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CEB Agenda 02/22/2018 Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 February 22, 2018 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Member Lionel L’Esperance, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Kathleen Elrod, Alternate Vacant, Alternate Notice: Respondents 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 proce edings 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. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME B. STIPULATIONS C. HEARINGS 1. CASE NO: CESD20170018508 OWNER: A V Vision LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations and additions commenced without obtaining proper Collier County Building Permits. FOLIO NO: 32488080005 VIOLATION 4588 Parrot Ave, Naples ADDRESS: 2. CASE NO: CESD20140020490 OWNER: Betty M Hijazi and David Lopez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). An addition to the main structure without obtaining a Collier County Building Permit. FOLIO NO: 40233720007 VIOLATION 2545 Randall Blvd, Naples ADDRESS: 3. CASE NO: CESD20170008064 OWNER: Lynne V. Cadenhead OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired building permit PRBD20150827018. FOLIO NO: 74414040006 VIOLATION 3414 Cherokee Street, Naples ADDRESS: 4. CASE NO: CESD20160019061 OWNER: Charles Berkley Tabeling and Fia Michelle Carter OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired permit PRBD20131024457 and alterations to include canopy, boat lift (electric), floating dock, ramp, and stairs. FOLIO NO: 52341720000 VIOLATION 15 Capri Blvd, Naples ADDRESS: 5. CASE NO: CESD20130017006 OWNER: Casata Holdings Inc OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Completion. Brick fire pit, wood playhouse and tiki hut built without obtaining required Collier County Permits. FOLIO NO: 162080007 VIOLATION 500 Euclid Ave, Naples ADDRESS: 6. CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c). Failure to maintain lake and storm water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION No Site Address ADDRESS: 7. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Enclosed overhead door opening with a cement block wall with double man door in it without obtaining required Collier County Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road Unit 4, Naples ADDRESS: 8. CASE NO: CESD20170013474 OWNER: Joseph J. Rios OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and 2014 Florida Building Code Section 105.1. Metal shed to the east of the property and the pergola to the south of the property constructed without permits, concrete fencing on the back of the property without Collier County Building Permits. FOLIO NO: 34615001156 VIOLATION 40 Wickliffe Drive, Naples ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CELU20170004265 OWNER: 11222 Tamiami LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Commercial container being stored on an unimproved lot. FOLIO NO: 60783280006 VIOLATION No Site Address ADDRESS: 2. CASE NO: CESD20160017293 OWNER: Manuel Lopez Parchment OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. FOLIO NO: 35740520006 VIOLATION 2069 41st Ter SW, Naples ADDRESS: 3. CASE NO: CESD20160011175 OWNER: Maria O. Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 VIOLATION 5326 Trammell St., Naples ADDRESS: 4. CASE NO: CESD20160015133 OWNER: Esmerido Castro OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). New exterior door, a wall mounted air conditioning unit, partitioned walls and plumbing fixtures installed/added to the existing attached garage on improved occupied residential property without first obtaining a permit. FOLIO NO: 36378000007 VIOLATION 5260 21st PL SW, Naples ADDRESS: 5. CASE NO: CEROW20150023030 OWNER: Patrick J. Browne and Beatriz Z. Perez OFFICER: 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). A culvert/drainage pipe in need of repair or replacement. FOLIO NO: 00164960002 VIOLATION 203 Willoughby Dr., Naples ADDRESS: 6. CASE NO: CESD20160019904 OWNER: Nilkanth Hospitality Inc OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). The installation of new staircase and impact windows to the main structure without first obtaining Collier County Building Permit. FOLIO NO: 75210040005 VIOLATION 721 N 15th St., Immokalee ADDRESS: B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER C. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE - THURSDAY MARCH 22, 2018 AT 9:00 A.M. XII. ADJOURN Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4821) DOC ID: 4821 Updated: 2/9/2018 2:25 PM by Danny Blanco Page 1 CESD20170018508 A V Vision LLC CASE NO: CESD20170018508 OWNER: A V Vision LLC OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations and additions commenced without obtaining proper Collier County Building Permits. FOLIO NO: 32488080005 VIOLATION 4588 Parrot Ave, Naples ADDRESS: 5.C.1 Packet Pg. 6 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20170018508 VS A V VISION LLC, Respondent(s) NOTIgE 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: 0212212018 TIME: 09:00 AtM PLACE: 3299 Tamiami Trait East Building F, Naptes , FL 3411i VIOLATION: lmprovement Prior to Building Permit 10.02.06(8)(1)(e) and 10.02.06(8)(1)(a). LOCATION OF VIOLATION:4588 Parrot AVE, Naptes SERVED: A V VISION LLC, Respondent Colleen Davidson, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGTN 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. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing to include emphasis on section Eight relating to the appeal process. Danny Blanco COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telep hone IF YOU ARE A PERSON WTH A DISABILITY WJO NEEDS ANY ACCOIVIMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU O TH 34112 (239\774'8800; ASSISTED LlsrENlNG DEV|cEs FoR THE HEARING tupatReo nnE everGeli iNlHe couNTy coMMtsstoNERS,oFFtcr Avdtisman - Tout odisyon yo fet an angld. Nou pan gin moun pou fe tradiksyon. si ou pa pal6 angld tanpri vini avek yon intdprdt pou pal6 pou-ou. 5.C.1.a Packet Pg. 7 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COLINTY COMMISS]]ONERS, Petitioner DEPT CASE NO. CESD2OT7OO185O8 A V Vision LLC., Respondent(s) STATEMENT OF VIOLATION AND PursuanttoSection|62.o6andi62.12,o,o.ffintyordinanceNo'2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more palticularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 2. Description of Vir;lation: Alterations/ additions commenced without obtaining proper Colller County building ; ::rmits. 3. Location/address where violation exists 32488080005 4588 Parrot Ave. Naples, FL 34104 Folio # 4. Nameandaddres:ofowner/personinchargeofviolationlocation: AVVisionLLC.36T4Arctic Circle Naples, FL 34172 5. Date violation firs. observed: November 28,2017 6. Date owner/perso;: in charge given Notice of Violation: November 29,2017 i . Date oruby which ziolation to be corrected: December 28,2017 8. Date of re-inspecti .rn: January 30, 2018 9. Results of Re-ins1::ction: Violation remains STATE OF FLORID.. COUNTY OF COLL IR Based upon the tbregoing, the ur-dersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts tc secure compliance with the Collier County Code failed as aforesaid; and that the violation should be referred to the ;lollier County Code Enforcement for a public Dated this 8th day of iebruary, 2018 Davidson Code Enforcement Investigator STATE OF FLOzuDj COUNTY OF COLLiT.R Sworn to (or and subscribed befor,:this.$a day ot_Eeb4iary, 2018 by of |Io';ary i iblic)(Print/Type/Stamp Comrnissioned Name of Notarv Public) Personally known _'_x__ or produced identification Type of identifi catiorr -rroduced w. ER|C SltoRT MY COttlMlSStON, FF230832 EXPIRES May22,ZOtgREV 1-2-15 L Violation of Ordinance(s): Collier County Land Development Code, 04-41 as amended, Section I 0.02.06(BXl)(a) and I 0.02.06(8)(l )(e) 5.C.1.a Packet Pg. 8 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) Case Number; CESD201 70018508 Date: November29,2017 lnvestigator: Colleen Davidson Phone: 2392522975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner:AVVISIONLLC 3674 ARCTIC CIRCLE NAPLES, FL 34112. Location: 4588 Parrot AVE UnincorPorated Col lier CountY Zoning Dist: RSF-4 Fiop""tty Legal Description: FLAMINGO EST BLK H LOT 17 OR 1543 PG 1310 Folio: 32488080005 NOTICE pursuant to collier county consolidated code Enforcement Regulations, collier county code of Laws and ordinances, Chapter 2, Article lX, 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, lnspections, certificate of occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10 02.06(BXl Xa) Submittal Requirements for permits. Building or Land Alteration Permits. lmprovement of property prohibited prior to issuance of building permit. Collier County LJnd Development Code 04-41 as amended, Section 10.02.06(BXl)(e) Violation Status - lnitial DESCRTPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Alterations/ additions commenced without obtaining proper Collier County building permits. ORDER TO CORRECT VIOLATION(S): You are direeted by this Notice to take the following corrective action(s): lnitial lnspection 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/ alteration, ON OR BEFORE: 1212812017 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 The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as ,equiieo oy 6re coltier corntv aJiro-ing code or this code are in accord witn tne requirements of this code, and no building or land alteration permit shall be issued w,tho-ut written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this seciion a lanci alteration permit shall mean any written authorization to alter land and for whrch a buildingipermit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvats, agricultural clearing permits, and biasting permits- No building-or structure shall be erected, moved, added to, altered. utitized or altowed to exist and/or n-o land alteration shaltbe permitted without first obtaining the authorization of the required permit(s), rnspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : lmprovement of property prohibited piior 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 iun"r"ir,e development proposui requires a building permit under this Land development Code or other applicable county regulations,.,: 5.C.1.a Packet Pg. 9 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 239 252-2440 FAX: 239 252-2343 Colleen Davidson Case Number: CESD2017001850B Signature and Title of Recipient Printed Name of Recipient Date *This violation may requlre additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not llmited to: rlght-of-way permlt, building permit, demolition of structure, Site Development Plan, lnsubstantial Change to Site Development Plan, and Variances along wlth, payment of impact fees, and any new or outstanding fees required for approval. 5.C.1.a Packet Pg. 10 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) AFFIDAVIT OF POSTING Code Case Number: CESD2017OO18508 Respondent(s): A V VISION LLC THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Ch eck the applic ab le docu me nt(s)] Xruoti." of Violation _Notice of Hearing *Notice of Hearing/lmposition of Fines *Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Colleen Davidson, Code Enforcement Official, hereby swear and affirm that I have personaily posted the above described document(s) for the above respondent(s) at 4588 Panot AVE , on 11t29/17 (Date), at 1 1:30 a.m. (Time), and at Davidson STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or afflrmed) and subscribed before me this 29th day of November,2017 by Colleen Davidson (Name of person making statement) ( (Signature of 2021 Seflk r (Print, type or stamp Commissioned Name of Notary Public) XPersonally known *Produced identifi cation Type of identification produced . . .-.,^r tA 5.C.1.a Packet Pg. 11 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) AFFIDAVIT OF MAILING Code Case Number: CESD201700't 8508 Respondent(s): Mailed NOV cert lreg7017 1000 0000 05482227 CESD20170018s08 NOV CD #14 A V VISION LLC 3674 ARCTIC CIRCLE NAPLES, FL 34112 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines *Citation _Notice to Appear Code Enforcemenl Board Evidence Packet _Other. I Neil Dav, 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 3674 ARCTIC CIRCLE NAPLES, FL 341 12, on _11130117 _ (Date), at _12:48pm_ (Time). ature Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _30th_ day of _November_. 2017 by Neil Day (Name of person making statement) DAILYMVARRO *MY COMMISSION, FF 1CSA EXPIRES: January 15, 20rg Sorded nn, Sudget HrbrySeftt€i (Print, Notary type or stamp Public) Commissioned N ame of X Personally known _Produced identification 5.C.1.a Packet Pg. 12 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) Collier Countv Land Development Code. 04 41, as amended, Section L0.02.06(BX1)(a) & I0.02.06(BX1Xe) a B. Buildittg Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration pennits. The County Manager or his designee shall be responsible for detennining rvhether applicatiorrs for building or Iand alteration pennits, 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 pennit shall be issued rvithout written approval that plans submitted confonn to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration perrnit shall rnean any written authorization to alter land and for which a building permit may not be required. Exarnples include but are not limited to clearing and excavation pennits, site development plan approvals, agricultural clearing perrits, and blasting permits. No building or structure shall be erected. moved, added to, altered, utilized or allorved to exist ancVor no land alteration shall be permitted without first obtaining the authorization of the required permi(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or laud alteration pennit application shall be approved by the County Manager or his designee for the erection. rnoving, addilion to, or alteration of any building, structure, or land except in conformity witlr 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 lvritten order from a couft or tribunal of competent jurisdiction. e. lmprottement of property prohibited prior to issuance of building perntil. No site work. removal of protected vegetation, grading, improvement of property or construction of any type may be cotnmetrced 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 minirnize 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 i9!!9lf-{.06.1[ A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation relrroval perm it for exotics pursuant to Chapters 3 and I 0. 5.C.1.a Packet Pg. 13 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) INSTR 5452354 OR DWIGHT E. BROCK, , Doc@.70 $1,785.00 coNs $255,000.00 5434 PG 3962 E-RECoRDED 9/27/ZOl7 A2t26 PM PAGES 2 CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc s18.50 This instrument was prepal'ed without opinioo of title by: Brian J. Thanasiu Cheffy Passidomo, P.A. 821 Fifth Aveuue South Naple.s, Florida 34102 (239) 261 -9300 File Nunrber: 12799-0001 Consideraticnr : $25 5,000.00 General Warranfy Deed THIS GENERAL WARRANTY DEED,17, by William L. Papineau, an unrernarried widower, whose address is 3159 Linle Valley called the "grantof", to A,V. Vision LLC, a Florida limtted llability conrpany, whose "grantee": Florida 34112, hereinafter called the (Whencver used hercin lbe ternl "gralltor'lcgal rcprescnlativcs and assigns of individuals, und the succcssors and assigns of lVitnesseth, that the grantor, for 0,00) and other valuable considerations, conveys and confirms unto the grantce,receipl whercof is heteby acknowledged, all that certnin land situate in Collier County, .Lot 17, Block I{, I.LAMINGO ESTATES, Collier County, Florida. 10, Pages 34 and 35, Public Records of Parcel [D Nurnber: 32488080005 Together wit} all the tonements, hereditzunents and appurtenances theleto belonging ol in anywise appertaining. To Have and to Hold, the same il foe siurple forever, And $re grantor hereby covenants witb said grantee that the grantor is lawfully seized of said lanct in fee simple; that the grantor has good right and lawful autholity to selt and convey said land; that the grantol hereby fi:lly warranrs the title to sa.id land and will defend the same against the lawful clairns of all persons whomsoever; andthatsaid land is fi'ee of all encumbrances exc€pttaxes for.tl.leyear 2017 and subsequent years, z.oning, buitding code and other use restrictions irnposed by governmental author,ity, restrictions, reservations and easements comrnon to the subdivision, and outstaading oil, gas and mirreral intereits=of record, if any, is 3674 Arctic Florida consideralion of the plat bargar'ns, sell.s, (remainder of page intentioually left blarrk) 5.C.1.a Packet Pg. 14 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) *** oR 5434 PG 3963 *** In Witness Whereot the said grantor has signed and sealed these presents the day and year first above written Signed, sealed and delivered in our presence o L. Printed Nome @ Witness Printed 3'i,linl#""0'F, u( The foregoing insblrment was unremarried widower, who is personally i am a commissioned notary public in the (Notary Seal) Lir 0 2017, by William L. Papineau, an as identification. (-n2 Ae h ee, Lot- 0 Print U,',tq**.,-DiL4.h--$fl4! {J t 5.C.1.a Packet Pg. 15 Attachment: CESD20170018508 A V Vision LLC (4821 : CESD20170018508 A V Vision LLC) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4822) DOC ID: 4822 Updated: 2/9/2018 2:32 PM by Danny Blanco Page 1 CESD20140020490 Hijazi and Lopez CASE NO: CESD20140020490 OWNER: Betty M Hijazi and David Lopez OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). An addition to the main structure without obtaining a Collier County Building Permit. FOLIO NO: 40233720007 VIOLATION 2545 Randall Blvd, Naples ADDRESS: 5.C.2 Packet Pg. 16 VS. CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20140020490 BETTY tU HIJAZIAND DAVID LOPEZ, 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3411i VIOLATION: Building Permit LDC 10.02.06(BX1Xa) LOCATION OF VIOLATION:2545 Randall BLVD, Naples SERVED: BETTY M HIJAZI AND DAVID LOPEZ, Respondent Tony Asaro, lssuing 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. lT !S 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 Te lephone IF YOU ARE A PERSON WTH A DISABILITY \Aft1O NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 330,1 EAST TAMIAMI TRAIL, NAPLES FLORID, 34112 1239)774.8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS,OFFICT entendimiento mn las @municaciones de este evento. Porfavor traiga su propio traductor. Aveilsman - Tout odisyon yo fdt an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon int6prdt pou pal6 pou-ou. 5.C.2.a Packet Pg. 17 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, petitioner DEPT CASE NO. CESD2OI4OOaO49O Betty M. H4azi & David Lopez, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FORHEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, theundersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as moreparticularly described herein, and hereby requests a public hearing before the Collier County Code Enforc".rrt gouid, for thefollowing reasons: I . Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section I 0.02.06(B)( I )(a). 2. Description of Violation: An addition to the main structure without obtaining a Collier County Building Permit. 3. Location/address where violation exists: 2545 Randall Blvd Naples, FL 34120 Folio# 40233720007. 4. Name andaddress of owner/person in charge of violation location: Betty M. Hijazi &David Lopezl0l3 Capri St Coral Gables, FL 33134. 5. Date violation first observed: October 13,2014. 6. Date owner/person in charge given Notice of Violation: October 23,2014. 7. Date on/by which violation to be corected: November 22,2014. 8. Date of re-inspection: December26,2017. 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 violationcontinues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that theviolation should be referred to the Collier County Code Enforcement Board for a public hearing. nu,.a trir,}LS auy oN\e L, 2o\'J \*/^. i L-{;5 \*-."- Tony Asaro Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed (Signature of Public) Personally known y'or produced identification ) and subscribed before thi&fi; or DCgoJJuv Tovu1 Atrc (Print/Type/Stamp Commissioned Name of Notary Public) KERRYADAMS MY COMiI,IISSION * FF 139721 EXPIRES: July 8, 2018 Sonded Thru Budget Nolary Services * REV'1-2-15 Type of identification produced * --PSY-Pg,+v rrrr. (/o 5.C.2.a Packet Pg. 18 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) Case Number: CESD20140020490 Date: October 22, 2014 Investigator: Tony Asaro Phonei 239-252-2488 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HlJAZl, BETry M DAVID LOPEZ 10,I3 CAPRI ST CORAL GABLES, FL 33134- Location: 2545 Randall BLVD Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 69 W 75FT OF E 150FT OF TR 34 Folio: 40233720007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, 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, lnspections, Certificate of Occupancy Required) Collier County Land Development Code 04-4'l , as amended, Section 1 0.02.06(BX1Xa) 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 ce(ificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - lnitial DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: An addition to the main structure without obtaining Collier County Building Permit(s) ORDER TO CORR CT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 1112212014 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 COIVIMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 FAX: 239 252-2343 -la lnvestigator Signature 5.C.2.a Packet Pg. 19 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) Tony Asaro Signature and Tjtle 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 federalregulations, including, but not limited to: right-of-way permit, building pelmit, demolition of structure, Site Development plan, lnsubstantiatchange to site Development Plan, and variances along with, payment of impact fees, and any new or outstandingfees required fo. approval. 5.C.2.a Packet Pg. 20 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) AFFIDAVIT OF POSTING Respondent{s): HIJAZI. BETTY M DAVID LOPEZ Code Case Number: CESD20140020490 THE DESCRtpTtoN oF rHE DOCUI\rENT(S) posTED: {Check the appticable clacument{s)l XNotice of Violation _Notice of Hearing _Notice of Hearing/lrnposition of Fines _.Citation *Notice to Appear *Code Enforcement Board EvicJence packet Other: I Tonv Asaro, code Enforcement officiar, hereby swear and affirm that l have personally posted the above described document(s) for the above respondent(s) at 2S4S Randall BLVD , on October 23, 2014, and at the X Collier County Courthouse Courthouse Tony Asaro STATE OF FLORIDA COUNTY OF COLI-IER and before nre \ 2014 by Tony Asaro {Name person ature (Print,Name of Notary ,r* Personally known _Produced identification Type of identification producecj type or slamp Public) 5.C.2.a Packet Pg. 21 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) AFFIDA\1IT OF MAILING Respondent(s1: HIJAZI. BETTY M DAVID LOPEZ THE DESCRIPTION OF THE DOCUMENT(S) SERVED: {Cbeck the appticable document(s)l X Noti.u of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines *Citation *Notice to APPear *Code Enforcement Board Evidence Packet Other: Code Case Number: CESD20140020490 l1ll1l hrl,gl 11 rrlll11 s,l1 11rllll t ltll't,l t,l l l lllr l sllllrl l,ll ll CASE: CE$D20140020490 HlJAZl, Betty & David Lopez 1013 Capri St Coral Gables, FL 33134 I lndira Raiah, 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 1013 CAPRI ST CORAL GABLES, FL 33134, on 10t2112014 (Date), at 12'AB PM (Time). V rt' / fr-&tloY lndira Rajah STATE OF FI.ORIDA COUIITY OT COLLIER Sworn to (or affirmed) and subscribed before rne this 21st day of October, 201;1bY lndira Rajah (Name of person making statement) ry ir- a' ,:: rr ..^l','1i. rl i:,';,j.i::i l': I i,, ;::'l r!Jr:r:a::::iji (Print, type or stamp Notary Public) Narne of X Personally known _Produced identifi cation Type of identification Produced d-k* 5.C.2.a Packet Pg. 22 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) Collier Counfy Land Development Code 04-41 ss amended' Section 10.02,06(B)(1)(a) ocnerolll,. Any pcm)lt submifted to thc county ,nust mcct fhc roqullcnlonts for that partloular pornlL sJ nrorc specifi cally statcd bc)ow. 1, Relation to stralc and fedel al statules. a. Required slalc and/or fedcral permils. Whcrc proposed usc or devclopmcnt l'equilcs Sfate or fcdclel develqpment orders orpernrits priol to usc oi developmerlt, such devclopmert ordorr orPclnllts must bc secured from sfate or federal agcncics prior lo oonlmonccmelt ofafly const'uclion end/or dcvclopfiert, including any chauges in Iand configuration and lsnd prcparation' Il Devclopmcnf ofreglonBl .lmpact, Whorc a proposcd usc or devclopment ls.a dovclopment ofrcgi0nal iriprctiDRl), ll sha]J meetail oflhelequiremonts ofF,S ch 380, *s arncndcd, priorto thc conrmcnccnrcnt ofconstruction or dcvciopmcnt subtnlssion ofthc application for developmcrl approvsl (ADA) for a DRI shall be simulraneous with thc subtaission of any rezonlng and/or .ri,alttontt use application oI other l6nd use rclatcd petltlon requi'ed by the LDC to allow for con cunent revjews'and public hearings bcforc both thc.Plannlng cornmission and thc BCC ofthe ADA and rczone and/or conctitlonal usc apllications, Tho DRI and Iezone and/or condlflonal use shall bc approvod prior to lhe issuance of any requircd county del'elopment ord ers or permits and commencemcnt of constructioI or dcvclopmcllt No approvol oftho finnl subdivision plnt, intprovomont Plans or authorization to plooood \vilh conEtruotion activitics ln compliurce wjth the sarai shall require Colllcr Courty to issue a dcYelopment order or bulldirg pennit if ( l) it can bc shown that issuancc ofsaid dcvcJopmcnt order or building Pcrmit will rclult in a ieduciion in the ieyel 01. service for any public iaoility boiow the level of sorvioe established iI the Colljer Counry CroMh ir4anagenrent Plan, or (i) if issuance ofsaid dcyelopmcnt order or buildiug penait is incon;istent with rhe Crora4h Managemenl Plan. Alything in this section to the contrary nohaithstanding' all subdh4slo0 And deyelopment shalicompJy rvith the collicr county Adequate Public Facilitics ordinance [Code ch. I06, at. lll] and the GroMh Management Plan, B Building Pcrnll or Land Allrtlloh Perhil 1. Bulldlng or land alfcr!fion Pcrmit and cedjficatc ofocclpancy conpliaooe process' a. Zo ing tclion on buikllng or land rrllerdion permits The Counly lr4au ager or his designee shall be . responiible for detennining whethcr applications for building or Iand alteration pennits, as required by ihe Collier Couflty Buillding code or tlris Code are in accord with the reguirements of this Code, and no building or land irltcration-permit shall be issued without written approval that Plans subrnitted_ . . conform to-applicable zoning regulations, and othcr land dcvelopmcnt reguiations For-puposeJ of this sectioo a land rlfc*tion peimitihall nrean any \v tten authorization to alter lald ard for which a building pemrjt nray not Le required. Exanrples irrclude but are not Ijmited to cleadng and excavarion pernrisJitc r.lcvclopmcrlt plan approvals' agricultural clear-irrg pernrits, a'rd blastilg pennits No tuilding or str.uctuic shali bc crccied, n,oved, ndded to, rltcrcd, utilized or allowed to exist and./or ncr land rltlradon shall be perrn itted lyithout lirst obgining thE authorizaljon ofthe required pern:i(s), inspcctions nnd certificaicls) oio""rpurry * ,"q,,ircd by the.Collicr County Buildi'! Code or-this ' Coi. una no bulldlng or la:rd nltcraiion penriit application shall bc approved by the County Manager or his dcsignec for the clcction, rnoving. addition to, or qlterltion ofany buildirig' structure' or land cxccpt irr c-onforntity with thc povisio;s ofthis Code unless hc shall reosivc a written order fiom the eoaid ofZoning Aipcnls in tlic forrn ofan administrative rcvic\a oflhc inictpretation, or varia,rces as provir:lud Ly tlrls-cLijc, or ulluss lru slrrll reoeivu a wr.illerr urder lrum u oourl or ribunal oroumpclcnl j urisdiclion. ? 5.C.2.a Packet Pg. 23 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) b Applicationfor bulletlng or land illlornilon permlt, All applications for bullding or lnnd nltcrngon permits shall. in addition to containing the inforrnation required by the bulldlnf officlal, be accompanied by all required plnns and drawlngs drawn to scRle, showlng tho aJtual shapc and dimensions ofthe lot to be built upon; the sizes and locafions on thc Iot ofOutlatrgs alieady cxisting, if any; the size and looation on the lot of the buikling or buildlngs to be crected, nltircd or allowed toexis! the existing use of each bulldlng or bulldings or parts thireoii thc nunrber of families thebuilding is designed fo acconttnodate; thc location and nunrbsr ofrequirod off-sfrcefparking and oFf-streetJoading spaces; approxinrate loczition oftrees protecfed by counfy regulatiorrs; ot rngJr in grade, including details of berms; and such olher infonnation with regird ro tlie loiand existing/p-roporJd structures as provided for the enforcement ofthis Land developrnent Code, In the case oiapplioafion for a building or land altern?ion permit on property adJacent to the Gulf of Mexico, , ru,rryj certified by a land survcyor or an cnginccr liccnscd in thc Statc ofFlorida, and not oldel than 30 days ilall bc submitted, If there is a storm event or active erosion on a specific pnrcel of land for which a buildlngorland.alterafion permit is requested, which the Counry Munugrior his designee detemines may eflect the densify or other use rclationship ofthe property, a nrore recent survey may be required. W]rere ownetship or property lines are in doubt, the Counly Manager or his designee rnay require the sLrbmission of a survey.'cerlified by a land suryeyor o. enginee, IiJensed in the State of Florida, Properly stakes shajl be in piace at the cornmencenrent ofconstruction. Consl.ruclion and use to lte as prot'id.ed ln applications; slatus o/permlf issucd ln error. Bnilcling or land altelation pernrits orcertificates ofoccupancy issued on thebasis ofplans and specificatioris approved by th.e County Manager or his designee authorize only the ur., ,irurg.rrent, and construction setfo.rth in suoh approved plans and applications, arrd no other use, an?ngemer:t, or construction.Building use ao'angelnent, or construction different from that authorizedlhall be deerned a violation of this Land Developnrent Code. Staternettts made by the applicant on the building or land alteration permit application shall be deetned official statenrents, Approval of the application by the CountyManageror his designeeshall irr no wny, cxcmpt thc applicnnt from strict obseryance of applicoble provisions of t6is Land Dcvclopmcrlt Codc and ali othcr applicablc rcgulations, ordiianc.s, codcs, and laws. A building or land alterafion pemrit issued in error shall not corrfer any rights or privileges to the applicant to proceed to or continue with construction, and the county shali have the p-ower to revolce such perrnit unfil said en.or is correcl.ed, '4dccluate ptrblic'facilitie,r reguircd, No building or land alfcration permit or certificate of occupancyshallte i1s-ued exgept in accordance rvith thc CJllier County adequate pubtic pacitities Ordinance,Otd, No. 90-24 (chapters 3,6 and l0 of this Code)and nute S-r-S.00S5, F.A,C. lmprotenlent o/properly prohibitedprior to is,rzrance of htdlrtlng permil.Nosite work, rernoval ofprotected vegetation, g1.ading, improvemenf of property or colrstruction of any type nlay be conrmencedprior to the issuancti: of a building perrnit where the d_evclopment proposed ,lgii.", a Luilding pennitunder this Land dcvclopment Code or othcr applicable county r"gut^tionr. Exceptions fo this -' requirenrent may be granted by-the County Minager or his deiign-ee for an approved subdiyision or sitedcvcloprncnt plan to provide for distribuiion of fill excavated on-site or to pennit constructjon of an :lll1":1"::::r nranagenrent systenl, to rninimize stockpiles and haLrling off-sire or to protect the pubticncalth, salcty and welfare where clearitrg. grading and filling plans lrave. been subnlitted and approvedtnceting thc warrarts of r-cg!ar]-{J.16!lj a, orulir-coae; renioval of exotic vegetation shall becxernPted upon receipt of a vegetation rentoval pernrit for exotics pursuapt t6bhapters 3 and I0. i, ln.the. evenl thc irnprovement of prcrperly, construction of any $rpe, repairs or remodeling of any l1'pe thal requircs a builr.ling pcrnril hns frcen complctca, att requ;rea inspection(s) andcertificgrtc(s) of occLtpancy nttrst be olrtaincd u,itlrin 60 days after the issuance of after the factpernr it(s). d e f, It, 5.C.2.a Packet Pg. 24 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) QUIT CLAIM DEBD THIS QUlr CLAIM DEED' Executed thi, , , day of July, 20t2byShanti Land Group, LLC a Floridacorporation, who address is l0l3 capri St. coral Gables,, rt. i: t:+ Grantors,lo Betty M. Hijazi & David Lopez,husband and rvife' joint tennanls rvithiights of survivorship whose address is l0l3 capri St coral Gables, Fl33l34of the County of MTAMI-DADE, Slate of plOnlOa.g*ni..r. WITNESSETH, That the crantors' for good considerarion and for the sum of TEN AND NO/100DoLLARS(s l0'00) and other good valuible consideration paia uy rtre crantee to rhe Grantors do hereby remise,release and forever,quitclaim to grantee that real property lo.ut.ain ir,. county of collier and State of Florida, andmore particularly described as follos,s: This Instrument Prepared by: Betty Hijazi, lOt3 Capri St. CoralGables, FI33l34 File # 160-97-0292 Parcel lD# 40233720007 The West 75 feet of the East 150 feet of the Plat thereofas recorded in plat afkla2545 Randall Blvd, Naptes, Fl TO HAVE AND TO HOLD rhe anywise appertainin-e. and all the larv or aquity, for the use benefit IN WITNESS WHEREOF. The rwitten,and deli( Signature o name of as to all r-) of Witness t Print name of Witness as all STATE OF FLORIDA COUNTY OFCOLLIER The foregoing L ESTATES, Unit No.69, acco rding to of Collier County, Ftorida. thereunto belonging or in of grantor, either in the day and year first above Print name Signature, Grantor Print name l{,zl L./ /0*k methis I / day personally knorvn to me or rvho have produced FLORIDAWitness any hand and official seat in rhe County and my hand and oflicial seal Public of >t0 DRIVER LIC ENCE as iden tification. State last aforesaid *is /7 aar of 2At2,by are rim F.< r,:.' c4:r r.,,n sgJo]l a DD9m24 .:... ... t:.,yr.1 0t, 2Cl{ Il. NdE, Di€-sr 18= TAYERAS wt name (Seal) who 20t2 e 5.C.2.a Packet Pg. 25 Attachment: CESD20140020490 Hijazi and Lopez (4822 : CESD20140020490 Hijazi and Lopez) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4823) DOC ID: 4823 Updated: 2/9/2018 2:39 PM by Danny Blanco Page 1 CESD20170008064 Cadenhead CASE NO: CESD20170008064 OWNER: Lynne V. Cadenhead OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired building permit PRBD20150827018. FOLIO NO: 74414040006 VIOLATION 3414 Cherokee Street, Naples ADDRESS: 5.C.3 Packet Pg. 26 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20170008064 VS LYNNE V CADENHEAD. Res pondent(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: 0212212018 TIME: 09:00 AIvl PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 11 VIOLATION: CO Required ATF Permits 10.02.06(8)( 1)(e)(i) and 10.02.06(8)(1)(a). LOCATION OF VIOLATION:3414 Cherokee ST, Naples SERVED: LYNNE V CADENHEAD, Respondent Christopher Harmon, lssuing Officer RESPONDENTS ARE REQUIRED To APPEAR AT 8:30 AM FoR A PRE-HEAR|NG CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. Danny Blanco COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Tetephone IF YOU ARE A PERSON WTH A OiSABILTY wt]O NEEDS ANY ACCOMMODA'TION IN OROER TO PARTICiPATE IN THIS PROCEEOING, YOU ARE ENTITLED,AT NO COSI TO YOU, TO TH 34112 (239)r/4-8800: ASSISTED LISTENING DEVlcEs FoRTHE HEARING IMPAIRED Aar averr.qerE iNiHe couNiTy coMt\ SSroNERs,oFFtcr €lddimienro cor las @munrc€c'ones de 6sre eve-ro. por tavt targs su pEpro lEductor. Avolisman _ ToLl odlsvon vo r-ii an angl6 Nou pan gin moun pou fo tradiksyon si ou pa pat6 angE ranpri vini avdk yon inGpdr pou pat6 pou{rl 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 violalors 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 flve (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, asamended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. 5.C.3.a Packet Pg. 27 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs.DEPT CASE NO. CESD2O17OOO8O64 Lynne V. Cadenhead, Respondent(s) STATEMENT OF VIOLATION AND PursuanttoSection|62.o6and|62.|2,.,onffintyordinanceNo.2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended, Sections I 0.02.06(BX1 )(a) and 10.02.06(8)(l)(eXi) 2. Description of Violation: Expired building permit: PRBD2O150827018 3. Location/address where violation exists: 3414 Cherokee Street, Naples, FL 34112; folio # 74414040006 4. Name and address of owner/person in charge of violation location: Lynne V. Cadenhead, 3417 Cherokee Street, Naples,FL 34112 5. Date violation first observed: May 8ff,2017 6. Date owner/person in charge given Notice of Violation: }y'ray 9'h,2017 7. Date on/by which violation to be corrected: June 86,2017 8. Date of re-inspection: October nn,2017 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COLINTY 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 30th day of October, 2017 STATE OF FLORIDA COLTNTY OF COLLIER Sworn to or (Signature Personally known Code Enforcement Investigator trrQQdayog<-jf2olrby tffi NEIL C. DAY Commtssion # GG Oggi0g Expires August 26, 2021 Bondod llru Budgol l{otrlysorloil (Print/Type/Stamp Commissioned Name of Notary Public) REV 1-2-15 Type of identification and identification 5.C.3.a Packet Pg. 28 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) Case Number: CESD201 70008064 Date: MaY 09, 2017 lnvesti gator: Christopher Harmon Phone:2392522970 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CADENHEAD, LYNNE V 3417 CHEROKEE ST NAPLES, FI 34112- Location: 3414 Cherokee ST Unincorporated Collier County Zoning Dist: RSF-4 Prope-rty Legal Description: SOUTH TAt\illAMl HGTS BLK F LOT 10 OR 1185 PG 1438 Folioi 74414040006 NOTICE ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective a ction(s): 1 . Must obtain valid permit and request or cause inspection through to certiflcate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. Pursuant to Gollier county consolidated code Enforcement Regulations, collier county-code of Laws and Ordinances, Chapter 2, Article tX, 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(BX 1)(a) and Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e)(i) The County lvlanager or his designee shall be responsible for determining whether applications for building or land alteration [ermits,-as required bithe Collier County Building code or this Code are in accord with the requirements of this Code, and no building or la;d alteration permit shall be issued without written approval that plans submitted conform to applicabte zoning regulations, and other land development regulations. For purposes of this section a land alteration peimit 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, agiicultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, uiilized or allowed io exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certiJlcate(s) of occupancy as required by the Collier County Building Code or this Code. i. ln 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 - In itial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S): Did Witness: Permit PR8D20150827018 has expired. ON OR BEFOREi 06108t2017 Page 1 of 2 5.C.3.a Packet Pg. 29 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) Failure to correct violations may result in: 1) Mandatory notice to appear br issuance of a citation that may result in fines up to $500 and costs of prosecution. OR )y CoO" Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SER BY ator Signature Christopher Harmon Case Number: CESD201 70008064 INQUIRIES AND COMIVIENTS SHOULD BE DIRECTED TO CODE ENFORCEIVIENT 2800 North Horseshoe Dr, Naples, FL34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of ReciPient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federai regulations, including, but not limited to: right-of-way permit, building .permit, demolition of struiture, Site Developmenf Plan, lnsubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Page2 of 2 5.C.3.a Packet Pg. 30 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) AFFIDAVIT OF POSTING Code Case Number: CESD20170008064 Respondent(s): CADENHEAD, LYNNE V THE DESCRtpTtON OF THE DOCUMENT(S) pOSTED: ICheck the apphcable dacument(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Christopher Harmon, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 3414 Cherokee ST , on May A9,2017 , at10.1S am, and at the X Collier County se _ lmmokalee Courthouse nature ment Christopher Harmon STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or.affirmed) and subscribed before me this ___ zj!_ day of /? , .2.. ,21l7by Christopher Harmon (Name of p#son making statemenl) rgnature of Notary Public) 4 .r,f."ijo,n xtMBEfitYBfiAN0ES ..i?,#$.''J;tr'}1!Ifl iil r# '-lY:.' lryra'.l'r ?.'..i';':rvilr"- (Print. type or stamp Name of ,APersonally known *Produced identiflcation Type of rdentification produced Notary Public) 5.C.3.a Packet Pg. 31 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) AFFIDAVIT OF MAILING Code Case Number: CESD20t70008064 Respondenl(s): Mailed NOV cert /reg 7015 1730 0001 7748 3141 cESD20170008064 NOV CH #17 CADENHEAD, LYNNE V 3417 CHEROKEE ST NAPLES, FL 341,I2 I Neil Dav, 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 3417 CHERoKEE sT NAPLES, FL 34112, on _5/10/17_ (Date), at _10:'t lam_ (Time). tgn ature rce nt cial) Neil Day STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _10th_ day of _tit ay_,2011 by Neil Day (Name of person making statement) (Signature of Pub c) , type or stamp rrHBEBty BRANDEs rJY Clt fts90 , FF 0016S EIPIfiES: Soplombs 1l 20t7 8or,dld nij &.d9{ Nery S;ryrce, X Personally known _Produced identifi cation Type of identification produced Notary Publlc) Commissioned me of THE DESCRIPTION OF THE DOCUMENT(S) SERVED: Ioheck the applicable document(s)l X Nolice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear l _Code Enforcement Board Evidence packet _Other: 5.C.3.a Packet Pg. 32 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) Collier County Land flevelopment Cocle 04-.ll as amended, Section I.04.01 - Cenerallv A. The provisions ofthis LDC shall apply to all land, property and development in the total unincorporated area ofCollier 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 thereofshall 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.{t2.{13 Pro hi lrited [.) ses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in suchzoning district. Collier county Land Development code 04-41, as amended, Section 10.02.06(B)(l)(a) B. Building or Land Alteration Permits. 1. Buitding 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 Iand alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes ofthis section a land alteration permit shall mean any written authorization to alter Iand 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 ofthe 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 shalt receive a written order from a courl or tribunal ofcompetentjurisdiction collier county Land Development Code 04-41, as amended, Section r0.02.06(8)(t)(e)(i) B. Building or Land Alteration permits. I 'Building or land alteration permit and certificate of occupancy compliance process. e' Improvement of property prohibited prior to issuance of building perm ir. 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 appticable 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-rgglon i.06.0j A. of this code; removal of exotic vegetation shall be exempted upon receipt ofa vegetation removal permit for exotics pursuant to chapters 3 and 10. i' In the event the improvement ofproperty, construction ofany type, repairs or remodeling ofany type that requires a building permit has been completed' all required inspection(s) and certificate(s) ofoccupancy must be obtained within 60 days after the issuance ofafter the fact permit(s). 5.C.3.a Packet Pg. 33 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) ro 5 }Dc! -r= I r}N @ CV T'E(-,(u. EaJ-1J@ >)ru<< (J6H o >ocoo0, .-C .U)EO O) JOE : i i i I I I I I I Ii t; t: t: li i; I. I I I , T QUll.Ct rI Dllo r:l tr I c' L1(.) Irl at' thls 0Ult-Slaim }ggd, Erccrrrarl r/rrr 2or.h ,lny of December , A. D. teg5 . 6y RoberL E. Cadenhead A,/Ka R.E. CadenheadrA Singleman llYt pstty, toLynne V. Cadenheadr A Singlewoman wloso postolltco orlrlrcsr ls p.O.BOX 548r Haggie ValleyrN.C. 28751 scconrl porly r i:;[t'iit]:::.!I.ll,,*t ',:iT,;Liil,f,:il iil ,:T::,1,1, j,.jti,.:ii],'1i".,".+l:ll.;:ltl]tJ..l,,l.l,L,li$l .o rdmirl or r.quir6.) , IlUitnesselh, ?'lurr llo scirr /rrsr porty, loro.rr rn consirrcro riotr o[ trnsunr o/ stn lronrl po kl [y tlo sotrl scconr/ porly, t/,o .o"oipt u,harcol rs l -ulry oinrudorlo",li',Ilo, l,o.ot , r.mrrc, rc-loso ou,l otrll-clolnr rrnlo tfio sold-second porly lororor, nil tttc Axli. ri,f", ir,r"r"ri'.f"li, o^.I drrord ,Lt"Ltlro soid-/irt pcrrv ia.t rn onrl ro ttr" bttrri^g' ,i"";ti"rr"r",, ,t1, or parcal ol lont!. sluore, lyrng ant! lterngin tho County o/ Collier Srorc o/' Fi";id;"' -' '-"-:;;;;;;, tots 9r12rL3 and 14rBLock Erand Lot I0rBlock FrSout,h TamiamiHeightsr according !o p1at, in plat Book 3r page 44-of Cn"PubIic Records of Collier Count.y, Elorida. Received Document Collier wir To nhue anl lo llrc oppurlonatces l[crcunloLolonging or ln anyuiso leresl, llen, cquity ond clalm whal-soaucr o/ lho soid lirsl party, scconl porly lorcucr. use, I'oncfit nnd bchool oI tlo soid In tlditness Nhercof, /irsl o6ouo unllcn. RAMCO FORM 8 Tlw sokl lirct pdrty las signcrl nnr/ sonlcrl llcsc prcsenls tltc <!oy ond, yoar C:) co <n C5 c- Cr) co acr, --jf ts(! () cD oi o7= c.--. J-c u Signod, scoled onrl deliuarcd in presencc o/; J""r.n s... K'. .26*A /-............ .. ....zlk*'9-to. A4*.*k*RT @ ST.\TE OF FLORIDA, COUNTY OF COLLIER I HEREBY CERTTFY rhar on rhir day, bcforc mc, an o(ficcr duly aurhoriucd in rhc srarc alorcraid and in thc counry aforcsaid to tarc acrnowrcdgmentr, to mc Lnowo to bc thc pc[on drrcribcd in ond *ho cxccutcd thc forcgoing inrtrurncnr rnd he bclorc mc thlt hg crccutcd thc ramc. \VITNESS my hand and olficial scal in the O-cr*.Al* A. D. le (S: NOTARY IC HY COMMISSION EXP}RES:'., I ""'^:i,i!Ir'.o 'l-ht lnstnntut prcpnrcd lty: R. E. CADENHEAD Addru 3145 Cherokee Street NapIes, Florida 33942 D.c' sonle lo0 olIor rull]r I .-{to*fr'l I'ilf.!-. @th,ll,i-I:l.:i 1"t' ), ,' t 5.C.3.a Packet Pg. 34 Attachment: CESD20170008064 Cadenhead (4823 : CESD20170008064 Cadenhead) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4824) DOC ID: 4824 Updated: 2/9/2018 2:48 PM by Danny Blanco Page 1 CESD20160019061 Tabeling and Carter CASE NO: CESD20160019061 OWNER: Charles Berkley Tabeling and Fia Michelle Carter OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Expired permit PRBD20131024457 and alterations to include canopy, boat lift (electric), floating dock, ramp, and stairs. FOLIO NO: 52341720000 VIOLATION 15 Capri Blvd, Naples ADDRESS: 5.C.4 Packet Pg. 35 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Ptaintiff, Case: CESD20160019061 VS. cHARLES BERKLEY TABELING AND FtA MIcHELLE CARTER, 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3'411; VIOLATION: CO Required ATF Permits 10.02.06(8)(1XeXi) and 10.02.06(BX1Xa). LOCATION OF VIOLATION:15 CAPRT BLVD, Naptes SERVED: CHARLES BERKLEY TABELING AND FIA IVICHELLE CARTER, Responden. Virginie Giguere, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENcE. HEARINGS TO BEGTN 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 originaland thirteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTTCE that Requests for Continuances will not be considered if not received bythe Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for thehearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing to include emphasis on section Eight relating to the appealprocess. Danny Blanco COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Tetephone IF YOU ARE A PERSON WTH A DISABILIry \AiI-IO NEEOS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO IH 34't12 (239\774a8tr: ASSISTED LISTENING DEVIcES FoR THE HEARING rrtrperneo anE nvarLaaii illne couNTy coMMlsSloNERS,oFFtcr Avetisman - Tout odisyon yo fdt an angle. Nou pan gin moun pou fd tradiksyon. si ou pa pal6 anglo tanpri vini avdk yon intdprdt pou pal6 pou{u. 5.C.4.a Packet Pg. 36 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD2OI60019061 Charles Berkley Tabeling & Fia Michelle Carter, Respondent(s) STATEMENT OF VIOLATION AND PursuanttoSectionl62.o6and|62,,,,o,onffintyordinanceNo.2oo7-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as moreparticularly described herein, and hereby requests a public hearing before the Collier County Code Enforce."nt gouia, for thefollowing reasons: I . Violation of Ordinance(s): Collier County Land Development Code, 04-41 as amended, Section I 0.02.06(BX 1 )(a) and Section I 0.02.06(8)( 1 )(e)(i) 2. Description of Violation; expired permit PRBD20131024457 and alterations to include canopy, boat lift (electric), floating dock, ramp, and stairs. 3. Location/address where violation exists: l5 capri Blvd Naples, FL 34113 Folio number: 52341720000 4 Name and address of owner/person in charge of violation location: Charles Berkley Tabeling & Fia Michelle Carter I 5 Capri Blvd Naples, FL 341 I 3 5. Date violation first observed: November 18,2016 6. Date owner/person in charge given Notice of violation: November 29,2016 7 . Date on/by which violation to be corrected: December 21,2016 8. Date of re-inspection; August 23,2017 9. Results of Re-inspection: violation remains STATE OF FLORIDA COLINTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violationcontinues to exist; that attempts to secure compliance violation should be referred to the Collier County Code Dated this 30th day of August, 201 7 with the Collier County Code have failed as aforesaid; and that the STATE OF FLOzuDA COUNTY OF COLLIER Enforcement Board for a Sworn to (or affirmed) and subscribed before this 30s day ofulqgusll, 20t17 by A,q Public) 5ff,1!+n.##.JOOEPH IIUGIIA MY Col,tiltsstoN ] FF 2%S EXPIRES: Apdt 20. 20ie tmdrd Tltru ludgt Notry Senicer (si Personally known /or produced identifi cation (Print/Type/Stamp Commissioned Name of Notary Public) ie e Enforcement REV 1-2-15 Type of identifi cation produced 5.C.4.a Packet Pg. 37 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) Case Number: CESD20160019061 Date: November 21,2016 lnvestigator: Colleen Davidson Phone: 239-252-2975 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CHARLES BERKLEY TABELING & FIA I/ICHELLE CARTER 15 CAPRI BLVD NAPLES FL 34113 Location: 15 CAPRI BLVD Unincorporated Coltier County Zoning Dist: RSF-4 Property Legal Description: ISLES OF CAPRI NO 1 LOT45 Folio:5234172!000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Coliier County Ordinance{s) and or PUD Regulation(s) exists at the above-described location. OrdinanceiCode: Buildtng and Land Altelaticn Permits. (Permits, Inspections, Certificate of Occupancy Required) Coilier County Land Developnrent Ccde 04-41, a$ amenoed. Sect:on 10 02 06(8)(1Xa) Sut-1fililtai Requirements fcr Permits. Buiiding or Land Alteratron Perniits. lrnprovement cf property prohibited prior to issuance cf buildrngpermit CcllierCcuntyLandDevelopmentCodeC4-41 asamended,Secrion1002.06(8)(1)(e)(i) (a) The Count-v I\/anager or his designee shall be responsible for determining whether applications for burlcing or lancj alteraticn cermils, as requireo by the Collier County Buriding ccde orthis Code are in accord with the requirements of this Code, and no burlding crland alteration permit shall be issued wjthout written approval that plans submitted confcrm to applicable zoning regulations, and other iand oevelopment reoulations For purposes of this section a Iand aiteration permtt shall mean any written authorizatjon to alter land and fcr wnich a builo'ing oerntii may not be required Examples incluCe but are not limiled to clearing anci excavation pernits. site oevelopmenl olan approvals, agricultural clearing permits. anC blasting permits. No building or structure shall be erected, mcved, added tc. altered. 'ri;lrzcd cr allovred to exrst andlor no Iand alieraticn shail be permitted without Rrst obtaining the authorization of the requireC permit(s), inspecircns and certrficate(s) of occuoancy as required by the Collier Countv Buiiding Code or this Code .i ln the event the rmprovernent of property. construction of any type, repairs or remodeling of any type that requires a building oermit has been compleled, all requireo inspection(s) ar:o cenificate(s) of occupancy must be cbtained within 6C cays after the issuince cf after the fact permit(s) . Violation Status - lnitial DESCRtpTtON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness; expired dock permit PR8D20131024457 and alterations to include canopy! boat lift {electric},floating dock, ramp, and stairs. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must obta n any and all required Collier County Building cermits through Certiflcale of Completion/Occupancy and/or must cbtain anyrequireci demclitron permrts through certiicate of corr:oleticnlOccupaicy and return dock to originally permitted state. For questjcnsregardino permits clease contact Renald paL:t at?39-252-2443 ON OR BEFORE: December 21,2016 Failure to correct violations may result in: '1 ) Mancatory-n-otice to aopear cr issuance of a citation that may result in fines up to $500 and costs oforosecution. oR 2) code Enforcement Board review that may result in fines up to s't000 per day per violation, as long as ihe violation remains. and ccstsof orosecution. ERVED BY INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEIV]ENT 2800 Norlh Horseshoe Dr, Naples, FL 34104 Phcne 239 252-2440 FAX: 239 252-2343 Colleen Davidson Case Number: CESD20160019061 lnve ator Sig nature Signat ure and Title of Recipienr 5.C.4.a Packet Pg. 38 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) by Name) COMPLETE THIS SECT'Oru ON OELIVERYSENDER: COMPLETE TH,s sEcT,oN I Complete items [,,4 and 3..r Print your nam€ art addross on the reverse so that we can return the card to you. cE$D20160019061 NOV CD# 14 CHARLES BERKLEY TABELING & FIA MtCHEL[=E CARTER 15 CAPRI BLVD NAPLES, FL 34113 C-,-..E Signature Sigmture R6tricted Oslivery Domestic Retum Roceipt A. Signature 3. \iervice r Attach this card or on the front if to the back of the mailpiece,C. Date from delivery addross b€low:No Maililr]illt fll lllililtIilil ilill II I ilt ili I I 1t Priority Msll ExpEss@ Registersd Mal[M Retum tr o tr tr D o 3590 9q01 01aS sea5 1,035',iLq , Articl6 Number lrom service ?01rr laeE 0 , PS Form 381 1, .tuty zot 5 PSN 7530-02-000-9053 u 0u q53rr SEtt{Rstrictod Dgilvery lot Conltmation i 5.C.4.a Packet Pg. 39 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) Collier County, Florida, Land Development Code 04-41 as amended, Section 10.02.06(BX 1)(a) - Submittal Requirements for Permits Building or Land Alteration Permits 1. B Building or land alteration permit and certificate of occupancy compliance process a. Zoning action on building or land alteration permrfs. The County lVlanager 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 authorizatlon 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 lVlanager 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. 5.C.4.a Packet Pg. 40 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e) Req u ireme nts for Permits B. Building Permit or Lond Alterotion Permit. Building or land alteration permit and certificate of occupancy compliance process.1 e.lmprovement of property prohibited prior to issuonce ofbuildingpermit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provlde for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and ha u ling 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 Jgqjon 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. ln 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). 5.C.4.a Packet Pg. 41 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) INSTR 4818521 OR 4902 PG 2OL7 RECORDED 4/2/2013 8:52 AM PAGES 2DWIGHT.E..BROCK, CLERK OF THE CIRCUIT COURT, bOIr-rEN iOUrurV FLORIDADoc@.70 $3,780.00 REc $L8.50coNS $540,000.00 This Instrument prepared by: Craig R. Woodward, Esquire Woodward, Pires, & Lombardo, p.A. 606 Bald Eagle Drive, Suite 500 Marco Island, Florida 34145 Telephone: 239- 394-5161 Warralnlg ffi i0reeil -9 J I e -)JoF TIIIS TNDENTURE, made this her husband, George H. Gaugler,Jr., as PA 18969, and Charles Berkley su rvivorship, as GRANTEE+, WITNESSETH,thatthe other good and valuable consi hereby acknowledged, has forever,, the following described Lot 45r Isles of Capri No. l, page 41, of the Public Records Property Appraiserrs parcel 2013, between Rhoda C.Gaugler, joined by office address is: 89 Clump Rd., Telford, joint tenants with full rights of vd., Naples, FL 34113. DOLLARS ($10.00), and Grantee, the receipt whereof is and Grantee's heirs and assigns , State ofFlorida, to wit: in PIat Book No.3, suBJEcr ro taxes for the year 2013 and subsequent years, restrictions, reservations and easementscommon to the subdivision, and zoning ordinances of c;llieicounty, Florida. AND SAID GRANTOR does hereby fully wanant the title to said land, and will defend the sameagainst the lawful claims of all persons whomsoever. *Singular and plural are interchangeable as context requires. address is: l5 lying and to tbe plat File No.: 13992{5 Llr 5.C.4.a Packet Pg. 42 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) *** oR 4902 pG 201g *** WARRANTY DEED -page 2 uoor" ##TNESS WHEREoF, Grantorhas hereunto set Grantor's hand and seal the day and year first Signed, sealed and delivered in the presence of; Witness #l Signature aC. Gaugler, Jr. #2 Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was day of March, 2Ol3,by Rhoda C.Gaugler, joined by her husband George H. Such person (Notary publi c must check applica box): I is/are personally known to me. a/their Iicense(s) produced identification. (Printed,Typed or Public)CommissionNumber: MyCommission expires: File No.: t3992rtS (NOTARY PUBLTC SEAL) LTT 5.C.4.a Packet Pg. 43 Attachment: CESD20160019061 Tabeling and Carter (4824 : CESD20160019061 Tabeling and Carter) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4825) DOC ID: 4825 Updated: 2/9/2018 2:55 PM by Danny Blanco Page 1 CESD20130017006 Casata Holdings Inc CASE NO: CESD20130017006 OWNER: Casata Holdings Inc OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of Completion. Brick fire pit, wood playhouse and tiki hut built without obtaining required Collier County Permits. FOLIO NO: 162080007 VIOLATION 500 Euclid Ave, Naples ADDRESS: 5.C.5 Packet Pg. 44 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2O130017006 VS CASATA HOLDINGS lNC, 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples , FL 1411i VIOLATION: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(8) (1)(a) and 2007 Florida Building Code, Chapter 1, Section 1 10.4 LOCATION OF VIOLATION:500 Euctid AVE, Naptes SERVED: CASATA HOLDTNGS tNC, Respondenl Patrick Baldwin, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG CONFERENcE. HEARINGS TO BEGTN 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 bythe Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for thehearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing 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 Tetephone IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO IH 34'112 (239)774a8o0: ASSTSTED LlsrENlNG DEVIcES ron rne seeRiruo rrr,tpetneo ene avarr-ae[E iN THe couNTy cot\rMtsstoNERS,oFFtcr Avdtisman - Tout odisyon yo fdt an angld. Nou pan gin moun pou fd tradiksyon. si ou pa pal6 angl6 tanpri vini avek yon intdpret pou pal6 pou-ou- 5.C.5.a Packet Pg. 45 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) VS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIERCOUNTY BOARD OF COLINTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD2O13OO17OO6 Casata Holdings INC, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularlytescribed herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the fottowing.'.urorr, 1 . Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(BXl)(a) and 2007 Florida Building Code, Chapter 1, Section 110.4 Certificate of completion 2. Description of Violation: Brick fre pit, wood playhouse and tiki hut built without obtaining required Collier County permits. 3 . Location/address where violation exists: 500 Euclid Ave Naples, FL 34110 Folio # 162080007 4. Name and address of owner/person in charge of violation location: Casata Holdings Inc. 400 Euclid Ave Naples, FL 341l0 5. Date violation frst observed: April 14s.,2014 6. Date owner/person in charge given Notice of Violation: Iy'ray 13h,2014 7. Date on/by which violation to be corrected: June 12fr, 2Ol4 8. Date of re-inspection: March 3ft,2Ol7 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COTINTY 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 theviolation should be referred to the Collier County Code Enforcement Board for i public hearing. Dated this 14th day of April,2}t7 STATE OF FLORIDA COLTNTY OF COLLIER Sworn to (or Baldwin Code Enforcement Investigator affirmed) and subscribed before this_![!__day ofApril,20l7 by i,,,\"r.r i r, r._ e,q._r)u_t.\.\ Public)(Print/Type/Stamp Commissioned Name of Notary Public) Personally known X or produced identification REV 8-19-1 I Type of identification produced -.tsR1 Pur,. NEILC.DAY.k:n MYcoMMlssloNrFF048477* UW,S * iXptRfS,tuSust26,2017--,ffi'" eind'i rlt* Budget Hotary Sen ices 5.C.5.a Packet Pg. 46 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) Caae Number: CESD2013001 7006 Date: May 13, 2014 lnvestigator: Michele Mcgonagle Phone| 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CASATA HOLDINGS INC 4OO EUCLID AVE NAPLES, FL 34110 Location: 500 Euclid AVE Unincorporated Collier County Zoning Dist: Property Legal Description: 24 48 25 S1/2 OF N1/2 OF SW1/4OF sE1/4 oF NW1/4, LESS oR 474pc 69i & LESS OR 639 pG 847'1.62 AC OR 1508 PG 463, AND Fotio: 162080007162360002 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Coilier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(BX1Xa) The County Manager or his designee shall.be responsible for determining whether applications for building or land alteration permits, is required by the C-ollier County Building code or this Code are in accord with the requirements ofthis Code, and no building or land aiteration permit shall be jssued without writt€n approval that plans submitted conform to applicable zoning regulations, and other land development regulations. Forpurposes of this section a land alteration permit shall mean any written authorization to alter land and for whiih a buildi-ng permit maynot be required. Examples include but are not limited to clearing and excavation permits, site development ptan approvais, agricuttural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, aliered, utilized or allowedlo existand/or no land alteration shall be permitted without first obtaining the authorization ofthe required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Certificates of Occupancy and Completion. 2007 Florida Building Code, Chapter 1 , Section 1 10,4 Certificate of Completion A Certificate of completion is proof that a structure or system is complete and for certain types of permits is released for use and may be connected to a utility system. This certificate does not grant authority to oc;upy a building, such as shellbuilding, prior to the issuance of a Certificate of Occupancy.j Violation Status - lnitial DESCRtpTtON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Brick fire pit, wood playhouse, and tiki hut built without obtaining required Collier County permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s):1. Must be in compliance with all collier County Codes and ordinances and apply for and obtain all permits required fordescribed structure/improvements. lvlust also request or cause inspection through ano inctuoinj certiiicate otoccupancy/completion. AND / oR Must requesvcause required insi:ections to bJ performed ani' obtain a certificate ofoccupancy/completion. - 2... Must obtain all inspections and certificate of occupancy or Certificate of Completion as required in the 2oo7 FloridaBuilding Code. ON OR BEFORE: 06112t2014 Failure to correct violations may result in: 1) Mandatory-notice to appear or issuance of a citation that may resurt in fines up to gsoo and costs ofprosecution. OR 2) Code Enforcement Board review that may result in flnes up to gIOOO per day per violation, as long as the violationremains, and costs of prosecution. SERVED BY: INQUIRIESAND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 5.C.5.a Packet Pg. 47 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) lnvestigator ignature 2800 North Horseshoe Dr, Naples, FL34104 Phone: 239 252-2440 FAX: 239 252-2343 Michele Mcgonagle Signature and Title of Recipient Printed Name of Recipient Date *Th13 violation may rqquire addltlonal complianc6 and approval from othgr dspartmonts which may be requlrsd under local, state and fgderalr.|('Ulations lnclrt.lino- hrlt n6t limlla.l lo: rl.rht-6t-Mv nEimlt. hnil.ii'lo nermit- demdrition of srnr.J;ra. Sit; D.v6t.|nmcnt pten tn.,rtrcranltat 5.C.5.a Packet Pg. 48 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) Respondent{s): NOV mailed Regular/Certlfred#7012 3460 0001 7007 40Eg Case# CESD20130017006 mm47 NOV CASATA HOLDINGS INC 4OO EUCLID AVE NAPLES. FL 34110 THE DESCRTPTTON OF THE DOCUMENT(S) SERVED [Check the applicable document(s)] !Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: STATE OF FLORIDA COUNTY OF COLLIER Swom to (or affirmed) and subscribed before me this l3th day of iiav , 2014 by Klmberlv Brandea (Name of person making nU /. dn6UeLa, statement) Case# CESD201 3001 7006 m CASATA HOLDINGS INC 4OO EUCLIDAVE NAPLES, FL 34110 AFFIDAVIT OF MAILING ,./"- Code Case Number: CESD20130017006 !O EO EIf FEIEIr! rC EfE E! EJIfm ru EI rL ,aE Retum fieceipl Feo (Endcrsement Feouired) Bestrcled Delivery Fee (Endorsrcnl BpairAd) !r 7 NOV I Kimberlv Brandes, Code Enfiorcement Official, hereby swear and affirm that a trlre and conec-t copy of the notice referenced above, has been sent Firsl class U.s. Mailto the above respondent at 400 EUCLTD AVE NApLES. FL 34110 , on Mav 13, 2014, at 4:l0Pm. (goes out Thurs 5/15/14) Kimberly Brandes &. 1 ,rfl.::'s,, ,. -B.flrts. ' ryryf INOIBARA,IAH I,tY C0!,,tMlSSr0N i EE 1t05S? EIPTBES: oecernber tr. 0015 fe:i6C:lru EuiiFl illirry Seruicss (Print, type or stamp Commfsiorierj-Name of Notary Public) XPersonally known _Produced identifi cation Type of identificalion produced god fi wEtr$ tur lfrrt(,Eliofi .Auqurt 1d0t lildandon vtdt our rtldlrFor U.S. Postal Seryice '"CEffTIFIED MAIL,'" RECEIPT nqWl$!f,,ldl*!$ftoFpt*rrr 5.C.5.a Packet Pg. 49 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) AFFIDAVIT OF POSTING Code Case Number: CESD2O13OO17OOE Respondent(s): CASATA HOLDINGS INC THE DESCRTPTTON OF THE DOCUMENT(S) pOSTEO [Check the applicab le document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michele Mcoonaole, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 5OO Euclid AVE, on May 13, 2014 (Date), at 2:03 pm (Time), and at the Collier County Cou(house. u (sis re nforcement al) Micheie Mcgonagle Sworn to (or affirmed) and subscribed before me this 14th day of [4ay, 2014 by lvlichele Mcgonagle (Name of person making statement) (Signature otary P ..WJ DAY ItlY C0ir|MISSION I FF 04&4, EXPIRES: August 26, 2017 Sonded nru 8!dgd Nol4Y seftel (P rint, type or stamp Commissioned Name oi Nolary Public) XPersonally known _Produced identifi cation Type of identification produced STATE OF FLORIDA COUNry OF COLLIER 5.C.5.a Packet Pg. 50 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) ORDINANGE NO. O+41 5.C.5.a Packet Pg. 51 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) B. Building or Land Alterafion Permib, 1, Eullding or land alteration pennit and certificate of orcupancy compitance Process, Zoning action on building or land alterafiton permih. The County Manager or his ' designee shall be responsibfe for determining whether applications for building or land alteration permits, as reqLiired by the Collier Gounty Building code or. this Dode are in accord wiflr the requirenrents of this Code, and no building or land alteration permit shatl be issued witholrt written approval that plans, submited conform to applicable zoning regulations, and oftrer land developmenf regulations. For purposes of this section a land alteration permit shall mean any . writtbn zuthor2afion to alter land and for which a building permit may not be required. Examples inilude but are not timited to clearing and excavation permits. site development plan approvals, agficultural clearing permits, and . blasting permih, No buildtng orstruiture shall be erected, moved, added to, allered, uiiiized or allowad to,exist andlor no land alteration shall be pennitied without first obtaining the autho.rization of the reguired pennit(s), inspections and certificate(s) of occupancy as required by fhe Collier County Building Code or firis Code and no building or land alieration permit application shall be approved by the County Manager or his designee for the eTection, moving, addition to, or alteration of any building, structure, or land except in conformily witlr tlre provisions of this Dode unless he shall receive a wriiten order from the Board of Zoning Appeals in he form of an administrative review of the interprefation, or variances as provided by this Code, or unless he shall receive a writen order ficim a coud or hibunal of competent jurisdiction. 5.C.5.a Packet Pg. 52 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) B. Building or Land Alteration Permits, Building or land alteration permit and certificdte of occupancy compliance process. e. lmprovement of property prohibited prtor b lssuance of building permif. No site work, removal of protected vegetation, grading, improvement of property or construction of any type inay be commenced prior to the issuance of a building permit where the developrnent prqposed requires a building permit underthis Land development code or othdr applicable county regulations, Exceptions to this requirerhent may be granted by the County Manager or his designee for an . approved subdivision or site development plan to provide for dishibution of.fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiies and hauling off-site or to protect the public health, safety and welfare wher'e clearing, grading and filling plans have been submitted and approved rneeting the wanants of section 406.04 A. of this Gode; removal of . exotic vegetation shall be,exempted upon receipt of'a vegetaflon removal permit for exotics pursuant to Chapters 3 and 10. 1 I.ln 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) bf occupancy rnust be obtained within 60 days.after the issuance of after the fact pennit(s). ,J, I 5.C.5.a Packet Pg. 53 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) lotr: G00D m c0 [u H ttt00ttrlllnnrlt0t PLIS t[ !t103 4248832 0R: {418 PGr 37{2 rlcorDrD h ilE o!!rc t uomi 0l cor,r,nt cflrnr, n 0U091200, rt llrt6tt 0 qt t. rmcf. Oru mc llt collti IItc 00 00 00 21 3 7 t I!oTF To cLFl4: This dccd rcprcstDls a Eansfet fot consi&rarion oftlo.oo and othdvaluable conridcration. As ofth! dd. ofhi3 urlsfer, Crar or o-rvns |otrlo oflhc orr,ne'lhlp lntsEst in Gsttle, !!d tllr propfiy convcyod h.rlby is not subj.ct to a mongrgc, Th.rcforq pursudlt to crcsc€n. Mhrni ccntcr- Lr c v. Flo.ids Dcpt ofRcvcnua 903 So. 2d 91 3 (Fla" 2005) no do.urcnlrry strnlp tax is due hcrEon, (space above this line for recording data) SPECIAL WARRANTY DEEI) THIS SPECIAL WARRA Aagelo Lucarelli and Gail Naples, FL 341l0 ('Grantof) is 5640 Taylor Road, E5, N WITIIIESSETH that DOLLARS ($10.00) and receipt whereof is hereby Grantee and Grantee's heirs, and being in the County of See attached Property ID No.: 00162 ln day of December, 200E, between office address is 400 Euclid Ave., whose mailing address sum of TEN AND 00/100 in hand paid by Grantee, the conveys, and confirms unto described land, siirste, lying Subject to: (a) ad valorem real property taxes for the year 2008 and subsequent years; (b) zoning building code and other use restrictions imposed by governmental authority; (c) outstanding oil, g:as and mineral interests ofrecord, if any; and (d) restrictions, reservatipns, and easements common to the subdivision, if any. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND Grantor hereby covenants with Grantee that Grantor is lawfully seized of said land in fee simple; that Grantor has good right and lanfirl authority to sell and convey said land, and hereby warrarts the title to said land and will defend the same against the lawful claims of all persons claiming by, titough or under Grantor. aInc., d aud wife, fo of Florida, to and assigns This instrument w8s preparcd without opinion oftitle and after r€cording retrm to: Matthew L. Grabinski, Esq. Goodlefie, Coleman, Jobnsorl Yovanovich & Ko€ster, P.A. 4001 Tamiami Trail North, Suire 300 Naples, Florida 34103 Q39) 435-3s3s 5.C.5.a Packet Pg. 54 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) 0R: 4418 pG: gI43 In witness whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and in our presence; State of Florida County of Collier [Notary Seal] t nA. Angelo Gail 2008 by Angelo Lucarelli and Gail as produced 0 Expires: before me this lst known to me or , 5.C.5.a Packet Pg. 55 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) ,,"offfiJI$no,, Proposed Lot le CASATA, more rEuxr,N,ry 6,ca.qs,, crqd.r r--r un6..* A parce,of land Mng i, 4E Sourh, Range 25 East, CoIIier r** 0[r 44lg pG: J?q4 *** County, Florida, and Section 24, feet to for for 179.9s feet for E6.66 feel to the 5.C.5.a Packet Pg. 56 Attachment: CESD20130017006 Casata Holdings Inc (4825 : CESD20130017006 Casata Holdings Inc) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4826) DOC ID: 4826 Updated: 2/12/2018 1:54 PM by Danny Blanco Page 1 CEPM20160010841 Community Association for Mill Run and Stonegate Collier CTY Inc CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Michele McGonagle VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c). Failure to maintain lake and storm water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION No Site Address ADDRESS: 5.C.6 Packet Pg. 57 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2O160010841 VS. 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411', VIOLATION: Legacy Structures/Unimproved - Grading 22-2a0Q)@) and 22-228(1). LOCATION OF VIOLATION: No Site Address Folio: 29517500100 SERVED: COI\NMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER CTY lNC, Respondent Michele Mcgonagle, lssuing 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. lT lS 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 WTH A DISABILIry \A#IO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRovlsloN oF CERTAIN AsslsrANcE, PLEASE coNTAcr rHE coLLrER couNTy FActLllES Mat'iaotlltEt.tr oepenruerur r-oceiro lt asor easr taMtAMt rRAtL, NA'LES FLoRtD,341121239)774-8800; ASSISTED LlsrENlNG DEVIcES FoR THE HEARTNG TMPAIRED ARE AVArr,qer-E rlririe couNw coMMtsstoNERs,oFFtcr entendimiento con las comunicaciones de este €vento. por favoi traiga su propio traductor. Avgrsman - Tout odisyon yo fet an angle. Nou pan gin moun pou fA tradiksyon. Si ou pa pal6 angl6 tanpri vlni avdk yon intepret pou pal6 pou-ou. COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER CTY lNC, Respondent(s) 5.C.6.a Packet Pg. 58 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COLTNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Communify Association for Mill Run & Stonegate Collier County Inc, Respondent(s) DEPT CASE NO. CEPM2OI600TO84T STATEMENT OF VIOLATION AND PursuanttoSection|62.o6and162,l2,.,o,,offiordinanceNo.20l0-04,theundersignedcode 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: Violation of Ordinance(s): Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(l) and Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-2a0Q)@) 2. Description of Violation: Failure to maintain lake/stormwater management retention by allowing silt and rocks to alter the slope and configuration of the lake. 3. Location/address where violation exists: Tract A, The Crossings Stonegate, Naples, FL, Folio: 29517500100 4. Name and address of owner/person in charge of violation location: for Mill Run & Stonegate Collier County Inc c/o Southwest Property Management, 1044 Castello Drive Suite 205, Naples, FL 34103 5. Date violation first observed: January 13,2007 6. Date owner/person in charge given Notice of Violation: February 21 ,2017 7. Date on/by which violation to be corrected: lduch29,2012 8. Date of re-inspection: January 31,20 l8 9. Results of Re-inspection: Violation remains STATE OF FLOzuDA COLTNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 6th day of February, 2018 1 Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 6th day of February, 2018 by KEB}IYADAMS [,lY C0Mtr.tiISSI0N # FF 139721 EXPIBES: JulY 8,2018 Bolldod Thru BLldget Notary Servhes (Signarure ofN Public)(Print/Type/Stamp Commiss ioned Name of Notary Public) Personally known X or produced identification .ofl.i1.% ,.rw"-- REV 1-4-12 Type of identifi cation produced 5.C.6.a Packet Pg. 59 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for Case Number; CEPM201 6001084'l Datei Febtuary 27, 2017 lnvestigator: l\,4ichele Mcgonagle Phonei 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: COI\4|V]UNITY ASSOC FOR lVllLL RUN & STONEGATE COLLIER Cry INC % SOUTHWEST PROPERTY I\4GMT 1044 CASTELLO DR STE 205 NAPLES, FL 34103 Registered Agent: Ability [Vlanagement. lnc. 6736 Lone Oak blvd Naples, FL 34109 Location: Tract A, Crossing The, Stonegate, folio 29517500'100 Unincorporated Collier County Zoning Dist: Residential Property Legal Description: CROSSINGS fHE, STONEGATE TRACT A OR 1432PG44 Folio: 29517500100 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, 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: Buildings and Building Regulations, Property Maintenance Code, General Provisions. Collier County Code of Laws and Ordinances Chapter 22, Article Vl, Section 22-228(1) Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the shucture or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the flre protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises: Responsibilities of Owners of Nonresidential Structure, Vacant Buildings, Vacant Structures, and Vacant or Unimproved lots. Collier County Code of Laws and Ordinances Chapter 22 Buildings, Article Vl Property l\4aintenance Code, Section 22-241(2)(c) Every owner of a build ing, structure or lot, previously im proved or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention purposes. Violation Status - lnitial DESCRtpTtON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Failure to maintain lake/stormwater management retention by allowing silt and rocks to alter the slope and configuration of the lake. Alteration of the berm between Preserve area and lake has allowed stormwater runoff to erode the northern bank of the lake, exposing plastic pipes and plastic lining causing riprap and silt to run into the lake and impairing the effectiveness of the lake as stormwater management. Failure to maintain three stormwater catch basins and concrete abutments within the Preserve along Orange Blossom Drive and allowing drains to become clogged with dirt and debris. The Plat for The Crossings, Stonegate, dedicates the responsibility for all drainage easements for the purpose of maintaining drainage facilities to the Community Association for Stonegate and Mill Run, Collier County, lnc. There is no responsibility placed upon the County for said maintenance. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s):1. Must comply with all property maintenance requirements including but not limited to maintenance of buildings, structures and premises as identified in Collier County Code of Laws and Ordinances, Chapter 22, Article Vl Property lvlaintenance. Must clear the blocked catch basins within the Preserve along Orange Blossom Drive. Must restore the normal flow rate of stormwater from north to south across the Preserve into the lake, and restore the lake bank riprap and/or sloping to its original approved configuration. N4ust remove riprap and accumulated silt from the bed of the lake and restore lake to its original approved condition. ON OR BEFORE: March 29,2017 Failure to correct violations may result in: 5.C.6.a Packet Pg. 60 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for 1) N/landatory 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 COMI\4ENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 FAX: 239 252-2343tnvestigator Signature U Michele Mcgonagle Case Number: CEPM20'l 6001 0841 ature and Tit Recipient \\,;il* l"'-.U+'.=-L a Pri d Name of Recipient Z La i-7 Date *This violation may require additional compliance and approvalfrom other departments which may be required under local, state and fedeEl regulations, including, but not limited to: right-ol-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantlal Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. 5.C.6.a Packet Pg. 61 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for AFFIDAVIT OF SERVICE Code Case Number: cEpM20160010841 Respondent(s): COMMUNITY ASSOC FOR MILL RUN & STONEGATE COLLIER CTY INC % SOUTHWEST PROPERTY MGMT THE DESCRIPTION OF THE DOCUMENT(S)SERVED [Ch eck th e appl i cab le docu ment(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michele Mcqonaqle, Code Enforcement Official, hereby swear and affirm that I have personally served the above described document(s) for the above respondent(s) to registered agent Allen Boulay, at Ability lVlanagement lnc., 6736 Lone Oak BIvd, Naples, FL, on February 27,2017 (Date), al1:20 pm (Time). nature e Michele Mcgonagle STATE OF FLORIDA COUNry OF COLLIER Sworn to (or affirmed) and subscribed before me this 1st day of March, 2017 by Michele [\4cgonagle (Name of person making statem or stamp Notary Public) XPersonally known _Produced identification Type of identiflcation produced DELICIAPI.JLSE MY COMMISSION # YFIfiITFI DOIRES: Fehruary 0& 20t9 t* ^-nL},'\" 7$"\"-*J 5.C.6.a Packet Pg. 62 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for Sec. 22-228. - General provisions. 1. Maintenance. Equipment systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of the fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. 2. Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of this section. 3. Existing remedies.ff'e provisions in this Code shall not be construed to abolish or impair other remedies of any local, state or federa I ju risd iction or its officers or agencies relating to the removal or demolition of any structure. 4. Requirements not covered by this Code. The Building Official shall determine requirements necessary for the strength, stability or property operation and general conditions acceptable for an existing fixture, structure or equipment not specifically covered by th is code. 5. Deviation from Code. Where practical difficulties are prohibitive in carrying out the provisions of this Code, the Community Development Administrator or designee, in coordination with the appropriate licensed authority, if applicable, has the authority to Srant modifications for individual cases. The modification shall be in compliance with the intent and purpose of this Code and shail not lesson health, life and fire safety requirements. The basis for granting modifications shall be recorded and entered in the Depa rtment files. 6. Compliance. lt shall be the duty of each and every owner and operator of improved or unimproved property within the unincorporated County to comply with the requirements set forth in this Ordinance. No premises or building, or combination, shalt be used in a manner inconsistent with or in conflict with the requirements of this Ordinance. 7. Conflict with other codes. The provisions of this article shall applyto all buildings, structures or premises in existence or built within the unincorporated County. Where the provisions of this Ordinance impose a standard different than that set forth in any other County ordinance or state law, the most restrictive standard shall apply. (Ord. No. 2010-02, 5 3) 5.C.6.a Packet Pg. 63 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for sec.22-240. - Responsibilities of owners of nonresidential structure, vacant buildings, vacant structures, and vacant or unimproved lots. All owners of nonresidential structures, vacant buildings, vacant structures and vacant or unimproved lots shall comply with the following requirements: Non residentia I Structu res: a. All nonresidential structures shall be watertight, weather-tight, insect-proof and in good repair. b. Every foundation, exterior wall and roof shall be reasonably watertjSht, weather-tight and rodent-proof, shall adequately support the building at all times, and shall be in a workmanlike state of maintenance and repair. c. Every interior partition, wall, floor and ceiling shall be reasonably tight and maintained in a workmanlike state of repair and in a clean and sanitary condition. d. All rainwater shall be so drained and conveyed from every roof, and the lot shall be graded and drained, as not to cause dampness in the walls, ceilings, floors or basement of a structure. e. Every window, exterior door shall be reasonably weather-tight, watertight, and rodent-proof and shall be maintained in sound condition and repair, and secu red with proper hardware. f. Every inside and outside stairway, every porch and every appurtenance thereto shall be constructed to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and it shall be maintained in sound condition and repair. g. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in sanitary working condjtion, free from defect, leaks, and obstruction. h. Every toilet, restroom and bathroom floor shall be constructed and maintained so as to be reasonably impervious to water, and such floors shall be kept in a clea n and sanitary condition. i. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed and installed that it will function safely, and effectively, and shall be maintajned in good working condition. j. 5.C.6.a Packet Pg. 64 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for All exterior surfaces shall be protected from decay by painting or other protective covering or treatment. Substantial evidence of molding or chippinB ofthe exterior surface will be required to be treated, repainted or both. All siding sha ll be weath er-resistant and watertiSht. k. No abandoned, unlicensed or inoperative vehicle shall be permitted on commercial or nonresidential property in view of the general public. l. Exterior Lighting. All outdoor lighting shall be in compliance with the following: a) non-vehicular light sources that sh ine into the eye of drivers of vehicles or pedestrian which could impair safe traverse are prohibited; b) all lighting shall be shielded and aimed at owner's premises or sidewalk and shall not create an adverse affect on adjacent properties. m. Landscaptng maintenance. Where landscaping plans have been specifically incorporated and approved in a development plan, the landscape areas shall be maintained in a manner equal to the original landscaping approval. n. Accessory structures. Garages, storage buildings and all other accessory structures shall be maintarned in good repair and sound structural condition. Structures, attached or unattached to the principal structure, which are found by the building official to be structurally deficient, shall be repaired or demolished within the timeframe set by the notice of such condition. Maintenance of accessory structures shall comply with the following: (1) The exterior of the building and premises to include but not limited to parking areas and landscaping areas shall be maintained in a sound, clean and neat con dition. (2) SiSns shall be maintained in good condition. Where the sign structure remains, the sign faces are to be placed with black panels (permit required). The design and color is subject to approval by the Building Department under the applicable development regulations. (3) All advertising structures, awnings and accompanying support members shall be maintained in good repair and shall not constitute a nuisance or safety hazard. Advertising structures or awnings not properly maintained in accordance with this subsection shall be removed. Awnings or marquees made of cloth, plastic or a similar material shall not show evidence of tearing, ripping or holes. Upon removal of advertising structure or awning, all supporting members shall be removed. Where supporting members have been Ieft from sign removal prior to adoption of this article, such supporting member shall be removed within three 5.C.6.a Packet Pg. 65 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for months of the effective date of this ordinance. Nothing in this subsection shall be construed to authorize any encroachments on streets, sidewalks or other parts of the public right-of-way. (4) Where parking areas are to be barricaded to prohibit vehicular travel, it shall be accomplished by installation of parking bumpers pinned to the pavement. 2. Structures and Unimproved Lots: a. Every owner of a building, structure or lot, vacant or occupied, shall keep the premises in clean and sanitary condition, including yards, lawn, courts and driveways. Any dead or dying landscaping must be replaced and maintained. Uneven or damaged surfaces with or without holes must be repaired, b. Exterior premises shall be kept free from the excessive growth of weeds, grass and oth er flora. c. Every owner of a building, structure or lot, previously improved or occupied, shall grade and maintain the exterior premises so as to prevent the accumulation of stagnant water thereon, except for permitted storm water management detention/retention p u rposes. d. Unauthorized motor vehicles are prohibited from parking on or driving across any portions of a vacant lot, except for areas designated and approved by the County. e. Animals and pets shall not be kept on the premises in such manner as to create unsanitary conditions or constitute a public nuisance. f. Every owner of a building, structure or lot shall keep the premises reasonably free from rodents, insects and vermin. g. The roof of every building or structure shall be well drained of rainwater. h. All exterior surfaces shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fa sh ion. i. Every owner of a building, structure or lot, vacant or occupied, shall be responsible for removing any unauthorized obsolete, non-complying or any deteriorated signs, posters and graffiti from the building's exterior. j. AII signs must be maintained and comply wrth the provisions of the Land Development Code. Should a wall sign be removed, the wall surface must be painted in a workmanlike fashion in the same color as the adjacent exterior walls of the building to remove any shadowing created by the removed sign. 5.C.6.a Packet Pg. 66 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for k. All materials used to board or secure a vacant building against entry shall be painted in a workmanlrke fashion in the same color as the adjacent exterior walis of the building. l. Every owner of a building or structure that is vacant and unsecured shall secure and maintain in secure condition all entrances and all other openings of such building or structure including, but not limited to, windows and doorways. m. Whenever any ground floor window of a vacant commercial storefront is found to be shattered, cracked, missing or broken, the owner of such building shall repair or replace the window. n. All non-residential and commercial properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. Parking shall be limited to designated areas (striped parking spaces) and said areas must be clearly marked. At no time should the rights-of-way be utilized for storage or parking of customer, employee or company vehicles parking, nor shall any item(s) be placed, abandoned or allowed to remain in any right-of- way. (Ord. No. 201 0-02, 5 1 6) 5.C.6.a Packet Pg. 67 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for ' ..i ' r:i.- hiriiffini 0 t270"s08 COLLIER COUNTY tgsg11pR t2 p11t2:oo -001432 RECORDED OR BOOK SPF1CTAL VIARRANqiY NEED imite 000044 PAGE :E?^?B-roc-J5 IND- THIS INDENTURE, Made effect,ive the 3rd day ofNovedber, 1988 by Collier County Associates for The CrossingsII, Ltd., a Elorida limlted partnershipr and National Development Propertles of Plorj.da, Inc., a FLoridacorporation, of the County of Col1ier, State of Flor1da,part.ies of the fl-rst part, and The Community Association forMilI Run and Stonegate, CoIIler County, Inc,, a Floridanonproflt, corporation, of the County of Co111er, State ofFl-orida, party of the second part, whose post office addressls 7920-308 College Parkway, Ft. Myers, Florida 33907. WITNESSETH: That the said parties of the firstparE, for and in consideration of the sum of Ten and 00/100Dollars ($10,00). to them in hand paid by the said parly ofthe second part, the recelpt whereof is hereby acknowledged,have granted, bargained and sold to the said party of the second part, it.s successors and assigns forever, the followingdescribed land, situate, lying and being in the County ofCoIIier, State of Florida, to wit: Tracts A, B, and C, as shown on plat of TheCrossings, MiII Run, recorded in Pl-at, Book 15, pages 39, 40 and 41, of the public records ofCollier County, Plorida and Tracts A and B, as shown on plat of The Crossings, Stonegate, recordedin PIat Book 15, pages 3? and 38, of the pubLic records of ColLier County, Florida together with alL easements for s shown on such pLats And the said part do herebyfulIy warrant the tlt defend the whomsoever,r-- .:! same against the 1 claimlng by, through of the first n-part. but not othe In Witnespart have executed above written. f the firstr first and led in es ASSOCIATES FORrr, trD, , A: .d partnership r' :. t.. j IfirpartBy: By: WESTCO MANAGEMENT, s c-res As sole general partner of CoIlier County Associates for The Crossings II, Ltd,, aI'lorida limited partnership NATIONAL DEVELOPMENT PROPERTIES OF E'I,ORIDA. F.Lorida corporation tUi E,:r:eiyed $ F r'ceiveci $tary Stamp Tax l1i:Y ii.l ald land, all resence I COLL c0 CLERK Class D.C. 4'- !- 1': t.:1 ,-1: l,l 1 I I : t I I t 5.C.6.a Packet Pg. 68 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for STATE OF FI,ORIDA) COUNTY OF DUVAI,) _ --, The foregolng lnstrument was acknowledged before nethls JOr'" day of March, 1989 by Cheryl E.Sassaid, vlcePresident of Westco Management, Inc., a Florida corporation,on behalf of such corporation, as sole General part,ner of I *.*. -, r,r-- ffi*d[ilififfiffinv,. X 00.r[32 OR BOOK Coll1er County Assoclates for The Cros slngs II , Ltd., aFLorida limlted PartnershlP, and as ce ofNat,ionaI Development Propertles of ., a Florldacorporatlon, on behal f of such My Expires, 3_B\_ql 87-423.03 !,",5$*1.'ri:ii.'i,,.liifilt{,ilffi8 0000115 .PAGE ii7v ji:r, )') f, i ii ti p - -iffitd''1'*'** I : i 5.C.6.a Packet Pg. 69 Attachment: CEPM20160010841 Community Assoc for Mill and Stonegate Collier CTY Inc (4826 : CEPM20160010841 Community Association for Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4827) DOC ID: 4827 Updated: 2/9/2018 3:12 PM by Danny Blanco Page 1 CESD20170001888 Alberto Hernandez P A CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Enclosed overhead door opening with a cement block wall with double man door in it without obtaining required Collier County Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road Unit 4, Naples ADDRESS: 5.C.7 Packet Pg. 70 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2O170001888 VS, ALBERTO HERNANDEZ P A, 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3411', VIOLATION: CO Required ATF Permits 10.02.06(BX1Xe)(i), 10.02.06(BXl)(e), and 10.02.06 (B)(t)(a). LOCATION OF VIOLATION:5405 Taylor RD, Unit 4, Naples SERVED: ALBERTO HERNANDEZP A, Respondenl Michele Mcgonagle, lssuing 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. lT lS 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 Telep hone lF You ARE A PERSON wrH A DlsABlLlrY \ /l-lo NEEDS ANY AccoMMoDATloN tN oRDER To pARTrcrpATE lN THts pRocEEDtNG, you ARE ENTITLED, AT No cosr ro you, ro rHPROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDu112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE tN THE COUNw Col,fiatSStOrueni,Orrrcr entendimiento con las comunicaciones de este evento. por favoi traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angl6 tanpri vini avek yon inteprdt pou pal6 pou-ou. 5.C.7.a Packet Pg. 71 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) VS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COLTNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD2OI7OOO1888 Alberto Hernandez P A, Respondent(s) STATEMENT OF VIOLATION AND PursuanttoSection162.06andl62.l2,,,"nffintyordinanceNo.2oo]-44,asamended,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: Violation of Ordinance(s): Collier Counfy Land Development Code 04-41, as amended, Section 1 0.02.06(BX I )(a), 1 0.02.06(8)( I )(e), and I 0.02.06(8)(1 )(e)(i) 2. Description of Violation: Enclosed overhead door opening with a cement block wall with a double man door in it without obtaining required Collier County permits. 3. Location/address where violation exists: 5405 Taylor Road Unit 4, Naples, FL 34109, Folio 76477000081 4. Name and address of owner/person in charge of violation location: Alberto Hernandez P A,2135 Morning Sun Lane, Naples, FL 34119 5. Date violation first observed: October 18,2017 6. Date owner/person in charge given Notice of Violation: October 23,2017 '7 . Date on/by which violation to be corrected: November 22,2017 8. Date of re-inspection: February 5,2018 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COLINTY 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 5th day of February, 201 8 Michele McGonagle Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 5th day of February,Michelo&fillF$E&gle r tff co[1ll8sloN #GG092676* (Signature ofNotary lc Personally known X or produced identification EXP.IRESI Type of identifi cation produced Name of Notary Public) 10,A21 5.C.7.a Packet Pg. 72 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) Case Number: CESD20'l 70001 888 Date: October 23,2017 lnvestigator: l\,4ichele l\4cgonagle Phonei 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ALBERTO HERNANDEZ P A 2,135 MORNING SUN LN NAPLES, FL 34119 Location: 5405 Taylor RD, Unit:4 Unincorporated Collier County Zoning Dist: I Property Legal Description: TAYLOR VTLLAGE A COM|\4ERC|AL CONDOMTNTUM BLDG '100-4 Folio: 7647700008'1 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violatlon(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, lnspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41 , as amended, Section 10.02.06(B)( l )(a)The County Naanager or his designee shall be responsible for determining whether applications for bujlding 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 sectaon a land alteration permit shall mean any wriften authorization to alter land and for which a building peImit 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 Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permjt. Collier County Land Development Code 04-4'l as amended, Section 10.02.06(B)(1Xe) lmprovement of properly prohibited prior to issuance of building pemit. No site work, removal of protected vegetation, grading, improvement of property oI 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 Submittal Requirements for Permits. Building or Land Alteration Permits. lmprovement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(eXi) tn the event the jmprovement 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 obtajned within 60 days after the issuance of after the fact permit(s). Violation Status - lnitial DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Enclosed overhead door opening with a cement block wall with a double man door in it without obtaining required Collier County permits. oBDER TO CORRECT VIOLAT|ON(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/ alteration. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materiats from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Servjces. 3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florjda Building Code. ON OR BEFORE: 1112212017 Failure to correct violations may result in: '1) Mandatory notice to appear or issuance of a citation that may result in fines up to gSO0 and costs of 5.C.7.a Packet Pg. 73 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) 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, FL34104 Phone: 239 252-2440 FAX: 239 252-2343lnvesti-gator Signature (r Michele Mcgonagle Case Number: CESD201 70001 888 \v\;l-0. n^*-fl^>.--*L uAF-. ftei..<-:*-* Printed Name *2b - \'f *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, lnsubstantial Change tc Site Development Plan, atid Variances along with, payment of impact fees, and any new or outstanding'fees required for approval. ) Date 5.C.7.a Packet Pg. 74 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) S AFFIDAVIT OF SERVICE Code Case Number: CESD2O170OOt888 Respondent(s): ALBERTO HERNANDEZ P A THE DESCRTPTTON OF THE DOCUMENT(S) SERVED [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Michele Mcqonaqle, Code Enforcement Official, hereby swear and amrm that I have personally served the above described document(s) for the above respondent(s) to Renata Hernandez at 2135 MORNING SUN LN, on October 23, 2017 (Dale), at 3:35 pm (Time). (Signature of Code Enforcement l\4ichele Nlcgonagle c al STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affinned) and subscribed before me this 24th day of Octobet ,2017 by l\4ichele lvlcgonagle (Name of person making statement) (Sign ,-"rffi, NEILC. DAY Conmhslon # GG 098508 Expkos Augurt 20, 2021 Bondfi, Tiru Budool Nolnry Sqfflc@ (Pri nt, type or stamp Commissioned Name of Notary Public) XPersonally known _Produced identification Type of identification produced _ 5.C.7.a Packet Pg. 75 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) 10.02.06 - Requirements for Permits Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires stateor 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 (DRl), it shall meet alt 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 co;ditional 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 adevelopment order or building permit if (1) it can be shown that issuahce 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, ot (2) if issuance of said development order or building permit is inconsistent ;ith the Growth Management Plan. Anything in this section to the conhary notwithstanding, allsubdivision and development shall comply with the Collier County Ad6quate public Fac]iities Ordinance lcode ch. 106, art. lll] and the Growth Management plan. B uildi ngPerm it or La nd Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land altention permfs. The county Manager or his designee shall be responslble for determining whether applications for building-or land alteritionpermits, as required by the collier county Building code or this code are in accord withthe requirements of this Code, and no building oaland alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, andotheJ land development regulations. For purposes of this section a landilteiration peimit shall mean any written authorization to alter land and for which a building permii mly notbe required. Examples include but are not limited to clearing and excavaiion p"rriirl "itudeve-lopment pran approvars, agricurturar crearing permi[s, and brasting b"rriii. r.robuilding or structure shall be erected, moved, add'ed to, altered , utirizej or attoweo toexist and/or no land alteration shall be permitted without first obtaining tht;uiho;z;ii;; ofthe..required permit(s), inspections. and certificate(s) of occupancy-as ."qrir"J ov it"collier county Buirding code or this code and no building' or rina arte"raiion -#rmit apprication. sha, be approve! uy lhe county Manager or hiJ designee tor fire erJJon,moving, addition to, or arteration of any.buiriing , stiucture , or ran-d excelt in "ontoi,tvwith the provisions of this Code unless he shall-receive a written order troin tne goarJ otzoning Appeals in the form of an administrative review of the interpr"t"tion, oi ,"iian[J ""provided by this code, or unress he sharr receive a written order irom a court oi trinr-r otcompetent jurisdiction. B Page 1 5.C.7.a Packet Pg. 76 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) b. Application for building or land alteration permit- All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off- street parking and off- street loading spaces ; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. ln the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. lf 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 lvlanager or his designee determines may etfect 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 enor. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land arteration permit issued in error shalr not confer any rights or privileges to the applicant to proceed to or continue with construction, and the;ounty 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 cdde) a;d Rule 9J- 5.0055, F.A.C. e. lmprovement of property prohibited prior to issuance of building permit. No site work,removar of protected vegetation, grading, improvement of property or construction of anytype may be commenced prior to the issuance of i buirding permit where in6devetopment proposed requires a buirding permit under this Land divlropment coa"oiother.ap-pricable county regurations. Exceptions to this requirement mav be oranted bv theuounry Manager or his designee for an approved subdivision or site deveiopment ilanto provide for distribution of fifi excavated on-site or to permit construction "f;; ";p;;;;;water management system, to- minimize stockpires and hauring off-site or to p.i;"i ih;public hearth, safety and werfare. where creaiing, grading an-d fifling pr"r, ii"r" u""nsubmitted and approved meeting the warrants of ieciion l."oo.oa a. ot-tliis coae; ,emo;iof exotic vegetation shal be exempted upon receipt of a vegetation ,."rou.r i"#iiioiexotics pursuant to Chapters 3 and 10. Page 2 5.C.7.a Packet Pg. 77 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) i. ln the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permrt has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). f. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space with the exception of the Early Construction Authorization (ECA) permit pursuant to LDC section 10.01.02 C. A zoning certjficate, attesting to compliance with all aspects of the zoning provisions of the LDC, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the LDC, an approval of a site development plan pursuant to LDC section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the LDC, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the LDC. ii. ln subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to LDC section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certiflcate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings . C. Agricultural land clearing. 1. Agricultural clearing permit. A permit for clearing of agriculturally zoned land for agricultural uses that do not fall within the scope of F.S. SS 163.3162(4) or 823.j4(6), shall be required for all agricultural operations except as exempted by LDC section .10.02.06 C.1.d. a. Application. The Administrative Code shall establish the procedures and the submittal requirements, in addition to those identified below, to obtain an agricultural land clearing permit. i. silvicurture operations, as defined by the LDC, sharr require a management pran prepared by a forester or a resource manager (i.e. Florida Forest Servici, private or industriat). ii. rf an sr or ACSC-sr overray is attached to the zoning of the property, the sr orACSC-sr permit review shafl be in accordance with LDC sections '2.03.07 and4.02 14 and may be reviewed simultaneously with the agricultural clearing permit application. iii. A generalized vegetation inventory and clearing plan. iv. Data relating to wetlands impacts and protected wildlife species habitat subject to theconservation and coastar Management Erement of the Growth [,r"n"g;;"nt eranand the LDc. Ilis dala wi be required onty when the county,s on_siie inspectionindicates that there are potential or actual impacts to weflants inJ 'L fiot""t"ofedera y and state tisted witdtife habitat. v The property owner, or authorized agent , has filed an executed agreement with thecounty Manager.or designee, statingithat within 2 years from t " jri" on *ni"n tr.,"agricurturar crearing permrt is approled by the county rvr"nrg"," ;-o"rig;ee, tneowner/agent wi, put the property into a bona fide agrdurtuiar-Jse "nipr[ru.r.n Page 3 5.C.7.a Packet Pg. 78 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) rNSTR 4724502 oR 4822 pG 31-20 RECoRDED 8/2/2Oa2 a2t,44 pM PAGES 2 DWIGHT E- BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $1-,399.30 REc $18.50 coNS $l-99,900.00 CONSIDERATION: $ I 99900 RETURNTO: TOWN & COI'NTRY TTTLE 1575 PINE RIDGE ROAD, SUITE I I NAPLES,FLORIDA 34109 t2-'7436Y hoperry Folio No. 76477000081 PREPARED BY: B.J. REEYES, ESQ. Town & Country Title 1575 Pine Ridge Road, Ste. 1l Naples, FL 34109 Space Above This Line For Recording Data This Indenture, made between DOUGLAS E. is 3419 YIA LIDO,#2+:3,MCCRACKEN, A SING NEWPORT BEACH, IIERNAI{DEZ P,A,, A , ffid ALBERTO post oflice address is 2135 Morning Sun Lane, Naples, WTINESSETH: Thatsaid ofthe sum ofTEN AND NO/100 said grantor in hand paid by said($10.00) Dollars, and other good and grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee, and grantee's heirs and assigns forever, the following described land, sifuate, lying and r being in COLLIER County, Florida, to wit: i uNrr No. 4, BUTLDING 100, TAYLOR VILLAGE, A COMMERCIAL. coNDoMrNruM, AccoRDING TO TIIE DECLARATION OF CONDOMINIIIM THEREOT, AS RECORDED IN OFFICIAL RECORDS BOOK2705, PAGE 3030, AS AMEhIDED, OF THE PIIBLIC RECORDS OF COLLIER COUNTY, FLORIDA' AS , SUBSEQIIENTLY AMEIYDED FROM TIME TO TIME, TOGETHER WITH AN: UNDwIDED SIIARE OF'TIIE COMMON ELEMENTS APPURTENAIYT THERETO. r to :r : 9,02 D , hereinafter19 PROFIT Subject to restrictions, reservations, easements and limitations of record, if any, provided that this; ';i' ,.1 t.,. Li t.l ,l I t- 5.C.7.a Packet Pg. 79 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) *** oR 4822 PG 3121 *** shall not serve to reimpose sarne, zoning ordinances, and taxes for the current year and subsequent years. Said grantor does hereby fully wanant the title to said land, and will defend that same againgt the lawful claims of all persons whomsoever. i ', *"Grantor" and "grantee" are used for singular or plural, as context requires. In Witness Whereof, Grantor has hereunto set granto/s hand and seal the day and year frst above wriffen. Signed, sealed and delivered in ourpresence. D E. MCCRACKENof lil Print/Type name of Signature of e of Witness STATE OF California COUNTY OF OKA'EL The foregoing instnrment was acknowledged before me this Zy day of July, 2b12, iy t pQUGLAS E. MCCRACKEN, A SINGLE MAN fI who is(are) personally known to me or ; fiwho has(have) produced valid drivers licenses or QA, bklZ*J heAUS€ X:identification. i,'. (sEAL) Notary Public R Ct: t-_ Commlsllon , tgl229t tlotary Publlc. Crlilornla San Brrnardino County 2014 JANORO Comm. t. I 5.C.7.a Packet Pg. 80 Attachment: CESD20170001888 Alberto Hernandez P A (4827 : CESD20170001888 Alberto Hernandez P A) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4828) DOC ID: 4828 Updated: 2/9/2018 3:44 PM by Danny Blanco Page 1 CESD20170013474 Rios CASE NO: CESD20170013474 OWNER: Joseph J. Rios OFFICER: Patrick Baldwin VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) and 2014 Florida Building Code Section 105.1. Metal shed to the east of the property and the pergola to the south of the property constructed without permits, concrete fencing on the back of the property without Collier County Building Permits. FOLIO NO: 34615001156 VIOLATION 40 Wickliffe Drive, Naples ADDRESS: 5.C.8 Packet Pg. 81 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. JOSEPH J RIOS, Respondent(s) Case: CESD20170013474 NOTICE OF HEARTNG 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION: Fence - Building Permit F3C2014105.1, 10.02.06(8)(1Xa), and 10.02.06(BX1) (e)(i). LOCATION OF VIOLATION:40 Wickliffe DR, Naples SERVED: JOSEPH J RIOS, Respondent Patrick Baldwin, lssuing 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. lT lS 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 COUNry CODE ENFORCEMENT 2800 Norlh Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABILITY WHO NEEDS ANY ACCOIUMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH PROVISIONOFCERTAINASSISTANCE, PLEASECONTACTTHECOLLIERCOUNTYFACILITIESIMANAGEMENTDEPARTMENTLOCATEDAT33OlEASTTAMIAMITRAIL,NAPLESFLORID, 34112 (239\774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING II\IPAIRED ARE AVAILABLE IN IHE COUNTY COMMISSIONERS,OFFICI entendimiento con las comunieciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angl6. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angld tanpri vini avek yon intepret pou pal6 pou-ou. 5.C.8.a Packet Pg. 82 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) VS COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLINTY BOARD OF COLTNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD2OI7OOI3474 Joseph J. Rios, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FORHEARING 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: L Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(BXl)(e)(i) and 2014 Florida Building Code Section 105.1 2. Description of Violation: metal shed to the east of the property and the pergola to the south of the property constructed without permits. Concrete fencing on the back of the properfy without Collier County Building Permits. 3. Location/address where violation exists: 40 Wickliffe Drive Naples, FL 341l0 Folio: 34615001 156 4. Name and address of owner/person in charge of violation location: Joseph J. Rios 40 Wickliffe Drive Naples, FL 34110 5. Date violation first observed: August 22,2017 6 . Date owner/person in charge given Notice of Violation: August 29, 2017 7 . Dale on/by which violation to be corrected: September 28,2017 8. Date of re-inspection: January 9,2018 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 Counry Code Enforcement Board for a public hearing. Dated this 9m day of January, 20 1 8 'atrick Baldwin Code Enforcement Investigator STATE OF FLOzuDA COLINTY OF COLLIER Sworn (or affirmed) and subscribed before thislgs day of.lauuery, 2018 by PftTYt C[!. BqvU^ril^ (Signature otary lc (Print/Type/Stamp Commi ssioned Name of Notary Public) G KERRYADAMS i,Y COMMISSION # FF 139721 EXPIREST July 8,2018 Bondedlhru Btldget Notary Senices REV 1-2-15 Type of identifi cation produced *olY.iiar".-w'"" 5.C.8.a Packet Pg. 83 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) Case Number: CESD2017001 3474 Date: August 29,2017 lnvestigator: Patrick Baldwin Phone: 2392525756 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RIOS, JOSEPH J 40 WICKLIFFE DR NAPLES, FL 34110. Location: 40 Wickliffe DR Unincorporated Collier Gounty Zoning Dist: RSF-3 Property Legal Description: GATES MILLS LOT 23 Folio: 3461 5001 156 NOTICE Purcuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation{s} of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections, Celrificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1Xa) Submittal Requirements for Permits Building or Land Alteration Permits. lmprovement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(BX1Xe)(i) Florida Building Code Sth Edition (2014) Building Chapter 1 Scope and Administration, Part 2 Administration and Enforcement, Section 105 Permits, 105.1 Required. 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 permjts No building or structure shall be erected, moved, added to. altered, utilized or allowed to extst 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 bythe CollierCounty Building Code orthis Codei ln 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).: Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge. alter, repair, remove, convert or replace any impact resistant coverings, electrical, gas, mechanicalor plumbing system, the installation of which is regulated by this code, orto cause any such work to be done, shallfirst make application to the building officialand obtain the required permit.: Violation Status - lnitial DESCRTPTION OF CONDTTTONS CONSTTTUTING THE V|OLAT|ON{S}. Did Witness: Metal shed to the east of the property and the pergola to the south of the property constructed without permits. Concrete fencing on the back of the property without Collier County Building Permits. 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 Certifi cate of Comp letion/Occupancy for described structure/ alteration. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. 3. Must comply with all requirements pursuant to 04-41, Section 5.03.02 AND / OR Must apply for and obtain all permits, inspections, and cerlificates of completion/occupancy required for described structure/improvements: AND / OR Must remove said structure/improvements, including materials from propery and restore to a permifted state. ON OR BEFORE: A912812017 5.C.8.a Packet Pg. 84 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $5O0 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No(h Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343nature Patrick Baldwin Case Number: CESD201 70013474 Signature and Title of Recipient Printed Name of Recrpient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and tederal regulations, including, but not limiled to: right-of-way parmit, building permit, demolition of structure, Site Development Plan, lnsubstantlal Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outslanding fees rsquired for approval. 5.C.8.a Packet Pg. 85 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) AFFIDAVIT OF POSTING Code Case Number: cESD201700'13474 Respondent(s): RIOS, JOSEPH J THE DESCRIPTION OF THE DOCUMENT(S) POSTED [Check the applicable dacument(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Patrick Baldwin, Code Enforcement Official, hereby swear and afflrm that I have personally posted the above described document(s) for the above respondent(s) at 40 Wickliffe DR , on August 29, 2017, at 11:30 a.m., and at the Collier County Cou e (Signature nforcement Official) Patrick Baldwin STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this -_1f- day of Patrick Baldwin (Name of pelson maki g statement) 2ol8 by (Signature of Notary Public) s'$Lilj." ."W. NEL Commission cc098500 Expires Augu6t 26,2021 Sondod Thir 8ud0ot Notsrr8$vk!, (Print, type or stamp Commissioned Name of Notary Public) \Personallv known _Produced identification Type of identification produced 1 5.C.8.a Packet Pg. 86 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) AFFIDAVIT OF MAILING Code Case Number: CESD20170013474 Respondent(s): Mailed NOV cert I re170141820 0000 4534 1170 cESD2017001 3474 NOV PB #23 RIOS, JOSEPH J 40 WICKLIFFE DR NAPLES, FL 341,I0 THE DESCRIPTION OF THE DOCUMENT(S)SERVED: [Check the applicable document(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Neil Dav, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above,hasbeensentFirstClassU.S.Mailtotheaboverespondentat 40WICKLIFFEDRNAPLES,FL 34110, on *8129117 _ (Date), at _9:28am_ (Time). I (\ NeilDay STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _29th_ day of _August_, 2017 by Neil Day (Name of person making statement) {: nature Notary ^t:li Puo ."WJ r.iltBEHLYBRttSlS uY cCIrrHlt0t{rFt0{0rffi EXPIREST $t/onts 17, 2t17 B&fi lin, g{d Ni6ry &nloer (Print,type or stamp Commissioned Name of Notary Public) X Personally known _Produced identifi cation Type of identification produced 71 4 5.C.8.a Packet Pg. 87 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) B Collier County, Florida, Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(a) - Submittal Requirements for Permits 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 permlfs. 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 [Vlanager 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 interpretatjon, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent junsdiction. 5.C.8.a Packet Pg. 88 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) Collier County Land Development Code 04-41, as amended, Section 10.02.06(a)( f)(e)(l) Req uirements for Perm its B. Building Permit or Lond Alterotion Permit 1. Building or land alteration permit and certificate of occupancy compliance process. e. lmprovement of property prohibited prior to issuonce ofbuildingpermit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants oflgg[p! 4.06.04 A. ofthis Code; removalofexotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. ln 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). 5.C.8.a Packet Pg. 89 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) 2014 Florida Bu ildinB Code 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. 5.C.8.a Packet Pg. 90 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) Prepared by and Return to: Timothy D. Toole Naples Tifle,Inc. 4851 N. Tamiami Trail, Suite 302 Naptes, FL 34f03 NT-200704-59 4025043 0R: 4236 PG: 31{5 uco[DtD ir otllcnl ucolDs of c0lutn cofl?I, t[ 05/3U2007 at 12:l8lt DIIcffi l, 8l0fi, CLIUc0x8 335000.00 uc til 18.t0 Doc-.70 23{5.00 Retn: XAPIBS II?TT PICI UP Property Identification Number: 34615001156 WARRANTY DEED This Indenturc, Made this ?3 day of May, 2007, between Robert W. Mathers and Mary Jane Mathers, Husband and Wife, whose address is 861553 N. Hampton Club Way, Fernandina Beech, Florida 32034, hereinafter called the grantor, to Joseph J. Rios, A Single Man, whose post office address is 40 Wicklilfe Dr., Naples, Florida 34110, hereinafter called the (Whenever used herein the terms parties to this instrument and the heirs, legal representatives and assigns of of corporations.) WITNESSETH: That the grantor,10.00 and other good and valuable consideration, receipt whereof is sells, aliens, remises, releases, conveys and confirms unto the , State of Florida, viz: Lot23, GATES IV[ILLS,Book 16, Page 79, of the Public Records of Collier County, TOGETIIER with all the appertaining. thereto belonging or in any,wise TO IIAVE AIYD TO HOLD, the same in fee AllD 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 2006, and covenants, conditions, restrictions and easements recorded in the public records. and the successors 5.C.8.a Packet Pg. 91 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) t*i 0R' 4235 pG: 311? til IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written, Signed, sealed and delivered in our presence: L4- a Signature of First w. A //rc<-mP ?flo*9*lih,€<e s/ Printed Name of First Witness . L.',.', .f. t lo \\-U,.\\e Priited Name of SecondVidress W w*T_ AfD-ar.solo. STATE OF COUNTY OF Ak-&a-.1 Carnc{o*1 t ft{d fOneGOING instrument was and Mary o{ My pgmthission Expires: :i Joseph J. Rios Deed - Page 2 of May,2007,by Robert W. produced ((sEAL)) MY DEANNA OF NEW not take an oath. 5.C.8.a Packet Pg. 92 Attachment: CESD20170013474 Rios (4828 : CESD20170013474 Rios) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4834) DOC ID: 4834 Updated: 2/12/2018 12:16 PM by Danny Blanco Page 1 CELU20170004265 11222 Tamiami LLC Imposition of Fines CASE NO: CELU20170004265 OWNER: 11222 Tamiami LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Commercial container being stored on an unimproved lot. FOLIO NO: 60783280006 VIOLATION No Site Address ADDRESS: 6.A.1 Packet Pg. 93 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CELU2O17OOO4265 Hearing Date: O212212018 Board of County Commissioners vs. 11222 Tamiami LLC Violation(s): Collier County Land Development Code,04-41, as amended, Sections 1.04.01(A) and2.02.03. Location: No Site Address Folio: 60783280006 Description: Commercial container being stored on an unimproved lot Past Order(s):On June 22, 2017, 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 5410 PAGE 3388, for more information. The violation has been abated as ofJanuary 16, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $i00.00 per day for the period from August 22, 2017 to January 16, 2018. (148 days) for a total fine amount of $14,800.00 Previously assessed operational costs of $66.69 have been paid. Operational Costs for today's hearing: $59.42 Total Amount: $14.859.42 6.A.1.a Packet Pg. 94 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNW COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CELU20170004265 VS 1 1 222 T AMI AMI LLC, Res pondent(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: 0212212018 TIME: 09:00 AI\I PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34111 VIOLATION: Prohibited Use 2.02.03 and 1 .04.01(4) LocATloN oF vloLATloN: No site Address Fotio: 60783280006 SERVED: 11222 TAIVttAtVtt LLC, Respondent Jonathan Musse, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGTN 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 bythe Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for thehearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing to include emphasis on section Eight relating to the appeal process. Danny Blanco COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Tetep hone IF YOU ARE A PERSON WTH A DISABILIry VILIO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH 34'112 (239\774-8800; ASSISTED LISTENING DEV|cEs FoR THE HEARING rrr,lpernEo ani eVarLesii iilixe couNTy coMMtssloNERS,oFFtcr Avgtsman - Tout odisyon yo fet an angl6. Nou pan gin moun pou fg tradiksyon. si ou pa pal6 angla tanpri vini avek yon intepret pou pal6 pou-ou. 6.A.1.a Packet Pg. 95 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) INSTR 5424342 oR 5410 pG 3388 RECoRDED 6/3O/?.0L7 11-:02 Arvt PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNW FLORIDA REc $27.00 QOLLIER COUNTY CODE ENFORCEMENT copE EFTFoRCEMENT FOARD Case No. - CELU2OL7 OOA 4265 BOARD OF COUNTY COMMISSIONERS CoLLIER COUNTY, FLORTDAe Petitioner, vs. II222TAMIAMI LLC, Respondent :. THIS CAUSE came on for public Code Enforcement Board, having heard appropriate matters, hereupon issues its l. Respondent,ll222 2. Respondent was Board hasjurisdiction 3. Respondent, having 4. The Respondent entered adoptedas an Order ofthe 5. The real property located at 1931 PG 2226) is in violation of 1.04.01 (A) wd 2.02.03 in the following particulars: Code Enforcement Board on June 22,2017, and the evidence and heard argument respective to all Code Enforcement Board, as follows: and the Code Enforcement Steven Purciello. Exhibit "A". The Stipulation is is ordered to comply. COVE ACRES BLK D LOT 9 OR Development Code 04-41, as amended, Section(s) Commercial container being stored on an unimproved lol 6. The violation has not been abated as ofthe date ofthe public hearing. . ORDER Based upon the foregoing Findings ofFact and conclusions oflaw, and pursuant to the authority granted inchapter 162, Florida Statutes, and collier county ordinance No.2007-44, u. uln.na.a, it is hereby opoEngo, A' Respondent is found guilty of violating of collier county Land Development code 04-41, uamended,Section 1.04.01(A) and Secrion 2.02.03. B' Respondent(s) must abate the violati-on(s) by removing all unauthorized materials from the unimprovedproperly on or before August 21,2017 or a fine of $i00.00 per day will be imposea roi..rr, oluv ur"violation remains thereaft er. C' If Respondent(s) fails to comply with this order, collier county may abate the violation using anymethod(s) to bring the violation(s) into complianceand may urr tir.isirturc. ortn. Codier S;.ySheriffs office to enforce the provisions of this order ana ar roJ oilbatement shall be assessed to thepropeffy owner. subject was whioh is Board and 6.A.1.a Packet Pg. 96 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) oR 5410 PG 3389 D' Respondent is ordered to pay oPerational costs for the prosecution of this case in the amount of $66.69 onor before July 22,2017. E' Respoadent shall notif Code Enforcement within 24 hours ofabatement ofthe violation(s) and request theinvestigator to perform a site inspection to confirm compliance. DONE AI{D ORDEREDtrisA? o ^y or lutte,20t7 atcorrier county,Ftorida. CODE ENFORCEMENT BOARD , FLORIDA STATE OF FLORIDA ) )SS COI,JNTY OF COLLIER) The foregoing instrument was PAYMENTOFFINES: Any Enforcement Department, 2800 www.colliergov.net. Any release of obligations of this Order may also be ITTEREBYCERTIFY LLC,at 512 Route 28, West State ol Florida County of I HEREBY corect Board be paid at the Collier County Code Phone: (239) 252-2440, Website:04, or confirmation of the satisfaction of the sent by U. S. Mail to Tl2Z2Tatniami 2017 Florida, who is as identification. APPEAL: Any aggrieved parly may appeal a final order of the Board to the circuit court within thirfy (30) days ofthe execution of the order an-nefed. An appeal shall not be a.hearing de novo, bot shall be rmiiroi.-"irj.lr.treview of the record created within the originat hearing. It is. the rirp*tiuiiiay of the appealing parry to obtain a [fi:::'oto record of the hearing from the clerk of couis. Filing - dpp.ui*il1 not automaticaly stay the Board,s CERTIF'ICATE OF SERVICE Code of me this Enforcement to be paid pursuant My Drive, DWIGHT E. 6.A.1.a Packet Pg. 97 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) *** oR 5410 pG 3390 *** 1) Pay operational costs in th days of this hearing. 2) Abate all violations by: Removing all unauthorized m +Y BOARD OF COUNTY COMMISSIONERS Collier County, Florida petitioner, VS 11222 famiarni LLC Respondent(s), STIPULATION/AGREEMENT as representative for Respondent and enters into this Stipulation and Agreement with Col ter County as to the resolution of Notices of Violation in reference (case) number CE1U20170004265 dated the 29rh day of March, ln consideration of the dlsposition and resolution of the matters ouflined in said Notice (s) of Violation for whicha hearing is currently scheduled for June ZZ,efliciency in the administration of the codeenforcement process; and to obtain a q u olution of the matters outlined therein theparties hereto agree as follows;1) The violations noted in the refe and I stipulate to their existence. Commercial container being st THEREFORE, it is agreed betwee n of this case within 30 Lo; within Ndays of this hearing or afine of $100.00 per day will be i3) Respondent must n otify Code E bf abatement of the violation and requestthe lnvestig ator perForm a site inspe ance shall be by phone or td and nirde during th6 ls abaled 24 hours pnorb a sailday, sLhday ortega hotday $en rhe nor erlon mlst be made on tic next day th.l l! nol a SalurdEy. Sundsy or t€9€t hotid6y,) 4) That if the Respondent fails to abate the violation the County may abate the violation usi ng any methodto bring the violation into compliance and m ay use the assistance of the Collier Cou nty SherifFs Officeto enforce the provisions of this agreement and all costs of abatement shall be as sessed to the propertyowner q Res ent o presentative (sign)Jose , SupervisorrU a Respo or Representative (print) for Mic el Ossorio, Director Code Enforcement Div ston 22 I? otice of Violation a d e from the unim until the violatio Date COMES NOW, the undersigned, 11222 famiami LLC, on behalf of himsetf or Case No. CE1U20170004265 20u. 6!z t- lra_ Date REV 3-29-16 6.A.1.a Packet Pg. 98 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU2OI7OOO4265 COLLIER COLINTY BOARD OF COLTNTY COMMISSIONERS, petitioner I 1222 T AMI AMI LLC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINiTY 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 swom, deposes and says: 1. That on June 22, 2017 , the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5410 pG 3388 . 2. That the respondent did not contact the investigator. 3 . That a re-inspection was performed on Augus t 22, ZO17 . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the fr:rllowing conditions: Container still remains on the properly. FURTHER AFFIANT SAYETH NOT. DATED tnis ZTftaay of Augus t,2lt7 . COI,LIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jonathan Code Official STATE OF FLOzuDA COLINTY OF COLLIER Sworn to ignature (Print/Type/Stamp Commissioned Name of Notary and subsciibed before me this236a ay or gvqtaf , Z0 (lby.Ionathan Musse r) * KERRYADAMS * l\/|Y CoMI/ISSIoN# FF 139721 EXPTRES:juty 8, 2018 Eonded Ihru Budget NotaryServhes Personally known i 6.A.1.a Packet Pg. 99 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENTBOARD CEB CASE NO. CELU2OI7OOO4265 COLLIER COUNTY BOARD OF COLINTY COMMISSIONERS, Petitioner | 1222 T A}u{I AMI LLC, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLOzuDA 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 swom, deposes and says: 1. That on June 22,2017, 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 54 10 PG_33!8_, et. seq. 2. That the respondent did contact the investigator 3. That a re-inspection was perfonned on January 16,2018. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by removing the container from this unimproved lot. FURTHER AFFIANT SAYETH NOT. DATED this 16th day of January,2018 COLLIER COLINTY, FLORIDA CODE ENFORCEMENT Jonathan Code Official STATE OF FLORIDA COLINTY OF COLLIER Swom (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { before me thi, ee day of January, 2018 by Jonathan Musse ==ffiHrfrHHLffi#il 6.A.1.a Packet Pg. 100 Attachment: CELU20170004265 11222 Tamiami LLC IOF (4834 : CELU20170004265 11222 Tamiami LLC Imposition of Fines) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4837) DOC ID: 4837 Updated: 2/12/2018 12:27 PM by Danny Blanco Page 1 CESD20160017293 Lopez Parchment Imposition of Fines CASE NO: CESD20160017293 OWNER: Manuel Lopez Parchment OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. FOLIO NO: 35740520006 VIOLATION 2069 41st Ter SW, Naples ADDRESS: 6.A.2 Packet Pg. 101 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD2OT6OOI7293 Hearing Date: 0212212018 Board of County Commissioners vs. Manuel Lopez Parchment Violation(s): Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(BXl)(a). Location: 2069 4lST TER SW, NAPLES, FL 34116 Folio: 35740520006 Description: Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. Past Order(s):On June 22, 2017, 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 5410 PAGE 3368, for more information. The violation has been partially abated as of June 22,2017 . FINES AND COSTS TO DATE ARE AS FOLLOWS: Part B of the Order: Fines have accrued at a rate of $250.00 per day for the period from October 21,2017 to February 22,2018. (125 days) for a total fine amount of $31,250.00 Part C of the Order: No Fines Accrued Fines continue to accrue on Part B of the Order Previously assessed operational costs of $65.01 have been paid. Operational Costs for today's hearing: $59.42 Total Amount: $31.309.42 6.A.2.a Packet Pg. 102 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD2O160017293 VS. MANUEL LOP PARCHMENT.Respondent(s) NOTICE OF HEARING RE: IMPOSITI ON 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411', VIOLATION: Building Permit LDC 10.02.06(8)(1)(a) LOCATION OF VIOLATION:2069 41st TER SW, Naptes SERVED: MANUEL LOPEZ PARCHTVENT, Responden' Steven Lopez-Silvero, lssuing 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 bythe Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT !S FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing to include emphasis on section Eight relating to the appeal process. Danny Blanco COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Tetepho ne IF YOU ARE A PERSON WTH A DISABILITY WI-IO NEEOS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN INIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH 34112 (23e)774'8800; AsslsrED LlsrENrNG DEVIcES roR rni xEenir.rc lttrperneo eni rVeireeii ii-rFie couNry coMMrssloNERS,oFFrcr Avetisman - Tout odisyon yo fet an angl6 Nou pan gin moun pou f6 tradiksyon. si ou pa pal6 angle tanpri vini avek yon intepret pou pal6 pou{u. 6.A.2.a Packet Pg. 103 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) INSTR 5424336 oR 5410 pG 3368 RECoRDED 6/3O/ZOL7 1i-:02 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDAREc $35.50 COLLIER COUNTY CODE EIYF'ORCEMENT cgDE EI{FORCEMENT BOARp Case No. - CESD20160017293 BOARD OF COUNTY COMMISSIONERS CoLLIER COUNTY, FLORTDA, Petitioner, MANUEL LOPEZ PARCITMENT, 0RDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came on for public vs. Code Enforcement Board, having heard appropriate matters, hereupon issues its l. Respondent, MANUEL 2. Respondent was Board hasjurisdiction 3, At the hearing, the Stipulation is adopted as comply. 4. The real propefy located at Description: GOLDEN GATE Code 04-41, as amended, Section 10. Enforcement Board on lwre 22,2017, and the evidence and heard argument respective to all Enforcement Board, as follows: ect property, and the Code Enforcement hereto as Exhibit "A". Ths Respondent is ordered to 34116, Folio No. 35740520006 (Legal lation of Collier County Land Development following particulars; Unpermitted frame storage building/shed in the rear yard of improved occupied residential property. 5' The violation has not been abated as ofthe date ofthe public hearing. ORDER Based uion the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted inChapter 162, Florida Statutes, aud Collier Counfy Ordinance No.2007-44, *'uro.rd.d, it is hereby OnogREO: A. Respondent is found guilty of violating of Collier County Land Development Code 04-41, as amended, Section 10.02.06(BXIXA). B' Respondent must abate.all violations by obtaining all required Collier County Building permit(s) to permitthe frame storage building or Demolition nermit(i) to remove said structure, requestin; all requiredinspections and obtaining Certificate of Completion/occupancy on or before october"20, 20i7 or a lineof $250'00 per day will be imposbd for eachday the viotation remains thereafter. c' cease and desist the^use-orunpgiliuea sbrage building/shed as living quarters and disconnect utilities onor before June 23, 2017 or a {ihe of $250.00 per oay witt be imposei ior each d"y thr ;i;jil; remainsthereafter. entered into a ofthe Code 6.A.2.a Packet Pg. 104 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) oR 5410 PG 3369 D. If Respondent(s) fails to comply with this Order, Collier County may abate the violation using any method(s) to bring the violation(s) into compliance and may use the assistance of the Collier Couirty Sheriff s office to enforce the provisions of this order and all costs of abatement shall be assessed t'o ttre property owner. E. Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of$65.01 on or before July22,2017. F. Respondent shall notiff Code Enforcement within 24 hours of abatement of the violation(s) and request the investigator fo perform a site inspection to confirm compliance. A? o,vor f,o*c 7 at Collier County, Florida..201 CODE ENFORCEMENT BOAR.D , FLORIDA STATE OF FLORIDA ) )SS: couNTY oF CoLLIER) The foregoing instrument was 2017,bv Robert Kaufman. Chair X- p.ttonally, known to me , Florida, who is as identification. PAYMENT OF'FINES:Any fines ordered to be this Order may be paid at the Collier County Code Enforcement Department, www,colliergov.net. Any 2800 North Horseshoe Drive,Naples,FL 34104, Phone: (239) 252-2440, Website: release of lien or confirmation of compliance or confirmation of the satisfaction of theobligations of this Order may also be obtained at this location, CERTIFICATE OF SERVICE I HEREBY CERTIFY that a hue and correct sent by U. S. Mail to Manuel Lopez DONE AND ORDERED this 4PPEAL: Any aggrieved parry may appeal a final order of the Board to the Circuit Court within thirry (30) days ofthe execution ofthe order aqRealed. An appeal shall not be a hearing de novo, but shall be limited to alielfatereview of tle record created within the original hearing. It is the risponsibiiiry of the appealing pudto obtain ahanscribed record of the hearing from the Clerk of Courts, Filing an Appeal wiil not automaticaliy'stay the Board,sOrder. : Parctiment, 2069.4l* T errace SW, Naples, Naples, FL 341 2017 6.A.2.a Packet Pg. 105 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) **1toR5410PG3371*** #, ,. n+8 t BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs Case No. CESD201 60017293 MANUEL LOPEZ PARCHI\4ENT Respondent(s), ln consideration of the disposition and resolution of the matte rs outlined in said Notice(s) of Viotation for whicha hearing is currently scheduled for June 22. 2017: lo oromote efficiency in the administration of the codeenforcement process;and to obtain a q uick and ious resolution of the matters outlined therein theparties hereto agree as follows: 1) The violations noted in the refere rate and I stipulate to their existence. THEREFORE, it is agreed between STIPULATION/AGREEMENT CoMES NoW, the undersigned, Itilanuel.l-ooez Parghmerlt, on behalf of himself enters into this Stiputation andAgreement with collier countv as 6the re;m;;f-'Notices of violaiion -in -reterenie- 1-ca"e1 numu",CESD20160017293 dated the Osth day of December, 2OiO. -"-- 1) Pay operational costs in th days of this hearing, 2) Obtaining all required Coll shed or Demolition Permit obtaining a Certificate of Co 250.00 per day will be imposed 3) Cease and desist use of un permi hed as living quarters and disconnectutilities within 24 hours of this hearing or a ne of $ 250.00 per day wi be imposed until theviolation is abated 5) That if the Respo ils to abate the violation the Cou nty may 4) Respondent must. notify Code Enforcement within 24 hours of abatement of the violation and i::q^f:L$ l,lrg.ligator perform a site inspection to confirm comptiance. \24 nolll notbe shalJ be bv phone or rsx and mado dring lh€ wsrkx€ak. It th6 vtoratron ts 6bar6d 24 nours pnor b a satuday, sunday or tegat houday. lhen inenolific6tlm must be msd; on th6 n€xl day rhar ts not a saluday, Sunday o, tegat hotiday. ion of this case within 30 shall be to the property Crist na Perez, Su pervis For Michael Ossori o, Dire the frame storage building / all required inspections, and of this hearing or a fine of g abate the violation using any method of the Collier County Sheriff,s Office to bring the viol nto compliance and m ay use the assistanceto enforce th owner. ons this agreement and all costs of abatem Respondent oi epresentative (sign) Code Enforcement Divis r ce of Violatiori ndent nty Building Pe ove said structu violation is a upancy Respondent or entative (print) ))t') ton REV 3-29-16 aff 6.A.2.a Packet Pg. 106 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLINTY BOARD OF COUNTY COMMISSIONERS, petitioner vs. PARCHMENT, MANUEL LOPEZ, Defendant(s) STATE OF FLOzuDA COLTNTY OF COLLIER CODE BOARD Steven Lopez-Silvero Code Enforcement Offi cial STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD2OI6OOI7293 BEFORE ME, the undersigned authority, personally appeared Steven Lopez-Silvero, code Enforcement official forthe Code Enforcement Board of Collier County, *r,o ut"r being fully ,*trn, deposes and says: I ' That on lune 22, 2017, the Code Enforcement Board held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was to abale all violations as stated in the order recorded in the publicrecords of Cottier Counry, Florida in OR BookfuApG$6A;;;;;. " 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on June Z}nd,2017 . 4' That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was incompliance by Part c of the order; ceasing and desisting the use oi unpermitted storage building/shed asliving quarters and disconnect utirities on or before lune 23,20rr. FURT}#R AFFIANT SAYETH NOT. DATED this 28th day of June ,2017 . COLLIER COUNTY. FLORIDA Sworn to and (Print/Type/Stamp Commissioned d before me this ?f1.day of 2017 by Steven Lopez-Silvero4 Danru Blanco ComtttisshtrffiE4S4$ Exphos:Apill 21,N20 Bondedthru Aarm t{otar Personally known V Name of Notary Public) 6.A.2.a Packet Pg. 107 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COTINTY BOARD OF COUNTY COMMISSIONERS, petitioner CEB CASE NO. CESD2O160017293 vs. PARCHMENT, MANUEL LOPEZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINTY 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: l. That on June 22. 2017, 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 5410 pG 3368. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on October 23, ZOl7 . 4' That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with Part B of the Order: Respondent must abate all violations by obtaining all required Colliercounty Building Permit(s) to permit the frame storage building or Demolition permltls) to remove saidstructure, requesting all required inspections and obtaining Certificate of Completion/Occupancy on or before October 20, Z0l7 . FURTHER AFFIANT SAYETH NOT. DATED this 23rd day of October,20t7. COLLIER COUN FLORIDA CODE BOARD Steven Lopez-Silvero Code Enforcement Offi cial STATE OF FLORIDA COLINTY OF COLLIER Sworn to and bed me this Nlauy ot c 2017 by Steven Lopez-Silvero (Signature of Notary public) CRISTT{AB.PEEZ MY COlrfi,llsst0{ r FF 1n144 EXPIRES: Octobe r B, 2018 Eondld nru gudgrt Nobry itni:er(Print/Type/Stamp Commissioned Personally known r/ Name of Notary Public) *d*',13r.^.rwJ 6.A.2.a Packet Pg. 108 Attachment: CESD20160017293 Lopez Parchment IOF (4837 : CESD20160017293 Lopez Parchment Imposition of Fines) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4835) DOC ID: 4835 Updated: 2/12/2018 12:22 PM by Danny Blanco Page 1 CESD20160011175 Jimenez Imposition of Fines CASE NO: CESD20160011175 OWNER: Maria O. Jimenez OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. FOLIO NO: 62262720001 VIOLATION 5326 Trammell St., Naples ADDRESS: 6.A.3 Packet Pg. 109 COLLIER COUNTY CODE ENFORCEMENT BOARI) IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD2OT6OO11175 Hearing Date: 0212212018 Board of County Commissioners vs. Maria O Jimenez Violation(s): Collier County Land Development Code, 04-41, as amended, Sections 1 0.02.06(BX1 Xa) and I 0.02.06(BXlXeXi). Location: 5326 TRAMMELL ST, NAPLES, FL 34113 Folio: 62262720001 Description: Permitted lanai with slab and trusses that was converted into a living space without first obtaining a valid Collier County Permit. Past Order(s):On November 18, 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 5338 PAGE 190, for more information. The violation has not been abated as of February 22,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $200.00 per day for the period from March 19, 2017 to February 22,2018. (341 days) for a total fine amount of $68,200.00 Fines continue to accrue Previously assessed operational costs of $64.59 have been paid. Operational Costs for today's hearing: $59.35 Total Amount: $68.259.35 6.A.3.a Packet Pg. 110 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20160011175 VS MARIA O JIMENEZ, 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34111 VIOLATION: CO Required ATF Permits 10.02.06(8)(1)(e)(i) and 10.02.06(BX1Xa). LOCATION OF VIOLATION:5326 Trammell ST, Naptes SERVED: t\4ARlA O JIIVIENEZ, Respondent Jonathan Musse, lssuing 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 bythe Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing 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 WTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE.IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRovlsloN oF cERTAIN ASSlsrANcE, PLEASE coNTAcr rHE coLllER couNTY FAcrurrres l,ratlnctrr,teNT DEpARTMENT Loceieo ar ssor EAST TAMIAMt rRAtL, NApLES FLoRtD34112 (23e)774-88m; ASSlsrEo LISTENING DEVIcES FoR THE HEARTNG tt,tpntnro eRe avlrLaeii iNJxe couNry coMMtsSloNERs,oFFtct entendimiento con las @muni€ciones de este evento. por favoi tmiga su prcpio traductor. Aversman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. si ou pa pal6 angl6 tanpri vini avak yon inteprat pou pal6 pou-ou. 6.A.3.a Packet Pg. 111 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) rNSTR 5339379 oR 5338 pG 190 RECoRDED |L/30/2OL6 11:32 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDA REc $27.00 vs COLLIER COUNTY CODE EMORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD2ol60011175 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, MARTA O. JIMENEZ Respondel|t. OR.DER OF TIIE CODE ENFORCEMENT BOARD THIS CAUSE came on for public Edorcement Board on November 18, 2016, ald the Code Erforcemert Board, having heard evidence ard heard argument respective to all appropriate matters, hereupon Code Enforcement Board, as follows: L Respondent, MARIA O 2 Respondent was notified Board has jurisdiction of g ard the Code Enforcement 3. At the hearing, the hereto as Exhibit "A'. The Stipu.lation is adopted as an cornply. Respondent is ordered to 4 The real property located at 53 Description: NAPLES MANOR 34113, Folio #62262720001 (Legal 7) is in violation of Collier County Land Development Code 04-41, as amended , Sections (BXl)(a) aDd 10.02.06(8)(l)(e)(i) in the following particulars: Permitted lsnai with slab and trusse$ that was conyerted lnto a living space without first obtaining a valid Collier County Permit. 5. The violation has not been abated as ofthe date ofthe public hearing. Chapte! B. ORDER Based upon the foregoing Findings ofFact and Conclusions oflaw, and pursualt to the authority granted in 162, Florida Statutes, and Collier Couoty Ordinance No.2007-44, as amended, it is hereby ORDEREDi Respondent is fould guilty ofviolatiDg Collier County Land Development Code 04-41, as amended, Sections 10.02.06@)(1)(a) and 10.02.06(BXlXeXi). Respondent must abate all violations by obtaining the required Collier County Building permit(s), or Demolition Permit, inspections and Cefiificate ofCompletion/Occupancy by March 18, 20li or a fine of $200.00 per day will be imposed uDtil the violation is abated. IfRespondent fails ro comply with this Order, the Collier County Code Enforcement Department may abate the violatioo using any method to bring the violation into compliance. Ifnecessary, the County may requesl the seri.iceE ofthe Collier County Sheriffs Office for the purpose ofaccessing the propety for abatement. All costs ofabatemeflt shall bc assessed against the property. the su o is the tered into a the Code OFFINI 6.A.3.a Packet Pg. 112 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) oR 5338 PG 191 D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $64.59 on or before December 18, 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 conJirm compliance. DONE AND ORDERED this f,l u"v N^,,2016 at Collier County, Florida.of BOARD STATE OF FLORIDA ) )SS:) couNTY oF coLLrER) The foregoing instrument was acknowledged the Danny Commision f Expiros:April Bonded thru PAYMENT OF FTNES: Any Enforcement Department, 2800 www.colliergov.net, Ary release obligations of this Order may also APPEAL: Any aggrieved party may the execution ofthe Order appealed. , review of the record created within the hanscribed record ofthe hearing from the Order. 104 of Nov Counfy, Florida, who is License as identification. paid at the Coliier County Code (239) 252-?440, Website: of the satisfaction of the Cout within thirty (30) days of but shall be limited to appellate of the appealing party to obtain a will not automatically stay the Board's CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct Jimenez, 5326 Trammel St., Naples, FL 34113 this of this ORDER has been sent by U. S. Mail to Maria O. day of November, 20 6. Code Official , coDvAI siaie 0t Fiorda CountY of COLLIER I HEREBY correct Board is a true and lp final order ofthe at this location. not be a % DWIGHT 6.A.3.a Packet Pg. 113 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) *** oR 5338 PG 192 *** BOARD OF COUNTY COT/IIVISSIONERS Collier County, Florida Petitioner, VS a hearing is cunently scheduled for Novem enforcement process; and to obtain a qu parties hereto agree as follows:1) The violations noted in the refe Permitted lanai with slab an Collier County permit. THEREFORE, it is agreed betwee 1) Pay operational costs in the days of this hearing. 2) Abate all violations by: Obtaining all required Collier Cou Certificate of Completion/Occupancy Maria O Jimenez Respondent(s), STIPULATIONiAGREEMENT COMES NOW, the undersigned, Mafia O Jimenez, on behalf of herself or representative foi: Respondent and enters int resolution of Notices of Violation in reference zv to. ln consideration of the disposition and resolution of the matters ou i o this Stipulation and Agreement with Collier County as to the (case) number CESD2o1600 1 1 1 75 dated the 3d day of August, Case No. CESD201 600'1 1175 AS ned in said Notice(s) of Violation for which efficiency in the administration of the code lution of the matlers outlined therein the e and I stipulate to their existence space without first obtaining a valid cution of this case within 30 olition Permit, inspect,ons, and this hearing or a fine of g Joc, o per the violatjon using any method Collier County Sheriff's Office to the property C er Am ,D upervrsor for Michael Ossorio, Director Code Enforcement Division il lrt/rb #e'. ber '18 mote ay will be imposed until the violation is abat 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. t?4 h@ls nouce shall ba by Phon. or rar and made during the workwElk. [ fie vtols{s is abaGn 24 houls prior to a Sarlday, sunday or tegal holtday, then $o not E l'on rust be 1lsde on lhe noxl day lhat b not a Seturday, Sunday or telal ho[day.) d 4) That if the Respondent fails to abate the violation the County may abate to bring the violation into corirpiiance and may use the assiitance of the to enforce the provisions of this agreement and all costs of abateme hall be assess OWNET Responden or Represe tive (sign) -) Respondent or Representative (print ^ ce of Violation a nt of $64.59 incu e sh he d into Date It \V Date REV 3-29-16 I 6.A.3.a Packet Pg. 114 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD2O16OO11175 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner IIMENEZ, MARIA O, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLOzuDA COLINTY 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; I' That on November 18, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5338 PG 190 . 2. That the respondent did contact the investigator 3. That a re-inspection was performed on March 2l, ZO17 , 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Did not obtain a certrificate of occupancy for the partial demolition and building permit for the addition. FURTHER AFFIANT SAYETH NOT. DATED tfris ?,l day of Marc h, 2Ot7 . COLLIER COLTNTY, FLOzuDA CODE ENFORCEMENT BOARD Jonathan Code Official STATE OF FLORIDA COLTNTY OF COLLIER Swom to (or subscribed this il. dayof March ,2017 byJonathanMusse re Public)Danny Blanco Commission # ff98454; Expites: April 21, 2020 Bonded thru Aaron Notartr(PrintiType/Stamp Comrnissioned Name of Notary Public) Personally known { *,'*ilH,?'H'l'o*u zeffisfirs,*l'mn:Al 6.A.3.a Packet Pg. 115 Attachment: CESD20160011175 Jimenez IOF (4835 : CESD20160011175 Jimenez Imposition of Fines) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4840) DOC ID: 4840 Updated: 2/12/2018 12:48 PM by Danny Blanco Page 1 CESD20160015133 Castro Imposition of Fines CASE NO: CESD20160015133 OWNER: Esmerido Castro OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). New exterior door, a wall mounted air conditioning unit, partitioned walls and plumbing fixtures installed/added to the existing attached garage on improved occupied residential property without first obtaining a permit. FOLIO NO: 36378000007 VIOLATION 5260 21st PL SW, Naples ADDRESS: 6.A.4 Packet Pg. 116 COLLIER COUNTY CODE ENFORCEMENT BOARI) IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD2O16OO15T33 Hearing Date: 02/2212018 Board of County Commissioners vs. Esmerido Castro Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(BX1Xa). Location: 5260 2lST PL SW, NAPLES Folio: 36378000007 Description: New exterior door, a wall-mounted air conditioning unit, partitioned walls and plumbing fixtures installed/added to the existing attached garaged on improved occupied residential property without obtaining a permit. Past Order(s):On March 23,2017, 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 5377 PAGE 511, for more information. The violation has not been abated as of February 22,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Part B of the Order: Fines have accrued at a rate of $200.00 per day for the period from July 22,2017 to February 22,2018. (215 days) for a total fine amount of $43,000.00 Part C of the Order: Fines have accrued at a rate of $200.00 per day for the period from July 22,2017 to February 22,2018. (215 days) for a total fine amount of $43,000.00 Fines Continue to Accrue Previously assessed operational costs of $65.01 have not been paid. Operational Costs for today's hearing: $59.28 Total Amount: $86,124.29 6.A.4.a Packet Pg. 117 Attachment: CESD20160015133 Castro IOF (4840 : CESD20160015133 Castro Imposition of Fines) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. ESMERIDO CASTRO, Respondent(s) Case: CESD20160015133 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: 0212212018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples , FL 34111 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION:5260 21st PL SW, Naptes SERVED: ESIVIERIDO CASTRO, Respondent Steven Lopez-Silvero, lssuing 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. lT lS 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 Telep hone IF YOU ARE A PERSON WTH A DISABILITY uI-lO NEEDS ANY ACCOIVMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRovlsloN oF cERTAIN ASSrsrANcE, PLEASE coNTAcr rHE coLLlER coururv rectrrres uanei;irr,ter.ir oepnnrlaeNir Loceieoar s3o1 EAST TAMTAMT rRAtL, NA'LES FLoRTD34112 (239\774a80o; ASSISTED LlsrENlNG DEV|cEs FoR THE HEARING trr,lpetReo aRE avArLeaiE iNJHe couNry coMMtsstoNERS'oFFtcl Avetisman - Tout odisyon yo fat an angld. Nou pan gin moun pou fe radiksyon. sl ou pa pal6 angl6 tanpri vini av6k yon intcprdt pou pal6 pou{u. 6.A.4.a Packet Pg. 118 Attachment: CESD20160015133 Castro IOF (4840 : CESD20160015133 Castro Imposition of Fines) INSTR 5384845 oR 5377 PG 5L1 RECoRDED 3/29/20A7 4:40 PM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 COLLIER COIJNTY CODE ENTORCEMENT CODE ENT'ORCEMENT BO.ARI) Case No. - CESD2016001S133 BOARD OI' COI]NTY COMMISSIONERS COLLIER COI.]NTY, FLORIDA5 Petitioner, vs. ESMERIDO CASTRO, Respondents. ORDER OF TIIE CODE ENFORCEMENT.BOARD THIS CAUSE carne on for public Enforcement Board on March 23, 2017, and the Code Enforcement Board, having heard appropriate matters, hereupon issues its and heard argurnent respective to all Enforcement Board, as follows: l. Respondent, 2. Respondent was notified and the Code Enforcement Board has jurisdiction 3. Respondent,.havingbeen 4. Respondents submitted a and said request was denied. 5. Therealpropertylocatedat5260 # 36378000007 (Legal: GOLDEN GATE BLK 21I LOT County Land Development Code 0441, as 1 0.02.06(BX I )(a) in the New erterior door, a wall-mounted air condltionlng unlt pertltioned walls and plumbing lixtures installed/added to the existlng attached gamge on lmproved occupled resldential property without obtaining a Permit. 6. The violation has not been abated as ofthe date ofthe hearing. ORDER Based upon the foregoing Findings ofFact and Conclusions ofLaw, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.200744, as amended it is hereby ORDERED: A' Respondent is found guilty of violating Collier County Land Development Code 04-41, as amended, Section I 0.02.06(8)(l)(a). B. Respondbnt must abate the violation by obtaining Demolition Permit, inspections and Certificate of Ilne of $200.00 per day will be imposed for each C. Respondents must abate the violation by ceasing the use of the unpermitted converted garage as living quarters and shutting off unpermitted utilities, until a Certificate of Occupancy is obtained on or before July 21, 2017 or a fine of $200.00 per day will be imposed for each day the violations remains thereafter UNIT 6 PART I amended, Section all required Collier Counfy Building Permit(s) or Completion/Occupancy on or before July 21, 2017 or a day the violation remains thereafter. ofthe did not appear to the Board to I I i i I I I I i I i I I I 6.A.4.a Packet Pg. 119 Attachment: CESD20160015133 Castro IOF (4840 : CESD20160015133 Castro Imposition of Fines) *** oR 5377 PG 512 *** STATEOFFLORIDA ) '. )SS: couNTYoF coLLrBR) The foregoing indiument was Any fines Enforceinent 2800 North www.colliergov.net. Any release of lien or obligations of this Order may also be obtained at this location. otate ot Flonda Code this is a true and file in Collier County seal this D. If Respondent fails to comply with this Order, the Collier County Code Enforcement Departrnent 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 Sheritfs 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 ofthis case in the amount of $65.01 on or before Lprrl 22, 2017. F, Respondent shall notif 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. DortE AI\D oRDERED trrist) a"vorlY)a.fah , 2017 atCouier county,Frorida. BOARD APPEAL! Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the executiou of tlie Order appealed. An appeal shall not be a hearing de novo, but shali be limited.to appellate review of the recbrd created'within the originat hearing. It is the responsibility of the appealing party to obtain a tanscribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automaticaliy stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY,CERTIFY that a frue and correct conv of Castro, 5260 21't Place SW, Naples, FL 34116 this $ day Drive Florida, who is as identification. may be paid at the Collier County Code 34104, Phone: (239) 252-2440, Website: or confirmation of the satisfaction of the sent by U. S. Mail to Esmerido Naples, NOT My t? 6.A.4.a Packet Pg. 120 Attachment: CESD20160015133 Castro IOF (4840 : CESD20160015133 Castro Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD2OI6OO15133 COLLIER COLTNTY BOARD OF COLTNTY COMMISSIONERS, petitioner CASTRO, ESMEzuDO, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COTINTY 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: l. That on March 23,2017, 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 5377 pG 51t. Z. That the respondent did contact the investigator. 3. That a re-inspection was performed on July 24,2017 . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance. FURTFMR AFFIANT SAYETH NOT. DATED this24th day of July,20l7. COLLIER COI-INTY, FLORIDA CODE BOARD Steven Lopez-Silvero Code Enforcement Offi cial STATE OF FLORIDA COUNTY OF COLLIER or affirmed) and subscribed before me this J*'., ",L 2017 by Steven Lopez-silvero (Signature Public) (Print/Type/Stamp Commissi XEBBYADAMS MY COMII,ISSION # FF 13U21 EXPIRES: iuty 8, 2018 Eoded Tirru Budgel Nohry Servicer Personally known r/ oned Name of Notary public) ** 6.A.4.a Packet Pg. 121 Attachment: CESD20160015133 Castro IOF (4840 : CESD20160015133 Castro Imposition of Fines) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4838) DOC ID: 4838 Updated: 2/12/2018 12:34 PM by Danny Blanco Page 1 CEROW20150023030 Browne and Perez Imposition of Fines CASE NO: CEROW20150023030 OWNER: Patrick J. Browne and Beatriz Z. Perez OFFICER: 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). A culvert/drainage pipe in need of repair or replacement. FOLIO NO: 00164960002 VIOLATION 203 Willoughby Dr., Naples ADDRESS: 6.A.5 Packet Pg. 122 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CEROW2OT5OO23O3O Hearing Datel 02122/2018 Board of County Commissioners vs. Patrick J. Browne and Beatriz Z. Perez Violation(s): Collier County Code ofLaws 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 34110 Folio: 00164960002 Description: A culvert/drainage pipe in need ofrepair 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 P AGE 2542, for more information. The violation has not been abated as ofFebruary 22,2018. 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 February 22,2018. (517 days) for a total fine amount of$77,550.00 Fines continue to accrue Previously assessed operational costs of $65.01 have been paid. Operational Costs for today's hearing: $59.35 Total Amount: $77.609.35 6.A.5.a Packet Pg. 123 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) VS. CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNW COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEROW201 50023030 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 Coltier 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: 0212212018 TIME:09:00 AIt/l PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411; VIOLATION: ROW 110-31(a) LOCATION OF VIOLATION:203 Willoughby DR, Naptes SERVED: PATRTCK J BROWNE AND BEATRTZZ PEREZ, Responden Patrick Baldwin, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGTN 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 bythe Secretary to the Code Enforcement Board at least flve (5) business days prior to the date set for the hearing. lT lS 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 WTH A DISABILITY ffiO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO IHPROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES I\iIANAGEMENT DEPARTMENT LOCATED AT 330,I EAST TAITilIAI/! NIIL. NAPLES FLORID 34,112 (239\774.8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNry COMIUISSIONERS'OFFICI entendimiento @n las mmunimciones de este evento, Por favor traiga su propio traductor. Avetisman - Tout odisyon yo ldt an angld. Nou pan gin moun pou fO tradiksyon. Si ou pa pal6 angl6 tanpri vini avAk yon intgpret pou pal6 pou-ou. 6.A.5.a Packet Pg. 124 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) rNsrR 5272268 oR 5278 pc 2542 RECoRDED 6/L/2O DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COL REc $27.00 l-6 11:45 eM PAGES 3 LIER COUNTY FLORTDA vs. COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CEROW20150023030 Petitioner, PATRICK J. BROWIIIE and BEATRIZZ PEREZ, Respondents. THIS CAUSE came on for Board on May 26,20I6, and the Code Enforcement Board, having heard argument respective to all appropriate matters, hereupon Board, as follows: l Respondents, PATRICK the subject property. 2. Respondents were notified and the Code Enforcement Board has jurisdiction of this 3. At the hearing, ttre Respondents attached hereto as Exhibit "A". The Stipulation is adopted as an Order comply, and the Respondent is ordered to 4. The real property located at 203 Willoughby Drive., Naples, FL, Folio # 164960002 (Legal Description:24 48 25 BEG SWCNRLOT 92 OF WILLOUGHBY ACRES, S I I5 FTTO POB, E I7O FT, S I I5 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 I10, Roads and Bridges, Article II, Construction in Right of Way, Division l, Generally, Section I l0-3 1(a) in the following parriculars: A culverUdrainage pipe in need ofrepair or replacement. 5. The violation has not been abated as ofthe date ofthe public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority ganted in Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby ORDERED: A. Respondent is found guilfy 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 I l0-3 l(a). B. Respondent must abate the violation by applying for and obtaining all 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. the Code i ofhearing by BOARD OF COUNTY COMMISSIONERS CoLLIER COUNTY, FLORIDA, 6.A.5.a Packet Pg. 125 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) oR 5278 PG 2543 C. If Respondent fails to_comply with this Order, the Collier County Code Enforcement Department may abate the violation using an1 y9th9d to bring the-violation into iompliance. If necessary, the County mayrequest the services ofthe Collier County SherifPs Office for the purpose of accessing ih" prop.rty'fo. abatement. All costs ofabatement shall be assessed against the piop.ttv. D. Respondent is ordered to pay operational costs for the prosecution ofthis case in t}le amount of$65.01 onor before June 25,2016. E. Respondent shall noti& the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may be performed to conflrm compliance. DONE AND ORDERED this ;-Jntav or i\n r-t1 .2016 at colier county, Ftorida. STATEOFFLORIDA ) )SS: couNTY oF COLLTER) The foregoing instrument was 2016, by Robert Kaufrnan, Chair/ personally known to me State of Florida County of COLLIER BOARD as who is t PAYMENT OF FINES: Any fines be paid at the Collier County Code Enforcement Department, 2800 North 104, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien or or confirmation of the satisfaction of the obligations of this Order may also be obtained at this APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within ttrirty (30) days of the execution ofthe 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 wiil not automaticall-y'rtuy thr Board's Order. CERTIFICATE OF SERVICE NERRYADAMS MY C0MMISSI0N I FF 139721 EXPIRES; July 8, 201s BondodThru Bud6t Nohry Senic€s I HERTBY CERTIFY that a true and correct copy of this ORDEB has been sent by u. and Beatriz Perez,203 Willoughby Drive, Naples, fi-l+t l0 thi€4f,tay of fia(..;l , S, Mail to Patick Browne 20t6. Code Official is a true and of Collier CountY a My pursuant to OF COURTS 6.A.5.a Packet Pg. 126 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) "** oR 5278 PG 2544 "** 4z ras t-, 5BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS Case No, CEROW201 50023030 Patrick J Browne and Beatriz Z perez Respondent(s), ln consideration of the disposition and resolution of th6 matters outlined in said Notice(s) of Violation for whicha hearing is currently scheduled tor May 26h, 2016 ; to promote efficiency in the administration of the codeenforcement process;and to obtain a quick resolution of the matters outlined therein theparties hereto agree as follows:1) The violations noted in the referen and I stipulate to their existence THEREFORE, it is agreed between STIPULATION/AGREEMENT COMES.No'vlr, the undersigned,^Rha.ct<. Rrt,rs nc- , on behalf of himself or as representative forRespondent and enters into this Stipulation and Agreement with Collier County as to tre iesorition of Noticesof violation in reference (case) number cERow2olso023o30 Jated the sro oay of oecemb",i ,itL. 1) Pay operational costs in th days of lhis hearing. 2) Abate all violations by: Obtaining att required Coll cution of this case within 30 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (24 ho!6 ndic. 3l5ll be bv phone o, la: .nd made .,uhg lh. mrlwlk tf th6 viotathn i. ,m.o zt t oro pno, r , satuday, sundsy or tegat hoflday, tnen $o no{lticalion rust bo made @ Ue nen day thar ls nol . Satuday, grn&y or l.!at holt&t.) inspections through final approval, and/or remove all offending m any activity not permifted with a valid Collier County Right-Of-Wa y perm earing or a fine of $ 150 per day will be imposed until the violation is abated. 4) That if the Respondent fails to abate the violation the Count y may abate the violation using any method nty Sheriffs Officeto bring the violation into compliance and ma y use the assistance of the Collier Cou to enforce the provisions of this agreement and all costs of abatement s be ass d to the property owner Respondent or resentative (sign)mta isor for rio, Director ode Enforcement DivisiontZ /,6ao w{ Res pondent or Representative (print) S Vio the Right Right-Of- Date -/-t/, r Date REV 1-'t4-16 S\zt. \ >oru 6.A.5.a Packet Pg. 127 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENF'ORCEMENT BOARD cEB CASE NO. C8ROW20150023030 COLLIER COLTNTY BOARD OF COLINTY COMMISSIONERS, Petitioner vs. BROWNE, PATRICK J BEATzuZ ZPEREZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COL|NTY 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: 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 PG2542_. 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 PRROW20I 60520232 has not been finalized. FURTHER AFFIANT SAYETH NOT DATED this 29th day of September, 2016_ COLLIER COLINTY, FLORIDA CODE ENFORCEMENT BOARD Baldwin Code Enforcement Official STATE OF FLOzuDA COLINTY OF COLLIER Swom to or affirmed) and before me this 29th day of September ,2016_by Patrick Baldwin d, (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary public) Personally known { .ffi NEILC,DAY MY COMM|SSION f FF 04847 EXPIRES: Argust 26, 2017 BondedThru Budget Notary Services 6.A.5.a Packet Pg. 128 Attachment: CEROW20150023030 Browne and Perez IOF (4838 : CEROW20150023030 Browne and Perez Imposition of Fines) Code Enforcement Meeting: 02/22/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 4839) DOC ID: 4839 Updated: 2/12/2018 12:41 PM by Danny Blanco Page 1 CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines CASE NO: CESD20160019904 OWNER: Nilkanth Hospitality Inc OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). The installation of new staircase and impact windows to the main structure without first obtaining Collier County Building Permit. FOLIO NO: 75210040005 VIOLATION 721 N 15th St., Immokalee ADDRESS: 6.A.6 Packet Pg. 129 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARJNG CEB CASE NO. CESD2OT600l9904 Hearing Date: 02/22/2018 Board of County Commissioners vs. Nilkanth Hospitality Inc Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(8)(1)(a). Location: 721 N 15TH ST, IMMOKALEE,FL34I42 Folio:75210040005 Description: The installation of new staircase and impact windows to the main struchre without first obtaining Collier County Building Permit. Past Order(s):On April 28, 2017, 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 5390 P LGE 3729, for more information. The violation has been abated as ofJanuary 5,2018. FINES AND COSTS TO D ATE ARE AS FOLLOWS: Fines have accrued at a rate of $100.00 per day for the period from August 27, 2017 to January 5,2018. ( 132 days) for a total fine amount of$13,200.00 Previously assessed operational costs of $63.75 have been paid. Operational Costs for today's hearing: $59.35 Total Amount: $13.259.35 6.A.6.a Packet Pg. 130 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20160019904 VS NILKANTH HOSPITALITY 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:0212212018 TIME:09:00 At\I PLACE:3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION:Building Permit LDC 1 0.02.06(BX1)(a) LOCATION OF VIOLATION:721 N 1sth ST, lmmokalee SERVED:NILKANTH HOSPITALITY lNC, Respondenl Tony Asaro, lssuing 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 WTH A DISABILITY WTIO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARruerur Ioclieo er ggoT eesr rai,aIAMI TRAIL, NAPLES FLoRID34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICI entendimiento con las mmunicaciones de este evento. Porfavor traiga su propio traductor. Avdtisman - Tout odisyon yo lgt an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon intdpret pou pal6 pou-ou. 6.A.6.a Packet Pg. 131 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines) rNSTR 5401-123 oR 5390 pc 3729 RECoRDED 5/ DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, REC $27.00 qoLLIER COUNTY COpE ENTORCEMENT copE ENFORgEMENT BOARr) Cose No. - CESD20160019904 BOARD OF COTJNTY COMMISSIONERS COLLIER COUNTY, FLORII'A, Petitioner, vs. NILKANTTI HOSPITALITY INC., Respondeut. TTiIS CAUSE came on for 1. Respondent, 2. Respondent was notified Board has jurisdiction of 3. At the hearing, the Stipulation is adopted as an comply.' Board on April 28, 2017, and the and heard argument respective to all Board, as follows: property. and the Code Enforcement hereto as Exhibit "A". The and the Respondent is ordered to 5/2OL7 8:45 AM PAGES 3 COLLIER COUNTY FLORIDA 4. I}::.:trrr:ry_localedat72lN.lsest.,knmokalee,FL34142,Folio#752to04ooo5(trgalDescription:SIJNI'ry ACRES BLK I UNRECD LOT 1 Ell} OF BLK I OR 1079 PG 580) is in uiotition of CotlierCounty Land Development Code 04-41, as amended, Section 10.02,06(BXl)(a) in the following particulars: The installation of new staircase and impact windows to the main structure without lirst obtaining Collier County Building permit. 5. The vioiation has uot been abated as ofthe date ofthe public hearing. ORDER Based upon the foregoing Findings ofFact and Conclusions oflaw, and pursuant to the authority granted inChapter 162, Florida Statutes, and Collier-County ordinance No.2007-aa, asamended, it is hereby oRDERED: A' Respondent is found-guilty of violating of Collier County Land Development Code 044;,as amended,Section 10.02.06@)(1)(a). .,'B' Respondeat must abate all violations by obtaining all required collier county Buildine permit(s) orDemolition Permit(s), inspections and certificate-of comiletion/o"*p*;y bi;;;;;t'26, iiiiil. " n". ,r$100.00 per day will be imposed until the violation is abated. before the Code oath, received ofthe ofhearing by L 6.A.6.a Packet Pg. 132 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines) oR 5390 PG 3730 : 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 ofabatement shall be assessed agaiast the property. D. Respondentisorderedtopayoperationalcostsfortheprosecutionofthiscaseintheamountof$63.75on or before May 28,2017. E. Respondent shall notifr the Code Enforcement Investigator ofthis case within 24 hours ofabatement or compliance so that a final inspection may be performed to confirm compliance. n DONE AND ORDERED this €L day of May, 2017 atCollier County, tr'lorida. STATEOFFLORIDA ) The foregoing instrument was the Code Enforcement Board of produced a Florida Driver's PAYMENT OF FINES: Any fines BOARD 17, by Robert Kaufrnan, Chair of known to me or who has may be paid at the Collier Couuty Code 34104, Phone: (239) 252-2440, Websiter or confirmation of the satisfaction of the Enforcement Department, www.colliergov.4et. Any 2800 North release of lien or confirmation of compliance obligations of this Order may also be obtained at this location. APPEAL: Any dggrieved party may appeal a final order of the Board to the Circuit Court within thirry (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited !o appellate review ofthe record created within the original hearing. It is the responsibility ofthe appealing party to obtain a nanscribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automaticafyrtay the Board's Order. CERTMCATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of HOSPITALITY,INC at 721 N ljt ST Immokalee, FL 341 Daytona Beach, FL 321 18 this cA-day ofMay, ZAfi . this ORDER has been sent by U. S. Mail to MLKANTH 42 andto Pragnesh S. Patel at l00l North Atlantic Ave., COLLIER . )SS: couNTY oF coLLrER) 6.A.6.a Packet Pg. 133 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines) *** oR 5390 PG 3731 *** )t z- BOARD OF COUNry COMMISSIONERS Collier County, Florida Petitioner, vs. Nilkanth Hospitatity Inc. Respondent(s), STIPULATION/AG REEMENT?rqc l^on+krarrcf Pat elCOMES NOW, the undersigned,, on behalf of himself or as representative for Respondent andenters into this Stipulation and Agreement with Collier "/l reference (case) number CES D20160019904 dated the January 26, 2O{6. ?oln cons ideration of the disposition and resolution of the matters ouflined i n said Noticefa heari ng is curently scheduled for ;to lo the resolution of Notices of Violation in t1 T^ s) of Violation for which in the administration of the code enforcement matters outlined therein the parties hereto and I stipulate to their existence. n of this case within 30 Permit(s) or Demolition County as 26h day of process; and to obtain a quick and agree as follows:1) The violations noted in the refere THEREFORE, it is agreed between 1) Pay operational costs in days of this hearing. 2) Abate all violations by: Permit, inspections, and a fine of $100 per day will be imp 3) Respondent must notify Code in\ oays of this hearing or Qo 7m nolilicaiio musr bs mado 6n thB nad dsy lhat is not a Ssrurday, Suday or tegat hotiday.) 4) That if the Respondent fajls to abate the violation the Cou nty may abate the violation usrng any rhethodto bring the violation into com plia nce and may use the assistance of the Collier Cou nty Sheriffs Officeto enforce the provisions of this agreement and all costs of abatement shall be a ssessed to the propertyowner. Responde nt ol Representative (sign)For Mich , Director otb,t{. Code rcement Department Pa/e owner q -28- tl the lnvestigator perform (24 hour3 nc,tlce shal b€ by phons o fer nspection to confirm com pliana site i dr ng lhc workweel ti the vlotalion i6 of abatement of the violation and request ce. houll p(ior ro a SaturGy, Sunday or tegal ho[d.y, iien |ne I Respondent or Representative (print) ce of Violation all required Completion/ viol Date REV 1t2t13 Case No.CESD2O16001 9904 i I 4-zz- t'l . - 6.A.6.a Packet Pg. 134 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD2OI6OOI99O4 COLLIER COUNTY BOARD OF COLINTY COMMISSIONERS, petitioner vs. NILKANTH HOSPITALITY INC, Detbndant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COTINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully swom, deposes and says: l. That on April 28, 2017, the Code Enforcement Board held a hearing and issued a1 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 counfr, Florida in oR Book 5390 pG 3729, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [January 5, 2018]. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [Obtaining all required Collier County Building Permit(s) or Demolition permit(s), inspections and certificate of completion.occupancy]. FURTHER AFFIANT SAYETH NOT. DATED this [J] I day of iJq N l,20-5 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARDo-l* Tony Asaro Code Enforcement Official STATE OF FLORIDA COLINTY OF COLLIER and \ (PrinVType/Stamp Commissioned Nane of Notary public) before me tt i, ld day of ["Lrt,ag ,zol8by Tony Asaro Oanny Elanco Commishn#FF9fi54t Expires: Aprll 21, 2020 Bonded mru Aaron Nolan, Personally known J 6.A.6.a Packet Pg. 135 Attachment: CESD20160019904 Nilkanth Hospitality Inc IOF (4839 : CESD20160019904 Nilkanth Hospitality Inc Imposition of Fines)