CEB Agenda 03/22/2018
Code Enforcement Board Hearing
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 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
Ryan White, 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 proc eedings 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: CESD20160020044
OWNER: Teresa Scoppettone
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior renovations and alterations
done to interior including but not limited to, kitchen
countertops, cabinets, sink, also bathroom cabinets, countertops,
toilets, tile work. Work done includes electrical, plumbing,
structural, etc.
FOLIO NO: 46770280004
VIOLATION 1714 Kings Lake Blvd, Unit 201, Naples
ADDRESS:
2. CASE NO: CEROW20170017301
OWNER: Watergold LLC
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110
Roads and Bridges, Article II Construction in Public Rights of
Way, Division II Collier County Swale and Culvert Conversion-
Naples Park Section, 110-46, Responsibilities assumed by
permittee. A failed culvert/drainage swale resulting in a
damaged driveway and an obstructed storm water system.
FOLIO NO: 62833080002
VIOLATION 536 99th Ave., Naples
ADDRESS:
3. CASE NO: CESD20170010029
OWNER: Ramiro Teran and Gerenarda Teran
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Buildings in
rear of the structure and no Collier County building permit
obtained. Permit 2007051003 for a re-roof did not receive a
Certificate of Completion.
FOLIO NO: 38341560006
VIOLATION 5671 Lancewood Way, Naples
ADDRESS:
4. CASE NO: CESD20150001965
OWNER: Fabricio Fernandez and Allison J. Fernandez
OFFICER: Boris Molina
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Addition
added to the existing structure without first obtaining the proper
Collier County Building Permits.
FOLIO NO: 36457240005
VIOLATION 5472 32nd Ave SW, Naples
ADDRESS:
5. CASE NO: CESD20170013903
OWNER: Nian Corporation
OFFICER: Delicia Pulse
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 to
structure and no Collier County Building permit obtained.
Permit Number 2006020253 for shed demo did not received a
Certificate of Completion. Permit Number PRBD20170206151
for re-roof did not receive a Certificate of Completion.
FOLIO NO: 36383840003
VIOLATION 5400 26th PL SW, Naples
ADDRESS:
6. CASE NO: CESD20170012033
OWNER: Monica Gomez Arciniegas and Raul A. Gomez Olaya
OFFICER: Boris Molina
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.4.04(A), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i).
Unpermitted water and electric alterations made to enclosed
garage. Enclosed garage was originally permitted with No. 94-
4526, specified no utilities.
FOLIO NO: 65671280003
VIOLATION 698 Pine Vale Dr., Naples
ADDRESS:
7. CASE NO: CES20170015783
OWNER: DBM Marina LLC
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 5.06.11(A)(1). Unpermitted Canopy Sign.
FOLIO NO: 48173280007
VIOLATION 3470 Bayshore Dr., Naples
ADDRESS:
8. CASE NO: CESD20170013902
OWNER: Jorge G. Moral-Quintiana
OFFICER: Delicia Pulse
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). Pool
permit 83-4450 did not received a Certificate of Completion.
Constructed structure in rear and did not obtain a Collier County
Building Permit.
FOLIO NO: 36322120001
VIOLATION 2743 54th ST SW, Naples
ADDRESS:
D. MOTION FOR REDUCTION OF FINES/LIENS
VI. OLD BUSINESS
A. MOTION FOR IMPOSITION OF FINES/LIENS
1. CASE NO: CESD20160002752
OWNER: James Gadsden and Scottie L. Gadsden GRDN
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior remodeling including, but
not limited to new drywall, new framing, electrical, plumbing,
flooring and installation of a central air conditioning system, all
of which were observed on improved unoccupied commercial
property.
FOLIO NO: 24370240000
VIOLATION 317 S 1st St., Immokalee
ADDRESS:
2. CASE NO: CEPM20170007397
OWNER: Laker Investment MGMT Inc
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22
Buildings and Building Regulations, Article VI, Property
Maintenance Code, Section 22-228(1). Loose sewer caps not
seated correctly and in need of repair or replacement. Both are a
safety and health hazard.
FOLIO NO: 35980440001
VIOLATION 4500 Golden Gate Pkwy, Naples
ADDRESS:
3. CASE NO: CESD20150017447
OWNER: Daniel Herrera
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior improvements on a wooden
structure consisting of electric, drywall, insulation, framing,
trusses, plumbing, all constructed without first obtaining the
authorization of the required permits, inspections and
certificates of occupancy as required by the Collier County
Building Department.
FOLIO NO: 30733560007
VIOLATION 1316 Orange St., Immokalee
ADDRESS:
4. CASE NO: CESD20160007274
OWNER: Real EST Holdings of Tienda Mexicana Inc
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Unpermitted exterior alterations
being conducted to a structure on occupied commercial
property.
FOLIO NO: 00131360004
VIOLATION 217 N 15th St., Immokalee
ADDRESS:
5. CASE NO: CESD20170008234
OWNER: 11222 Tamiami LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.03(B)(5). Dumpster placed
on a different location on the property and without a wooden
enclosure which is required according to the Site Development
Plan No. 91-83.
FOLIO NO: 60783240004
VIOLATION 11222 Tamiami Trail East, Naples
ADDRESS:
B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER
C. MOTION TO AMEND PREVIOUSLY ISSUED ORDER
VII. NEW BUSINESS
7.1. Rules and Regulations Review
7.2. Board Chairman and Vice-Chairman Elections
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 - FRIDAY APRIL 27, 2018 AT 9:00 A.M.
XII. ADJOURN
Code Enforcement Meeting: 03/22/18 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 # 5075) DOC ID: 5075
Updated: 3/9/2018 1:25 PM by Danny Blanco Page 1
CESD20160020044 Scoppettone
CASE NO: CESD20160020044
OWNER: Teresa Scoppettone
OFFICER: Virginie Giguere
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior renovations and alterations
done to interior including but not limited to, kitchen
countertops, cabinets, sink, also bathroom cabinets, countertops,
toilets, tile work. Work done includes electrical, plumbing,
structural, etc.
FOLIO NO: 46770280004
VIOLATION 1714 Kings Lake Blvd, Unit 201, Naples
ADDRESS:
5.C.1
Packet Pg. 7
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20160020044
VS
TERESA SCOPPETTONE, 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:03t22t2018
TIME:09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411i
VIOLATION: Building Permit LDC 10.02.06(B)(1)(a)
LOCATION OF VIOLATION:1714 Kings Lake BLVD, Unit 201, Naptes
SERVED: TERESA SCOPPETTONE, Respondent
Virginie Giguere, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG 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 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telephone
IF YOU ARE A PERSON WTH A DISABILITY \A/}IO NEEOS 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 DEPANTUENT IOCEiEO Er gSOI EAST rAMrEr,ilr INAIi. TEPIiS TIONIO34112 (2391774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING II\iIPAIRED ARE AVAILABLE IN THE couNry coMMISSIoNERS'oFFIcI
entendimiento con las comunicaciones de este evento. porfavortraiga su propio traductor.
Avgtisman - Tout odisyon yo fdt an anglg. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angl6 tenpri vini av6k yon inteprdt pou pal6 pou{u.
5.C.1.a
Packet Pg. 8 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
VS DEPT CASE NO. CESD2OI6OO2OO44
Teresa Scoppettone, 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, 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:
I . Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)( 1)(a)
2. Description of Violation: interior renovations/alterations done to interior including but not limited
to; kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets, tile work. Work
done includes electrical, plumbing, structural, etc.
3. Location/address where violation exists: 1714 Kings Lake Blvd unit 201 Naples, FL34112
Folio number: 4677 0280004
4 Name and address of owner/person in charge of violation location: Teresa Scoppettone 5158 NW
53'd Circle Coral Springs, FL 33067
5. Date violation first observed: December 6,2016
6. Date owner/person in charge given Notice of Violation: December 15,2016
7. Date on/by which violation to be corrected: January 5,2017
8. Date of re-inspection: Pebruary 22,2018
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 ha led as aforesaid; and that the
violation should be referred to the collier county code Enforcement Board for a
Dated this 22d day of February, 2018
Virginie Giguere
Code Enforcement In
STATE OF FLORIDA
COUNTY OF COLLIER
Swornto(oraffirmed)andsubscribedbefore this22ndayot--Egb$Ary,2018 by V;r9, n,3 G;g JLf ?
')1f{w*ffi',
(PrinVType/Stamp Commissioned
Name of Notary Public)
(Signqture of Noiary iuUti4
Personally known
-{or
produced identification
JOSEPHMT,ICHA
MYCOMMISSIONf FFWS
EXPIBES:April20, CI19
Bonded nru BudgetNobry S€fliEt
REV 1-2-15
Type of identification produced .ffi
5.C.1.a
Packet Pg. 9 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
case Number: CESD20l60020M4
Date: December 06, 2016
lnvestigator: Virginie Giguere
Phonet 239-252-2325
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
owner: TERESA SCOPPETToNE
5158 N W 53RD CIRCLE
CORAL SPRINGS, FL 33067
Location: 1714 Kings Lake BLVD, Unit;201
Unincorporated Collier County
Zoning Dist: PUD Property Legal Descriptlon: GREENFIELD VILLAGE CONDOI\'IlNlUl\4 BLDG 2 #201
Folio: 46770280004
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 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 L4anager or his designee shall be responsible for determining wh€ther applacations for building or land alteration permits, as
required bi the Co]lier County Building code or this Code are in accord with the requirements ofthis Code, and no building or land
alteration permit shall be issued withoutwritten approval that plans submitted conform to applicable zoning regulations, and other iand
development regulations. For purposes of lhls 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 pennits, site development
plan approvals, agricuttural clearing permits, and blasting permits. No building or struciure shail be erected, moved, added to, altered,
utilized or allowed to exist and/or n; land alteration shall be permitted without first obtaining the authorization ofthe required permit(s),
inspecljons and cert iicate(s) of occupancy as required by the Collier County Building Code or this Code :
Violation Status - lnitial
DESCRTPTION OF CONDIIONS CONSTITUTING THE VIOLATION(S).
Did Witness: interior renovations/alterations done to interior including but not limited to; kitchen countertops,
cabinets, sink, also bathroom cabinets, countertops, toilets, tile work. Work done includes electrical, plumbing,
structural, etc.
ORDER TO CORRECT VIOLATION(gL
You are directed by this Notice to take the following correctlve action(s):
Must obtain any and atl Collier County Building permits through Cedificate of Compleiion/Occupancy And/or must obtain any and all
requ red demolition permits and return unit to original permitted state. For questions regarding permits please contact Renald Paul at
239-252-2443 .
ON OR BEFORE: January 5,2017
Failurg 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 Eoard revi that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs
of prosecution.
SERVED BY INOUIRIES AND COMI\IENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 F AX. 239 252-2343NVCStigator Signature
rgin je Giguere
Signature and Tltle of Recipient
C umbe. CESD201 044
Printed Name of Recipient
5.C.1.a
Packet Pg. 10 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
t
I Complete items 1, 2, and 3. .':
r Prinl your name and address on the reverse
so that we can retum the card to you.I Attach thls card to the back of the mailpiecb,
or on the front ff
9510 9q0I 01e5 5ee5 10e'{ i9
9 Article Numl.6r lrom service
701r{ LSeE EEIIU T+53q 0hE3
I PS Form 3811 , July 2015 pSN 75s0-02-000-90b3
differ€nt from ttem 1?Yos
delivery addrsss below: Et No
iiltti ii i':,+t,i,i(
Priortty Meil ExplB@
R€gieterod MailrM
fot
Rostrlcted Dolivery Delivay
Domestic Return
cEsDzo 160020044 NOVJF # 12
TERESA SCOPPETIONE
slssNws3RDcIRcFE
CoRALSPRINGS, rL 34067
ltIliilt ffit lllililtililt lliltI I1tlllilil ]t
3. ServiceType tr
tro
o
tr
D
R{lats€d Mell
Delfuery
Rotum Regipt
MmtEndi$
rlpzlnted Natne)
baz++^-,
C. Dato of Delivery
C:OMPLETE rrrls SECTTO,V ON DELtvERySENDER: COMPLETE IH,s sEL ,:. ?N
5.C.1.a
Packet Pg. 11 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
B
Collier County, Florida, Land Development Code 04-41 as amended,
Section 10.02.06(8)(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 permrts. The County
Manager or his designee shall be responsible for determtning
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 flrst obtaining the authorization
of the required permit(s), inspections and certificate(s) of occupancy
as required by the Collier County Building Code or this Code and no
building or land alteration permit application shall be approved by
the County Manager or his designee for the erection, moving,
addition to, or alteration of any building, structure, or land except in
conformity with the provisions of this Code unless he shall receive a
written order from the Board of Zoning Appeals in the form of an
administrative review of the interpretation, or variances as provided
by this Code, or unless he shall receive a written order from a court or
tribunal of competent jurisdiction.
5.C.1.a
Packet Pg. 12 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
INSTR 5299704 oR 5302 PG 2782 RECoRDED 8/LO/2O16 11:07 AM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORIDA
Doc@.70 $0.70 REc $18.50
T.hlt Docurtrt Preprrd By
KEI'IIT IJ. EAGEN, BSQ.EAGEN & EAGEDI P.A.3531 GRIFTIN RO]BD
FORT IAUDBRDA&E, rIJ 33312
Parwl lL tlqnbr: 4 6? 7 02 80 00rS
Quitclaim Deed
Tttc Quitclaim Dced, Made this 15th day of
A!frfBOlf:f fiA!{BOGITXA, A gfNeIJE !t}!I
of tle Coumy of $UFFOITK ,TERIgA SCOPPET?ONE, A MARX.TSD rrO}'E}I
0f tho Col[1y or BROIIIARD
Wibesseth ttil 6c GRANIOR, f6 ad in mridnto
ond orhc good and vduablc c@id@tiu lo
grutr4 bsgrired sld quitrlaimcd to thc said
lyiog qnd bcing ia d* C{Mty of
)coroou:rrmr urrr'iAccoRDrNc Bo rEE
RECqRDS BOOE 11
COITNIY, EIJORIDA,
, 2016 e.o.; Betweer,l1t1y
wkxe.d&siu 5L58 N. W. 53R.D CIRCITE, COR.ilIJ 8PRINGS, trf" 3506?
Strtc of Nes York
SUE or FLorida
, gfartor, orxt
, grantee,
DOLLARS,
&e reipt wt@f ir tr6y ackmwledgcd, ha
f@6, 60 followfug dsibcd lad, oitntc
to wil
, A COI{DOI{INfi'U,
IN OEFICTAIJ
oF cor.r.rER
, TOGETEERWITA TIIE COUUOII
SI'A''ECE TOC and easemente of,recordi zoniag
aubaequeots yeale.year 20L6 ard
To Eave and to Eold tha me logcdr wi0r ell atrd iilgular th€ apputmme ttmab beloogirg s i! snyqiro
lppqlsinirg' 6nd 0ll thc 6lstc, tiSh! titlo' irl,!Bt, li€r\ equt)/ ud ottiu wtasoryq of En[lor, dtb* itr law s €quity, fc
tho uic, b.nefit rnd pDfit of lttc s0id SBots fo@d.
In Witngss Whefeof, the gnntff has hmmo !d hlr hrrd csd ,€d dE d8y Iist abow
Signed, sealed end delivend ln our presence:
(5eal)
P.O.Addes:EAST ISIIP, NT T17'O
Na.ne:
Witness
STATE OT NEIf YoRK
COUNTY OF surFoll(
The foEgoitrg imtEn@! wa rcklowlcdgad MoG @ iri!
AI(IHON':r LAI{BOGIJA, A SINGLE ilAN
rL
:!IE*I23
wbo is pwodlylarem io me mwhol* pmdq4d A VAIJID DRMR T I
M.
NewYori Notaly
l/ly Cmirsioo lxpirc:
h Suflolk
E:xpkes July 31,
dry of iluly ' 20r.6 by
se
0L GREENTIELD
105',66-0
ilotary
IEMlro t i?lr sFl4 rE, ?ot6 (86!)ft1$$ tu necol J0g
- - -TEN
,
5.C.1.a
Packet Pg. 13 Attachment: CESD20160020044 Scoppettone (5075 : CESD20160020044 Scoppettone)
Code Enforcement Meeting: 03/22/18 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 # 5076) DOC ID: 5076
Updated: 3/9/2018 1:23 PM by Danny Blanco Page 1
CEROW20170017301 Watergold LLC
CASE NO: CEROW20170017301
OWNER: Watergold LLC
OFFICER: Arthur Ford
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110
Roads and Bridges, Article II Construction in Public Rights of
Way, Division II Collier County Swale and Culvert Conversion-
Naples Park Section, 110-46, Responsibilities assumed by
permittee. A failed culvert/drainage swale resulting in a
damaged driveway and an obstructed storm water system.
FOLIO NO: 62833080002
VIOLATION 536 99th Ave., Naples
ADDRESS:
5.C.2
Packet Pg. 14
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Gode Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS.
WATERGOLD LLC, Respondent(s)
Case: CEROW20 17 0017 301
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: 0312212018
TIME: 09:00 AM
PLACE:3299 Tamiami Trail East Building F, Naples, FL 3411i
VIOLATION:Naples Park - Enclosed Swale 110-46
LOCATION OF VIOLATION:536 99th AVE N, Naples, FL 34108
SERVED:WATERGOLD LLC, Respondenl
Arthur Ford, 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 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 Telep hone
IF YOU ARE A PERSON WTH A DISABILIry !\4IO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH
34112 (239)774A80O; ASSISTED LISTENING DEVICES FOR THE HEARING ll\4PAIRED ARE AVAILneLe tN iHe COUNTy COt\i!MtSStONEnS'OrprCr
entendimiento mn las @municaciones de este evento. por favoi traiga su propio traductor.
Avdtisman - Tout odisyon yo fat an angla. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon intdpret pou pal6 pou-ou.
5.C.2.a
Packet Pg. 15 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
vs.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COLINTY
BOARD OF COTINTY COMMISSIONERS, Petitioner
DEPT CASE NO. CEROWZOITOOIT3OI
Watergold LLC, 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, the
undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more
particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the
following reasons:
1 . Violation of Ordinance(s): Collier County Code of Laws and Ordinances Chapter I l0 Roads and
Bridges, Article II Construction in Public Rights of Way, Division II Collier County Swale/Culvert
Conversion-Naples Park Section 110-46, Responsibilities Assumed by Permittee.
2. Description of Violation: A failed culvert/drainage swale resulting in a damaged driveway and an
obstructed storm water system.
3. Locatior/address where violation exists: 536 99th Ave. Naples FL. 34108 folio 62833080002
4. Name and address of owner/person in charge of violation location: Austin Nguyen for Watergold
LLC 821I Edgebrook Dr. NW Calgary, AB Canada T3A 4K9
5. Date violation first observed: November 7lfr,2017
6. Date owner/person in charge given Notice of Violation: November 9th 2017
7 . Date on/by which violation to be corrected: December gth 2017
8. Date of re-inspection: December I lth 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
continues to exist; that attempts to secure compliance with the Collier Counfy Code have failed
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
above-described vio lation
as aforesaid; and that the
Dated this 20th day of February, 2018
Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before this_lQ!!_day of_EebruaDl, 2018 by Arrhur Ford
Personally
of Notary Public)
known y' or
(Print/Type/Stamp Commissioned
Name of Notary Public)
produced identifi cation
KERRYADAMS
MY CCM|\,|ISSION # FF 139721
EXPIRES: july 8, 2018
80nded Thru Budget Notary ServicesREV 1-2-15
Type of identifi cation produced
*o.tY.:1a,"..W.J
5.C.2.a
Packet Pg. 16 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
Case Number: CEROW20170017301
Date: November 08, 2017
lnvestigator: Arthur Ford
Phonei 2392522445
COLLIER COUNry CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: WATERGOLD LLC
821,1 EDGEBROOK DR NW
CALGARY, AB
CANADA, T3A 4K9
Registered Agent: AUSTIN NGUYEN ESQ.
Location: 536 99th AVE N NAPLES FL
Unincorporated Collier County
Zoning Dist: RIVIF-6
Property Legal Description: NAPLES PARK UNIT 6 BLK 36 LOT 34 OR 797 PG 539
Folio: 62833080002
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and
Ordinances, Chapter 2, Article lX, you are notlfied that a violation(s) of the following Collier County Ordinance(s)
and or PUD Regulation(s) exists at the above-described location.
Ordinance/Code: Collier County Code of Laws and Ordinances Chapter 110 Roads and Bridges, Article ll Construction
in Public Rights-of-Way, Division ll Collier County Swale/Culvert Conversion - Naples Park, Section 110-46
Responsibilities Assumed by Permittee.
Permittee wiil utilize the services of a contractor properly licensed to perform this type of work in Collier County. the permittee is
responsible for payment of all construction forthe swale enclosure. Permittee will alsopayforall costs required to replace missing,
damaged or deteriorated piping and related materials in the future. lf the county is required to replace missing, damaged or deteriorated
piping because of health, safety and welfare considerations, the permittee or his/her successor will pay the county all costs incurred by
the county after written notice of the costs is provided by county to the permittee.:
Violation Status - lnitial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S).
Did Witness: A failed culverudrainange swale resulting in a damaged driveway and an obstructed stormwater
system.
ORDER TO CORR T VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
L lvlust obtain required Right of Way permits and replace, repair, and maintain enclosed culvert pipe/stormwater
drainage system using approved material in accordance with Chapter '1 10, Division ll of the Collier County Code of Laws
and Ordinances.
ON OR BEFORE: 1219/17
Failure to correct violations may result in:
'1) l/andatory notice to appear or issuance of a citation that may result in fines up to $5OO and costs of
prosecution. OR
2) Code Enforcement Board review that may result in flnes up to 91000 per day per violation, as long as the violation
remains, and costs of prosecution.
SERVED INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naptes, FL 34104
Phone. 239 252-2440 FAX: 239 252-2343t9nure
r Ford
nvesti
Case Number: CEROW2o1700t 7301
5.C.2.a
Packet Pg. 17 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
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 tederal
regulations, including, but not limitod to: right-of-way permit, building permit, demolition of struclure, Site Development Plan, lnsubstantial
Change to Site Development Plan, and Variances along with, payment oI impact fees, and any new or outstanding tees required for approval.
5.C.2.a
Packet Pg. 18 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
AFFIDAVIT OF POSTING
Code Case Number; CEROW20170017301
Respondent(s):
WATERGOLD LLC
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Ch e ck th e a ppl ica bl e doc ume nt( s)]
XNotice of Violation
_Notice of Hearing
_Notice of Hearing/lmposition of Fines
_Citation
_Notice to Appear
_Code Enforcement Board Evidence Packet
Other:
I Arlhur Ford, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s)fortheaboverespondent(s)at53699thAVEN,on 1118117,at '10:00AM,andatthe x CollierCounty
Courthouse lmmokalee
ord
STATE OF FLORIDA
COUNTY OF COLLIER
f,:"5ffii'J""l', "tr&Pitr$8ts'*: zofrov
Arthur Ford (Name of person making statement)
fGG
Expiros Augusl 26, 2021
Bmded Ihtu lrlJ0ol Noh,y Scfrl*!
(Print, type or stamp Commissioned Name of
Notary PubIc)
SPersonally known
_Produced identifi cation
Type of identification produced
5.C.2.a
Packet Pg. 19 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
AFFIDAVIT OF MAILING
Code Case Number: CEROW20170017301
Respondent(s):
Mailed NOV registered international RA 379 141 694 US & reg
CEROW20'170017301 NOV AF #56
WATERGOLD LLC
8211 EDGEBROOK DR NW
CALGARY, AB
CANADA T3A4K9
THE DESCRIPTION OF THE DOCUMENT(S) SERVED
ICheck the applicable document(s)J
X Notice of Violation
_Notice of Hearing
_Notice of Hearing/lmposition of Fines
_Citalion
_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, has been sent First Class U.S. Mail to the above respondent al 8211 EDGEBROOK DR NW, CALGARY, AB
CANADA, T3A 4K9, on _1118117_(Dale), at _1:42pm_ (Time).
NeilDay
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this _Bth_ day of _November_. 2017 by
Neil Day (Name of person making statement)
nature Public)
t'
.t$t rre, Bt rlc f{EvES+d']z* u/ corls$on # co offilo,tffi.'#ffiffi*
(Print, type or stamp Commissioned N ame of
Notary Pubtic)
X Personally known
_Produced identifi cation
Type of identification produced
5.C.2.a
Packet Pg. 20 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
Collier County, FL Code of Ordinances Page 1 of 1
Sec. 110-46. - Responsibilities assumed by permittee.
Permittee will utilize the services of a contractor properly licensed to perform this type of
work in Collier County. The permittee is responsible for payment of all construction for the swale
enclosure. Permittee will also pay for all costs required to replace missing, damaged or
deteriorated piping and related materials in the future. lf the county is required to replace
missing, damage or deteriorated piping because of health, safety and welfare considerations, the
permittee or his/her successor will pay the county all costs incurred by the county after written
notice of the costs is provided by county to the permittee.
(Ord. No. 98-1, 5 6)
about:blank
U29t2018
5.C.2.a
Packet Pg. 21 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
INSTR 4966040 oR 5024 pc 3722 RECoRDED 4/a/21t4 4:31 pM PAGES zDWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT',
-COLLIER
COUNTY FLORIDADoc@.70 $0.70 REC $18. 50
Prepared b.v ard retum to:
Christine F. Wright, Esq,
Attorney.t Lsw
Wright Lrw Firm, p.A.
2735 Santa Bsrbara Blvd,, Suite 201
Cape Coral, FL 33914
239-512-9955
This Warranty Deed made rhis
Sp!c. Abovc This Linc ForR.cording
Warranty Deed
lrr day of Motch , 2OIl,between Wstergold CorporatioD, aCanadian corporation a/k/a an Alberta corporrtion, grantor,whose post oflicc address is 82ttEdgebrook Drive NlV, Cal gary, Alberre, Cansda T3A 4K9, and Wstergold, L.L.C., a Florida limiredliability company, whose post oflice address ok Drive NW, Calgary, Alberta, CrnadaT3A 4K9, Cranlee;
(w}cncylr oscd hcrcin rhc rcms
and assigns ofindividuals, and r}c
'8ran and lhc hcil', lc8.l rcprcs.ntarivcs,
Witrtesseth, that said gran AND NO./IOO DOLLARS
paid by said grantee, the
said grantee, and grdntee,s
in Collier County, Florida
Lot 8, Block J5,the Plat thereof,recorded in Plat Boo County, Florids.
Pa rcelldentific.tion Nu
Lot 34, Block 36, of UNm sccording to the pha thereo
($10.00) and orher good
receipt whereof is hereby
heirs and assigns forevcr.
to-wit:
lh
r.corded ir| Pkt B ook 3, Page 15, of s of Collier County, Florida.
f,
e
--t ParcelldentiticationNumb€r: 62833080002
Lot 43, Btock 75, of UNIT NO: 6 _Nlp],ES PARK, sccording ao the ptat rhereof,recorded in ptar Book 3, prge I5, of the pubfi" n""ora, of Coiii?iCornry, floria".
Parcel ldentificarion Numberi 62844040002
Lots 30 snd 31, ltock 39, of UJ{IJ Ng,-6 NAPLES PARK, according to the ptrtthe.eof, recorded in ptst Book 3, prge IS, "f tf," irUfi" i."i.a-, iitoffi"" Cornry,
ParcelldentificationNumber, 62g35240002
Subject to t.res for 20l4 a[d subsequent yesrs; covenrnts, conditions, restrictions,easem€nts, reservstions and limilalions of ;ecord, if any.
Gra]!tor warrants thst rt the time ofthis convey.nce, the subject property is flol aheCrrnlor'J homeslead wilhin fhe tneaning set forth in lhe constilutioD of the stste ofFlor.ida, nor is it contiguous ro. or-E part of no_".r""a
-fiJf"*rl
a.un,o.,.residencc and homestead address is: Canada.
sum
includc all $c
NO, 3 NAPLES P
644960007
5, ofthe Public R
5.C.2.a
Packet Pg. 22 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
R
*** oR 5024 PG 3723 ***
'\
[Notary Seal]
To Have and to Hold, rne same in fee simple forever.
And the gnntor hereby covenants rvith said grantee that the grantor is larvfully seized of said land in feesimple;
-that the grantor has good right and lawful authority tJsell and .onu.y ,uiA land; that th. gr;t;;hereby fully warranls the title to said tand and rvill defend tire rume uguir,rt ih.'fut"frf ctaims of all fi;;.;;lvhomsoever; and that said land is free ofall encumbrances, except taxes accruing subsequent to o..e.u.i3t,2013.
In. Witness Whereof, grantor has hereunto set granror's hand and seal the day and year first aboverwinen.
Together lvith all the tenements, hereditaments and appuilenances therelo belonging or in anywiseappertaining,
Signed, sealed and delivered in our presence:Watergold Corporation
Il:rrirlr:. S.i'
Witness
Country ofCanada
City of
The foregoing instrument rvas acknorvledged I
Glenda Nguyen, who I J is personally knorvn or
me this lo aay ot
[_] has produced a driver's license as identification.
2014 by
Public
Saadullah ,Ian
Printed Name: R::risler, Solicitn: & l{o Public
My Commission Expires \.\le a^ ?ir$
''i - .:,ii5i VVestwinds Dr. l{E');,igar'1, Alberta T3J 4L4(403) 216-1199
5.C.2.a
Packet Pg. 23 Attachment: CEROW20170017301 Watergold LLC (5076 : CEROW20170017301 Watergold LLC)
Code Enforcement Meeting: 03/22/18 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 # 5077) DOC ID: 5077
Updated: 3/9/2018 1:31 PM by Danny Blanco Page 1
CESD20170010029 Teran
CASE NO: CESD20170010029
OWNER: Ramiro Teran and Gerenarda Teran
OFFICER: Delicia Pulse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Buildings in
rear of the structure and no Collier County building permit
obtained. Permit 2007051003 for a re-roof did not receive a
Certificate of Completion.
FOLIO NO: 38341560006
VIOLATION 5671 Lancewood Way, Naples
ADDRESS:
5.C.3
Packet Pg. 24
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD201700{0029
VS
RAMIRO TERAN AND GERENARDA TERAN, Respondent(s)
NOTICE OF HEARING
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: 0312212018
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411i
VIOLATION: CO Required ATF Permits 10.02.06(BX1Xe) and 10.02.06(BX1Xa)
LOCATION OF VIOLATION:5671 Lancewood WAY, Naptes
SERVED: RAtvllRo rERAN AND GERENARDA TERAN, Respondent
Delicia Pulse, 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 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telep hone
IF YOU ARE A PERSON WTH A DISABILIry WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTIILED, AT NO COST TO YOU, TO THPRovlsloN oF cERTAIN ASslsrANcE, PLEASE coNTAcr rHE colLlER cour.rrv raiilrriEs llir.rebtuer.rr oepanruerur locetieo ai ssor EAsr reNatAMr rRArL, NA'LES FLoRtD34112 (239)774-8800; ASslsrED LlsrENlNG DEV|cEs FoR THE HEARING tupatneo enl evnrL,qeli iNJxr couNTy coMMtsstoNERS,oFFtcr
Avdtisman - Tout odisyon yo fet an anglc. Nou pan gin moun pou fe tradiksyon. si ou pa pal6 angle tanpri vini avek yon lntepret pou pal6 pou-ou.
5.C.3.a
Packet Pg. 25 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
COLLIER COLINTY
BOARD OF COUNTY COMMISSIONERS, PetitioneT
vs.
Ramiro & Gerenarda Teran, Respondent(s)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
DEPT CASE NO. CESD2O17OOIOO29
STATEMENT OF VIOLATION AND
PursuanttoSection162.o6and162.,,,o,onffinflordinanceNo.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): The Collier County Land Development Code 04-41, as amended,
Section 10.02.06(8)(l)(a) and Section 10.02.06 (B)(l)(e)
2. Description of Violation: Buildings in rear of the structure and no Collier County building permit
obtained. Permit 200705 1003 for a re-roof did not receive a Certificate of Completion.
3. Location/address where violation exists: 5671 Lancewood Way Naples, FL 34116 Folio:
3 834 I 560006
4. Name and address of owner/person in charge of violation location: Ramiro & Gerenarda Teran
5671 Lancewood Way Naples, FL34l16
5. Date violation first observed : July 7 , 2017
6. Date owner/person in charge given Notice of Violation: December 7,2017
7 . Date on,/by which violation to be corrected: January 4,2018
8. Date of re-inspection: February 27,2018
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 Counfy Code have failed as aforesaid; and that the
violation should be referred to the Collier Counfy Code Enforcement Board for a public hearing.
Dated this U\", o1$lu,qtzol_8
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn (or and subscribed before tntUlty ot$Alc1; zolSby Delicia pulse
ofNotary Public)(Print/Type/Stamp Commiss ioned
Name of Notary Public)
Personally known k/- or produced identification
KERRYADAMS
MycoMi.{tssloN# nfir,21
EXPIREST July B, 20tB
Esdod ftru 8$@r Nobry seoicesREV 1-2-15
Type of identifi cation produced
**
5.C.3.a
Packet Pg. 26 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
s
Case Number: CESD20170010029
Date: December 05,2017
lnvestigator: Delicia Pulse
Phorei 2392522481
Owner: TERAN, RAMIRO & GERENARDA
5671 LANCEWOOD WAY
NAPLES, FL 34116
Location: 5671 Lancewood WAY zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 33 W 75FT OF E
150FT OF TR 1'10 Folio: 38341560006
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, Inspections, Certiflcate of Occupancy Required)
Collier County Land Development Code 0441, as amended, Section 10.02.06(B)(1)(aXe) & (i)
The County l\,,lanager 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 :
lmprovement of property prohibited prior to issuance of building permit. No sjte 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...:
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 - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S).
Did Witness: Buildings in rear of the structure and no Collier County building permit obtained. Permit 2007051003
for a re-roof did not receive a Certificate of Completion.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the foltowing corrective action(s):1. l\4ust obtain ali 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 materials 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 Growth Management.
3. Must obtain all inspections and Certificate of Occupancy or Certlficate of Completion as required in the 2014 Florida
Building Code.
ON OR BEFORE: January 4,2018
Failure to correct violations may result in:
'1) Mandatory notice to appear or issuance of a citation that may result in fines up to $SOO and costs ofprosecution. OR
2) Code Enforcement Board review that may result in flnes up to $1000 per day per violation, as long as the violation
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
5.C.3.a
Packet Pg. 27 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
Delicia Pulse
Case Number: CESD20170010029
remains, and costs of prosecution.
SERVED
NVES t gnature
INQUIRIES AND Cotvll\ilENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL34104
Phone.239 252-2440 FAX: 239 252-2343
hr,zrz fudn
$iSnature lnd Title of Recipient
Printed Name of Rec rp ient
/a /.)2?
Date
*This violation may require additional compliance and approvalfrom other departments which may be required under local, state and federal
regulations, including, but not limited toi right-of-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantial
Change to Site Development Plan, and Variances along with, payment ot impacl rees, and any new or outstanding fees required for approval.
5.C.3.a
Packet Pg. 28 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
Collier County Land Development Code O4-4!, as amended,
Section 10.02.05(BX1)(a) and Section 10.02.06 (eXrXe)
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 :
lmprovement of property prohibited prior to issuance of building
permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be
commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land
development Code or other applicable county regulations...
5.C.3.a
Packet Pg. 29 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
IHII
lEt;El
o
q
I
trtb ha}ml 2r.traa It xa &ur l.i
cqrEH couilw lmE cof,Ar{Y
ZPI COUT{TY MAD 5I, S'TTE O
}uPtC& FtqO 3.ltc
I
8t tdr.
Prht(, gtidr(r
t,
Sndr.
F,trId
8Cr
g-!CD
M7 Cornlrlon Ergrrr: IatlrtffIT'Tilr
ril 2?903?7 ORr 2028 lG: 12m nr
E tr CIlCtI E d Cln il!, f,
lt/llrtxl rt il:Ull II! !. E, c[H ':i
lor! al! l't
cruarlt lllll omlar$intu 13 $llr
c*/:a 7rd/LAvrcfia m.)r urErDE---->
I ) 200t b, vtcron M. v urEno€ dto b
{€,$n lr'tl3rctba.rc.J.lo*l--
g,r.t.t
ARY SIGNATURE-
frroDrf 109.ll[ Pfld ltrtut!iltn (Fob, l{$tltl
$3arrt000t
Orf|r 88 rr:
lEllltl ljra Foit@D0.o
TltE yARR t{Ty DEED, il,h $.3d! ay o tlpr / ao. ,0ol b, vtcron rl. vALvEBoE. A stttGLE
t L hotr o.Id h. grrrtd, r'nor. po.t dlb. .drrrrr | 6C7t laTll AVt gW.. t{APLEgt FLORIDA taltC, lo
n fnQ TEillol nd OEFEIIAiDA lEnAll, HUB! llD A]lD W|FE rfiot porl ollbr rddnu a lCTt taTH
AYE 8.W., lUPLeS, FLORD tf'ltt, rotr o.rdth. Gruta:
(ftrtr uaaa hr.ln ii. trn. .tr.itor. ua .Crst... hlbaa aI rta ,arlLa lc Ul. halrtml 5a lha hola. Lld l.tl.tslllfu lla ul.aa al
haHa.lda, na tia IB-lqa Da oalC.a cl Bra.ab..,
W I T il E 8 3 E T H: Thdrh.gfltor,br.ilrhcomfrrbaolti.f,nollENAt{Oqvl@8Ot0.0) Oor,ri|d
dr.' rfnfi cfllkfrlbnr, iBaDt Sra.aot b ha.$f rknorhdild, h..tby gtrlrLi buFhr' ..tt, .LIr, tftiSaa, il.r-'
oiltrtt rrd oo,tttnt ulb tta grrLa.l lltd crlh ltd.be h CoL Co.nt , h ol Fbrb. vb
THE WECI ?C FEET OF TllE E Ef 180 FEEr OF TAACT ll0, OOlJrEtl OATE E8TATE9, UNIT
}IO. 3!, ACCOROI}IO TO THE PIAT THEREOF RECOROED III PLAT BOOK 7, PAOE 30, OF
TTIE PUEL'C RECORB OF
Subloot b .rm.ntt'
and 0rarrtLr.
fid b br.. lor 0l. ylr 2001
THE B A CORRECTIVE DEO tN O.n. BOOr 27Ga,
PAOE zTIt, OF THE FLORIOA TO CORBECT THE
LEOAL DESCRIPTION.
TOOETHEB' rur d tlr o, h anyraa aporfahh!.
TO XAYE llrlD YO llOfll, tnr
AllD, ur trlb, Itr-y coYrurtr ..b.d ol !.ld lnd h L .hrpbi lh.l U.
gnnao, hr. good otrl rtd lrt l lh. Utb to l.U bnd ftd ull ntrd
thr ur lefial Ur. Ldul obhr. ol rl
rro..qfit b Oor'D.r 31, 2000.
tta of al fldr.rtnic-, Ed if GCruIre
Itl WtIllESE WI{EFEOF, $. ..ld gr.ntor h.r tx.l rrd rrld tt!. p.t..in thr rhy ud yr rrt &ot. rEr.
gf.d, rxld 3rd d.r,ti h tr.ot
l,r.'
...lt|9t lo.t*,
conq rrb .n(',
y,ld
lltrl th.
i
.L , ltlll
oP Fbd,L
5.C.3.a
Packet Pg. 30 Attachment: CESD20170010029 Teran (5077 : CESD20170010029 Teran)
Code Enforcement Meeting: 03/22/18 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 # 5080) DOC ID: 5080
Updated: 3/12/2018 2:18 PM by Danny Blanco Page 1
CESD20150001965 Fernandez
CASE NO: CESD20150001965
OWNER: Fabricio Fernandez and Allison J. Fernandez
OFFICER: Boris Molina
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Addition
added to the existing structure without first obtaining the proper
Collier County Building Permits.
FOLIO NO: 36457240005
VIOLATION 5472 32nd Ave SW, Naples
ADDRESS:
5.C.4
Packet Pg. 31
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Gode Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintitf,
Case: CESD20150001965
VS.
FABRICIO FERNANDEZ AND ALLISON J FERNANDEZ, 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: 0312212018
TIME: 09:00 AM
PLACE: 3299 Tamiami Trait East Building F, Naptes, FL 3411i
vloLATloN: Building Permit LDc 10.02.06(8)(1)(a) and 10.02.06(BX1Xe).
LOCATION OF VIOLATION:5472 32nd AVE SW, Naptes
SERVED: FABRICIO FERNANDEZ AND ALLISON J FERNANDEZ, Respondent
Boris Molina, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG 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 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 !\NiO NEEDS ANY ACCOMMOOATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH
34112 (239)774-8800; ASSISTED LISTENING DEVIcES FoR THE HEARING lMperneo anl eVerlaali iNlHe couNry coMMrSStoNERS,oFFrcr
Avetisman - Tout odisyon yo fdt an angld. Nou pan gin moun pou fa tEdiksyon. si ou pa pal6 angla tanpri vini av6k yon intdpret pou pal6 pou-ou.
5.C.4.a
Packet Pg. 32 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
vs.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
DEPT CASE NO. CESD2OI5OOO1965
Fabricio Femandez & Allison J Fernandez, 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, the
undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more
particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the
following reasons:
1. Violation of Ordinance(s): Collier County Land Development Code 04-41 as amended, Section
I 0.02.06(BXlXe) & I 0.02.06(BXl Xa)
2 Description of Violation: Addition added to the existing structure without first obtaining the proper
Collier County Building Permits.
3. Location/address where violation exists: 5472 32nd Ave SW, Naples, Fl 341 l6
Folio: 36457240005
4. Name and address of owner/person in charge of violation location: Fabricio Femandez, 5472 32nd
Ave SW, Naples, Fl 34116
5. Date violation first observed: February 4th,2015
6. Date owner/person in charge given Notice of Violation: September I't,2015
7 . Date on,lby which violation to be corrected: October 1rt, 2015
8. Date of re-inspection: March 6,2018.
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 County Code Enforcement Board for a public hearing.
oatea tnislday of !(lvrtl2olj
STATE OF FLORIDA
COUNTY OF COLLIER
Code Enforcement Investigator
Sworn to (or affirmed) and subscribed before th fuI-llu.yofAArd2o (tby BDrr 5 $ztotfwa,:
(Signature of Public)(Print/Type/Stamp Commissioned
Name ofNotary Public)
Personally known l- or produced identification
Type of identification produced KEBRYADAMS
MY CoMMTSSt0N # FF 139721
EXPIRES; july 8, 2018
EondedThru Budget Notary ServicesREV 1-2-15
i
5.C.4.a
Packet Pg. 33 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
Case Number: CESD20150001965
Date: September 1, 2015
lnvestigator: Joseph Giannone
Phone:239 877-8106
COLLIER COUNTY COOE ENFORCEMENT
NOTICE OF VIOLATION
Owner: FABRICIO FERNANDEZ & ALLISON J FERNANDEZ
5472 32ND AVE SW
NAPLES, FL 341,16
Location: 5472 32nd AVE SW
Unincorporated Collier County
zoning Dist: RSF-3
Property Legal Description: GOLDEN GATE UNITT BLK267 LOT'1 OR'1596 PG 1438
Folio;36457240005
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 abovedescribed location.
Ordinance/Code: Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property
prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section
10.02.06(BX1)(e)
Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required) Collier County Land
Development Code 0441 , as amended, Section 10.02.06(BX1Xa)
lmprovement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land development Code or other applicable county regulations... :
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 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 Buildrng Code or this Code :
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VTOLATTON(S).
Did Witness: An addition added to the existing structure and a sdeck built without first obtaining the proper Collier
County Building Permits.
ORDER TO CORRECT VIOLATION(S}:
You are directed by this Notice to take the following corrective action(s):
lnitial lnspection
1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for
described structure/improvements. lvlust also request or cause inspeclion through and including certificate of
occupancy/completion. AND / OR Must requesucause required inspections to be performed and obtain a certifcate of
occupancy/completion.
ON OR BEFORE: '1011120'15
Failure to correct violations may result in:
5.C.4.a
Packet Pg. 34 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
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.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone:239 252-2440 FAX: 239 252-2343lnvestigator Signature
Joseph Giannone
Signature and Title of Recipient
Printed Name of Recipient
Date
*This violallon may require additional compliance and approval lrom other departments which may bo required under local, state and federal
regutations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantial
Change to Site Dovelopment Plan, and Variances atong with, payment of impact fees, and any new or outstanding fees required for approval.
SERVED BY:
5.C.4.a
Packet Pg. 35 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
AFFIDAVTT OF POSTING
Gode Case Number: cESD2ot5ooo1965
Respondent(s):
FERNANDEZ, FNENICIO ALLISON J FERNANDEZ
THE DESCRIPTION OF THE DOCUMENT(S) POSTED:
[Check the appticable document(s)]
X ruoti." of Violation
_Notice of Hearing
-Notice
of Hearing/lmposition of Fines
_Citation
_Notice to APPear
-Code
Enforcement Board Evidence Packet
_Other:
I Josqph Giannone, Code Enforcement Official, hereby swear and affirm that I have personally posted the above
described document(s) for the above respondent(s) at 5472 32nd AVE SW , on september 1st' 2015' at 9'1SAM' and at
the
-X-Collier
County Courthouse
-
lmmokalee Courthouse'
atrrre
Giannone
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subg5;ribe{,befo;e me
this /E da,1ol X?@hfui- '2015los6pffinnone (tlame ot pei#n making statement)
by
t-,,
KIMBERLYBRANDES
r tl4Y Cotll[lrssloNrFF0r8468
EXPIFES: September 17, 2017
Srnii : Tlrft gudpi N.rhn, S.nkes
(Print,
Notary
type or stamp Com
' Public)
Name of
[Personally known
_Produced identification
f
5.C.4.a
Packet Pg. 36 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
AFFIDAVIT OF MAILING
Respondent(s):
NOV malted Rigular/Certified# 7012 2920 0001 e4l8,l. 7134
Case# CESD20150001965 JG'92 NOV
FABRICIO FERNANDEZ & ALLISON J FERNANDEZ
547232NO AVE SW
NAPLES, FL 34116
THE DESCRIPTION OF THE DOCUMENT(S) SERVED:
[Check the applicable document(s)]
fttotice of Violation
_Notice of Hearing
_Notice of Hearing/lmposition of Fines
Citation
_Notice to Appear
_Code Enforcement Board Evidence Packet
Other:
Code Case Number: cEsD2ol5oool965
-;;1 trr)
fmr{rr
EEf
..8
r{EI
EI
EI
trt
rur
ru
ru
Ef
r\-
i
I
,d w,D
Return Receipt Feo
(Endorsement Hequiredi
Restdctod Delivery Fee
(Enddst@tr-Baf,uiredl
'.
i
I)
Case# CESD2O150001965 JG-92 NOV
FABRICIO FERNANDEZ & ALLISON J FERNANDEZ
547232ND AVE SW
NAPLES, FL 34116
I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice
referenced above, has been sent First Class U.S, Mailto the above respondent at 5472 32ND AVE SW NAPLES. FL
34116, on Seotember 1.2015, at_-LpIE.
t.)
Kimberly Brandes
STATE OF FLORIDA
COUNry OF COLLIER
Sworn lo (or affirmed) and subscribed before me
this lst day of gEotembar , 2015
person
*.*coMMrsslot'l a84n
EXPIflES:2017
8ei&dThfl Eudgrt Nolan'Sirvi*5
(Print,
Notary
type or r
Public)
Commissioned Name of
lPersonally known
_Produced identifi cstion
Type of identification produced
ItcFo.m
ffi RECEIPT
tt &o{lr*&raodI
T
l
I
I
5.C.4.a
Packet Pg. 37 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
10.02.06 - Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that particular permit,
as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or development requires state
or federal development orders or permits prior to use or development , such
development orders or permits must be secured from state or federal agencies prior to
commencement of any construction and/or development , including any changes in land
configuration and land preparation.
b. Development of regional impact. Where a proposed use or development is a
development of regional impact (DRl), it shall meet all of the requirements of F.S. ch. 380,
as amended, prior to the commencement of construction or development . Submission of
the application for development approval (ADA) for a DRI shall be slmultaneous with the
submission of any rezoning and/or conditional use application or other land use related
petition required by the LDC to allow for concurrent reviews and public hearings before
both the Planning Commission and the BCC of the ADA and rezone and/or conditional
use applications. The DRI and rezone and/or conditional use shall be approved prior to
the issuance of any required county development orders or permits and commencement
of construction or development .
2. No approval of the final subdivision plat , jmprovement plans or authorization to proceed with
construction activities in compliance with the same shall require Collier County to issue a
development order or building permit if (1) it can be shown that issuance of said
development order or building permit will result in a reduction in the level of service for any
public facility below the level of service established ln the Collier County Growth Management
Plan, or (2) if issuance of said development order or building permit is inconsistent with the
Growth lvlanagement Plan. Anything in this section to the contrary notwithstand ing, all
subdivision and development shall comply with the Collier County Adequate Public Facilities
Ordinance [Code ch. 106, art. llll and the Grolvth Management Plan.
B. BuildingPermit or LandAlterationPermit.
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, agrjcultural 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 certiflcate(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
Zonlng 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. 38 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
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 existi 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. In the case of application for a building or land alteration permit on property
adiacent to the Gulf of l\ilexico, a survey, certified by a land surveyor or an engineer
licensed ln 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 Manager or his designee determines may
effect the density or other use relationship of the property, a more recent survey may be
required. Where ownership or property lines are in doubt, the County Manager or his
designee may require the submission of a survey, certified by a land surveyor or engineer
licensed in the State of Florida. Property stakes shall be in place at the commencement of
construction.
c. Construction and use to be as provided in applications; status of permit issued in error.
Building or land alteration permits or certificates of occupancy issued on the basis of
plans and specifications approved by the County Manager or his designee authorize only
the use, arrangement, and construction set forth in such approved plans and applications,
and no other use, arrangement, or construction. Building use arrangement, or
construction different from that authorized shall be deemed a violation of this Land
Development Code.
i. Statements made by the applicant on the building or land alteration permit
application shall be deemed official statements. Approval of the application by the
County Manager or his designee shall, in no way, exempt the applicant from strict
observance of applicable provisions of this Land Development Code and all other
applicable regulations, ordinances, codes, and laws.
ii. A building or land alteration permit issued in error shall not confer any rights or
privileges to the applicant to proceed to or continue with construction, and the county
shall have the power to revoke such permit until said error is corrected.
d. Adequate public facilities required No building or land alteration permit or certificate of
occupancy shall be issued except in accordance with the Collier County Adequate Public
Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-
5.0055, F.A.C.
e. lmprovement of propefty prohibited prior to issuance of building permit. No site work,
removal of protected vegetation, grading, improvement of property or construction of any
type may be commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land development Code or
other applicable county regulations. Exceptions to this requirement may be granted by the
County Manager or his designee for an approved subdivision or site development plan
to provide for distribution of fill excavated on-site or to permit construction of an approved
water management system, to minimize stockpiles and hauling off-site or to protect the
public health, safety and welfare where clearing, grading and filling plans have been
submitted and approved meeting the warrants of section 4.06.04 A, of this Codet removal
of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for
exotics pursuant to Chapters 3 and 10.
5.C.4.a
Packet Pg. 39 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
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).
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
certiflcate, 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
certiflcate.
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, jncluding the
uses of the building space upon which applicable off-street parking and loading
requirements were based, however, issuance of a zoning certiflcate shall not exempt
any person from full compliance with any applicable provision of the LDC.
ii. In subdivlded 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 Iand pursuant to LDC section 10,02.03 and of a zoning certificate
issued for the building and the land, shall be required.
iji. A zoning certificate 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 823.14(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 identifled below, to obtain an agricultural land clearing
permit.
i. Silviculture operations, as defined by the LDC, shall require a management plan
prepared by a forester or a resource manager (i.e. Florida Forest Service, private or
industrial).
ii. lf an ST or ACSC-ST overlay is attached to the zoning of the property, the ST or
ACSC-ST permit review shall be in accordance with LDC sectlons 2.03.07 and
4.02.14 and may be reviewed simultaneously with the agricultural clearing permit
application.
iii. A generalized vegetation inventory and clearing plan.
iv. Data relatrng to wetlands impacts and protected wildlife species habitat subject to the
Conservation and Coastal Management Element of the Grolvth Management Plan
and the LDC. This data will be required only when the county's on-site inspection
indicates that there are potential or actual impacts to wetlands and to protected
federally and state listed wildlife habitat.
v. The property owner, or authorized agent, has flled an executed agreement with the
County Manager or designee, stating that within 2 years from the date on which the
agricultural clearing permit is approved by the County Manager or designee, the
owner/agent will put the property into a bona fide agricultural use and pursue such
5.C.4.a
Packet Pg. 40 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
EB]
8qjg
E,+
9s$"
Property Appraisqs Parcel LD. (Folio) Number(s):
3&Cta40[n/s
File No:2fi)7136
WARRANTYDEED
Ihls Warranty Ired Made the 2Eth dcy of FebruaryrZU[7,W Mercedes Crua a Single Woman,
hereinafter called the Briantor, whose post ofEce addrcss is: 5472 32nd Avenue SW, Naples, Florlda
34116 to Febriclo Fernandez and Alltson J. Femandez" Hruband and V[ife whosc post offrce addrcss
is: 3210 Bemudo IsIe Circle #12!10, Naplesr llortda 341(D, hercinafter called the grantec,
WTINESSBTI* That said grantor, for ard in comidcration of thc sum of $10.(X) Dolhrs ard otk valuablc
considcrations, rcccipt whcrcof is hercby acknowledgcd, hcrcby gante, bargains, sclls, aliens, reuriscs, rclcascs,
convcye and confiros uno tho grantcg all ttut ccrtlin Ld situatc in ColllerCounty, Ftmid+ to wit:
Lot 1, Block 267,Unit7, Golden Gatc, accuding to the plat tlrcrcof, recorded in Plat Book 5, Pages 135
through 146, inclusive, ofthc Public Records ofCollicr County, Florida.
TOGEISER with all thc tcncmcnE,in anywisc appcrtaining.
To Eavc md 0oIIolG thc samc itr
rhrt thc grantor
to Eaid land and
This hstumtPrcpuod
SlrshEmclm
Gulf CldB Tltlc,Ilq
11725 Col[crllvd"
SrutleB &D
Nlplcs, Florlds 34115
8s a ncccssrry incidqnt o thc ful6llMt of onditions
containcd in a tide insurarcc coEmitmcnt issucd by iL
udll dcfc8d th. srre 'gainsttrlcs accrulry subscqumt to,
(The
has
Signo( scalcd and dclivacd
Witncss
Printcd
Witnass
hinrcdNamc:
Witncss Signaturc:
-
Printed Namc:
Hr 3982205 ORr {192 PG: 1520 ffi
S@lDlD h otUcl$ [olD! of $!Un c,0llt, tt
03/lt/200, rt Cl:lltl DItgt t, BIOCI, gUlI
@tr 2et500.0t
trc lll 10.0
lctar D0c-.?0 tt5l.5t
stt ctun lllu m
ll?tt 6ltm u,m lD
ruLlt l! illtt
is froe ofall cocumbranccs, cxccfl
a tlu cor{d indtcatct,)
)rcar first sbovc writtcn,
E'd
o3
oa
J
o
thc
Witne.ss Signaturc:
Printed Ncmc:
STATE OFFLORIDA
COUNTY OF
Thc forcgoing instrumont was acknowledgcd beforc me this
who is/aro pcrsonally known to roc or who haMravc produced
My Commission
of 2U}7, by
Public
as
ud cascncnts
sct
h.)
FilcNumbcr: ?Nll36
D.c.il&r .l J. aooT
Number
5.C.4.a
Packet Pg. 41 Attachment: CESD20150001965 Fernandez (5080 : CESD20150001965 Fernandez)
Code Enforcement Meeting: 03/22/18 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 # 5078) DOC ID: 5078
Updated: 3/9/2018 1:39 PM by Danny Blanco Page 1
CESD20170013903 Nian Corporation
CASE NO: CESD20170013903
OWNER: Nian Corporation
OFFICER: Delicia Pulse
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 to
structure and no Collier County Building permit obtained.
Permit Number 2006020253 for shed demo did not received a
Certificate of Completion. Permit Number PRBD20170206151
for re-roof did not receive a Certificate of Completion.
FOLIO NO: 36383840003
VIOLATION 5400 26th PL SW, Naples
ADDRESS:
5.C.5
Packet Pg. 42
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Gase: CESD20170013903
VS.
NIAN CORPORATION, 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: 0312212018
TIME: 09:00 AIII
PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3411i
VIOLATION: CO Required ATF Permits 10.02.06(BX1Xe) and 10.02.06(8)(1)(a).
LOCATION OF VIOLATION:5400 26th PL SW, Naples
SERVED: NIAN CORPORATTON, Respondent
Delicia Pulse, 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 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 THPROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT OEPARTMENT LOCATED AT 3301 EAST IAMIAMI TRAIL, NAPLES FLORID34.112 (239)77448W; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICt
entendimiento @n las comuni€ciones de este evento. por favor tmiga su propio traductof,
Avdtisman - Tout odisyon yo fdt an angle. Nou pan gin moun pou fe radiksyon. Si ou pa pal6 anglO tanpri vini av6k yon intgprdt pou pal6 pou-ou.
5.C.5.a
Packet Pg. 43 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
VS
COLLIER COUNTY, FLORIDA
CODE ENF'ORCEMENT BOARD
COLLIER COLTNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
DEPT CASE NO. CESD2O17OO139O3
Nian Corporation, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the
undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more
particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the
following reasons:
I . Violation of Ordinance(s): The Collier County Land Development Code 04-41, as amended,
Section 10.02.06(BXl)(a) and Section 10.02.06(8)(1Xe)
2. Description of Violation: Alterations to structure and no Collier County Building permit obtained..
Permit # 2006020253 for Shed demo did not receive a Certificate of Completion. Permit #
PRBD2O 170206 I 5 1 for re0roof did not receive a Certificate of Completion.
3. Location/address where violation exists: 5400 26thPL SW Naples, FL 341l6 Folio:
36383840003
4. Name and address of owner/person in charge of violation location: Nian Corporation 2055 Trade
Center Way Naples, FL 34109
5. Date violation first observed: August 29,2017
6. Date owner/person in charge given Notice of Violation: October 23,2077
7. Date on/by which violation to be corrected: November 20,2017
8. Date of re-inspection: February 27,2018
9. Results of Re-inspection: Violation remains
STATE OF FLOzuDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
Dated this Gff auy o1 /lar$ zolll
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before
of Public)
Personallyknown /orproduced identification
Type of identification produced
Code Enforcement Investigator
tnir(/-hf;v olMA&, zo1[ by Delicia pulse.
(Print/Type/Stamp Commissioned
Name of Notary Public)
KERRYADAMS
MY COMMISSION # FF 139721
EXPIRES: July 8,2018
BondedThru Budget Nqlary ServicesREV 1-2-15
^{FRY Pil&
.-W----
5.C.5.a
Packet Pg. 44 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
,,,;-
Case Number: CESD20170013903
Datei October 23, 20'17
lnvestigator: Delicia Pulse
Phonet 2392522481
Owner: NIAN CORPORATION
2055 TRADE CENTER WAY
NAPLES, FL 34109
Registered Agent: Antonio B Brown
2055 Trade Center Way
Naples, FL 34109
Location: 5400 26th PLSWZoning Dist: RSF-3 Property Legal Description; GOLDEN GATEUNIT6PART l BLK222LOf D
Folio: 36383840003
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 XaXe) & (i)
The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as
required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land
alteration permit shall be issued without written approval that plans submitted conform to appllcable 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 clearlng 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 frrst 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 :
lmprovement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation,
grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit
where the development proposed requires a building permit under this Land development Code or other applicable county
regulations...:
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 - lnitial
DESCRTPTTON OF CONDTTIONS CONSTTTUTTNG THE VtOLAT|ON(S).
Did Witness: Alterations to structure and no Collier County Building permit obtained, New windows and doors
and A/C installed and no Collier County Builing permit obtained. Permit # 2006020253 for Shed demo did not
receive a Certificate of Completion. Permit # PR8D20170206151 did not receive a Certificate of Completion.
ORDER TO CORRE CT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through
Certificate of Completion/Occupancy for described structure/ alteration.
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
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 materials 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 Services.
3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida
Building Code.
ON OR BEFORE: November 20, 20'17
5.C.5.a
Packet Pg. 45 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of
prosecution. OR
2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation
remains, and costs of prosecution.
SERVED BY:INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL34104
Phone: 239 252-2440 FAX: 239 252-2343
Delicia Pulse
Case Number: CESD201 7001 3903
Signature and Title of Recipient
A r,/a,,'r'n ,8, o.u.r,
Printed Name of Recipient
?
Date
*This violation may require additional compliance and approval from other departments which may be required under local, state and federal
regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantial
Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval.
5.C.5.a
Packet Pg. 46 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
The Collier County Land Development Code 04-41, as amended,
Section 10.02.06(eXrXa) and Section 10.02.06(BX1Xe)
The County [Vlanager 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 :
lmprovement of property prohibited prior to issuance of building
permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be
commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land
development Code or other applicable county regulations... :
5.C.5.a
Packet Pg. 47 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
rNSTR 5354902 oR 5352 pc 2]-7 RECoRDED L/LO/ZOL7 12:55 pM PAGES 2
DWIGHT E. BROCK, CLERK OF THE CTRCUTT COURT, COLLIER COUNTY FLORIDA
Doc@. 70 $1 , 1_19 . 30 REc $t_8 . 50
coNS $1-59,900.00
Corporate Warranty Deed
This Indenture, made , December 22,2016 A.D.
Between
Desoto Holdings, Inc. whose post office address is: 1665 Colonial Blvd., Fort
Myers, Florida 33907 a corporation existing rurder the laws of the State of Florida,
Grantor and Nian Corporation, a Florida Corporation whose post office address
is: 2055 Trade Center Way, Naples, Florida 341 09, Grantee,
Witnesseth, that the said Grantor, for and in consideration o[the sum of Ten and No/100 Dollars ($10.00 ), to it in hand
paid by the said Crantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the
following described land, siruate, lying and being in the County of Collier, State of Florida, to wit:
Lot12,Block222, of GOLDEN GA to the Plat thereof, as
recorded in Plat Book 9, Pages I
Florida.
of Collier County,
Subject to taxes for ofrecord, ifany.
Parcel Identifi cation Number:
And the said Crantor does
persons whomsoever.
the same against the lawful claims of a1l
inclusive, of the
the title to said
Florida Corporatc Dtrd./Letter
5.C.5.a
Packet Pg. 48 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
*** oR 5352 PG 218 ***
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its duly authorized officer
and caused its corporate seal to be affixed the day and year first above written.
Desoto Holdings,
Jeffrey
Witness #l
Witncss Signature
Wirncss Prlna
Signed
Its:
State of
Counly of
Florida
Lee
The foregoing instrument was
Holdings, [nc. A corporation existing under
@orhas
Prepared by:
Jennifbr Parks, an employee of
Entitled, LLC,
Title Insurance Agency
2180 West First Street, Suite 530
Fort Myers, Florida 33901
File Number: l6ENT-0597
Sales Price: $159900
Doc Stamps: Sl I19.3
Easterbrook, the President of Desoto
as identification.
Name:
My Commission Expires::
CNOTARY SEAL)
ofthe State ofFlorida,
KEBI LYNN PATIERSON
Notary Public - Statc ol Ftorjda
My Comm. Expircs May 28,2017
Commission # FF 003869
Florida Corporate Dred,/Letter
5.C.5.a
Packet Pg. 49 Attachment: CESD20170013903 Nian Corporation (5078 : CESD20170013903 Nian Corporation)
Code Enforcement Meeting: 03/22/18 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 # 5081) DOC ID: 5081
Updated: 3/9/2018 2:49 PM by Danny Blanco Page 1
CESD20170012033 Gomez
CASE NO: CESD20170012033
OWNER: Monica Gomez Arciniegas and Raul A. Gomez Olaya
OFFICER: Boris Molina
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Sections 1.4.04(A), 10.02.06(B)(1)(a), and 10.02.06(B)(1)(e)(i).
Unpermitted water and electric alterations made to enclosed
garage. Enclosed garage was originally permitted with No. 94-
4526, specified no utilities.
FOLIO NO: 65671280003
VIOLATION 698 Pine Vale Dr., Naples
ADDRESS:
5.C.6
Packet Pg. 50
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20170012033
VS
MoNlcA GoMEZ ARCINIEGAS AND RAUL A GoMEZ OLAYA, 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:
TIME:
PLACE:
VIOLATION:
03122t2018
09:00 AttI
3299 Tamiami Trail East Building F, Naples, FL 3411i
CO Required ATF Permits 10.02.06(8)(lXeXi), 10.02.06(8)(1)(a), and 1.4.04(A)
LOCATION OF VIOLATION:698 Pine Vate DR, Naptes
SERVED: MONICA GOMEZ ARCINIEGAS AND RAUL A GOTUEZ OLAYA, Responden
Boris Molina, 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 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 Tetep hone
IF YOU ARE A PERSON WTH A DISABILITY \AN-IO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE-IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH
34112 (239)774-8800; AsslsrED LlsrENlNG DEV|cEs ron rtr nieniruc tr,lparneo ane evnueelE ril]He couNTy coMrvirsstoNERS,oFFrcr
Avdtisman - Tout odisyon yo f6t an angl6 Nou pan gin moun pou f6 tradiksyon. si ou pa pal6 angl6 tanpri vini avek yon intdpret pou pal6 pou-ou.
5.C.6.a
Packet Pg. 51 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Monica Gomez Arciniegas & Raul A. Gomez Olaya, Respondent(s)
Personally known ,/ or produced identification
DEPT CASE NO. CESD2O17OO12O33
STATEMENT OF VIOLATION AND
REQUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the
undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more
particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the
following reasons:
l. Violation of Ordinance(s); Collier County Land Development Code 04-41 as amended, Section
1 .4.04(A), 1 0.02.06(B)( 1 )(a) & 1 0.02.06(8)( 1 )(e)(i).
2. Description of Violation: Unpermitted water and electric alterations made to enclosed garage.
Enclosed garage was originally permiued with#94-4526, specified no utilities.
3. Location/address where violation exists: 698 Pine Vale Dr, Naples, Fl 34104
Folio: 65671280003
4. Name and address of owner/person in charge of violation location: Monica Gomez Arciniegas &
Raul A. Gomez Olaya, 698 Pine Vale Dr, Naples F134104
5. Date violation first observed: August 18th,2017
6. Date owner/person in charge given Notice of Violation: September 2d,2017
7. Date on/by which violation to be corrected: October 1't,2017.
8. Date of re-inspection: March 6,2018
9. Results of Re-inspection: Violation remains.
STATE OF FLOzuDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
Dated this -l *t au, orfvtA4rpo-Lf
Code Enforcement Investigator
Boris Molina
STATE OF FLORIDA
COUNTY OF COLLIER
to or affirmed) and subscribed before thiildly olfl{Af, zolkby 'Bon : fv\cli r"na\
ignature Public)(Print/Type/Stamp Commissioned
Name of Notary Public)
.OT{I,O(,^ KEBRY ADAMS=N.-z. MY coMMlssloN # FF 139721.",w.-*,5}
ffi ,*',,llr?il',3,',i,,,REV 1-2-15
Type of identifi cation produced
5.C.6.a
Packet Pg. 52 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Case Number: CESD201700'12033
Date: August 30, 2017
lnvestigator: Boris lvlolina
Phonet 2392522440
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: ARCINIEGAS, l\4ONlCA GOMEZ RAUL A GOMEZ OLAYA
698 PINE VALE DR
NAPLES, FL 34104
Location: 698 Pine Vale DR
Unincorporated Collier County
Zoning Dist: RSF-4
Property Legal Description: PALIVI SPGS EST UNIT 1 BLK 2
Folio: 65671280003
LOT ,16
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: General Provisions. Land Use. Collier County Land Development Code 04-41 as
amended, Sectjon 1.04.01 (A)
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 Land Development Code 04-41 as
amended, Section 1 0.02.06(B)(1 )(e)(i)
A. The provisions of thjs LDC shall applytoall land, property and development inthetotal unincorporated area of
Collier County except as expressly and specifically provided otheMise in this LDC. No development shall be
unde aken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall
hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed,
moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning
district in which it is located.:
The County Manager or his designee shall be responsible for determining whether applications for
building or land alteratlon 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 inciude but are
not limited to clearing and excavation permits, site development plan approvals, agricultural clearingpermits, and blasting permits. No buildlng 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 th; collier county
Building Code or this Code :
i. ln the event the improvement of property, construction of any type, repairs or remodeling of any typethat requires a building permit has been.compteted, a required inipection(s) and certificatejsl of '
occupancy must be obtained within 60 days after the issuance of after the iact permit(s).:
Violation Status - lnitial
DESCRtpTtON OF CONDTTTONS CONSTTTUTTNG THE VIOLATtON(S).
Did Witness: Permitted enclosed garage that was altered with utilities (water and electric) andused for living quarters.
5.C.6.a
Packet Pg. 53 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
lnitial lnspection
1. Must comply with all land use standards of the Collier County Land Development Code 04-4'1, as
amended
2. lVlust 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.
3. Must obtain all inspections and Certificate of Occupancy or Certiflcate of Completion as required in
the 2007 Florida Building Code.
ON OR BEFORE: 1010112017
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.
S INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL34104
Phone: 239 252-2440 FAX: 239 252-2343re
Boris Molina
Case Number: CESD201 7001 2033
Signature and Title of Recipient
Printed Name of Recipient
Date
*This violation may require additional compliance and approval from other departments which may be required under local,
state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site
Development Plan, lnsubstantial 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. 54 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
AFF!DAVIT OF POSTING
Code Case Number: cESD20120012033
Respondent(s):
ARCINIEGAS, MONICA GOMEZ RAUL A GOMEZ OLAYA
THE DESCRTPTTON OF THE DOCUMENT(S) POSTED
[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 Boris Molina, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s) for the above respondent(s) at 698 Pine Vale DR , on September 2. 2017 (Date), at 10:00am (Time), and at
the X Collier County Courthouse _ lmmokalee Courthouse.
(sig of Code Official)
Boris lVlolina
STATE OF FLORIDA
COUNry OF COLLIER
SU before me
this day
Boris Molina (Name of making statement)
(Signature of
,oEo,
# GG 092676**
EIFIRES: Aprl 10, 2021
8o.ded nru Budget ltobry Saflbe,s
(Print, type or stamp Comm rssioned Name of
Notary Public)
f,Personally known
_Produced identification
Type of identification produced
o
5.C.6.a
Packet Pg. 55 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Respondent(s):
NOV mailed Regular/Certified#7016 0910 0000 7058 2350
Case# CESD20170012033 BM-11 NOV
ARCINIEGAS, MONICA GOMEZ RAUL A GOMEZ OLAYA
698 PINE VALE DR
NAPLES, FL 34104
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:
tlase# C'ESD2OT7OOI2O:}3 BM'II NOV
ifriNrucl",liourclcoltrpzR{trr'AGoMEzor^lll
693PINEVALEDR
NAPLES,FL :}TIO4
AFFIDAVIT OF MAILING
Et
LN
m
ru
EO
l,E
n-
EfE
Code Case Number: cESD2o1zo012033
as
-@
,0"t:lj
E R.turn Receipt (hardooPY)
I Return ReceiPt (electronic)
flcertinea Mail R6strictod Delivery
Required
TlAdult signalure Restrict€d Dolivery
$l
$
$
$
I ::
130trlEEAdult signaturo
Efr{rE
JIr{BP
I Kimberly Brandes, Code Enforcement Official, hereby swear and affirm a true and correct copy of the notice
referenced above, has been sent First Class U.S. Mailto the above respondent at 698 PINE VALE DR NAPLES. FL
34104, on September 29.2017 .
0
re
Kimberly Brandes
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this 6th day of March ,20_18._by Kimberlv Brandes (Name of person making statement)
(Print, type or stamp Commissioned Name of
Notary Public)
XPersonally known
_Produced identifi cation
Type of identification produced
s
MAIL@
Service "PostalU.S.RECEIPT
5.C.6.a
Packet Pg. 56 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
31612018 USPS.com@ - USPS Tracking@ Results
USPS Tracking'FAQs ) (http://faq.usps.com/?articleld=220900)
TrackAnother Package f
Tracking Number: 701 609'1 0000070582350 Remove X
Your item was refused by the addressee at 1:52 pm on October 26,2017 in NApLES, FL 34104 and
is being returned to the sender.
Alert
October 26, 2017 at 1:52 pm
Refused
NAPLES, FL 34104
See Less z\
Can't find what you're looking for?
Go to our FAQs section to find answers to your tracking questions.
FAQs (http://f aq.usps.com/?articleld=220900)
https://tools usps.com/go/TrackconflrmAction?tLabers=70'l6%2oog.loo/.2ooooo%zo7osay.2o23so
1t3
Tracking History V
Product lnformation V
5.C.6.a
Packet Pg. 57 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Collier County, FL Land Development Code
1.04.01 - Generally
Page 1 of 1
A. The provisions of this LDC shall apply to all land, property and development in the
total unincorporated area of Collier County except as expressly and specifically
provided otherwise in this LDC. No development shall be undertaken without prior
authorization pursuant to this LDC.
Specifically, no building , structure , land or water shall hereafter be developed, or
occupied, and no building, structure , or part thereof shall be erected,
reconstructed, moved, located, or structurally altered except in conformity with the
regulations setforth herein and forthe zoning district in which it is located.
B. The regulations established in this LDC and within each zoning district shall be
minimum or maximum limitations, as the case may be, and shall apply uniformly
to each class or kind of structure, use, land orwater, exceptwhere specific
provision is made in this LDC.
C' This LDC shall apply to all division of land and all subdivisions in the total
unincorporated area of Collier County, except to the extent as expressly provided
herein. lt shall be unlawfulfor any person to create a subdivision of, orto
subdivide, or to otherwise divide, any land in the total unincorporated area of
Collier County, except in strict conformance with the provisions of this LDC and any
applicable provisions of the collier county Growth Management plan (GMp).
about:blank
3t7t2018
5.C.6.a
Packet Pg. 58 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Collier County, FL Land Development Code Page 1 of 31
'i0.02.06 - 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 state or federal development orders or permits
prior to use or development, such development orders or permits
must be secured from state or federal agencies prior to commencement
of any construction and/or development, including any changes in land
configu ration and land preparation.
b. Development of regional impact. Where a proposed use or
development is a development of regional impact (DRl), it shall meet all
of the requirements of F.S. ch. 380, as amended, prior to the
commencement of construction or development . submission of the
application for development approval (ADA) for a DRI shall be
simultaneous with the submission of any rezoning and/or conditional
use application or other land use related petition required by the LDC to
allow for concurrent reviews and public hearings before both the
Planning Commission and the BCC of the ADA and rezone and/or
conditional use applications. The DRI and rezone and/or conditional
use shall be approved prior to the issuance of any requlred county
development orders or permits and commencement of construction or
development.
2. No approval of the final subdivision plat , improvement plans or
authorization to proceed with construction activities in compliance with the
same shall require Collier County to issue a development order or building
permit if (1) it can be shown that issuance of said development order or
building permit wirr resurt in a reduction in the rever of service for any pubric
facility below the level of service established in the co ier county Growth
Management plan, or (2) if jssuance of said development order or building
permit is inconsistent with the Growth lvlanagement plan. Anything in this
section to the contrary nowvithstanding, all subdivision and development
shall comply with the Collier county Adequate public Facilities ordinance
[Code ch. 106, art. lll] and the Growth Management plan.
about:blank
215t2018
5.C.6.a
Packet Pg. 59 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Collier County, FL Land Development Code Page 2 of 31
B. BuildingPermit or LandAlterationPermit.
1. Building or land alteration permit and certificate of occupancy compliance
p rocess.
a. Zoning action on building or /and alteration permib.fhe County
l\4anager or his designee shall be responsible for determining whether
applications for building or land alteration permits, as requlred 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 subtnitted 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 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 unress he sharr receive a written order from a
court or tribunal of competent jurisdiction.
b. Apprication for buirding or rand arteration permrt AI apprications for
building or land alteration permits shall, in addition to containing the
information required by the building official, be accompanied by all
requrred 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
rot of the buirding or buirdings to be erected, artered or alowed to
about:blank
2t5/2018
5.C.6.a
Packet Pg. 60 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Collier County, FL Land Development Code Page 3 of 31
exist; the existing use of each building or buitdings 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/p roposed
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 t\4exico, 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 Manager or his
designee determines may effect the density or other use relationshlp 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 submrssion 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 provlded in app/ications; status of permit
tssued in error. Building or land alteration permits or certificates of
occupancy issued on the basis of plans and specifications approved by
the County Manager or his designee authorize only the use,
arrangement, and construction set forth in such approved plans and
applications, and no other use, arrangement, or construction. Building
use arrangement, or construction different from that authorized shall be
deemed a violation of this Land Development Code.
i. Statements made by the applicant on the building or Iand
alteration permit application shall be deemed official statements.
Approval of the application by the County lvlanager 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.
ti.
about:blank
2ts/2018
5.C.6.a
Packet Pg. 61 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Collier County, FL Land Development Code Page 4 of 31
about:blank
2/s/2018
A building or land alteration permit issued in error shall not confer
any rights or privileges to the applicant to proceed to or continue
with construction, and the county shall have the power to revoke
such permit until said error is corrected.
d. Adequate pub/ic 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 1 0 of this Code) and Rule 9J_5.0055, F.A.C.
e. lmprovement of property prohibited prior to issuance of building
permit. No site work, removal of protected vegetation, grading,
improvement of property or construction of any type may be
commenced prior to the issuance of a building permit where the
development proposed requires a building permit under this Land
development Code or other applicable county regulations. Exceptions
to this requirement may be granted by the County Manager or his
designee for an approved subdivision or stte developrnent 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 rCetipn_4-Q6-Q4 A. of this Code;
removal of exotic vegetation shall be exempted upon receipt of a
vegetation removar permit for exotics pursuant to chapters 3 and 10.
i. In the event the improvement of property, construction of any
type, repairs or remodeling of any type that requires a building
permit has been completed, all required inspection(s) and
certificate(s) of occupancy must be obtained within 60 days after
the issuance of after the fact permit(s).
f . zoning and rand use approvar required prior to or simurtaneousry 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 'r0.01.02 c. A zoning ceftifrcate, 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
5.C.6.a
Packet Pg. 62 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
INSTR 4374147 oR 4519 pG 2055 RECoRDED L2/16/2OO9 9:39 AM PAGES 2
DIiIIIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT
Doc@.70 $979.30 REc $18.50coNs $139,900.00
Prepared by and retum to:
Forsyth & Brugger, P.A.
600 sth Ave. South Suite 207
Naples, FL 34102
239-263-6000
File Number; 2009-162
Will Call No.:
_lspac! Above This Lin€ For Rccording
Warranty Deed
This Warranty Deed made this aroslarv E. Kolvalski and Urszula K.
Naplcs, FL 34112, grantor, and Morica
office address is 698 Pinc Vale Drivc,
d J
Kowalski, husband and rYlfe whose post r.,
Gomsz Arcinicgas and Raul A. Gomez
Naples, FL 34104, grantee:
(Whenevcr used herein thc tcrms "grantor'
individuah, and lhc s!ccessors and assigns of
thc heirs, lcgal rcprescntatives, and assigns of
Witncsseth, that said grantor, for
good and valuable considerations to
100 DOLLARS ($10.00) and other
ipt whereof is hereby acknowledged,
has granted, bargained, and sold to th forever, the following described land,
situate, Iying and being in Collier
Lot 16, Block 2, Palm Springs
of Collier County, Florida,
ook 8, Pagc 22, Pubiic Rccords
Parcel Idetltification Numbcr: 65671
Subject to taxes for 2009 and subsequent years; covenants, conditions, restrictions, easements,
rcscrvatiols aIld limitatio[s of record, if any.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to lfold, the same in fee simple forever.
And the grantor hereby covenants with said granree that the grantor is lawfully seized ofsaid land in fee simple; that thegrantor has good right and lawful suthority to sell and convey said land; that the ;rantor hereby fully wanants the titieio saidIand and will defend the same against the lawful claims of all persons whomsoever; ant thai said land is free of allencumbrances, except taxes accruing subsequent to December 31, 2b09,
In witness whereol grantor has hereunto set grantor's hand and sear the day and year first above written.
fe and husband
inslro
grantee, and graotee's
nit #1, as rccordcd
to-wit:
DoubleTimoo
5.C.6.a
Packet Pg. 63 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
*** oR 4519 PG 2057 ***
Signed, sealed and delivered in our presence:
Name:
Witness
State ofFlorida
County ofCollier
J
TFq foregoing instrument
ffs
personally known or
was acknowl
Ll has
2009 by Jaroslaw E. Kowalski, who
The foregoing instrument was acknowledged before me this l4th day of
personally known or [_] has produced a driver's license as identificaiion."'"P'
[Notary Seal]
State ofFlorida
County ofCollier
[Notary Seal]
lres;
December, 20
Notary
Printed Name:
My Commission Expires:
K. Kowalski,
is l4th d
cation
of
EXPIBES:
MOAJITIIOUR
uY coMMlssnN r DD 7!or7s
EXPIRES: July 30. 20! I
8oid.{ rni, rbbry Piatc urhlltilrm
Wananty Oeed - Page 2
DoubloTlmeo
'rilrotwrtfaK.Ko a/ski
t)
5.C.6.a
Packet Pg. 64 Attachment: CESD20170012033 Gomez (5081 : CESD20170012033 Gomez)
Code Enforcement Meeting: 03/22/18 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 # 5082) DOC ID: 5082
Updated: 3/9/2018 2:53 PM by Danny Blanco Page 1
CES20170015783 DBM Marina LLC
CASE NO: CES20170015783
OWNER: DBM Marina LLC
OFFICER: Sherry Patterson
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 5.06.11(A)(1). Unpermitted Canopy Sign.
FOLIO NO: 48173280007
VIOLATION 3470 Bayshore Dr., Naples
ADDRESS:
5.C.7
Packet Pg. 65
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
NOTICE OF HEAR]NG
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:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
VS.
DBIVI IVIARINA LLC, Respondent(s)
DATE:
TIME:
PLACE:
VIOLATION:
Case: CES20170015783
03t22t2018
09:00 AM
3299 Tamiami Trail East Building F, Naples, FL 3411i
Sign Permit 5.06. 1 1 (AX1 )
LOCATION OF VIOLATION:3470 Bayshore DR, Naples
SERVED:DBIVI IVIARINA LLC, Respondent
Sherry Patterson, 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 ffiO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENIITLED, AT NO COST TO YOU, TO TH
PROVISIONOFCERTAINASSISTANCE, PLEASECONTACTTHECOLLIERCOUNTYFACILITIESMANAGEMENTDEPARTMENTLOCATEDAT33OlEASTTAMIAMITRAIL,NAPLESFLORID
34112 (239177448OO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS.OFFIC{
entendimiento con las comunicaciones de este evento. Por favor tralga su propio traductor.
Avdtisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe fadiksyon. Si ou pa pal6 angl6 tanpri vini avdk yon inteprdt pou pal6 pou{u.
5.C.7.a
Packet Pg. 66 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
vs.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COLINTY COMMISSIONERS, Petitioner
DEPT CASE NO. CES2O17OOI5783
DBM MARINA LLC, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FORHEARING
Pursuant to Section 162.06 and 762.12, 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 Counfy Code Enforcement Board, for the
following reasons:
L Violation of Ordinance(s): Collier County Land Development Code, Ordinance 04-041, as
amended, Section 5.06. 1 1(AXl)
2. Description of Violation: Unpermitted Canopy Sign
3, Location/address where violation exists: Folio# 48173280007 3470 Bayshore Dr. Naples, Florida
34112
4. Name and address of owner/person in charge of violation location: DBM Marina LLC
9770 Bentgrass (Bend) Naples Florida 34108
5. Date violation first observed: November 10,2017
6. Date owner/person in charge given Notice of Violation: December 6,2017
7 . Date on/by which violation to be corrected: December 30,2017
8. Date of re-inspection: January 3,2018
9. Results of Re-inspection: Violation Remains
STATE OF FLORIDA
COLINTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby
continues to exist; that attempts to secure compliance with the Collier County
violation should be referred to the Collier County Code Enforcement Board for
Dated this 1'* auyor flmc*, zo t8
STATE OF FLORIDA
COUNTY OF COLLIER
thisl.-day ,ffl{rodo,
that the above-described violation
ve failed as aforesaid; and that the
Sworn to or and
(Signature Public)
Personallyknown t orproduced identification
Enforcement Investigator
(Print/Type/Stamp Comm issioned
Name ofNotary Public)
REV 1-2-15
Type of identifi cation produced S{],ilo<,^ NEIL C' DAY
=d-Z' Commisslon#GG098508
Lmj,#l'llliffilll"',3;',331*
5.C.7.a
Packet Pg. 67 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
Case Number: CES20170015783
Date: November 29, 2017
lnvestigator: Sherry Patterson
Phonei 2392522314
Pg 1of 2
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: DBM MARINA LLC
9770 BENTGRASS
NAPLES, FL 34108-
Registered Agent: BOLANOS TRUXTON, PA
12800 UNIVERSITY DR SUITE 350
FT MYERS, FL 33907
Location:3470 Bayshore DR, Unit: BLDG
Unincorporated Collier County
Zoning Dist: Overlay BMUD
Property Legal Description: GULF SHORES BLK 5 LOTS 1-4 AND BLK 4 LOTS 25-28
Folio:48173280007
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: Temporary Signs. Colller County Land Development Code 04-41 as amended,
Section 5.04.06(A)(2)
Permit Application and Review Process for Signs. Collier County Land Development Code 04-4'l as
amended, Section 5.06.1 1 (A)(1 )
A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is
not otherwise laMully permitted. Temporary signs shall be allowed subject to the reslrictions imposed by this section
2. Temporary signs and banners shall not be erected priorto obtaining the appropriate temporary use permit, and
shall be removed on or before the expiration date of the temporary use permit authorizing said sign.:
A. Building Permit applications for signs. 1. General. Any person who wishes to construct, install, rebuild,
reconstruct, relocate, alter, or change the message of any sign shall apply for and receive a building permit in
accordance with Collier County Ordinances and the Florida Building Code as adopted by Collier County prior to the
commencement of any work, A building permit will be issued by the County Manager or designee, provided that all
permit requiremenls of the LDC and all other applicable provisions of the Collier County ordinances and regulations
have been met.:
Violation Status - lnitial
DESCRTPTTON OF CONDITlONS CONSTITUTING THE VIOLATION(S).
Did Witness:
(2) unpermitted wall signs, Evinrude and Mercury. Signs may include electrical components.
(1) unpermitted canopy sign; Sara Bay Marina
5.C.7.a
Packet Pg. 68 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
O CORRECT VIOLAT N S
ou are di.ected by this Notice to take the following corrective action(s):
lnitial lnspection
'1 .) Must remove any and all non-permitted temporary signs / banners from the building and/or property
and cease future placement of any sign(s) that are not compliant with the Collier County Land
Development Code.
2.) Must obtain all required permit(s), all inspection(s), and certificate of completion for described wall
sign(s) and canopy sign, OR remove. Removal must include any shadowing on the wall(s) that may be
present post removal.
ON OR BEFOREi 1213012017
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 Enforceme
the violation remain
nt Board iew that may result in fines up to $1000 per day per vlolation, as long as
of prosecutio
SERVED BY INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEIVIENT
2800 North Horseshoe Dr, Naples, FL34104
Phone: 239 252-2440 FAX: 239 252-2343lnvestigrg na
Sherry Patterson
Case Number: CES20'l 7001 5783
Signature and Title of Recipient
Date
*This violation may require additional compliance and approval from other departments which may
be required under loca!, state and federal regulations, including, but not limited to: right-of-way
permit, building permit, demolition of structure, Site Development plan, lnsubstantial Change to
Site Development Plan, and Variances along with, payment of impact fees, and any new or
outstanding fees required for approval.
Printed Name of Recipient
5.C.7.a
Packet Pg. 69 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
.rlt'
by (Pinted Nwne) (
SENDER: COMPLETE THIS SECIIOil COMPLETE THIS SECilON OIV DEL IVERY b
r Complete items 1, 2, and 3.
r Print your name and address on the reverse
so that we can return the card to you.r Attach this card to the back of the mai
or on the frcnt if space permits.
cEs20r70015783 NOV SP #85
DBM MARINA LLC
9770 BENTGRASS
NAPLES, FL 34108
{{
ffi.-1,"4"
ddress diffffilt frorn item 1?
ar delivery address below:
EI Agent
EI Aooressee
C. Date of Delivery
Yes
[]No
9590 9402 3296 7196 2188 86
2. Article Number fftansfer from scruiee lehatt
? E L? l,tl tl 0 EE u E 05'+E e30a
trn Collect nn Delivery Restrictod Delivery
ulail
ilililIt ilt illllilll ilil ll ililltililIil ilt
3. Service Type
tr Adult Signature
tr Adult Signature Restristed Delivery
Mail@
tr Priority Mail Express@
D Registered Mailm
tr Begistered Mail Restricted
Dellvery
tr Rstum Receiot for
Mmhandlse'
tr Slgnature ConfirmationnitI Signature Conflrmation
Restricted Delivery
Gertlfted Mall ResMcted Delircry
Collect on Delivery
PS Form 381 1 , July 2o1s psN 7ss0-02-000-eosg
vlail Restricted pelivery
Domestic Heturn Receipt !
II
i
i
I
I
I
i
I
I
I
I
5.C.7.a
Packet Pg. 70 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
II
I
NG#
t
I
lt{
lllIl ilffi1 ill
15q0 I Ee 3P1b 71,1b el,Bg gt
United States
oostal Service
pil lrlri,rilliliI; rI rlfl I Irl I' II ll p I 11, rllllrllfrI lli,l,Ill
First-Class Mail
Permit No. G-10
&eesF idPa
' Sender: Please print your name, address, and ZIP++@ in this box.
. t 1 l3glll
CoJr EnflrrtmntCrllltrCouiltyCffitrl0 N. Horrrlm DrlvrIlrph., Flsrldr IifIO4
-:;
I il
{Ll
5.C.7.a
Packet Pg. 71 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
5.05.1 1 - Permit Application and Review Process for Sig
1. General. Any person who wishes to construct, install. rebuild, reconstruct, relocate, alter, or
change the message of any sign shall apply for and receive a building permit in accordance with
Collier County Ordinances and the Florida Building Code as adopted by Collier County prior to the
commencement of any work. A building permit will be issued by the County Manager or designee,
provided that all permit requirements of the LDC and all other applicable provisions of the Collier
County ordinances and regulations have been met.
2. Process. The Administrative Code shall establish the application requirements and review process
for sign permits. All drawings, plans, and specifications for pole signs, projecting signs, and any
ground sign over 32 square feet or over 8 feet in height must be submitted and certified by a
Florida reg istered design professional.
3. Expirotion of permit. Building permits shall expire and become null and void if the work
authorized by such permit is not commenced and inspected within six months from the date of
issuance of the permit.
4. Permit fees. A building permit fee shall be collected pursuant to the fee schedule set forth by
resolution.
4. Building Permit applications for signs.
5.C.7.a
Packet Pg. 72 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
INSTR 5307338 oR 5309 PG 785 RECoRDED 8/3a/2OL6 12:55 pM pAGEs 2
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT! COLLIER COUNTY FLORIDA
Doc@.70 $10,500.00 REc S18.50
coNs t1,500,000.00
Retum lo:
North Amerlcan Tltl6 Cofipany
3501 Del Prado Bhd. South, Suite 312
Capo Coral. FL 33904
This lnslrumenl Prepared
under the superyision ot:
Ma* J. Loterstein, Esq.
North Amedcen Title Company
3501 D6l Prado Blvd. Soulh, Suile 312
Cap6 Coral, FL 33904
Property Appralsers Parc€l ldenllflcauon (Folio) No.:
48173280007
THIS DEED is made on lhis 25th day ol August, 2016, by L€nnar Homes, LLC, a Ftorida ttmiled ltabltlty company
("Granlor') whose address is 1&81 8en C Pratt Six Mite Cypress Pkwy, Ft. Myers, FL 33966 to DBM Marina,
LLC, a Florida limited liability companywhose mailing addross is 9770 Bentgrass, Naples. FL 34108 ("craniee-).
Our File No.: 11646-16-02240
SPECIAL WARRANTY DEED
The lerms "Granto/' and ',Gmnte6" in lhese respeclile successors and asslgns of sald
parlies
THAI Granlor, for and in hand paid by th6 Grante6. th6
receipl whor€ot iE heroby r6mise. rel6ase, convey and
confirm unto lhe Granl€e in County, Florida, and mom
padlculady descrjbed as
Lots 25. 26. 27 and 28.to the plat lher6of,
recorded in PIat Book 4,
1. Real eslate taxes for lhe year 20l6 and
3. Zoning and olh€r govammontal roslriclions.
TO HAVE ANO TO HOLD lhe sama in le6 simpl€ forover
Granlor doGs hereby wanant, and will def6nd, lhe tltle to lhe Property h6r€by conveyed, subiect as aforesald,
againsl the lawfulciaims ol allp€rsons claiming by,lhrough or und( Granlor, bLrtnone olhsr.
lN WITNESS WHEREOF, THE Grantor has caused $is Special Waranty D€ed to bo €xecuted tho day and year
2. Covenanls, conditions, easem6nls, Encumbtanc€s, reservalions and restdc{ons of recod, withoul hercby
leimposinO sam6-
TOGEIHER, wilh sll tho tenements, heedilaments and appu.tenanc€s belonglng or ln any way 6ppertalniig to
sald Property.
tho sum ol Ten Dollarc (tlo
and
in,
! 1646n6-O22aO
SUBJECT TO THE FOLLOWINGI
5.C.7.a
Packet Pg. 73 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
*** OR 5309 pG 786 ***
Signed,and in the presence of:
Wilness Signature
Printed
State of Florida
County of Lee
The foregoing instrument was acknowledged
Mce Prasident of Lennar Homes, LLC,
Company, who has produced
persons therein.
My commission expires:
LLC , a Florida limited liability company
Vice
day of August, 2016 by Darin McMunay, the
on behalf of the Limtted Liabitity
lo m€ to b€ the
?,13t2019
Deed (Spccial Waraoty)'t16461ru2240
L^-^<-e Ll (i=
5.C.7.a
Packet Pg. 74 Attachment: CESD20170015783 DMB Marina LLC (5082 : CES20170015783 DBM Marina LLC)
Code Enforcement Meeting: 03/22/18 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 # 5083) DOC ID: 5083
Updated: 3/9/2018 3:00 PM by Danny Blanco Page 1
CESD20170013902 Moral Quintiana
CASE NO: CESD20170013902
OWNER: Jorge G. Moral-Quintiana
OFFICER: Delicia Pulse
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). Pool
permit 83-4450 did not received a Certificate of Completion.
Constructed structure in rear and did not obtain a Collier County
Building Permit.
FOLIO NO: 36322120001
VIOLATION 2743 54th ST SW, Naples
ADDRESS:
5.C.8
Packet Pg. 75
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20170013902
VS.
JORGE G MORAL-QUINTIANA, 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: 0312212018
TIME: 09:00 AIV
PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3411i
VIOLATION: CO Required ATF Permits 10.02.06(8)(1)(e)(i) and 10.02.06(BX1)(a)
LOCATION OF VIOLATION:2743 54th ST SW, Naptes
SERVED: JORGE G MORAL-QU|NT|ANA, Respondent
Delicia Pulse, 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 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 Telephone
IF YOU ARE A PERSON WTH A DISABILITY W.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 colLlER couNTY FAclLlrlEs Mnr'raciri,ler.rr oEpanrrrler'rr r-oceiEo at seor eesr taMlAMt rRAlL, NApLES FLoRtD34't12 (23e\774-8800: ASSISTED LISTENTNG DEVIcEs FoR rHE HEARTNG rrr,tperneo antlvnrlaeii iN iHe coUNri Corrltrririss-roi.rins'iiiircr
Avdtisman - Tout odisyon yo fet an angl6. Nou pan gin moun pou f6 tradiksyon. Si ou pa pale angl6 tanpri vini avek yon inteprdt pou pal6 pou-ou.
5.C.8.a
Packet Pg. 76 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
vs
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COTINTY COMMISSIONERS, Petitioner
DEPT CASE NO. CESD2O17OOT39O2
Jorge G. Moral-Quintiana, Resporrdent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the
undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more
particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the
following reasons:
1. Violation of Ordinance(s): The Collier Counfy Land Development Code 04-41, asamended,
Section 10.02.06(8) (1) (a) and 10.02.06 (s) (l) (e), (i)
2. Description of Violation: Pool permit 83-4450 did not received a Certificate of Completion.
Constructed structure in rear and did not obtain a Collier County Building permit.
3. Location/address where violation exists 2743 54th sT SW Naples, FL 34116 Folio:
36322120001
4. Name and address of owner/person in charge of violation location: Jorge G. Moral-Quintiana
2743 54th ST SW Naples, FL 341 16
5. Date violation first observed: September 7 ,2017
6. Date owner/person in charge given Notice of Violation: October lB,2Ol7
7. Date on/by which violation to be corrected: November 17,2017
8. Date of re-inspection: February 16,2018
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 'l# auy or(Wo\ zo)-g
Del ir.ia s<-
Code Enforcement Investigator
STATE OF FLOzuDA
COLINTY OF COLLIER
Sworn to (or affirmed) and subscribed before tnl#lay of$4AA.{;120 t8 UV b<,li<,ta. ?rrtS<- .-r/
(Signatu.e A N&ary PublD (Print/Type/Stamp Commissioned
Name of Notary Public)
Personallyknown .-' orproduced identification
KEHRY ADAMS
MY COMMISSION * FF 139i21
EXPIRES: JulY 8,2018
Bondedlhru Budget Notary S?NhesREV 1-2-15
Type of identification produced
**
5.C.8.a
Packet Pg. 77 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: [,{ORAL-QUINTIANA, JORGE G
2743 54TH ST SW
NAPLES, FL 34116
Location: 2743 54th ST SW Zoning Dist: RSF-3 Property Legal Description: GOLDEN GATE UN|T 6 BLK 221
Folio:36322120001
LOT 16
NOTICE
Pursuant to Gollier 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 XaXe) & (i)
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 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 :
lmprovement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation,
grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit
where the development proposed requires a building permit under this Land development Code or other applicable county
regulations... :
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 certiflcate(s) of occupancy must be obtained 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: Pool permit 83-4450 did not received a Certificate of Completion. Constructed structure in rear and
did not obtain a Collier County Building permit.
oRpER TO CORBECT V|OLAT|ON(S):
You are directed by this Notice to take the following corrective action(s):
lvlust 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.
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 malerials 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 GroMh Management.
Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2014 Florida
Building Code.
ON OR BEFORE: November 17,20'17
Failure to correct violations may result in:
'l ) lvlandatory 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.
Case Number: C ESD20l700'13902
Date: October 18, 2017
lnvestigator: Delicia Pulse
Phone: 2392522481
5.C.8.a
Packet Pg. 78 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
SERVED BY
ln rg natu re
INOUIRIES AND COIVlMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX.239 252-2343
Delicia Pulse
Case Number: CESD201 70013902
Signature and Title of Recipient
Printed Name of Recipient
Date
'This violation may require additional compliance and approvalfrom 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 DevElopmenl Plan, lnsubstantiat
change to Site Development Plan, and Variances along with, payment oI impact fees, and any new or outstanaling fees required for approval.
5.C.8.a
Packet Pg. 79 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
AFFIDAVIT OF POSTING
Code Case Number: CESD2OI 700.t 3902Respondent{s):
MORAL.QUI NTIANA, JORGE G
THE DESCRIPTION OF THE DOCUI\4ENT(S) POSTED:
[Check the applicab I e docLtm e nt ( s)]
X Notice of Violation
_Notice of Hearing
_Notrce of Hearing/lmposition of Fines
Citation
_Notice to Appear
_Code Enforcement Board Evidence Packet
_Other:
I Delicia Pulse, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described
document(s) forthe above respondent(s) at 2743 54th ST SW, on October 18,2017 (Date), at Approx 1;36pm (Time),
and at lhe X Col lier CoLrnty Courthouse Courthouse
Delicia Pulse
STATE OF FLORIDA
COUNTY OT COTLIER
S**orn to (or affirmed) and subscribed before me
11"iu . i, l,:; day o! ,'-,.r.:Z:i ,.. ,2jj-tby
Delicia Pulse (Name of person making statement)
DAILY NAYARIiC
MY COMUISSION
'
FF 1$$?:
EXPIBES: January 15, 2319
8d.'j ]n.J 8ud@l N!b.y Ssrk!
(Print. type or stamp Commissioned Name of
Notary Public)
,.Personally known
_Produced identifi cation
Type of identification produced
;*;1'.i;]r
,"w..".-
5.C.8.a
Packet Pg. 80 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
AFFIDAVIT OF MAILING
(.
n4l\LCN"6;
Code Case Number: CESD20170013902
Respondent(s):
NOV mailed Regular/Certified#701,41820 0000 4534 07tS
Case# CESD20170013902 DP-55 NOV
MORAL-QUINTIANA, JORGE G
2743 54TH ST SW
NAPLES, FL 34116
THE DESCRIPT|ON 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:
C31e# CEsDZoIZoora6oz Dpdd NolDIOR/U-QUII\ryL{N{' JOR,GE C27+a54TrI ST SW
NAPLES, tr'L 34116
@,
.flestricted Delivery Fee
{ts-,^_^^6an. o6^"i?aA
Ln
r:lrrtf
J
ml'l
5-
[fETfE
Eru
EA
11
J
r:l
EI
r\.
l:
:-..
N
postage
Certified Fee
._ Return Receipt Fee(Endorsement Required)
\'*.
I Kimberlv Brandes, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice
referenced above, has been sent First Class U.S. t\4ailto the above respondent at 2743 54TH ST SW NApLES. FL
34116, on October 27.2017 , at 9:1OAM.
{)
re
Kimberly Brandes
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me
this 27th day of october ,20_17_by Kimberlv Brandes (Name of person making
re
'ffi
NEILC.
Commission # GG 098508
Exphes August 26, 2021
Bondod lilru Budgst Notary Ssrulcos
(Print, type or stamp Commissioned Name of
Notary Public)
XPersonally known
_Produced identifi cation
Type of identification produced
$
U.S. Postal Serviee',
CERTIFIED MAIL@ RE CEIPTDomestic
PS Form 4 for
5.C.8.a
Packet Pg. 81 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections,
Certificate of Occupancy Required)
The Collier County Land Development Code 04-41,, as amended, Section
10.02.06(B) (1) (a) and 10.02.06 (a) (r) (e),(i)
The County [Vlanager 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 ofthe
required permit(s), inspections and certificate(s) of occupancy as required by the Collier County
Building Code or this Code :
lmprovement of property prohibited prior to issuance of building permit. No site work, removal
of protected vegetation, grading, improvement of property or construction of any type may be
commenced prior to the issuance of a building permit where the development proposed
requires a building permit under this Land development Code or other applicable county
regulations...:
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. 82 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
*** INSTR 4990497 oR 5044 pG 1209 RECoRDED 6/3/20L4 2:36 ptv pAGEs 1
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNW FLORIDADoc@.70 $1,295.00 REc $10.00
coNS $L85,000.00
Lt 16, BIo.I( ,21, lotd.n Crtc, Ulit 6,
t ctorhr,
PEparEd b].
Slrlh Amold
S..Eiry Tirrc & Absr"cr, LJ,C
I3l2l Urivc'sity Driit
Iort My!.!, Florida 33907
IilcNuob.i: 2014-0156
G€neral Wsrronty De€d
lhdc !iY.y 30,211a A-D. By SOMAR ryJ9, I,,q r
',ortd.
Ltelt.d Lt.bltty Comp!!y, Eho'c pon o6c. lddrRs t: t939 a6rhSlr.ct S% N.pLr, fll4l 16, hcftilaRlr E lcd
'i.8'dor, ro Jorg! c. Mo'"lib&;,. iorrrJ L* "tor. po.t o6cc iddr*sir: 2713 s{lnSLSw,NlptqFL3,!l16[?rci!rn!'crrcdrbc gtut: i]'.ri-+,ani
(wta€B.d!ai!6.Ea.tErE sd'rda'.tutn ru rt.Fdq b lln tlslmr rd tt. [d4t Stl EtilandE t d BisE ofilruYit L Ed 6. hce'b.teia'ol.rrcriB)
_- l lhesret!, tb.gr rtcgturor, tor!.di!crEridalrioaofdlc neofTc! DoUrfl, (510.00) dollc.vdulblccolsid6ltio*' rc..ipr Bt:rlofir tlabv rc,roo*rcdgc4 hcftbv sr:!', b"'gli's, scrh rlica3; inistl ircrscs, co*tys roa mos,uslElo de gr.!t ., .ll thlr c:naj! Iald litulrc ir CoUicr Colr$'.Roria!, vi"_
Srld ploprrry b Dot ti. !om.t!!.d ot
Grlrtor(r) o! rly lllsbn of t!.
Parttl ID Nr6;..t 363221
Togetter i,:Jr atl t[.
To EaYc and to
Ald th6 gra{or hinby
gr.!to! b.re g6od risht aul ,awirt
ddlod ltr! s!6c !g:iD!i lhc Litr
![bs!CD!!l lo Dcccab.! r. , . 201r.
ID Wihels Wh.reoi 6. said
(rno DrxEERzNr nu2@ssEs ,gE ftgoztuD)
AIJA C PAYERO
tiY corrutsslot{ a €$gtqtr
EXP,EiES J..rrry 2, mrl
h PLt Bool s, Pigr(r) 1211 rhmlsh !3.r,
noddr-
or 6. Strr! ot lrloddt td 6.t ldthlr
ofsaid lrbd i! fc. riEII.; it tlc
\t!tEd5 l}. tidc to slid lrnd dd will
dl .aolebr,lc6 cxc?t t'rc! lccrui.g
tl]. &y ald y!a! fid abow Erin E
Alb! Bole!. R Slddovrl M..Drgrlg MrDibc.
SoBrr 1939, LLC, r Floridr U.ujr.d LLbniry
^i&B 1939 {6ti Str!.t SW, Naplcs, FL 34 t 16
agrAltvEs c4NNaT wNESi)
c"*'y"f/DUleJ-
T[c fortgoirg i$!.u!c.cl !,s! lcho*lcdgd bcfoE Ec rl& 3fin &yofMry,2014, by A.lba Botc,c R- Srrdoril, Mr$Biog Mcmb6 fo,
SOMAR lrlr, Ua, qF i! pcrso!.nlly hoq,n to 'r. or rto lar producd .Dl..t
&s id;dicndoE
r!dd. $.rto!.
wit! said gra.at.. rtra! Gc
ud c.trwy 3aid lrn4 66t
DEID hdiyid!, lv!?rny D6l W"i! N@-Boo<ad-l?a,l 6 FE
Signed, sealed and deii,wed in .otlr presence:
i
I
i
I
:
;
5.C.8.a
Packet Pg. 83 Attachment: CESD20170013902 Moral Quintiana (5083 : CESD20170013902 Moral Quintiana)
Code Enforcement Meeting: 03/22/18 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 # 5088) DOC ID: 5088
Updated: 3/12/2018 9:41 AM by Danny Blanco Page 1
CESD20160002752 Gadsden Imposition of Fines
CASE NO: CESD20160002752
OWNER: James Gadsden and Scottie L. Gadsden GRDN
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior remodeling including, but
not limited to new drywall, new framing, electrical, plumbing,
flooring and installation of a central air conditioning system, all
of which were observed on improved unoccupied commercial
property.
FOLIO NO: 24370240000
VIOLATION 317 S 1st St., Immokalee
ADDRESS:
6.A.1
Packet Pg. 84
COLLIER COUNTY CODE ENFORCEMENT BOARI)
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD2O16OOO2752
Hearing Date: 0312212018
Board of County Commissioners vs. James Gadsden and Scottie L. Gadsden GRDN
Violation(s): Collier County Land Development Code, 04-4I, as amended, Section
10.02.06(8)(1Xa).
Location: 317 S 1ST ST,IMMOKALEE Folio: 24370240000
Description: Interior remodeling including, but not limited to new drywall, new framing,
electrical, plumbing, flooring and installation of a central air conditioning system,
all of which were observed on improved unoccupied commercial property.
Past
Order(s):On September 22, 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 5318 PAGE 742, for more information. On April 28,2017, the
Code Enforcement Board granted a continuance. See attached Order of the Board,
OR 5390 PAGE 3732, for more information. On October 27,2017, the Code
Enforcement Board granted a continuance. See attached Order of the Board, OR
5446 PAGE 3540, for more information.
The violation has not been abated as of March22r20l8.
FINES AND COSTS TO DATE ARE AS FOLLOWS:
Fines have accrued at a rute of $200.00 per day for the period from March 21, 2017 to March 22,
2018. (367 days) for a total fine amount of $73,400.00
Fines continue to accme
Previously assessed operational costs of $64.17 have been paid.
Operational Costs for today's hearing: $59.63
Total Amount: $73.459.63
6.A.1.a
Packet Pg. 85 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20160002752
VS
JAMES GADSDEN AND SCOTTIE L GADSDEN GRDN, 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: 0312212018
TIME: 09:00 AM
PLAGE: 3299 Tamiami rrail East Building F, Naples , FL 34111
VIOLATION: Building Permit LDC 10.02.06(BX1Xa)
LOCATION OF VIOLATION:317 S 1st ST., tmmokatee
SERVED: JAMES GADSDEN AND SCOTTIE L GADSDEN GRDN, Respondent
Steven Lopez-Silvero, 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 NOTTCE 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 DISABILIry WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST IO YOU. IO THPRovlsloN oF CERTAIN ASSlsrANcE, PLEASE coNTAcr rHE coLLlER couNTy FAclLlTlES MANAGEMENT DEpARtuenr tocaiEo nt ssor enst te[4tAMt rRAtL, NApLES FLoRtDU112 (239)774-88@; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIREO ARE AVAILABLE IN THE cour.rry cor,rrurssror.IEns,orrrcr
entendimiento con las omuni€ciones de est€ evento. por favor traiga su propio tEductor.
Avdtisman - Tout odisyon yo fel an angl6. Nou pan gin moun pou fe fadiksyon. Si ou pa pal6 angl6 tanpd vini av6k yon intdprdt pou pal6 pou-ou.
6.A.1.a
Packet Pg. 86 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
rNSTR 5317161- oR 531_8 pc 742 RECoRDED 9/28/2Oa6 2:19 pM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORIDA
REc $27.00
vs.
COLLIER COUNTY CODE ENFORCEMENT
CODE ENF'ORCEMENT BOARD
Case No. - CESD20160002752
BOARD OF COI'NTY COMMISSIONERS
COLLIER COUNTY, FLORJDA,
Petitioner,
JAMES GADSDEN and
SCOTTIE L. GADSDEN GRDN.,
Respondent.
THIS CAUSE came on for Board on September 22,2016,and
the Code Enforcement Board, ha'and heard argument respective
to all appropriate matters,Enforcement Board, as follows;
I Respondents, JAMES
property.
are the owners ofthe subject
2, Respondents were notified posting and the Code Enforcement
Board has jurisdiction of this
3. Atthe hearing, the Respondents is attached hereto as Exhibit "A". The
Stipulation is adopted as an Order of the
comply,
Board and the Respondents are ordered to
4. The real Property located at 317 S. I't St., Immokalee,FL 34142. Folio # 24370240000 (Legal Description:
BONDURANT BLK A, LOT 8) is in violation of Collier County Land Development Code 0441, as
amended, Sections 10.02.06(BXl)(a) in the following particulars:
Interior remodeling including, but not timited to new drywall, new framing, electrical, plumbing, flooring
and installation of a central air conditioning system, all of rvhich were observed on improved
unoccupied commercial property.
5. The violation has not been abated as ofthe date ofthe public hearing.
O.RDER
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.2007-44, as amended, it is hercby ORDERED:
A, Respondents are found guilty of violating Collier County Land Development Code 0441, as amended,
Section I 0.02.06 (eXl )(a).
B. Respondents must abate all violations by obtaining the required Collier County Building Permit(s), or
Demolition Permit, inspections and Certificate of Completion/Occupancy by March 20,2Ol7 or a fine of
$200.00 per day will be imposed until the violation is abated.
the Code
of hearing by
6.A.1.a
Packet Pg. 87 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
oR 5318 PG 743
C.If Respondents fail to comply with this Order, the Collier County Code Enforcement Department may
abate the violation using any method to bring the violation into compliance. If necessary, the County may
request thc services ofthe Collier County Sheriffs Office for the purpose ofaccessing the property for
abatement. All costs of abatement shall be assessed against the property,
Respondents are ordered to pay operational costs for the prosecution ofthis case in the amount of$64.1?
on or before October 21r2016.
Respondents shall notiff the Code Enforcement Investigator of this case within 24 hours of abatement or
compliance so that a final inspection may be perforrned to confirm compliance,
D.
E.
STATE OF FLORIDA )
)SS;
couNTY oF coLLrER)
The foregoing instrument was
Slate of Florida
County Of COLLI
DannY Blanco
Commision # ff984545
Exoires: APril 21,2020
goirded tnru Aaron Notary
PAYMENT OF FINES: Any fines be paid at the Collier County Code
Phone: (239) 252-2440, Website:Enforcement Department, 2800
www,colliergov.net. Any release of lien confirmation of the satisfaction of the
obligations of this Order may also be
APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a
transcribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automaticall-y rtuy th. Board's
Order.
CERTIFICATE OF SERVICE
DONEAND ORDERED this il6 u"r,r Sap*2016 at Collier County, Florida.
BOARD
34104
, Florida, who is
as identification.
I HEREBY CERTIFY rhat a true and correct copy of this ORDER has been sent by-u.,S. Mail to JAMES
GADSDEN and scorrlE L. GADSDEN, GRDN., 734 Bianca, Lehigh Acres, FL 33974 thi;?.6 day orseptember,
20t6.
of
Collier
be paid pursuant to
My
Drive,
%
1 CCLI
tv
6.A.1.a
Packet Pg. 88 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
*** oR 5318 PG 744 ***
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
A1
Petitioner,
Vs Case No. CESD20160002752
JAMES GADSDEN & SCOTTIE L .GADSDEN GRDN
Respondent(s),
STIPULATION/AGREEMENT
ln consideration of the disposition and resolution of the matters ouflined in said Notice (s) of Violation for whicha hearing is currently scheduled for Seotember 22. 2016;to promote efficiency in the administration of thecode enforcement process; and to o btain a qui lous resolution of the m atters outlined therein theparties hereto agree as follows:
'1) The violations noted in the refere e and I stipulate to their existence
THEREFORE, it is agreed between
o
COMES NOW, _the undersigned, Scottie L. Gadsden, on behalf of and as representative for James cadsden,
enter into this Stipulation and Agreement with Collier County as lo the resolution of Noticef of viotation in
reference (case) number CESD20160002752 dated the OSth day of June, 2016,
1) Pay operational costs in t
days of this hearing.
2) Abate all violations by o
Permit, inspections, and C
a fine of $ 200.00 per day will
3) Respondent must notify Code E
the lnvestigator perform a site.insp
(24 hou6 nolice shaltbe by phone or tax and made du.ing
ectio n plian
theworkweek. llhe viotBi on is sbated 24
nolilic€lion must be fi3de onlhenendaytiat lsnota sdurday, sunday or tegathotiday,)
cution of this case within 30
ing Permit(s) or Demolition
in 180 days of this hearing or
of abatement of the violation and request
ce.
houB prlorlo a Saluday, Shday or tegathotiday, ihen lhe
q
4) That if the
to bring th
to enforce
owner_
Respondent fails to abate the violation the county may abate the violation using any method
e violation into compliance and may use the assistance of the collier county s-heriffs office
the provisions of this agreement and all costs of abatement shall be assessed to the property
dt(
Respond or VE sign)Joe
Cod
ha,upervisor
I Ce.?--: G^r/rdrn
Respondent 6r Representative (print)
Enforcement Department
1- zz- tb
Date
Date
Nhre:tt Sraursrq ON
t*,,.,^Li""i?Z-
all required Coll
ce of Violation
dent
of Completio
d until the viola
$e{NF oF
t t,- .//
6.A.1.a
Packet Pg. 89 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD2OI6OOO2752
GADSDEN, JAMES SCOTTIE L GADSDEN GRDN, 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 forthe Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
l' That on September 22,2016, the Code Enforcement Board held a hearing and issued an Order in theabove-styled matter as stated in the Order recorded in the public records of Collier Counfr, Florida in ORBook 53 l8 Pc 742.
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on March Zl, Z0l7 .
4' That the re-inspection revealed that the corective action ordered by the Code Enforcement Board was not incompliance.
FURTIIER AFFIANT SAYETH NOT.
DATED this 2lst day of March, ZO\T .
COLLIER COLTNTY
BOARD OF COUNTY COMMISSIONERS, petitioner
vs
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn (or affirmed) and
(Signature
(Print/Type/Stamp Commissioned Name of Notary public)
COLLIER COTINTY , FLORIDA
CODE BOARD
Steven Lopez-Silvero
Code Enforcement Offi cial
before me trisfl.l aav orAAdrch ,2017 bySteven Lopez-Silvero
="ffinrffiffirl
Personally known {
6.A.1.a
Packet Pg. 90 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
INSTR 5401-L24 oR 5390 Pc 3732 RECoRDED 5/5/2OL7 8:45 AM PAGES z
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
REc $l-8. 50
coLLrER COUNTY COqE ENFORCEMENT
CODE EI\'FORCEMENT BOARD
Case No. - CESD20160002752
BOARD OF COI'NTY COMMISSIONERS
CoLLIER COIIMIY, FLORIDA,
Petitioner,
JAMES GADSDEN and
SCOTTIE L. GADSDEN GRDN.,
Respondent I
ORDER OF THE CODE ENFORCEMENT BOARD
THIS CAUSE carne on for public
Code Enforcement Board, having
this matter and being duly advised in
vs,
Order of the Code Enforcement
1. Respondent is
Sectibn 10.02
Interior remodeling lncluding,
and installation of a
Collier
A. The Board Continues this matter until August 26,2017.
B. All parties shall be re-noticed for the subsequent hearing date.
C. Fines shall accrue during the Continuance period.
n
DONE AND ORDERED this O\ day of
STATEOFFLORIDA )
Board on April 28, 2017, and the
Official, moved to continue
ofFact, Conclusions oflaw, and
Code 04-41, as amended,
electrical, plumbing, flooring
were observed on improved
Chapter 162, Florida Statutes, and
2017 at Collier County, f,'lorida.
BOARD
hereupon issues
limited to new
conditioning
couNTY oF coLLrER)
)SS:
6.A.1.a
Packet Pg. 91 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
*** oR 5390 PG 3733 ***
The foregoing instument was acknowledged before me this A- auyor
Board of Collier
Florida
0anny Blanco
SmntshnttF88454l,
Erphes: Apdl 21,202c
Bonded$ru Aam ilotaru
My
who is
as identification.
Acres,33974 this '{'lj;jH:;
Enforcement
Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code
2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website:
www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this Order may also be obtained at this location.
APPEAL: Any aggrieved Party may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of the Order appelled. An appeal shall not be a hearing de novo, but shall be limited to apjelhte
review ofthe record created within the original hearing. It is the risponsibiiity ofthe appealing party to obtain a
hanscribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automatically-stay the Board's
Order.
CERTIFICATE OF SERVICE
I
I IIEREBY'CERTIFY that a true and has been sent by U.
GADSDEN and SCOTTIE L.
20t7.
6.A.1.a
Packet Pg. 92 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CESD20160002752
BOARD OF' COI]NTY COMMISSIONERS
COLLIER. COUNTY, FLORIDA,
Petitioner,
YS.
JAMES GADSDEN and
SCOTTIE L. GADSDEN GRDN.,
Respondent.
on October 27 ,2017 , and the
Code Official, moved to continue
this matter until the next hearing issues its Findings ofFact,
Conclusions of Law, and Order
Code 04-4 1 , as amended, Section
Interior remodeling including, but not new framing, electrical, plumbing,
flooring and installation of central air all of whlch were observed on improved
unoccupied commercial property.
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED:
The board continues this matter until January 25, 201 8.
All partieS shall be re-noticed for the subsequent hearing date,
Fines shall accrue during the Continuance period
BOARD
STATE OFFLORIDA )
couNTY o,. "orr**1)tt'
A,
B.
C.
DONEAI\D ORDEREo tfris 0r. A
^v
of M0V,2017 rtCo[terCounty,Florida.
Code
of Collier County
orth
INSTR 5467930 OR 5446 PG 3540 RECORDED LL/7/20L7 1:01 PM PAGES 3DWTGHT-E' -BRocK, cLERK oF THE crRCUIT coURT, colLIER coUNTY FLORIDAREc $27.00
l.
6.A.1.a
Packet Pg. 93 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
oR 5446 PG 3541
The foregoing instrument was acknowledged before me this 0- Ou, "t NOV
Board of Collier County, Florida, who is
as identification,
UannY Btanco
Commision# FE8454b
Eroltes: APrll 21' 2020
Eoirdedthru lann Notan'
My
Enforcement Department,
Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code
2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website:
www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the
obligations of this Order may also be obtained at this location.
APPEAL: Any aggrieved parfy may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be timited to appellite -
review of the record created within thc 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 automatically stay the Board's
Order,
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and ORDER has
GADSDEN and SCOTTIE L.
November,2017. .
been sent bv U. S. Mail to JAMES
Acres, FL '33974 this 2- Oay of
i.
6.A.1.a
Packet Pg. 94 Attachment: CESD20160002752 Gadsden IOF (5088 : CESD20160002752 Gadsden Imposition of Fines)
Code Enforcement Meeting: 03/22/18 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 # 5089) DOC ID: 5089
Updated: 3/12/2018 9:39 AM by Danny Blanco Page 1
CEPM20170007397 Laker Investment MGMT Inc Imposition of
Fines
CASE NO: CEPM20170007397
OWNER: Laker Investment MGMT Inc
OFFICER: Eric Short
VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22
Buildings and Building Regulations, Article VI, Property
Maintenance Code, Section 22-228(1). Loose sewer caps not
seated correctly and in need of repair or replacement. Both are a
safety and health hazard.
FOLIO NO: 35980440001
VIOLATION 4500 Golden Gate Pkwy, Naples
ADDRESS:
6.A.2
Packet Pg. 95
COLLIER COUNTY CODE ENFORCEMENT BOARI)
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CEPM2OI7OOO7397
Hearing Date: 0312212018
Board of County Commissioners vs. Laker Investment MGMT Inc
Violation(s): Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building
Regulations, Article VI, Property Maintenance Code, Section 22-228(l).
Location: 4500 GOLDEN GATE PKWY, NAPLES Folio: 35980440001
Description: Loose sewer caps not seated correctly and in need of repair or replacement. Both
are a safety and health hazard.
Past
Order(s):On November 17,2017, 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 5456 PAGE 1383, for more information.
The violation has been abated as of February 51 2018.
Fines have accrued at a rate of $200.00 per day for the period from November 25,2017 to
February 5,2018. (73 days) for a total fine amount of $14,600.00
Previously assessed operational costs of $59.49 have not been paid.
Operational Costs for today's hearing: $59.35
Total Amount: $14.718.84
a) The gravity of the violation: Moderate
b) Any actions taken by the violator to correct the violation: The tank lids were replaced.
c) Any previous violations committed by the Respondent/violator: None
d) Any other relevant factors: None
FINES AND COSTS TO DATE ARE AS FOLLOWS:
6.A.2.a
Packet Pg. 96 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Ptaintiff,
Case: CEPM20170007397
VS.
LAKER INVESTMENT MGMT lNC, 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: 03t22t2018
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples , FL 3411,,
VIOLATION: General Maintenance22-229(1)
LOCATION OF VIOLATION:4500 Gotden Gate pKWy, Naptes
SERVED: LAKER INVEST|VIENT MGIVIT tNC, Respondent
Eric Short, 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 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 the
hearing 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 V}HO NEEDS ANY ACCOMIUODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST IO YOU, TO TH
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORID
34112 (239\774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNry COMMISSIoNERS.oFFIc{
entendimiento con las mmunicaciones de este evento. Porfavor traiga su propio tmductor,
Avetisman - Tout odisyon yo fdt an angl6. Nou pan gin moun pou fd tEdiksyon. Si ou pa pal6 angl6 tanpri vini avek yon int6prdt pou pal6 pou{u.
6.A.2.a
Packet Pg. 97 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
INSTR 5480872 OR 5456 PG 1-383 RECORDED 12/8/20L7 12.43 PM PAGES 2DWIGHT-E. BRocK' CLERK oF THE CIRCUIT coURT, COLLIER COUNTY FLORIDAREC $18. 50
COLLIER COI'NTY CODE EIYFORCEMENT
CODE EIIF'ORCEMENT BOARD
Case No, - CEPM20170007397
BOARD OF COI'NTY COMMISSIONERS
CoLLIER CO{,NTY, FLORTDA,
Petitioner,
vs.
LAKER INVESTMENT MGMT INC.,
Respondent.
THIS CAUSE came on for
the Code Enforcement Board,
to all appropriate matters, hereupon
1. Respondent, LAI(ER
2.
Board on November 17,2017, and.
and heard argument respective
Enforcement Board, as follows:
subject property.
and the Code Enforcement
aples, FL, Folio No. 35980440001 (Legal
THE W 40 m OF LOT 14) is in violation of
Respondent was notified
Board hasjurisdiction of
3. Respondent, havingbeen duly
4. The real property Iocated at 4500
Description: GOLDEN GATE LINIT 3 AND
Buildings and Building Regulations, Properfy Maintenance Code, General Provisions, Collier County Code
of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI, Property Maintenance
Code, Section 22-228(L) in the following particulars:
Loose sewer caps not seated correctly and in need of repair or replacement. Both are a safety and health
hazard.
5. The violation has notbeen abated as ofthe date ofthe hearing.
:. QRDER
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.2007-44, as'amended, it is hereby ORDERED:
A. Respondent is found guilty of violating Collier County Code of Laws and Ordinances Chapter 22 Buildings
and Building Regulations, Article VI, Property Maintenancb Code, Section 22-228(l).
B, Respondent must abate the violation by obtaining all required Collier County Buitding Permit(s),
Inspection(s) and Certificate of Completion to repair and/or replace sewer caps on or before November
24,2017 or a fine of $200.00 per day will be imposed for each day the violation remains thereafter.
before the Code
under
ofhearing by
not appear
i,
,1
6.A.2.a
Packet Pg. 98 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
*** oR 5456 PG 1394 ***
State o, Florida
County of COLLIER
I HEREBY
correct
Board
DWIGHT
D. If Respondent(s) fails to comply with this Order, Collier Counry may abate the violation using any
method(s) to bring the violation(s) into compliance and may use the assistance of the Collier County
Sheriffs Office to enforce the provisions ofthis order and all costs ofabatement shall be assessed to the
property owner.
E. Responddnt is ordered to pay operational costs for the prosecution of this case in the amount of $59.49 on
or before December 17,2017.
F' Respondent shall noti$r Code Enforcement witlrin 24 hours of abarement of the violation(s) and requesr the
investigator to perform a site inspection to confirm compliance.
DONE AND ORDERE, ,n,, X-]Chy of Novembe r,Ztr:at Cotlier County, f,'torida.
CODE ENFORCEMENT BOARD
STATEOFFLORIDA )
)SS:
couNTY oF coLLrER)
The foregoing inskument was
2017,by Robert Kauftnan, Chair Florida, who is
_X_ personally known to me as identification.
Danny
hmmislon#
Expkes: Aptil 21,
Bonded thru Aaton
PAXMENT OF 4INE", Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code
Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104; ph&e: (239) 252-2440, W.brit.,www.colliergov.net. Any release of lien or confirmation of compliance or confirmation'of the satisfaction of the
obligations of this Order may also be obtained at this location,
.PPEAL; Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirfy (30) days of
the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
-
review ofthe record created within the original hearing. It is the responsibiiity ofthe appealing pr.iy to obtain atranscribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automaticatiy'stay the Board's
Order.
CERTITICATE OF' SERVICE
I HEREBY CERTIFY tlat a true and correct copy of this oRDER has been sent by U. S. Mail to Laker
Investment Mgmt Inc', 3375 East Tamiami Trail, #100, Naples, FL 34112 and to its Registerid Agent, Jane Chefff,Esquire,23T5TamiamiTrailNorth,Suite3l0,Naples,FL 34103 thisSo dayofNovember20li.
llolan;
is a true and
who has produced
lra . [l-^.^r,
Code Official
!..'.d
6.A.2.a
Packet Pg. 99 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
COLLIER COUNTY, FLORIDA
CODE ENF'ORCEMENT BOARI)
CEB CASE NO. CEPM2OI7OOO7397
COLLIERCOLNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
LAKER INVESTMENT MGMT INC, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COLINTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Frank Balzano, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
That on November 17, 2017, the Code Enforcement Board held a hearing and issued an Order in the
above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public
records of Collier County, Florida in OR Bool$SLPG_!383
2. That the respondent did not contact the investigator.
3. That a re-inspection was perfonned on November 16th,2017
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with any conditions of the order.
FURTHER AFFIANT SAYETH NOT
DATED this 5th, day of December,2017
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
Frank Balzano
Code Enforcement Official
/^.*t, i7
^1FRY
Pra,-rW
STATE OF FLOzuDA
COUNTY OF COLLIER
ofN,Public)
(Print/TypeiStamp Commissioned Name of Notary Public)
Personally known {
to(affirmed) and subsc:ibed before me this fr", of 0r(q4,g Wr ,201'l by Frank Balzano
KERBYADAMS
MY CO|\4MiSSION # FF 139721
EXPiRES: Juty 8, 2018
Sonded Thru Budget Notary Servicer
6.A.2.a
Packet Pg. 100 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CEPM2OI7OOO7397
COLLIER COLTNTY
BOARD OF COLINTY COMMISSIONERS, Petitioner
vs.
LAKER INVESTMENT MGMT INC, Defendant(s)
AFI'IDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authorify, personally appeared Frank Balzano, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully swom, deposes and says:
That on November 17,2A77, 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 5456 PG 1383 , et. seq.
2. Thal the respondent did contact the investigator.
3. That a re-inspection was performed on February 5th, 2018
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by replacement of sewer caps.
FURTHER AFFIANT SAYETH NOT.
DATED this 6th day of February,20l8.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARDZ*k t)
Frank Balzano
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this 'Clh auy of fC 6t u ua
in
{ '20lUbY Frank Balzano
(si Public)
(Print/TypelStamp Commissioned Name of Notary Public)
q
s.I'.39.%."W"-'
JSEPH}R,ICIIA
MY C$,ffiSSlS.l, FF US
EXPIRES:Apl{ 20,2019
Eordtdfi n Bqd iletlry S€dftr
Personally known {
6.A.2.a
Packet Pg. 101 Attachment: CEPM20170007397 Laker Investment MGMT Inc IOF (5089 : CEPM20170007397 Laker Investment MGMT Inc Imposition of Fines)
Code Enforcement Meeting: 03/22/18 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 # 5090) DOC ID: 5090
Updated: 3/12/2018 9:49 AM by Danny Blanco Page 1
CESD20150017447 Herrera Imposition of Fines
CASE NO: CESD20150017447
OWNER: Daniel Herrera
OFFICER: Joseph Mucha
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Interior improvements on a wooden
structure consisting of electric, drywall, insulation, framing,
trusses, plumbing, all constructed without first obtaining the
authorization of the required permits, inspections and
certificates of occupancy as required by the Collier County
Building Department.
FOLIO NO: 30733560007
VIOLATION 1316 Orange St., Immokalee
ADDRESS:
6.A.3
Packet Pg. 102
COLLIER COUNTY CODE ENFORCEMENT BOARI)
IMPOSITION OF FINESiLIEN HEARING
CEB CASE NO. CESD2O15OOI7447
Hearing Date: 0312212018
Board of County Commissioners vs. Daniel Herrera
Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(BX1Xa)
Location: 1316 ORANGE ST, IMMOKALEE Folio: 30733560007
Description: Interior improvements on a wooden structure consisting of electric, drywall, insulation, framing,
trusses, plumbing, all constructed without first obtaining the authoization of the required permits,
inspections and certificates of occupancy as required by the Collier County Building Department
Past
Order(s):On January 29,2016, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law
and Order. The Respondent was found in violation of the referenced ordinances and ordered to
correct the violation. See the attached Order of the Board, OR 5241 PAGE 1357, for more
information. On May 26, 2016, Respondent's Motion for Extension of Time is denied. See
attached Order of the Board, OR 5278 PAGE 2573, for more information. On July 28,2016,
Respondent's Motion for Continuance is granted. See attached Order of the Board, OR 5301
PAGE 944, for more information. On October 28,2016, Respondent's Motion for Continuance
is granted. See attached Order of the Board, OR 5330 PAGE 3011, for more information. On
January 25, 2017 , Respondent's Motion for Extension of Time is denied. See attached Order of
the Board, OR 5359 PAGE 3967, for more information.
The violation has been abated as of March 9,2018.
FINES AND COSTS TO DATE ARE AS FOLLOWS:
Fines have accrued at arate of $200.00 per day for the period from May 29,2016 to March 9,2018. (650 days)
for a total fine amount of $130,000.00
Previously assessed operational costs of $65.43 have been paid.
Operational Costs for today's hearing: $60.05
Total Amount: $130.060.05
a) The gravity of the violation: Moderate.
b) Any actions taken by the violator to correct the violation: A building permit was obtained, all inspections
passed, and certificate of occupancy was issued.
c) Any previous violations committed by the Respondent/violator: None
d) Any other relevant factors: None
6.A.3.a
Packet Pg. 103 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD2O150017447
vs.
DANIEL HERRERA AND GLENDA GONZALEZ, Respondent(s)
NOTICE OF HEARING
RE: IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code
Enforcement Board on the following date, time, and place for the violation below:
DATE: 0312212018
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Buitding F, Naptes, FL 3411i
VIOLATION: Building Permit LDC 10.02.06(B)(1)(a)
LOCATION OF VIOLATION: 1316 Orange ST, tmmokatee
SERVED: DANIEL HERRERA AND GLENDA GONZALEZ, Respondenl
Joseph Mucha, 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 COUNW CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-5892 Telep hone
IF YOU ARE A PERSON WTH A DISABILITY W1IO 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 DEPARTueNT Loceieo eT ggol eeST Teii/lIAMI TRAIL, NAPLES FLoRID34112 (23e177448crj ASSlsrEo IISTENING DEV|cES FoR THE HEARTNG TMpATRED ARE AVATLABLE lN THE couNTy coMMtsstoNeRS,orrrcr
entendimiento mn las comunicaciones de este evento. porfavor traiga su propio traductor.
Avdtisman - Tout odisyon yo fdt an angld. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angl6 tanpri vini avek yon int6pr6t pou pal6 pou-ou.
6.A.3.a
Packet Pg. 104 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
rNSTR 5227305 oR 5241 pG 1357 RECoRDED z/LL/201,6 10:31 AM PAGES 3
9!IG!I_E:-BROCK, CLERK OF THE CTRCUIT COURT, COLLTER COUNTY FLORTDAREc $27.00
COLLIER COUNTY CODE ENFORCEMENT
CODE EIYFORCEMENT BOARI'
Cagc No. - CESD20l500l7 U7
BOARD OF COLTNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
DANIEL HERRERA and
GLENDA GONZALEZ,
Respondents.
THIS CAUSE came on for Board on lanuary 26,2016, and the
Code Eoforcement Board having and heard argument respective to
Enforcement Board, as follows:all appropriate matters, hereupon
1. Respondents, DAMEL ofthe subject properry.
2. Respondents were notified and the Code Enforcement
Board has jurisdiction of this
3. At the hearing, the Respondents is attached hereto as Exhibit "A". The
Stipulation is adopted as an Order of
comply.
and the Respondent is ordered to
4.The real property located at*1316 Orange St., Immokalee,PL 34142, Folio No.30733560007 (Legal
Description: EDEN PARK l"' ADD BLK 12 LOT l5) is in violation of Collier Counry Land Development
code 0441, AS AMENDED, section 10.02.06(BXI)(A) and (e) in the following particulars:
Interior improvements on a wooden structure consisting of electric, drywalt, insulation, framing,
trusses, plumbing, all constructed without first obtaining the authorization of the required permits,
inspections and certificates of occupancy as required by the Collier County Building Department,
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 granted
in Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby ORDERED;
A. Respondents are found guilty of violating Collier County Land Development Code 0441, AS AMENDED,
Section I 0.02.06(BXl XA).
B. Respondents must abate the violation by obtaining all required Collier County Building Permits, inspections
and Certificate of Completion/Occupancy by May 28,2016 or a line of $200.00 per day will be imposed for
each day the violation remaim thereafter.
vs.
5.
the Code
ofhearing by
6.A.3.a
Packet Pg. 105 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
oR 5241 PG 1358
C. If Respondents fail to comply with this Order, the Collier County Code Enforcement Department may
abate the violation using any method to bring the violation into iompliance. If necessary, the County may
request the services of the Collier County Sheriffs Office for the purpose of accessing ihe propertyior
abatement. All costs of abatement shall be assessed against the p-pirty.
D. Respondents are ordered to pay operational costs for the prosecution ofthis case in the amount of$65.43
on or before February 28,2016.
E. Respondents shall notifr the Code Enforcement Investigator of this case within 24 hours of abatement or
compliance so that a final inspection may be performed to confirm compliance.
DoNE AND 0RDERED this fftay ot Fz a . 2016 atcoltier county, Ftorida.
STATE OF FLORIDA )
)SS:
couNTY oF COLLIER)
The foregoing instrumetrt was
2016, by Robert Kauftnan, ChairLz personally known to me
04
BOARD
Florida" who is
as identification.
*
IGRRYADAIIS
UY C0l#illssl0'l , FF 1e9/2t
EXPIRES: July B, 2018
Boddno gudfll Nlbry Sryices
PAYMENT OF FINES: Any fines
Code Enforcement Departmen! 2800
may be paid at the Collier County
www.colliergov.net. Any release of lien or
34 I 04, Phone: Q39) 252-2440, Website:
or confirmalion of the satisfaction of the
obligations of this Order may also be obtained at this
4PPEALi Any aggrieved party may appeal a fural order of the Board to the Circuit Court withitr thirty (30) days of
the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to apje[ate
review ofthe record created within the original hearing. It is the risponsibility ofthe appealing party to obtain a
tanscribed record of the hearing from the Clerk of Courts. Filing an Appeal wiil not automaticafy'say the Board,s
Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a tnre and correct copy of this by U. S. Mail to Daniel
Herrera and Gleuda Gonzalez,307 Calle Amistad, Immokalee, FL February,2016.
NOTAR
My
paid
ORDER
6.A.3.a
Packet Pg. 106 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 5241 PG 1359 ***
ndent or Representative (sign)
/ Qaa->/
Respondent or Re presenlative (print)
x /- 22-,/6
A-A"-
4) That if the Respondent fails to abate the violation the County may
to bring the violation into compliance and may use the assistance
to enforce the provisions of this agreement and all costs of abatem
x\
abate the violation using any method
of the Collier County Sheriffs Office
BOARD OF COUNry COMMISS'ONERS
Collier County, Florida
Petitioner,
Vs Case No. CESD20150017447
DANIEL HERRERA & GLENDA GONZALEZ
Respondent(s),
ln consideration of the disposition and resolution ofthe matter8 oufllned in said Notice (s) of Molation for which
a hearlng is cunently scheduled for efficiency in the administration of the code
enforcement process; and to oblain a q
parties hereto agree as follows:
lutlon of th€ mafters outlinod thereln the
1) The violations noted inthe refe
THEREFORE, it is agreed between t
and I stipulate to their existence.
1) Pay operational costs in the
days of this hearlng.
of this case within 30
2) Abate all violations by obtain Permit(s) or Demolition
Permit, inspections, and 120 days of this hearing or
a fine of $ 200.00 per day will be
3) Respondent must noliry Code En rs of abatement of the violation and request
the lnvestigator perform a site inspec{ion to confirm compliance.
121 nouE notlc. tnall !€ !y Phom or t t .td md€ duirB ths po.l(€€l' I the vloHion i! Ebated 2/t nouls pri€rro s s€tuft,€y. Sunday or telat Mkriy. Il.n ths
notific.llon must De made on lne nod d€y Oat h oor a Saturdsy. Sunday or lelst to[day.)
be assessed to the property
SuJoe
Code Departme* .Y-ntt6
Violation are
required Coll
om
the
lYbn;. O '/( {to
Date
I
STIPULATION'AGREEMENT
COMES NOW, the undersigned, Daniel Herrera, on behalf of and as representative for Glenda Gonzalez,
enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violailon in
reference (case) number CE5O20150017447 dated the 09th day of Oclober, 2015.
I
I
i
:
I
I
I
i
I
I
l
REV lt2l15
6.A.3.a
Packet Pg. 107 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
INSTR 527228]- OR 5278 PG 2573 RECORDED 6/L/20L6 ]-].:45 AM PAGES ZDWTGHT-E. BRocK, CLERK oF THE crRcurT couRT, coLLrER couNry FLORTDAREc $18.50
ENT
CODE ENFORCEMENT BOARD-
Case No. - CESD20150017447
BOARD O[' COUNTY COMMISSIOTiERS
CoLLIER COUNTY, F.LORTDA,
Petitioner,
DAMEL HERRERA AND GLENDA GONZALEZ,
Respondents.
THIS CAUSE came before
Time to Comply, and the Code
heard argument respective to all
1. On January 29,2016,
County Land
improvements on a
plumbing, all consfiucted
certificate of occupancy as
on the property located at 1316
EDEN PARK IST ADD BLK 12
vs.
Motion for Extension of
associated documents and
guilty of violating of Collier
10.02,06(BX1)(a) for interior
insulation, framing, tusses, and
required permits, inspections, and
Department, which violation occurred
# 30733560007 Q,egal Description:
2' An order was entered by the Code Enforcement Board ordering Respondeut to abate the violation on orbefore May 28,2016, or a fine of $200.00 per day would be urrIs.J'ro, .*h day the violations continuethereafter until abatement is conftrmed. 1e copy oftne Order is recorded at OR 5241, pG 1357)
3. onMay 2,2016, Respondent filed a Request/Motion for Extension of rime to comply.
4. Previously assessed operational costs of$65.43 have been paid.
ORDER
Based upon the foregoing Findings ofFact, and pursuant to the authority granted in Chapter 162, Floridastatutes, and collier county ordinance No. 20024+, as amended, lt is ireieuy oRDeRso:
A. Respondents'Request/Motion for Extension of rime to comply is denied.
DoNE AND ORDERED this 2f1", "f NAr,,"r1 . 2016 atcorrier counry, Frorida.
CODEENFORCEMENTBOARD
COLLIER COUNTY, FLORIDA
Board upon
the
04-41, AS
cousisting of
obtaining the
Collier
6.A.3.a
Packet Pg. 108 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 5278 pc 2574 ***
STATEOFFLORIDA )
)SS:
couNTY oF COLLIER)
The foregoing instrument was acknowledged
Chair of the Code
to me or _ who has
franscribed record'of the hearing
Order,
I HEREBY CERTIFY thAt A ITUE
Glenda Gonzalez at307 Calle
oiaie 0i rlUIrua
County of COLLIER
I HEREBY CERTIFY THAT this is a true and
ccrrect copy of e document on file in
Boarii ltlinr.:ies anC P.ecords cf Collier County
m/I this
2Al 6, by Robert Kaufrnan,
--lz7e$onally known
before me thir'JClur of J\Aovvl
Enforcement Board of Collidr Counfy) Florida, who
Naples,
a
NOTARY
XERRY ADAMS
MY Cof,lMls$loN I FF 139721
EXPIRES: JulY 8' 2018
BondriThru 9{dgd Nehry $'nho3
ls
Driver's License as identification.
**
My commission expires:_
PAYMENT OFFINES:Any fines ordered to be paid pursuant to this Order may be paid at the Collier County
Code Enforcement Department, 2800 North Horseshoe Drive,Naples, FL 34104, Phone: (239) 252-2440, Website:
www.colliergov,.net. Any release of lien or or confirmation ofthe satisfaction ofthe
obligations of this Order may also be
APPEAL: Any aggrieved party may Court within thirry (30) days of
the execution ofthe Order appealed.shall be limited to appellate
review of the record created within appealing party to obtain a
automatically stay the Board's
U. S. Mail to Daniel Herrera and
20t6.
be a hearing
order ofthe
FL 34t42
u/t
dit
RTS
6.A.3.a
Packet Pg. 109 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARI)
CEB CASE NO. CESD2OI5OOI7447
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
HERRERA, DANIEL GLENDA G ON Z ALE\ Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLOzuDA
COLINTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Juan Serna Herrera, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on January 29,2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled
maffer as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5241 PG
1357
2. That the respondent did contact the investigator
3. That a re-inspection was performed on May 31,2016.
That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance by: a building permit not being issued, passing all required inspections, and receiving a certificate
of occupancy/completion.
FURTHER AFFIANT SAYETH NOT
DATED this 7th day of June,2016.
COLLIER COLINTY, FLORIDA
CODE BOARD
Code Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or ,Jsubscribed before me this th-day of u (-, 201 6 by Juan Serna Herrera
ci
(Signature Public)
4
uan
.dI:lY%
"rw.--
JOSEPH MUCHA
MY COIIIMISSION # FF AN99
EXPIRES:April 20, 2019
Bonded Thrr Budget Nobry Senios
(Print/Type/Stamp Commissioned Name of Notary
Public)
Personally known {
6.A.3.a
Packet Pg. 110 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
INSTR 5297948 oR 530L pc 944 RECoRDED 8/5/201-6 9:32 AM PAGES 2DWTGHT-E. BRocK, CLERK oF THE crRcurT couRT, collrER coUNTY FLORTDAREc $18.50:
:;;:;
goLLIER COUNTy CODE ENT'ORCEMENT
goDE ENFOI{CEMENT BOARD
Case No. - CESD20150017447
BOARD OF COUNTY COMMISSIONERS
CoLLIER COUNTY, FLORIDA,
Petitioner,
vs.
DAI\IIEL IIEI{.RERA and
GLENDA GONZATEZ,
Respondents.
THIS CAUSE came on for Board on July 28, 2016 on the
Respondent's Motion for issues its Findings of Fact,
Conclusions of Law, and Order
l. Respondents, DANIEL with violating Collier
County Land Development
follorving particulars :
l)(A) and (e) in the
Interior improvements on a electric, drywall, insulation, framing,
trusses, plumbing, all constructed the authorization of the required permits,
inspections and certificates of occupancy as required by the Collier County Building DepartmetrL
au+
Based upon the foregoing, and pursuant to &e authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED:
The Respondents' Motion for Continuance of this case is GRANTED until October 26,2016,
All parties shall be re-noticed for the subsequent hearing date.
Fines shall accrue during the Continuance period.
DONE AND ORDERED tlris { St- Oay oT et-2016 at Collier County, Florida.
-.r;ii'i;a i :..,. .J
Cculi)r cf CC;.Liin BOARD
I
before the Code
and GLENDA
I, AS
tr=n^,,1 34104
Drive
f :ii,: ^; -.'-. -t t.t -:- - .,i. i -ir,/ r. r
6.A.3.a
Packet Pg. 111 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 53 0L pG 945 ***
STATE OF FLORIDA )
)SS
COUNTY OIT COLLIER)
he foregoing instrument was acknowledged
Kaufman, Chair of the Code
known to me or
PAyMrnr 0r'FINES: Any
Code Enforcement Department,
fines ordered to be
2800 North
of Collier ', Florida, who is
who has produced a Florida Driver's License as identification.
20)rt,by Roberty' personally
i
before me this I \I_
Enforcement Bbard
day of
NOTARY PUBLIC
My commission expires
Code
)t *
KEFRYADAIiIS
MY CoMil{tSSloN I FF 139i2'l
EXPIRES: July 8, 2018
hnd€d lhru BudgelNobry Services
www.colliergov.net. Any release of lien
obligations of this Order may also be
APPEAL: Any aggrieved party
the execution ofthe Order
I HEREIIY CERTIFY that a true
and Glenda Gonzale4 30T Calle
to this Order may be paid at the Collier County
34 I 04, Phone: Q39) 252-2440, Website:
of the satisfaction of the
Court within thirty (30) days of
shall be limited to appellate
appealing party to obtain a
automatically stay the Board's
sent byU. S. Mail to Daniel Heneraof Ot G ,2016.
Official
location.
to
de
copy ofthis
TE OF
6.A.3.a
Packet Pg. 112 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
rNSTR 5330841 oR 5330 pG 30lL RECoRDED LL/3/20L6 4:05 pM PAGES 2
DWTGHT E. BRocK, CLERK oF THE cIRcUrT coURT' coLLrER CouNw FLORIDA
REC $18.50
vs.
COLLIER COTJNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARI)
Case No. - CESD20150017447
BOARD OF COTJNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
DANIEL IIERRERA and
GLENDA GONZALEZ,
Respondents.
THIS CAUSE came on for on October 28,2076, and the
Code Enforcement Board, having and being duly advised in the
premises, hereupon issues its
foilows:
Code Enforcement Board, as
l, Respondent is charged Code 04-41, AS AMENDED,
Section 10.02.06(8)(1XA)
Interior improvements on a insulation, framing, trusses,
plumbing, all constructed of the rrquired permits,
inspections and certificates of the Collier County Building I)epartment.
ORDER
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED:
A. The Respondent's Motion for Continuance of this case is GRANTED until February 25, 2017 .
B. All parties shall be re-noticed for the subsequent hearing date.
C. Fines shall accrue during the Continuance period.
DONEANDORDEREDThh A d^y $ ilb tl .2016 atcotlier County, Ftorida.
the Code
of Collier County
the following
6.A.3.a
Packet Pg. 113 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 5330 PG 3012 ***
STATEOFFLORIDA )
)SS:
CoIJNTY OF COLLTER)
Florida, who is
License as identifi cation.
Danny Blanco
Commision, FF984545
Expires: April 21,2020
Bonded thru Aaron I'lotary
My
PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County
Code Enforcement Department,2800 North Horseshoe Drive, Naples, FL
www.colliergov,net. Any release of lien or confirmation of compliance or
obligations of this Order may also be obtained at this location.
34104, Phone: (239) 252-2440, Website:
APPEAL: Any aggrieved party may appeal a to the Circuit Court within thirty (30) days of
the execution of the Order appealed. An but shall be limited to appellate
of the appealing party to obtain areview of the record created within the
transcribed record ofthe hearing from not automatically stay the Board's
Order
I HEREBY CERTIFY sent by U. S. Mail to Daniel
Henera and Glenda Gonzalez,day ofNovember,2016.
State ol Florida
County of
I HEREBY is a true and
file in
Collier CountY
confirmation of the satisfaction of the
of Courts. Filing an
ls
v
6.A.3.a
Packet Pg. 114 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
COLLIER COUNTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARI)
BOARD OF COI.INTY
COMMISSIONERS
COLLIER COLINTY, FLORIDA CASE NO. : CESD20l500l7 447
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
DANIEL HERRERA AND GLENDA
GONZALEZ,
Defendants.
MOTION FOR EXTENSION OF TIME AI{D ABATEMENT OF FINES PENDING
DETERMINATION OF PROPERTY OWNERSHIP
COMES NOW the Defendant, GLENDA GONZALEZ ("Ms. Gonzalez"), by and
through the undersigned counsel, pursuant to Fla. R. Civ. P. 1.090(b), and hereby files this
Motion for Extension of Time. As grounds therefor, Gonzalez states as follow:
l. Absolute Law, P.A. was retained by defendant Ms. Gonzalez only a few days prior to the
filing of this Motion.
2. Ms. Gonzalez is currently involved in litigation for a judicial determination regarding the
ownership 13 l6 Orange Street, Immokalee, FL 34142.
3. Accordingly, Ms. Gonzalez requests that the fines assigned to l3 l6 Orange Street,
Immokalee , FL 34142 be abated indefinitely until the judicial determination of property
ownership is entered.
4. This Motion is not made for delay or in bad faith, but rather in order to fully review the
facts and effectively represent Ms. Gonzalez.
5. In the alternative to indefinite abatement, Ms. Gonzalez respectfully requests a ninety
(90) day extension.
6.A.3.a
Packet Pg. 115 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
WHEREFORE, Ms. Gonzalez prays that the Code Enforcement Board enter an Order:
1. Granting Ms. Gonzalez' Motion for Extension of Time and Abatement of Fines Pending
Determination of Property Ownership;
2. Granting an indefinite abatement for the accrual of fines until a judicial determination
regarding the property is entered;
3. In the alternative; granting an abatement of no less than ninety (90) days for the accrual
offines; and
4. Granting to Ms. Gonzalez any and all relief to which she is entitled in equity or at law
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, in accordance with Fla. R. Jud. Admin. 2.516(bxl), a copy of this
document was furnished to Iliana Burgos, Operations Supervisor, 2800 N. Horseshoe Drive,
Naples, FL 34104, by eMail to IlianaBurgos@.collergov.net and to Daniel Herrera, at his last
known address of 1307 S. Orange Street, Immokalee ,FL 34142, by United States Mail this l4th
day of November, 2016.
Aesor-urp Law PA
%&nad * Qho'ufaodio
By'
Michael E. Chionopoulos, FBN 48025
PaulE. Liles, FBN 921270
Nirav M. Jamindar, FBN 59068
12585 New Brittany Boulevard
Fort Myers, Florida 33907
Telephone: (239) 27 5 -6453
eMail : notice@absolutelaw.net
ATTORNEYS FOR GONZALEZ
6.A.3.a
Packet Pg. 116 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
rNsTR 5363930 OR 5359 pG 3967 RECORDED 2/3/2OL7 10:14 AM PAGES 2DI,{TGHT E. BROCKT CLERK OF THE CIRCUIT COURT, COLL]ER COUNTY FLORIDAREC s18. 50
COLLIER COI'NTY CODE ENFORCEMENT
CODf, ENFORCEMENT BOARI)
CaEe No. - CESD20150017447
BOAXD OT COUNTY COMMISSIONERS
COLLIER COIJNTY, TLORIDA,
Petitioner,
DANIEL HERRERA and
GLENDA GONZALEZ
Respondents.
THIS CAUSE came on for
Code Enforcement Board, having
the premises, hereupon
as fouows:
issues its
l. Respondents are charged
AMENDED, Section 10.02
Interior improyements on a woo
plumbing, all constructed
lnspecdoIts and certificates of
Board on January 25,2017, and the
ofTime and being duly advised in
ofthe Code Enforcem€nt Board,
Code 04-41, AS
insuladon, framitg, trusse$,
of the required permits,
the Collier County Building Departmetrt.
3
At the hearing, the Respondent, Daniel Henera, appeared in person and advised that he is going though a
divorce llom the Respondent, Glenda Conzalez, Although the Motion was filed by Ms. Gonzalez's -
attomey, he joined in the request for an Extension of Time.
That al4otion was filed by attomey Michael E. Chinopoulos on behalfofthe Respondent, Glenda
Gonzalez. Neither the atlomey, oor Ms, G owalez, appenred at the hearing.
Based upon the foregoing, aDd pwsuant to the authodty ganted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 0744, as amended, it is hereby ORDERED:
ORDER
A, The Respondent's Motion for Extension of Time of this case is DEMED
and
the Code En
for
ofCollier
)(A) in the
DoNE AND oRDaREn fi* 3 O A"y or JLn . zorz "t coltier coutrty, Ftorlda.
)
6.A.3.a
Packet Pg. 117 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 5359 pG 3968 ***
STATEOFFLORIDA )
)SS:
COI'NTYOF COLLIER)
Florida
Danny Blanco
Commislon I FF984545
Expires: April 21, 2020
Bonded thru Aaron Noury
1S
exPrres:_
may be paid at the Collier County
Phone: (239) 252-2440, Website:
of the satisfaction of the
Court within thirty (30) days of
shall be limited to appellate
appealing party to obtain a
automatically stay the Board's
been sent by U. S. Mail to Daniel Herrera
12585 New Brittany
PAYMENT OF ['INES: Any fines
Code Enforcement Department, 2800
www.colliergov.net. Any release of
obligations of this Order may also
APPEAL: Any aggrieved party
the execution ofthe Order
review ofthe record created
tanscribed record ofthe hearing
Order.
I HEREBY CERTIFY that a rrue and
and Glenda Gowalez,3}7 Calle
Blvd Fort Myers, FL 33907 this of 7
Code
State ol Florldar"":
County of C0LLIER
I HEREBY CERTIFYTHAT
correct copy of a
Board Minutes and
of
COLLIER
Drive,
of compliance
OF SER
DWGHT E. BROCK,
D.C.hJ' 0' &*
6.A.3.a
Packet Pg. 118 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
rNSTR 5498983 oR 5469 PG 1-659 RECoRDED L/L9/2O78 4:53 PM PAGES 3
DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA
Doc@.70 $0.70 REc $27.00
Prepared By:
Absolute Law, PA
12585 New Brittany Blvd.
Fort Mycrs, Florida 33907
Retum to:
Absolute Law, PA
12585 New tsrittany Blvd.
Fort Myers, Florida 33907
(Space above this line reserved for recording office use only)
OUIT-CLAIM DEED
IDENTIFICATION OF GRANTORS
Grantors' names and addresses Glenda Govalez
The word "We" or "lJs
2. IDENTIFICATTON
Grantee's name and
The word "You" as hereafter used
3. MEANINGS OF TERMS
The terms "Vy'e." "lJs," "You." "Grantor," and "Crrantee." shall be non-gender specific ((i)
masculine, (ii) ferninine. or (iii) neuter, such as corporations, partnerchips or trusts), singular
or plural, as the context permits or requires, and include heirs, personal representatives,
successors or assigns where applicable and pennitted.
4.DESCRIPTION OF REAL PROPERTY CONVEYED
Property hereby conveyed (the "Real Propertyt'; is described as follows:
Lot 15, Block 12, Eden Park First Addition, according to the PIat thereof,
recorded in Ptat Book 5, Page 3, of the Public Records of Collier County,
Florida.
Parcel No.30733560007
Immokalee,
Daniel Herrera
1307 S
FL 34
t.
6.A.3.a
Packet Pg. 119 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
oR 5469 PG 1660
5
The Real Property is conveyed together with all tenements, hereditaments, easements and
appurtenances belonging to or benefiting such property.
CONSIDERATION
Cood and valuable consideration. received by Us from You.
CON\'EYANCE OF REAL PROPERTY
For the considemtion described above, We convey, remise, and quit claim to You any and all
interest, right, or claim that We may have in and to the Real Property.
6
anx-Executed on the day of December, 2017
Witness I
Signature
Witness I
Print Name
si
Wimess 2
Pr:int N e
as idenrification.
EC TR
STATE OF TLORIDA
COUNTY OF LEE
$
$
Swom to or affirmed and signed betbre me on the mS day of December 201 7, by
DANIEL HERRERA, Grantor, who is personally known to me or who produced
reDL
#,Nora.y Prblit sra& ol Florl'a
Kac€v Bell
My C;nm,sslon FF 085101
E{ores 01/2212014 NOT
Witness 2
6.A.3.a
Packet Pg. 120 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
*** oR 5469 PG 1661 ***
Witness I
Signature
Print Name
Witness 2
Witness 2
STATE OF FLORIDA $
couNTY oI'LEE $
Sworn to or affirmed
GLENDA GONZALEZ.
Executed on the
"*
au, otM, 201\7
witness r SOfnCnMa ClAt's^
zor{, uy
who produced
AS
ffi Notary Public State ol Flonda
Kacey Bell
(!iy Commission FF 08510,
F.xplras 0112212018
6.A.3.a
Packet Pg. 121 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
COLLTER COUI\TY, TLOruDA
CODE EI\IFORCEMENT BOARD
CEB CASE NO. CESD2OIflMI7447
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioncr
vs.
HERRERA" DANIEL GLENDA CONZALE! Defendan(s)
Arnp4YrTorcoMrLrANqp
STATE OF FLORIDA
COLTNTY OF COLLIER.
2. That the respondcnt did contact the investigator.
3. That a re-inspection was performed on March 9th, 2018.
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance by permit PR8020160415755 being finaled.
FURTHER AFFIANT SAYETH NOT.
DATED this 9th day ofMarch, 2018.
COLLIER COLINTY, FLORIDA
CODE ENFORCEMENT BOARD
Joseph
Code Enlbrcement OlTicial
STATE OF FLORIDA
COUNry OF COLLIER
affirmed) and mcrhis {fhoarof fi Argh , 201E by Joseph Mucha
Name Notary Public)
*":fLir,r
ir.W;
UAODANICOI.E@NALEJ
Commbrbn#GG 105199
Erpirer Mry 16. 2021
omdcd llru Brdpl tlohry $ortirr
Personally known {
BEFORE ME, the undersigned authority, personally appeared Joseph Mucha" Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
l. That on January 29, 2016, the Code Enforcement Board held a hearing and issued an Onder in the
above-styled mater 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 5241 PG | 357, et. seq.
r) rvTt"_cAq
6.A.3.a
Packet Pg. 122 Attachment: CESD20150017447 Herrera IOF (5090 : CESD20150017447 Herrera Imposition of Fines)
Code Enforcement Meeting: 03/22/18 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 # 5092) DOC ID: 5092
Updated: 3/12/2018 9:56 AM by Danny Blanco Page 1
CESD20160007274 Real EST Holdings of Tienda Mexicana
Inc Imposition of Fines
CASE NO: CESD20160007274
OWNER: Real EST Holdings of Tienda Mexicana Inc
OFFICER: Steven Lopez-Silvero
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a). Unpermitted exterior alterations
being conducted to a structure on occupied commercial
property.
FOLIO NO: 00131360004
VIOLATION 217 N 15th St., Immokalee
ADDRESS:
6.A.4
Packet Pg. 123
COLLIER COUNTY CODE ENFORCEMENT BOARI)
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD2O16OOO7274
Hearing Date: 0312212018
Board of County Commissioners vs. Real EST Holdings of Tienda Mexicana Inc
Violation(s): Collier County Land Development Code, 04-41, as amended, Section
10.02.06(BX1Xa).
Location: 217 N 15TH ST, IMMOKALEE Folio: 00131360004
Description: Unpermitted exterior alterations being conducted to a structure on occupied
commercial property.
Past
Order(s):On October 27, 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 5446 PAGE 3533, for more information.
The violation has not been abated as of March22,20l8,
FINES AND COSTS TO DATE ARE AS FOLLOWS:
Fines have accrued at a rate of $250.00 per day for the period from January 26, 2018 to March
22,2018. (56 days) for a total fine amount of $14,000.00
Fines continue to accrue
Previously assessed operational costs of $65.36 have not been paid.
Operational Costs for today's hearing: $59.28
Total Amount: $14.124.64
6.A.4.a
Packet Pg. 124 Attachment: CESD20160007274 Real EST Holdings of Tienda Mexicana Inc IOF (5092 : CESD20160007274 Real EST Holdings of Tienda
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20160007274
VS
REAL EST HOLDINGS OF TIENDA MEXICANA tNC, 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: 0312212018
TIME: 09:00 AM
PLACE: 3299 Tamiami Trail East Building F, Naples , FL 34i1;
VIOLATION: Building Permit LDC 10.02.06(B)(1)(a)
LOCATION OF VIOLATION:217 N 1sth ST., tmmokatee
SERVED: REAL EST HOLD|NGS oF TTENDA IvtEXtCANA tNC, Respondenl
Steven Lopez-Silvero, 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 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 U/t]O NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO IHPRovlsloN oF cERTAIN ASSlsrANcE, PLEASE coNTAcr rHE coLllER coutty rncrttrtes ueruectuenr oepanrrr,rer.rr roce.ieo ar 3301 EAST TAMtAMt rRAtL, NAPLES FLoRtD34112 (23e)774aBN; ASSISTED LISTENING DEVIcES FoR THE HEARING rr,,|perneo ene avarLeaii iN THe courury couutssior.tens,orrrcr
entsndimiento con las mmuni€dones de este evento, por favor faiga su propio traductor.
Avdtisman - Tout odisyon yo fdt an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angtd tanpri vini avek yon intepret pou pal6 pou-ou.
6.A.4.a
Packet Pg. 125 Attachment: CESD20160007274 Real EST Holdings of Tienda Mexicana Inc IOF (5092 : CESD20160007274 Real EST Holdings of Tienda Mexicana
rNsTR 5467928 oR 5446 pc 3533 RECoRDED r!/7/2077 1:01 pM PAGES 2DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC $18.50
vs
COLLIER COT,INTY CODE ENFORCEMENT
CODE ENFORCEMENT BOARD
Case No. - CESD2o160007274
BOARD OF COI'NTY COMMISSIONERS
COLLIER COTJNTY, FLORIDA,
Petitioner,
RXAL EST IIOLDINGS OF
TIENDA MEXICANA, INC.,
Re$polldent,
ORD
THIS CAUSB came on for Boald on October 27, 20U, atrd the
Code E[forcement Board, having heard argument respective to all
appropriate matte$, h€reupon Board, as follows:
Respondent, REAL EST
propelty,
the owner ofthe subject
2. Respondent was notified of and the Code Enforcement
Board has jurisdiction ofthis
3, Respondent, having been duly noti lic hearing.
ORDER
B. Respondent must abate the violation by completing Buildilg Permit #PRBD20150826986 to
"Repair/Replace Canopy and Entry Doo6", to include inspections and issuance ofa Certificate of
Completior/Occupancy or obtaining a Demolition Permit, ircpections and Certificate of
Completior:,/Occupancy on or before January 25,2018 or a lhe of$250.00 per day will be imposed for
each day the violatioo remains thereafler.
Based upon the foregoing Findings ofFact and Conclusions oflaw, and pursuant to the authority ganted in
Chapter 162, Florida Statutes, and Collier Counry Ordinance No.2007-44, as amended, it is hereby ORDERED:
A. Respondert is found guilty ofviolating Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)( 1)(a).
Order
the Code
the
hearing by certified
4. The real property located at 217 N. 15'tSt., Immokalee, FL, Folio # 00131360004 (Legal: 5 47 29 N 132 FI
ofE 7, OF NE % OF SE % OF NE %, LESS N 30 FT FOR R.rW .73 AC) is in violation of Collier County
Land Development Code 04-41, as amended, Section 10.02.06(8)(1)(a) in the following particulars:
Unpermltted exterior alterations behg conducted to a structure on occupled commercial property.
5. The violation has not been abated as ofthe date ofthe hearing.
6.A.4.a
Packet Pg. 126 Attachment: CESD20160007274 Real EST Holdings of Tienda Mexicana Inc IOF (5092 : CESD20160007274 Real EST Holdings of Tienda Mexicana
*** oR 5446 PG 3534 ***
C' If Respondent fails to comply with this Order, the Collier County Code Enforcement Departrnent may
abate
D. the violation using any method to bring the violation into compliance. If necessary, the County may request
the services of the Collier County Sheriff s Office for the purpose of accessing the property for abatement.
All costs of abatement shall be assessed against the property.
E. Respondent is ordered to pay operational .costs for the prosecution of this case in the amount of $65.36 on
or before November 26,2017,
F. Respondent shall noti$r the Code Enforcement Investigator of this case within 24 hours of abatement or
compliance so that a frnal inspection may be performed to confirm compliance.
DONE AND ORDERED this ?r day of Novt 2017 at Collier County, Florlda.
BOARD
:..
I
STATE OF FLORIDA )
)SS:
couNTY oF CoLLIER)
The foregoing instiument was
Florida, who is
as identification.
Danny
Any fines ordered to be pursuant to this Order may be paid at the Collier County Code
Enforcement 2800 North Horseshoe Drive,Naples,FL 34104, Phone: (239) 252-2440, Website:
www.colliergov.net. Any release of lien or confirmation of
obligations of this Order may also be obtained at this location.
compliance or confirmation of the satisfaction of the
4'PPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (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 recoid created within the original hearing. It is the responsibiliry of the appealing party ro obtain a
transcribed record of the hearing from the Clerk of Courts. Filing aa Appeal will not automatically stay the Board's
Order.
CERTIF'ICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy
Holdings of Tienda Mexicana, Inc., 3740 Lawson BIvd.,
Stare or?ffr7oa
of this ORDER has been sent by U. S. Mail to Real Est.
DelrayBeach, FL 33445 this ?- duyof
-M_,
Code
6.A.4.a
Packet Pg. 127 Attachment: CESD20160007274 Real EST Holdings of Tienda Mexicana Inc IOF (5092 : CESD20160007274 Real EST Holdings of Tienda Mexicana
COLLTER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, petitioner
CEB CASE NO. CESD2O160O07274
vs.
REAL EST HOLDINGS OF TIENDA MEXICANA INC, Defendanr(s)
AFFIDAVIT OF NON.COMPLIANCE
STATE OF FLORIDA
COT]NTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Steven Lopez-Silvero, Code Enforcement Official forthe Code Enforcement Board of Collier County, who after being fully swom, deposes and says:
l' That on October 27,2017, the Code Enforcement Board held a hearing and issued an Order in theabove-styled matter as stated in the Order recorded in the public records oicolli", County, Florida in ORBook 5446 PG 3533.
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on January 26th,201g.
4' That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not incompliance.
FURTHER AFFIANT SAYETH NOT.
DATED this 29th day of January ' 2018'
.'LLIER couNTy. FL'RIDA
CODE BOARD
Steven Lopez-Silvero
Code Enforcement Offi cial
STATE OF FLORIDA
COTINTY OF COLLIER
Sworn to (or affirmed)and subscribed before me this .l;!"r ii 'day of 20 I 8 by Steven Lopez-Silvero. -)t-!.
--
of Norary Pubtic) (CRISTII,IA B. PEREZ
MY COMMISSIoN t FF 172144
EXPIRES: Oclobel 28' 2018
Bonded Iiru Eudgtt Nohry Sefl htN
*ffi
(Print/Type/Stamp Commissioned Name of Notary public)
Personally known ./
6.A.4.a
Packet Pg. 128 Attachment: CESD20160007274 Real EST Holdings of Tienda Mexicana Inc IOF (5092 : CESD20160007274 Real EST Holdings of Tienda Mexicana
Code Enforcement Meeting: 03/22/18 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 # 5093) DOC ID: 5093
Updated: 3/12/2018 10:02 AM by Danny Blanco Page 1
CESD20170008234 11222 Tamiami LLC Imposition of Fines
CASE NO: CESD20170008234
OWNER: 11222 Tamiami LLC
OFFICER: Jonathan Musse
VIOLATIONS: Collier County Land Development Code, 04-41, as amended,
Section 10.02.06(B)(1)(a) and 10.02.03(B)(5). Dumpster placed
on a different location on the property and without a wooden
enclosure which is required according to the Site Development
Plan No. 91-83.
FOLIO NO: 60783240004
VIOLATION 11222 Tamiami Trail East, Naples
ADDRESS:
6.A.5
Packet Pg. 129
COLLIER COUNTY CODE ENFORCEMENT BOARI)
IMPOSITION OF FINES/LIEN HEARING
CEB CASE NO. CESD2O17OOO8234
Hearing Date: 0312212018
Board of County Commissioners vs. 11222 Tamiami LLC
Violation(s): Collier County Land Development Code, 04-41, as amended, Section
1 0.02.06(B)(1 Xa) and 1 0.02.03(BX5).
Location: 11222 TAMIAMI TRL E, NAPLES Folio: 60783240004
Description: Dumpster placed on a different location on the property and without a wooden
enclosure which is required according to the side development plan No. 91-83.
Past
Order(s):On October 27,2017, 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 5446 PAGE 3527, for more information.
The violation has not been abated as of March22,2018.
FINES AND COSTS TO DATE ARE AS FOLLOWS:
Fines have accrued at a rate of $ 100.00 per day for the period from January 26,2018 to March
22,2018. (56 days) for a total fine amount of $5,600.00
Fines continue to accrue
Previously assessed operational costs of $66.27 have not been paid.
Operational Costs for today's hearing: $59.35
Total Amount: $5.725.62
6.A.5.a
Packet Pg. 130 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNW COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20170008234
VS
11222 TAMIAMI LLC, Respondent(s)
NOTICE OF HEARING
RE: IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code
Enforcement Board on the following date, time, and place for the violation below:
DATE:03t22t2018
TIME:09:00 AIM
PLACE:3299 Tamiami Trail East Building F, Naples , FL 34111
VIOLATION:Legacy SDP Required 10.02.03(8)(5) and 10.02.06(BX1)(a)
LOCATION OF VIOLATION : 1 1 222 T amiami TRL E, Naptes
SERVED:11222 TAMIAMI LLC, Respondeni
Jonathan Musse, lssuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING GONFERENCE.
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 Telepho ne
IF YOU ARE A PERSON WTH A DISABILITY \M-IO 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 IUANAGEIUENT DEPARTMENT LOCATED AT 330,1 EAST TAMIAMI TRAIL, NAPLES FLORID
34112 (239)774.8800i ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNry COMMISSIONERS.OFFICI
antendimi€nto con las mmunicaciones de este evento. Por tavor traiga su propio traductor.
Avetisman - Tout odisyon yo fAt an angl6. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angl6 tanpri vini avdk yon intepret pou pal6 pou{u.
6.A.5.a
Packet Pg. 131 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
INSTR 5467926 oR 5446 , pc 3527 RECoRDED LL/7/2OL7 1:01 pM pAGEs 4
DWTGHT E. BRocK' CLERK oF THE CIRCUIT coURT, COLLIER coUNTY FLORIDAREc $35. 50
COLLIER COI]NTY CODE ENF'ORCEMENT
CODE ENTORCEMENT BOARD
Case No. - CESI)20170008234
BOARD OF COI]NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
Petitioner,
vs.
IIa2?TAMJAMI LLC,
Respondent.
THIS CAUSE came on for on October 27 ,2017 , and the
Code Enforcement.Board, having heard argument respective to all
appropriate matters, hereupon Board, as follows:
l. Respondent,11222
2. Respondent was notified of and the Code Enforcement
Board has jurisdiction ofthis
3
i
At the hearing, the Respondent is attached hereto as Exhibit "A". The
Stipulation is adopted as an Order of the
comply.
Board and the Respondent is ordered to
4. The real property located at 11222 Tamiami Trail East, Naples, FL 34112, Folio # 60783240004 (Legal,
Description: MYK-TLE COVE ACRES BLKD, LOT 8, OR 1617, PG 959) is in violation of Collier County
Land Development Code 04-41, as amended, Section 10.02.06(BX1)(a) and 10.02.03 (BX5) in the following
particulars:
Dumpster placed on a different Iocation on the property and without a wooden enclosure which is required
according to the site development plan #91-83.
5. The violatLn has not been abated as ofthe date ofthe public hearing.
i onnrR
Based up6n the foregoing Findings ofFact and Conclusions oflaw, and pursuant to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby ORDERED:
A. Respondent is found guilty of violating of Collier County Land Development Code 04-41, as amended,
Section 1 0.02.06(BXiXa) and I 0.02.03(BX5).
Respondent must abate all violations by obtaining all required Collier Counry Building Permit(s)
inspections and certificate ofcompletion for a dumpster enclosure and relocate the dumpster to that location
by January 25,2018 or a fine of$100.00 per day per day will be imposed until the violation is abated.
B
by
is the owner
6.A.5.a
Packet Pg. 132 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
oR 5446 PG 3528
C. If Respondent fails to comply with this Order, the Collier County Code Enforcement Department may
abate the violation using any method to bring the violation into compliance. If necessary, the County may
request the services of the Collier County Sheriff s Offrce for the purpose of accessing the property for
abatement. All costs of abatement shall be assessed against the property,
D. Respondent is ordered to pay operational costs for the prosecution of this case in t}re amount of $66.27 on
or before November 2612018,
E. Respondent shall notifi the Code Enforcement Investigator of this case within 24 hours of abatement or
complianee so that a final inspection may be performed to confirm compliance.
DONE AND ORDERED this A-u",N"L ,2017 at Collier County, Florida.of
CODE BOARD
STATE OF FLORIDA )
)SS
COUNTYOF COI,LIER)
The foregoing insfirment was
Florida, who is
as identification.
Danny
Commlsslon
ExplreE:
Eondedlhru
PAYMENT OF FINES: Any fines be paid at the Collier County Code
Enforcement Departrnent, 2800 North 104, Phone: (239) 252-2440, Website:
www.colliergov.net. Any release
obligations of this Order may also
of lien or
be obtained at
or confirmation of the satisfaction of the
APPEAL: Any aggrieved parfy may appeal a final order of the Board to the Circuit Court within thirty (30) days of
the execution of th'e Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate
review ofthe record created within the original hearing, It is the responsibility ofthe appealing party to obtain a
transcribed record'of the hearing from the Clerk of Couis. Filing an Appeal wiil not automaticall-ystay the Board's
order' ''
"ERTIF'ICATE
oF
'ER'ICE
I HEREBY CERTIFY that a ffue and
LLC, clo its Registered Agent, Ronald S. '
day ofNovember,2017.
. correct copy of this ORDER has been sent by U. S. Mail to l1222Tamig4li
Webster, PA,979 North Collier Blvd., Marco Island, FL 341a5 this il
State of Florida
County of COLL[ER.."
My
pursuant to
DWIGHT
Code
6.A.5.a
Packet Pg. 133 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
oR 5446 PG 3 529
BOARD OF COUNTY COMI\iIISSIONERS
Collier County, Florida
Petitioner,
VS Case No. CESD20170008234
11222 Tamiami LLC
Respondent(s),
STIPU LATION/AGREEMENT
COMES NOW, the undersigned, 11222 f amiami LLC, on behalf of himself or
representative for Respondent and enters into this Stipulation and Agreement wlth Collier County as to the
resolution of Notices of Violation in reference (case) number CESD20170008234 dated the 14m day of July,
2017.
ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for October 27 ote efficiency in the administration of the code
enforcement process; and to obtain a q utc lution of the matters outlined therein the
parties hereto agree as follows:1) The violations noted in the refere te and I stipulate to their existence
Dumpster placedl on a differe out a wooden enclosure which is
required according to the site d
THEREFORE, it is agreed between
1) Pay operational costs in the
days of this hearing.
2) Abate all violations by:
or
3) Obtaining all required Collier it(s), inspections, and Certificate of
Completion, for' a dumpster enclo ter to that location within '10 days ot
this hearing or a fine of $100.00 per the violation is abated.
4) Respondenl must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investioator oerform a site inspection to confirm compliance
t24 hours notce-shatt be oy phone or fax and rrad; dudng t1e workweek ll lh6 vbt,Uon is abatEo 24 hours pnor 1o a Saturday, S,Jnday or legal
holaday,lhen the noUlicalion must be made on tho nex dayihatis not 3 satuday. Sunday orlegalholiday )
5) That if the Respondent fails to abate the violation the County may abate the violation using any method
to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office
to enfoice the provisions of this agreement and all costs of abatement shall be assessed to the property
v\)
on of thls case within 30
Supervisor la;.'c Sk-ln)
for Michael Ossorio, Director
Code Enforcement Division
)r..t.-&,J.
Respondent or Representative (print
to/
ice of Violation a
e property
o
approva ls, buildi
Date
\o \21 \rr-
Date
L) l2.otl
REV 3-29-16
owner.
P,lA'
6.A.5.a
Packet Pg. 134 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
*** oR 5446 PG 3530 ***
Sr3
From: Jack Hynes jhynesivillage@glnail.com
Subject:
Date: June 21, 2O1Z at 11 :44 AM
To: stephen purciello stephenpurciello@mac.com ffi
Collier County Code Enforcement,
Please allow Stephen Purciello to act as the agent tor tt22?Tamlami LLC
at the code enforcement hearings on 6122l17.
Thank you,
Jack Hynes
6.A.5.a
Packet Pg. 135 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
vs
COLLIER COUNTY, FLORJDA
CODE ENFORCEMENT BOARD
CEB CASE NO. CESD2OI7OOO8234
COLLIERCOTINTY
BOARD OF COI-INTY COMMISSIONERS, Petirioner
I I 222 T ANll ANII LLC, Defend ant(s)
AFF'IDAVIT OF' NON.COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on October 27, 2077, 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 5446 pG 352]. _.
2. That the respondent did contact the investigator.
3. That a re-inspection was performed on January 26,2018.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: Dumpster enclosure has not yet been constructed nor has the
builing permit been issued.
FURTHER AFFIANT SAYETH NOT.
DATED this 26th day of January,2018
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
Jonathan M
Code
STATE OF FLORIDA
COUNTY OF COLLIER
,htr 36{LSworn to and before me
(Signature
(PLint/Type/Stamp Commissioned Name of Notary public)
Personally known {
day of January, 201 8 by Jonathan Musse
uafioy dEllct
Commisiut#ffi8454b
Ex0ires: April21,2020
Bonded thru Aaron l{otar,
6.A.5.a
Packet Pg. 136 Attachment: CESD20170008234 11222 Tamiami LLC IOF (5093 : CESD20170008234 11222 Tamiami LLC Imposition of Fines)
Code Enforcement Meeting: 03/22/18 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 # 5097) DOC ID: 5097
Updated: 3/12/2018 1:57 PM by Danny Blanco Page 1
Rules and Regulations Review
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.1
Packet Pg. 137
COLLIER COUNTY
CODE ENFORCEMENT BOARD
RULES AND REGULATIONS
ARTICLE I
Name
The name ofthis Board shall be the Collier County Code Enforcement Board.
ARTICLE II
Jurisdiction
The Board hasjurisdiction over those matters which are set forth in all ordinances ofCollier
County, Florida.
ARTICLE III
Officers and Their Duties
Section l . The officers shall consist of a Chair and Vice-Chair, both of whom shall be
permanent members. There shall also be a Secretary to the Board who shall be an employee of
Collier County, Florida.
Section 2. The Chair shall preside at all meetings and hearings ofthe Board and shall
have the duties normally conferred by parliamentary usage of such officers.
Section 3. The Chair shall have the privilege ofdiscussing all matters before the Board
and shall have the same voting rights as all Board members.
Section 4. The Vice-Chair shall act in the absence ofthe Chair.
Section 5. The full board and altemates may participate in the election process and vote,
although the alternates may not serve as officers.
ARTICLE IV
Electio n of Officers
Section l. Nomination of the Chair and Vice-Chair shall be made from the floor at the
annual organization meeting in March of each year, and the election shall be held immediately
thereafter.
I
7.1.a
Packet Pg. 138 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Section 2. A candidate receiving a majority vote shall be declared elected and shall serve
a term ofone (l) year, or untila successor shall take office.
Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by
regular election procedures.
Section 4.
with or without cause.
The Chair or Vice-Chair may be removed by a super majority of the board
ARTICLE V
Board
Section L The Code Enforcement Board shall consist of seven (7) members and two (2)
altemates. An alternate shall be designated to fill any regular member vacancy at any meeting with
full voting rights.
Section 2. Regular Meetings. Regular meetings ofthe Code Enforcement Board shall be
held on the fourth Thursday, and/or at other times as needed, and determined by the Board, in the
Collier County Commission Chambers or public venue as available. The chambers will be open to
the public at 8:30 A.M. The board may begin the public po(ion of the meeting at 9:00 A.M.
Section 3. Special Meetings. Special meetings ofthe Board may be convened by the
Chair upon giving notice thereofto each other member ofthe Board or by written notice signed by at
least three (3) members ofthe Code Enforcement Board.
Section 4: Notices.
a. Notice ofa Special Board meeting shall be given to all Board members at
least forty-eight (48) hours in advance ofthe meeting. At any meeting, the Board may set a
future meeting date.
Section 5. Attendance.
a. Members shall notify the Chair or Secretary to the Board ifthey cannot attend
a meeting.
b. If a member misses two (2) successive board meetings without a satisfactory
excuse, he/she may forfeit his/her appointment.
c. Attendance shall be in person and may not occur through any form of
electronii medium.
Section 6. Quorum. A quorum ofthe Board shall consist offour (4) members and an
affirmative vote of a majority ofthose present and voting shall be necessary to pass any motion or
adopt any order. For example, if four members are present, an affirmative vote of three of those
members present shall be sufficient to take Board action.
2
7.1.a
Packet Pg. 139 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Section 7. Voting.
a. Voting shall be by voice vote, or show of hands, if necessary, and may be
recorded by individual (or group).
ARTICLE VI
Order of Business
l. Pledge of Allegiance
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
5. Public Hearings,Motions
A. Motions
B. Stipulations (Non Contested Cases who are present at the hearing)
C. Hearings
a. Contested Cases by Respondents who are present at the hearing
b. Cases of Respondent not present at the hearing
D. Motion for Reduction/Abatement of Fines/Liens
E. Motion for Imposition of Fines/Liens
6. Old Business
7. New Business
8. Consent Agenda
A. Request to Forward Cases to County Attorney's Office
9. Reports
10. Comments
I I . Next Meeting Date
12. Adjourn
The order ofbusiness may be suspended by a vote ofthe majority ofthose members
present
7.1.a
Packet Pg. 140 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
ARTICLE VII
Initiation of Actio Before the Board
Section l. All actions before the Board shall be initiated by a Code Enforcement
Investigator filing an Affidavit of Violation, which shall include a statement of the facts and
circumstances of the alleged violation and shall identify the code or ordinance, which has been
violated with the Secretary to the Board. No member of the Board may initiate action before the
Board.
Section 2. The Secretary to the Board shall assign a file number to each case and
schedule a hearing.
Section 3. The Secretary to the Board shall send out a Notice ofHearing along with a
Statement of Violation and a copy ol the Rules and Regulations to the alleged violator by either
certified mail return receipt requested, hand delivery upon a party, posting on the property and at the
courthouse, or in any manner authorized as provided by the Ordinance establishing the Code
Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement
lnvestigator and the alleged violator as herein provided at least ten ( l0) days prior to the hearing at
which the alleged violator's case will be presented to the Board. Acopyof saidNoticeshall be sent
to the attorney for the Board, the supervisor ofthe Code Enforcement Investigator involved, and the
Code Enforcement Investigator involved.
Section 4. The Notice of Hearing shall inform the alleged violator that he or she is
permitted to provide an answer/response packet of information to the Secretary to the Board for
distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator
shall submit the charging packet of information detailing the alleged violation(s) to the Secretary of
the Board at least fifteen (15) business days prior to the Board Hearing. In order to have the
information submitted to the Board Members, the alleged violator should submit fifteen (15) copies
of his or her information to the Secretary to the Board five (5) business days prior to the scheduled
hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than
three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be
delivered to the alleged violator along with the Notice ofHearing. The Secretary to the Board shall
not deliver the charging packet to the Board Members until he or she receives the alleged violator's
answer/response packet or until the deadline by which the alleged violator's packet of information
must be received by the Secretary to the Board has passed. Ifthe alleged violator timely delivers his
or her evidentiary packet to the Secretary to the Board, the Secretary to the Board shall deliver all
packets together.
Section 5. In emergency situations, the timelines set forth in this paragraph can be
abbreviated or set aside to address the alleged violation in order to avoid further damage to the
health, safety and welfare ofthe citizens of Collier County, Florida.
4
Revised l1l2lil17
7.1.a
Packet Pg. 141 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Prehearinq Procedures
Section l. Pre-hearing meetings between parties.
The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing
conference prior to the scheduled hearing. At the prehearing conference the following may occur:
a. The RespondenValleged violator may be asked if he/she wishes to contest the
violations. If so, the case shall be placed on the agenda as stated in Article VI.
b. The parties may stipulate to an agreed Order, to be approved by the Board.
c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into
the record, which are not in dispute.
d. The names and addresses of witnesses to be called may be exchanged.
Any facts or evidence stipulated to shall be presented to the Board Members along with any
prehearing evidentiary packets or agreements either party intends to provide to the Board Members.
Section 2. Prehearing Motions.
Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator
shall be delivered to the Board's Attomey or the Boards Secretary and the opposing party, or their
counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the
motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's
Attorney will then distribute the motions to the Board Members. The Board may waive the
requirements set forth in this paragraph under exceptional circumstances.
Hearings
Formal rules of evidence shall not apply, but fundamental due process shall be observed.
The Board is without jurisdiction to hear any statement, argument or evidence alleging that any
provision ofthe county's ordinances is unenforceable due to conflict with the Constitutions ofthe
United States or State of Florida, Florida Statutes, administrative agency regulations, other county
ordinances, or court decisions. The following procedures will be observed at hearings before the
Board:
a. In a non-contested case the only evidence heard shall be the statement ofthe violation
and any stipulated agreement, unless additional information is requested from the Board.
b. Where notice of hearing has been provided in accordance with Florida Statutes,
Section 162.12, a hearing may proceed in the absence ofthe Respondent.
5
Reviscd 3/23./17
ARTICLE VIII
ARTICLE IX
7.1.a
Packet Pg. 142 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
c. The Secretary to the Board shall read the statement of violation against the
Respondent/alleged violator.
d. The Respondent/alleged violator shall state his/her full legal name. The Board may
ask for the mailing address and physical residence.
e. Ifthe Respondent/alleged violator is not present and is represented by a person other
than an aftorney, the Respondent may submit a notarized letter to the Chair ofthe Board granting that
individual permission to represent him/her at the hearing. The individual must also testify at the
hearing, under oath, to represent the Respondent and capacity of their representation.
f. Presentations of a case may be limited to twenty (20) minutes per party, including
testimony ofall witnesses. If the Respondent believes that additional time is required, he/she may
notify the Board Secretary priorto the scheduled hearing. The Board shall determine if additional
time shall be allowed.
g. Any evidence which is sought to be introduced by a party during the party's
presentation is admitted at the discretion ofthe Board and may be objected to by the opposing side.
If necessary the Board may grant a recess or continuance to examine said evidence.
h. All persons testifying before the Board shall do so under oath.
i. Each side may be permitted to make brief opening statements, if requested. The
County shallpresent its case and RespondenUalleged violator shall present his/her case. Both pafties
shall have an opportunity to cross-examine any person testifying.
j. Any person who can provide relevant evidence to support that a violation has or has
not occurred and wishes to testify should notify the Board Secretary prior to commencement ofthe
public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a
majority vote of the Board.
k. The Board or its attorney may question any witness(es) or call any witness(es) as
necessary.
l. The right ofthe parties to present rebuttal evidence is discretionary with the Board.
m. Upon completion of all the evidence, each side may be permitted to make brief
closing arguments and the Chair shall close the hearing.
n. The Board shall deliberate in open session before the public and determine whether
the County has proven by competent substantial evidence that a violation has occurred. Ifthe Board
determines that a violation has occurred, it shall then deliberate and determine what corrective action
and potential fines shall be appropriate. Ifthe Board does not find that a violation has occuled, the
charges shall be dismissed.
o. The Board, upon finding a Respondent in violation, shall issue an oral Order to
comply, setting a date certain for compliance. The order shall contain Findings of Fact and
Revised 3/23l17
6
7.1.a
Packet Pg. 143 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Conclusions of Law and state the corrective action granted by the Board. The Board may include in
such Order a fine to take effect the day following the specified compliance date in case of non-
compliance. In determining the amount ofthe fine, if any, the Board shall consider the following
factors: ( I ) the gravity of the violation; (2) any actions taken by the violator to correct the violation;
(3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine
shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the
specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day
the violation continues past the specified compliance date. In addition, the Respondent/violator
shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be
reduced to writing and be mailed to the Respondent/violator within ten ( l0) days.
p. In the event the violation is a violation described in Section I 62.06(4), Fla. Stat., the
Board shall notily the County Manager, which may make all reasonable repairs required to bring the
property into compliance and charge the violator with the reasonable costs ofrepairs along with the
fine and any operational or prosecutorial costs.
q. A party may motion a rehearing ofthe Board's Order, based only on the ground that
the decision was contrary to the evidence or that the hearing involved an error on a ruling of law,
which was fundamental to the decision of the Board. The wriften Motion for Rehearing shall specily
the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to
the Board within ten ( I 0) days of the date the order is received by the party, but in no event more
than twenty (20) days from the date of mailing ofthe Order. TheOrderofthe Boardshallbe stayed
and the time fortaking an appeal tolled untilthe Motion for Rehearing has been disposed ofand the
decision received by the parties; provided, however, that in no event shall the order be stayed for a
period longer than twenty (20) days from date ofthe mailing ofthe rehearing decision.
r. The Board shall make a determination as to whether or not to rehear the matter and its
decision shall be made at a public meeting, reduced to writing and mailed to the interested parties
within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it
may: ( I ) Schedule a hearing where the parties will be given the opportunity ofpresenting evidence or
argument limited by the Board to the specific reasons for which the rehearing was granted; or (2)
Modify or reverse its prior order, without receiving further evidence, providing that the change is
based on a finding that the prior decision ofthe Board resulted from a ruling on a question of law
which the Board has been informed was an erroneous ruling.
s. Any aggrieved party may appeal a final Order ofthe Board to the Circuit Court within
thirty (30) days ofthe execution ofthe order appealed. An appeal shall not be a hearing de novo (a
new hearing), but shall be limitedto appellate reviewof the record created. FilinganAppeal shall
not stay the Board's Order.
Revised 3/23l17
7
7.1.a
Packet Pg. 144 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Section I . A Motion for Reduction or Abatement of Fines may be in the form of a
written request. The Motion should contain the following information: (a) name, and address of
named Respondent; (b) names ofall owners ofthe property which is the subject ofthe violation; (c)
physical address ofsubject property; (d) nature ofviolation; (e) description ofabatement ofviolation
and date of abatement; (ln the event that the violation cannot be abated by Respondent, the
Respondent shall include in the Motion for Reduction/Abatement ofFines a detailed description of
the effo(s undertaken for abatement and an explanation as to why the violation cannot be abated,
and provide support documentation to that effect); (f) mitigating factors which Respondent believes
warrants a reduction or abatement of fines; (g) and other factors that may be considered by the
Board; (h) signature ofRespondent; and (i) all supporting documentation. The Respondent should
provide the Secretary to the Board a copy ofthe Motion for Reduction/Abatement ofFines, attaching
all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a
violation has been abated and all operational costs and County Abatement costs, ifapplicable, have
beenpaid or in the event a violation cannot be abated, after a diligent attempt to abate the violation
in accordance with the Board's Order has been made. Under no circumstances may a Motion for
Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County
Attorney's Office.
Section 2: Upon proper filing ofa Motion, the Secretary to the Board shall set the Motion
on the next available agenda of the Code Enforcement Board. The failure of the respondent to
comply with the requirements set forth above may be grounds for dismissal of the Motion by the
Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file
another motion accordance with these Rules.
Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the
Board may consider the following factors; (a) the gravity ofthe violation; (b) actions taken by the
Respondent to correct the violation; (c) whether there were previous violations committed by the
violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to
correct the violation; (f) the value of the real estate compared to the amount of fineilien; (g) any
hardship the fine/lien would cause on the Respondent; (h) the time and cost incured by Code
Enforcement to have the violation corrected and (i) any other equitable factors which would make
the requested mitigation appropriate.
Section 4 The Respondent shall have the burden ofproofto show why a fine/lien should
be reduced or abated. The hearing shall be conducted according to Article IX ofthese Rules, where
applicable.
Section 5. The Board will not re-hear a motion for reduction offines once a decision has
been reached on a previous motion for reduction of fines.
8
Revised 3/23l17
ARTICLE X
Reduction or Abatement of Fines Prior to Imposition of Fine
7.1.a
Packet Pg. 145 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Section 6. The Board's decision to grant or deny mitigation of an Order Imposing
Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be
recorded in the public records and thereafter shall constitute a lien against the land on which the
violation exists and upon any other real property or personal property owned by the violator. Any
aggrieved party may appeal a final order to the Circuit Court within (30) days ofthe execution ofthe
Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to
appellate review ofthe record created. Filing an Appeal shall not stay the Board's Order.
ARTICLE XI
Section l. After an Order has been issued by the Board and a date ofcompliance has
been set, the Code Enforcement Investigator shall make a re-inspection to determine compliance or
non-compliance with the Order of the Board.
Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or
Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the
violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The
Secretary to the Board shall report the status of the said affidavit at the next scheduled Board
meeting.
Section 3. Upon Motion for Imposition ofFines being filed by the County, the Board shall
set the Motion for hearing with proper notice to the Respondent. Any Motion for
AbatemenL{Reduction ofFines shall be set on the same date for hearing ofthe County's Motion when
received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original
case. The County may present evidence on the period of non-compliance, the amount ofdaily fines
and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be
imposed. Respondent may be given the opportunity to present any written Motion for
Abatement/Reduction of Fines and any testimony in support thereof. Respondent may also, at the
discretion ofthe Board, be given the opportunity to present testimony regarding efforts made toward
compliance and abatement, which may be considered as mitigation circumstances. In rebuttal, the
county may be given the opportunity to present testimony regarding aggravating circumstances.
Section 4. The Board shall determine the amountoffines applicable to be imposed. In
determining the amount ofthe fines, ifany, the Board shall consider the following factors; (l) the
gravity ofthe violation; (2) any actions taken by the violator to correct the violation; (3) any previous
violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed
One Thousand Dollars ($ I ,000.00) for each day the violation continues past the specified compliance
date and Five Thousand Dollars ($5,000.00) for repeat violations lor each day the violation continues
past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any
operational and/or prosecution costs incurred. In the event that the violation(s) has,4rave not been
abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if
9
Revised 3/23117
Imposition of Fines
7.1.a
Packet Pg. 146 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
daily fines shall continue to accrue or ifa stay is appropriate. The Board's determination to impose
operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing
Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified
by the Ordinance and recorded in the Public Records of Collier County, Florida.
Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the
public records and thereafter shall constitute a lien against the land on which the violation exists and
upon any other real property or personal property owned by the violator. Upon petition to the Circuit
Court, such Order may be enforced in the same manner as a cou(judgment by the sheriffs ofthis
State, including levy against personal property, but shall not be deemed to be a court judgment
except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until
the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien fi led
pursuant to the ordinance, whichever comes first. After three (3) months from the filing ofany such
lien, which remains unpaid, the Board may authorize the attorney representing the Board ofCounty
Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be
foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida
Constitution.
Section 6. No lien imposed pursuant to this article shall continue for a period longer than
twenty (20) years after the certified copy ofan Order of Imposition ofFine/Lien has been recorded,
unless within that time an action to foreclose on the lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs,
including a reasonable attomey's fee that it incurred in the foreclosure.
ARTIC LE XII
Miscellaneous
Section L These Rules and regulations may be revised and adopted consistent with the
state statutes and county ordinances during a regular meeting by the affirmative vote ofa majority of
the full Board, including altemates, provided notice ofa proposed change is given to the Board at a
preceding regular meeting.
Section 2. No Board member shall knowingly discuss any case with any alleged violator
or with each other or with any other interested party prior to the final resolution ofthe case by the
Board.
Section 3. ln the event that a violation is occurring on property under multiple
ownership and/or in which there is a tenant and there is potential that the other property
owner(s)' or tenant(s)' interest will be affected by the Board's decision, the code Enforcement
Investigator may include the property owner and/or tenant as Respondent to the case.
Section 4. Intervention by non-parties may be permitted ifthe non-party has been
found by the Board to be an affected party.
Revised 3/23117
l0
7.1.a
Packet Pg. 147 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Section 5. The Board, at its discretion, may ask for periodic reports from County
Staffas to the status ofcases.
Section 6. In the event ofa conflict between these Rules and regulations and the
provisions ofany ordinance(s) or statute(s) applicable to the Code Enforcement Board, the
provisions of the ordinance(s) or statute(s) shall prevail.
Section 7. Any case in which there has been a hearing by the Board prior to the
adoption ofthese Rules and Regulations shall be governed by the previously adopted rules and
regulations in effect at the time ofthe hearing.
THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this
6Ril auyor Apri I 2017.
L<
bert Ka u alr
ral
Herminio Ortega,rnate
Lio I L'E sperance
bert C. Ashton
Sue rley
thleen Elrod, Alternate
es Lavinski,rce-
Revised 3/23l17
ll
COLLIER COUNTY CODE ENFORCEMENT BOARD
7.1.a
Packet Pg. 148 Attachment: Code Enforcement Board Rules and Regulations (5097 : Rules and Regulations Review)
Code Enforcement Meeting: 03/22/18 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 # 5098) DOC ID: 5098
Updated: 3/12/2018 2:02 PM by Danny Blanco Page 1
Board Chairman and Vice-Chairman Elections
CASE NO:
OWNER:
OFFICER:
VIOLATIONS:
FOLIO NO:
VIOLATION
ADDRESS:
7.2
Packet Pg. 149