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CEB Agenda 05/28/2015 CODE ENFORCEMENT BOARD MEETING AGENDA MAY 28, 2015 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: May 28,2015 at 9:00 A.M. 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 Ron Doino Gerald Lefebvre,Vice Chair James Lavinski Lionel L' Esperance Robert Ashton Tony Marino Lisa Chapman Bushnell,Alternate Sue Curley,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. APRIL 23,2015 Hearing 5. PUBLIC HEARINGS/MOTIONS A. Motions Motion for Continuance 1 Motion for Extension of Time 1. CASE NO: CESD20140015359 OWNER: BERNARDO BARNHART OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06 (B)(1)(A).A COMMERCIAL BUILDING ALTERED AND ADDED TO WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMIT(S),INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 25630440002 VIOLATION ADDRESS: 208 BOSTON AVE, IMMOKALEE B. Stipulations B. Hearings 1. CASE NO: CELU20150001475 OWNER: BARRY NICHOLLS,PARADISE GEMS&FINE JEWELRY OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 26,ARTICLE 1, SECTION 26-1(B)(4).COMMERCIAL USE OF THE COUNTY RIGHT OF WAY. FOLIO NO: COUNTY RIGHT OF WAY(NO FOLIO NUMBER) VIOLATION ADDRESS: SOUTHWEST CORNER OF PINE RIDGE/AIRPORT RD,AND NORTHEAST CORNER OF AIRPORT/PINE RIDGE RIGHT OF WAY,NAPLES 2. CASE NO: CELU20150001259 OWNER: NAPLES DESIGNER SERVICES,OWNER PHIL WEST OFFICER: INVESTIGATOR STEPHEN ATHEY VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 26,ARTICLE 1, SECTION 26-1(B)(4).COMMERCIAL USE OF THE COUNTY RIGHT OF WAY. FOLIO NO: COUNTY RIGHT OF WAY(NO FOLIO NUMBER). VIOLATION ADDRESS: NORTH/WEST CORNER OF AIRPORT RD/TRADE CENTER WAY(RIGHT OF WAY) AIRPORT/PINE RIDGE RIGHT OF WAY,NAPLES 3. CASE NO: CELU20150005363 OWNER: LIBERTY TAX SERVICE,OWNER CHRIS AUTRY OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 26 BUSINESSES, ARTICLE 1, SECTION 26-1(B)(1)(3)(4).COMMERCIAL USE OF THE PUBLIC RIGHT OF WAY. FOLIO NO: COUNTY RIGHT OF WAY(NO FOLIO NUMBER). VIOLATION ADDRESS: INTERSECTION OF GOLDEN GATE PARKWAY AND 53RD ST SW,NAPLES 2 4. CASE NO: CESD20140017894 OWNER: JOSE F GARCIA OFFICER: INVESTIGATOR TONY ASARO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06 (B)(1)(A).INCOMPLETE HOME. FOLIO NO: 40420400004 VIOLATION ADDRESS: 2087 DESOTO BLVD N,NAPLES 5. CASE NO: CEOCC20150001572 OWNER: ELIZABETH LAVIN OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 5.02.03(C) 5.02.03(F)AND 5.02.03(I).EMPLOYEES PICKING UP AND DROPPING OFF WORK VEHICLES, GOODS AND MATERIALS BEING DELIVERED,SAW AND OTHER EQUIPMENTS BEING RUN THROUGHOUT THE DAY FOR BUSINESS PURPOSES,STORING MATERIALS OUTSIDE. FOLIO NO: 38397880002 VIOLATION ADDRESS: 5010 TALLOWOOD WAY,NAPLES 6. CASE NO: CELU20150004921 OWNER: ROSELENE ELOI OFFICER: INVESTIGATOR JAMES KINCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 2.02.03 AND 4.05.03(A).AUTOMOTIVE REPAIR ACTIVITY AND VEHICLES PARKED ON THE GRASS OF IMPROVED RESIDENTIAL ZONED PROPERTY. FOLIO NO: 62205600007 VIOLATION ADDRESS: 5361 HOLLAND ST,NAPLES 7. CASE NO: CESD20140022228 OWNER: NANCY SIMMONS OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A).EXISTING ENCLOSURE ON THE GROUND FLOOR OF THE DWELLING WITHOUT FIRST OBTAINING THE REQUIRED PERMIT(S),INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION. FOLIO NO: 46470440005 VIOLATION ADDRESS: 685 PALM AVE,GOODLAND 8. CASE NO: CES20150002111 OWNER: NAZDAR INC OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION(S)5.06.10(D),5.06.10(E).ABANDONED SIGN STRUCTURE.RELATED BUILDINGS AND/OR STRUCTURES ON PROPERTY DEMOLISHED IN 2012.REFERENCE PERMIT PRB20121124459. FOLIO NO: 26880200101 VIOLATION ADDRESS: 1841 FREDERICK ST,NAPLES 3 9. CASE NO: CESD20140023599 OWNER: CHRISTOPHER TOMEI&LENORE BRAKEFIELD TOMEI&JEANINE H.BRAKEFIELD OFFICER: INVESTIGATOR MICHAEL ODOM VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 5.03.06(E)(5)TYPES OF CONFORMITIES.VESSEL/FLOATING DOCK DOES NOT MEET REQUIRED 15 FOOT SETBACK FOR LOT WITH WATER FRONTAGE OF 60 FEET OR GREATER. FOLIO NO: 52391560003 VIOLATION ADDRESS: 140 CAPRI BLVD,NAPLES 10. CASE NO: CELU20150002426 OWNER: ROGER J GEMMEN M.D.TRUST OFFICER: INVESTIGATOR JAMES K1NCAID VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03 UNPERMITTED VEHICLE SALES AND TRAILER RENTALS FROM C4 ZONED PROPERTY. FOLIO NO: 62250160000 VIOLATION ADDRESS: 11315 TAMIAMI TRAIL EAST,NAPLES 11. CASE NO: CEVR20140016015 OWNER: NATURE POINTE HOMEOWNERS ASSOCIATION INC OFFICER: INVESTIGATOR DAVID JONES VIOLATIONS: COLLIER COUNTY ORDINANCE 85-71 6.06(C).PRESENCE OF AUSTRALIAN PINES WITHIN FDEP CONSERVATION EASEMENT WITHIN BOUNDARY OF NATURE POINTE PUD. FOLIO NO: 63770000458 VIOLATION ADDRESS: NO SITE ADDRESS,NAPLES 12. CASE NO: CESD20140004241 OWNER: NKY ACQUISITIONS LLC OFFICER: INVESTIGATOR MICHELE MCGONAGLE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 10.02.06(B)(1XE).MAJOR RE-MODELING TO INTERIOR OF STRUCTURE INCLUDING FRAMING,PLUMBING,ELECTRICAL RENOVATION AND/OR REPLACEMENT WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY PERMIT. FOLIO NO: 62760840001 VIOLATION ADDRESS: 795 102ND AVE N,NAPLES C. Motion for Reduction of Fines/Lien. 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 4 1. CASE NO: CELU20100021891 OWNER: KENNETH R TANNASSEE SR OFFICER: INVESTIGATOR COLLEEN DAVIDSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 1.04.01(A)AND SECTION 2.02.03.ACCESSORY STRUCTURE ON THE PROPERTY WITHOUT A PRINCIPAL STRUCTURE ON THE SAME LOT. FOLIO NO: 37925940001 VIOLATION ADDRESS: 4790 PINE RIDGE RD,NAPLES,FL 2. CASE NO: CESD20120002439 OWNER: KONSTANTINE KOMNINOS&MERRILL KOMNINOS, OFFICER: INVESTIGATOR JONATHAN MUSSE 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 3. CASE NO: CESD20100006940 OWNER: MICHAEL FACUNDO&AMY FACUNDO 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 4. CASE NO: CESD20130019399 OWNER: DOROTHY K GILL OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTIONS 10.02.06(B)(1)(A)AND 10.02.06(B)(1)(E),AND COLLIER COUNTY CODE OF LAWS,CHAPTER 22,ARTICLE II,SECTION 22-26(B)(104.5.1.4.4).TWO UNPERMITTED SHEDS ON RIGHT SIDE OF PROPERTY,POSSIBLE GARAGE CONVERSION AND ATTIC CONVERSION TO SMALL APARTMENTS AND THE STAIRCASE MOVED TO RIGHT SIDE OF THE STRUCTURE FROM REAR OF THE PROPERTY. FOLIO NO: 36455080005 VIOLATION ADDRESS: 5009 31ST AVE SW,NAPLES 5 5. CASE NO: CESD20140021849 OWNER: GEORGE J SORBARA&JENNIFER TARVIN SORBARA OFFICER: INVESTIGATOR DEE PULSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 2,ARTICLE IX, COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(A).PERMIT 2007060198 FOR POOL AND FOR FENCE NEVER RECEIVED CERTIFICATE OF COMPLETION. FOLIO NO: 24021600009 VIOLATION ADDRESS: 151 BURNING TREE DR,NAPLES 6. CASE NO: CESD20120000572 OWNER: JUAN CAMPBELL&NORA CARRILLO OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).BUILDING PERMIT EXPIRED WITHOUT THE COMPLETION OF ALL RELATED INSPECTIONS AND ISSUANCE OF A CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 63912040001 VIOLATION ADDRESS: 1101 N 11TH ST,IMMOKALEE 7. CASE NO: CESD20140005957 OWNER: YISLEN DE LA 0&ROESMEL RUA OFFICER: INVESTIGATOR JOSEPH GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTIONS 10.02.06(B)(1)(A), 10.02.06(B)(1)(E),AND 10.02.06(B)(1)(E)(I).BUILDING A REAR DOCK, WITHOUT THE PROPER COLLIER COUNTY PERMITS. FOLIO NO: 36451600007 VIOLATION ADDRESS: 2883 50TH TER SW,NAPLES 8. CASE NO: CELU20140016851 OWNER: PETER HELFF OFFICER: INVESTIGATOR RALPH BOSA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 1.04.01 (A) AND SECTION 2.02.03.PROHIBITED STORAGE OF RECREATIONAL VEHICLE ON THE PROPERTY NOT OWNED BY THE PROPERTY OWNER. FOLIO NO: 45965080007 VIOLATION ADDRESS: 2080 21ST ST SW,NAPLES B. Motion to Rescind Previously Issued Order C. Motion to Amend Previously Issued Order 7. NEW BUSINESS 6 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 9. REPORTS 1. CASE NO: CESD20140012494 OWNER: LYNNE V CADENHEAD OFFICER: INVESTIGATOR SHIRLEY GARCIA VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 22,ARTICLE VI, SECTION 22-236 AND COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).A PRIMARY STRUCTURE WITH UNPERMITTED ALTERATIONS IN POOR CONDITION AND AN UNPERMITTED TWO-STORY STORAGE STRUCTURE IN POOR CONDITION. FOLIO NO: 74413200009 VIOLATION ADDRESS: 3417 CHEROKEE ST,NAPLES 10. COMMENTS 11. NEXT MEETING DATE- June 30,2015 12. ADJOURN 7 BOARD OF COUNTY COMMISSIONERS CODE ENFORCEMENT, Case: CESD20140015359 • - COLLIER COUNTY, FLORIDA Code Enforcement Board - COLLIER COUNTY,FLORIDA, Plaintiff, vs. . BERNARDO BARNHART Respondent(s) NOTICE OF HEARING RE: MOTION FOR EXTENSION OF TIME PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06 (B)(1)(a). LOCATION OF VIOLATION:208 Boston AVE,_Immokalee SERVED: BERNARDO. BARNHART, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the'testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. . Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY 1MH0 NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-N00;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicadones de este evento.Por favor taiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini extol(yon intepret pou pale pou-ou. • SanRomanAnisley "rom: MuchaJoseph ,ent: Tuesday, May 05, 2015 11:55 AM To: AdamsKerry Cc: .SanRomanAnisley; MoradEd; bbarnhart @firstlbank.com Subject: FW: Case CESD20140015359 Hi Kerry, Please see Mr. Barnhart's extension request below. Would this make it on the next CEB agenda May 28th? Thanks From: Bernardo Barnhart[mailto:bbarnhart(afirstlbank.com] Sent: Tuesday, May 05, 2015 10:52 AM To: MuchaJoseph Subject: RE: Case CESD20140015359 Mr.Joseph, I became the owner of the subject property on April 8, 2015. I will need an extension on fixing the violation with code. As of now, I have hired a builder, Manuel Padilla, Inc.,who has since submitted for a demo permit.The permit should be in within the next 15 business days. I don't want to cut myself short,so I believe additional 30 days will be more than enough time to complete the project. Bernardo Barnhart Vice President 591300 N. 15th Street,Suite 2 Immokalee,FL 34142 P.O.Box 3296 Immokalee,FL 34143 (239) 239-229-36971 (239) 658-0702 bbarnhart@firstlbank.com First Bank mar a7,:r. Stira:0 OW From: MuchaJoseph [rnailto:JosephMuchaacolliergov.net] Sent:Tuesday, May 05, 2015 10:47 AM To: Bernardo Barnhart Subject: Case CESD20140015359 Mr. Barnhart, Please reply back to this message requesting an extension of time in regards to the above case. I will forward on your reply to the administrative secretary so it can be put on the next Code Enforcement Board agenda. Thanks, Jae JV)ucft a Tnvestigative Supervisor „ode Enforcement Division 239-252-2452 Office 239-252-3920 Fax 1 INSTR 5081497 OR 5118 PG 2284 RECORDED 2/6/2015 9:34 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20140015359 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. CHILE CALIENTE,LLC., Respondent. / ORDER OF T-Ilt( --j---E JI OE_ .ENT BOARD THIS CAUSE came on for pub! 9atore the Cade En � nt Board on January 22,2015,and the Code Enforcement Board,havin h d t der oath,received vide k ce and heard ar ument res ective to g g P all appropriate matters,hereupon is les Ft ' s o c"t and 'der of tR Co a Enforcement Board,as follows: 1. Respondent, Chile Calie ;tt 1i<N.L. r e.AJvrr of e sublet ro thty. 2. Respondent was notified ate of hearing by certi e m l dlai ting and the Code Enforcement Board has jurisdiction of thR r. 1 3. At the hearing,the Respondent, i i fir'ts represe�ntativ ac- 'allegos,entered into a Stipulation, which is attached hereto as Exhibi ' a 'Sli ` r( opted as an Order of the Code Enforcement Board and the Respondent is Ordered[takty. L 4. The real property located at 208 Boston Avenue,Immokalee,FL,Folio#25630440002(Legal Description: Carson Add BLK 8 WI/2 of Lot 1 and all of Lots 2,3&4,Less W 2FT of Lot 4),is in violation of Collier County Land Development Code 04-41, as Amended, Section 10.02.06(B)(1)(A) in the following particulars: A commercial Building altered and added to without first obtaining the authorization of the required permit(s),inspections and certificate of occupancy. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,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 is found guilty of violating Collier County Land Development Code 04-41,as Amended, Section 10.02.06(B)(1)(A). 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 May 22,2015 or a fine of 5200.00 per day will be imposed for each day the violation remains thereafter. OR 5118 PG 2285 • 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 Sheriffs 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 operational costs for the prosecution of this case in the amount of S65.85 on or before February 21, 2015. E. Respondent shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may may be performed to confirm compliance. DONE AND ORDERED this pt day of Ft ,2015 at Collier County,Florida. ••. MENT BOARD COLLIER CO ,FLORIDA STATE OF FLORIDA ) 2'.1 MG a , ses i- rive 'aples, is 1s- '104 J )SS: . _ COUNTY OF COLLIER) The foregoing instrument was ac If owl _ • b-fort th _ r. .. _;CID , 2015, y Robert Kaufman,Chair of th 'o•e • .or erne t Bb: • o i- nun, ,Florida,who is V personally known to me o ho as ro o i•_ + �Li y . . ' . '•, (� a :; '•• REN G BAILEY Y COMMISSION#EE875121 NOT'RY BL C Imo! R;, EXPIRES February 14.2017 •My commi on -xp3re i+ ia�r ,Q 4'c FIatEOWtarySr.ice can PAYMENT OF FINES: Any f i n e s or. . .- .aid pursua• 4ot6 rder may be paid at the Collier County Code Enforcement Department,2800 No ` .or #t�- �r is 34104,Phone:(239)252-2440,Website: www.colliergov.net, Any release of lien or con •r ion'ofl•� •rFtlslt nce or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correc ., . th- ORDER„bas,been sent by U. S. Mail to Chile Caliente,L.L.C.,208 Boston Ave.,Immokalee,FL :4 " day of ,2015. 1'1 State of Florida "Ara Lsne Nicola,Es. e County of COLLIER •rida Bar No.968900 • riT Y�,-�� ' Attorney for the Code Enforcement Board I HEREBY OE=rTIFY tHAt.ifjis is a true and 681 Goodlette Road N.,Ste.210 correct rapy.ef a-dca-9.1.61i.ifIti•in Naples,Florida 34012 Board ir`. u?eS d o*_dspf.Co!:terCounty (239)261-6909 WI Jti ;my nrf and.oi cial this 5 y of 0(tt¢ yaot S` WIGHT. WHO;K CLERY;OF COURTS aOJ•,T'f,' / D.C. :/ *** OR 5118 PG 2286 *** Jk 5 e BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20140015359 Chile Caliente LLC C/O Jacob Gallegos Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jacob Gallegos, on behalf of himself and as representative for Respondent Chile Caliente enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CESD20140000153;9 dated the 12 day of August,2014. in consideration of the disposition and resolutiets of the rmatters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for J-2Z-J5 0 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 Notiic ot;.�o re accurate and I stipulate to their existence. THEREFORE, it is agreed between the p �. e Respo et- �s a11, Cl):;11 'Pay operational costs in the arr� unSfa�$- in, ncurre�• in th-^ros cation of this case within 30 days of this hearing. '/ I/ 2) Abate all violations by: ObtaiOing•. , 4),i-� ` '.is,_, dy;.4i ittl'n 120 days of this hearing date or a fine of$200 a day 411 b4 i pon d u til : atrf n abatdd.f. 3) Respondent must notify Cod ?n oe -men'tavi i • our o -.b tpment of the violation and request the Investigator perform a site ction to confirm colt ce / • (24 hours notice shall be by phone or fax and made t1tf workweek tithe violation is .4 d 2 •T f to a Saturday.Sunday or legal holiday,then the notification must be made on the next day that is not Tip unday or legal holiday.) i 1 4) That if the Respondent fails to aba ielation the+n�, y abate the violation using any method to bring the violation into compliance �.� s t� ls-+ ance of the Collier County Sheriff's Office , to enforce the provisions of this agreement andalosts of abatement shall be assessed to the property owner. e).±....,P.....,2r T i=ndent or '�epresentati - (sign - tr Jeff Wright, Director Code Enforcement Department • Respondent or Representative ( Tint) bate 1 7 C)./c: 6 7 ff 5/' • , Date • •' REV 1213013 INSTR 5105600 OR 5138 PG 1064 RECORDED 4/9/2015 9:21 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $0.70 REC $18.50 WARRANTY DEED THIS INDENTURE, Made this 8 day of 2015,Between Chili Caliente LLC,a Florida Limited Liability Company,whose ost office address 614 New Market Road, Immokalee FL 34142 of the County of Collier,hereinafter known as Grantor;and Bernardo Barnhart,a married man whose mailing address is:3751 SR 29,Immokalee FL 34142,County of Collier, hereinafter known as Grantee; KNOW ALL MEN BY THESE PRESENTS THAT,for and in consideration of the sum of S10 DOLLARS the receipt and sufficiency of which is hereby acknowledged,CHILI CALIENTE LLC,("Grantor")hereby conveys,sells,and grants to BERNARDO BARNHART,("Grantee") and Grantee's heirs and assigns forever,all of Grantor's right,title, interest, and claim,and subject to all easements,encumbrances,protective covenants,rights-of-way,mineral rights,and other conditions and restrictions,if any • re:a ing described real estate (the"Property"): ® � Legal Description:The West de t I,and all of is 3,and 4,Less the West 12 feet of Lot 4,Block 8,Carso 's dcca rdm . the pat thereof recorded in Plat Book I,Page 33,Public Re•or. 1 ' • Grantor hereby covenants as . .. t i�T ` r•y key.. i a 1 et f the Property in fee simple,that Grantor has goo•ttt to sell the Propert hat ra g.nd Grantor's successors and assigns will warrant and fore - end Grantee and -'$=1-te-'s r: and assigns against all lawful claims on title to the Pro , .nd that the Propert• -- from all encumbrances and other restrictions unless otherwise.4--. ,-low. 1S. The property appraiser's parcel identificatio .--. of the property is: 25630440002 and said grantor does hereby fully warrant the title to said land,and will defend the same against the lawful claims of any and all persons whomsoever. IN WITNESS WHEREOF,the First party has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed,by its proper officer thereunto duly authorized,this S day of •r ,2015. Iaco Gallegos, .. President CHILI CALIENTE LLC,a Florida Limited Liabil Company WITNESSES: ed Name • �1� Signed Name ' ezf)'C 0/Zief ea-C i 6-e 6CCC Printed Name Printed Name Page l of 2 Prepared by:Maria Elena O'Neill,Esq.1300 North 15th St.,Suite 2,Immokalee,FL 34142 *** OR 5138 PG 1065 *** WARRANTY DEED State of Florida, County of Collier The foregoing instrument is acknowledged before me on this E3 day of 402t L. ,2015 by Jacob Gallegos who is personally known to me or who has/have produced ?Lal4 Aq D.1 . as identification and did take an oath. Witness my signature and official seal in the above state and county. My commission e •fires 1 Z7I/ ?- Notary Public (Affix Notary Seal) if l 1 ' I r, .'..-ji'' - I::*•:� 9ustp�?� • -'`v• //��olllll' �� \`` r 2 Cl C • • Page 2 of 2 Prepared by:Maria Elena O'Neill,Esq.1300 North 15th St.,Suite 2,Immokalee,FL 34142 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20150001475 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BARRY NICHOLLS, PARADISE GEMS & FINE JEWELRY, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Code Laws, Chapter 26, Article 1, Section 26-1(b)(1)(4). LOCATION OF VIOLATION: Southwest Corner of Pine Ridge/Airport Rd, and North East Corner of Airport/Pine Ridge right of way, Naples.. • SERVED: - BARRY NICHOLLS, PARADISE GEMS & FINE JEWELRY, Respondent Stephen Athey, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that-the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thieteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive . Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-5500;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20150001475 Barry Nicholls,Paradise Gems&Fine Jewelry,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances, Chapter 26,Article 1, Section 26-1(b)(4). 2. Description of Violation: Commercial Use of the County Right of Way 3. Location/address where violation exists: S/W Corner of Pine Ridge/Airport Rd, and N/E Corner of Airport/Pine Ridge(ROW) 4. Name and address of owner/person in charge of violation location: Paradise Gems and Fine Jewelry Owner Barry Nicholls,5455 Airport Rd,Naples Fl 34109 5. Date violation first observed: January 27,2015 6. Date owner/person in charge given Notice of Violation: January 27,2015 7. Date on/by which violation to be corrected:January 28, 2015 8. Date of re-inspection: February 20,2015 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 pub ' ear-in:. Dated this day of��, 2015 r I� Ste e A. ey ode Enforce/s igator STATE OF FLORIDA i COUNTY OF COLLIER < "` , DELICIA PULSE t•• . ;vases .1 s.as before MY COMMISSION#FF197271 "ir efore this_day of�rpf 1,2015 by ‘■ EXPIRES:February 08,2019 (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known k"--------or produced identification Type of identification produced REV 1-2-15 Case Number: CELU20150001475 Date:January 27,2015 Investigator:Stephen Athey Phone:2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Barry Nicholls Paradise Gems& Fine Jewelry 5455 Airport Rd Naples, Fl 34109 Location: Folio 240440006 Unincorporated Collier County Zoning Dist: Property Legal Description: 11 49 25 COMM SE CNR SEC 11, S 89 DEG W 1323.65FT, N 67.51FT, N 89 DEG E 424.23FTTO POB, N 01 DEG E 1110.76FT, Folio:240440006 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: Businesses. Roadside Stands. Collier County Code of Laws and Ordinances, Chapter 26,Article I, Section 26-1(b)(4) ... it shall be a violation of this article for any unauthorized person to: (4)Make any commercial use of the public right-of-way or other public place including placement of commercially related signs.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Commercial Use of the County Right of Way, human directional displaying signs in county right of way to advertise business. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must cease all roadside sales/solicitations that do not meet the requirements of section 26-1 of the Collier County Code of Laws and Ordinances ON OR BEFORE: 1-28-15 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 0,4 Phone: 239 252-2440 FAX: 239 252-2343 Stephen Athey 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: CELU20150001475 Respondent(s): • Barry Nicholls Paradise Gems&Fine Jewelry 5455 Airport Rd Naples,FI 34109 THE DESCRIPTION OF THE DOCUMENTS)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 Ste ph_ ��(s)for the Code Enforcement Official,.hereby swear and affirm that I have personally posted the ab oveedescribed document(s)for the above respondent(s)at 5455 Airport Rd,on Ihok lee Courthouse.215 ( te),at 4:3 Cou rthouse(Time), and at the X Co11i- County Courtho _ e. (Signature of .{e E orce dal) Stephen ` STATE OF FLORIDA COUNTY OF COLLIER Sworn to.or affirmed)a • u•- ribed bef•rg me this day of ►► ,2015 by Stephen Athey(Name o perso makin• sta ement) 4 j (Signature of Notacy gubtic) NE DAY MY MANSION t FFO4 477 lt=* E)CPIRES;AttgtsSt 2S,2(117 r� o kidadrtnafkAk1 t?`Servias (Print,type or stamp Commissioned Name of Notary Public) " ersonaily known Produced identification Type of identification produced , . .,.;• : 23 0 ii co 1- to 73 ta ta 0 Do 2 Do 42 t 0 tti , 6 "--E -• ; -rDe, cl . ., . . .., ::::i 2 • - u4 — 2 n) e izi Ili DOO — tr • I— 2. ; .. cif . ...91 e S' .-. ..-R la- 4 ILI o us -.Tit c. 8 ,71-7 Z 'IP x .11 .t-• ' i I= cc • C3 A"- CP J ' .,...-.---(..) 0- ' .2., ,..u,,'4.-...-.:• ;,. ;. M ..II — ..c5 rli e E ‘-- , ..... _. < E co . . o 0 ..... CD 0 , r" ., . .... a) : - k 0 (t)4-• 0-C ,?-% -") C.) co-0 g—-.- di '. kJ Z C) - • ■ V) . ..X ,.. ' in Li . , --, -0. a) ti, 0 0, .--..- (,) • 'qr.': 05 cr) za 1— ta r) CD '-.1:$11-- -a ° 0 ,e't "t Cr) 12. - C ,-. ID _z E' E LI" -C '`j ° 4, Of r•- ....- - - •,.. .... 1.-- ' 1 (11) ri) co o 0 o t1 c) ..0 w CL LL _fa t 0 a . uf • = "- •- z co t 0 'zi E , CC {:L-4- >,,Vs'- •' e: _I C-. CO Lr) —c-1. i .,,,U1- E E 4E'f, g 5 .0' W " " In •"'-' "6 ..... 0 wc0.... a- •C . . ti- ' ' ci CI- . „. 6r) • n is ' – . -—- ....... • • . • .. •,_ .... z .•. .. * " ... . —4 CD spy 4°'mil. Cn t:. . 11 fl."� rn 4. . t : ,.a = f "�F"�•.2-.� =..,=° . . to ` Vii $4. a. S■1011111■100.111R E. W. -care,T. . .A. cu ro p vs— v DI t Collier County,FL Code of Ordinances Page 1 of 6 Sec. 26-1. - Roadside stands. (a) Definitions. The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Public place means areas or properties owned by governmental agencies or dedicated to or reserved for the use of members of the public, and shall include but not be limited to airports, schools, parks, boatramps, playgrounds, libraries and other county governmental facilities. (2) Public right-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commissioners, used or occupied or intended to be used or occupied by a street, driveway/access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, bikeway, or for similar special public use. (3) Vending machine means self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for dispensing of any retail goods,food or beverage products. (b) Preventing use of public areas as commercial locations.To prevent the use of public streets or public places as permanent, semi-permanent or temporary commercial locations, except when otherwise authorized by this article or the board of county commissioners, it shall be a violation of this article for any unauthorized person to: (1) Sell goods, merchandise, property or services,whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right-of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writing to do so by the county, and where the county has only easement interest, such person must also be specifically permitted in writing to do so by the legal title holder of the underlying real property that is subject to the county's easement. (2) Park or stop any motorized or trailer vehicle, pushcart or animal-drawn conveyance in any public right-of-way or in any public place for the purpose of making or soliciting sales. (3) Sell, solicit sales,vend, or serve any goods, merchandise, property or service by any means, including the use of vending machines. In the public rights-of-way or other public place, or for any person to station himself:or operate any roadside stand or establishment within the public right-of-way or other public place. (4) Make any commercial use of the public right-of-way or other public place, including placement of commercially related signs. (5) Sell or display for sale vehicles in the public right-of-way or other public place. (6) Be within the outermost edges of a road right-of-way when the road is open to traffic,to display advertising(excluding hand-held political speech signage off the traveled road); or to conduct any business or commerce; or to attach anything to any vehicle; or to distribute anything to, or accept anything from, any person, including any occupant of any vehicle being operated on (or parked on)the road right-of-way. (7) In-the-road sales, in-the-road distributions, roadside sales or roadside distributions except as Collier County, FL Code of Ordinances Page 2 of 6 authorized by the county to be conducted only when the road is temporarily closed to vehicular traffic. (c) Exceptions.The following authorized uses are excluded from this section: (1) Newsrack placement within a public right-of-way shall comply with chapter 110, article III. (2) Vendors or businesses having current county licenses who make frequent stops for the purpose of making a sale or pickup/drop-off of persons and then continue neighborhood travel upon the road rights-of-way(i.e., ice cream vehicle,trollies, cabs). (3) Emergency service or repair vehicles rendering service or repair to any disabled vehicle. (4) A person who has a franchise from, contracted with, or has otherwise been authorized by the board of county commissioners to sell goods, merchandise or services within a public right- of-way or other public place. (5) A vehicle may be displayed for sale upon public property when that vehicle is: a. Driven by the public or private sector and/or employees of governmental agencies when conducting business at the public site during normal business hours. b. Driven by an individual who is using the boat ramp or park site facilities. c. Being sold in conjunction with a governmental auction. (6) Charitable Solicitations at Traveled Road Intersections. a. In this subsection, "Road" means all geographic areas between the two exterior-most edges of paved or unpaved surfaces available for and being used for vehicular travel or parking, including medians and shoulders.All public and private roads, including roads separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets, highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the-road parking of motor vehicles. This subsection applies to all roads over which Collier County then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the traveled road to interact with any operator or occupant of any vehicle being operated on the road, including each supervisor while the supervisor is on the traveled road surface. "Participant" includes the permit applicant each pedestrian, each supervisor, and every other individual associated with the applicant and who is in the road during any of the subject in-the-road activities. b. A one-time per calendar year permit only to solicit charitable contributions at road intersections in unincorporated Collier County then open to vehicular traffic may be _ acquired from the Collier County Transportation Department, subject to continued compliance with all of the following: 1. Eligible Permit Applicants.The applicant must be federal income tax exempt under the United States Internal Revenue Code and must be registered as a solicitor of contributions pursuant to F.S. ch. 496, or have an annual letter of exemption issued to the applicant pursuant to that Chapter. 2. Permit Application. (i) There shall be no fee for the permit.The applicant shall submit to the complete, executed standard application form to the County's Transportation Department. Collier County,FL Code of Ordinances Page 3 of 6 No incomplete application shall be accepted. If the application form is not accepted by staff for any reason, staff, not later than five (5)workdays following receipt of the application, shall inform the applicant in writing of the reason(s)for non-acceptance.The time period for staff approval or denial of an application shall not commence until a complete application form is accepted. Each complete form shall be processed on a first applied-for,first processed basis.The Transportation Department shall either deny the complete permit application (for stated reasons) or grant the permit, within ten (10)workdays following receipt of the complete application. If the Transportation Department does not make a final decision to approve or deny a complete application within ten (10)workdays after staff's receipt of the application (including proof of required insurance), the application shall be deemed to be approved. Each permit application must request a specific time period to solicit contributions not to exceed seventy-two (72) consecutive hours. No applicant shall request that the solicitation time period commence more than sixty(60) calendar days after, nor sooner than fourteen (14) calendar days after,the submittal date of the complete application. The applicant can request(and be permitted)to solicit contributions concurrently at several intersections, but only one permittee may solicit at any intersection at any one time. (ii) Military Representation. Organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to: A. DD-214 or Statement of Service (Report of Separation); or B. Communication from military or veterans office that contains information regarding military service or an indication of military service. (iii) Insurance. Each application must include a Certificate of Liability Insurance showing proof of general liability insurance that has policy limits of not less than one million dollars per occurrence for personal injury/death; one million dollars for property damage; at least$300,000.00 fire damage (any one fire); at least $15,000.00 for medical expenses(any one person); at least two million dollars general aggregate, and at least two million dollars aggregate for comprehensive liability, products.All such insurance must be in effect throughout the solicitation time period. The permit shall automatically be rendered void if the required insurance is not continuously in full force and effect throughout the solicitation time period.The insurance must insure the applicant(entity or individual), all participants, and all third party claimants who may assert claims for personal injury, death and/or property damage alleged to have been caused by, or resulted from,the applicant's in-the-road activity. Collier County must be a named insured. c. Times for in-the-road solicitations. All in-the-road solicitations must be conducted only during Saturdays, Sundays, federal holidays and Florida holidays, and not before 7:00 Collier County,FL Code of Ordinances Page 4 of 6 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is falling or when there is any other activity, physical barrier or physical condition that limits the visibility of any participant or vehicle operator. d. Participant eligibility. Each individual participant must be at least 21 years of age, must sign the county's informed consent and waiver, and furnish his/her signed consent and waiver to the county's transportation department before engaging in any of the subject in- the-road activities. Each participant must be (or have been) a fireman, police officer (including military police), or other law enforcement officer who has been trained regarding the physical dangers of in-the-road activity when roads are open to vehicular traffic, or other individual who has satisfactorily completed a safety training course appropriate to safety considerations of in-the-traveled-road activities and such course was sponsored by the National Safety Council or other similar organization. e. Participant behavior during in-the-road activity. 1. Each participant must wear a highly visible(orange or other light colored vest) or reflective vest whenever engaged in any in-the-road activity. Each pedestrian shall approach only stopped vehicles and shall obey all traffic laws,traffic control devices, and instructions from any law enforcement officer or county code enforcement officer. No participant shall act in any unprofessional manner, including dancing, changing, or organized singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall persist soliciting any individual after that solicitation has been refused; nor demand, threaten or intimidate any member of the public; nor suggest or imply that the applicant(or any participant) is a representative of any governmental entity, or otherwise misrepresent identity, authority or purpose. 2. No more than two pedestrians may go onto the traveled road of any two lane intersection at any one time, including one-way roads. No more than eight pedestrians shall at one time be in the traveled part of a divided road intersection. If more than two pedestrians are on the traveled part of the road or intersection at any one time,the pedestrians must at all such times be accompanied by a supervisor nearby at the intersection (and not on the traveled surface), and the supervisor must monitor the traffic situation and applicable traffic control devices, and audibly alert the pedestrians the instant the applicable traffic control device changes (including left turn arrow, light turns yellow, etc.), and whenever there is any other change in circumstances that for any safety reason reasonably necessitates instant curtailment of the in-the-road activities. 3. Solicitation is limited to the vehicle operator's (left) side of the vehicle, including on roads that have medians (or other interior raised curbs)and the pedestrian uses such median or interior area. One single-faced or double-faced hand-held sign per pedestrian is allowed.The permittee may have one of its operations vehicle lawfully parked at or near the intersection, and may use the vehicle's lights, including its flashing lights, provided such lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law,the permittee may use cones in the road to the extent the permittee deems such cones appropriate to promote safety and no cone Collier County, FL Code of Ordinances Page 5 of 6 impedes the flow of traffic. 4. The following are prohibited: sound amplification, drum, bell,tambourine, horn, and/or any other sound-making device. 5. There shall be no charitable solicitation in the road without a staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law enforcement department or emergency response vehicle. The cost of the staffed public safety vehicle shall be the obligation of the Solicitor. f. Eligible intersections. In-the-road solicitation shall be permitted only at signalized road intersections then controlled by functioning traffic control lights(which excludes intersections controlled by flashing lights, stop signs,yield right of way signs, etc). In-the- road solicitation is limited to instantly receiving only legal tender currency(bills and/or coins).There shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five) miles per hour. g. Permit suspension or revocation. If any participant is observed by a county code enforcement officer, deputy sheriff or other authorized law enforcement officer, to be violating any provision of this subsection or any applicable law, rule or regulation,the permit to solicit at that specific intersection may be summarily revoked by such officer, whereby all in-the-road activity at that intersection shall cease immediately. Staff may suspend or revoke the issued permit to solicit whenever any requirement does not continue to exist, such as loss of federal income tax exemption, loss of active status as a registered solicitor of contributions, lapse of active insurance, any misrepresentation in the application (including its exhibits), or any in-the-road activity by any participant who did not sign the county's informed consent and waiver and have such signed consent and waiver delivered to the transportation department staff. h. Appeals. Staff's denial of an application (or staff's revocation of an issued permit) may be appealed in writing to the county manager by delivering the appeal to the county manager's office not later than ten days after the applicant's receipt of notice of the denial or revocation.The county manager should render a decision on the appeal not later than ten workdays after receipt of the appeal.The County Manager's decision shall be the County's final action on the appeal. i. Issuance of a permit is not any endorsement by Collier County of the permittee or its activities. Notwithstanding anything to the contrary, a permit shall not be required for any solicitor who falls within the parameters of the Iris Roberts Act. (7) This article does not apply to political campaigning nor to any individual authorized by law to engage in authorized in-the-road activity, such as, and not limited to, on-duty law enforcement officer in the performance of duty, or authorized activities of employees at tool booths. Charitable solicitation activities on or along streets/roads not maintained by Florida, and to be conducted by an organization exempt from federal income taxes under Section 501 (c)3 of the Internal Revenue Code, and is either registered as a charitable organization or sponsor with Florida's Department of Agriculture and Consumer Services, or is exempt from that state registration (or is an individual or organization acting on behalf of such exempt organization/sponsor), is exempt from the solicitation provisions of this article, but must Collier County,FL Code of Ordinances Page 6 of 6 comply with F.S. § 316.2045, including providing all listed information and proof to county staff. (d) Enforcement responsibility.The enforcement of this section shall be the responsibility of the zoning enforcement section, building code compliance department of this community development division, county sheriff's office, or other code enforcement officer of the county. (e) Penalty. Each violation of this section is punishable by a fine not to exceed $500.00. Imprisonment shall not be a penalty except for contempt of court.-Each day of continued violation may be considered a separate and distinct violation. Prosecution in a court shall not preclude administrative remedies. Each firm, partnership, corporation, or other entity that, and/or individual who, is found in violation of this section shall pay all costs and expenses as provided for by the rules of the respective enforcement forum. (Ord. No. 76-11, §§ 1-3; Ord. No. 87-60, §§ 1-5A; Ord. No. 04-51, §§ 1-3; Ord. No. 07-53, § 1; Ord. No. 2010-13, § 1; Ord. No. 2012-02, § 1) Cross reference— Newsracks in public rights-of-way, § 110-56 et seq. State Law reference— Penalty for ordinance violations, F.S. § 125.69. Details Page 1 of 1 Collier County Tax Collector 2800 N. Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2014 Prev Record 1 Next.REC o rd BUSINESS INFORMATION OWNER INFORMATION License # 890443 Name 1: NICHOLLS,BARRY Name: PARADISE GEMS & FINE JEW Name 2: DBA: Address 1: P 0 BOX 632 Location: 5455 AIRPORT RD N Address 2: Zoned: City, State, Zip: NAPLES FL 33939 Mail 1: 5455 AIRPORT RD N Phone: 591-2643 Mail 2: City, State, NAPLES , FL 34109 Zip: Phone: 591-2645 Open Date: 00-00-89 Code: 03900001 Description: RETAIL p SALES Changed Date: 08-14-96 RETAIL Paid Date: 07-08-14 State Lic: Class: SALES Closed Date: 00-00-00 County Lic: Category: STORE Amount Due: 0.00 City Lic: Preq: FRONT ONLY ** License is: Paid ** ** License is: Open ** Prey Reord New Search. let Record .1 Back To List 2005 Tax 2006 Tax 2007 Tax 2008 Tax 2009 Tax Information Information Information Information Information 2010 Tax 2011 Tax 2012 Tax 2013 Tax Information Information Information Information INSTR 5117475 OR 5147 PG 3672 RECORDED 5/5/2015 10:48 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.-CELU20150001475 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. BARRY NICHOLLS, PARADISE GEMS&FINE JEWELRY Respondents. , XR. COO- ORDER OF,fm.. ODE ENFOR 4 .' BOARD THIS CAUSE came on for p blic 1 e ring-be€are the Code Enforc, 1 en,Board on April 23,2015,and the Code Enforcement Board,having c nsid-redRe pondent 'Mo"in for Con'nu.Ice and being duly advised in the premises,hereupon issues its Findings . .010-5 et.. ,fR r of he Code Enforcement Board,as follows: a '4, l y ' 4. J 1. Respondents are charged vcrr">"h�)iplation of Collier Co := o•e o and Ordinances,Chapter 26, Article 1,Section 26-1(B)(4 V following particulars ec Corn qv s f the Co oettra -way y A! 1111 ! Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondents'Motion for Continuance of this case is GRANTED until May 28,2015. B. All parties shall be re-noticed for the subsequent hearing d te. DONE AND ORDERED this (9 su 1 day o ,2015 at Collier County,Florida. C•il E ENFOR• MENT BO• • r OLLIE■ 'O UNTY,FL P•!.:4A B . %/( i /-,■ � �s��- �e�i�.ufman, 28!I N. Horses �riv= State of Florida 'aple•,Florida 3'. �^ County of COLLIER STATE OF FLORIDA ) i THEREBY CERTib t#AT=ila`t:.i8 e,true•and� )SS: COUNTY OF COLLIER) oorrect c^,y cf :oci,r M bn;file in.;r :::cl:,'int esti acordsofeofiefCounty ' ny � ^ `icaf seah,s IriW HT E.BROCJ ERK OJ COURT' . gam` 4 *** OR 5147 PG 3673 *** The regoing instrument was acknowledged before me this 91 day of tr,■�A ' ' , 201 ,by Robert Kaufinan,Chair of the Code Enforcement and of Collier Co nty,Florida,who is personally known to me or who has prod ced Flori• ; 'ver's 'cense as identification. a.i4:% KAREN G BAI _ 1 . ,� Si •= MY COMMiSSiON tr Eit � pUBL �d EXPIRES February 1442paam ission expires: 1407)39B-0153 FhidaNataryS..ice cam�- PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,Phone:(239)252-2440,Website: www.colliergov.net.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. /, , 67 /f EIIICATE OF SE r LJ .1N I HEREBY CERTIFY that/true. • • - o• of thi ORD, has been set by U.S.Mail to Barry Nicholls,Paradise Gems&Fine Je4elry 545151/4 DIrt ••.d Na•l:s,FL 3.109 this al day of March,2015. �±n!irfea�a�1 :4�.: v Ire F•da B.ri o.94890t Attorney ft - god- • •rcement Board ,rs., 681 Goodie.e :gat e.210 Naples,Florida r 39 26 !` C -Lj CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20150001259 COLLIER COUNTY, FLORIDA, Plaintiff, vs. • Naples Designer Services, Owner Phil West, Respondent(s) • NOTICE OF HEARING • PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM • PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Code Laws, Chapter 26, Article 1, Section 26-1(b)(1)(4). LOCATION OF VIOLATION: Northwest corner of Airport Rd/Trade Center Way right of way, Naples. SERVED: Naples Designer Services, Owner Phil West, Respondent Stephen Athey, Issuing Officer • RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicjos the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20150001259 Naples Designer Services,Owner Phil West,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162A2, 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 26,Article 1, Section 26-1(b)(4). 2. Description of Violation: Commercial Use of the County Right of Way 3. Location/address where violation exists: North/West corner of Airport Rd/Trade Center Way (ROW) 4. Name and address of owner/person in charge of violation location: Naples Designer Services, Owner Phil West,2248 Trade Center Way,Naples Fl 34109 5. Date violation first observed: January 23,2015 6. Date owner/person in charge given Notice of Violation: January 23,2015 7. Date on/by which violation to be corrected:January 26'2015 8. Date of re-inspection: February 20,2015 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 ,1/1 day of 47, 2015 I Step., tl y f C. e Enforce ent Investigator STATE OF FLORIDA COUNTY OF COLLIER a°'P,��':;azi, NEIL C.DAY J1 * j�„ * MY COMMISSION#FF 046477 1 { Dli;' EXPIRES:August 26,2017 Sworn to(or affirmed)an sufbsc 'bed before this\ !day of P al(2015 by �r of FOR goXPIRES August 26,2017 f;,f C (Signature of Notary Public)u (Print/Type/Stamp Commissioned Name of Notary Public) Personally known A or produced identification Type of identification produced REV 1-2-15 V Case Number:CELU20150001259 Date:January 23, 2015 Investigator:Stephen Athey Phone:2392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Naples Designer Services Owner: Phil West Location: 2248 Traded Center Way, Naples, Fl 34109 Unincorporated Collier County Zoning Dist: I Property Legal Description: GENESIS CONDOMINIUM UNIT C Folio:34752000065 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: Businesses. Roadside Stands. Collier County Code of Laws and Ordinances, Chapter 26,Article I, Section 26-1(b)(4) ... it shall be a violation of this article for any unauthorized person to: (4)Make any commercial use of the public right-of-way or other public place including placement of commercially related signs.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Commercial use of the County Right of Way, Human Directional holding sign advertising business. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must cease all roadside sales/solicitations that do not meet the requirements of section 26-1 of the Collier County Code of Laws and Ordinances ON OR BEFORE: January 26th, 2015 - 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$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigatognature / Phone: 239 252-2440 FAX: 239 252-2343 Steph /they Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. gig --B0 m2 a a tu o _ t .". w o ,-„'el. ' rz Z 2 w. . - cis Q. 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Limg46:474-12‘;,c5-, ,, 1.1.1 • AFFIDAVIT OF POSTING Code Case Number: CELU20150001259 Respondent(s): Naples Designer Services, Phil West, Owner THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)J X Notice of Violation Notice of Hearing • Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Stephen Athey, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for the above res..ndent(s)at , on 1-23-15 (Date),at 1030am (Time), and at the_X_Callier Coun ; ; i rt !lose Immokalee Courthouse. / ge' (iSignature of Co• r - • i- S -1 ` s.1 r STATE OF FLORIDA COUNTY OF COLLIER Sworn o(o ffirmed)a�n¢su scribed fore me this day of }fC ,2,15 by Stephen Athey(Name a person ma ng tatement) 1 (Signature of Not y,$ biic) ,0,t a°'••, MY COW t1 "t{ik Ef 048477 F * ;tofu . 2(;,2017 4k Ttsf (Print,type or stamp Commissioned Name of Notary Public) 4P.,ersonaliy known - Produced identification Type of identification produced Collier County,FL Code of Ordinances Page 1 of 6 Sec. 26-1. - Roadside stands. (a) Definitions. The following words,terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Public place means areas or properties owned by governmental agencies or dedicated to or reserved for the use of members of the public, and shall include but not be limited to airports, schools, parks, boatramps, playgrounds, libraries and other county governmental facilities. (2) Public right-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commissioners, used or occupied or intended to be used or occupied by a street, driveway/access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way,water main, sanitary or storm sewer main, bikeway, or for similar special public use. - (3) Vending machine means self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for dispensing of any retail goods, food or beverage products. (b) - Preventing use of public areas as commercial locations. To prevent the use of public streets or public places as permanent, semi-permanent or temporary commercial locations, except when otherwise authorized by this article or the board of county commissioners, it shall be a violation of this article for any unauthorized person to: (1) Sell goods, merchandise, property or services,whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right-of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writing to do so by the county, and where the county has only easement interest, such person must also be specifically permitted in writing to do so by the legal title holder of the underlying real property that is subject to the county's easement. (2) Park or stop any motorized or trailer vehicle, pushcart or animal-drawn conveyance in any public right-of-way or in any public place for the purpose of making or soliciting sales. (3) Sell, solicit sales,vend, or serve any goods, merchandise, property or service by any means, including the use of vending machines. In the public rights-of-way or other public place, or for any person to station himself, or operate any roadside stand or establishment within the public right-of-way or other public place. (4) Make any commercial use of the public right-of-way or other public place, including placement of commercially related signs. (5) Sell or display for sale vehicles in the public right-of-way or other public place. (6)' Be within the outermost edges.of a road right-of-way when the road is open to traffic,to display advertising(excluding hand-held political speech signage off the traveled road); or to conduct any business or commerce; or to attach anything to any vehicle; or to distribute anything to, or accept anything from, any person, including any occupant of any vehicle being operated on (or parked on)the road right-of-way. (7) In-the-road sales, in-the-road distributions, roadside sales or roadside distributions except as Collier County, FL Code of Ordinances Page 2 of 6 authorized by the county to be conducted only when the road is temporarily closed to vehicular traffic. (c) Exceptions.The following authorized uses are excluded from this section: (1) Newsrack placement within a public right-of-way shall comply with chapter 110, article III. (2) Vendors or businesses having current county licenses who make frequent stops for the purpose of making a sale or pickup/drop-off of persons and then continue neighborhood travel upon the road rights-of-way(i.e., ice cream vehicle,trollies, cabs). (3) Emergency service or repair vehicles rendering service or repair to any disabled vehicle. (4) A person who has a franchise from, contracted with, or has otherwise been authorized by the board of county commissioners to sell goods, merchandise or services within a public right- of-way or other public place. (5) A vehicle may be displayed for sale upon public property when that vehicle is: a. Driven by the public or private sector and/or employees of governmental agencies when conducting business at the public site during normal business hours. b. Driven by an individual who is using the boat ramp or park site facilities. c. Being sold in conjunction with a governmental auction. (6) Charitable Solicitations at Traveled Road Intersections. a. In this subsection, "Road" means all geographic areas between the two exterior-most edges of paved or unpaved surfaces available for and being used for vehicular travel or parking, including medians and shoulders. All public and private roads, including roads separated by one or more medians, have two (2) exterior-most edges. "Road" includes streets, highways, alleys, and other nouns that are used to describe facilities for traveling by, or in-the-road parking of motor vehicles.This subsection applies to all roads over which Collier County then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the traveled road to interact with any operator or occupant of any vehicle being operated on the road, including each supervisor while the supervisor is on the traveled road surface. "Participant" includes the permit applicant each pedestrian, each supervisor, and every other individual associated with the applicant and who is in the road during any of the subject in-the-road activities. b. A one-time per calendar year permit only to solicit charitable contributions at road intersections in unincorporated Collier County then open to vehicular traffic may be acquired from the Collier County Transportation Department, subject to continued compliance with all of the following: 1. Eligible Permit Applicants.The applicant must be federal income tax exempt under the United States Internal Revenue Code and must be registered as a solicitor of contributions pursuant to F.S. ch. 496, or have an annual letter of exemption issued to the applicant pursuant to that Chapter. 2. Permit Application. (i) There shall be no fee for the permit.The applicant shall submit to the complete, executed standard application form to the County's Transportation Department. Collier County,FL Code of Ordinances Page 3 of 6 No incomplete application shall be accepted. If the application form is not accepted by staff for any reason, staff, not later than five (5)workdays following receipt of the application, shall inform the applicant in writing of the reason(s)for non-acceptance.The time period for staff approval or denial of an application shall not commence until a complete application form is accepted. Each complete form shall be processed on a first applied-for,first processed basis.The Transportation Department shall either deny the complete permit application (for stated reasons) or grant the permit, within ten (10)workdays following receipt of the complete application. If the Transportation Department does not make a final decision to approve or deny a complete application within ten (10)workdays after staff's receipt of the application (including proof of required insurance),the application shall be deemed to be approved. Each permit application must request a specific time period to solicit contributions not to exceed seventy-two (72) consecutive hours. No applicant shall request that the solicitation time period commence more than sixty(60) calendar days after, nor sooner than fourteen (14) calendar days after,the submittal date of the complete application. The applicant can request(and be permitted)to solicit contributions concurrently at several intersections, but only one permittee may solicit at any intersection at any one time. (ii) Military Representation. Organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to: A. DD-214 or Statement of Service (Report of Separation); or B. Communication from military or veterans office that contains information regarding military service or an indication of military service. (iii) Insurance. Each application must include a Certificate of Liability Insurance showing proof of general liability insurance that has policy limits of not less than one million dollars per occurrence for personal injury/death; one million dollars for property damage; at least$300,000.00 fire damage (any one fire); at least $15,000.00 for medical expenses(any one person); at least two million dollars general aggregate, and at least two million dollars aggregate for comprehensive liability, products.All such insurance must be in effect throughout the solicitation time period.The permit shall automatically be rendered void if the required insurance is not continuously in full force and effect throughout the solicitation time period. The insurance must insure the applicant(entity or individual), all participants, and all third party claimants who may assert claims for personal injury, death and/or property damage alleged to have been caused by, or resulted from,the applicant's in-the-road activity. Collier County must be a named insured. c. Times for in-the-road solicitations.All in-the-road solicitations must be conducted only during Saturdays, Sundays,federal holidays and Florida holidays, and not before 7:00 Collier County,FL Code of Ordinances Page 4 of 6 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is falling or when there is any other activity, physical barrier or physical condition that limits the visibility of any participant or vehicle operator. d. Participant eligibility. Each individual participant must be at least 21 years of age, must sign the county's informed consent and waiver, and furnish his/her signed consent and waiver to the county's transportation department before engaging in any of the subject in- the-road activities. Each participant must be (or have been) a fireman, police officer • (including military police), or other law enforcement officer who has been trained regarding the physical dangers of in-the-road activity when roads are open to vehicular traffic, or other individual who has satisfactorily completed a safety training course appropriate to safety considerations of in-the-traveled-road activities and such course was sponsored by the National Safety Council or other similar organization. e. Participant behavior during in-the-road activity. 1. Each participant must wear a highly visible (orange or other light colored vest) or reflective vest whenever engaged in any in-the-road activity. Each pedestrian shall approach only stopped vehicles and shall obey all traffic laws,traffic control devices, and instructions from any law enforcement officer or county code enforcement officer. No participant shall act in any unprofessional manner, including dancing, changing, or organized singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall persist soliciting any individual after that solicitation has been refused; nor demand,threaten or intimidate any member of the public; nor suggest or imply that the applicant(or any participant) is a representative of any governmental entity, or otherwise misrepresent identity, authority or purpose. 2. No more than two pedestrians may go onto the traveled road of any two lane intersection at any one time, including one-way roads. No more than eight pedestrians shall at one time be in the traveled part of a divided road intersection. If more than two pedestrians are on the traveled part of the road or intersection at any one time,the pedestrians must at all such times be accompanied by a supervisor nearby at the intersection (and not on the traveled surface), and the supervisor must monitor the traffic situation and applicable traffic control devices, and audibly alert the pedestrians the instant the applicable traffic control device changes(including left turn arrow, light turns yellow, etc.), and whenever there is any other change in circumstances that-for any safety reason reasonably necessitates instant curtailment of the in-the-road activities. 3. Solicitation is limited to the vehicle operator's (left) side of the vehicle, including on roads that have medians (or other interior raised curbs) and the pedestrian uses such median or interior area. One single-faced or double-faced hand-held sign per pedestrian is allowed. The permittee may have one of its operations vehicle lawfully parked at or near the intersection, and may use the vehicle's lights, including its flashing lights, provided such lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law,the permittee may use cones in the road to the extent the permittee deems such cones appropriate to promote safety and no cone Collier County, FL Code of Ordinances Page 5 of 6 impedes the flow of traffic. 4. The following are prohibited: sound amplification, drum, bell,tambourine,horn, and/or any other sound-making device. 5. There shall be no charitable solicitation in the road without a staffed, public safety vehicle present. Public safety vehicle shall be defined as any marked law enforcement department or emergency response vehicle.The cost of the staffed public safety vehicle shall be the obligation of the Solicitor. f. Eligible intersections. In-the-road solicitation shall be permitted only at signalized road intersections then controlled by functioning traffic control lights (which excludes intersections controlled by flashing lights, stop signs,yield right of way signs, etc). In-the- road solicitation is limited to instantly receiving only legal tender currency(bills and/or coins).There shall be no solicitations at intersections where the posted speed limits exceeds 45 (forty-five) miles per hour.. g. Permit suspension or revocation. If any participant is observed by a county code enforcement officer, deputy sheriff or other authorized law enforcement officer,to be violating any provision of this subsection or any applicable law, rule or regulation,the permit to solicit at that specific intersection may be summarily revoked by such officer, whereby all in-the-road activity at that intersection shall cease immediately. Staff may suspend or revoke the issued permit to solicit whenever any requirement does not continue to exist, such as loss of federal income tax exemption, loss of active status as a registered solicitor of contributions, lapse of active insurance, any misrepresentation in the application (including its exhibits), or any in-the-road activity by any participant who did not sign the county's informed consent and waiver and have such signed consent and waiver delivered to the transportation department staff. h. Appeals. Staff's denial of an application (or staff's revocation of an issued permit) may be appealed in writing to the county manager by delivering the appeal to the county manager's office not later than ten days after the applicant's receipt of notice of the denial or revocation.The county manager should render a decision on the appeal not later than ten workdays after receipt of the appeal.The County Manager's decision shall be the County's final action on the appeal. i. Issuance of a permit is not any endorsement by Collier County of the permittee or its activities. Notwithstanding anything to the contrary, a permit shall not be required for any solicitor who falls within the parameters of the Iris Roberts Act. (7) This article does not apply to political campaigning nor to any individual authorized by law to engage in authorized in-the-road activity, such as, and not limited to, on-duty law enforcement officer in the performance of duty, or authorized activities of employees at tool booths. Charitable solicitation activities on or along streets/roads not maintained by Florida, and to be conducted by an organization exempt from federal income taxes under Section 501 (c)3 of the Internal Revenue Code, and is either registered. as a charitable organization or sponsor with Florida's Department of Agriculture and Consumer Services, or is exempt from that state registration (or is an individual or organization acting on behalf of such exempt organization/sponsor), is exempt from the solicitation provisions of this article, but must Collier County, FL Code of Ordinances Page 6 of 6 comply with F.S. § 316.2045, including providing all listed information and proof to county staff. (d) Enforcement responsibility.The enforcement of this section shall be the responsibility of the zoning enforcement section, building code compliance department of this community development division, county sheriff's office, or other code enforcement officer of the county. (e) Penalty. Each violation of this section is punishable by a fine not to exceed $500.00. Imprisonment shall not be a penalty except for contempt of court. Each day of continued violation may be considered a separate and distinct violation. Prosecution in a court shall not preclude administrative remedies. Each firm, partnership, corporation, or other entity that, and/or individual who, is found in violation of this section shall pay all costs and expenses as provided for by the rules of the respective enforcement forum. (Ord. No. 76-11, §§ 1-3; Ord. No. 87-60, §§ 1-5A; Ord. No. 04-51, §§ 1-3; Ord. No. 07-53, § 1; Ord. No. 2010-13, § 1; Ord. No. 2012-02, § 1) Cross reference— Newsracks in public rights-of-way, § 110-56 et seq. State Law reference— Penalty for ordinance violations, F.S. § 125.69. Details Page 1 of 1 Collier County Tax Collector 2800 N. Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2014 Prey Record I Next Record BUSINESS INFORMATION OWNER INFORMATION License# 121331 Name 1: WEST, PHIL Name: PHIL WEST INC Name 2: NAPLES DESIGNER SERVICES, Address 1: 2248 TRADE CENTER WAY DBA: DELI Address 2: Location: 2248 TRADE CENTER WAY City,State, Zip: NAPLES FL 34109 Zoned: INDUSTRIAL Phone: 425-5028 Mail 1: 2248 TRADE CENTER WAY Mail 2: City, state: NAPLES , FL 34109 Open Date: 11-30-12 Phone: 260-1920 Changed Date: 00-00-00 PUBLIC Code: 03701802 Description: SERVICES Paid Date: 09-29-14 DELIVERY Closed Date: 00-00-00 State Lic: Class: SERVICE - 6-10 Amount Due: 0.00 County Lic: Category: EMPLOYEES City Lic: Preq:Ij ** License is: Paid ** ** License is: Open ** Prev Record New Search:, Next Record Back To List. 2012 Tax Information .-. 2013 Tax Information Details Page 1 of 1 Collier County Tax Collector 2800 N. Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2014 Prey Record I Next Record BUSINESS INFORMATION OWNER INFORMATION License # 121330 Name 1: WEST, PHIL Name: PHIL WEST INC Name 2: I NAPLES DESIGNER SERVICES, Address 1: 2248 TRADE CENTER WAY Di3A: DELI Address 2: Location: 2248 TRADE CENTER WAY City, State, Zip: NAPLES FL 34109 Zoned: INDUSTRIAL Phone: 425-5028 Mail 1: 2248 TRADE CENTER WAY Mail 2: City, State, NAPLES , FL 34109 Zip: Open Date: 11-30-12 Phone: 260-1920 Changed Date: 00-00-00 PUBLIC Code: 03703502 Description: SERVICES Paid Date: 09-29-14 STORAGE Closed Date: 00-00-00 State Lic: Class: SERVICE County Lic: Category: 6-10 Amount Due:I10.00 EMPLOYEES City Lic: ( Preq:II ** License is: Paid ** ** License is: Open ** Prey Record New Search: Next Record I Back To;List 2012 Tax Information 2013 Tax Information Details Page 1 of 1 Collier County Tax Collector 2800 N. Horseshoe Drive Naples,FL 34104 Collier County Business Tax Receipt Tax Year Info: 2014 Prey Record I text Record BUSINESS INFORMATION OWNER INFORMATION License # 121329 Name 1: WEST, PHIL Name: PHIL WEST INC Name 2:, NAPLES DESIGNER SERVICES, Address 1: 2248 TRADE CENTER WAY DBA: DELI Address 2: Location: 2248 TRADE CENTER WAY City, State, Zip: NAPLES FL 34109 Zoned: INDUSTRIAL Phone: 425-5028 Mail 1: 2248 TRADE CENTER WAY Mail 2: City,State, NAPLES , FL 34109 Zip: Open Date: 11-30-12 Phone: 260-1920 Changed Date: 00-00-00 WHOLESALE Code: 04700001 Description: BUSINESS Paid Date: 09-29-14 WHOLESALE Closed Date: 00-00-00 State Lic: Class: BUSINESS County Lic: Category: Amount Due: 0.00 City Lic:II II Preq:1 ** License is: Paid ** ** License is: Open ** Prey Search,_ Next RecGrd rev Record Back To List 2012 Tax Information 2013 Tax Information INSTR 5117473 OR 5147 PG 3668 RECORDED 5/5/2015 10:48 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CELU20150001259 • I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. NAPLES DESIGNER SERVICES, OWNER: PHIL WEST - Respondent. ORDER On E-CODE ENFORCEM BOARD THIS CAUSE came on for p blic earingbefnre the Cod Enforc-,,enti3oard on April 23,2015,and the Code Enforcement Board,having c nsid red kerpenden 'Mott n for Col 'nu• e and being duly advised in the premises,hereupon issues its Find' gs F o•- • -= of he Code Enforcement Board,as follows: t i )•.S .d IL.CT.. 1. Respondent is charged wi Lion of Collier Coun s .ne ances,Chapter 26,Article 1, Section 26-1(B)(4),in the fo lin_particulars: - Comm t + the CI+ ight=4 -way Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 28,2015. B. All parties shall be re-noticed for the subsequent hearin:date. DONE AND ORDERED this 0( , day of,,Aim 2015 at Collier County,Florida. CO% ENFORCE NT BOA ,F •'4Il•A ./ :Y: ; f RA! ": :ufman, °ha' jo State of Florida 280 Horses County of COLLIER • N de Florida 3, !� _ STATE OF FLORIDA ) I HEREBY CERTIFY THAT this is a true and )SS: correct copy of.a,dncu_ii 1t on file in• COUNTY OF COLLIER) i;oard t•;;in;;ia f:�1�:?_' s afgolliar County I I VVl SS ire,zP+,Bt ` 'tAig I is ttikkdattf* • D T E`.:&CIV tC OFCPURT • *** OR 5147 PG 3669 *** The foregoing instrument was acknowledged before me this a day of , ✓✓ 201 by Robert Kaufman,Chair of the Code Enforcement B.and of Collier Co nty,Florida,who is personally known to me or who has produce, a Florio- : 'ver's L ense as identification. 0'4"1` _ KAREN G BAILEY .. 11 k dr t / ._ MY COMMISSION#EE875121 y NO 'ARY PURL '+4 °�' EXPIRES February 14,2017 :T .. My commission expires: E40'}39& ,0153 Fi0 C1 NotarySr rice Wm 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,Phone:(239)252-2440,Website: www.colliergov.net.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 hearin g from the Cler an ppeal will not automatically stay the Board's Order. (�t 7/ iTIFICATE OF SERVII� I HEREBY CERTIFY that a true an A- t •• of is I@ RDER .as b en sent by U.S.Mail to Naples Design Services,attn: Phil West, ç4S ) 7.- `_ " ,. :"° thi day of April,2015. j `; T. {��- es ola,'01 S Flo :. .. -y:.;' 9.899x. +' Attorney fore 1- ..e-- orcement Board 681 Goodlette t. <.k Ste.210 A .les : 'fit:l4 i • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20150005363 COLLIER COUNTY, FLORIDA, Plaintiff, . vs. Liberty Tax Service, Owner Chris Autry, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015° TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Code Laws and Ordinances, Chapter 26, Businesses Article 1 Section 26-1(b)(1)(3)(4). LOCATION OF VIOLATION:.Collier County Right of Way Intersection of Golden Gate Parkway and 53rd St SW, Naples. • SERVED: Liberty Tax;Service, Owner Chris Autry, Respondent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE thatthe alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. • Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112 (239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou 00 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20150005363 LIBERTY TAX SERVICE,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): Collier County Code of Laws and Ordinances Chapter 26 Businesses Article 1 Section 26-1 (b)(1)(3)(4) 2. Description of Violation:Commercial Use of the Public Right Of Way 3. Location/address where violation exists: Collier County Right Of Way Intersection of Golden Gate Parkway and 53rd St SW Naples,FL 34109 4. Name and address of owner/person in charge of violation location: Chris Autry,owner Liberty Tax Service 5286 Golden Gate Parkway Unit 2 Naples,FL 34109 5. Date violation first observed:January 21,2015 6. Date owner/person in charge given Notice of Violation: March 20,2015 7. Date on/by which violation to be corrected: Immediate 8. Date of re-inspection: March 26,2015 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 Cody have)i4eras aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a publ the g. Dated this 8th day of April,2015 Sherry Paterson Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn tto`(or affirmed)and subscribed before this TC day of API-"!2015 by S ( 'I 14trsbe‘ (Signature of Not ry Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 6°or produced identification Type of identification produced »,,4t KERRY ADAMS * MY COMMISSION#FF 139721 nu?_ EXPIRES:July 8,2018 REV 1-2-15 mrr FD col_.l BondedThruBud t Notary Services Case Number:CELU20150005363 Date: March 19,2015 Investigator: Sherry Patterson Phone:2392522314 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CHRIS AUTRY LIBERTY TAX SERVICE 5286 GOLDEN GATE PKWY UNIT2 NAPLES, FL 34109- Location: COLLIER COUNTY RIGHT OF WAY INTERSECTION OF GOLDEN GATE PARKWAY/53RD STREET SW Unincorporated Collier County Zoning Dist: N/A Property Legal Description: N/A Folio: N/A 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 Law and Ordinances Chapter 26 Businesses Article I Section 26-1(b)(1)(3)(4) Violation Status-Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Business-Liberty Tax Service making Commercial Use Of The Public Right of Way. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must cease making Commercial Use Of The Public Right Of Way or any other Public Place, including the placement of commercially related signs. ON OR BEFORE: Immediate 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 pr•secution. SERVED :Y• 7 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT . 2800 North Horseshoe Dr, Naples, FL 34104 Inves sa`t• Sig ature Phone: 239 252-2440 FAX:239 252-2343 Sherry Patterson c^ :5/�G/A'/r'/2 /9 4-c i/i/,,>p Signature ajj- Title of Recipient 17-9 /96?r,4,rfa Pririted 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. Collier County, FL Code of Ordinances - Page 1 of 6 Sec. 26-1. - Roadside stands. (a) Definitions. The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Public place means areas or properties owned by governmental agencies or dedicated to or reserved for the use of members of the public, and shall include but not be limited to airports, schools, parks, boatramps, playgrounds, libraries and other county governmental facilities. (2) Public right-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commissioners, used or occupied or intended to be used or occupied by a street, driveway/access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, bikeway, or for similar special public use. (3) Vending machine means self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for dispensing of any retail goods,food or beverage products. (b) Preventing use of public areas as commercial locations. To prevent the use of public streets or public places as permanent, semi-permanent or temporary commercial locations, except when otherwise authorized by this article or the board of county commissioners, it shall be a violation of this article for any unauthorized person to: (1) Sell goods, merchandise, property or services,whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right-of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writing to do so by the county, and where the county has only easement interest, such person must also be specifically permitted in writing to do so by the legal title holder of the underlying real property that is subject to the county's easement. (2) Park or stop any motorized or trailer vehicle, pushcart or animal-drawn conveyance in any public right-of-way or in any public place for the purpose of making or soliciting sales. (3) Sell, solicit sales,vend, or serve any goods, merchandise,property or service by any means, including the use of vending machines. In the public rights-of-way or other public place, or for any person to station himself, or operate any roadside stand or establishment within the public right-of-way or other public place. (4) Make any commercial use of the public right-of-way or other public place, including placement of commercially related signs. . (5) Sell or display for sale vehicles in the public right-of-way or other public place. (6) Be within the outermost edges of a road right-of-way when the road is open to traffic,to display advertising(excluding hand-held political speech signage off the traveled road); or to conduct any business or commerce; or to attach anything to any vehicle; or to distribute anything to, or accept anything from, any person, including any occupant of any vehicle being operated on (or parked on)the road right-of-way. (7) In-the-road sales, in-the-road distributions, roadside sales or roadside distributions except as INSTR 5045048 OR 5088 PG 3352 RECORDED 10/27/2014 2:05 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc @.70 $1,855.00 REC $18.50 CONS $265,000.00 Prepared by: • Marc L.Shapiro,PA 720 Goodlette Road North,Suite 304 Naples,Florida-34102 File Number. RE-14-0232 .q / 0-0(03 General Warranty Deed Made this October 17,2014 A.D.By Erik Papenfuss,whose address is:209 Ridge Dr.,Naples,FL 34108,hereinafter called the grantor, to Pargo,LLC,a Florida limited liability company,wh e" ffB eskis: 6358 Old Mahogany Ct.,Naples,FL 34109, hereinafter called the grantee: �✓ >I , (Whenever used herein the term"grantor"and"g7ritook4eiude all the parties to this intro ant an the heirs,legal representatives and assigns of individuals, and the successors and assigns of c rporlions) \ / ff )_ Witnesseth,that the grantor,for and i �co. -ratie e i ti- sum of Ten Do ars ($10.00)and other valuable considerations, receipt whereof is hereby acknowledged,her-by ;t•,:a' ,s s •i ns`\{ - • leases,conveys and confirms unto the grantee, all that certain land situate in Collier Coun , Flo 'd viz: ( Condominium Unit 2,PARK t' 'T PROFESSIONA 1 ONDONIINIUM together with an •undivided interest in the comm 4,- ments,according*e tion of Condominium thereof recorded in Official Records Boo -1"4,Page 231,as am ct;,;fr m time to time,of the Public Records of Collier County,Florida. 0),r . .fits Parcel ID Number.66030002041 • Said property is not the homestead of the Grantor(s)under the laws and constitution of the State of Florida in that neither the Grantor(s)nor the Grantor(s)spouse,nor anyone for whose support the Grantor(s)is responsible,resides on nor adjacent to said land. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31,2013. - In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above written. DEED Individual Warranty Deed-Legal on Face *** oR 5088 PG 3353 *** Prepared by: Marc L.Shapiro,PA • 720 Goodlette Road North,Suite 304 Naples,Florida 34102 _. File Number: RE-14-0232 • Signed, sealed and delivered in our presence: 1 (Seal) A��E� � uss G((ora..3� — s5 , ea Dr.,Naples,FL 34108 Witness Printed Name /607 - ms • �I c `1 f S 1 • Witness Printed Name _ _ F-1 State of Florida County of Collier t The foregoing instrument was acknowledged before I e$ th day of Oc 1.4,by Erik Papenfuss,who is/are personally known to me. Pt -c(.. 0-1:�' "'�:i,,,, ANDREA MCGUIRE �� r • v:°? Notary Public•State of Flo rida ��` ,: •ec My Comm.Expires Aug 23.2015 Notary Public ''; Gomriasion J/EE 829573 Print Name: My Commission Expires: • • DEED Individual Warranty Deed-Legal on Face • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20140017894 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOSE F GARCIA, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: • DATE: 05/28/2015; TIME: 09:00 AM , • PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: • Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION:2087 Desoto BLVD N SERVED: GARCIA, JOSE F, Respondent Tony Asaro, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE thatthe alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the'testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman . COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 • (239)252-5892 Telephone IF YOU ARE A PERSON VJ9TH A DISABILITY VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Serviclos the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicacldnes de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou IC trail lksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140017894 Jose F. Garcia,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 the,Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a). 2. Description of Violation:_ Incomplete home. 3. Location/address where violation exists:2087 Desoto Blvd N Naples,FL 34120 Folio#40420400004. 4. Name and address of owner/person in charge of violation location: Jose F. Garcia 1875 16thh Ave NE Naples FL 34120. 5. Date violation first observed: September 16,2014. 6. Date owner/person in charge given: September 24,2014. 7. Date on/by which violation to be corrected:October 18,2014. 8. Date of re-inspection:May 8,2015. 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 Vto�the Collier County Code Enforcement Board for a pit. 'c hearing. Dated this day of / , 2015 Tony Asarb Code Enforcement Investigator STATE OF FLORIDA s"RY P6B E�IM9ERLYBRANDES COUNTY OF COLLIER ��•` _� Sworn to(or . irmed)and subscribed before this X day of "1ay ,2015 by MY COMMISSION#FF 048463 .!�W��jj�� EXPIRES:September 17,2017 41, Ire,FRoes Bonded Thru Budget Notary5ervices (Signature of No a Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 1-5-11 Case Number:CESD20140017894 Date:September 18,2014 Investigator:Tony Asaro Phone:2392522488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA,JOSE F 1875 16TH AVE NE NAPLES, FL 34120- Location:2087 Desoto BLVD N Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 72 N 180FT OF TR 97 • Folio:40420400004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances,Chapter 2,Article IX,you are notified that a violation(s)of the following Collier County Ordinance(s) and or PU D Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended,Section 10.02.06(B)(1)(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 CON DITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Incomplete home. 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: 10/18/2014 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 464 % 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone:239 252-2440 FAX:239252-2343 Tony Asaro 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:CESD20140017884 Respondent(s): • GARCIA,JOSE F THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)1 • XNotice of Violation • _Notice of Hearing • Notice of Hearing/Imposition of Fines _ _Citation _Notice to Appear - _Code Enforcement Board Evidence Packet _Other: I Tony Asaro,Code Enforcement Official,hereby swear and affirm that I have personally posted the above described document(s)for the above respondent(s)at 2087 Desoto BLVD N ,on September 24,2014 and at the X Collier County • • Courthouse Immokalee Courthouse. • G`C\(Signs rcement Official) Tony Asaro STATE OF FLORIDA COUNTY OF COLLIER Sworn to(o affirmed)and subscribe before me 2014 b this ZS" day of ».--- by Tony Asaro(Name of person eking statement) /? / .�� //Ifs , (Signature of Notary Pubt `' . If BEi1YBiu:NDES a` t Y COMMISSION f F r 6`�6° rr 0 EXPIRES:SBptear.D r 17,2017 'T'-‘ Bx soThrL 5 t Notary .r ss. s (Print,type or stamp Commissioned Name of Notary Public) XPersonally known Produced identification • Type of identification produced AFFIDAVIT OF MAILING Code Case Number:CESD20140017894 Respondent(s): GARCIA, JOSE F THE DESCRIPTION OF THE DOCUMENT(S)SERVED: (Check the applicable document(s)] X Notice of Violation _Notice of Hearing '��l'I�' 1 11'I'1"��llill�'rrllllrllrlllll'Irillll(l�l�l��l�l�'I Notice of Hearing/Imposition of Fines CASE: CESD20140017894 Jose F.Garcia Citation 1875 16th Ave NE Notice to Appear Naples, FL 34120 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 1875 16TH AVE NE NAPLES , FL 34120-on 9/25/2014 (Date),at 9'40 AM (Time). r (Signature of Code Enforcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25th day of September 2014 by Indira Rajah(Name of person making statement) / I '7<<:Z.' (Signature of Notary Public) KIMBERLY S i ,_S "1 MY COMMISSION t FF 04Efc8 • ,r EXPi?E3:September 1i,4017 '!u: '!:v`,1r'Series 51:x" (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced • • Collier County Code of Laws and Ordinances Chapter 2,Article IX • 10.02.06- Requirements for Permits A. Generally.Any permit submitted to the County must meet the requirements for that particular permit,as more specifically stated below. Relation to state and federal statutes. a. Required state and/or federal permits.Where proposed use or development requires state or federal development orders or permits prior to use or development,such development orders or permits must he 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 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 the LDC to allow for concurrent reviews and-public hearings before both the Planning Commission and the BCC of the.A.DA 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(I)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 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 Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a.. Zoning action onbuildingor landalterationpermits.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 he 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 lie shall receive a written order front a court or tribunal of competent,jurisdiction. b. . Application fbrbuiidingor landalterationpernnit.All applications for building or land alteration permits shall,in addition to containing the information required by the building official.be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing, if any:the size and location on the lot of the building or buildings to be erected,altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate;the location and number of required off-street parking and off-streetloading spaces;approximate location of trees protected by county regulations; changes in grade,including details of berms:and such other information with regard to the tot 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 surrey.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 err•or.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 he deemed a violation of this Land Development Code. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designee shall,in no way,exempt the applicant from strict observance of applicable provisions of this-Land Development Code and all other applicable regulations, ordinances,codes,and laws- ii. A building or land alteration permit issued in error shall not confer any.rights or privileges to the applicant to proceed to or continue with construction,and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance,Ord.No.90-:14(chapters 3,6i and I0 of this Code)and Rule 9J-5.0055,F.A.C. e. Improvement of property prohibited prior to issuance oJbuildingpermir 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_ranted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of till excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the•puhlic health,safety and welfare where clearing,grading and filling plans have been submitted and approved meeting the warrants of Neetion-:.136.4;4 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). f. Zoning and land use approval required prior to or simultaneously\Nith issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization(ECA)permit pursuant to LDC sec(on 10 01 02 C.A zoning certificate,attesting to compliance with all aspects of the zoning provisions of the LDC,shall he required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts.The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. For the purposes of determining compliance with the zoning provisions of the LDC,an approval of a site development plan pursuant to LDC_rw rte n 10 02.03 herein,authorizes the issuance of a zoning certificate.Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC,including the uses of the building space upon which applicable off-street parking and loading requirements were based,however,issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC_ec__or,`_).!?:~_!.+'and of a zoning certificate issued for the building and the land,shall be required. • A zoning certificate shall he required for any use of land or buildings located in residential zoning districts,which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. INSTR 5015747 OR 5064 PG 3362 RECORDED 8/6/2014 8:40 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoC @.70 $329.00 REC $18.50 CONS $47,000.00 • Prepared by and return to: Kris Unkrich Paralegal Goede,Adamczyk&DeBoest,PLLC 8950 Fontana Del Sol Way Suite 100 Naples,FL 34109 239-331-5100 File Number: 14-07004 Will Call No.: (Space Above This Line For Recording Datal Warranty Deed 1 Sir This Warranty Deed made this) day of, uA i•,I • r e Donna L. Shands and Philip K. Shands whose post office address is 1220 Jardin Drive,Nap KO r , or,gaud' ., e F.Garcia whose post office address is 1875 16th Avenue NE,Naples,FL 34120,gratte yO 1, (Whenever used herein the terms "grantor"and "/ tc a amiss to "is •. . ..ent d the heirs,legal representatives,and assigns of individuals,and the successors and assigns of co ratio s, andktrustees) llir Witnesseth, that said grantor, for d ' obi•. :tis f i - r+ o . • b /100 DOLLARS ($10.00)and other good and valuable considerations to s 'd u'tdr in,,an, paid •. it:• /to ,th ec ipt whereof is hereby acknowledged, has granted,bargained, and sold to th G i _�r:0tG , :.' a•- .'.eirs s: p$` orever,the following described land, situate,lying and being in Collier Coun orida to-wit: • 4- The North 180 feet of Lot 97,f t4d Gate Estates Unit o r�r plat thereof recorded in.Plat Book 5,Page 8,Public Records of�Eq)1{ County,Florida. `cs Parcel Identification Number:4042041 11 04.E cC Grantor warrants that at the time of this conveyance, the subject property is vacant land and is not the Grantor's homestead within the meaning set forth in the constitution of the state of Florida, nor is it contiguous to or a part of homestead property. Grantor's residence and homestead address is: 1220 Jardin Street,Naples FL 34104. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever, and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2013. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. DoubleTlme *** OR 5064 PG 3363 *** Signed,sealed and delivered in our presence: 4A6:// Wi..ess Name: _:�l t' Donna L.Shands --1/64 . _AllgillM. . Witness Name: .. ame: OHO_ }')i'yyi v--> \ C1;14-1 (JtA A , .-Y°A - Poo Witness Name: aliMa�.. ( Philip K.Shands,by Donna L.Shands his attorney-in-fact —14/1 Ai.' IllsdattLaiilliPlik "guess Name: ''' ' h• . I 1.11^1.+v State of Florida CQ County of Collier ,t, The foregoing instrument was acknowlet ged a re me ' Au: 20 , by D•nna L.Shands as attorney in fact for Philip K.Shands,who[�is person. ly own ogifvy9 'as prod'',u•-• . •i.ver li,en - as identification. [Notary Seal] U • , a,`�s (� LYNN UNKR ....;�. h ssI0N#EE 878291 Prin:. N . e: ;Y =}` * March iB,2017 N'?lFOFPk:�oe Bon a Notuy Sarietts My CO:HI id fires: State of Florida County of Collier 2-1-1E C1-9"- The foregoing instrument was acknowledged before me this 1 day of August, Donna L. Shands,who L]is personally known or[X]has produced a driver's license as identification. / [Notary Seal] Notary Public `:.!': t, KRISTINA LYNN UNKRICH * ,s' *MY COMMISSION#EE 878291 Printed Name: m3I EXPIRES:March 18,2017 ,P, .Er Bonded Thro Budget Notary Services My Commission Expires: Warranty Deed-Page 2 DoubieTiree • • CODE ENFORCEMENT - COLLIER COUNTY,•FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEOCC20150001572 COLLIER COUNTY, FLORIDA, Plaintiff, • vs. ELIZABETH LAVIN, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 5.02.03 (C),5.02.03(F) & 5.02.030). • LOCATION OF VIOLATION:5010 TALLOWOOD WAY, Naples SERVED: ELIZABETH LAVIN, Respondent Colleen Davidson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. • PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the.testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE-CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con las comunicaciones de este evento.Por favor taiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. • • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CEOCC20150001572 Elizabeth Lavin,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 5.02.03(C),5.02.03(F)&5.02.03(I) 2. Description of Violation: employees picking up and dropping off work vehicles,goods and materials being delivered,saw and other equipment being run throughout the day for business purposes,storing materials outside 3. Location/address where violation exists: 5010 Tallowood Way Naples, FL 34116 Folio # 38397880002 4. Name and address of owner/person in charge of violation location: Elizabeth Lavin 5010 Tallowood Way Naples,FL 34116 5. Date violation first observed:January 28,2015 6. Date owner/person in charge given Notice of Violation: January 28,2015 7. Date on/by which violation to be corrected:February 28,2015 8. Date of re-inspection: March 13,2015 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 hay failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public her*.. Dated this 26th day of March, 2015 Code Enforcement Investigator STATE OF FLORIDA Colleen Davidson COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 26th day of March,2015 by GZti-. (Signature of tary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known nor produced identification Type of identification produced KERRY ADAMS MY COMMISSION#FF 130721 111 EXPIRES:EXPIRES:July 8,2018 REV 1-2-15 ao.t„'Fl" Bonded Thru Budget Notary SWIM Case Number:CEOCC20150001572 Date:January 28,2015 Investigator:Colleen Davidson Phone:2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LAVIN, ELIZABETH 5010 TALLOWOOD WAY NAPLES, FL 34116- Location: 5010 TALLOWOOD WAY Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 34 E 150FT OF TR 100 OR 727 PG 1607 Folio: 38397880002 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: Home Occupations. Standards. Collier County Land Development Code 04-41 as amended, Section 5.02.03(D) Home Occupations.Standards. Collier County Land Development Code 04-41 as amended, Section 5.02.03(F) Home Occupations.Standards. Collier County Land Development Code 04-41 as amended, Section 5.02.03(C) Home Occupations.Standards. Collier County Land Development Code 04-41 as amended, Section 5.02.03(1) D. There shall be no receiving of goods or materials other than normal delivery by the U.S. Postal Service or similar carrier.: F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke.: C. The use shall not generate more traffic than would be associated with the allowable residential use.To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited.: I. There shall be no outside storage of goods or products, except plants.Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage.: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: employees picking up and dropping off work vehicles,good and materials being delivered,saw and other equipment being run throughout the day for business purposes,storing materials outside ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with all Home Occupation Standards pursuant to LDC 04-41, as amended Section 5.02.03. 2. Must cease all occupational activities which create or produce excessive noise, obnoxious fumes, dust, or smoke AND Must comply with all Home Occupation Standards pursuant to LDC 04-41, as amended Section 5.02.03. 3. Must cease all outside storage of goods or products on the confines of the home occupation. All outside storage must be in accordance with any storage shed requirements that have been permitted through Community Development -- and Environmental Services, complete with certificate of completion and being used according to the approved zoning use AND/OR Must cease storage activities of plants stored in excess of fifty (50)percent of the total square footage of the property AND Must comply with all Home Occupation Standards pursuant to LDC 04-41,as amended Section 5.02.03. 4. Must cease all traffic that is not associated with the allowable residential use to include travel or parking of employees or customers AND Must comply with all Home Occupation Standards pursuant to LDC 04-41,as amended Section 5.02.03. ON OR BEFORE: 2/28/2015 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2)Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone:239 252-2440 FAX:239 252-2343 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. ---------ml."'m.'mlliI.II..IIIIIIIIIIIIIBIEIII1M ... , ;• • .. ....... AFFIDAVIT OF POSTING • :.:,.• ...'..,..-1...:.....:••••::' . • Code Case Number:CEOCC20150001572 Respondent(s): . .. LAVIN, ELIZABETH • - • . • . , . :.• . : . .: THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)] XNotice of Violation . .. Notice of Hearing j 11 I — Notice of Hearing/imposition of Fines Citation il I _ 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 i ii I described document or the above respondent(s)at 5010 TALLOWOOD WAY ,on 1/28/2015(Date),at 11:00 a.m. Ti e and at the X C fierCo ty Ociii-thouse. ‘i N &,, (Signature of Code Enfotbe•nent Offic141). Colleen Davidson f il i STATE OF FLORIDA • - • . _ • COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 28th day of January 2015 by 11 111 Colleen Davidson(Name of person makingCstatement) ...-: .1: , .. (Signature of Notary Pubfic) ( :'. . q 1 4,:. "1'..,..1.';:::. K z 1"..:-"• "f1-:,:tiES . !!1 *,'-'::- ,: — • ' ' — . , --• . , : ' . .. (Print type or stamp Commissioned Name of ,.. Notarypublic) 'i1 ii 1 XPersonally known 11 :11 Produced identification ...... 1" ill Type of identification produced • - - ..T.: •.1::- " • , - : 11 . . • i ;11 . , . . :11 _ . : v AFFIDAVIT OF MAILING Code Case Number:CE0CC20150001572 Respondent(s): ,, N �6, , ` 'Jnz l -1,`t�. ,-. -yo- -"11 �y NOV mailed Regular/Certified#7012 3460 0001 7026 5622 t YS ,r�zr Case#CEOCC20150001572 CD 14 NOV ti :04 �� f .f c, � fi,a LAVIN, ELIZABETH ru �' ° ,I s j . .� 5010 TALLOWOOD WAY '-fi > A -i 4:,7, R P - :; '' NAPLES, FL 34116 . THE DESCRIPTION OF THE DOCUMENT(S)SERVED: o ��i [Check the applicable document(s)) i ._ ,a ".CIi ied ir,po 1 XNotice of Violation d ''"" p Return Receipt Fee f I c; He* 0 (Endcrsenxr,t Required) —I Notice of Hearing Rcsir:WI Delivery Fee ) .. _Notice of Hearing/Imposition of Fines {pnri x.Ramvrt Rav,,:ydi I Citation m Case# CEOCC20150001572 CD-14 NOV Notice to Appear a ( LAVIN, ELIZABETH o ` 5010 TALLOWOOD WAY _Code Enforcement Board Evidence Packet NAPLES, FL 34116 _Other: t C. . ems-A.C.., , a.' 17:1 1 ' 7 fi:1 I Kimberly Brandes, Code Enforce melt 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 5010 TALLOWOOD WAY NAPLES, FL 34116, on January 29, 2015 ,et 8:15Am. (Signature of Code Enforcrient 4i / ial) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed bafpre me this 29th day of January_,2015 by.kimberly Brandes (Name of person making statement) 7 ;, I. (Signature of otary Public) ''`''�- /NEIL C.DAY * MY COMMISSION.t FF 048477 Vw EXPIRES:August 26,2017 r:e 9T 9ortdedll+ruerAd Notary Seri O5 (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 5.02.03(C), 5.02.03(F), 5.02.03(I) C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end,traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subject address or by customers or clients of the home occupations is prohibited. F. • The on-site use of any equipment or materials shall not create or produce excessive noise,obnoxious fumes,dust, or smoke. I. There shall be no outside storage of goods or products, except plants.Where plants are stored,no more • than fifty(50)percent of the total square footage of the lot may be used for plant storage. INSTR 4688054 OR 4792 PG 1172 RECORDED 5/2/2012 9:53 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoC @.70 $1,610.00 REC $35.50 CONS $230,000.00 PURCHASE PRICE$230.000.00 DOC TAX S 1,610.00 RECORD S35S0 Prepared by and return to: i Ten-i Salt Costa,Esquire Williams Parker Harrison Dietz&Getzen 200 South Orange Avenue Sarasota,Florida 34236 (94 I)3664800 SPECIAL WARRANTY DEED THIS INDENTURE made April 26th, 2012, by and tween OB FLORIDA RRE HOLDINGS, LLC, a Florida Iimited Iiability company,hereinafter referred t. . or w °. t ofliice address is 53I0 East SR 64,Bradenton, FL 34208, and ELIZABETH LAVIN, her i ftrpieI.�•`d � r n whose post office address is 165 Kirtland Drive,Naples,FL 34110. 0 -.P.: WITNESSETH: Grantor, in cons;Verat.n--ofth sorrt of ten d 1 and�.therr\valuable considerations to it in hand paid by Grantee,receipt of which is`herehy a l rintlXdg�s does grant bargain,sell and convey to Grantee,his heirs and assigns forever,the follo ng escrabcf p C � si ate-inAol r nty,Florida: . I II(The East 150 feet of Tract 1 din 1§stat , n • o.3 .a i the map or plat thereof,as recorded in Plat Book 7,Pag f t tPublic Records o Ilier Fount ida. fr Subject to restrictions, reservatrt';a d easements of record;a . liahl governmental regulations; and taxes for the current year. 0 `� See attached corporate resolution for authority o 'lgna ry. together with all appurtenances, privileges, rights, interests, dower, reversions, remainders and easements thereunto appertaining. Grantor warrants against only the lawful claims of all persons claiming by,through or under Grantor. As used herein, the terms "Grantor"and "Grantee" shall include their respective heirs, devisees, personal representatives, - successors and assigns;any gender shall include all genders,the plural number the singular and the singular,the plural. oR 4792 PG 1173 IN WITNESS WHEREOF, Grantor has caused this deed to be executed in its name by its undersigned duly authorized officer the date above written. WITNESSES: OB FLORIDA RRE HOLDINGS,LLC, a Florida limited liability company JOK(64./ � B P anagement Inc.,a Delaware corporation Witness Name: SQn6(r& fc J .,,,,-4, i alter lM�}� .�/ / BY r 1_ Ina Witness Name: 1 -XA ER leS• , 1 Joh esla�Y Tho .son aka Wes Thompson 1 As uthdfized •'epresentative ( / , (Corporate Seai) h` STATE OF FLORIDA 1 / COUNTY OF fl no. 2 p+ `''' / The foregoing instrument was acknow e fore me this ,254,/�,`-Vof A�f1 I 2012 by John Wesley Thompson aka Wes Thompson,as an Auti. r ntatiY_e_ofI$iSP3$anagem nt Inc.,a Delaware corporation, the Manager of OB FLORIDA RRE HOLDING 1; IcteldV lability company,on behalf of the corporation and the company. He is personally known to me or produry YL6i Asn as identification. If no identification is indicated,the above-named person is pe nally tome. 4:i• usASCOTT Signature of Notary Public _....' A IlY CON:MISSION t EEO43297• �`: ' DCPIRES:November18,2014 �� pt r BatedPee No1a7PuhrcUcderwna Print Name of Notary Public (Notary Seal) • I am a Notary Public of the State of Florida and my commission expires on �OV . I i 1 201(4 . OR 4792 PG 1174 WRITTEN CONSENT TO ACTION IN LIEU OF A MEETING OF THE DIRECTORS OF IB SPE MANAGEMENT,INC. Pursuant to the authority contained in Section 211 of the General Corporation Law of the State of Delaware,the adoption of the following resolutions is consented to by the undersigned, who are all of the Directors of IB SPE Management, Inc., a Delaware Corporation (the "Corporation"): RESOLVED, that each of the persons identified below, be, and hereby is, authorized,empowered and directed to execute and deliver.auny and all documents and perform any and all acts that they,in their sole discretion deem necessary or appropriate for the following speciur se,and with the specific authority: (1) To enter int6- i O se-arzd-sa e..� a wand any related documen�ts�ra ansfer,convey,sell;i nsfer,�and/or exchange properlie ;,i nmovable or movable,antkheiii\component parts, all on su i the andbenditior9s the a hot,zed person deems pro er; (2) To exec e/an eIil r 1imt. • .ati' " e ds related to the tra sfe, cdnveeanie,pal , sfer 4 an"e ch ! ge of properties; (3) Re e'ly i 1- cue r eiiatsl or the utfcha ice of any pro�igi immovable or movable,sold;anl' (4) Per ,au other act or thing a-.kialecessary to carry out the p of these resolutions.' The persons design horized,a ,exa.ered are as follows: -~ +-,r,t-) Dan Begley `y Jason Block Brian Buczko Mark Collier Chris Dorn Amy Popma 1 Bruce Reid Mary Rice Neel Stacy Was Thompson FURTHER RESOLVED,that any actions heretofore taken by any of the above named individuals in his or her capacity as an authorized person, as set forth above, be, and hereby are, ratified and confirmed as the authorized acts of the Corporation. *** OR 4792 PG 1175 *** This instrument has been si ned and the foregoing resolutions adopted and written consent to action effective as of the p?O'.day of May,2011. This instrument shall be filed with the minutes of the proceedings of the directors of the Corporation. DIRECTORS Steven Kelley Gregg rader 4h/ (all /6.14.4 Ste hieti Franklin Prentice R.Ja s n ,r0 t \c‘i T.( (4, 4.5/ P • JAX11493999 1 -2- INSTR 5117472 OR 5147 PG 3666 RECORDED 5/5/2015 10:48 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER 'COUNTY FLORIDA REC $18.50 - COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CEOCC20150001572 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, • Petitioner, vs. ELIZABETH LAVIN, Respondent. ORDER OF C1)';4 .`4x` ENT BOARD THIS CAUSE came on for pu tid'h ring before the Code En eme t Board on April 23,2015,and the Code Enforcement Board,having co der,'dt- •• •-nts'Moti.• for Co tinu . ce and being duly advised in the premises,hereupon issues its Find'•gs o k'acte6he1usio• of •w and Or er o the Code Enforcement Board,as , follows: ( ___.}� lI)I G`IQ T'fl 1. Respondent is charged wi '.v'$a .02.03(I)latio✓n of Collier Coun ;$ and l�ileve . nt Code 04-41,as amended, Section 5.02.030,5.02.03(. ,in the foll•.%t': •• i a Employees picking up and droppin:�bf k vehicles,good an t,`ls being delivered. Saw and other equipment being run through' �ay for busjn ,pes;storing materials outside. Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 28,2015. B. All parties shall be re-noticed for the subsequent hearing dam lk DONE AND ORDERED this Cl day of ' '�� 2015 at Collier County,Florida. 'ODE ENFO CEMENT BOA' 11 COLLIER 2 U ,FLT' -'A BY: / :,,(% I./ •,: raui •an, illy 2800 '"o orsesh s State of Florida.. Na' es,F .rids 3, 0' County of COLLIER;:`-'' " STATE OF FLORIDA ) / cs L,,• . )SS: I HEREBY Ei?TI YTFiAt`h s.is1a true and COUNTY OF COLLIER) ■ correct copy a t a document i, i file-in B 4 t..;inTite •-and Records of Collier.County AI Th c.4 S,41.y.hAd,,ai d rfticial.sei3� this i L.>s` railiT E.BROOK,AERK OF COURTS *** OR 5147 PG 3667 *** The fore instrument was aclrnowledged before me this day of – 201 5 y RobeBing rt Kaufman,Chair of the Code Enforcement :oard of Collier C unty,Florida,who is personally own to me• . r• •• • •r c a Flori•• s '•- 's Lice a as identification. , ° KAREN G BAILEY , — ,0 MY COMMISSION*EE875121 �: •i-�'- , EXPIRES February 14,2017r10T •YPUBLIC 07 9R 4 3 -0153 FbridallotaryS1+ice.com M7 commission expires: 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,Phone:(239)252-2440,Website: www.colliergov.net.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. -s_ lz, CO y. f El .FICATE OF Sal' I HEREBY CERTIFY that true:nd correct. • day of t;iORDE" ias been sent by U.S.Mail to Elizabeth Lavin,5010 Tallowood Way,Napl , 34114%—b _ s rAter 'I. il ri Ack ..fir .. r�.; .-A_ [° F• BaO o.9,890 e„ Attorney a ..: •od- •• rcement Board � � 681 Goodie e t•a e.210 Naples,Florida 4;0 L 39 22 6 1-69 .A • • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board • BOARD OF COUNTY COMMISSIONERS, Case: CELU20150004921 COLLIER COUNTY, FLORIDA, Plaintiff, • vs. ROSELENE ELOI, Respondent(s) • • NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL. 34112 VIOLATION: Collier County Land Development Code 04-41, Sections 2.02.03 &4.05.03(A). LOCATION OF VIOLATION:5361 Holland ST, Naples SERVED: ROSELENE ELOI, Respondent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. • IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou lb tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20150004921 Roselene Eloi,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, Sections 2.02.03 and 4.05.03(A) 2. Description of Violation:Automotive repair activity and vehicles parked on the grass of improved residential zoned property 3. Location/address where violation exists: 5361 Holland Street Naples FL 34113 Folio: 62205600007 4. Name and address of owner/person in charge of violation location: Roselene Eloi 5361 Holland Street Naples FL 34113 5. Date violation first observed:March 19,2015 6. Date owner/person in charge given Notice of Violation: March 27,2015 7. Date on/by which violation to be corrected:April 6,2015 8. Date of re-inspection: April 29,2015 9. Results of Re-inspection:Non-compliant STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 12th day of May,2015 1111_of:y.0;e: , c.°6/ Code Enforcei ent Investigator ' STATE OF FLORIDA RY PU COUNTY OF COLLIER ova •94. NEIL C.DAY `�� c MY COMMISSION#FF 048477 anp � EXPIRES:August 26,2017 Sworn to(or affirmed)a jd subscribed before this_day of 1 015 by sr9 F` o� BoudedThruBudgetNotary Services N 1.6 Of L (Signature of Notary PuhTic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 3, or produced identification Type of identification produced RFl/1_9_1c Ca se Number:CELU20150004921 Date:March 27,2015 Investigator:James Kincaid Phone:2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ELOI,ROSELENE 5361 HOLLAND ST NAPLES, FL 34113 Location: 5361 Holland ST Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: NAPLES MANOR EXT BLK 7 LOT 32 Folio:62205600007 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 Specific Parking Requirements for Residential Uses in Mixed Use Urban Residential Land Use. Single Family Dwelling Units.Collier County Land Development Code 04-41,as amended,Section 4.05.03(A) 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. 4.05.03(A) All automobile parking or storage of automobiles in connection with residential structures...The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure,the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell,asphalt, pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area may not comprise an area greater than forty (40%) percent of any required front yard;which, nonetheless,may not serve to limit a driveway to a width of less'than twenty(20)feet. All parked automobiles shall utilize only the designated parking areas of the lot. Violation.Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Automotive repair activity and vehicles parked on the-grass of improved 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. (Automotive repair is not identified) 2. Unless otherwise parked or stored in an enclosed structure,park or store automobiles only on stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell,asphalt, pavers or turf parking systems specifically designated for the parking of automobiles.The designated parking area may not comprise an area greater than forty (40%) percent of any required front yard;which, nonetheless, may not serve to limit a driveway to a width of less than twenty (20)feet. All parked automobiles shall utilize only the designated parking areas of the lot. • ON OR BEFORE:April 6,2015 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 f 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signatur: Phone:239 252-2440 FAX:239 252-2343 James Kincaid 07it1N • t.�.• f1 • • • ` 1_ "ref �7`/ Signature and Title of Recipient 'tinted Name of Recipient CELU20150004921 at S? Y D '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 Land Development Code 04-41 as amended Chapter 2 Zoning Districts and Uses - 2.02.00 Establishment of Zoning Districts 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. Chapter 4 Sight Design and Development Standards 4.05.00 Off Street Parking and Loading Section 4.05.03(A) 4.05.03(A) All automobile parking or storage of automobiles in connection with residential structures ... The parking and/or storage of automobiles in connection with the residential dwelling units they are ancillary and accessory to shall be regulated as follows: A. Single-family dwelling units: Unless otherwise parked or stored in an enclosed structure, the parking or storing of automobiles in connection with single-family dwelling units shall be limited to stabilized subsurface base or plastic grid stabilization system covered by surface areas made of concrete, crushed stone, crushed shell, asphalt; pavers or turf parking systems specifically designated for the parking of automobiles. The designated parking area may not comprise an area greater than forty (40%) percent of any required front yard; which, nonetheless, may not serve to limit a driveway to a width of less than twenty (20)feet. All parked automobiles shall utilize only the designated parking areas of the lot. *** 2112935 OR: 2243 PG: 2142 *>t' 11COIDID ii OUICIkL MOM of COLLID CORTI, 11 1112$/51 it 12.4911 DIIBT I. BOCK, CLI[I COB 42151.11 BC TII 1.11 This instrument prepared by: DOC•.71 251.11 IMMOKALEE HABITAT FOR HUMANITY, INC. !ltd: 640 North 9th Street IIMUM IIiITAT Immokalee, Florida 34142 !0 IOI 1171 (941)6574466 16011111 11 33134.1111 Property Appraisers Parcel Identification Number; 62205600007 Grantees)Social Security Number WARRANTY DEED THIS WARRANTY DEED made this 22nd day of October, 1996. by IMMOKALEE HABITAT FOR HUMANITY,INC.,a Florida not for profit Corporation,and having its principal place of business at 640 North Ninth Street, lnunokalee, Florida, 34142,hereinafter called GRANTOR, to: ROSELENE ELOI,a single woman as tenants by the entirety. *nose post office address is 5361 Holland Street, Naples,FL 34113 hereinafter called GRANTEE: WITNESSETH: That the Grantor,for an in consideration of the sum of$10.00 and other valuable consideration. receipt whereof is hereby acknowledged. hereby grants,bargains,sells,aliens, remises, releases, conveys, and confirms unto the Grantee(s)all that certain land situate in Collier County, State of Florida, viz: LOT 32, BLOCK 7, NAPLES MANOR EXTENSION as recorded to Plat Book 3, Page 101 Pub& Records, Collier County,Florid J Subject to first and seam Purchase Mop ,77 r gages Sern en tan herein as Mortgagors and lrnmokalee Habitat fur Humanity,Inc;;d `da non-profit c•urpor lion a3'Mortgagee,given as consideration of the purchase of the property described lrfrein. . � / _ _—, \ •. Subject to applicable zoning ordinances,building c, e-ar1d other .stricrions iniposed by governmental authority, outstanding oil,gas and othernurjeral n e lrf '. rest 1< • easements common to the subdivision, and as valorem real property taw a cratng sirbieqdasti,INs 0 mlrgr, 'NI TOGETHER, with all t 1nt3';hereditanents and ppurte inc s,,, retu belonging or other case appertaining. , �i !! /a.�l 7O HAVE AND 7C1 HOLD fir same in fee simple forea e � AND the said Grantor hereby co°dwntrwtthr-said-Citttrteefshat the Grantor is lawfully seized of such land,in fee simple;that the Grantor has good�iigh i aid 43+-kifirhoruy to sell and convey said land,and hereby 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 and clear of all encumbrances except taxes accruing subsequent to December, 1995. IN WITNESS WHEREOF,the said Grantor has signed and sealed these presents the day and year first above written. IMMOKALEE HABITAT FOR HUMANITY, INC. Signed, sealed and a F • -profit car,' • • delivered in the presence of: BY: -di .#A' Edmund H. Sorenson, President k 640 North Ninth Street Siglajr4d ammo glee, FL 34142 • :tr Print-, '�' ' (corporate.seal) 1 amt..,.L+ The foregoing instrument was acknowledged before me this 22nd day of October, 1996, by Edmund H,Sorenson, President of IMMOKALEE • HABITAT F I R HUMANITY, C.,a Florida not for profit corporation. T�f f: ,'`4 on• •, • •'d pu • . lie is personally known to me and did Pri Name not ' • • Melinda Velasco c Notary Public • State of Florida at Large Commission No. CC545134 My Commission Expires: 04-03-00 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY.COMMISSIONERS, ' Case: CESD20140022228 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NANCY SIMMONS, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 • TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06 (B)(1)(a) LOCATION OF VIOLATION:685 PALM AVE, GOODLAND SERVED: NANCY SIMMONS, Respondent Steven Lopez-Silvero, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE, HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. • IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive . Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa paid angle tanpri vini avek yon intepret pou pale pou-ou. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner Vs. DEPT CASE NO.CESD20140022228 NANCY SIMMONS,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1) (a) 2. Description of Violation:Observed an existing enclosure on the ground floor of the dwelling without first obtaining the required permit(s),inspections,and certificate of occupancy/completion. 3. Location/address where violation exists: 685 Palm Avenue,Goodland,FL 34145. Folio:46470440005 4. Name and address of owner/person in charge of violation location:Nancy Simmons, PO Box 746 Goodland,FL 34140 5. Date violation first observed:December 05,2014 6. Date owner/person in charge given Notice of Violation:January 08,2015 7. Date on/by which violation to be corrected:February 03,2015 8. Date of re-inspection: February 04,2015 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 fo a publ' hearing. Dated this 21-- day ofik-FV--, 2015 y, Steven Lopez-Silvero Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this?aday of oe I'I�,2015 by S f)t Z c / c- (Signature of Notary Public` (Print/Type/Stamp Commissioned Name of Notary Public) Personally known_X_or produced identification o�pBY Pu41,0 CRI$T1NAB PEREZ Type of identification produced * MY COMMISSION#FF 172144 al EXPIRES:October 28,2018 lien-FLo16Sv Bonded Thru Budget Notary Services nfl!4 n 4C Case Number:CESD20140022228 Date:January 06,2015 Investigator:Steven LopezSilvero Phone:239-877-8141 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SIMMONS, NANCY PO BOX 746 GOODLAND, FL 34140 Location:685 PALM AVE Unincorporated Collier County Zoning Dist:RSF-4 GZO Property Legal Description: GOODLAND ISLES 2ND ADD BLK F LOT 10 OR 1033 PG 1223 Folio: 46470440005 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 enclosure on the ground floor of the dwelling was added without first applying for and obtaining the required permit(s),inspections and certificate of 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 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: February 03,2015 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 4 ■ 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Steven Lopez-Silvero )4+2,,-ec4AotitA Poil Signature Recipient and Title of Reci ient l (. (` �',, (�c- f i_ 41 cyrx-erk..cav�3 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. Coll ler County, Florida, Lend DevP1opmero:rode > COLLiFR COUNTY LAND DEVELOPr... ENT CODE COLLIER COUNTY LAND DEVELOPMENT CODE ;- Republished by Order of the Board of County Commissioners Adopted: June 22. 2004 - Effective: October 18, 2004 P \\( munic e Municipal code Corporation • PO Box 2235 Tallahassee,FL 32316 info@rnunitoclecorn • 800.2622633 fax 850.575.885 2 • www_rnu nicade_corn 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. • •II r SlAstrten RAMC O roaM•.,•worn. ■ Ii • P.B.410.04 • • 'I This indcnturt, CD - a b�� IC Cb CD Made this 15th dot' a July .t. 1) Io ,D6liO[LII O cf t . . GEORGE C. MC Collier a single man 1. to of the County 01 llier n the Nt,nc of Florida .part ies of the first part,and il GOLDIE W. SIMKINS, SR. and NANCY SIWINS, husband and wife of the County of •in the Stoic of Florida o,hose post office address tt 2331 SW 35th Avenue, Fort Lauderdale, Florida 33312 port of the second part. That the said Party of the first port, for and in rwoideration of the sues of ,.. P a- TEN AND OTHER GOOD AND VALUABLE CONSIDERATION DoBoen. _ ? • ® i-- to him in hand riot/ i,i the sold part of the second port,the receipt ammo)is hereby achrtnmie° era edged pia granted,her•at,d,and sold to the said parties of the second part. their heirs! �a • rri is _ and assigns forever the (oiiaoinp desrribed land,situate.and being in the County of Collier ,°? v N W• Slot..of Florida ,to„.if .J.1 CO © Lot 10, Block F of Goodland Isles Gaud Addition, according to the A i Plat thereof, as recorded-fit Rgek1� a 19 of the Public Records of Collier County, Florida'`' L • SUBJECT to restrit`tiu , ervations and e- -'inegit�4w9E.record and taxes for _ ll 1983 and subsegCt a I )e s. r. /17.—.—....\ g •Received P .r75 — ._ " Documenffary St)5rnp Tax I,�,{' t i Collier Cpunty fF 0 t•• . t= -- w Williamt.Re ••n,, le < .° 1 I by £ , i 1 l '..r iV511 And the said p ` the first part do es hereby 1.4 AI Ifi4Rg=�lead and aril!defend the same against the ..(`dims of all persons whomsoever. F1,-,. ,f`f 1� 1 Iii ilfless -" e', The said port Y of the first i'h hereunto set his e• hand and seal the •• gar rlytn -• t above written. j-/ en m j v a Signed.sealed and delivered■ • helot..- "a af: k.,.../ / ✓ OD ori9I Wit s - m I es eorge. . Mosley , 3 I<^ 1 Witness STATE OF FLORIDA, 1, COUNTY OF COLLIER q!, I HEREBY CERTIFY that on this day,before me,no officer duly authorized in the State aforesaid and in the County aforesaid to take ockoowledgmente,personally appeared George C. Mosley to me known to be the person described in and who executed the foregoing instrument and who nib owledged before me that he executed the same. WITNESS toy hand and official seal in the County and State last aforesaid this 15th day of July A-D-19 83. • My commission expires: 9/4/1l d /LA—fr.. togas?PUBLIC 5TATr`OVEY4tlf isgl ACT COMMISSION ISPIA'S AUG 6 1984 �-- 01 •-_ IQ6LIEIB ISCRU GENERAL INS,UbLf5WRIICRS (SEACY'`• �P 9 p f witturn D.Y,ramet .7„,"•'' .1 Y7rir/unnaeeui�rrpnmd by: Attorney at Lair "e"�'~""'" s'} " ,lddrrsr 761 Eikcaln Circle `r�'t:j ,''} Marco Island,FL 33937 I L . • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES20150002111 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NAZDAR INC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015. TIME: 09:00 AM . PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 5.06.10(D), 5.06.10(E). LOCATION OF VIOLATION: 1841 Frederick ST, Naples SERVED: NAZDAR INC, Respondent Sherry Patterson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAIvII TRAIL,NAPLES FLORIDA 34112 (239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con as cornunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tanpri vin!avek yon intepret you pale you-ou. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CES20150002111 NAZDAR 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. 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 04-041 as amended, Section(s) 5.06.10(D),5.06.10(E) 2. Description of Violation:Abandoned Sign structure.Related buildings and/or structures on property demolished in 2012. Reference permit PRBD20121124459 3. Location/address where violation exists: folio# 26880200101 1841 Frederick St. Naples, Florida 34112 4. Name and address of owner/person in charge of violation location: NAZDAR INC. 1199 3rd St S #A Naples,Florida 34102 5. Date violation first observed:February 9,2015 6. Date owner/person in charge given Notice of Violation: March 2,2015 7. Date on/by which violation to be corrected:April 1,2015 8. Date of re-inspection: April 2,2015 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 hive failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for . au paring. Dated this ;g day oft v,1 2015 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swo- to r affirmed)and subscribed before thi� day o141,2015 by 0jVt1 'r e,�r,0- 7L.,---, (Signature of otary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced tt p vo KERRY ADAMS =o •.' MY COMMISSION#FF 139721 C A ,, *;. ql;t:_ EXPIRES:July 8,2018 REV 1-2-15 'grfoF F,,c)`o Bonded Thru Budget Notary Services Case Number: CES20150002111 Date: March 2,2015 Investigator: Sherry Patterson Phone: 2392522314 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NAZDAR INC 1199 3RD STS#A NAPLES, FL 34102 Registered Agent: DALE E CHLUMSKY 1199 THIRD STREET SOUTH - NAPLES, FL 34102 Location: 1841 Frederick ST Unincorporated Collier County Zoning Dist: C-4-GTMUD-MXD Property Legal Description: CO-LEE-CO TERRACE LOT 17, 18&W 1 OF LOT 19, LESS THAT PORTION OF LOT 17 AS DESC IN OR 2643 PG 305 (RIW) Folio: 26880200101 - 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 Signs. Collier County Land Development Code 04-41 as amended, Section 5.06.10(D), 5.06.10(E) When all buildings on a site are being demolished, all signs and sign structures must be removed from the site at the same time. The owner, agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit. However, if the site is under consideration for a site plan and has a conforming sign and sign structure, the County Manager or designee may allow the owner, agent or person in charge of the premises to maintain the sign and/or the sign structure while under site plan consideration for a maximum of 1 year. The owner, agent or person in charge of a vacant property(no buildings)that has a sign or sign structure shall be required to remove all signs and sign structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a timely manner, the violation shall be referred to the Code Enforcement Board. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Abandoned sign structure. Related buildings and/or structures on property demolished in 2012. Ref. PRBD20121124459 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must remove or cause to remove abandoned sign structure. Must obtain required Collier County Demolition permit complete all required inspection(s), and obtain certificate of completion. ON OR BEFORE: 04/1/2015 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. r SERVE. FHB t,= INQUIRIES AND COMMENTS SHOULD BE I DIRECTED TO CODE ENFORCEMENT _! 2800 North Horseshoe Dr, Naples, FL 34104 Inve`tigatrortSignature Phone: 239 252-2440 FAX: 239 252-2343 Sherry Patterson Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. A, . . . . . - :•:. .,.:;1. '..... --q • .1 ,. ' - SENDER:COMPLETE THIS SECTION _ _ COMPLETE THIS SECTION ON DELIVERY , ' i . • Complete items i-oi;and 3.Also complete A. Sirstre f-, • Item 4 if Restrictedlbelivery is desired. j--C4Agent ' • Print your name and address on the reverse X (—)( s Liz,s-emAA 0 Addressee so that we can return the card to you, _ . ..___ -- - B. Roca eived r rinted Name) ms Ned Deivm..I • Attach this card to the back of the mailplece, or on the front if space permits. a . .c.i& ktrie . v—Z —JJ • ' D.IS delivery address different from Item 1? 0 Yes 1. Article Addressed to; .._ '""'-°----.delivery address below: 0 NO Case#ZES20150002111 NOV4SP-F0 MIIR 15 PH 342 0 ,.......—., . NAZDAR INC .. 1199 3RD ST S #A • . . NAPLES, FL 34102 3. Service Type Certified Mall° 0 Priority Mall Express"' ._ . ....1k....---•--- ------— Registered El Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery _ . 4. Restricted Delivery?(Extra Fee) 0 Yes -.. 7012 3460 0001 7026 8036 2. Article Number 1 (Transfer frbm service 1,360 14 610.11,4t, . Oto PS Form 3811,July 2013 Domestic Return Receipt 3.-z13-124tesi`A. . _______—_—__— I UNITED STATES SCE 1 1 1 First-Class Mail FL -la) Postage&Fees Paid USPS 2.2.§I1AR 15 Permit No.G-10 _ • Sender Please print your name,address,-and ZIP+4®in this box° 1111'31i1 Code Enforcement Collier county Government -21100 N. Horseshoe Drive I Naples, Florida 34104 1 1 55 ,•,.: ihibiliiii,N1111'11/1111"111111111.111thiblibilliPnigh - _ • . . . 5.06.10-Removal of Prohibited-or Abandoned Signs. A. Prohibited signs on public property or in the right-of-way shall be removed immediately,and may be removed by the County without notice. B. The owner,agent or person in charge of the premises shall remove all nonconforming abandoned signs and sign structures within 30 days after receipt of written notification. If the sign is not removed in a timely manner,then the violation shall be referred to the Code Enforcement Board. C. A conforming sign or sign structure shall be considered a conforming abandoned sign or sign structure 90 days after a business ceases operation at that location. The owner, agent or person in charge of the premises shall replace the sign face with a blank panel on all conforming abandoned signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign face is not replaced with a blank panel in a timely manner,the,violation shall be referred to the Code Enforcement Board. 1. All conforming abandoned signs and sign structures shall remain with the blank panels for no more than 3 years after a business ceases operation at that location: The owner, agent or person in charge of the premises shall remove all signs and sign structures within 30 days after receipt of written notification by County Manager or designee. If the sign or sign structure are not timely removed, the violation shall be referred to the Code Enforcement Board. D. When all buildings on a site are being demolished,all signs and sign structures must be removed from the site at the same time.The owner,agent or person in charge of the premises shall be required to include all signs being removed on the demolition permit. However, if the site is under consideration for a.site plan and has a conforming sign and sign structure,the County Manager or designee may allow the owner,agent or person in charge of the premises to maintain the sign and/or the sign structure while under site plan consideration for a maximum of 1 year. E. The owner, agent or person in charge of a vacant property(no buildings)that has a sign or sign structure shall be required to remove all signs and sign structures within 30 days after notice by the County Manager or designee. If the signs and sign structures are not removed in a timely manner,the violation shall be referred to the Code Enforcement Board. (Ord. No. 09-43, §3,13) INSTR 4474120 OR 4604 PG 695 RECORDED 9/13/2010 3:02 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT DOC@.70 $1,890.00 REC $18.50 CONS $270,000.00 \ht\v.t- % Z'7°,() DD c-3rc 1 -r1gcip Prepared By and Return To: Thomas A.Collins,II,Esquire Treiser Collins - 3080 Tamiami Trail East, Naples,FL 34112 239-649-4900 File Number. 2614.014 Parcel Identification No.26880200101 [Space Above This Line For Recording Data) Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) THIS INDENTURE made this L73rd day of-5.1_0-6 tin-tOS'a,2010 between Patricia A. Whiting, an unremaried widow, whose post office address is 370 Devils bight,Naples, FL 34103 of the County of Collier, State of Florida,grantor*,and Nazdar,Inc., a a 0t .. ;.whose post office address is 1199 Third Street South#A,Naples,FL 34102 of the County er,State Nd\ antee*, WITNESSETH, that said antgr,-f r—and-in consideration o the um of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable 1onsJ er ltML.t sat rin hand .aid by said grantee, the receipt whereof is hereby acknowledged, has granted, b gai'ed.a4 so d t R;an et d g\antee's heirs and assigns forever, the following described land,situate,lying and l in! nJ o\ier s n l i for wit:\ t Lot 17 and 18, and the ' br '4I if f to, 6, Co bee 0 efface, according to the plat thereof recorded at 13 took 1, Page 32, iriktte Pj1ibliucords of Collier County, Florida; less that portion o Ip 17 described as fol: ./gc in at the northwest corner of said Lot 17,said corner b 'fog, a curve concave jon-t{ti erly,thence along the north line of said Lot 17, the arc o r e to ri• ; ,� a radius of 11,409.16 feet, a central angle of 00° 10'38", an ar le___:;,, of 10- , the chord for which bears South 52°34' 46" East to the end of said curve-and-ttr'a point of intersection with a non-tangent curve concave southeasterly,thence along the arc of said curve to the left,having a radius of 29.50 feet,a central angle of 10°59'57",an arc length of 5.66 feet,the chord for which bears North 79° 32' 12" West to the end of said curve and the beginning of a curve concave southeasterly, thence along the arc of said curve to the left having a radius of 19.50 feet, a central angle of 67° 37' 00", an arc length of 23.01 feet, the chord for which bears South 56° 07' 22" West to the end of said curve; thence South 30° 02' 30" West, 8.13 feet to the west line of said Lot 17; thence along said west line North 00° 34' 36" West,39.56 feet to the Point of Beginning. Subject to the following: (a)ad valorem and non ad valorem real property taxes for the year of closing and subsequent years; (b) zoning, building code and other use restrictions imposed by governmental authority;-(c) outstanding oil, gas and mineral interests of record, if any; and(d)restrictions,reservations and easements common to the subdivision. 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. DoubleTime® *** OR 4604 PG 696 *** And said grantor does hereby fully warrant the title to said land, and will defend the same against lawful claims of all persons whomsoever. * "Grantor" and"Grantee" are used for singular or plural,as context requires. IN WITNESS WHEREOF,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: 7" / = l' —7,'"="01,--,--/-1. P ?6,7 ,,, (Seal) Witness Name: %etc,.=14J 4 (l/i%+!�,.5 —Patricia A. Whiting - "ate Witness •"%P -: mti.` ,00-il J 7 1 State of Florida LIJ f r County of Collier 1 1 ( \ j 1-, , L., 1 The foregoing instrument was owledged before \,_, thi ._ / day ofd p),,.i10,�2010 by Patricia A.Whiting,who is pe i.-sdn• ly known or[ ]7 fAp o eko.a driver's license as identification. [Notary Seal] -EI' ili Printed Name: C0.r -, \— i 1 i MAFiYJOR'OJC1ECf WSi0 t my COMMISSION S DD 6366,5 3'. a—kg EXPIRES_February 15,2013 My Commission '".VIV Bc ded Thru Nctary Public Undetwrlters Expires: Warranty Deed(Statutory Form)-Page 2 DoubleTime® CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA • Code Enforcement Board BOARD OF COUNTY COMMISSIONERS,- Case: CESD20140023599 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CHRISTOPHER TOMEI & LENORE BRAKEFIELD TOMEI &JEANINE H. BRAKEFIELD, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 • TIME: 09:00 AM . PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 5.03.06(E) (5). LOCATION OF VIOLATION: 140 CAPRI BLVD, NAPLES SERVED: CHRISTOPHER TOMEI & LENORE BRAKEFIELD TOMEI & JEANINE H. BRAKEFIELD, Respondent Michael Odom, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2400 Telephone • IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN'ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112 • (239)7748800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y Listed sera responsable de proveer su propio traductor,para un major entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20140023599 TOMEI,CHRISTOPHER LENORE BRAKEFIELD TOMEI JEANINE H BRAKEFIELD,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 Special Magistrate,for the following reasons: 1. Violation of Collier County Land Development Code 04-41 as amended, Section 5.03.06(E)(5), Types of Conformities. 2. Description of Violation:Vessel/floating dock does not meet required 15 foot setback for lot with water frontage of 60 feet or greater. 3. Location/address where violation exists: 140 Capri Blvd,Naples FL,34113 Folio:52391560003 4. Name and address of owner/person in charge of violation location: Tomei, Christopher, Lenore Brakefield Tomei,Jeanine H Brakefield. 140 Capri Blvd,Naples,FL,34113 5. Date violation first observed:February 11,2015 6. Date owner/person in charge given Notice of Violation: February 16,2015 7. Date on/by which violation to be corrected:March 18,2015 8. Date of re-inspection: May 7,2015 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 Special Magistrate for a public hearing. Dated this 7th day of May, 2015. M id Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this day of Mct 1 2015 by (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification ar Pie KERRY ADAMS * Type of identification produced =�yt ` MY COMMISSION#FF 139721 ? . EXPIRES:July 8,2018 REV 1-2-15 �'44.,F, Bonded moo Budget Notary Services Case Number: CESD20140023599 Date: February 16, 2015 Investigator: Sherry Patterson Phone: 2392522314 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TOMEI, CHRISTOPHER LENORE BRAKEFIELD TOMEI JEANINE H BRAKEFIELD 140 CAPRI BLVD NAPLES, FL 34113 Location: 140 CAPRI BLVD Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: ISLES OF CAPRI NO 2 LOT 173 Folio: 52391560003 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: Dock Facilities ; Collier County Land Develoment Code 04-41 as amended, Section 5.03.06(E)(5), Types Of Conformities; Collier County Land Develoment Code 04-41 as amended, Section 9.03.03.B.2.a 5.AIl dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet. B.Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under the LDC by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 2.Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than fifty(50) percent of its actual replacement cost at time of destruction, as determined by a cost estimate submitted to the site development review director, it shall not be reconstructed except in conformity with provisions of the LDC. a. Docks and boathouses are not subject to the provisions of Section (B)(2) above. docks and boathouses must be reconstructed to conform to the Code only if the reconstruction of the dock or boathouse will expand or alter the original nonconforming facility with regard to deck area, protrusion, setbacks, or the addition of any covered structure, regardless of the percentage of destruction or repairs performed. The determination of legal nonconforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record, or other dated photography or documentation showing that the facility existed in its present location and configuration prior to 1990.Any expansion of the facility, no matter how insignificant will void legal nonconforming status and require strict compliance to the Code. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 1. Vessel/floating dock does not meet required 15 foot side setback for lot with water frontage of 60 feet or greater. 2. Fixed wood dock built without required Collier County Building permit(s) ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain a variance from the required 15 foot side riparian line setback to the vessel/floating dock,or the vessel/floating dock must be moved to a conforming location. 2. Must provide documented proof that pre-existing non-conforming fixed wood dock existed in its present location and configuration prior to 1990. The determination of legal non-conforming status will be established by presentation of a signed, sealed survey, a copy of the Property Appraiser's record or other dated photography or documentation. Should legal non-conforming status be obatined, any expansion of the facility no matter how insignificant,will void legal non- conforming status and require strict compliance to the Collier County Land Development Code. ON OR BEFORE: 03/18/2015 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 Br r. d review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs. 'prosecution. i SERVED B . INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Sherry Patterson 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: CESD20140023599 Respondent(s): TOMEI, CHRISTOPHER LENORE BRAKEFIELD TOMEI JEANINE H BRAKEFIELD 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 Sherry Patterson, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)for/ye -boo,e respond ct(s) at 140 CAPRI BLVD , on February 17th, 2015 (Date), at 3:16pm (Time), and at 7.513 the X Colli 1 • , 04 seG e Immokalee Courthouse. (Signature 5PC`.ode Enforcement Official) • Sherry Patterson STATE OF FLORIDA COUNTY OF COLLIER Swor to,(pr affirmed) and subibed before me this I$`tom day of �, 1\) ),(-.1., ,2015 by Sherry Patterson (Name of person make g statement) 1 1 (Signature-o Notary P blic) 43‘„,.-....846 uNEIL C.DAY * , _ * MY COMMISSION#FF 048477 +�uu EXPIRES:August 26,2017 - E oe-°` Bonded Thru Budget Notary Services 9p OF FL � (Print,type or stamp Commissioned Name of Notary Public) Personally known Produced identification Type of identification produced . Collier County, FL Land Development Code Page 1 of 6 5.03.06- Dock Facilities A. Generally. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access for routine maintenance and use, while minimally impacting navigation within any adjacent navigable channel,the use of the waterway,the use of neighboring docks,the native marine habitat, manatees, and the view of the waterway by the neighboring property owners. B. Allowable uses.The following uses may be permitted on waterfront property: 1.- Individual or multiple private docks. 2. Mooring pilings. 3. Davits or lifts. 4. Boathouses. 5. Boat lift canopies. C. Measurement of dock protrusions and extensions. 1. Measurement is made from the most restrictive of the following: property line, bulkhead line, shoreline, seawall, rip-rap line, control elevation contour, or mean high water line (MHWL). 2. On manmade waterways less than 100 feet in width,where the actual waterway has receded from the platted waterfront property line, the County Manager or Designee may approve an administrative variance allowing measurement of the protrusion from the existing MHWL, provided that: a. A signed, sealed survey no more than 60 days old is provided showing the location of the MHWL on either side of the waterway at the site, as well as any dock facilities on the subject property and the property directly across the waterway; and b. At least 50% of the true waterway width, as depicted by the survey, is maintained for navigability. 3. On manmade canals 60 feet or less in width, which are not reinforced by a vertical seawall or bulkhead, at least 33 percent of the true waterway width, as depicted by the survey, must be maintained for navigability. 4. The allowable protrusion of the facility into the waterway shall be based on the percentages described in subsection 5.03.06(E)(2) of this LDC as applied to the true waterway width, as depicted by the survey, and not the platted canal width. D. Determination as principal or accessory use. 1. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and/or structures. 2. Boathouses and dock facilities proposed on residentially zoned properties, as defined in section 2.02.02 of this LDC, shall be considered an accessory use or structure. 3. Any covered structure erected on a private boat dock shall be considered an accessory use, and shall also be required to be approved through the procedures and criteria of subsections 5.03.06(G) and 5.03.06(F) of this LDC. E. Standards for dock facilities.The following criteria apply to dock facilities and boathouses,with Collier County, FL Land Development Code Page 2 of 6 the exception of dock facilities and boathouses on manmade lakes and other manmade bodies of water under private control. 1. For lots on a canal or waterway that is 100 feet or greater in width, no boathouse or dock facility/boat combination shall protrude more than 20 feet into the waterway(i.e.the total protrusion of the dock facility plus the total protrusion of the moored vessel). 2. For Jots on a canal or waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway,whichever is less. 3. On manmade canals 60 feet or less in width,which are not reinforced by a vertical seawall or bulkhead, dock facilities may protrude up to 33 percent of the width of the waterway, provided that the procedures outlined in section 5.03.06(C) are followed. 4. For lots on unbridged barrier islands located within state aquatic preserves, protrusion limits, setbacks, and deck area shall be determined by the applicable Florida Department of Environmental Protection (DEP) regulations in effect at the time of permit application, and the protrusion limits above shall not apply.All required DEP permits for a dock facility must be obtained prior to the issuance of a Collier County building permit for the facility. 5. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in subsections 5.03.06(E) or 5.03.06(F) of this LDC or as exempted below. 6. All dock facilities, except boathouses, on lots with less than 60 feet of water frontage shall have a side setback requirement of 7.5 feet. 7. All dock facilities, except boathouses, on lots at the end or side end of a canal or waterway shall have a side setback requirement of 7.5 feet as measured from the side lot line or riparian line, whichever is appropriate. 8. Riparian lines for lots at the end or side end of a waterway with a regular shoreline shall be established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the 2 intersecting lots. 9. Riparian lines for all other lots shall be established by generally accepted methods,taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular(linear) shorelines, or lines drawn perpendicular to the-centerline (thread) of the waterway, perpendicular to the line of deep water(line of navigability or edge of navigable channel), as appropriate, for irregular shorelines. 610. All dock facilities, regardless of length and/or protrusion, shall have reflectors and house numbers, no less than 4 inches in height, installed at the outermost end on both sides. For multi-family developments, the house number requirement is waived. 11. Multi-slip docking facilities with 10 or more slips will be reviewed for consistency with the Manatee Protection Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the proposed development is consistent with the MPP,then the developer shall submit a "Manatee Awareness and Protection Plan,"which shall address, but not be limited to, the following categories: Collier County, FL Land Development Code Page 3 of 6 a. Education and public awareness. b. Posting and maintaining manatee awareness signs. 12. Information on the type and destination of boat traffic that will be generated from the facility. 13. Monitoring and maintenance of water quality to comply with state standards. 14. Marking of navigational channels, as may be required. F. Standards for boathouses.Boathouses, including any roofed structure built on a dock, shall be reviewed by the Planning Commission according to the following criteria, all of which must be met in order for the Planning Commission to approve the request: 1. Minimum side setback requirement: Fifteen feet. 2. Maximum protrusion into waterway:Twenty-five percent of canal width or 20 feet,whichever is less.The roof alone may overhang no more than 3 feet into the waterway beyond the maximum protrusion and/or side setbacks. 3. Maximum height: Fifteen feet as measured from the top of the seawall or bank,whichever is more restrictive, to the peak or highest elevation of the roof; 4. Maximum number of boathouses or covered structures per site: One. 5. All boathouses and covered structures shall be completely open on all 4 sides. 6. Roofing material and roof color shall be the same as materials and colors used on the principal structure or may be of a palm frond "chickee" style.A single-family dwelling unit must be constructed on the subject lot prior to, or simultaneously with,the construction of any boathouse or covered dockstructure. 7. The boathouse or covered structure must be so located as to minimize the impact on the view of the adjacent neighbors to the greatest extent practical. G. Standards forboat lift canopies. 1. Boat lift canopies shall be permitted over an existing boat lift attached to a dock legally permitted, by the requisite local, state and federal agencies, if the following criteria are met. a. Canopy covers shall not extend more than 27 inches beyond the width of the boat lift on each side. b. The length of the boat lift canopy shall not exceed 35 feet. c. The height of the boat lift canopy shall not exceed 12 feet, measured from the highest point of the canopy to the height of the dock walkway. d. The sides of the canopy cover shall remain open on all sides, except that a drop curtain, not to exceed 18 inches shall be permitted on the sides. e. Boat lift canopies shall meet the requirements of Awnings and Canopies in the Florida Building Code. f. Canopy cover material shall be limited to beige, or mid-range shades of blue or green. g. No boatlift canopies shall be permitted at sites that contain either a boathouse or a covered structure. 2. Lots with frontage on canals shall be permitted a maximum of one boatlift canopy per site. Collier County, FL Land Development Code Page 4 of 6 Lots with frontage on bays shall be permitted a maximum of 2 boatlift canopies per site. 3. If an applicant wishes to construct a boat lift canopy that does not meet the standards of subsection 5.03.06 G. above,then a petition for a boat lift canopy deviation may be made to the Planning Commission which shall review a sufficient petition application and either approve or deny the request. H. Dock facilityextension.Additional protrusion of a dock facility into any waterway beyond the limits established in LDC subsection 5.03.06 E. may be considered appropriate under certain circumstances. In order for the Planning Commission to approve the boat dock extension request, it must be determined that at least 4 of the 5 primary criteria, and at least 4 of the 6 secondary criteria, have been met. These criteria are as follows: 1. Primary Criteria: a. Whether the number of dock facilities and/or boat slips proposed is appropriate in relation to the waterfront length, location, upland land use, and zoning of the subject property. Consideration should be made of property on unbridged barrier islands,where vessels are the primary means of transportation to and from the property. (The number should be appropriate; typical, single-family use should be no more than 2 slips; typical multi-family use should be 1 slip per dwelling unit; in the case of unbridged barrier island docks, additional slips may be appropriate). b. Whether the water depth at the proposed site is so shallow that a_vessel of the general length,type, and draft as that described in the petitioner's application is unable to launch or moor at mean low tide (MLT). (The petitioner's application and survey should establish that the water depth is too shallow to allow launching and mooring of the vessel(s) described without an extension). c. Whether the proposed dock facility may have an adverse impact on navigation within an adjacent marked or charted navigable channel. (The facility should not intrude into any marked or charted navigable channel thus impeding vessel traffic in the channel). d. Whether the proposed dock facility protrudes no more than 25 percent of the width of the waterway, and whether a minimum of 50% of the waterway width between dock facilities on either side of the waterway is maintained for navigability. (The facility should maintain the required percentages). e. Whether the proposed location and design of the dock facility is such that the facility would not interfere with the use of neighboring docks. (The facility should not interfere with the use of legally permitted neighboring docks). 2. Secondary criteria: a. Whether there are special conditions, not involving water depth, related to the subject property or waterway,which justify the proposed dimensions and location of the proposed dock facility. (There must be at least 1 special condition related to the property; these may include type of shoreline reinforcement, shoreline configuration, mangrove growth, or seagrass beds). b. Whether the proposed dock facility would allow reasonable, safe access to the vessel for loading and/or unloading and routine maintenance,without the use of excessive deck Collier County, FL Land Development Code Page 5 of 6 area not directly related to these functions. (The facility should not use excessive deck area). c. For single-family dock facilities, whether the length of the vessel, or vessels in combination, described by the petitioner exceeds 50 percent of the subject property's linear waterfront footage. (The applicable maximum percentage should be maintained). d. Whether the proposed facility would have a major impact on the waterfront view of neighboring waterfront property owners. (The facility should not have a major impact on the view of a neighboring property owner). e. Whether seagrass beds are located within 200 feet of the proposed dock facility. (If seagrass beds are present, compliance with subsection 5.03.06(H)(2). of this LDC must be demonstrated). f. Whether the proposed dock facility is subject to the manatee protection requirements of subsection 5.03.06(E)(11) of this LDC. (If applicable, compliance with section 5.03.06(E)(11) must be demonstrated). g. If deemed necessary based upon review of the above criteria,the Planning Commission may impose such conditions upon the approval of an extension request that it deems necessary to accomplish the purposes of this Code and to protect the safety and welfare of the public. Such conditions may include, but shall not be limited to, greater side setback(s), and provision of light(s), additional reflectors, or reflectors larger than four(4) inches. I. Procedures for approval of docks, dock facilities, and boathouses. 1. The Administrative Code shall establish the procedures and submittal requirements for the issuance of permits for docks, dock facilities, and boathouses. Notice procedures are provided in LDC section 10.03.06 2. All dock facilities are subject to, and shall comply with, all federal and state requirements and permits, including, but not limited,to the requirements and permits of the DEP, the U.S. Army Corps of Engineers, and the U.S. Environmental Protection Agency. 3. Nonresidential dock facilities shall be subject to all of the provisions of LDC section 5.03.06, with the exception that protrusions for nonresidential dock facilities beyond the specified limits shall be determined administratively by the County Manager or designee at the time of site development plan review, based on an evaluation of the criteria in LDC subsection 5.03.06 H. J. Protection of seagrass beds. Seagrass or seagrass beds within 200 feet of any proposed docks, dock facilities, or boathouses shall be protected through the following standards: 1. Where new docking facilities or boat dock extensions are proposed, the location and presence of seagrass or seagrass beds within 200 feet of any proposed dock facility shall be identified on an aerial photograph having a scale of 1 inch to 200 feet when available from the County, or a scale of 1 inch to 400 feet when such photographs are not available from the County. The location of seagrass beds shall be verified by the County Manager or designee prior to issuance of any project approval or permit. 2. All proposed dock facilities shall be located and aligned to stay at least 10 feet from any Collier County, FL Land Development Code Page 6 of 6 existing seagrass beds, except where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, and to minimize negative impacts to seagrasses and other native shoreline, emergent and submerged vegetation, and hard bottom communities. 3. Where a continuous bed of seagrasses exists off the shore of the property and adjacent to the property, the applicant shall be allowed to build a dock across the seagrass beds, or a docking facility within 10 feet of seagrass beds. Such docking facilities shall comply with the following conditions: a. The dock shall be at a height of at least 3.5 feet NGVD. b. The terminal platform area of the dock shall not exceed 160 square feet. c. The accessdock shall not exceed a width of 4 feet. d. The accessdock and terminal platform shall be sited to impact the smallest area of seagrass beds possible. 4. The petitioner shall be required to demonstrate how negative impacts to seagrass beds and other native shoreline vegetation and hard bottom communities have been minimized prior to any project approval or permit issuance. (Ord.No. 06-63,§3.CC;Ord. No. 73-56,§3.N) INSTR 4923848 OR 4992 PG 264 RECORDED 12/13/2013 10:27 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $653.80 REC $18.50 INDX $1.00 CONS $93,333.33 tJ Consideration: $ q 3, 3 t/3.5' r 3 C ' ) Documentary Stamps:$ �°5 3, t; Recording Fee:$ , s Prepared by and return to: James F.Morey,Esq. Bond,Schoeneck&King,PLLC 4001 Tamiami Trail North Suite 250 Naples,FL 34103 File Number: 972680a Parcel Identification No.52391560003 [Space Above This Line For Recording Data] Warranty Deed (STATUTORY FORM-SECTION 689.02,F.S.) This Indenture made this da r- Christopher Tomei and Lenore Brakefield Tomei,husband and wife/.. 'post off s 2 Capri Blvd.,Naples,FL 34113 of the County of Collier,State of Florida, . ac'r*,and Christopher To` Lenore Brakefield Tomei,husband and wife,and Jeanine H.Brakefeld,joy tenantssrith-.fu ights f survivorship,whose post office address is 140 Capri BIvd.,Naples,FL 341131f the o�; ollie State o Florida,grantee*, Witnesseth that said grantor, fo and i con id ra io s : EN\ ND NO/100 DOLLARS ($10.00) and other good and valuable con i : o i.s I. o in had ai by)said grantee, the receipt whereof is hereby acknowledged, has grant .rgamed,a l sold t thus id 0e, and grantee's heirs and assigns forever,the following described la ate,lying and bein_ �,�Co lie tsnty,Florida,to-wit: Lot 173,Isles of Capri No.2, s I rded in Plat Book.3, 46,Public Records of Collier County,Florida. Subject to restrictions,reservations an a nrenircommon to the subdivision;zoning, building code and other use restrictions imposed by governmental authority;outstanding oil,gas and mineral interests of record,if any; and taxes subsequent to 2013. and said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. *"Grantor"and"Grantee are used for singular or plural,as context requires. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. bond,Schoeneck&King,PLLC 4001 Tarniatn►Trait North,Suite 250 Nzptes,FL 34103 DoubieTimeo *** OR 4992 PG 265 *** Signed,sealed and delivered in our presence: • (4/thii1461.4,/ .... .-____ -____..)---e____, � (Seal) (Signature of1Wiitnesss# ) ! Christopher Tomei L. Print Name: Lizu Ue c-) a-i,e-/c‘cf).-/ e_./_-(--(,. .0c, ,,- ,.,,,,, ._Ae,A .. _ � C ( ignature of Witness#2) i e.ire Brakefield Toni Pr t Name:A/t,15y14*GPI 07------Th 411.,?., . State of Florida 7/ County of Collier The The foregoing instrument was ac o‘ edge2. .efor et - lk, o De ember,2013 by Christopher Tomei and Lenore Brakefield om #, w . _ _ f .er an ly own or f_]have produced ver 1.e ,' '.e t" •:tion. ``, CA [Notary Seal] . Nota v141 li L Cr edNam �x e: • ...,' LOURDESLfY 1„,2', MY CO SSONtDOarsom My Commission Expires: le " :- EXPIRES:May 1,2014 �� 'Bonded Thru Wary Pudic Urdec tars �' a ry.•` Warranty Deed(Statutory Form)-Page 2 DoubleTimee • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20150002426 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ROGER J GEMMEN M.D. TRUST, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 2.02.03 LOCATION OF VIOLATION: 11315 Tamiami TRL E, Naples SERVED: ROGER J GEMMEN M.D. TRUST, Respondent James Kincaid, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that:the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the • . hearing. • IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process._ Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON\NTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8600;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Serviclos the traduce ion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. N. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY,FLORIDA ' CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CELU20150002426 Roger J Gemmen MD Trust,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):Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 2. Description of Violation:Unpermitted vehicle sales and trailer rentals from C4 zoned property. 3. Location/address where violation exists: 11315 Tamiami Trail East Naples FL 34113 Folio: 62250160000 4. Name and address of owner/person in charge of violation location: Roger J Gemmen MD Trust 2508 Eagle Lane Holland MI 49424-2280 5. Date violation first observed:February 09,2015 6. Date owner/person in charge given Notice of Violation:February 27,2015 7. Date on/by which violation to be corrected:March 10,2015 8. Date of re-inspection: May 7,2015 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 11th day of May, 2015 :/✓iL_ I . ode Enforcem- t Investigator STATE OF FLORIDA COUNTY OF COLLIER TI N—\tom or affirmed)and subscribed before this II ay of IAA H,2015 by J P— ?5 k A 01-;f3 .L.----- (Signature of Not. Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally laiown °! or produced identification e:%Y P:Bec KERRY ADAMS Type of identification produced t it_ie, 4, MY COMMISSION#FF 139721 111,:H EXPIRES:July 8,2018 N�RrEOf fvc0 Bonded Thru Budget Notary Services REV 1-2-15 Case Number:CELU20150002426 Date:February 27,2015 Investigator:James Kincaid Phone:2392522976 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ROGER J GEMMEN M.D.TRUST 2508 EAGLE LN HOLLAND, MI 49424 Location: 11315 Tamiami Trail Unincorporated Collier County Zoning Dist: C4 Property Legal Description: NAPLES MANOR LAKES BLK 1 LOTS 4,3 AND N1/2 OF.LOT 5 Folio 62250160000 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: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 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: Unpermitted vehicle sales and trailer rentals from C4 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 zoning district as a permitted use,conditional use, or accessory use. ON OR BEFORE: March 10,2015 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 vestigator Sign- ure Phone:239 252-2440 FAX:239 252-2343 James Kincaid Signature and Title of Recipient Printed Name of Recipient CELU20150002426 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. V• AFFIDAVIT OF MAILING Code Case Number: CELU20150002426 Respondent(s): NOV mailed Regular/Certified#7012 3460 0001 7007 3746 �5� 15eVE �TM1 � Case# CELU20150002426 NOV JK-76 4CEE TIE IEDAVIAI =u EGEIRT 5�i ' ROGER J GEMMEN M.D.TRUST Qamesrc t TAriVafnsc uoea Ea de 2508 EAGLE LN N lclTdeluery!mfocmati'ni(u4is104wehsi t"tavuieruiruspscom HOLLAND, MI 49424 ; THE DESCRIPTION OF THE DOCUMENT(S) SERVED: ° Postage $ [Check the applicable document(s)] Certified Fee XNotice of Violation r-R Postmark k p Return Receipt Fee Here (Endorsement Required) Notice of Hearin g Restricted Delivery Fee Notice of Hearing/Imposition of Fines Q (EndorsemantFo� = r Citation m Case# CELU20150002426 NOV J -76 Notice to Appear ROGER J GEMMEN M.D. TRUST 2508 EAGLE LN _Code Enforcement Board Evidence Packet r°•- HOLLAND, MI 49424 Other: I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 2508 EAGLE LN HOLLAND, MI 49424, on February 27, 2015 , at 2:30Pm. (Signature of Code Enfor - ent Official) Kimberly Brandes STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 27th day of February , 2015.by Kimberly Brandes (Name of person making statement) &z g& 7 (Signature of Nota 4.- NEIL(,DAY MY COMMISSION If FF 048477 * * ami EXPIRES:August 26,2017 '4 pa° Bonded Thru Budget Notary Service: �tti (Print,type or stamp Commissioned Name of Notary Public) )(Personally known Produced identification Type of identification produced AFFIDAVIT OF POSTING • Code Case Number: CELU20I5O002426 Respondent(s): • ROGER J GEM MEN M.D.TRUST THE DESCRIPTION OF THE DOCUMENT(S)POSTED: [Check the applicable document(s)1 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 11315 Tamiami TRL E on February 27,2015 at 2:30 PM and at the Collier County Courthouse, � t k Iignature of Code n or ement Official • mes Kincaid • STATE OF FLORIDA COUNTY OF COLLIER Sworn.to or affirmed)ancj.,subscbe�before me this"2 day of ,2015 by James Kincaid(Name off person making`statement) (Signature oNotary�ij 1 . NEL0,DAY MY COI ISSION t F048477 * = t26,2017 t44,,,trse Mot Notarylekkes (Print,type or stamp Commissioned Name of Notary Public) `,Personally known Produced identification • Type of identification produced • Collier County, Florida, Land Development Code Chapter 2 Zoning Districts And Uses 2.02. 30 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. INSTR 4572083 OR 4689 PG 2993 RECORDED 6/8/2011 9:33 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC @.70 $7,000.00 REC $18.50 CONS $1,000,000.00 Prepared by and return to: McGahee&Perez,PL 417 W.Sugarland Highway Clewiston,FL 33440 - 863-983-8175 File Number: 11.7990.33 Will Call No.: [Space Above This Line For Recording Data] Special Warranty Deed This Warranty Deed made this I5-t day of lt.k.ful, ,2 011 between CenterState Bank of Florida,N.A. whose post office address is 205 So. WC Owen Aven , Clewiston,FL 33440, grantor, and ROGER J. GEMMEN, as TRUSTEE of the Roger J. Gemmen M.D. Trust U -dated-08/ 2003 whose post office address is 2508 Eagle Lane, Holland,MI 49424-2280,grantee: - C , O (Whenever used herein the terms "grantor"and " rit _etude all the parties to this'1 sti lln t and the heirs,legal representatives,and assigns of individuals,and the successors and assigns of corpo tar,' and trustees) Witnesseth,that said grantor,for and in consi.eratt'.. - e sum otf TEN AND O/100 DOLLARS ($10.00) and other good and valuable considerations to Id g�gnti�I• €:ni L e e re•eipt whereof is hereby acknowledged, has granted,bargained, and sold to a salve Trite a d :r a eir ,atiedrias gns forever, the following described land, situate,lying and being in Collier Cou eta, orjdait t j i L„.,I Lots 3,4,and the North one-`:_ , r f Lot 5, all of Block , 'ANOR LAKES, according to the plat thereof as recorded in ' c s ok 3,Page 86,of the Pub'c eq rds of Collier County,Florida. PARCEL I.D.Nos.: 62250120008; . .I Xi00462250 OQ , Subject to covenants, conditions, restrictions, ase s, reservations and limitations of record, if any. Reference to these restrictions and reservations shall not operate to reimpose same. The'Grantee, as trustee, has the full power and authority to protect, conserve, sell, convey, lease, encumber,and to otherwise manage and dispose of said real property pursuant to F.S.689.071. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that at the time of delivery of this deed the premises were free from all encumbrances made by the grantor and that the grantor will warrant and defend the same against the lawful claims and demands of all persons claiming by,through or under the said grantor,but against none other. DoubleTimea *** OR 4689 PG 2994 *** In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: • CenterSta Add IMF • itnes •• -. frc=-4_Crr1_ -e S Christopher H.Shupe Its: Vice President Witness Name: State of Florida f County of Hendry The foregoing instrument was aclm wled'ed{befdre 'Q y df 2011 by Christopher H. Shupe,Vice President of CenterState half o'th- as 4..6 io • He[ij-ig personally known to me or[I has produced a driver's license a deaf ication. ��ElHiifliflEl� � � [Notary Seal] SS`'� FLUPE //�/� Notary P 10 ct;,`.to of Florida ��G0`�M!S51p;7U�'�∎Sff � • 'tea, e: t�kc,dc. 13%-.X-16/11/ g :�� P4i�125, fA " j • ®• cn My Commission Expires: y a5 l? a9, 'to 744139 s,9�A��cbJCedth eNets,-QO��. 'We/Ifni!lob\\\ • Warranty Deed-Page 2 DoubleTime® • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, . Case: CEVR20140016015 COLLIER COUNTY, FLORIDA, Plaintiff, vs. NATURE POINTE HOMEOWNERS ASSOCIATION INC, Respondent(s) NOTICE OF HEARING • PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Ordinance 85-71 6.06 (C). LOCATION OF VIOLATION: NO SITE ADDRESS, FOLIO 63770000458, NAPLES SERVED: NATURE POINTE HOMEOWNERS ASSOCIATION INC, Respondent David Jones, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. .PLEASE TAKE FURTHER NOTICE that;the alleged violator may produce any and all documents, witnesses . and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. • PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. _ IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COWER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale pou-ou. 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 6.06(C). 2. Description of Violation:Presence of Australian Pines within FDEP conservation easement within boundary of Nature Pointe PUD. 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. %John P. White. 5. Date violation first observed: September 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: April 9th,2015 9. Results of Re-inspection:Violation Remains STA'1'h 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 14th day of April, 2015 ►:e o- nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 19 day of Ac`ci 2015 by David Jones (Signature of Notary P It / (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identifica ion produced Met-- AIXA CAPIr I I „"•g"'-_ MY COMMISSION#FF 043727 EXPIRES:October 4,2017 ai . Bonded The Notary Public Underwriters REV 1-4-12 Case Number:CEVR20140016015 Date:September 06,2014 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:10/0512014 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 (iivesti•gaignatuure Phone:239 252-2440 FAX:239 252-2343 Dayones Signature and Title of Re iti ent Prifited Male of ecpent 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. • '! L. (31-al 6.06 ENVIRONMENTAL CONSIDERATIONS A. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Q • ' 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 I- clearly depict how the final site layout incorporates j• • 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 i:. 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. reinvasion of the site by such a 1 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 i 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. • r ' 6OOK 022E,'!215 6-2 • 'f d I }} C • .II *** 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 I.Ballenger,Esq. 826 Anchor Rode Drive Naples,Florida 34103 (Space above this line for recording data) QUITCLAIM DEED THIS DEED,made the fhil 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,bargains,.sells,aliens,remises,releases,conveys and confirms unto the Grantee,all of the interest of the Grantor in that certain�atut County,Florida,viz: Tracts A,B,C,D and E,NA / -/ i14'k�,,'E,,in accordanc- ✓iii �'a d subject to the plat,recorded in Plat Book 20,Pages 20 throng of the Public Records o oilier County,Florida. Subject to easements,restrictions alid reservat o s comt,non to t;e subdiv lion nd as otherwise of record. TOGETHER with all the tenements, erect an(e�nts nd a. s e et�,b Flo' gin or in anywise appertaining. TO HAVE AND TO HOLD,the same`simp e forever. - The terms"Grantor"and"Grantee"are u\L t �1` singular or plural,as con require,"`i include all the parties to this instrument r and their respective heirs,administrator,ex ` ,,successors and assigns. 'e'e 's made by a dissolved Florida corporation for the purpose of winding up its affairs an tb a i ate remaining corpor tE.t6sets IN WITNESS WHEREOF,Grantor has signed see 'laid There ,fife day and year first above written. Signed,Sealed and Delivered as to Each Grantor in the Presence of: A.,2--n..---143- 44-on•-/ / d/ WIL IA1 L.KLOHN,President Rimed or typed nee: 73�G!%TG4.r -J , Nature Pointe of Naples,Inc.,a Dissolved / Florida Corporation Rimed"r typedneo /w's17 t - STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this �1 day of September,2011,WILLIAM L.KLOHN,the President of Nature Pointe of Naples,Inc.,who(choose one)( k) ar isl ersonally known to me or( ) provided for identification and did not take an oath. • (SEAL) - NOTARY PUBLIC p ''''ti'" DENISE LARSON Notary Name: Dame.arse a !) MY COMMISSION#DD90,51 :+ (Type or Print) ii .• W......-:-....71 q t SondedThruNottaryMPU fl Underwrtt`:s it My Commission Expires: • • • • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20140004241 COLLIER COUNTY, FLORIDA, Plaintiff, • vs. • NKY ACQUISITIONS LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date;,time, and place for the violation below: DATE:. 05/28/2015' • TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06 (B)(1)(a) LOCATION OF VIOLATION:795 102nd AVE N, Naples • SERVED: NKY ACQUISITIONS LLC, Respondent Michele Mcgbnagle, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE thatthe alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. • • IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. . Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ;OLLIER COUNTY r3OARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20140004241 NKY Acquisitions 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,Ordinance 04-41,as amended, Section 10.02.06(B)(1)(e) 2. Description of Violation:Major re-modeling to interior of structure including framing,plumbing,electrical renovation and/or replacement without first obtaining required Collier County permit. 3. Location/address where violation exists: 795 102nd Avenue N,Naples,FL 34108,Folio 62760840001 4. Name and address of owner/person in charge of violation location:NKY Acquisitions LLC,6900 Houston Road Suite 29,Florence,KY 41042 5. Date violation first observed: March 3,2014 6. Date owner/person in charge given Notice of Violation:March 31,2014 7. Date on/by which violation to be corrected:April 24,2014 8. Date of re-inspection: April 21,2015 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 22nd day of April,2015 Michele McGonagle � `J Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S qrn tO,(or affirmed)and subscribed before this 22nd day of April,2015 by Michele McGonagle 1; (Signature of Nitary Public) (Print/Type/Stamp Commissioned Name of Notaa $Jic) SHIRLEY GARCIA Personally known X or produced identification * =t; * MY COMMISSION It FF 075053 Type of identification produced !=''' EXPIRES:December 21,2017 _, •. of nod` Bonded Thru Budget Notary Services Case Number:CESD20140004241 Date: March 25,2014 Investigator:Chris Sundlee Phone:2392522971 • COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: NKY ACQUISITIONS LLC 6900 HOUSTON RD STE 29 FLORENCE, KY 41042- Registered Agent: non found registered in Florida Location: 795 102nd AVE N, Unit:2795 102nd AVE N, Unit:3795 102nd AVE N, Unit:1 Unincorporated Collier County Zoning Dist: Property Legal Description:NAPLES PARK UNIT 5 BLK 41 LOTS 48+49 Folio:62760840001 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... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Major re-modeling to interior of structure including framing,plumbing, electrical renovation and/or replacement and other work pending including air conditioning contractor on site making bid. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply for and 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. Must cease all work on property until which time an approved permit can be obtained. ON OR BEFORE: 04/24/2014 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Chris Sundlee 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 co SD I •0004241 �.�-r �_`� � r.,.�t "tea �� fi.,`-�'��''�f e c«. ti Respondent(s): I ?OSfa Servtc_mm ,;; , .- .� ;g Mailed NOV certified 7013 2250 0001 0138 0520 GERTIFitlf [�-•�, {tdEitr� ' a CESD20140004241 NOV CS#18 ru :[Dbmeslr�IGlar On.No lascrra44:_O erag0PEO4de �- NKY ACQUISITIONS LLC ' p FokdelFir i armatr6i�is7 ou�wefisiteaf,r�ruuw;usps----4-- 6900 HOUSTON RD STE 29 a FLORENCE, KY 41042 `° � Postage $ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] ,-a Certified Fee p Return Receipt Fee Postmark Notice of Violation (Endorsement Required) Here Restricted Delivery Fee _Notice of Hearing ED (Endorsement Required) Ln Illt Notice of Hearing/Imposition of Fines ru _Citation m CESD20140004241 NOV CS #18 Notice to Appear D NKYACQUISITIONS LLC Code Enforcement Board Evidence Packet 690Q_Hnl1STON R.17 STi= oa k �, =� x � � ,. =�-ter t ❑ Inspection Hold FILE COPY `J (� I .: illi ` - PERMIT STATUS: u ` DATE: 3---2,`h- ( /C/ PERMIT #: , J U>''"' v Not Issued INVESTIGATOR: clef/ _C ❑ Issued, Not Posted % L -�-� ADDRESS/LEGAL/FOLIO: ei — (© -2— A) ❑ Expired �€ ; ❑ Inadequate N �y VIOLATION: i,s� �' ❑ other vt Sworn to(or affirmed)and subscribed before me ' r this_25th_day of_March_, 2014 by "r' , Neil Day(Name of person making stater 6OMELETETHISC's cAPPI ON QEL1.1tt' ` r ti Y( p g `SEISIDERr CO)t!IPLETE THIS`SECTION _�? k {T: __' ,,,- _f=--. . , A. Si. ;,. r. i Complete items 1,2,and 3.Also complete ❑Agent N, la item 4 if Restricted Delivery is desired. X �' '' ❑Addressee (Si c ® Print your name and address on the reverse �i� y(Printed Name) G. Date of Delivery i so that we can return the card to you. ,\�!�)�� ei Attach this card to the back of the mailpiece, • ,.,(--0:-�. -� Yes or on the front if space permits. p. Is delivery address d'tiferent from item 1. 1. Article Addressed to: If YES,enter delivery address below: ❑No Note C ESD201.40004241 NOV CS #1"8 X Personally known NKY A puSITON RD STE 29 6900 H Tice ype Produced identification FLORENCE, KY 41042 Certified Malle 0 Priority Mail iptfor Express- - �p Registered ❑Return Receipt for Merchandise — Type of identification produced -- ❑insured Maii 0 collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 2 2 5[] (1 i]31 EJ Ii 38 0520 (transfer from service label) __ _ 0 01 1 i,d.,9nI n Domestic Return Receipt 2.06 - Requirements for Permits / 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 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 the LDC 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 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 Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action onbuildingor landalterationpermits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuildingor landalterationpermit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all rani iirari mans and drawines drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-streetloading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications;status of permit issued in error.Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements.Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24(chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance ofbuildingpermit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction INSTR 4862954 OR 4941 PG 2992 RECORDED 7/8/2013 3:43 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DoCa.70 $1,183.00 REC $18.50 CONS $169,000.00 This instrument prepared without opinion by and please return to: Paul P.Pacchiana,Esq. 5621 Strand Blvd,Suite 210 Naples,Florida 34110-7303 239-596-0777 Parcel ID#:62760840001 WARRANTY DEED (Statutory Form-Section 689.02 F.S.) This indenture,made this 4th day of June,2013 between,LENORA MONTUORI, Individually and as Trustee of the"LENORA MONTUORI AMENDED AND RESTATED TRUST AGREEMENT DATED NOVEMBER 20,2001",with full power and authority to protect,conserve, sell,and to lease or encumber or otherwise manage and dispose of the real property conveyed,whose post office ad -y.. • • —aniilla Avenue,Roanoke,VA 24104 whose post office address is 616 CFI 1� - =, 'am A 24014, GRANTOR,and NKYACQUISITIONS,LLC,a��n y limited h as dity ,mpany,whose post office address is 6900 Houston Road.S-uiT,.e 29 Florence,KY 41042 GkANTEE, WITNESSETH: That said • ar�f , - ' cal "car. a ..'the sum of TEN DOLLARS ($10.00)and other valuable�n e ati i s o aid gi r, • p ld by said grantee,the hereby ac ` e•.-• e bar -d _ old to the said grantee, receipt whereof is y -, their heirs and assigns foreve h- o owing escn lan. situa ,flying and being in Collier County,Florida, to wit: .4f� Lots 48 and 49,Block 41 kES PARK,UnJ N S/Icording to the Plat thereof as recorded in Plat Book 3,Page 14'b fle-i)ciMiRe ords of Collier County,Florida. Also known as 795 102nd Avenue N.,Naples,FL 34108 Grantor covenants that this is not the homestead of the grantor nor is it contiguous to the homestead of the grantor, whose address is 616 Camilla Avenue, Roanoke, VA 24014 Together with all tenements,hereditaments,and appurtenances thereto belonging or in anywise appertaining to have and to hold in fee simple forever. SUBJECT TO covenants,restrictions, easements,and outstanding oil,gas,and mineral interests of record,if any. Subject also to taxes for the current year. And said grantor does hereby fully warrant the title to said land,and will defend the same against lawful claims of all persons whomsoever. "Grantor"and"grantee"are used for singular or plural, as context requires. *** OR 4941 PG 2993 *** IN WITNESS WHEREOF,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: poitbizo ,.� 4 s#1 (signature) LENS 7iNTUORI,Individually and as Trus .f Lenora Montuori 111c.ToaibT- Amended and Restated Trust Agreement Print name of witness#1 dated November 20,2001 iddtt-ataLQ--- Witness#2(signature) r '% Mc /4. /_ oz I I Y --S"\ Print name of witness#2 \ ) r / )E-4i STATE OF VIRGINIA ) St CITY OF ROANOKE ) THE FOREGOING INSTRUMENT was acknowledged before me this 7'"' day of June,2013 by,LENORA MONTUORI,Individually and as Trustee of"LENORA MONTUO AMENDED AND RESTATED TRUST AGREEMENT DATED NOVEMBER 20,2001"(..,)(who is personally known to me or( )who has produced as identification. 1(2.fic.v7t Nota Public (Seal) My commission expires:69024_2,A, 0J( CYNTHIA L.WILKINS�I Notary Public ti . • Commonwealth of Virginia s.%"_..R=�.. Reg.#7521044 My Commission Exps.Dec.31,2016 COLLIER COUNTY CODE ENFORCEMENT BOARD tab 14 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20100021891 Hearing Date: 5/28/15 Board of County Commissioners vs. Kenneth R Tannassee Violation(s): Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Location: 4790 Pine Ridge Rd,Naples Fl; Folio 37925940001 Description: Accessory structure on the property without a principal structure on the same lot. Past Order(s): On March 24, 2011 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 4670 PG 165, for more information. On January 19, 2012 a Motion for Extension of Time was granted. See the attached Order of the Board, OR 4760 PG 646, for more information. On February 28, 2013 a Motion for Extension of time was granted. See the attached Order of the Board, OR 4895 PG 2414, for more information. On January 23,2014 a Motion for Extension of time was granted. See the attached Order of the Board, OR 5014 PG 3039, for more information. On July 24, 2014 a Motion for Extension to comply was granted. See the attached Order of the Board, OR 5067 PG 3707, for more information. On November 21,2014 a Continuance was granted. See the attached Order of the Board, OR 5101 PG 2760, for more information. On February 26, 2015 a Continuance was granted. See the attached Order of the Board, OR 5128 PG 143, for more information. The violation has not been abated as of May 28, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period between November 22,2014 to May 28, 2015 (188 days) for a total fine amount of$28,200.00 Fines continue to accrue. Previously assessed operational costs of$210.04 have been paid. Operational Costs for today's hearing: $70.05 Total Amount to date: $28,270.05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code.Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20100021891 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KENNETH R TANNASSEE SR, Respondent(s) NOTICE OF HEARING RE:IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015, TIME: 09:00 AM PLACE: 3299 Tarniami Trail East Building F, Naples, FL 34112 VIOLATION: CLD CODE 04-41 Section 1.04.01 (A) and Section 2.02.03 LOCATION OF VIOLATION:4790 Pine Ridge RD, Naples SERVED: - TANNASSEE KENNETH R SR, Respondent Colleen Davidson, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicibs the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avett yon intepret pou pale you-ou. CODE ENFORCEMENT BOARD COLLIER COUNTY;FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100021891 vs. B Q CONCRETE LLC. INSTR 45468 R 4670 PG 165 RECORDED 43R/580102c 011 9:52 AM PAGES 2 DWIGHT E. BK, CLERK OF THE CIRCUIT COURT Respondent COLLIER COUNTY FLORIDA REC$18.50 FINDINGS OF FACT,CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 24,2011,and the Board,having heard testimony under oath,received evidence,and heard respective to all appropriate matters,thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board,as follows: 1. That B Q Concrete LLC is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent,having been duly notified,appeared at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4790 Pine Ridge Rd,Naples,Florida,Folio 37925940001 more particularly described as the West 165 feet of Tract 61,subject to the South 45 feet of the North 75 feet for public roadway,GOLDEN GATE ESTATES,Unit No.26,according to the plat thereof,as recorded in Plat Book 7,Page 15 of the Public Records,Collier County,Florida is in violation of Ordinance 04-41,the Collier County Land Development Code,as amended,section 1.04.01(A)and section 2.02.03 in the following particulars: Accessory structure on the property without a principal structure on the same lot. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No. 04-41,it is hereby ORDERED: That the violations of Ordinance 04-41,the Collier County Land Development Code,as amended,section 1.04.01(A)and section 2.02.03 be corrected in the following manner: 1. By obtaining all required Collier County permits to build a principal structure on the property or by obtaining a demolition permit and demolishing the accessory structure on the property,requesting all required inspections through certificate of completion/occupancy within 360 days(March 19,2012). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 19,2012 then there will be a fine of$150 per day for each day until the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That if the Respondent fails to abate the violation,the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this • Case in the amount of$79.72 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 jU day of n,I qA;itl ,2011 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BY: Ke - y, Chair 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) • The foregoing instrument was acknowledged before me this �X day of 1 r i Cvl,C'l 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. e .t Y;::u'•., KRISTINE HOLTON NOTARY PUBLIC *: id •*_ MY COMMISSION#DD 680595 My commission expires: r� ;r EXPIRES:June 18,2011 -'44 ufl{•� Bonded Thru Notary Public Underwriters -= CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to B Q Concrete LLC, 6017 Pine Ridge Road,#329,Naples,Florida 34119 this i)'day o 11/ ,2011. .Je g wson,Esq. Florida Bar No.750311 2375 North Tamiami Trail, Ste.208 Naples,-Florida 34013 Scat o; F LF.;FUilk "(239)263-8206 • ,linty of COLLIER . HEREBY C E. TI FY.THAT thka Is a but ea. :orrect co)of`i:o cumern a nd Ma. o - yoarl r; fl to ',.a± i:' # cors of C€Mer C • IT+► $ lid', aft; 3 l 'ate �0ay_:o.' (-\ 22.Q`' •)ail! ,E S C.,t,- EAR OF COURTS w • �, i •` CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100021891 vs. B Q CONCRETE LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the.Board on January 19,2012,on the Respondent's Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: _ That the Respondent's Motion for Extension of Time is GRANTED. The Respondent is granted an extension of time for one year(January 19,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this y day of - ,2012 at Collier County, Florida. C CODE ENFORCEMENT BOARD COLLIER COUNTY FLORIDA % Siet'F; 1 FlY;FitDA Kennetli-Kelly.,Chair---- ;:;€linty of cOLLI 2800 North Horseshoe Drive f Naples,Florida 34104 'FIERF-23-retkriFYITIAT this Is a true met rrect copy,of a.pociwa t on file in � artta es..e:ra.RecorDs of Copier County nt!%_J:'-'S ..rn ha#ma14bfficiat seat this INSTR 4652719 OR 4760 PG,54fl. (S'4 RECORDED 1/31/2012 3:27 PM PAGES 2 DWI =): .pss • OF DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA � . - ° REC$18.50 STATE OF FLORIDA ) )SS: - COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, S day of Off' 2012,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Flot'ida,who is personally known to me or who has produced a Florida Driver's License as identification. ■ KRISTINE TWENTE ogPav o�q•,,> Notary Public-State of Florida NOTARY PUBLIC zt am • My Comm.Expires Jun 18,2015 My commission expires: -;;* ?� `a Commission#EE 87272 sn. ''''Vie Bonded Through National Notary CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to B Q Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this Say ,2012. yr� .j M.Jean Rawson,Esq. Florida)kafr 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. CELU20100021891 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. B Q CONCRETE LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared John Connetta, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on 03/24/2011, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4670 PG 165. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 1/23/2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: By obtaining all required Collier County Permits to build a principal structure on the property or by obtaining a demolition permit and demolishing the accessory structure on the property. FURTHER AFFIANT SAYETH NOT. DATED this 23th day of January,2013. COLLIER COUNTY,FLORIDA Co I, E :' •, I , BOARD fttaf John Co l tta Code En . cement Official STATE OF FLORIDA COUNTY OF COLLIER . il to(or.1 ' o ed) •�� subscribed before me this 23th day of January 2013 by John Connetta. .1� 11 t (Signature of Notary Public) ill NOTARY PUBLIC-STATE OF FLORIDA. (Print/Type/Stamp Commissioned Cr;llen Crawley Name of Notary Public) '1, =cOrriTissie_ u 17E129317 , 'Expires' JUNE 07,2014 Personally known i BON D THRU RTL.-V■TIC 3ONDLNG CO.,INC. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA INSTR 4810553 OR 4895 PG 2414 RECORDED 3/13/2013 11:00 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY FLORIDA COLLIER COUNTY,FLORIDA, • REC$18.50 • Petitioner, CELU20100021891 vs. B.Q.CONCRETE LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 28,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED for a period of 9 months(November 28,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall rnot stay the Board's Order. DONE AND ORDERED this `4 day ofd I\CtYL(A ,2013 at Collier County,Florida. • • CODE ENFORCEMEN WARD • COL--I e TX • ORIDA State of.FIcnda= - Count: of COLLIER,:' .*-' +' y BY. � i_�•. ' •_ - `. Ro. •I HEREBY;CERTI Y.fi'HAa t `is is a true and 2800 N. seshoe Drive correct Copy.of a doct� refit-on file in Naples orida 34104 b v Board l.f1n?le arid,:r;'` cc os'oT Collier County WITNESS.fm,i.h-ndiand fficial seal his A ida;Y''Or DWIGHT E.BROCK,CLERK OF COURTS 1�<< G.C. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) {� The foregoing instrument was acknowledged before me this 4 day of 4��1.\rC A 2013 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has .roduced a Florida Driver's License as identification. _ !_ NOT RY PUBL :a KAREN G BAILEY My commission expires: At.. �;,,�``�: ,,, • - • COMMISSION#EE875121 •a�% 0 EXPIRES February 14,2017 CERTIFICATE OF SERVIC k U7I 39aa153 FloridalloterySe doe.com I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to B.Q. Concrete LLC,6017 Pine Ridge Roa4#329,Naples,Florida 34119 and to James J.Zonas,Esq.,700 2°d Avenue N.,Ste. 102,Naples,FL 34102 this day off\Oj1 J/\,2013. M.Jeai} 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.CELU20100021891 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. B Q Concrete LLC, C/o Buddy Quarles,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STA I E OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Colleen Crawley, Code Enforcement Official for the - Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 24,2011,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4670 PG 165 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on December 3,2013. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in _ compliance with the following conditions:No permits have been applied for. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of December,2013. COLLIER COUNTY,FLORIDA OD ENFORCE ENT BOA �� -�-- A_kk ) A A \eolleen-Crawley Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 3rd day of December,2013 by Colleen Crawley (Signature of Notaryy Public) NOTARY PUBLIC-STATE OF FLORIDA Kerry Adams -.,r Commisrc_,s#EE005769 .u ; (Print/Type/Stamp Commissioned Name of Notary Public) ,`,Expires: JUNE 30,2014 BONDED TNDIJ ATLANTIC BONDING CO.,INC. Personally known' INSTR 4952710 OR 5014 PG 3039 RECORDED 3/7/2014 2:07 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA - REC$18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CELU20100021891 vs. B.Q.CONCRETE LLC. Respondent ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 23,2014,on the Respondent's Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,it is hereby ORDERED: That the Respondent's Motion for Extension of Time is GRANTED for a period of 180 days(July 22, 2014). The Respondent shall pay the operating costs in the amount of$64.78 within 30 days and shall provide the Code Enforcement Department with a monthly update of progress. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. i DONE AND ORDERED this 5 day o'ML, .J! ,2014 at Collier County,Florida. [I JC•. - 1- i'CEMENT BOARD OLLIER CP TY,FLOR 0 :Y: s� r10,4 O.iir R9i Kaufi . ,' rr z s,o1 North ors-: oe Drive Kaples,Flori 44104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) he foregoing instrument was acknowledged before me this 5 day of —O(AI LA, , 2014 y Robert Kaufinan,Chair of the Code Enforcement Board of Collier C sun+',Florida,w I, is personally known to me or who has produced Florida Driver's icense as iden ification. at .41;'.144, KAREN G BAIL /` Yen — -' k // ''�= ._ MY COMMISSION#EEC 12 • ARY PUB N II '�' ` EXPIRES February 14,2017 commission expires: t4071398•0153 FloridallotarySc•rice.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has bee cent by 11 S:Mail to B.Q. Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this 5 day o iEi4 :./02014. n },.-,-41.-7,1_ 1R-• .t. M.Je awson,Esq. Florida Bar No.750311 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)263-8206 State of Florida - County of COLLIE: I HEREBY CER.T4P FL this is‘a true and correct cop;_ ,f a.docori. ,Vin Boars fylThu-te lai _Rt .aid: =.f o iier County WI<TNESSr .h n and,o,f i_ l sepi this `-''-1.k'.d of.: , -c l , ,.'t' :' - - DWIGHT E` ^OC} CLERK OF'COURTS . ' )1A/t9j(i-fi:-): I'l-e -f'2, ,e: r8b- f INSTR 5019538 OR 5067 PG 3707 RECORDED 8/15/2014 11:19 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA CASE NO.:CELU20100021891 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, vs. B.Q.CONCRETE LLC. Respondent 'ORDER g DE E OZ1 'ENT BOARD THIS CAUSE came before d;£ fe ment Board upon a Respondent's Motion for Extension of Time to Comply,and the Code Enf rce ent 5.:._having rev' d the '�t�ins% all associated documents and heard argument respective to all a pro i-i tte .. ue• •- 41 er: 'IN G, tt4" C a / l / i 1. On March 24,2011,Res ' t was found guilty of 11 lation of St' . 'nce 04-41,as amended,the Collier County Land Devel;b nt Code,Section 2.02 @ d e ' 04.01(A)for accessory structure on the property without a p �- . structure on the same'A._ ' . '.lation occurred on the real property located at 4790 Pine Ridge R'.'. 'a les,FL 34119,Folio 3 s,+001,more particularly described as the West 165 feet of Tract 61,s • v o South 45 A fie: orth 75 feet for public roadway, GOLDEN GATE ESTATES,Unit ..2. • brhe • .t thereof,as recorded in Plat Book 7,Page 15 of the Public Records,Collier County, a da.f— 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or before March 19,2012 or a fine of$150.00 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 4670,PG 165). 3. An Order was entered by the Code Enforcement Board extending the time to comply until January 19, 2013. 4. An Order was entered by the Code Enforcement Board extending the time to comply until November 28, 2013. 5. An Order was entered by the Code Enforcement Board extending the time to comply until July 22.2014. 6. On July,7,2014,Respondent requested a Motion for Extension of Time to Comply. 7. Operational costs of$144.50 have been paid. oR 5067 PG 3708 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 November 21,2014. C. No fines shall accrue during the extension period. D. Respondent is to pay the operational costs for the prosecution of this case in the amount of$69.44 on or before August 23,2014. DONE AND ORDERED this day of • 2014 at Collier County,Florida. ODE EN'ORCE NT BO• 'ft OLLIER CO Y,FLO.' DA OP grezt_t c 800 .rth -e •rive Nap " ,Florida/0 STATE OF FLORIDA ) )SS: r J l COUNTY OF COLLIER) �( 1� `' The foregoing instrument was ac w -4$03,e:- ra me Arm day f 2014, Robert Kaufman,Chair Co e Enforc t Bowl of CO�lierp 1.Florida,who is personally known to me or' who hasp oduced. ±e•. Drive' ease as identification. ' �''`"�►1 , '._&A Ar. KAREN G BAILEY Y PUBLI �`4i= MY COMMISSION#EE875121 typs t. '. .3:6;.)," +;;�•;• EXPIRES February 14,2017 • - ow)398-0153 FhridalloterySe 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. 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 CE:1?t1 * HAT,1ttlt sa.:true and correet;cop of..a 09, 9- f r f it Boat04. ar'dN-9600f o lerCounty NIITNE rid ffldial dial this DWIGHT'S:BRO,CK CLERK eF COURTS *** OR 5067 PG 3709 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been set by U.S.Mail to B.Q. Concrete LLC,6017 Pine Ridge Road,#329,Naples,Florida 34119 this day.of 44,( ,2014. f - �GZtia � M. e. j awson,Esq. Florida Bar No.750311 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34102 (239)263-8206 (1/4/ 0-") I 1/ IL( \(;1 „ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20100021891 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Cobra Investments,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Colleen Davidson,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on March 24,2011,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4670 PG 165. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 11/25/2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:no permits have been applied for. FURTHER AFFIANT SAYETH NOT. DA'Z'ED this 25th day of November,2014. OLLIER CO FLORIDA Oa, ORC olleen Davidson Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)-and subscribed before me this 25th day of November,2014 by Colleen Davidson (Signature of Notary Pubic) KERRY ADAMS MY COMMISSION#FF 138721 ,a =. . EXPIRES,July 8 2018 (Print/Type/Stamp Commissioned Name of Notary Public) s�:-<`!!!!!` :�o< BondadShN6odgetNotaN6ervfces 9jFOF F_� Personally known -INSTR 5060344 OR 5101 PG 2760 RECORDED 12/8/2014 4:15 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD CASE NO. CELU20100021891 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY,FLORIDA, Petitioner, vs. COBRA INVESTMENTS,LLC, Respondent. ORDER O �J DE ENFO T BOARD THIS CAUSE came on for blic1h of re the Code Enfor men Board on November 21,2014,and the Code Enforcement Board,havi cotastddgspon3e'n s • ion for •ontt uance and being duly advised in the premises,hereupon issues its F ndi >4s • .ct, Se iglu ', ., .., srde of the Code Enforcement Board, as follows: (s. 5. a .`G s•?, ACT. 1. Respondent is charged wit icy ation of Collier Coun y nd e '.aa ent Code 04-41,as amended, Section 1.04.01(A)AND S `tag .02.03,in the following . I An accessory structure on F without ar,.15'isi` ai`structure on the same lot. 4 Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until January 20,2015. B. All parties shall be re-noticed for the subsequent hearing date. • C. Fines shall accrue during the Continuance period -DONE AND ORDERED this 0 day ofb.� ,2014 at Collier County,Florida. State or Florida County of COLLIER ODE ENFORCE, ENT BOA C• LIER CO ! , ' •NI DA I HEREBY CERTIFY THAT this is a true and 15 . correct cq' p,�'a dxumenl on fife in ° : A1i�,I- a..n R.:ert.K•ufm- ;Ch7 B14.t..�ic.:,:14 �daReeords of Collier County :00 No•h :orses,•�give •r'; *** OR 5101 PG 2761 ***. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a day ofd 201z,y4,Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced : FIor'•. •ver's Lic I • ' 1 '�� ; '-' ' MY KCOAMIIMEIN SS #A EEB 5t2t • O''RY PUB' g `-° EXPIRES February 14,2017 My commission expires: .o; 143-3 F'°"°'y°M •i`e'" 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,Phone:(239)252-2440,Website: www.colliergov.net.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 appe ft i3 o" 1 c�he Circuit Court within thirty(30)days of the execution of the Order appealed. Aa �sltall not be a heart' a o,but shall be limited to appellate review of the record created within thyozga1 hearing. It is the respoirts'i6i1it of the appealing party to obtain a transcribed record of the hearing fro 'the irk-ofC rts. Filin an App 1 wY.l not automatically stay the Board's Order. •• F1 C:1`E • . .E*VI I HEREBY CERTIFY th•("kt e,�o ep 1 ID's O t+ h: sent by U.S.Mail to Cobra Investments,LLC, 1895 Seward A _ . te.4,Naples, r 10', his a..f . Co ,2014. 1.1) k .,,A 04,t, TWAtres EsquiW 214 .r•a•°..r o '68900 •u•u oft e Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)261-6909 INSTR 5093505 OR 5128 PG 143 RECORDED 3/11/2015 8:54 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CELU20100021891 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, - - Petitioner, vs. KENNETH R.TANNASSEE, Respondent. / ORDER OF P aIi e(11 . , '!�NT BOARD It 0 THIS CAUSE came on for pu 4 i &ing before the Code En 6 em- t Board on February 26,2015,and the Code Enforcement Board,havin:cone/3: -d-Re onsR dents'Motion fo Con• uance and being duly advised in the premises,hereupon issues its Fi din f - onclusions f aw,an Ord r of the Code Enforcement Board, as follows: y- G` t m h Cq �/ o X. & • 1. Respondent is charged w tl'*i•lation of Collier Coun ,Land P ev ,4 ent Code 04-41,as amended, Section 1.04.01(A)and S .02.03,in the followi _a arti ul. Accessory structure o ".—> •perry without a grin •al • cture on the same lot. Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 27,2015. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period DONE AND ORDERED this 4- day ofVV()\.,2015 at Collier County,Florida. Ce tE ENFOR 'MENT :0. ' 10 COLLI -'• i. ' • DA - BY: �i��j c. . • :-as __ .._.. s:<: r1'�c, i ;:; . •••ert"a fman, � County of COLLIER .-'<t't._....,s'�%. 2801 o Horse 'rive : -'.,. .t j-€ ,::t- . N.des, 'lorida 3. 04 I HEREBY CERTIFY Ti-1•A7th _m a�r'e-andj. STATE OF FLORIDA ) :r correct copy of a doc�ieniLd�file in":�%;•. :.‘<; )SS: Board Minutes and ge 6rds'of;Colfer Coi'inty COUNTY OF COLLIER) - WITNESS my hand-a -AfficiaE-seal.,thiS: -%<,'... /04-Nay of - l` '-''; ti. DWIG T E.BROCK,?IRK OF COURTS�.. *** OR 5128 PG 144 *** The fo egoing instrument was acknowledged before me this 4 day of 1 y a...A 201 ,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produce.,a Florida I: er's License as identification. - O� '4r) ► KAREN G BAILEY NO ARY PUBL •'c MY COMMISSION#EE875121 My commission expires: "-Pi-7:W EXPIRES February 14,2017 jta7t338AtS3 FbridalloterySt Ace 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,Phone:(239)252-2440,Website: www.colliergov.net.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 .1 omits.ei Appeal will not automatically stay the Board's Order. TIFICATE OF SER II I HEREBY CERTIFY tha a e an pct co. o s RDER • •-en sent by U.S.Mail to B Q Concrete,6017 Pine Ridge Road, •329 '°* u ,. •44C , 2015. -; ma a b i+ a Nr ola,•. •ire lorid. B..ir...9.89 s ey lb a orcement Board 681 Goodlette • ad ) Ste.210 Naples,FIG;•• 0 �^' •1,t Permit No.PRBD20141235759 Tax Folio No.37925940001 INSTR 5100878 OR 5134 PG 489 RECORDED 3/30/2015 4:13 PM PAGES 1 NOTICE OF COMMENCEMENT DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA State of FLORIDA REC$10.00 County of COLLIER The undersigned hereby gives notice that improvement will be made to certain real property,and in accordance with Chapter 713,Florida Statutes, . the following information is provided in•this Notice of Commencement. 1. Description of Property: (legal description of the property,and street address if available) 4790 Pine Ridge Rd, Naples FL 34119 t dd..ci`t G— :•.CS# Ut� 32-`'` l(QS- '� G A. 2.General description of improvement: Build a single family home. 3. Owner Information: a. Name and address: Kenneth R.Tannassee Sr.,7643 Bristol Circle, Naples, FL 34120 b. Interest in property: Owner c,Name and address of fee simple titleholder(if other than Owner): - 4.a.Contractor: (name and address) Kenneth R.Tannassee Sr. b. Contractor's phone number:239-403-9334. ." .. 5. Surety - a. Name and Address: • b. Phone number: . c. Amount of bond: 6a. Lender: (name and address) b. Lender's phone number: 7a. Persons within the State of Florida Designated by Owner upon whom notices or other documents may be served as provided by Section 713.13(1)(a)7., Florida Statutes: (name and address) b. Phone numbers of designated persons: 8a. in addition to himself or herself, Owner designates of to receive a copy of Lienor's Notice as provided in Section 713.13 (1)(b) Florida Statutes. b. Phone number of person or entity designated by owner: 9. Expiration date of notice of commencement(the expiration date is 1 year from the date of recording unless a different date is specified) 4,pi? L ,, 9'eZf 2 /G . WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713,PART l,'SECTION 713.13,FLORIDA STATUTES,AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION.IF YOU INTEND TO OBTAIN FINANCING,CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. ( ature of Owner or Owner's Authorized Officer/Director/Partner/Manager)(Signatory's Title/Office) Si ) The foregoing instrument was acknowledged before me this 25th day of March, 2015(year), by Kenneth R.Tannassee Sr. (name of person) as (type of authority,. officer,trustee,attorney in fact)for (name of party on behalf of whom instrument was executed). DWIGHT E BROCK,CLERK OF CIRCUIT COURT Ciecled. g4dLi (Signature of Deputy Clerk) (Signature of Notary Public-State of Florida)lor (Printed name of Deputy Clerk) (Print,Type,or Stalat(rrC�omm i ¢g N.� TOKY IYPtary Public) MY COMMISSION€EE 224955 Yr Personally Known OR Produced Identification pj : ': , EXPIRES:August 14,2018 Type of Identification Produced ''.t r, '�` B=dal Th:Bu ttaayWas Verification pursuant to Section 92,525, Florida Statutes, Under penalties of perjury, I declare that I have read the foregoing and that the facts)stated in it are true to the best of my knowledge and-belief. (Signature of Natural Person Signing Above) Rev.7/2007 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING tab 15 CEB CASE NO. CESD20120002439 Hearing Date: 5/28/2015 Board of County Commissioners vs. Konstantine E. Komninos & 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)(1)(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 PG 151, for more information. On October 23, 2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5092 PG 3969, for more information. The violation has been abated as of April 17, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period between September 24,2014 to April 17,2015 (206 days) for a total fine amount of$ 51,500.00 Previously assessed operational costs of$145.46 have been paid. Operational Costs for today's hearing: $67.53 Total Amount: $51,567.53 The gravity of the violation:moderate. Any actions taken by the violator to correct the violation: obtained permits,inspections and certificate of completion for all unpermitted work. Any previous violations committed by the Respondent/violator:Property owner only had one sign case that was abated. CES20140001652. Any other relevant factors:no other factors. • • CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA • Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120002439 COLLIER COUNTY, FLORIDA, Plaintiff, vs. - KONSTANTINE KOMNINOS & MERRILL KOMNINOS, Respondent(s) NOTICE OF HEARING RE: IMPOSITIONS OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples,'FL 34112 • VIOLATION: Collier County Code of Laws and Ordinances, Chapter 130,Article III, Section 130 -96 (a); 2007 FBC, Chapter 1, Section 110.0; CLD Code 04-41, Section 10.02.06 (B)(1)(a) and (B)(1)(e)(i). LOCATION OF VIOLATION:6161 Spanish Oaks Ln, Naples SERVED: KONSTANTINE KOMNINOS & MERRILL KOMNINOS, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive • Naples, Florida 34104 • (239)252-5892Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE • NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su proplo traductor,pars un mejor entendimiento con as comunicaciones de este evento.Por favor taiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. • 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 1/2 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 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. . 4 DONE AND ORDERED this day of(C1 . ,2012 at Collier County,Florida. J CODE ENFORCEMENT BOARD COLLIE COUNTY,FLORIDA_ BY:�CCC / f�/ '' Rob fiKaufman,Chair 2800 NortHgiseishoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this(_f11--day of ry;u\_9„— , 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. i ,j ,,w,"P�B,, KRISTINE TWENTE \ k\'�1_i '1 _I .L Q tL&S °;�,, ; Notary Public-State of Florida NOTARY PUBLIC •« .� ;• My Comm.Expires Jun 18,2015 My commission expires: it�a °o`; Commission#EE 87272 �''ep;,`.�`•V 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 W'—day of C i;vs, . ,2012.%e- -2-i, (20°A-'L)---cli`- / M.Jean Rawson,Esq. m{'' + F c ;',-(10A Attorney Bar No.750311 Attorney for the Code Enforcement Board ;aunty of COLLIER 681 Goodlette Road N., Ste.210 Naples,Florida 34102 I HEREBY CERTIFY THAT this Is a (239)263-8206 -;orreq 4opy t a moment on ails Is 0k :M f mutes and Rooms cif COW ApT- ESS::anv'h a slnd affirm SIMI WS - k4 , i . ,-- • - - - 4„:0,-..ger.ita BOARD OF COUNTY COMMISSIONERS ;oilier County, Florida Petitioner, vs. Case No. CESD20120002439 Roger&Tammy Macauley Respondent(s), STIPULATION/AGREEMENT rIr4xaA��`� COMES NOW, the undersigned,] cot—I , 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 for71 II--; 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$$l 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 D days of this hearing or a fine of $ '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. • ..ice` Respondent or Representative-"(sign) r Diane Flagg, Direct6i i 'k 0sr-1 • Code Enforcement Department 1 2 � c't,. I L'•!. 7 I / � Respordent or Representative (print) Date SN\ q .14 i_' Date 1 1 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$18.50 Petitioner, CESD20120002439 vs. - -ROGER AND TAMMY MACAULEY, Respondents / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on February 28,2013,on the Respondents' Motion for Extension of Time,and the Board having heard considered the matter,and being duly advised in the - premises,hereby GRANTS the said Motion. ORDER OF THE BOARD Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.92-80,it is hereby ORDERED: That the Respondents' Motion for Extension of Time is GRANTED. The Respondents are granted an extension of time for 10 months(December 28,2013). Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed.An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 4 day of)(Aral,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD State of Florida COL Wa�UNTY, LORIDA r County of COLLIER Ba+�-� Rob au an hair I HEREBY CERTIFY THAT this is a true and 2800 0• , orseshoe Drive correct copy of a document on file in Napl- ,Florida 34104 Board Minutes.ard.rRecords of Collier County 1NITI}ES.$,hiy;.h r lt ari`tliofficial seal this l day.ef - ckZ0(� DWGHT`E. BROCK`-CLE}(OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 4 day of II arc u II��1! 2013byRobert 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 ► • _— NOTARY PUBLIC ; :�1 KAREN G BAILEY 4. My commission expires: '"' •'? MY COMMISSION#EE875121 a EXPIRES February 14,2017 398-8153 FloridallotarySe rlcem_ 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- day of}\.1402013. /12q(:)-- 1 • M.Jeanwson,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 26t'' 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•,. MEN BOARD `ss` Mgr JOHN tip ETTA Code E ercement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 30TH day of DECEMBER 2013 by JOHN CONNETTA. —_ r_ �G " - NOTARY PUBLIC-STATE OF FLORIDA Kerl°v Adams (`ignature of No ary Public) = =Cenlmissic�n#EE0057 9 Fxnires: JUNE 30,2014 BONDED TIRL GT?.2.13C B01∎01/1C.CO.,INC. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 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 ORDERO 4 s•}-xs,`:.11‘111 . 0NOFTIME THIS CAUSE came on for '5W/hearing before the Board.p ` 27,2014,on the Respondents' Motion for Extension of Time. - '` F lakQE_EA } \II i The Respondents reque p ns ..4eo_.'.l w - .'s Order. ORDER OF THE t ot •RD Based upon the foregoing, t to the authority granted hapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as e n� 0 RED: 1. The Respondents'Motion for Extension of Time is GRANTED for a period of 180 days(September 23,20I4). 2. The Respondents shall pay court costs for this hearing in the amount of$63.74 within 30 days(April 26,2014). �I DONE AND ORDERED this 3\ day of T LG.1'tiA• ,2014 at Collier County,Florida. ODE ENFs•CEMENT 13 State of Florida COLLIER Cs T Y i DA County of COLLIER ,,�, �� true aY: �`��'.�� I HEREBY ER ''� � •�s is a tru •.•- Kaufm•� correct tOtIcSf'a.tiodoinent frtsfle.in 800 orth Ho •- .ve Board r, r}ufes and• ecords°t Collier County Naples,Florida WITNES 5.'1PY 11.nda GI'Offiti "seal this day of L•ra: —01 •:� ` DWIGH ; =ROGK-CLERIC OF COURTS • adzes *** OR 5025 PG 152 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 33l day of R0.vr--k. , 2014,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. '�yL, _��J : b:T 4 Y PUBLIC MY COMMISSION#EE875121 ?;��- EXPIRES February 14,2017 My commission expires: ►an;: ,��,, 00';�gg-0153 flo.daNOte 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 Irfumation-ofthe satisfaction of the obligations of this Order may also be obtained at this location. /i" ,R C1 /� APPEAL: Any aggrieved party mays 101,`a final order of the Bo i- Circuit Court within thirty(30)days of the execution of the Order a )�ed. a shall not be a hearin de n• o,but shall be Iimited to appellate review of the record created withidthe - shall sponst ility fthe appealing party to obtain a transcribed record of the hearing m the Clerk o t tft Filin an Appe,I wi 1 not automatically stay the Board's Order. , CEn I I HEREBY CERTIFY t�1� . aeaand co cop ' en sent by U.S.Mail to Konstantine and Merrill Komnino �1 1 Spanish Oaks Lane,I les,FL•,1 this 31_day of j rcb\, 2014. �` l�i T \cf-r_,\\, L.../) ,`�,4-f a. . It} n,Esq. �''F1oii6 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. 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 Jonatha NIusse Code E oFement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 25th day of September,2014 by Jonathan Musse (Signature of Notary Public) G`pRY PUa� TERESAT±0L EY ' n k MY COMMISSION November r9f 4H,i r EXPIRES: - 077 (Print/Type/Stamp Commissioned Name of Notary Public) Bonded Th u Budget Notary Srices Personally known'' INSTR 5050080 OR 5092 PG 3969 RECORDED 11/10/2014 8:04 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 - COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20120002439 I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. KONSTANTINE KOMNINOS and MERRI•LL L.KOMNINOS. Respondent. CO ORDER OFD EH CODE ENFORCEME T BOARD THIS CAUSE came on for public hearing nF i e Code nforce ent oard on October 23,2014,and the Code Enforcement Board,having ons er •o o or • i uan a and being duly advised in the premises,hereupon issues its Find ngs f ct, c on I io s10 } • •.d 1rde of a Code Enforcement Board,as follows: ! 1 FINDINGS OF PACT 1. Respondents are charged wit ola on of Collier County L.'s a€d� rdinances,Chapter 130,Article III, Section 130-96(A);2007 Flori I ji ' .: Code,Chapter 1, -Iti 110.1 and Ordinance 04-41,the Collier County Land Development Code>a-tamp•-• ti liti 2,t.6(B)(1)(A)and 10.02.06(B)(1)(E)(I),in the following particulars: Y�_ 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. ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondents'Motion for Continuance of this case is GRANTED until February 20,2015. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period DONE AND ORDERED this(9q day o &(,2014 at Collier County,Florida. *** OR 5092 PG 3970 *** CODE - , •' a ENT BOARD, CO •• TY,FLORI• .•►.rte ��I J R..- ��— an, j� 2800 •orth orses••- . N.. es,Florita3' • STATE OF FLORIDA ) )SS: - COUNTY OF COLLIER) r}p, • The foregoing instrument was acknowledged before me this C1` I day of i10b Y , 2014,0 Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. •I'VAC i! `li.. sb^'r.';'•. KAREN G BAILEY I�.�.i�''�itir t1Ts Alt MY COMMISSION#EE875121 My commis is;4 s: '%4;t�;S EXPIRES February 14,2017 0077 396di53 FiwAaNetarySe:eo com PAYMENT OF FINES: Any fitO clto-be-pai. pursuant to this • •er may be paid at the Collier County Code Enforcement Department,2 oe Drive, '.p'es,FL 4104 Phone:(239)252-2440,Website: www.colliergov.net.Any release •1F i 'ot. o L • •. i.,• - •r II ation of the satisfaction of the obligations of this Order may also e o• ai e• = th's I c. i n. 3 APPEAL: Any aggrieved party a•,- it , •i e `-.:BoarJ, o e it Court within thirty(30)days of the execution of the Order appealed appeal shall not be a ing.- no I -� t shall be limited to appellate review of the record created within tt 'ginal hearing. It is th s. o sib'' .l the appealing party to obtain a transcribed record of the hearing fro E lerk of Courts. Filing h4p.t a 'I not automatically stay the Board's Order. t°J C •TI M T • • . R ,1 E I HEREBY CERTIFY that a true and correct co of this ORDER has been .e l by U.S.Mail to Konstantine and Merrill Komninos,6161 Spanish Oak :n- Naples,FL 34116 this '' day of be-,2014. ��, J �` T. '+�i�-ynne Nicola,Esquire IS Flori•a Bar No.968900 Attorney for the Code Enforcement Board State of i-iorida 681 Goodlette Road N.,Ste.210 County of COLLIER Naples,Florida 34012 I HEREBY CERTIFYTHAT this is ajrue and (239)261-6909 correct copy.of j ddcu I f t^pp file in BoardMinutt<sand R' •so1'EpllierCounty _ ESSygy,a,,•. ., iii V4 DWIGHT. 7;BROGK;:COK,OF COURTS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120002439 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. KOMNINOS,KONSTANTINE&MERRILL,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 in violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5092 PG 3969. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on February 24,2015. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:Permits for the shed and the garage conversion are not finalized. FURTHER AFFIANT SAYETH NOT. DATED this 25th day of February,2015. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Jonath.s,Musse Code E `•rcement Official STATE OF FLORIDA COUNTY OF COLLIER 9611 Sworn to or affirmed)and subscribed before me this d y of /1 ,2015 by Jonathan Musse (Signature of Notai Public) io a,;yec ,� KERRY ADAMS •- l A,„ MY COMMISSION#FF 139721 ,;inu._. EXPIRES:July S,2018 `n4rFOFf`rev Bonded Tin Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120002439 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. KOMNINOS,KONSTANTINE&MERRILL,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Joseph Mucha,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on 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 abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book 4825 PG 899, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on April 17th,2015. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by remaining open permits were finaled on April 17th,2015. FURTHER AFFIANT SAYETH NOT. DATED this 21st day of April,2015. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD 6 Joseph y ha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 2,?-'day of /2 p r ; ,2015 by Joseph Mucha //e--L-7 f (Signature of Notar§Public) av Pu 3*. ,/c KERRY ADAMS e '��A 1. MY COMMISSION#FF 139721 (Print/Type/Stamp Commissioned Name of No Public) EXPIRES:July S,2018 ' ) erfoF�o��° BondedThruBudgelNotaryServices Personally known COLLIER COUNTY CODE ENFORCEMENT BOARD tab 16 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20100006940 Hearing Date: 5/28/2015 Board of County Commissioners vs. Michael Facundo & 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. On October 23, 2014 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5092 PG 3975, for more information. On March 26, 2015 the Code Enforcement Board granted a Continuance. See the attached Order of the Board, OR 5138 PG 1192,for more information. The violation has not been abated as of May 28, 2015. 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 May 28,2015 (454 days)for a total fine amount of$90,800.00. Fines continue to accrue. Previously assessed operational costs of$146.99 have been paid. Operational Costs for today's hearing: $70.47 Total Amount to date: $90,870.47 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20100006940 COLLIER COUNTY, FLORIDA, Plaintiff, vs. • MICHAEL FACUNDO &AMY FACUNDO, Respondent(s) NOTICE OF HEARING RE: IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: • DATE: 05/28/2015. TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Code of Laws Capter 22 Article II, Florida Building Code Section 22-26 (b) (104.5.1.4.4) LOCATION OF VIOLATION:318 Washington AVE, Immokalee, SERVED: MICHAEL FACUNDO &AMY FACUNDO, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that,the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEAR)NG IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. 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 Board 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 Sheriff's 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. 1— N' I DONE AND ORDERED this \-i day of O`-' • ,2010 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER C• `_. •,FLORIDA BY: ...01 � Kennet - 2800 North Horseshoe Drive Naples,Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this K ' day of)j OUP_-NN be ----', 2010,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. „10.:11,14•, KFISTtNEHO!TON, V;1 �.��'70) +�1_(.I L�� *; f, :: RAY COMMISSION#DD 686595 NOTARY PUBLIC -4' t� � EXPIRES,June 18,2011 My P M commission expires: I„oF,„,. Bonded ihru Votary Pubfic Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER hasabeen sent by U. S.Mail to Michael and Amy Facundo,318 Washington Avenue,Immokalee,FL 34142 this 7.2 day of( `; .,2010. - • •stacid'4f P ii} T �. _ . ,. ,.i �%« ::OU Rty of W . .1 .r: . `�=:`.M.J-40 awson,Esq. Florida Bar No. 750311 1 H ERE'?Y CERTtF'I'.THAT.MIS is a kola Attorney for the Code Enforcement Board :orrect copy or a aocur9'l. ltt arOiltip 2375 N.Tamiami Trail, Ste.208 Board Minutes and i eeoras,o Got-1fer Coin P Naples,Florida 34103 r ESS rnv alto art:' friciai I (239)263-8206 __ Aay of40 .. WIGHT E. tiRCXACIERKOF COURTS g ,. 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 tgg_�be performed and passed thru a certificate of completion/occupancy within . «5-,t;'T days of this?caring or a fine of$200.00 per day will be imposed.i" vr>7 dk o - r rna- isSVlan c.L 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 Sheriff's Office to enforce the provisiofis of this agreement and all costs of abatement shall be assessed to the property owner. 1 Respondent or Representative (sign) Diane Fla4g„Dttrector Code Enforcement Department Respondent or Representative (print) bate' / • i) f F`0 Date R7C-Lb—y- U 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 27th day of October,2011. COLLIER COUNTY, FLORIDA COD, ENFORCEM.NT B E ARD Weldon J Wall?f J ." Code Enforcer}leniOfficial STATE OF FLORIDA l/ COUNTY OF'C,OLLIER i , Sworn to/(or affirmed)and subscribed before me this (—day of(, L'; ``:L2011 by (S grratti ,OfNotaiy Public) NOTARY PUBLIC-STATE OF FLORIDA Pr T. Snow Na" ,,' ,•° 9'r le T.01,2013 BONDED TEM ATLAY'nC BONDL`G ca,LtiC. Personally known ' 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 'J Cl' ,2011 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA yc yi .,,zzjj�{jh/ BY: VLGtL 4Fi \ 4=:Fi.11 V4'l � :,:',ounty of COLLIER Kenneth hair 2800 North Horseshoe Drive HEREBY aRTIFYTTHAT this is a true rite Naples,Florida 34104 c;Orrect c„ YoYUQc €tt€t c 1 gills in Poard k iiliite •and,ReE `et of-Coller.County VMS �4fyei this v � ay.,a t PW{ '` 1 G ;,6(E€ IC OF COURTS ' '=° ;_ � � STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this, day of - 2011,by Kenneth Kelly,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Florida Driver's License as identification. `04 p f, KRISTINE TWENTE `%; Notary Public-State of Florida NOTARY PUBLIC ?•� •_My Comm.Expires Jun 18,2015 My commission expires: " Commission#EE 87272 ,,, 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-- 321-°day of Qty-,-).,2011. M.Jean Rawson,Esq. Florida Bar No. 750311 Attorney for the Code EnforcementBoard 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 NFORCEME BOARD 1 Weldon J Walker 1 Code Enforceme official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed an._-.acre:-d before me this 18th day of Ju.e,2012 by Weldon J Walker Jr. (Signature of Notary Public) N0T�gvp�BLIC• TA1E OF FLORIDA Maria F. Rodriguez '.7y =Commission#EE049566 _. Expires- JAN.16,2015 (Print/Type/Stamp Commissioned Name o / otary P.-.lie) BONDEDT MATLANTICBONDINGCO.,/NC. Personally known I '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 t(' day of 2012 at Collier County,Florida. • COD ORCEMENT BOARD CQLT `l , '6.,FLORIDA &taut 0 FEs4R1 iii : pty C# WW B wan,Chair 1 HEREBY R l AT this is it 2800'Roberti orseshoe Drive Naples/Florida 34104 Pvrtect eta_tot. _€9.4f) E en,file I 'rd rMI ;*Pr' of ii*OS.Ali atiettfficiat INSTR 4727330 OR 4825 PG 891 _____a' << RECORDED 8/10/201211:56 AM PAGES 2 r:. DWIGHT E. BROCK CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA a ,' EV REC$18.50 r STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this (p day of • • 2012,„by_Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida .o is / personally known to me or who has produced a Florida Driver's License as identification. KRISTINE TWENTE '_' ��`A 4 - i �aaY°O°�;'- Notary Public State of Florida NSTARY PUBLIC Comm.Expires Jun 18,2015 w• MY -1%1',41674W«aQ Commission#EE 87272 ssn. My commission expires: Bonded Through National Notary 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 day of 0 LA__ , 2012. X M.Jea wson,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 1 NFORCEME E T B09,1'RD did 111. Weldon J Wa1J/. Code Enforce en'Official 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 Not' 'Public) NOTARY PUBLIC STATE OF FLORIDA Q.11,5:)CExompimiress:sionjAN#E E0 66(Print/Type/Stamp Commissioned Name of Notary Public) • 06,2015 BONDED TEN ATLA:v fI C BONDLN G 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 COLLIER COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS, 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 day of 1nn1 VL 1 ,2013 at Collier County,Florida. CODE ENFORCEMENT BOARD COL, . s UNTY, ' ORIDA State of Florida,,, . B • m/�W County:Qf COLL:I R :.;n., Ro.`et(Ka ' an air 2800 No , eshoe Drive I HEREBY CERTIFY THA .this is a true and Naples, or 4104 correct copy.a a docutiient=on file in Bo.3rd.Minutes an;Rvccirds of Collier County WITNESS my ha;ld;tand o ficial seal this day qr._ DWIGHT E. BROOK, CLERK OF COURTS STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) (�n I V` The foregoing instrument was acknowledged before me this 4 day of IU LCkVL , 2013,J3yfRobert Kaufinan,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. i �ARY r , . , KAREN G BAILEY NO ARY PUBLIC `"''" My commission expires: 1: MY COMMISSION#EE875121 •7 . EXPIRES February 14,2017 the 7)398-0153 Florida lotaryS. ice corn , 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 this- day ofMaidA,2013. /k2Q:". K.,e-ii (7; ,- -... 0. . M.Jeatrllawson,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, 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 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, 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. I • DATED this 7th day of March,2014. COLLIER COUNTY,FLORIDA CODE, NFORCEME / BO, Weldon J Walk ' Jr./ Code Enforcem,nt 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) NOTARY PI ELIC•`'TATE OF FLORID Maria F. Rodriguez Commission#EE049566 • -� .=,:•.,;.fires: JAN.16,2015 (Print/Type/Stamp Commissioned Name of Notary Public) Bp T �X77[�*ITIC.BOt�LV�CO.INC• Personally.known�( 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 COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO: CESD20100006940 vs. MICHAEL AND AMY FACUNDO, Respondents ORDER t 16€ NTTNUE THIS CAUSE came on for u' earingbefore the Board. 24,2014,on the Respondents' Motion to Continue the hearing o ski F o + Fine ices-f`i k� •" ''c Na The Respondents N Alb •o -1 •- ,e.. •g o ff•si Ink Fines/Liens.T.,. /7 ,�, \ ORDER OF THE :a • ' a Based upon the foregoing, ..p .al t to the authority 1.4 :I .d hapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as .ii en L ,-.VCO- 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$65.84 within 30 days(May 24,2014). DONE AND ORDERED this 1 day of 2014 at Collier County,Florida. COD' ol.1-.:CEMENT BOARD Co LIER C• ' ,FL IP ' n A State of Florida • :-��;r i✓ County of COLLIER ' �''--Ka `",T hair 2:i 0 N. ∎I _reshoe Drive I"HEREBY•CERTIFY THAT this is a true and 'apl= da 34104 coret;C ° ;g document on file in tivi nt te's:4111 rxcords of Collier County :,��a� Y•' •nal:official seal this ff'WIGHT) •'BRK4:; ERK OF COURT *** OR 5039 PG 3245 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The forego' g instrument was acknowledged before me this t day of 2014,b obert Kaufman,Chair of the Code Enforcement Board of Collier Coun ,Florida,who is personally known to me or who h. •roduced a •'•a Driver's License as identification. _ !� / � A � KAREN G BAILEY NOTARY PUBLI ;�} 4 My commission expires: ''c MY COMMISSION#EEB75121 EXPIRES February 14,2017 CERI'lF1CATE OF SERVICE owl Amin FmrWsNoterySc.•be.com I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Michael and Amy Fecundo,318 Washington Avenue, I.rs• wee ori4a 34142 this ( day of 014. e, •t: son,E ., iar da Bar' o.750 .11 f$ +�r= Enforcement 0648 •�'�• � '�� S 210 Board s(n on.• '10 239}2';-82t ■..ro 4k1 ,Cy COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20100006940 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner is ' 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: 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 [] 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 FORCEMENT ARD Weldon J Wal -r r. Code Enforcer e 0 cial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed and s If.cribed before me this 27th day of August,2014 by Weldon Walker (Signature of ∎otar'Public) NOTARY pTJgLIGSTATEOFFLORIDA Maria F. Rodriguez Comr2ission (Print/Type/Stamp Commissioned Name o'Notaiy Publi ) `° 'Expires: JAN,16,2015 BONDED THRU ATLA n BONDING CO.,INC. Personally known INSTR 5050083 OR 5092 PG 3975 RECORDED 11/10/2014 8:04 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20100006940 I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. MICHAEL FACUNDO AND AMY FACUNDO, Respondent. ORDER 0 torus JCODE ENFORC BOARD THIS CAUSE came on for publiekarin re the Code EnforcemeBoard on October 23,2014,and the Code Enforcement Board,having c nsi erect-IteSTiandents'Mo It for Con ua ce and being duly advised in the premises,hereupon issues its Find' gs f o on. • . v, • yrofhe Code Enforcement Board,as follows: �,�`' c1 6 s FACT,. 1. Respondent is charged wit V tion of Collier Coun e f L s;,chapter 22,Buildings and Building Regulations,Article II,Flor 'Iding Code,adoption d4h a /fit of the Florida Building Code, Section 22-26(B)(104.5.1.4.4 in .ollowing particulars: d eExpir , g rmits ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until January 21,2015. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period DONE AND ORDERED this a-1 day of iu car ,2014 at Collier County,Florida. State of Florida County of COLLIER CODE ENFORC s ENT BOARD COLLIER COUN, ,FLD4: tt • I HEREBY CERTIFY.THAT this is a true and s correct copy of adoct u vEl/on.file in ,.r-411109.011, Board Minu and Recordsco,collier County Ro•- Kaufman, i 00 orthHors-sho, Drtve /dPd - Nap es,Florida/34 '4 D IGI-fTE,BROCK CLERK OFXOURTS *** OR 5092 PG 3976 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of -kDb.r , 2014,joy Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is V/ personally known to me or who has produced a Florida Driver's License as identification. a4ren'— --� KAREN G BAILEY T1._'J'..jrk. - MY COMMISSION#EE875121 �� „,.,:• EXPIRES February 14,2017 ARY P C ' corn My commission expires: 07;39e o+sa fro.daN�ryse.� 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,Phone:(239)252-2440,Website: www.colliergov.net.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 appal. ffljhds the •Circuit Court within thirty(30)days of the execution of the Order appealed. Arita/ .& all not be a hear b'� o o,but shall be limited to appellate review of the record created within thy/Cut/in hearing. It is the resporl alit of the appealing party to obtain a transcribed record of the hearing frojrn the perk of€a rt s. Filingn App al will not automatically stay the Board's Order. I HEREBY CERTIFY th all a e. s orr..Gca• I•_ .a is O t„o h�311.- n sent .y U.S.Mail to Michael and Amy Facundo,318 Washingto ''v .,Immokalee,FL .41 i ' I 1�'• t_t.• x"2014. ( I, 0 � rO 7,i'1+ a Nicola,squi 3'' 7.■:ar No.968900 • orney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)261-6909 • INSTR 5105678 OR 5138 PG 1192 RECORDED 4/9/2015 10:49 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20100006940 BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY,FLORIDA, Petitioner, vs. MICHAEL FACUNDO AND AMY FACUNDO, Respondent. CCU ORDER g." • ODE ENFO t 1 BOARD THIS CAUSE came on for lblic zer.ii = ore the Code Enfor m Board on March 26,2015,and the Code Enforcement Board,having 56nsid-red =ndents v• oo for Co inu ce and being duly advised in the premises,hereupon issues its Find ngs •f • Col .io •.• er otthe Code Enforcement Board,as follows: 0s '° AC 1. Respondent is charged wi 1gni• ation of Collier Coun ode of a Chapter 22,Buildings and Building Regulations,Article II,Flo ilding Code,adoption -}u nt of the Florida Building Code, Section 22-26(B)(104.5.1.4. .fin t - following particulars: cs`ia 'u' TRW ermits ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 25,2015. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period -DONE AND ORDERED this day of!� ' ,2015 at Collier County,Florida. ODE ENFOR• MENT BOA' COLLIER CO TY,F ORI P •..en .Z;:'f-an, • 281K o Hors. pie lorida 3 , STATE OF FLORIDA ) )SS: *** OR 5138 PG 1193 *** COUNTY OF COLLIER) f The foregoing instrument was acknowledged before me this day of 1,1 , 2015, y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is l/personally known to me or who 1. • •• -• . Florida Driver's License as identification. :IS.. KAREN G BAILEY 1 �� '��'.'" MY COMMISSION SY EE8751 c; , �'�- *'�� EXPIRES February.l �s� , ?« 5: �AIOT Y PUBL"� ,JOTj 399-0t 5? FbriCaNiota Se vice i My commission expires: 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,Phone:(239)252-2440,Website: www.colliergov.net.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 .1 i,_ . • :.' • de novo,but shall be limited to appellate review of the record created within the oric,' . •e: • • •- r ibility of the appealing party to obtain a transcribed record of the hearing from t o ourts. Filing 1 will not automatically stay the Board's Order. / f C.`' FRVIC 7 I HEREBY CERTIFY th-t a re. • err c eo• a e.LI ins been nt by S.Mail to Michael and Amy Facundo,318 Washington • e.,Imm•k ee F .•I • day of__ 2015. ` � T. k' , 7ico� quire id. °,,..�.4., 968900 O , • •a the Code Enforcement Board :.I i ,I lette Road N.,Ste.210 '-' es,Florida 34012 (239)261-6909 State of Florida County of COLLIER •I HEREBY CERTIFY THAT this is a true and correct copy of a documeftt�'Trffe9. Board Minute:and fi ordsof CbllG cpunty WITNESS my h• �3n�cfiidial seal this %411 day of i4pi trbt.5` - r D t,IGHT E.BRO ;CCERK;CF +l�R . I ` I` ."' ter' COLLIER COUNTY CODE ENFORCEMENT BOARD tab 17 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20130019399 Hearing Date: 5/28/15 Board of County Commissioners vs.Dorothy K. Gill Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(A), 10.02.06 (B)(1)(E) and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 22-26 (B) (104.5.1.4.4) Location: 5009 31st Ave SW,Naples,FL; Folio 36455080005 Description: Two unpermitted sheds on right side of the property, possible garage conversion and attic conversion to small apartments and the staircase moved to right side of the structure from the rear of the property. Past Order(s): On April 24, 2014 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5039 PG 3250, for more information. On September 25, 2014 a Continuance was granted. See the attached Order of the Board, OR 5086 PG 2277, for more information. .0n January 22, 2015 a Continuance was granted. See the attached Order of the Board, OR 5118 PG 2294, for more information The violation has not been abated as of May 28, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between August 23, 2014 to May 28, 2015 (278 days) for a total fine amount of$55,600.00. Fines continue to accrue. Previously assessed operational costs of$127.25 have been paid. Operational Costs for today's hearing: $65.43 Total Amount to date: $55,665.43 • • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, . Case: CESD20130019399 COLLIER COUNTY, FLORIDA, Plaintiff, vs. • DOROTHY K GILL, Respondent(s) NOTICE OF HEARING RE: IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM • PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34t12 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) (e), Code of Laws chapter 22 article II, Section 22-26 (b) (104.5.1.4.4). LOCATION OF VIOLATION:5009 31st AVE SW, NAPLES, SERVED: DOROTHY K GILL, Respondent Joseph Giannone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses • and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley San Roman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112 (239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the,traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este events.Par favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 4985252 OR 5039 PG 3250 RECORDED 5/21/2014 11:56 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.: CESD20130019399 vs. DOROTHY GILL, Respondent FINDINGS OF FACT.CONCLUSIONS OF LAW AND-ORDER -OETHE BOARD ,r% x 00- THIS CAUSE came on for public h g .- . - e :oard on • a�y,e•114,and the Board,having heard testimony under oath,received evide. ,eard respective to all •.'- . :• -matters,thereupon issues its Findings of Fact,Conclusions of ,and LO a ,f the Board,as folio : 1. That Dorothy Gill is the :wne of the sub .i .ro;,40. 2. That the Code Enforce ent to d .- j c.'.. o i . o, of .e • -spondent and that the Respondent,having been duly n.,;. •' . :'• 'ore • '• e . .tic h . ..g , ••but entered into a Stipulation. 3. That the Respondent was ed of the date of herrin 4,)c.. ;1-. , and by posting. 4. That the real property loc 4-511' 31'Avenue S.W.,N..r , •nda,34116,Folio 36455080005, ,more particularly described as Lot 11, ,r', nit 7,GO • P ,according to plat thereof recorded in Plat Book 5,Page 135.,of the Public Recor oft3i •-s •, y,F,. •r is in violation of Ordinance 04-41,as amended,the Collier County Land Developmen e! - `- .1.. -0 02.06(BXIXA),10.02.06(BXI)(E)and Collier County Code of Laws and Ordinances,Chapter 22,Article II,Section 22 26(BX104.5.1.4.4)in the following particulars: Two unpermitted sheds on right side of the property,possible garage conversion and attic conversion to small apartments and the staircase moved to right side of the structure from the rear of the property. 5. The violation has not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: 1. That the Respondent is in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Section 10.02.06(BX1XA),10.02.06(BX1)(E)and Collier County Code of Laws and Ordinances,Chapter 22,Article II,Section 22-26(BX104.5.1.4.4). 2. That the Respondent must obtain all required Collier County Building Permits or Demolition Permit, inspections and Certificate of Completion/Occupancy within 120 days(August 22,2014)or a fine of$200.00 per day will be imposed until the violation is abated. 0 5039 PG 3251 • 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$64.34 within 30 days(May 24,2014). 5. Respondent shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this I day of MOA U"I,2014 at Collier County,Florida CODE DK I I 'CEMENT BOARD s 1 RCOI a DA --�___ Iii tt.,trail rewir-,air N•P. .; -shoe Drive STATE OF FLORIDA ) /''C ' `�' )SS: . � ,- COUNTY OF COLLIER) f - The for going instrument was ac o'y gel;., - r, i1 •. + 'Iti 1._, , 2018 Robert Kaufman,Chair f th :+, �„e�B�` `o o P�er out} ,Florida,who is ,,// personally known to me anti ,; vo.9. ' : Flori lj. I v license as identification. ..:,, KAREN G BAILEY �_y - ;L. �F T. MY COMMISSION it EE875121 SOT• 'Y PUBLI a. � � 'er y commission expir- �J «a EXPIRES February 14,2017 (107)39B-0153 RaidaNaterZSr..ke.COI PAYMENT OF FINES: Any fines ord- to t* ,; + ,t4.':, s er may be paid at the Collier County Code Enforcement Department,2800 North o -_.i oe I' I •.les,FL 34104,fax#(239)252-2343. Any • release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this OR>;)ER has been sent by U.S.Mail to Dorothy Gill,5009 31's Avenue S.W.,Naples,Florida 34116 this I day of Itt■ ,2014. State ot:Flonda i _ii Coun gf t bt.1E t s M./, Rawson,Esq. •r Sri- ." Florida Bar No.750311 '. Attorney for the Code Enforcement Board i l�REBY OTIf,:�l'"�Tt•4t,T this is a true and eY r� 681 Goodlette Road N. Ste.210 . .grt'•eEtCopy of•a tfsurn�,t on file in Naples,Florida 34102 r. lard Ritiutes and Re�afJs of Collier County P '3.Ti&IS.nlyli fry.and��fficial seal this (239)263-8206 ',,•a.' day-of 01 - WIGHT E 66K;CLERK OF COURTS • ,,,,,,_. 1�C. ,.---- BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20130019399 Dorothy K. Gill Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Dorothy Gill, on behalf of herself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20130019399 dated the 23rd day of December, 2013. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 24th, 2014; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $64.34 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property o /Al- AL! ..r74 41(111 , Respondent of'epresentative (sign) For Jeff-Wright, Director Code Enforcement Department U rtD R. ( 14/15/1 Respondent or Representative (print) Date Date REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20130019399 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. GILL,DOROTHY K,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Joseph Mucha,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on April 24, 2014,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s)was to obtain all required Collier County Building Permits or Demolition Permit; inspections and Certificate of Completion/Occupancy as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5039 PG 3250. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 25th,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: Owner has not obtained a building or demolition permit. FURTHER AFFIANT SAYETH NOT. DAl'ED this 25th day of August,2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Joseph-Mucha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 4S day of P,1../, ,2014 by Joseph Mucha (Signature ofNotar/Public) 4's 4,t, KERRY ADAMS FF (Print/Type/Stamp Commissioned Name of Notary Public) *;'�i iJ , * MRES:IJON 1 201621 IreOF N Bonded ThN Budget Notary Won Personally known Ai INSTR 5042218 OR 5086 PG 2277 RECORDED 10/20/2014 8:09 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20130019399 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DOROTHY K.GILL, Respondent. I ORDER OF.34 C60� F'RGEl1[ENT BOARD THIS CAUSE came on for py if 1?f ing before the Code En •fcem�nt Board on September 25,2014 and the Code Enforcement Board,havinpg con? .ondents'Motion f Co Itinuance and being duly advised in the premises,hereupon issues its F'tidin s o aett one usion a aw,an \Ord r of the Code Enforcement Board, as follows: t Fl G � 11 M. G. • C.. L Respondent is charged w i lation of Collier Coun .nd 'ev5iont Code 04-41 as amended, Sections 10.02.06(B)(1)( tat 10.02.06(B)(1)(E),an.,(alie/93,Code of Laws,Chapter 22,Article II,Section 22-26(B)(104.5. .44). in the following partiIar Two unpermitted sheds on right side f- to c ,possible g;aaeiiversion and attic conversion to small apartments and the staircase movedAFTWit FidritthOtfucture from rear of the property ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until November 9,2014. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period D. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$62.91 on or before October 25,2014. 1 *** OR 5086 PG 2278 *** DONE AND ORDERED this 13 day of2014 at Collier County,Florida. Cc t E ENFORC MENT BOA• OUTER CO. ,F'O• 0A 'o■e ` 7ufma 2801 o Horse"Drive Naples lorf•. 34 s STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 9) day of( ber' 2014; -Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is . personally known to me or who has produc-■ a Florida Driver's License as''-■ ' '•-. KAREN G BAILEY fa _� j.�a...•1'= .Y COMMISSION#EE875121 NO ARY ` EXPIRES February 14,2017 /C) My commission - plre „ FkYklaN a ff PAYMENT OF FINES: Any fins ord brect•torbe8.aid ■ursuan f this Order m'y be paid at the Collier County Code Enforcement Department,2:00 o.• .•rs- `b- •■ 104 Phone:(239)252-2440,Website: www.colliergov.net.Any release 'f li-�. o at ■n f s plince •,co fi ation of the satisfaction of the obligations of this Order may also be .ta ned.t a .c. ion APPEAL: Any aggrieved party 4ra peal a final order of th oard o th ``viyy��uit Court within thirty(30)days of the execution of the Order appealeo rck ppeal shall not be a h. g c e 1100-,^ ut shall be limited to appellate review of the record created within t• final hearing. It is the nst ,of the appealing party to obtain a g -° transcribed record of the hearing from 'e k of Courts. Filing an • vill not automatically stay the Board's Order. 5\- CERTI�YtE1tVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to Dorothy K.Gill,5009 31"Ave.SW,Naples,FL 34116., :p e , L 34120 this t3 day ofatibeC2014. .Lynne Nicola,Esquire Florida Bar No.968900 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 J.AQ td'r'"''"' Naples,Florida 34012 County of COLLIER (239)261-6909 I HEREBY CERTIFY THAT this is a true and correct c51.-4,!Iff document on file in B..ard•t,Tcut s 1 ecerds of Collier County ,-G�'�T,�' -my-haftd-' a off 'al seal this 1 i" 2'Y 0.r fDWIGH . CK< LERK OF COURTS • D.C. 2 INSTR 5081501 OR 5118 PG 2294 RECORDED 2/6/2015 9:34 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20130019399 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DOROTHY K.GILL. Respondent. - ORDER OF rIcC, E� NT BOARD THIS CAUSE came on for pulali�t mg before the Code En em t Board on January 22,2015,and the' Code Enforcement Board,having coiideyec Respon ents'Motion for ntinu nee and being duly advised in the premises,hereupon issues its Finditlgs o{Fa�lustons o 1,and Ot' er o the Code Enforcement Board,as follows: jj 1231'IND ��,GSbF / I. Respondent is charged w! of Collier Coun'-Land ev c4ment Code 04-41,as amended, Section 10.02.06(B)(1)(A) t .06(B)(1)(E)and Coll o ty od/of Laws and Ordinances Chapter 22,Article Il,Section 22-2 1 5.1.4.4)in the follocsta' 1cd�lars: Two unpermitted sheds on right side o t n erty,possibl r . baversion and attic conversion to small apartments and the staircase mov to3-i12 hrs t'r�re from the rear of the property. R3 ORDER Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 22,2015. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period DONE AND ORDERED this , day of ,2015 at Collier County,Florida. State of Florida -o DE ENFORI EMENT BOA: 11 County of COLLIER COLLIER Co e• Y L•'.IDA I HEREBY CERTiFY THAT this is a true and :Y 7A / Rob- ,aufman, S fj correct q0�y�•�a cf&dpuient on file in r. 2:.0 N, Ho . e Drive Boat!.f:�u{es f:Reco)ds of Collier County aple:,Flori•. 104 VJl NraS 't i�nd;W. ral seal this day;of�WaitiA49615 DWI-GHTE:BBOCK,CLEA OF COURTS • ii, *** oR 5118 PG 2295 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The fore oing instrument was acknowledged before me this_a_day of IFC b 2015 y Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produced a Mori.- ■•ver's License as identification. II ft* l r `eps KAREN G BAILEY NO ARY PUBLIC =?r,,,• MY COMMISSION it EE875121 My commission expires: ,4:r: EXPIRES February 14,2017 PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order m.,��7je pala at the collier Uounty Code Code.Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,Phone:(239)252-2440,Website: www.colliergov.net.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 figa1-o_r•-r• 1- Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An meal-0 'n . • r'� covo,but shall be limited to appellate review of the record created within the o ' d tearing. It is the - 1 ility of the appealing party to obtain a transcribed record of the hearing from t_ r of Courts. Filing an �eal\ill not automatically stay the Board's Order. 3f t \ 1 RTIF --TAE.1 _BEBY.LC I HEREBY CERTIFY th t a t e ; d c•, it o y f-Iii %Iv h. been sent by U.S.Mail to Dorothy K.Gill,5009 31'Ave.SW,Naple f f '4' J4 t.: A, l th V '''' Y. ne en.,• squire Florida B.St;•00 - -r"o n-, a+ de Enforcement Board �...' Go..ad N.,Ste.210 Naples,Florida 34012 (239)26I-6909 . COLLIER COUNTY CODE ENFORCEMENT BOARD tab 18 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20140021849 Hearing Date: 5/28/2015 Board of County Commissioners vs. George J Sorbara & Jennifer T Sorbara Violation(s): Collier County Code of Laws and Ordinances, Chapter 2,Article IX County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a). Location: 151 Burning Tree Dr,NAPLES, FL; Folio 24021600009 Description: Permit 2007060198 for pool and for fence never received Certificate of Completion. Past Order(s): On March 26, 2015 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 5138 PG 1204,for more information. The violation has not been abated as of May 28, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period between April 26, 2015 to May 28, 2015 (32 days) for a total fine amount of$ 3,200.00 Fines continue to accrue. Previously assessed operational costs of$65.43 have been paid. Operational Costs for today's hearing: $63.75 Total Amount: $3,263.75 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20140021849 .COLLIER COUNTY, FLORIDA, Plaintiff, vs. GEORGE J SORBARA&JENNIFER TARVIN SORBARA, Respondent(s) NOTICE OF HEARING RE: IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06 (B)(1)(a). LOCATION OF VIOLATION: 151 Burning Tree Dr, Naples SERVED: - GEORGE J SORBARA&JENNIFER TARVIN SORBARA Respondent Delicia Pulse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiancia y usted sera responsable de proveer su propio traductor,pars un-mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpd vini avek yon intepret pou pale pou-ou. BOARD OF COUNTY COMMISSIONERS IA I Collier County, Florida Petitioner, vs. Case No. CESD20140021849 George J. Sorbara, Jennifer Tarvin Sorbara Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,Ge'1it'j-e s��,,00n� 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 CESD20140021849 dated the 14th day of November, 2014. In consideration of the disposition and esolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for,j �p; t romote efficiency in the administration of the code enforcement process; and to obtain a quick and xpe itious 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. Collier County Code of Laws and Ordinances, Chapter 2, Article IX, Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$ .—i curred 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 ?,O days of this hearing or a fine of$ Oa' 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 tty spondent fails to abate the violation the County may abate the violation using any method to bring yie iolation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce\t a provisions of this agreement and all costs of abatement shall be assessed to the property own 1 i 1 Respo j/lent or Representative (sign) J;ff Wright, Director (6_ (/ IZ tk-; (3131171i'A", ode Enforcement Department 3 ( Ni [ i' Respondent or Representative (print) Date 31a ( 0 Date REV 12/3013 INSTR 5105684 OR 5138 PG 1204 RECORDED 4/9/2015 10:49 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20140021849 • BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. GEORGE J.SORBARA and JENNIFER TARVIN SORBARA, Respondents. ' _ ORDER OF DE ENFOO BOARD Zt� rFT THIS CAUSE came on for ubli fore the Code Enfozcemeltt Board on March 26,2015,and the Code Enforcement Board,having ear est r . un er oa e eived a den-e and heard argument respective to all appropriate matters,hereupon i.sue it 'n ins a a and 0 er of th Co Enforcement Board,as follows: Ia•IGfi • C° W J11 I. Respondents,GEORGE . BARA and JENNIF t,TAR',IN 0°44:ARA,are the owners of the subject property. r0 2. Respondents were notified o die•• of hearing by certifie• •.k-. d posting and the Code Enforcement Board has jurisdiction of this m• = # � 3. At the hearing,the Respondents entere• • • 6: • + ,which is attached hereto-as Exhibit"A". The Stipulation is adopted as an Order of the Code Enforcement Board and the Respondents are Ordered to comply. 4. The real property located at 151 Burning Tree Drive, Naples, FL, Folio No. 24021600009 (Legal Description:BIG CYPRESS GOLF&COUNTRY CLUB EST.BLK II,LOT 18)is in violation of Collier County' Land Development Code 04-41, as Amended, Section 10.02.06(B)(1)(a) in the following particulars: Permit#2007060198 for pool and for fence never received Certificate of Completion. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,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. Respondents are found guilty of violating Collier County Land Development Code 04-41,as Amended, Section 10.02.06(B)(1)(a). B. Respondents must abate the violation by obtaining all required Collier County building permits or demolition permit,inspections and Certificate of Completion/Occupancy on or before April 25,2015 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. *** OR 5138 PG 1205 *** 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 operational costs for the prosecution of this case in the amount of 565.43 on or before April 25,2015. E. Respondents shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may be performed t confirm compliance. DONE AND ORDERED this day of ,2015 at Collier County,Florida. CO'' NFOR MENT BOARD 'OLLIER CO ,F ORID BY. r h �� Via!it STATE OF FLORIDA ) :v • /horseshoe Drive .'° . ." i'<T. 34104 )SS: • COUNTY OF COLLIER) - The foregoing instrument was aclui•w1e g re m ay of �t11. 's , 201 ,by Robert Kaufman,Chair o the// ode Enforcemen�:oard Collier ou ty,Florida,who is v per • • 's • .•- • i • : 6) COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20140021849 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. - SORBARA,GEORGE I JENNIFER TARVIN SORBARA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on February 26, 2015, 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 5138 PG 1204. 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on [April 27, 2015]. 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 [29th] day of[April],2015. COLLIER COUNTY,FLORIDA CODE ENFORCEMEN :01 :n Or AIP d14 Delicia Pulse Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me thisg i day of .A.)I1 i ,2015 by Delicia Pulse (Sign {a-e of Notary Pu ic) 4o`'RY:;e�.o KERRY ADAMS *,.tt??pi-- ,, MY COMMISSION#FF 139721 i!Ti'°.° EXPIRES:July 8,2018 (Print/Type/Stamp Commissioned Name of Notary Public) r69Fr'-`4 @Anda4Thruaudg°t Net @fYOSNi@®S Personally known' COLLIER COUNTY CODE ENFORCEMENT BOARD tab 19 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20120000572 Hearing Date: 5/28/2015 Board of County Commissioners vs. Juan Campbell& Nora Carrillo Violation(s): County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 1101 N 11TH ST, IMMOKALEE, FL; Folio 63912040001 Description: Building permit expired without the completion of all related inspections and issuance of a Certificate of Completion/Occupancy. Past Order(s): On January 22, 2015 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 5118 PG 2287,for more information. The violation has not been abated as of May 28, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between April 23, 2015 to May 28, 2015 (35 days) for a total fine amount of$ 7,000.00. Fines continue to accrue. Previously assessed operational costs of$67.00 have been paid. Operational Costs for today's hearing: $63.75 Total Amount: $7,063.75 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20120000572 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUAN CAMPBELL & NORA CARRILLO,.Respondent(s) • • NOTICE OF HEARING RE: IMPOSITION OF FINES • PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 05/28/2015.- • • TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Section 10.02.06 (B)(1)(a) LOCATION OF VIOLATION: 1101 N 11th ST, lmmokalee SERVED: JUAN CAMPBELL & NORA CARRILLO, Respondent - Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that•the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. • IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended,be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley San Roman COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive • Naples, Florida 34104 • (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8500;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 5081498 OR 5118 PG 2287 RECORDED 2/6/2015 9:34 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20120000572 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JUAN CAMPBELL AND NORA CARILLO, Respondents. �� C.,� A06---x ORDER OF/T I LODE ENF RRCB T BOARD / a`' > THIS CAUSE came on for pi'iblic eari ng.bore the Code Enfo eme Board on January 22,2015,and the Code Enforcement Board,having l�}}�ard esi oily un eilr ortlroreAeived eviden a and heard argument respective to all appropriate matters,hereupon issues/its Findings a and Orbler of thko Enforcement Board,as follows: ( AN. rKrGb , t , 1. Respondents,Juan Camp d ora Carillo,are thi wners of t . ect property. 2. Respondents were notifced fte•ate of hearing by ce t d ' t ,posting and the Code Enforcement Board has jurisdiction of this a e , 3. At the hearing,the Respondents e t e•s ti. '.,,ta� a , v .ic'h is attached hereto as Exhibit"A". The Stipulation is adopted as an Order of th- n 'r Board and the Respondent is Ordered to comply. 4. The real property located at 1I01 N. 1 1t St., Immokalee, FL, Folio #63912040001 (Legal Description: Newmarket South BLK 3,Lot I5 and S1/2 of Lot 14),,is in violation of Collier County Land Development Code 04-4I,as Amended,Section 10.02.06(B)(I)(A)in the following particulars: Building permit expired without the completion of all related inspections and issuance of a certificate of completion/occupancy. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,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. Respondents are found guilty of violating Collier County Land Development Code 04-41,as Amended, Section 10.02.06(B)(1)(A). B. Respondents must abate the violation by obtaining all required Collier County Building Permit(s)or Demolition Permit,inspections,and Certificate of Completion/Occupancy on or before April 22,2015 or a fine of S200.00 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 oR 5118 PG 2288 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 operational costs for the prosecution of this case in the amount of$66.27 on or before February 21,2015. E. Respondents shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this__ _day of R.b ,2015 at Collier County,Florida. COD • !: EMENT BOARD I LLIER CO t ,FLORIDA ••:rt Kaufman tJ STATE OF FLORIDA ) 281 i North . sAr- ve •pies,Fl. da 3, 04 )SS: COUNTY OF COLLIER) The foregoing instrument was acknow ( • •efore me this i day -f ti 2015 y Robert Kaufman,Chair of e C.• ..Enforc- ent Board of Col -r Co nty,Florida,who is personally known to me or wht hapro•uc-• . Rida D. 's icense as ide . • KAREN G BAILEY !1► a.0J i 'fir. u .� � ►��'�' MY COMMISSION#EE875121 ° r� � +yam; EXPIRES February 1a.2017 Cumiissio X&re :l'°rt , F�rtli our S. �^ PAYMENT OF FINES: Any fi 'o •ered to be paid pursu. -to thisQ may be paid at the Collier County Code Enforcement Department,280. . • Horseshoe Drive,N. s, ,er.4,Phone:(239)252-2440,Website: www.colliergov.net. Any release of -I or onfirmation of complia a onfirmation of the satisfaction of the obligations of this Order may also be ob.: >. g t 's location - <- APPEAL: Any aggrieved party may appeal a d 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„ been t by U. S. Mail to Juan Campbell and Nora Carrillo, 1101 N. 11th St.,Imm, al--, L 34142 this � day of i-�,b ,2015. .0 ■\ lira a Lynne Nicola,Esql e State of Florida lori a Bar No.968900 County of COLLIER , A-orney for the Code Enforcement Board •Z•':3 .....:. :j 681 Goodlette Road N.,Ste.210 I HEREBY CV.IF''TH{TT f51s-.is'a true and Naples,Florida 34012 correct cony Ilociirii •o .fiieirl. (239)261-6909• Board 'm surd Records.ofColleCounty Wj ESS Farf a •official se I t;-ifs • da-7 . DWIGHT . 'RO6K, .ERKOF COURTS • NOIA-141, �.C. *** OR 5118 PG 2289 *** • .::::BOARD OF COUNTY COMMISSIONERS :Collier County, Florida •-- Petitioner, vs. Case No. CEDS20120000572 -Juan Campbell and Nora Carrillo Respondent(s), STIPULATION/AGREEMENT .COMES NOW, the undersigned, Juan Campbell, on behalf of himself as representative for Respondent and • enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CEDS20120000572 dated the 18th day of November, 2013. ,.In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which f..6:hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious res • of the matters outlined therein the parties hereto '.agree as follows: .-1) The violations noted in the reference # ------rnkR is a I • - a ik urate and I stipulate to their existence. _THEREFORE, it is agreed between the p-rti tat tIe-Respo dent shall; I 1). Pay operational costs in the am• ntr o , ,' A•• _i t f ose.,ution of this case within 30 days of this hearing. I 2) Abate all violations by: Obtf n( • -0 -q* -A • Co.. tng Permit(s) or Demolition Permit, inspections, and Cert� ,�.- of Completion/OcEpan•y it� ays of this hearing or a fine of$200.00 per day will be e sed until the violatr is - to ° ' o uLys _ 3 L 3) Respondent must notify Code o ment within 24 ho I,' c labatement of t iolation and request the Investigator perform a site insp� confirm co gfi (24 hours notice shall be by phone or fax and made during i t theaciolatien'ise e ours prior to a Saturday,Sunday or legal holiday,then the I- notification must be made on the next day that is not a Saturda o.I o l olid =': 4) That if the Respondent fails to abate the violation the County may abate the violation using any method p..i :to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office a :::. to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property .:-owner. el - - ,)( (1 '0() ' T ' •ttedpondent or Fkbpresentative (sign) Jeff Wright, Director `" Code Enforcement Department • 3ka.n C?c:M .(1 f- 2Z-10/S- Respondent or Representative (print) Date - i -...2-.D.-- l c— Date REV 7/8/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20120000572 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CAMPBELL,JUAN NORA CARRILLO,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 21, 2014, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violation by obtaining all required Collier County Building permits or demo permit, inspections, and certificate of completion/occupancy within 90 days(4/22/15)or a fine of$200.00 per day will be imposed until the violation is abated,and pay operational costs of$66.27 in 30 days as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5118 PG 2287 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 04/23/2015. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: abate violation by obtaining all required Collier County Building permits or demo permit, inspections, and certificate of completion/occupancy within 90 days (4/22/15) or a fine of$200.00 per day will be imposed until the violation is abated, and pay operational costs of$66.27 in 30 days FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of April,2015. COLLIER COUNTY,FLORIDA CODE/ ORCE I NT B e ARD Weldon J . Code Enforce t Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 23rd day.f April,2015 by Weldon Walker (Signature of Notary Public) r ru �....,�� MARIA F.RODRIGUEZ . �_� * MY COMMISSION#FF 188982 EXPIRES:January 16,2019 QV (Print/Type/Stamp Commissioned Name of Notary 'u.lic) 0'+r�oFnois Bonded Thru Budget Notary Services Personally known V COLLIER COUNTY CODE ENFORCEMENT BOARD tab 20 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20140005957 Hearing Date: 5/28/15 Board of County Commissioners vs. Yislen De la 0 & Roesmel Rua Violation(s): Collier County Code Land Development Code, Sections 10.02.06 (B)(1)(a), 10.02.06 (B)(1)(e) and 10.02.06 (B)(1)(e)(i). Location: 2883 50th Terrace SW,Naples,FL; Folio 36451600007 Description: Building a rear dock without the proper Collier County permits. Past Order(s): On June 20, 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 5058 PG 2021, for more information. On January 22, 2015 a Continuance was granted. See the attached Order of the Board, OR 5118 PG 2302, for more information The violation has not been abated as of May 28, 2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period between October 19, 2014 to May 28, 2015 (221 days)for a total fine amount of$44,200.00. Fines continue to accrue. Previously assessed operational costs of$126.04 have been paid. Operational Costs for today's hearing: $64.59 Total Amount to date: $44,264.59 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board • BOARD OF COUNTY COMMISSIONERS, Case:CESD20140005957 COLLIER COUNTY, FLORIDA, Plaintiff, vs. • YISLEN DE LA 0 & ROESMEL RUA, Respondent(s) - NOTICE OF HEARING RE:IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Sections 10.02.06.(B)(1) (A), 10.02.06.(B)(1)(E), and 10.02.06.(B)(1)(E)(I). LOCATION OF VIOLATION:2883 50th TER SW, Naples SERVED: YISLEN DE LA 0 & ROESMEL RUA, Respondent Joseph Giannone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT • 2800 North Horseshoe Drive • Naples, Florida 34104 (239)252-5892Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112 (239)774-1800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pars un major entendimiento con as comunicaciones de este events.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 5008178 OR 5058 PG 2021 RECORDED 7/16/2014 4:57 PM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,FLORIDA, Petitioner, CASE NO.: CESD20140005957 vs. YISLEN DE LA 0 AND ROESMEL RUA, - • Respondents / FINDINGS OF FACT,CONCLUSIONS OF LAW AN D-ORDE-R-OE THE BOARD. Imo. UO(j THIS CAUSE came on for public hearin e, oard on Jun 'I OJ,4,and the Board,having heard testimony under oath,received evidey f eard respective to all a•• ••ri to matters,thereupon issues its Findings of Fact,Conclusions of Laa ,an bOrd�er of the Board,as follows; I. That Yislen De La O andfltoe mel Rua are-the-o • ers of a sub'e pro erty. 2. That the Code Enforce nt l a r!h a s sd ti 0)11- •e-'o ` of a espondents and that the Respondents,having been duly t e d or t •e •ublic h . y � � .,,. g � tered into a Stipulation. 3. That the Respondents we `ot Pied of the date of heari'=by c-rti•e)n'ai1 and by posting. 4. That the real property locate .2 : 50th Terrace S.W.,Na• e 'fida,34116,Folio 36451600007, more particularly described as Lot 1,B ., OLDEN GA .7,according to the map or plat thereof,as recorded in Plat Book 5,Page 1 ,of P •I : ='j rr-.s. eollier County,Florida of the Public Records of Collier County,Florida is in violatio • oat idan'-*I 41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(I)(a),10.02.06(B)(l)(e)and 10.02.06(B)(1)(e)(i)in the following particulars: Building a rear dock without the proper Collier County permits. 5. The violation has not been abated as of the date of the public hearing. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law,to the Stipulation attached hereto and incorporated herein,and based on the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: 1. That the Respondents are in violation of Ordinance 04-41,as amended,the Collier County Land Development Code,Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i). 2. That the Respondents must abate all violations by obtaining all required Collier County building - permits or demolition permit,inspections and Certificate of Completion/Occupancy within 120 days(October 18, 2014). or a fine of$200.00 per day will be imposed until the violation is abated. 3. If the Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. If necessary,the County may OR 5058 PG 2022 request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. 4. The Respondents are ordered to pay all operational costs incurred in the prosecution of this case in the amount of$63.44 within 30 days(July 20,2014). 5. Respondents shall notify the Code Enforcement Investigator within 24 hours of abatement or compliance so that a final inspection may be performe. to confirm compliance. DONE AND ORDERED this day of 2014 at Collier County,Florida. ' •RCEMENT BOARD OLLIER C• FL•'.,A `:e Kau-iv it 2801 o o .eshoe Drive "kit ' on.. 34104 STATE OF FLORIDA ) R/r-) 'Cffr )SS: �+ , COUNTY OF COLLIER) JZ The fore o ing instrument was ac wl-.ge- re me i .. .ay of A• /T 2014, Robert Kaufman,Chair f th 'Code Enfor•- n•Board.f Coll' o ty i lorida,who is personally known to me 'r •4 . nc3►• -. s 's L ensetas identification. llltt -- , ` KAREN G BAILEY OT P 1 MY COMMISSIt)N#EE875121 aLt J My commission ex s: J I = �� EXPIRES Februa 14,2017 Fbdd.NOta Se Ace Dan PAYMENT OF FINES: Any fines • 'c a to be paid pursuant tot t'def may . •'r: : . - .linty Code Enforcement Department,2800 n shoe Drive,N le ,.3'4104,fax#(239)252-2343. Any release of lien or confirmation of complian oor • teVisdaction of the obligations of this Order may also be obtained at this location. i� 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 S. a ail to Yislen De La 0 and Roesmel Rua,2883 50th Terrace S.W.,Naples,Florida 34116 this 0 day of . j, 2014. •. . State of Florida.. M.JO Rawson,Esq. County of COELWER1,n,.. Florida Bar No.750311 °" ...... ' • Attorney for the Code Enforcement Board I HEllEB�CERtrTI IAT 1iS is a true and 681 Goodlette Road N.,Ste.210 •comet t Opp df a docuinerit oli file in Naples,Florida 34102 Boat tlinuteSAnd Records of Collier County (239)263-8206 WITF SS tnyi h rid, nd offCial seal this '5lay.of," A �ol�' . • DWIGHT E.BROOK;CLERK OF COURTS, lop • Pr BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No CESD20140005957 De La O. Yislen, and Roesmel Rua, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Roesmel Rua, on behalf of himself and as representative for De La O. Yislen, and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20140005957 dated the 25th day of March, 2014. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 20th. 2014; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$63.44 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respdent fails to abate the violation the County may abate the violation using any method to bring the olati !n into co pliance and may use the assistance of the Collier County Sheriff's Office to enforc he provisions of this a r meet and all costs of abatement shall be assessed to the property owner. // 1 4 Respondent or\ epr�se Native (sign) For Jeff fight, Director \\ r Cod Enforcement De artment \,/,Z/(',5 di C-,I 1 ),I,J76 (D/1 7 1 LI' Respondent or Representative (print) Date I el /t, 1 i / Date „ i 1 i REV 1/2/13 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20140005957 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DE LA 0,YISLEN ROESMEL RUA,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Joseph Giannone, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on June 20, 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/Occupancy within 120 days as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5058 PG 2021 . 2. That the respondent did/did not contact the investigator. 3. That a re-inspection was performed on October 21st 2014. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:The unpermitted Dock is still on site and no building permits were applied for. FURTHER AFFIANT SAYETH NOT. DATED this 3rd day of November 2014. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD )14,77,371,,rt_ce—a-- zJo"...-ph Giannone ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER 0V P� Sworn to(or affirmed)an ubscribed before me this , day of 0 �-� x,`2014 by Joseph Giannone • aR1'a� (Signature of Notary Public) TERESA TO E = MYCOivMISSIONitFF66•27r 4 i EXPIRES:November 7.2017 (Print/Type/Stamp Commissioned Name of Notary Public) Bonded Thru Budget Notary co-,,er Personally known INSTR 5081505 OR 5118 PG 2302 RECORDED 2/6/2015 9:34 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20140005957 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. YISLEN DE LA 0 AND ROESMEL RUA, Respondent. , V ORDER.OI±`t7 I t E ENFO BOARD THIS CAUSE came on for p nblic eearing-before the Code Enfor men Board on January 22,2015,and the Code Enforcement Board,having cpnsideredzR€ deift rICItst. for Con inua ce and being duly advised in the premises,hereupon issues its Findings of on 'on . - .w ?, r o e Code Enforcement Board,as follows: { 't �, t wJ e11+Gr . ' ACT E 4 I. Respondent is charged wi ation of Collier Coun F nd e"1E-4 i pment Code,Section 10.02.06(B)(1)(a), 10.02.06 . e)and 10.02.06(B)(1 ` �n t � '(lowing particulars: Building a dotal )iou&theprorcTCti5 -Sinty Permits. Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The Respondent's Motion for Continuance of this case is GRANTED until May 22,20I5. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period D. Respondent is ordered to pay the operational costs incurred in prosecuting this case in the amount of$62.60 on or before February 21,2015. *** OR 5118 PG 2303 *** DONE AND ORDERED this__,/_.day of �C_ ,2015 at Collier County,Florida. -e DE ENFORC ENT BOA' l COLLIER CO P•• ,FLOC) s• --,.41 ; Robert •'u an,Ch.- AMY 2800 •orth orsesh..e D.ve N-'les,F .rida 34 04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this a day of Fc b 2015 by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is V personally known to me or who has produce. a Florida 1r •- 's License as;rteptifcatiep. ' �:'•' KAREN G BAILEY _AIM..'Nita 1 i.+ `. MY COMMISSION#EE875121 aL •••• 777.1•.•..,... EXPIRES February 14,2017 My commis .�res: �� ;X46-a s FbriEallouryS.. ix com PAYMENT OF FINES: Any fines rde a pai•pursuant to this 'r er 'ay be paid at the Collier County Code Enforcement Department,28 0 N h l I toe Drive, •.p es,FL 3!l 04p Phone:(239)252-2440,Website: www.colliergov.net.Any release liet7o .'.'.), ol._. •i.• - •rcoifirmation of the satisfaction of the obligations of this Order may alsolbe o h e �,th's ac: idn.,j . tr APPEAL: Any aggrieved party $ t• Boar�•�to�t a ft`)iit Court within thirty(30)days of the execution of the Order appeale "°A appeal shall not be a hearing•- no o`irt shall be limited to appellate review of the record created within ginaI hearing. It is the o ib r ,I`the appealing party to obtain a transcribed record of the hearing fro i .'lerk of Courts. Filing Al's& '1 not automatically stay the Board's Order. f- t... C T7� m R-EEII E I HEREBY CERTIFY that a true and corre copy of this 0 ER has been sent by U.S.Mail to Yislen De La O&Roesmel Rua,2883 50'1'Ter SW,Naples,F 3• 6 this 0day If P� ,2015. 1 / �: •awir,ry n-`; ola, ,quire Flori•. Bar No.968900 • -orney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)261-6909 State of FF,..:.:.- County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy.�t �aocurnent� on file in Board Mir,?ins-c^d.Rp�riris•of Collier County Vacl S -'.12'.:h a seal this DWIG IT.E•. OC. CL'ERKbl= OURTS U04_,,!1& COLLIER COUNTY CODE ENFORCEMENT BOARD tab 21 IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20140016851 Hearing Date: 5/28/2015 Board of County Commissioners vs. Peter A. Helff Violation(s): County Land Development Code 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Location: 2080 21st St SW,Naples, FL; Folio 45965080007 Description: Prohibited storage of recreational vehicle on the property not owned by the property owner. Past Order(s): On January 22, 2015 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 5121 PG 1478,for more information. The violation has been abated as of January 26,2015. FINES AND COSTS TO DATE ARE AS FOLLOWS: Previously assessed operational costs of$65.01 have not been paid. Operational Costs for today's hearing: $63.33 Total Amount: $128.34 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20140016851 COLLIER COUNTY, FLORIDA, Plaintiff, vs. _ PETER A. HELFF Respondent(s) • NOTICE OF HEARING RE: IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date; time, and place for the violation below: DATE: 05/28/2015 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Collier County Land Development Code 04-41, Sections 1.04.01 (A) and 2.02.03 LOCATION OF VIOLATION:2080 21st ST SW, Naples SERVED: PETER A. HELFF Respondent Ralph Bose,'Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Anisley SanRoman COLLIER COUNTY CODE ENFORCEMENT • 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE,PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112 (239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en at idioma Ingles.Servicios the traduccion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor • entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 5085267 OR 5121 PG 1478 RECORDED 2/17/2015 2:33 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CELU20140016851 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, - Petitioner, vs. PETER HELFF Respondent. / ORDER OF'C • G'�O�I) I rutiCEn.• ENT BOARD THIS CAUSE came on for publi ng before the Code En c tern t Board on January 22,2015,and the Code Enforcement Board,having he rd t under oath,received - ide a and heard argument respective to all appropriate matters,hereupon is es i Findi -. Fad an. ar•er of th.Coe Enforcement Board,as follows: i C T• i SO `- t \ i 1. Respondent,Peter Helff, s:tlj 1 h .'- ...erly i--i 2. Respondent was notified o ate of hearing by certi i '. mail a . o ling and the Code Enforcement Board has jurisdiction of thi tea r. II 4.� 3. Respondent,having been duly n api g y �Y had his duly aut {zed r resentative,to wit:his son,John Helff appear at the public hearing on his al jE 1-�t i/ 4. The real property located at 2080 2l St.SW,Naples,FL,Folio#45965080007(Legal Description:Golden Gate Est. Unit 195 N. 150 Ft. of the S. 255 Ft. of Tr. 61), is in violation of Collier County Land Development Code 04-41, as Amended, Section 1.04.01 (A) and Section 2.02.03 in the following particulars: Prohibited storage of recreational vehicle on the property not owned by the property owner. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,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 is found guilty of violating Collier County Land Development Code 04-41,as Amended, Section 1.04.01 (A)and Section 2.02.03. B. Respondent must abate the violation by ceasing the storage of any and all recreational vehicles not owned by the property owner and/or disconnect any and all utility hook-ups and cease using recreational vehicle(s) for living,sleeping or housekeeping on or before February 21,2015 or a fine of 550.00 per day will be imposed for each day the violation remains thereafter. *** OR 5121 PG 1479 *** 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 operational costs for the prosecution of this case in the amount of$65.01 on or before February 21,2015. E. Respondent shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. 9 DONE AND ORDERED this -l day of l-'e J ,2015 at Collier County,Florida. C•% ' .' EMENT BOARD OLLIER CO •TY,FLOR s• 4.40194111e0. :4 ' R•.r fman, CAPP STATE OF FLORIDA ) T .�. :ft kE;; r nve .•• es, tika# 4 )SS: u COUNTY OF COLLIER) The foregoing instrument was ack wle•g d before-me-1 i d. of C 20I5;byRobert-Kaufman,Chair ot the .i rc • e 9 o .aier tun ,Florida,who is ✓ personally known to me o ho h s •ro•uc • : ' . de 1 ' Lic- ::as identification. s alij0 a =1 �1.;'►i�. KAREN G BAILEY NOT RY la,1:LI .4 ='s MY COMMISSION#EE6T5121 My commis:,i - p• / ': EXPIRES February 14,2017 457:399. 153 Fbrids�tota Sc;es art PAYMENT OF FINES: Any fines of r a paid pursuant •1#(i : der may b •.1. at the Collier County Code Enforcement Department,2800 Nort ors: .- 1•.. )" www.colliergov.net. Any release of lien or con'fi • ,; ' 34I04,Phone: of the satisfaction n of tte: once or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true anokorrect copy of V's o RDER has be-n sent by U.S.Mail to Peter Helff, 2080 21a St.SW,Naples,FL 34117 this day of ..- 211'. Stale 01 I•10na3 -ma • Lynne Nicola, :7 quire COUntyflf COWS .._. Florida Bar No.968900 Attomey for the Code Enforcement Board f i Y 681 Goodlette Road N.,Ste.210 f HEREBr E t.'I F Y•T H A 1*;,§I 5 a true and ,slr rel Rowoe correctl y r.a.d Naples,Florida 34012 Ult!s arid r f o 8 of( frier County• (239)261-6909 8oafd . ygNES Fiy Ind d r :gal this ii ! day of: r` �,r, s 2M`S 'C O M P COURTS ,►I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20140016851 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HELFF,PETER A,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Ralph Bosa,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on January 22, 2015, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County,Florida in OR Boole Z1 PG 1 g.1i'et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on[January 26th,2015]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by[Removing the the recreational vehicle not owned by the property owner]. FURTHER AFFIANT SAYETH NOT. DATED this [26th] day of[January],2015. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Ralph,i5osa Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this e2(O day of3Pl(ti ) Ll ,2015 by Ralph Bosa (Signature ofN�,ta 41117;b 7c--- �o `t :e$r� KERRY ADAMS MY COMMISSION C ` 1 EXPIRES: 2318 gondef rt,tecttatNotary SENices (Print/Type/Stamp Commissioned Name of Notary Publicf Personally known