, 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 CELU201 u0015799 dated the 6th day of November, 2013. In consideration of the disposition and r solu ion of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for a�ow ?oil! ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick ancL.expeditious resolution of the matters outlined therein the parties hereto agree as follows: -vER CQ6_ 1) The violations noted in the referent t e o iota i r� curate and I stipulate to their existence. -THEREFORE, it is agreed between t par�(es-tk� he Responder ha(li\ 1) Pay operational costs in the am ( --vt��Vf 'c�r�r- ' . he pros cution of this case within 30 days of this hearing. (� ' 0) VI 1 1 � 2) Abate all violations by: ( t; 1 0 CA .Cease and desist use of oned property as tors'a fin,a creational vehicles and trailers not c70 owned by the property owner/ paVants and removed a la�eA.„2 ended for such storage use within days of the date of this hearing e,,of:$auo.°per imposed until the violation is abate . 2.Cease using recreational vehicle f or'''---I I CO, - usekee in e �.yio p' g purposes withiry days of e date of this hearing or a fine of 4,703. �a daffy w i11 t5ee 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 shat 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 enfoyeee-he provis'6 s of this agreement and all costs of abatement shall be assessed to the property OW r. 4 Respondent • Re 'r- a t-s.ive (sign) Jeff V��Director )(/ Code Enforcement Department -e,�/a `d q �, ii;7//c( -spondent or R-presentativ-4print) ate t 2 I H Date REV 12/3013 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20130015799 ,-, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SAGE,SANDRA CARLA SAGE,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 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 Cease all prohibited outside storage of recreational vehicles, trailers and remove RV being used for living and sleeping purposes as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5018 PG 3605 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 29th 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: Two boat trailers did not have current tags and remain on the --� property being stored illegally. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of June, 2014. COLiIER C9UNTY,FLORIDA ODE ENFORCEMENT BO•RD / _E EE. \ehr-is-t1Dpher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 2f) Sworn to(or affirmed)and subscribed before me this 3 --day of 3- ,�.Q,. ,2014 by Christopher Ambach ell C 4 .i ,., . A EE( t ,,G-, ignature of Notary Public) °`;',..°B,% SHIRLEY GARCIA I _A 4, MY COMMISSION#FF 075053 „, " ,f, EXPIRES:December 21,2017 (Print/Type/Starnp Commissioned'1<feme of P1t O)Services Personally known COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20130015799 ,---, COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SAGE, SANDRA CARLA SAGE,Defendant(s) AFFIDAVIT OF PARTIAL-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on 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 Cease all prohibited outside storage of recreational vehicles, trailers and remove RV being used for living and sleeping purposes as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5018 PG 3605 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 29th 2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was in compliance with the following conditions: Ceasing and desisting the use of the recreational vehicle for sleeping or housekeeping purposes FURTHER AFFIANT SAYETH NOT. DATED this 10TH day of June, 2014. COLLI R'C"OIDNTY,FLORIDA CODE ENFORCEMENT BOA' P Christopher Ambac Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER A Sworn to(or affirmed)and subscribed before me this 0 day of J, ,2014 by Christopher Ambach (Signature of Notary Public) 2''s"RY-P.°e<% TERESA TOOLEY * ;, s * MY COMMISSION#FF 069279 ". 113 , EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) fOFF��' Bonded TAru Budget Notary Services Personally known-V CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. SANDRA & CARLA SAGE Inv. Christopher Ambach Department Case No. CELU20130015799 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(AddI 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 CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20140005957 Board of County Commissioners, Collier County, Florida Vs. De La O. Yislen and Roesmel Rua Violation of the 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) Joseph Giannone, Code Enforcement Official Department Case No. CESD20140005957 DESCRIPTION OF VIOLATION: Building of a rear dock, without the proper Collier County Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. 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 CESD20140005957 De La O. Yislen, and Roesmel Rua, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Roesmel Rua, on behalf of himself and as representative for De La O. Yislen, and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20140005957 dated the 25th day of March, 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 June 20th, 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 $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 120 days of this hearing or a fine of$200.00 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 Res ent fails to abate the violation the County may abate the violation using any method to bring the *olati into compliance and may use the assistance of the Collier County Sheriff's Office to enforc he pro isions of this ar r--ment and all costs of abatement shall be assessed to the property owner. /,. Respondent or;'ep (sign) For Jeff fight, Director Co Enforcement De artment ; 1 A r C/17 14 Respondent or Representative (print) Date J '-f' /I ' I Date REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20140005957 DE LA 0, Yislen and Roesmel RUA,Respondent(4. 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 the 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) 2. Description of Violation,Building a rear dock,without the proper Collier County Permits. . 3. Location/address where violation exists:2883 50th Terr SW, Naples FL 34116, Folio#36451600007 4. Name and address of owner/person in charge of violation location: DE LA 0, Yisel and Roesmel RUA, 2883 50t Terr SW Naples FL 34116 5. Date violation first observed: January 21st,2014 n 6. Date owner/person in charge given Notice of Violation: March 29th, 2014 7. Date on/by which violation to be corrected: April 16th,2014 8. Date of re-inspection:Junel5th'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, day of314; 2014 , eph Giannone ode Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before thib day of .:11,`'v ' ,2014 by TO }t ot—A C a n,��,1 (Signature of No ry Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known L or produced identificatiori\'0'PARY PUT-11 OF FLORIDA Type of identification produced °r %cTns EE00376 10 ''0_ 3n :; ■-;,, lac. REV 1-2-13 Case Number:CESD20140005957 Date: March 25,2014 Investigator: Joseph Giannone Phone:2392522492 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DE LA O, YISLEN and ROESMEL RUA 2883 50TH TER SW NAPLES, FL 34116- Location: 2883 50th TER SW Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 7 BLK 260 LOT 1 Folio: 36451600007 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) 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) 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) 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... : 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 : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s)of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A dock built and exterior lighting installed without Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits; inspections; and certificates of completion/occupancy required for described structure/improvements AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 04/16/2014 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 ig ��1�,�``�, 2800 North Horseshoe Dr, Naples, FL 34104 I eitigator Signature Phone:239 252-2440 FAX:239 252-2343 os ph Giannone 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. a to is cn • . ril a - yZ N3 D 7 ° >o (71 o z z, mm -� O ^ % 0- CI a tD ? 73 CD .,IA t`)``. N -•,to m j m CI) 9dO 0 � oogow a 4 co So c 3 -Tl I --< .A °. =a-, m n 3 •V n r— --1 � p -)°caai a ... a iv o ro j z; �� om m g co� 7J mcn ; - ��a x , CCn 2!ZCTi m ° 0y W y O) C N `J 3 ^ r' m to TQz 5omo 'n -..1 N OO @NO O' o D 0 w = � a3 Z. o• W 0) 0 o m �o to o . ru r al N 3 a c: C P 07 X ? 2 • o :23 0 Dr > - ,,3 v; ry JJ -d a a m m .,- UJ ro = Ell, m '°m ` a,.A D m ❑❑❑ o., if z In o a 4` , g O A = � 'Q P . T p4 ry v v -. i m ❑. s m a ,. n o IY D N wn " Ia co S V C7 a ? 1 9f - N ,, a. • r s2 .° 1 • LDC 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... LDC 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 LDC 10.02.06(B)(1)(e)(i) i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). *** INSTR 4943349 OR 5007 PG 1693 E-RECORDED 2/7/2014 3:06 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoC @.70 $0.70 REC $10.00 Prepared by and return to: Yislen De La 0 2883 506 Terrace SW Naples,Florida 34116 • Consideration: $0 [Space Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this 71 day of February,2014 between Yislen De La 0,a single woman,whose post office address is 2883 50th Terrace SW,Naples,Florida 34116,grantor,and Yislen De La 0,a single woman and Roesmel Rua,a single man,whose post office address is 2883 50th Terrace SW,Naples,Florida 34116,grantee: (Whenever used herein the terms"grantor"and"grantee"include all the parties to this instrument and the heirs,legal representatives,and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth,that said grantor,for and in cons': : i ' ft eil sum"P£ , ,:;. +/100 DOLLARS($10.00)and other good and valuable consideration to said grantor in hafn"t : by said grantee,the re.-iRtw reof is hereby acknowledged,does hereby remise,release,and quitclaim to the said ant- and grantee's heirs and assi••s fo ver,all the right,title,interest,claim and demand which grantor has in and to the p 1lo gh:: ibea'iand-,si' : -,lying. d b •g in Collier County,Florida to-wit: LOT 1, BLOCK 260, GO DE' r -, : ray• • i G O THE MAP OR PLAT �� THEREOF, AS RECORD D t7 I LA l BI OK . ', • i F TH PUBLIC RECORDS OF COLLIER COUNTY,FLO E--r 1 i Parcel Identification No.364 {9'007 .,r1 ` r To Have and to Hold,the same togeth ith 11 and singular the appur .,riaris ereto belonging or in anywise appertaining, and all the estate,right,title,interest,lien,equu. akwhatsoever s tb ,either in law or equity,for the use,benefit and profit of the said grantee forever ' , C11-z-(--)---/ In Witness Whereof,grantor has hereunto set grantor's hand and seal th- ay and year first above written. �ed,sealed and del' —' in our pres- e: co. ocifinkmar , ...t (Seal) Yi en D-V a 0 Witness Na r: -. r 1C M, Uv -( r Witness Name: 'f, -i kne /94•er State of Florida County of Collier . The foregoing instrument was acknowledged before me this 1 day of February,2013 by,Yisen De La 0, who U is personally known or[X]has produced a driver's license as identification.C4' t 411111_ 411P III iv ,. , ,..„.„......,...„....,....,....„k .. ._---A---D- ELENA M.LINDNERf Notary Public a'_7'...................e Wdtary Public-Stale of Florida i= .- Nly Comm.Ex e w► :<s Aires Nov 3,2015 Printed Name: ��F'�(� [•�l I. "., Fro?,,. Commission#EE 143478 i Bonded Through Nahonal Notary Assn My Commission Expires: M IS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CESD20140006984 Beatriz Varona and Alexeif Falcon, 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: Unpermitted structural,plumbing,and electrical alterations in relation to a Marijuana grow operation. 3. Location/address where violation exists: 3502 Seminole Ave Naples,FL 34112 Folio: 74411040009 4. Name and address of owner/person in charge of violation location: Beatriz Varona and Alexeif Falcon 3502 Seminole Ave Naples, FL 34112 5. Date violation first observed: April 09,2014 6. Date owner/person in charge given Notice of Violation: April 09,2014 7. Date on/by which violation to be corrected: May 09,2014 8. Date of re-inspection: May 12,2014 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 12th day of May 2014 fY" - /7 _. W. Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a firmed)and : bscrib d before this1Zday of RAC),2014 by t/J- 1,%_�,2� 1 g azure of Not. Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification tPhY P� Type of identification produced SHIRLEY GARCIA _)% * MY COMMISSION#FF 075053 nn r EXPIRES:December 21,2017 `,ArF of no, Bonded Tire Budget Notary Services REV 12-30-13 Case Number:CESD20140006984 Date: April 09,2014 Investigator: Eric Short Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VARONA, BEATRIZ ALEXEIF FALCON 3502 SEMINOLE AVE NAPLES, FL 34112 Location: 3502 Seminole AVE - Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: SOUTH TAMIAMI HGTS BLK B LOT 14 Folio:74411040009 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: Unpermitted Structural,plumbing, and electrical alterations in relation to a Marijuana grow operation. 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 structures/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 05/09/2014 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 /AL 2800 North Horseshoe Dr, Naples, FL 34104 Investigatorignature 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 deparbnents 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 Valances along with,payment of Impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Code Case Number: CESD20140006984 Respondent(s): VARONA, BEATRIZ ALEXEIF FALCON 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 3502 Seminole AVE, on 04/09/2014(Date),at 2:14pm (Time),and at the X _Collier County Courthouse_Immokalee Courthouse. ignature of Code n orcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to for affirmed)and subscri ed before me this /t day of ring ,2014 by Eric S ort(Name of pers making statement) La 2 ' (Signature of Notary Public of;.•.,°�.� INDIRA RAJAH * � * MY COMMISSION Y EE 126592 ana EXPIRES:December 7,2015 sLe'S' Bonded ThN Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) V Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20140006984 Respondent(s): VARONA, BEATRIZ ALEXEIF FALCON 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 ('Ie 1III1I1III"eII'II"I'IIIJ11.111"jIII"lIIIIIIJi.11.1lll,Ill Case: CESD20140OO6984 Citation Beatriz Alexeif Falcon Varona Notice to Appear 3502 Seminole Ave Code Enforcement Board Evidence Packet Naples, FL 34112 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 3502 SEMINOLE AVE NAPLES, FL 34112, on 4/09/2014 (Date),at 4'54 PM (Time). ha' , RyP(Signature of Code Enforment Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 9th day of April,2014 by Indira Rajah(Name of person making statement) eze, (Signature of Notary Public) Qh40- C'f':.,:143e/c, KIMBERLY BRANDES MY COMMISSION 1 FF 048468 °al EXPIRES:September 17,2017 %eof F��\O' BondedThru swot Notary Smites (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced • Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) B. Building or Land Alteration Permits. 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 *** 3551229 OR: 3726 PG: 0973 *** WARRANTY DEED INDNID.TO O INDNID. RECORDED in OFFICIAL RECORDS of COLLIER COOR4i, FL Return to:(enclosed self-addressed stamped envelope) 02/01/2005 at 09:50AN DNIGH? I. BROCI, CURE Name:Action Title Services CONS 187000.00 Address: 3733 Tamiami Trail North RBC FBI 10.00 Naples,FL 34103 � DOC•,70 1309.00 � This Instrument Prepared by: PRISCILLA GREVE Address: 3733 Tamiami Trail North Retn: Naples,FL 34103 ACTION TITLE CO Property Appraiser's Parcel Identification(Folio)Number(s): PICK 110 74411040009 File No.: 204110136 SPACE ABOVE THIS LINE FOR RECORDING ci Z-00$ This Warranty Deed Made the A ty of E ADD!X■94-by LEOCADIO POW AND ANA POZO, HUSBAND AND WIFE whose post office address is 3502. c€Ih't (-Note_ AV i M R p l.e5 t FL 34112 hereinafter called the grantor,to BEATRIZ VARONA AND ALEXEIF FALCON, WIFE AND HUSBAND whose post office address is 35 Q a. S e_rnI cw f e. A-Lit, J(Pep Ae s r F L 3411 Z. hereinafter called the grantee: (Wherever used herein the terms"grantor"and"grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms unto the grantee all that certain land situate in Collier County,State of Florida,viz: LOT 14,BLOCK B, SOUTH TAMIAMI HEIGHTS,ACCORDING TO THE PLAT THEREOF,OF RECORD IN PLAT BOOK 3,PAGE(S)44,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. Subject To covenants, conditions, restricti n . •ati no s, limitandn�s is and agreements of record, if any; taxes and assessments for the year 2005 and subsequent aa!. .to all applicable zoningls dl s and/or restrictions and prohibitions imposed by governmental authorities,if any, Together, with all the tenements,here tam is taI}d Oppurtt nances-hef ng g or'n anywise appertaining. To Have and to Hold, the same in fee imp orevertt - 7 And the grantor hereby covenants wi sal. gr teef at�th gr or I.• :ly`i of aid land in fee simple;that the grantor has good right and lawful authority to sell and guy s d I �td�,etiby ,` :.is"l e 'tle TO land and will defend the same against the lawful claims of all persons. Cl In Witness Whereof, the said grantor h signed and sealed these presen:.the.<y d.y.i first above written. �, ?i• Signed,sealed and delivered in the presence o ,�_ WITNESSES:(TWO WITNESSES REQUIRED) C,),,,„, r� • (2 Witness Signature k .Signature LEOCADIO POZO Printed Name: �A S L(,,.,(p/' 0,—(-..e v_.e tines 'gnature Signature ANA POZO Printed Name: ulEVERLY GRAY Witness Signature Signature Printed Name: Witness Signature Signature Printed Name: STATE OF 9 COUNTY OF �LL/f.K, 6 �� 0 s The foregoing instrument was acknowledged before me this�d day of by LEOCADIO POZO,AIND ANA POZO,HUSBAND AND WIFE who is/are personally known to me or who has/have produced 4/14.44.4 4.CGw„/ as identification and who did not take an oath. Notary Public,State and County Aforesaid n /1 Notary Signature !l SEAL �� ■_.Alpt •r T Ii 14 GREvE Printed Notary Signature �gUCSCATE° My Commission Expires: 1HOl MISSION t 10. _ MY COMMISSION Vr. Y 2 t COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CENA20140006693 Board of County Commissioners, Collier County, Florida Vs. 4463 East Trail LLC Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(d) David Jones, Code Enforcement Official Department Case No. CENA20140006693 DESCRIPTION OF VIOLATION: Collier County prohibited exotic vegetation located upon an unimproved property within 200' of an improved 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. Must obtain any necessary permits, inspections, and certificate of completion for the removal of all Collier County prohibited exotic vegetation within days of this hearing or pay a fine of$ dollars a day until abated. 2. The prohibited exotic vegetation base/stump must be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within days or a fine of $ per day will be imposed. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CENA20140006693 4463 East Trail LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-185(d) 2. Description of Violation: Collier County prohibited exotic vegetation located upon an unimproved property within a 200' radius of improved property 3. Location/address where violation exists: No site address. Folio 393920004. 4. Name and address of owner/person in charge of violation location: 4463 East Trail LLC, 4001 Tamiami Trail N. Ste. 350.Naples,FL 34103 5. Date violation first observed: April 7th,2014 6. Date owner/person in charge given Notice of Violation: April 8th,2014 7. Date on/by which violation to be corrected: May 8th,2014 8. Date of re-inspection: May 9th,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 13th day of May, 2014 nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER TERESA TOOLEY Sworn to(or affirmed)and subscribed before this 13th day of May ,2014 by * �_� * MY COMMISSION#FF 069279 !I EXPIRES:November 7,2017 rqr OF„eq.,'' 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 1-4-12 Case Number:CENA20140006693 Date:April 08,2014 Investigator: David Jones Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: 4463 EAST TRAIL LLC 4001 TAMIAMI TRL N STE 350 NAPLES, FL 34103- Location: Unincorporated Collier County Zoning Dist: Property Legal Description: 13 50 25 COMM AT SE CNR, N 149.72FT, N39 DEG W1450.65 FT TO POB, N39 DEG W 35FT, N50 DEG E400FT, S39 DEG E 200FT, Folio: 393920004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2,Article IX,you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws and Ordinances Chapter 54, Article VI, Section 54-185(d) d. The accumulation of exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the exotics are located within a 200-foot radius of any improved property located in a recorded or unrecorded subdivision. However,the requirements for abatement of the public nuisance as described in section 554-187 shall only apply to that portion of the unimproved property where the exotics exist within a 200-foot radius of any abutting, improved property. Furthermore,the requirements for abatement of the public nuisance as described in section 54-187 shall only apply when the county received a complaint. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Collier County prohibited exotic vegetation on vacant lot(folio 393920004) located within a 200' radius of an improved property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Removal all Collier County prohibited exotic vegetation that exists within a 200' radius of any abutting, improved property. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base/stump shall be treated with an U.S. Environmental Protection Agency approved herbicide and visual tracer dye applied. ON OR BEFORE: 5/8/2014 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: David Jones INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Invest!._ • •nature Phone: 239 252-2440 FAX:239 252-2343 ). : ones 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 Chance to Site Development Plan,and Variances alona with.payment of impact fees,and any new or outstandina fees reauired for approval. AFFIDAVIT OF MAILING Code Case Number: CENA20140006693 Respondent(s): NOV mailed Regular/Certified#7011 1150 0000 42413116 Case#CENA20140006693 NOV DJ-97 4463 EAST TRAIL LLC 4001 TAMIAMI TRL N STE 350 m ; , NAPLES, FL 34103 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: ru [Check the applicable document(s)] XNotice of Violation Notice of Hearing° k i( � ! Notice of Hearing/Imposition of Fines Citation Case# CENA20140006693 NOV DJ-97 •'� 4463 EAST TRAIL LLC Notice to Appear 4001 TAMIAMI TRL N STE 350 Code Enforcement Board Evidence Packet r- NAPLES, FL 34103 Other: 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 4001 TAMIAMI TRL N STE 350NAPLES,FL 34103 , on April 9,2014, at 10:30Am. (Tomorrow's 8Am Mail-4/10/14) /} (Signature of Code Enfa/cement Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 9th day of April ,2014 by Kimberly Brandes (Name of person making statement) (Signature of"Not , ti 1 c) / *LC. ,Y , v MY C0`IihSSIN rr EX?1RESZ August 2C al 17 tzri.Thru t 3;av Nv:`yrr,:'.'h z (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced, AFFIDAVIT OF POSTING Code Case Number: CENA20140006693 Respondent(s): 4463 EAST TRAIL LLC THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)j XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I David Jones, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at folio 393920004,on 4/8/2014,at 11:00am, and at the_X_Collier County Courthouse Immokalee Courthouse. (Signature e ode Enforcement Official) Davie ones STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this day of ,2014 by David Jones(Name of person making statement) {Signature of Notary Public) / KIMtBFRLY BRANDE'S * Y,PiRtS 35 {1? 'C'.7 G,061,4.134:1 ovary Srmi QS (Print,type or stamp Commissioned Name of — Notary Public) XPersonaily known Produced identification Type of identification produced Sec. 54-185. Declaration of public nuisance (d) The accumulation of Exotics is hereby prohibited and declared to be a public nuisance when located upon any unimproved property in Collier County when the Exotics are located within a two hundred (200) foot radius of any improved property located in a Recorded or Unrecorded Subdivision. However, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply to that portion of the unimproved property where the Exotics exist within a two hundred (200) foot radius of any abutting, improved property. Furthermore, the requirements for abatement of the public nuisance as described in this Ordinance shall only apply when the County receives a complaint. 3586235 OR: 3763 PG: 3927 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 03/31/2005 at 01:55FK DWIGHT E. BROCK, CLEUI CONS 1181550.00 REC FHH 35.50 DOC-.70 8313.20 Retn: SALVATORI i WOOD 4001 TAKIANI TR N 1330 L1 NAPLES FL 34103 3060 Grantee S.S. No.: Property Appraiser's Parcel Grantee S.S. No.: Identification No.: 00393840003 W SEED THIS INDENTURE, ///a /-7;t01 his day of Mar ,2 05,between ASLIN REALTY ASSOCIATES, a New York eneIal;gartnerIlhrp;-wh a addr-ss 500 Old Country Road, Garden City,New York 115` 0, _Aldo ,to.' '63 , AS • • I LL , A Florida limited liability company, of 4001 Tami. .1 Tr. (No 8, Suijellikr . es go .da 34103, grantee. SETH that • tor for and in consi ratidn • sum of ten dollars, to it in WITNESSETH, _ hand paid by grantee,the rec-••', eof is hereby ac re ,has granted,bargained, and sold to grantee, his heirs and as I rever, the follows, .'''cribed land, situated, and being in Collier County, Florida, to wit: --- l See Attached Exhibit A Subject to restrictions,reservations, and easements of record and the taxes for the year 2005. And grantor does hereby fully warrant the title to the land and will defend the same against the lawful claims of all persons whomsoever. The undersigned each represent that Aslin Realty Associates is a New York general partnership and that they are its sole general partners. OR: 3763 PG: 3928 IN WITNESS WHEREOF, grantor has hereunto set its hand and seal the date first above written. Signed, sealed and delivered in the presence of: ASLIN REALTY ASSOCIATES, a New Yo-160( hi 4, r ' / By: f Witness -- HUR ASDOURIAN, General Partner Print name: /64%4 37 X 5/ 4. U ARTHUR Ate:t ia$,,V, r''' 4\/-teL Witness l i ---Y— Print name: 3 A Are Sfl A r r STATE OF NEW YORK � ,,,,-;/COUNTY OF AS a 7..,.., 4,,,-. The foregoing instrume IT. cknowledged be . this4 day of March, 2005, by ARTHUR ASDOURIAN, as g=u e�rllip` f; d�on�laehalf of ASLIN REALTY ASSOCIATES, a New York partners i iC soaaiiy known to me e`e.`"t ae-idcntiffeatieri. GL (Seal) otary Public Print name: State of New York ... :tlniitsiSSion expires: BETH ALDERMAN Notary Public,State of New York No. 01-AL4787312 Qualified in Nassau County My Commission Expires Jan.31,2006 OR: 3763 PG: 3929 STATE OF NEW YORK COUNTY OF /1/RS 5441 ASLIN REALTY ASSOCAITES, a New York Partnership crwca i- - -- C By: Witness WILBUR . BRESLIN, General Partner Print name: CJA-Ne- 6-few t Y 1 Witness Print name: / -� 2EE- - , STATE OF NEW YORK ti 1 COUNTY OF A//PS3 k �_ The foregoing ins. e t as; I4o vle g -be of e e) '10'1415 day of March, 2005, by WILBUR F. BRESLIN, - - . -r o on �r�hf SLIN REALTY y, w p ASSOCIATES, a New Yor• e • ership,who is per t1ally to me or who has pred»eM , �.. (Seal) C�GCiLGN..- \ '.1 x•` Public • � Print name: -` State of New York M9commissiori expires: BEN ALDERMAN THIS INSTRUMENT PREPARED BY: Notary Public,-AL4 si312W YOrk Qualified in Nassau County My Commission Expires Jan.31,2006 KRAMER GOLD FREDERICK C. KRAMER, ESQ. 950 North Collier Boulevard, Suite 201 Marco Island,Florida 34145 (239) 394-3900 PREPARATION OF INSTRUMENT ONLY NO OPINION RENDERED EXHIBIT A .-. Parcel 1: Commencing at the Southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida;run North 01 degrees, 35', 20" West 149.72 feet along the East boundary of said Section to the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail): thence North 39 degrees, 05', 20"West 1485 feet along the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail) to the Point of Beginning: Thence North 39 degrees, 05', 20" West 400.00 feet along said line: Thence North 50 degrees, 54', 40" East 400.00 feet; Thence South 39 degrees, 05', 20"East 400.00 feet; Thence South 50 degrees, 54', 40" West 400 feet to the Point of Beginning. LESS Commencing at the Southeast corner of Section 13, Township 50 South,Range 25 East, Collier County, Florida;Run North 01 degrees, 35', 20" West, 149.72 feet along the East boundary of said Section to the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail); thence North 39 degrees, 05,20"West 1685.65 feet along the Northeasterly right-of-way line of U.S. 41 (Tamiami Trail)to the point of beginning: Thence North 39 degrees, 05',20"West 200 feet along said line; Thence North 50 degrees, 54', 40"East 400 feet, Thence South 39 degrees, 05', 20"East 200 feet; Thence 50 degrees, 54', 40" West 400 feet to the point of beginning. Parcel 2: Commencing at the Southeast come/011i 3, Tow-is-hi' 1th, Range 25 East, Collier County, Florida;run North 01 degrees, 35'.1 " est 149.72 feet along t boundary of said Section to the Northeasterly right of way line o U.S 4t-(Tarniami Trail)• Thenc No 39 degrees, 05', 20"West 1,285.65 feet along the Northe terrigFtay lizFe o . . 41 mi i Trail) to the Point of Beginning: Thence North 39 d gre .0 0"/ 0.0• ,,- ,I r : sai line; Thence North 50 degrees, 54', 40"East 400.00 feet; The e sut 4 39'le re , / , ;0"I s 10 00 et; Thence South 50 degrees, 54', 40"West 400.00 feet to th Bisi.n i g. , r,.�I xi- LESS .. ' x- mt- Commencing at the Southeast c of Section 13, Town3� �5 So ange 25 East, Collier County, o Florida;run North 01 degree, 3 'Id\West 149.72 feet a tfE t e ,(s'Jioundary of said Section to the Pv Northeasterly right-of-way line of 4 (Tamiami Trail);the C (N th 39 degrees, 05', 20"West 1285.65 feet along the Northeasterly •>. a line of U ¢ ,amiami Trail)to the Point of �' Beginning: Thence North 39 degrees, 0' " st ',�rtg said line; Thence North 50 degrees, crn 54 40"East 250 feet; Thence South 39 degree#5,.:20 -Mist 165 feet; Thence South 50 degrees, 54', .-d 40"West 250 feet to the Point of Beginning. G] Less and except the following: �A' C.A.) ■ Commencing at the Southeast corner of Section 13, Township 50 South, Range 25 East, Collier County, Florida; run North 1 degree 35'20" West 149.72 feet along the East boundary of said section to the Northeasterly right-of-way line of US. 41 (Tamiami NE- Trail); thence North 39 degrees 05'20" West 1285.65 feet along the Northeasterly right- of-way lines of U.S. 41 (Tamiami Trail) to the Point of Beginning: Thence North 39 degrees 05'20" West 165 feet along said line; Thence North 50 degrees 54'40"East 250 feet; Thence South 39 degrees 05'20"East 165 feet; Thence South 50 degrees 54'40" West 250 feet To the Point of Beginning , Nok... , . ...,....,. . ... . - 1 .„,,' -- '-•-• < ''` - - r ' i. .• - % " H ie - _., ..,, .. , ... . , e- --- 4 '''' • / ..;,',,,,,.•„,,, .-...... ., .. I 1$, . •F „-• . .1. .._.... ... . ..„.. , 3 . - ..--- :,,,..43.,.\ 1140',..* , --i .... , ...., . . -- # Iim 1 -- :' . .,, , i -v --k ,e* ' e # .,.. , -.... -.. .. .._ _ i - ..1#, --- .• . .' '':: , - 43. * • , ' i , _ Wile'.,-, '- . x 41,1,,,,. .4 111111114 * l. _ . . ". -- .- or . ‘... 40, $ ,■$r / , •.. , . - • ' 4 4.4$$ -,So ..,-..,,, - ________ - .mi * • ,., ••.' „$---,-----,.._,-.,..-,- I ' \ ,... ... . 'ill. 41 ---,- , , I lk -;---- P volaul:mod. . -:, __ ,„..-",- AI, /I ir f 0, . . . -- , — , ' o tilt •,. * -• '''',- r . , - - * ..........,.. ..._ , .. .,.... ,. , ,---••• * .41,,, -. '''-':: 44, 4 ' / fillip. A 4i \ \ .„..., _ ,. ..4 •'--" ..-- -". $• 4", , , . • : ,$•- • ':•,....,„ . -"' _ .... , . .,,_ _ 4* ,. 4 , IITS7r N\ ' - . to - „. . • -,,,,,. - ' ..,"• * . . ' ' s \ _ \ , .. . , _ . \ ,, __ ., ,-- per. . 0 .:44, ...„ , _ ik 94 .1■. . -..„ -..2 — . \ ... ., ...... , . ... : . . „.„ .. - .z.. .- .. „. „. . ... . . , ..... .- .. i . , , ” a. .... ...-,4 mare . , .- - ...--, ... . . 0. .,' `i....--,‘..- *:, , /. * ,._...* . *'40, 1 "- .. . . . 1 ' '',■* \ . , ... , 4'* \ . ), --- ,c) , . * * ‘ 44 P A t i # :* •, "of \ '*)‘ -\ P#4' •.* . ,, , , - \<C\ . --- --:, -.- ' ,..„,...e. ._.... 46 3" N'illikiko1/4 , i # ' ■ ... ... - .. _.--- e \ \ _ ,, <//e -, , ' * •E .• N 0 4 N (Cis * , \ lIko. 1 , . •l 4..5- a . L , ^,,, �1. • S r _i,� • i�11, ' ,..i... 47*.sC + rt SJ I I 7 4' 4 i s .�� i t gil 4 44 ir 1y I e t� _ .,, t :::,,,. .. ''.. 10611 V rOpi0 a . 7 ; 1\ -'4 ,. ,, Of , ...,, 4 '4;.. '‘ " ' Vit. •. ' '41'0 4 . ., 0. . 1.'-+ ' ••r , -� _ • � s ti •" ' . 1 1 1•e ,j tfi yn t Y ` , ....to w �4 ,.v j , rr!, : .,I'e :.a _ � 1t :. %,,' .t 't •;� fir: f "•; `.. •c, �• .4. a.. 1 yaf,t," fy i ! �z YT •tr.. ! ♦ VW t. k z .., r ;• • rl p,' • i i/l*t •w d' :-7\ 1 • _ d d t. +e li • Y r , f t , . n ti u '214'7%, w• ■ { . P , i 14 r t 't i t' t 1 `y 'rte . , VI• iii • . ti�� CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. 4463 EAST TRAIL LLC Inv. David Jones Department Case No. CENA20140006693 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 10 12 0.025 $3.00 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 $13.64 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: $64.64 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: $64.64 it COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD - -. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner i 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 6. 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 .. a public he ; g. Dated this 8th day of May, 2014 I !'./........._. /_41. . Code Enforcement Investigator Colleen Crawley STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or fumed)and subscribed before this 8th day of May ,2014 by Col le tv. Cir-6-'----le'l G (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification NOTARY PUBLIC-ST ATEOFT'I-t)Rt»t Kerry 1,,ca :n.€, Type of identification produced `Commission R EE00 76; .`= � s: .JUNE 30,LUI4 .- � i;xpixe REV 1-2-13 _:o%DF)T�rnua N^nc�oNnII�eco,nvc. Case Number:CELU20140001165 Date:January 29,2014 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 CONDITIONS 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: 2/28/2014 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. ER D BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 1 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signet 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. AFFIDAVIT OF MAILING Code Case Number: CELU20140001165 Respondent(s): — NOV mailed Regular/Certified#7013 1710 0002 3381 3293 U.S. Postal Service,,, Case#CELU20140001165 NOV CC-14 m CERTIFIED MAIL,-.; RECEIPT VALENT, HELEN Q- (Domestic Mail Only;No Insurance Coverage Provided) 14960 COLLIER BLVD#4067 m For delivery Information visit our website at www.usps.com FL 34119 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: m ►' `' [Check the applicable document(s)] m Certified Fee $ �` Notice of Violation ru 1Cy� Poslm �g Return Receipt Fee Notice of Hearing (Endorsement Required) Here Restricted Delivery Fee Notice of Hearing/Imposition of Fines a tEM"ro°m°�°°°rir°ri, _Citation r�9 Case# CELU20140001165 NOV CC-14 Notice to Appear rn s VALENT, HELEN Code Enforcement Board Evidence Packet a 's 14960 COLLIER BLVD#4067 `` -e 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. • di I . X' g (Signature of Code Enforc nt O 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) 4 eA c, . S (Signature of Notar 'tibii ) NEIL ,r AY * .„ MY COMMIS'01#FF 048477 l+ EXPIRES:August 26,2017 N.,,,,00f Bonded Dm n tudget Notary Services (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CELU20140001165 Respondent(s): VALENT, HELEN C/O 14960 COLLIER BLVD#4067 THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [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 Colleen Crawley, Code Enforcement Official,hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 6810 Vanderbilt Beach RD , on 1/29/14(Date),at 10:30 a.m.(Time), and at the yX_Collier County Courthouse. N,0\I /. )(1Q (8i'gnature 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 Colleen Crawley(Name of person making statement) (Signat re o otary Pubpl, ro‘....,°ko C.DAY MY COMMISSION t FF 048477 * `Ti` 4, MY August 26,2017 wA a„..00 Bonded Tin Budget Nary Senices (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification • Type of identification produced a 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. Prepared by: t*t 2876946 OR: 2914 PG: 0933 *** Maryellen Cali IICOIDID in OPPICIIIL !ROD/ of COLLItt COVI?L PL INDEPENDENT TITLE OF NAPLES, INC 10/25/2001 at 01:10111 DIIGtt 1. 110CI, CL111 838 Anchor Rode Dr. IIC PII 0.00 Naples, FL 34103 DOC-.71 .71 File No. : 1561 Leta: i-., Parcel ID $ 36660480005 IIDIPIIDIR TITLU 0P UPL13 PICK IP I Corrective QUIT CLAIM DEED is QUIT CLAIM DEED, dated this 23rd day of October A.D. 2001 by HELEN VALENT,/ ,f/N6K /eLSs9 . hose post office address is 14960 Collier Blvd. , #4067, Naples, Florida 34119 reinafter called the GRANTOR,10 Kaye Homes, Inc., A Florida Corporation hose post office address is 4863 Golden Gate Parkway Naples, Florida 34116 ereinafter called the GRANTEE: (Wherever used herein the terms'GRANTOR'and'GRANTEE'include all the parties to this instrument and the heirs, legal representatives and assigns of individuals,and the successors and assigns of corporations) Wltneaseeth: That GRANTOR,for and in consideration of the sum of$10.00 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 Plat B124)S._4 at Pages 75 and 76 of The Public Records of Collier County -F, —ga(2`-y,7r,' The Property is vacant d not",ti l\' f n stead of the Grantor. / C:;::L::,::.:,__\--":n \ TO HAVE AND TO HOLD, the same wge r w th gn a a tl�lresintu lunging ur in anywise appenaining. and all the estate,right,tide,interest,lien,cqui and C in whAsbev r u the rNi c er t law or equity,to the only proper use, benefit and behalf of tine said GRANTEE fureve (� \---/In Witness Whereof, GRANTOR has Sg and sealed these presents the le set t nh a \12• 1 /0 SIGNED IN THE PRESENCE OF THE FOLLOWING W f t(`us"E �' ?•// CIE ,/., • ; Signature: /we" /.7 i,., Print Name: ''t 1 % , ' GE f ELEN VALENT Signathrti r ,4,..,., ..,_ /_/ —_--- Print Name: iti A' 116+ 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: J-,J aSa . THE FOREGOING INSTRUMENT was acknowledged before me on the 23rd day of October , , A.D. 2001 by HELEN VALENT � / Who is personally known to me or has produced J jI/El7 G!4f0 gegds identification. I types/'/of identification) 4 MINIM a M, `Np�IO�Ea li��I�"'�"�v .•_, 6 a I re: ry Public Notary Seal a°Mi07""w•^' tgatraaat =me: y i ANNETTE AMR-WIT-CI Rev. 8/00 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. HELEN VALENT Inv. Colleen Crawley 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 (Add!Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $63.74 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 (Add!Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $63.74 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120002127 Hearing Date: 6/20/14 Board of County Commissioners vs. Serafin Ordaz Hernandez & Sara De La Rosa Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 3200 Westclox St, Immokalee, FL; Folio 70440001 Description: New windows installed, new front door installed. An opening was created for the installation of new French doors on the side. Also a permitted door opening was boarded over, the soffit was replaced. Plywood flooring replaced throughout house and interior framing was removed and replaced with new 2 x 4' s all without first obtaining the authorization of the required permits, inspections and Certificate of Occupancy as required by the Collier County Land Development Code. Past Order(s): On April 25, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4917 PAGE 3041, for more information. On November 22, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5002 PAGE 1005, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between April 22, 2014 to June 20, 2014 (60 days) for a total fine amount of$15,000.00. Fines continue to accrue. Previously assessed operational costs of$81.43 have been paid. Operational Costs for today's hearing: $63.74 Total Amount to date: $15, 063.74 LLA.c 4--br Au Jar(1'(" Q.Ase- LESPO-ta0002,1 .1,1 L-0\ 0--evA) al)(k. etQaCceivtcilk-. e-c ‘,\ C ecr.er\ce.. \-0 \\ii " \,/ \• a b \c\cy\ \AANoo -e- t) PcplottW o Dc 'S-ktk. Q. er.D('\ -C\avYN:\\\\ oNe--\10\-CrN )T 0-ANN C6\1(s111(\!c\ Qiz\,1,„(k- Ct,ty ,eAkt ety,tc.c. ovA \e\ope. evo, eft:&\fav\Q,Q,:, asc.E0Mu AU,r\ _ r ex-rtaraz,„ F*().:4. Q1/4Z.R - Mo,c,o,t\cikk- (51 (3c,,, I Net INSTR 4835685 OR 4917 PG 3041 RECORDED 5/8/2013 12:34 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 527.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120002127 vs. SERAFIN ORDAZ HERNANDEZ AND SARA DE LA ROSA, Respondents ' 0 �- FIN' Tali FACT.-CO I S'IONS OPCWAND ORDER OF TO\110 D THIS CAUSE came on for public eari9/g b6r .thel3aaz. . it 25, D;3, d the Board,having heard testimony under oath,received ev'denc6,and hearaVespe ive to a la.$rop�iate afters,thereupon issues its Findings of Fact,Conclusions of f,aw,1f.i . �r - o e :o: 1 . '.Ilci�vt 4 I. That Serafin Ordaz Hern rdie, .n• .i . a 'o a' 're the ers subject property. 2. That the Code Enforcemee .and has jurisdiction of t ' ers n of espondents and that the Respondents,having been duly notifieitIN peared at the public"C'ie, in i9 p& n and entered into a Stipulation. 3. That the Respondents were not fiG c� e date of heaein .,d tt ddd mail and by posting. 4. That the real property located at 3200 'e telo(€,`tike okalee,FL 34142,Folio 00070440001,more particularly described as the East 130 feet of the Sou eat of the South'4 of the Southwest 1/4 of the Southeast '/.of Section 30,Township 46 South,Range 29 East,Public Records of Collier County,Florida,is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(l)(a) in the following particulars: New windows installed,new front door installed,an opening was created for the installation of new French doors,also a permitted door opening was boarded over,the soffit was replaced,plywood flooring replaced throughout the house and interior framing was removed and replaced with new 2 x 4s all without first obtaining the authorization of the required permits,inspections and Certificate of Occupancy as required by the Collier County Land Development Code. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a) be corrected in the following manner: OR 4917 PG 3042 1. By obtaining all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days(October 22,2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by October 22, 2013,then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs 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 I Case in the amount of$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal.1 aTD ttstay the Board's Order. DONE AND ORDERED this y of [a �It,Collier County,Florida. ! "' CODE • -e• BOARD ftire._ -I t " e N T F S R I A 1 (� ) 2:I:North iy , 0-, rive ►'••p ; ,Floe.. 0a STATE OF FLORIDA ) 14..& .� )SS: \,:. 'y,i., }1_( COUNTY OF COLLIER) \ . ` (Jf \�J,�,,, �'-�, The for go'ing instrument was acknowled'gedbe before -tl+is—' "f' , 9 to I 2013 y Robert Kaufman,Chair of the Code�nfcxaetrte t�,o �'sf oilier County Florida,who is personally known to me or who has pro uce3a FI. 0river's *cense as identification. ;.+^' KAREN G BAILEY (1,1fl i --( •, != NOTA Y PUBLIC r; •'c MY COMMISSION#EE878121 ''�' EXPIRES February 14,2017 My commission expires: 4407)398-0153 FbrdeNaterySa.vi�e.00m CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. .Mail to Serafin az Hernandez and Sara De La Rosa,3200 Westclox Street,Immokalee,Florida 34142 this day of 2013. State of Florida 41115,47,4 County of COLLIER M.Jean( wson,Esq. Florida Bar No.750311 I HEREBY CERTIFY THAT this is a true and Attorney for the Code Enforcement Board Correct copy of BllAcwracrly -fII?in 681 Goodlette Road N.,Ste.210 Board Minute•Sill-Ret;ardsof�,o11 eG C4unty Naples,Florida 34102 WJTN SS o h �d =t • •I'►'afs thl ` (239)263-8206 ice•. 4,;:•‘, p .! 44' D IG •x a ;.tXRK bF o.V S Ali t le- vy F ri ,V-h.—Sys... *** OR 4917 PG 3043 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida , • Petitioner, vs. - Case No. CESD20120002127 Serafin Ordaz Hernandez& Sara De La Rosa Respondent(s), STIPULATION/AGREEMENT . COMES NOW, the undersigned, Serafin Ordaz Hernandez, on behalf of himself or Sara De La Rosa as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120002127 dated the 10th day of . February, 2012. t lei consideration of the disposition and resolution..of't, rs_outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 25`' 0,1t ' e 1rcCrA to 4iciency in the administration of the code enforcement process; and to obtain a gal k� tr expeditiout�-r , l'tir�n of the matters outlined therein the parties hereto agree as follows: ; CJ, " 1) The violations noted in the refere ce flee-ef,Violation are ac rat and I stipulate to their existence. THEREFORE, it is agreed between he es tt,,a th s•,9n•e t' alli I 1) Pay operational costs in the m tnf$$'3,— if' .r-• in rq tion of this case within 30 days of this hearing. \C'''' / '� l/ 2) Abate all violations by: ObtaiIQ all required Collier ` u ty/ ilc ing Permit(s) Obtaining all required Collier County Building ,c t(s) or Demolitio • rm-ittspections, and Certificate of Completion/Occupancy within 1 of this hearing.p.,,k`f"'e of $250.00 per day will be imposed until the violation is abatt • _ _....__- - ), I 3) Respondent must notify Code Enforcemrip' hi p'ur'l of abatement of the violation and request • the Investigator perform a site inspection to con�rm compliance, :1- (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.) c t 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the,provisions of this agreement and all costs of abatement shall be assessed to the property owner. - - �' .• , / f_ Respondent or Representative (sign) -L Diane Flagg, Director Code Enforcement Department s _ i 'i. itr`l l ts-' (..s_..Iti-,'O-R,--- V 1-7//e/t3 .',:t;',11 ...• Respondent or Representative (print) • Date . On behalf of Sara De La Rosa _.� .Q . I ( . REV 1/4/12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20120002127 COLLIER COUNTY _._...:. BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HERNANDEZ, SERAFIN ORDAZ SARA DE LA ROSA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Maria Rodriguez,Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 25,2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (October 22, 2013) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3041. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 22,2013. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in ,compliance with the following conditions: failed to obtain all required Collier County Building Permit or Demolition `Permit through required inspection and certificate of completion/occupancy by October 22, 2013. FURTHER AFFIANT SAYETH NOT. DATED this 23 day of Octover, 2013 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT :OARD Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before me this a3 day of oe-R-o ksz( ,2013 by Maria Rodriguez (Sib ature of Notary ublic) oaa�Y �� • `otin�td Inn�gan aLMMARFNNt11E ` MY COMMISSION#EE 157053 (Print/Type/Stamp Commissioned Name of Notary Public) �, oQ EXPIRES:getNot0,2016 oFrt� Bonded Thru Budget NotAry Services Personally known INSTR 4936616 OR 5002 PG 1005 RECORDED 1/22/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120002127 vs. SERAFIN ORDAZ HERNANDEZ AND SARA DE LA ROSA, Respondents ''''-: 5` C 7"C It f�* 1�,\`< O ER'ON © ION FOR) NSIO \OF'DIME THIS CAUSE came on ffor p�{rbli h _b h oar y o}o embt r 22,2013,on the Respondents' Motion for Extension of Time,and'Th $o'ard�ha .vl • + co ider d t matte.,and being duly advised in the premises,hereby GRANTS the sand„ o ion. .ak I / \\ ,,,,_,\ \ \ORDER OF THE BOAj D�-7 Based upon the foregoing,and pursuant b he a t ty„gtanted 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 five months(April 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 t) day of "( 014 at Collier County,Florida. State of Florida O ll ':' EMENT BOARD County of COLLIER OLLIER,,Cs. TY " ' DA I HEREBY CERTIFY THAT this is a true and ' BY:-o:,- lI% 'ob-rt Kau :� rGha' correct copy of adocument on file in 28b-No z ses Drive Board Minutes and.Recora of Collier County .aples,Fl. 14. 4104 WITNES niy.rinnd and.offic a[seal this , ---. 21st=day;ofddr,ocu-y=i Zo.l_k DWIGHT,E.,BROCK CLERK OF COURTS V .., .;, _ p _ *** OR 5002 PG 1006 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 1p day of A , 201 Robert Robert Kaufman,Chair of the Code Enforcement Board of Collier Co IS lorida,who 6 �1// personally known to me or who has roduced a Florida Driver's Lic• se as identification. y� �� t � . '"'• KAREN G BAILEY NO ARY PUBLI IP q. o-. •'c MY COMMISSION it EE875121 My commission expires: :��7- ' EXPIRES February 14,2017 1 4407)390.01S] FbrideNOtarySe,vicewen CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and'oit di�co y--.74„. is�Q ER has been sent by U. S.Mail to Serafin Ordaz Hernandez and Sara De La Ros J :este ox Street Ixu6 et Florida 34142 this (0 day of / CJ */ -'\ ��4 14. / . ^ iL`<rI Sok_....- 2 d." 7° +3111 t--, E C1' o forth C•dej rcement Board 1i lette aa I��.210 c` Naples,Fi,ida 419«)/ n (239)2633 2�6i / s- /.cs COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120002127 t""'` COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HERNANDEZ,SERAFIN ORDAZ SARA DE LA ROSA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Maria Rodriguez,Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on April 25, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permit or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days (October 22, 2013) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4917 PG 3041.An extension was granted for for a period of five months (April 21, 2014) OR Book 5002 PG 1005. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on April 23,2014. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in • (—■ compliance with the following conditions: Failed to obtain all required Collier County Building Permit or Demolition Permit through inspection and certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 1 day of ✓flay ,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD • \mss_ 7, Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this '7 day of iL ,2014 by Maria Rodriguez (Signature of tart'Public) (Print/Type/St p Commissioned Name of Notary Public) - `T's'�mar `� =61.V•e te, MARY L.PUENTE at :-: Commission#EE 160821 Vi Personally known NI .5:�,,, ;..,s •Expires May 3,2016 ��'lFfu�'ts• Bonded Thru Troy Fan Insurance 8043857019 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. SERAFIN ORDAZ HERNANDEZ & SARA DE LA ROSA Inv. Maria Rodriguez Department Case No. CESD20120002127 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 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 Imposition of Fines $63.74 TOTAL OPERATIONAL COSTS: $63.74 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20130019061 Hearing Date: 6/20/14 Board of County Commissioners vs. Sidney John Hubschman, Violation(s): Collier County Code of Laws and Ordinances Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-231(15) Location: 2600 Coach House Lane, Naples, FL; Folio 30550000054 Description: Private swimming not being maintained creating an unhealthy condition. Past Order(s): On March 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 5025 PAGE 166, for more information. The violation has been abated as of May 13, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between April 4, 2014 to May 13, 2014 (40 days) for a total fine amount of$ 10, 000.00. Previously assessed operational costs of$63.74 have not been paid. Abatement costs of$3,662.20 have not been paid. Operational Costs for today's hearing: $ 63.14 Total Amount to date: $13,789.08 INSTR 4966227 OR 5025 PG 166 RECORDED 4/9/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEPM20130019061 vs. SIDNEY JOHN HUBSCHMAN, Respondent FINDINGS-OFFACT' ONCLUSIONS OF LA-' 1I 6F 13ER-.O jTi(-TE, OARD "��j`-,i--- ---,1:l.7„; \fi , THIS CAUSE came on for public he ig.'12df'ore the Board on Marchs2•7,�2b*4,and the Board,having heard testimony under oath,received evid6nce�, d-heard-respective to all apps prime matters,thereupon issues its Findings of Fact,Conclusions of Law,and (Ordcr eftth-ee Bl ant a�"s follows. \l / 1. That Sidney John Hubs m is the Wiiei of e slt ectl5rop�e 2. That the Code Enforcer el; '' "'j i 12 i, the . o 4 ofhhe-1 espondent and that the Respondent,having been duly not\r l" did not appear at the}public he Jt, ,-1 3. That the Respondent was'" e4'�of the date of hearin0,• rt,i r ail and by posting. 4. That the real property located at qj)Poach House rLane; apes;Florida,34105,Folio 30550000054, more particularly described as the West 1/2}f,.lh �X32 :1 o�f lea .et 646.79 feet of the South half of the South half of the Southeast quarter of Section 23,ToWitsinp.49sSbli h;urge 25 East,less the North 30 feet for road right-of-way purposes,also known as the West half of Lot 18,Colonial Acres is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI,Property Maintenance Code,Section 22-231(15),in the following particulars: Private swimming pool not being maintained creating an unhealthy condition. 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 Collier County Code of Laws and Ordinances,Chapter 22, Buildings and Building Regulations,Article VI,Property Maintenance Code,Section 22-231(15). 2. That the Respondent must chemically treat pool water killing the algae infestation and maintain water condition by means of a filtration system within 7 days(April 3,2014)or a fine of$250.00 per day will be imposed until the violation is abated. In the alternative,Respondent may chemically treat the pool water killing the algae infestation then install a cover which would prevent water intrusion with 7 days(April 3,2014). *** OR 5025 PG 167 *** 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 Sheriffs 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$63.74 within 30 days(April 26,2014). 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 31 day of 1►1LYCh ,2014 at Collier County,Florida. ••DEENFO• EMENTBO• ' t► COLLIER C•4 TY,F O'. 9A BY: ,firr� ---- :e Kaufin..-10 it - J"fig, •81 l3 y 9 .1r,. .i ce•.e Drive !�o pT- , bn STATE OF FLORIDA ))SS: /L.J, ��\ \: COUNTY OF COLLIER) / �1 . — ""—,I"\ i—. The foregoing instrument was ackno ofe •' \ 0._ , 2014/by Robert Kaufman,Chair of Cede Hnfc!rc me t B+. ofa o tier ounty,Florida,who is personally known to me p�'1t . • . of c d .: P 'v rt icense as identification. .0 ■ 1 -o1 kiJI KAREN G BAILEY NO •RY PUBL1a," ` J ',�'' . MY MY COMMISSION#EE875121 \' - My commission expires ' - EXPIRES February 14•2017 clA 3ss-015, fb,kEsVourySwrbe con, PAYMENT OF FINES: Any fines orde L d {b`S is'Order may be paid at the Collier County Code Enforcement Department,2800 North i rse DriJel 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 partylnay 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 has been sent by U.S.Mail to Sidney John Hubschman,2600 Coach House Lane,Naples,FL 34105 this 31 day of &Quo^,2014. State of Florida 111, -eee.47 i "i—/ County of COLLIER M.Jean:•:wson,Esq. Florida Bar No.750311 I HEREBY HEREBYp§FinfrY(TRAT.this is a true and Attorney for the Code Enforcement Board coned say-ef'a-tlocumeiltOo Tile in 681 Goodlette Road N.,Ste.210 BoF:-c'jinut•s,•,fie or� 'uf Collier County Naples,Florida 34102 { VJITf SS my r�`�a6c oftiCial1s al•this (239)263 8206 �'' .dal di 2 DIN yT,E.BOCK, - RR•F COURTS •t- 1 . 4 0 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20130019061 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HUBSCHMAN,SIDNEY JOHN,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 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 clean and maintain pool water or chemically treat water and install an approved cover to prevent rain water intrusion as stated in the Order recorded in the public records of Collier County, Florida in OR Book5o25PG 1 G . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 07,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Clean and maintain pool water or alternatively chemically treat water and install an approved cover to prevent rain water intrusion. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of April,2014. COLLIER COUNTY, FLORIDA CODE ENFORCr ENT BOARD 40 l ;II. J• anta iaJ e.: nforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and s bscribed before me this 7th day of April,2014 by John Santafemia �'l�l� / 2otPar r°B�c NEIL C.DAY (Signature oifotary Public ? MY COMMISSION#FF 048477 mil, EXPIRES:August 26,2017 Nr140,r,00-P Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J Sweetwater Pool and Fountain Service Invoice .-. 1157 Industrial Blvd FL 34104 11111 Date Invoice# 239-775-Pool (7665) (wafer Pool Service 5/12/2014 35096 239-775-POOL Licensed B Insured Bill To Ship To Collier County Government Community Dev.&Env.Services Attn:Finance Department CEPM20130019061 3301 Tamiami Trail East 2600 Coach House Lane Naples,FL 34112 PO#4500149221 P.O. Number Terms Rep Ship Via F.O.B. Project 5/12/2014 Email Quantity Item Code Description Price Each Amount County Service CEPM20130019061 -2600 Coach House Lane-Drain 3,112.20 3,112.20 down degraded water,chemically treat remaining water, cover,and secure pool and/or spa.$2.85 psf.x 24 x 40 pool with 12"overlap for security and stability on each end=$2.85 x 1092 sq.ft. Service Additional Services-Hourly rate largely for additional 150.00 150.00 services as described below and also some light landscaping around perimeter to access primary job. $50.00 x 3 Hours. Miscellaneous Additional Marterial such as,but not limited to: 400.00 400.00T Groundwater contact posts(due to the extreme width and length of the pool).Pools of this magnitude with such expansive exposure require support posts,joist hangars, blocks,lags,and other additional hardware.These items are only used in pools similar in magnitude and would not be figured into standard square footage costs. Miscellaneous Mark up on additional material-0%.We will not add any additional markup on additional materials used for this rather expansive abatement cover.Rather,we would like to extend our appreciation and thanks to Collier County for their ongoing trust in our business and for the opportunity to do business with them. Out-of-state sale,exempt from sales tax 0.00% 0.00 Payment Due upon receipt. 1 1/2%charged on all accounts 30 days past due. 18%Annual interest rate. Total $3,662.20 Balance Due $3.662.20 Pay online at: https://ipn.intuit.com/hgv89mbm Sweetwater Pool Service can accomodate all of Sweetwater Pool Service is a your pool needs from weekly service to repairs! Ir; recipient of the Angie's List Aar Visit us at WWW.TrySweetwaterPools.com Super Service Award& 5 stars on the BBB! COLLIER COUNTY,FLORIDA. �\ CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20130019061 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HUBSCHMAN,SIDNEY JOHN,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared John Santafemia,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 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 abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5025 PG 166,et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 13,2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in t"'1 compliance by draining of pool water than installation of an approved cover by County contractor. FURTHER AFFIANT SAYETH NOT. DATED this 13th day of May,2014. COLLIER COUNTY LORIDA CODE E • : . , NT B Oi o John ta.emi• " I Cod - orcement Official STATE OF FLORIDA COUNTY OF COLLIER ^^ Sworn to(or affirmed)and subscribed before me this 1 day of I r 1 0-t) ,2014 by John Santafemia _ScJ1su�� • (Signature of Notary Public) r°SPR`':;��c TERESA TOOLEY * `t.j * MY COMMISSION#FF 06927; (Print/Type/Stamp Commissioned Name of Notary Public) N;' %!!!'" EXPIRES:November 7,20'.7 4,F pF�Oa.9 Bonded Thru Budget Notary Se;vice;; Personally known I CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. SIDNEY JOHN HUBSCHMAN Inv. John Santafemia Department Case No. CEPM20130019061 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 CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120006666 Hearing Date: 6/20/14 Board of County Commissioners vs. Real Estate Holdings of Tienda Mexicana Inc Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 217 N 15th ST, Immokalee, FL; Folio 00131360004 Description: A screen enclosure with a sink, open freezers with electric and upright door refrigeration coolers with electric and a counter space attached to the office, all installed without first obtaining the authorization of the required permit, inspections and Certificate of Occupancy as required by the Collier County Land Development Code, also (4) expired permits 2011020704, 2011020699, 204110460, 920013727. Past Order(s): On May 23, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4931 PAGE 1669, for more information. On November 22, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5002 PAGE 999, 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 3649, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between April 14, 2014 to June 20, 2014 (68 days) for a total fine amount of$17,000.00 Fines continue to accrue. Previously assessed operational costs of$81.15 and$63.74 have been paid. Operational Costs for today's hearing: $64.64 Total Amount to date: $17, 064.64 INSTR 4851525 OR 4931 PG 1669 RECORDED 6/11/2013 10:24 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120006666 vs. REAL ESTATE HOLDINGS OF TIENDA MEXICANA,INC. Respondent 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 Real Estate Holdings of Tienda Mexicana,Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing and entered into a Stipulation.. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 217 N. 15th Street, Immokalee,Florida 34142 Folio 00131360004,more particularly described as the North 132 feet of the East one-half of the Northeast one-quarter of the Southeast one- quarter of the Northeast one-quarter, Section 5,Township 47 South,Range 29 East,Collier County,Florida, is in violation of Ordinance 04-41, as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a) in the following particulars: A screen enclosure with a sink,open freezers with electric and upright door refrigeration coolers with electric and a counter space attached to the office,all installed without first obtaining the authorization of the required permit,inspections and Certificate of Occupancy as required by the Collier County Land Development Code, Also four expired Permits 2011020704,2011020699,204110460 and 920013727. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days(September 20,2013 ). t"■ 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by September 20, 2013,then there will be a fine of$250.00 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 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 \tY) -2013 at Collier County,Florida. ODE ENFORCEMENT BOARD C LIE 1 Y FLORIDA 'obi 'auo4r , ihair 2800/lo i Horses'.e Drive Naples,Flo • -'104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ' day of 2013/by Robert Kaufinan, Chair of the Code Enforcement Board of Colke ounty,Florida,who is lr personally known to me or who has.roduced a,F-lor-i•a Driver's License as identification. c _Nes. A.. -CV _7i �� '• KAREN G BAILEY NO RY PUBLIC tom- ;�'.,_, M,(COMMISSION#EE875121 My commission expires: = ��: c EXPIRES February 14 2017 (1".38-0153 FtavidalloterySe,' .DOT CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Real Estate Holdings of Tienda Mexicana,Inc.,4227 Regal Ct., elray Beach,FL 33445,R.A.: Antonio Puente,3740 Lowson Blvd.,Delray Beach,FL 33445 this .�j day of \(kfl-E- ,2013. 1 _ M.Je•f•awson, 'rq. State of Fiorida Florida Bar No. 750311 County of COLLIE q ,- Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 I HEREBY:-CERTIFY THAT,leis is a true and Naples,Florida 34102 correct GUpy of a clpou n ton file in (239)263-8206 Board Minu:e s and RoOofd:s of J oilier County WITNESS r-�y hand and bf�icial:Seal this _ DWIGHT E BROCK,CORK OF COURTS BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20120006666 REAL EST HOLDINGS OF TIENDA MEXICANA INC. Respondent(s), • STIPULATION/AGREEMENT COMES NOW, the undersigned, Antonio Puente, as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20120006666 dated the 19th day of July, 2012. 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 ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.15 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/occupancy within 120 Days of this hearing or ;; 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 enf rceN e provisions of this agreement and all costs of abatement shall be assessed to the property owne,. \'\N ,—_, ___"-% ( - ' ,---,, 1 --"Lii-) ,;:, ■\\i - i 1 • Respon � ntarl pres&ltative (sign) '-or Diane Flagg, Director° p ) _ ` ^ Code Enforcement Department ki '''' -IM-., _)u i qTh------?c--'=------- 6, ,2 3 /---7 Respondent or 'epresentati e (print) Date Date ' / REV 1/4/12 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120006666 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner /". ■ vs. REAL EST HOLDINGS OF TIENDA MEXICANA INC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA • COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (September 20, 2013 ) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4931 PG 1669. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 24,2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in (Th compliance with the following conditions: Respondent failed to obtain all applicable Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 120 days (September 20, 2013 ). FURTHER AFFIANT SAYETH NOT. DATED this 10 day of October, 2013. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (-&--(4 Sworn to(or affirmed)and subscribed before me this /6 day of OCR .. ,2013 by Maria Rodriguez o°:`:•::"90 SHIRLEY GARiIA ignature of otary Public) ;••••, * * MY COMMISSION#DD 943980 EXPIRES:December 21,2013 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known '� INSTR 4936613 OR 5002 PG 999 RECORDED 1/22/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120006666 vs. REAL ESTATE HOLDINGS OF TIENDA MEXICANA,INC. Respondent .!" ORDER�N`IviOTION FOR EXTENS1014 OF,TIME f ��_._ \ \ THIS CAUSE came on fpr public 11gai thg,.befbre the 13o4d on November 22,2013,on the Respondents' Motion for Extension of Time ad theBoard'havinghearc cb?1s►dei;ed`the Matter,and being duly advised in the• premises,hereby GRANTS the said-IV�otiox.%� .� �-- f ;; \ \, ORDER OF THEI ARD rZ (' Based upon the foregoing,and`pur$uant to the authority gtantedi%Chapter 162,Florida Statutes,and ��f,• `• i\qtr%: Collier County Ordinance No.2007-44,it issheriby 1 ERF.1Di. That the Respondents'Motion for Extension of Time is GRANTED for a period of 60 days(January 21, 2014). Respondent is to notify Code Enforcement Department by December 23,2013 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. DONE AND ORDERED this day o 2014 at Collier County,Florida. !'r E E' 0' EMENT BOARD State of Florida •LLIE' y ,F County of COLLIER BY: "IiialiCa I HEREBY CERTIFY THAT this is a true and •obe K. frnan, correct copy of a document on fild in 280% North-I. e oe Drive Board Minutes_apd 6r8.pf Collier County aples,; ida 34104 V�ITNESS rpy fi' rid ar?diofficial`Seal this L- day i DWIGHT L BROCK,-CLERK OF COURTS istw • • *** OR 5002 PG 1000 *** n STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of It(_Y , 2014,b obert Kaufman,Chair of the Code Enforcement Board of Collier Coun ,Florida,v o is �rsonally known to me or who has produced a Florida Driver's License as identification. 1 41110FAIL gilaija, E'' ii : .% , KAREN G BAILEY oT r Y PUBLIC MY COMMISSION#EE875121 Y commission expires: -'♦•'�" EXPIRES February 14,2017 ,lor aea-olea F1o"°'"°t3 42"c" -'TIFICATE OF SERVICE I HEREBY CERTIFY that a true d tors crico of�is-QRDER has been sent by U.S.Mail to Real Estate Holdings f Tienda Mexicana,Inn:;�R 4A %Antonio Puente$74i)Lq rson Blvd.,Delray Beach,FL 33445 T r this day of p�Quo{,2014. f t ::' ''N,t �'r ;' ,;ti % 7 l `I sod E'9 \, ', I ':/ 4 i A i :Florida ar`NO.'503111 tf»-, G 1 r\,,�‘.�,;°Atto ndy for tlt'e Code;Enforcement Board i .` 68l°G�dl dlette lbo-ti N. te.210 `°.,t Naples,F jpjada 34102,;, / \'; \ (239)2638061 ._,/,w ` '_ i / ` \ - / \ .-; ._.___-• " \._� - } COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120006666 ,\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. REAL EST HOLDINGS OF TTENDA MEXICANA INC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Maria Rodriguez,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all applicable Collier County Building Permits or Demolition Permit through required inspections and certificate of completion/occupancy within 120 days (09/20/13)as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4931 PG 1669.An extension of time was granted for 60 days (01/21/14) OR Book 5002 PG 999. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on January 23, 2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in t—■ compliance with the following conditions: Failed to obtain all applicable Collier County Building Permits or Demolition Permit through required inspections and certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this day ofR-b ,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD —ific---- ' . Maria Rodriguez Code Enforcement Official STATE OF FLORIDA all COUNTY OF COLLIER . Swo- to(or affirm )and ubscribed before me this 3 day of F b Lb'r.,S ,2014 by Maria Rodriguez ( ianature of otary Public) i (Print/Type/Stamp Commissioned Name of Notary Public) Personally known\l •407::.4¢¢t ALAMAR FINNEGAN �� # = * MY COMMISSION OE 151059 v EXPIRES:April 20,2016 ikermO Bonded Nu Budge;Wiry Sendai. INSTR 4958318 OR 5018 PG 3649 RECORDED 3/21/2014 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120006666 vs. REAL ESTATE HOLDINGS OF TIENDA MEXICANA,INC. Respondent ORDER ON MO 4O" TENSION OF TIME / THIS CAUSE came on for pu lii`rla„prrOefore theeBbardV ebruary 27,2014,on the Respondent's t / Motion for Extension of Time. / f .—.___._., / / 4 ,DI ST1P-IfACT The Respondent reques s an •xt tof�ti ,let co ply e 1oas Order. V: ORDER OF TH BOAR Q i J-.. Based upon the foregoing, rsuant to the authontyl, ar ell to napter 162,Florida Statutes,and Collier County Ordinance No.2007-4 e'tr ed,it is hereb-,.(AfZ E : 1. The Respondent's Motion for Ext ns( of i IT Ga TED for a period of 45 days(April 13, 2014). 2. The Respondent shall pay court costs for this hearing in the amount of$63.74 within 30 days(March 29,2014). -- ++,�� DONE AND ORDERED this `1 day ofh.VU,,2014 at Collier County,Florida. i 0 E ENFOR MENT BOARD COLLIER CO ■ Y LOR ►- State of Honda : .-,/1-4 L� • 'I b- Kauf,� County of COLLko', . 28 Mort '�j''+�� oe Drive 0,^. +aples,Fl.•.ea34104 I HEREBYCERTIF'ftfATlttis is a true and correct:;`opy`of a tiocur ni Aile in Board:Minuths' tad Recot,sofSollier County WITtd SS my hand andff eiakseal thi WIGHT . ROCK;GLE K'OF COURTS , :C. *** OR 5018 PG 3650 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) he foregoing instrument was acknowledged before me this I l day of MQrC-k- , 201 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known tome or who has pr.duced a Florida Driver's Licen e as identification. AVOW _A% 1,11.,► ' „..,..,„ KAREN G BAILEY NOTA Y PUBLIC `• ., i' s,: •� MY COMMISSION#EE675121 My commission expires: '''& ` ;, EXPIRES February 14,2017 r'•1qp.-i11S3 FbridalloterySe.•ice can PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may br=uit 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_con€rrmatron-o the satisfaction of the obligations of this Order may also be obtained at this location. /� , C.O��T APPEAL: Any aggrieved party may,/k0 a final order of the Boar 6-tft Circuit Court within thirty(30)days of the execution of the Order appea d. a shall not be a hearin den vo,but shall be limited to appellate review of the record created withi the iglr ri)tg:-It-is-thlesponslit�ility f the appealing party to obtain a transcribed record of the hearing romithe Clerk o Dtfit Filing;an Appe I wil not automatically stay the Board's Order. ?' ^ ait O R I I HEREBY CERTIFY t at:a rue and correct copy o 7. is 0 Ri een sent by U.S.Mail to Real Estate Holdings RRf Tienda Mexic o c.,R.A.: Antonio Pue &374 L9(r,`sjggiBlvd.,Delray Beach,FL 33445 this K day of ,2014 ,\ '( Cy (,),4. fa..)6z%,1-/ (2,af_,c_t i 2,,s, ;"---61A,Le 4-:01.'son,Esq. FoTida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD • CEB CASE NO. CESD20120006666 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. REAL EST HOLDINGS OF TIENDA MEXICANA INC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER • BEFORE ME,the undersigned authority, personally appeared Maria Rodriguez, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 23, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all applicable Collier County Building Permits or Demolition Permit through required' inspections and certificate of completion/occupancy within 120 days (09/20/13) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4931 PG 1669.An extension of time was granted see OR Book 5002 PG 999 and OR BOOK 5018 PG 3649. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on April 14, 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: Failed to obtain all applicable Collier County Building Permits or Demolition Permit through required inspections and certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 5 day of MA y, 2014. ( COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this s day of Ma` ,2014 by Maria Rodriguez (Signature of of ray Public) /Wet. / v (Print/Type/Stand ommissioned Name of Notaiy Public) MARY L.PU E 16082 Personally known J as'rye;' commission 16 May 3,20 �� iroYFsml;aura0Ce �70t9.; CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. REAL ESTATE HOLDINGS OF TIENDA MEXICANA INC Inv. Maria Rodriguez Department Case No. CESD20120006666 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 10 12 0.025 $3.00 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 $13.64 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 $64.64 TOTAL OPERATIONAL COSTS: $64.64 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20140000021 Hearing Date: 6/20/14 Board of County Commissioners vs. Teresita Pino Violation(S): Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI, Property Maintenance Code, Section 22-242 Location: 4261 1st AVE SW, Naples, FL; Folio 36615400001 Description: Unsecure vacant structure creating a nuisance. Past Order(s): On March 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 5025 PAGE 164, for more information The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$500.00 per day for the period between April 12, 2014 to June 20, 2014 (70 days) for a total fine amount of$ 35, 000.00 Fines continue to accrue. Previously assessed operational costs of$63.74 have not been paid. Abatement costs of$325.00 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $35, 451.28 INSTR 4966226 OR 5025 PG 164 RECORDED 4/9/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CEPM20140000021 vs. TERESITA PINO, Respondent FINDINGS �C,�OyN,CLUSIONS OF LAW N RDEK triM. BOARD THIS CAUSE came on for public he/ai�g Fore the Board on Marcir2 14,and the Board,having heard testimony under oath,received evidence id-heard.respective to all ap'pmpri ke matters,thereupon issues its Findings of Fact,Conclusions of I4(aw,and Or-der,,,pf tie Baia d,�follow �—. 1. That Teresita Pino is the owr111 u e�o a �a 2. That the Code Enforce eflit o uias i�IQ the person ofit[�etl[espondent and that the Respondent,having been duly no'lit failed to appear at e4public 3. That the Respondent was s6 of the date of hearin l y ce ail and by posting. 4. That the real property located 1■Avenue S.W a mss"'' orida,34119,Folio 36615400001,more particularly described as the West%z of Traet,73 Vja D EStATES,UNIT 1,according to the plat thereof,recorded at Plat Book 4,Pages 73 and 74;-e 74; -Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI, Property Maintenance Code,Section 22-242,in the following particulars: Unsecure vacant structure creating a public nuisance. 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 Collier County Code of Laws and Ordinances,Chapter 22, Buildings and Building Regulations,Article VI,Property Maintenance Code,Section 22-242. 2. That the Respondent must obtain any and all required Collier County permits,inspections and Certificate of Completion and make necessary repairs to secure the structure within 15 days(April 11,2014)or a fine of 5500.00 per day will be imposed until the violation is abated. In the alternative,the Respondent may apply for and obtain a valid Collier County Boarding Certificate and secure the structure by boarding within 15 days. All conditions and requirements for property boarding as detailed in Code Sections 22-240(2)(k)and 22-241 must be met to achieve full compliance. *** oR 5025 PG 165 *** 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$63.74 within 30 days(April 26,2014). 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 •'j k day of /TJ ,2014 at Collier County,Florida. CO s N 0 RCEMENT BOARD •LLIERC•UNTY, O:. .1',..-- ■Ii.-.sor is l,--_ ..e au 411.7��ir, ,�t �i�1 � S6D ■,j . • ve � - Na. , Ili.• �..• STATE OF FLORIDA ) j C/ )SS: COUNTY OF COLLIER) / / ��``�� ` \ �, 1 The foregoing instrument was ac / o Ind 'erdI form '.AY1 1 v\^ 201 /by Robert Kaufman,Chai of C de nfdreeme B.. er out ty,Florida,who is personally known to me 1 Yi '. rod c d: loriu verfs`)icense as identification. r � ?�� ^ ��'' KAREN G BAILEY lz NO Y PUBLI P �!` MY COMMISSION:?El LE v My commission expires/ �..-', ��.:•= EXPIRES February 14,2017 0,'r-`•_—, ../`�1+, N07i b9S0151 FbrE.4ota Sm rVice com PAYMENT OF FINES: Any fines orde to: fPd Is t to�ttjis`Ord may a e o ter County Code Enforcement Department,2800 North I-)orsesbioe l ve w pis,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 1 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 has been sent by U.S.Mail to Teresita Pino,4261 1e Avenue S.W.,Naples,FL 34119 this 5■ day ofM.r(,VA. ,2014. State of Florida �� Count of COLLIER Florida wson,Esq. Y Fl Bar No.750311 Attorney for the Code Enforcement Board I HEREBY CERTIFY.TNAT this is a true and 681 Goodlette Road N.,Ste.210 correct CQp tglptldcament on file in Naples,Florida 34102 Board d4i0es.srld-Reco ds,-oi`.Collier County (239)263-8206 WfTT S my ar ar ,offi.cial seasI.this �—., iy df ; ' .. ,r,{E DWIGH E. :ROCK,_CLERK.QF COURTS -.JJa i VP COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20140000021 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. PINO,TERESITA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared John Santafemia, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 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 abate violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book5c25PG 16,4. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 14, 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:Abate violation by securing the structure. FURTHER AFFIANT SAYETH NOT. DATED this 14th day of april, 2014. COLLIER COUNTY, ORIDA COD_ NF!'CEMr i BOA, VI At. _Ater.I f Jo17 S tafemia C6de forcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or i med)and subscribed before me this 14th day of April,2014 by John Santafemia I X, C�i("1 _ //r2 /112 (Signature of Notary r)Iblic �V z�s"�•Pbe,, KIMBERLY BRANDES A.-- MY COMMISSION#FF 048468 (Print/Type/Stamp Commissioned Name of Notary Public) , ( . .. EXPIRES:September 17,2017 .P'4rFo,°c\g:-°Bonded Thru Budget Notary Services Personally known re1i(239) 514 0103 CGC 061412 FaX (239) 514 0556 CCC 057950 WM. J. VARIAN CONSTRUCTION CO. Inc/. QENERAL coNrgAcroR 886 110th'Av&N Suite/#9 Naples, F1.34108 Ser'v Sout7uve g Florida,Jince,1989 Invoice 14-077 Date: 5/23/2014 Submit to: Ani San Roman CustomerService Specialist Growth Management Division Code Enforcement 2800 N Horseshoe Drive Naples,Fl 34104 Job Name: 4261 1st Ave SW P.O.# 4500146797 Code Case# CEPM20140000021 Provide labor and materials to board up house per proposal dated 5/2/14 Total Due $ 325.00 Thank you for your business 416APAJ:01-101091, William J. Varian, CGR CAPS CGP President CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. TERESITA PINO Inv. John Santafemia Department Case No. CEPM20140000021 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 3 12 0.025 $0.90 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 $11.54 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 $62.54 TOTAL OPERATIONAL COSTS: $62.54 { COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130001292 Hearing Date: 6/20/14 Board of County Commissioners vs. Christopher S. Esenberg Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 3315 Guilford RD, Naples, FL; Folio 47871280009 Description: Addition/alterations made to structure without first obtaining a Collier County Building Permit. Past Order(s): On June 27, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4942 PAGE 3838, 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 3037, for more information. The violation has not been abated as of June 20, 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 to June 20, 2014 (28 days) for a total fine amount of$ 7,000.00 Fines continue to accrue. Previously assessed operational costs of$80.00 have been paid. Previously assessed operational costs of$63.38 have been paid. Operational Costs for today's hearing: $63.74 Total Amount to date: $7, 063.74 000,02. L‘unitti CobE eiv-ybkcErnmt aN8°0 NJ\A\:)■• )F-1-1/4 3 09 "fi-St' CES bac.ii3oxia ,0\ "LC\x-c62-- eoE ECETE Nt pc ce, ecy E., ) --;—&/2_ iCSUke_? / i'? 3 ')N C-C)-■ e_c_ oi3D , GeFok L pu 12,e.Aq, e 111 horn ' we/Ls rvi e) 16c - 6 6-2,oil tKa.e_ d as a 3 E61-/41, 111 pi20(302.+6 looKed 11. ke, du n ktptiz , atdIE-8, oe E":-/Q0)2-c-crheT11- +17) ee eZ.opek.+1( tda-S' UD 11) n 1-16)- 0 aocte, Ldet-rf to ±k, .\16-( td 1■31' to CO P.12-ez+ N icCh ty)e± N td uI to '-s-\--cc.61-- palANA\lit e- nr) easitt (e-a-r111 p € R-0 Unci---() oind too +he_ clayria_le,c1 o Lon ancl )2ernov1 ki h ef_cied 0 1-02,e, e- n e et nee a n cl Tel- ) eezge-c) de-IY■ p ela.sf,c 4y)--) ,4-11 p1 Cc4ou.: pcopIA€ cATT) 'to b op 6c5clt-h/ ) - --V;ka Et0( 11c,->erZ3 \dc--S 6 op e-fyb0 Cr..).Q.," } E. )nee_iz 37111\-K Pi I ik„,d Cliu'(TC„. et 4) 1') t s r +11 .ej Fp 12 0 t 12\ shocici be_--Fur\e,A )(41-) -r t:() ro,1 hak,c)act. --rc L.& infieic )1 0 u sO aaq nic.)\) e_ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130001292 Hearing Date: 6/20/14 Board of County Commissioners vs. Christopher S. Esenberg Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 3315 Guilford RD, Naples, FL; Folio 47871280009 Description: Addition/alterations made to structure without first obtaining a Collier County Building Permit. Past Order(s): On June 27, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4942 PAGE 3838, 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 3037, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between May 24, 2014 to June 20, 2014 (28 days) for a total fine amount of$ 7,000.00 Fines continue to accrue. Previously assessed operational costs of$80.00 have been paid. Previously assessed operational costs of$63.38 have not been paid. Operational Costs for today's hearing: $63.74 Total Amount to date: $7, 127.12 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130001292 Hearing Date: 6/20/14 Board of County Commissioners vs. Christopher S. Esenberg Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 3315 Guilford RD, Naples, FL; Folio 47871280009 Description: Addition/alterations made to structure without first obtaining a Collier County Building Permit. Past Order(s): On June 27, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4942 PAGE 3838, 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 3037, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between May 24, 2014 to June 20, 2014 (28 days) for a total fine amount of$ 7,000.00 Fines continue to accrue. Previously assessed operational costs of$81.i I have been . Previously assessed operational costs o r$63.38 have been paid. • Operational Costs for today's hearing: $6 Total Amount to date: $7, 063.74 INSTR 4864408 OR 4942 PG 3838 RECORDED 7/11/2013 11:38 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20130001292 vs. • CHRISTOPHER S. ESENBERG, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on June 27,2013,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Christopher S.Esenberg 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 in person 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 3315 Guilford Road, Naples, Florida 34112, Folio 47871280009, more particularly described as Lot 17, Block A, Guilford Acres, less and except the north 230 feet and the west 20 feet thereof,per plat Book 3,Page 59 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: Additions/alterations made to structure without first obtaining Collier County Building Permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, 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 180 days(December 24,2013). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by December 24, 2013,then there will be a fine of$250.00 per day for each day until the violation is abated. 1 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff s Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.00 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this .3 day of , ,J,, i 13 at Collier County,Florida. o DE EN•RCE ENT BOARD COLLIER CO . Y -L-ORIDA B /cr•ert auf I Chair 800 N•rt. •_____es s e Drive Naples jFlor •a 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �." The foregoing instrument was acknowledged before me this 3 day of _ ' , 2013, y Robert Kaufman,Chair of the Code Enforcement Board of Collier ounty,6lorida,who is V personally known to me or who has •,oduced a Fl• '•. Or' : 's License as identification. ;�'1414: KAREN GSAIL'-� ,{-.Y PUBLIC l' '; MY COMMISSION#EE8 �� c•.mmission expires: " ' EXPIRES February 14, • dsry;,. 40T)398.0+g3 FbriO&aot° Se v�°�` • CATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has b-en s= t by U.S.Mail to Christopher S. Esenberg,3315 Guilford Rd.,Naples,FL 34112 this 3 day of _; ,2013. /4 -- _ ' , M.Je4►'kawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board tc2 of Fl,:ri ".a 681 Goodlette Road N.,Ste.210 Naples, Florida 34102 County of COLLif R (239)263-8206 I HEREBY CERTIFY THAT this is,,a true and coifed d co,i of 3 docum.ent.onue I Boa rd . ,i ute; and tNe ,rds Qf Cotiie.r County 11`;x;+ c `n 11i(_gd GrtcI sI Jsa it-)is c. c. s .> "4 ;- ,, ER1�OF`' T E. �i;��,CK. COURTS' cy %N BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20130001292 Christopher S Esenberg Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 0,11,c51"0,9\ie r S. C SC o(-cr 9 , on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of1r lotices of Violation in reference (case) number CESD20130001292 dated the 4th day of February, 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 Jon( 07, �D13; 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 $ R31 a--) 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 1$0 days of this hearing or a fine of $ aso r0D 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,he provisions of this agreement and all costs of abatement shall be assessed to the property own . l espondent ortresentative (sign) - Diane Flagg, Director Code Enforcement Department Respondent or Representative ( nt) Date (—(725-13 Date REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20130001292 COLLIER COUNTY '^' BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ESENBERG,CHRISTOPHER S,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 27, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to [] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4942 PG 3838 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 12/26/13. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No building or demolition permit(s) obtained to abate the violation. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of December,2013. COLLIER COUNTY, FLORIDA •r E ENFORCEMENT BOARD Jeff etourneau _ Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)iand subscribed before me this 26th day of December,2013 by Jeff Letourneau ;(,\A k, � k/j (,�i 6�. Pi/ SHIRLEY�ARC�n of Not J Pu6Iic ` t' (Signature ) MY COMMISSION#FF 075053 " 4 * EXPIRES:December 21,2017 44 ON Bonded Thai Budget Notary Sery ices (Print/Type/Stamp Commissioned Name of Notary Public) Personally known INSTR 4952709 OR 5014 PG 3037 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, CASE NO.: CESD20130001292 vs. CHRISTOPHER S. ESENBERG, 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 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 120 days(May 23, 2014). The Respondent shall pay$63.38 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. i DONE AND ORDERED this 5 day off O'L& . !,2014 at Collier County,Florida. ' 0■E-ElcifORC EMENT BOARD COLLIER CO NTY, GlfIDA State of Florida c.,.. BY: _. If "' County of COLLIER e•-rt Kau man, % ai I HEREBY C `, l Ttiq tl-js s a true and 2891 North, to es oe Drive correct c5; }•r ^ ,enf q Tire in ! Naples, Fl• .a 34104 Boaro 3.utc, r f F' < _t—s ems`L ciiier County WJTYrTS1= in r�1c i; f c -real this day or N�ry;,.&Atli: DWIGHT;.E BROCK,.CLERI O=COURTS =MI5 , 1 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this S day of e-e A , 2014 y Robert Kaufman, Chair of the Code Enforcement Board of Collier County Florida,w s V personally known to me or who ha •roduced a Florida Driver's'L cense as ident fication. KAREN G BAIL r �� • ' ef) '�p ' lJ �►� = T: • ;,;- - MY COMMISSION Y PU B LI#EE875�� 1.!g-:f-4' EXPIRES February 14,20'YY commission expires: {407)39B-0153 FloddeNol.rySm Ace corn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Christopher S. Esenberg, 3315 Guilford Rd.,Naples, FL 34112 this 5 day of I- kl 2014. Ii . r - s M. Jir awson, Esq. Florida Bar No. 750311 681 Goodlette Road N., Ste.210 Naples, Florida 34012 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130001292 , . COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. ESENBERG,CHRISTOPHER S,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 June 27, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was toabate the violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5014 PG 3037 . 2. That the respondent did 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 following conditions. n 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(or-affirmed)and subscribed before me this-lay of I' A t_ 2014 by Eric Short C-7.1 NOTAR I l�l�i;'.i�,.-.�, �7is..�FPl,G1tIDA ( ignature of Notary blic) r i Adams t`'�` Commissinu EE005y69 Expires. JLNE 30,2014 (Print/Type/Stamp Commissioned Name of Notary Public) BONDED '' FT.T -BDND DIG CO.,RIC. Personally known CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. CHRISTOPHER S. ESENBERG Inv. Eric Short Department Case No. CESD20130001292 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 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 Imposition of Fines $63.74 TOTAL OPERATIONAL COSTS: $63.74 �-. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120015571 Hearing Date: 6/20/14 Board of County Commissioners vs. Geri Bradley Violation(S): Collier County Land Development Code 04-41, as amended, section 10.02.06(B)(1)(A). Location: 5220 40th ST NE,Naples, FL; Folio 39020880006 Description: A partially constructed home without completed Collier County building permits, inspections, and certificate of completion/occupancy. Past Order(s): On January 24, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4883 PAGE 3233, for more information. On April 25, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4917 PAGE 3014, for more information. On November 22, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5002 PAGE 1009, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$300.00 per day for the period between May 22, 2014 to June 20, 2014(30 days) for a total fine amount of$ 9,000.00 Fines continue to accrue. Previously assessed operational costs of$80.57 have not been paid. Operational Costs for today's hearing: $64.34 Total Amount to date: $9,144.91 INSTR 4796942 OR 4883 PG 3233 RECORDED 2/6/2013 4:49 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA 17"---1 18 DE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120015571 vs. RENE WILLIAM SHARPE, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 24,2013,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Rene William Sharpe is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5220 40th Street N.E., Naples,FL 34120, Folio 39020880006,more particularly described as the South 75 feet of the North 150 feet of Tract Number 24, GOLDEN GATE ESTATES, UNIT 45, as recorded in Plat Book 7,Page 30,of the Public Records of Collier County,Florida, is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(B)(1)(a)in the following particulars: A partially constructed home without completed Collier County Building Permits, inspections, and Certificate of Completion/Occupancy. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 60 days(March 25,2013). 2. That if the Respondent does not comply with paragraph 1-of the Order of the Board by March 25, 2013,then there will be a fine of$300 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this..>.) day of County,y � , t1• ,2013 at Collier Coun Florida. CODE E.ENF— .CEMENT BOARD COLLIER CO TY L•O F 1DA �B,Robert Kaufina CChhaiZr 2,805 NorthHifseshoe Drive Naples,F/loti'da 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �._ \. The foregoing instrument was acknowledged before me this_ day 2013,by Robert Kaufman, Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or V who has produced a Florida Driver's License as identification.'' 1. G „�Y Py CHRISTINA L URBANOWSKI I ` �. \ \� .L :a MY..OMMISSION#EE 142130 �, NOTARY PUBLIC { j��*ti; ' EXPIRES:November 22,2015 ^ My commission expires: " Bonded Thru Notary Public Underwriters ; CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Rene William Sharpe,5220 40th Street N.E.,Naples,Florida 34120 this day of ,2013. M.J.4 Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 .,..huitty of I HEREBY ^ERTIFY,THAT this ft a troa and :orrect cac y or"a.Cqcument on Ns is ioard Mini: as,' r .ifer-QrO3 Of Co4'Th& COW'1f fr "J ESS *w ma►nO anq-OffiC at seal Ns aay NIGHT is ;BFidt.K, CLERK of 00 /, / • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015571 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SHARPE,RENE WILLIAM,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 24, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation(s) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4883 PG 3233 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on March 26, 2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with any conditions of the Order . FURTHER AFFIANT SAYETH NOT. DATED this 26th day of March, 2013. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD cam- ( x15 W. Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER r\-) 2013 by Eric Short S. ern o or affirmed, a d subscri.ed before me this{ V1 day of ACA\ --- , y N\Not.. .1.i . At (Sig'nature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUSLIc s ? OF FLORIDA CC' - rawley• ,n Co 1.:E129317 Personally known ,., Etpi.. NE 07,2014 BONDEDTHRU 1TL:L\'TIC BO?;DU GCO,,IC, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20120015571 vs. INSTR 4835675 OR 4917 PG 3014 RENE WILLIAM SHARPE, RECORDED 5/8/2013 12:34 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondent REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on April 25,2013,on the Respondent's /""■ Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80, it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED for a period of 180 days(October 22, 2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this I day of , ,2013 at Collier County,Florida. CODE ENFOR EMENT BOARD State of Florida COLLIER COU TY, FLORID County of COLLIER _ I HEREBY CER` I 'c- `(thig'i-,$:. ,a true and Rort aufman,'C it/7 correct co t .d:xurRe a fidea 2800) rth Hors fsho ive ^Board T;;ifiir y.an q sQ 61lierCounty Naples, Florida34104 IIITI S i y air tict ._ ial dal this: / I . T • BRO, ',LCR-cpIrCO `TS= /-1 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this t day ofN1 , 20�13yby Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida who is V personally known to me or who has produced a Florida Driver's License as identification. ;: : KAREN G BAILEY _ �• "�; NOTA Y PUBLIC" "�� MY COMMISSION#EE875121 My commission expires: .' EXPIRES February 14,2017 4'9 o07)]98-015] FbrideNotsrySe,vVce.corn CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this 9RDER has e n sent by U.S. Mail to Rene William Sharpe,5220 40th Street N.E.,Naples,Florida 34120 this day off �kLi ,2013. a0/A---'' M. le.Dawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 P"'\ Naples, Florida 34102 (239)263-8206 • /*".\ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD t-0 CEB CASE NO.CESD20120015571 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Geri Bradley,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 April 25, 2013,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was granted an extension of time as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4917 PG 3014 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 23,2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The respondents have not yet completed all required inspections /--\ and have not obtained a certificate of completion/occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of October, 2013. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD _1)1/4..1- Z.--t?_' -: c&-----‘___ Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER `� Sworn to(or affirmed)and su ribed before me this,I.T�day of %C- 'J ,2013 by Eric Short �‘ 2otPa;,;�Bi,� NEIL C.DAY (Signature of N ry Public) • uIOgN u s#t F2F 6.04842 0177 7*','vt OamF�::":4 EXORhruESB:uAdget Notary services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known-Ni INSTR 4936618 OR 5002 PG 1009 RECORDED 1/22/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120015571 vs. GERI BRADLEY, Respondent ` _ J"--, ORDER ON-IvMO`ION FOR EXTENSIO. OI\TIME J THIS CAUSE came on or pt b ie-hearing o don Nq,ember 22,2013,on the Respondents' a ' ) (/ ! Motion for Extension of Time,and th' B. d av g pe c s'de' t e lather,and being duly advised in the premises,hereby GRANTS the saAlivlotion. ii`�� ` ORDER OF THE g0ARDf \•<1 ti N Based upon the foregoing,and'p, kt the authority to in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,it is her by tF . That the Respondents'Motion for Extension of Time is GRANTED for a period of six months(May 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 o ►`I,t. ) ,2014 at Collier County,Florida. Stale of Florida ODE ENFORCEMENT ARD ! _ � ORIDA County of COLLIER co _ I HEREBY CERTIFY TVA7 this a tile.and •' ufin17.o air correct copy.of 4,`44.umel1f:'ortVe rn 2800 orth Horse:'oe •''ve Board I`„iniit4ard R r :of Collier County Naples, WITNESS Efiy; a'3?iir_ tit l..seal this DWIGHT`E,8'•C1cGLERK OE OURTS f, fir *** OR 5002 PG 1010 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this F, day of _tWif , 201 4 obert Kaufman,Chair of the Code Enforcement Board of Collier Co n Florida, •• is V personally known to me or who has produced a Florida Driver's License as identification. r .L )aren -,, • 0 , KAREN G BAILEY NOTARY PUBLIC .?" My commission expires: V MY COMMISSION#i EE875121 '4' EXPIRES February 14,2017 +oT)X98.0153 Florldallotary9..k.0016 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true an .rd" offet 'Co a61} �0 RPER has been sent by U.S.Mail to Geri Bradley,5220 40th Street N.E.,Naples, ,I/ -this day o tt ii, 2014. 7 // - 101 iI . -an • . son,Escli `(1.--4\-"P( 1Q':• o.r OJ.11 ' A o �- ede of cement Board y,--) ,i6 dlette odlSt .210 ap lorida410 \ es(239)263$06 / l y COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015571 P.', COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Bradley,Geri,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Ralph Bosa, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn,deposes and says: 1. That on January 24, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [obtain all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4883 PG 3233 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [May 22nd, 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: [obtain all required Collier County Building Permits or t."N Demolition Permit through required inspection and certificate of completion/occupancy] FURTHER AFFIANT SAYETH NOT. DATED this [22nd] day of[May],2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Ralph Cosa Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this .' day of ( Ci ,2014 by Ralph Bosa ( ignature of Nota ub ic) NOTARY PUBLIC-STATE OF FLu: '.`• `terry Adams ` s Corn nis ion#EE005769 Commissioned Name of Notary Public) Expires: JLI- o 3, 2014(Print/Type/Stamp rY ) BOh'rJED 9'HRI:P.i1.A':i IC I'.,::1)iA`G CO.,INC.. Personally known J CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. GERI BRADLEY Inv. Ralph Bosa Department Case No. CESD20120015571 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 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120015319 Hearing Date: 6/20/14 Board of County Commissioners vs. Southwest Florida Rentals LLC Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 8085 Bayshore DR, Naples, FL; Folio 48783840002 Description: Permit number 20120203549 for interior remodeling Unit B expired without Collier County Permit. Also, interior remodeling of unit a being conducted without first applying for Collier County Building Permit. Past Order(s): On August 22, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4962 PAGE 792, for more information. On March 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 5025 PAGE 155, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between May 27, 2014 to June 20, 2014 (25 days) for a total fine amount of$ 6,250.00 Fines continue to accrue. Previously assessed operational costs of$80.29 have been paid. Previously assessed operational costs of$63.74 have not been paid. Operational Costs for today's hearing: $63.74 Total Amount to date: $6,377.48 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CASE NO.: CESD20120015319 vs. SOUTHWEST FLORIDA RENTALS, LLC. Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on August 22,2013,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law,and Order of the Board, as follows: 1. That Southwest Florida Rentals, 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, 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 8085 Bayshore Drive,Naples,FL 34112, Folio 48783840002,more particularly described as Lot 104, HALLENDALE,according to the plat thereof,as recorded in Plat Book 4,Page 25, 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)(I)(a) in the following particulars: Permit Number 20120203549 for interior remodeling Unit B expired without Collier County Permit. Also interior remodeling of Unit A being conducted without first applying for Collier County Building Permit. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(1)(a)be corrected in the following manner: 1. By obtaining all required Collier County Building Permits or Demolition Permit through required inspection and certificate of completion/occupancy within 180 days(February 18,2014). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by February 18, 2014,then there will be a fine of$250.00 per day for each day until the violation is abated. INSTR 4886361 OR 4962 PG 792 RECORDED 9/6/2013 10:22 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 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 all not stay the Board's Order. DONE AND ORDERED this a r day of � ,2013 at Collier County, Florida. i CO FOR EMENT BOARD- •LLI ER CO NTY, F OR-113A BY: 4i■sifl1GG/."-■ • • Kauf . air 2800 orth Hors= oe-D ive � N.• es, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J1 day of k • 2013,byRobert Kaufman, Chair of the Code Enforcement Board of Collier Count , Florida,who is ./7 personally known to me or who has :roduced a for 'a Driver's License as identification. Or Its LAI •• • KAREN G BAILEY NOT RY PUBLIC " �'= MY COS{ON ft EE875121 My commission expires: „_,:•c ••,±�•��, • EXPIRES MM{S February td,2017 CERTIFICATE OF SERVICE 4°7)3984's3 FlaeallotenSsvbe.aa^ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Southwest Florida Ren LLC., RA._Brian Mansour Rev. Living Trust,6604 Ridgewood Drive,Naples, Florida 34108 this?-1 day of ,2013. I ) 1 i M. JeanJ,Rawson, Esq. Florida Bar No. 750311 State of Florida Attorney for the Code Enforcement Board County of COLLIER 681 Goodlette Road N., Ste.210 Naples, Florida 34102 I HEREBY CERTIFY THAT this is a true and (239)263-8206 correct copy of a document on file in Board Minutes and Records of Collier County WIThSS myttand and official seal this day of` •z�1s WIGHT E BROCK,CLERK OF COURTS 2 BOARD OF COUNTY COMMISSIONERS, Collier County, Florida Petitioner, vs. Case No. CESD20120015319 Southwest Florida Rentals LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Brian Mansour on behalf of himself 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 CESD20120015319 dated the 10th day of October, 2012. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 22, 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 180 days of this hearing or a fine of$250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform'a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of ab- -ment shall be assessed to the property owner. Respondent or Representative (sign) tE06(- Jeff Wright, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015319 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SOUTHWEST FLORIDA RENTALS LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Michael Clark, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 24, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to abate the violation(s) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4962 PG 792 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 19,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: They did not complete required inspecitons and obtained the required certifcate of completion/occupancy within the time specified on the order. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of March, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 2/4/(1, Michael Clark Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25 day of M CX vi(rk ,2014 by Michael Clark R (Signature of Notary Public) +�1.•Y••:! .�% TERESA TOOLEY * ?pC�) * MY COMMISSION I FF 069279 u!P EXPIRES:November 7,2017 (PrintlType/Stamp Commissioned Name of Notary Public) 'EOF Fto� Bonded mru Budget Notary Services Personally known INSTR 4966223 OR 5025 PG 155 RECORDED 4/9/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120015319 vs. SOUTHWEST FLORIDA RENTALS,LLC. Respondent / ORDER O ®1, T(= FOR EX 'EteNS1ON OF TIME -- "` g Respondent's CAUSE came on for 'bile"'ea-ring before the Board q�•ITa�ryh 27,2014,on the Res ndent's Motion for Extension of Time. f �` .-. F .ID,i+G .t1E A , \I ii The Respondent request�lA exirasit'it e. 0-co FV\/;71)w tic ' 's Order. .' ORDER OF THE zbA' w../ Based upon the foregoing, p ant to the authority grant diin' hapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as ruerd4.4i Q .DERED: 1. The Respondent's Motion for Extension of Time is GRANTED for a period of 60 days(May 26, 2014). 2. The Respondent shall pay court costs for this hearing in the amount of$63.74 within 30 days(April 26, 2014). DONE AND ORDERED this 3t day of kirciA,2014 at Collier County,Florida. ODE ENFOR MENT ::: '40 ii Vpd' PA State of r lcriva 0, tfi County of COLLIER .L! 'V ' *bat aufm..i " I HEREBY.CE,,411J'i THAT this is a true and 2800 orth "o . Drive correct c e-gt a doc:tliite0 on file in N. es,Florida 3, 04 Boar ,41ir> tes a'td;f,?e.bord5-cf Collier County WITNESS ary h.an arid olfictal-seal this ` day,'ofr4:?404, Dpr.HT- :BOCK, 'K OF COURTS, VP' *** OR 5025 PG 156 *** ..---1 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this E day of irCIA- , 2014, Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. EE875121 �`�`Y PUBLI 44 l:;••.. KAREN G BAILEY NOT.p In MY COMMISSION#My commission expires: --%,' EXPIRES February 14,2017 00' 39s-oi 53 Fond Ma3rySr.ice cam PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance orson€irmation-of the satisfaction of the obligations of this Order may also be obtained at this location. r!.(c COT ,...• m �;----° \, APPEAL: Any aggrieved party may,' ,a final order of the Boa lo-the Circuit Court within thirty(30)days of the execution of the Order appeajed. cappeal shall not be a hearinI. de nbvo,but shall be limited to appellate review of the record created within'the prigtn1 eanng:--It-is-the sponsitjility f the appealing party to obtain a transcribed record of the hearing from he Clerk o oifrrts Filing\an Appeal wiitl not automatically stay the Board's Order. �5� �t CE1�TI I*A i ;Or,$ERYIICE I HEREBY CERTIFY at-$ a and coned copy of�his 01 1�J*'been sent by U.S.Mail to Southwest Florida Rentals,LLC.,•R . rian Mansour Rev.Li4i g T /b.6,04/Ridgewood Drive,Naples,Florida 34108 this 31 day of\Q.rart \,.20 ` `�V 0 \�0 ` �, : S ~,'� if f�vII��wsbn,Esq. 'Flonda Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 --ft., COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015319 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SOUTHWEST FLORIDA RENTALS LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Michael Clark, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 24, 2013, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5025 PG 155 . 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 the following conditions: The violation still remains FURTHER AFFIANT SAYETH NOT. DATED this 27th day of May,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD / 7i/ve Michael Clark Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Pq Sworn to(•r of rmed)and subscribed before me this Ly day of "-a"1 ,2014 by Michael Clark ignature of Notary ublic NOTARY PUBLIC-S'l:An;;?u'FLORIDA (Print/Type/Stamp Commissioned Name of Notary Public) ?`BAs _ Kern- C raj ;:l..uIlitTilSlo'! ^OOs7i� Expires' :i '_ D0,2014 Personally known an�.�s. TIFF CO,uvc. CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. SOUTHWEST FLORIDA RENTALS LLC, Inv. Michael Clark Department Case No. CESD20120015319 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 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 Imposition of Fines $63.74 TOTAL OPERATIONAL COSTS: $63.74 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130008710 Hearing Date: 6/20/14 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 not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between May 24, 2014 to June 20, 2014(28 days) for a total fine amount of$ 5, 600.00 Fines continue to accrue. Previously assessed operational costs of$79.73 have been paid. Operational Costs for today's hearing: $62.84 Total Amount to date: $5,662.84 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 I0.02.06(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. rte. 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 , day o''Cu a _ ,2014 at Collier County,Florida. ODE E 1 FO'CEMENT BOARD COLLIER •LINTY _e ' DA - y BY:'4; :,.rert Kauf. .n;Cp.ir 2810 North Hors- ,s.- •rive 1aples,.Flori a 4104 STATE OF FLORIDA ) ,,` )SS: COUNTY OF COLLIER) - The foregoing instrument was acknowledged before me this 5 day of Q.,I , 2014,,1fy Robert Kaufman, Chair of the Code Enforcement Board of Colli;r County, Flo ida,who is PTh / personally known to me or who has oroduced a F • '.a Driver'--Licen e as identification. S." • 4 , , I ..4:4.144: KAREN G BAILEY NOT- •Y PUBLIC `c MY COMMISSION#EE875121 My commission expires: ';•.+ !!E-a, ;„- EXPIRES February 14,2017 (4o7i 39B-0159 FiorioallotarySr. 'ice.C°' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of his ORDER has been sent by U. S. Mail to Alfred Diaz,2648 Van Buren Avenue,Naples,Florida 34112 this day of r `ai,2014. M. Je.'Rawson, Esq. Flori . 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-CERT ;Y STN ,T,,Yhis.is a true and correct dopy ali.documentT fsile ir ., Board Miriutes-and:f ecor of COIlier County W,gS i h I ad"offi t a s el this ,-t of ia Zo( `-y DWIGHT E�BROCl. LERK ORcOURTS .13 t C��, Ate. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. - Case No. CESD20130008710 • Alfred Diaz Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, A/fy , 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 93/d01; 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% .7f 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 1.k7 days of this hearing or a fine of $ 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 Sheriffs Office to enforce the provisions of this agreement and all costs of . -ment shall be assessed to the property owner. Respo dent or Representative (sign) ro r i/eff Wright, Director Code Enforcement Department /4( ff �� / /07 .x /// Respondent or Representative (print) Date CI Date REV 7/8/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130008710 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 med)and subscribed before me thistD1 day of (NA G�`.A ,2014 by Eric Short etgignature of Notaih Public) <r NOTA `LORIllA rry NOTARY 'FLORIDA .Ke Commission+ EE00S769 (Print/Type/Stamp Commissioned Name of Notary Public) = =Expires. JUNE 30,2014' BONDED THRU A"ri.A.;TiC 7n∎r,L^, co INC. Personally known\f �1 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ALFRED DIAZ Inv. Eric Short Department Case No. CESD20130008710 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 �., COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130006171 Hearing Date: 6/20/14 Board of County Commissioners vs. Iris Labrie Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 266 6th ST W, Bonita Springs, FL; Folio 55901120005 Description: Permit PRBD20120101674 expired without obtaining Certificate of Completion. Past Order(s): On March 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 5025 PAGE 168, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between May 27, 2014 to June 20, 2014 (25 days) for a total fine amount of$3,750.00. Fines continue to accrue. Previously assessed operational costs of$63.74 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $3,876.28 INSTR 4966228 OR 5025 PG 168 RECORDED 4/9/2014 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130006171 vs. IRIS LABRIE, Respondent FINDINGS-OF-.EACI CONCLUSIONS OF LA -tN,ID'(5kDEIU:P_ E.BOARD THIS CAUSE came on for public heal g)efore the Board on March-24-21114,, and the Board,having heard testimony under oath,received evidence1 d_heard�espective to all app ppn (e matters,thereupon issues its Findings of Fact,Conclusions of I�aw,�d brde of e o •',follows.\ \1 �„\ 1. That Iris Labrie is the owner/fo e` b�ape r) (r 2. That the Code Enforce � t �' i t� .:S the oil ofttfieAte ondent and that the Respondent,having been duly no`iLfr$ failed to appear at the ublic aring` e 3. That the Respondent was'titi of the date of hearing riyc rtifien ail and by posting. {� \ / L,, 4. That the real property located 09:etk.Street W.,Bonita-S 'ins ,Florida 34134,Folio 55901120005, more particularly described as Lot 18,BI E�;';; KORSHORES,UNIT 2,according to the plat thereof,recorded in Plat Book 3,at Page 79, bl c 4 .G oilier County,Florida,is in violation of Ordinance 04.41,as amended,the Collier County Land Development Code,Section 10.02.06(BXIXa)in the following particulars: Permit PRBD20120101674 expired without obtaining Certificate of Completion. 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 10.02.06(BXl)(A). 2. That the Respondent must obtain all required Collier County Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 60 days(May 26,2014)or a fine of$150.00 per day will be imposed until the violation is abated. 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 *** OR 5025 PG 169 *** 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$63.74 within 30 days(April 26,2014). 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. nn DONE AND ORDERED this 'J! day of ►'IQYC-1/ ,2014 at Collier County,Florida. ♦•DE ENFOR• MENT BOARD OLLIER CO TY,FL•'. : • T•.•rt Kau' 2804 North 0.7.1.. Drive s Dies lorida .4104 STATE OF FLORIDA ))SS: -V-k s COUNTY OF COLLIER) �( ; \ The fore oing instrument was acknowl,e�dgcdibcfgre�e tFi s ` f``day of�QVI , 2014 Robert Kaufman,Chair f the g .e,Fof+4. - en Board of Colli Co ty,Florida,who is personally known to me r w pfhas • ••uc,.. . 0- 11 ' is icense as identification. —S 4 1 .'• *; - �+^'.k,'••. KAREN G BAILEY NO ARY P IC / 7147'-' , - 1 '?'• 'c MY COMMISSION#EE875121 My commission eX 1res: if . :. .; ,it.) m / =,•.,;;;,;- EXPIRES February 14.2017 �'- �(i/ 1AOT)395-01 c] Fbr;EsVoterySe Ace cam PAYMENT OF FINES: Any fines o deb paid pursuan leer may be paid at the Collier County Code Enforcement Department,2800 No rh,'Ips s Dap-'I,,F`L 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance oreot rmkion�-th'e 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 Iimited 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 has been sent by U.S.Mail to Iris Labrie,P.O.Box 2365,Bonita Springs,Florida 34134 this 5. day of Apr C.q 2014. State of Florida Art . County of COLLIER M.Jeaf •awson,Esq. T'this is a true and Florida Bar No.750311 I HEREBY CER 4'D ej Attorney for the Code Enforcement Board correct copy of- sloeume>?fbr,Tiite in 681 Goodlette Road N.,Ste.210 Board h lir;uks•an¢ ec ds-Of Copier County Naples,Florida 34102 WITN&Stiy 131ndln–d ot`ficial seal this (239)263-8206 ;OK: ERKOF.COURTS DWI �B i 1 I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130006171 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. LABRIE,IRIS,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 March 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 abate the violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5025 PG 168. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 28, 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: permit remains in expired status FURTHER AFFIANT SAYETH NOT. DATED this 28th day of May, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD INA;13..t Michele Mcgonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 28th day of May,2014 by Michele Mcgonagle (Signature of Notary P blic) a'rw% i IE30,70id (Print/Type/Stamp Commissioned Name of Notary Public) ao*mFD Personally known i-� COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130011211 Hearing Date: 6/20/14 Board of County Commissioners vs. Rafael Barrios Montero, Tomas B Avila Reyes, & Ricardo Abril Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and the 2010 Florida Building Code, Chapter 1, Section 105.1. Location: 1281 25th ST SW,Naples, FL; Folio 37347080002 Description: A shed, fence, and two aluminum structures built in the rear yard without first obtaining all required permits. 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 3615, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between May 29, 2014 to June 20, 2014(23 days) for a total fine amount of$ 3,450.00. Fines continue to accrue. Previously assessed operational costs of$64.64 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $3,577.18 INSTR 4958305 OR 5018 PG 3615 RECORDED 3/21/2014 9:36 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.:CESD20130011211 vs. RAFAEL BARRIOS MONTERO,TOMAS B.AVILA REYES AND RICARDO ABRIL, Respondents, FINDINGS.DF-FA- --CONCLUSIONS OF LAW1A 'C dE�R(�1 FIE BOARD THIS CAUSE came on for public hea� ii b6fore the Board on Febru ;,2014,and the Board,having heard testimony under oath,received evicdnce nd i-. d respective to all ap*roprie matters,thereupon issues its Findings of Fact,Conclusions of l.taw, fid o ._ of the-Board„ follows 1 1. That Rafael Barrios Mo tero o a::f4�ia e - .no. rc r brit re the owners of the subject property. 4--() 2. That the Respondents w ce n ti iieii of the ate o`M. ;ng by^ce�ire tilail and by posting and the Code Enforcement Board has jurisdicti --of is matter. 3. The Respondents,having b8vf lul- notified,failed to appear/t tie ublic hearing. 4. That the real property located at I.2B9 2/,.;t� �dV pl Florida 34117,Folio 37347080002,more particularly described as the South 180 feet of`T ct�`ALQ3G @l��:N,` ATE ESTATES,UNIT 15,according to the map or plat thereof as recorded in Plat Book 7,Pages alid-76,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)and the 2010 Florida Building Code,Chapter I,Section 105.1 in the following particulars: A shed,fence,and two aluminum structures built in rear yard without first obtaining all required permits. 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 Respondents are in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(B)(1)(A)and the 2010 Florida Building Code,Chapter 1,Section 105.1. 2. Respondents must abate the violation by obtaining all applicable Collier County Building Permits or Demolition Permit,inspections and Certificate of Completion/Occupancy within 90 days(May 28,2014)or a fine of$150.00 per day will be imposed for each day the violation remains thereafter. 3. 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 *** OR 5018 PG 3616 *** 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 Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$64.64 within 30 days(March 29,2014). 5. 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 t l day offlela.VCJk,2014 at Collier County,Florida. • NFS• MENTBOARD COLLIER CO -TY,FLO•ID •..ert aufma i aii" 2800 orth H. - •• 'rive Naples,Flo 'da 04 STATE OF FLORIDA ) / � Cobh COUNTY OF COLLIER))SS. �iJ/`�� The fore ing instrument was ac owl ge bore ine this- da of\f\J1&,CC_IA- , 201 , y Robert Kaufman,Chair pfth Code Enfot�cenle Board •f Collie County,Florida,who is personally known to me r Jf h rpt j� c tl. ". 3' 's 'cense as identification. /. i: L :� �ri� '%ty KAREN G BAILEY 7fi to PtTB ft'! •= MY COMMISSION#EE875121 My commission e v.'yes: '�+ '''d EXPIRES February 14,2017 (107)398-0153 FbddaNnurySe•vice oon PAYMENT OF FINES: Any finesNoqlertxkto be paid pursuant to t1T}}ss 01 may be paid at the Collier County Code Enforcement Department,2800 N..Rt i eshoe Drive,NN�appl ./'4104 fax#(239)252-2343. Any release of lien or confirmation of compliant or qn atton-"f`th a faction of the obligations of this Order may also be obtained at this location. d` �~3t` 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 has been sent by U.S.Mail to Rafael Ba ios Montero,Tomas B.Avila Reyes and Ricardo Abril, 1281 25`s Street S.W.,Naples,FL 34117 this U. day of O-(GV\ ,2014. State of Florida M.Je awson,Esq. County of COLLIER Florida Bar No.750311 Attorney for the Code Enforcement Board I HEREUI TJWY TH tT this is a true and 681 Goodlette Road N.,Ste.210 correct copy'of a ti4 uT3ent on file in Naples,Florida 34102 Baard1 utes.and,Rece ds of Collier County (239)263-8206 V�f fi ES and end official seal this -^� ''.10141Njelapf igitANZ3-Ot• • HT E •OCK C)_ RK OF.000RTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130011211 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. MONTERO,RAFAEL BARRIOS TOMAS B AVILA REYES RICARDO ABRIL,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Christopher Ambach, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 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 obtain all required permits or demolition permits, all inspections and a Certificate of Completion as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5018 PG 3615 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 5/29/14. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The violations remain. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of May, 2014. COLLIERXQUNTY,FLORIDA CODEIFOR%%EMENT BOARD Christopher Ambach Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 2it day of IRC,(. L ,2014 by Christopher Ambach . _gnature of N tary Public) ° .- �� SHIRLEY GARCIA A if ir MY COMMISSION#FF 075053 r, .:iq.1: -' EXPIRES:December 21,2017 (Print/Type/Stamp Commissioned`ame of Notary ITIOliC) Sery ices Personally known 4 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RAFAEL BARRIOS MONTERO, TOMAS B AVILA REYES, AND RICARDO ABRIL Inv. Christopher Ambach Department Case No. CESD20130011211 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 3 12 0.025 $0.90 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 $11.54 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 $62.54 TOTAL OPERATIONAL COSTS: $62.54 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130015849 Hearing Date: 6/20/14 Board of County Commissioners vs. Cletus W. & Virginia D. Tigner, & Nancy Williams Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 59 Moorhead Manor, Naples, FL; Folio 60583400002 Description: Windows replaced on the mobile home addition without valid Collier County Permits. Past Order(s): On March 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 5025 PG 157, for more information. The violation has been abated as of June 12, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between May 27, 2014 to June 12, 2014 (17 days) for a total fine amount of$ 2,550.00. Previously assessed operational costs of$64.04 have been paid. Total Amount to date: $2,550.00 The County is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130015849 Hearing Date: 6/20/14 Board of County Commissioners vs. Cletus W. & Virginia D. Tigner, & Nancy Williams Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(A). Location: 59 Moorhead Manor,Naples, FL; Folio 60583400002 Description: Windows replaced on the mobile home addition without valid Collier County Permits. Past Order(s): On March 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 5025 PG 157, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between May 27, 2014 to June 20, 2014 (25 days) for a total fine amount of$ 3,750.00. Fines continue to accrue. Previously assessed operational costs of$64.04 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $3, 876.58 INSTR 4966224 OR 5025 PG 157 RECORDED 4/9/2014 9:22 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.:CESD20130015849 vs. CLETUS W.TIGNER,VIRGINIA D.TIGNER,AND NANCY WILLIAMS, Respondents ND 6t OF FACT CO f'toNS /O -).''W AND ORDER OF TH I D / L THIS CAUSE came on for publiciheart g before • e B•• d on rch 27, .0I4, nd the Board,having heard testimony under oath,received a iden •,: e r+ s e a l-a eo:Slate afters,thereupon issues its �., Findings of Fact,Conclusions of LawW an V 0 •er ft e •a as f loo\ ! l 1 1. That Cletus and Virgini D"�Ti a s argil e•n, r5 f the subject property. g trc. - ,�y subject 2. That the Code Enforcemetrt" lard has jurisdiction ofila;�A' eIn/ Respondents and that the Respondents,having been duly notif e _aid not appear at the publiz)ear n 7 3. That the Respondents were notifectialtie-,date of heari4o.srlified mail and by posting. 4. That the real property located at 59 Moor t;ad Manor, ,:aaples,Florida 34112,Folio 60583400002,more particularly described as Lot No.59 of Moorhead Manor Mobile Home Park,(Legal Description:MOORHEAD MANOR(COOP)LOT 59)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: Windows replaced on the mobile home addition without valid Collier County Permits. 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 Respondents are in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(B)(1)(A). 2. That the Respondents must obtain all required Collier County Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 60 days(May 26,2014)or a fine of$150.00 per day will be imposed until the violation is abated. *** oR 5025 PG 158 *** 3. 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. 4. The Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$64.04 within 30 days(April 26,2014). 5. 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 3, day of MarCiA,2014 at Collier County,Florida. Cis DE ENFO' •._■. BO: 'at COLLIER •• • I R1DA 0n. : � ► �..-'.` :+�.. .au�!!! ' it ,- :a i �`. .o •oe Drive �,^��✓ Na. , 'ir,',.��•104 STATE OF FLORIDA ) (,/ 7 )SS: COUNTY OF COLLIER) /7 �-- ``°� The foregoing instrument was ac no le o Tel: _ C7 day f1/►11►j C.(n... , ^ 2014 y Robert Kaufman,Chair'of 0.e of regime Bits o o if Fourity,Florida,who is personally known tome r, as'. .. Mori, 'TS-License as identification. s/�• G m ..................:-/. .7. KAREN G BAILEY NOT RY PUBL1•, / l r �'�' MY COMMISSION#EE875121 My commission expires'' L)x ..•�� y ! .gip; EXPIRES February 14,2017 ` r,,,—K v:.,„ 1107;3911-0153 FbodaVaterySe vice oom PAYMENT OF FINES: Any fines order o :`;i,. c `uan 1iis der may be paid at the Collier County Code Enforcement Department,2800 North Hors..1 6e DriteNaples,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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Cletus and Virginia D.Tigner and Nancy Williams,59 Moorhead Manor,Naples,Florida 34112 this 3 I day of YLV1 2014. 7 ate, State of Florida M.Jeawson,Esq. County of COLLIER Florida Bar No.750311 I HERE,tP;V:riFY✓THAT this is a true and Attorney for the Code Enforcement Board ` 681 Goodlette Road N.,Ste.210 ccrrt f .Ifrr htc f editor County Naples,Florida 34102 �� ;.r., r n= (239)263-8206 nr-�S� ;,'`,". seal this r;; -:.:•.,,_,.,,,,i,11 y • I. . T, ..J6nOCK ER K OF COURTS I`\' 1 ►� COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130015849 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. TIGNER,CLETUS W&VIRGINIA D NANCY WILLIAMS,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 March 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 abate the violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5025 PG 157. 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(or affirmed)and subscribed before me this a J day of (VA ,2014 by Eric Short ignature ofld6/ Notary e ry oamS NOTARY PIBiIC-`7i FLORIDA of Commission EE005769 :Expires: JUNE 30,2014 uONTDFJ THRU hTLANTIC BONDING CO.,INC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 5 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130015849 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. TIGNER,CLETUS W&VIRGINIA D NANCY WILLIAMS,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 March 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 abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5025 PG 157 ,et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 12,2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining Permit number PRBD20140408565through certificate of completion and Finaled on June 12,2014. FURTHER AFFIANT SAYETH NOT. DATED this 16th day of June,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD v, et.: ,(„..y7-- W.Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER //' T Swo to(or affirmed)and subscribed before me this r 4 day of _/1_.0 -�- ,2014 by Eric Short (Signature of Notary Pub 'c c e.:1:P�9G INDIRA RAJAH (Print/Type/Stamp Commissioned Name of Notary Public) ` MY COMMISSION It EE 126592 * . i_ , * 141 ?, EXPIRES:December 7,2015 Personally known 1i `%0F F,pe-P Bonded Thru Budget Notary Services COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20140004169 Hearing Date: 6/20/14 Board of County Commissioners vs. Manuel Lorenzo Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 2620 2nd ST NE, Naples, FL; Folio 37696560008 Description: Modified grow house with garage destroyed by fire. Past Order(s): On April 24, 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 5039 PAGE 3258, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$500.00 per day for the period between May 25, 2014 to June 20, 2014 (27 days) for a total fine amount of$ 13, 500.00. Fines continue to accrue. Previously assessed operational costs of$65.24 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $13,627.78 INSTR 4985255 OR 5039 PG 3258 RECORDED 5/21/2014 11:56 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20140004169 vs. MANUEL LORENZO, Respondent FINDINGS OF FACT,CONCLUSIONS OF LAW AND—O R-0F THE BOARD THIS CAUSE came on for public hemp Board on #y' 114,and the Board,having heard testimony under oath,received evidences, eard respective to all ?ate matters,thereupon issues its Findings of Fact,Conclusions of , Order of the as folio : 1. That Manuel Lorenzo is e o er of the - .'.1"" .roa . 2. That the Code Enforce 'ent Road h j j" • •a a a..th). ski 'of he Respondent and that the Respondent,having been duly n COI, S l..•: u .ublic_ .1'a 1; person. f 3. That the Respondent was\ ed of the date of hearin 'J,y c. ' land by posting. 4. That the real property loca $t 0 2°d Street N.E.,Naples" lama,34120,Folio 37696560008,more particularly described as the South 180 89,Unit 22.., a'ee►D y+ GATE ESTATES,according to the Plat thereof,recorded in Plat Book 7,Pages 83 83,1 Ithe �,�E:• 4rdfs of Collier County,Florida is in violation of Ordinance 04-41,as amended,the Collier Count - 1eveidpment Code,Section 10.02.06(13 X1XA)in the following particulars: Modified grow house with garage destroyed by fire. 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 10.02.06(BX I XA). 2. That the Respondent must obtain all required Collier County Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 30 days(May 24,2014)or a fine of$500.00 per day will be imposed until the violation is abated. 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 Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. *** OR 5039 PG 3259 *** 4. The Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$65.24 within 30 days(May 24,2014). 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 of 2014 at Collier County,Florida. CODE ENFORCEMENT BOARD Ce IERC• , •RIDA '9 ' rot, Kauu,:r* pair 281■ No • 'r-eshoe Drive Naples, • • da 34104 STATE OF FLORIDA ) COUNTY OF COLLIER))SS �ff 00 f The fo oing instrument was ackno edgd s-fore me this l da', t + 1/, , 2014 y Robert Kaufman,Chair o e •'e-Enfo -ment Board of Cob'er Runt,Florida,who is personally known to me o e-has...•s ucW. , .. Dn er's\ icense as identification. f , � /..�'„g �: 0 ; : KAREN G BAILEY N• T I: , \ `� •'ti: 'li MY COMMISSION#EE875121 (^,, 4 ' 'ls i' ll Jcpire �_ '?;M1'' EXPIRES February 14,2017 � 1007;•395.4153 Flo,idaNOterySe.vice.com PAYMENT OF FINES: Any fin ered to be paid pursuarlq this Order t t:y be paid at the Collier County Code Enforcement Department,28 Horseshoe Drive, i . .`,fax#(239)252-2343. Any release of lien or confirmation of co " ian or confirmation of the ..1.• ' on of the obligations of this Order may also be obtained at this location. , 1 K � APPEAL: Any aggrieved may appeal a Tl sit,e�^a1 the--Bbaarr'd to the Circuit Court within thirty Y t� party Y aPPeS rty(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 ORDEIR has been sent by U.S.Mail to Manuel Lorenzo,2620 2ed Street N.E.,Naples,Florida 34120 this 1 day of t ,2014. �4 Rawson,Esq. State of Florida orida Bar No 750311 CountycejOillER,. Attorney for the Code Enforcement Board • '�. 681 Goodlette Road N.,Ste.210 1 HI~Ftt&Y CE F.Y'TF'{AT this is a true and Naples,Florida 34102 erect cops of a d,Oci moij on file in (239)263-8206 Baard.Minutes and eGor s of Collier County 'n • S'my hard-arrd official seal this old.•' +ay of L.II L( IGHT•E, OCK,,CLERK OF COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20140004169 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. LORENZO,MANUEL,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 April 24, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 30 days (May 24, 2014) as stated in the Order recorded in the public records of Collier County, Florida in OR 5039 PG 3258. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 26, 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: No new permit applications. FURTHER AFFIANT SAYETH NOT. DATED this '1-') day of June, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD James 0 avis Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this (P day of June,2014 by James Davis �Qlls��J� `'SCSZ}r�� (Signature of Notary Public) 4-Y•a� •.�� TEFlESATOOLEY * t_ * MY COMMISSION#FF 069279 . " EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) v'>;0;,,cQ Bonded Thru Budget Notary Services Personally known Ai CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. MANUEL LORENZO Inv. James Davis Department Case No. CESD20140004169 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 Fee s Pages Copies Per Page Black&White 3 12 0.025 $0.90 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 $11.54 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 $62.54 TOTAL OPERATIONAL COSTS: $62.54 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130014562 Hearing Date: 6/20/14 Board of County Commissioners vs. Robert A. & Beverly J. Hemphill Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 222 1st St, Bonita Springs, FL; Folio 55851360009 Description: Metal 8 x 8 shed(s) with unpermitted plumbing and electrical facilities for laundry and other uses. 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 3050, for more information. The violation has been abated as of May 27, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period between April 24, 2014 to May 27, 2014 (34 days) for a total fine amount of$3,400.00 Previously assessed operational costs of$80.29 have been paid. Total Amount to date: $3,400.00 The County is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. INSTR 4952714 OR 5014 PG 3050 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.: CESD20130014562 vs. ROBERT A. AND BEVERLY J. HEMPHILL, Respondents, 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 Robert A. and Beverly J. Hemphill are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 221 1st Street,Bonita Springs, Florida 34134, Folio 55851360009, more particularly described as Lot 7,Block B,of that certain subdivision known as LITTLE HICKORY SHORES, UNIT 1, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida, in Plat Book 3,page 6, is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code, Section 10.02.06(B)(l)(a) in the following particulars: Metal 8 x 8 sheds with unpermitted plumbing and electrical facilities for laundry and other uses. 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 90 days(April 23,2014). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 23, 2014, then there will be a fine of$100.00 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$80.29 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 5 day of 'I . ,2014 at Collier County, Florida. 11 Ce e E FO' EMENT BOARD COLLIER COI TY CDA y — r BY: ii1 — Ro.e Kau'ma'Cha�})' /2801 orth Hai-es.de Drive // N..les, F1ori.. 4104 STATE OF FLORIDA ) / )SS: COUNTY OF COLLIER) n The foregoing instrument was acknowledged before me this Sj day of rt , 2014/,by Robert Kaufman,Chair of the Code Enforcement Board of olli;r County, .rida,who is ✓ personally known to me or who ha produce. : orida D 'ver's License as identification. OA '-'Ll % 11 )/ ,-;; ; KAREN G BAILED NO ARY PUBLIC '',' .°: MY COMMISSION#EE875121 My commission expires: ?..-W- '�� EXPIRES February 14,2017 I;,on 30.0153 Ftor,dmNelary9< ice cot^ RTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert . . and Beverly J. Hemphill, 3575 Bonita Beach Road, Bonita Springs, Florida 34134 this 5 day of it L4 A, 2014. M. Je awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board State of Florida 681 Goodlette Road N., Ste. 210 County of COLLIER Naples, Florida 34102 (239)263-8206 I HEREBY CE? lfYIPHAT his`is a true and correct copy`cf`a-docuirlei t&ft,,file in Board Niltallt�s and ds of copier County WiTNES�I y in r o and Iffticlial seat this .-.I4ri ` fray of �il�Yt it- i 4 DWIGHT/ Ems. ROC-1‹ RK COURTS 430, II '. BOARD OF COUNTY COMMISSIONERS ,—,Collier County, Florida Petitioner, vs. Case No. CESD20130014562 Robert A. & Beverly J. Hemphill Respondent(s), rr STIPULATION/AGREEMENT COMES NOW, the undersigned, V�� -L, 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 CESD20130014562 dated the 16th day of October, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for Mitt; 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. Metal 8 x 8 shed(s) with unpermitted plumbing and electrical facilities for laundry and other uses -THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 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 °I.D days of this hearing or a fine of $ 100 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 b- assessed to the property owner. • 41// Respondent or Representative (sign) Jeff -ig , Director • Code Enforcement Department Respondent or Representative (print) Date 1 Date REV 1/4/12 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20130014562 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HEMPHILL,ROBERT A&BEVERLY J,Defendant(s) AFFIDAVIT OF 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 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 3050, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 27, 2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance on May 15,2014 by obtaining a permit and certificate of completion. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of May, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Michele Mcgonagle Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirn d)and subscribed before me this 28th day of May,2014 by Michele Mcgonagle NOTARY PtiBLi A O Ft Jl:i A (Sig ature ofNota Public) °" K y Adams E005,6. H c Comrrussior # Exoires: JUNE 30,2014 (Print/Type/Stamp Commissioned Name of Notary Public) -0i` �� ?` "0NDING r0'�JUNE Personally known'I COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130003068 Hearing Date: 6/20/14 Board of County Commissioners vs. Kenneth Alan Blake & Dorothy R. Blake Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 1391 11th ST SW, Naples, FL; Folio 45847720003 Description: Screen room which was converted into a fully enclosed living space without the required Collier County Permits. 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 PG 3611, for more information. The violation has not been abated as of June 20, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between May 29, 2014 to June 20, 2014 (23 days) for a total fine amount of$ 5,750.00 Fines continue to accrue. Previously assessed operational costs of$64.04 have not been paid. Operational Costs for today's hearing: $62.54 Total Amount to date: $5, 876.58 INSTR 4958303 OR 5018 PG 3611 RECORDED 3/21/2014 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130003068 vs. KENNETH ALAN BLAKE AND DOROTHY R.BLAKE, Respondents, FINDINGS_Q&FAe-1-CONCLUSIONS OF LLA-WAIF, '6kDElkrb '3 E BOARD THIS CAUSE came on for public hea i ts�fore the Board on Fehr 014,and the Board,having heard testimony under oath,received evi encet,and herd respective to all ap o to matters,thereupon issues its Findings of Fact,Conclusions of I aw, d`Qcd of t'tre-Boar , follows. That Kenneth Alan Bla a an / o[ttga rie s�f e s bj. That the Respondents v q' iad h e i) flgl:::flg and the Code Enforcement Board has jurisdictt t>°of tht after. 3. The Respondents,having et duly notified,did not ap ar it the b tc hearing. 4. That the real property locate d`0t;1 9 t 1th Street S.W.,Nap'1 s;,F,orida 34117,Folio 45847720003,more particularly described as the South 105 feet��bf1)a j •S-GOL I G ESTATES,UNIT No. 193,according to the map or plat thereof as recorded in Plat Bobk.:.7 P e+(_0.d, the Public Records of Collier County,Florida,is in violation of Ordinance 04-4I,as amended,the Collier County Land Development Code,Section 10.02.06(B)(1)(a)in the following particulars: Screen room which was converted into a fully enclosed living space with the required Collier County Permits. 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 Respondents are in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(B)(1)(a). 2. Respondents must abate the violation by obtaining all applicable Collier County Building Permits or Demolition Permit,inspections and Certificate of Completion/Occupancy within 90 days(May 28,2014)or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. 3. 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 *** OR 5018 PG 3612 *** 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 Respondents are 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. 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 It day of WON- ,2014 at Collier County,Florida. CI1 - '-:- EMENT BOARD OLLIER CO. TY, LO. s BY: i:y. fe�� li'e, Kaufma t 801 orth p.I,e Drive .les,F did. 4104 STATE OF FLORIDA ) /! f', 10 )SS: // �v ' Lr�, COUNTY OF COLLIER) t/ 1/ / ` , n,� r_ The fore ing instrument was ackiwl ge re rhre'thisA day of MO.(CA 2014 y Robert Kaufman,ChairiSf th Code Enfol`ceme"1i Board ,f Collier Cou�7ty,Florida,who is ." `� C d---� r."e 1 personally known to me r j . tras: :d cad . t. datDr' er's L'cense as identification. f I ! t 0. �1, ' Rr _--.00J mi.Il'_/ KAREN G BAILEY NO P x I' MY COMMISSION it EE875121 My commission eyes: : � EXPIRES February 14,2017 f I/,O. dOT�798.015] Fbridallote Strokes ' PAYMENT OF FINES: Any fines\ler to be paid pursuant to This O: i'er ma . .. . a e oilier County Code Enforcement Department,2800 Not' b eshoe Drive,N)p1 4104,fax#(239)252-2343. Any release of lien or confirmation of complia c or" nn ti, f k�a xsfaction of the obligations of this Order may also be obtained at this location. `` -f ,f C 113,2-- 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 has been sent by U.S.Mail to Kenneth Alan Blake and Dorothy R.Blake, 1391 1 lth Street S.W.,Naples,Florida 34117 this l\ day of Movr v∎, 2014. State of Florida County of COLLIER M..le Rawson,Esq. Florida Bar No.750311 I HEREBY CERTIFY�THAT:this is a true and . Attorney for the Code Enforcement Board correct popy`:of'a docu rit 'file.in �� 681 Goodlette Road N.,Ste.210 Board Minutes an.kRe'eards.Qf%fjerCounty Naples,Florida 34102 WI NESS my hand and L Qfticlal'sea ie- (239)263-8206 day ofttat! � : �i WIGHT ROCK,CLERt( g0,:f ,, . ;:..:;.. • 4a.Slill�.,t•,a COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130003068 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. KENNETH ALAN&DOROTHY R BLAKE,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 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 obtain all applicable Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy WITHIN 90 days as stated in the Order recorded in the public records of Collier County,Florida in OR 5018 PG 3611. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 28,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No new permit applications. FURTHER AFFIANT SAYETH NOT. DATED this 4th day of June, 2014. COLLIER COUNTY,FLORIDA CODE ENF P RCE ENT BOARD 1 James Da is Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swor to(or irmed)and su cribed before me this 4th day of June ,2014 by James Davis :t nattzrle of Not ublic 6"":7,.0,.....p-k, SHIRLEY GARCIA (t,j ' * Lt, * MY COMMISSION if FF 075053 tilli EXPIRES:December 21,2017 N',-e. „ot r Dewi Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. KENNETH ALAN & DOROTHY R BLAKE Inv. James Davis Department Case No. CESD20130003068 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 3 12 0.025 $0.90 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 $11.54 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 $62.54 TOTAL OPERATIONAL COSTS: $62.54 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120015628 Hearing Date: 6/20/14 Board of County Commissioners vs. Fabricio & Allison J. Fernandez Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 5472 32nd AVE SW,Naples, FL; Folio 36457240005 Description: Unpermitted shed/cabana type structure in backyard at this location. Past Order(s): On March 28, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4909 PAGE 3209, 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 2510, 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 3019, for more information. On April 24, 2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5039 PAGE 3246, for more information. The violation has been abated as of June 5, 2014 FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between February 23, 2014 to June 5, 2014 (103 days) for a total fine amount of$ 20,600.00 Previously assessed operational costs of$80.57 have been paid. Previously assessed operational costs of$64.34 have not been paid. Operational Costs for today's hearing: $65.24 Total Amount to date: $20,729.58 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120015628 Hearing Date: 6/20/14 Board of County Commissioners vs. Fabricio & Allison J. Fernandez Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 5472 32nd AVE SW, Naples, FL; Folio 36457240005 Description: Unpermitted shed/cabana type structure in backyard at this location. Past Order(s): On March 28, 2013 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4909 PAGE 3209, 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 2510, 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 3019, for more information. On April 24, 2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5039 PAGE 3246, for more information. The violation has been abated as of June 5, 2014 FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between February 23, 2014 to June 5, 2014 (103 days) for a total fine amount of$ 20,600.00 Previously assessed operational costs of$,80 7 have been paid. Previously assessed operational costs of$64.34 have been paid. Total Amount to date: $20,600.00 The County is recommending that the fines be waived as the property is in compliance and all operational costs have been paid. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120015628 vs. INSTR 4826904 OR 4909 PG 3209 FABRICIO FERNANDEZ AND RECORDED 4/18/2013 1219 PM PAGES 3 ALLISON J.FERNANDEZ, DWIGHT E. BROOK CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA Respondents 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 Fabricio Fernandez and Allison J.Fernandez are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents,having been duly notified,appeared at the public hearing and entered into a Stipulation. 3. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5472 32nd Avenue S.W.,Naples,Florida 34116,Folio 36457240005, more particularly described as Lot 1,Block 267,Unit 7,GOLDEN GATE,according to the plat thereof,recorded in Plat Book 5,Pages 135 through 146,inclusive,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 shed/cabana-type structure in the backyard at this location. 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 Completion/Occupancy 120 within days(July 26,2013). 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by July 26, 2013,then there will be a fine of$200 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$80.57 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ' 2013 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY rid._ Gerald Lefebvre, ice Chi 2800 North Horseshoe Live Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4 day of ' �L 2013,by Gerald Lefebvre,Vice Chair of lie Code Enforcement Board of Collie County,Florida,who is personally known to me or ,/ who has oduce rida Driver's License as identification. roc 1 � i'"' KAREN G BAILEY MARY PUBLI MY COMMISSION#EE875121 My commission expires: ?o.�; EXPIRES February 14.2017 CERTIFICATE OF SERVICE (407)396-0153 FloridallotaryS. .a con I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Bail to•F bricio Fernandez and Allison J.Fernandez,5472 32nd Avenue S.W.,Naples,FL 34116 this 4I- day of_< 2013. 111 M. J4 Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board County of COLLIER 681 Goodlette Road N., Ste.210 Naples,Florida 34102 HFRFRY CERTIFY THAT this is a true and (239)263-8206 corrCC' copy of a doqTiant c;r1 fil i in �-,:,:�, _fCol!ie-Colnty er�rd 1 � ,s 1ir; !• C7 H, i c io vl a !� • ` y b DWIGHT E.EROCK,' LERK Or COURTS wA.G.C. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD2Q120015628 Fabricio Fernandez and Allison J. Fernandez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , 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 CESD20120015628 dated the 10th day of December, 2012. In consideration of the disposition and.res ,ition of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ltd } 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. Unpermitted shed/cabana type structure in the rear of this residence THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ I�-� 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, Asd Certificate of Completion/Occupancy within'2J days of this hearing or a fine of$ 7-6O - 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 Re eon•,=nt fails to abate the violation the County may abate the violation using any method to bring the iol.:tiof into compliance and may use the assistance of the Collier County Sheriff's Office to enforce t • ov..io►s of this agreement and all costs of abatement shall be assessed to the property owner. 0-- . -- /fl tive (sign) �1t- Dian lagg, Direct r 71,d/GA' / ,J,4- Re •�-°•� t o Represents ( g ) Code Enforcement Department fiG42/ 70 (ielt44111'0 X ? l2G 2,c) i Respondent or Representative (print) Date .27 illOt Date C`P° tREV 1/2/1 3 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4876427 OR 4953 PG 2510 RECORDED 8/9/2013 9:22 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, CASE NO.: CESD20120015628 vs. FABRICIO FERNANDEZ AND ALLISON J. FERNANDEZ, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 25,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises, � I hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED: That the Respondents'Motion for Extension of Time is GRANTED. This matter is extended for a period of 120 days(November 22,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this c-Q day of( UL,Q, • ,2013 at Collier County,Florida. State of Honda CODE ENFORCEMENT BOARD County of COLLIER IE• C( 1 Y LORIDA j.lgoeh.g. I HERESY CE-RtiRt THAT tt?i5,is•a true and B� Robe Kau an,Chair correct copy.tt, doru i jh�On fi m 2800 orth orses Drive • Board'tinute and Records ci'Collrer County Naples,Florida 4104 WITNE-SS iiry h offc,al sear this ^TVA aa'of _ ?!3 DWIGHT E QCK C.LERh,QF COURTS 'S--)1\tjt D.' . / L STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this p? day of t( GlLt 2013 y Robert Kaufinan, Chair of the Code Enforcement Board of Collier County, Floa, who is V personally known to me or who has produced a Florida Driver's License as identification. TA 1 . NOY PUBLIC KAREN G BAILEY My commission expires: )4- ,:*- MY COMMISSION#EE875121 t:iciL EXPIRES February 14,2017 (407 398.0153 Floridallotary$a,vice com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. ail to Fabricio Fernandez and Allison J.Fernandez,5472 32nd Avenue S.W.,Naples,FL 34116 this_day of 2013. / / M. eatrawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 �-. (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015628 �—� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FERNANDEZ,FABRICIO ALLISON J FERNANDEZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Joseph Mucha, 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 obtain all required Collier County Building Permits or Demolition Permit, inspection, and Certificate of Completion/Occupancy 120 within days as stated in the Order of the Code Enforcement Board recorded in the public records of Collier County, Florida in OR Book 4909 PG 3209. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on November 25th, 2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No permits obtained for the shed. FURTHER AFFIANT SAYETH NOT. DATED this 21st day of January, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 671 c Jose J'Iucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this ZIst day of Jan U q ry ,2014 by Joseph Mucha (Signature of Notary Public) t�Rr�ue<� TERESATOOI EY 20 i o MY COMMISSION#FF 069279 'C ) °qpt;,, e EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public),.E.0'; �O Bonded Nu Budget Notary Services Personally known INSTR 4952700 OR 5014 PG 3019 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, CASE NO.: CESD20120015628 vs. FABRICIO FERNANDEZ AND ALLISON J. FERNANDEZ, 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 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 Respondents' Motion for Extension of Time is GRANTED for a period of 30 days(February 22, 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 S day of Vevytka 2014 at Collier County,Florida. C■-..dOD" 'ORCE NT BOARD COLLIER CO ..•' Y, FLOM!, State of Florida County of COLLIER BY: �'L Kaufman .• a,- I HEREBY CERT F T-1X�T1his is a true and 00 orth se Drive correct copy r door menu file in N.pies, F r'-. 34104 Board Minieszind 07 >•of-c.ollier County W!1 NESS ,`y ha d'att,Ofik i at s .s1 this day of _ ,( DWIGHT E' :=' iLER1K "COURTS _ , 4tir 1 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ,Jhe foregoing instrument was acknowledged before me this 5 day of -dC.J[120 2014 y Robert Kaufman, Chair of the Code Enforcement Board of Collier County Florida, whi personally known to me or who has produced a Florida Driver's Li-sense as identification. .4,1444, KAREN G BAILEY MY COMMISSION#EE:r OT 'Y PUBLIC EXPIRES February 14,2017 M'aN y commission expires: )ow)39&0153 itendaMQl 'YSc rlcn.ccm CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.(Mail to Fabricio Fernandez and Allison J. Fernandez,5472 32nd Avenue S.W.,Naples, FL 34116 this day of _ 2014. M.Jea/'awson,Esq. Florida Bar No. 750311 681 Goodlette Road N., Ste.210 Naples, Florida 34012 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120015628 .-. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FERNANDEZ,FABRICIO ALLISON J FERNANDEZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Joseph Giannone, 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 obtain all required Collier County Building Permits or Demolition Permit, inspection, and Certificate of Completion/Occupancy 120 within days as stated in the Order of the Code Enforcement Board recorded in the public records of Collier County, Florida in OR Book 5014 PG 3019. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 24th,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:No permits obtained for the shed. FURTHER AFFIANT SAYETH NOT. DATED this 1st day of April,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD o •ph Giannone ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affi med)and subscribed before me this \S.4 day of 74 I l ,2014 by Joseph Giannone (Signature of Notary Public) ,�aY Pue TERESA TOOLEY * _I J * MY COMMISSION N FE 069279 EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) Bonded Thru Budget Notary Services Personally known\I INSTR 4985250 OR 5039 PG 3246 RECORDED 5/21/2014 11:56 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE EN FORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20120015628 vs. FABRICIO FERNANDEZ AND ALLISON J.FERNANDEZ, Respondents 0:4•r�. al, "-OTION' & UE THIS CAUSE came on for .ublyd eaaing$efore the Board on pril 4,2014,on the Respondents' / Motion to Continue the hearing o+ i• of F i i s. lG a k yi �° W The Respondents reque ntinuance of the h y ,ipositg4hf Fines/Liens. ORDER OF THE /0 Based upon the foregoing,anal), o the authoriy_grat01. Chapter 162,Florida Statutes,and 41 Collier County Ordinance No.2007-44,as aameI1ded, t-is'he y�ERED: 1. The Respondents'Motion for Continuance is GRANTED for a period of 30 days. 2. The Respondents are to pay the operational costs for today's hearing in the amount of$64.34 within 30 days(May 24,2014). DONE AND ORDERED this day of M Q,tr 2014 at Collier County,Florida. COD .� ": ' EMENT BOARD C E R S • State of Florida B _—=+�j� County of COLLIER ; .,• K; (' 2800 orth o r've I HERViY tERTtFX THAT this is a true and N:. es,Florida 3 yu'' cor.[? tztiliVol'a•d criigient on file in Qpard Mirintes and N.eeQrds of Collier County 1ITt S_hty hires aia4fficial seal this .day of ift01�{ :V HT E { •ICjl ..£.ERK OF COURTS i,►,o,.,.;�.�...1 a.. D.C. • *** OR 5039 PG 3247 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore oing instrument was acknowledged before me this i day of 2014 y Robert Kaufinan,Chair of the Code Enforcement Board of Collier Coun Florida,who is personally known to me or who s..:produced . - : da Drive 's License as identification. 1 ��J iI - a 4J= NOT•I'Y PUBL� My commission expires: KAREN G BAILEY ' d: MY COMMISSION*EE875121 '''.'`4409': EXPIRES Feb nary 14,2017 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this orftw4ittytt paid abdbed6gllie inty Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance orc9n ►ation-ofihe satisfaction of the obligations of this Order may also be obtained at this location. V;R ( 00:A. APPEAL: Any aggrieved party may .•1;',>.. -g final order of 4 e Circuit Court within thirty(30)days of the execution of the Order appealed • appeal shall not be a hearing\de nbvo,but shall be limited to appellate review of the record created wi i'e'the . 'g [ ear g:-it-is sponsr ility1 f the appealing party to obtain a transcribed record of the hearing ■•m tie Clerk o u Filing Ap 1 wi not automatically stay the Board's Order. ' "'(7 ' 'T" ^y l C SER C :.�I I HEREBY CERTIFY th�t a"hre and correct copy of ORDE n sent by U.S. it to Fabricio Fernandez and Allison J.Fernande }2 32nd Avenue S.W., es„ this I day of_______nf_ri,k 2014. '� Rawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20120015628 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FERNANDEZ,FABRICIO ALLISON J FERNANDEZ,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Joseph Giannone, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on March 28, 2013,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4909 PG 3209 , et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [June 5'th,2014]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Finalizing permit#PRBD2014012424]. FURTHER AFFIANT SAYETH NOT. DATED this [5th] day of[June], 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jo -ph Giannone ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 5 day of 2 ,2014 by Joseph Giannone (Signature of Notary Public) °"0. �� TERESATOOLEY a �. MY COMMISSION#FF 069279 EXPIRES:November 7,2017 'T6 0,p Os9 Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CELU20100004523 vs. SILVER LAKES PROPERTY OWNERS ASSN.OF INSTR 4635233 OR 4744 PG 1086 COLLIER COUNTY, INC. RECORDED 12/8/2011 3:29 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent 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 November 18,2011, 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 Silver Lakes Property Owners Assn. of Collier County, Inc. is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1001 Silver Lakes Blvd.,Naples, FL, Folio 73625009662, more particularly described as the west 300 feet of that portion of Tract CR5 of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27,Pages 74 and 75,which lies South of the Florida Power and Light Easement described in Official Records Book 831, Page 1472,all of the Public Records of Collier County, Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended, section I 0.02.03(B)(5) in the following particulars: An open storage area being utilized at Silver Lakes RV Resort without first obtaining a site development plan for this use. 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 I0.02.03(B)(5)be corrected in the following manner: 1. By ceasing use of the area for open storage OR obtaining a Site Development Plan Amendment allowing the use of open storage in this area within 270 days(August 15,2012). �1. 2. That if the Respondent does not comply with paragraph I of the Order of the Board by August 15, 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$81.43 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 720 day of `1 ...)0■.). ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Kenneth Kelly,Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) j )SS: \ COUNTY OF COLLIER) p The foregoing instrument was acknowledged before me this,,�� ay of tiovrAu` -er , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County, Florida,who is 7 _personally known to me or who has produced a Florida Driver's License as identification. q JV fah"'"."6"16-116-46.116111":„, KRISTINE TWENTE NOTARY PUBLIC =_c.—'s Notary Public-State of Florida My commission expires: 4' `I My Comm. Expires Jun 18,2015 �.:�, . Commission#EE 87272 CERTIFICATE OF SERVICE ^4^'- •''National Notary Assn. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Silver Lakes Property Owners Assn. of Collier County, Inc.,1001 Silver Lakes Blvd.,Naples, FL 34114 and Southwest . Property Management Corp., 1044 Castello Drive,Ste.206,Naples,FL 34103 this 23'fday of K'jv • 2011. y l 9--,6e.44 i it,q/ae ,7 M.Jearl7 (awson,Esq. Floridalar No.750311 .z . 0; F u F ti..;A 2375 North Tamiami Trail, Ste.208 ;aunty of COLLIER Naples, Florida 34013 (239)263-8206 i HERESY CERTIFY THAT this Is a true ane correct coPy`ot a document on fife In Board Minutes ani.Recor of c octef County . cs g SS' ev ro° Ant this C( ' YIG E OOP( CLERK OF COURTS / V (C1 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CELU20100004523 Silver Lakes Property Owners Assn of Collier County Inc Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 6/J>IrM/ ''V 7r , on behalf of himself orSl,LV/ r2 2 k 42/9' 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 CELU20100004523 dated the 8th day of October, 2010. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for November 18, 2011; 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 open storage area being utilized at Silver Lakes RV Resort without first obtaining a Site Development Plan for this use THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $81.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Cease using the area for open storage OR obtain a Site Development Plan Amendment allowing the use of open storage in this area within 270 days of this hearing or a fine of $200 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. br4LL-- Respondent or Representative (sign) Di Flagg, Director j. /32,t_G/ /71Y P. PT C e Enforcement Department PT ��v/c/9Y J).. 1.) i 11/17)11 Respondent or Representative (print) Date 11/) 7/0 Date REV 8/17/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20100004523 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SILVER LAKES PROPERTY W OWNERS ASSOC OF COLLIER CTY INC,Defendant(s) . AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Virginie Giguere, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 18, 2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to cease use of the area for open storage OR obtain a Site Development Plan Amendment allowing the use of open storage in this area within 270 days or$200/day will be imposed and pay operational costs in the amount of $81.43 within 30 days as stated in the Order *recorded in the public records of Collier County,Florida in OR Book 4744 PG 1086 . 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on August 17, 2012. 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, a Site Development Plan Amendment was started but it has not been completed. FURTHER AFFIANT SAYETH NOT. DATED this 20 day of August, 2012. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT i:OkRD i Virginie Gi g ere `' Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ,l_ we to(or of d)and sub cribed before me thi d y of � , 2012 by Virginie Giguere ‘\\h.)t -) ignature of Notary Public) NOTARY PUBLIC-STA'::E OF FLORIDA (Print/Type/Stamp Commissionem N. ne of Notary Public) r.;J!ie ;: Crawley - t f.i r mission# EE129317 Personally known = l Exp s. JUNE 07,2014 ,�� BONE THRU ATLANTIC BONDING CO.,INC, CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100004523 vs. SILVER LAKES PROPERTY OWNERS ASSN.OF INSTR 4749578 OR 4844 PG 301. COLLIER COUNTY,INC. RECORDED 10/9/2012 4:48 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 September 27,2012,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes, and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days(March 22,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this E-1 day of fl ( ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD SUN r '» €Y �„., �, EOLL i Ot'TY, ORIDA •ZOOM Of COUR.* Robert ufrri.Foe air I HEREBY GERTIF T iAT'Pies tril{ 2800 N. Drive u :orrect copy or a ao: nent 4n,tiie tin - Naples;Fl• da 34104 Board Minutes and Records of Godlier znt wE.SS my '� d Off�C �9 ttti aeX of WIGHT E. BROCK, CLERK OF COURTS 4.- • Now STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this (-r4 day of (9(5 — 2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is /personally known to me or who has produced a Florida Driver's License as identification. A4o�� # , IL PV KRISTINE TWENTE ♦•{tY 2 —,,( ; Notary Public-State of Florida NOTARY PUBLIC •; �� ; My Comm.Expires Jun 18,2015 My commission expires: �:.`o;= Commission#EE 87272 %FO F ' Bonded Through National Notary Assn. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Silver Lakes Property Owners Assn.of Collier County,Inc.,1001 Silver Lakes Blvd.,Naples,FL 34114 and Southwest Property Management Corp., 1044 Castello Drive,Ste.206,Naples,FL 34103 this LI tray of C)C i—„2012. .e-4-7-1 M.Jean-Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 • CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA INSTR 4810555 OR 4895 PG 2418 RECORDED.3/13/2013 11:00 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA REC$18.50 COLLIER COUNTY, FLORIDA, Petitioner, CELU20100004523 vs. SILVER LAKES PROPERTY OWNERS ASSN.OF COLLIER COUNTY, INC. 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 t."\ premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No. 92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 180 days(August 27,2013). 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 4 day of t n Ok-1 1 ,2013 at Collier County, Florida. CODE ENFORCEMENT BOARD State of Florida COL R TY, IORIDA County of COLLIER A BY /M11=r i. I HEREBY CERTIFY THAT this is a true and •o. y�lufm. Fair correct copy of a document on file in 2800 No seshoe Drive Board Minutes.and Recorc c Collier County Naples/Fl. Ada 34104 WITNESS my h nd arid Official seal this t tLay Of Sk1/ - 71-0,t3 IGHT E ER:OCK,CLERK OF COURTS 62"-14k.t.;. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4 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 has produced a Florida Driver's License as identification. NOT RY PUBL My commission expires: .•":"". KAREN G BAILEY • 44' MY COMMISSION#EE875121 -• 1 EXPIRES February 14,2017 CERTIFICATE OF SERVICE on i9ea+s3 Fbnd&Note Se.ioe.com I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Silver Lakes Property Owners Assn. of Collier County, Inc.,1001 Silver Lakes Blvd.,Naples,FL 34114�4�`an`" ds�Southwest Property Management Corp., 1044 Castello Drive, Ste.206,Naples, FL 34103 this .4 day ofwuxYC JA,,2013. 711. cQ awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 �1 INSTR 4900079 OR 4973 PG 2011 RECORDED 10/9/2013 8:30 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA R EC$18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CELU20100004523 vs. SILVER LAKES PROPERTY OWNERS ASSN. OF COLLIER COUNTY, INC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on September 26,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the /**—■ premises,hereby DENIES 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 DENIED. 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 3 day o 2013 at Collier County,Florida. Cs =` FO• EMENT BOARD OLLIER C=.1� DRIDA State of Florida BY:1W County of COLLIER 2'ob-rt Ka i' ,r , 28 0 No . . oe Drive I HEREBY CERTIFY THAT this is a true and aples, Fl. da 34104 correct copy of a document on file in Board Minutes and Records of Collier County W f`! S;S toy,hand land official seal this day of - (3 WIGHT,E: BRC K,CLERK OF COURTS . CODE ENFORCEMENT BOARD /• COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, - COLLIER COUNTY,FLORIDA, Petitioner, CELU20100004523 vs. SILVER LAKES PROPERTY OWNERS ASSN. OF INSTR 4900109 OR 4973 PG 2086 COLLIER COUNTY,INC. RECORDED 10/9/2013 8:44 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 ORDER IMPOSING FINE/LIEN THIS CAUSE came on for public hearing before the Board on November 18,2011,after due notice to Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on November 22,2011 and furnished to Respondent and was recorded in the Public Records of Collier County,Florida at OR 4744,PG • 1086 on December 8,2011. The Order covered the real property located at 1001 Silver Lakes Blvd.,Naples,FL, Folio 73625009662,more particularly described as the west 300 feet of that portion of Tract CR5 of Silver Lakes, Phase Two-C according to the plat thereof recorded in Plat Book 27,Pages 74 and 75,which lies South of the Florida Power and Light Easement described in Official Records Book 831,Page 1472,all of the Public Records of Collier County,Florida. An Affidavit of Non-Compliance has-been filed with the Board by the Code Enforcement Official on August 29,2013,which Affidavit certified under oath that the required corrective action has not been taken as ordered. Accordingly,it having been brought to the Board's attention that Respondent has not complied with the Order dated November 22,2011,it is hereby ORDERED,that the Respondent,Silver Lakes Property Owners Assn.of Collier County,Inc.,pay to Collier County fines in the amount of$6,000.00(Order Item 1 and 2)for the period of August 28,2013 through September 26,2013 (30 days)at$200.00 per day. The operational costs have been paid. IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent comes into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09 Florida Statutes. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien against the property as described and/or any other real or personal property owned by Respondent. State of Florida DONE AND ORDERED this day of O___ ,2013 at Collier County,Florida. County of COLLIER e► ENFO r CEMENT :.ARD COLLIER UT'TY, •RIDA • �r,-�. J I HEREBY CERTIFY TI-K this is a true and correct copy of a documentbrp file in BY ,r Board Minutes and Records b-.Collier County R9,ert Kaufm:�:: air 'ITN SS my hand Pnd official seal this 2800)North H.�4 oe ► ive "' -day of X-4- Ot?b y �/ Naples,Flo .. 34104 WIGHT`E. BROCK,.CLE.k OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 2 The foregoing instrument was acknowledged before me this 3 day of( f,2013,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is ✓ personally known to me or who has produced a Florida Driver's License as identification. 411110P' OT• •Y PUBLI 1111"..— KAREN G BAILEY My commission expires: :�?' = r, MY COMMISSION#EE875121 CERTIFICATE OF SERVICE EXPIRES February 14,2017 407)398-0153 FloridallotarySe'vkx.t:om I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by . . •al to Silver Lakes Property Owners Assn. of Collier County,Inc.,1001 Silver Lakes Blvd.,Naples FL 34114 and Southwest Property Management Corp., 1044 Castello Drive, Ste.206,Naples,FL 34103 this j day ofoc;69,', 2013. lar44—Al (`17fij—L, M. Jegri Rawson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette N.,Ste.210 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU20100004523 COLLIER COUNTY n BOARD OF COUNTY COMMISSIONERS,Petitioner vs. SILVER LAKES PROPERTY W OWNERS ASSOC OF COLLIER CTY NC,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on November 18, 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 4744PG 1086, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on April 14th, 2014. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a Site Development Plan on June 13th, 2012. FURTHER AFFIANT SAYETH NOT. DATED this 14th day of April, 2014. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jeff Letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 14th day of April,2014 by Jeff Letourneau (Signature of tary Public) � KIMBERLY BRANDES MY COMMISSION#FF 048468 ..au: EXPIRES'September 17,2017 (Print/Type/Stamp Commissioned Name of Notary Public) sr Bonded Thru Budget Notary ServIcee Atf OF °P Personally known CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CEVR20130010777 vs. IVY E. PEDEN, Respondent FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on May 22,2014,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 Ivy E. Peden 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 in person. i-� 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 5781 Dogwood Way,Naples,Florida, 34116,Folio 38339680008, more particularly described as the West 180 feet of Tract 92, GOLDEN GATE ESTATES,UNIT NO. 33,according to the Plat in Plat Book 7,Page 60,of the Public Records of Collier County,Florida is in violation of Ordinance 04- 41,as amended,the Collier County Land Development Code, Section 3.05.08(C)in the following particulars: Presence of prohibited exotic vegetation. 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 3.05.08(C). 2. - That the Respondent must obtain any necessary permits, inspections,and Certificate of Completion for the removal of all Collier County prohibited exotic vegetation within 360 days(May 22,2015)or a fine of $50.00 per day will be imposed until the violation is abated. 3. The prohibited exotic vegetation base/stump must be treated with an U.S.Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied when the prohibited exotic vegetation is removed but the base of the vegetation remains within 360 days(May 22,2015)or a fine of$50.00 per day will be imposed. 4. The Respondent shall submit a quarterly update to the Code Enforcement Depai Lin ent. 5. 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. 6. 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(June 21,2014). 7. 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 4 day of -e ,2014 at Collier County, Florida. CO Pr ENFO' . MENT BOARD OLLIER CO TY,FLO '. IA i BY:vi�t�ir `no•rt Ka. . a C :ir 2806 No ' _. :- oeDrive 19.1es, olio; 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The for going instrument was acknowledged before me this 4- day of 2014 y Robert Kaufman, Chair of the Code Enforcement Board of Co 1' r County,Florida,who is personally known to me or who has produced a-Fl ida Driver's License as identification. ^, -:.4.,*� ''.. KAREN G BAILEY �/--I I ��t, ar ._ MY COMMISSION#EE875121 �V� �-ti ;.a•,.. _,:�: NOTARY PUBLIC -.h' �Or: EXPIRES February 14,2017 _ tq t My commission expires: 007)398-0153 FlondallotarySe vim cow 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 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 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 p f this O''PER has been sent by U. S. Mail to Ivy E. Peden, 5781 Dogwood Way,Naples,Florida 34116 this 1-day of y-e ,2014. 72 dy,,,....,„ ,/-2,,,,,,,,k_i 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 Good afternoon, This is a request to amend previously issued order for Case# CEVR20130010777, specifically line item# 1. If approved, the amended order shall be written as: Must obtain any necessary permits, inspections, and certificate of completion for the removal and/or felling in place of all Collier County prohibited exotic vegetation with 360 days of this hearing or pay a fine of$50 dollars a day until abated. This particular case involves heavy infestation of mature exotics in the rear of respondent's property. A lake in the rear of the property inhibits physical exotic removal. To the effect that physical removal may result in encroachment onto adjacent properties as large exotic trees are dragged around the lake. Furthermore,physical removal of such confined exotics has the potential of severely disturbing the soil layers, soil sub-layers, and native vegetation on respondent's and neighboring properties. Staff review has determined that treatment or felling in place of exotics in this particular case is an acceptable alternative which will serve to prevent physical harm to native habitats and wildlife. Retn: 3593067 OR: 3771 PG: 3447 C C CODE ENFORCENEET RECORDED in the OFFICIAL RECORDS of COLLIER CODNTI, FL EEC FEE 44.00 , INTER OFFICE / LEO BOEAENO 04/11/2005 at 09:04AM DWIGHT B. BROCI, CLERI 213 2994 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 hearin € n March 30,2005,on the Respondents. Motion to Continue, and the Board havip l ° nsidered the ma ,(1 eing duly advised in the premises, hereby DENIES the said Motion to o tinu � •_ \\ e ' I . '=® T HBO •.e t 11'j , Based upon the foregoin . an '. , uar1 to a au r � gran d in C apter 162,Florida Statutes,and Collier County Ordinance No. 92- ,3�s hereby ORDERED: °i \t Ifrirmci 0. / ' That the Respondents' Mori ntinuance is DENIE Any aggrieved party may ap ' der of the Board; 1�th�- ircuit Court within thirty(30)days of the execution of the Order appealed.An appeal sh 11 a e 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 3 day of •f(II ,2005 at Collier County,Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: ��,� �� rdi Cliff FlegaIJChair( 2800 No Horse hoe Drive Naples,Florida 34104 • OR: 3771 PG: 3448 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of ,2005,by Cliff Flegal,Chair of the Code Enforcement Board of Collier County,Flo •,w i o is persona known to me or who has produced a Florida Driver's License as identifica,on. Donna L.Modugno /: 11--, )A6 L . P`" = '+a•.--`�W+.e��_ NO ARV PUBLIC My commission expires: CEox m mreiBssos:inoAd u#Du 82,32404094 7 :••11;fOFP•o`" Atlantic Bonding Co.,Inc. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDEP has been s t by U.S.Mail to James C. and Sherry Marshall,975 Red River Road,Gallatin,TN 37066 this "5-"f-- day of ,2005. / ean 'F son, sq. F orida Bar 'o.7 0311 - tt+rn fo a Code Enforcement Board ;.�0 ke ue S,Ste.300 (�`aples F14nda 341112 • • state of FLORIDA County of CO . I HERM r litt.F; tI1�V'Y�' correct .•of a doCwniir , as Board Mies and itecorc 'ot" tier Comfy .441 dile day of 1 pA '1 _ e-41,• DWIGHT E. B• '•�OF COURTS 1.co_ft 1 OR: 3771 PG: 3449 4 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 befog. and n. ,•ril 8,2005,and the Board,having heard testimony under oath,received evidence, d' e d rT _ y th, ,al z1- she-t +• p rate matters,thereupon issues its Findings of Fact,Conclusions of Law, e Board,as c5il s r F INGS OF FACT \\ 1. That James C.and Sherry ars1-a th rty\ ......... 2. That the Code Enforce t B has • ' don If e pe ns of to R spondents and that the i Respondents,having been duly no F ie,, a'a L p?i b is •Sarin -c l h- ly. 3. That the Respondents were ,'�d of the date of he ' \ certifie it and by posting. 4. That the real property located •`t 82 t 0`s Avenue N.W.,Napl ,�F da 34120,Folio Number 37590120007 more particularly describe• • ,':c GOLDEN GA's ,'PATES,Unit 20,according to the plat thereof recorded in Plat Book 7,Page 80 o I.�P i ip ' ctor$f;,Coiiier County,Florida,is in violation of Section 104.5.1.4 of the Florida Building Code as nc di-•1.• �oiher 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: OR: 3771 PG: 3450 4 • 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 notif Co•-•,• o(ce"" -o dale that the violation has been abated and request the Investigator to come out and peji'oirn11.'t- .' of '` 8. That the Respondents are or d e� ' r�1 / o coned in the prosecution of this case. Pay all operational o p Any aggrieved party may a peal,a'f l-order of the Board to the ircut Court within thirty(30)days of the execution of the Order appealed/An appe -sha not be a he de no ,bu shall be limited to appellate review of the record created within Fi g aa,e.pp .;j.11 6 otsta, . 's Or .er. '�` DONE AND ORDERED this ? day .f �, Florida. \Y �t�' 1! ,20 o livery County, \(''' 'P. CODE E , ORCME " OARD `�`� COLLIE n A BY: / �c�C Q„ ,., Cliff F ��,�e$ n 2 9 c ,th a, shoe Drive -.-_..Lies;Florida 34104 • STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisday of / r-27 , County,2005,by C ' Flegal,Chairman of the Code Enforc 'tent Board of Collier Fl6rida who is rsonally known to me or who .. pr.• ced a Florida Driv-, License as identification. , State at FtOR1UAt " . • • ��0 " OAS*of�� t Y C°.:;,:i NOTARY PUBLIC ••..•• : i.. My commission expires: • `�� i H EREBY PE! /FY.. 'i t ie. : a. of e odu o correct y i Joe . '1-the Donna L.M gn Board Minu anti'R ords.v7 Eo r County =o,�?`�P ': Commission#DD234494 1T SS m i n. s �2hb _:. _Expires:Aug 18,2007 • • -'�. 'e`= Bonded Thru day of IVO.. i-'. '.a ' -,+,� adi:' Co..in vti _ ,t;∎ Atlantic Bonding DWIGHT E. BROCt(,CI,E KQFoOURTS D.C.NA . *** OR: 3771 PG: 3451 *** r . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this OVA has been se by U.S.Mail to James C. and Sherry Marshall,975 Red River Road,Gallatin,TN 37066 this ; day of , ,2005. it • �.�� _ • M.Je• wson,Esq. Florida :ar No.750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.,Ste. 300 Naples,Florida 34102 (239)263-8206 (Cle Cr-A <2/\\\ ,k1 cif ' • • INSTR 4368857 OR 4514 PG 2605 RECORDED 12/3/2009 9:49 AM PAGES 13 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $112.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: 2004-72 vs. JAMES C. MARSHALL and SHERRY MARSHALL, Respondents. ORDER ON MO FOR REDUCT IFINES/LIENS THIS MATTER ha ing.cow r the-Co her Cc untX Code Enforcement Board at / public hearing on September 4, 2v0 °t 9 e t ' i' n f' r Reduction of Fines/Lines, it is hereby ORDERED that R gyp. _• \ o • eniedirttac b �ance with that portion of the transcript attached hereto and i r. ,s orated herein(pag ,50 t oui"` 0). Any aggrieved party may •p'' :a,fnal order of tb ,,B.9ar'c�to the Circuit Court within thirty (30) days of the execution of the Order�apte4'V.6niVeDealrghall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this c ^2- day of October,2009 at Collier County,Florida. CODE ENFORCEMENT BOARD StAl It M COLLIER COUNTY,FLORIDA 3ounty Mew �f4. •t.• •I HEREBY CERTIFY TWIT t1#4i'WO gali Kenneth- l 'ice-Chair greet cODy at a d©�,"Urne Rla.! 2800 North Horseshoe Drive Board Mlrwtes an Naples,Florida 34104 Nr _. sec of�oRlar(;per . . aay:vi p r I ! !th s j DWIGHT E. BROCIOCI.Eiliii OR 4514 PG 2606 STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a,142day of October, 2009, by Kenneth Kelly, Vice-Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or X.. who has produced a Florida Driver's License as identification. NOTARY PIT$LTC•r?.': "CF F[.ORmA NO ARY PUB C CAli My commission expires: OE)/g/aNN l Ps 1�1::i 2ii R. / r r-•, rmnmi,sinn#DD691754 I ( ctRC@E .I ' I HEREBY CERTIF a true an. c rrect o tl}y,'i 6ER has been sent by U. S. Mail to James C. and Sherry 11 this Zi3`d'ay of�'r•bLr, -�0 o the following addresses: James C. and Sherry Marshall s1 •es C. and Sherry Marshall 975 Red River Road �`~- .(- - 3241 S.W. 104 Ct. Gallatin TN 37066 Miami,FL 33165 1I. . OA I1ia ( 0 H 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 n OR 4514 PG 2607 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 pay_ - than what they had in the past. MR. DEAN: That's w - s 4 a- ,\ VICE-CHAIRMNi s LY: Oka lit o ing on to motions for reductions of fine. J e and-��]� arsh ll.\ (Speakers were . u J o MS. WALDRON: o ;�i T et a second of your time. � .1 If you could ple efer to your y es clgulations, Article 10. If there's anyone who not have a-C. : ease let me know and we will get you one. kflp, Sectio. . ` believe it's on Page 9. And we've also included aNpa e.of� s orders and evide nc e 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 OR 4514 PG 2608 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, oar_Apr-14 ,27th 2006 did not discuss the criteria that was set out ' -Qt Code Enforcement Board statute. i I included in that the n and request for a hearing a transcript f - - . �.� 10 - tt,�t ose -- that criteria was not discussed. I • a !e.'03` sat on the board t he � �' Ateren day the fine was im / I've also brough "th me as supp n,I my motion to reduce the fine, I have five co that I'd like 4o7 t to the board, and I have one for the county. 4` .- VICE-CHAIRMAN KE °iris 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. Page 51 OR 4514 PG 2609 ,---\ II 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: Aye. MR. KAUFMAN: e —00 MR. LAVINSKI: -. �?,,t VICE-C • ' '• li mop std? (No response.) VICE-C • r • .,• „mss °,4 .d s al ',just to clarify, so i your position is whe . ;me i I .._i G'. .os- : t '-", mes you did not request to reduce or .�a them, is tha /2::// MR. MARSHAL • ere was a mio •.o, abate the fine. VICE-CHAIRM • '4.' -LY: Qk `` MR. MARSHALL: : 1 i tfnding -- 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 OR 4514 PG 2610 /-"•■ 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: RR 1143�R C OQ MR. MARSHALL:T '' �, -1at's oina� • g we're going to get into in my supplemen hgr --, MR. KAUF rI'm a n_ the, �,� 's. MS. WALDR• :( r . is t o - . And if you plea:-, - c r 'a en ck- : ' ill, there is an order. It is OR40813366. • `d his is an ordelon tf for reduction/abatement o . �,�-,s and lien. C MR. KAUFMAN: 'i s.the -- o - p, the number that's up on the top 3650241? - CTS- 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. /� Page 53 OR 4514 PG 2611 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 _unti ompliance has been secured, until the actual violations 1 s In that case, that's why we actually denied the ' al notice to . • and/or reduce whatever the original motion w s. _ So in this case 'i ni I!' •-*. •,- • R - ,, - s ,f an issue as to procedurally, you kilo ,, c i• cpu . +;• , Dateinent versus a reduction, and it's m, • 06 t - fa a ' ere's still a violation that exists that basicaY •isallows ' `'• • `� -- ��, is llows this •, a�d��uggest or think of about or rule on any reductions • ; y5kind. MR. MARSHALL. , derstand.. . .t`,.I(ut you are misapprehending the facts o a lasiV li h you are -- which I'm trying to bring you up to speed by the supplement to the motion. VICE-CHAIRMAN 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 Page 54 OR 4514 PG 2612 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, Pd 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: P. . C ` -' • ard's pleasure. VICE-CHAIRM •' . LLY: Wo 411 board entertain listening to the suppl • I er-haps-som d of extenuating factor that may exist/th G - e ' ? MR. DEAN: F ve .�tt:s. 3211 MR. L'ESPE �'I°i • m n tes. MR. KAUF jF ive minutes. ,/ MR. LAVINSKI. a �, ee. VICE-CH • ' • . . A rs all, it's unanimous. We'd like to hear what you ' :ibCsa- 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. Page 55 OR 4514 PG 2613 ..-. 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 ...W. ith the building, the main structure, and it involves l vil: e - • •e permit was issued under, that we were net n .: yen before th zinal hearing, the difference in those c de i ith tal clarity in the motion. tY What I'm aski r+e . fl o •1 t N • ,i er -- I know there's some question abou lb i. ; : • ri ..,.; f+.with the lien, you know. I know that 1,. .Lute says th. e)1 °,suns in favor of the county, but the county . ,of enforce ieh/That's solely the duty and the authorization o a • - Erb nt Board. So the lien can sit there in perpetuity. The Bo:#, ' my 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 Page 56 OR 4514 PG 2614 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 Leteurneau's been on our property without inspection wary t .L:.as' il ddah, dah, dah, dah, dah, dah, and they said wel -1: go to court. \ So we're in co ' ist-fe .,at i was at least worth the effort to try to appear b- 1 :.\ • . there was -- in the broadest application(of l;s fY 'o that we could have a little more than fiv; { d i. .e �, ss t d. So that's basically the thing in a nutshel'`<r;\\ \I( /,:,D VICE-C : ,. LLY: Can I ' .,lust quickly if you happen to have a copy o `4 rigna e e 4 fat shows signatures that a fmal building was a p r • � J t;, 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? Page 57 OR 4514 PG 2615 ,—\ 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 it d ursuant to this section runs in favor of the local gove m a1 governing body may execute a satisfaction oft ; ' ase of lien e-?itt4ursuant to this section. 7 - - \ The local goverpi :.,bo• *-, ' : . • • C o unty j .-.) Commissioners. Th re . 3 s '- s- letffrOW N ot s oe say it accrues in favor of Collier Co I ' 1 1. - MR. KAUFM• °r have a ques .,m u f i - county. The building pe , ,at was issued :6, do I understand that to be canceled or expire•,a at? --6\ ‘,7 VICE-CHAIRMAN - . 1• • IS-may, I caution 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. I'd 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 Page58 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: W. ld like to amend your -- MS. ASHTON-CIC► , :�fir ,e two basis, so you already ruled on it and on't have j ' the 'on. You don't have further jurisdiction. MR. KALIF • a 0 t motion. VICE-C • �' • =i: i , d i C red. And do we am ...td3 c . el�. �l MR. L'ESPE' • ♦E: Second awe .e / VICE-CHAT' • t►. LLY: Ok , sere any further discussion? 0 � � (No response.) TIE C.1. � 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 *** ,--1 September 24, 2009 VICE-CHAIRMAN KELLY: All the above. Thank you. Moving on to new business. The consent agenda was approved at the time we approved the original agenda. Is there any reports, comments? MS. FLAGG. Yes. Good morning. VICE-CHAIRMAN 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 t�r-d, as part of the Blight Prevention Program for ,, n tirdt - t Board Department, the five district teams joinect, o with the skier .. division and filled n e II Ice and utilities the coup Collect , In five cations throughout �. • - 00`J°'s -;e appliances, discarded furniture. And they e • - - • - '` ul slccess, not just by their perspective bu 1 t .,:i.- w • , , What a cleanup .s, it allows the• , b ��ers perspective. all those thin s that th I ty members to bring g .�nted to get r1�o to a location, and all those things are dumpe, b-coyst to tlx So that is one of the coif' member. e. fhe Blight Prevention Program are the cleanups. In addition, as we've talked before, there's been over 10000 , 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. 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 COPY IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION ? ;- JAMES C. MARSHALL, N SHERRY M. MARSHALL, _ T. /Appellants, 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 lviarshalls 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 Marsha lls 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." Page2of6 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. IL ANALYSIS 1 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 ud ent are supported gm orted pp 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.HerZs, 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: Page 3 of 6 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]. 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 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 I I 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/,fay of May, 2014. Daniel R. co enio -CUi . • cc: Per service list attached hereto Page 5 of 6 CERTIFICATE OF SERVICE 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: JAMES C. MARSHALL AND SHERRY MARSHALL /3241 SW 104 CT MIAMI,FL 333165 JAMES C. MARSHALL AND SHERRY MARSHALL / 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 CO PY 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. c. COLLIER COUNTY CODE 6 ". ENFORCEMENT BOARD, Respondent. d' ORDER DENYING PETITION OR WRIT OF CERTIORARI r� THIS CAUSE comes before the Court on Petitioners' "Petition for Review of Administrative Order" filed 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 finds 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 COLLIER COUNTY .1 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 heating 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 Maniger,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.C,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 bmtding 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 COLLIER COUNTY 4 of 42 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 hearing 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. n DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this 2 day of 2007. i 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.Tamiarni 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 COLLIE COUNTY 5 of 42