Agenda 10/25/2016 Item #16A22 16.A.22
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with a combined accrued value
of $18,128.16 for payment of $4,000 in the code enforcement action entitled Board of County
Commissioners v. Black River Rock, Code Enforcement Board Case No. CESD20140018277,
relating to property located at 6665 Collier Boulevard,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a code
enforcement lien with an accrued value of $18,128.16 for payment of $4,000 in relation to the Code
Enforcement Board Case No. CESD20140018277.
CONSIDERATIONS: As a result of code violations at 6665 Collier Boulevard, consisting of an
undeveloped parcel of 1.3 acres which has been cleared of vegetation without required building or other
permit and the placement of 54 loads of fill dirt/rock on site without any building permit or other
authorization. The Code Enforcement Board ordered the imposition of a lien against Black River Rock,
LLC, in Case No. CESD20140018277. The lien was recorded in the Official Records on February 6,
2015, or O.R. Book 5118, Page 2233. The lien amount of$18,128.16 is based on a total of 72 days of
accrued fines (at $250 per day from November 23, 2014 through February 2, 2015) plus $128.16 in
operational costs. The property was brought into compliance on February 2, 2015.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full payment
of the full lien amount would impose a severe financial hardship on the property owner. Fines accrued by
an existing owner would be considered for a waiver as long as the existing owner has diligently pursued
abatement and compliance has been achieved. The lot was originally cleared in the early 1990's under an
approved Site Development Plan. The property was not maintained in accordance with the Site
Development Plan and as a result a substantial amount of exotic vegetation grew on the property. Black
River Rock bought the property and prepared to remove the exotic vegetation. When they became aware
of the code violations,they hired an Engineering firm to prepare an application for insubstantial change to
the Site Development Plan. It took extensive amounts of time and money with extended follow up, after
the fact, permit fees, inspections, and re-inspections to come into compliance. There are currently no
known violations.
The property is being actively maintained and the owner has paid $4,000 in settlement of fines. The
owner is requesting a waiver of$14,128.16 in accrued fines,see attached hardship letter as required.
FISCAL IMPACT: Payment of$4,000 has been made, representing $3,871.84 in fines and $128.16 in
operational costs. If approved by the Board,accrued fines in the amount of$14,128.16 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it
as to form and legality. Majority support is required for approval. This item conforms to the Board's
policy contained in Resolution 2012-46. -KN
RECOMMENDATION: To waive the fines in the amount of$14,128.16, accept payment in the amount
of$4,000,release the lien, and authorize the Chairman to sign the attached release and satisfaction of lien
for recording in the Official Public Records.
Prepared by: Michael Ossorio,Code Enforcement Division Director,Growth Management Department
Packet Pg. 815
I6.A.22
10/25/2016
ATTACHMENT(S)
1.Release and Satisfaction-KN signed(2) (PDF)
2. Lien Order (PDF)
3. Hardship Letter(PDF)
Packet Pg.816
16.A.22
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.22
Item Summary: Recommendation to approve the release of a code enforcement lien with a
combined accrued value of $18,128.16 for payment of $4,000 in the code enforcement action entitled
Board of County Commissioners v. Black River Rock, Code Enforcement Board Case No.
CESD20140018277,relating to property located at 6665 Collier Boulevard, Collier County,Florida.
Meeting Date: 10/25/2016
Prepared by:
Title: Administrative Assistant—Code Enforcement
Name: Nancy CardinaleLower
09/21/2016 1:24 PM
Submitted by:
Title: Division Director-Code Enforcement—Code Enforcement
Name: Michael Ossorio
09/21/2016 1:24 PM
Approved By:
Review:
Code Enforcement Marlene Serrano Level 1 Sim.Reviewer 1-8 Completed 09/21/2016 2:45 PM
Code Enforcement Michael Ossorio Level 1 Sim.Reviewer 1-8 Completed 09/22/2016 12:12 PM
Growth Management Department Judy Puig Level 1 Division Reviewer Completed 09/27/2016 3:32 PM
County Attorney's Office Kevin Noell Level 2 Attorney Review Completed 09/27/2016 3:39 PM
Growth Management Department Jeanne Marcella Level 2 Division Administrator Completed 09/28/2016 3:51 PM
Growth Management Department James French Level 2 Add Division Reviewer Completed 09/29/2016 2:07 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 09/29/2016 4:46 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/30/2016 8:56 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/03/2016 1:28 PM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 10/14/2016 1:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 817
16.A.22.a
This Instrument Prepared By:
Marlene Serrano
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
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RELEASE AND SATISFACTION OF LIEN 6
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KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and cc
personal property owned by: Y
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Black River Rock, LLC,
Respondent >
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The lien was recorded on February 6, 2015, in Official Records Book 5118, Page 2233, in the o
Official Records of Collier County, State of Florida. The lien secures the principal sum of m
Eighteen thousand one hundred twenty eight dollars and sixteen cents ($18,128.16), plus c,;
accrued interest and penalties, if any, and imposes certain obligations against real property N
situated in Collier County, Florida.
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Collier County, a political subdivision of the State of Florida, by execution of this Release and c
Satisfaction of Lien, acknowledges payment as approved by the Board of County a)
Commissioners as satisfaction of the lien and hereby cancels and releases said lien. z
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien c
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist. °
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ATTEST BOARD OF COUNTY COMMISSIONERS r
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA in
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By: By: n
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Deputy Clerk Donna Fiala, Chairman
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Date: Date: c
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Approved as to form and legality c
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Kevin NoeII
Assistant County Attorney
Packet Pg. 818
INSTR 5081482 OR 5118 PG 2233 RECORDED 2/6/2015 9:19 AM PAGES 3 16.A.22.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $27.00
COLLIER COUNTY CODE ENFORCEMENT BOARD
Case No.—CESD20140018277 _
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
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BLACK RIVER ROCK,LLC, o
Respondent. us
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ORDER OFF ii�i ,E C NT BOARD
�,:(�11 1a.(3SINGFINESA p4, 0
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THIS CAUSE came before/the C d -Enferse anent Board upon t'Peii�ioner's Motion for Imposition L
43,
Fines/Liens on January 22,2015,attd theodk-E rcement gr having'heardkargument respective to all
appropriate matters,hereupon issut s its�fii a Orde�da4nfot'cement Board,as follows: iX
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1. On October 23,2014,Res print was found guilty o olat o�of C County Land Development Code N
04-41,as amended,Section 02.0(B)(1)(E)and 3.05.0 )fiir h lan undeveloped parcel of 1.3 acres c
that had been cleared of veg tippwithout required build �r 0ri1 rr ermit;54 loads of fill dirt/rock have �r
been graded and/or placed on tdiwlthout any building perms 6t dr authorization,which violation(s)
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occurred on the property located'*f L+�O,,SITE ADDRESS, ,,a 1 fL,Folio#726724107(Legal
Description:3 51 26 COMM AT"E `lu�=T, 'l(tiL'hG4✓248.62 FT,NO2 DEG,E 271.35 FT., Q
NO2 DEG E 35.84 FT,S 54 DEG E 23b:4 ]c :71OFT ALG ARC OF CURVE TO PT OF c
REVERSE CURVE,ELY 38.64 FT,SO4 DEG W 154.42 FT TO POB,LESS THAT PORTION DESC IN a)
ORDER OF TAKING"103FEE"OR 4891,PG 3845 FOR COLLIER BLVD.R/W) J
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2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or a)
before November 22,2014 or a fine of S250.00 per day would be assessed for each day the violations _c
continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5092,PG 3954- v
3955).
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3. Operational costs of$65..85 incurred by the County in the prosecution of this case were ordered to be paid.
4. Respondent,having been duly noticed for the public hearing regarding the County's Motion,did not appear
at the public hearing,and no legal defense to the Motion was presented.
5. No Request for Re-hearing or Appeal pursuant to Ordinance 2007-44,as amended,has been timely filed.
6. The violation has not been abated as of the date of the hearing.
Packet Pg. 819
OR 5118 PG 2234
16.A.22.b
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. Petitioner's Motion for Imposition of Fines/Liens is granted.
B. Daily fines of$250.00 per day are assessed against the Respondents for 61 days for the period from
November 23,2014 to January 22,2015 for a total amount of fines of S15,250.00.
C. Respondent shall pay the previously assessed operational costs in the amount of$65.85.
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D. Respondent shall pay operational costs for the Imposition of Fines hearing in the amount of$62.31. a:
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E. Respondent is ordered to pay fines and costs in the total amount of S15,378.16 or be subject to Notice of aa,
Assessment of Lien against all properties owned by Respondent in Collier County,Florida. N
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F. The daily fine of$250.00 shall continu�to a ement has been confirmed by a Collier County CC
Code Enforcement Investigator, , —0.1...,11,-__ yLi;::,.
DONE AND ORDERED this ( i day of t-Cib ,2 .1 'a'tZSollier County,Florida. e
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STATE OF FLORIDA \ 800 .•rth 't+ri
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COUNTY OF COLLIER),; Nap s? }o r•• 3 o
The foregoing instrument was acknowledge. •`: : me this m
2015, Robert Kaufman,Chair of the Co. of 'ell
_ -B til gHier County,Florida,who is
tr personally known to me or who .s�p�ac_ ? Eforrda Driver's Licens as identification.
•t r KAREN G BAILEY °'
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MY COMMISSION ir EE875121 J
NO ARY PUBLIC
'¢:';,;;' EXP{RE5 February 14,2017 m
My commission expires: E
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PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County co
Code Enforcement Department,2800 North Horseshoe Drive,Naples,FL 34104,Phone:(239)252-2440,Website: Q
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. State of FIcrida
County of COLLIER
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t �I HEREBY CERT. THAT•hi5's7a true.and
correct copy avoc40�f:2f7ei9.; ,
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Board t,1inute42 R c.dsof Ce!ie':County
WOSS( 7SS mL -r-'Gn3 v:I cial Sal ih;S .'
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DWIGHT E BROCK;CLERrC OF OURTS
Packet Pg. 820
*** OR 5118 PG 2235 *** 16.A.22.b
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this 9 RDERhp-been sent by U.S.Mail to Black River Rock,
LLC,3732 W. 16th St.,Ft.Lauderdale,FL 333 thi; ,,,, day of _ 2015.
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a Line Nicola,Esquire
Florida Bar No.968900
Attorney for the Code Enforcement Board _
681 Goodtette Road N.,Ste.210 =
Naples,Florida 34012 N
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(239)261-6909
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INSTR 5050073 OR 5092 PG 3954 RECORDED 11/10/2014 8:04 AM PAGES 2 16.A.22.b
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REC $18.50
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. —CESD20140018277
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA,
Petitioner,
vs.
BLACK RIVER ROCK,LLC,
Respondent. °)
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ORDER OF THE CODE ENFORCEMENT BOARD
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THIS CAUSE came on for public hear' #`+- t ME„nforcement Board on October 23,2014,and the
Code Enforcement Board,having heard to did :_ r 1r r.�'r siltv:*"ckevidence and heard argument respective to
all appropriate matters,hereupon issuesirfgs of Fact and—Orele'reite,Code Enforcement Board,as follows:
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I. Respondent,Black River/Roc s Pey• o:
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2. Respondent was notified of t d too eanttg tly fie, ied il(and;post+ng and the Code Enforcement Ce
Board has jurisdiction oftis t / ti� ,� �� _. ; Cfl
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3. Respondent,having been da tified,did not appear. tae pitbljc L ing.
4. The real property located at 4SE,ADDRESS,Naples,EL' �t;o#726724107(Legal Description:3 51
26 COMM AT NE CNR TR NR-vat-,BEG_ W 24 , 1,J ?DEG E 271.35 FT.,NO2 DEG E 35.84
FT,S 54 DEG E 236.49 FT,ELY''23.24L F‘$,,5 O. RVE TO PT OF REVERSE CURVE,ELY
38.64 FT, SO4 DEG W 154.42 FT TO i -TRAT PORTION DESC IN ORDER OF TAKING
"103FEE" OR 4891, PG 3845 FOR COLLIER BLVD. R/W), is in violation of Collier County Land aa)
Development Code 04-41, as amended, Section 10.02.06(B)(1)(E) and 3.05.01(B) in the following —t
particulars:
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An undeveloped parcel of 1.3 acres has been cleared of vegetation without required building or other permit;
54 loads of fill dirt/rock have been graded and/or placed on site without any building permit or other cava
authorization.
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)(I)(E)and 3.05.01(B).
B. Respondent must abate the violation by applying for,and obtaining,all required Building Permits,Clearing
Permits and/or Vegetation Removal Permits for the removal of native and non-native vegetation from the
site OR removing all grading and fill materials from the site and restoring the parcel to a permitted state,
including restoring all vegetation via a Mitigation Plan,submitted and approved per Collier County
Ordinances on or before November 22,2014 or a tine of 5250.00 per day will be imposed for each day the
violation remains thereafter.
. Packet Pg. 822
*** OR 5092 PG 3955 *" 16.A.22.b
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$65.85 on
or before November 22,2014.
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.
DONE AND ORDERED this .96i day of Oa-riper ,2014 at Collier County,Florida.
COD '.' MENT BOARD =
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'•LLIER COU Y,FLORID'
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BY: I►: r'aiI� coN
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STATE OF FLORIDA ) r17)
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COUNTY OF COLLIER) 4,..:j' 1 0
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The foregoing instrument was ac wledged a me is day of * ti' >_
201;by Robert Kaufman,Chair thejC f. it.. ow.. a .sll' oud y,Florida,who is
I personally known to me o [ t('h. '. . .•ut! l to i..; r a 's Li ense as identification. '�
,'1 , 1 f►.f r» � t "r; KAREN G BAILEY m
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� Je�^ `� -4'''• ''' MY COMMISSION tt EE875121 ,
�` \ Nr, AR4!rP IC `' ...s...,::,;,..:25 EXPIRES February 14,2017
My comm fxp `% OM1,=
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PAYMENT OF FINES: Any fines a to be paid pursuant tq isf},er may be paid at the Collier County L
Code Enforcement Department,2800 Nd�rseshoe Driver, es,`F /34104,Phone:(239)252-2440,Website:
19
www.colliergov.net. Any release of lien oi`cgnl rtrlapp'o tli@r4tplllerce or confirmation of the satisfaction of the 0
obligations of this Order may also be obtained at this-lb •-- c
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APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of 'i
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate c
review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a Eo
transcribed record of the hearing from the CIerk of Courts. Filing an Appeal will not automatically stay the Board's t
Order.
CERTIFICATE OF SERVICE
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[HEREBY CERTIFY that a true and correct copy of 4 RDER has bee sent by U. S.Mail to Black River
Rock,LLC,3732 W. 16th ST,FT Lauderdale,FL 33311 t is .-y,;' day of tai! 2014.
(14 J .`.
Ta .Wynne Nicola,E-111! ire
Stale o1 Florida . . Florida Bar No.968900
County of COLLI :'+:Jtir•5.,' Attorney for the Code Enforcement Board
681 Goodlette Road N.,Ste.210
I HEREBYCt�r,TIFeTfrikri='Ibis is,a true and Naples,Florida 34012
correct copy of ard,t`ument on file in (239)261-6909
Board filfreei and Records of Corer County
t+',1 DESS fly'barid.a•t official seal th
dayD!U .ri SQL
DWIGHT E.BROOK,C6ERK OF COURTS
3 ./ ' D.C.
Packet Pg. 823
1 6.A.22.c
Black River Rock, LLC
4372 Bitten Court
Naples, FL 34119
September 2,2016
Sear via E-Mail(MarteneSerrauo(aLatliemor.wt'f)
Marlene Serrano,fv1.S.B.M
Manager.Code Enforcement Operations
Collier County
Growth Management Department
2800 N. Horseshoe Drive
Naples. FL 34104
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Owner: Black River Rock,LLC —�
Re: Eagle Creek Lot
Section 3,Township 51 S,Range 26 E,Collier County,Florida
Dear Ms.Serrano, cc
Please accept this letter as a request for the county to reduce the fine attached to the above referenced
property. It is my understanding that the county has assessed the fine at approximately eighteen thousand
($18,000.00)dollars against this property. This fine will cause a substantial financial hardship for me.
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It is my understanding that the lot was originally cleared in the early 1990's under an approved Site Y
Development Plan.The property was not maintained in accordance with the Site Development Plan and as a
result a substantial amount of unwanted vegetation existed on the property.
N
My company bought the property and prepared to remove the exotics to make the property
marketable.My contractor moved ahead with exotic removal by mechanical means without a new clearing
permit.
Once I was made aware of the above referenced code violations,we attempted to remedy the situation -J
with the assistance of Davidson Engineering.Davidson Engineering then prepared a Site Development Plan
Insubstantial Change to Site Development Plan 91-34C. I diligently pursued abatement and compliance was .�
achieved,but the process that is required to take care of this violation is quite cumbersome and requires several e
layers of approvals and inspections.Please be advised that I have paid the sum of approximately$10.000 for
the services rendered by Davidson Engineering,in addition to Collier County permit and inspections fees.
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[hereby request that the county reduce the fines of$18,000 and accept a settlement offer of four -�
thousand ($4,000.00)dollars for code violations. Please indicate whether it will be necessary to attend a
hearing with regard to this matter. Q
Very truly y us,
•
Ken Baldridge
Manager of Black River Rock, LLC
Packet Pg. 824