The URL can be used to link to this page

CEB Backup 10/23/2014 Code Enforcement Board Backup October 23 , 2014 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: OCTOBER 23,2014 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 James Lavinski Larry Mieszcak Robert Ashton Lisa Chapman Bushnell,Alternate Tony Marino 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. SEPTEMBER 25,2014 Hearing 5. PUBLIC HEARINGS/MOTIONS A.Motions Motions for Re-hearing 1. CASE NO: CEROW20140009627 ab OWNER: DAVID& ZENAIDA FALATO OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110,ROADS AND BRIDGES,ARTICLE II,CONSTRUCTION IN RIGHT-OF-WAY, SECTION 110-31(A). UNPERMITTED AND DAMAGED CULVERT. FOLIO NO: 77210960002 VIOLATION ADDRESS: 130 2ND ST,NAPLES,FL 1 Motion for Continuance 1. CASE NO: CEOCC20140009738 tab OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126-111(B)AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS(TheSnugg.com). FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT: 1,NAPLES,FL 2. CASE NO: CEOCC20140011314 + a OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON b OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126-111(B)AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS. FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT: 3,NAPLES,FL 3. CASE NO: CEOCC20140011337 OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON a b OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126-111(B)AND ^ SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS(Frankfort Auto Sales). FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT: 5,NAPLES,FL 2 Motion for Extension of Time 1. CASE NO: CESD20100006940 �-. OWNER: MICHAEL&AMY FACUNDO ab OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE,ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(B)(104.5.1.4.4).EXPIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 63860280007 VIOLATION ADDRESS: 318 WASHINGTON AVE,IMMOKALEE,FL 2. CASE NO: CESD20140000219 OWNER: FAIRHOMES SILVER LININGS LLC b G OFFICER: INVESTIGATOR ARTHUR FORD a VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E)(I).IMPROVEMENTS TO PROPERTY WITHOUT REQUIRED PERMITS,INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 26681800001 VIOLATION ADDRESS: 4112 COCONUT CIR S,NAPLES,FL 3. CASE NO: CESD20130008321 b OWNER: ANTONIO LOUISSAINT 7 OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).AN UNPERMITTED ADDITION BEING USED AS LIVING SPACE WITH A THREE FIXTURE BATHROOM TO INCLUDE ELECTRIC AND PLUMBING.ALSO INSTALLED NEW WINDOWS AND DOORS. ALL CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY BUILDING CODE. FOLIO NO: 134120005 VIOLATION ADDRESS: 610 S 5TH ST,NAPLES,FL 3 B. Stipulations C. Hearings 1. CASE OWNER: WAYNE a b 8 OWNER: WAYNE MANSUETO OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A). OBSERVED AN EXISTING MOBILE HOME THAT HAD BEEN DEMOLISHED AND A NEW MOBILE HOME SET UP ON IMPROVED RESIDENTIAL PROPERTY WITHOUT FIRST APPLYING FOR AND OBTAINING THE REQUIRED BUILDING PERMIT(S),INSPECTIONS,AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 1134803101 VIOLATION ADDRESS: 217 SWAIN ST,COPELAND,FL 2. CASE NO: CELU20140008250 OWNER: JERILYN NEUHAUS alo OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTIONS 1.04.01(A)AND 2.02.03.RECREATIONAL VEHICLES/EQUIPMENT STORED AT LOCATION NOT APPROVED FOR SUCH USE. FOLIO NO: 52501800003 VIOLATION ADDRESS: 365 CAPRI BLVD,NAPLES,FL 3. CASE OWNER: CELRO BA GOO al, 0 OWNER: PEDRO BAIGORRIA OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED, SECTION 2.02.03. SELLING VEHICLES WHICH ARE UNLICENSED AND NOT REGISTERED TO THE PROPERTY. FOLIO NO: 35742520004 VIOLATION ADDRESS: 2197 45TH ST SW,NAPLES,FL 4 4. CASE NO: CESD20140007263 a b 11 OWNER: DAVE&KRISTY DESMARAIS OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).BATHROOM REMODEL AND REMOVAL AND ADDITION OF WALLS WITHOUT OBTAINING REQUIRED COLLIER COUNTY PERMITS. FOLIO NO: 65322560001 VIOLATION ADDRESS: 603 CYPRESS WAY E,NAPLES,FL 5. CASE NO: CEVR20140015399 OWNER: GCP INVESTMENTS LLC +ak•OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,04-41 AS AMENDED,CHAPTER 4, SECTION 4.06.01(D)(1). OVERGROWN HEDGES IN THE RIGHT OF WAY,BLOCKING VIEW OF TRAFFIC. FOLIO NO: 35643360004 VIOLATION ADDRESS: 2343 41ST TER SW,NAPLES,FL 6. CASE NO: CEOCC20140009738 OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON fab Is OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 126,ARTICLE IV, SECTION 126-111(B)AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS(TheSnugg.com). FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT: 1,NAPLES,FL 7. CASE NO: CEOCC20140011314 OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON tab 14D OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV,SECTION 126-111(B)AND SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS. FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT:3,NAPLES,FL 8. CASE NO: CEOCC20140011337 fat, ' OWNER: RICHARD ADAMS-MERCER&JAMES SIMPSON OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 126,ARTICLE IV, SECTION 126-111(B)ANI3 SECTION 126-114(C).NO BUSINESS TAX RECEIPT DISPLAYED OR OBTAINED FOR BUSINESS(Frankfort Auto Sales). FOLIO NO: 271080008 VIOLATION ADDRESS: 3427 EXCHANGE AVE,UNIT: 5,NAPLES,FL 5 9. CASE NO: CEV20140015659 IG OWNER: ELDER&MARIE ROCHE ta lc, OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,ARTICLE III,CHAPTER 130, SECTIONS 130-95 AND 130-97(2).UNLICENSED/INOPERABLE VEHICLE(S)INCLUDING, BUT NOT LIMITED TO A COMMERCIAL BOX TRUCK PARKED/STORED ON IMPROVED RESIDENTIAL PROPERTY. FOLIO NO: 62261720002 VIOLATION ADDRESS: 5377 BROWARD ST,NAPLES,FL 10. CASE NO: CELU20140015709 OWNER: ELDER&MARIE ROCHE isab i7 OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 2.02.03. PROHIBITED OUTSIDE STORAGE ON RESIDENTIAL ZONED PROPERTY. FOLIO NO: 62261720002 VIOLATION ADDRESS: 5377 BROWARD ST,NAPLES,FL 11. CASE 140018277 tab ' OWNER:R: BLACK BLACK RIVER ROCK,LLC 8 OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(E)AND 3.05.01(B).AN UNDEVELOPED PARCEL OF 1.3 ACRES HAS BEEN CLEARED OF VEGETATION WITHOUT REQUIRED BUILDING OR OTHER PERMIT;54 LOADS OF FILL DIRT/ROCK HAVE BEEN GRADED AND/OR PLACED ON SITE WITHOUT ANY BUILDING PERMIT OR OTHER AUTHORIZATION. FOLIO NO: 726724107 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES,FL 12. CASE NO: CEVR20140016015 OWNER: NATURE POINTE HOMEOWNERS ASSOCIATION INC tab OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY ORDINANCE 85-71 SECTION 6.06(C).PRESENCE OF COLLIER COUNTY PROHIBITED EXOTIC VEGETATION. FOLIO NO: 63770000458 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES,FL 13. CASE OWNER: MARGARITA CENA20140017179 O OWNER: MARGARITA VAZQUEZ tab OFFICER: INVESTIGATOR MICHAELLE CROWLEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES CHAPTER 54,ARTICLE VI, SECTION 54-185(A)AND(D).PROHIBITED EXOTIC VEGETATION,INCLUDING BUT NOT LIMITED TO,BRAZILIAN PEPPER,LOCATED ON UNIMPROVED,RESIDENTIALLY-ZONED LOT,WITHIN 200 FOOT RADIUS OF IMPROVED,RESIDENTIAL PROPERTY,AND THE ACCUMULATION OF WEEDS,GRASS, OR OTHER SIMILAR NON-PROTECTED OVERGROWTH IN EXCESS OF 18 INCHES IN HEIGHT. FOLIO NO: 80445013203 VIOLATION ADDRESS: 7594 CORDOBA CIR,NAPLES,FL 6 14. CASE NO: CESD20140012087 al; Al OWNER: RAMIRO E. &MARTHA R.LLERENA OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: BUILDING AND LAND ALTERATIONS PERMITS(PERMITS,INSPECTIONS,CERTIFICATE OF OCCUPANCY REQUIRED)COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION, 10.02.06(B)(1)(A).ALTERATIONS TO COMMERCIAL PROPERTY WITHOUT APPLICABLE COLLIER COUNTY PERMIT(S)(INSTALLATION OF KITCHEN AREA WITH NEW PLUMBING AND ELECTRIC). FOLIO NO: 62090200007 VIOLATION ADDRESS: 11263 TAMIAMI TRAIL E,UNIT:D,NAPLES,FL 15. CASE NO: CESD20140015264 OWNER: KATHLEEN SORBARA ada OFFICER: INVESTIGATOR DELICIA PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 90 NATURAL RESOURCES,ARTICLE II WATER RESOURCES MANAGEMENT,DIVISION 2 PERMITS, SECTION 90-41 F(8). OBSERVED DRAINAGE OVERFLOW PIPE WHICH DIRECTLY DRAINS TO OTHER LAND OWNERS PROPERTY. OBSERVED IMPERVIOUS FOUNDATION ON ENTIRE REAR YARD. FOLIO NO: 24022040008 VIOLATION ADDRESS: 55 BURNING TREE DR,NAPLES,FL 6. OLD BUSINESS ^ A. Motion for Imposition of Fines/Liens 1. CASE NO: CEROW20140009627 OWNER: DAVID& ZENAIDA FALATO tab a3 OFFICER: INVESTIGATOR MICHAEL CLARK VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 110,ROADS AND BRIDGES,ARTICLE II,CONSTRUCTION IN RIGHT-OF-WAY, SECTION 110-31(A). UNPERMITTED AND DAMAGED CULVERT. FOLIO NO: 77210960002 VIOLATION ADDRESS: 130 2ND ST,NAPLES,FL 2. OWNER:R: MICHAEL&AMY OWNER: MICHAEL&AMY FACUNDO a4 iib OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY CODE OF LAWS,CHAPTER 22,BUILDINGS AND BUILDING REGULATIONS,ARTICLE II,FLORIDA BUILDING CODE,ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(B)(104.5.1.4.4).EXPIRED COLLIER COUNTY BUILDING PERMITS. FOLIO NO: 63860280007 VIOLATION ADDRESS: 318 WASHINGTON AVE,IMMOKALEE,FL 7 3. CASE NO: CESD20130001292 * 316 25' OWNER: CHRISTOPHER S.ESENBERG OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).ADDITIONS/ALTERATIONS MADE TO STRUCTURE WITHOUT FIRST OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 47871280009 VIOLATION ADDRESS: 3315 GUILFORD RD,NAPLES,FL 4. CASE NO: CELU20120015005 OWNER: ALBERT BENARROCH tZb a OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED;'SECTION 1.04.01(A). COMMERCIAL LANDSCAPE BUSINESS BEING CONDUCTED WITHOUT A VALID BUSINESS TAX RECEIPT AND ANY OTHER REQUIRED COLLIER COUNTY AUTHORIZATION. FOLIO NO: 750680709 VIOLATION ADDRESS: 2390 JAMES RD,NAPLES,FL 5. CASE NO: CESD20120002439 OWNER: KONSTANTINE E.&MERRILL L.KOMNINOS a b ri OFFICER: INVESTIGATOR JONATHAN MUSSE V VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 130,ARTICLE III, SECTION 130-96(A);2007 FLORIDA BUILDING CODE,CHAPTER 1, SECTION 110.1 AND ORDINANCE 04-41,THE COLLIER COUNTY LAND DEVELOPMENT CODE,AS AMENDED SECTIONS 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E)(I). NO CERTIFICATE OF OCCUPANCY FOR GARAGE CONVERSION,CBS 3-CAR GARAGE,OR SHINGLE RE-ROOF.AN 8X38 ADDITION TO SINGLE FAMILY HOME,WOODEN FENCE,AND THREE ACCESSORY STRUCTURES WERE ADDED WITHOUT PERMITS. FOLIO NO: 41933010003 VIOLATION ADDRESS: 6161 SPANISH OAKS LN,NAPLES,FL 6. CASE OWNER: ELI CEPM20140005585 DANNIE ELI WALLEN&DANNIE DEVOL tab as 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, SUB-SECTION(12)(N).WOODEN FENCE IN DISREPAIR. FOLIO NO: 62766360006 VIOLATION ADDRESS: 707 94TH AVE N,NAPLES,FL 8 7. CASE NO: CESD20130008321 OWNER: ANTONIO LOUISSAINT + 3 b 414, OFFICER: INVESTIGATOR MARIA RODRIGUEZ �.� VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).AN UNPERMITTED ADDITION BEING USED AS LIVING SPACE WITH A THREE FIXTURE BATHROOM TO INCLUDE ELECTRIC AND PLUMBING.ALSO INSTALLED NEW WINDOWS AND DOORS.ALL CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE(S)OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY BUILDING CODE. FOLIO NO: 134120005 VIOLATION ADDRESS: 610 S 5TH ST,IMMOKALEE,FL B. Motion for Reduction of Fines/Lien C. Motion to Rescind Previously Issued Order D. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE—NOVEMBER 21,2014 12. ADJOURN 9 Ait i T j 4- 5 A- z y <. LAW OFFICE OF 851 Fifth Avenue North• Suite 306 •Naples,FL 34102 Office: (239)963-1635 •Fax: (239) 791-1208 SA Jo SAAI www.SaadLegal.com Sam J. Saad III, Founder and Senior Attorney,Licensed in Florida and Washington, DC David T. Lupo, Senior Counsel,Licensed in Florida October 6,2014 VIA EMAIL(teresatooley @colliergov.net)AND US MAIL Teresa Tooley �. Collier County Code Enforcement Board 3299 Tamiami Trail East Naples, FL 34104-4288 i. RE: MOTION FOR EXTENSION OF TIME Case: BOARD OF COUNTY COMMISSIONERS V. FAIRHOMES SILVER LININGS PROPERTIES,LLC Case#:CESD20140000219 Dear Ms.Toolcy, I write to you to request that a Motion for Extension be placed on the Code Enforcement Board agenda for their October 23, 2014 meeting in the above referenced case. Please consider this correspondence my client's request for an extension. As we discussed in our phone conference on September 30,2014,my client is working vigorously to complete all of the required work but will not be done by the October 22, 2014 deadline stated in the Order of the Board signed August 6, 2014. Therefore,my client respectfully requests an additional 60 days to complete the required work before being assesses daily fines. Should the Board grant this request, the property owner would have until December 22, 2014 to abate all violations. I must make this request because my client was not able to start the demolition job when they received its permits because there was a tenant in the property who would not allowing the demolition crew on to the property to complete the project. We fixed that problem by evicting the tenant and are moving as quickly as possible to bring the property into compliance. As of this writing,my client's contractor, Sweet Sheldon Homes,Inc.,is working inside the property and nearly complete with the demolition. Once the demolition is complete,the County will have to complete a final demolition inspection in order to close out the demolition permits. After closing the demolition permits, the general contractor's engineer must come out to do an inspection,and give the architect the requirements for the rebuild. From the engineer's findings,my client's architect will draw plans to repair the necessary items. In order to expedite the process,my client will have the engineer do a permit by affidavit with the architect's drawings and submit the permit to I. Collier County Permitting, and then complete the work as quickly as possible. - 4 r 7 . I 20,._.c�,.��.r 'J 4 z+.i•--'�+r�K-�d':"�k� .,u � ��u' i '� � ��lj1lll/10�1 P/l SCQTQ t f j�/ ( il r egP3 AT—al d • !* .fi #,V14 t4 4 1� �rrE i .�tda W� � L tAZIW.k4- Should you or the Board require additional information,please do not hesitate to contact me at (239) 963-1635. Respec j.• y sub ed, f :. .I.a�III 1 , CC: Fairhomes Silver Linings Properties,LLC i P k k[[ 4 l f i n 4u4 l 1 E 1 r, t l , a i f k I: t /"\, 1' t INSTR 5019535 OR 5067 PG 3698 RECORDED 8/15/2014 11:19 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.: CESD20140000219 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. FAIRHOMES SILVER LININGS,LLC Respondent .- ,,p----- - i ORDERCODE ENFORCE OARD THIS CAUSE came on f•(pu be ore ••e Enfo em t Board on July 24,2014,and the Code Enforcement Board, havin: he id testimon 3, oath, vex evi nce, and heard respective to all appropriate matters,thereupon iss es i - c• (•ii! \ • ''a ,aid Order of the Board,as follows: 1 0 GS 1• ACT E-, I. Respondent,Fairhomes Si v 'Wings,LLC,is the own-_•f Fes property. l 2. Respondent was notified oft -int f hearing by certified 1.do y posting and the Code Enforcement Board has jurisdiction of this m: 3. Respondent,having been duly notified, . re t EjPublic hearing in person and by counsel,Sam Saad III,Esq.and entered into a Stipulation. 4. The real property located at 4112 Coconut Circle South,Naples,Florida,34104,Folio 26681800001, more particularly described as Lot 28,Block D,Coconut Grove,Unit 3,according to the plat thereof,as recorded in Plat Book 5,Page 5,of the Public records of Collier County,Florida is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(I)(a) and I0.02.06(B)(1)(exi),in the following particulars: Improvements to property without required permits,inspections and Certificate of Completion/Occupancy. 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: A. Respondent is found guilty of Ordinance 04-41,as amended,the Collier County Land Development Code, Sections 10.02.06(B)(1)(a)and I0.02.06(B)(l)(e)(i). OR 5067 PG 3699 B. Respondent must abate the violation by obtaining all required Collier County Building Permits or Demolition permit,inspections and Certificate of Completion/Occupancy on or before October 22,2014 or a fine of$200.00 per day will be imposed for each day the violation remains thereafter. C. If 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. - D. Respondent is ordered to pay all operational costs incurred in the prosecution of this case in the amount of $63.44 on or before August 23,2014. E. 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 fd- a: _;._1lf i 4 at Collier County,Florida. 1� ODE E i'O' '4 . T :4lARD • LIER % • , r"••RIDA (rM1111 ---170-..._ ∎ ��i� ^ `� �' .r i;�'1�:1.�'1tE`�A�l �air 40 esoe ive : *lutes ..c 41 ii..,/ STATE OF FLORIDA ) � )SS: � .. COUNTY OF COLLIER) 0 The fore g instrument was acknowle gg•- • e me this •_ i" , 2014, Robert Kaufman,Chair of the Cod< np--11-n .t. o a. @r Conn Florida,who is personally known to me or who-ha t..1-ced :: :. Driver License as identification. '1 :r.t''‘ KAREN G BAILEY OT• 'Y PUBLI MY COMMISSION#EE875121 My commission expires: , ,�. . '. EXPIRES February 14,2017 (407)39B-0153 FlaidallotarySorvice.com PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within.thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. OR 5067 PG 3700 Cl� n CI) ° 11°1:- V i~ .t...,..i(4 ' - ' 7: \ AL.:)// \\\N ,.,.0 41E4 olk-iv/ State of Florida County of COLLIER I HEREBY CERTIFY THAT,thiS is:a.true and correct copy of a di cut tt&e';ftiein. Board Minutes ytdi et o . ofCt r-County WITNESS roy i:'tf an6 .i:eaflis I LI-"\day cif.. 't.•s";L► . DWI. T E B€iOCK RK OF COEIRTS ----ay tttr4k:''. ' • . f. ---... ' .! 1 c OR 5067 PG 3701 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Fairhomes Silver Linings,LLC,Charles Mann,2800 Davis Blvd.,#200,N..'les,FL 34104 and to Sam Saad,Ill Esq.,851 5th Avenue N.,Ste.306,Naples,Florida 34102 this Jpday of �� •A ,2014. ill 9. M.Jean 1 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,, COO \\ 177------C) PV ,-, C 0 ,. ... r,,,,E-1 { .4 ® *** oR 5067 PG 3702 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20140000219 Charles Mann ? Fairhomes Silver Linings ' Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,>Aw�"T 2_11,A}-\�i>u..). rszs ft•k4on behalf of )msel or herselfgi r sen ativ for Respondent and enters into this Stipulation and Agreement with Collier County as to'the resolution •o Notices of Violation in reference (case) number CESD20140000219 dated the 3rd day of February, 2014. In consideration of the disposition and reso obi i s outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ,t • pr. ee iency in the administration of the code enforcement process; and to obtain/a6rand expeditious e a tion of the matters outlined therein the parties hereto agree as follows: / 1) The violations noted in the refire ea•a e . e of Vtota o are - cu to and I stipulate to their existence. Improvements to property withoi4 r-• ' ed i . '11 •-•t'• -nd certificate of completion/occupancy. r-. THEREFORE, it is agreed betwe the p:rti- t attht•o s. II; 1) Pay operational costs in th afi•unt of$63.44 inca' ed iii th-?:1.secution of this case within 30 days of this hearing. 2) Abate all violations by: A Obtaining all required Collier `' :uildin• •-rz or Demolition Permit, inspections, and Certificate of Completion/Occupancy Wi AZ'C o this hearing or a fine of$) 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 Ole violation into compliance and may use the assistance of the Collier County Sheriff's Office to enf r,.c'e the provisions of this agreement and all costs of abatement shall be assessed to the property owner l' the, provisions �,�. fir, ,, v or Representative(sign) loo .' Jeff Wright, Director Code Enforcement Department r, • 'Z 5th b i7� 1-1-ori^-t Vier �� Respondent or Representative (print) Date at .F,rrtcJ 5ftlt.Grtr, ?a f7 eJ, L L G. j: - 1- 24- (4, 0,i,te REV 12/3013 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. FAIRHOMES SILVER LININGS LLC Inv. Arhtur Ford Department Case No. CESD20140000219 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 7 12 $ 0.04 $2.94 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $13.17 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: $64.17 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $64.17 434*5161i 5( 1)3 ffigvhe R.L4r6/0K- __. r s A C., '),C)V--bb w Dd c_Cbm),116.116,11(2. • .4. / iljyYLO al-1Q • JILIA ± Pcuf31 ) 0 0 -frnd 4°17"1&1 /d CLitel , /iv) L./ L1 ei 41, . r . , f 061(1.06-011,_. fl1LCI Ci 4111-4t-61 /7 Yj ■-■ INSTR 4966225 OR 5025 PG 159 RECORDED 4/9/2014 9:22 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130008321 vs. ANTONIO LOUISSAINT, Respondent FINDKGS 6QlI!i bUSIONS OOF�LA 'AicIb ORDER O DARD THIS CAUSE came on for public Gann fore-the\Board on March 22\201 ,and the Board,having heard nc anth res ctiVe-to 1 app rd riat matters,thereupon issues its testimony under oath,received evyfle ,� ea�d pe `�1 Findings of Fact,Conclusions of Law an' • 'er aid,as'follows „in jj / 1. That Antonio Louissain is o° er bf a ub rope 2. That the Code Enforcem 'I` oard has jurisdiction o e pe 'n o t rte` espondent and that the Respondent,having been duly no ppeared at the public l ng an' ea to d into a Stipulation. 3. That the Respondent was n ed f the date of hearing by fed mail and by posting. ( 4. That the real property located at 15 e €1e�,Plorida 34132,Folio 00134120005,more particularly described as: A tract or parcel of tit tyrag ntioti9,Township 47 South,Range 29 East,Collier County,Florida,more particularly described as follows: The South 132.90 feet of the West half(W1/2)of the Northeast one-quarter(NE'/.)of the Southwest one-quarter(SW'A)of the Northeast one-quarter(NE'/)of the Northeast one-quarter(NE'/)of Section 9,Township 47 South,Range 29,East,Collier County,Florida,less the Westerly 30 feet for road right-of-way. LESS AND EXCEPT: Commencing at the Southeast corner of the South 132.90 feet of the West half(W'A)of the Northwest one-quarter(NW'/,)of the Southwest one-quarter(SW'/)of the Northeast one-quarter(NE 1/4)of the Northeast one-quarter(NE 1/4)of Section 9,Township 47 South,Range 29 East,Collier County,Florida,thence Northerly along the East line of said fraction of a Section for 116.17 feet to the prolongation of an existing chain link fence and the point of beginning of the lands herein described,thence continue Northerly along said East line of said fraction of a Section for 16.71 feet;thence Westerly along the Northerly line of said fraction of a Section for 137.20 feet to the Easterly right-of-way of South 5th Street(60 feet wide);thence Southerly along said Easterly right-of-way for 18.82 feet,to the prolongation of an existing chain link fence;thence,leaving said Easterly right-of-way,Easterly along an existing chain link fence for 137.29 feet to the Fasterly line of said fraction of a section and the point of beginning is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(BXIXa)in the following particulars: An unpermitted addition being used as living space with a three fixture bathroom to include electric and plumbing. Also installed new windows and doors all constructed without first obtaining the authorization of the required permits,inspections,and certificates of occupancy as required by the Collier County Building Code. 5. The violation has not been abated as of the date of the public hearing. OR 5025 PG 160 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: I. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(BX1XA). 2. That the Respondent must obtain all required Collier County Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 180 days(September 23,2014)or a fine of$250.00 per day will be imposed until the violation is abated. 3. That the Respondent must turn off the utilities for all unpermitted living space within 24 hours(March 28,2014)and the living space is to remain unoccupied until the building permit or demolition permit has received a Certificate of Completion/Occupancy or a finest 2 {pP-erday will be imposed until the violation is abated. 4. If the Respondent fails to cory _tS-Ordirl e ter County Code Enforcement Department may abate the violation using any method gthe violation 'c�nnl lance. If necessary,the County may request the services of the Collier Con i erifl's Office for the p sa'o accessing the property for abatement. All costs of abatement shall be asssed ng inst-the-property. ' 5. The Respondent is o erect,'to Pay4Itoperafibh 1 c$o'is incurd in the prosecution of this Case in the amount of 564.04 wi in 310 cjays„AAp ,2s. 4 . \\\` 6. Respondent shall n tify e ' n�o se ve ._.,.$ in 4 hours of abatement or compliance so that a final inspec ion a be rfc(rm d t•• s inn `m. i ce. (-)\ 1t�� DONE AND ORDERE /11i obi day of !3. 20 4 at :iiIII r County,Florida. CO.E ., •' 'p ! :e• • 10 •LLIE' i its V LORIDA �ir :td� .rt aufman,Ar 2800 North Ho ( .- Drive Napl• ,Flori•- 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore oing instrument was acknowledged before me this 31 day of 1\1i6Y-ct% , 2014 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has p uced a F •ida Driver's License as identification. NOTA Y PUBLIC _ ?'� •REN G BAILEY My commission expires :'? MY COMMISSION#EE875121 +'�` " EXPIRES February 14.2017 1.07j]930153 ncridaWterySe.vice cam PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. OR 5025 PG 161 0 \ ER 1111 IRV ~~~` OR 5025 PG 162 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 Antonio Louissaint,P.O.Box 501,Immokalee,Florida 34143 this,3 t day of tkkf.Y'LlA ,2014. • M.J Rawson,Esq. Florida Bar No.750311 r the Code Enforcement Board � g l oad N.,Ste.210 Maples, ' 02 (239)263-821. C)...4 CC F-4 *** OR 5025 PG 163 *** BOARD OF COUNTY COMMISSIONERS i Collier County, Florida 11 Petitioner, VS. Case No. CESD20130008321 Antonio Loussaint Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Antonio Loussaint, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130008321 dated the 28'h day of June, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 27, 2014; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and--e ti& resolution of the matters outlined therein the parties hereto agree as follows: /��,, � 1) The violations noted in the refereng5�ie of Violat clot n Vic, rate and I stipulate to their existence. THEREFORE, it is agreed between th pates that the Responden hal, 1) Pay operational costs in the/im nt'6�f'$ 0 J curr d in the ros2cution of this case within 30 days of this hearing. / r __ 2) Abate all violations by: Ob aini g l qt re olli o n uildi g Permits(s) or Demolition , Permit, inspections, and C ( t of 'o p ti n/6 cup c within days of this hearing or I a fine of$250.00 per day w( iirrp e 'i'fhe-vislatio- 's--bbte~ /go 3) Turning off utilities for all un e 'tted living space wi ' 24 hotdrs this hearing and remaining unoccupied until the building a•ermit or demolitio pe m/ s received a certificate of completion/occupancy or a fin a 0.00 per day will be >Ogd until the violation is abated. 4) Respondent must notify Code�afa -,-•-nt within 2�0 9//abatement of the violation and request the Investigator perform a site rnspe ior't s be. (24 hours notice shall be by phone or fax and made during the iki IV tonoifthiekbal 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 lega11 iiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. et,_.(,_,- p Respondent or Representative(sign) for Jeff Wright, Director Code Enforcement Department (Antonio Loussaint) -- 1� 'a ( 0 1 I l Respondent or/Represintative (print) Date ,r% <.._- — Witness es■ - Fr., sios ( ign) • /Witness Jesula_E sins (Print) , Date _` "��,1 yi, I, Jesula Fransois, daughter or Antonio L translated this document to my father and witnessed his signature symbol. Initials: REV 1213013 ■ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130008321 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. LOUISSAINT,ANTONIO,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 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 obtain all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 180 days (September 23, 2014) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5025 PG 159 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 25,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent failed obtain all required Collier County Building ^ Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 180 days (September 23,2014). FURTHER AFFIANT SAYETH NOT. DATED this 25 day of September,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 'Alt__ 72------ Maria Rodriguez Code Enforcement O icial STATE OF FLORIDA COUNTY OF COLLIER 4- t�IJ-( Sworn to(or affirmed);a subscribed before me this�(O day of ,2014 by Maria Rodriguez ,(Siartature ofNotaryP blic)' IA 1 a\r n l t(\e.c.(�, Far Put, AIAMpR FINNEGAhi t `o ' MY COMMISSION#EE TIM: (Print/Type/Stamp Commissioned Nametif Notary Public) +� ;r:*--;`-' , �i-; * EX PIRES:April 20,2016 " e�p.V Bonded Thru Budget Notary Services Personally known 1' - daTiakt=mac) COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20140009530 Board of County Commissioners, Collier County, Florida Vs. Wayne Mansueto Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) Steven Lopez-Silvero, Code Enforcement Official Department Case No.: CESD20140009530 DESCRIPTION OF VIOLATION: Observed an existing mobile home that had been demolished and a new mobile home set up on improved residential property without first applying for and obtaining the required building permit(s), inspections, and certificate of completion/occupancy. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ Cc 5,C incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) and 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 PO1140 ' .1§1/146"5te) t BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20140009530 Wayne Mansueto Respondent(s). STIPULATION/AGREEMENT COMES NOW, the undersigned, Mansueto, Wayne, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20140009530 dated the 25th day of August, 2014. In consideration of the disposition and re olut_" n of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 1C . ., H ; 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 $ ,; t incurred in the prosecution of this case within 30 days of this hearing. c 2) Abate all violations by obtaining all required Collier County Building Permit(s) and Demolition Permit, inspections, and Certificate of Completion/Occupancy within itC days of this hearing or a fine of 1-200 Co 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 rs 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 Jorovisions of this agreement and all costs of abatement shall be assessed to the property own r ' ) Respondent or Representative (sign) 'c :' Jeff Wright, Director Code Enforcement Department artment Respondent or Representative (print) Date Dat REV 12/3013 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner Vs. DEPT. CASE NO.: CESD20140009530 Wayne Mansueto, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1) (a) 2. Description of Violation: Observed an existing mobile home that had been demolished and a new mobile home set up on improved residential property without first applying for and obtaining the required building permit(s), inspections,and certificate of completion/occupancy. 3. Location/address where violation exists:217 Swain St.Copeland,FL 34137 (Folio:01134803101) 4. Name and address of owner/person in charge of violation location: Mansueto, Wayne.PO Box 37 Copeland,FL 34137 5. Date violation first observed: May 16,2014 6. Date owner/person in charge given Notice of Violation:August 27,2014 7. Date on/by which violation to be corrected: September 04,2014 8. Date of re-inspection: September 05,2014 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 ublic earing. Dated this 5th day of September,2014. Steven Lopez-Silvero Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed, d subscribed before this)day of ,2014 by Steven Lopez-Silvero (Signature of Notary Public) ab (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA , Maria F Rodriguez Ccmmission:# EE 049566 =Expire.,. JAN.16,2015 REV 1-2-13 BONDED now ATLAM1C1,ONDD G CO,INC. • Case Number:CESD20140009530 Date:August 25,2014 Investigator:Steven Lopez-Silvero Phone: 239-877-8141 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MANSUETO, WAYNE PO BOX 37 COPELAND, FL 34137 Location:217 SWAIN ST Unincorporated Collier County Zoning Dist:VR Property Legal Description: 13 52 29 UNREC'D PAR 15 DESC AS:COMM AT E1/4 CNR SEC 13, N68DEG W 987.57FT,S 42DEG W 37FT,S 1 DEG W 487.95FT, N 88DEG Folio: 1134803101 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: Observed an existing mobile home that had been demolished and a new mobile home set up on improved residential property without first applying for and obtaining the required building permit(s), inspections, and certificate of completion/occupancy. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances by applying for and obtaining all Collier County Demolition/Building permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: September 04,2014 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 vs 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone:239 252-2440 FAX:239 252-2343 Steven Lopez-Silvero Signature an., itle of Recipient f-)1 Printed 'ame of R cipient ate/ *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. • • • • • • • • .• • AFFIDAVIT OF SERVICE Code Case Number: CESD20140009530 -t•Respondent(s): 11' MANSUETO, WAYNE THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] • XNotice of Violation •''• • _Notice of Hearing -4, Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Steven Lopez-Silvero, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s)for the above respondent(s) to Wayne Mansueto at PO BOX 37 on August 27, 2014 (Date), at 7 • 12:00pm (Time). • • : • (Signature of Code Enforcement Official) Steven Lopez-Silvero STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me • ; this ,r1 7" day of .414(zial– ,2014 by• • , Steven Lopez-Silvero(NamlSof person making statement) 7 • (Signature of Notary ublic) (Print,type or stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA XPersonally known Mia F.441'6)Commission Commission R#oEcirE0i4g9u5e6z6 ,„•:'Expires: Produced identification THR ATL JAN.16,2015 BONDING CO.,INC. Type of identification produced • . — • . • 10.02.06 Requirements for Permits B. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether • applications for building or land alteration permits, as required by the Collier • County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development • plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. • RECORDED IPICIAORRaco 3546 PG: COORI67I1 04/20/2004 at 12:39PB DWIGHT E. BROCI, CLERI COBS 8000.00 Return to: Ric IEE 19.50 DOC-.70 56.00 Retn: Wayne Mansueto WADI NAIfSDETO P.O. Box 37 P 0 B0! 31 Copeland, Florida 34137 COPELARD IL 34137 • Property Appraisers Parcel ID: (Folio #01134803101 QUIT-CLAIM DEED !h This QUIT-CLAM DEED,Executed this 2,o` day of APR A.D. 20 0`f, by Gladys L. Smith, a single woman, whose address is 4075 4th Avenue SE,Naples, Florida 34117, First Party, to Wayne Mansueto, a single man, whose address is P.O. Box 37, Copeland, Florida 34137, Second Party. C (Wherever used herein the terms"fir: ' - ••• ' shall include all the parties to this instrument and the heirs, legal cute tatives , and assi..• o- Elividuals, and the successors and assigns of corporations, wher rer the-context so admits or requires.) WTTNESSETH, That the s4id first ty-fit 0 t.'• - : ion or the sum of Eight Thousand ($8,000.00) Dollars, in hand aibM 4e)said • p: th receipt whereof is hereby acknowledged,does hereby terre,r,ellea's d tit-Maim t tliea'd second party forever, all the right,title,interest,claim andideriiand which the said t p. h and to the following described lot,piece or parcel of land,sit d.ying,and being in t - clti yi , • • 011: 3546 PG: 0168. . IN WITNESS WHEREOF,The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of:-c--- e- )°1-770.4,--r...a-i -J./ f• 4 i-,.1,.../.41 tress Gladys L mith • Print Name t 12-16/tt 1£C " - witness _ Print Name 1/6e, 40,/R7>i ., STATE OF -=q-� G COUNTY OF eceeece - �i .,r-% - r. The foregoing instrument wassack ovylcdged'before-meihis _4/ day of ae,Le, . • 2004, by Ora?,r�h rb•1• ,1 ow to me or w haouced 2)L t L o de i and who did/did not take an oath. r---............... \' ,. Signature•=-Np : ;. b:r! (SEAL) v LA . , i+ �Oa7 .a� � ',i,.{�,.. 0 ,L9-)17W- :ii i &mad.., < _T Jy or stamp name of Not •f. MoJ azy) .ii My Commission Expires: 54" q i I: 1 2. is, ii 1 • i AEl-1c4t'lRR?, FSR.E-SovTFt FL-01:t.‘VQt�,c1A R t`1Rtfic.SME1.1T- D BOUNDARY SURVEY �RTIOw1F}L C.EO�ET�� /eR-r��` pATUt1 OF- ,�� Q = E L E.v '1 t o t∎15 \ :., Pc \ 4 4 De EXHIBIT A h • N u t.iRE_mR>Et> 040.Pt,\''ol+T oP WRY P=RCEA_ 2.0 Qn 1RA111 LR% E (Fo R TI LY •e, T,e'rL�-.) • U►..1RG-01Zi�EQ PS4(ZcE , x x )a ,c x �--- r QT • 88°- 3c E . 6-1.o //Z.° '''''''--- ------"'-'''''.\,:kc't' ( a 1 _.,•—, t i(' t W v I: a • J. l 0._ ,. LP if tri (0 0 ' 1 -..._,-) '2.-) 'r--1 ')), 1, i 0. .„- \i--\\ )..... )5:7 I 10 -.1 1. t- 0 N 7 - N � � Q 91j -b F. >nd ,J al 5 � p � p o 1 I� s Jl •--� li V rn • (L ‘..c., O \�(° ,.>E p�tijj‘ : E rTrR Q 0 NI. 8 6°- 34' \..1. 1 2A-RYIE"D I s%I Po« i' FIRE ES _ IiYo �T 5 ■ ' I0 BE1.]Crt MRS Q m ELE V WT g..›.1- G.35� t'J . 'r I i `c t'..► P.1e. 't 3 RA S- \.5K -Hi5•1-7- Gay T- 1cot-►T ol= w AY rs. 88°-34 rJ. a'? ir------a- 2 e- tU-1'ERLItJE WA11J "TR•e.-T'Jr <FOR,tl ER,LY "f .-1-1=t,E>!T') Easements shown on this drawing are from record plat. Any other EDGE of i9s Arr,9LT_..— easements pertaining to herein described lands must be furnished to surveyor by client per Florida Statute 81G17-8.003((10)F.A.C. F-ao' zo\.a E•R E' FEZ FL-OOO I I.1.L TZR IVCE RAT•. MF 1 GoMno t.1.�T`( P R t.►Et... '-:t2OOc iCCC�7, TEA,-cp 3 -EiG -LE\IF�TIDL1 ?-OD UUMT3E�z gr`.. a' kkv •.;. :a • • I:.r'[R1C:r 8th 2$-3 t 67 EXHIBIT :f1„. OBINETTE AND EATON P_gcE orr . 1D11.1<o OF 5 -6�'j �" $O `4z PRE t42� I LAND SURVEYING INC. W 3470 1=7 AVE. N.W., NAPLES, R 34120 .fie,,,"l Ir� 941 • 353 • OOSS FAX 941 - 353 • 0523 8 Q u FOR TEu.FN Moa s R Ild ;. �6 S� -Qt DESCRIPTION a• ' QV PF1RCEl_ 1S 1..Y4►�G Its► Z�l-1E • puTN '/t 1 uy: =t.`+ OF GOpELA1.1a v 11_�F1GEV]1.�RFc-neoE* A_Y P tis G, 1!v -I-N-1 E E Fw sT yz o F . .c_-"\---10t...1. nth EF��T yf� Cpl %3 Towrs�tI %P Sz Soul-r{ RRti�E z° .I;g:f.'. •Ec-T10)J 1% Z'�•CN*4i1P E�Sr• GOt_l_lER GOUt-ic-r)� PLOR11�'A • 52 5o�3L�-I.,A.Fvb•LGEa :�Y Eja' 'T coN-i-1 ER c-0OW' N .� TY, FL.t)R1DF? . ��i CE t ECoRt L7E�GRIPT10►.1• CERTIFICATE tl I HEREBY CERTIFY TO W'PIN.'Li E M Pt►.>,sv ETo ~ W 2 0 1 4 Q Z a' N • 1..1 ( 4. • 1-1E (N Cl. ON 3ww � ��y$, `�—yam `:" ...3 4 1E1 • O U n . - m Z /� A Stlfi W O !,-, `SHAT F THE HEREON DESCRIBED PROPERTY WAS W 4. c0 z )-I c' 3 D c'7 EL ~'" P'•7 MADE UND YDIRECTION AND TO THE BEST OF MY KNOWLEDGE rr ( `. O m z Z m o 0 E4'C'/Q Q AND BELIEF ME ES THE MINIMUM TECHNICAL STANDARDS AS PER a = ko ,. m W W I`: ` a N I' -, CHAPTER81G17- F.A. I : zwza � aoao v� - I.4.: ..-1 Ea 3Ocz ao • / :1:3v, 1... .? Q EO'' u3OHOcoz W /-7Of 1� 0 Arr jjWW �t \ / '> '. Za '1EWG. NZzZir ni 1 , 3` ;\ v e�z � EZ1 4 4 .. .,, .a. . - � " NE Lcci.' rs. 5 z O .-1 cv co U z H W '�� , .P.S.M. l O- 3-°9') ,41- r,I; 0O OHC1. e7 ZH +1 �� DATE t sl U W 0 -' .� w W E Lr - p a 1'. E O w U z Z F Fw JOSEPH P.- BI g ESSIONAL SURVEYOR&MAPPER,NO.4944 W N U a m co Z E O w w . DOUGLAS r PROFESSIONAL SURVEYOR&MAPPER, .. I,• O (N w w E-4 C7 W U W w FLORIDA CE / .LB.5982 R No.St80 .'.. v] 4x ELwW � T' . C.y i O. in - O G' F E w Z �N. f ,.r. THIS-G TFIc�dN IS ONLY FOR THE LANDS AS DESCRIBED .A. �-1 0 Ei H - w U n n f-1 ti " f'A6 V i w w aG Z m v o El E -+T-IS-NOT A CERTIFICATION OF TITLE.ZONING OR FREEDOM OF .zy 7 x z NCUMBERANCES. 1. U CO wO HirlEc000 � (,7 E+ 3 x Z U CG Y a 01 ¢ THIS CERTIFICATION IS NOT VALID UNLESS SEALED WITH THE c 0 O • w EMBOSSED SEAL. o 3 O E. o• O = , n O W F' U w c>: m a. W Z w ABSTRACT NOT REVIEWED. r--� i H 1;; W Q .7 O -Q• H - - m ■ 0 = •--1 N....-2 w >+ • Z N N El 0 :FOUND CONCRETE MONUMENT Z ,= O O w F 31-1 Z • a SET CONCRETE MONUMENT ''E AT- i 1*_ ,; ZOO E-4 Ow-40Z¢ - w .� O O =POUND IRON PIN R� • ,{.-i o�,.�I.s 1_Q'>uI.-, i " " 4 E w N O e. m O O O • =SET IRON PIN S/8•X18•AND CAP STAMPED L.B.5882 :i_:. p U.O U N .., F w w - E:a Z• co D =FOUND OR SET NAIL Lcy.;_"«°' 'ca ..7 4 E+ O t>r e O ,Q • O =FOUND OR SET DRILL HOLE ; - s aNw wwwww -+ wwm E01wmMa � UZZcO - REVISIONS 1} 0NEZE El NO0 6-4 = = zo • �s ELI lncnuwaHE4J-I ? Z∎-,= O • w U• ao OZNow24 •- •- 40 I:' E+ E+ U Z4cD OW EiE+ WO •?„ Ha01u) 7raw W CO • f., ,Q w U 4 W El 0 w w z DATE OF SURVEY w = 3ra ••• E" K" E'' Ao -3- g� V'` C.) ...1 EE-' c) OE- E-I00 0z F.B. 48 ;�-. Q � o E ° z CO Cww • • z ,..1 PAGE �� o0w I wwWf•sr, ..Iw SCALE l• = 2-p z c.) CnCVCnaC=. waoc0ZCO DRAWN i . . CHECKED.11Qg, 1 ry _Tr- FILE NO. . '7.22� c..83 - .i y'l' CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. WAYNE MANSUETO Inv. STEVEN LOPEZ-SILVERO Department Case No. CESD20140009530 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 9 12 $ 0.04 $3.78 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.01 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: $65.01 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages, Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $65.01 torf T-L411 4f4Z1- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20140008250 Board of County Commissioners, Collier County, Florida Vs. Jerilyn Neuhaus Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 1.04.01(A), Collier County Land Development Code 04-41 as amended, Section 2.02.03 Michael Clark, Code Enforcement Official Department Case No. CELU20140008250 DESCRIPTION OF VIOLATION: Recreational vehicles/equipment stored at location not approved for such use RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: G'a 4-cl 1. Must cease and remove all unauthorized storage of vehicles and equipment from the property to an area designated for such use within days of this hearing or a fine of$ 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. Jeri Neuhaus From: ClarkMichael [MichaelClark @colliergov.net] Sent: Tuesday, May 06, 2014 3:39 PM To: Jeri Neuhaus Cc: jcrogerslaw @comcast.net Subject: RE: 365 Capri - Boat Trailers Good Afternoon, Jeri, it was great to see you as always and I can still provide you with a copy of the ordinance we spoke about. However, The ordinance here works better for all parties involved. You have the option of either removing the vehicles or erect the 7ft fence sine this recreational vehicles are not for sale or resale.Also, ! am not quite clear on the real-estate rental and sales part; can you clarify? From: Jeri Neuhaus [mailto:jeri@ islesofcapri.com] Sent: Tuesday, May 06, 2014 3:13 PM To: ClarkMichael Cc:jcrogerslaw@comcast.net Subject: 365 Capri - Boat Trailers Hi Michael, Thanks for coming by today. If you would please send me the section of the code that relates to boat trailer storage in C-3 zoning, that would be great. I can't find anything that says I can't continue to store trailers in the rear yard (which is obscured from view on 3 sides). This has come up several times over the last many years and each time I was told that I needed to keep the trailers behind the footprint of the building which I have always done, with the exception of 1 trailer which was stored improperly for about 2 weeks and has been moved. I have and continue to view boat trailer storage as an ancillary use of my real estate business. The trailers that are stored here are for my real estate rental and sales customers. Under the Land Development Code —which no one has ever applied to my property in the past—at worst, I might be asked to erect a fence or wall. 4.02.12 Design Standards for Outdoor Storage ' A. All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. (Ord. No. 10-23, §3.S) Jeri Neuhaus, broker 239.394.2575-Office 239.825.6455-Cell 888.596.7266-Fax 1 Jeri Neuhaus From: ClarkMichael [MichaelClark @colliergov.net] Sent: Thursday, May 29, 2014 8:04 AM To: Jeri Neuhaus Subject: 365 Capri Blvd Good Morning Jeri, Welcome back! I wanted to do a follow up with you to see if you heard from zoning and business license department? Michael Clark Code Enforcement Investigator Collier County Code Enforcement Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Office: (239)252-2449 (direct line) Fax: (239)252-2343 Code Enforcement main number: (239)252-2440 C tergoV.ne ' Under Florida Law,e-mail addresses are public records.It you do not want your a-mail address released in response to a public records request,do riot send electronic mail to this entity.Instead.contact this office by telephone or in writing. 1 Jeri Neuhaus From: CIarkMichael.[MichaeIGlark colliergov.net] Sent: ,,-----Thursday, June 05, 2014 5 3�Yitl4 ti To: C.w _._ Jeri Neuhaus Subject: 36 Cp'ri blvd Good afternoon Jeri, I just wanted to touch basis with you once again to inform you that I'm currently in the process of reviewing your site development plan for your property to see if that can provide any additional information and share more light on this matter. Mr. Bellows is out of the - office. today-and-.I'm-.-not sure-if he will be-in tomorrow but either way you can disregard the date on the notice I provided for you because of my research. Sent from my iPhone On Jun 4, 2014, at 9:26 AM, "Jeri Neuhaus" <jeri@ islesofcapri.com<mailto:jeri @islesofcapri.com» wrote: Ok. See u then. Sent from my iPhone Jeri Neuhaus On Jun 4, 2014, at 9:22 AM, ClarkMichael <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: How about 11:30am From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Wednesday, June 04, 2014 9:20 AM To: ClarkMichael Subject: Re: 365 Capri Blvd With the exception of lunch I should be in most of the day. Do u want to set a time? Sent from my iPhone Jeri Neuhaus On Jun 4,=-2014, at 7:55 AM, ClarkMichael <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: od Morning Jeri, 1\411 at your location today regarding the final determination by the Zoning atsager. Will you Win• the-office.today?....--..a_-.._..._.Y. From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Monday, June 02, 2014 2:57 PM To: ClarkMichael Cc: PaulRenald Subject: Re: 365 Capri Blvd My mobile is 825-6455. Sent from my iPhone Jeri Neuhaus 1 On Jun 2, 2014, at 2:18 PM, ClarkMichael <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: Good Afternoon Jeri, Can you provide me with your contact number? Renald and myself will give you call shortly From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Monday, June 02, 2014 12:28 PM To: ClarkMichael Cc: PaulRenald Subject: 365 Capri Blvd Michael, Before I traipse-down-to the county to get a permit; Im still waiting to hear from you or -'-- Renald Paul that the area Im fencing is correct. I cant get an accurate quote without being able to tell a vendor exactly the area that needs to be fenced. As I indicated earlier, Im proposing an L shaped fence that would block the view from the street. Ive left another voice mail with Renald Paul. Please let me know Ive re-attached the picture of what Im proposing. Jeri Neuhaus From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Tuesday, May 13, 2014 3:02 PM To: 'ClarkMichael' ; 'RenaldPaul@ colliergov.net<mailto:RenaldPaul @colliergov.net>' Subject: RE: 191 Tahiti Circle Hi Michael & Paul Ive attached a picture of the proposed fence line. Since the back is completely obstructed by landscaping and the parking lot (with hedges on Capri Blvd and hedges on our side), Im thinking we can fence the side line and the part that would obstruct it from view from the street. That would completely obstruct the view from people driving along Capri Blvd. I understand it needs to be 7 tall and opaque. Just wanted to make sure thats acceptable before I pursue permitting and pricing. Jeri Neuhaus From: ClarkMichael [mailto:MichaelClark @colliergov.net] Sent: Tuesday, May 13, 2014 6:09 AM To: Jeri Neuhaus Subject: RE: 191 Tahiti Circle Good Morning, I can give 3 weeks just to get the permit process started and move forward. You can contact Renald Paul @239-252-2440 to assist with fence permit. In addition, I can give you same amount on obtaining the license if you need it although you can actually start that process with a phone call and Ms. Francis can walk you through that process. From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Monday, May 12, 2014 4:43 PM To: ClarkMichael Subject: Re: 191 Tahiti Circle The recheck is for the permit not for the actual fence, right? It might take longer to actually get it constructed. 2 Sent from my iPhone Jeri Neuhaus n May 12, 2014, at 3:26 PM, ClarkMichael _�- <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: Thank you! ! Can you tell me how soon can you start the permit process for the fence permit? I will add this information to the file and perform a recheck at a later date (2 or 3 weeks 'n you need that amount of time) From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Monday, May 12, 2014 3:24 PM To: ClarkMichael Subject: Re: 191 Tahiti Circle Hi Michael. I will give her a call. Sent from my iPhone Jeri Neuhaus On May 12, 2014, at 2:52 PM, ClarkMichael <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: Good Afternoon Jeri, I am happy to inform you that the Driftwood matter is no longer an issue. The only recreational vehicles that are allowed for storage on their property are the transient lodgers. From my conversation with Mr. Tivan today, I believe my business with them may be concluded. However, I will continue to monitor Isle of Capri as always for educational opportunities and validation ofcompllpints once reported../For the you location all you will ave to do is obtain the permit for the 7ft fence to screen the recreational vehicles and obtain a business tax certificate for the seasonal rentals and this case is over. I have a contact for you and her name is Carolyn Francis #239-252-2478; she can assist you with this process. If you have any questions, I will be on the Isle sometime tomorrow or can writ- back. Thank you so much for your cooperation with the Isle of Capri Community. From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Saturday, May 10, 2014 5:16 PM To: ClarkMichael Subject: Re: 191 Tahiti Circle Cool. I will be in the office Tuesday and Wednesday for the most part but am leaving for Atlanta Thursday. Will still be available by mobile or email until I return on 23rd. Sent from my iPhone Jeri Neuhaus On May 10, 2014, at 4:27 PM, ClarkMichael <MichaelClark @colliergov.net<mailto:MichaelClark @colliergov.net» wrote: Thank you very much for your assistance with this matter. I will update you on driftwood next week. In addition, someone has contacted me on this and I will be with them next week as well. From: Jeri Neuhaus [mailto:jeri @islesofcapri.com] Sent: Thursday, May 08, 2014 3:37 PM To: ClarkMichael Subject: RE: 191 Tahiti Circle 3 Indeed I do. I called him and he said he thought he could have the trailer at the rear of the property. I told him nope cant store trailers on empty residential lots. He will be moving the trailer tomorrow and thanked me for the heads up. Jeri From: ClarkMichael [mailto:MichaelClark @colliergov.net] Sent: Thursday, May 08, 2014 3:10 PM To: Jeri Neuhaus Subject: 191 Tahiti Circle Good Afternoon Jeri, Do you know the owner of the recreational trailer at the referenced address? This is part of the multiple complaints I received. Thank you Michael Clark Code Enforcement Investigator Collier County Code Enforcement Growth Management Division 2800 North Horseshoe Drive Naples, FL 34104 Office: (239)252-2449 (direct line) Fax: (239)252-2343 Code Enforcement main number: (239)252-2440 <image001.gif> Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 4 INSTR 5032848 OR 5078 PG 3520 RECORDED 9/23/2014 4:06 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.: CELU20140008250 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. JERILYN NEUHAUS, Respondent ORDER O I- •DE ENFORCE NT BOARD THIS CAUSE came on for public eari efore th •• Enforc:ment B•:rd o August 28,2014,and the Code Enforcement Board,having cons'•ere Pal• .tr• •nt "�; e an•being advised in the premises, hereupon issues its Findings of F ct, c n lusio s a I e\•f e•ode nforcement Board,as follows: /FIN I GS O Ma ACT 1. Respondent is charged wi i• ation of Ordinance 0•• ' . • aild,the Collier County Land Development Code,Sections 10.02.0• I a)and 2.02.03 in the fo •articulars: Recreational vehicles/equipmen ord G r• .ry oved for such use. ORDER Based upon the foregoing and pursuant the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until September 25,2014. B. All parties shall be re-noticed for the subsequent hearing date. DONE AND ORDERED this \ day of 2014 at Collier County,Florida. • State of Florida CODE ENFORCEMENT BOAR• County of COLLIE cc tr4r;c,,, COLL • COUNTY,F.OR1D I HEREBY.CERTtF:y,Or plisis•atrue and t,. Gerald Lefebv ,Vi e Chair correct cep jof.a do ?men4•on liila in, 2800 North •rseshoe Drive Board Mire! sand Records of Collier County Naples,Florida 34104 �0l rt�y15a ' 4n''ffiicia seal-11)4 u ay iif {t./ DWIGHT E:BROCK CLERK OF COURTS V` 4 ` disoip *** OR 5078 PG 3521 *** • STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \-day of 2014,lay-Gerald Lefebvre;Vice Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has • •duced a Florida Driver's License as identification. "=�-s�/B. ,� KAREN G BAILEY NOTA' PUBLIC •�" MY COMMISSION#EE875121•My commission expires: +�1' EXPIRES February 1a,2017 )40T)398-0153 Findallota Sc-ice con, PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at t e 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. ,r----r--..-, APPEAL: Any aggrieved party mayapple ' order of t ') ilt'tliie Circuit Court within thirty(30)days of the execution of the Order appealed/4., ppeal shall not be a hear Novo,but shall be limited to appellate review of the record created withine on i hearilig. It is the respon ibilit}�;of the appealing party to obtain a transcribed record of the hearing fr m t C jKCo'Urts`-Piltcfilan App l wi not automatically stay the Board's Order. :�I HEREBY CERTIFY t-a e d j o his O•�D•R ha,i-bden sent by U.S.Mail to Jeril n Neuhaus,365 Capri Blvd.,Naple��,fo 'daa 4111 -d. d of�`_. ��;X014. y 1\3cit..\\NN,..._, M.Je��Rawso = P•)/ Flori•aBar o` oyil � tt r �`te' fide Enforcement Board `'�� =C tle oad N.,Ste.210 NapTes Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20140008250 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. NEUHAUS,JERILYN,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 August 28, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was granted a Motion for Continuance as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5078 PG 3520_ 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 23,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:violation remain FURTHER AFFIANT SAYETH NOT. DATED this 29th day of September,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD a ,/ Michael Clark Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this?,I day of Sep-l-e-mhef,2014 by Michael Clark (Signature of Notary Public) otpav auei, TERESATOOLEY * EXPIRES:4, MY COMMISSION#FF 069279 EXPIRES:November 7,2017 (Print/Type/Stamp Commissioned Name of Notary Public) 4Tf Oc r,,o,° Bonded rnru Budget Notary Services Personally known'� COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20140008250 Jerilyn Neuhaus,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 1.04.01(A),Collier County Land Development Code 04-41 as amended, Section 2.02.03 2. Description of Violation:Recreational vehicles/equipment stored at location not approved for such use 3. Location/address where violation exists: 365 Capri Blvd,Naples,FL 34113 Folio:52501800003 4. Name and address of owner/person in charge of violation location: Jerilyn Neuhaus, 365 Capri Blvd, Naples,FL 34113 5. Date violation first observed:May 12,2014 6. Date owner/person in charge given Notice of Violation:June 11,2014 7. Date on/by which violation to be corrected:July 11,2014 8. Date of re-inspection: July 14,2014 9. Results of Re-inspection:violation remains STATE OF FLORIDA r. 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 21st day of July, 2014 wt � ( Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 1 day of..PU1 2014 by M t'C H C ( C(C{ — (Signature of N9t. Pub ic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced r P„ r�s�.-••,Boo KERRY ADAMS MY COMMISSION#FE 139721 * * nui EXPIRES:July 8,2018 0„,�lE�F coo o� Bonded Thru Budget Notary ServIn ` dri Case Number:CELU20140008250 , ,,: Date:June 11,2014 Investigator:Michael Clark Phone:2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NEUHAUS,JERILYN 365 CAPRI BLVD NAPLES, FL 34113- Location: Unincorporated Collier County Zoning Dist: Property Legal Description:ISLES OF CAPRI BUSINESS SECT LOT 498 Folio:52501800003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations,Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PU D Regulation(s)exists at the above-described location. Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 04-41 as amended,Section 1.04.01(A) Prohibited Use. Collier County Land Development Code 04-41 as amended,Section 2.02.03 A. The provisions of this LDC shall apply to all land,property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC.Specifically,no building,structure,land or water shall hereafter be developed,or occupied,and no building,structure,or part thereof shall be erected,reconstructed,moved,located,or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: 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: Recreational vehicles/equipment stored at location not approved for such use ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must cease and remove all unauthorized storage of vehicles and equipment from the property to an area designated for such use. ON OR BEFORE: 7/11/2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to$1000 per day per violation,as long as the violation remains,and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE / DIRECTED TO CODE ENFORCEMENT / 2800 North Horseshoe Dr,Naples, FL 34104 nvestiga or Sign ture / Phone:239 252-2440 FAX:239 252-2343 Michael Clark Si.- 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 SERVICE Code Case Number: CELU20140008250 Respondent(s): NEUHAUS, JERILYN THE DESCRIPTION OF THE DOCUMENT(S)SERVED; [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 Michael Clark,Code Enforcement Official,hereby swear and affirm that I have personally served the above described document(s)for the above respondent(s)to_Jeri Neuhaus at 365 CAPRI BLVD ,on June 11,2014(Date),at 10:00am(Time). (Signature of Code nforcement Official) Michael Clark STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and,subscribed before me this ///A day of .40st tc, ,2014 by Michael Clark(Name of person making statement) (Signature of Notary Public tPar!!'.6'4„ INDIRA RAJAH * * MY COMMISSION#EE 126592 EXPIRES:December7,2015 r�9rF OF FEU"JP Bu''9ed'RIM Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) Personalty known Produced identification Type of identification produced 1.04.01 Generally A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LDC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LDC. C. This LDC shall apply to all division of land and all subdivisions in the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). 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. C. Commercial Intermediate District(C-3). The purpose and intent of the commercial intermediate district(C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two-arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed-use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. D. General Commercial District(C-4). The general commercial district(C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on-site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. E. Heavy Commercial District(C-5). In addition to the uses provided in the C-4 zoning district, the heavy commercial district (C-5) allows a range of more intensive commercial uses and services which are generally those uses that tend to utilize outdoor space in the conduct of the business. The C-5 district permits heavy commercial services such as full-service automotive repair, and establishments primarily engaged in construction and specialized trade activities such as contractor offices, plumbing, heating and air conditioning services, and similar uses that typically have a need to store construction associated equipment and supplies within an enclosed structure or have showrooms displaying the building material for which they specialize. Outdoor storage yards are permitted with the requirement that such yards are completely enclosed or opaquely screened. The C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP INSTR 4877892 OR 4955 PG 42 RECORDED 8/14/2013 7:59 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $1,645.00 CONS $235,000.00 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY,FLORIDA CIVIL ACTION BANK OF NAPLES, Plaintiff, CASE NO.: 11-1585-CA v. 365R,INC.,ROBERT F.ROGERS, CR CAPRI,INC.,UNKNOWN TENANT IN POSSESSION#1,UNKNOWN TENANT IN POSSESSION#2,and ALL OTHERS WHOM IT MAY CONCERN, _ CO Defendants. /7 �k j7,-0 l -tL' CONSIDERATION $2.3- •u_, • '-• .� = , •• -'on.a Administrative Code 12B- 4.013 (3)documentary tax i• to r- rom�ut-• an `-! ►• , 4 cans aeration paid,which includes an mortgages or liens that . -u -d a t . orech p •-) . Y Q'� C ERTIFICATE •-"..i L The undersigned, Dwigh"rg: ••ck, Clerk of t•- ( r •it Court, certifies that he filed a Certificate of Sale in this action o ; Ar%• F.9�t1% • operty described herein and that no objections to the sale have been file. al.- me allowed for filing objections. The following property in Collier County,Florida: Lot 497, 498, 499 and 500, Isles of Capri Business Section according to the plat thereof as recorded in plat book 3, page 52, Public Records of Collier County, Florida. Real Property address: 365 Capri Blvd.,Naples, Florida 34113-8613 was sold to: Yae.tLyI3-665 CAPR-t 01WD. NAPL.es 'FL 31-i 113 *** OR 4955 PG 43 *** Central Bank v.3658,Inc.,et al. Case No.11-1585-CA Bid Amount:l a Coo,c7D r WITNESS my hand and the seal of this court on this 13 day of , )UST- ,2013. Dwight E.Brock Clerk of the Circuit Court,.;' ;,,= '': 4ki.C1ru, •;. (Court Seal) By: �C,t.��- i ;?'z4.. ,e3� '.> :.-s=`'i eputy Cleric':``'; c c •' ; :... 7/7 ----1_ ,R. CO ti-A,_ ,'-,..:A..t z, .::-c:e.,::,;-:.'.',:-.-..---.,z.? t,. 4:i17.< , i .. Conformed copies: 8(/4-1/0 rte. r Craig A.Goddy,Esq. Treiser Collins U n CC 3080 Tamiami Trail East �v Naples,FL 34112 :j Roger G.McMorrow,Esq. The McMorrow Law Firm,P.A. 0. - Poinciana Professional Park _E C.1 2590 Golden Gate Parkway,Suite 108 Naples,Florida 34105 T .a..t lye.) 021-)tiAVS 1 c6 _ c 00 o 1.1Ir „ F .., . -,..7.J ,i' -_._ :.,.,,t, .i. r"....... , t.,.'„": � 7. , ii D r ii; J 1 :1, p r _s • U r 0. •t rya 4, .. F _ t V . ¢ rl ♦g 6 a i . ,.. i • I ' e.41.. ;•'` '''',,,7'4':: '' ' r • +� ` r I t. t j z„a ;�q s ` 4 '' , . t .y1 y�� ; # y . . i 9 C t, \ _ E } i k 4 c . .. -*.-1.7' 3 r o\l' `T. 1 14. --4_ �/ or 1 4 ' ' • t , w t °t r , . ; = t 1 x ` qq 'c- t • t 4?lir #z t . ' ---#* _;;;1111C--1=11111P - . 0 0 - ,,., V V r4 i° ' > `( ri Y Y *tawi. ..• .I _ t ' '+• t A .,,, , . e ., _ . .14._-4', - : J. �, s :s, ! ` .gt... . sue. t 1/ V.k j - S"` � t . A t` �t�i ., ' t ti . ! ) + - ,° 44:11,,r4,01,„.."5„,,,,, • aM "_aRR 4! f i} • • . ` £ - - 1- S i-.a. . R 'fit a ... . A .. _ n « - 0 0 ♦ V V s , _ \I I .�' 173. 10. �, *. I _-- ' t' ��nn m• t- � J ' r+ w.�n �' P L —! ro f - , I *�" ., t # I. 4 r . . 4 V -....- ,,..... , t1 - 1 c?, I `4 >:- - r, 4, w , • • 1.4' x' Rt i 4 �. aye` •• '' _�• • t . 6"... rP# w • t # • t ° • - ,t t a , 1 . ° d `. P 'a .,. .„._,,,,.., _..„_._.:..„. a .. , , t ljgD 'if- `N 0 Y r w II t ., } © } e ( v, 7 EAT .. M 6 °tt'° p i;::14' ' 1; .* c p ' L J yw - 1 4 t -1, • .Y tp a 4 a, s4 i • !' 1' r 1 L. a r + * . ` '--::;","'''14 t a .4' s i it 0, 4` Page 1 of I q' _ a ,a � ///✓i �„ �r f v c tie. ` � '.. ' : /pc-r'19' ' r 4, N 440) z�n k-,.„.„.•,,,„.„:„..,,..,,,,,,P{�,,ks ,.,, h r a� ,�f 3 f s` -� a € l: ' s. :..0 k EL� , '"' � ,,i` t a ` =w"� W " *� t -' .¢' k tig )r ;'.7 , f ..' "a ` b� �iiam mss +- t # /a �. � � pC P � ?s` 4 J/ ..f ' r I :2`p1_ . '1y http://www.collierappraiser.com/webmap/output/Collier 2002_sde037755660680474836... 10/22/2014 �"`'" Page 1 of 1 , I t' . AI c b d c y � c :- . Sat. T6,;,00411 ' ' :- '.-4' .. - 44,ii '.. ' � rp 1 . ito\y �aa� fir: � ,� !r £ ' '� /4 : 7. Y { h 5 6! "F ! 41-74'Y t ,la 1 �'i "} T r if ,,!;:11°‘ a.l.. http://www.collierappraiser.com/webmap/output/Collier_2014_sde037755660680483738... 10/23/2014 Page 1 of 1 -r*' 4,..____ . .. . It / .. . .,- . 1/4. // ,. , :: . . . ,. lc' = , , • ,' ,',/. ' ,-;' :,-:.i, yt. ', 4.'',,:l.,.4:::;:,, - 'i,I., ' ',- ''''''fr''-'-- ' 4'-' ,'-'',.. i'-'-'1''''''''''''''''":'''-. ,- .. , tk / 'i'' '.' - it '''-',:-.1.,,?'' 'i''''':-',.' " . / ' ' ''',; "'-..-..4,i' .. ---.::',' '.t„.•. i :.;.;r ' ..,..•::,..,,, -c._. ,' ,. . '-'--'- . ' , - . : e411iilliFiri / / •,... . .- . , ,.. - „. . /..' ii-''' , - .,,. 0/ , .-, . • -• A .. , . . / . _ , . .. , , . ,, , . 1 -.,,, -- . ..• / ''''';',:.1.-1-11 . : ''._ 47,,..47::::.-;•<. ::',!,.;. ..' - -:4r,:.- ' / a '0',= la.•?,' -,-;,',4,=1: i',1i.:*)::if l'=::_,I; — a:,.*!';,;=' / '1 :;'7=';' It ;".4,4-■s7atil :=4:,=''',';'"4„,1,4''li:k$A4,41.:';) ' ,,,''''''=',,'=:;,*';'' 4/44". '1:,..;.' •* t , . ' .4,44:ii.:•A:' ' .„1,;.4#10741,':•,',,,,t,&1.11' -1:...-,' "..tt,'';',..; _..":4- „, ' .... '2---...... /1 /1 ',.,,.. 1.:„..•..,"...- ,'_.‘.,..-„7_,4•,-.. ..,.•.J".:I.•..t,„ .,_s.,t ' , / http:// .collierappraiser.com/webmap/output/Collier 2014_sde03775564836474809.j... 10/22/2014 Page 1 of 1 1 , � ., - i 41M.4* gr > , , \\ ,4.. t gyp' ■ Y • ,qH,i `i 3 Y 3 '� � 4 ':,y 'G�y73 dig, Sz .. ��` Ya, 4't \\\)0( ,_ ;I '199 ii Coasts Caunly Privorty 6 i%;tescv Nakbs . _ http://www.collierappraiser.com/webmap/output/Collier 2014_sde037755660680483710... 10/23/2014 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. JERILYN NEUHAUS Inv. Michael Clark Department Case No. CELU20140008250 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 3 12 $ 0.04 $1.26 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $11.49 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $62.49 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $62.49 .40/0a -115°)1 5Ce )3 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20140012712 Board of County Commissioners, Collier County, Florida Vs. Pedro Baigorria Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03 Colleen Davidson, Code Enforcement Official Department Case No. CELU20140012712 DESCRIPTION OF VIOLATION: Selling vehicles which are unlicensed and not registered to the property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: Cc 5,o 1. Must cease the prohibited use of displaying unlicensed vehicles for sale from a residentially zoned property within days of this hearing or a fine of$ 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 Ae/14074m CsE,—;-c 47— /I, - 00/17 E /- ho A 1114 ,t2 7/- T at/ / 3 / -- ze/V 77/-e ? .-c///1-‘ 777,WA Fc q i 5 sti y 1 //// Vi ThI 1/4 7 f°/? f---- 2 ./ /6.-/7 --co,6/77e fir Ai/ m001 ( UtI / --(= 047 ye, C.7/i/17 c? VL4 A-1–e Ft 77 /9 FO aorow .../ 777(-c d 197 FeR MA-r leo Li ,690 •to C 1,9 j A./c)AL6(4,/7 -:-. ,C4/6)241/z/00 et c/14--e; 5 3 t- Z77 //5 5 7- .5' (-1-1 3 V"/ 'Mt' 5 ycf-e 5 rOty •--ea,ei 77 `,00,4titi /-/i/ 1,0 /A a PA a /irr- /0 a v4 A e 6-te A /4-14/it i'S9 01/ -ex-1-0,-+ Azy /5 r °CIO 414-y 77 /1 11-te /H# CUBAZUL TR NEL SERVICES R/T 2278 Agency/Agencia: 273 Visa No.: Date/Fecha: 10/14/2014 Passport: H063345 Price/Precio: 399.00 CUBA Name/Nombre Confirmacion#: 38817 Charter Name/Charteador Tax/Impuestos: PEDRO BAIGORRIA MONTERO HAVANA AIR MIAMI From/Desde Air L./L.Aerea Flight/Vuelo Date/Fecha Check In/Chequeo Time/Hora Salida Gate/Puerta MIAMI HAVANA SWQ 3145 10/23/2014 10:00AM 2:00PM GATE G-2 HAVANA MIAMI SWQ 3146 11/06/2014 12:00PM 4:00PM JOSE MARTI #2 F,IEVISAk QUE EL H ., .. Y LA FECHA DE REGRESO AL CHEQUEAR EN EL U GuN i ER DEBEN '::'OINCIDIR CON LOS DE ESTE TICKET. NO SOMOS RESPONSABLES POR CAMBIOS. URACIAS Y LES DESEAMOS UN FELIZ VIAJE. CUBAZUL TRAVEL SERVICES R/T 2278 Visa No.: Date/Fecha: 10/14/2014 Agency/Agencia: 273 Passport: H063345 Price/Precio: 399.00 CUBA Name/Nombre Confirmacion#: 38817 Charter Name/Charteador Tax/Impuestos: PEDRO BAIGORRIA MONTERO HAVANA AIR MIAMI From/Desde Air L./L.Aerea FlightNuelo Date/Fecha Check In/Chequeo Time/Hora Salida Gate/Puerta MIAMI HAVANA SWQ 3145 10/23/2014 10:00AM 2:00PM GATE G-2 HAVANA MIAMI SWQ 3146 11/06/2014 12:00PM 4:00PM JOSE MARTI #2 C i.. Y LA i .. Y DE REGRESO AL CHEr::I. EAA EN EL COUNTER DEBEN I I ' ESTE TICKET. NO SOMOS RESPONSAF L'ES POR CAMBIOS. ES D?.LPL r.MOS UN FELIZ VIAJE. r UB UL TRAVEL L SERVICES R/T 2278 Visa No.: Date/Fecha: 10/14/2014 Agency/Agencia: 273 Passport: H063345 P Price/Precio: 399.00 CUBA Name/Nombre Confirmacion#: 38817 Charter Name/Charteador Tax/Impuestos: PEDRO BAIGORRIA MONTERO HAVANA AIR MIAMI From/Desde Air L./L.Aerea Flight/Vuelo Date/Fecha Check In/Chequeo Time/Hora Salida Gate/Puerta MIAMI HAVANA SWQ 3145 10/23/2014 10:00AM 2:00PM GATE G-2 HAVANA MIAMI SWQ 3146 11/06/2014 12:00PM 4:00PM JOSE MARTI#2 �- �,•. -', NEn" EH E., -r. L_._ L.v.._ Z f .. UI4 F L. Aysidee. 03 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CELU20140012712 Pedro Baigorria,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: Selling vehicles which are unlicensed and not registered to the property 3. Location/address where violation exists: 2197 45th St SW Naples,FL Folio#35742520004 4. Name and address of owner/person in charge of violation location: Pedro Baigorria 2197 45th St. SW.Naples,FL 34116 5. Date violation first observed:June 25,2014 6. Date owner/person in charge given Notice of Violation:July 8,2014 7. Date on/by which violation to be corrected:July 31,2014 8. Date of re-inspection: September 16,2014 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 hav ailed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearin .\, ` Dated this 19th day of September, 2014 aa_Q Code Enforcement Investigator STATE OF FLORIDA Colleen Davidson COUNTY OF COLLIER NEIL C.DAY * `-,l I MY COMMISSION#FF 048477 m i:.:. EXPIRES:August 26,2017 Swo to(or affirmed) I d subscribed before this 19th day of September,2014 by �4 e ge edTnBudoNotary Services PP Fo. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced REV 1-2-13 Case Number: CELU20140012712 Date:July 08,2014 Investigator:Colleen Davidson Phone:2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BAIGORRIA, PEDRO - 2197 45TH ST SW NAPLES , FL 34116- Location: 2197 45th ST SW Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description:GOLDEN GATE UNIT 2 BLK 18 LOT 17 Folio: 35742520004 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: Selling vehicles which are unlicensed and not registered to the property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection ON OR BEFORE: 7/31/2014 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 cos of�pr tion. SE%)i. ) BY: INQUIRIES AND COMMENTS SHOULD BE —--_ _ DIRECTED TO CODE ENFORCEMENT h � 2800 North Horseshoe Dr, Naples, FL 34104 -2 xw6stigator Signature. Phone: 239 252-2440 FAX:239 252 43 3 Colleen Davidson Signature and Title of Recipient Printed Name of Recipient AFFIDAVIT OF POSTING Code Case Number: CELU20140012712 Respondent(s): BAIGORRIA, PEDRO 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 Colleen Davidson, Code Enforcement Official,hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 2197 45th ST SW,on 7/8/2014(Date),at 10:30 a.m.(Time),and at L te N XyCr Ilier County C rthouse ' t f.% x (Signature of Code Enfo ent Official) Colleen Davidson STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 8th day of July,2014 by Colleen Davidson(Name of person making statement) :--,5.,-1--' J.' .Z.14/1714t1 (Signature of otary-Public) F,�n_ KIpABERLYBRANDES M COMMISSION#FF 018468 '.t....0:0,-, EXPIRES:September 17,2017 Hcni.:T.,P:i,A,N- rye hr-,,m. (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced • 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. .-1 OR: 44 462 PIE -1651(g P_ RECORDED in 6 OFFICIAL RECORDS COLLIER COMITY, FL 06/16/2009 at 1I:48AM DWIGHT E. EROCE, CLEAR • i.['r"::• . COES 56000.00 c RIC Ell 44.00 Port .. .- � DOC-.10 392.00 Retn: KEYSTONE TITLE AGENCY INC 9135 US HWY 19 PT RICHEY FL 34668 n d n-35(a,OCR, — 95002225 This document prepared by(and after ) recording return to): ) Name: ) KeyStone Title Agency, ) Firm Inc. 9735 US Highway 19 ) Port Richey, FL 34668 ) Phone: 727-862-5003 ) Loan No. 6067870 Above This Line Reserved USLT No. 95002225 For Official Use Only Other File No. 409148631 012$240'3 —��—�Uj $f'E'C4AL WARRANTY DE A SUPPORTII7�G FF �V , FI TT RNEY STATE OF FLORIDA `L COUNTY OF Collier THIS DEED, made this .s,^ , day of ,20 07 , by and between HSBC Bank USA, N.A<yes' Trustee for the regis -red olders of First NLC Trust 2007-1 Mortgage-Backed Certifi tg ries 2007 �*n tional banking association, organized and existing under the law T15- xl ed��a�e'of America; hereinafter called the Grantor, whose mailing address is: fo-.6cWe -J=oan Servicing, LLC, 12650 Ingenuity Drive, Orlando, FL 32826; and Pedro Baigorria, hereinafter called the Grantee, whose mailing address is: Nam 0 . 211-17lf�i111111W / w ��. i WITNESSETH, that the Grantor, for and in consideration for the sum of Ten Dollars$ 10.00 and other valuable consideration, the receipt whereof is hereby acknowledge, hereby grants, bargains, and sells unto the Grantee, and Grantee's successors, heirs, and assigns forever, all that certain parcel of land in the County of Collier, State of Florida,to wit: OR: 4462 PG: 2067 SEE ATTACHED EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF PARCEL ID#: 35742520004 TOGETHER, with all of the tenements, hereditaments and appurtenances thereto, belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simple forever. AND the grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. , 1 41E Cl-g-C • OR: 4462 PG: 2068 • In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: ATTEST HSBC Bank USA, N.A., as Trustee for the registered ,,11 SEgtk, holders of First NLC Trust 2007-1 Mortgage-Backed 4 4, . Certificates, Series 2007-1,by Ocwen Loan Servicing, CORPORATE LLC as Attorney-In-Fact ° ISEAL ' / / Address: 12650 Ingenuity Drive,Orlando,FL.32826 11 BY Wilms. Title: \ ",, 0.glierttC-9:1;'aa,REO Manager_ Print Name ,/() Print Name • ,,t\ Witne s ,% ..,-/ ((-7 - .� 11 I l E.-- Print Name I'-; N 7 � ' STATE OF FLORIDA �\T >�•COUNTY OF_Orange_ \rE � The foregoing instrument was acknowledged before me this 3 day of -SAS 2 001 , by_Keith Chapman, REO MGR , who is personally known to me or who has produced as identification and who did (did not)take an oath. Notary Public (Notarial Seal) Na,,,,,l.1 1� i Printed Name My Commission Expires: 1................. . .ii ioi ..•.. .» ' f commh DD0785359 _je 'r;err: '2 12 011: 4462 PG: 2069 STATE OF FLORIDA COUNTY OF_Orange Before me, appeared the aforesaid Attorney—in-Fact, who swore or affirmed that: (1) the power of attorney given to the aforementioned Attorney-in-Fact and used herein to convey title is recorded at O.R. Book Page , Public Records of COW/) County, Florida; and (2) the undersigned Attorney-in-Fact has no knowledge or notice of termination or revocation of said Power of Attorney and that it remains in full force and effect. 1716_,ZA Printed Name: Keith Chapman_ as_REO MGR_of Ocwen Loan Servicing, LLC, as Attorney-in-Fact Sworn or affirmed and subscribed to before me,this same date as immediately hereinabove acknowledged, by the said authorizingro. y*k��` as Attorney-in-Fact, Keith Chapman MGR-- a.* ersonally known to me or who produced the same identifict pri as immediately!' einabove noted in the acknowledgment. ( (rfl '6-37:11i* _;./i10.111 otty)P .Ii t (Notarial Seal) .4 Printed Namer �� My Commissions j At.' r criRIouEZ ;" F% ^ommn DDO7P.5359 _ �_xpir(s 5/4/2012 "."*!... .........r/wan.,MB *** OR: 4462 PG: 2070 *** EXHIBIT"A" LOT 17,BLOCK 18,GOLDEN GATE,UNIT 2,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 5,AT PAGE 65 THROUGH 77, INCLUSIVE,OF THE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. c3S)� R COQ' " Off, -•■1111P 0 1 A i cr).. - 1 m ; 1 , 4,* — • 4 , , CT)it.*,,,• `... ., • . _ ...., -*- .. • ...■ tr C=) kli ...- 1 ; .,‘ ,..., N. .t. -.7 . ■• i . : ,... 1 LC) . C=1 i i 1 i f ., .. . ( ,:. .- 4.. - - .. .,..;.. 1 ........... : .- _ _ _ . .. ......... w ' .4.-- ,,, .... --.-ffse...:' • 4) ,, .f.:- - _ , ■ ... '''''*,fa ' ' 544, : , ,, '41Z",# , ,. , ,, - ,... ' '-,,ttA ' ' ... 11111hp .,,,,, - „,--, ,,--.,....,; :Ii•rf- ' ' ... 14 li I *4.■, ' .., . .'"•■•.. . - , i 114„ , if , v i p 3.: .„, . ' I 1 ... •A = Y ..... ,-, . . :::-.:------,--,.- . .,,... ..... 4110'''''' 4er 44"--- --,,:.,- - -- ' - -' i _,..r...:,;,,-...,;.:-..,. . r . .....„. . . . . ........ . _ i. 3 .. . . . ..... ..,. ....... . ..,...__. 4.,.._, _ . , . „. 6 T 0 0 . . '''' r. , ,,__:„.:.,..,,,, • .,. .„...,:::.,„. . . _ _ __„,„,,,_ ....,..........,....,_._ __ a„....,,, 1 .. , ... ,,,,..,.. ......„_,....., 1. .,„ .. 4, „.., ).__‘ :, 4,._. . .. _ ..1 r. ilhi il...,,it---'1"„'i---:-'-'4 , ,_. y 4 g Pr tl { �.,$m 1 , -ir-:" °e' ti -- •. --- -_ - ---.--„,- 111111114� OP- *1, - 141 f . F 4 • p si , t : 2 4111110 _,...,.. N. , „ , P' i '''. e: ,'""--::,i' i I I M : .. N ?, a -tea t .,,1 _x;, N ,,: C .y yPPf',i .:ice.. i4 r+ ....� ` .... _, 11 4 0 _.:, . . t 1r . ,,,,..,..„,,,,,,_. ___, . .... _ ,._ .,___ ._......,„..„,„_______ . . ..... t „, s s L.,'.-- ,,.._.-. . ' . .. . . . . ,,.„. ,,„.:...„....: , ......., . .„....... .,,., ,. :::, . ... , y .:... . . .,.. . _...____,_ . ., . ... . ... ... . ... ,_________ _ ..,.,_ ____ ..... , :... r .� `� _ Safi s g Aga z9rf � il'.:°:::'''"''k''''''*'''''',',*.l'-,.LI'l,'*v''-',"---'"-----..-,.*--'4' ,,4. All' - ;1 ---fi s K ite CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. PEDRO BAIGORRIA Inv. Colleen Davidson Department Case No. CELU20140012712 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 9 12 $ 0.04 $3.78 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.01 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: $65.01 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $65.01 N4, i'/ [t/ C COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20140007263 Board of County Commissioners, Collier County, Florida Vs. Dave and Kristy Desmarais Violation of Ordinance/Section(s) Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Michele McGonagle, Code Enforcement Official Department Case No. CESD20140007263 DESCRIPTION OF VIOLATION: bathroom remodel and removal and addition of walls without obtaining required Collier County permits RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days and abate all violations by: C,r�,c?1 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 Sheriff's 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 COUN-T-Y, RIDA CODE ENFORCEMENT BOARD COLLIER COUNTY OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140007263 Dave and Kristy Desmarais,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 10.02.06(B)(1)(a) 2. Description of Violation:bathroom remodel and removal and addition of walls without obtaining required Collier County permits 3. Location/address where violation exists: 603 Cypress Way E,Naples Fl 34110,Folio 65322560001 4. Name and address of owner/person in charge of violation location:Dave and Kristy Desmarais, : 603 Cypress Way E,Naples Fl 34110 5. Date violation first observed:April 12,2014 6. Date owner/person in charge given Notice of Violation:June 6,2014 7. Date on/by which violation to be corrected:July 6,2014 8. Date of re-inspection: October 6,2014 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 6th day of October,2014 Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or a ed)and subscribed before this 6th day of October,2014 by Michele McGonagle (Signature of N tary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification en.;uett, KERRY ADAMS Type of identification produced * MY COMMISSION#FF 139721 * EXPIRES:July 8,2018 ergor 0.1 NohaN Was Case Number: CESD20140007263 Date:June 06,2014 Investigator: Michele Mcgonagle Phone:2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DESMARAIS, DAVE & KRISTY 603 CYPRESS WAY E NAPLES, FL 34110 Location: 603 Cypress WAY E Unincorporated Collier County Zoning Dist: RSF Property Legal Description: PALM RIVER EST UNIT 3 LOT 1059 Folio:65322560001 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: bathroom remodel and removal and addition of walls without obtaining required 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 and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 07/6/2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT £ \\,`' 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature 239 252-2440 FAX: 239 252-2343 Michele Mcgonagle tiC4U. • (DEVvtA. Signature an Title of Recipient DOW f, 11-Og L'1 A fir'ck (S Printed Name of Recipient S AFFIDAVIT OF SERVICE Code Case Number: CESD20140007263 Respondent(s): DESMARAIS, DAVE & KRISTY • THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet • Other: I Michele Mcgonagle, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s)for the above respondent(s)to Dave Desmarais at 603 CYPRESS WAY E, on June 6,2014(Date), at 1:20 PM (Time). (Signature of Code Enforcement O ial) Michele Mcgonagle STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 10th day of June,2014 by Michele Mcgonagle(Name of person making statement) (Signature of Notary Public) 20,x;a.Bat, NEIL C.DAY MY COMMISSION#FF 048477 71 EXPIRES:August 26,2017 �rq QF pi Bonded Thru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced 10.02.00 -APPLICATION REQUIREMENTS Page 1 of 138 �--� Collier County, Florida, Land Development Code>> -CHAPTER 10 APPLICATION, REVIEW,AND DECISION-MAKING PROCEDURES>> 10.02.00 -APPLICATION REQUIREMENTS 10.02.00 -APPLICATION REQUIREMENTS 10.02.01 - Pre-Application Conference Required 10.02.02- Submittal Requirements for All Applications 10.02.03- Submittal Requirements for Site Development Plans 10.02.04- Submittal Requirements for Plats 10.02.05- Submittal Requirements for Improvements Plans 10.02.06- Submittal Requirements for Permits 10.02.07- Submittal Requirements for Certificates of Public Facility Adequacy 10.02.08- Submittal Requirements for Amendments to the Official Zoning and LDC 10.02.09- Submittal Requirements for.Text Amendments to the LDC 10.02.10- Submittal Requirements for Amendments to Development Orders[Reserved' 10.02.11 - Submittal of Streetlight Plans 10.02.12- Submittal Requirements for Non-PUD Residential Rezones 10.02.13- Planned Unit Development(PUD) Procedures 10.02.14- Landscape Plans 10.02.01 - Pre-Application Conference Required A. Subdivision review procedures. 1. Preapplication conference. Prior to formal filing of a preliminary or final subdivision plat, an applicant shall confer with the County Manager or his designee to obtain information and guidance. The purpose of such a conference is to permit the applicant and the County Manager or his designee to review informally a proposed development and determine the most efficient method of development review before substantial commitments of time and money are made in the preparation and submission of the preliminary subdivision plat, improvement plans, final subdivision plat, and related documents. — a. Preapplication. A written preapplication shall be submitted to the County Manager or his designee at any time prior to the review of a proposed preliminary or final subdivision plat. The written application shall contain the following: Written statement. Ten copies, unless otherwise specified by the County Manager or his designee, of a written statement generally describing the condition of the property and the proposed development of the entire subdivision. This statement shall include but is not necessarily limited to data on existing covenants or restrictions, location of utility facilities and public facilities, general soil characteristics, and other information describing the subdivision proposed, such as number of parcels, lots, or tracts; typical lot or other parcel configuration; water retention areas; public areas; anticipated utility sources; zoning classifications; and any other information needed for preparation and review of the preliminary subdivision plat. ii. 1 c o inns n 10.02.00 -APPLICATION REQUIREMENTS Page 79 of 138 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, §3.88; Ord. No. 06-63,§3.SS;Ord. No. 07-67, §3.U;Ord. No. 08-63, §3.KK) 10.02.06 - Submittal Requirements for Permits 4" A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or.other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the Planning Commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if(1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or(2) if issuance of said development order of[or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and • development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building 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 10.02.00 -APPLICATION REQUIREMENTS Page 80 of 138 code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved,added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit • (s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information - required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off- street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. _ .._._ INSTR 4963989 OR 5023 PG 1211 E-RECORDED 4/3/2014 2:45 PM PAGES 2 DWIGHT BROCLC, CLERK—OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $2,107.00 REC $18.50 CONS $301,000.00 Prepared by a,4. .iermie: Kass Shuler,P.A Richard S.McIver,Esquire 1505 N.Florida Avenue Tampa,Florida 33602 Our File Number: REO-132378 rijoo60 WARRANTY TITLE$Ot t1TlONS,LLC 42331 Towne Lake Drive,Suite 7 Fort Myers,FL 33913 For official use by Clerk's office only (014/5. lf tfr30%00.a STATE OF Florida ) SPECIAL WARRANTY DEED COUNTY OF Hillsborough ) (Corporate Seller) THIS INDENTURE, made this 7` d. (4-0..‘&01N , 2014, between FEDERAL HOME LOAN MORTGAGE CORPORA •- v rtte c ress is: 8200 Jones Branch Drive, McLean, Virginia 22102, party of the first part, an. , .ESMARA ;r �' STY DESMARAIS, husband and wife, whose mailing address is: 603 Cypress W. "•pies,Florida 34110,p •a ies of the second part, WIT SETH•."" First party, for and in consid-rati u - s 1 ` .a • 0 D LLARS ($10.00) and other valuable considerations, receipt whereof is h reb •kno let 11.f •, • -rebA 1.4 an ba gain, sell, aliens, remises, releases, conveys and confirms unto second pa " . ::••, 'lowing described property,towit: Lot 1059,Palm River Estat•lit it 3, according to ,'t :1.'t 1 t f, recorded in Nat Book 8,Page 9,of the Public " r ds of Collier Coun Iq . Parcel No.65322560001 . 0.• • 6fg s Way E,Naples,Florida 34110 Subject,however,to all covenants,conditions,restrictions,reservations,limitations,easements of record if any and taxes and assessments for 2014 and subsequent years and to all applicable zoning ordinances and/and restrictions and prohibitions imposed by governmental authorities,if any. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining TO HAVE AND TO HOLD the same in fee simple forever AND the party of the first part hereby covenants with said party of the second part, that it is lawfully seized of said land in fee simple: that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under the party of the first part. *** OR 5023 PG 1212 *** of / WITNESS WHEREOF, first party has signed and sealed these present the date set forth on this day a✓at ,2014. Signed,sealed and delivered FEDERAL HOME LOAN MORTGAGE in the presence of: CORPORATION By:Kass,Shuler,Solomon,Spector,Foyle&Singer,P.A. n/k/a Kass Shuler,RA. Its Attorney in Fac APP dow.— By: P - '' rire-s. si ature Print Name: tle:an authorized signatory its � �l�r�C R CO Print witness name f7@ ' -$a "r I ` c 40 , ,t 0� Federal s m; oan Mortgage CAO Ion Seal) Witness signature 'A -SS S' I@C, I',A,As Its Attorney-In-Fact ALEKSANDRA D.ZWERGER 7''---' Print witness name n U 0 P -' , t State of Florida � ,C u :ss. Op - ,�-` " County of Hillsborough : CIE CT1 4 CV �� ,v� Z/ THE FOREGOINGIIN STRUMENT was acknowledged before me this 3, day of / < <r - , 2014 , by /306-e 664-e , an authorized signatory for Kass, Shuler, Solomon, Spector, Foyle & Singer, P.A.n/k/a Kass Shuler, P.A.,Attorney in Fact for Federal Home Loan Mortgage Corporation who is personally known to me. ,2 2. Notary Public A( ALEKSANDRA D.ZWERGER ‘5.. :.(.4J'.: * mcp 11SSI4 a A Print Notary Name '��FFie* Bo edT1 B ap y2ry My Commission Expires: •�/ 2 J/��7 Notary Seal *Limited Power of Attorney for Authorized Signatory is recorded in Official Records Book 20604,Page 1298,Public Records of Hillsborough County,Florida. CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. DAVE & KRISTY DESMARAIS Inv. MICHELE MCGONAGLE Department Case No. CESD20140007263 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 9 12 $ 0.04 $3.78 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.01 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: $65.01 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $65.01 )5 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20140015399 Board of County Commissioners, Collier County, Florida Vs. GCP Investments, LLC. Violation of Ordinance/Section(s) Collier County Land Development Code, 04-41 as amended, Chapter 4, Section 4.06.01(D)(1) Colleen Davidson,Code Enforcement Official Department Case No. CEVR20140015399 DESCRIPTION OF VIOLATION: Overgrown hedges in the right of way, blocking view of traffic. 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. Maintain vegetation located within the sight distance triangle to the specifications outlined in the Collier County Land Development Code, 04-41 as amended, Section 4.06.01(D)(1) within days or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/i l COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CEVR20140015399 GCP Investments,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 Land Development Code,04-41 as amended,Chapter 4, Section 4.06.01(D)(1) 2. Description of Violation: Overgrown hedges in the right of way,blocking view of traffic 3. Location/address where violation exists: 2343 41st Terrace SW Naples,FL Folio#35643360004 4. Name and address of owner/person in charge of violation location: GCP Investments, LLC. 505 Raven Way Naples,FL 34110 5. Date violation first observed:August 7,2014 6. Date owner/person in charge given Notice of Violation:August 7,2014 7. Date on/by which violation to be corrected: September 5,2014 8. Date of re-inspection: October 3,2014 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 f'Y public heari Dated this 8th day of October, 2014 `) Code Enforcement Investigator STATE OF FLORIDA Colleen Davidson COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of October,2014 by Colleen Davidson /7_ * . e.____ (Signature of N ary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X or produced identification Type of identification produced (5,0':`.:!'8e€,r KIMBERLY oRDS : * hY COMMISSION 8 FF 048468 68 * EXPIFES:September 17,2017 REV 1-2-13 y.,O;FIB� irddTrruS.udeetNotaryServtces Case Number:CEVR20140015399 Date:August 07,2014 Investigator:Colleen Davidson Phone:2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GCP INVESTMENTS LLC 505 RVEN WAY NAPLES, FL 34110- Location: 2343 41st TER SW Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UNIT 1 BLK 8 LOT 48 Folio:35643360004 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: Site Design and Development Standards, Landscaping Buffering and Vegetation Retention, Landscaping with Sight Design Triangles, Collier County Land Development Code 04-41, as amended,Chapter 4, Section 4.06.01(D)(1) D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points.(Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recover area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways(DOT Green Book)where app4opriate. Posts for illuminating fixtures,traffic control,and street name signs shall also be permitted,so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-of-way,two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right—of-way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. Figure 4.06.01 D—Sight Distance Triangles Where a property abuts the intersection of two rights-of-way,a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the ends of the other 2 sides. The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of the subdivision or development approval or when applicable. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: overgrown hedges in the right of way, blocking view of traffic ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Trim/remove overgrown hedges from right of way as not to block view of traffic from 41st Terr SW&23rd PI SW ON OR BEFORE: 9/5/2014 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. \SERVE GTBY: r INQUIRIES AND COMMENTS SHOULD BE t DIRECTED TO CODE ENFORCEMENT ;` 2800 North Horseshoe Dr, Naples, FL 34104 �In stigator Signature / Phone:239 252-2440 FAX:239 252-2343 Colleen Davidson Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Code Case Number: CEVR20140015399 Respondent(s): GCP INVESTMENTS LLC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Colleen Davidson, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 2343 41st TER SW, on 10/8/2014 (Date), at 11:15 a.m. (Time), and at the,`X,,Collier County Cou^ ouse. irature of Code Enforcement Official) Colleen Davidson STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 8th day of OctOber,2014 by Colleen Davidson(Name of person making statement) 1 :Z}(71-!;7 G r (Signature of Notary Publi4,yf‘I iClP.fi3E�LV8P,N E3 re COMMISSION FF 048468 * EXPIRES:September 17,2017 • ''' Band.d?hru Budget •Nary Services• , (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CEVR20140015399 Respondent(s): Mailed NOV cert/reg 7012 3460 0001 7026 9415 CEVR20140015399 NOV CD#14 GCP INVESTMENTS LLC 505 RAVEN WAY NAPLES, FL 34110 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)J X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 505 RAVEN WAY NAPLES, FL 34110, on _8/7/14_(Date),at_9:21 am_(Time). L( . (Signature of Code force nt Official) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_7th_day of_August_,2014 by Neil Day(Name of person making stateme t) /1a- 1 I =I (Signature of Notary Public) J a° r'r•ta` c INDIRA RAJAH * ^r�. * MY COMMISSION#EE 126592 �` EXPIRES:December 7,2015 � �,ey 4,.,.,,,,r.„4, Bard d Tin Be viot War/Sconces (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced • D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points.(Refer to Figure 4.06.01 D.,Sight Distance Triangles).Where a driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way,a minimum safe sight distance triangular area shall be established.Within this area,vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway.Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design,Construction,and Maintenance of streets and Highways(DOT Green Book) where appropriate.Posts for illuminating fixtures,traffic control, and street name signs shall also be permitted,so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-of-way,two safe distance triangles shall be created diagonally across from each other on both sides of the accessway.Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line.The third side of the triangle shall be a line connecting the ends of the other 2 sides. Figure 4.06.01 D-Sight Distance Triangles Where a property abuts the intersection of two rights-of-way,a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the"abuttingright-of-way lines, measured from the point of intersection.The third side of the triangle shall be a line connecting the ends of the other 2 sides. The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development appro,•:ii c. applicable. E. Landscaping Plans Required. 1. Landscape summary.A landscape summary in matrix form which shall include: a. Graphic symbol to indicate each type of plant material. b. Botanical name. c. Common name. d. Total number of each type of plant material. e. Height and spread of each type of plant material. f. Spacing of each type of plant material. ....--, \/ [...---10' --1.-1 Street Pavement 1.° 10' ---.4 \/ A I I I I A' „r...... . • :.:....::.:..•...1.......::.:.:.:.:.:.: r__Right o ... , - .....••... , ...:.: (Prop. l Driveway Sidewalk I I ...A I -AViii. i .—. "I 4 irja•Mst..: :::r WillAite Landscape =--59V- 71.."4f_o-V.,44r--a • cl 8' :•:e 1 lo.s, Buffer 404$444 t : ear trunk -NIV 1 ' -:-■ .4'r-.4kNK-5-F.WiVir-i*.ttir. i 0 :-:• ..,6-.re., ° 2116D ••• ht. max. __ " r ke - Triangles of Required 4 . 30"..... Cross Usability _ I (Hatched Areas) .... -"- PLAN : Intersection of Driveway and Street Area of Required Cross Visibility Visibility -,,c 17,- 7c77 AL , trunk,ii T (////// . 8' clear -I 30" ht. max. , .../..L._// IP-I3' •I Driveway 3' sod scHl • 10' 1.- Edge of Pavement --‘ 10' ' CROSS SECTION A-A' : Intersection of Driveway and Street I , I CLEAR AREA FOR n P SIGHT DISTANCE I ' '' ` / a A , ,;‘,-- e...e _ , ,d / 4_ , - 4-1''''''—PAVEMENT 30. CID N / ,\ \ 1 i 1 gi ..--. 1 1 1 1 1 i LOCAL ROADWAY IN SURF'\P-ION *** INSTR 4974373 OR 5031 PG 128 RECORDED 4/28/2014 12:42 PM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @-.7-0_$Z42,-00—REC_10-.-00 - CONS $106,000.00 t'1U(01 0 bb..° b c v, t 8 5 � A o � SUNBELT i O Q FILE AGENCY i` A P g1,11- Prepared by:Anita Murphy W Sunbelt Title Agency D Rutu,,,tu.2170 West SR 434,Suite 450 Longwood,FL 32779 File Number.7952140038 I [Space Above This Line For Recording Data] This Warranty Deed cn N y Made this L. day of \ 20 k�y Robert E.Tardif,Jr.,Trustee pursuant to Bankruptcy Case No.9:13-bk-12771-FMD,Middle District of Florida,hereinafter called the Grantor,to GCP Investments, S. g` O. LLC,A Florida Limited Liability Company,whose post office address Is:505 Raven Way Naples,FL 34110 !4 LLttiiii hereinafter called the Grantee: g g •Z ii" '3 (Whenever used herein the term'Grantor and'Grantee'Include at the parties to this instrument and the heirs,legal representatives and assigns of individuals,and the successors and assigns of corporations) A • Witnesseth,that the Grantor,for and' •ti• •� of Ten Dollars($10.00)and other valuable 1" 'r �r consideration, receipt whereof is/�re^Ala ,•-•=•• yy.giants, bargains, sells, aliens, remises, releases,conveys and confirms•Gtata,e ntee,all that c ndatpd uated in Collier County,Florida,viz: • ��'� JJJJ •� Lot 48,Block 8,GOL11N �TE iJNITi 1,according tot plat thereof,as recorded in Plat Book 5,Pages 60 throough 6 ,• c us►ve, L.the�ab1� ecords f Caper County,Florida.l'i �--� Parcel Identi5catioq`Nmlrib 3 OQ 4 Said property is not th4 homeste d of e ra or( )un•..r'•'- = ws�a d Constitution of the State of Florida in that neither Grantor( or ny e r th h s�ehi d of Grantors)reside thereon. Together with all the en. �rleRts cead ppurtenaDCes {bier o belonging or In anywise appertaining. To Have and to Hold,th � in fee simple forever. , 4, jr And the Grantor hereby vena with said Grantee that e cantoria:lala-fully seized of said land in fee .,,o simple;that the Grantor has;good ht and lawful authority to seil.and,eonvey said land;that the Grantor hereby fully warrants the title to 4d and will defend t inl,e"a, 9a nst the lawful claims of all persons whomsoever,and that said land cuwbrances.-S6J • covenants,restrictions,easements of record and taxes for the current yea s.4lb p1 e it t r`� In Witness Whereof,the said Grantor has signed and sealed these presents the day and year first above written. S•_ned,sealed and de ivered 1n our presence: B. Cas • o.9: 3- k-12771-FMD,Middle L Di .: .f Fl Ida L11�-I1A. k a. L r/ , ■Witnes-: ( '•[,hire) - 1. By.Robert E.Tardif,Jr.,T ilk Prin ame: Ii R . �itt►O el– P.O.BOX 2140 -4♦ Fort Myers,FL 33902 Witness: ( ignar Print Name: d! • 1 I �∎ ` State of 'OCY County of 1,.C.P - The foregoing instrument war.acknowl ged before me this � .y of _I. ! ,by . Robert E.Tardif,Jr.,Trustee,who:11 is personally known tome or I ]F'o+'''ee-'' — Identification. ,VVICIO-ItTh NOT PUS( (signature) Print Name: t`a t t+�L L.Vsec\�� L f My Commission E]res: r: FC" BRIGI I I t.L Y.E 1EY �„` Stamp/Seal: li Ec ISYCOMA!ISSIOit,EE07.,°a It s E.tom- :Ju:y.-, 23'5 i} [i' ,ctli Busied iris Nc'.ryPubxu:deneriters tF Incident to the issuance:!title insurance. WARRANTYDEED REV.3/24/14 LSD/ak _ .� . ,, � . _-_ __~ - ` . - 1 77114..7,11/rV : -1":4" . - 1.7-- ' :' '' :". - . ' ..pyHjoiro illi l' • — • \ . 1 - , - „„, , • ,.... _ , • • - , .,f . 1 t eV.4777 17 7 I• I. . ^ / .r , ^~ . - f• _� r i •n • .�a� "• i. ( t z a M�'' � • wt 1, t� - 15 r ! . `..eltiP 4• r1 r` ;. ♦, a -.° � Y x� f a r .' - . l.- i 4i ♦ + ' � fi- s t »s ;_. fi a . '°' �Ii- r. .,II `ems•» .a ^. . ; .` • • - ' rnf _ it...:. M r`r 1 . t " §'13ictiii. 3,Y r. ♦"..' r �•*� I- - at k 8* j �a TT{ :7 ,,.410i01.,.., ',. ,-. - Rt.,- . ,,-- . - , L eye, sr. a'. . - . _, • ur' ; Pe !R •° tea + r •,F .!� i • (, .. ♦ t. '�� .. • r 1 i • s 1 t .1 R +y I y"s "L ti _ i P • v + M , { f , o „: , � tk .kA E'•.tr i- i - . ji • �.,�. , • • {• '� !ti° ^ . , ' • , • .. . , 4i„,,...,,,,,f, • N. 'Mk, •iirbirc.,tp*'AC- . ...,,I. ' -- All. '- • . •VI: ...c:iotioVi *Sift ..:1.ii, ,, , •r'4 lit .-.• ......1,..kt ..., ... •., ' .....1':"..-,ntAr:' ...I';'''il."14.41' ' . :.''' .' ' '... 4 ., "el •0 ..„,oki..- ,..,,,,t. „ir,r,...„,1:..., ....r. 4411;t:,,,,,,IC .:.... , . "..,11:' . el' _, :, 4L .......,, l . m. • e • el ,,,1,,,,... ..„„,: . . t .4 iiir. • ',rho, ;.....$11 II Print Map Page 1 of 1 ., .— - ' F t t� 1itom: N > i .. � 0 v. p> 4;�s a w H . e k , f' ,6. -..,..... .-. ii l . -fi a 1 ti u..:,. ,. *, , MAP LEGEND w. r r^ Street Names II . I I Parcels y r I i(, '+ .- Subdl�lsions ° '` l>r e 4. Aerials 2014 16 Inch Urbanl *�,• 1 r 4�1 r . � ' 4''' Aerials 2414 12 FEET] r� - ' .'" ^ .f, Building footprints Rj'RC w T - J'� " 9 I I Collier County VN { e. .i i a.. ,�° . r ...„.. -,_ Folio Number:35643360004 ,k.r: Name:GCP INVESTMENTS LLC `” : Street#&Name:2343 41ST TER SW ' .:. �^,yw ,1 �'• ;�__ ' Legal Description:GOLDEN GATE ; A'►,!..` ' = CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. GCP INVESTMENTS LLC Inv. COLLEEN DAVIDSON Department Case No. CEVR20140015399 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 12 12 $ 0.04 $5.04 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $15.27 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: $66.27 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $66.27 5(C)( COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20140009738 Board of County Commissioners, Collier County, Florida Vs. Richard Adams-Mercer and James Simpson Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 126, Article IV, Section 126-111 (b) AND Section 126-114(c) Dee Pulse, Code Enforcement Official Department Case No. CEOCC20140009738 DESCRIPTION OF VIOLATION: No Business Tax Receipt displayed or obtained for business. (TheSnugg.com) 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 and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126, Article IV Local Business Tax, Sections 126-111 through 159 within days of this hearing or a fine of per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 Collier County Code Enforcement Board of County Commissioners, Collier County, Florida, Plaintiff, Case Nos. CEOCC20140011337 v. CEOCC20140011314 CEOCC20140009738 A Richard Adams-Mercer and James Simpson, Respondents, MOTION TO CONTINUE HEARING ON ALLEGED CODE VIOLATIONS AND REQUEST FOR ADDITIONAL TIME TO ABATE ALLEGED CODE VIOLATIONS Respondents Richard Adams-Mercer and James Simpson ("Respondents') hereby request that they be given a continuance with respect to Collier County Code Enforcement Case Nos. CEOCC20140011337, CEOCC20140011314, and CEOCC201440009738, which are currently scheduled for a hearing before the Collier County Code Enforcement Board on October 23, 2014 and state: 1. Richard Adams-Mercer and James Simpson, who live in England, own a commercial building at 3427 Exchange Avenue, Naples, Florida 34104, bearing a legal description as follows: 36 49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4, LESS R/W, LESS N 150FT & E 20FT .75 AC OR 2047 PG 139 2. There are currently three (3) businesses located at that address: Charon International Trading, Inc., Frankfort Auto Sales, Inc. and Community Specialties, LLC. 3. Apparently, none of these businesses have been able to obtain a local business tax receipt due to alleged permitting problems that have arisen with respect to the building. 4. Respondents received a Notice of Violation on or around June 9, 2014 from Code Enforcement and have attempted to cooperate with Code Enforcement and the Code Enforcement investigator. 5. Well prior to receipt of the June 2014 Notice of Violation, Respondents through their building managers hired a permitting company to attempt to resolve any permits and to identify any necessary remedial construction at the building. This occurred in 2013 and since that date, Respondents have spent $9,000.00 at minimum in attempting to resolve the permitting issues. 6. In this regard, Respondents' management at the building as well as the permitting company have had numerous contacts with Code Enforcement and have now concluded that they are prepared to seek to cease all business operations at 3427 Exchange Avenue, Naples, Florida 34104 and that this will abate the alleged violations for failure to have a local business tax receipt. 7. At this time, Respondents are seeking to have all businesses cease operation on or before November 14, 2014 and Respondents would then request that Code Enforcement inspect the building to confirm that there are no business activities there. In addition, Respondents are seeking to sell the building and, in that regard, are aware of Section 162.06(5), Florida Statutes. 8. Respondents have been in contact with the Code Enforcement and it is Respondents' understanding that Code Enforcement does not object to this continuance and extension of time to abate violations at the building. 9. It is Respondents' intention to notify Code Enforcement as each business ceases operations and Respondents intend that at least one of the businesses will cease operations by the end of October and the other two by November 14, 2014. 10.Accordingly, Respondents respectfully request that the Code Enforcement Board grant them a continuance and not require them to appear through their managers or attorney before the Code Enforcement Board on October 23, 2014 and grant them at least sixty (60) days to abate the alleged violations. Respectfully submitted 17,77.1 --- Michael W. Pettit Florida Bar No. 0970336 CHEFFY PASSIDOMO, P.A. Attorneys for Respondents 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Phone: (239) 261-9300 Fax: (239) 261-9782 mwpettit(a�napleslaw.com dpastorCcr�napleslaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of November, 2014, a true and correct copy of the foregoing was emailed to the following persons: Jeff Wright, Code Enforcement Director Delicia Pulse, Code Enforcement Email: ieffwright(a�colliergov.net Investigator Email: deliciaPulse@u,colliergov.net Teresa Tooley, Code Enforcement Email: ToolevTeresa@colliergov.net Cl4M /s/ Michael W. Pettit 11446-0002(74) — / r COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEOCC20140009738 Richard Adams-Mercer,and James Simpson,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 1 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,Chapter 126,Article IV,Section 126-111 (b)AND Section 126-114(c) 2. Description of Violation:No Business Tax Receipt displayed or obtained for business. (TheSnugg.com) 3. Location/address where violation exists:3427 Exchange Ave,Unit: 1 Naples,FL 34104 Folio: (271080008) 4. Name and address of owner/person in charge of violation location: Richard Adams-Mercer and James Simpson, 14 Sudbury Dr.Lostock Bolton UK,BL64PP 5. Date violation first observed:May 21,2014 6. Date owner/person in charge given Notice of Violation:June 9,2014 1 7. Date on/by which violation to be corrected:July 8,2014 8. Date of re-inspection: September 5,2014 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 eublic hearing. Dated this 7 day of 0e10 lz- ',2014. � Dee Pulse Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed and subscribed before this7day of a 0 e C ,2014 by Dee Pulse. 39.,,,,,_los 0---6Q.,_4s ik'. • . (Signature of Notary Public) (Print/Type/Stamp Commissioned Nei 4,Notary Public) YERESA TOOLEY Personally known or produced identification * „ # MY COMMISSION#FF 069279 Type of identification produced s.% r EXPIRES:November 7,2017 9' oFFLOP`S Bonded Thru Budget Notary Services REV 1-2-13 • Case Number: CEOCC20140009738 Date:June 09,2014 Investigator:Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:ADAMS-MERCER, RICHARD JAMES SIMPSON LOSTOCK 14 SUDBURY DR LOSTOCK BOLTON UK, BL64PP Location: 3427 Exchange AVE, Unit:BLDG Unit:1 Zoning Dist:C-5 Property Legal Description: 36 49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4,LESS RAN, LESS N 150FT& E 20FT.75 AC OR 2047 PG 139 Folio:271080008 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. OrdinancelCode: Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126,Article IV, Section 126-111 (b)AND Section 126-114(c) (b) No person shall engage in or manage any business,profession or occupation anywhere in Collier County,including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances,the tax collector in another Florida County. A separate receipt shall be required for each geographic location(situs)of the respective business,profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: - (c) The tax collector shall make a duplicate of each tax receipt issued. Each issued receipt shall be displayed conspicuously at the associated place of business, occupation, or profession, and be displayed in such a manner as to be open to the view of the public and be subject to the inspection of all duly authorized Collier county officer and/or other authorized officers. Each business, occupation or profession that fails to continuously and conspicuously display the tax receipt shall be subject to the payment of an additional(second) local business tax for engaging in or managing the business or occupation for which the original local business tax receipt was obtained, including seasonal retailers under section 126-152, herein.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No Business Tax Receipt displayed or obtained for business. (TheSnugg.com) ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126,Article IV Local Business Tax, Sections 126-111 through 159. ON OR BEFORE: July 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: INQUIRIES AND COMMENTS SHOULD BE C : ' } DIRECTED TO CODE ENFORCEMENT ' 2800 North Horseshoe Dr, Naples, FL 34104 I or estig Signature Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse 47 A`) /�/ � ✓ Signat re and Title of Recipient • A t)4 - ri r r'�+C._ r .�-. Printed Name of Recipient ets% e j-- 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. Collier County Code of Laws, Chapter 126, Article IV, Section 126-111 (b) AND Section 126-114(c) (b) No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: (c) The tax collector shall make a duplicate of each tax receipt issued. Each issued receipt shall be displayed conspicuously at the associated place of business, occupation, or profession, -mod be displayed in such a manner as to be open to the view of the public and ,,e subject to the inspection of all duly authorized Collier county officer and/or other authorized officers. Each business, occupation or profession that fails to continuously and conspicuously display the tax receipt shall be subject to the payment of an additional (second) local business tax for engaging in or managing the business or occupation for which the original local business tax receipt was obtained, including seasonal retailers under section 126-152, herein.: INSTR 4685692 OR 4790 PG 1323 RECORDED 4/26/2012 9:17 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOCIa.70 $3,360.00 REC $18.50 CONS $480,000.00 This Document Prepared By: MAX M. HAGEN, ESQ. RETURN TO: RAYMOND J. BOWIE, ESQ. 900 SIXTH AVENUE SOUTH, SUITE 104 NAPLES, FLORIDA 34102 Parcel ID Number:00271080008 Warranty Deed This Indenture, Made this 19th day of April , 2012 A.D., Between HAGKRA, INC. , A FLORIDA CORPORATION, FORMERLY KNOWN AS OCEAN SURF HOTEL, INC. of the County of BROWARD , State of Florida ,grantor, and RICHARD ADAMS-MERCER, AS TO AN UNDIVIDED 50% INTEREST, and JAMES SIMPSON, AS TO AN UNDIVIDED 50% INTEREST, AS TENANTS IN COMMON AS TO THE WHOLE whose address is: 14 SUDBURY DRIVE, LOSTOCK, BOLTON BL6 4PP, UNITED KINGDOM of the County of , State of Florida ,grantees. Witnesseth that the GRANTOR,for and in consideration of the sum of TEN DOLLARS ($10) DOLLARS, and other good and valuable consideration to GRANTOR ja-hand-qpaid-b�GRANTEES, the receipt whereof is hereby acknowledged, has granted,bargained and sold to the said GRANTEES and-GRA�' er sBeF-Sors and assigns forever,the following described land,situate, � �/t lying and being in the County of COLLIER t-Y j --te r\air•'`Q. Florida to wit: SEE EXHIBIT A ATTACHED 0 AND MADE A P T \ REOF SUBJECT TO: Restrictio s, easem. ts, ondi ions and reservations of record, if any; Re 1t::717 1-)Av(o t eA'r 2012 and subsequent years. t-, '111 .,) 2:-.f' --k 41E C1R� and the grantor dots hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. In Wi ess Whereof,the grantor hash eunto set its hand and seal the day and y ' cf.labove written. Si_•ed,sealed and delivered in o presence: HAGKRA, INC ,'`,Florida corporation former o i S OC j,• SURF HOTEL,INC. Ilk a .a f By. A, �IMP (Seal) Printe• Name: NAME%i t7i�•rti M. 'i��'i�- sident Witnes= P.O. s:17901 S.W.60 r : IRT,SOUTHWEST RANCHES,FL 33331 •rint=d N-..e:75-alpG2c(c'(U4 lL)I(;af'7.3 Witness (Corporate Seal) STATE OF FLORIDA • COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 19th •ay of April ,2012 by MANFRED M. HAGEN, President of HAGKRA, NC., a Florida Corporation, formerly known as OCEAN SURF HOTEL, IN . WHO IS PERSONALLY KNOWN TO ME OR WHO PRODUCED A VAL a ••R -R'S LICENSE�s identification. .tn:.!!:, JOENM.CROS Print.. Name: oy ca:'ssaN t oo e7933o a; EXPIRES:July 29,2013 Nota Public q 5 ., 625ed lnru nary PNrtc Uadevnters My • fission Expires: 2002-17A L,,...Gene*,wed H 0 Display Swam;Inc.,2512 (86))76}5555 Form FLWD-t JMG *** OR 4790 PG 1324 *** EXHIBIT°A" LEGAL DESCRIPTION The South One-Half(S 1/2)of the East One-Half(E 112)of the Northwest One-Quarter (NW 1/4)of the Northwest One-Quarter(NW 1/4)of the Southwest One-Quarter(SW 114)of Section 36,Township 49 South,Range 25 East,Collier County,Florida, LESS AND EXCEPTING THEREFROM the East 132 feet thereof; AND LESS AND EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL,TO-WIT: - Commencing at the West One-Quarter(W 1/4)corner of Section 36, Township 49 South,Range 25 East, Collier County, Florida,thence along the East and West One-Quarter(1/4)line of said Section 36,North 89 degrees 21 minutes 02 seconds East 327.33 feet;thence South 0 degrees 31 minutes 07 seconds West 330.42 feet,for the PLACE OF BEGINNING; thence North 89 degrees 20 minutes 30 seconds East 195.84 feet;thence South 0 degrees 25 minutes 53 seconds West 330.38 feet;thence South 89 degree's�,9 ni t►es--59,seconds West 20.0 feet; thence North 0degrees25t avulse s�o n(1 East180.39feet;thence South 89 degrees 2Q i:4n/otes 30 seconds-1141/st.176.07 feet thence North 0 degrees 31'rriltrtes 07 seconds East I50.0 t to the Place of Beginning,being:partvf'ig Eas One-HaJfiE 1/2)'of th Northwest One- _ Quarter (NW 114) f the Northwest One-Quarter (NW 114) of the Southwest One=Qua.- - 14 of'sa X0 6; AND LESS AN le, i cs. th ou 30 feet thereof as described In the Deed •rded in Official ReI rds BooIL 5 6,at Page 770,of the Public Records of Colli:County,Florida. "K. /Q/ The foregoing described pro tieing cubjectt°L1(a,�a utilities easement over the Westerly 10 feet thereof;and(b}'a eae$nO it3 feet1n width lying Southerly of and abutting for the full length of the aboveerrenned course, South 89 degrees 20 minutes 30 seconds West 176.07 feet. All of the above-described real property being located in Collier County,Florida. • • CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RICHARD ADAMS-MERCER & JAMES SIMPSON Inv. Delicia Pulse Department Case No. CEOCC20140009738 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 0 $ 8.00 $0.00 International Mail RRR 1 $ 21.56 $21.56 Total $26.31 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: $77.31 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total! $0.001 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Paqe 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: $77.31 4"5C-C-)1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20140011314 Board of County Commissioners, Collier County, Florida Vs. Richard Adams-Mercer and James Simpson Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 126, Article IV, Section 126-111 (b)AND Section 126-114(c) Dee Pulse, Code Enforcement Official Department Case No. CEOCC20140011314 DESCRIPTION OF VIOLATION: No Business Tax Receipt displayed or obtained for business. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$1.7.'3t incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must obtain and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126, Article IV Local Business Tax, Sections 126-111 through 159 within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Code Enforcement Board of County Commissioners, Collier County, Florida, Plaintiff, Case Nos. CEOCC20140011337 v. 4i.CEOCC20140011314' CEOCC20140009738 Richard Adams-Mercer and James Simpson, Respondents, MOTION TO CONTINUE HEARING ON ALLEGED CODE VIOLATIONS AND REQUEST FOR ADDITIONAL TIME TO ABATE ALLEGED CODE VIOLATIONS Respondents Richard Adams-Mercer and James Simpson ("Respondents'") hereby request that they be given a continuance with respect to Collier County Code Enforcement Case Nos. CEOCC20140011337, CEOCC20140011314, and CEOCC201440009738, which are currently scheduled for a hearing before the Collier County Code Enforcement Board on October 23, 2014 and state: 1. Richard Adams-Mercer and James Simpson, who live in England, own a commercial building at 3427 Exchange Avenue, Naples, Florida 34104, bearing a legal description as follows: 36 49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4, LESS R/W, LESS N 150FT & E 20FT .75 AC OR 2047 PG 139 2. There are currently three (3) businesses located at that address: Charon International Trading, Inc., Frankfort Auto Sales, Inc. and Community Specialties, LLC. 3. Apparently, none of these businesses have been able to obtain a local business tax receipt due to alleged permitting problems that have arisen with respect to the building. 4. Respondents received a Notice of Violation on or around June 9, 2014 from Code Enforcement and have attempted to cooperate with Code Enforcement and the Code Enforcement investigator. 5. Well prior to receipt of the June 2014 Notice of Violation, Respondents through their building managers hired a permitting company to attempt to resolve any II permits and to identify any necessary remedial construction at the building. This occurred in 2013 and since that date, Respondents have spent$9,000.00 at minimum in attempting to resolve the permitting issues. 6. In this regard, Respondents' management at the building as well as the permitting company have had numerous contacts with Code Enforcement and have now concluded that they are prepared to seek to cease all business operations at 3427 Exchange Avenue, Naples, Florida 34104 and that this will abate the alleged violations for failure to have a local business tax receipt. 7. At this time, Respondents are seeking to have all businesses cease operation on or before November 14, 2014 and Respondents would then request that Code Enforcement inspect the building to confirm that there are no business activities there. In addition, Respondents are seeking to sell the building and, in that regard, are aware of Section 162.06(5), Florida Statutes. 8. Respondents have been in contact with the Code Enforcement and it is Respondents' understanding that Code Enforcement does not object to this continuance and extension of time to abate violations at the building. 9. It is Respondents' intention to notify Code Enforcement as each business ceases operations and Respondents intend that at least one of the businesses will cease operations by the end of October and the other two by November 14, 2014. 10.Accordingly, Respondents respectfully request that the Code Enforcement Board grant them a continuance and not require them to appear through their managers or attorney before the Code Enforcement Board on October 23, 2014 and grant them at least sixty (60) days to abate the alleged violations. Respectfully submitted Michael W. Pettit Florida Bar No. 0970336 CHEFFY PASSIDOMO, P.A. Attorneys for Respondents 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Phone: (239) 261-9300 Fax: (239) 261-9782 mwpettit(Wnapleslaw.com dpastornapleslaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of November, 2014, a true and correct copy of the foregoing was emailed to the following persons: Jeff Wright, Code Enforcement Director Delicia Pulse, Code Enforcement Email: jeffwright(cr�colliergov.net Investigator Email: deliciaPulse@colliergov.net Teresa Tooley, Code Enforcement Email: ToolevTeresa(a�colliergov.net /s/ Michael W. Pettit 11446-0002(74) COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ^COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CE0CC20140011314 Richard Adams-Mercer and James Simpson,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,Chapter 126,Article IV,Section 126-111 (b)AND Section 126-114(c) 2. Description of Violation:No Business Tax Receipt displayed or obtained for business. 3. Location/address where violation exists:3427 Exchange Ave,Unit: 3 Naples,FL 34104 Folio:(271080008) 4. Name and address of owner/person in charge of violation location: Richard Adams-Mercer and James Simpson, 14 Sudbury Dr.Lostock Bolton UK,BL64PP 5. Date violation first observed:June 5,2014 6. Date owner/person in charge given Notice of Violation: June 9,2014 7. Date on/by which violation to be corrected:July 8,2014 8. Date of re-inspection: September 5,2014 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 of 4566 be r ,2014. Dee Pulse Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirm d)and subscribed before thisday de Ct 0 t r ,2014 by Dee Pulse. (.1. 9_)\--12- c---- a-U-kSt.."-6__. ,. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) .---. Personally known X or produced identification Type of identification produced 461.!"fq, TERESA TOOLEY * zt„ * MY COMMISSION#FF 069279 T' EXPIRES:November 7,2017 cPrIleoF„pF`O! Bonded Thru Budget Notary Services REV 1-2-13 • Case Number: CEOCC20140011314 Date:June 09,2014 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:ADAMS-MERCER, RICHARD JAMES SIMPSON LOSTOCK 14 SUDBURY DR LOSTOCK BOLTON UK, BL64PP Location: 3427 Exchange AVE, Unit:BLDG 3427 Exchange AVE, Unit:3 Zoning Dist: C-5 Property Legal Description:36.49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4, LESS RAN,LESS N 150FT& E 20FT.75 AC OR 2047 PG 139 Folio:271080008 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: Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126,Article IV, Section 126-111 (b)AND Section 126-114(c) (b) No person shall engage in or manage any business,profession or occupation anywhere in Collier County,including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances,the tax collector in another Florida County. A separate receipt shall be required for each geographic location(situs)of the respective business,profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: (c) The tax collector shall make a duplicate of each tax receipt issued. Each issued receipt shall be displayed conspicuously at the associated place of business, occupation,or profession,and be displayed in such a manner as to be open to the view of the public and be subject to the inspection of all duly authorized Collier county officer and/or other authorized officers. Each business, occupation or profession that fails to continuously and conspicuously display the tax receipt shall be subject to the payment of an additional(second) local business tax for engaging in or managing the business or occupation for which the original local business tax receipt was obtained, including seasonal retailers under section 126-152, herein.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No current Business Tax Receipt displayed or obtained for business. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126,Article IV Local Business Tax, Sections 126-111 through 159. ON OR BEFORE:July 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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Ikvestigato r Signature` L , Phone: 239 252-2440 FAX:239 252-2343 .-� Delicia Pulse CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RICHARD ADAMS-MERCER & JAMES SIMPSON Inv. Delicia Pulse Department Case No. CEOCC20140011314 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 0 $ 8.00 $0.00 International Mail RRR 1 $ 21.56 $21.56 Total $26.31 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: $77.31 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $ 21.56 $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: $77.31 c.ivt4is(c) y COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEOCC20140011337 Board of County Commissioners, Collier County, Florida Vs. Richard Adams-Mercer and James Simpson Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 126, Article IV, Section 126-111 (b) AND Section 126-114(c) Dee Pulse, Code Enforcement Official Department Case No. CEOCC20140011337 DESCRIPTION OF VIOLATION: No current Business Tax Receipt displayed or obtained for business. (Frankfort Auto Sales) RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $'17:3l incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must obtain and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126, Article IV Local Business Tax, Sections 126-111 through 159 within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 Collier County Code Enforcement Board of County Commissioners, Collier County, Florida, Plaintiff, Case Nos. CEOCC20140011337A v. CEOCC20140011314 CEOCC20140009738 Richard Adams-Mercer and James Simpson, Respondents, MOTION TO CONTINUE HEARING ON ALLEGED CODE VIOLATIONS AND REQUEST FOR ADDITIONAL TIME TO ABATE ALLEGED CODE VIOLATIONS Respondents Richard Adams-Mercer and James Simpson ("Respondents") hereby request that they be given a continuance with respect to Collier County Code Enforcement Case Nos. CEOCC20140011337, CEOCC20140011314, and CEOCC201440009738, which are currently scheduled for a hearing before the Collier County Code Enforcement Board on October 23, 2014 and state: 1. Richard Adams-Mercer and James Simpson, who live in England, own a commercial building at 3427 Exchange Avenue, Naples, Florida 34104, bearing a legal description as follows: 36 49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4, LESS R/W, LESS N 150FT & E 20FT .75 AC OR 2047 PG 139 2. There are currently three (3) businesses located at that address: Charon International Trading, Inc., Frankfort Auto Sales, Inc. and Community Specialties, LLC. 3. Apparently, none of these businesses have been able to obtain a local business tax receipt due to alleged permitting problems that have arisen with respect to the building. 4. Respondents received a Notice of Violation on or around June 9, 2014 from Code Enforcement and have attempted to cooperate with Code Enforcement and the Code Enforcement investigator. 5. Well prior to receipt of the June 2014 Notice of Violation, Respondents through their building managers hired a permitting company to attempt to resolve any permits and to identify any necessary remedial construction at the building. This occurred in 2013 and since that date, Respondents have spent $9,000.00 at minimum in attempting to resolve the permitting issues. 6. In this regard, Respondents' management at the building as well as the permitting company have had numerous contacts with Code Enforcement and have now concluded that they are prepared to seek to cease all business operations at 3427 Exchange Avenue, Naples, Florida 34104 and that this will abate the alleged violations for failure to have a local business tax receipt. 7. At this time, Respondents are seeking to have all businesses cease operation on or before November 14, 2014 and Respondents would then request that Code Enforcement inspect the building to confirm that there are no business activities there. In addition, Respondents are seeking to sell the building and, in that regard, are aware of Section 162.06(5), Florida Statutes. 8. Respondents have been in contact with the Code Enforcement and it is Respondents' understanding that Code Enforcement does not object to this continuance and extension of time to abate violations at the building. 9. It is Respondents' intention to notify Code Enforcement as each business ceases operations and Respondents intend that at least one of the businesses will cease operations by the end of October and the other two by November 14, 2014. 10.Accordingly, Respondents respectfully request that the Code Enforcement Board grant them a continuance and not require them to appear through their managers or attorney before the Code Enforcement Board on October 23, 2014 and grant them at least sixty (60) days to abate the alleged violations. Respectfully submitted Michael W. Pettit Florida Bar No. 0970336 CHEFFY PASSIDOMO, P.A. Attorneys for Respondents 821 Fifth Avenue South, Suite 201 Naples, Florida 34102 Phone: (239) 261-9300 Fax: (239) 261-9782 mwpettit(c�napleslaw.com dpastor(a7napleslaw.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of November, 2014, a true and correct copy of the foregoing was emailed to the following persons: Jeff Wright, Code Enforcement Director Delicia Pulse, Code Enforcement Email: ieffwright ra colliergov.net Investigator Email: deliciaPulsea,colliergov.net Teresa Tooley, Code Enforcement Email: TooleyTeresa(a�colliergov.net C 41 PI/ 1 eg /s/ Michael W. Pettit 11446-0002(74) COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEOCC20140011337 Richard Adams-Mercer and James Simpson,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,Chapter 126,Article IV, Section 126-111 (b)AND Section 126-114(c) 2. Description of Violation:No current Business Tax Receipt displayed or obtained for business. (Frankfort Auto Sales) 3. Location/address where violation exists: 3427 Exchange Ave,Unit:5,Naples,FL 34104 Folio:(271080008) 4. Name and address of owner/person in charge of violation location: Richard Adams-Mercer and James Simpson, 14 Sudbury Dr.Lostock Bolton UK,BL64PP 5. Date violation first observed:June 5,2014 6. Date owner/person in charge given Notice of Violation: June 9,2014 7. Date on/by which violation to be corrected:July 8,2014 8. Date of re-inspection: September 5,2014 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 7 day of 0 Ch 2014. _ , '� D ePul~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 1 day of CC C ,2014 by Dee Pulse. (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification TERESA TOOLEY Type of identification produced a°; •.,Pus, * * MY COMMISSION it FF 069279 'w!r: EXPIRES:November 7,2017 T O F tFtoe Bonded Thru Budget Notary Services REV 1-2-13 Case Number: CEOCC20140011337 Date:June 09,2014 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:ADAMS-MERCER, RICHARD JAMES SIMPSON LOSTOCK 14 SUDBURY DR LOSTOCK BOLTON UK, BL64PP Location: 3427 Exchange AVE, Unit:5 3427 Exchange AVE, Unit:BLDG Zoning Dist:C-5 Property Legal Description: 36 49 25 W 198FT OF S1/2 OF E1/2 OF NW1/4 OF NW1/4 OF SW1/4,LESS R/W,LESS N 150FT& E 20FT.75 AC OR 2047 PG 139 Folio:271080008 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: Taxation. Local Business Tax. Collier County Code of Laws, Chapter 126,Article IV, Section 126-111 (b)and Section 126-114(c) (b) No person shall engage in or manage any business,profession or occupation anywhere in Collier County, including within municipalities,for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances,the tax collector in another Florida County. A separate receipt shall be required for each geographic location(situs)of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements.: - .. (c) The tax collector shall make a duplicate of each tax receipt issued. Each issued receipt shall be displayed conspicuously at the associated place of business,occupation, or profession, and be displayed in such a manner as to be open to the view of the public and be subject to the inspection of all duly authorized Collier county officer and/or other authorized officers. Each business, occupation or profession that fails to continuously and conspicuously display the tax receipt shall be subject to the payment of an additional(second) local business tax for engaging in or managing the business or occupation for which the original local business tax receipt was obtained, including seasonal retailers under section 126-152, herein.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: No current Business Tax Receipt displayed or obtained for business.(Frankfort Auto Sales) ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Code of Laws Chapter 1. Must obtain and display required local business tax receipt and comply with Collier county 126,Article IV Local Business Tax, Sections 126-111 through 159. ON OR BEFORE: July 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: INQUIRIES AND COMMENTS SHOULD BE .-- - -� DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 I estiga or Signature Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RICHARD ADAMS-MERCER & JAMES SIMPSON Inv. Delicia Pulse Department Case No. CEOCC20140011337 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 0 $ 8.00 $0.00 International Mail RRR 1 $ 21.56 $21.56 Total $26.31 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: $77.31 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $77.31 0 : 5CC)C, COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEV21040015659 Board of County Commissioners, Collier County, Florida Vs. Elder&Marie Roche Violation of Ordinance/Section(s): Collier County Code of Laws and Ordinances, Article III, Chapter 130, Sections 130- 95 and 130-97(2) James Kincaid, Code Enforcement Official Department Case No. CEV20140015659 DESCRIPTION OF VIOLATION: Unlicensed/inoperable vehicle(s) including but not limited to a commercial box truck parked/stored on improved residential property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: C4.1 j 7 1. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Remove offending vehicle(s) trailer(s) from residentially zoned area AND/OR Must repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s) and/or trailer(s) from residentially zoned area, including Estates zoned property within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. Comply with all requirements of Code of Laws 130-97 including commercial vehicle/equipment size, parking location, screening, and ladder and pipe - limitations. Store commercial vehicle(s)/equipment in rear yard and conceal from view, OR Store commercial vehicle(s)/equipment within a completely enclosed structure, OR Remove ladder(s) and/or pipe(s) from vehicle roof, OR Remove offending vehicle(s)/equipment from residentially zoned property within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 3 The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER_C_O_UNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEV20140015659 Elder&Marie Roche,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 Ordinances: Collier County Code of Laws and Ordinances,Article III,Chapter 130, Sections 130-95 and 130-97(2) 2. Description of Violation:Unlicensed/inoperable vehicle(s)including but not limited to a commercial box truck parked/stored on improved residential property. 3. Location/address where violation exists: 5377 Broward Street Naples,FL.34113 Folio:62261720002 4. Name and address of owner/person in charge of violation location:Elder&Marie Roche 5377 Broward Street Naples,FL.34113 5. Date violation first observed:August 8,2014 6. Date owner/person in charge given Notice of Violation:August 11,2014 7. Date on/by which violation to be corrected:August 21,2014 8. Date of re-inspection: October 8,2014 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 9th day of October,2014 James Kincaid Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn o(or affirmed)and subscribed before thi ')day of Ti ,2014 by J V\e c 0 41 ( ignature of Not Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification .:ue� KERRY ADAMS Type of identification produced “ * MY COMMISSION#FF 139721 ;,. .77; EXPIRES:July 8,2018 nsp Bonded Thru Budget Notary Services REV 12-30-13 Case Number: CEV20140015659 Date:August 11, 2014 Investigator:James Kincaid Phone: 2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ROCHE, ELDER & MARIE 5377 BROWARD ST NAPLES, FL 34113 Location: 5377 Broward ST Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: NAPLES MANOR LAKES BLK 12 LOT 21 OR 2033 PG 2337 Folio:62261720002 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: Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Article III, Chapter 130, Section 130-97(2) Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Parking of commercial vehicles or commercial equipment in residential areas. — It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a Residential District unless one of the following conditions exists: 130-97(2) The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. Limitations on parking, storage of vehicles without current license plates. Section 130-95 Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. 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-Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unlicensed/inoperable vehicle(s) including but not limited to a commercial box truck parked/stored on improved residential property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Comply with all requirements of Code of Laws 130-97 including commercial vehicle/equipment size, parking location, screening, and ladder and pipe limitations. Store commercial vehicle(s)/equipment in rear yard and conceal from view, OR Store commercial vehicle(s)/equipment within a completely enclosed structure, OR Remove ladder(s) and/or pipe(s)from vehicle roof, OR Remove offending vehicle(s)/equipment from residentially zoned property. 2. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completely enclosed structure, OR store said vehicle(s)within a completely enclosed structure, AND/OR Remove offending vehicle(s)trailer(s)from residentially zoned area AND/OR Must repair defects so vehicle is immediately operable, OR store same within a completely enclosed structure, OR remove offending vehicle(s) and/or trailer(s)from residentially zoned area, including Estates zoned property.AND/OR Cease and desist sale and/or display of vehicle(s), — equipment, and/or merchandise adjacent to any public right-of-way. 3. Cease use of property for any use not specifically identified in a residential zoning district as a permitted use, conditional use, or accessory use. ON OR BEFORE: August 21, 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 l ` DIRECTED TO CODE ENFORCEMENT I 2800 North Horseshoe Dr, Naples, FL 34104 vestigator Sig ture Phone: 239 252-2440 FAX: 239 252-2343 James Kincaid Signature and Title of Recipient Printed Name of Recipient CEV20140015659 — 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: CEV20140015659 Respondent(s): ROCHE, ELDER&MARIE THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable docuinent(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines 1"I1Irll11ll11' 11111{il'111TH+11111111111IINlI"IIIIIII"r CASE: CEV20140015659 Citation Elder&Marie Roche Notice to Appear 5377 Broward St Code Enforcement Board Evidence Packet Naples, FL 34113 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 5377 BROWARD ST NAPLES, FL 34113, on 8/12/2014 (Date),at 8'30 AM (Time). gailtet. a (Signature of Code-Enforcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 12th day of August,2014 by Indira Rajah(Name of person making statement) h (Signature of Notary ic) NEIL C. AY �,.,. * a �. MY COMMISSION it FF 048477 EXPIRES:August 2017 % oc+. of Bonded Nu Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CEV20140015659 Respondent(s): ROCHE, ELDER& MARIE 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 James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 5377 Broward ST on August 11,2014(Date)at 2:11 PM(Time)and at the Collier County Courthouse on August 12,2014(Date) at 8:45 AM (Time). e..eu ( •nature of Code - forcement Official) r J- es Kincaid STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)ansi subscribed before me this /3 day of fitt4i s" ,2014 by James Kincaid(Name of pe.ton making statement) (Signature of.Notary iic) INDIRA RAJAH MY COMMISSION P EE 126592 • EXPIRES:December 7,2015 ,F 0 B Zed Riu Huai flaw S ra es (Print,type or stamp Commissioned Name of Notary Public) V.Personally known Produced identification Type of identification produced Code of Laws and Ordinances, Article III, Chapter 130 Limitations on parking, storage of vehicles without current license plates. Section 130-95 Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both affixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. Parking of commercial vehicles or commercial equipment in residential areas. Section 130-97(2)The vehicle and/or equipment is parked in a garage or fully enclosed structure or carport which is structurally or vegetatively screened and cannot be seen from adjacent properties or the street serving the lot. Return to:(enclose sell-addressed stamped envelo •I wARRANti DEI o N,na; tl'RUSItY, Florida Title Guarantee Agency RtroRA000I of Collier County, Inc. Amass: 2150 Goodlette Rd., Suite 701 OR: 2033 PG: 2331 Naples, Florida 33940 01C00D10 in OTTICIAI 0IC00D3 of COLLIII COMM VI thi%ln.tnunenlrfepaed1w. Florida Tit 1e Guarantee Ag•ncy 02/28195 at 00:41AM DOIGHT I. 11WC1, CLIII •I I.lt. u„,rt.,,ii,•.• n.,t:r„•; COOS 60000.00 of Collier County, Inc. 11C VII 6.00 Adam. 2150 Goodlette Rd., Suite 701 DOC•.10 420.05 Naples, Florida 33940 letn: t110110A TITLI GDAIAITII Property Appraiser Parcel Identification IF.Jn+,Niumberisl PICK UP 62261720002 liranleefo S S ai.y st'\('1klM)Vl IIIIS LI\I I Olt I'RtXiSS(Sti:rAIA SCM:1:AiS)Vt l'111SLI\I•I-URRL•CtiRUINti[MIA This Warranty Deed Made and executed the 22nd day of February A.D. 1995 by Avco Financial Services of Florida, Inc. • a corporation existing under the laws of rcoN i Oa .and having its principal place of business at 3349 Michelson Dr. Irvine Ca. 92713-9702 hereinafter called the grantor,to Elder Ro.:he and Marie Roche, Husband and Wife whose postollice address is 5377 Broward Street, Naples, Florida 33962 hereinaller called the grantee: t N'henrse, used herein the I, ��W}aaeaf!� }}set"�M�lt. include ail the putwa to this instrument and the heds. 41;31 tepres.msIe apd'h.i, ."Lwt,c'FNaW• •d the aucee.,or, and amps at srporatOaal Witnesseth; That the_ na. ft a td in consideraatt•i-t?Nl., sum of S 10.00 and other valuable considerations,recent w444,61.is hereby acknowledge 'toy t -se presents does grant,bargain,sell.alien. remise,release,convey and c.nfi c , , _ nice.all t certain and Mate in Collier County,Florida,viz: onLot 21, Block 12, AP fIR• L x ' .1oo he plat thereof recorded in Plat Book 3, Pa. : ate. Re - oilier County, Florida te- • lx Subject to Easements,.--C1 ations and Res ,ic common to the subdivision. Together with all the ten 70; C t� tc CppuncnanCes thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that it is lawfully seized of said land in fee simple; that it has gorod right and lawful authority to sell and convey said land; that it hereby fully war- rants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances;Except taxes accruing subsequent to December 31, 19 . In Witness Whereof the grantor has caused these presents to be .g( s3caAI l:sl:At., executed in its name,and its corporate seal to be hereunto affixed,by its proper officers thereunto duly authorized,the day and year first above written. ATTEST: (/ ( l� /C Avco Financial services of Florida, Inc Mari n L. I4avens, Assistant Secretary Signed,sealed and delivered in the presence ol`. 1 • By G• ArieNS-------- Witp1Ss / Laila B. Soares, Assistant Vice President wf'tness STATE OF CALIFORNIA COUNTY OF ORANGE I IIERIi1IY CERTIFY that on this da .before me.an Wilco.July authuri:ed in the State and County aforesaid to take acknowledgments. personally Laila B. Soares & Marilyn L. Havens (Identified by State Driver's Licensels) bciag duly sworn anal well known to me to be the Asst.,;Y i ce Pres.,' Asst. Secretary respectively alike corporation named as'pistol in the foregoing deed,and That They severally acknowledged executing the same in the presence of two subscribing wimeces freely and votunlanly under authority du aid.•nmou>i,on a d f t the seal affixed there;is true cu ate seal of said corporation WITNESS my hand and o is, ,.• counrvIIdjie oresai his da rat A .A D tV 95 401!s ooli BI MP « ' COtxtrY� ✓ 1J /� � ?�l ay Glomintulon Espies DEC.fa.um CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ELDER & MARIE ROCHE Inv. JAMES KINCAID Department Case No. CEV20140015659 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 7 12 $ 0.04 $2.94 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $13.17 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: $64.17 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $64.17 AT __ 4Cia :Pit/t 44;5(c)0 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20140015709 Board of County Commissioners, Collier County, Florida Vs. Elder& Marie Roche Violation of Ordinance/Section(s): Collier County Land Development Code 04-41 as amended Section 2.02.03 James Kincaid, Code Enforcement Official Department Case No. CELU20140015709 DESCRIPTION OF VIOLATION: Prohibited outside storage on residential zoned 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. Removing from property all items stored outside not specifically identified as a permitted use, conditional use or accessory use on residential zoned property or store items in a completely enclosed structure 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 COEEIER_COi1iNTYy FLORIDA CODE ENFORCEMENT BOARD .-� COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20140015709 Elder&Marie Roche,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Land Development Code 04-41 as amended Section 2.02.03 2. Description of Violation:Prohibited outside storage on residential zoned property 3. Location/address where violation exists: 5377 Broward Street Naples,FL 34113 Folio: 62261720002 4. Name and address of owner/person in charge of violation location: Elder & Marie Roche 5377 Broward Street Naples,FL 34113 5. Date violation first observed:August 8,2014 6. Date owner/person in charge given Notice of Violation:August 11,2014 7. Date on/by which violation to be corrected:August 21,2014 8. Date of re-inspection: October 8,2014 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing.% Dated this 9th day of October,2014 ames Kincaid Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or affirmed)and subscribed before this/1 day of U 1 ,2014 by ai'✓1 C S K6l n.c A b ice` - -- 'gnature of No : Public) (Print/Type/Stamp Commissioned �., Name of Notary Public) Personally known or produced identification oo r PuB� a ;•••.,� KERRY ADAMS Type of identification produced , , MY COMMISSION#FF 139721 EXPIRES:July 8,2018 mr�rEOF,�o�\�r Bonded Thru Budget Notary Services REV 12-30-13 Case Number: CELU20140015709 _ Date:August 11,2014 Investigator:James Kincaid Phone:2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ROCHE, ELDER & MARIE 5377 BROWARD ST NAPLES, FL 34113 Location: 5377 Broward ST Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: NAPLES MANOR LAKES BLK 12 LOT 21 OR 2033 PG 2337 Folio:62261720002 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 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: Prohibited outside storage on residential zoned property ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Cease use of property for any use not specifically identified in a residential zoning district as a permitted use, conditional use, or accessory use. ON OR BEFORE: August 21, 2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 ill Investigator l• ature Phone: 239 252-2440 FAX: 239 252-2343 James Kincaid Signature and Title of Recipient Printed Name of Recipient CELU20140015709 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: CELU20140015709 Respondent(s): ROCHE, ELDER &MARIE 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 111111'11111111d11111111111111111'1111111111111111114111111" Citation CASE: CELU20140015709 Elder& Marie Roche _Notice to Appear 5377 Broward St ,Code Enforcement Board Evidence Packet Naples, FL 34113 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 5377 BROWARD ST NAPLES, FL 34113 on (Date), at 822 AM (Time). ----, Sin Oa A P i A-4 (Signature of Code E' brcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 12th day of August,2014 by Indira Rajah(Name of person making statement) tryZ. — C , 4 -jr-"--- (Signature of Nota ic) ". � NEIL C.DAY * ... A * MY COMMISSION t FF 0,4W, At,—; I," : EXPIRES:August 26,2 14000fY Sonde Thrb BOj?}bnn Ezrrp. (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CELU20140015709 Respondent(s): ROCHE, ELDER& MARIE THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 5377 Broward ST on August 11, 2014(Date)at 2:11 PM (Time)and at the Collier County Courthouse on August 12,2014(Date)at 8:46 AM (Time), h. t •ignature of Code • orcement Official) fines Kincaid STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)a d subscribed before me this/3'' day of 14Gc'tr,gtg-' ,2014 by James Kincaid(Name of p4rson makin statement) 7?tftL (Signature of NotapPublic) "O., INt}IRA RAJAH A. <.2,r, * MY COMMISSION#EE 125592 .: EXPIRES:December 7 2015 `4'z-a r y o e eo led r nu Budget Notary services (Print type or stamp Commissioned Name of Notary Public) t4ersonally known Produced identification Type of identification produced Collier County, Florida, Land Development Code Chapter 2 Zoning Districts And Uses 2.02.00 Establishment of Zoning Districts 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. CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ELDER & MARIE ROCHE Inv. JAMES KINCAID Department Case No. CELU20140015709 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $12.75 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $63.75 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $63.75 Pt- *'5(c) q COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20140018277 Board of County Commissioners, Collier County, Florida Vs. Black River Rock, LLC. Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, sections 10.02.06 (B) (1) (e) and 3.05.01 (B) Michaelle Crowley, Code Enforcement Official Department Case No. CESD20140018277 DESCRIPTION OF VIOLATION: An undeveloped parcel of 1.3 acres cleared of vegetation without required Building or other Permit; 54 loads of fill dirt/rock have been graded and/or placed on site without any Building Permit or other authorization. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ Co 5 , 5 incurred in the prosecution of this case within 30 days and abate all violations within days by: 1. Apply for, and obtain, all required Building Permits, Clearing Permits, and/or Vegetation Removal Permits, for removal of native and non-native vegetation from the site OR remove all grading and fill materials from site and restore parcel to a permitted state, including restoring all vegetation via a Mitigation Plan submitted and approved per County Ordinances. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY ^ BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140018277 BLACK RIVER ROCK,LLC.,Respondent STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Land Development Code 04-41,as amended,sections 10.02.06(b)(1)(e)and 3.05.01 (B). 2. Description of Violation: An undeveloped parcel of 1.3 acres has been cleared of vegetation without required Building or other Permit;54 loads of fill dirt/rock have been graded and/or placed on site without any Building Permit or other authorization. 3. Location/address where violation exists: Collier Boulevard at Eagle Creek plaza, Folio # 00726724107,no site address,34113. 4. Name and address of owner/person in charge of violation location: Registered Agent: Filings, Inc.,3732.W. 16th Street,Ft.Lauderdale,FL 33311-4132. 5. Date violation first observed: September 12,2014. 6. Date owner/person in charge given Notice of Violation: Notice of Violation was posted on site and at Courthouse on September 15,2014. Certified Mail was sent on September 15,2014,with Green Card signed by Registered Agent on September 18,2014. 7. Date on/by which violation to be corrected: September 29,2014. 8. Date of re-inspection: October 7,2014. 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 9th day of October, 2014 LF 1 ' L4 Michaelle Crowley Code Enforcement Investigator STATE OF FLORIDA o��pY AU�i NEIL C.DAY COUNTY OF COLLIER a ° ' MY COMMISSION#FF 048471 °,mi: EXPIRES:Augusf 26,2017 Sworn t (or affirmed)and subscribed before this 9th day of October ,2014 by Nom° of �,or g d ugudgetNotaryServices Print/T e/Stam Commissioned (Signature of Notary Public) �( p Name of Notary Public) Personally known_x or produced identification REV 12-30-13 Case Number: CESD20140018277 Date: September 15,2014 Investigator: Michaelle Crowley Phone:239-252-2972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BLACK RIVER ROCK, LLC, 16807 TURTLE POINT ROAD, CHARLOTTE NC 28278 Registered Agent: FILINGS, INC., Registered Agent for Black River Rock, LLC, 3732 N.W. 16TH STREET, FT. LAUDERDALE, FL 33311-4132 Location: Collier Blvd, no site address. Unincorporated Collier County. Zoning Dist: C-4. Property Legal Description:3 51 26 COMM AT NE CNR TR M-1,N87DEG W 248.62FT, NO2DEG E 271.35FT, NO2DEG E 35.84FT, S 54DEG E 236.49FT, ELY 23.70FT... Folio:726724107 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: 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). 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. Also, Section 3.05.01 (B). It shall be unlawful for any individual, firm, association,joint venture, partnership,estate,trust, syndicate, fiduciary, corporation, group, or unit of federal,state, County, or municipal government to remove, or otherwise destroy,vegetation, which includes placing of additional fill,without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 1.3 acre parcel cleared of vegetation without Building Permit, 54 loads of fill dirt/rock has been dumped on site without Building Permit. 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 Building Permits, Clearing permits, and/or Vegetation Removal Permits, required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. (2) Remove all piles of dirt/fill material from property and restore property native vegetation if no Permits can be obtained. ON OR BEFORE: 09/29/2014 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: Certified Mail & Posting INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature I Phone: 239 252-2440 FAX: 239 252-2343 Michaelle Crowley Signature and Title of Recipient AFFIDAVIT OF MAILING Code Case Number: CEVR20140018277 Respondent(s): Mailed NOV cert I reg owner 7013 2250 0001 0137 6646 CESD20140018277 NOV MC#87 BLACK RIVER ROCK,LLC 16807 TURTLE POINT ROAD CHARLOTTE NC 28278 Mailed NOV cert/reg agent 7013 2250 0001 0137 6653 CESD20140018277 NOV MC#87 FILINGS;INC. Registered Agent for Black River Rock, LLC 3732 N.W. 16TH STREET, FT. LAUDERDALE, FL 33311-4132 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)J X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondents at these addresses, on_9/15/14_(Date), at _10:02amm_(Time). 1 �'1 (Signature o ode ode .)' Neil Day STATE OF FLORIDA , COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_15th day of_September_,2014 by Neil Day(Name of person making statement) .- / 1 `� yij. ` .''''v ain P..- r cs A LADES (Signature of Notary Public) MY COMMISSION#FF 0184468 (// *t.. EXPIRES:September 17,2017 „:,n"0e- BoododThru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20140018277 Respondent(s): 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 Michaelle Crowley, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s) at folio 726724107 , on_September 15, 2014_(Date), at_1:33 pm__ (Time), and at the_Collier County Courthouse at 1:59 pm. \.)■ .(_ (Signature of Code Enforcement Offi ial) Michaelle Crowley STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_15th_day of September_,2014 by Michaelle Crowley(Name of person making statement) • c_ � 1 (Signature of otary Public taRY r: WEIL C.Di-■ * * MY COMMISSION., EXPIRES:August 25,201 '!/400 0•0F Bonded Thru Rudcet Noiar'' (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced 't oa ,s,,w 1.----- ` _daa, a ra ,- 4 °a itriVZ, N1 a e„�, c--t �z- .e° r. �7 QSf�L 37� E , }a '!'Vs.b '',Pittirt*Ai-WRECEItiVel' a.n.a r - 1 .,t Ln POrgeSgelf#104, NRMAR aec '6,v reggROW te,e �, - omes�r _a► Onl x�ilo►nsruarrc Coverag rQVI edj• .9 Aroc ICveiy fofarmatfaktrrel6cu we6`sit'e a'E.yuwxrusps'cam � ' fir V-KeikilelliiiiiiiWiriatioriyiiiit_cueiivebsiteaaCV�iRinrasp"s.com�1 > q a 5 0 d m: rR 0 Postage $ 0O Postage $ ,i Certified Fee _ r9 Certified Fee En Postmark o Postmark 0 Return Receipt Fee Here O Return Receipt Fee ci (Endorsement Required) E (Endorsement Required) Here � r Delivery Fee Restricted Delivery Fee(Endorsem ent Required) � (Endorsement Required) � ru Ill Eli ru m CESD20140018277 NOV MC#87 I m CESD20140018277 NOV MC#87 r-1 FILINGS, INC. t� Registered Agent for Black River Rock, LLC BLACK RIVER ROCK, LLC N 3732 N.W. 16TH STREET, 16807 TURTLE POINT ROAD FT. LAUDERDALE, FL 33311-4132 CHARLOTTE NC 28278 , -..,,...e....,-..._,.....,.,,v .wm..... .i.s..T. a ..r..;..."^:t..' , a. SENDER: COMPLETE THIS SECTION C049PLETE THIS SECTION ON DELIVERY . s Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 0 Agent II Print your name and address on the reverse X 0 Ad ressee so that we can return the card to you. B. Re ,ed b - ed Name) C,D to elivery II Attach this-card to the back of the mailpiece, . 1 A J 4( or on thefmnt if space permits. !!�+- "` — D. Is delivery address d',. t from item 1? Yes ■ 1. Article Ad teased to: Pied If YES,ente�j:• address below: ❑ No 1, CESD Y: 40018277 NOV MC#87 FILINGS-, INC. Registered Agent for Black River Rock, LLC 3732 N.W. 16TH STREET, rice Type FT. LAUDERDALE, FL 33311-4132 Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mat 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7013 2250 0001 0137 6653 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 -10.02.06 Submittal Requirements for Permits B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 3.05.00 -VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01 - Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. INSTR 5024751 OR 5072 PG 910 RECORDED 8/29/2014 4:05 PM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $3,500.00 REC $35.50 CONS $500,000.00 This Instrument Prepared by and Return to: Shelia L.Loth Denise H.Rowan,Esq. McCalla Raymer,LLC 1022 W.23`d Street,6th Floor Panama City,FL 32405 cli S-00 c,00.00 Property Appi'aisers Parcel I.D.(Folio)Numbers(s): 00726724107 PC14-231 _ SPACE ABOVE II I'S LINE FOR PROCESSING DATA SPACE ABOVE TI(IS LINE FOR RECORDING DATA Special Warranty Deed Made effective asofthi /s day of August, 2014, by Red Naples Holdings V, LLC, whose address is 4675 MacArthur Court, Suite 1550,Newport Beach,FL 92660,hereinafter called the"Grantor" ack River Rock,LLC,a Florida limited liability company,whose mailing address is 1680 ov1Roalkoa harlotte,NC 28278,hereinafter called the "Grantee". /i✓ ' (Wherever used heretn " ntor" and "Grant " in Jude all the parties to this /t the instrument and the hei{s,legal .epntatives arr. signs o indi iduals,and the successors .-� and assigns of corpo/atiors ' nesseth: That th re n-eo side :.'oil e sum of TEN AND NO/100 T3'rt DOLLARS ($10.00) and oth able consideratio rec-ip reof is hereby acknowledged, hereby grants,bargains,sells, trts1,remises,release •n e ' confirms unto the Grantee,all that certain land situated and b '1 'i Duval County,Flon. c cribed as follows: See Schedule"A"for compl l C 1 SUBJECT TO taxes for the year 2014 and all subsequent years,which are not yet due and payable, applicable zoning restrictions, prohibitions or other requirements of record or imposed by law or governmental authority, and all matters of record, without operating to reimpose same: Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. And the Grantor hereby covenants with said Grantee that it is lawfully seized of the Property in fee simple;that the Grantor has good right and lawful authority to sell and convey the Property; that the Grantor hereby fully warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by,through or under the Grantor but none other. 1 OR 5072 PG 911 In Witness Whereof the said Grantor has signed and sealed these presents the day and year first above written. Signed,sealed and delivered in the presence of: Sabal Financial Group, L.P. acting in its capacity as Manager for Red Naples Holdings V,LLC,a Florida limited liability ompan fif Witnes ignature By: A.`IP'■ Print Name: /l47 ///ic Name: Title: e n jam ftar� Print am �cs / .�r�•+h �� STATE OF W►.,L,. C COUNTY OF d� I . A.. (71 �1) I HEREBY CERTI , c duly authorized in the State aforesaid and in the Coun gq esaid t. ` e ackn i' led_ ej{t he foregoing instrument was acknowledged before me by w a thorized Signatory.Who is() personally known to me or()h. r� -�� ) as identification.Personally appeared before me this day and a,-dged the du- -x\e•ti.n of the foregoing instrument. hand WITNESS my hand d o ial seal -th State last aforesaid this day of August,2014. k))1 Notary Public, State of Typed,printed or stamped name of Notary Public My Commission Expires: 2 OR 5072 PG 912 r-. State of California ) County of Orange ) On August 21, 2014, before me, A. O'Donnell, Notary Public, personally appeared R. Patterson Jackson, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and,..co R co o WITNESS my hand and offs -_ . �.' A.0'DONNELL ' - _ � � Commission#2022627 i,i4'?! Notary Public-California Z I `r'i'l/ Orange County�� w `- ' " V `� M Comm.Expires Apr 29,2017+ N• ary •ublic Signatur 1 n r` 1 -41E CW..0 *** OR 5072 PG 913 *** Legal Description Exhibit"A" All that part or the Northwest 1/4 of Section 3,Township 51 South,Range 26 East,Collier County,Florida,described as follows: Commencing at the northeast corner of Tract"M-1",according to the plat of Crystal Lake Terraces at Eagle Creek,Plat Book 16,pages 30-31 of the Public Records of Collier County,Florida;thence along the North Iine of said Tract"M-1" North 87°30'54" West 248.62 feet; thence along the Easterly boundary of said Tract"M-1"North 02°29' 06" East 271.35 feet; thence leaving said boundary North 02°29'06" East 35.84 feet; thence South 54°20'32" East 236.49 feet; thence easterly 23.70 feet along the arc of a non- tangential circular curve concave northerly having a radius of 62.00 feet through a central angle of 21°53' 50" and being subtended he ' which bears South 65° 17' 26" East 23.55 feet to a point of reverse curvatd rcCe tlot 8.64 feet along the arc of a circular curve concave southerly 4 -dius of I 1 -.ct through a central angle of 22°08'22" and being subtende98 b3� chord which bears •uth\65° 10' 10" East 38.40 feet to a point on the West right-o-wo l'ne of1;.' ' oilier :ou'evard; thence along said right-of-way being a non-ta genial 1tne t 14°57'05" i t 4.42 feet to the Point of Beginning. V Less and except that portio h1 is ate aking recorded in Official Records Book 4891, • 3845 and Official eco ds :00 4923,Page 1280. 1 1 kJ .7 R CV-Si cic. b 2...0 t 't° a:el-1 of'. F, ? ioNia -X47/11 ? i„ „vi, 1 moor. ' 44 a 4 a - , IV, ,,.. r- .", , . ,-- ..,, . , / ., .„.. , . , 'It .., i ...:r2. , ,. ** . .- A , ' .4 'VW'. .0" ' ..'41`,.-40k,,,0,?..•„ 4,j;::::-.,,z74i,..,..4 1 Z-'!4,6: '4 , .," ,f MP. IV*.'. .'' ..,„...4._ ,.7,*;,,, .: .- ''',%'* 'frit.:14,, 'r :** • *A., .0tot''' , -I; -1, ...,..., 51 *Niiiitir ' 'It k ''''' - ' °.1.- e .• ",.0, ' 1,4,,, 44e1".,..4 0 O. • ,, .t.,."40-1,:;....:*,,,,_,„... : -1.. ...1,,,,,,_mr-, . . eh' I:44*k ' Ike' ."' ' ■. Iliy;., ,.,, -- )‘4, 4_. •-,P '8' ...4. ' I ,'N ' ... AUL Iitit I -4, V.N.2.1111" / -- -___________-_---„-----z--- , 0— Ir , ' '' - ......... — _ ,, ... III . .:' 7 10/9/2014 ___,i - __ e ma http://www.collierappraiser.corrilw b p/output/Collier_2014_sde0377556606805U9 . pg n ri E nth' a:. . tk 4 i 8 d 0 Ea ''� I w e ii. , e ,..,e,. gy' Y r$„ i 4t 4 I 4,7,,,fi!.1 tr ti i i 0, ,440 I . ,1,1 4:-4-''''''''-il:',- '' ' ti i t i + I i ffi , e p - , . -.. >. .... C 1—'- - - '' ' –' ''''sli .01,_ '':':' %'',. , 4 '" ,',.'''''' :s. 0, _ • i w f III a } x:= �- f . a�' , dry }j , t .z ,� a+� r ,. I. l v 4. • er • } -' ti ..- ,. Dom. - '' 'i'''....-''', .. .- . ...1.._'._. .7:-.-----' '' 'i a a g. y ot — E .� r 9 444,4 t` ":"' ' ''''' '-''',:''''' r ... t Ili ,. �� .art" i .t f .. .- �, 1. -- it.' ' '4 41 p . SO-7,. _ s 'k a i ,f 4 A. s a Alt •� - : fs _ s 4 °., @ .. ` i Y° , _ v„ 1 't .1/1. Av t y . irP, _ - 4 a s € i '".',...... 414' e 44 04 g m 444 1 ti . i.. , y4 , 4> i .. F n -h*t!,. i. . "- '4°I.' rcit:' -'4.-r' -_,,,.-_-_- ir_' _,__ '-''' !l' ''''' 166 ." °.. ■ 1. ' 11101, .iiiir 1 .. , ri,. .,. -- __, _. i_ _., _„::.. T ______ _ _ , f � I, 1 #1. i 5 • • 1 i, s E i, , A ii w f Ail�N. -.If 0 i . * *' _ x r ,^'WPf: as. t ''''''''-'7'::- s� ' ,e, „ . • ; .�. '' `Y , € , ., _, T�f 4, �' T ,.f 'O t"it ' N te.ate {`p s: � ' - � �' • t �! r x lir a ..`" } .. a. . # 7l ', �x fi ". — ,.�e u° M � p � ---- --. -)4* )1"1:;-4- aL I te , e ,� T : n�°! F • ♦ tn,. ' r C b ` .k',- fi - 5'° 1' ,,•l.�,. ' . , _ "• ` , L *y.ma1h y{ mE 4qY Fx 1 � J��a_ : .t � a A ,}p;:„ +�s ��d( , 'Y.� s 4` � mot r # „ : ,p q 6 A r " n „Pf a m a °-� '� ��' - K r` ;� , §' %a a 1 µ ! e i75 .. ^w _ p bra Fr+y, � ��s +r µI n ` fi �. r Mr 1., _ t ,c 4 x w_:.... r ^.,y,,. +b:c..;."_ .7 N. !Aa '?7!,e ��. ,i e a'`' ' F " , �', x� . Yr #„ 44,,..--:,:' „ r . • As.,” 4 " w .-0 �i".° I! p e I ��1"4„ ` y , T` �" [9 yic3 t �^i" P d u te � ' • h !f wz „ , 3s,� I ° If\ .h tea -I .,31� w 1 . ° •p -""`-',-.e' s I t itl_ I• f " ' �j'`°# { . f yi. y g - / `` A , :� fi.. 41'P w � � ? P a �` —4- i �;�' y e,t' vi7ti-y 14e&41`SCc_ j COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CEVR20140016015 Board of County Commissioners, Collier County, Florida Vs. Nature Pointe Homeowners Association Inc. Violation of Ordinance/Section(s) Collier County Ordinance 85-71 Section 6.06(C) David Jones, Code Enforcement Official Department Case No. CEVR20140016015 DESCRIPTION OF VIOLATION: Presence of Collier County prohibited exotic vegetation 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. 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. This order of the board shall be completed within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEVR20140016015 Nature Pointe Homeowners Association Inc.,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Ordinance 85-71 Section 6.06(C). 2. Description of Violation:Presence of Collier County prohibited exotic vegetation. 3. Location/address where violation exists: No site address. Folio: 63770000458 4. Name and address of owner/person in charge of violation location: Nature Pointe Homeowners Association Inc. 1765 Gordon River Ln.Naples,FL 34104. 5. Date violation first observed:August 5th,2014 6. Date owner/person in charge given Notice of Violation: September 5th,2014 7. Date on/by which violation to be corrected: October 5th,2014 8. Date of re-inspection: October 6th,2014 9. Results of Re-inspection:Violation Remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 8th day of October, 2014 jde-E'nfo cement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 8th day of October,2014 by David Jones f2 <<. ' (Signature of Notct'ublic) (Print/Type/Stamp Commissioned Name of Notary Public) �-. Personally known , or produced identification Type of identification produced o aar Pcoc 1.. BEF#LYBRANC+ES * MY COMMISSION#FF 048468 N EXPIRES'September 17,2017 Swim Thru Sudpt Nstary Services REV 1-4-12 Case Number:CEVR20140016015 Date:September 05,2014 Investigator: David Jones Phone:2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NATURE POINTE HOMEOWNERS ASSOCIATION INC 1765 GORDON RIVER LN NAPLES, FL 34104 Registered Agent: Location: Unincorporated Collier County Zoning Dist: Property Legal Description: NATURE POINTE TRACT C (DRAINAGE ESMT) Folio:63770000458 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3,05.08(C), Collier County Ordinance 85-71 6.06(C) "Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species." Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Presence of Australian Pines within FDEP conservation easement within boudary of Nature Pointe PUD. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove all Category 1 species of exotic vegetation as specified in Collier County Ordinance 85-71. Obtain all applicable county and state permits necessary for the exotic removal within Nature Pointe PUD. When prohibited exotic vegetation is removed, but the base/stump of the vegetation remains the base/stump shall be treated with an EPA approved herbicide and visual tracer dye applied. ON OR BEFORE: 10/05/2014 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 liivestiga 'Signature Phone:239 252-2440 FAX:239 252-2343 Da ` ,Tones Signature and Title of Re ent i ited Name of'ec pent -3 tot c-( 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. 3 ' • P 4 ORDINANCE. 85- 71 1119111 111111 1- AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- -,I • PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- _ PORATED AREA OF COLLIER COUNTY, FLORIDA BY • AMENDING THE ZONING ATLAS MAP NUMBER 49-25-7 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN; co DESCRIBED REAL PROPERTY FROM A-2 TO "PUD' cr PLANKED UNIT DEVELOPMENT KNOWN AS RIVER REACH F;m.-- rnT+ cT �•-' • FOR PROPERTY LOCATED WEST OF AIRPORT ROAD (-1 C) I,'• APPROXIMATELY 1� MILES NORTH OF DAVIS BOULEVARD o o` m . " : • (SR-84) LYING BETWEEN ENTERPRISE AVENUE AND c '^ I OUTRIGGER LANE, BEHIND THE COLLIER PARK OF :..,po Q I. j COMMERCE IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE ,y t� 25 EAST, FOR A MAXIMUM NUMBER OF 790 DWELLING -• ° .. UNITS, 3.5 ACRES OF COMMERCIAL AND A PARK FOR A '"p'- co , TOTAL OF 112 ACRES; AND PROVIDING AN EFFECTIVE ” DATE. I 1 ij WHEREAS, Agnoli, Assaad, Barber and Brundage, petitioned the Board • • of County Commissioners to change the Zoning Classification of the herein • described real property; • . , NOW, THEREFORE BE IT ORDAINED by the Board of County 1 Commissioners of Collier County, Florida: 1 • . SECTION ONE: ° The Zoning Classification of the herein described real property • located in Section 35, Township 49 South, Range 25 East, Collier County, 1 Florida is changed from A-2 to "PUD" Planned Unit Development in accordance •, with the PUD document attached hereto as Exhibit "A" which is I. ♦. incorporated herein and by reference made part hereof. The Official .. Zoning Atlas Map Number 49-25-7, as described in Ordinance 82-2, is hereby l amended accordingly. 1 SECTION TWO: This Ordinance shall become effective upon receipt of notice i` 1 that is has been filed with the Secretary of State. • ,b. DATE:�. Eember 10, 1985 BOARD OF COUNTY COMMISSIONERS • �1 '� �'� COLLZ•' C•UNTY, FLORIDA .0(• ••(•"5 •M• ..• ,.,' ATTEST: ' a B I•• ,I;;:WILLIAM J..AAGAE, CLE C.AIRMAN t .a x / h ordinance filed with the; c — , rotary of 5 te'•Office flit —. / get-dicky of t'.Lam-' nd ockn°wi ment of that APPROVED A • FORM AND LEGAL SUFFICIENC•S� -- f iii - received this/ ,.. of-1'. - „ •• - ' :.__. _. / di' KENNETH B. CUTLER / D.C."- .o a P. - p ASSISTANT COUNTY A ORNEY . aDOK 0?zP�.�194 D_A c-72c nTdinn nCe ...--.___.....— • 1 1 • 6.06 ENVIHONNIENTAL CONSIDERATIONS A. A site clearing plan shall be submitted to the Natural fenourcea Mnnagnnent Department and the Community Development Division for their review and approval prior to the issuance of any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall 1s clearly depict how the final site layout incorporates • retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, • and other facilities have been oriented to accommodate • this goal. , I B. Native species shall be utilized, where available, to - - • the maximum extent possible in the site landscaping ' design. A landscaping plan will he submitted to the . • Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. - The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on .• the site during construction or due to past activities. C. All exotic plants, as defined '_:. the County Code, shall • be removed during each phase of construction from development areas, open apace areas, and preserve areas. Following site development a maintenance program shall • be implemented -to prevent reinvaslon of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural • Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner ' • so as to provide only a minimal interruption to any constructional activities. • t HK 022P, 215 6-2 1 . .a� -- i 1 f S fl I ,..� • *** INSTR 4607563 OR 4719 PG 2776 RECORDED 9/19/2011 10:22 AM PAGES 1 *** DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $10.00 This Instrument was prepared without opinion of title by and after recording return to: Glenn J.Ballenger,Esq. 826 Anchor Rode Drive Naples,Florida 34103 (Space above this line for recording data) QUITCLAIM DEED THIS DEED,made the /I/ day of September,2011,by Nature Pointe of Naples,Inc.,a dissolved Florida corporation, (singularly or collectively"GRANTOR"),and Nature Pointe Homeowners Association,Inc.,whose post office address is 1521 Gordon River Lane, Naples,Florida,34104,(singularly or collectively"GRANTEE"): (Wherever used herein,the terms"Grantor"and"Grantee"include all 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 Ten Dollars($10.00)and other valuable considerations, receipt of which is hereby acknowledged,hereby grants,b i' ls,aliens,remises,releases,conveys and confirms unto the Grantee,all of the interest of the Grantor in that ce in�tu@. .• ,. .'ear County,Florida,viz: Tracts A,B,C,D and E,NA •' 0 ' E,in accordance Nvit t =nd subject to the plat,recorded in Plat Book 20,Pages 20 thr'ug i of the Public Records o olll-r County,Florida. c, \— Subject to easements,restricti•ns a d reservation. m.,on tote subdiv Sion nd as otherwise of record. TOGETHER with all the tenements, •ere a. ants nd ap ur .a.1 s t. :elo gin or in anywise appertaining. . . TO HAVE AND TO HOLD,the sam r e .,. e ��y The terms"Grantor"and"Grantee"are u- . ,,. singular or plural,as c.:. F-re.ui include all the parties to this instrument and their respective heirs,administrator,e F �,successors and assigns.' .if ee 's made by a dissolved Florida corporation for the purpose of winding up its affairs an• l(agit ate remaining corpo+r SSe . IN WITNESS WHEREOF,Grantor has signed a Y ie (r he ts..the day and year first above written. t. Signed,Sealed and Delivered as to Each Grantor in the Presence of: 41 WIL IAt L.KLOHN,President Pstnted".ryycd"m, -6 e.-‘1ilGj-vr_-J'1<, Nature Pointe of Naples,Inc.,a Dissolved Florida Corporation ' �. STATE OF FLORIDA COUNTY OF COLLIER 1 � The foregoing instrument was acknowledged before me this f /day of September,2011,WILLIAM L.KLOHN,the P resident of Nature Pointe of Naples,Inc.,who(choose one)( k)_is/arg ersonally known to me or( ) provided _ for identification and did not take an oath. c (SEAL) NOTARY PUBLIC p l i41, DENISEIARSON �:. . ; Notary Name: �3elUSe arsot ..r MY COMMISSIONADD96:u:t• :s (Type or Print) W.-�1-:O EXPIRES:May 3,2014 it it My Commission Expires: Ri,,T Bonded ih u Notary Public Undenvn _IT ._ Pt _/dtt/361/tg/I- CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. NATURE POINTE HOMEOWNERS ASSOCIATION INC Inv. DAVID JONES Department Case No. CEVR20140016015 I FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $12.75 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording(First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Finding of Fact: $63.75 I IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black&White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $0.00 Mail 0 $8.00 $0.00 International Mail RRR 0 $21.05 $0.00 Total $0.00 County Staff Hours Per Hour Clerk of Board Fees 0 $65.00 Total $0.00 Pages Per Page Document Recording (First Page) 0 $10.00 $0.00 Document Recording (Adds Pages) 0 $8.50 $0.00 Total $0.00 Total Operational Costs for Imposition of Fines: $0.00 TOTAL OPERATIONAL COSTS: $63.75 oogroa v,/) 3 I COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CENA20140017179 Board of County Commissioners, Collier County, Florida Vs. Margarita Vazquez Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-185 (a) and (d) Michaelle Crowley, Code Enforcement Official Department Case No. CENA20140017179 DESCRIPTION OF VIOLATION: Prohibited Exotic Vegetation, including, but not limited to, Brazilian Pepper, located on unimproved residentially-zoned lot within 200 foot radius of improved, residential property, and the accumulation of weeds, grass, or other similar non-protected overgrowth in excess of 18 inches in height. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ G5. 0( incurred in the prosecution of this case within 30 days and abate all violations within days by: 1. Remove all Collier County prohibited Exotic vegetation that exists within a 200- foot radius of any abutting, improved property. When prohibited Exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with a U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Mow grass, weeds and other non-protected vegetation to below 8 inches in height. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/1 6/1 1 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY -"BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CENA20140017179 MARGARITA VAZQUEZ.,Respondent STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s):Collier County Code of Laws and Ordinances,Chapter 54,Article VI, Section 54-185 (a)and(d). 2. Description of Violation: Prohibited Exotic Vegetation,including,but not limited to,Brazilian Pepper,located on unimproved residentially-zoned lot within 200 foot radius of improved, residential property,and the accumulation of weeds,grass, or other similar non-protected overgrowth in excess of 18 inches in height. 3. Location/address where violation exists: 7594 Cordoba Circle, Naples FL 34109, Folio # 80445013203. 4. Name and address of owner/person in charge of violation location: Margarita Vazquez,4527 E. Alhambra Circle,Naples FL 34103. 5. Date violation first observed: September 5,2014. 6. Date owner/person in charge given Notice of Violation: Notice of Violation was posted on site and at Courthouse on September 5,2014. Certified Mail was sent on September 5,2014,with envelope returned Unclaimed. 7. Date on/by which violation to be corrected:October 2,2014. 8. Date of re-inspection: October 7,2014. 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 9th day of October, 2014 NjAk_z__ � v Michaelle Crowley Code Enforcement Investigator STATE OF FLORIDA POLO.DAY COUNTY OF COLLIER �,av Pu °�A' MY COMMISSION t FF 048477 Swo o(or affirmed)and .bscr,1be• before this 9th day of October ,2014 by \oe* EXPIRES:Budget Augu_o_2yServ1ces _or co(Signature of Notary Public) / (Print/Type/Stamp Commissioned Name of Notary Public) Personally known x or produced identification REV 12-30-13 Case Number: CENA20140017179 Date:September 05,2014 Investigator: Michaelle Crowley Phone:239-252-2972 'COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:VAZQUEZ, MARGARITA, 4527 E ALHAMBRA CIR, NAPLES FL 34103 Location: 7594 Cordoba CIR, Unincorporated Collier County. Zoning Dist: PUD Property Legal Description:VILLAGES OF MONTEREY AT WOODBRIDGE, UNIT ONE LOT 47 OR 1418 PG 997. Folio: 80445013203 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) Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws and Ordinances Chapter 54,Article VI, Section 54-185(a). 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.: a. The accumulation of weeds, grass, or other similar non-protected overgrowth in excess of 18 inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, and which lot has been specifically described by legal description and which condition has been determined by the county administrator or his designee to be a public nuisance pursuant to this article. Such mowable lot is, or may reasonably be expected to become, infested or inhabited by non-protected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Prohibited Exotic Vegetation, including but not limited to, Brazilian Pepper, located on unimproved, Residentially-zoned lot,within 200 foot radius of improved, residential property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must mow or cause to remove any and all exotics in excess of 18 inches on any unimproved property where the exotics are located within a 200 foot radius of any improved property located in a recorded or unrecorded subdivision. Mowing must be within a 200 foot radius of any abutting, improved property. Where the Exotic vegetation plant is removed, but the base of the plant remains,the stump shatll be treated with an EPA-approved herbicide with a visible tracer dye. 2. Must mow or cause to mow any and all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches on any mowable lot. A mowable lot is defined as: a)Any portion, piece, division,or parcel of land in any recorded or unrecorded subdivision of this county, of which 50 percent or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment,without damage to the lot or equipment. For purposes of lot; or determining lot portion improved o ,property,nwhich can be mowed with bushhog type, or smaller, mowing the mowable lot; or b)Any p mowing equipment without damage to the lot or equipment. ON OR BEFORE: 10/02/2014 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 - ��Z� 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient 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: CENA20140017179 Respondent(s): Mailed NOV cert/reg 7013 1710 0002 3381 6584 ` El�� asfal Service,- CENA20140017179 NOV MC#87 °rt. VAZQUEZ, MARGARITA R 1FIED NfAILT, RECEIPT 4527 E ALHAMBRA CIR fDamesticMailOng :No Insurance-Coverage Provided) -C NAPLES, FL 34103 Fordehvery°ioformatignit sitourwebsiteatwuµuifus scorn t THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] ii, Postage $ - m X Notice of Violation Certified Fee ru rzi Return Receipt Postmark —Notice of Hearing O (Endorsement Requi ed) Here Notice of Hearing/Imposition of Fines Restricted Delivery Fee (Endorsement Required) Citation a — tti Notice to Appear CENA2O14OO17179 NOV MC #87 m —Code Enforcement Board Evidence Packet o VAZQUEZ, MARGARITA Other: N 4527 E ALHAMBRA CIR NAPLES, FL 34103 I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 4527 E ALHAMBRA CIR NAPLES, FL 34103, on — _9/8/14_(Date), at_10:53am_(Time). 1 � (Signature of Code Enforce nt(Dfficial) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_8th_day of_September_, 2014 by Neil Day(Name of person making statement) (Signature of Notary Public) ,`cl KIMYAI'iD MY COMMISSION BERLBR f FF 04ES8468 .;u; EXPIRES:September 17,2017 �r ^` Bonded Tin Budget Notary Services ,.d (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced ., . N,------... co•-• cp 9 \--. . = - cn CD . ..,4 i. CD CD Cp - .,,i 0 CA CD 6 (D C CT • a (D C c): 5' eq c- Pa n -. 4., (--- c=2 - r- t,•,A , Z -N, < 0 Ni 4,%,;',10--1 • • -0 --,J Z ,...•••_:, I— • . C Do* MII_ ED ICK) --d -.,.., .............. I— N t w . o E-, ------... et.■ ....... h. ismommilignm ! -iLj CO X -. 1 r.. 1111•1■.... 11M NNW 1 ,..... ....A ED . 1 Li.) .....4 lain •■■■•■ .... ! mon ' (}) X Z I=1 mI■11.■,... .. ... 1.1011 ••••■■••■■• iplA ww■ , El. momEMMII■IM r.......... u..1 usgmccomme= -% u_.1 0 0:1 s■.•■:.■.. lg.1 MIIIII:::: .....mww., a- • u-i ■■•■■•■•.■.■ :24:24.1 • 0=1 mowasseemsgmena , .,',' . • Ik .., .1,7:7 . m. = t.,-_, ,.1.k.--' , , ..... :.,-.11i es- -, • • • c:,_ 4k---ii..- ,--,, ,---;=. — •,. • ---1 ... r:..• : I ......, .R,... ,., Z--;" F) -1 ..,..„, t-z ,',. 1 . !.;: •0..--_,...Ai.. ,......,772.4.,:„.....; 1:0 :.1;..:4 1 4 - 4 4,1 .1 I 4 ,1/2,,, • 4■16 Cli ' Wil,i‘ Li•, . ' 1........t @ _ .i.' , -. ,'• . . C. ':.....', • n \../ N ... ..2— —_. • , , ‘ i .. • ,..-, .. ... ,,---.--- e . AFFIDAVIT OF POSTING Code Case Number: CENA20140017179 Respondent(s): VAZQUEZ, MARGARITA 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 Michaelle Crowley, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 7594 Cordoba CIR , on_September 5, 2014 (Date), at_1:20 pm_ (Time), and at the_Collier County Courthouse at 10:11 am. LIN (Signature of Code Enforcement Official) Michaelle Crowley STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_8th_day of_September ,2014 by Michaelle Crowley(Name of person making statement) C , (Signature of N taaryy Public) NEIL ,DAY ' • MY COMMIS ON It FF 048477 * �^? ,, sggr.,,! EXPIRES:August 26,2017 %/zofFvoq Bonded'Wu Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) X_Personally known Produced identification Type of identification produced Sec. 54-185. -Declaration of public nuisance. (a) The accumulation of weeds, grass or other similar nonprotected overgrowth in excess of eighteen (18) inches in height is hereby prohibited and declared to be a public nuisance when located upon any Mowable Lot, and which lot has been specifically described by legal description and which condition has been determined by the County Manager or his designee, to be a public nuisance pursuant to this Ordinance. Such Mowable Lot is, or may reasonably be expected to become, infested or inhabited by nonprotected rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threaten or endanger the public health, safety or welfare, or may reasonably be expected to cause disease, or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property. (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. (Ord. No. 2005-44, §11;Ord. No. 09-08; § 11) 3503451 Off; 3Si4PGr 0102 RICOIDID in OFFICIAL WORDS of COLLII! COMM, FL Prepared by and Return to: 11/05/2004 at 11:411U1 DIIGIR I. HOCI, MU Timothy D. Toole IIC SHI 322500.10 Naples Title,Inc. DOC-.i0 2251.50 4851 N.Tamiami Trail,Suite 202 lets: Naples,FL 34103 I1 MS t1MLI NT-200410-76 PICK UP Property Identification Number: 80445013203 WARRANTY DEED This Indenture, Made this 3rd day of November, 2004, between Kelly Fryer and Christopher E. Fryer, Husband and Wife whose address is 2092 Isla Da Palma,Naple,Florida 34119,hereinafter called the grantor, to Margarita Vazquez, whose post office address is 4527 East Alhambra Circle, Naples, Florida 34103, hereinafter called the grantee: //- COetj (Whenever used herein the terms "grantor" ' tee" includ�t arties to this instrument and the heirs, legal representatives and assigns of ind}v ,and the successors a asst ees of corporations.) _ WITNESSETH: That the grantor, or d iff'cde • 'on o t e sum f$ 0.00 and other good and valuable consideration, receipt whereof is h-reb --,4.16,: I A` , gains, sells, aliens, remises, releases, conveys and confirms unto the gran ee, 1 at f in sa i li r C unty, State of Florida,viz: EE Lot(s) 47, VILLAGES OF MO 1-� ,' A D `+',+..GE r T , according to the plat thereof, . recorded in Plat Book 15,Page(s) I ugh 15,of the Pub Regorrd , oilier County,Florida. 1 TOGETHER with all the tenemen $e -ditaments and appu elan s thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in fee simpie-tiof the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;and that said land is free of all encumbrances, except taxes accruing subsequent to 2003, and covenants, conditions, restrictions and easements recorded in the public records. I *** OR: 367-4-PG -01-03 *** IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signe�se.led and delivered in our presence: Si'' r*'o ' irst `r itn'ss Kel y Fryer I / Pri •J ame of First Witness Ch Artopher 'ryer AO JV,1 Signs :• of*. off!'itness L. MY KLEIN Printea Nam of Second Witness STATE OF Florida 1 COUNTY OF Collier i THE FOREGOINE.instrument y who was rsd w• • f i is^ 3 y o November,2004,by Kelly Fryer and Christopher Fryer, • 34 6 G I �-1 E 1 ,:- i•-nti } t'1• a •s y ho id not take an oath. ILI 17/ �- .. No f i ' I a 0 I My ommission Expires: - ((SEAL)) Margarita Vazquez Deed—Page 2 ' •' ,: MORTENSEN - 'E 4MSSION=DD 03660 2- RES June 25 2005 I -- I CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. MARGARITA VAZQUEZ Inv. MICHAELLE CROWLEY Department Case No. CENA20140017179 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 9 12 $ 0.04 $3.78 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.01 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: $65.01 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $65.01 Ai, 40gC) IC( COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20140012087 Board of County Commissioners, Collier County, Florida Vs. Ramiro E & Martha R Llerena Violation of Ordinance/Section(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) James Kincaid, Code Enforcement Official Department Case No. CESD20140012087 DESCRIPTION OF VIOLATION: Alterations to commercial property without applicable Collier County permit(s) (installation of kitchen area with new plumbing and electric) 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: (04, � Z 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 r t r�:{ I Co GROWTH MANAGEMENT DIVISION FIRE DEPARTMENT REPORTING FORM Please check the Fire Department that applies: C ) North Naples FD ast Naples FD ( )Golden Gate FD ( ) Big Corkscrew FD ( )lmmokalee FD ( )isle of Capri FD ( ) Ochopee FD Please check who report is directed to: ( )Building Department ) Contractor Licensing Fj Gode Enforcement Date of report 1400 Person making report: 107, Phone number of person maki Re r b ; ""�.li_ Date violation observed: de 1 t Address of violation: L a► ,r gijIEL + A 1111 Are there Fire Code violations on this property: ( )YES ( ) NO If YES please attach copies of all documents,notices of violation, red tags,citations,etc. Please des ' - co plai t: R'� . !t- ik ilk or ib • ej Fax completed form to Department directed to: Building Department: 239-252-2334 Contractor Licensing: 239-252-2469 Code Enforcement: 239-252-2343 REVISED P01011 7/x1412 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140012087 Ramiro E&Martha R Llerena,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-04, 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): Building and Land Alteration Permits.(Permits,Inspections,Certificate of Occupancy Required)Collier County Land Development Code 04-41,as amended,Section I0.02.06(B)(1)(a) 2. Description of Violation: Alterations to commercial property without applicable Collier County permit(s)(installation of kitchen area with new plumbing and electric) 3. Location/address where violation exists: 11263 Tamiami Trail E,Unit D Naples,Fl 34113 Folio:62090200007 4. Name and address of owner/person in charge of violation location: Ramiro E&Martha R Llerena 115 Price Street Naples,Fl 34113 5. Date violation first observed:June 19,2014 6. Date owner/person in charge given Notice of Violation: June 24,2014 7. Date on/by which violation to be corrected: July 23,2014 8. Date of re-inspection: October 8,2014 9. Results of Re-inspection: Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Special Magistrate for a public hearing. Dated this 8th day of October,2014 ames Kinca. ode Enforcement Investigator STATE OF FLORIDA ratPa;P�Be,c iERESAT00LEY COUNTY OF COLLIER 'e 1- * MY COMMISSION#FF 059279 OG� * � EXPIRES:November 7:2017 Sworn to(or affirmed)and subscribed before this(?day of ,2014 by q�eorv, ,�= Bonded Thru Budget Notary Services (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 12-30-13 Case Number: CESD20140012087 Date:June 23,2014 Investigator: James Kincaid Phone: 2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LLERENA, RAMIRO E &MARTHA R 115 PRICE ST NAPLES, FL 34113 Location: 11263 Tamiami TRL E, Unit:D Unincorporated Collier County Zoning Dist: C-4 Property Legal Description: NAPLES MANOR ADD BLK 1 LOTS 7&8 Folio:62090200007 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: Alterations to commercial property without applicable Collier County permit(s) (installation of kitchen area with new plumbing and electric) ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1) Must apply for and obtain all applicable permits and inspection through and including a certificate of occupancy/completion required for structure/improvements. OR 2) Must apply for and obtain all applicable permits and inspections through and including a certificate of occupancy/completion necessary to remove structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: July 23, 2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to$500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Si•nature Phone: 239 252-2440 FAX: 239 252-2343 James Kinc-id Signature and Title of Recipient — AFFIDAVIT OF MAILING Code Case Number: CESD20140012087 Respondent(s): LLERENA, RAMIRO E &MARTHA R THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] X Notice of Violation I"IIIrIIIII IIIrIIIIIIInrullll rl1lllllnlllllllrlllrrlllll1Ini —Notice of Hearing CASE• CESD2014O01?O8Z Notice of Hearing/Imposition of Fines Ramiro & Martha LLerena Citation 115 Price St Naples, FL 34113 _Notice to Appear Code Enforcement Board Evidence Packet Other: I Indira Rajah, Code Enforcement Official, hereby swear and affirm that 115 PRICE ST NAPLES,fFLthe 341i13-on 6/23 /2014 above, has been sent First Class U.S.Mail to the above respondent (Date), at 8'53 AM (Time). _ r Gbh (Signature of Code Enf ement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 23rd day of June,2014 by Indira Rajah(Name of person making statement) / 1 A'VI C. - IV (Signature of Notary ublic) 4Y-P,17/0 NEIL rr )AY * ,„ * MY COMMISSION#FF 048477•Ti • EXPIRES:August 26,2017 �j1iA.,,,,o0.\oe Bonded Thru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) • X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20140012087 Respondent(s): LLERENA, RAMIRO E & MARTHA R 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 James Kincaid, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 11263 Tamiami TRL E, Unit:D , on June 24,2014(Date), at 2:25 PM (Time), and at the_X_Collier County Courthouse_Immokalee Courthouse. — III .0 cam 0•nature of Code forcement Official) es Kincaid STATE OF FLORIDA COUNTY OF COLLIER Swor to(or affirmed)ands bscribed before me this ZS/ ' day of Jb to , 2014 by James Kincaid(Name of person m4cing statement) 9,1/1 2IJ(Signature of Notary Public)J 20t4R..e.e,� INDIRARMAH • * `�c * MY COMMISSION#EE 126592 , lo , EXPIRES:December 7,2015 `''1,of«oe Bonded lhru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced APPLICABLE ORDINANCES Collier County Land Development Code 04-41 as amended Building or Land Alteration Permits 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. *** 2932928 OR: 2981 PG: 2729 *** RICOIDID-is-OUICIAL—IICOIDS-of—COLL111-CO01TT,—tIr 02114/2002 at 09:54A1 D$IGKT I, BBOCI, CIdU COTS 170000.00 TY a a Demst Prepared By mad Retire to: COB I 0.00 RIC Donald K. Roam, Jr., Seq. DOC-tt II 5810.00 Richman, Deifik, Lanier i Ross, P11 2640 Golden Gate Parkway, suite 206 letll. Naples, Florida 34105 IICBIAI DIIMIE If AL 2640 GOLDII WTI P331 1206 Pm"'ID Number! 62090200007 1APLIS IL 74105 Grantee 01 TIN: Grantee 02 TIN: Warranty Deed This Indenture, Made this 9th day of February , 2002 At'., Between Pater Nerve and Joanne Nerve, husband and wife of the County of Collier , State of Florida ,grantors, and Ramiro E. Lleresna and_Martha R. Llerana, husband and wife wboe address is: 130 8th Steet SE, Naples, FL 34117 of the County or Collier Sate of Florida ,grantees. Witnesseth that the GRANTORS,for and in consideration of the sum of 'TIN DOLLARS ($10) DOLLARS. and outer good and valuable consideration to GRANTORS in hand paid by GRAKIVES,the receipt whereof is hereby acknowledged,have granted,bargained and sold to the said GRANTEES and GRANTEES' heirs,successors and assigns forever,the following described lard,situate. lying and being in the County of Collier Sate of Florida to wet Lots 7 and 8, Block 1, NAPLES MINOR ADDITION, according to the plat thereof recorded in Plat Booy3----Pa• a 67 and 68, in the Public Records of Collier County k d OL.7r Subject to restrictiofk , servations ssnts of record, if any, and taxes subs • e C comber 31, 2091. ■ ...)1(7/1(:(:;) t u i? .,...„,....yr ',:i e.— :////, , r c\\\N,,.,, .IIE CI9-. and the grantors do hereby fully warrant the tide to said land,and will defend the same against lawful claims of all persons whomsoever le Witness Whereof,Me granion have hereunto set their hands and seals the y y first above written led ` Printed Nano: t.oske D,Emssert Peter Nervo P.O.Address:2153 Saw*Orly vies.Ft 34102 Witness �1 U � (Seal) lrinte )/farce: ,4/ J. ! ;; Jo Nerve: Witness / P.O.A c 2153 Sneak Drive,Napier,FL 34152 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 9th day of February 92002 by Peter Nervo and Joanne Nerve, husband and wife who are personally known to me or who have produced their Florida i r s i O♦n•af identification. 4 &.,nritelit--- i",• Louise D. Emmert Pri Name: Louise D.Esnmeat Commission Feb.s19004 Notary Public s' •= Y.spires . 1.2001 3y Bonded Tiara My Commission Expires: - v�,Atlantic Bending Co.,Ins. 20737 i. wce.e,nr►r0Di.wS»•lac•=001 (1163)71,3-7735 Fan FLwai �k4 s £ \im(' Gr] # ,,,‘; 1 , „.c.,.,:„,,,,,..„,.._ 0 °� Cr] Czt ✓) 0/ l -.........,.�, 0 t,4', . ' . 4, Q .„., . ,.,. . ,..... , a w R f — - k , iii 0 3 ��. � . - AO r s ill- ' - - - •.- 4 ' ,_ dpi' S' wM Lgt i ' . ' il.' _ iiit .... liR --. _ 4 o to ' - - 1 _ ... . � � e _ ;� ,, ` t . MI ' r 1 z _ ....,,,,.,..L.,_ se ,,,. I; t s '"lil t'. ..e, D dd 1 I;Imo' , ` 1 it C73 41 czn y 1 z 1 i p CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. RAMIRO E. & MARTHA R. LLERENA Inv. JAMES KINCAID Department Case No. CESD20140012087 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 7 12 $ 0.04 $2.94 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $13.17 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: $64.17 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $64.17 - C_1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20140015264 Board of County Commissioners, Collier County, Florida Vs. Kathleen Sorbara Violation of Ordinance/Section(s) Collier County Code of Laws and Ordinances, Chapter 90 Natural Resources, Article II Water Resources Management, Division 2 Permits, Section 90-41 f(8) Dee Pulse, Code Enforcement Official Department Case No. CESD20140015264 DESCRIPTION OF VIOLATION: Observed drainage overflow pipe which directly drains to other land owners property. Observed impervious foundation on entire rear yard. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must be in compliance with all Collier County Codes and Ordinances and it shall be the responsibility of the owners of such water source lot to eliminate the flow of such additional surface water so it does not drain onto land owned by another landowner. The improvement must be inspected and approved by Collier County Engineer within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140015264 Kathleen Sorbara,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 90 Natural Resources,Article II Water Resources Management,Division 2 Permits,Section 90-41 f(8) 2. Description of Violation: Observed drainage overflow pipe which directly drains to other land owners property. Observed impervious foundation on entire rear yard. 3. Location/address where violation exists: 55 Burning Tree DR.Naples,FL 34105 Folio: 24022040008 4. Name and address of owner/person in charge of violation location: Kathleen Sorbara, 55 Burning Tree DR.Naples,FL 34105 Folio:24022040008 5. Date violation first observed:August 5,2014 6. Date owner/person in charge given Notice of Violation:August 14,2014 7. Date on/by which violation to be corrected: September 14,2014 8. Date of re-inspection: October 7,2014 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 , =•• i - earing. Dated this 9 day of 6010 6e✓ , 2014. ant It •ee Pulse Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Oder Sworn to(or affirmed)and subscribed before thisday of ,2014 by Dee Pulse. aard6k 4cte2_,L5, (Signature of Notary Public)U (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification .PRY P�@ 7ERESATOOLEY Type of identification produced 2� :-!'•e` A. MY COMMISSION#FF 069279 • ,.�* EXPIRES.November 7,2017 4TFOF FFl.OQ\oe Bonded Thru Budget Notary Services REV 1-2-13 Case Number: CESD20140015264 Date:August 14,2014 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SORBARA, KATHLEEN 55 BURNING TREE DR NAPLES, FL 34105 Location: 55 Burning Tree DR Zoning Dist: RSF-3 Property Legal Description: BIG CYPRESS GOLF+COUNTRY CLUB EST BLK II LOT 29 Folio: 24022040008 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: Collier County Code of Laws and Ordinances, Chapter 90 Natural Resources,Article II Water Resources Management, Division 2 Permits, Section 90-41 f(8) (8) Raising elevation of single family residence lot subsequent to construction of the residence. Subsequent to the construction of a single-family residence on the respective lot(parcel of land), it shall be a violation of this article to cause "additional surface water"to run onto any real property owned by another landowner by filling, grading or otherwise raising the elevation of the respective water source single family residence lot. This provision shall not apply to the extent that such filling, grading or other land elevating acts occur concurrently with the initial construction of the single-family residence. This provision shall not apply to the extent that such filling, grading or other land elevating acts are mandated by statute, ordinance, rule or regulation. In the context of this provision"additional surface water"shall be limited to surface water that exceeds the historic surface water flows from the respective single-family residence lot. If the historic surface water flows are exceeded because of such filling, grading or other actions, it shall be the responsibility of the owners of such water source lot to eliminate the flow of such additional surface water by construction of a depression, such as a swale, or by other appropriate measures. If such grading, filling or other lot elevating actions come to the attention of staff prior to their completion, staff may issue a stop work order if staff reasonably believes that such filling, grading, or other lot elevating acts are likely to cause a violation of this provision, in which event the landowner of the water source lot shall either provide evidence that completion of the planned elevation of the lot will not cause a violation of this provision, or shall be required to modify the planned lot elevating activities to eliminate the anticipated flow of additional surface water, by construction of a depression, such as a swale, or by some other appropriate measures. If the elevation of the lot is raised by such filling, grading or other lot elevating actions and it is proven that thereafter additional surface water flows off of the lot onto land owned by another landowner, it shall be a rebuttable presumption that such additional surface water run-off was caused by that elevation of the water source single-family residence lot.Anyone who claims to be"grandfathered"against application of this provision (by alleging that the respective grading, filling, or other lot elevating actions were completed prior to the effective date of this provision) shall have the burden of proving the allegation. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Observed drainage overflow pipe which directly drains to other land owners property.Observed impervious foundation on entire rear yard. 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 it shall be the responsibility of the owners of such water source lot to eliminate the flow of such additional surface water so it does not drain onto land owned by another landowner. The improvment must be inspected and approved by Collier County Engineer. ON OR BEFORE: September 14, 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 : : INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signa ur— Phone: 239 252-2440 FAX: 239 252-2343 Delicia Pulse 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:CESD20140015264 Respondent(s): Mailed NOV cert I reg 7012 3460 0001 7026 9798 CESD20140015264 NOV DP#55 SORBARA, KATHLEEN 55 BURNING TREE DR NAPLES,FL 34105 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing _Notice of Hearing/Imposition of Fines Citation `Notice to Appear Code Enforcement Board Evidence Packet Other: I Neil Day,Code Enforcement Official,hereby swear and affirm that a true and correct copy of the notice referenced above,has been sent First Class U.S.Mail to the above respondent at 55 BURNING TREE DR NAPLES, FL 34105, on 8/14114_(Date),at_4:53pm_(Time). I 414 (Signature of Code Enforcement fficial) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 14th_day of_August ;2014 by Neil Day(Name of person making stateme t) t' 712 du (Signature of Notary Public) `.. Its iIRARAJAH * MY COMMISSION t EE 125592 , EXP!RES:December 7,2015 R'ao:,„..e Bonded Thra Bod,set Notary Services (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING Code Case Number: CESD20140015264 Respondent(s): SORBARA, KATHLEEN THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Delicia Pulse, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 55 Burning Tree DR ,on August 14,2014(Date),at approx 1:48pm(Time), and at the X Collier C. =.z-„.-,:,.+.ri• Immokalee Courthouse. 441.101° (Si•A`urre 0 ode Enforcement Official) Delicia Pulse STATE OF FLORIDA COUNTY OF COLLIER Sworn t �ffirmed)an subscribed f re me this 1 day of ��t i b 2014 by Delicia Pulse(Name of person making statement) c (Signature of Not P c k, IL C.DAY 'fir„-= * tY ISSION#€F 048477 EXPIRES:August 26,2017 .°41.or” Bon:WitteBudpetNetiryServices (Print,type or stamp Commissioned Name of Notary Public) * ,Personally known Produced identification Type of identification produced Ordinance/Code: Collier County Code of Laws and Ordinances, Chapter 90 Natural Resources, Article II Water Resources Management, Division 2 Permits, Section 90-41 f(8) (8) Raising elevation of single family residence lot subsequent to construction of the residence. Subsequent to the construction of a single-family residence on the respective lot (parcel of land), it shall be a violation of this article to cause "additional surface water" to run onto any real property owned by another landowner by filling, grading or otherwise raising the elevation of the respective water source single family residence lot. This provision shall not apply to the extent that such filling, grading or other land elevating acts occur concurrently with the initial construction of the single-family residence. This provision shall not apply to the extent that such filling, grading or other land elevating acts are mandated by statute, ordinance, rule or regulation. In the context of this provision "additional surface water" shall be limited to surface water that exceeds the historic surface water flows from the respective single-family residence lot. If the historic surface water flows are exceeded because of such filling, grading or other actions, it shall be the responsibility of the owners of such water source lot to eliminate the flow of such additional surface water by construction of a depression, such as a swale, or by other appropriate measures. If such grading, filling or other lot elevating actions come to the attention of staff prior to their completion, staff may issue a stop work order if staff reasonably believes that such filling, grading, or other lot elevating acts are likely to cause a violation of this provision, in which event the landowner of the water source lot shall either provide evidence that completion of the planned elevation of the lot will not cause a violation of this provision, or shall be required to modify the planned lot elevating activities to eliminate the anticipated flow of additional surface water, by construction of a depression, such as a swale, or by some other appropriate measures. If the elevation of the lot is raised by such filling, grading or other lot elevating actions and it is proven that thereafter additional surface water flows off of the lot onto land owned by another landowner, it shall be a rebuttable presumption that such additional surface water run-off was caused by that elevation of the water source single-family residence lot. Anyone who claims to be "grandfathered" against application of this provision (by alleging that the respective grading, filling, or other lot elevating actions were completed prior to the effective date of this provision) shall have the burden of proving the allegation. WARRANTY DEED *** 3083271 OR' 3159 PG' 0916 t>tt _llYDD'1D[O�ND(YID WORDS 0!PICIAL ORDS of COLLIIR COUNTY. !L Return to:(enclosed self-addressed stamped envelope) WORM Name: Action Title Services I1/2I12002 at 03:10PM DWIGHT I. 380C1, CLIRI Address: 3733 Tamitmi Trail North CONS 200000.00 Naples,FL 34103 RIC !II 6.D0 This Instrument Prepared by: WENDY LANG Address: 3733 Tamiami Trail North 30C...70 1400.00 Naples,FL 34103 Rett: Property Appraisers Parcel Identification(Folio)Number(s): ACTION TITLI CO 24022040008 PIC1 II! File No.: 202090064 SPACE ABOVE THIS LINE FOR RECORDING DATA This Warranty Deed Made the 15th day of November A.D. 2002 by SHARON A. WORLEY, A SINGLE WOMAN whose post office address is 1283 CYPRESS WOODS DR.,NAPLES, FL 34108 hereinafter called the grantor,to KATHLEEN SORBARA,A MARRIED WOMAN whose post office address is 1265 POMPEI LANE, NAPLES,FL 34103 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 510.00 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 29, BLOCK II, BIG CYPRESS GOLF AND COUNTRY CLUB ESTATES, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGE(S) 103, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Subject To covenants, conditions, restrictions, reservations, limitations, easements and agreements of record, if any taxes and assessments for the year 2003 and subsequent years;and to al le zon ordinances and/or restrictions and prohibitions imposed by governmental authorities,if any, ////(( �� 111, CO C Together, with all the tenements,heredit7 t in rteltaneest ,�¢ n mg or in anywise appertaining. To Have and to Hold, the same in fee sirpplef er. '� � And the grantor hereby covenants wit}('said irarteithaTthe for i awfully ized'if said land in fee simple;that the grantor has good right and lawful authority to sell and//cony y saidttie d by warn rtts the ti a to •td land and will defend the same against the lawful claims of all persons. /// ,--�,, '' t. In Witness Whereof, the said grant has r an sci thud p s Le• ye first above written. igned,sealed and deliverodynthe se oe tI �`'/ 1 — )f i tgnalltu cee Si (S r' ' RON A.WORLEY IIJ Printed Name: — e W' ess Signature T Signature P rated_ gme•' L€ nuDlFv F4 Witness Signature Signature Printed Name: Witness Signature Signature Printed Name: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 15th day of November, 2002 by SHARON A. WORLEY,A SINGLE WOMAN who is/are personally known to me or who has/have produced DRIVERS LICENSE as identification and who DID NOT take an oath. Notary Public,State and County Aforesaid (lc tgnaturT, SEAL WENDY A.LANG I Printed Notary Signature My Commission Expires: November 19,2002 A,M• We MY COMMI$ n�A long ' :�` DD0R08Q EXPIRES . .ONttr uoOv9,2006,4.,�w CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. KATHLEEN SORBARA Inv. DELICIA PULSE Department Case No. CESD20140015264 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 7 12 $ 0.04 $2.94 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $13.17 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: $64.17 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 0 0.025 $0.00 Color 0 0 0.035 $0.00 Three-Hole Punch $1.81 $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: $64.17 rQ -T-i 440(4) I COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20140009627 Hearing Date: 10/23/14 Board of County Commissioners vs. David & Zenaida Falato Violation(s): Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction in Right-of-Way, Section 110-31(a). Location: 130 2nd St,Naples, FL; Folio 77210960002 Description: Unpermitted and damaged culvert. Past Order(s): On August 28, 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 5078 PAGE 3540, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between September 28, 2014 to October 23, 2014 (26 days) for a total fine amount of$ 3,900.00 Fines continue to accrue. Previously assessed operational costs of$63.57 have not been paid. Operational Costs for today's hearing: $66.27 Total Amount to date: $4,029.84 440a •TO1 000 I Sept 18, 2014 To: Code Enforcement Board Re: Case CEROW201400096287 We, the Falato's (property owner) of 130 2nd St., Naples FL. 34113 would like to request for rehearing on case number CEROW20140009627 because the decision was contrary to the evidence. Also we were not able to attend the hearing held August 28, 2014 due to a trip to California (itinerary of flight is attached). At the same time we would like to request for extension of the ordered compliance date until after the rehearing. Your consideration would be greatly appreciated, Zenaida and David Falato 130 2nd St. Naples, Fl 34113 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEROW20140009627 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FALATO,DAVID&ZENAIDA,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 August 28, 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 by obtaining all required Collier County right of way pennit(s), and certificate of completion and restoring right of way to permitted condition on or before September 27, 2014or a fine of$150.00 per day will be imposed for each day the violation remains thereafter and pay operational costs of$63.57 in 30 days as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5078 PG 3540 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 29,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:violation remain FURTHER AFFIANT SAYETH NOT. DATED this 6th day of October,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD /(CA Michael Clark Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this day ofQC b e V—,2014 by Michael Clark (Signature of Notary Public) 40,T.-P.°s</,‘ TERESATOOLEY Waif, MY COMMISSION tt FF 069279 (Print/Type/Stamp Commissioned Name of Notary Public) sr ' EXPIRES:November 7.2017 9.0 Bended Tin Budget Blowy Service, Personally known INSTR 5032855 OR 5078 PG 3540 RECORDED 9/23/2014 4:06 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.:CEROW20140009627 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. DAVID AND ZENAIDA FALATO, Respondents / (. o ;\\ ORDER OF": IE`-vrir NFORt gNT BOARD 1/{.- /'- { ' - 'f�\ THIS CAUSE came on for ub e hearing before the Code Enforcement Board on August 28,2014, and the Code Enforcement Board, hay' h arm'mony-under-Et , receid edence, and heard respective to all appropriate matters,thereupon iss es it, Findings o Eae onclustons of Law, d Order of the Board,as follows: ...— / fitrko G21) 1-7\/ ) I. Respondents,David and �rt1a to\,.._' 1I owneglofthe'su.j Jiltpperty. l 2. Respondents were notified'', ` date of hearing by cett`a,1'd . a}l n'd y posting and the Code Enforcement Board has juris i io'n of this matter. �/L.,. 3. Respondents,having been duly not d of ire �t'f"h�e p blic hearing. E 4. The real property located at 130 2nd Stree s*Naples;-Floc 34113,Folio 77210960002,more particularly described as Lot 21,Block 2,Trail Acres,as per plat thereof,recorded in Plat Book 3,Page 50 of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances, Chapter 110,Roads and Bridges,Article II,Construction in Right-of-Way,Section 110-3I(a)in the following particulars: Unpermitted and damaged culvert. 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 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: A. Respondents are found guilty of Collier County Code of Laws and Ordinances,Chapter 110,Roads and Bridges,Article II,Construction in Right-of-Way,Section 110-31(a). B. Respondents must abate the violation by obtaining all required Collier County Right of Way Permit(s), inspections,and Certificate of Completion and restoring right of way to permitted condition on or before OR 5078 PG 3541 September 27,2014 or a fine of$150.00 per day will be imposed for each day the violation remains thereafter. C. If 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 Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$63.57 on or before September 27,2014. E. 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 \ - day of c ,2014 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLOR .� 1 :1,.., .;., ' I/. �1 Geiil - -. r •ice Chi'70%)3'- ) 2800 North a. s oe Dri e Naples,Florid. 41 STATE OF FLORIDA ) )5S: 1 71----' , _ ,f COUNTY OF COLLIER) t �`� r''�'� 7 f\ ,� The fore 'ng instrument was ac? ed.,gr! r r,tie thi vi da f , 2014, Gerald Lefebvre,Vice C fir fthe Code nrcement,:oar Collielbounty,Florida,who is V personally known to me o r who h. .roduced a •.a riverZ,Wicense as identification. ! b. 2)1.(" ...JA•.':%i% KAREN G BAILEY t is • •Y PUBLIC 'I' .� � � �'? MY COMMISSION#EE875121 ys piresJ/ EXPIRES February 1a.2017 07)]9&,015] Floridallota'yS..rca c^ PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order ma .. e • r e o ler County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. State of Florida County of COLLIER I HEREBY CERTIFY THAT this is a true and ccrrect copy of a-dovament pn file in Board t�,liiiu:es'and Records 6hCollierCounty ?re kli i ha 1 r B.. ffiCi 1 .1 thi 14, DWIGHT 2.BROOK;CLERK OF-COURTS ..L.l .� D.C:. — *** OR 5078 PG 3542 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to David and Zenaida Falato, 130 2nd Street,Naples,FL 34113 this U. day of_p t— ,2014. c... c CJ ,titl _ &/ M.Jea awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 W � t C C`/ . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY 3OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEROW20140009627 David Falato&Zenaida Falato,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 Code of Laws and Ordinances,Chapter 110 Roads and Bridges,Articles II Construction in Right of Way,Section 110-31(a) 2. Description of Violation:Unpermitted and damaged culvert 3. Location/address where violation exists: 130 2nd Street,Naples,FL 34113-8534 Folio: 77210960002 4. Name and address of owner/person in charge of violation location: David Falato & Zeniada Falato, 130 2nd Street,Naples,FL 34113-8534 5. Date violation first observed: May 21,2014 6. Date owner/person in charge given Notice of Violation:May 29,2014 7. Date on/by which violation to be corrected:June 29,2014 8. Date of re-inspection: June 30,2014 9. Results of Re-inspection:violations remain STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing,the undersigned code enforcement official hereby certifies that the above-described violation continues to exist;that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 10th day of July,2014 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER „"Y TERESA TOOLEY 1 a fit` _ .,..• ,� * MY COMMISSION#FF 069279 pr Sworn to(or affirmed)and subscribed before this day of ,2014 by iiTi' - EXPIRES:November 7,2017 akL "'f of v�o�a Bonded Thru Budget Notary Services J � (Signature of Notary Public) U (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced Case Number:CENA20140009627 Date: May 29,2014 Investigator: Michael Clark Phone: 2392522440 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FALATO, DAVID&ZENAIDA 130 2ND ST NAPLES, FL 34113 Location: 130 2ND ST Unincorporated Collier County Zoning Dist: Property Legal Description:TRAIL ACRES BLK 2 LOT 21, 11 & 12 Folio:77210960002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Environment. Weeds Litter and Exotics. Declaration of Public Nuisance. Collier County Code of Laws and Ordinances Chapter 54,Article VI, Section 54-185(a) Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances,Article III, Chapter 130, Section 130-97(5) Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges,Article II Construction in Right of Way, Division 1 Generally, Section 110-31(a). a. The accumulation of weeds,grass, or other similar non-protected overgrowth in excess of 18 inches in height is hereby prohibited and declared to be a public nuisance when located upon any mowable lot, and which lot has been specifically described by legal description and which condition has been determined by the county administrator or his designee to be a public nuisance pursuant to this article.Such mowable lot is,or may reasonably be expected to become, infested or inhabited by non-protected rodents,vermin or wild animals, or may furnish a breeding place for mosquitoes,or threaten or endanger the public health, safety or welfare,or may reasonably be expected to cause disease,or adversely affect and impair the aesthetic integrity or economic welfare of adjacent or surrounding property.: Parking of commercial vehicles or commercial equipment in residential areas. It shall be unlawful to park a commercial vehicle or commercial equipment on any lot in a Residential District unless one of the following conditions exists: (5)Exempted from this section are small commercial equipment such as ladders and pipes that cannot be contained in the vehicle. Said equipment shall be limited to one ladder or one unit of pipe which does not exceed 12 inches in diameter per commercial vehicle. Said equipment shall be secured atop the vehicle and shall not extend beyond the length, height or width of the vehicle. : (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation,without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unscreened commercial trailer;weeds over"18 inches tall; unpermitted and damaged culvert ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must mow or cause to mow any and all weeds, grass, or other similar non-protected overgrowth in excess of 18 inches on any mowable lot. A mowable lot is defined as: a)Any portion, piece, division, or parcel of land in any recorded or unrecorded subdivision of this county, of which 50 percent or more of unimproved property, can be mowed with bushhog-type or smaller mowing equipment,without damage to the lot or equipment. For purposes of determining lot size, rights-of-way, alleys,and all easements shall be included in the calculation of the mowable lot; or b)Any portion of improved property,which can be mowed with bushhog-type, or smaller, mowing equipment without damage to the lot or equipment. 2. Comply with all requirements of Code of Laws 130-97 including commercial vehicle/equipment size, parking location, screening, and ladder and pipe limitations. Store commercial vehicle(s)/equipment in rear yard and conceal from view, OR Store commercial vehicle(s)/equipment within a completely enclosed structure, OR Remove_ ladder(s) and/or_ pipe(s)from vehicle roof, OR Remove offending vehicle(s)/equipment from residentially zoned property. 3. Cease any and all work activities in the right-of-way AND/OR Obtain applicable right of way permit from Department of Transportation and/or remove any and all offending materials from the right of way for any activity not permitted with a valid right of way permit. ON OR BEFORE: 6/29/2014 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 J3Y: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT �L�l�- ,, / 2800 North Horseshoe Dr, Naples, FL 34104 I vestigator Signature Phone:239 252-2440 FAX:239 252-2343 Michael Clark 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 (Manna fin Sift*11PvPinnmpnt Plan.and Variancac ainnn with navmant of imnart fPPA and anv maw nr nirtctandinn flaps rpmiirari fnr annrnval. AFFIDAVIT OF POSTING Code Case Number: CENA20140009627 Respondent(s): FALATO, DAVID &ZENAIDA 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 Michael Clark, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 130 2ND ST ,on May 29,2014 (Date),at 10:01am (Time),and at the _X_Collier County Courthouse Immokalee Courthouse. / (2,6 (S'gna re of ode Enforcement icial) Michael Clark STATE OF FLORIDA COUNTY OF COLLIER Sworn to or,affirmed)and subscribed before me this 2 day of m ,2014 by Michael Clark(Name of persQr making statement) Ohm P 'a (Signature of Notary Publi1 `..`Y::a INDIRA RAJAH * 1._)- * MY COMMISSION#EE 126592 N Ai^': e EXPIRES:December 7,2015 r-fltoF Foe. Bonded Thru 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: CENA20140009627 Respondent(s): FALATO, DAVID &ZENAIDA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)J X Notice of Violation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet 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 130 2ND ST NAPLES, FL 34113, on 5/29/2014 (Date), at 3'37 PM (Time). (9)7 cht", 4 af20... (Signature of Code Enf rcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 14th day of October 2014 by Indira Rajah(Name of person making statement), (Signature of Notary Public) A�:°ueco TEREF. +60V P`kc TERESA TOOLEY �°.tY * MY COMMIE' * COMMISSION#FF 069279 EXPIRES:I * wi , EXPIRES:November 7,2017 "'coF tioe`O Bonded Thru F. 'gr�oF�`o43` Bonded Thru Budget Notary Services (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced DIVISION 1. GENERALLY Page 1 of 2 Sec.110-31.Permits. (a) It shall be unlawful for any responsible party to dig,excavate,obstruct,or place any construction or other material,or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County,including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation,without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (b) Application for each permit shall be made on forms provided by Collier County.Such application shall include,the following information: (1) The precise physical location of the construction. (2) The type of facility to be constructed. (3) The method of construction to be used. (4) The expected time schedule for completion of construction. (5) Sketches and drawings in duplicate to completely depict the nature of the proposed construction. (6) All other information required in the handbook. (7) Additional information as may reasonably be required by Collier County due to unique conditions of the project or the permit requested, for example,a lane closure permit differs significantly from an overweight or oversize permit. (c) The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the board of county commissioners(the board). (d) The Collier County Transportation Operations Department may take any of the following actions on a permit application: (1) Approve the permit based on the application as submitted. (2) Deny the permit based on insufficient information or site-specific information and data inconsistent with the requirements of the handbook or the Collier County Land Development Code(LDC). (3) Issue a notice of intent to issue a permit valid for up to one year,based on the applicant's proposed time frame for construction within the right-of-way.If work will not begin within 30 calendar days of the date on which a permit would otherwise be issued,then such notice of intent shall be issued in lieu of the actual permit.Upon reactivation of the permit application by the applicant,the transportation operations department will review the application to assure that no conditions have changed and either issue the permit or revise any site-specific stipulations to the permit prior to issuance. (e) If the Collier County Transportation Operations Department denies the issuance of such a permit,the applicant may appeal the denial by filing a written notice of appeal with the board(with a copy to the county clerk),not later than ten working days after the effective date of the notice of denial.The board will hear the appeal within 90 days from the date of the written notice of appeal at a regularly scheduled board meeting. The appellant may appear before the board,the decision of the board shall be final. (f) No permit shall be issued unless the proposed construction conforms to the then current edition of the following referenced publications.In the case of conflict or inconsistency,the more restrictive rule shall apply. (1) The handbook. (2) Construction methods or specifications contained in Florida Department of Transportation(FDOT)Standard Specifications for Road and Bridge Construction,and the most current FDOT Road Design Standards,Construction,Maintenance and Utility Operations on the State Highway System. (3) The most current FDOT Manual of Uniform Minimum Standards for Design,Construction and Maintenance for Streets and Highways. (4) Collier County Land Development Code(LDC,unless exempt under the existing LDC or current Florida Statutory law. (5) Collier County Maintenance of Traffic Policy(CMA Instruction 5807,latest revision). If standards for the proposed construction are not contained in these references,the Collier County Community Development and Environmental Services Division and/or Transportation Operations Department may impose additional conditions and/or stipulations, including as to sidewalks/bikeways,traffic control devices,and roadway improvements as part of the permit for the proposed construction. (9) All work performed under any Collier County permit shall be at the expense of the permittee and at no expense to Collier County. (h) The Collier County Transportation Operations Department may suspend or revoke a permit whenever any stipulation and/or condition of the permit is not being fully and promptly complied with,or when deemed essential by Collier County to protect the physical safety of the public. (Ord.No.03-37;§5,6-24-03;Did.No,2003-58;§3,11-18-03) Sec.110-32.Removal of offending material. '2? Offending material is a public nuisance and is subject to removal by Collier County as follows: (1) Upon becoming aware of the presence of offending material,Collier County shall attempt to notify any responsible party by certified mail,return receipt requested,or other actual notice of the obligation to remove the offending material not more than 30 days after receipt of such notice. (2) After expiration of the 30-day grace period,Collier County may cause any then remaining offending material to be removed and be disposed of in a reasonable manner at the expense of the responsible person. (3) If emergency removal is decided to be necessary to protect the physical safety of the traveling public and/or to protect public property, the offending material may be removed without any attempt to provide notice to any responsible person or persons. (4) After removing the offending material and after notifying any responsible person(by such certified mail or other actual written notice), the Code Enforcement Section of the Collier County Community Development and Environmental Services Division shall certify to the Collier County Finance Director the expense incurred in remedying the condition and thereupon such expense shall be due and payable in full within 30 days,after which a special assessment lien will be made upon the property of the responsible person,which �..� shall be due and payable in full with interest at the rate of 11 percent per annum from the date of such lien certification until paid.Such lien shall be enforceable in the same manner as a tax lien in favor of Collier County and may be satisfied at any time by payment thereof including accrued interest.Notice of such lien shall be filed in the office of the clerk of the circuit court and shall be recorded in the public records of Collier County. (5) https://library.municode.com/HTML/10578/level4/PTICO_CH110ROBR ARTIICOPURI-... 7/8/2014 DIVISION 1. GENERALLY Page 2 of 2 • If any responsible person believes that such expense certified to the Collier County Finance Director for removal of the offending material is excessive,he may appeal the amount assessed by filing a written notice of appeal with the board,with a copy to the county clerk,within ten working days after receipt of the notice of the expense.The board should hear the appeal at its next convenient regularly scheduled meeting.The appellant may appear before the board.The decision of the board shall be final. (6) The Collier County Tax Collector should keep complete records relating to the amount payable for liens,as described in subsection (4),above,and the amounts of such liens should be included in tax statements thereafter submitted to the owner(s)of lands subject to such liens. (Ord.No.03-37,§6.6-24-03;Ord.No.2003-58,§3.11-18-03) https://library.municode.com/HTML/10578/level4/PTICO_CH 11 OROBR ARTIICOPURI-... 7/8/2014 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. DAVID & ZENAIDA FALATO Inv. Michael Clark Department Case No. CEROW20140009627 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 12 12 $ 0.04 $5.04 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $15.27 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $66.27 TOTAL OPERATIONAL COSTS: $66.27 . --48/1/1 4+- 71-) COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100006940 Hearing Date: 10/23/14 Board of County Commissioners vs. Michael and Amy Facundo Violation(s): Collier County Code of Laws, Chapter 22, Buildings and Building Regulations, Article II, Florida Building Code, adoption and amendment of the Florida Building Code, Section 22-26(b) (104.5.1.4.4) Location: 318 Washington AVE, Immokalee, FL; Folio 63860280007 Description: Expired Collier County Building Permits Past Order(s): On November 18, 2010 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 4629 PG 247, for more information. On November 18, 2011 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4744 PG 1093 for more information. On July 26, 2012 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4825 PG 891, for more information. On February 28, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4895 PG 2416,for more information. On April 24,2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5039 PG 3244, for more information. The violation has been partially abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Order Items 2 & 5: Fines have accrued at a rate of$200.00 per day for the period between March 1, 2014 to October 23, 2014 (237 days) for a total fine amount of$47,400.00. Fines continue to accrue. Previously assessed operational costs of$146.99 have been paid. Operational Costs for today's hearing: $67.95 Total Amount to date: $47, 467.95 Age 460 Co&I-)2. J 10.6.14 Dear Code Enforcement Board, I'm requesting a 3-month extension from October 23, 2014 on the construction of my home. We were delayed for the following reasons: 1. Financial hardship. 2. Unusual morning rain in the months of June,July,August,&September, which prevented the contractor from working full days. 3. Negotiations with the contractors on the scope of work. 4. Complexity of design. 5. Two&half week delay on window delivery. Explanation for the items above: 1. My wife and I had to pay out-of-pocket so that the schedule values percentage matched actual work completed before the lending institution would release additional draws.We have completed this phase. 2. I have provided a weather climate data report. 3. Part of making the project viable,the contractor and I negotiated the work, which he could do,hands on,such as,block wall installation, setting rehars, forming and pouring tie beams,installing the second floor trusses,building the interior walls and installing the exterior finishes, roof beams and other finishes. By doing this,we couldn't hire certain sub trades to expedite the work,and therefore,it took more time.We have completed this phase of the work and we are ready for electrical, HVAC&plumbing subs. 4. The custom design required the contractor to protect the roof rafters and Tongue&Groove decking during the rain taking time and delaying it. 5. The windows are impacted glass as per building codes,which were manufactured in Pennsylvania.This prolonged the dry-in phase. Consequences if not given an extension: 1. The lending institution will not issue any draws because of the county's possible lien. 2. Sub trades will not get payment for work completed and will file additional liens. 3. The site will become blighted and undeveloped,which is not part of the CRA's Advisory Board's mission. 4. The local economy will not benefit. 5. My wife and children will not have a home that we can call our own. 1 Collier County Community Redevelopment Agency IMMOKALEE CRA i The Place to Call Home! CRA Board Collier County Code Enforcement Board Commissioner Donna Fiala Chair Wednesday, October 22, 2014 Commissioner Tom Henning Re: Code Enforcement Fines, Case#CESD20100006940 Commissioner Dear Code Enforcement Board, Tim Nance I am writing this letter to request a 90-day continuance of the fines associated with Code Commissioner Enforcement case#CESD20100006940 which are related to 318 Washington Ave, Immokalee, Fred W.Coyle Collier County folio#63860280007.The fines are the result of construction delays on the Commissioner owner, Mike Facundo's residential construction project. As I understand it, the delays have Georgia Hiller been the result of a very wet rainy season and personal financial issues. CRA Advisory Board Mr. Facundo and his family have been well respected members of the Immokalee community Michael Facundo for over 40 years. He is employed by the Redlands Christian Migrant Association (RCMA) on Chairman Main Street as that agency's resident Architect. Mr. Facundo is also a graduate of the Edward"Ski"Olesky Leadership Collier Program and has served as a CRA Advisory Board member for over four Robert Halman years, two of which have been in the capacity of CRA Chairman. His contributions to our Ex-officio y p y Julio Estremera community are immeasurable. His talents as an Architect are glaringly obvious in the subject Floyd Crews structures style and distinction. The home, which is situated overlooking the sporting fields at James Wall Carrie Williams the Immokalee Sports Complex, is a perfect example of the kinds of redevelopment that our Cristina Perez CRA is championing for our community. Mr. Facundo and his family have replaced blight with Estil Null Frank Nappo a new, prominent structure that is situated in a high-traffic, high-visibility area of our Martha Williams community. Mr. Facundo assures me that the interior construction elements will be MSTU Advisory completed within 90 days. Committee Cherry le Thomas Anything that you can do to grant him a 90-day continuance of the fines associated with non- Chair compliance would be greatly appreciated. By granting this continuance, you will be sending a Lucy William De yo stron g message that Collier Count y is willing to work with those property owners who are Andrea Halman willing to invest in the revitalization of our area. Norma Garcia Thank you. CRA Staff Bradley Muckel Bradley Muckel, MBA, PMP Operations Manager Operations Manager CRA/MSTU Collier County Community Redevelopment Agency (CRA) and Christie Betancourt Municipal Services Taxing Unit (MSTU) - Immokalee Administrative Assistant 750 South Fifth Street(Southwest Florida Works Building) James Sainvilus Immokalee, FL 34142 MSTU Project Manager (239) 867-0027 direct (239) 285-8270 cell BradleyMuckel@colliergov.net www.immokaleetoday.com 1 10.08.14 Facundo Residence Construction Visual Report: Exterior Photos • rt8 Corner Elevation _ . v 1 1 i H - F _ Front Elevation 2 . ) ,-06 ,,,11411 ° — Side Elevation 41 ct IC s •■11? 'ef - •Ak.‘itil I -- Angle Elevation 1- p, 4 . 1111.„. la* 11. -"tL- 4,4 I - _ Back Elevation 3 w Y nlwi.7T. �.�1��► F ' - al lit Angle Elevation Interior Rough Framing Photos: ,;tr),;'-/,4,4,*14:: , i ' wiiiiir,A1 j, ..... r ",e .,.f. Interior Elevation t, {5 ¥ m S - II {1 7\1101 41114 14 ' :_Ei11jI.0 I , Second Floor Interior Elevation 4 1 \ \ r i \\', , ; :- ■ ki\i \ \Iii, \i.s.,,...\i:, ti, ..... ,, , . 1; , . , . , , , i , \ t . ,. . .... . . 11 ; , /I ilit ..,.. ....,,i,:x2„ ,i , _i _..... . it wi..., , ,,,-, to,„,. .. ... 1(_. t. ' iii A .4 i 1. - - < o - i r - Second Floor Interior Elevation I x a t 1 Second Floor Interior Elevation 1 ia,l r! • `r i 0 Second Floor Interior Elevation 5 1 i 1 , 11 ,..,: , 4 1 _ v ..: , x Second Floor Interior Elevation FlJ = : : ; w . ., m,. . ,. . .. 0 ° 2! ■ ■■ e■ ■■ ■■■■■■ co 1/ a 44 as 4a 4;aaaaaf£ |§[§� r° = - EUFg ( 1 & ! // .k;;lt| | � | /\ \/1, § ` ƒ7! 92 .0. - }- a@ F i� +f |' | § E if ƒf if f!!if\{ i £ U «/ ■ g UUUUUU . ! I7 - } }\ /t }\ IMP§ \E. �m ,, ! !!/T! \ � 3 /\ �8 � ., «ti S.1 eA .-2.Ii: 2; $;; f k i t _ _ _ k \ ( ,« ; ! —.. o - , _ _{ . xF { i g |IV. 0, - ' 1 l ' § | ' } .� | Ef } ; I | / -2O' | ' \ . i 1 : \{ } ( { \ . §y ru / ■ � ( 2 _ / = �. £ < � ■ ;f 08.05.14 To whom it may concern: We are making great progress in building my house. However, we had great delays because of the unusual rain we had in the mornings in June and July,which prevented the contractor from meeting the deadline. Therefore, I am requesting a 60 day extension from August 24th for permit No. PRBD2013010158801. Thank you, Michael Facundo CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20100006940 vs. INSTR 4501468 OR 4629 PG 247 RECORDED 12/2/2010 2:59 PM PAGES 3 MICHAEL AND AMY FACUNDO, DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT 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 November 18,2010,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Michael and Amy Facundo 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 by Tyler Construction,their representative, 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 318 Washington Avenue,Immokalee,FL 34142,Folio 63860280007, more particularly described as Lot 12,Block 32,of NEWMARKET SUBDIVISION,according to the plat thereof, recorded in Plat Book 1,Pages 104 and 105,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws,Chapter 22,Buildings and Building Regulations,Article II,Florida Building Code, adoption and amendment of the Florida Building Code,Section 22-26(b)(104.5.1.4.4)in the following particulars: Expired 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 Collier County Code of Laws,Chapter 22,Buildings and Building Regulations, Article II,Florida Building Code,adoption and amendment of the Florida Building Code, Section 22- 26(b)(104.5.1.4.4)be corrected in the following manner: 1. By re-applying for and obtaining a Collier County building permit within 180 days(May 13, 2011). 2. By obtaining all required inspections and certificate of completion within 185 days of the issuance of the permits. 3.That the Respondent shall report to the CEB at the January 2011 meeting as to the progress. 4. That if the Respondents do not comply with paragraph 1 of the Order of the B oard by May 13,2011, then there will be a fine of$200 per day for each day until the violation is abated. 5.That if the Respondents do not comply with paragraph 2 of the Order of the Board within 185 days of the issuance of the permits,then there will be a fine of$200 per day for each day until the violation is abated. 6. 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. 7. That if the Respondents fail to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 8. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.15 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this \`'t day of ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C• : - •,FLORIDA BY: Kennet 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this n day of\I01;2S+�1 2010,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is Z personally known to me or who has produced a Florida Driver's License as identification. m� TON NOTARY PUBLIC !a :_ MY COMMISSION#CD 686595 - =� EXPIRES:dune 18,2011 My commission expires: Bonded Thru Notary Public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER harbeen sent by U. S.Mail to Michael and Amy Facundo,318 Washington Avenue,Immokalee,FL 34142 this 7.-2! day 2010. iY M.J-�i 'awson,Esq. Florida Bar No. 750311 1 HEREC?Y CERTIFY.THAT.this is a tUB anti Attorney for the Code Enforcement Board ;orrect copy or a QoCurrlent on,file M 2375 N.Tamiami Trail,Ste. 208 Board Minutes and Recoras o,t`CoLtier Count Naples,Florida 34103 aTi-E•SS r v ana and fficiai I this (239)263-8206 (lay of� (,O NIGHT E. BRQ ;CL EXOF COUP • '*:b . 'use BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CaseNo.CESD20100006940 Michael Facundo &Amy Facundo Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Michael Facundo & Amy Facundo, on behalf of himself or herself 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 CESD20100006940 dated the 18th day of May, 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 18th 2010; 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: Must re-apply for and obtain a Collier County Building Permit within 180 days of this hearing or a fine of $200.00 per day will be imposed and request required inspection t be performed and passed thru a certificate of completion/occupancy within .365 (4,5—,i,, - days of this oaring or a fine of$200.00 per day will be imposed.'"4orn 4k. DP- ?&t1- issv at u. 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 and may use the assistance of the Collier County Sheriffs Office to enforce the provisi 4is of this agreement and all costs of abatement shall be assessed to the property owner. f ' • Respondent or Representative (sign) Diane Flagg.rJ rector I 4: - Code Enforcement Department t 3 " `j)( // / /`7 /A Respondent or Representative (print) ' bate' / 1ii - r-. Date ` A. -Lc' fry REV 1/12/10 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100009640 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FACUNDO,MICHAEL&AMY,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 11/18/2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to Obtain a Collier County building permit within 180 days (May 13,2011) or$200/day and obtain all required inspections and certificates of completion within 185 days of the issuance of the permits or $200/day and pay operational cost of$81.15 within 30 days, as stated in the Order recorded in the public records of Collier County, Florida in OR Book 1 PG 104-105. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 10/11/2011. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Didn't acquire Collier County Building permit's Certificate of Occupancy within 185. FURTHER AFFIANT SAYETH NOT. DATED this 27`x'day of October,2011. COLLIER COUNTY,FLORIDA COD, ENFORCEMENT B/9ARD • Weldon J Wal . Code Enforce e Official STATE OF FLORIDA COUNTY OF/COLLIER Sworn to or affirmed)and subscribed before me this if t day of()-'` 2011 by ( ;- 1— \\J (Signal-A,of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA Pr P1 T. Snow Na o 'sub>IS T.01,2013 BONDED TECRU ATLANTIC BONDLNG CO.,1 C. Personally known I REV 1/5/11 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20100006940 vs. INSTR 4635236 OR 4744 PG 1093 MICHAEL AND AMY FACUNDO, RECORDED 12/8/2011 3:29 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT Respondents COLLIER COUNTY FLORIDA p / REC$18.50 ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on November 18,2011,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 seven(7)months(June 18,2012). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of ?..D G J, ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA tf-e, BY: C -- unto of COLLIER. Kenneth • - air 2800 North Horseshoe Drive HERESY CE it ,Y;,11 T this Is a trua_a fl Naples,Florida 34104 correct copy of a`doc]n9,nt O0 fide in Soar � tnuteS and�fecorn3 of.Co1:1.Uer Count n ,°i tt nr '. fat s at this OWLG `g, RObk:;,:CLE (OF COUt • 41, 0 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of �C!• , 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE \ Z 'v\ Q „`it' —1(1,-%. Notary Public-State of Florida NOTARY PUBLIC • • My Comm.Expires Jun 18,2015 My commission expires: Commission#EE 87272 'FO ,, 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 Michael and Amy Facundo,318 Washington Avenue, Immokalee,FL 34142 this 3'Pday of 'a^)•,2011. M.Jean RAwson,Esq. Florida Bar No.750311 .--� Attorney for the Code Enforcement Board 2375 N.Tamiami Trail,Ste.208 Naples,Florida 34103 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100006940 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FACUNDO,MICHAEL AMY FACUNDO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Weldon J Walker Jr.,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was ordered to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or$200/day and pay operational cost of$81.15 within 30 days. as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629PG 247. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 6/18/2012. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or$200/day and pay operational cost of$81.15 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 18th day of June,2012. COLLIER COUNTY,FLORIDA CODE NFORCEMEN BOARD J ' __ A Weldon J Walker Code Enforceme 4 fficial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed an. cry:-d before me this 18th day of Ju,e,2012 by Weldon J Walker Jr. TARYPLZ?LIC•5TA'!'Et?FF1.C`Itt'I�A (Signature of Notary Public) NOTARY""""•,„ Maria r Rodriguez ''iuS Commission#EE049566 ' =Exr Tres: JAN.16,2015 (Print/Type/Stamp Commissioned Name o' otary P -ilie) BO�EU TRAIT ATLANTIC BONDING Ca,INC. Personally known CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20100006940 vs. MICHAEL AND AMY FACUNDO, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on July 26,2012,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(January 22,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of a9i,2012 at Collier County,Florida. CODE FORCEMENT BOARD C9 LI V • , rY,FLORIDA 7. b.CO F Fs ktiLIA B : �fi •ituniy of co 'Robert . • , an,Chair ; 2800 + orseshoe Drive HEREBY CCRilF NAT this it• r Naples lorida 34104 ammo:may at a ciecur_ctent art Me in 3ard Mtnutea and-Recur S of Cattier Cainet MESS iviv-Ilona $ official sod this INSTR 4727330 OR 4825 PG 891 __,•c94D( RECORDED 8/10/201211.56 AM PAGES 2 DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA ��,�� i � REC$18.50 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this to day of ` , 2012,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florid. o is personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE j■t ' •aY�,/, Comm. P State of Florida NSTARY PUBLIC ¢r';;r Notary.public p015 1; ".?" E" ues Jan 18 My commission expires: Commission#EE 87272 * �� Notary Assn. s' h National OF vg,)• Bonded Throng CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has beet}sent by U. S.Mail to Michael and Amy Facundo,318 Washington Avenue,Immokalee,FL 34142 this (s"4"---day of , 2012. M.Jeawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Rd.N, Ste.210 Naples,Florida 34102 (239)263-8206 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100006940 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FACUNDO,MICHAEL AMY FACUNDO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Weldon J Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or $200/day and pay operational cost of$81.15 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629PG 247. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 01/24/2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or $200/day and pay operational cost of$81.15 within 30 days.The Respondents are granted an extension of time for 180 days(January 22,2013). FURTHER AFFIANT SAYETH NOT. - DATED this 24th day of January,2013. COLLIER COUNTY,FLORIDA CODE .NFORCEME T B•'RD Weldon J Wal -r J . Code Enforce en Of icial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this.24th day of January,2013 by Weldon J Walker Jr. (Signature of Nota y Public) NOTARY PUBMLari IC-a S TE AT E R OoF d riFLOgRIDu:ez A Commission#E 04966 Expires: JAh.16,2015 (Print/Type/Stamp Commissioned Name of Notary Public) BONDED 1 UaTr.AtirrcBOND CO.,INC. Personally known CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA INSTR 4810554 OR 4895 PG 2416 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, CESD20100006940 vs. MICHAEL AND AMY FACUNDO, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 28,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 12 months(February 28,2014). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4 day of11 CAVIS'l ,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD COL, • •UNTY, ORIDA .y 4 - State of Florda F• B % r County of-C(Ll it F Ro' • Ka Fr air 2800 No , • eshoe Drive I HEREBY*TIFY THAT;this is a true and Naples, orida 34104 cortect copy,ci a document on file in Baird Minutes and Reuoids of Collier County WITNESS my hand:'nd official seal this 1 day of k zot3 'WIGHT E. BROOK,CLERK OF COURTS ,+� �. Pt p STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) �� The foregoing instrument was acknowledged before me this 4 K day of m__ V l 2013, 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. .RY PUBLIC KAREN G BAILEY NO A My commission expires: r, MY COMMISSION#EE875121 --',.to;c;;' EXPIRES February 14,2017 (h 7)349.0153 Florfdallota.S. ice con' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to Michael and Amy Facundo,318 Washington Avenue,Immokalee,Florida 34142 this4 day of�1 t4'\,2013. M.Jeawson,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.CESD20100006940 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FACUNDO,MICHAEL AMY FACUNDO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Weldon J Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: That on November 18, 2010, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or $200/day and pay operational cost of$81.15 within 30 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4629PG 247. 1. That the respondent did contact the investigator. 2. That a re-inspection was performed on 03/07/2014. 3. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to re-apply for and obtain a Collier County building permit within 180 days (May 13, 201 1) or $200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or$200/day and pay operational cost of$81.15 within 30 days.The Respondents are granted an extension of time for 180 days(January 22, 2013). FURTHER AFFIANT SAYETH NOT. DATED this 7th day of March,2014. COLLIER COUNTY,FLORIDA CODE NFORCEME BOAilP !.!4.-41l1 Air Weldon J Walk: Jr. Code Enforcem:nt 6 fficial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 7th day of March,2014 by Weldon J Walker Jr. (Signature of rotary Public) NOT ARY PtiEar `'r°T 10d og ez Maria F. k 6 �-. ' m fission EE0?966 ,Ca . 2 5 r..:r.*es: JAN• 16, O1 (Print/Type/Stamp Commissioned Name of Notary Public) BONDED THRI3/MANTICBONDc GCO.,INC. Personally known 4 INSTR 4985249 OR 5039 PG 3244 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 COMMIvIISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO: CESD20100006940 vs. MICHAEL AND AMY FACUNDO, Respondents ORDEIr'N� fItbNTINUE THIS CAUSE came on fore ty earing before the rid 24,2014,on the Respondents' Motion to Continue the hearing o posittop of Fine 'iens- \1y I The Respondents 4 '.•tttm s:s ,-,he: gg o',...,®..si'On, f Fines/Liens. Po �� . /� ...1 ORDER OF THE a • • H /..� Based upon the foregoing, ., p t to the authority YIA :1 4n'?hapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as .. eq , y(b E D: 1. The Respondents'Motion for Continuance is GRANTED for a period of 120 days. 2. The Respondents are to provide monthly updates to the Code Enforcement Department. 3. The Respondents are to pay the operational costs for today's hearing in the amount of$65.84 within 30 days(May 24,2014). DONE AND ORDERED this I day of ,2014 at Collier County,Florida. COD 0,a-e i CEMENT BOARD CP LIERCS ,FL0' DA las State of Florida tY: :..u' !_..�/ County of COLLIER • -''Ka : ir hair 2:i 0 N. �� :"eeshoe Drive I HEREBY CERTIFY THAT this is a true and 'apl: • da 34104 corre0cd b`f,e gocument on file in n Byd +notes an"4`5, cc rds of Collier County 1437$:illy., rd.i fiJofficial seal this f'WIGHT E BR K. LERK OF COURTS *** OR 5039 PG 3245 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The forego' g instrument was acknowledged before me this I. day of 2014,b obert Kaufman,Chair of the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or who h. •roduced a •■••a Driver's License as identification. dr A -A . _ NOTARY PUBLI KAREN G BAILEY My commission expires: ;'. ,'2 MY COMMISSION#EE875121 -'.'r1-4, EXPIRES February 14,2017 CER1'LFICATE OF SERVICE Iaoti Als-olsa Fbria•NwmyS++c o°"' I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Michael and Amy Facundo,318 Washington Avenue,Immpkalee;Floridan 34142 this k day of 014. , .• t . e:!v, son,Es��11. Itor�'da Bar' o.7503+11 r "çEToent Board 239)21; -82I• ,14' .,t1CN --4S COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100006940 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FACUNDO,MICHAEL AMY FACUNDO,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Weldon Walker, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: I. That on November 18, 2010, 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 4629PG 247. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 08/27/2014. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent ordered to re-apply for and obtain a Collier County building permit within 180 days (May 13, 2011) or$200/day and obtain all required inspections and certificate of completion within 185 days of the issuance of the permits or$200/day and pay operational cost of$81.15 within 30 days. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of August, 2014. COLLIER COUNTY,FLORIDA CODE NFORCEMENT :is ARD� eat_. ` f • Weldon J Wal r r. Asp Code Enforcer e 0 ' cial STATE OF FLORIDA /' COUNTY OF COLLIER Sworn to(or affirmed and s k .cribed before me this 27th day of August,2014 by Weldon Walker (Signature of iotalyPublic) NOTARY PUBLIC-STATE OF FLORIDA .Att Maria F. Rodriguez ''' .1 Commission#EE049566 (Print/Type/Stamp Commissioned Name o Notary Publi,) Expires: JAN,16,2015 BONDED THRU ATLA\r:C BONDING CO.,INC. Personally known CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. MICHAEL & AMY FACUNDO Inv. WELDON WALKER Department Case No. CESD20100006940 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 16 12 $ 0.04 $6.72 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $16.95 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 $67.95 TOTAL OPERATIONAL COSTS: $67.95 19,1kt Ti 4-V-4)3 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130001292 Hearing Date: 10/23/14 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: Additions/alterations made to structure without first obtaining Collier County Building Permits 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. 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. On June 20, 2014 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5058 PAGE 2030, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between September 21, 2014 to October 23, 2014(33 days) for a total fine amount of$8,250.00. Fines continue to accrue. Previously assessed operational costs of$63.74 have not been paid. Previously assessed operational costs of$143.38 have been paid. Operational Costs for today's hearing: $65.43 Total Amount to date: $8,379.17 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. 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 day of , ; 113 at Collier County,Florida. DE EN ORCE ENT BO • COLLIER CO , Y. •' DA �..�-fir • e eft au + Chair 2800 N• e •e Drive Naples Fior +a 34104 STATE OF FLORIDA ) )SS: .-. COUNTY OF COLLIER) The foreg ing instrument was acknowledged before me this day of 2013,R Robert Kaufman,Chair of the Code Enforcement Board of Collier I ounty,6lorida,who is ✓ personally known to me or who has •,oduced a Flo '• 11 • ^ 's License as identification. ,.;r;,: KAREN G BAIL �`Y PUBLIC MY COMMISSION#EE8I EXPIRES February 14,Nsjc•. mission expires: 9&4 �dsgots Se can CATE OF SERVICE 4V 398-0153 I HEREBY CERTIFY that a true and correct copy of this ORDER has ben s t by U.S.Mail to Christopher S. Esenberg,3315 Guilford Rd.,Naples,FL 34112 this 3 day of _! ,2013. 4./2 f - • ��. M. Jegu•Kawson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 State of FLL:rida Naples,Florida 34102 County of COLLIER (239)263-8206 I HEREBY CERTIFY THAT This is a true and correct cc-:y of a dcrum6t;Cn file iii Board mute. and Records of;Coi er County WITNESS `fy vlal:eu 4J COIL .. , d n 1 c74=��?/` •'V; .BHT E. B OL I<, ..ERK:OF COURTS" BOARD OF COUNTY COMMISSIONERS ---Collier County, Florida Petitioner, vs. Case No. CESD20130001292 Christopher S Esenberg Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Sf 0fhe r S L-Se b-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 of jrlotices 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 junr )-01 ; 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 $ 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 Iso days of this hearing or a fine of$ &So,DD 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 owne . -espondent or presentative (sign) r Diane Flagg, Director Code Enforcement Department r � �� • )3 Respondent or Representative (Vint) Date (--(22S;IY Date REV 1/2/13 COT,T,TFR 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 e r ENFORCEMENT BOARD Jeffs etourneau Code Enforcement Official i STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed and subscribed before me this 26th day of December,2013 by Jeff Letourneau 4,v1.. u6Ii 1( 4144, SFNRLEY GARGA (Signature of No P ) MY COMMISSION!F 075053 * EXPIRES:December 21,2017 �,44.0 130 Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known I 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. i1 , ' 1 DONE AND ORDERED this 5 day ofi �,,l .,2014 at Collier County,Florida. I •! ° ,-2 'CEMENT BOARD COLLIER CO.d TY .J+'IDA State of Florida County of,.GOI_LIER BY:-" :".: A;• e:.:rt Kau m...r . I HERESY C: 28 North , oe Drive . l T T`tii-'-is a true and tc ^-_--..-�a -_; � 1d'aples,Ffi.• •a 34104 correct�croy.e:;a rah:(1,e' °�a ;i,e in Board Wiairjtor fd-F2 rer•.r, CO*County '~ W TN`SS my� 43G 44-tip. t eal this day o�_ T2 t4 Y. •DWIGHT; -B.ROCK,CLER CF COURTS I 1� K. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this S day of 1 e _, A , 2014,,,K Robert Kaufman,Chair of the Code Enforcement Board of Collier Coun Florida,w s personally known to me or who has eroduced a Florida Driver's 'cense as ident fication. f Y s'' '� KAREN G CBI In ,� I 41' ': 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. 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:ffirmed)and subscribed before me this-May of VVw-1 ,2014 by Eric Short � NOTARY I%1;6i.iC A L OF FLORIDA (`ignatureofNotary • blic) Kerry Adams Commission#EE005769 Expires: JUNE 30,2014 (Print/Type/Stamp Commissioned Name of Notary Public) BONDED THF.L?ATLANTIC BONDING CO.,INC. Personally known 4 INSTR 5008182 OR 5058 PG 2030 RECORDED 7/16/2014 4:57 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 MOTTO- NSION OF TIME THIS CAUSE came on for pub,lic(1 efore the :••• . a, 1 a 20,2014,on the Respondent's Motion for Extension of Time. �`'' ` �^ F tj•F FACT The Respondent request d • x nsio o ti e ••c i • y °'th 1 e :oar 's Order. -�, [ ORDER OF THE—:OA . , ) ..,./ Based upon the foregoing, uant to the authori )4 pter 162,Florida Statutes,and Collier County Ordinance No.2007-44,C . d,it is hereb * : 1. The Respondent's Motion for Exte •,• • T - . ' •NTED for a period of 120 days from the date of compliance(May 23,2014).The new compliance date is September 20,2014. 2. The Respondent is to pay the operational costs for today's hearing in the amount of$63.74 within 30 days(July 20,2014). DONE AND ORDERED this g day o 2014 at Collier County,Florida. COD MI ORCEMENT BO•RD State of Florida • t -OUN ,F .• DA County of COLLIERGt_ -17,, '' 'o ert Ka, �: hair .I HEREBY CERTIFX.Ti ATjjhis is a true and correct cbpy of,a do�0rn tt ott file in 2:10 N.• • seshoe Drive Board nutes.andRecbrdS of collier County apl �.nda 34104 WITNSS:my hand and offiaeal this 1lP`dayof;Nu til `ZCI D GI:i7£>;BROCK;CLERK OF COURTS 1 . *** OR 5058 PG 2031 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The for going instrument was acknowledged before me this day of , ... 4/A... 4/A 20I4 y Robert Kaufman,Chair of the Code Enforcement Board of Colli runty,F CB da,who is personally known to me or who h. •roduc-• : - • I.. . '• -nse as identification. 4011111Mie - -01.___ N G BAILEY 0 •RYPUBLI°1�=•: �!' ' - '= MY C•MISSION#EE875121 My commission expires: -'-74.:'.7 EXPI- S February 14.2017 007)3921-0153� FIoridallotn Se vice corn PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. ./ R C A NN APPEAL: Any aggrieved party may ap �'�',, i ider ofthe . t�o e Circuit Court within thirty(30)days of the execution of the Order appealed apl5eal shall not be a he. • 'e vo,but shall be limited to appellate review of the record created within t e on al hearing. It is the respon 'bill ;of the appealing party to obtain a transcribed record of the hearing fr m t CTe k Cd�urts.Filiixg� App-.1 wi not automatically stay the Board's Order. •�,r • ��E ' I C4T s CE �4..J � CE/ I HEREBY CERTIFY the t e' correct op, : 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 September 22,2014. 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 22nd day of September,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 41J.Eric Short Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swoo to(or affirmed)and subscribed before me this ,z^ day of ` -7 //i/-=t''� •,2014 by Eric Short - )- Z2 f> jPA> al, r (Signature of Notary P,�,u/blic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known .,ce•p.Be% INDIRA RAJAH .n 61Y COMMISSION II SE 126592 l 4 rriv'P�4F EXPIRES:December 7,2615 '94'0F El 01.9 Bonded Thru Budget Notary Services 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 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 $ 0.04 $4.20 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.43 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $65.43 TOTAL OPERATIONAL COSTS: $65.43 1410144 � � COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20120015005 Hearing Date: 10/23/14 Board of County Commissioners vs. Albert Benarroch Violation(s): Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) Location: 2390 James RD,Naples, FL; Folio 750680709 Description: Commercial Landscape Business being conducted without a valid Business Tax Receipt and any other required Collier County authorization. Past Order(s): On February 27, 2014 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5018 PG 3619, for more information. On July 24, 2014 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5067 PG 3710, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between September 23, 2014 to October 23, 2014 (31 days) for a total fine amount of$6,200.00 Fines continue to accrue. Previously assessed operational costs of$128.08 have been paid. Operational Costs for today's hearing: $63.75 Total Amount to date: $6,263.75 INSTR 4958307 OR 5018 PG 3619 RECORDED 3/21/2014 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 I CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CELU20120015005 vs. ALBERT BENARROCH, I Respondent, FINDINGS_OF-FAe1 -CQNCLUSIONS OFF LLA,W!1Q'1t� DE11`(�F 'f.E BOARD THIS CAUSE came on for public heaii Wig} ore the Board on Feb x0 014,and the Board,having heard testimony under oath,received ev�lnce„and,l rd respective esp ie to all appropn to matters,thereupon issues its Findings of Fact,Conclusions of w, d rdgr of fl d,,f�3,follows. 1. That Albert Benarroch i the h'�b e r e 57 2. That the Respondent w 1 iek f t• o hja•ng by rt(fie (nail and by posting and the Code P } Enforcement Board has jurisdictr n4this matter. 1!--f� L ' � 3. The Respondent,having ari my notified,appeared'd e aubh earl ing. 4. That the real property located`at09 James Road,Napl -,� rida 34114,Folio 750680709,more particularly described as the South one-h`a1'� e-Sou • cell a' /2)of the West one-half(1/2)of the Northeast one-quarter(1/4)of the Southwest—One-., r(. i ii. ction 7,Township 51 South,Range 27 East, Collier County Florida is in violation of Ordinance 0• • ,as amended,the Collier County Land Development Code,Section 1.04.01(A)in the following particulars: Commercial landscape business being conducted without a valid business tax receipt and any other required Collier County authorization. 5. The violation has not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: I. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 1.04.01(A). 2. Respondent must abate the violation by obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location,including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location within 120 days(June 27,2014)or a fine of $200.00 per day will be imposed for each day the violation remains thereafter. *** OR 5018 PG 3620 *** 3. If the Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. • 4: The Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$64.04 within 30 days(March 29,2014). 5. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this I t day ofialf .t,2014 at Collier County,Florida. C'. ENFOR MENT BOARD OLLIER CO Tj FLO' D c _ft/rLrr% Kaufman,C A i . 3Iti0;, .. ors- *e •rive N. tai. ` rt:. 104 STATE OF FLORIDA ) f Cy '�� )SS: f COUNTY OF COLLIER) i t The fore ing instrument was ac) o , .1-• 1- ofe- i� ttay fl 2014 y Robert Kaufman,Chai oft ' Cede :nf rc=•• ep B L1 o" o 1i(er ou ty,Florida,who is personally known tome ws. aa2„.•die-dl.& - •.: ��iver . cense as identification. � 'Ille ,ZerM� KAREN G BAILEY NOT/6C Y PUBL - J- 7.1\'I'S COMMISSION#EE875121 \'4• My commission expire/. k,,,.) "V".•-/S EXPIRES February 14,2017 \ � it�'``- OW;444444 FbriAallolnrySe�vize cam PAYMENT OF FINES: Any fines orde_,to .•• rs tb i rder may .e paid at the Collier County Code Enforcement Department,2800 North I r- cL1 ivi. s,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or con Irma ion of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER leas been sent by U.S.Mail to Albert Benarroch,658 Bald Eagle Drive,Marco Island,FL 34145 this V\ day of N-W0t4rW\2014. • delos, State of Florida M.J-Rawson,Esq. CouRty.of COLLIER Flori•a Bar No.750311 '07.00 +?s. '` Attorney for the Code Enforcement Board I NEREB•1" ERFIFY Tl4tf this fs a true and 681 Goodlette Road N.,Ste.210 correcf.i opy_9f.a dbcurnen in•file.in Naples,Florida 34102 Boar t;�Minut s;entl;ft_grds f Collier County (239)263-8206 WITNESS.iny;fiandlani .Ieial sea;this 14ay;df � `-� • IGNTE, a ROCK'GLE K OF COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20120015005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BENARROCH,ALBERT,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared James Davis,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location, including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location within 120 days (June 27, 2014) or a fine of$200.00 per day will be imposed for each day the violation remains thereafter as stated in the Order recorded in the public records of Collier County,Florida in OR 5018 PG 3619. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 30,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: County has asked for corrections to be mad to Site Improvement Plan it FURTHER AFFIANT SAYETH NOT. DATED this 30th day of June,2014. COLLIER COUNTY,FLORIDA ENFORCEMENT BOARD James D v. Code En rcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 30th day of June,2014 by James Davis (Signature of Notary"'lie) p�pPY PUg. KIMBERLY BRANDES * EXPIRES:COMMISSION Sep ember 174 017 (Print/Type/Stamp Commissioned Name ofNotary Public) );i� app Bonded lhru Budget Notary Services Personally known I INSTR 5019539 OR 5067 PG 3710 RECORDED 8/15/2014 11:19 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.:CELU20120015005 COLLIER COUNTY,FLORIDA, Petitioner, vs. ALBERT BENARROCH, i Respondent, J%4 -'Or ORDER s -' ' -6 DE ENFO'' �' f''NT BOARD THIS CAUSE came before e 94e- fforcment Board upon t R'e ondent's Motion for Extension of Time to Comply,and the Code Enf rcem�ent havm�'g retie -d the Mtio all associated documents and heard argument respective to all approptia tter}-'.. ue 1+ . ' : S�i er: '114110)F. LIJI►I� ti � �� 1. On February 27,2014,R,sp$ •ent was found guilty .e1 iolati.n o ance 04-41,as amended,the Collier County Land Dev- p nt Code,Section 1.040•„1:) hr ercial landscape business being conducted without a valid b' tax receipt and any o i°. oilier County authorization,which violation occurred on the pro.- . ated at 2390 James Ro.d . es,Florida 34114,Folio 750680709, more particularly described as t - .. .'y:�•e-half(1/2 . i - o one-half(1/2)of the West one-half (1/2)of the Northeast one-quarter .1 4'I.- oytt1 n- •uarter(1/4)of Section 7,Township 51 South,Range 27 East,Collier County F F . 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or before June 27,2014 or a fine of$200.00 per day would be imposed for each day the violation remains thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5018,PG 3619). 3. On June 27,2014,Respondent filed a Request/Motion for Extension of Time to Comply. 4. Operational costs of$64.04 have been paid. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: A. Respondent's Request/Motion for Extension of.Time to Comply is GRANTED. B. The time for which Respondent is to comply has been extended until September 22,2014. C. No fines shall accrue during the extension period. *** OR 5067 PG 3711 *** D. Respondent is to pay the operational costs for the prosecution of this case in the amount of$64.04 on or before August 23,2014. ,, DONE AND ORDERED this L day of 411 2014 at Collier County,Florida. EDE FOROEMENT BOA:-) COLLIER _ 1►TY,FL*'410A i '4e III_/1 A:ert au •� 1 2800 o . - 11�Drive N.: es,Flo '.. 104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore ing instrument was acknowledge.-b oo` s-0 ir.. 2014, Robert Kaufman,Chair of the . 9 ' ► cement Boar. . 'p - Coun Florida,who is personally known to me or has pr.duced a - . :. P rde 's License as identification. NOT •LI KAREN G BAILEY I, o't i• : pi, '•• MY COMMISSION#EE875121 # ' ' a�,�d EXPIRES February 14,2017 PAYMENT OF FINES: Any fi t.-r.. .,, to a.. littA.be:•airs at thcFiCn .laity,,. Code Enforcement Department,2: I orses oe Drive, .:.les, t L 3° `g fax#(239)252-2343. Any release of lien or confirmation of c. 21 nce or confirmation of sat sfa• "s. f the obligations of this Order may also be obtained at this location _► �0 APPEAL: Any aggrieved party may ap : -.,.Y . order of the :►. clip e Circuit Court within thirty(30)days of the execution of the Order appealed. M N t. e.ti : .0 ,e. de novo,but shall be limited to appellate review of the record created within the original •. •. It-is e-r sponsibility 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 h been sent by U.S.Mail to Albert Benarroch,658 Bald Eagle Drive,Marco Island,FL 34145 this day of 14. State o);;E;lorida ._ ��` =Of COMER M.Je�wson,Esq. COUnty. Florida Bar No.750311 t Attorney for the Code Enforcement Board i 1Rj I HEA , TtF'(TH/� s 1s a true and 0 ,;dttt ot�file in 681 Goodlette Road N.,Ste.210 Correct. Naples,Florida 34102 Boar_di�d tes:and Recceitd oifLOljier County (239)263-8206 WI t' y h,nd ard:°ffclatfeal this 1 f - -�{ .d"a�o, �'K OF COU RTS OW1G. .'aiFZKC?CCf4,C • �•{ .`'.: 011.4,.V I.► . COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU20120015005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BENARROCH,ALBERT,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Ralph Bosa, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 27, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location, including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5018 PG 3619 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [September 23rd,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: [obtaining a zoning certificate from Growth Management Division allowing the landscape business to operate at this location, including a valid Collier County Business tax Receipt or by ceasing all landscaping operations from this location] FURTHER AFFIANT SAYETH NOT. DATED this [23rd] day of[September],2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Ralii Bosa Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to r affirmed)and subscribed before me thisGiday of n�(ems�'j ,2014 by Ralph Bosa '(Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary PuV ;;etc KERRY ADAMS * =,t_s * MY COMMISSION#FF 139721 Personally known EXPIRES:July 8,2018 jAOFo\o Bonded Thru Budget Notary Services CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ALBERT BENARROCH Inv. Ralph Bosa Department Case No. CELU20120015005 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black &White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $12.75 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) $18.501 Total Operational Costs for Imposition of Fines $63.75 TOTAL OPERATIONAL COSTS: $63.75 Ada d a - n)SS COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120002439 Hearing Date: 10/23/14 Board of County Commissioners vs. Konstantine E. & Merrill L. Komninos Violation(s): Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-96(a); 2007 Florida Building Code, Chapter 1, Section 1110.1 and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(e)(i) and 10.02.06(B)(l)(a) Location: 6161 Spanish Oaks LN, NAPLES, FL; Folio 41933010003 Description: No Certificate of Occupancy for garage conversion, CBS 3-car garage, or shingle re-roof An 8x38 addition to a single family home, wooden fence, and three accessory structures were added without permits Past Order(s): On July 26, 2012 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4825 PG 899, for more information. On February 28, 2013 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 4895 PG 2424, for more information. On March 27, 2014 the Code Enforcement Board granted an Extension of Time to Comply. See the attached Order of the Board, OR 5025 PAGE 151, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between September 24, 2014 to October 23, 2014 (30 days) for a total fine amount of$ 7,500.00 Fines continue to accrue. Previously assessed operational costs of$145.46 have been paid. Operational Costs for today's hearing: $65.01 Total Amount to date: $7,565.01 CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. KONSTANTINE E. & MERRILL L. KOMNINOS Inv. JONATHON MUSSE Department Case No. CESD20120002439 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 $ 0.04 $3.78 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $14.01 County Staff Hours Per Hour Clerk of Board Fees 0.5 $65.00 Total $32.50 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 1 $8.50 $8.50 Total $18.50 Total Operational Costs for Imposition of Fines $65.01 TOTAL OPERATIONAL COSTS: $65.01 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20120002439 vs. ROGER AND TAMMY MACAULEY, Respondents FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 26,2012,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact,Conclusions of Law,and Order of the Board,as follows: 1. That Roger and Tammy Macauley 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 6161 Spanish Oaks Lane,Naples,Florida 34119,Folio 41933010003, more particularly described as the East''A of Tract 46,GOLDEN GATE ESTATES,Unit 97,according to the plat thereof recorded in Plat Book 7,Pages 95 and 96,of the Public Records of Collier County,Florida is in violation of Collier County Code of Laws and Ordinances,Chapter 130,Article III,Section 130-96(a);2007 Florida Building Code,Chapter 1,Section 110.1 and Ordinance 04-41,the Collier County Land Development Code,as amended, Section 10.02.06(B)(1)(a)and(B)(1)(e)(i)in the following particulars: No Certificate of Occupancy for garage conversion,CBS 3-car garage,shingle re-roof. An 8 x 38 addition to a single family home,wooden fence,and three accessory structures were added without permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,the Stipulation attached hereto and incorporated herein,and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.04-41,it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances,Chapter 130,Article III,Section 130- 96(a);2007 Florida Building Code,Chapter 1,Section 110.1 and Ordinance 04-41,the Collier County Land Development Code,as amended,Section 10.02.06(B)(1)(a)and(B)(1)(e)(i)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(January 22,2013). INSTR 4727334 OR 4825 PG 899 RECORDED 8/10/2012 11:56 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$27.00 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by January 22, 2013,then there will be a fine of$250 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondents fail to abate the violation,the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$81.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this Cf) day of ' 1'. . ,2012 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIE COUNTY,.FLORIDA JBY. i RO'berttKaufmah,Chair 2800 Northtorseshoe Drive l Naples,Flo 'da 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(J 11—day of ■ ¢ ;i , 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. r i. KRISTINE TWENTE \ , , ,_1:�Sc —1 l.L, tt - ;r. «`c= Notary Public-State of Florida NOTARY PUBLIC _.; ,.v;•=My Comm.Expires Jun 18,2015 My commission expires: "--",p I"' set .�� p� ,,F� Commission#EE 87272 F �� Bonded Through National Notary Assn. ERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER*been sent by U. S.Mail to Roger and Tammy Macauley,6161 Spanish Oaks Lane,Naples,Florida 34119 this e�`''—day of C g t;,9 ,2012. 6 nL M.Jean Rson,Esq, Florida Bar No.750311 of w 01 f.Lt;RUM. Attorney for the Code Enforcement Board ;minty of COLLAR 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 i HEREBY CERTIFY THAT thts hi a Ina NO (239)263-8206 lorrec ,c® r Qt a aocumetit on I i -Qard,.M'rrtUtes:and Wecoros of COW 14_7:4 ES9mv ha o arm c tlii goal�i 42y d r E. sc or ours 4' - BOARD OF COUNTY COMMISSIONERS ..Collier County, Florida Petitioner, vs. Case No. CESD20120002439 Roger& Tammy Macauley Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,)cL��•�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 CESD20120002439 dated the 24th day of February, 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 for1l2011L; 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. No CO obtained for garage conversion, CBS 3 car garage, or shingle re-roof. An 8x38 addition to a single family home, a wooden fence, and three accessory structures were added without permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $8 i.72 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 S days of this hearing or a fine of$ 1 D 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 (weer. _--� Respondent or Representative(sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Dat6 REV 1/4/12 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4810558 OR 4895 PG 2424 RECORDED 3/13/2013 11:00 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA • COLLIER COUNTY,FLORIDA, REC$18.50 Petitioner, CESD20120002439 vs. ROGER AND TAMMY MACAULEY, Respondents ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 28,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 10 months(December 28,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4 day ofrn(ki al,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD CO iraUNTY,FLORIDA State of Florida County of COLLIER $% _ -o. rt Kau a hair I HEREBY CERTIFY THAT this is a true and 2800 N0. . orseshoe Drive correct copy of a document on file in Napl- Florida 34104 Board Minute s.acid;Records of Collier County �h11T�E`S.S:my"h° c acid official se lthis 1 tt9V.6y of G W DWIGHT"E.-BROCK',.cLER�k OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) \, The foregoing instrument was acknowledged before me this 4 day of\11(jf C- �1 , 2013,b Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is 2013, known to me or who has produced a Florida Driver's License as identification. i NOTARY PUBLIC 9.'. a, KAREN G BAILEY My commission expires: = '!'' ' MY COMMISSION#EE875121 -�+'•~ EXPIRES February 14,2017 007 398 9153 Floridallote Se corn CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent,by U. S.Mail to Roger and Tammy Macauley,6161 Spanish Oaks Lane,Naples,Florida 34119 this 4 day o fl 2013. M.Jean wson,Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples,Florida 34102 (239)263-8206 • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120002439 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. ROGER&TAMMY MACAULEY,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority,personally appeared John Connetta, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 2e 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to in Violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4825 PG 899. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 12/30/2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: By obtaining all required Collier County Building Permits or Demolition Permit required inspection and certificate of completion/occupancy within 180 days. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of DECEMBER, 2013. COLLIER COUNTY,FLORIDA CODE ENF 0 MEN BOARD JOHN l ETTA Code E .rcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 30TH day of DECEMBER 2013 by JOHN CONNETTA. �_ NOTARY PUBLIC-S T±,TF OF FLORIDA Kerry f ciam5 ('ignature of No ary Public) r 2 Commission#EE003/69 Expires: JUNE 30,2014 BODED TIC L'ATLA':r 1C BONDING CO.,INC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known . DC 1 1/9!12 _- INSTR 4966221 OR 5025 PG 151 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.:CESD20120002439 vs. KONSTANTINE AND MERRILL KOMNINOS, Respondents ORDER O `MOf f IQN OF TIME THIS CAUSE came on for 1 , earing before the Board b *NT 27,2014,on the Respondents' Motion for Extension of Time. kl .. l F .. r O.EFA G` The Respondents reque t ai 21111- q-co ly wi 's Order. , � ORDER OF THE_B1lARD °/ Based upon the foregoing,a3t p` t to the authority grantedtinXhapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as erta r 1a 0 FRED: 1. The Respondents'Motion for Extension of Time is GRANTED for a period of 180 days(September 23,2014). 2. The Respondents shall pay court costs for this hearing in the amount of S63.74 within 30 days(April 26,2014). DONE AND ORDERED this 3\ day of(uCLVC)A ,2014 at Collier County,Florida. ODE ENF••CEMENT 130 State of Florida COLLIER CS T Y 8 DA County of COLLIER M A Y: %. I HEREBY cERtFFY''Ht.this-is a true and •..-rt Kaufm•� SF 2 docurnent 6rVile in 800 .orth Ho•- O .ve correct-cgphk� Board P,Ailutes and-R-9.7-6'r. of °flier County Naples,Florida .- WITNESs-r Y 1•ndandoffitiat"seal this — 2= day of /,. .04 DWIGH ;€:ROOK'CLERK OF COURTS B�, -..,;t;1 ;r' iv 0 *** oR 5025 PG 152 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 33. day of RAY.0-k- , 2014,b obert 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. '�—ALAI �� _ t KAREN G BAILEY NOT'1'Y PUBLIC �f ; MY COMMISSION#EE875121 EXPIRES February 14,2017 My commission expires: ! Fw a.uom Se vice oon )93-0159 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 Qonfrmation-of the satisfaction of the obligations of this Order may also be obtained at this location. �tf - CO, r T APPEAL: Any aggrieved party may/atqa final order of the Btlte Circuit Court within thirty(30)days of the execution of the Order appealed. .n appg�•„shall not be a hearin de ngvo,but shall be Iimited to appellate review of the record created withid the prig_ ea ig. it"is-t sponsi ility'\of the appealing party to obtain a transcribed record of the hearing from the Clerk `Coii Filing\an Appel wi 1 not automatically stay the Board's Order. L pCE1%)8A41j--0-FRIZ,I HEREBY CER TIFY a copy o is en sent by U.S.Mail to Konstantine and Merrill Komnmosr6ish Oaks Lane,Isla les,jFL this 3( day of t.491-CAA., 2014. ` a 1// /�1 >Z1 : awton,Esq. 1' N 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.CESD20120002439 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. KOMNINOS,KONSTANTINE MERRILL KOMNINOS,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Jonathan Musse,Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 26, 2012, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to in violation as stated in the Order recorded in the public records of " Collier County,Florida in OR Book 4825 PG 889 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 25,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation Remains FURTHER AFFIANT SAYETH NOT. DATED this 25th day of September,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Jonath usse Code En ,cement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25th day of September,2014 by Jonathan Musse AQ)\s- c.- (Signature of Notary Public) 4pftY P�P� TERESA TOOLE'4 Y, * MY COMMISSION#FF 059279 t .,� EXPIRES:November 7;2017 (Print/Type/Stamp Commissioned Name of Notary Public) �'' Bonded Thru Budget Notary Services E�c F�`t Personally known\ te -)(p COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEPM20140005585 Hearing Date: 10/23/14 Board of County Commissioners vs. Eli Wallen & Dannie Devol Violation(s): Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI, Property Maintenance Code , Section 22-231(12)(n) Location: 707 94th AVE N,NAPLES, FL; Folio 62766360006 Description: Wooden fence in disrepair. Past Order(s): On August 28, 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 5078 PG 3527, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period between September 28, 2014 to October 23, 2014 (26 days) for a total fine amount of$2,600.00 Fines continue to accrue. Previously assessed operational costs of$63.57 have not been paid. Operational Costs for today's hearing: $62.91 Total Amount to date: $2, 726.48 INSTR 5032851 OR 5078 PG 3527 RECORDED 9/23/2014 4:06 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.:CEPM20140005585 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. ELI WALLEN AND DANNIE DEVOL, Respondents ORDER OF EItOD ENFO C TIT BOARD THIS CAUSE came on for/pub * hearing before the Code Enforce ent Board on August 28, 2014,and the Code Enforcement Board,hav,jh hard to mon nder t�?, recei d evidence, and heard respective to all appropriate matters,thereupon issIes it Findings o � onclustons of L w,a'd Order of the Board,as follows: TlififiG i FO AiX:C 1. Respondents,Eli Wallen Devo3;are t e o'ers if e sti I property. 2. Respondents were notified'a date of hearing by certt Tred a/lid/by posting and the Code Enforcement Board has Sun i tron of this matter. L)/ 3. Respondents,having been duly not' ot-a at`t ae pd'�lic hearing. 4. The real property located at 707 94th Aven , aples,Florida,34108,Folio 62766360006,more particularly described as Lots 24 and 25,Block 58,Unit 5,Naples Park Subdivision,as recorded in Plat Book 3,Page 14 of the Public 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 22-231,sub-section(12)(n)in the following particulars: Wooden fence in disrepair. 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 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: A. Respondents are found guilty of Collier County Code of Laws and Ordinances,Chapter 22,Buildings and Building Regulations,Article VI,Property Maintenance Code,Section 22-231,sub-section(12)(n). B. Respondents must abate the violation by obtaining any/all required Collier County Permits)and inspections through to Certificate of Completion,and repairing or removing wooden fence in accordance OR 5078 PG 3528 with the Collier County Building Code on or before September 27,2014 or a fine of 5100.00 per day will be imposed for each day the violation remains thereafter. C. If 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. D. Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of S63.57on or before September 27,2014. E. 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 c)—• day of ,2014 at Collier County,Florida. CODE ENFORCEMENT BOARD / COLLIERRCCOUNTY,FLO•IDA 0\)' Geraai"d fi."` y ce air / ' 2800 North •. es,oe Drive STATE OF FLORIDA ) >✓ r Naples,Florid 4104 )SS: 1 COUNTY OF COLLIER) The foregoing instrument was act my (9-- �e� da f .,� 2014 y Gerald Lefebvre,Vice C iiir•.f t e Code Enforcemerr:oar f C ll1e{County,Florida,who is personally known to me or`\'°' who has . oduced . mi.:'da river+:s,4cense as identification. ''ss' ' r , KAREN G BAILEY RY PUBLI :••\ : '- MY COMMISSION#E4,2017 `C --' =�'t''�'r� EXPIRES February 14,2x17 \ 5 ye f ji07 ]9 t5] Fto d.NmryS. ice ccm PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order . may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. biate Vi t Idiva County of COLLIER I HEREBY CERTIFY tHAT.this is a true and correct copy of a doctilrtantkifi fite.in Board Mnu'es and Re crtf:/if Collier?Eounty DWIGHT E.BRO6K,CLERKOF'COURTS 4, ',.L.. klev „D.C. 41117 • *** OR 5078 PG 3529 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDR has been sent by U.S.Mail to Eli Wallen and Dannie Devol,707 94th Avenue N.,Naples,FL 34108 this A-day of ,2014. L elan wson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 co3/ 41-E C1-.Y1F-C • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM20140005585 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. WALLEN,ELI DEVOL,DANNIE,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Heinz Box, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on August 28, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [comply with this order] as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5078 PG 3527 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on[9/30/14]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [repairing fence]• FURTHER AFFIANT SAYETH NOT. DATED this [30th] day of[September],2014. COLLIER COUNTY,FLORIDA CODE ENF CE T BOARD ----"\-(---CA c.,4______ Heinz Box Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this day of p-f-eftil t; h 2014 by Heinz Box S.Q<7c- , / R .Q-,, Q-A- ----- (Signature of Notary Public) \1 o'pRY P(Bz TERESA TOOLEY MY COMMISSION r#FF 059279 %% , EXPIRES:November 7.2017 (Print/Type/Stamp Commissioned Name of Notary Public) `ArFOF F`oe\,�'r Bonded Thru Budget{deter Services Personally known CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ELI WALLEN & DANNIE DEVOL Inv. JOHN SANATFEMIA Department Case No. CEPM20140005585 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black& White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 $ 0.04 $1.68 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $11.91 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 Imposition of Fines $62.91 TOTAL OPERATIONAL COSTS: $62.91 P9gicla Co(A) 7 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130008321 Hearing Date: 10/23/14 Board of County Commissioners vs. Antonio Louissaint Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Location: 610 5th St, Immokalee, FL; Folio 134120005 Description: An unpermitted addition being used as living space with a three fixture bathroom to include electric and plumbing. Also installed new windows and doors. all constructed without first obtaining the authorization of the required permit(s), inspections, and certificate(s) of occupancy as required by the Collier County Building Code. 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 159, for more information. The violation has not been abated as of October 23, 2014. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between September 24, 2014 to October 23, 2014 (30 days) for a total fine amount of$ 7,500.00 Fines continue to accrue. Previously assessed operational costs of$64.04 have not been paid. Operational Costs for today's hearing: $63.75 Total Amount to date: $7,627.79 INSTR 4966225 OR 5025 PG 159 RECORDED 4/9/2014 9:22 AM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $44:00— CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.:CESD20130008321 vs. ANTONIO LOUISSAINT, Respondent F 6S (N -1JSIONS OF,/ • ,isID ORDER Ifs b;'U)ARD THIS CAUSE came on for public I) aring' fore-the Board on March 2 201•,and the Board,having heard testimony under oath,received evjtlence,aniltheaud respective-to ill app riat:matters,thereupon issues its Findings of Fact,Conclusions of Law an ,ler t�$*• . as f'allow '�JF 1. That Antonio Louissain is o er b rr f e ub *Fepe 2. That the Code Enforce :oard has I snu diction o • e pe •n o tom` espondent and that the Respondent,having been duly no •ppeared at the public h g an yed into a Stipulation. 3. That the Respondent was n aid+ the date of hearing by mail and by posting. 4. That the real property located at S25t-- orida 34132,Folio 00134120005,more particularly described as: A tract or parcel of • tilt&n iiort'9,Township 47 South,Range 29 East,Collier County,Florida,more particularly described as follows: The South 132.90 feet of the West half(W'/z)of the Northeast one-quarter(NE'/.)of the Southwest one-quarter(SW'/.)of the Northeast one-quarter(NE'/.)of the Northeast one-quarter(NE'/.)of Section 9,Township 47 South,Range 29,Fast,Collier County,Florida,Iess the Westerly 30 feet for road right-of-way. LESS AND EXCEPT: Commencing at the Southeast corner of the South 132.90 feet of the West half(W'/z)of the Northwest one-quarter(NW/)of the Southwest one-quarter(SW'/)of the Northeast one-quarter(NE'/,)of the Northeast one-quarter(NE 1/4)of Section 9,Township 47 South,Range 29 East,Collier County,Florida,thence Northerly along the East line of said fraction of a Section for 116.17 feet to the prolongation of an existing chain fink fence and the point of beginning of the lands herein described,thence continue Northerly along said East line of said fraction of a Section for 16.71 feet•,thence Westerly along the Northerly line of said fraction of a Section for 137.20 feet to the Easterly right-of-way of South 5th Street(60 feet wide);thence Southerly along said Easterly right-of-way for 18.82 feet,to the prolongation of an existing chain link fence;thence,leaving said Easterly right-of-way,Easterly along an existing chain link fence for 13729 feet to the F- sterly line of said fraction of a section and the point of beginning is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(BXIXa)in the following particulars: An unpermitted addition being used as living space with a three fixture bathroom to include electric and plumbing. Also installed new windows and doors all constructed without first obtaining the authorization of the required permits,inspections,and certificates of occupancy as required by the Collier County Building Code. 5. The violation has not been abated as of the date of the public hearing. OR 5025 PG 160 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: I. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(BX1XA). 2. That the Respondent must obtain all required Collier County Building Permits or Demolition Permit, inspections,and Certificate of Completion/Occupancy within 180 days(September 23,2014)or a fine of$250.00 per day will be imposed until the violation is abated. 3. That the Respondent must turn off the utilities for all unpermitted living space within 24 hours(March 28,2014)and the living space is to remain unoccupied until the building permit or demolition permit has received a Certificate of Completion/Occupancy or a f i n e • • ' I I I.rpeda will be imposed until the violation is abated. 4. If the Respondent fails to coy lig 3diZ of ier County Code Enforcement Department may abate the violation using any methed r4ng a violation in dance. If necessary,the County may request the services of the Collier Colin rifI's Office for the p pse o accessing the property for abatement. All costs of abatement shall be assOsed inst-th re rOperty. \ 5. The Respondent is o •e , to y operatlon�i o is inc u in the prosecution of this Case in the amount of$64.04 wi in 3 �Oay.jAp ,2c. 4 . \\` 6. Respondent shall n•tify e ' n�oe .e ve _. •r `�• in 4 hours of abatement or compliance so that a final inspec ion a be rfc�rm d r• • + •i•• • 1 ce. DONE AND ORDERE a Oi• 1 clay of L '►r,, 20 4 at ' 6]].i r County,Florida. • COPE ` •"p !t !:s• • D •LLIE' l •lb, P.44r LORIDA .rte* 0 �.r�a r j ..:'6 It- aufman,d 2800 North Ho ( • Drive Napl• ,Flori•. 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore oing instrument was acknowledged before me this 3l day of i\ACY , 2014 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has p uced a F •i da Drivgr's License as identification. NOTA Y PUBLIC ' ' / •REN G BAILEY '� MY COMMISSION#EE875121 My commission expires ? �.` : * • EXPIRES February 14,2017 oar)395-015] Fb.idsWtaryse'�corn PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,fax#(239)252-2343. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. OR 5025 PG 161 ' ----.... 1_ R Cotix scr".1\\ • ...---... . 0 EC 0 1.3 \ r _ sta ..710 p .."--, -' ee'-'- . '',... • le, RTIFIeJ):16:111tp.isalwe- nd, ._.._ ‘-a.t.C:u.A,...Nt%ft.iiI6 in —14E Cli% to' ..—t 2 t§581..this Z....: • __ELiday:.:14-0116ViAlq14—:v..: ,`7.. DWIGHT E.13"OcR,CCERK CIRCOLIRT I . .....- ..... •...-..o. _74 "/ " II:PA Act •. • , IRV 1 6 ... OR 5025 PG 162 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 Antonio Louissaint,P.O.Box 501,Immokalee,Florida 34143 this,3 day of WAci(t..A ,2014. • M.Je Rawson,Esq. Florida Bar No.750311 r the Code Enforcement Board 81G ...� ett oad N.,Ste.210 /6 ` japles, `102 ' (29)263-820 , C.--10rjr—I? '77 PIT T � / *** OR 5025 PG 163 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20130008321 Antonio Loussaint i Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Antonio Loussaint, on behalf of himself enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130008321 dated the 28th day of June, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 27, 2014; to promote efficiency in the administration of the code enforcement process; and to obtain a quick n��tii resolution of the matters outlined therein the parties hereto agree as follows: r 1) The violations noted in the reference' e- of Violatio 1C rate and I stipulate to their existence. THEREFORE, it is agreed between t/fre pa ie�s h that t\ e Responden -hal\`` 1) Pay operational costs in the+am.. nth f`$54.04 ' cu?d in the •rostcution of this case within 30 days of this hearing. __` 2) Abate all violations by: Obcaini g Ii=gL4re Ili o,n ..7' ildi g Permits(s) or Demolition N.Permit, inspections, and C =t of o p ti cup. .c wi hin days of this hearing or I a fine of$250.00 per day wi I i e n'I'fh vielatio•-'s--I /F° 3) Turning off utilities for all un ; tted living space wi ' 24 ho r`p this hearing and remaining unoccupied until the build' ggpermit or demolitio se m s received a certificate of completion/occupancy or a fin 0.00 per day will �-' 0 until the violation is abated. 4) Respondent must notify Code r ennt_within 2�o 9f abatement of the violation and request the Investigator perform a site inspd Ior tg fig It be. I (24 taus notice shall be by phone or tax and made dunnig the g-che o u ga. 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 toga o ay� I 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. e„...(..__,- * `J`' Respondent or Representative(sign) for Jeff Wright, Director Code Enforcement Department 4- (Antonio Loussaint) ' e J Q.o t I L-1 Respondent ofJRepres�tative (print) Date ' '. Witness esti - Fr; sios ( ign) ;' • / • , f l lCi Witness Jesula_E sins (Print) i•-.5-e—I‘U•\It I Date I,Jesula Fransois, daughter or Antonio L saint, translated this document to my father and witnessed his signature symbol. Initials: REV 1213013 COLLIER COUNTY,FLORIDA CS I tt e u _BOARD CEB CASE NO.CESD20130008321 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. - LOUISSAINT,ANTONIO,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 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 obtain all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 180 days (September 23, 2014) as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5025 PG 159 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 25,2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent failed obtain all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 180 days (September 23,2014). FURTHER AFFIANT SAYETH NOT. DATED this 25 day of September,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Maria Rodriguez ' Code Enforcement O/scial STATE OF FLORIDA COUNTY OF COLLIER 44 ,,,, 1'•t-c-n1bL� Sworn to(or affii•med)a subscribed before me this�� day of tt ,2014 by Maria Rodriguez (Sig azure of Notary P folic)) ? ;� c l \ �' �oti�av Posen pLAMAR FINNEGAN MY COMMISSION It EE 1�i058 (Print/Type/Stamp Commissioned Name fNotaiy Public) a .. * EXPIRES:April20,201b "r F F4pP�°� Bonded Thru Budget Notary Services Personally known -\' CEB Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. ANTONIO LOUISSAINT Inv. Maria Rodriguez Department Case No. CESD20130008321 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Black & White 0 12 $ 0.04 $0.00 Color 0 12 $ 0.04 $0.00 Three-Hole Punch 0 $ 1.81 $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 6 12 $ 0.04 $2.52 Color 12 $ 0.04 $0.42 Three-Hole Punch 1 $ 1.81 $1.81 Mail 1 $ 8.00 $8.00 International Mail RRR 0 $ 21.05 $0.00 Total $12.75 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 Imposition of Fines $63.75 TOTAL OPERATIONAL COSTS: $63.75