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CEB Backup 10/28/2016 CEB MEETING BACKUP DOCUMENTS OCTOBER 28, 2016 CODE ENFORCEMENT BOARD OF COLLIER COUNTY,FLORIDA AGENDA Date: October 28,2016 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 Ronald Doino, James Lavinski,Vice Chair Tony Marino Gerald Lefebvre Robert Ashton, Lionel L'Esperance Sue Curley,Alternate Kathleen Elrod,Alternate 3. APPROVAL OF AGENDA 4. APPROVAL OF MINUTES A. September 22,2016 Hearing 5. PUBLIC HEARINGS/MOTIONS A.Motions Motion for Continuance 1 li Motion for Extension of Time B. Stipulations C. Hearings 1. CASE NO: CESD20160002961 OWNER: KINGDOM STONE INC OFFICER: INVESTIGATOR SHERRY PATTERSON VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06 (B)(1)(a).PERMIT NO.2002011819 FOR A POLE BARN THAT NEVER RECEIVED ALL INSPECTIONS AND CERTIFICATE OF OCCUPANCY. FOLIO NO: 37345040002 VIOLATION ADDRESS: 1121 27T"ST SW,NAPLES 2. CASE NO: CESD20150017331 OWNER: FRANCISCO R BLANCO AND DIANA BLANCO OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 10.02.06(B)(IXa)AND 10.02.06(B)(1Xe)(i).UNPERMITTED STRUCTURES AND ALTERATIONS ON THE PROPERTY. FOLIO NO: 40933560004 VIOLATION ADDRESS: 3241 2ND AVE SE,NAPLES 3. CASE NO: CEVR20150002646 OWNER: KI-LI ASSOCIATES LLC OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 3.05.01(B). VEGETATION REMOVED,DISTURBED AND DAMAGED BEYOND THE SCOPE OF VEGETATION REMOVAL PERMIT PL20140002407. FOLIO NO: 394200008 AND 394160009 VIOLATION ADDRESS: 4001 TAMIAMI TRAIL EAST,NAPLES 2 4. CASE NO: CESD20160009711 OWNER: ARTUR MUSZYNSKI OFFICER: INVESTIGATOR ERIC SHORT VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTIONS 1.04.01(A),2.02.03, 10.02.06(B)(1)(e)(i)AND 10.02.06(B)(1)(a).UNPERMITTED ELECTRICAL, PLUMBING,MECHANICAL,AND STRUCTURAL ALTERATIONS TO SUPPORT MULTI- FAMILY USE. FOLIO NO: 70921440009 VIOLATION ADDRESS: 1172 PARKWAY DR,NAPLES D. Motion for Reduction of Fines/Lien. 1. CASE NO: CESD20150017917 OWNER: RAFFAELE FABRIZIO AND JANICE FABRIZIO OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 10.02.06(B)(IXA). POOL PERMIT PRBD20140514906 EXPIRED LEAVING POOL WITH NO PERMANENT SAFETY BARRIER CREATING A HEALTH AND SAFETY HAZARD. FOLIO NO: 69770005842 VIOLATION ADDRESS: 3158 SAGINAW BAY DRIVE,NAPLES 6. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. CASE NO: CESD20150017447 OWNER: DANIEL HERRERA AND GLENDA GONZALEZ OFFICER: INVESTIGATOR JOSEPH MUCHA VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A)AND(E).INTERIOR IMPROVEMENTS ON A WOODEN STRUCTURE CONSISTING OF ELECTRIC,DRYWALL, INSULATION,FRAMING,TRUSSES,PLUMBING,ALL CONSTRUCTED WITHOUT FIRST OBTAINING THE AUTHORIZATION OF THE REQUIRED PERMITS,INSPECTIONS AND CERTIFICATES OF OCCUPANCY AS REQUIRED BY THE COLLIER COUNTY BUILDING. FOLIO NO: 30733560007 VIOLATION ADDRESS: 1316 ORANGE ST,IMMOKALEE 2. CASE NO: CELU20150022253 OWNER: LA SORIANA INC. OFFICER: INVESTIGATOR STEVEN LOPEZ-SILVERO VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 2.02.03. USING VACANT LOT AS OVERFLOW PARKING WITHOUT AN APPROVED SDPA. PL20140001643 IS IN REJECTION STATUS,NOT YET APPROVED BY COLLIER COUNTY TO USE AS ADDITIONAL PARKING LOT. FOLIO NO: 25631080005 VIOLATION ADDRESS: NO SITE ADDRESS,IMMOKALEE 3 3. CASE NO: CESD20150003265 OWNER: WILLIAM T.CABAL OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(I)(A).UNPERMITTED STRUCTURES AND EXTERIOR LIGHTING IN THE REAR YARD. FOLIO NO: 38166040002 VIOLATION ADDRESS: 5941 COPPER LEAF LN,NAPLES 4. CASE NO: CEROW20150023030 OWNER: PATRICK J. BROWNE AND BEATRIZ Z.PEREZ OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A).THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS,IT HAS COLLAPSED OR RUSTED THROUGH.ORDINANCE 2003-37 REQUIRES THAT NECESSARY REPAIRS ARE THE RESPONSIBILITY OF THE PROPERTY OWNER. FOLIO NO: 164960002 VIOLATION ADDRESS: 203 WILLOUGHBY DRIVE,NAPLES 5. CASE NO: CESD20150011320 OWNER: KELLY BAKER OFFICER: INVESTIGATOR JOE GIANNONE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(1)(A).A SINGLE WIDE MOBILE HOME AND UTILITY SHED STAGED ON IMPROVED UNOCCUPIED RESIDENTIAL PROPERTY WITHOUT FIRST OBTAINING THE REQUIRED PERMITS,INSPECTIONS,AND CERTIFICATE OF OCCUPANCY/COMPLETION. FOLIO NO: 01132480005 VIOLATION ADDRESS: 259 GLADYS CT,COPELAND 6. CASE NO: CEROW20150023031 OWNER: VERONICA TRESSLER,BARBARA DETHLOFF,AND ELIZABETH LUCKY OFFICER: INVESTIGATOR PATRICK BALDWIN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN RIGHT OF WAY,DIVISION 1 GENERALLY, SECTION 110-31(A).THE CULVERT/DRAINAGE PIPE HAS FAILED,THAT IS,IT HAS COLLAPSED OR RUSTED THROUGH.ORDINANCE 2003-37 REQUIRES THAT NECESSARY REPAIRS ARE THE RESPONSIBILITY OF THE PROPERTY OWNER. FOLIO NO: 161080008 VIOLATION ADDRESS: 231 WILLOUGHBY DRIVE,NAPLES 4 7. CASE NO: CESD20150024052 OWNER: K&R HOMETECH LLC OFFICER: INVESTIGATOR VIRGINIE GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06(B)(IXA).INTERIOR ALTERATIONS CONSISTING OF BUT NOT LIMITED TO;THE REMOVAL OF INTERIOR WALLS,PLUMBING,AND ELECTRICAL WORK ALL DONE PRIOR TO OBTAINING COLLIER COUNTY BUILDING PERMITS FOLIO NO: 63100120005 VIOLATION ADDRESS: 4810 AZTEC CIR,NAPLES 8. CASE NO: CESD20150017917 OWNER: RAFFAELE FABRIZIO AND JANICE FABRIZIO OFFICER: INVESTIGATOR VICKI GIGUERE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE,ORDINANCE 04-41,AS AMENDED, SECTION 10.02.06(B)(1)(A).POOL PERMIT PRBD20140514906 EXPIRED LEAVING POOL WITH NO PERMANENT SAFETY BARRIER CREATING A HEALTH AND SAFETY HAZARD. FOLIO NO: 69770005842 VIOLATION ADDRESS: 3158 SAGINAW BAY DRIVE,NAPLES 9. CASE NO: CESD20150015459 OWNER: FRANCES POOLE OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A).A REAR DECK INSTALLATION AND LANAI CONVERSION/ENCLOSURE AND WINDOW INSTALLATION WITHOUT REQUIRED COLLIER COUNTY PERMITS, INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 24982560000 VIOLATION ADDRESS: 1865 HARBOR LN,NAPLES 10. CASE NO: CESD20150014619 OWNER: PETER WESSEL TRUSTEE,OF THE PETER WESSEL IRREV TRUST UTD 2/14/06 OFFICER: INVESTIGATOR JEFF LETOURNEAU VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41 AS AMENDED,SECTION 10.02.06 (B)(1)(A)AND 10.02.06(B)(1)(E)(I).A SHED TYPE STRUCTURE LOCATED IN THE REAR YARD OF THE PROPERTY WITH NO PERMITS ON FILE. FOLIO NO: 49582200004 VIOLATION ADDRESS: 6 DERHENSON DR,NAPLES 11. CASE NO: CEROW20150019121 OWNER: O'CONNELL J.BENJAMIN AND DAUGHN M.BENJAMIN OFFICER: INVESTIGATOR JONATHAN MUSSE VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES,CHAPTER 110 ROADS AND BRIDGES,ARTICLE II CONSTRUCTION IN PUBLIC RIGHT OF WAY,DIVISION 1, GENERALLY,SECTION 110-30.DAMAGED DRIVEWAY APRON AND CULVERT PIPE. FOLIO NO: 67184720003 VIOLATION ADDRESS: 86 RIDGE DR,NAPLES 5 12. CASE NO: CESD20150015096 OWNER: UV CITE LLC OFFICER: INVESTIGATOR ARTHUR FORD VIOLATIONS: BUILDING AND LAND ALTERATION PERMITS,COLLIER COUNTY LAND DEVELOPMENT CODE 04-41,AS AMENDED,SECTION 10.02.06(B)(1)(A).AIR CONDITIONING CHANGE OUT WITHOUT REQUIRED COLLIER COUNTY PERMITS, INSPECTIONS AND CERTIFICATE OF COMPLETION/OCCUPANCY. FOLIO NO: 66262021764 VIOLATION ADDRESS: 81 BURNT PINE DRIVE,NAPLES 13.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 B. Motion to Rescind Previously Issued Order C. Motion to Amend Previously Issued Order 7. NEW BUSINESS 8. CONSENT AGENDA A. Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. NONE 9. REPORTS 10. COMMENTS 11. NEXT MEETING DATE- Friday November 18,2016 12. ADJOURN 6 CODE ENFORCEMENT BOARD HEARING SCHEDULE 2017 FRIDAY, January 27, 2017 BCC Boardroom February 23, 2017 BCC Boardroom March 23, 2017 BCC Boardroom FRIDAY, April 28, 2017 BCC Boardroom May 25, 2017 BCC Boardroom June 22, 2017 BCC Boardroom July 27, 2017 BCC Boardroom FRIDAY, August 25, 2017 BCC Boardroom September 28, 2017 BCC Boardroom FRIDAY, October 27, 2017 BCC Boardroom FRIDAY, November 17, 2017 BCC Boardroom DECEMBER-NO HEARING w/D TAg CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20160002961 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KINGDOM STONE 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1121 27th ST SW, Naples SERVED: KINGDOM STONE 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. Danny Blanco 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 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.CESD20160002961 Kingdom Stone 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 04-41,as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation:Permit#2002011819 for a pole barn that never received all inspections and certificate of occupancy. 3. Location/address where violation exists: 1121 27th St SW,Naples FL 34117,Folio#37345040002 4. Name and address of owner/person in charge of violation location: Kingdom Stone Inc.,2037 J& C Blvd,Naples FL 34109 5. Date violation first observed:March 10th,2016 6. Date owner/person in charge given Notice of Violation:May 25th,2016 7. Date on/by which violation to be corrected:June 23r1,2016 8. Date of re-inspection: July 1st,2016 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 10th day of October,2016 Jos- Mucha Co.' Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER f Sworn to(or affirmed)and subscribed before this 1/ day of tb--0 b€.i/,20 /4by J O> f' 1 LA G,!"1�h 7 (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or identification Type of identification produced p.ee%. MARIA F.RODRpUEZ * _�� * MY COMMISSION#FF 188982 igir EXPIRES:January 16,2019 %FOF F`00`7. Bonded Thru Budget Notary Services • rTh Case Number:CESD20160002961 Date:May 19,2016 Investigator:Sherry Patterson Phone:2392522314 COLLIER COUNTY CODE ENFORCEMENT • NOTICE OF VIOLATION Owner: KINGDOM STONE INC 2037 J&C BLVD NAPLES , FL 34109- Registered Agent: ALMENDARES,JOSUE 2037 J & C BLVD NAPLES, FL 34109 ( Location: 1121 27th ST SW Unincorporated Collier County Zoning Dist: E Folio:37345040002 Property Legal Description:GOLDEN GATE EST UNIT 15 N 165FT OF TR 74 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 O_ccupancy 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: Permit#2002011819 for a pole barn that never received all inspections and a certificate of -occupancy. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements:AND/OR Must remove said structure/improvements, including materials from property and restore to a permitted state. AND/OR Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: 06/23/2016 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".1 SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 • L Invest.-- or :ig ature Phone:239 252-2440 FAX:239 252-2343 Sher -atterson ,� - . Case Number:CESD20160002961 Si.ry - ..d Title of Recipient • X1/I1.1 4t/m0vD/I R es. PririfecfcIame 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. • • { /°1N /..'"N • 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 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 > "..N 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 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 pemmit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection,moving,addition to,or alteration of any building,structure,or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation,or variances as provided by this Code,or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official,be accompanied by all required plans and drawings drawn to scale,showing the actual shape and dimensions of the lot to be built upon;the sizes and locations on the lot of buildings already existing,if any;the size and location on the lot of the building or buildings to be erected.altered or allowed to exist;the existing use of each building or buildings or parts thereof;the number of families the building is designed to accommodate;the location and number of required off- t.1 street parking and off-street loading spaces;approximate location of trees protected by county regulations; changes in grade,including details of berms;andi 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 • • ""'1 application fol•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. 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 93-5.0055,F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work,removal of protected r*-'\ 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. 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 certificates)of occupancy must be obtained within 60 days after the issuance of after the fact pennit(s). INSTR 5140509 OR 5167 PG 2609 RECORDED 6/24/2015 4:47 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70$1,995.00 REC $18.50 CONS $285,000.00 • • Prepared by and Return to: Marie Mond6-Amey Omega Land Title,LLC 1575 Pine Ridge Road,Suite#11 Naples,Florida 34109 Consideration:285,000.Ofl File Number. 15-0558M For official use by Clerk's office only STATE OF UTAH f/ ) SPEC' • WARRANTY DEED COUNTY OF SALT LAKE J ) y« (Corporate Seller) THIS INDENTURE,made this J 3' day of Jtme, 01151 be an ,hof IlYew ork Mellon,Uk/a The Bank of New York,as Trustee,on behalf of the hold ,of e Alt tiv�e T ft t 200 : C ,ll;iortgage Pass-Through Certificates,Series 2007-5CB,a national banking assoda t.o • • ed and e s In u q�the fisited States of America,whose mailing address is:3815 Southwest Temple Stree i t ake City,Utah 841144rltpartyi oftliS, L part,and Kingdom Stone,Inc.,A Florida Profit Corporation,whose mailin r ks is:2037 J&C BLVD;' ESr 34109,party of the second part, -x First party,for and in consideration of the sum of($285,000.00) and other valuable considerations,receipt whereof is hereby acknowledged,does hereby grant,bargain,sell,aliens,remises,releases,conveys and confirms unto second party/parties,his/her/their heirs and assigns,the following described property,to wit in the County of COLLIER,State of Florida: The North 165 feet of Tract 74,Golden Gate Estates Unit No.15,according to the map or plat thereof,as recorded in Plat Book 7,Page(s)75 through 76,of the Public Records of Collier County,Florida. Parcel ID: 37345040002 Subject,however,to all covenants,conditions,restrictions,reservations,limitations,casements and to all applicable zoning ordinances and/or restrictions and prohibitions imposed by governmental authorities,if any. TOGETHER with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the party of the first part hereby covenants with said party of the second part,that it is lawfully seized of said land in fee simple:that it has good right and lawful authority to sell and convey said land;that it hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons claiming by,through or under the party of the first part DEED-Special Warranty Decd-Corporate *** OR 5167 PG 2610 *** • IN W1TNFSS WHEREOF,first party has signed and sealed these present the date set forth above. Signed,scaled and delivered in the presence ofi Bank of New York .:ou,f/k/a The Bank of New York, as Trustee,on behalf,.,ES .•, ders of the Alternative Loan Trost 2007-5CB, M2�..:fr' /Pass-Through Certificates, Series 2007-5CB j' I 113"i(5". By / / n J� / ♦ J ' i.• signature Print t'. P•' ` K PITT , 1 1 . t 1 • 1 IFFICER Tracee Vanderlinden, REO Closer Doc. trot Officer-Select Portfolio Servicing,Inc. y-in-Fact Print witness name _ o,S rV'�Temple Street,Salt Lake City,UT 84114 /; • / Keiti.„))/.5— ---'' 2)-N , (///1-A— N\T" \\ Lana McCowen / /f`i 1 __ __ ut,,,`'�e (Co Print witness name (( ^r � � lot/ [] :tett ( ir)- (-111\3\7\\ 1141 Q •. .., I ,I [ I two it 1989 :o i State of UtahV. ! '/ . County of Salt Lake ,��..�•� iiiio 7 F REGOIN 47- Icdged before me • f r ^r++r�'",r,sma�• PATRICK PITTMAN, UDC.CUiI U r day �;� -��Ra6ro1._Q.�ceF��P�` olio Servirir�,lnc.,as Attorney-in-Fact for Bank ofNcw York Mellon,Okla The Bank of New Y dst�o T aff o'the holders of the Alternative Loan Trust 2007-5CB, Mortgage Pass-Through ougfi Certificates,Series 2007-5CB,tvFlO per3arten allyowa to me or who has produced valid dries license as identification. Notary P •c ,a•,., JULEE METTERS, Ja lee A'le-f' S ,y Notary Public State of Utah Print Notary Name ? {,igt,, $ My Commission Expires on: • April 15,2016 My Commission Expires: V•/65 -/‘ Comm.Number: 654489 Notary Seal DEED-Special Warranty Iced-Corporate TA 11 a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150017331 COLLIER COUNTY, FLORIDA, Plaintiff, vs FRANCISCO R BLANCO AND DIANA BLANCO, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) and 10.02.06(B)(1)(a) LOCATION OF VIOLATION:3241 2nd AVE SE, Naples SERVED: FRANCISCO R BLANCO AND DIANA BLANCO, Respondent Eric Short, 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. Danny Blanco 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 las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin mown 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: CESD20150017331 Francisco R.Blanco and Diana Blanco,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, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i) 2. Description of Violation:Unpermitted structures and alterations on the property. 3. Location/address where violation exists: 3241 2nd AVE SE Naples,FL 34117 Folio:40933560004 4. Name and address of owner/person in charge of violation location: Francisco R. Blanco and Diana Blanco 3241 2nd AVE SE Naples,FL 34117 5. Date violation first observed: September 01,2015 /� 6. Date owner/person in charge given Notice of Violation: September 01,2015 7. Date on/by which violation to be corrected: October 01,2015 8. Date of re-inspection: September 26,2016 9. Results of Re-inspection: Violations remain. - STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 26th day of September, 2016 (A—A" , W.Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Y21 4.0::%?u4(1c ROSALIND PASTRANA • S orn to(or a rmed)and subscribed before this, kday of< ,2016 by *MY COMMISSION#FF 963096 T N9r t10 ce EXPIRES:February 21,2020 r/& FOF Flip Banded ThN Budget Notary Services ignature of Notary Public) - (Print/Type/Stamp Commissioned Name of Notary Public) Personally known L/ or produced identification Type of identification produced REV t-2-15 • Case Number: CESD20150017331 tTh Date:September 01,2015 Investigator: Eric Short Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BLANCO, FRANCISCO R &DIANA .3241 2ND AVE SE NAPLES, FL 34117 • Location: 3241 2nd AVE SE (Unincorporated Collier County) Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 81 E 150FT OF TR 119 Folio:40933560004 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 Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: i. In the event the improvement of property,-construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: • Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Several unpermitted structures on the Estates zoned property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: 10/01/2015 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:239252-2440, FAX:239 252-2343 W. Eric Short Signature and Title of Recipient Printed Name of Recipient Date "This violation may require additIonal compliance and approval from other departments which may be required under local,state and federal regulations,Including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF POSTING Code Case Number: CESD20150017331 Respondent(s): BLANCO, FRANCISCO R& DIANA 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 Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3241 2nd AVE SE , on 09/01/2015 (Date), at 2:10pm (Time), and at the X Collier County Courthouse Immokalee Courthouse. (Signature of Code Enforcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this /S-e- day of $>i' o� /P� , 2015 by Eric Short(Name of persolh making statement) lnC //Lc l��/CLL . (Signature of Notary Pudtfc) 2-s °s, INDIRARA,11,1-1 MY COMMISSION#CE 6592 `�,y;�3 , l,�ft�iaio�IC�ive12v, = * 5 ; r EY'FIRcS:December 7,2015 'fro;��o,0. Bonded Thru I3uogel hlotary Selvlres (Print,type or stamp Commissioned Name of Notary Public) U' Personally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CESD20150017331, Respondent(s): BLANCO, FRANCISCO R& DIANA THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing CASE: CESD20150017331 _Notice of Hearing/Imposition of Fines Francisco & Diana Blanco Citation 3241 2nd Ave SE Notice to Appear Naples, FL 34117 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 3241 2ND AVE SE NAPLES, FL 34117, on 9/1/2015 (Date), at 3'55 PM (Time). '2 1 / (Signature of Code Enforcement Official) Indira Rajah STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 1st day of September 2015 by Indira Rajah(Name of person making statement) (Signature of NotaryPublic) ` KIMBERLY 3 ANDES t MY COMMISSION#FF 048408 r c : EXPIRES:Saptamber 17,2017 r .;. ,nLir Tr, (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced --- 7013 2630 0001 5053 0664 : - D 9' 2).. ,"0 -1 l'n x, ';" -n• -. , -la • 0. - - kOa rg8- ck GI 0, E- -m a• c.a, SD to= -tem = 7:IR 2.. • ii" Cir4 ,0), m a) .D., ty > '11 •-',11 -n Er - 0. tuk- D .5 CD „Th.. 0 ..... -. .._, .,- ,,,,>, e gr•-_-_,.-= r.,.., c._s, SI) Cre Z c/o cir-`' ,.e • .flill 0 ...._ ,------ 4.11,..---_ -:,-;'---,.. 1 • - 4----1,-,E .,:! OW. I ... - wi t_......-- :',,,,75-•-' -,..:::::- Fe :cp,r ,,-:,,--;•A 11 3 -.:- --r, _1=6 ..--------- --.1 ,......,-----•de.„..-- ., F:„------ ---,.,---- ..----... ...--... Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e)(i) B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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). • Return to:(enclose self-addressed stamped envelope) 2185439 OR: 2315 PG: 2446 voriName: ACTION TITLE SERVICESAddress: t1COttiD Ii Mali11CO1mi of COLLIt1 cum it T,� l Trail Nertb $5/22111 it MIDI DIN0! I. 110CI, CLIII Napa;[+i 34183 tic iTtl i.11 This Instrument Prepared by: ERIC M M. BORGIA DDC .Z1 .1I of ACTION Tm.SERVICES lac as a necessary incident to the fulfillment of conditions MIDI?ITLU CO contained in a title insurance commitment issued by it. !ICI I! Property Appraisers Parcel Identification(Folio)Number(s); 40933560004 "Granteets)1.D.# •—-SPACE MOVE THIS LINE FOR PROCFSSJNO OAI A ------- FILE NO: 97050025 WARRANTY DEED Iwo.. tar/r.,.m we p..• ,a t o 4. 1 -,Ye ion epi r�e�sr..ss.o�n,�w'�i�'�, .i.m,Q,a.a r.,p"a�""`�.;,.+U This Warranty Deed Made this 15th day of May A.D. 19 97 ,by THE STONE CORPORATIONS, INC. a corporation existing under the laws of FLORIDA ,and having its place of business at 2500 AIRPORT ROAD SOUTH, NAPLES, FL 34112 hereinafter called the grantor,to FRANCISCO R. BLANCO AND DIANA BLANCO, HUSBAND AND WIFE whose post office address is: 3 241 2ND AVE. S.E. NAPLES, FL 34117 hereinafter called the grantee, WITNESSETH: That grantor,for and in consideration of the sum of$10.00 Dollars,and other valuable considerations,receipt whereof is hereby acknowledged,by these presents does grant,bargain,sell,alien,remise,release,convey and confirm unto grantee, all that certain land situate in COLLIER County,Florida.viz: THE EAST 75 FEET OF TRACT ] CL�LR� T`E ESTATES, UNIT NO. 81, ACCORDING TO THE PLAT TH ItE ::�,-S? — R J�PLAT BOOK 5, PAGES 19 AND 20, OF THE PUBLRF.CORDS OF COLLIE OUNTY, FLORIDA. 7 / �� Documentary Stamps pari,�-o��Ar�l e.f;�-AA-�r met recorded at Official ticbr.fS 19ok) H3), P�, e 05111;81 , Public Records of Collier County, '1� i ,, �,1 :-..) i �� AtTOGETHER with all the tenements, J nts and appurtemmces- retdbelongr in anywise appertaining. To Have and to Hold,the same in f < \..forever. e/ And the grantor hereby covenants with said gr t tu•Jtse-grantdtI_ls4a•i tAtized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey saki r tttfhere fully warrants the title to said land and will defend the same against the lawful claims of all persons whoinsoe sad land is free of all encumbrances, except taxes accruing subsequent to Dec4mber 31. 19 96. reservations,restrictions and easements of record,if any. ; : E :r IN WITNESS WHERF,OF,the grantor ttas caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto • i•-, le ,'..,'; duly authorized,the day and year first above written. :.4,r� ‘,:j. i t, , 1. Secretary THE STONE CORPORATIONS, INC. S' and in the presence of: �yn.1' T BY 1 . 4 444 • W //Sum , LLI• B. STON , PR a Eric,M. Rorgla Witnesstztiriased 1 (4(c -- SALJNDRA H.PHIL!.I. Witness Prided Name STATE OP 1'LORIDA COUNTY OF COLLIER The foregoing inattument was acknowledged before me this 15th day of May ,19 97 by WILLIAM B. STONE as PRESIDENT of THE STONE CORPORATIONS, INC. , a FLORIDA corporation, on behalf of the corporation. He/she yt.y� nown to me or has produced "��.. ar...Sr as identification. - DRIVER LIC-EHSE(S) << �. My Commission expires: i :ce p }s2 V.I. r ,,/j/1// - *: 8 .... :*i Printed Name: Erie M. !Via '"1,; KC 593778 'gra Notary Public -1/4191%j A; pe+ ct Serial Number p g.. rA fl CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20150002646 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KI-LI ASSOCIATES 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit) 3.05.01(B) LOCATION OF VIOLATION:4001 Tamiami TRL E, Naples SERVED: KI-LI ASSOCIATES LLC, Respondent Jeff Letourneau, 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. Danny Blanco 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 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.CEVR20150002646 KI-LI Associates LLC,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s): The Collier County Land Development Code 04-41,As Amended, Section 3.05.01(B). 2. Description of Violation: Vegetation removed, disturbed and damaged beyond the scope of Vegetation Removal Permit PL20140002407. 3. Location/address where violation exists: 4001 Tamiami Trail East, Naples Florida, 34112. Folios 394200008&394160009. 4. Name and address of owner/person in charge of violation location: KI-LI Associates LLC, C/O R/A Kenneth R.Ringbloom,399 Gulf Shore Blvd.South,Naples 34102 5. Date violation first observed: February 27th,2015. 6. Date owner/person in charge given Notice of Violation:March 11th,2015. _ 7. Date on/by which violation to be corrected:April 6th,2015. 8. Date of re-inspection: April 9th,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 1 lth day of October,2016 ode Enforcement Investigator STATE OF FLORIDA= COUNTY OF COLLIER Sworn to(o affirmed)and subscribed before this 1 'lth day of October,2016 by _ r LC iW✓r ' �� (Signature ofNi ary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identificationP[e( KERRY ADAMS Type of identification produced * ? ,k MY COMMISSION#FF 139721 `auk: EXPIRES:July 8,2018 N'gr0 `(S- Bonded Thru Budget Notary Services REV 1-2-15 Case Number: CEVR20150002646 Date: March 06,2015 Investigator: Michaelle Crowley Phone:239-252-2972 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KI-LI ASSOCIATES LLC, 760 N FRONTAGE RD STE 101, WILLOWBROOK IL 60527 Registered Agent: KENNETH R. RINGBLOOM, Registered Agent for KI-LI ASSOCIATES LLC, 399 GULF SHORE BLVD SOUTH, Naples, FL 34102 Location: 4001 Tamiami TRL E. Unincorporated Collier County. Zoning Dist:C-3 Property Legal Description: 13 50 25 COMM SE CNR SEC, N1 DEG W149.72FT, N39 DEG W3460.45FT TO POB, N50 DEG E400FT TO WLY CNR BLK F. Folios:394160009 and 394200008 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: Vegetation Removal, Protection & Preservation. Vegetation Removal/Landfill Required. Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). It shall be unlawful for any individual,firm, association,joint venture, partnership, estate,trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation,which includes placing of additional fill,without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Areas upon folios 00394160009 &00394200008 which have been cleared of vegetation by mechanical means beyond the scope allowed by Permit. Native trees including, but not limited to Slash Pines, and Cypress have been adversely affected by mechanical clearing. 34 native trees show gouges and other damage to the trunks from heavy machinery, in areas that were marked off upon the Permit as requiring Hand-Removal only. 40 native palms have been uprooted and stacked in preparation for removal and transplanting to other sites under different ownership. Palmettos and other native, non-exotic vegetation were pulled out. The Conditions of Vegetation Removal Permt PL20140002407 allow removal only of Exotic Vegetation, and "No other protected vegetation shall be injured in any way, including root sysytems. No areas outside those indicated on the site plan are authorized for mechanical clearing." The Permit also requires "Protective barricades...properly installed prior to commencement,specifically: silt fences at the boundary of those areas where mechanical removal is NOT authorized." Lastly, "Should non-exotic protected vegetation be injured in any way, in-kind replacement shall be required." No barricades were erected around the areas where mechanical clearing was prohibited. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): (1) Submit a time zero monitoring report with photographs of all native trees that have been affected by mechanical clearing within 30 days of issuance of this Notice of Violation. Affected trees shall include, but are not limited to: trees which have had root systems affected by mechanical clearing and trees which have been altered as a result of mechanical clearing. Include with time zeo monitoring report: (a) Restoration plan to include replacement strategy of any dead or dying native trees/vegetation affected by mechanical clearing that may occur within a 2 year period. (b) Dead of dying native trees/vegetation shall be replaced with like species and monitored to ensure 80 percent survivability for a period of no less than 3 years. (c) All replacement trees shall be planted in accordance with Collier County Land Development Code. (2)To replace the illegally removed Native vegetation, icluding ground cover and mid-story plants and canopy trees, submit a mitigation plan which meets the criteria pursuant to 04-41, as amended, Section 10.02.06(E)(3) and obtain approval of and complete the installation of the required plan. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section 10.02.02(A)(3) OR apply for and obtain any and all permits including Collier County permits that may allow this Native vegetation removal. ON OR BEFORE: 04/06/2015 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$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Certified Mail INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239.252-2343 Michaelle Crowley Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local,state and federal regulations,including,but not limited to:right-of-way permit,building permit,demolition of structure,Site Development Plan,Insubstantial Change to Site Development Plan,and Variances along with,payment of impact fees,and any new or outstanding fees required for approval. AFFIDAVIT OF MAILING Code Case Number: CEVR20150002646 Respondent(s): Mailed NOV cert/reg owner 7013 2250 0001 0138 3101 CEVR20150002646 NOV MC#87 KI-Ll ASSOCIATES LLC 760 N FRONTAGE RD STE 101 WILLOWBROOK IL 60527 Mailed NOV cert/reg agent 7013 2250 0001 0138 3118 CEVR20150002646 NOV MC#87 KENNETH R. RINGBLOOM Registered Agent for KI-LI ASSOCIATES LLC 399 GULF SHORE BLVD SOUTH Naples, FL 34102 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] X Notice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to these respondents at the above addresses, on_3/6/15_(Date), at • _1:49pm_(Time). o, (Signature of Code Enf. -ment Official) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this_6th_day of_March_,2015 by Neil Day(Name of person making statement) (Signature of Notary Public)* MYCOtdIIIISSIONAFF+p4gq� EXPIRES:September 17,2017 B«ded lhriaudget Mokry Servke$ (Print,type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced i - . ƒ r ) % 1 z. 0 \\\ % a§ }� \&" _/ g \g % I .0\ . . �� \5 % £ \ se. }\ \ � � 4 cn% . k % OO Ix $ E ,0 \ �: % co z73 / �\� % � - � { ) T. ) %55 %2 � �� k �` \\� \ Q \ O o. t ° \f \ � C. \ cu **7'n 0& ` ® „ d. � - o ' 3y t :^ It a)= ) O ° ƒ m � j 6) eO c w .6 11 . 0) (1) (30) 73 7 ED r2\ k° 0%/0 a Z � s � 0o \� rt \- 6 J o \% ��\ §\ & 0 — _I - o � . �e « }%a\ t : ? ® - \ %& _ =a ° o U t , 0 CI ±k�\ � �� \ til C.4 Z _. a± ` r ® S a§ 5® \G a. ƒ° \� a\ ;/ :+» �61 cP %0 %\\ � ƒ7 .\ / , 7 £ « f _ , • Q\ ill /\ °11. p \ , , \ Vi ® . . up 0 o . ( CI u) CD Eft . ¢ Cra m 11 ii:: c 0 tD d N n h 'z: 'l 11 O0 y° I 06% O 0 J 7 ralso — oil V. 0 f -. ttt04, WI CO .� • Ps o 3 NI 0 -+ 5 -oc-fl„ - NNin 0 0 0 z Ro N T • ? o N O "b w_ a r 3.05.00 - VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01(5)-Generally It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 4133632 OR: 4333 PG: 3803 \-1,- RECORDED in OFFICIAL RECORDS of COLLIER COMITY, FL 02/28/200B at 03:11PM DWIGHT E. BROCK, CLERK COBS 6300000.00 Prepared by and Reread adMd n evRBC FEE 18,50 GarlickGarRonaldL. Stotler Peeeeplea LLP 000-.70 44100.00 5551 Itia.cwood Drive, # 101 Naples, FL 34108 Retn: PREPARED WITHOUT BENEFIT OF EXAMYKATI( i of TITGARLICK STETLER ET AL PICK UP r.vdIDNmabar: 00394200008 ancl QJ391416CCC9 Warranty Deed This Indenture, Made this a dry of February , 2008 A.D., Between Midland Management South, Inc., a corporation existing under the laws of the State of Florida of the Covey of Du Page , staae of Illinois ,grantor, ma Ki—Li Associates LLC, a Florida limited liability company whose address iE 760 N. Frontage Road, Suite 101, Willowbrook,IL 60527 of the County d Du Page , Stare of Illinois ,grantee. Witnesseth net the GRANTOR,fired in unedlenticn ate sum of TEN DOLLARS ($10) DOLLARS, and other good rad valaehle omona.tion to GRANTOR in hand paid by GRANTEE, the meta whereof is hereby admowledged, hie pond,bargained and sold to the said GRANTEE and GRANTEE'S his,unees m and awn formes,the following deaml ed land,snail, Iycg and tem in the Coady of COLLIER sloe of Florida town See legal description on attach i 4E ;h "A" SUBJECT to zoning, build node dna---at ++++yS restrictions imposed by goverranental authork*r:outstanding oil gas` and mineral interests of record,' 4/any; restrictions an ea invents of record, if any; and real estate tines accruing subsequentto ljecomber 31, 2007. TOGETHER with all` the tees,._b?reditsments end ',appurtenances thereto belonging or ,,,,,,,in-�auywarigpetr. TO HAVE AND TO FOLD i th l S imi fee`ttf Y , j 1 ri ti e � t i 1i i 6;' • 1 c_-_:„.„4-3 Lif and the grader does hereby filly wan-ant�r'116:1 lsaid.-'lw dL-end-.w$-ae& e,.fame against hoed claims of an scrams whomsoever. In Witness whereof the meteor h.l,se.e'ir=iq 1gd:ed at c1,:"a . yew S sealed sad delivered ba oar) Hid1}- ... - •---..-•t South, Inc. a Fl. '.: corporation 0 i . i r '/l -1.411,k. . ,.. OP By: Alli:w-��_ (Sal) • inted Name: y: (}8 E Kim M Morris, President ,. so __._.. - __.. P.O.Address: dsatrMS 7eN.Fr sta.Re . f fJp� wsl.wr...k IL ws27 Prin._• N.,, _, Tr.: •:C- -. an" Witness (Corporate Seal) STATE OF Illinois COUNTY Or Grundy The foregmg instrument was ac*nowiedged befire an this 2 4. day of February , 2008 . by Kim M. Morris, President of-Midland Management South, Inc., a Florida Corporation, on behalf of the corporation she is pers;io 1y Inman a ne or she has prodo ed her Illinois iver' . i oetn,pe as ..'on OFFICIAL SEAL Printed Name: "'a3 - NaTICe SHEILA NANCE Notary Public NOTARY PUBLIC-STATE OF ILLINOIS co mm MY COMMISSION EXPIRES:01/25/11 0925-007 taw o.-rabontrt,rkflbm..ee Mee MO)7519535 Pam stem-i * OR: 4333 PG: 3804 *** EXHIBIT"A" ' Parcel 1: • Commencing at the Southeast corner of Section 13,Township 50 South,Range 25 East,Collier County,Florida;thence along the East lige of said Section 13,North 01°34'17"West 149.72 feet to the Northerly right-of-way line of U.S.41 (S.R. 90)thence along said right-of-way line of North 39°05'20"West 3460.45 feet to the Point of Beginning then North 50°54'40"East 400.00 feet to the Westerly corner of Block F,Lakewood Unit No. 1 as recorded in Plat Book 12,Page 9 of the Public Records of Collier County,Florida;thence North 40°25'19"West 323.10 feet;thence North 05°53'10"East 147.01 feet;thence South 50°54'40"West 496.39 feet to the Northerly right-of- way line of US 41 (S.R. 90);thence South 39°05'20"East 427.00 feet along the Northerly right-of- way line of U.S. 41 (S.R. 90)to the point of Beginning. • • • AND Parcel 2: Commencing at the Southeast corner of Section 13,Township 50 South,Range 25 East,Collier County, Florida;thence along the East line of said Section 13,North 01°34'17"West 149.72 feet to the Northerly right-of-way line ofU..5, : '90).;,,.thence along said right-of-way line North. . 39°05'20"West 326045 feet to tl�.-." n ff`:- z:- _J n e North 50°54'40"East 400 feet, thence North 39°05'20"West? 0:_t ,thence South 50°1€"' q,'.West 400 feet to said right-of-way line;thence along said right-99= y'line South 39°05'20"Ecsi 2V feet to the point of beginning. tl t t t ) r ! sit 1 N. • ,.\ .,.i`s?' J ,�f^'�.) / ': TA Li CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20160009711 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ARTUR MUSZYNSKI, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), 1.04.01(A), and 2.02.03 LOCATION OF VIOLATION: 1172 Parkway DR, Naples SERVED: ARTUR MUSZYNSKI, Respondent Eric Short, 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. Danny Blanco 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 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. rA To:Collier County Code Enforcement From:Artur Muszynski I would like my architect,Robert Ricciardelli,to represent me at a hearing regarding case CESD20160009711 for my property at 1172 Parkway Dr, Naples, FL 104//6 Artur Muszyr ski yamcar' reach 0/ ( C...7) b'. 6 -,2 73.Z - BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20160009711 Artur Muszynski, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Robert Ricciardelli , on behalf of Artur Muszynski 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 CESD20160009711 dated the 12th, day of July, 2016. 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 October 28, 2016; 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 $65.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 90 days of this hearing or a fine of $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 toring e violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce t ns of this agreement and all costs of abatement shall.be assessed,to the property owner. 7d7 ) Resp• dent or 'epresentative (sign) ':John Santafemia (Code Enforcement Division Respondent or Representative (print) Date Date I, Robert Ricciardelli have been designated as the authorized representative for Code Enforcement Case# CESD2016000971 I COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD • COLLIER COUNTY • /'"'N BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO. CESD20160009711 Artur Muszynski, 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, Sections 1.04.01(A), 2.02.03, 10;02.06(B)(1)(a),and 10.02.06(B)(I)(e)(i) 2. Description of Violation: Unpermitted electrical,plumbing,mechanical,and structural alterations to support a multi-family use. 3. Location/address where violation exists: 1172 Parkway Dr.Naples, FL 34104 Folio: 70921440009 4. Name and address of owner/person in charge of violation location: Artur Muszynski • 7000 Windhaven Parkway#105 The Colony TX 75056 5, Date violation first observed:July 12,2016 /—"N 6. Date owner/person in charge given Notice of Violation:July 12,2016 7. Date on/by which violation to be corrected: August 11,2016 8. Date of re-inspection: September 12,2016 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 12th day of September, 2016 W.Eric Short Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER =otPx;Pus,( NEIL C.DAY MY COMMISSION 4 FF 048477 �' 1 S atter;' EXPIRES:August 26,2017 Sworn to(or affirmed) . d sub Jc ibed before this,. any of, Qi;20( by �gTFOF Ft.Amo Bonded?hroBudget or�ryservices (Signature o Notary Publi. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 1-2-15 Case Number: CELU20160009711 Date: July 12,2016 Investigator: Eric Short Phone:2392525732 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MUSZYNSKI, ARTUR 7000 WINDHAVEN PKWY#105 THE COLONY, TX 75056-VC Location: 1172 Parkway DR Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: ROCK HARBOR BLK E LOT 6 LESS S 11 FT Folio: 70921440009 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 Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e)(i), Section 1.04.01(A), and Section 2.02.03 The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted electrical, plumbing, mechanical, and structural alterations to support a multi-family use. Pg. 1 of 2 ORDER TO CORRECT VIOLATION(S): ^You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for described structure(s) /alteration(s). 2. Must cease any and all Multi-Family use at this RSF-4 property. ON OR BEFORE: 08/11/2016 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 Eric Short Case Number: CELU20160009711 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. • Pg. 2 of 2 AFFIDAVIT OF POSTING r-. Code Case Number: CELU20160009711 Respondent(s): MUSZYNSKI,ARTUR THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation Notice of Hearing Notice of Hearing/Imposition of Fines Citation Notice to Appear Code Enforcement Board Evidence Packet Other: I Eric Short, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1172 Parkway DR , on 07/12/2016 (Date), at 9:45am (Time), and at the X Collier County Courthouse Immokalee Courthouse. 4t-)' kff(Signature Code Enforcement Official) W. Eric Short STATE OF FLORIDA COUNTY OF COLLIER Sworn to(kafirmed)and subscribed before me this day of 4 , 20/by Eric Short(Name of person mak ng statemen (Si.na'ure of Notary Public) 2ott�:P�B�n ROSALIND PASTRANA * < *MY COMMISSION#FF 963096 o7- EXPIRES:February 21,2020 TFOF nS Bonded mm Budget Notary Services (Print, type or stamp Commissioned Name of Notary Public) j'ersonally known Produced identification Type of identification produced AFFIDAVIT OF MAILING Code Case Number: CELU20160009711 Respondent(s): Mailed NOV cert/reg 7006 3450 0002 4972 1228 CELU20160009711 NOV ES tM6 MUSZYNSKI, ARTUR " R�� pr 7000 WINDHAVEN PKWY#10514tpOd1eitighfarOtii1kai( fnsuca ir_eraga-Oiewded ru THE COLONY, TX 75056-VC ru• w � r � � �on�eisiau�vire4sstvuvvtnrnspseem � ;w THE DESCRIPTION OF THE DOCUMENT(S) SERVED: ru [Check the applicable document(s)] Ir Postage $ X Notice of Violation Certified Fee ru p Return Receipt Fee Postmark Notice of Hearing o (Endorsement Required) Here Restricted Delivery Fee Notice of Hearing/Imposition of Fines (Endorsement Required) Citation `n Notice to Appear m CELU20160009711 NOV ES #46 MUSZYNSKI, ARTUR _Code Enforcement Board Evidence Packet 7000 WINDHAVEN PKWY #105 Other: THE COLONY, TX 75056-VC I Neil Day, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 7000 WINDHAVEN PKWY#105 THE COLONY, TX 75056-VC, on_7/12/16_(Date), at_11:30am_(Time). qi0,4,\\s/ (Signature of Code Enforment Official) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)and subscribed before me this_12th_day of_July_, 2016 by Neil Day(Name of person making statement) (Si(4,(49( na ure of Notary Public) - coser Pue,, ROSALIND PASTRANA * , * MY-COMMISSION#FF 963096 Nl "4Pl'- EXPIRES:February 21,2020 'lFOF n-°' Bonded Thru Budget Notary Services (Print, type or stamp Commissioned Name of Notary Public) X Personally known Produced identification Type of identification produced Collier County Land Development Code 04-41. as amended, , 1.04.01(A.) A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC.No development shall be undertaken without prior authorization pursuant to this LDC. Specifically,no building,structure, land or water shall hereafter be developed, or occupied, and no building,structure, or part thereof shall be erected, reconstructed,moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. 2.82.03 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. 10.02.06(B)(1)(a) B. Building or Land Alteration Permits. 1.Building or land alteration permit and certificate of occupancy compliance process. a.Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,and other land development regulations. For purposes of this section a land alteration pernit 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 fora 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 10.02.06(B)(1)(e)(i) B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. e. Improvement of property prohibited prior to issuance of building permit. No site work,removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system,to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code;removal of exotic vegetation shall be exempted upon receipt of a vegetation t"Ntremoval 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). INSTR 4781320 OR 4870 PG 3380 RECORDED 12/28/2012 5:27 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA DOC@.70 $623.00 REC $18.50 CONS $89,000.00 Prepared by and Return to: Timothy D.Toole Naples Title,Inc. 4851 N.Tamiami Trail,Suite 202 Naples,FL 34103 NT-201205-44 Property Identification Number: 70921440009 Sales Price: 89,000.00 WARRANTY DEED This Indenture, Made this r`t/"day of December,2012, between John Flathers and Lynn Flathers,Husband and Wife whose address is 6041 English Oaks La.e sT ple- 4119,hereinafter called the grantor,to Artur Muszynski, whose post office address isA 55 A.p est'Hi i prkham, Ontario L6C 2VC CANADA, hereinafter called the grantee: f"TOi' `�� (Whenever used herein the terms "gr itor''a'd" aritee"—incl d all the antes to this instrument and the heirs, �-. legal representatives and assigns of ii dividuals,and e.suo essorsjand assi ees of corporations.) WITNESSETH: That the grantor, or d tin c ns'de�-atlapi-vie "he\u ofi S 10.00 and other good and valuable consideration, receipt whereof is h e'b ivl ,91 e. gra. is i bai ains, sells, aliens, remises, releases, conveys and confirms unto the gran aI that certain land situate in ollie ,�unty,State of Florida,viz: Lot 6, less the South 11 feet, Block,.-'ROCK HARBOR;1. t ubdiyisfon according to the plat thereof recorded at Plat Book 1,Page 84,in tlieknOic.Records of Collier outrfy,Florida. TOGETHER with all the tenements, heredit s. 04 fa' rt'enances 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 2011, and covenants, conditions, restrictions and easements recorded in the public records. *** OR 4870 PG 3381 *** IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Signed, sealed and de ' 'i ed in our presence: ,4" -0,4 ' a..L Signature,:f Fir fitness/ Joh athers /,2N rt- ---7 • e/ ../ .._.1) Printed Name of Fi t Witness Lynn Flathers Signature of Second Witness L /4 a Poi ,es g-/ -,,..,-;.,,R (-: �--,.... Printed Name of Second Witness \...,10--'1- o 7 � j STATE OF Florida / 7 `-------ter \\ COUNTY OF Collier ! 4 \ "I-. I _ V r\l/'i'Vc\i:i.)THE FOREGOING instrument was ibac bwledged l eftre}erne aadf DeFember,2012,by John Flathers and Lynn la herso is personallg°c 44 iia 9 3v�hj his procj}c41 r f---q j ' i•�.:s < as identification nc(\'lia"cid not take an oath. /1)1117.111111°Z;\ --1 . ' ,.- r) / Notary PublicT.\,-- ,fes ./ My Commission ':.fires: N `—_.._ _._.=(= \ : ((SEAL)) Artur Muszynski Deed P.:,,e 2 "i" •= TAMMY L KLEIN 'ft I.1 Commission#EE 215355 <' Expires September 16,2016 ,:?.p P�.'�'• Bonded Thu Tiof Fdn harem*ex.21-rm TA R COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150017447 Hearing Date: 10/28/2016 Board of County Commissioners vs. Daniel Herrera and Glenda Gonzalez Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A). Location: 1316 Orange ST, Immokalee Folio 30733560007 Description: Interior improvements on a wooden structure consisting of electric, drywall, insulation, framing, trusses, plumbing, all constructed without first obtaining the authorization of the required permits, inspections and certificate of occupancy as required by the Collier County Building Department, Past Order(s): On January 26, 2016 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 5241 PAGE 1357, for more information. On May 26, 2016 a Motion for Extension of Time was denied. See the attached Order of the Board, OR 5278 PAGE 2573, for more information. On July 28, 2016, a Continuance was granted. See the attached Order of the Board, OR 5301 PAGE 944, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from May 29, 2016 to October 28, 2016. (153 days) for a total fine amount of$30,600.00 Fines continue to accrue. Previously assessed operational costs of$65.43 have been paid. Operational Costs for today's hearing: $63.81 Total Amount to Date: $30,663.81 ..: ,,,,':114"r:1",:.4°4.41 F ;•p, s 4,t • ., � jy '�R,S" b a .J \)‹. ..v *V * , k, de, . .. ,,,,, , . ,.A.2. ,. 4,4,i4., ,". ' '4. 1,' 4 r , . . . _ ...11,•. ° -• • r'.' . . C') AZ - ' kis/ --1. ' 4.0.1'•• ''.•!-X"' '4'lle ilii it 1 wf -�� ''jM4 I.9:.` `i''-4 i--r. '4. !' ,•J. } V_ s. yip fl- t**/- 4,411 '4t' : i - 41 SA #' / s .s i f?.. t - r ti t f� y `' • r r • z A - i 1. tq= , Y+ N. Y (.a. aT. , . k• 41,1:;e: I:I ..---- U.� tiltik LI I CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150017447 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DANIEL HERRERA AND GLENDA GONZALEZ, 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: • 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1316 Orange ST, Immokalee SERVED: DANIEL HERRERA AND GLENDA GONZALEZ, Respondent Joseph Mucha, 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 notceceived by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. ITIS 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. Datlny 13larico 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 341112(239)774-3800;ASSISTED LESTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms 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 en angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini meek yon intepret pou pale pou-ou. INSTR 5227305 OR 5241 PG 1357 RECORDED 2/11/2016 10:31 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.—CESD20150017447 / BOARD OF COUNTY COMMISSIONERS I COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIEL HERRERA and GLENDA GONZALEZ, Respondents. ORDER OF'TTT -OD E OP NT BOARD THIS CAUSE came on for p}• lie .ear efore the Code Enfo�' emeht Board on January 26,2016,and the Code Enforcement Board, having hard esti zderoath;received ee *den6 and heard argument respective to all appropriate matters,hereupon Wiles tsFi dings 1af.Fac and Order of theCod Enforcement Board,as follows: IL \-.\-7 5--2\1( G` u Fi�` ,/ 1. Respondents,DANIEL I4QR and GLENDA-GO ZA ,arkhe owners of the subject property. 2. Respondents were notified i�fii ate of hearing by cerB;ted a sting and the Code Enforcement t Board has jurisdiction of this site 4,CJf 3. At the hearing,the Respondents en ,e ,a g i t'q vjie i is attached hereto as Exhibit"A". The Stipulation is adopted as an Order of the-- � nlor ent Board and the Respondent is ordered to comply. 4. The real property located at 1316 Orange St., Immokalee, FL 34142, Folio No. 30733560007 (Legal Description:EDEN PARK 1ST ADD BLK 12 LOT 15)is in violation of Collier County Land Development Code 04-41,AS AMENDED,Section 10.02.06(B)(1)(A)and(e)in the following particulars: Interior improvements on a wooden structure consisting of electric;drywall,insulation,framing, trusses,plumbing,,all constructed without first obtaining the authorization of the required permits, inspections and certificates of occupancy as required by the Collier County Building Department. 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,inspections and Certificate of Completion/Occupancy by May 28,2016 or a fine of 5200.00 per day will be imposed for each day the violation remains thereafter. OR 5241 PG 1358 C. If Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$65.43 on or before February 28,2016. 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 °P/N21-ay of p..e R ,2016 at Collier County,Florida. CODE 6.1 ORCEMENT BOARD •e LIER C'UNTY,F e' DA i .a1r' b Y:Alfi,1 �%Mb r,,,...••-----Rio.'' r'hair STATE OF FLORIDA ) /• -veR2.: 1 Witt I I: *-sh.• 'rive )SS: COUNTY OF COLLIER) \\. The foregoing instrument was ackr;owle ged before':s- is v of 6 , 2016,by Robert Kaufman,Chair orthe j2o Ta---61, 1,.7. . ofli�oun ,Florida,who is U.-- personally known to me o I c ho s °ro uc • . I' •'d�el'.`er' Li ense as identification. '....c... ..cs. ! 41.:aBct. PERRY ADAMS / MY COMMISSION#FF 139721 r37\ _ NOTARY L C / r, iii t� Bonded ARES:ru J ly 8,2018 uviees My commis,I`fn cD N Jr,0 PAYMENT OF FINES: Any fines o efjl e paid pursuant dttiS.Oider may be paid at the Collier County Code Enforcement Department,2800 Northors"ts 13 ' ae•ips , f, 34104,Phone: (239)252-2440,Website: www.colliergov.net. Any release of lien or cow htIon,•of b pliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Daniel Herrera and Glenda Gonzalez,307 Calle Amistad,Immokalee,FL 34142 this day of February,2016. ai, Code En • =u ent Official k *** OR 5241 PG 1359 *** *\ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CESD20150017447 DANIEL HERRERA& GLENDA GONZALEZ Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Daniel Herrera, on behalf of and as representative for Glenda Gonzalez, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference(case) number CESD20150017447 dated the 09th day of October, 2015. 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 January 29, 20jJo._.promote efficiency in the administration of the code enforcement process; and to obtain a quicka� e�tu solution of the matters outlined therein the parties hereto agree as follows: f- 1) The violations noted in the refere ce . " - if Violation area cure a and I stipulate to their existence. THEREFORE, it is agreed between the p� •- ha a s- •inti-' all; ( l 1) Pay operational costs in the mo nt of . 65.43 in ut - i t h prose ution of this case within 30 days of this hearing, C? ``�. `ti _r. ` i t ' 2) Abate all violations by obtain , I required Collie *a •unty (ding Permit(s) or Demolition Permit, inspections, and Certific -o Completion/Occup-r; vyiithin 20 days of this hearing or a fine of$200.00 per day will be i�raEgs, until the viola io, 4 -abated. � - 3) Respondent must notify Code Enforcemee 'in- -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 regal 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 abateme. .hall be.assessed'to the property owner. ��tr' A � ___ Respondent or Representative (sign) Joe. ar, Sup-rvisor Code nforcement Department i x 4911-0:-e/ 464p.rw I — z el — I Co Respondent or Representative (print) Date X. /— 2 2 / r e t 421A . /- -- % REV 1/2/15 INSTR 5272281 OR 5278 PG 2573 RECORDED 6/1/2016 11:45 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.—CESD20150017447 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIEL HERRERA AND GLENDA GONZALEZ, Respondents. - . CQ Y. ` ORDER OFiiiEtttlifiNFOMENT BOARD THIS CAUSE came before t-e C e Enforcement Board upon t ie R ondent's Motion for Extension of Time to Comply,and the Code Enfo/cenr�nt ioa i,having-review d the Iv tioni all associated documents and heard argument respective to all appropr1 ate matters%issues he foll win Order: � ( � /GjoF`. � � 1�1 1. On January29, 2016, Rep n ent entered into a`Stipllation and w is ,found guilty of violating of Collier County Land Developmode 04-41, AS AMD.E��b, ,,er�on 10.02.06(B)(1)(a) for interior improvements on a woode\ cture consisting of e 7,fdflt, insulation, framing, trusses, and plumbing,all constructed wit first obtaining the authonz ti i /he required permits, inspections,and certificate of occupancy as req ed,�? }, e Collier Count 1Bt11k g Department, which violation occurred on the property located at 1316 ata e;Szee 'o dee ;`Folio#30733560007 (Legal Description: EDEN PARK 1ST ADD BLK 12 LOT`15 '' 2. An Order was entered by the Code Enforcement Board ordering Respondent to abate the violation on or before May 28,2016, or a fine of$200.00 per day would be assessed for each day the violations continue thereafter until abatement is confirmed. (A copy of the Order is recorded at OR 5241,PG 1357) 3. On May 2,2016,Respondent filed a Request/Motion for Extension of Time to Comply. 4. Previously assessed operational costs of$65.43 have been paid. ORDER Based upon the foregoing Findings of Fact,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.2007-44,as amended,it is hereby ORDERED: A. Respondents'Request/Motion for Extension of Time to Comply is denied. DONE AND ORDERED this i day of y V'Ctil ,2016 at Collier County,Florida. — CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA *** OR 5278 PG 2574 *** Rob' 'iKaufma t'air STATE OF FLORIDA ) ;I 0 orth Hor:4 oe Dr' e )SS: Naples,Flori.. 4104 COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of AACI.A1 , 2016,b .Robert Kaufinan,Chair of the Code Enforcement Board of Collier County,Florida,who is personally known to me or who has produce& a Fl. ida Driver's License as identification. "'e, KERRY ADAMS ' MY COMMISSION IFF 139721 NOTARY P : IC * My commission expires: Nf "uT,t EXPIRES:July 8,2015 +, :: ..' Wad ThfuBudget Notary 66n1o66 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 confirm on opf corn ance or confirmation of the satisfaction of the obligations of this Order may also be obtained lif� ticC APPEAL: Any aggrieved party may aPpea mal order of the Boar o, ircuit Court within thirty(30)days of the execution of the Order appealed. /An pd eal shall not be a hearing de\t4,ovo,but shall be limited to appellate review of the record created within the or}iin in t-isthe,f'elponsibility o'Ethe appealing party to obtain a transcribed record of the hearing from t Clerk of Courts. iling an Appeal'will of automatically stay the Board's Order. (C�ERTI C 1. ER 4�. 1 ( Fllc 1 re 7 �E I HEREBY CERTIFY that a true dna ec copy o s O'�� ; has-9-en s ikby U.S.Mail to Daniel Herrera and Glenda Gonzalez at 307 Calle Amis aLd-,'\Imokalee,FL 34142 . �-'lI .a ,~f}/ ,2016. \\NN Ty C i percie ar(me. I fficial ::',ia;e C rILA uoa County of COLLIER I HEREBY CERTIFY THAT this is a true and correct copy of a document on file in Bo,rd f„ir.i!es and records of Collier County WIT, .my h ,0;rrid ricial seal this 61 da/flft��:��IP DWIGI?rBRQC F Qi OF GQURTS ','..r. •,;i. 1:,. . 67,..-- COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150017447 p...\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. HERRERA,DANIEL GLENDA GONZALEZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Juan Serna Herrera,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on January 29,2016,the Code Enforcement Board held a hearing and issued an Order in the above-styled matter as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5241 PG 1357 . - 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 31,2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance by: a building permit not being issued, passing all required inspections, and receiving a certificate of occupancy/completion. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of June,2016. COLLIER COUNTY,FLORIDA CODE ENFO',CEMENT BOARD uan Serr lIgrera Code Enfor 'ement Official STATE OF FLORIDA COUNTY OF COLLIER •Sworn to(or a ed)and subscribed before me this /-�7 41 day of `J U 11 e. ,2016 by Juan Serna Herrera , i /4/44.6:4 6.1, /7 (Signature ofrlotary Public) of"RY'Zfo JOSEPH MUCHA * �,�, * MY COMMISSION#FF 222299 (Print/Type/Stamp Commissioned Name of Notary ,. igii., T EXPIRES:April 20,2019 Public) rA o,fo e Bonded Thru Budget Notary Services '.. Personally known Ai tat. INSTR 5297948 OR 5301 PG 944 RECORDED 8/5/2016 9:32 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.501 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20150017447 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. DANIEL HERRERA and GLENDA GONZALEZ, Respondents. ORDER OE1TI EVI E E'NFORELMENT BOARD 'lcTHIS CAUSE came on for pubilic ring before the Code Enforcement Board on July 28,2016 on the Respondent's Motion for Continuan e anfifbeing 1y advised-in-S4 premii s,h' eupon issues its Findings of Fact, Conclusions of Law,and Order of tbe Code n orce' of B and as follows: i1,,' iN, im •\,,n ..)\--7,7,7 1„ , °'),\\,, .,FIG ®F� 'ACT,, 1,,,, 1—s 1 J, �•t 1. Respondents,DANIEL \TRA and GLENDA GOI ALEZ,Fare)lIar ed with violating Collier County Land Development ''64.e.'04-41,AS AMENDEActio 4 12.06(B)(1)(A)and(e)in the following particulars: \e '9y`;i, Interior improvements on a wood st u tnre-eo sisti ig4telectric,drywall,insulation,framing, trusses,plumbing,all constructed with t'1irkootaining the authorization of the required permits, inspections and certificates of occupancy as required by the Collier County Building Department. 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 October 26,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period. DONE AND ORDERED this I St- day off ,,2016 at Collier County,Florida. C•UU; *** OR 5301 PG 945 *** i STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 151 day of Vv S , 0)..6,by Robert Kaufman,Chair of the Code Enforcement Board of Collier Comity,Florida,who is V personally known to me or who has produced a Florida Driver's License as identification. ././.."2'......-1.---) 2a.c:.'.'ZAet, KERRY ADAMS NOTARY PUBLIC *• c3;' * MY COMMISSION#FF 139721 EXPIRES:July 8ry,2019 My commission expires: ''.'6orirrr�" ,e�� BondedThruBudgetNoia Services PAYMENT OF FINES: Any fines ordered to be paidpursuant to this Order may be paid at the Collier County Code Enforcement Department,2800 North H ses er ri e y,, alis„FL 34104,Phone:(239)252-2440,Website: www.colliergov.net.Any release of lien or A4fi'8•• 4rra c plhut' •�Fonfirmation of the satisfaction of the obligations of this Order may also be o)ta ,�-a@/: this location. , _.\ APPEAL: Any aggrieved party ma/appeal fin l or-der-of-derto the Ciir\tuit Court within thirty(30)days of the execution of the Order appealed Ana eal shalhnot b a •hearing de no bit shall be limited to appellate —�, review of the record created withinithe gi al` arj'n` �It i tl re pons'a?i of t o appealing party to obtain a transcribed record of the hearing m e lerk Of co it g an'st.p al 1 n,Ot automatically stay the Board's 'Order. C.! „\,.. (� 4)/f 1 • CERTIFICATE OF SE =-I E 01 (jJ I HEREBY CERTIFY that a true a�• �d e� pct copy of this ORDER. s n sent by U.S.Mail to Daniel Herrera and Glenda Gonzalez;307 Calle Amistad,�`i `lee,.FL 3 is day of ,2016. SITE (11-1 �"� Code Enforce ent Official P"1 TA a 6 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20150022253 Hearing Date: 10/28/2016 Board of County Commissioners vs. La Soriana INC Violation(s): Collier County Land Development Code 04-41, as amended, Section 2.02.03 Location: No Site Address Folio 25631080005 Description: Using vacant lot as overflow parking without an approved SDPA.PL20140001643, which is in rejection status,and not yet approved by Collier County as an additional parking lot. Past Order(s): On May 26, 2016 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 5278 PAGE 2555, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from May 28, 2016 to October 28, 2016. (154 days) for a total fine amount of$15,400.00 Fines continue to accrue. Previously assessed operational costs of$64.59 have been paid. Operational Costs for today's hearing: $62.61 Total Amount: $15,462.61 Rev • i TAB 6 LLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU20150022253 Hearing Date: 10/28/2016 Board of County Commissioners vs. La Soriana INC Violation(s): Collier County Land Development Code 04-41, as amended, Section 2.02.03 Location: No Site Address Folio: 25631080005 Description: Using vacant lot as overflow parking without an approved SDPA. PL20140001643, which is in rejection status, and not yet approved by Collier County as an additional parking lot. Past Order(s): On May 26, 2016 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 5278 PAGE 2555, for more information. The violation has been partially abated as of May 27, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Part C of the Order: Fines have accrued at a rate of$200.00 per day for the period from September 24, 2016 to October 28, 2016. (35 days) for a total fine amount of$7,000.00 Fines continue to accrue. Previously assessed operational costs of$64.59 have been paid. Operational Costs for today's hearing: $62.61 Total Amount: $7,062.61 0 COLLIER COUNTY, FLORIDA TA ts CODE ENFORCEMENT BOARD CEB CASE NO.CELU20150022253 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. LA SORIANA INC,Defendants) AFFIDAVIT OF PARTIAL COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Steven Lopez-Silvero, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn,deposes and says: 1. That on May 26, 2016, 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 5278 PG 2555, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 31, 2016. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by ceasing and desisting all prohibited use for overflow parking on unimproved property. FURTHER AFFIANT SAYETH NOT. DATED this 20th day of October,2016. COLLIER COUNTY, FLORIDA CODE ENFORCE%• T VARD Steven Lopez-Silvero Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER OC Swo o(or affirmed)and sub- •ed before me this day of 2016 by Steven Lopez-Silvero _.--. Ais ;girt, ;.a ( ig #ot.. ,Public) ` �%/ ,,` Danny Blanco =� r a Commission#FF984545 1: ` ,,• t "` Expires: April 21, 2020 *Fi, Bonded thn i Aaron Notary (Print/Type/Stamp Commissioned Name of Notary Public) ''��nu++" Personally known Ni CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20150022253 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LA SORIANA INC, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use 2.02.03 LOCATION OF VIOLATION: No site address, Folio No. 25631080005 — SERVED: LA SORIANA INC, Respondent Steven Lopez-Siivero, 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. • Danny Blanco 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 las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo let an angle.Nou pan gin mown you fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret you pale you-ou. INSTR 5272274 OR 5278 PG 2555 RECORDED 6/1/2016 11:45 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.—CELU20150022253 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. LA SORIANA,INC., Respondent. ORDER OF TH REki"kii ENT BOARD THIS CAUSE came on for publ'i�cear'mg before the Code Efnt Board on May 26, 2016, and the Code Enforcement Board,having heard tes inion under oath,received evidenc and heard argument respective to all appropriate matters,hereupon issues{1ts F).nd , sof Faet-and-Or4er•>of the de Inforcement Board,as follows: I 7 :IN. � 0 OILANL' \ ( i( 1 ,, V 1. Respondent,LA SORIA .61,,5,)‘1C. is goo f h-subjec pr.pe ,, 2. Respondent was notified o s•ate of hearing by certify. ma}� an ,p ing and the Code Enforcement Board has jurisdiction of thi�, '.-r. ! 3. At the hearing,the Respondent n, ,ed�' to a Stipulation,} 4 ttached hereto as Exhibit"A". The Stipulation is adopted as an Order 4he EnfoFeement~Wo 8 and the Respondent is ordered to comply. �1� y 4. The seal property located at Folio#25631080005,No Site Address, (Legal Description: CARSONS ADD BLK 9 LOTS 4&5) is in violation of Collier County Land Development Code 04-41,as amended,Section 2.02.03 in the following particulars: Using vacant lot as overflow parking without an approved SDPA.PL20140001643,which is in rejection status,and not yet approved by Collier County as an additional parking lot. 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 2.02.03. ^ B. Respondent must abate all violations by ceasing and desisting all prohibited use for overflow parking on unimproved property on or before May 27,2016 or a fine of$100.00 per day will be imposed until the violation is abated. OR 5278 PG 2556 A C. Respondent must further abate the violation by obtaining an approved Site Development Plan if such use for overflow parking is to be taking place AND obtaining any and all required Collier County Building Permits,inspections,and Certificate of Completion/Occupancy for proposed overflow parking lot on or before September 23,2016 or a fine of$200.00 per day will be imposed until the violation is abated. D. 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. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$64.59 on or before June 25,2016. F. Respondent shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspectionmaybe performed to confirm compliance. ,' DONE AND ORDERED thisday of #144..L.1 ,2016 at Collier County,Florida. CODE ENF•I. MENT BOARD e - : CO Y,FLORID • /<: `''f BY: /! c!*"is:'s��e-� L, •o:-rt K lViiill/. STATE OF FLORIDA ) t/ `gip •,.I, .. - . oe Drive <. 34 - 4 / � .... ........... COUNTY OF COLLIER) ()SS: i(,..} ) 1 ..) ) ,, t \ f The foregoing instrument was ackn e'\Iged`before e'thisv%day _1. A t 2016,by Robert Kaufman,Chair o a •de Enforcement Board f Col ier ,puri, ,Florida,who is t- personallyknown to me or i y " ho has produced • Flom�a e ri a License as identification. / ) \\\ % .43".:`..;:;',,,, KERRY ADAMS \.,,� Yr. *. t4}% * MY COMMISSION#FF 139721 r , uf' EXPIRES:July 8,2018 ' � 5 if expires: 4r-,of,,, Bonded Thru Budget Notary Services 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct c9py of this ORDER has been sent by U. S. Mail to LaSoriana, Inc.,4027 Albany Road,LaBelle,FL 33935 thi'_day of'G,,i,2016. State of Florida County of COW"Lf l ;?,-,1',',' I HERgi'`'C{3f '.Y'r1 F tf i$ is a true and Code Enforce ent Official corre opy of""A du'cuni t.Olj_file in Boardriitiut4S- tail Recofds o oilier County 0TN.ny Jean¢arid offi>;fai seal this 1. 6V of DW T.E.BRoCk,_Ct.RK OF COURT *** OR 5278 PG 2557 *** 3 ► 3� BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. Case No. CELU20150022253 LA SORIANA INC. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, La Soriana Inc., or David Esquivel 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 CELU20150022253 dated the 19th day of January, 2016. 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 May 26, 2016; 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: R Ct 1) The violations noted in the referencec4t afld re curate and I stipulate to their existence. THEREFORE, it is agreed between the parties-that-the Respondent halls, 1) Pay operational costs in them 59 i ie b ros�cution of this case within 30 days of this hearing. i / \\,„,/ 2) Abate all violations by cepa :i a� istfn r pro brfed �uze for overflow parking on unimproved property within 3\ of,this hearing or me of,$ .00 per day will be imposed until the violation is abated. �, /�} 3) Obtaining an approved Site De lq nt,,Plan if su h ru g >3r overflow parking is to be taken place AND obtaining any/all regtiie9� tilding Permit(s) inspections, and Certificate of Completion/Occupancy for rooppos�e overflow parking lot within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 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 Win /11/VIA# C,41 R ondent or Representative (sign) Joe ucha, Supervisor For Michael Ossorio, Director Code Enforcement Division 1�01 �s u,`de/ 5 - l (3 - t (o Respondent or Rep sentative (print) Date f)/e SI-OzAT Date REV 3-29-16, COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CELU20150022253 COLLIER COUNTY t•'• BOARD OF COUNTY COMMISSIONERS,Petitioner vs. LA SORIANA INC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Steven Lopez-Silvero, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 26, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5278 PG 2555. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 27,2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of September, 2016. COLLIER COUNTY,FLORIDA CODE ENFO 'NT BOARD Steven Lopez-Silvero Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this ,--?7 day of SeD--Pvvi\De ,2016 by Steven Lopez-Silvero _7 � PUB (Signature of Notary Public) 4�' ,.-••.•;�,0 (LIANA BURGOS _ * MY COMMISSION#FF 221785 ti.;'qpi EXPIRES:April 19,2019 ' z,c)CP Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known TA COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150003265 Hearing Date: 10/28/2016 Board of County Commissioners vs. WILLIAM T.CABAL Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A). Location: 5941 Copper Leaf Ln,Naples Folio: 38166040002 Description: Unpermitted structures and exterior lighting in the rear yard Past Order(s): On June 30, 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 5178 PAGE 2304, for more information. On January 29, 2016, a Continuance was granted. See the attached Order of the Board, OR 5241 PAGE 1391, for more information. On July 28,2016, a Continuance was granted. See the attached Order of the Board, OR 5301 PAGE 938, for more information. The violation has not been abated as of October 28, 2016 FINES AND COSTS TO DATE ARE AS FOLLOWS Fines have accrued at a rate of$250.00 per day for the period between December 28, 2015 and October 28, 2016 (306 days) for a total fine amount of$76,500.00 Fines continue to accrue. Previously assessed operational costs of$63.75 have been paid. Operational Costs for today's hearing: $63.81 Total Amount to date: $76,563.81 Revised COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150003265 Hearing Date: 10/28/2016 Board of County Commissioners vs. WILLIAM T.CABAL Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A). Location: 5941 Copper Leaf Ln, Naples Folio: 38166040002 Description: Unpermitted structures and exterior lighting in the rear yard Past Order(s): On June 30, 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 5178 PAGE 2304, for more information. On January 29, 2016, a Continuance was granted. See the attached Order of the Board, OR 5241 PAGE 1391, for more information. On July 28,2016, a Continuance was granted. See the attached Order of the Board, OR 5301 PAGE 938, for more information. The violation has been abated as of October 25, 2016 FINES AND COSTS TO DATE ARE AS FOLLOWS Fines have accrued at a rate of$250.00 per day for the period between December 28, 2015 and October 25, 2016 (303 days) for a total fine amount of$75,750.00 Previously assessed operational costs of$63.75 have been paid. Operational Costs for today's hearing: $63.81 Total Amount to date: $75,813.81 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Voluntarily obtained permits through Certificate of Completion c) Any previous violations committed by the Respondent/violator: None d) Any other relevant factors: Property owner worked closely with permitting and Code Enforcement to come into compliance. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150003265 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CABAL,WILLIAM T,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Virginie Giguere, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 30, 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 asp tated in the Order recorded in the public records of Collier County, Florida in OR Book 3148 PG 2304 et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 25, 2016. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by all violations were abated; permits received Certificates of Completion. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of October, 2016. COLLIER COUNTY, FLORID CODE ENFORCEM..3N :0 'RD irginie Giguere Code.Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)a. . subscribed before me this 26th day of October, 2016 by Virginie Giguere A III ---.0-1 . ,•. �V'd�/. Danny Blanco (Signature o Jtary 'ublic) ,h �= Commission#FF984545 Expires: April 21, 2020 o Bonded thru Aaron Notary (Print/Type/Stamp Commissioned Name of Notary Public) ",1Hfl � Personally known J CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150003265 COLLIER COUNTY, FLORIDA, Plaintiff, vs. WILLIAM T CABAL, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06 (B)(1)(a) LOCATION OF VIOLATION:5941 Copper Leaf LN, Naples SERVED: WILLIAM T CABAL, Respondent Virginie Giguere, 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. Danny Blanco 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 las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin noun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 5153526 OR 5178 PG 2304 RECORDED 7/28/2015 8:51 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.—CESD20150003265 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WILLIAM T.CABAL., Respondent. __ ~A I4 `IIj ti � ORDER O E DE ENF026 T BOARD THIS CAUSE came on for iablici i efore the Code Enf cem t Board on June 30,2015, and the Code Enforcement Board, having lard testis n er oa ic ived evidenc and heard argument respective to ..— all appropriate matters,hereupon issues fits _ ings. -`ac' 0: •r er of the Code Enforcement Board,as follows: f FINDI GS P. ' F ' l 1. Respondent,WILLIAM' `A AL,is the owner of this ubje t pro �'� t)i, ''mJ ii 2. Respondent was notified of tfi�"' e of hearing by certifier%ail,(cl9psting and the Code Enforcement Board has jurisdiction of this `att j �y i 3. At the hearing,the Respondent entere4 i its iiula=t r(�eb is attached hereto as Exhibit"A". The Stipulation is adopted as an Order of the Coa4 .r:`. •me it Board and the Respondent is Ordered to comply. 4. The real property located at 5941 Copper Leaf Ln,Naples,FL,Folio# 38166040002 (Legal Description: GOLDEN GATE EST UNIT 30 W 150 FT OF TR 70) is in violation of Building and Land Alternation Permits.(permits, inspections, certificate of occupancy required), Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(a)in the following particulars: Unpermitted structures and exterior lighting in the rear yard. 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 Building and Land Alternation Permits(permits,inspections, certificate of occupancy required),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 Permit(s)or Demolition Permit,inspections and Certificate of Completion/Occupancy by December 27,2015 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. 1 1 OR 5178 PG 2305 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$63.75 on or before July 29,2015. 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. DONE AND ORDERED this Z3 day of Sul j ,2015 at Collier County,Florida. CODE E I ••CEMENT BOARD CO R CO I TY,FLO? • • it'e!'�'T� ufm• C STATE OF FLORIDA ) :'a c lir s lrio ive {�� aples, :•��r,�p, )SS:COUNTY OF COLLIER) / The foregoing instrument was ackn{bwl •-• .• ore as-£h �--2 d . 1 , 2015/by Robert Kaufman, Chair o the odrei r ea e. ;TB 1,17 o o i oun�Florida,who is �/ personally known to me o 4'ho h s ro uc-. ail, • id. 0r 'er s Lidense as identification. ".''',Y P(�,,, ANIS -S I • , ( F--q t * , '�`` * MY COM ISIS• #FF 215935 lj Ill,— EXPIRE 30,2019 KOC✓• •.Y - :L C '-J I ��4,-,,,00O! Bonded Thru Q Services '*r' �} 3 My commissiop x PAYMENT OF FINES: Any fines or o'•b ae„p id pursuan A o Order may be paid at the Collier County Code Enforcement Department,2800 North ors'hge-D ci' � 34104,Phone: (239)252-2440,Website: www.colliergov.net. Any release of lien or con ma€ihn 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 I HEREBY CERTIFY that a true and co ect copy of this ORDER has been sent by U. S.Mail to William T. Cabal,PO Box 12216,Naples,FL 34101 this43(P• •: 2015. . ...6 -'a,•a :srry •e 'icola,\squire • oridBar No.968900 Attu((ney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)261-6909 *** OR 5178 PG 2306 *** BOARD OF COUNTY COMMISSIONERS *k° Collier County, Florida Petitioner, vs. Case No. CESD20150003265 William T. Cabal Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Cabal fT•W kki xam , 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 CESD20150003265 dated the 10th day of March, 2015. 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 fo•3o•IS;to p ote-effi 'ency in the administration of the code enforcement process; and to obtain a quick and expetio ss iiiffoo. hey matters outlined therein the parties hereto agree as follows: .. _, 1) The violations noted in the refere, cdotice of Violation a cc\rate and I stipulate to their existence. Unpermitted structures and ext Tior ffgl ting-i• the rear ard. '\ I la , -.. . THEREFORE, it is agreed between th� a' \,.1\ii.4 t ,e a pale p all; 1 Pa operational costs in th i u kt r e oc�,Y pc' red r t e r s�cution of this case within 30 days of this hearing. ‘, FT. 2) Abate all violations by: Obtill all required Colli- Co my yi ing Permit(s) or Demolition Permit, inspections, and Certificate .mpletion/Occuparl,v thi 'l O days of this hearing or a fine of $25b.�°per day will be impo d' til the violation is a•- e&) 3) Respondent must notify Code Elf " int within 2,441* cif abatement of the violation and request the Investigator perform a site ins `eio . rgn fe lance. (24 hours notice shall be byphoneor fax and made during the wo7k* -it`.th brrild 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that Is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner., �� \` '2espon or Re resentative (sign) rQr Jeff Wright, Director Code Enforcement Department 'A/;ai 6�. Co- a5 i5 Respondent or Representative (print) Date Date REV 1/2/15 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD Pn.* CEB CASE NO.CESD20150003265 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. CABAL,WILLIAM T,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Virginie Giguere,Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 30, 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 Book 5178 PG 2304 . 2. That the respondent did not contact the investigator. 3. .That a re-inspection was performed on December 28, 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: violations remain FURTHER AFFIANT SAYETH NOT. DATED this 28th day of December,2015. COLLIER COUNTY, FLO:D4 CODE ENFORCEME 7.T O/ D / Virginie -.guere Code E forcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 28th day of December,2015 by Virginie Giguere 460V',N, KERRY ADAMS (S. nature of Notary Public) MY COMMISSION#FF 139721 t;_>,, EXPIRES:July 8,2018 • ,- T"TF of rtoe>° Bonded Thru Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ii INSTR 5227320 OR 5241 PG 1391 RECORDED 2/11/2016 10:31 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.—CESD20150003265 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WILLIAM T.CABAL, Respondent. ORDER OF M FitCE NT BOARD 1 bef THIS CAUSE came on for puljlid� mg before the Code E'abrekn\e t Board on January 29,2016,and the Code Enforcement Board,having co Sider pon nt's Motion for Cntinu ce and being duly advised in the premises,hereupon issues its Find' gs o r ac llusions o and Order o,the Code Enforcement Board,as follows: 1►1I G F e f lievor Respondent is charged wi 4 . ation of Collier Coun and eve pari nt Code 04-41,as amended, Section 10.02.06(B)(1)(A),etb- following particulars: UnpermitteI r res and exterior ligh g•All&rear yard 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 April.28,2016. 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 3 ,2016 at Collier County,Florida. COD = • •• • MENT !ARD OLLIER CO TY ORIDA • ..- i�'�aufina+ . ir 2815 .rth Drive � .--s,Flo d. 104 *** OR 5241 PG 1392 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this°day of F-{3 , 2016,by Robert Kaufman,Chair of the Code Enforcement Board of Collier County,Florida,who is L,...---personally known to me or who has produced a Florida Driver's License as identification. 2ov-ti.Tsot, KERRY ADAMS �� , -- MY COMMISSION R FE 139721 NOTARY PUBL C * ill EXPIRES:July 8,2018 My commission expires: %,,„,,oe Seeded lhrir Budget Notary Services 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 fi)na a e-Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal th� aga i t e*iovo,but shall be limited to appellate review of the record created within the ohe mg. It is theles '`'i. i ty of the appealing party to obtain a transcribed record of the hearing from th r(c of Courts. Filing an 'ill not automatically stay the Board's Order. --, C TIF - • SE° 40 CE t. I HEREBY CERTIFY th t a i'e s d c rr�ct op p f i.je 4`••E Z h s bengisent by U.S.Mail to William T.Cabal,PO Box 12216,Naples, 1,.0U i' „b a*y, f' 140 "C-2.,,,, 14.I iy tilt ' ` Code Enf$ Ce —9n • ial ----. INSTR 5297945 OR 5301 PG 938 RECORDED 8/5/2016 9:32 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.=CESD20150003265 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. WILLIAM T.CABAL, • Respondent. ORDER OF TITEXCOVEINFCCEMENT BOARD THIS CAUSE came on for publikdlxhg before the CodeEn'fgcctm t Board on July 28,2016,and the Code Enforcement Board,having co iderdrRespondent's Motion for Cbptinn nce and being duly advised in the premises,hereupon issues its Findin s of Fac c elusions-e€L, ,and Oder o the Code Enforcement Board,as follows: F p GSr F AC 1 1. Respondent is charged wt i a i of Co gr Count' and 13eveloplit Code 04-41,as amended, Section 10.02.06(B)(1)(A),jn-;t le following particulars:A "/ `) Unpermitte{sTrue ures and exterior hghtfuOlikthe rear yard �r RDE "-' 0,) 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 September 26,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period. DONE AND ORDERED this I Cr- day of '5 ,2016 at Collier County,Florida. CODE ENFORC N DARD COLLIER CO - Y,FLORIDA Robert Ka. .4•r'"y. air 2800 Nort'"Noise oe P ve Naples, tori.'.4J.0- *** OR 5301 PG 939 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this iS(day of 5j 2016, by Robert Kaufman,Chair of the Code Enforcement B and of Collier County,Florida,who is ✓ personally known to me or who has produced a Flo ida Driver's License as identification. a °�Y P�B4� KERRYAOAMS NO ,ARY PUBL *, c.• * YE? COMMISSION 9 FP 138721 Mycommission expires: ",, `�',� EXPIRES:July 8,2018 e0'F1.O Bonded Nu Budge(NotaryServices 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 fins • o er-ofthe-Bs and to the Circuit Court within thirty(30)days of the execution of the Order appealed. An app-. at b xe - `d novo,but shall be limited to appellate review of the record created within the of among'. 1t is tTie rpof�Sai ity of the appealing party to obtain a transcribed record of the hearing from ' yk of Courts. Filing an`Ap , al ill not automatically stay the Board's Order. - O CERTIFI CAT F SERVICE /7 fit"...es.] I HEREBY CERTIFY that a t n`te Eind cc rr ttop bf fitts,0 B has be4n sent by U.S.Mail to William T.Cabal,PO Box 12216,Naples, 13 0` , �'"3day of P \:..er, ode Enforcem-,bcial County of COLLIER 1 Hrr=;E3'>'"o' 'tite1; T`t}l;s is a true and coned r,"4,11r''Vc"iir.�;t •,, rf, `'of _..:.:rCounty 21 uliS DVV r . t ;3C.• CiK OF COUR S TA R COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20150023030 Hearing Date: 10/28/2016 Board of County Commissioners vs. Patrick J Browne and Beatriz Z Perez Violation(s): Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction in Right of Way, Division 1, Generally, Section 110-31(a) Location: 203 Willoughby DR, Naples FL Folio: 164960002 Description: A culvert/drainage pipe in need of repair or replacement. Past Order(s): On May 26, 2016 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 5278 PAGE 2542, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period from September 24, 2016 to October 28, 2016. (35 days) for a total fine amount of$5,250.00 Fines continue to accrue. Previously assessed operational costs of$65.01 have been paid. Operational Costs for today's hearing: $62.61 Total Amount: $5,312.61 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20150023030 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PATRICK J BROWNE AND BEATRIZ Z PEREZ, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Chapter 110, Roads and Bridges, Article II, Construction in Right of Way, Division 1, Generally, Section 110-31(a) LOCATION OF VIOLATION:203 Willoughby DR, Naples SERVED: PATRICK J BROWNE AND BEATRIZ Z PEREZ, Respondent • Patrick Baldwin, Issuing Officer RESPONDENTS REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. SPO ARE 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. Danny Blanco 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 idioms Ingles.Servicios the traduccion no seran disponibles en le audiencia y usted sera responsable de proveer su propio traductor,para un mejor entefdirniento 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 you-ou. INSTR 5272268 OR 5278 . PG 2542 RECORDED 6/1/2016 11:45 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.—CEROW20150023030 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. PATRICK J.BROWNE and BEATRIZ Z.PEREZ, Respondents. ORDER OFF` ,E (3DE-ENFO EI•'IENT BOARD -(112 THIS CAUSE came on for pa ien g before the Code En cem nt Board on May 26, 2016, and the Code Enforcement Board,having helard te, tit n under-oatl ec,,eived evince d heard argument respective to all appropriate matters,hereupon issue?its Finding o 'acan Order f the C ,e Enforcement Board,as follows: (I/ I � ]�NDI g��Fi � � � � �B 1 1. 1. Respondents,PATRICK '1 �an.::EA NI"k PEI*are /owners the subject property. ', 21 nt 2. Respondents were notified e ate of hearing by ce" dna ni sting and the Code Enforcement Board has jurisdiction of this „Ns �t O/ 3. At the hearing,the Respondents entered to`aStipula off'�`� jellis attached hereto as Exhibit"A". The Stipulation is adopted as an Order of bdre n(gr4.e ce [-•Board and the Respondent is ordered to comply. ~�� 4. The real property located at 203 Willoughby Drive.,Naples,FL,Folio# 164960002(Legal Description:24 48 25 BEG SW CNR LOT 92 OF WILLOUGHBY ACRES,S 115 FT TO POB,E 170 FT,S 115 FT,W 170 FT, N 115 FT TO POB) is in violation of Right of Way Permits, Collier County Code of Laws and Ordinances,Chapter 110,Roads and Bridges,Article II,Construction in Right of Way,Division 1,Generally, Section 110-31(a)in the following particulars: A culvert/drainage pipe in need of repair or replacement. 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 Right of Way Permits,Collier County Code of Laws and Ordinances,Chapter 110,Roads and Bridges,Article II,Construction in Right of Way,Division 1, Generally,Section 110-31(a). B. Respondent must abate the violation by applying for and-obtainingall required Collier County Right Of Way Permit(s)and inspections through final approval and/or remove all offending materials from Right of Way for any activity not permitted with a valid Collier County Right of Way permit on or before September 23,2016 or a fine of$150.00 per day will be imposed until the violation is abated. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEROW20150023030 , COLLIER COUNTY BOARD OF COUNTY COMIVIISSIONERS,Petitioner vs. BROWNE,PATRICK I BEATRIZ Z PEREZ,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 26, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5278 PG 2542 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 26th,2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:Permit number PRROW20160520232 has not been finalized. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of September,2016_. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD atrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to or affirmed)and su scribed before me this 29th day of September ,2016_by Patrick Baldwin 160 (Signature of Notary Public) #001 =01.;;'ee„ NEIL C.DAY tA i * MY COMMISSION#FF 046477 EXPIRES:August 26,2017 qT._"' Or Doodad ThruaudgetNotary Services (Print/Type/Stamp Commissioned Name of Notary Public) FOFr`a Personally known TA a 61 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150011320 Hearing Date: 10/28/2016 Board of County Commissioners vs. Kelly Baker Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 259 Gladys Ct, Copeland FL Folio: 01132480005 Description: Single wide mobile home with utility shed staged on improved unoccupied residential property without first obtaining the required permit(s), inspections, and certificate of occupancy/completion. Past Order(s): On May 26, 2016 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 5278 PAGE 2558, for more information. The violation has not been abated as of October 28,2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from September 24, 2016 to October 28, 2016. (35 days) for a total fine amount of$7,000.00 Fines continue to accrue. Previously assessed operational costs of$65.43 have not been paid. Operational Costs for today's hearing: $62.31 Total Amount: $7,127.74 via COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150011320 Hearing Date: 10/28/2016 Board of County Commissioners vs. Kelly Baker Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 259 Gladys Ct, Copeland FL Folio: 01132480005 Description: Single wide mobile home with utility shed staged on improved unoccupied residential property without first obtaining the required permit(s), inspections, and certificate of occupancy/completion. Past Order(s): On May 26, 2016 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 5278 PAGE 2558, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from September 24, 2016 to October 28, 2016. (35 days) for a total fine amount of$7,000.00 Fines continue to accrue. Previously assessed operational costs of$65.43 have been paid. Operational Costs for today's hearing: $62.31 Total Amount to date: $7,062.31 \ \ \ \ \ \ - \ : \ \ \ \ . \t \ • 1 I L \ gib, • ' ilir..-., ... \ \CZ' i \ \ ' \ Vc.,,,.. -4--- •ft. \t• E\i • _ t„, 4,i \ , \ , , . :.=.. ... „ ft fa ' \ ' I\ \ \ 1 \ \ ' . . • \ \ . ' \ .:If \-612I . \ \ \ ... i . ', \ \ \rn\ \ \ \ \Cf \\ \ i \ \ \ 4 . -, , , 1---\ , \ , . 4 \w . 1 \, \\, \ k \ \ ' \\,i \ \ IP \ - - •T' \ \C) \ \\\ \\I -- '\ ..„ .\ . '-\t. 7 '' l • F \ \ 1.—'/ 1 \ \ \ \ \ c)0‘ \\ \\ \ tC) \ \ '<1. \ \ \ i 1 \ . ._.. . . , .._ .. . . (1) - . . .....S4 . . .. f. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150011320 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KELLY BAKER, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:259 GLADYS CT, Copeland SERVED: KELLY BAKER, 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. Danny Blanco COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU AREA 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 idioms 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 fel an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. INSTR 5272275 OR 5278 PG 2558 RECORDED 6/1/2016 11:45 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.-CESD20150011320 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. KELLY BAKER, Respondent. / ORDER OF THEI l E1ii*E-MENT BOARD THIS CAUSE came on for puhlie�g before the Code �`foic�e ent Board on May 26, 2016, and the Code Enforcement Board,having heard tes,jrt ony under oath,received e gdenc and heard argument respective to all appropriate matters,hereupon issues is Find s of Fa id„Or_dp-of the de nforcement Board,as follows: \--" 1-1 'ow,(GS ti IP , 7 \ 1. Respondent,KELLY B• . • tie.. neat . a'ect prt�pecey. tt 2. Respondent was notified o e.ate of hearing by certi�ma and ostiing and the Code Enforcement Board has jurisdiction of thi y, -r. CV 3. Respondent,having been duly\$t fi� , id not appear at t -}k .but entered into a Stipulation,which is attached hereto as Exhibit"A��ttp. atian-is-ado to ii s d Order of the Code Enforcement Board and.the Respondent is ordered to comip CIF,-."-1,-"- 4. The real property located at 259 Gladys Ct.,Copeland,FL 34137,Folio#01132480005(Legal Description: 13 52 29 UNREC'D LOT"13,MAC'S PARK DESC AS:COMM 3 '/d CNR,N 68 DEG W 987.57 FT,S 42 DEG,W 37 FT,N 52 DEG W)is in violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)in the following particulars: Single wide mobile home with a utility shed staged on improved unoccupied residential property without first obtaining the required permit(s),inspections,and certificated of occupancy/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. Respondent is found guilty of violating Collier County Land Development Code 04-41,as amended, 10.02.06(B)(1)(a). B. Respondent must abate all violations by obtaining the required Collier County Building Permit(s),or Demolition Permit,inspections and Certificate of Completion/Occupancy on or before September 23, 2016 or a fine of$200.00 per day will be imposed until the violation is abated. OR 5278 PG 2559 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$65.43 on or before June 25,2016. 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��day of 4 ,2016 at Collier County,Florida. CODE ENFORC 141 NT BOARD COLLIER Co "• ,FLORIDA 4 . �' BY: �JJ� !"L R.+e aufinavr'�' STATE OF FLORIDA ) -2,80e 4•rth H• •• D ve )SS: ' T.-, a COUNTY OF COLLIER) j ,` - `\ ,1N, The foregoing instrument was ackno led edt e m thisp��,rday of /,,,- 2016,by Robert Kaufman,Chair ofe ode Enfor em- :oard oil Collier oun, , lorida,who is V personally known to me or rw + p •+ e:- o .4-7131iW Li tense as identification. Ir ti. rot�Rv°fyc KERRY ADAMS ►� _ !a I F MY COMMISSION&FF 139721 •T• rm 1 IIIb'',4 EXPIRES:July 8,2018 r9rEpF"F`oes` •Bonded ThN Budget Notary Services 'O My comma• n expir s;,,i PAYMENT OF FINES: Any fines o • • o be paid pursuant to h tdt=` gay be paid at the Collier County Code Enforcement Department, 2800 North ;�ofs�•e Drive, Naples '3ll04, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien "'"�` ii Y ia'hnn-•a ip`l ,`or confirmation of the satisfaction of the obligations of this Order may also be obtained arttkin 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 co? Ect copy of this ORDER has been sent by U.S.Mail to Kelly Baker, PO Box 684,Chokoloskee,FL 34138 this-P 7lay of IN.AC ._t 2016. State of Florida G"r---( County of COLLIER ode Enforcement Official I HEREBY CERTIFY THAT this is a true and correct copy of a document on file in Board tlinutes and.R;i'c'dt of Collier County - VAIN,- 'my h-,;d:and c e l,5eal this day of i• i .:. . DWIGHT E. BigOCK, .~-ERK.OF COUR.S *** oR 5278 PG 2560 *** * I1 TY i- 1 0 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20150011320 Kelly Baker, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Kelly Baker, 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 CESD20150011320 dated the 6th day of July, 2015. 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 May 26th, 2016; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and dttious resolution of the matters outlined therein the parties hereto agree as follows: -V�CO 1)The violations noted in the referenced 4+� io�"`latfon ares 4,7,,and I stipulate to their existence. z A single wide mobile home and utili shepd(s taged.�on improved u ccupied residential property without first obtaining the required permit(s), insp?ctior's, a" rtitica a ccupari y/apmpletion. THEREFORE, it is agreed between e a t�°j ,s s ni ail; j f 11 1) Pay operational costs in the -ef$ . ' in urt d in`The-prc e'6ution of this case within 30 days of this hearing. /�1 2) Abate all violations by: Obtai 1 II required Collier2 ,su 't �'ldiing Permit(s) or Demolition Permit, Inspections, and Certifict p mpletion/Occupaq thin 120 days of this hearing or a fine of$200 per day will be imposed lt. abated. 3) Respondent must notify Code Enforcement thin hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. k-fde ,i 6Q-12ii4 . ci Responderor Representative (sign) Jos Mucha, Supervisor for Michael Ossorio, Director Code Enforcement Division, Director Code Enforcement Department Ke-t1L1 L Bt ,erg 5 - 2Li - 16, Respondent or Representative(print) Date 5 - i,5- - f Date REV 1/2/13 g 0 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20150023031 Hearing Date: 10/28/2016 Board of County Commissioners vs.Veronica Tressler, Barbara Dethloff, and Elizabeth Lucky Violation(s): Collier County Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction in Right of Way, Division 1, Generally, Section 110-31(a). Location: 231 Willoughby DR, Naples Folio: 161080008 Description: A culvert drainage pipe in need of repair or replacement. Past Order(s): On May 26, 2016 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 5278 PAGE 2569, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period from September 24, 2016 to October 28, 2016. (35 days) for a total fine amount of$5,250.00 Fines continue to accrue. Previously assessed operational costs of$65.85 have been paid. Operational Costs for today's hearing: $62.31 Total Amount: $5,312.31 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20150023031 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VERONICA TRESSLER, BARBARA DETHLOFF AND ELIZABETH LUCKY, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW 110-31(a) LOCATION OF VIOLATION:231 Willoughby DR, Naples SERVED: VERONICA TRESSLER, BARBARA DETHLOFF AND ELIZABETH LUCKY, Respondent Patrick Baldwin, 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. Danny Blanco 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 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 5272279 OR 5278 PG 2569 RECORDED 6/1/2016 11:45 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 INDX $1.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.–CEROW20150023031 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. VERONICA TRESSLER,BARBARA DETHLOFF and ELIZABETH LUCKY, Respondents. ORDER OF ? E ENFOI�C tV NT BOARD ,� �'' ---N-4,::."2,:\ THIS CAUSE came on for publi aring before the Code En cement Board on May 26, 2016, and the Code Enforcement Board,having he d to til _undue-oath,•.r.Ppived evi nce d heard argument respective to all appropriate matters,hereupon issue its findings o ac :an. Order\f the Cd 1e E forcement Board,as follows: ..—... ..------)( 1G F, A T ,1 1 1. Respondents,VERONIC SSI, •, : . •.: TH i la t'IZABETH LUCKY,are the owners of the subject prop,rkt\ �%Ir , ), 2. Respondents were notified o `h", e of hearin b certifie til P g y ., posting and the Code Enforcement Board has jurisdiction of this m ;,, ,. / 3. Respondent,havingbeen dulynotifie , c.} e �- P � a�at�l��,.public hearing. 4. The real property located at 231 Willoughby Dr.,Naples,FL 34110,Folio# 161080008 (Legal: 24 48 25 COM SW CNR LOT 92, WILLOUGHBY AC,E 170 FT TO POB,E 280.84 FT, S 230 FT,W 280.84 FT, N 230 FT TO POB)is in violation of Collier County Laws and Ordinances,Chapter 110,Roads and Bridges, Article II, Construction in Right of Way, Division 1, Generally, Section 110-31(a) in the following particulars: A culvert drainage pipe in need of repair or replacement. 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 Laws and Ordinances,Chapter 110,Roads and Bridges,Article II,Construction in Right of Way,Division 1,Generally,Section 110-31(a). B. Respondents must obtain all Collier County Right of Way permit(s)and inspections through final approval, and/or remove all offending materials from the right-of-way for any activity not permitted with a valid Collier County Right of Way permit on or before September 23,2016 or a fine of$150.00 per day will be imposed for each day the violation remains thereafter. *** OR 5278 PG 2570 *** 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$65.85 on or before June 25,2016. 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 i day of/?,4C <1 ,2016 at Collier County,Florida. CODE ENFORCEMENT BOARD R CO P ,FLORID • 4111101rAdr_,4,, ,if jili.1109:4— _ ___ Rob: . aufma,r STATE OF FLORIDA ) 2'.0 lorth • .• • Drive ter.:.le F v. 34104 )SS: C COUNTY OF COLLIER) 0\;"- ---- \,, `- ).,a The foregoing instrument was ackno edge before me this 7 qday of\ 4.1 , 2016,by Robert Kaufman,Chair of yhe C f del' of rcerhent Boa14fo Collie Cou\ty,Florida,who is (,...c personally known to me or / who has ,,...\ tock a -+ a Flon•a Drive's Li ense as identification. ! \r Pis KERRY ADAMS I ..r * MY COMMISSION#FF 139721 n sia�,— 1-4--'_-' _ s ' ri'•c EXPIRES:July 8,2018 �t T U• 11(:)41/ �''eof or r Bonded Thru Budget Notary Services My commrs '9n e pir ) r5 , .0 PAYMENT OF FINES: Any fines ore ' o be paid pursuant to th a fowm'ay be paid at the Collier County Code Enforcement Department, 2800 North eek e Drive, Naples,,F. ,eC.3)04, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien o n f-c_pirellayor confirmation of the satisfaction of the obligations of this Order may also be obtained a cr t ..----- APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Veronica Tressler, Barbara Dethloff and Elizabeth Lucky, 231 Willoughby Drive, Naples, FL 34110 this;-7iay of r\ACA.•-\ ,2016. �� State of Florida - County of COLLIER Code Enfor•-merit Official I HEREBY CERTFY THAT this is a true and correct Copp5t 'c QcufInf on file in Board miNteig-apWcptid^gitof Collier County W T. &t 'lad Wffietal seal this day of Sp DWIGI$IE,ERPK; tKOF COURTS W` i.%,.AAA/! -''i COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEROW20150023031 /\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. TRESSLER,VERONICA BARBARA DETHLOFF ELIZABETH LUCKY,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Patrick Baldwin, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on May 26, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate violationas stated in the Order recorded in the public records of Collier County, Florida in OR Book 5278 PG 2569 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 26th,2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:nothing appears to have been done to abate the violation FURTHER AFFIANT SAYETH NOT. DATED this 29th day of September, 2016_. COLLIER COUNTY, FLORIDA COD ENFORCEMENT BOARD atrick Baldwin Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before me this 29th day of September ,2016_by Patrick Baldwin (17_0./ Si nature ot`Nota Public) otpRr AY�� NEIL g rY � . s � C.DAY * ? * MY COMMISSION#FF 040477 u°_ EXPIRES,August 26,2017 (Print/Type/Stamp Commissioned Name of Notary Public) �TarFOF BondedThru Budget Notary Services Personally known TA i 1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150024052 Hearing Date: 10/28/2016 Board of County Commissioners vs. K&R Hometech LLC Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A) Location: 4810 Aztec Circle, Naples Folio 63100120005 Description: Interior alterations consisting of, but not limited to the removal of interior walls, plumbing, and electrical work all done prior to obtaining Collier County Building Permits. Past Order(s): On April 29, 2016 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 5270 PAGE 2590, for more information. On August 26,2016, a -- Continuance was granted. See the attached Order of the Board, OR 5311 PAGE 1586, for more information. The violation has been abated as of September 29, 2016 FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period from July 29, 2016 to September 29, 2016. (63 days) for a total fine amount of$15,750.00 Previously assessed operational costs of$131.40 have been paid. Operational Costs for today's hearing: $63.51 Total Amount to Date: $15,813.51 MevisJ COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150024052 Hearing Date: 10/28/2016 Board of County Commissioners vs. K&R Hometech LLC Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A) Location: 4810 Aztec Circle, Naples Folio 63100120005 Description: Interior alterations consisting of, but not limited to the removal of interior walls, plumbing, and electrical work all done prior to obtaining Collier County Building Permits. Past Order(s): On April 29, 2016 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 5270 PAGE 2590, for more information. On August 26,2016, a Continuance was granted. See the attached Order of the Board, OR 5311 PAGE 1586, for more information. The violation has been abated as of September 29, 2016 FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$250.00 per day for the period from July 29, 2016 to September 29, 2016. (63 days) for a total fine amount of$15,750.00 Previously assessed operational costs of$131.40 have been paid. Operational Costs for today's hearing: $63.51 Total Amount to Date: $15,813.51 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Permit got Certificate of Occupancy c) Any previous violations committed by the Respondent/violator: None d) Any other relevant factors: Property owner worked diligently with Code to obtain voluntary compliance CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150024052 COLLIER COUNTY, FLORIDA, Plaintiff, vs. K&R HOMETECH LLC, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:4810 Aztec CIR, Naples SERVED: K&R HOMETECH LLC, Respondent Virginie Giguere, 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. Danny Blanco 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 INORDER TO PARTICIPATE IN THIS PROCEEDIN ,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 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.Siou pa pale angle tanpri vini avek yon intepret pou pale you-ou. INSTR 5262821 OR 5270 PG 2590 RECORDED 5/6/2016 4:25 PM 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.—CESD20150024052 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. K&R HOMETECH,LLC., Respondent. ORDER OF TLI C�O�D,v1x[I+OlICEMENT BOARD THIS CAUSE came on for publi�'_��,��ng before the Codeq cel�nent Board on April 29, 2016, and the Code Enforcement Board,having heard tes it ony under oath,received edent\and heard argument respective to all appropriate matters,hereupon issuesjlits F iidiri.gsAf Fabt-and-©rde7�of the Cede Enforcement Board,as follows: 7 f 77.. I• -GS 0 AV:7 7\ 4 1. Respondent,K&R HOMz'zE+e ,tLL�,,,ins t o Twit•r c the su eEt a e �� J Pf F rii Y �. i 2. Respondent was notified o e date of hearing by certifi� mail and p„osfmg and the Code Enforcement Board has jurisdiction of thi'�n{at r. -15?-, / /i y/ 3. At the hearing,the Respondent‘eiztikinto a Stipulation,yu11'3't is attached hereto as Exhibit"A". The Stipulation is adopted as an Order 4efo`de-EaforcetnnentU 'd and the Respondent is ordered to comply. L-L CIA:--‘2,-;'---- 4. The real property located at 4810 Aztec Circle, Naples, FL, Folio No. 63100120005 (Legal Description: NAPLES SOUTH UNIT 1,BLK 1,LOT 3) is in violation of Collier County Land Development Code 04- 41,as amended, Section 10.02.06(B)(1)(A)in the following particulars: Interior alterations consisting of,but not limited to the removal of interior walls,plumbing,and electrical work all done prior to obtaining Collier County Building Permits. 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)(A). B. Respondent must abate the violation by applying for and obtaining all required Collier County Building Permits or demolition permits,inspections and Certificate of Completion/Occupancy by July 28,2016 or a fine of$250.00 per day will be imposed for each day the violation remains thereafter. • 'bit 5270 PG 2591 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$68.79 on or before May 29,2016. E. Respondents shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspectiontimay be performed to confirm compliance. DONE AND ORDERED this J`CO day of i\-1.Awl ,2016 at Collier County,Florida. COP r ' I- . MENT BOARD OLLIER COU► Y,FLORI 0 • pm.-j ..,..,,,,ft aufm: y4,it - STATE OF FLORIDA ) , ,:t , .rse•S.�o- rive '' `aP r > . 104 )SS: COUNTY OF COLLIER) / t \ \ The foregoing instrument was ackn.wle ged before iot dky of ►.A •,.• /'\ 2016,,by Robert Kaufman,Chair o the Ff•._ is ftatcie ' 'e: o o is r sun , lorida,who is personally known to me o �y v ho s�¢Ftlodu as . o d D 'er'` Lie-rise as identification. ( 1'k ��°`.'f� /- ..�, ' ,,,0.Y PUBG KERRY ADAMS n *-� `�' c MY CAMMIS510N d FF 139721 NOTARY MLI * `Li?-. * EXPIRES:July 8,2018 i.t:. My commis t1 e p fe I N'6 oritio�4 Bonded ThmBudget Notary Services PAYMENT OF FINES: Any fines orde�d e„paid pursuant tot is. ler'may be paid at the Collier County Code Enforcement Department, 2800 North Hoosesho ve;N .e;;;T.11;.-3/4104, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien or canf �t 4n ktIO ri iece or confirmation of the satisfaction of the obligations of this Order may also be obtained at thisoca ion APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to K&R Hometech,LLC., 131 25th St.SW,Naples FL 34117 this ?jvpday of May,2016. State:-ot F.Iorida 1 v ,�,- . -� G+..-� CountyofCQLL.'iER•-- _ ° ~' '! `._ Co e Enforcement Official I HERfteitfteity: tt1Tis.Is a'true and correcteiticiy:of`a:docturie ori fill nt Board:lv]lrnine ite fRecdrds.al altrer.County WITWEStIr1y ii. "anAydolteia_hsealt this . 9i-v\ da • �✓ 2:4'A ' -,71 , DWIGHT E.BROCK,CLERK OF COURTS - i ,I& .„, *** OR 5270 PG 2592 *** 4.1 rp BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Case No. CESD20150024052 K&R HOMETECH LLC Respondent(s), STIPULATION/AGREEMENT 'I COMES NOW, the undersigned, MCt't Cu R x36-5 ,.on behalf of himself or noritt Las 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 CESD20150024052 dated the 10th day of February, 2016. In consideration of the disposition ar1{i re olutio�i of the mattes ou fined in said Notice(s) of Violation for which a hearing is currently scheduled fort• Eft -f14 i4 t ; to promote efficiency in the administration of the code enforcement process; and to oaraqdclxpeditious resolution of the matters outlined therein the parties hereto agree as folio X ..,i----' -4' 1� 1) The violations noted in the referertc e, fotice of Violation a agtrate and I stipulate to their existence. Interior alterations consisting obu ot-limited to; the remo'7al oNnterior walls, plumbing, and electrical work all done prior to obtainin Co)�fer of ty uildir g'p rmits THEREFORE, it is agreed thl/p kthlat h pynq e �Fsl all; , 1) Pay operational costs in the\{a �'c�rit-of tie red t zthe kosecution of this case within 30 days of this hearing. > I /^,, 2) Abate all violations by; Obta�r i,i all required Collie ot�inty B,T,/ding Permit(s) or Demolition Permit, inspections, and Certificate of on‘pletion/Occupancy vui h 0710 days of this hearing or a fine of $r-7b per day will be imposed i til e violation -a 'ed. 3) Respondent must notify Code EnfO erl —wt i�24ti'I i s of abatement of the violation and request the Investigator perform a site inspection-t- xifin eofipliance. (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 own c. ,,\ esplifttet: /-41,,,----) ent or epreseive (sign) f ori4„(/// istopher Ambach, Supervisor for Michael Ossorio, Director Code Enforcement Division /1/17 i6 0 r 4(.4lit Respondent or Representative (print) Date 04/.-/ */- /6 • ,--.. Date kepQ4i2.,e,tit. ( 67147614/ - REV 1-14-16 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD ^ CEB CASE NO.CESD20150024052 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. K&R HOMETECH LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Virginie Giguere, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 29, 2016, 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 a stated in the Order recorded in the public records of Collier County, Florida in OR Book S .) 0 PGas1 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on July 29, 2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: permit has not received the Certificate of Completion/Occupancy. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of July, 2016. COLLIER COUNTY,FLORIDA CODE ENFORCEIV4E T B I+ARD Virgiiie Giguere Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn tb (: affirmed)and subscribed before me this 29th day of July,2016 by Virginie Giguere • **. KERRY ADAMS � 0 MY COMMISSION#FF 139721 (Signature of Not. II"ubhc-) �— r ;fit EXPIRES:July 8,2018 Bonded Thru Budget Notary Services • FOF F� (Print/Type/Stamp Commissioned Name of Notary Public) Personally known INSTR 5309516 OR 5311 PG 1586 RECORDED 9/7/2016 12:14 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20150024052 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. K&R HOMETECH,LLC., Respondent. ORDER OF TI.IE-6;1:DE EI FORC11MIENT BOARD THIS CAUSE came on for pub,l :fig g before the Code Ei &stn nt Board on August 26,2016,and the Code Enforcement Board,having considers the testimony of the Code'orc ent Official,moved to continue this matter until the next hearing and bei k dui/ adlyisgd in the-premis�s;lhereupd iss es its Findings of Fact,Conclusions of Law,and Order of the Code Enf rcem'ent Board, fyl1b s: \ \ FINDIN`el OF tt AvT �r p1 t(``,i S 1ti`",r jt "„,, i i \A 4 7!L.,1 1. Respondent is charged w\th=awioration of`Collier'"Cc t�nty'Lan D'e iol pment Code 04-41, as amended, Section 10.02.06(B)(1)(A)xi tha following particulars: ,_�.. �� 1A ) i )/ Interior alterations consisting of, k`(n�of4imited to the removal f'ntg nr walls,plumbing,and electrical work all done pr, obtaining Col t unty Building Permits. C ItI E-,-.. Based upon the foregoing,and pursuant to the authority granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The board continues this matter until October 25,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period DONE AND ORDERED this 1ST day of 9 P r,2016 at Collier County,Florida. e:- • o•CEMENT BOARD COLLIER CO TY,FLORIDA ' Late Ui 1c'7Ja .., :•, 'OILIER B•. Ii,..4f Avail •obe Ka an, ai I F ERTGY CERTIFY THr ftI$,iS,a true and STATE OF FLORIDA ) 2800 or h Horse •- Drive co,r,of c n;.,p,,7t011 �l^In �••. Naples, • '•. 4104 1 s :��'' C A X44, i r County )SS: y"l ,s: ; `a��, 'f4,'�jLCku4:0jtflIS COUNTY OF COLLIER) ;; of %41.6 ; DWIGHT E.BRGC C'� ,r �?F°COIJ % ***" OR 5311 PG 1587 *** The foregoing instrument was acknowledged before me this/ `S 1 day of y p 2016,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. 7� KERRY ADAMS � * MY COMMISSION•#FF 139721 NOTARY PUBL C .,na:._ EXPIRES:July Notary Services�r�9rFOFF�°i° BoridedihNBudget NotaryServlces 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 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. CERTIF 3E-OFS.EItVICE I HEREBY CERTIFY that a truerf• coptthi ( R has been sent by U. S. Mail to K&R Hometech,LLC., 131 25th St.SW,NaplE F .34117 this ' day o 'SeR,2016. • } j0�/ COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150024052 t"1 COLLIER COUNTY BOARD OF COUNTY COMNIISSIONERS,Petitioner vs. K&R HOMETECH LLC,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Virginie Giguere,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on April 29, 2016, 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 S .?OPG a,S U et. seq. _ 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 29,2016. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by the permit received its Certificate of Completion/Occupancy. "1 FURTHER AFFIANT SAYETH NOT. DATED this 29th day of September,2016. COLLIER COUNTY, FLORIDA CODE ENFORCE► E T %OARD .14 Virginie ere Cod, nforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swor . or affirmed)and s . cribed before me this 29th day of September,2016 by Virginie Giguere Danny Blanco (Signature o t ota, Pu.lic) = ,i� '% Commission#FF984545 y' = Expires: April 21, 2020 �k Bonded thru Aaron Notary (Print/Type/Stamp Commissioned Name of Notary Public) Personally known /""N TA 11 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150017917 Hearing Date: 10/28/2016 Board of County Commissioners vs. Raffaele Fabrizio and Janice Fabrizio Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(a) Location: 3158 Saginaw Bay Dr, Naples FL Folio: 69770005842 Description: Pool permit PRBD20140514906 expired leaving the pool with no permanent safety barrier creating a health and safety hazard. Past Order(s): On February 25, 2016 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 5247 PAGE 3178, for more information. On July 28, 2016, a Continuance was granted. See the attached Order of the Board, OR 5301 PAGE 917, for more information. The violation has been abated as of September 30,2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from June 25, 2016 to September 30, 2016. (98 days) for a total fine amount of$9,800.00 Previously assessed operational costs of$64.59 have been paid. Operational Costs for today's hearing: $64.71 Total Amount to Date: $9,864.71 Kevis &J COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150017917 Hearing Date: 10/28/2016 Board of County Commissioners vs. Raffaele Fabrizio and Janice Fabrizio Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(a) Location: 3158 Saginaw Bay Dr, Naples FL Folio: 69770005842 Description: Pool permit PRBD20140514906 expired leaving the pool with no permanent safety barrier creating a health and safety hazard. Past Order(s): On February 25, 2016 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 5247 PAGE 3178, for more information. On July 28, 2016, a Continuance was granted. See the attached Order of the Board, OR 5301 PAGE 917, for more information. The violation has been abated as of September 30, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from June 25, 2016 to September 30, 2016. (98 days) for a total fine amount of$9,800.00 Previously assessed operational costs of$64.59 have been paid. Operational Costs for today's hearing: $64.71 Total Amount to Date: $9,864.71 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Permits got Certificate of Occupancy. c) Any previous violations committed by the Respondent/violator: None d) Any other relevant factors: Property owner worked diligently with Code Enforcement to voluntarily comply. CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150017917 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RAFFAELE FABRIZIO AND JANICE FABRIZIO, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:3158 SAGINAW BAY DR, Naples SERVED: RAFFAELE FABRIZIO AND JANICE FABRIZIO, Respondent Virginie Giguere, 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 TAU 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. Danny Blanco 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'ogles.Servicios the traducciori no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un major entendimiento con las comunicaciones de este evento.Porfavortraiga 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 5235255 OR 5247 PG 3178 RECORDED 3/3/2016 1:03 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.—CESD20150017917 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. RAFFAELE FABRIZIO and JANICE FABRIZIO, Respondents. F E N ORDER C-S-a1SE ENEOR li%IE T BOARD THIS CAUSE came on forublic,�1"i ' fore the Code Enfb cem\nt Board on February 25,2016,and the Code Enforcement Board,havi g herd t ' ony th, eceive &evidence and heard argument respective to all appropriate matters, hereup in issues its Findings f Fact d Ord of\the Code Enforcement Board, as follows: �/Y S FACT )F.�I I 1. Respondents,RAFFAEL , ZIO and JANICE F• A ' Z ,ar owners of the subject property. 2. Respondents were notified o dh e of hearing by certifie. a►a i d posting and the Code Enforcement Board has jurisdiction of this m'a � ` f 3. Respondents,having been duly notifie dl aar t public hearing through its duly authorized representative,James Bonaquist,Esquire. 4. The real property located at 3158 Saginaw Bay Dr., Naples, FL, Folio # 69770005842 (Legal: RIVERSTONE PLAT THREE LOT 278)is in violation of Collier County Land Development Code 04-41, as amended,Section 10.02.06(B)(1)(a)in the following particulars: Pool permit PRBD20140514906 expired leaving the pool with no permanent safety barrier creating a health and safety hazard 5. The violation has partly been abated as of the date of the hearing. At the hearing,the Code Enforcement Official testified that a permanent enclosure was permitted and constructed abating the safety barrier portions of the violation and abating the health and safety hazard;however,the expired permit for the pool remains expired. 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 June 24,2016 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. *** oR 5247 PG 3179 *** C. If Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriff's Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$6439 on or before March 26,2016. 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 2 $day of c::::t(( ,2016 at Collier County,Florida. CODE ENFORCEMENT BOARD CO gr=.L•UNTY,FLO: DA BY �Allirr 11 rmii ,� ufrn..' • STATE OF FLORIDA ) �. -8 v! ,4 . oe Drive r (7Naples,F tip,: • .04 / / )SS: / COUNTY OF COLLIER) — The foregoing instrument was acknowlod ore•+r. iei ' s o.• .e... t 1 • 2016,by Robert Kaufman,Chair o the oda, ore +en o d o' o 1 •un ,Florida,who is �/ personally known to me o ho s roe uc 01 a- orid . er s ense as identification. jmiram,,_ _ ra�;R•:�� KERRY ADAMS ��i�' * ,.,,' * MY COMMISSION#FF 139721 • OTARY-t •.`LFC [� III EXPIRES:Jufy B,2D16 -r,4_,4 My commis i• atteee f �'9or noel, Bonded Thru Budget Notary Services PAYMENT OF FINES: Any fines or er -to • ,a dt,_,.pur� .,t011i�kOrder may be paid at the Collier County Code Enforcement Department,2800 North Ho •- Q r e los-,FL 34104,Phone: (239)252-2440,Website: www.colliergov.net. My release of lien or confirm. 'o$-o-f-cornpliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raffaele Fabrizio and Janice Fabrizio, 3158 Saginaw Bay Drive,Naples, FL 34119 with a courtesy copy to their attorney, James Bonaquist, Cardillo, Keith and Bonaquist, 3550 Tamiami Trail East, Naples, FL 34112 this 2(J" ay of @ 4, ,2016. State of Florida County of.00.11118 -:,,-,_.:, 'ode Enforcement Official �., 1 I HEREeER' - 'S`is`a true and i .a�dc!c.,.eit• file in co ai-o hoAyr 6 -r.rc ollier County .Boat ! , � 1? �� WIT i;�h ••=a4 ff 1al this ,of L4'4 lo'zi?-Q lib pW1 TTBRIp ;,. r'K OF COURTS 1 4j• COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150017917 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FABRIZIO,RAFFAELE&JANICE,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Virginie Giguere,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on February 25, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to aba e violations as stated in the Order recorded in the public records of Collier County,Florida in OR Book o, PG 19 Er . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June 27,2016. 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 Certificates of Completion for the permits have not been obtained FURTHER AFFIANT SAYETH NOT. DATED this 27th day of June,2016. COLLIER COUNTY,�F,LOJRIDA CODE ENFORCEM AKJT/:04 RD • Virgini,critruere Cod nforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(. affirmed)and subscribed before me this 27th day of June,2016 by Virginie Giguere ( ignature of Notary blic) "'o'*aY.:; r KERRY ADAMS * vt* MY COMMISSION t1~E..139721 t, ,, EXPIRES:July 8,2018 AFOFF`oP�p�' Bondad Theo Budget Notary Services (Print/Type/Stamp Commissioned Name of Notary Public) Personally known /""1 INSTR 5297936 OR 5301 PG 917 RECORDED 8/5/2016 9:32 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.—CESD20150017917 / State of Florida BOARD OF COUNTY COMMISSIONERS County of COLLIER COLLIER COUNTY,FLORIDA, I HEREBY CERTIFY THAT this is a true and Petitioner, correct copy of a document on file in Board v.irutes and Records of Colier vuiity vs. W i ivy ,S my hard and offic ' I, ay of l.Z RAFFAELE FABRIZIO and JANICE FABRIZIO, DWI E.BROCK,CL t OCiPURTS_ Respondents. eit=: i:.s.. d "c k`e- ✓ fir' ,, - ORDER OF4RE1YE E`NFORC' VI 'E ENT BOARD IAN? j THIS CAUSE came on for public hearing before the Code Enfositiment Board on July 28,2016 on the Respondents'Motion for Continuance,ad be Ag_du y advised-iiirt1 e premi'aes,h'creupon issues its Findings of Fact, Conclusions of Law,and Order of the Cpd E4orcei enf BNard as follow: \ i €I FINDINGS OF)AC l 1 L 2 1 L I r 1. Respondents,RAFFAELARIZIO and JANICE F�ABRIZIO are.''in4yolation of Collier County Land 4 Development Code 04-41, s isl@nded,Section—10--.-02.0,6 (1)ta)in`tlaeIfollowing particulars: Pool permit PRBD20140514906 exp`irrec eavi;g,th_e pool with-to1 rgrnl./anent safety barrier creating a health '':,andsafety-h it. .? -.tea � �, 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 September 26,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period.I DONE AND ORDERED this 5i day of 4/5 ,2016 at Collier County,Florida. CP s. _ MENT BOARD COLLIER COUNTY,F ORP r4 STATE OF FLORIDA ) 2815 o r.. -,r es oe Drive 'apl- da 34104 )SS: COUNTY OF COLLIER) *** OR 5301 PG 918 *** The foregoing instrument was acknowledged before me this /say of 411 2016,by.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. P�B�c OOMttSKERRYADAMS N ARY PUBL C (.1.:118e: MYSI0N f FF 139721 * to , EXPIRES:July 8,2018 My commission expires: ecce2dl*rusud,elrloh ServiceOF FIS n/ 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and 5,orxec, p of t u Ja „ER has been sent by U. S. Mail to Raffaele Fabrizio and Janice Fabrizio, 3158 SaginaMa Drive;N"dp'les, LD31,2,with a courtesy copy to their attorney, James Bonaquist, Cardillo, Keith andlBoStst, 3550 Tamiami Tra'•l Bast,Naples, FL 34112 this'S day of 2016. ' f F oc - r e er# tlffictal I 11it 1 — IIS \`K`A Ry COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD �� CEB CASE NO.CESD20150017917 COLLIER COUNTY • BOARD OF COUNTY COMMISSIONERS,Petitioner vs. FABRIZIO,RAFFAELE&JANICE,Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Virginie Giguere, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 25, 2016, 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 Books.y PG 3g, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on September 30,2016. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by all violations have been abated. FURTHER AFFIANT SAYETH NOT. DATED this 5th day of October,2016. COLLIER COUNTY,FLORIDA CODE ENFORCEMEN :•A: 9 Virgim- . iguere Code Enforc-rnnnntOfficia STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and s . ribed before me this 5th day of October,2016 by Virginie Giguere j -_ _ V. Danny Blanco (Signature o ot. Pu lic) A� u� ' ComMiSSlon# _ , = Expires: April 21,2020 =,` a Bonded thru Aaron Notary, (Print/Type/Stamp Commissioned Name of Notary Public) ""' '�� Personally known - - .-1 TA COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD- Case No. --CESD20150017917 BOARD OF COUNTY COMMISSIONERS COLLIER_COUNTY,FLORIDA- Petitioner, vs. • RAFFAELA EBRIZIO, and JANICE FABRIZIO, • Respondents. • Respondents' Motion for Reduction or Abatement of Fines Respondents, Raffaela Fabrizio and Janice Fabrizio, by and through undersigned counsel, pursuant to Article X, Section 1 of the Collier County Code Enforcement Board Rules and Regulations, hereby respectfully request this Board to enter an Order reducing or abating fines, and states as follows: 1. Names and address of Respondents: Raffaela and Janice Fabrizio 3158 Saginaw Bay Drive Naples,FL 34119 2. Names of all owners of property which is the subject of the violation:Raffaela and Janice Fabrizio. 3. Physical address of subject property: 3158 Saginaw Bay Drive,Naples,FL 34119. 4. Nature of violation:Pursuant to the Order of the Code Enforcement Board, entered February 26, 2016, Respondents were found guilty of violating Collier County Land Development Code 04-41, as amended Section 10.02.06(B)(1)(a). 5. Description of abatement of violation and date of abatement: As of the date of the subject Order, February, 26, 2016, this Board noted that the violation had been partly abated. Specifically, "that a permanent enclosure was permitted and constructed, abating the safety barrier portions of the violation and abating the health and safety hazard." (Please see 15,Findings of Fact.) • COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD • Case No. —CESD20150017917 Page 2 of 5 Since that time,upon information and belief, and over the last several months,the work has been fully completed. As of the date of this motion,however,a certificate of completion has not yet been issued due to the necessity of the filing of the survey as to the pool screen enclosure. 6. Efforts undertaken for abatement and mitigating factors warranting a reduction of fines: a.•• The permit for the pool was originally issued to Slusser Services, LLC, in 2014. This contractor failed to properly perform the work and Respondents were forced to file litigation in 2014. (Fabrizio v. Slusser Services, LLC and Kenneth Slusser, Collier County Case No. 14-CA-2784). • The case was tried to the Court on June 30, 2015. Respondents prevailed and obtained a Final Judgment which recognized that the cost of the pool which had originally been contracted to be completed for $58,500, would now cost$102,700,to complete. (The Final Judgment,dated July 20,2015, is attached as Exhibit 1.) b. On January 14,2015,the Respondents entered into a detailed contract with Jackson Custom Pools LLC d/b/a Jackson Pool Service ("Jackson Pools") to repair and complete the pool work originally contracted with Slusser Services. (A copy of the contract with Jackson Pools is attached hereto as Exhibit 2.) On June 5,2015,the pool permit was changed to Jackson Pools. Unfortunately, Jackson Pools thereafter failed and refused to complete the work within a reasonable time and effectively abandoned the project. c. By correspondence of October 26, 2015, Jackson Pools was served with a final notice of default and demand for immediate performance. (Attached as Exhibit 3.) d. By notice of November 6, 2015, Jackson Pools was terminated, effective immediately. (Attached as Exhibit 4.) e. Thereafter,the Respondents engaged Pool Pros,Inc. to complete the work. Respondents had been in contact with Pool Pros prior to the termination of Jackson -Pools, and been assured the required work would be timely completed in the event Jackson Pools failed to perform. Pool Pros was contemporaneously notified of the termination of Jackson Pools, and again - _ confirmed it would take those actions as required to complete the work. Pool Pros was contacted throughout November and December, 2015, and January of 2016,by both Respondents and the office of the undersigned, to follow-up on the progress of the work. On each occasion, Pool Pros COLLIER COUNTY CODE ENFORCEMENT . CODE ENFORCEMENT BOARD Case No. —CESD20150017917 Page 3 of 5 provided assurances that the work would be completed shortly. While minor work was ultimately performed,such as fixing a leak in the pool,the permit was never changed to the name of Pool Pros-and significant work was never performed. After this Board served a Notice of Hearing for alleged violations relating to the pool (hearing scheduled for February 5, 2016), and this notice was provided to Pool Pros with a request for immediate action and assistance, Pool Pros thereafter failed and refused to respond to any further telephone calls or correspondence as to this project,and took no further action on the project. f. Respondents thereafter diligently attempted to locate another contractor to complete the work. The undersigned attempted to assist in this process as • well. Considering the history of the project,the high activity in the building • industry at the time,and the deadline imposed by this Board to close-out the project by June 24, 2016, it was very difficult to locate another contractor willing to become involved. Ultimately, Respondents were successful in engaging Finishing by Baker to complete the project. g. By correspondence of March 23, 2016, Finishing by Baker was provided with the prior contract with Jackson Pools detailing the work to be performed,the Order of this Board imposing a June 24, 2016, deadline for completion of the work, and contact information for Mr. Paul and Ms. Giguere at Code Enforcement to confirm exactly what was required complete the work. You will note that compliance with the June 24, 2016, deadline and risk of a fine was emphasized. (A copy of this correspondence is attached as Exhibit 5, and copy of the Proposal with Finishing by Baker, dated March 24,2016,is attached as Exhibit 6.) • h. As before, Respondents contacted Finishing by Baker regularly to follow-- up on the progress of the work and to remind of the upcoming deadline, to no avail. Due to pre-existing workload and complications in obtaining the perrnit(as reported by the job supervisor for Finishing by Baker),the permit was apparently not obtained until the day before the deadline. • i. Since that time, and as reported by Finishing by Baker, all inspections have been completed and the only item remaining in order to obtain a certificate of completion is the ministerial act of filing the survey for the pool screen enclosure. COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD • Case No. —CESD20150017917 Page 4 of 5 j. Throughout this long process, Respondents have acted diligently and reasonably in attempting to have the subject work timely completed. Mr. and Mrs.Fabrizio have found themselves in violation solely as the result of the failure of the first three contractors they hired•to follow-through on completing the project without any justification. As this Board has been previously advised, there is no allegation or indication of any kind that the Respondents failed to make payment or otherwise caused or contributed in any manner to the delays they have been forced to suffer. k. As a result of the delays and the necessity of changing contractors, the Respondents have already paid significantly more than the original cost of the pool. 1. Respondents themselves could not have performed the.work or personally caused the violation to be abated. Instead, they were required to rely on licensed contractors,whom they hired,paid, and who then let them down. If the fine is intended to be punitive,the Respondents themselves have not done or failed to do anything justifying punishment. If the fine is intended to deter behavior, again, the behavior of Respondents themselves did not cause the violation. The Respondents have had an extremely unfortunate experience with the construction of their pool which has personally and negatively affected their enjoyment and use of their Collier County home. They respectfully suggest that they should not be required to personally suffer a fine for the actions and inactions of the contractors involved in this matter. WHEREFORE,Respondents,Raffaela Fabrizio and Janice Fabrizio,respectfully request this Board to abate the fine imposed or which could be imposed in this cause, or in the alternative, significantly reducing such fine. Dated: ! ,r` r� r t� - / Raffaela Fabrizio, Respondent COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. —CESD20150017917 Page5of5 Cardillo,Keith&Bonaquist,P.A. By: t it James A.Bonaquist, s ., Esc Florida Bar No.: 606405 3550 East Tamiami Trail Naples,FL 34112 Phone: (239) 774-2229 Email: jbonaquist@ckblaw.com jbonaquistassist@ckblaw.com Counsel for Respondents • • IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION Raffaele Fabrizio, Plaintiff, v. Case No. 14-CA-2784 Slusser Services, LLC, a Florida Limited Liability Company, and Kenneth Slusser, Individually, CD � rn Defendants. -., { n CD N) o CD r' JUDGMENT -1 o THIS CAUSE was tried before the Court on June 30, 2015. On the evidence es ted . _. c) the Court makes the following findings: • 1. The Parties stipulated that Raffaele Fabrizio entered into a contract to construct a pool at his residence at 3158 Saginaw Bay Drive, Naples, Florida 34119 (the "Contract."). The total Contract price was $58,500 and Plaintiff paid Defendant$43,875 in connection with the Contract. 2: The Court finds that Slusser Services, LLC, failed to timely complete the work under the Contract, which constituted a material breach thereof. 3. The Court accepts the testimony of Plaintiff's expert witness, Stephen Bowles, and finds that the Defendants failed to perform the work in a good and workmanlike manner in the following ways: a. The equipment pad was placed on the wrong side of the home. b. The steps to enter the pool had an uneven tread to riser ratio. c. The benches in the pool were too low. d. The travertine tile as installed created a tripping and cutting hazard in areas and was not square. . e. There was a major flaw in the pouring of the slab in one step area. EXHIBIT 6 4- The Court finds that there was insufficient evidence establishing that there was a structural crack in the pool shell and damage to the sheer descent requiring repair. 5. The Court finds that Plaintiff presented evidence that Plaintiff paid $65,625 for repairs necessitated by the alleged faulty work and to complete the pool. Of that amount, $6,800 was expended on the repairs rejected by the Court as set forth in paragraph 4 hereinabove and is not recoverable. Accordingly, Plaintiff incurred $58,825 in costs reasonably required to repair the pool and complete its construction. Added with the amounts already paid to Defendant, Plaintiff paid $102,700 to complete the pool. Subtracting the original total price under the Contract of$58,500, Plaintiff incurred recoverable damages in the amount of$44,200. 6. The Court also found that Plaintiff engaged Goede, Adamczyk, DeBoest &Cross, PLLC to prosecute the instant action and is obligated to pay a reasonable fee for legal services. In recognition of the foregoing, it is ORDERED and ADJUDGED that: 7. Plaintiff, Raffaele Fabrizio, whose address is 3158 Saginaw Bay Drive, Naples, Florida 34119, recover on all counts of the Complaint from Defendants, Slusser Services, LLC, whose address is 3627 Progress Avenue, Naples, Florida 34104, and Kenneth Slusser, individually, the sum of$44,200 with costs in the sum of$1,373.56, making a total of - - $45,573.56 that shall bear interest at the legal rate pursuant to Section 55.03, Florida Statutes, for which let execution issue. 8. Defendant Slusser Services, LLC (as "Judgment Debtor") shall complete, under oath, Florida Rule of Civil Procedure Form 1.977(b) (Fact Information Sheet), including all required attachments, and serve same on Plaintiff(as 'Judgment Creditor"), or the Judgment Creditor's attorney within 45 days of entry from the date of this judgment unless it is satisfied or stayed. Judgment Debtor shall further cause to be filed in the instant action a Notice of Compliance evidencing that the completed Fact Information Sheet has been served. 9. Defendant Kenneth Slusser (as "Judgment Debtor") shall complete, under oath, Florida Rule of Civil Procedure Form 1.977(a) (Fact information Sheet), including all required attachments, and serve same on Plaintiff(as "Judgment Creditor"), or the Judgment Creditor's attorney within 45 days of entry from the date of this judgment unless it is satisfied or stayed. Judgment Debtor shall further cause to be filed in the instant action a Notice of Compliance evidencing that the completed Fact Information Sheet has been served. 10. The Court further reserves jurisdiction to enter such additional orders as are proper, including without limitation entry of orders of contempt for failure to serve the Fact Information Sheets and orders related to Judgment Creditor's efforts to collect the amounfs owed. 11.The Court reserves jurisdiction to determine a prevailing party, if any, for the purposes of an award of reasonable fee and additional costs to be recovered, if any, as well as to determine an appropriate amount. DONE and ORDERED in Chambers at the Collier County Courthouse, Naples, Florida, this day of July, 2015. ( �,�-- Hon le;! Shenko ` � Cir it,-Court Judge 9dnformed copies to: V ianley A.Bunner, Jr. ✓tee Hollander, Esq. _, / OQL SERV/CE_ Contract January 14,2015 Mr.&Mrs. Fabrizio 3158 Saginaw Bay Drive Naples, FL 34119 RE:Pool/Spa Build Completion Pool&Spa Shell Completion(including Finish) • Remove Existing Water and Trash from Pool&Spa • Add Approximately 2-4 Inches of Concrete Height to Each Entry Step to the Pool • Add One Additional Step to Pool Entry to Provide Safer Entry to Pool Thru Having Each Step Proper Height • Add 2-4 Inches of Concrete Height to Wrap Around Bench Connected to Sun Shelf Next to Spa • Add 1-3inches of Concrete Height to Existing Sun Shelf to Level the Shelf • Supply and Install New Return Fittings and VGB Main Drain Cover(s) • Supply and install New Stone Scapes Pebble Finish{Customer-to Select-€-olor) t • Provide 28 Day Start Up Procedure as indicated by the National Plasterer's Council 0/76 Price $14,875.00 Pool Deck&Footer • Remove All Step Travertine Paver Stones • Re-Pour Each Step On Pool Deck to Square Each and Insure Proper Size and Dimension • Saw Cut Existing Out of Square Deck Footer to Obtain Better Fit of Travertine Paver Stones • Supply&Install Single Stone Custom Cut Travertine Pieces to Match Existing Travertine Installed • Stucco Outside of Complete Footer Face • Paint Footer Face Stucco Face Price $4,250,00 Pool Equipment • Supply&Install Jandy 2HP VS FloPro Variable Speed Pump • Supply&install Jandy DEV48 Filter 13401 Rickenbacker Parkway Ft Myers FL 33913 Phone 239-425-0300 Fax 239-425-0251 www.Jacksonpoolservlce.com w EXHIBIT a - ACKSO VOOL SEA I//CE. • Supply&Install Jandy RS4 AquaLink Automation System with 1Q900 Smart Phone Connectivity • Supply&Install Jandy PCL 1400 Salt System • Supply&Install GulfStream HE150 Electric Pool Heater • Supply and Install 1.5HP Blower For Spa • Supply&Install Jandy Valves for Pool/Spa Plumbing • Supply&install All Pipe,&Fittings for Pool/Spa Plumbing • Supply&Install 5 Jandy Pool Lights at Current Pipe Location(s)in Pool&Spa Price $16,350.00 • Electric Supply • Supply and Install thru Licensed Electric Contractor,Complete Electric Service(100 AMP) at Pool Equipment Pad • Connect All Pool/Spa Equipment to installed Electrical Service Price $1,850.00 • Pool Screen Enclosure • Supply&Install New 2 Story Screen Enclosure with 2 Doors with Super Screen-on-three-sides Ie- Price $21,500.00 Permits) a File Necessary Demolition and Pool Build Permit with Collier County Building Department • • Call for Each Scheduled Inspection By Collier County • Final Completion of Permit With County Price$58,825.00 13401 Rlckenbacker Parkway Ft Myers FL 33913 Phone 239-425-0300 Fax 239-425-0251 www.Jacksonpoolservice.com - JACKSON POOL SERVICES Payment schedule i9// 5-110 1, At time of acceptance of Proposal $ 30% CI t 3 5 "i f 2. At Completion of Concrete Work $ 30% CII jQ101q):5Z 4� i 3. At Completion Pool Finish $ 20% 7ifj f!j 4. At Completion of Project $ 20% The above payment schedule is agreed upon by both Jackson Pool Service and Mr.Fabrizio.Thank you for the opportunity. Mr.Fabrizio Signature Date Printed Name Signature Date Jackson Pool Service Representative. 13401 Rickenbacker Parkway Ft Myers FL 33913 Phone 239-425-0300 Fax 239-425-0251 www.Jacksonpoolservice.com • I joI-Thr P CARDILLO CARDILLO KEITH BONAOUIST 3550 East Tamiami Trail WILLIAM D. KEITH ATTORNEYS AT LAT Naples, FL34112 -lard Certified Civil Trial Lawyer .extified Civil Trial Advocate-NBTA TEL 239.774.2229 JAMES A BONAQUIST,JR. FAX 239.774.2494 JOHN T.CARDILLO www.clzblaw.com October 26, 2015 Via Certified mail Via Certified mail R.R.R # 7015 0640 0000 4074 9207 R.R.R.#7015 0640 0000 4074 9191 DL Pool Services, LLC d/b/a Jackson Pool Service DL Pool Services, LLC. 13401 Rickenbacker Parkway Reg. Agent: Goede, Adamczyk& DeBoest, PLLC Fort Myers, FL 33913 8950 Fontana Del Sol Way, Suite 100 Naples,FL 34109 Re: Mr. and Mrs. Rafaela Fabrizio Pool/Spa !iuild Completion Property Address: 3158 Saginawiitay Drive, Naples, FL ientlemen: Please be advised this firm and the undersigned represent Mr. and Mrs. Rafaela Fabrizio in connection with the above-described construction project. This letter shall serve as final notice that DL Pool Services, LLC d/b/a Jackson Pool Service ("Jackson Pool"), is in default of that certain Contract, dated January 14, 2015, regarding this project for at least the following reasons: • Jackson Pool has failed and refused to allocate adequate resources to properly complete this project within a commercially reasonable period of time. This project has been languishing for months with only insignificant work being performed on an extremely intermittent basis. • Jackson Pool has performed work which is sub-standard, non-workmanlike, and not in compliance with all building codes and other applicable laws. My clients do not waive their rights to seek any and all actual and consequential damages resulting from Jackson Pool's default of the Contract. However, its primary concern is getting this project completed. Therefore, demand is hereby made that Jackson Pool immediately allocate sufficient resources to•the project so that it is fully and properly completed within ten (10) days of the date of this letter. Please be further advised that the pool is currently leaking and this matter must be addressed as well. If Jackson Pool fails to comply with this reasonable demand, my clients will immediately terminate the Contract, and take those steps as may be necessary to repair and complete the project. My clients are not Tilling to wait any longer for this project to be completed. There is no further time for delay. gt EXHIBIT Personal Injury/ Wrongful Death • Business / Construction/ Commercial Law & Litigation • Wills / Tr $ Z W o_ • October 13, 2015 Page 2 Please govern yourself accordingly. Very truly yours, CARDILLO,KEITH& BONAQUIS T, P.A. / P James A. Bonaquist,V JAB:drs cc: Client 10104B srl3h s t -a 13 F'--CC ,_SI 7.` O o O ( (� a. - 3 it � �' � "Ci � ` CO E vi co A m C ^�,3 R Ga OW ®(JR- ,R a) ( p iv a 4 a. d r 7 - -C pp 1 A Z Cl u b a T a I i r- I❑❑❑i❑❑W • – — om1.aA ,' CDv,oma. Cmam=z.Tccrn -<Na)c-64,0_00&E� m .- COCOmo2_o0a0 MC33 N ��m @0 m.m S ti .-n ' N m m m o z a 0- Q N `\ 0 n m a. 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I gmal. i • N N N e ' l` a -Q N (C{ CL ' iy /�,,gJ�_— p C O ) o 1 9' ®M • It o 1 A` m �1 J E i'+®® tom` e O u F• '''' O L v V U p M1�' 1 9 Iia N O i +t+ c6 11' i p w E r ® ` © a E a Z. E E g of } (1 — v a �n tea. p .-c a) y ap co T co i .�P I -CO1 S a fI.. � Ec moo . -,1 '� Ol cai z O •� O ,� L p co in i c ■ ® i a, a 0 m x a a _uf un 1 rnd ,.. .4jig z m " 2 r .Q - W L" W GT. O cD O 0 uini 0 E" in '-1 4 m z -.-1 -'a m Z U ,,,q . iH JOHN P.CARDilio CARDILLO KEITH BONAOUIS T 3550 East Tamiarni Trail WII.UAH D.KErLH ATTORNEYS AT LAW • Naples, FL 34112 Board Certified Civil Trial Lawyer TEL 239.7742229 2erb ed Civil Trial Advocate-NBTA JA 1ES A.BONAoUIST,JR. FAX 239 774.2494 JOHN T CARDILLO www.clblaw.com November 6, 2015 Via Certified mail Via Certified mail R.R.R # 7015 0640 0000 4073 82 R.R.R.#7015 0640 0000 40738218 And Regular US Mail delivery And Regular US Mail delivery DL Pool Services, LLC d/b/a Jackson Pool Service DL Pool Services, LLC 13401 Rickenbacker Parkway Reg. Agent: Goede, Adamczyk& DeBoest, PLLC Fort Myers, FL 33913 8950 Fontana Del Sol Way, Suite 100 Naples, FL 34109 Re: Mr. and Mrs. Rafaela Fabrizio Pool/Spa Iluild Completion Property Address: 3158 Saginaw lay Ilyrive, Naples,FL NOTICE OF TERMINATION Gentlemen: You have previously been advised that this firm represents Mr. and Mrs. Rafaela Fabrizio. You are hereby notified that effective immediately Mr. and Mrs. Fabrizio hereby terminate that certain Contract, dated January 14, 2015, for the work described above. This action is taken due to Jackson Pool Service's default as described in my notice to you of October 26, 2015, and your subsequent failure to properly complete the work as required. You are hereby-advised Jackson Pool Service, its agents, servants and employees, are to cease and desist from any further entry onto the Fabrizio's property. Please govern yourself accordingly. Very truly yours,, . EXHIBIT CARDILLO,KEITH & BONAQTJIST, P.A. `. 4 a James A. Bonaquist, Jr. t: SENT JAB:drs 8 1 J ;c: Clients 1 .'CLIENT 10104B -13h Personal Injury/ Wrongful Death ° Business / Construction / Commercial Law & Litigation ° Wills / Trusts / Probate . . 3 mo cL • to co c m' c • am 0. .• Qaf ¢ EEm 1 my > ® cn o S Q."m a m • moom I ms ¢ o EE>-Z 0• N c - cQcc CD ¢ c❑ ❑❑ g m Igmm ¢cmmm Q -M 2 y o°Q 73 US erA al vv maa Ny o ❑ m• ❑❑ gucc i 9 mt ` m ❑UE d¢¢O¢2(ntn¢ Ali°m`mma � mmp E a¢¢o¢Zrnm� oii ' ca 1 p o o� ❑❑❑ ❑ QQ m cv a w 2N 2 aZ aim > o• aO- 2ymm m m -F- a 4a' a CO 0- d m - r--- . �q � m -, -h 1 ao k. .1c f,-, 2 -P,ti " mw ¢ � ‘1' ma � ` Qm m® ¢� w000 �ovcW m y a � o '.,..--mm �.. ®�mi o ° dw - C)cn® o o m-,Tia IAA 7 cc22 �� i a •p} 2 --�m m c � dw rnzoo �c J 0 v}�� Y �,4¢gmUUUQ C. mw- •p(nWrnav a:A m m .0 Q :t " O e,❑❑ ❑❑❑❑ 'msCq�- "" . aa ._.- cri❑❑E1❑❑❑C fg o o-- f ... -....- p > Q v isocEmC1co a Q N o E 41 Q"® 0 -c m N i 61 V> a RI D W ca y 'A1 S.3 20, Z N l71Fzii [",,/1 E'Eff-Col D a0 co � � Q E p a tj o 917. - vi m D co D r ow o f r® = • ca.bp 2Q E p a EL; m __ E E m s ai - a -1 Q Pi ° E ca - © o � °� a �IIIRMIN 8 • 00 • E E � 1:1tea- C')nzzlon— o cam' Q cc --—wZcnfp • EL C 'Io :71 fr " I CI 4 „ 9_`c_ a .d __ ; s 02 ..;:'-',....;;.;-.1 x.. E m - 4 amt CV t 73,. i`i 2 - � 4 + I • - off, r. 'A 2.'i a�'.l, 4 fid( •til G ..? ,,,,,--_,k,,,, _ m.... : :- iz,-2-_-. ° a Y, .:- 0.:'"' ?3.,,_„._, ,r,,t,::.,31 ,,,-,.,_: _. ra -----u---,----i--1---,'—p• - '.5.�. "4' m U it-' ft- r1 _ _ -- 5 i� m -4;▪ � l-t `'3 L rcn.'18 .- - ,_ &.' 4 � � Q v .o ma 4-1 L022 Ed-Oh 0000 0h92 SLDL o 1amm - p...... .,.:,t n;? 1 m¢ ¢ c> ¢ a 9 , ). n X24 ELoh 0000 0h90 SCOL. Dawn Sedillo ' From: James Bonaquist "ent: Wednesday, March 23, 2016 5:09 PM o: 'nicktoddbaker@gmail.com' Cc: 'sadastreasure@hotmail.com'; Dawn Sedillo Subject: Fabrizio, Raffaela Attachments: 2016.02.26 Order of Code Enforcement Board.pdf; Contract and CO_Fabrizio.pdf Mr. Baker, Thank you for agreeing to assist Mr. Fabrizio with concluding his pool project at 3158 Saginaw Bay Drive, Naples, 34119. Enclosed for your review are the following: ® The Contract, dated January 14, 2014, with Jackson Pool Service, together with an April 3, 2015, email from Jackson Pools describing additional work ("change order"); and ® Order from Code Enforcement dated February 26, 2016 - Please note the deadline for compliance is June 24, 2016, after which Mr. Fabrizio will be subject to a fine of$100 per day. If there is any question as to exactly what must be done in order to re-activate and transfer the permit, schedule the inspections, and otherwise fully satisfy Collier County, please contact Renald Paul at Code nforcement - (239) 252-2443. Vicki at Code Enforcement has also been very helpful. Her number is (239) 252-2325. As I discussed with Greg Johnson, in finalizing the project, please also review the contract documents from Jackson Pool Service and determine whether each of the described products and services set forth on the Contract and change order documents was properly provided or performed by Jackson Pools. If not, please detail and document the specific deficiencies, and the cost for repair or completion of each. Photographs would help in this process, so please take as many as necessary. Again, thank you for your assistance. If you have any questions or would like to discuss this matter, please don't hesitate to contact me. I would appreciate hearing back from you by return email that you have received this communication, and are proceeding with the work. Regards, Jim James A. Bonaquist, Jr. Esq. Cardillo, Keith & Bohaqu st, PA 3550 Tamiami Trail East Naples, Florida 34112 Tel: (239) 774-2229 EXHIBIT ax: (239) 774-2494 -- Email: jbonaquist@ ckblaw.com CD 1 ( (. From: Roberta Prygon < roberfa(a�jacksonpooiservice,com> Date:April 3, 2015 al 10:59:49 AM EDT To: "laprirnabuilders@aaoLcom"<laorimabuilders@aol.com> Cc: Rich Hudec< rich(aiackson000lservice.corn> • Subject: Structural Crack repair and sheer descent repair for Fabrizio Residence Good Morning Rafael, The breakdown of the invoice of$6800 is as follows: Remove existing deck and coping to remove existing broken sheer descent waterfall, replace new sheer descent waterfall complete with plumbing for proper flow, reset coping and decking and any necessary tile to complete the sheer descent waterfall repair, Saw cut approximately 10-12 linear feet of pool structural cracks and repair with Torque Lock Pinning System, epoxied and hydro-cemented, form and pour new concrete where necessary to prepare for new interior finish. The processes are very labor intensive and will be done over a few days as to let the epoxy and cement cure for proper adhesion of new interior finish, Upon approval and receipt of the $6800.00 I will schedule Stephen Bowles, Construction Manager , immediately to commence the repairs. If you choose not to do the repairs we cannot guarantee the interior finish. Please let me know if you have any further questions or concerns. Robert Roberta Prygon Operations Manager Jackson Pool Service CPC1456458 www.iiacksonpootservice,com • Robertagacksonpoolservice.corn Main 239-425-0300 Cell 239-450-5520 13401 Rickenbacker Parkway Fort Myers,R. 33913 ?iaCL.:f. tf lei.' f'l'� ii ; '?f1•11.-` COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20150017917 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. RAFFAELE FABRIZIO and JANICE FABRIZIO, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came on for public hearing before the Code Enforcement Board on February 25, 2016, and the Code Enforcement Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact and Order of the Code Enforcement Board, as follows: FINDINGS OF FACT 1. Respondents,RAFFAELE FABRIZIO and JANICE FABRIZIO,are the owners of the subject property. 2. Respondents were notified of the date of hearing by certified mail and posting and the Code Enforcement Board has jurisdiction of this matter. 3. Respondents,having been duly notified,did appear at the public hearing through its duly authorized representative,James Bonaquist,Esquire. 4. The real property located at 3158 Saginaw Bay Dr., Naples, FL, Folio f 69770005842 (Legal: RIVERSTONE PLAT THREE LOT 278)is in violation of Collier County Land Development Code 04-41, as amended,Section 10.02.06(B)(1)(a)in the following particulars: Pool permit PPJ3D20140514906 expired leaving the pool with no permanent safety barrier creating a health and safety hazard 5. The violation has partly been abated as of the date of the hearing. At the hearing,the Code Enforcement Official testified that a permanent enclosure was permitted and constructed abating the safety barrier portions of the violation and abating the health and safety hazard;however,the expired permit for the pool remains expired. 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 04-4I,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 June 24,2016 or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. • C. If Respondents fail to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. • D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of$64.59 on or before March 26,2016. 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 2-L'day of ( ,2016 at Collier County,Florida, CODE ENFORCEMENT BOARD CO " .OUNTY,FLO' DA 411111- calk 04.— ..ert aufm Ch. r STATE OF FLORIDA ) 2800 N uth .of•- oe Drive Naples,Fl.'i•i 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this z•-v,day of 2016,by 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. • /' KERRY ADAMS • MY COBISSION t FF 139721 NOTARY PUBLIC *: 'k EXPfRES;July8,2018 My commission expires: &ci�dThNB c� tf�crySen'b;s 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raffaele Fabrizio and Janice Fabrizio, 3158 Saginaw Bay Drive, Naples, FL 34119 with a courtesy copy to their attorney, James Bonaquist, Cardillo, Keith and Bonaquist, 3550 Tamiami Trail East, Naples, FL 34112 this�P-day of (i ,2016. ,Code Enforcement Official • 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$64.59 on or before March 26,2016. 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 2-L'day of ( ,2016 at Collier County,Florida, CODE ENFORCEMENT BOARD CO " .OUNTY,FLO' DA 411111- calk 04.— ..ert aufm Ch. r STATE OF FLORIDA ) 2800 N uth .of•- oe Drive Naples,Fl.'i•i 34104 )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this z•-v,day of 2016,by 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. • /' KERRY ADAMS • MY COBISSION t FF 139721 NOTARY PUBLIC *: 'k EXPfRES;July8,2018 My commission expires: &ci�dThNB c� tf�crySen'b;s 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raffaele Fabrizio and Janice Fabrizio, 3158 Saginaw Bay Drive, Naples, FL 34119 with a courtesy copy to their attorney, James Bonaquist, Cardillo, Keith and Bonaquist, 3550 Tamiami Trail East, Naples, FL 34112 this�P-day of (i ,2016. ,Code Enforcement Official Finishing By Baker, !i . ro:csas 23o C nimerciai Blvd. DATE Proposal Num... I 9-i 41,711A_C., A'TA f9� 6 0111Ce-Z.3 4i '9' .7( i Fax-239-403-7520 License #CYC05 i 2 I a 1 Submitted to: Ra feaDDe Fabrizio 3158 Saginaw bay dr pa__`--J_r -n. _ _ Job / J DESCRIPTION Q... I COST TOTAL March 24th 2016 request to get sinal inspections on pool/spa Permit 0.00 0.00 # PRBD2 /40514906 (expired) ran JS?Z.i99�: � '+;s 4i sit .3 '+-=.ifinal 34 33'v'v�S..5 Es .3Bi-1II'_. v3 in 3b3 - 1 1 1 .n 3'ad+�— `.Cd 2 door pads travertine to match decking 600.00 .ix ail s itng travertine and i on &de spa ****** r`� '"-"��' "-��' � `�' X1.5 stairs RH �' +� of �' 800.00 paint outside perimmi ter of decking to match house colour ****** 60 .00 �e� Payments 50%deposit and 50%upon final completion.Repectfully submitted Nick Baker. Acceptance of Proposal: Sigaatur e Date Signature The Above prices, specifications, and condition hereby accepted You are authorized to do the work as specified. Payrnen = 11 be as outlined above. EXHIBIT tY" TA g COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150015459 Hearing Date: 10/28/2016 Board of County Commissioners vs. Frances Poole Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(A) Location: 1865 Harbor Lane, Naples Folio: 24982560000 Description: A rear deck installation and lanai conversion/enclosure and window installation without first obtaining required Collier County permits, inspections, and certificate of completion/occupancy. Past Order(s): On April 29 2016 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 5270 PAGE 2593, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from August 28, 2016 to October 28, 2016. (62 days) for a total fine amount of$6,200.00 Fines continue to accrue. Previously assessed operational costs of$65.85 have been paid Operational Costs for today's hearing: $62.61 Total Amount: $6,262.61 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150015459 COLLIER COUNTY, FLORIDA, Plaintiff, vs FRANCES POOLE, 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: 10/28/2016 TIME: - 09:00 AM PLACE: • 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1865 Harbor LN, Naples SERVED: FRANCES POOLE, Respondent Arthur Ford, 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. Danny Blanco 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 r.� 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 fa audiencia y usted sera responsable de proveer su propio traductor,para un major 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 tanpn vini avek yon intepret pou pale pou-ou. INSTR 5262822 OR 5270 PG 2593 RECORDED 5/6/2016 4:25 PM 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.—CESD20150015459 /. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. FRANCES POOLE, Respondent. / ••—_ ' ORDER OF THEsC .�Oii E1 ' k£ MENT BOARD \ THIS CAUSE came on for pul?Ii( caring before the Code o sergent Board on April 29,2016, and the Code Enforcement Board,having heard tesfm under oath,received evtdenc'b and heard argument respective to all appropriate matters,hereupon issues/tts?din s f Faet-and-Qr4ersof the de Enforcement Board,as follows: / ‘ fs ( j1y , N 1. Respondent,FRANCES Ii Lit' ll*T1111sTOS ks e thebjectro rta.S... 2. Respondent was notified o ate of hearing by certi d mail an/< t s/ng and the Code Enforcement Board has jurisdiction of thins t:er. - ,; / //Q 3. At the hearing,the Respondent t ido a Stipulation k. h�Nt's ttached hereto as Exhibit"A". The Stipulation is adopted as an Order'tk ie made-En€oreVt`enf o` and the Respondent is ordered to comply. '''<illE^� __`;..... . 4. The real property located at 1865 Harbor Lane, Naples, FL, Folio No. 24982560000 (Legal Description: BROOKSIDE UNIT 3 PLAT 2 BLK G LOT 3 OR 164 PG 772) 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 rear deck installation and lanai conversion/enclosure and window installation without required Collier County permits,inspections,and 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. 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 applying for and obtaining all required Collier County Building Permits or demolition permits,inspections and Certificate of Completion/Occupancy by August 27,2016 or a fine e€,510.0,00 per day will be imposed for each day the violation remains thereafter. OR 5270 PG 2594 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 May 29,2016. 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 grOday of “..A.1 ,2016 at Collier County,Florida. CO►: _ ORCEMENT BOARD •LLIER NUNTY,FLORI► la 1111M. r• -•••••20,' ' -_.---R,I1W i a e an Avallr 1 /. -� :QryO+' ® 7 er e• ' we STATE OF FLORIDA ) ._ i J _ 'Nae es;-E, 4 04 )SS: 7'' �'` '� COUNTY OF COLLIER) (f The foregoing instrument was ackn wle ged before ipe,tlni )(bay of i A d. ! 2016,13y Robert Kaufman,Chair of the o�fofc ent ;e. a O o i- sun , ' orida,who is V personally known to me oil / ho has ro uc�e . :-iced.\ i er' License as ider, fxv4tion. KERRY ADAMS r 1 1::),11,0,,trov)1!),MY COMMISSIONI«FF 139721n, -f "_"k� j EXPIRES:July8,2018OTARY LI BondedTnNBudgetNotaryit;.�,�/ . \ My commis .per sey�l j PAYMENT OF FINES: Any fines ord6T130 aid pursuant to t is..ffrdermay be paid at the Collier County Code Enforcement Department, 2800 North Hor sho - ' a e.; ' 4104, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien or con r` r t" p,i fiance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this locatioo 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 Aorrect copy of this ORDER has been sent by U.S.Mail to Frances Poole, 1865 Harbor Lane,Naples,FL 34104 this day of May,2016. /.. i__.___\..._7 State of Florida County of COLLIER ode Enforcement Official I HEREBY QER`.IFS' S':t TH his:is a true and correct 4 iy;csf o.dAq ent.o;file:in l5oarti itiutes anted Rec6rt s of Aoilier County WITNE S]my nd and offtctal�seal this 2day f --1(c ii E i R OF COURTS ‘-r-A)• . ' ___.-...k- t):1 ►: '--- �► *** OR 5270 PG 2595 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20150015459 Frances Poole Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, , 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 CESD20150015459 dated the 14th day of August, 2015., 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 29th, 2016; to promote efficiency in the administration of the code enforcement process; and to obtain a quick a_nd.-ex-pelhitious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenceu-> otaee of Violation-Wapcurate and I stipulate to their existence. A rear deck installation and lanai" iru4rsion/enclosure and.-Wii dow installation without required Collier County permits, inspections and certiicatelof--completion/occ panty. THEREFORE, it is agreed between the14a,ire,s1t a sp• t a�dll; 1) Payoperational costs in thea u t # `658 i, urre i th rpr secution of this case within 30 days of this hearing. ` �. 2) Abate all violations by: Ob` iiri g all required Coll'K.Cqunt iilding Permits or Demolition f ZO of this hearing Permit, inspections and Certificat of Completion/Occ apahejr ,fthm / days or a fine of$/Oa '14 per day will Sosed until the ota,tIon is abated. 3) Respondent must notify Code Enforcemeft ithin► `krours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. / Respondent or Representative (sign) Fo Cristina Perez, Supervisor Code Enforcement Division ran6es Poeje 477 //6 Respondent or Representative (print) Date jag 1� Date REV 1/2/15 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20150015459 /•—•\COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. Frances Poole,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Arthur Ford, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 29th, 2016, 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 5270 PG 2593. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 30th 2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No building permits and/or demolition permits issued for the unpermitted rear deck, enclosure and windows on the property. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of August, 2016. COLLIER COUNTY,FLORIDA COD FORCEMENT B• '• Ai ur Ford ode Enforcement 0 icial STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed d subscribed before me this 30th day of August 2016 by Arthur Ford. 111111 (Signature OW ary •u. is ,,,Ort, Danny Blanco (Print/Type/Stamp Commissioned �!+ � Commission#FF984545 Name of Notary Public) .. _: = Expires: April 21, 2020 °-,`�;F��o;;`�� Bonded thru Aaron Notary Personally known 1I REV 1-2-15 TAR / cal COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150014619 Hearing Date: 10/28/2016 Board of County Commissioners vs. Wessell TR, Peter Wessell Irrev Trust UTD 2/14/16 Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B)(1)(a) and 10.02.06 (B)(1)(e)(i) Location: 6 Derhenson Dr,Naples Folio: 49582200004 Description: A shed type structure located in the year yard of the property with no permits on file. Past Order(s): On April 29, 2016 the Code Enforcement Board granted a Continuance. See attached Order of the Board, OR 5270 PAGE 2596,for more information. On May 26, 2016 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 5278 PAGE 2571, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$150.00 per day for the period from August 25, 2016 to October 28, 2016. (65 days) for a total fine amount of$9,750.00 Fines continue to accrue. Previously assessed operational costs of$65.85 have not been paid. Operational Costs for today's hearing: $62.91 Total Amount: $9,878.76 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA • Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150014619 COLLIER COUNTY, FLORIDA, Plaintiff, vs. PETER WESSEL, AS TRUSTEE OF THE PETER WESSEL IRREV. TRUST, UTD 2/14/06, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06 (B)(1)(e)(i) LOCATION OF VIOLATION:6 Derhenson DR, Naples SERVED: PETER WESSEL, AS TRUSTEE OF THE PETER WESSEL IRREV. TRUST, UTD 2/14/06, Respondent Jeff Letourneau, 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. Danny Blanco 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 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. INSTR 5262823 OR 5270 PG 2596 RECORDED 5/6/2016 4:25 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC 518.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20150014619 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. PETER WESSELL,AS TRUSTEE OF THE PETER WESSELL IRREV.TRUST, UTD 2/14/06, Respondent. Co- ORDER 01 T'i4LfCODE ENFORC ENT-BOARD THIS CAUSE came on for publict feat befobe$he-6rulp-Enforcerrient)3oard on April 29,2016,and the Code Enforcement Board,having cgnsidered the ton teilimonysyf the Cbde Enforcembnt Official,moved to continue this matter until the next hearing arid be g" �atdvl 't'th �eitmi es'h lelpon;issues its Findings of Fact, Conclusions of Law,and Order of the $de(En `rcetnefit BoiarCl ras)f ov4: 1 Q—),�� .pI1�I?IN'GStbr ACT"c-- I \ 7 / i 1. Respondent is charged wit$E 7.441 ion of Collier County-", d Deveaop hent Code 04-41,AS AMENDED, Section 10.02.06(B)(1)(A)int1,fo'owing particulars: f ' A shed type structure located4d2th yard fire o erty with no permits on file. 4y cYRDER~� 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 board continues this matter until May 26,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance� period. �7 DONE AND ORDERED this v day of (I\(A.A1 ,2016 at Collier County,Florida. COD- -' -'CEMENT BOARD ••LLIER CO NTY,FLORI! ItirSWAIIPAk ..-«' •au. ,�f STATE OF FLORIDA. ) 800 orth H. s> Drive Na. es,Fl. .- 34104 )SS: COUNTY OF COLLIER) *** OR 5270 PG 2597 *** - The foregoing instrument was acknowledged before me this 3'�day of M f 2Vt.eicy 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. `'s`..;°ei� IERRY ADAMS ��/ % MY COMMISSION#FF 139721 OTARY PUBLI *'' �� } A EXPIRES:July 6,2018 My commission expires: %74-0F',\.00 Bonded ThruBudBaiNotary Services 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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and corrects this ORDER has been sent by U. S. Mail to Mr. Peter Wessell,6 Derhensen Dr.,Naples,FL 34114 hi , f E 6. O pe E rcemen Bo. d f"—"N (///—\I(IT\ )7\ 2,13 )1E-41 11 / / ; 40/ State of Florida County of COLLIER I HEREBY CERTIFY T.FtAT':this is a true and correct copy oar unieiip`. ; ie In Board M.inut art y a-(oIIier County WITH my'lj. o ./s;o dlafsealthiis 1,B kali cr 11.E �,': tp j, DWIbliT iaRggK,+o K$F . •URT INSTR 5272280 OR 5278 PG 2571 RECORDED 6/1/2016 11:45 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.—CESD20150014619 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. PETER WESSEL,AS TRUSTEE OF THE PETER WESSEL IRREV.TRUST, UTD 2/14/06, Respondent. ORDER/olj ":!- '•E'CODE ENFORCE) 1\BOARD THIS CAUSE came on for publi`h in b fore-t e..C,9•e Enfor eme t Board on May 26, 2016,and the Code Enforcement Board,having hard timo nd�oa ,receii ed evide ce a d heard argument respective to all appropriate matters,hereupon issu's its ti . t a`t�pf p •Ver eT* of e Enforcement Board,as follows: ,,1I I G' T ei y I ,�+ J 1. Respondent,PETER WES'S , S TRUSTEE OF THE{ ET , ' gL IRREV.TRUST,UTD 2/14/06, is the owner of the subject p`o � (5// 2. Respondent was notified of the a r,,b hearing by certifie -tea; nd/posting and the Code Enforcement Board has jurisdiction of this matte i• '--•-- �.,��" 'sem , -�.'',� 3. Respondent,having been duly notified,did appear at the public hearing. 4. The real property located at 6 Derhenson Drive, Naples, FL 34114, Folio # 49582200004 (Legal: HENDERSON CREEK PK 15T ADD BLK 1 LOTS 5 + 6) is in violation of Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)in the following particulars: A shed type structure located in the rear yard of the property with no permits on file. 5. The violation has not been abated as of the date of the hearing. At the hearing,the Respondent argued that the Board should not consider this a violation due to equitable considerations such as equitable estoppel and laches. Upon consideration thereof,the Board found that a violation exists and that the defenses did not apply. 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 ^, I0.02.06(B)(1)(a)and I0.02.06(B)(1)(e)(i). B. Respondent 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 August 24,2016,or a fine of$150.00 per day will be imposed for each day the violation remains thereafter. *** OR 5278 PG 2572 *** 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 June 25,2016. 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 „D day of (\A- ,2016 at Collier County,Florida. CODE ENFORCEMENT BOARD - • ' :.NTY,FLORI PA 41111•6i r , _ I► rer f-Kau �Y�'ft STATE OF FLORIDA :1 0 �; / orth 'o �- .: drive f 75;,,,,, —�iapleSoride 3. 04 \ )SS: COUNTY OF COLLIER) The foregoing instrument was ac o. 1- gQb remr0,this day of A 2016,byRobert Kaufman,Chair o nf�orcermm�t':..�: COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150014619 '\ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. WESSEL TR,PETER PETER WESSELL IRREV TRUST UTD 2/14/06,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority,personally appeared Jeff Letourneau,Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on January 29, 2016, 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 5278 PG 9615. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 2nd, 2016. 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 structure remains, and no permit, inspection or Certificate of Occupancy/Completion was obtained by August 24th,2016. FURTHER AFFIANT SAYETH NOT. DATED this 5th day September of,2016. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 7,Q21e;( eff Letourneau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subribed before me this 5th day of Septembe,2016 by Jeff Letourneau _ we 'I�7 �" (Signature of No r Pu. is `�Y'pu�,,�� Danny Blanco ,., 't= Commission#FF984545 Expires: April 21, 2020 (Print/Type/Stamp Commissioned Name of Notary Public) ;r ,� P u �'%`�F�fl `' BondBtl thru Aaron NotaryPersonally known �1 - TA a Is COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20150019121 Hearing Date: 10/28/2016 Board of County Commissioners vs. O'Connell J Benjamin and Daughn M Benjamin Violation(s): Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction of Right of Way, Division 1, Generally, Section 110-30 Location: 86 Ridge Dr, Naples FL Folio: 67184720003 Description: Damaged driveway apron and culvert pipe. Past Order(s): On July 28, 2016 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 5301 PAGE 926, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from September 27, 2016 to October 28, 2016. (32 days) for a total fine amount of$3,200.00 Fines continue to accrue. Previously assessed operational costs of$65.86 have not been paid. Operational Costs for today's hearing: $62.91 Total Amount: $3,328.77 faitsob PAt VS COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW20150019121 Hearing Date: 10/28/2016 Board of County Commissioners vs. O'Connell J Benjamin and Daughn M Benjamin Violation(s): Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction of Right of Way, Division 1, Generally, Section 110-30 Location: 86 Ridge Dr, Naples FL Folio: 67184720003 Description: Damaged driveway apron and culvert pipe. Past Order(s): On July 28, 2016 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 5301 PAGE 926, for more information. The violation has been abated as of October 26, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from September 27, 2016 to October 26, 2016 (30 days) for a total fine amount of$3,000.00 Previously assessed operational costs of$65.86 have been paid. Operational Costs for today's hearing: $62.91 Total Amount: $3,062.91 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: obtain demo permit and removed offending driveway apron c) Any previous violations committed by the Respondent/violator: 4 overgrown weed cases - has owned the property since May 2002 d) Any other relevant factors: no *** OR 5301 PG 929 *** To whom it may concern: I, O'Connell Benjamin of 6 Brantford Ct, Marlboro New Jersey, 07746 United States of America, do hereby grant a limited and specific power of attorney to Joe Marmolejos, as my attorney-in- fact. Said attorney-in—fact shall have full power and authority to undertake and perform only twf ljpw.ing on my behalf: Z fes_. utfiVN1) Appeaft'represent me in a � atter of the Board of Colin 'Cornu issionei� of of ier County, Florida i -9a ., 0 9, --i 14\121. v-r)..,\ „../ , , \ i F.-& \I-Mt, /-:-. , \ Signed this 2'5 a - �., �`- - , 2016 Signature , ' l` •- V COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CER0W20150019121 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BENJAMIN,O'CONNELL IBENJAMIN,DAUGHN M,Defendant(s) AFFIDAVIT OF 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 October 28, 2016, 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 5301 PG 926, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 27,2016. (In compliance on October 26, 2016) 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit for the removal of the driveway apron and received all the inspections and certificate of completion. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of October, 2016. COLLIER COUNTY,FLORIDA_ CODE ENFORCEMENT BOARD Jona Musse Codeyorcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to/Cor affirmed)and subscribed before me this 27th day of October,2016 by Jonathan Musse ////' (SignatureofNotary ublic) o� :.P. % KERRY ADAMS '*i MY COMMISSION#FF 139721 EXPIRES:July 8,2018 Bonied Thru Budget Notary Service-. (Print/Type/Stamp Commissioned Name of Notary Public) Personally known CODE ENFORCEMENT - COLLIER.COUNTY, FLORIDA Code Enforcement Board BOARD-OF COUNTY COMMISSIONERS, Case: CEROW20150019121 COLLIER COUNTY, FLORIDA, Plaintiff, vs. O'CONNELL J BENJAMIN AND DAUGHN M BENJAMIN, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW Enclosure of Swales 110-30 LOCATION OF VIOLATION:86 Ridge DR, Naples . SERVED: O'CONNELL J BENJAMIN AND DAUGHN M BENJAMIN, 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. Danny Blanco COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone tom, IF YOU ARE A PERSON WITH A DISABILITY VMO 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,pars 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 5297940 OR 5301 PG 926 RECORDED 8/5/2016 9:32 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CEROW20150019121 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. O'CONNELL J.BENJAMIN and DAUGHN M.BENJAMIN, Respondents. ORDER OF,TJIE E"ENF 1• MENT BOARD THIS CAUSE came on for pull c lYeafmg before the Code Enforcemen oard on July 28,2016,and the Code Enforcement Board, having heard tp'stinidnyl under oath,_.r:eceiyp4 evidence a heard argument respective to all appropriate matters,hereupon issue'its Findings ofl act ari Order'of the Cae E forcement Board,as follows: 1'FrN1�i 'dF +'A(I f ' 1. Respondents,O'CONNE$ C .;`E A : d I HN 1 NJ N,are the owners of the subject property. y'� f �� 2. Respondents were notified o ate of hearing by certifies ai'(j dd posting and the Code Enforcement P �.31� Board has jurisdiction of this m et , 3. At the hearing,Joe Marmolejos,P Power-ofttmney.for- iG6nnell J.Benjamin,entered into a Stipulation, which is attached hereto as Exhibit"A". The-Stipulation is adopted as an Order of the Code Enforcement Board and the Respondent is ordered to comply. 4. The real property located at 86 Ridge Drive,Naples,FL, Folio#67184720003 (Legal Description:PINE RIDGE BLK 1, LOT 11) is in violation of Collier County Code of Laws and Ordinances, Chapter 110, Roads and Bridges, Article II, Construction in Right of Way,Division 1,Generally,Section 110-30 in the following particulars: Damaged driveway apron and culvert pipe. 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 Code of Laws and Ordinances,Chapter 110,Roads and Bridges,Article II,Construction in Right of Way,Division 1,Generally,Section 110-30. B. Respondent must abate the violation by applying for and obtaining all required Collier County Right Of Way Permit(s)and inspections through to issuance of a fmal approval to bring the Right of Way to a permitted condition on or before September 26,2016 or a fine of$100.00 per day will be imposed until the violation is abated. oR 5301 PG 927 e—� 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$65.86 on or before August 27,2016. 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 confum compliance. DONE AND ORDERED this t S-r-day of ii-v5 ,2016 at Collier County,Florida. CODE •' EMENT BOA t 10 COLLIER CO , TY -2 INA ( 1111kLionAllOr' BY,..!� ii+�hia I .- —Rib- .K.au Ch. STATE OF FLORIDA ) / 02,8 11 i • se •se Drive )SS: /('3\;' .--IN p1 P •tda. 4104 COUNTY OF COLLIER) /' ,/ A 1r / The foregoing instrument was ackndwledged before the i 1 dray of r, 2016,by Robert Kaufman,Chair of the a fff s• . . ol1i€ri a ty,Florida,who is ✓ P y 1 l _,<1 ,t personally known to me o It Who s roducgc�a��id ,DrtYer,�License as identification. — t`-- ' 1t 1 ,r ' ..._ 2a��ar.P°Br, KERRY ADAMS �' --� � , MY COMMISSION#FF 139721 ` � OTARY d, : I r Ii' EXPIRES;July 8,2016 �+r "' oar DondedihaBudgetNotaryServices \w° My commis,on expir s. ForF� r PAYMENT OF FINES: Any fines ord e o.beaid pursuant to t isVrfI7 may be paid at the Collier County Code Enforcement Department, 2800 North Hor shoe Drive;-Na 1 et-AL./54104, Phone: (239) 252-2440, Website: www.colliergov.net. Anyrelease of lien or con dnatidn�pf b fiance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this I`afion APPEAL: Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.Mail to O'Connell J. Benjamin and Daughn M.Benjamin,6 Brantfort Court,Marlboro,NJ 07746 this 1V-clay of ,2016. tateoi Fioida County of COLLIER ode nforceme t Official I HEREBY CERTIFY THAT this is a true and correct c o f . c ^'ei;La I IIID L'1 1Boa;:;r:` ._ ..,...yiO J .f t'ellig,i County .......... Vtit�i 7.v i}t'> ."a ��i'1'(Y }'i.F ,f31�Ili E.,- :. DWIG T E BR IC1t 91K OF co opus S OR 5301 PG 928 • .1 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, • • VS. Case No. CEROW20150019121 O'Connell J & Daughn M Benjamin Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned,3oc. MGrmakt.6OO, on behalf of himself or ias 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 CEROW20150019121 dated the 25th day of September, 2015. • In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for July 28, 2Q1-6.-to; rargote efficiency in the administration of the code enforcement process; and to obtain a qu �r4e 4s. re olution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced/Notice of Violation ar ado ate and I stipulate to their existence. Damaged driveway apron and oalvert THEREFORE, it is agreed betweenith4artieg th es\t:P Il; 1) Pay operational costs in the i ur t„q= 6 . 6i(r ul red i tl{e lros cution of this case within 30 days of this hearing. '� 2) Abate all violations by: 's Obtainingall required Collier NO. Ri ht-Of-Wa -*7< s- an inspections through to issuance of a q � Y`�9 Y P ,)� � P final approval to bring the Right f- .,ccess to a nii�tteq ondition within O days of this hearing or a fine of$100.00 per daaj$ ll p 4 fiLl%violation is abated. • 3) Respondent must notify Code Enforce'marl- L-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 Hier County heriffs Office to enforce the provisions of this agreement and all costs of abate int sha be assesseq o the property owner /�e w espondesit or Rep Ortative (sign) Christop er Ambach, Supervisor for Michael Ossorio, Director Code Enforcement Division sm� ,4v1/)-Sli spondent or Representative (print) Date.{ • 7/zF/i 6 Date REV 3-29-16 *** OR 5301 PG 929 ***, To whom it may concern: I, O'Connell Benjamin of 6 Brantford Ct, Marlboro New Jersey, 07746 United States of America, do hereby grant a limited and specific power of attorney to Joe Marmolejos, as my attorney-in- fact. Said attorney-in—fact shall have full power and authority to undertake and perform only-thg-fa ing on my behalf: 1) Appe ;a1represent me in a atter of the Board of Couity0omOssion, of 4ol ier County, Floriciac c 1 ' 1014 21. n Signed this _ , 2016 Signature g::17.6"'70( •� ~ • COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEROW20150019121 t COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. BENJAMIN,O'CONNELL J BENJAMIN,DAUGHN M,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 28, 2016, 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 5301 PG 926 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on October 1,2016. 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 3rd day of October,2016. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD — --.� i Jonathan .usse -.ter Code Enforc ent Official STATE OF FLORIDA COUNTY OF COLLIER Sworn t. or affirmed)and sun ribed before me this day of October,2016,by,Jonathan Musse `q'P V,61, Danny Blanco (Signature of No,; ek ublic) �i ,st 4Commission#FF984545 Expires: April 21, 2020 „ �; Bonded thru Aaron Notary (Print/Type/Stamp Commissioned Name of Notary Public) '`'t ffl°' Personally known TAB / 6 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20150015096 Hearing Date: 10/28/2016 Board of County Commissioners vs. UV Cite LLC Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 81 Burnt Pipe Dr, Naples FL Folio: 66262021764 Description: Air conditioning change out without required Collier County permits, inspections, and Certificate of Completion/Occupancy. Past Order(s): On July 28, 2016 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 5301 PAGE 940, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$100.00 per day for the period from September 27, 2016 to October 28, 2016. (32 days) for a total fine amount of$3,200.00 Fines continue to accrue. Previously assessed operational costs of$66.69 have not been paid. Operational Costs for today's hearing: $62.31 Total Amount: $3,329.00 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA .-� Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20150015096 COLLIER COUNTY, FLORIDA, Plaintiff, vs. UV CITE LLC, 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:81 Burnt Pine DR, Naples SERVED: UV CITE LLC, Respondent Arthur Ford, 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. Danny Blanco 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 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. I INSTR 5297946 OR 5301 PG 940 RECORDED 8/5/2016 9:32 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.—CESD20150015096 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. UV CITE LLC, Respondent. / ORDER OFT CODE ORi- MENT BOARD THIS CAUSE came on for publkcatg fore the Code En'o cOuJt Board on July 28,2016,and the Code Enforcement Board, having heard tesEimopy under oath, received evi ce\nd heard argument respective to all appropriate matters,hereupon issuests Fitidim s of Faet-and-Ozdenof the de nforcement Board,as follows: i s IND 640161. ti 1. Respondent,UV CITE LL iV a,ow.F f.t e 'u0 t ro`� f ]I P �,� ._ ,S j�P P C i 1 �...'A f 2. Respondent was notified oI date of hearing by certi ed may an a g and the Code Enforcement Board has jurisdiction of this:}r+ t r. z ! I AO 3. Respondent,having been duly n9 t Y.did appear at thep)1b.� eermg through its representative,Shawn Cassell. ;--.._ _-.--,....-\)N,,, __ . 4. The real property located at 81 Burnt Pine vn 6,Napl s FL Folio#66262021764(Legal:PEBBLEBROOK LAKES PHASE 3 LOT 7)is in violation of Collier County Land Development Code 04-41,as amended, Section 10.02.06(B)(1)(a)in the following particulars: Air conditioning change out without required Collier County permits,inspections,and Certificate of Completion/Occupancy. 5. The violation has not been abated as of the date of the 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's Motion for Continuance of this case is DENIED. B. Respondent is found guilty of violating Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(a). C. Respondent 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 September 26,2016, or a fine of$100.00 per day will be imposed for each day the violation remains thereafter. *** OR 5301 PG 941 *** D. 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. E. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$66.69 on or before August 27,2016. F. 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 1 5rdayof 6"-(1.6 ,2016 at Collier County,Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY,FLORIDA V STATE OF FLORIDA ) /.( ;/ 281.No Oji ' .e Drive / L•' i aples,Flo, a.44114 )SS: / 7 \ ,I COUNTY OF COLLIER) 1., The foregoing instrument was ack4 wlg11dged be£drel`mq this ®1 '}}ko' ,j l 6 , 2016, y Robert Kaufman,Chair o'If thel o4e Ern or en8'enI) oi-trof tlh r C ,Florida,who is V personally known to me or t�1\r'\ ' gg p y a6 hake: orid. :'aerJs ense as identification. f ,1 =o��;:Y.;./eGc, KERRY ADAMS '� ...) rt,�s *MY COMMISSION#FF 139721 t i`A".\, NO ARY P,s I ',T' / Tii; t EXPIRES:July 8,2s0811,18 ices V My commission,e pll�j , of F�°�� Bonded mru Budget Nlotar t Services PAYMENT OF FINES: Any fines ordered ,ke Ai - suani'f id(.thys-drder may be paid at the Collier County Code Enforcement Department, 2800 North Horsesh e Dttrve,apir's`,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. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S.Mail to UV Cite LLC, C/O Uri Segev at 3332 NE 190th St#1010,Aventura,FL 33180,this(Sf day of Al ,2016. .,Vint;'0f COL LiE P, ode Enforceme Official iC-- t r.- I . c __ I,'f i 'A;this is a..true and l'-r. . _ _.Dr: •'1.nlOilhE9in `4 0:C:;;li2r County ---.. •'. : ', :1, . !C•i calt;Js `( U'P,1!Gi IT ii 1_tt2 `,c. -CLERK 1,O5 CW.1 TS COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20150015096 t"." COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. UV CITE LLC,Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Arthur Ford, Code Enforcement Official for the Code Enforcement Board of Collier County,who after being fully sworn, deposes and says: 1. That on July 28th 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order recorded in the public records of Collier County,Florida in OR Book 5301 PG 940. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 27th 2016. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Air conditioner change out is not permitted. FURTHER AFFIANT SAYETH NOT. DATED this 27th day of September,2016. COLLIER COUNTY,FLORIDA CODE - RCEME• 'CBO .�° Arthu ord Co.- Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirme•- and subscribed before me this)). day of Se.p4 20 gby (Signature*• otary Public) ,` V'P %, Danny Blanco Commission#FF984545 il 21, 2020 . Expires:Bonded thrprAaron Notary (Print/Type/Stamp Commissioned %q''•••••' Name of Notary Public) """'"� Personally known >f /"'"\ REV 1-2-15 TA IS COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20140017894 Hearing Date: 10/28/2016 Board of County Commissioners vs. Jose F Garcia Violation(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Location: 2087 Desoto Blvd N, Naples FL Folio: 40420400004 Description: Incomplete home. Past Order(s): On May 28, 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 5163 PAGE 1490, for more information. On April 29, 2016, a Continuance was granted. See the attached Order of the Board, OR 5270 PAGE 2598, for more information. The violation has not been abated as of October 28, 2016. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from May 23, 2016 to October 28, 2016. (159 days) for a total fine amount of$31,800.00 Fines continue to accrue. Previously assessed operational costs of$65.43 have been paid. Operational Costs for today's hearing: $62.61 Total Amount: $31,862.61 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 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: 10/28/2016 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:2087 Desoto BLVD N, Naples SERVED: JOSE F GARCIA, 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 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. Danny Blanco 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 r1 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 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. TA 8 , 1 BlancoDanny om: Jose Garcia <garciajose7976@gmail.com> ent: Friday, October 21, 2016 12:14 PM To: BlancoDanny Subject: Request for extention Case:CESD20140017894 I Jose F Garcia request to code enforcement board more time to finish the property located at 2087 Desoto bird n Naples FL 34120 Time one year if possible Reasons Have not been able to pass inspection 107 My primary property got on fire and I have been working on it Thank you for your time 1 cp (So Cr : r 0 --.1'.,,Iii--:-,:::','"'i'...,_,,,,,zr_...::„...,....„... � . Cr C' Aus 1. VJ 1 r. 4 f INSTR 5135523 OR 5163 PG 1490 RECORDED 6/15/2015 10:52 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.—CESD20140017894 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSE F.GARCIA, Respondent. ORDER OF T EC- Ei 1VlENT BOARD THIS CAUSE came on for p bli„hearing before the Code En o'lceirlent Board on May 28, 2015, and the Code Enforcement Board,having he te'iin©n -unser oath, received idenne and heard argument respective to all appropriate matters,hereupon iss� es iys Firrpof Faces andlliter of th Cod Enforcement Board,as follows: I LOP c1)1APA4 ,//' It ( }} 1. Respondent,JOSE F.GA ,' h owvn .,i sit.'ect.K. +E 2. Respondent was notified o t t to of hearing by certiaana l d'eis ing and the Code Enforcement Board has jurisdiction of this i.r f. v7: i / 3. Respondent,having been duly nbt},f 1;�id,.appear at t_31 e ti ll,ft acing. , / 4. The real property located at 2087 DeSoto-Bl L , apies, FL Folio #40420400004 (Legal Description: GOLDEN GATE EST., UNIT 72 N. 180 FT OF TR. 97), is in violation of Collier County Land Development Code 04-41,as amended,Section 10.02.06(B)(1)(A),in the following particulars: Incomplete home 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 permit(s)or demolition permit,inspections and Certificate of Completion/Occupancy on or before May 22,2016 or a fine of $200.00 per day will be imposed for each day the violation remains thereafter. • C. If Respondent fails to comply with this Order,the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance.If necessary,the County may request the services of the Collier County Sheriffs Office for the purpose of accessing the property for abatement. All costs of abatement shall be assessed against the property. *** OR 5163 PG 1491 *** D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of$65.85 on or before June 28,2015. 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. DONE AND ORDERED this C,( day of ),11 f',. ,2015 at Collier County,Florida. CODE ENFORCEMENT BOARD rperMER CO>'ITY,FLORIDA // i Y: t, .,iiisa RobJf aufm. , hal' STATE OF FLORIDA ) 2:51 •rth Horses iDriv- ap , ,Florida '44 )SS: COUNTY OF COLLIER) 1 The foregoing instrument was acknowledged before me this G( day of (,.(i) 2015,,,,hY Robert Kaufman,Chair of the Code En orc m t e r ,CColl'e County,Florida,who is crI ,s personally known to me or w iltrrydbIt Ttcci i8.l}.).}ri�v�,r's License as identification. • ..: .U1i11Ye� KAR ri All—,EY .. 1 \� l t MY COMMIS TON#EE87 btl ,Y PUBLIC t -'t •g: - / :!F,ur- `r ExPI ES F7bru=_tam,2 io ------ i'ss n expirBs: Om 395-7153 l 1orfda''6teryS vice.cz a tet"' PAYMENT OF FINES: Any fi•es +ger p d urs. nt this' r,er n1ay be paid at the Collier County Code Enforcement Department,2 q00 rt Horses oelD e, les`1FL(34J104,iPhone: (239)252-2440,Website: www.colliergov.net. Any release ; � tr r e o pli "ce 9r eo fi/-mation of the satisfaction of the obligations of this Order may also fined at this location. 3/1/4104; APPEAL: Any aggrieved party may'"t ak a final order of the 13�o rd o. (Zi cuit Court within thirty(30)days of the execution of the Order appealed. A `a,shall not be a hearingylf v�,,but shall be limited to appellate review of the record created within the off' l 6ari�ng. It is the psibility of the appealing party to obtain a transcribed record of the hearing from the 1� pqurts. 'lgaan';,` lipeal will not automatically stay the Board's Order. ......._:1:1__, 1. „, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct iii o is ORDER as been sent by U. S. Mail to Jose F. Garcia, 1875 16th Ave.N.E.,Naples,FL 34120 this if ••ay•I June,2015 l ra Lynne Nico :,Esquire orida Bar No.968900 Attorney for the Code Enforcement Board 681 Goodlette Road N.,Ste.210 Naples,Florida 34012 (239)261_-6909 ..,a1,-Of Flor(Ja Couug1;, Sftpt,1ER 1 r .. EB `, ' .tl 'THAT this is a true and 0orrcrt'C y t aeument on file in . B,C,or l.Vi1t-16, 7bcor;'s of Collier County �� W i 1 aS,rr," a, i<nu official seal this 4:1 . G 1 8,OCK,CL K OF COURTS Oar INSTR 5262824 OR 5270 PG 2598 RECORDED 5/6/2016 4:25 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No.—CESD20140017894 / BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA, Petitioner, vs. JOSE GARCIA, Respondent. / ORDER OF T1 C013 E1iF0' aMENT BOARD THIS CAUSE came on for public 1 ar '-'-'1)efore the Code En`fck"'r ni t Board on April 29,2016,and the Code Enforcement Board,having considered the testimony of the Codeforcernent Official,moved to continue this matter until the next hearing and/Iein jd l _dvissetl-in-the-p{er ises,he eupor issues its Findings of Fact, Conclusions of Law,and Order of ,e Cgde Enforce pent BBppard,as follows: il ' F_ND G F'•Ai ; I I 1. Respondent is charged w. ilattofi of Catli r C u�Land elppi 'ent Code 04-41,AS AMENDED, Section 10.02.06(B)(1)(A),tp he following particulars:liv i i, / \ -I' / /0/ �- Incomplete home a'/' ..„,.)/ Based upon the foregoing,and pursuant to to th oEi granted in Chapter 162,Florida Statutes,and Collier County Ordinance No.07-44,as amended,it is hereby ORDERED: A. The board continues this matter until October 28,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period. DONE AND ORDERED this 5 117 day of IV 1,2016 at Collier County,Florida, C•t -•RCEMENT BOARD OLLIER COI TY,FLO'.$A BY: "rr2 .OA o."'`Kau Op H STATE OF FLORIDA ) :00 , orth ''"°`•".e Drive Naples,Fl.r'-. 34104 �„� )SS: COUNTY OF COLLIER) *** OR 5270 PG 2599 *** t"'N The foregoing instrument was acknowledged before me this day of WlC 2016,b Robert Kaufman,Chair of the Code Enforcement Board of Collier County,'Florida,who is V personally known to me or who has produced Florida Driver's License as identification. z°•`; � KERRY ADAMS OTARY PU IC * J% * MY COMMISSION#FF 139721 My commission expires: ,.. na. EXPIRES:July 8,2018 9fEpFF o�`O Bonded Thru Budget Notary Services 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 fmal order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct_cepi ORDER has been sent by U. S. Mail to Mr. Joes Garcia,1875 16u'Ave.NE,Naples,FL 341' rthsao16. r �'` ---- � e• prceme6.Bo d I i tf -It (j{/ A:)\\\ State of Florida County of COLLIER I HEREBY CER t '4 i"*T'this is-a true and correct copy o.doeurr eiilv�i Board Minifies an¢` Q1 pals:o?collier"County WITNE$ my arldt fiicralsgal this ay oft' .;:q ct ' • 0 QW CO:-TS