Agenda 05/26/2015 Item #16A10 5/26/2015 16.A.10.
EXECUTIVE SUMMARY
Recommendation to approve the release of a code enforcement lien with an accrued value of
$217,000 for payment of $450, in the code enforcement action entitled Board of County
Commissioners v. Mark Brecher, Code Enforcement Board Case No. 2006090558 (A/K/A CEB
2007-05),relating to property located at 4830 Cherry Wood Drive,Collier County,Florida.
OBJECTIVE: That the Board of County Commissioners (Board) accepts an offer to release a
code enforcement lien with an accrued value of$217,000, for payment of$450, in relation to
Code Enforcement Board Case No. 2006090558 (A/K/A CEB 2007-05).
CONSIDERATIONS: As a result of a code violation at 4830 Cherry Wood Drive, which
consisted of the placement of vegetation and lime rock, within a 30-foot easement, known as the
"Harvey Canal and Travelway", without first obtaining the required Collier County permits, the
Code Enforcement Board ordered the imposition of a lien against Mark Brecher in Case No.
2006090558 (A/K/A CEB 2007-05). The lien was recorded in the Official Public Records on
May 30, 2008, at O.R. Book 4365, Page 1498 and it encumbers all real and personal property
owned by Mark Brecher. The accrued lien amount of$217,000 is based on 320 days of accrued
fines for order items 2 & 7 ($200 per day from April 25, 2007 through February 29, 2008), 744
days of accrued fines for order items 3 & 8 ($200 per day from March 30, 2008 through April
18, 2008) and 21 days of accrued fmes for order items 4 & 9 ($200 per day from April 15, 2008
n through May 5, 2008). The property was brought into compliance on April 12, 2010 for order
items 3 & 8 and on May 5,2008 for order items 4 &9.
This property was acquired by Ms. Dawn Brecher by warranty deed which was recorded on
October 31, 2006. Ms. Brecher has expended close to $30,000 on mitigation and permitting of
property as evidenced by the attached hardship letter and backup.
Pursuant to Resolution No. 2012-46, a request for waiver of fines may be considered when full
payment of a code enforcement lien would impose a fmancial hardship on the property owner.
Fines accrued by an existing owner may be considered for a waiver as long as the existing owner
has diligently pursued abatement and compliance has been achieved. The owner has been
actively maintaining the property and has paid $450 in fines. The owner is requesting waiver of
$216,550 in accrued fines.
FISCAL IMPACT:, Payment of $450 has been made. Operational costs in the amount of
$428.56 were paid prior to lien imposition. If approved by the Board, accrued fmes in the
amount of$216,550 would be waived.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and
approved it as to form and legality. Majority support is required for approval. This item
n conforms to the Board's policy contained in Resolution 2012-46. -KN
[15-CED-01019/1 175044/1]
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5/26/2015 16.A.10.
RECOIVIIVIENDATION: That the Board of County Commissioners waive the fines in the
amount of $216,550, accept payment amount of $450, release the liens and authorize the
Chairman to sign the attached releases and satisfaction of liens for recording in the Official
Public Records.
Prepared by: Jeff Wright, Director, Code Enforcement Division, Growth Management
Department
Attachments: 1)Release and Satisfaction of Lien
2)Lien Order
3)Hardship letter
[1 5-CED-0101 9/1 1 75044/]
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.10.
Item Summary: Recommendation to approve the release of a code enforcement lien with
an accrued value of$217,000 for payment of$450, in the code enforcement action entitled
Board of County Commissioners v. Mark Brecher, Code Enforcement Board Case No.
2006090558 (A/K/A CEB 2007-05), relating to property located at 4830 Cherry Wood Drive,
Collier County, Florida.
Meeting Date: 5/26/2015
Prepared By
Name: VillarrealRosa
Title: Operations Coordinator, Code Enforcement
4/28/2015 2:37:49 PM
Approved By
Name: PuigJudy
Title: Operations Analyst, Operations&Regulatory Management
Date: 4/30/2015 11:47:42 AM
Name: WrightJeff
Title: Division Director-Code Enforcement, Code Enforcement
Date: 4/30/2015 12:54:10 PM
Name:NoellKevin
Title: Assistant County Attorney, CAO General Services
Date: 4/30/2015 3:04:36 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/5/2015 7:36:15 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/5/2015 8:32:51 AM
Name: IsacksonMark
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5/26/2015 16.A.10.
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 5/5/2015 9:38:24 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 5/5/2015 12:59:02 PM
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This Instrument Prepared By:
Jeff Wright
Code Enforcement Division
2800 North Horseshoe Drive
Naples, FL 34104
(239) 252-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA is the owner and holder of a certain lien against all real and
personal property owned by:
Mark Brecher
Respondent
The lien was recorded on May 30, 2008, in Official Records Book 4365, Page 1498, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of sixty-
eight thousand four hundred dollars ($68,400), plus accrued interest and penalties, if any, and
imposes certain obligations against real property situated in Collier County, Florida.
Collier County, a political subdivision of the State of Florida, by execution of this Release and
Satisfaction of Lien, acknowledges payment as approved by the Board of County
Commissioners as satisfaction of the lien and hereby cancels and releases said lien.
The Clerk of the Circuit Court is hereby directed to record this Release and Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
Deputy Clerk Tim Nance, Chairman
Date: Date:
Approved as to form and legality
/7.7/ ////
Kevin N(5ell
Assistant County Attorney
CEB No.2007-05
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4172138 OR: INJ rv: liJO
RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL
05/30/2008 at 09:I2AK DWIGHT B. BROCK, CLERK
ABC FEB 18.50 -----■
Retn:
CODE ENFORCEMENT BOARDCOLLIER COUNTY CODE BNFORCBKEN
COLLIER COUNTY,FLORIDA BBN➢ISA KAR1:U OFBA COORDINATOR
INTEROFFICE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner, CEB NO.2007-0S
vs.
MARK BRECHER,
Respondent,
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on February 23,2007,after due notice to
Respondent at which time the Board heard testimony under oath,received evidence,and issued its Findings of Fact
po is e�~{ x� f> i� � ied ced to writing on March 4,2008 aunc
and Conclusions of Law and thereupon issue 1 rapt f3
,�
pro rum and furnished to Respondent an � recorded in the Public R rds f Collier County,Florida at OR
f
4336, PG 3659,et.seq.on March 7,7008 -„''-t
1 _....,2 \
An Affidavit of Non-Comppianal b-• fi e to}B•.r 6yiftie;Code Enforcement Official on
j 1
t l .
April16,2008,which Affidavit certtft?J�tule�r th.tj „het, • l• -d coa;ecti,ve)actt n has not been taken as ordered.
-v/
Accordingly,it having been bto t to the Board's attentio'i<r..thaa ReS� tdent has not complied with the
"f . 71 �/
Order dated March 4,2008,it is hcreb} �' �-''
0\ ,�.e/
ORDERED,that the Respondent, Ma Btepp pay,tpadJ_li0 ounty fines in the amount of$64,000 for
the period of April 25,2007 through February 29,2008(320 days)at a rate of$200 per day(Order Item#2 and#7),
plus S3.800 for the period of March 30,2008 through April 18,2008(19 days)at a rate of 5200 per day(Order Item
3 and e8).plus 5600 for the period of April 15,2008 through April 18,2008(3 days)at a rate of S200 per day
(Order Item e4 and#9)for a total of 568,400.00. The operational costs incurred in the prosecution of this case have
been paid.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
conies into compliance or until Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30)days of
the execution of the Order appealed. An appeal shall not be a hearing de novo,but shall be limited to appellate
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- 5/26/2015 16.A.10.
*** OR: 4365 PG: 1499 ***
rcciew of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall,pursuant to Section 162.09,Florida Statutes,constitute a lien
against the property as described and/or any other real or personal property owned by Respondent.
DONE AND ORDERED this 7244—clay of ,2008 at Collier County,Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY,FLORIDA
BY:
Gerald Lefebv ,Chair
2800 North Horseshoe Drive
Naples,Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was ao 3T ged before me th�' L5 day of (\.ka..9 ,2008,by Gerald
Lefebvre,Chair of the Code Enforcem�entgloard of Collier County,Florida whe is personally known to
me or Oho has produced a Floptda I�tiyers-License as idert(if iort�.
1 f "�r --� t
�� ?# ,,,`,% Kaan i iD 6 c-7' 01 ., `e LICC.
ion expires:
�: i
��� '" EXPIRES:dunel8 i t j r
$1,8/4,tY Bonded inn Now/ t, CERTIFICATE OFS`,RVICI ' ` I
, : /.,,
I HEREBY CERTIFY that a`trtT a d correct copy of this OR.QE hasbeen sent by U.S.Mail to
Mark Brecher,6400 Standing Oaks Lan ,N s,FL 34119 and to Jaso Mikes,Esq.,Quarles&Brady,tk
1 395 Panther Lane,Suite 300,Naples,FL 4Ae@4 f ,2008.
J_ �, ��
/1/2 .61.4.f 6a4.4-71.--- -
M.Jea awson,Esq.
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S.,Ste. 300
Naples, Florida 34102
St 01 FWRIUA (239)2b3 8206
ns
of COLUER
I HEREBY CERTr v THAT this is s insaail. -
*mat.COpy at a document on,f(la in'
Board Minutes and Recoras of Catlin Coin*
ESS my na and official seal this
of-2. '
BROC CLERK LERK OF COUNTS
ii
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Mr.Jeff Wright,Director
Collier County Code Enforcement
2800 N.Horseshoe Dr.
Naples,FL 34104
Re: Case#'s 2006090558,2006090292,Mark Brecher
Dear Mr.Wright:
Thank you for your recent efforts to resolve the above matter which began in 2006 when my husband
improperly cleared areas around and across from our home. I have previously acknowledged that this
work was performed without the required permits or approvals.
My husband was arrested and imprisoned in Jan.2008 and I assumed the responsibility to resolve these
matters with Collier County. Following my appearance before the Board I have spent$30,000 on
complete mitigation and permitting,resulting in a final inspection by the County on June 20,2010. I
assumed the case and associated fines were concluded upon receipt of the attached case closing letter dated
January 11,2011.
My husband remains in prison and I have returned to work to support my family in a Godly home. My
two oldest boys are now in college and I recently sold several acres of my property to provide for their
education.
At the time of the sale I was shocked to learn of the accumulated fines for a case I felt was resolved 5
years ago. I am in desperate need of these funds which have been placed in escrow pending the resolution
of this matter.
In recognition of my previous efforts and full compliance I am requesting relief from the accumulated
fines.
If you require any further information or my return to the Code Compliance Board please don't
hesitate to contact me.
Sincerely
Dawn Brecher
(239-293-0893)
Enclosures
Cc:Neil Dorrill
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Community Development & Environmental Services
Coker Connty
2800 Horseshoe Mitre N.
^. •e ,. ...- Naples,FL
34104
239-252-2400
Collier County Code Enforcement
Compliance Notification
Dated:January 11,2011
Owner:BRECHER, DAWN
4830 CHERRY WOOD DR
NAPLES, FL 341191448
Case Type: Vegetation Requirements
Violation Location: 4830 Cherry Wood Dr. Naples, FL
Violation Type: Vegetation Removal
Please be advised the Code Enforcement department has investigated 2006090558 which was opened on September 20,
2006. This letter is to inform you that this case was been closed by Susan O'Farrell on June 20,2010 as compliance has
been met. Thank you for complying with applicable County laws;such regulations are in place to help make Collier
County the wonderful place it is to live,work, and play. Should you require further details regarding your case the results
of the investigation are available online,via telephone,and in person at our office.
Thank you,
Cristina Perez, Investigative Supervisor
Collier County Code Enforcement
2800 N Horseshoe Drive
Naples,FL 34104
(239)252-2440
www.colliergov.net
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Boylan Enviromental
Fee 3000.00
Residential&cemetery 9931.23
TOTAL 12931.23
Wood and Wetlands
Restoration project-residential&cemetery lot
TOTAL 11486.40
Receipts from Collier County Board of Commissioners
TOTAL 2800
Quarles&Brady Attn.Fees
TOTAL 2414
GRAND TOTAL S2963I.63
Packet Page-437-
4:34 PM Boylan Environmental Consultants, Inc. 1
01128/15 Customer QuickReport
All Transactions
_-.,,Type __.__ Date Hum Memo Account Cir Split Debit Credit
Brecher Parcel
Invoice 06/30/2008 10949 Accounts Receivable -SPLIT- '"-1,750.00--e-
Payment 07/1412008 Undeposlted Funds X Accounts Rece... 1,750.00
Invoice 07731/2008 11043 Accounts Receivable -SPLIT- -1.157.00-C
Payment 08/13/2008 Undeposlted Funds X Accounts Rece... 1,157,00
Invoice 08/31/2008 11119 Accounts Receivable -SPLIT. -7- 49625-C.
Payment 09/15/2008 Undeposlted Funds X Accounts Rece... A 496.25
Invoice 10/31/2008 11239 Accounts Receivable -SPLIT- —•115.00-C
Payment 11/24/2008 Undeposited Funds X Accounts Rene... 115.00
Invoice 06/30/2009 11611 Accounts Receivable -SPLIT- .., 1,860.00-9.
Invoice 07731/2009 11853 Accounts Receivable -SPLIT- 159.73..
Payment 08/242009 Undeposlted Funds X Accounts Rece... ':P159.73
C or Invoice 08/312009 11691 Accounts Receivable -SPLIT- 613.25-G
Payment 09/232009 Undeposited Funds X Account Rece... 613.25
F.,Invoice 09/30/2009 11733 Accounts Receivable -SPLIT- -. 517.50
Payment 10/07/2009 Undeposlted Funds X Accounts Race... 1,860.00
Payment 11/02/2009 Undeposited Funds X Accounts Race... 517.50- Q
v (Z,Invoice 12/312009 11816 Accounts Receivable -SPLIT- -- 488.75 s 1L
n I It 4.C. Payment 01/072010 Undeposited Funds X Accounts Race... 488.75
77 Invoice 07/31/2010 12066 Accounts Receivable -SPLIT- --^1.53125
,m. Payment 08/302010 Undeposited Funds X Accounts Rece... 1,531.25
i....
C. Invoice 0928/2011 12395 Accounts Receivable -SPLIT- -. 663.75.-4C
r
v, Payment 10/07/2011 3134 Undeposlted Funds X Accounts Rece... 663.75
It R.invoice 09/19/2012 12623 Accounts Receivable SPLfT- ..... 578.75-ft
Payment 09/27/2012 3492 Undeposlted Funds X Accounts Rece... 578.75
W
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Woods and Wetlands,Inc. PROPOSAL
1 S 1 Ul) Wells Komi
Fort Myers.FL. 33917 { DATE PROPOSAL
Phone 239-567-1857 5/11/2010 1681
{ 1~qY 719-S67o937
mitascrAnnocc.c.
IDawn Brecher
14830 Cherry Wood Drive I
E'T 3/1119
DESCRIPTION QTY COST TOTAL
IRE: Restoration Project at Drecher Residential I
Plantings to be supplied and installed as follows:
12 (3 gallon)slash pines/laurel oaks 12 8.00 96.00
500(3 gallon)shrubs consisting of cocoplum, 500 7.00 3,500.00
beauty berry,myrsine and wax myrtle.
1113 (liner/bare root)herbaceous plantings 1,113 0.80 890.40
consisting of purple love grass,tickseed, smooth
cordgrass and fakahatchee grass.
We thank you for the oppurtunity to bid on this project. Prices TOTAL
honored for 30 days. $4,486.40
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Woods and Wetlands,Inc. \e. PROPOSAL
18100 Wells Road
Myers,FL. 33917 } DATE PROPOSAL#
Phone 239-567-1857 C, '` 8/5/2008 1383
Fax 239-567-0932
NAME/ADDRESS
Dawn Brecher
DESCRIPTION QTY COST TOTAL
RE: Project at neighboring home lot(revised)
250(3 gal.)saw palmettos to be furnished and 250 14.00 3,500.00
installed.
190(3 gal.)herbaceous plantings to be furnished 190 8.00 1,520.00
and installed.
Herbicide treatment of area for one year to be 2 150.00 300.00
performed semi-annually @$150.00 per event.
If accepting terms of proposal please sign and
return to above fax number for scheduling. Thank
you.
1
Authorizifig Signature
We thank you for the oppurtunity to bid on this project. Proposal TOTAL
amount honored for 30 days. $5,320.00
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Exhibit A ^
Scope of Services '
Brecher Parcel
•
Task 1 Coordination and Preparation of Restoration & Mitigation Plan
A meeting will be held with Collier County to review the violation site and confirm with
Collier County the specific areas for restoration and the details of the replanting and
management plan. A site inspection will be conducted to assess the existing conditions
and surrounding area conditions to determine pre-violation conditions. After the
inspection,a restoration and management plan will be prepared for review and approval
by the Client.The plan will then be submitted to Collier County for their review and
approval.
Fee $3000
{
This fee does not include coordination of implementation of the management plan,only
the preparation of the plan.
{
{
{
fi
I 1
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Official Receipt - Collier County Board of County Commissioners
CDPR1103-Official Receipt
Trans Number j Date I Post Date Payment Slip Nbr
923696 1 3/2/2010 2:40:14 PM 1 3/2/2010 AR 13767
Appl Name: BRECHER, DAWN
Appl Stage/Status: RELEASE STAGE/PENDING
Address:4830 CHERRY WOOD DR NAPLES FL 341191448
Proj Name:4830 CHERRY WOOD DRIVE
Type: TAZ:60
Subdiv Nbr: 793
Project Nbr. 2008090019
Payor: BRECHER, DAWN
Fee Information
Fee Code Description GL Account i Amount Waived
11 CLGR VRP'S AG AND SITE CLEARING 113117898434126000000 $800.00
Total $800.00
Payments
Payment Code Account/Check Number Amount I
CASH I I $800.00 1
Total Cash C� $800.00
Total Non-Cash I $0.00
Total Paid $800.00
Memo:
Cashier/location: LEADERENCE / 1
User: LEVYMIKE
Collier County Board of County Commissioners Printed:3/2/2010 2:40:28 PM
CD-Plus for Windows 95/NT
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Official Receipt - Collier County Board of County Commissioners
CDPR1103-Official Receipt
Trans Number Date Post Date Payment Slip Nbr
856554 ,9/17/2008 12:45:50 PM 9/17/2008 AR 13767 _ J
Appl Name: BRECHER, DAWN
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 4830 CHERRY WOOD DR NAPLES FL 341191448
Proj Name: 4830 CHERRY WOOD DRIVE
Type: TAZ: 60
Subdiv Nbr: 793
Project Nbr: 2008090019
Payor : DAWN BRECHER
Fee Information
[Fee Code 'Description r GL Account Amount Waived
11CLGR VRP'S AG AND SITE CLEARING ! 13117898434126000000 1
Total ' $600.00
Payments
Payment Code Account/Check Number j Amount
f CHECK _ 12255 Tj $600.00
Total Cash $0.00
Total Non-Cash L $600.00
Total Paid $600.00
Memo:
50 + So(Savie-) 250 _ 500 s _ V' 0
!a y W
Cashier/location: MURPHYLINDA / 1
U - : ADERENCE
ClaCtfiftj..
Collier County Board of County Commissioners Printed:9/17/2008 12:46:11 PM
CD-Plus for Windows 95/NT
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Official Receipt - Collier County Board of County Commissioners
CDPR1103-Official Receipt
Trans Number Date Post Date Payment Slip Nbr
869543 11/24/2008 12:33:32 PM 11/24/2008 ,AR 13767
Appl Name: BRECHER, DAWN
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 4830 CHERRY WOOD DR NAPLES FL 341191448
Proj Name: 4830 CHERRY WOOD DRIVE
Type: TAZ:60
Subdiv Nbr: 793
Project Nbr:2008090019
Payor: DAWN BRECHER
Fee Information
1Fe Coe de Description GL Account Amount Waived
11 CLGR VRP'S AG AND SITE CLEARING j 13117898434126000000 $1400.00
Total $1400.001
Payments
Payment Code Account/Check Number _ Amount
CHECK _2328 $1400.00,
Total Cash $0.00
Total Non-Cash $1400.00
Total Paid L _$1400.001
Memo:
Cashier/location: MURPHYLINDA / 1
User: SEABASTY J
Collier County Board of County Commissioners Printed:11/24/2008 12:34:00 PM
CD-Plus for Windows 95/NT
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COLLIER COUNTY 5/26/2015 16.A.10.
BOARD OF COUNTY COMMISSIONERS
PERMIT
:RESIT #: 2010021295 PERMIT TYPE: FNCE VALID #: 295
3SUED: 02-22-10 BY: EVELYNTRIMINO APPLIED DATE: 02-22-10 APPROVAL DATE: 02-22-10
4STER #: COA # :
DB ADDRESS: 4830 CHERRY WOOD DR
DB DESCRIPTION: 4' WOOD POST W/BARB WIRE JOB PHONE:
JBDIVISION #: 793 - Golden Gate Estates Unit 95 BLOCK: 122 LOT: O
GOOD MAP: 0425 ZONE: X ELEVATION:
DLIO #: 0000041832680000 SECTION-TOWNSHIP-RANGE 4 49 26
rJNER INFORMATION: CONTRACTOR INFORMATION:
RECHER, DAWN JACOBSEN, JACK H.
400 NW 16TH AVE 119 FLAME VINE DR.
kPLES, FL 0 341190000 NAPLES,FL 34110-
CERTIFICATE #: 15452 PHONE: (239)594-9866
CC CODE: 998 - EXPRESS/RESIDENTIAL OTHER
DNSTRUCTION CODE: 10 / OTHER
DB VALUE: 1, 600.00 TOTAL SOFT:
ETBACKS FRONT: REAR: LEFT: RIGHT:
EWER: SEPTIC WATER: WELL
DNTACT NAME: JACK JACOBSEN
ONTACT PHONE: (239) 572-1700
Per Collier County Ordinance No.2002-01,as it may be amended,all work must comply with all applicable laws,codes.ordinances,and any additional
stipulations or conditions of this permit.This permit expires if work authorized by the permit is not commenced within six(6)months from the date of
issuance of the permit.Additional fees for failing to obtain permits prior to the commencement of construction may be imposed.Permittee(s)further
understands that any contractor that may be employed must be a licensed contractor and that the stricture must not be used or occupied until a Certificate of
Occupancy is issued.
IOTICE:PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE,FEDERAL
N)STATE LAWS REQUIRE THE PERIVIITTEE(EITHER THE OWNER OR CONTRACTOR)TO SUBMIT A NOTICE OF
'HE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION(DEP). FOR MORE
''FORMATION,CONTACT DEP AT(239)332-6975.
addition to the conditions of this permit,there may be additional restrictions applicable to this property that may be found in
le public records of this county,and there may be additional permits required from other governmental entities such as water
tanagement districts,state agencies,or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
:OMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT,
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COLLIER COUNTY
COMMUNITY DEVELOPMENT& ENVIRONMENTAL SERVICES DIVISION
ENVIRONMENTAL SERVICES DEPARTMENT
AFTER THE FACT VEGETATION REMOVAL PERMIT
ATFVRP - 13767 Folio Number: 0000041832680000
This is an After the Fact permit for clearing that has already occurred on the property of 4830
Cherry Wood where vegetation was removed for the accessory uses as described in the attached
Mitigation Plan (Revised December 10, 2009 by Boylan Environmental Consultants).. The
Mitigation Plan includes the required planting to be done in areas that a permit for clearing could
not be issued. The following conditions apply per Collier County Land Development Code Chapter
3.05.
GENERAL CONDITIONS:
1. This permit must be kept on site, and be available for inspection by County, State, and Federal
officials.
2. This permit does not obviate the owner/agent from obtaining required permits of County, State,
and Federal jurisdictional agencies; specifically the Army Corps of Engineers.
3. No other protected vegetation shall be injured in any way, including root systems.
4. Within one month of any site work,vegetation debris shall be removed from the site to an
authorized waste facility.
SPECIFIC CONDITIONS:
1. This permit is effective on 4/12/2010 and expires at 11:59 p.m. on 10/12/2010.
2. Vegetation shall be planted in accordance with the attached Mitigation Plan.
3. This permit requires annual maintenance(exotic removal)as required by Land Development
Code Chapter 4.06.05.
4. The planting shall be done within six months of issuance of this permit (10/12/2010).
5. The current water restrictions in Collier County are as follows for Irrigation for New
Landscape in place less than 60 days: ALL Addresses—Five days a week, Monday through
Friday, 12:01 AM to 8:00 AM for all types of irrigation; low volume hand watering allowed
anytime.
6. Per Collier County Land Development Code 10.02.06.E., the following conditions apply:
i. A monitoring program shall be required that would determine the survivability by species of
the plants used in the mitigation effort. A minimum of two reports will be submitted. Reports
shall be due at 1-year intervals.
ii. An eighty percent survival by species shall be required for a two-year period unless other
arrangements are specified and agreed upon in the mitigation plan. Replanting shall be
required each year if the mortality exceeds 20 percent of the total number of each species in
the mitigation plan. Should the County Manager or designee determine the need for an
extended monitoring schedule, monitoring may continue until at least an eighty percent
survival of required planting(s) has been attained.
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5/26/2015 16.A.10.
iii. The soil and hydrological conditions for some mitigation areas may favor some of the
plants and preclude others. Should the county and/or consultant find that over time, some of
the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the
consultant and the county, and a revised plan will be instituted. This condition shall not apply
to all mitigation areas and each case will be evaluated individually, based on the supported
[supporting] data submitted by the mitigator.
iv. Should there be a change in ownership of the property identified in the approved
mitigation plan, the seller will be responsible for notifying the buyer of the mitigation plan and
any requirements pursuant to the plan.
ENVIRONMENTAL SERVICES STAFF DATE
Property Owner: BRECHER, DAWN Authorized Agent: BRECHER, DAWN
Address: 4830 CHERRY WOOD DR Address: 4830 CHERRY WOOD DR
NAPLES, FL 341 191448 NAPLES, FL 341 191448
Phone: 239-455-6296
I have read and understand Collier County Land Development Code Chapter 3.05 and I agree
to the conditions of this permit.
OWNER/AGENT DATE
C: VRI File
Collier County Code Enforcement Department
Packet Page-447-
3/132015 Outlook.corn Print Message 5/26/2015 16.A.10.
Print Close
' Quarles & Brady LLP Estate Planning Leder History
From: Olmsted, Diana (NAP x4930) (Diana.01msted@quarles.com)
Sent: Fri 3/13/15 3:40 PM
To: 'brechermd@hotmail.com' (brechermd@hotmail.com)
Hi Dawn -
I hope this helps you.
Diana
Diana Olmsted
Accounting Specialist
Quarles & Brady LLP
P- 1395 Panther Lane
Suite 300
Naples, Florida 34109-7874
Website: www.quarles.com
Direct Dial: (239) 434-4930
Direct Fax: (239) 213-5452
E-mail: diana.olmsted@quanes.corn
https://bay181.maitlive.com/ollmail.mvc./PrinNessages?mIct=en-us Packet Page -448- 112
Ledger History-[127387.00003-Estate Planning] 5/26/2015 16.A.10.
Client:127387-Bracher,Dawn 3/13/2015 2:37:13 PM
1 Credit tlfrailac
T pa Invoice ; Document Data Fees Costs?Other .
Total 1
Description Credits
BILL 1444568 (09/18/2008 823 50 0.00 0.00 823.50
PAYMKE 1444568 2268 Dawn Brech#08130t200B -823.50 0.00 0.00 -823.501
BILL 1449327 110/14/2008 1,524.50 clop 0.00 1,524.50
PAYMKE 11449327 2309 dawn brecher'11/10/2008 -1,524.50 0.00 0 00 -1,524.50
'BILL 1677326 07/122011 66.00 0.00 0.00 66.00
PAYMKE 1677326 13086 JDawn B 07282011 -66.00 0.00 0 00 -56.00
GRAND TOT 1_ -- °00 0.00 000 0.00
Packet Page -449-