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CESM Agenda 06/01/2018 Special Magistrate Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 June 01, 2018 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. I. CALL TO ORDER-SPECIAL MAGISTRATE BRENDA GARRETSON PRESIDING II. APPROVAL OF AGENDA III. APPROVAL OF MINUTES IV. MOTIONS A. MOTION FOR CONTINUANCE B. MOTION FOR EXTENSION OF TIME V. STIPULATIONS VI. PUBLIC HEARINGS A. HEARINGS 1. CASE NO: CEEX20180007174-PR59268 OWNER: Lisa Brink OFFICER: Park Ranger K. Klas VIOLATIONS: Failure to display valid parking sticker PR 130-66. FOLIO NO: VIOLATION ADDRESS: NGSA Lot 2. CASE NO: CEEX20180006860-PU5395 OWNER: Taylor Morrison Esplanade Naples LLC OFFICER: R. Goldsboro VIOLATIONS: PU Backflow Tampering 134-62, Section 1.9. Back leg of the RPZ pulled out of ground and twisted outward, illegal tampering creating a Health, Safety, Welfare Issue. FOLIO NO: 31347552882 VIOLATION 9405 Terresina Dr., Naples, FL ADDRESS: 3. CASE NO: CEEX20180007072-SO185603 OWNER: John C. Wolner OFFICER: Deputy D. Eliasek VIOLATIONS: Car in Fire Lane SO 130-66 FOLIO NO: VIOLATION ADDRESS: 4. CASE NO: CEPM20180000353 OWNER: Naim Vuthaj OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(2). Breakage in kitchen plumbing pipe. FOLIO NO: 61736800005 VIOLATION 2255 Della Dr., Naples, FL ADDRESS: 5. CASE NO: CELU20170005146 OWNER: 27th Pico Boulevard Limited Partnership OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03, Section 1.04.01(A), and Section 10.02.06(B)(1)(a). Environmental Turkey Solutions LLC has significantly increased the activity of composting, transfer, and processing of vegetative debris and is no longer in compliance with the December 2012 Zoning Certificate. Unpermitted structures were also observed, including but not limited to, (2) office type trailers, (2) shed type structures, and a canopy type structure. FOLIO NO: 00209240001 VIOLATION 16000 Immokalee Rd., Naples, FL ADDRESS: 6. CASE NO: CEPM20180003726 OWNER: Robin Okolski OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 52399800008 VIOLATION 145 Capri Blvd., Naples, FL ADDRESS: 7. CASE NO: CEPM20170019484 OWNER: Bradford Baldwin OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c) and 22-231(12)(n). Roof in disrepair, Carport in disrepair, exterior siding in disrepair. FOLIO NO: 49532640009 VIOLATION 23 Creek Cir., Naples, FL ADDRESS: B. EMERGENCY CASES VII. NEW BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES B. MOTION FOR IMPOSITION OF FINES AND LIENS 1. CASE NO: CENA20170013694 OWNER: Elias Valencia OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Weeds over 18 inches. FOLIO NO: 38101960008 VIOLATION 2930 70th ST SW, Naples, FL ADDRESS: 2. CASE NO: CESD20170015145 OWNER: Carlos A. Rojas PA OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged pool enclosure on the property without a valid Collier County permit that is required for the repairs or replacement. FOLIO NO: 55100800003 VIOLATION 255 Pine Valley Cir., Naples, FL ADDRESS: 3. CASE NO: CEPM20170016043 OWNER: Rita Martino OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Private pool enclosure in disrepair. FOLIO NO: 53953720002 VIOLATION 304 Nason Ln., Naples, FL ADDRESS: 4. CASE NO: CEOCC20170017438 OWNER: Tylinski Properties LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b). Operating a pottery business without first obtaining a valid Collier County business tax receipt. FOLIO NO: 60782160004 VIOLATION 11342 Tamiami Trl E, Naples, FL ADDRESS: 5. CASE NO: CESD20170001945 OWNER: Pelican Ridge of Naples Association Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Replaced railroad tie retaining wall with brick paver, retaining wall without obtaining a required Collier County Permits. FOLIO NO: 67390720004 VIOLATION 800 Meadowland Dr, BLDG 23 and 24, Naples, FL ADDRESS: VIII. OLD BUSINESS A. MOTION TO AMEND PREVIOUSLY ISSUED ORDER B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER IX. CONSENT AGENDA A. REQUEST FOR SPECIAL MAGISTRATE TO IMPOSE NUISANCE ABATEMENT LIENS ON CASES REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. B. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY. X. REPORTS XI. NEXT MEETING DATE - FRIDAY JULY 6, 2018 AT 9:00 A.M. XII. ADJOURN Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5728) DOC ID: 5728 Updated: 5/21/2018 9:41 AM by Danny Blanco Page 1 CEEX20180007174-PR59268 Brink CASE NO: CEEX20180007174-PR59268 OWNER: Lisa Brink OFFICER: Park Ranger K. Klas VIOLATIONS: Failure to display valid parking sticker PR 130-66. FOLIO NO: VIOLATION ADDRESS: NGSA Lot 6.A.1 Packet Pg. 6 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEEX2018OOO7174 VS LISA BRINK, 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE:06t0112018 TIME:09:00 AM PLACE:3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION:Failure to display valid parking sticker PR 130-66 LOCATION OF VIOLATION: NGSA Lot SERVED LISA BRINK, Respondent Park Ranger K. Klas, 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 three 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 Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. tT 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 Te lep h one IF YOU ARE A PERSON WTH A DISABILITY VVI-1O NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THiS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAi'IIAMI TRAIL, NAPLES FLORID' g4't12 (239)774-8800; ASSiSTEO LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE lN THE COUNTY COMMISSIONERS'OFFlCt entendimiento mn las comunicacionos de este evento. Porfavor traiga su propio traductor. Av6tisman - Tout odisyon yo fdt an angl6. Nou pan gin moun pou ld tradiksyon. Si ou pa pal6 angld tanpri vini avdk yon intdprot pou pale pou-ou. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved 6.A.1.a Packet Pg. 7 Attachment: CEEX20180007174-PR59268 Brink (5728 : CEEX20180007174-PR59268 Brink) Make check PaYable to: CCBCC PLEASE MAILTO: Collier CountY Code Enforcement 2800 N. Horsesho6 Drive, Naples, FL 34104 PARKING VIOLATION CI TATION PRO5g?68BPARK RANGER COLLIER COUNTY FLORIDA r fT' flt'oooxOdx LrJ ttJU NAME (Lasr)(lnitial)(First) Street Address License Plate ltumUegfi 211 Date Expires . State Decal Number Make tvlodel Color City State VIOLATION DESCRIBED AS FOLLOWS: FIRE LANE - $30.00 fine [Ord. Sec' 130-66 (1 xh)l Zip Code Sec.,1 to# HANDICAPPED SPACE A s , ' ' ' ' '' ' Signature: INSTRUGTIONS: io, ,u"t elect one of the foltowing options within thirty (30) days of the date of this citation' 1. Pay the scheduled fine in person' Z. eaY tne scheduled fine bY mail' or 3. Request a hearing by completing-the Plea Form at the Oottomif tlre mailing' You will be notified bY return mail of the Hearing date' IF YOU ELECTA HEARING IMPOSED NOTTO $250.00 FOR HAN i, YOU MAY HAVE A PENALTY EXCEED $100.00 oR DICAPPED PARKING t- d-/<Date Tim.e 7 /6Location//I FAILURE TO RESPOND TO TH IS c ITATION wl LL RESU LT IN MMEDIATE ACTIO N 31 6.1 957 PLEA FORM I plead plead Guilty & PaY Fine Not GuiltY and a Hearing is Requested NAME (Last)(First)(lnitial) Street Address WES S <? tr fine 6.A.1.a Packet Pg. 8 Attachment: CEEX20180007174-PR59268 Brink (5728 : CEEX20180007174-PR59268 Brink) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5729) DOC ID: 5729 Updated: 5/21/2018 9:50 AM by Danny Blanco Page 1 CEEX20180006860-PU5395 Taylor Morrison Esplanade Naples LLC CASE NO: CEEX20180006860-PU5395 OWNER: Taylor Morrison Esplanade Naples LLC OFFICER: R. Goldsboro VIOLATIONS: PU Backflow Tampering 134-62, Section 1.9. Back leg of the RPZ pulled out of ground and twisted outward, illegal tampering creating a Health, Safety, Welfare Issue. FOLIO NO: 31347552882 VIOLATION 9405 Terresina Dr., Naples, FL ADDRESS: 6.A.2 Packet Pg. 9 VS. CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEEX20180006860 TAYLOR MORRISON ESPLANADE NAPLES LLC, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE:06t01t2018 TIME:09:00 AM PLACE:3299 Tamiami Trail East Building F, Naples, FL 34111 VIOLATION:PU Backflow Tampering 134-62, Section 1.9 LOCATION OF VIOLATION: 9405 Terresina Dr., Naples, FL SERVED: TAYLOR MORRISON ESPLANADE NAPLES LLC, Respondenl R. Goldsboro, 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 three 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 Office of the Special Magistrate 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 Telephone IF YOU ARE A PERSON WTH A DISABILITY WiO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATEO AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORID 341'12 1239)774-88N, ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICI entendimiento con las mmunicaciones de este avenlo. Porfavor traiga su propio traductor, Avdtisman - Tout odisyon yo fet an angl6. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 anglA tanpri vini avek yon inteprdt pou pal6 pou-ou. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved 6.A.2.a Packet Pg. 10 Attachment: CEEX20180006860-PU5395 Taylor Morrison Esplanade Naples LLC (5729 : CEEX20180006860-PU5395 Taylor Morrison Esplanade Ifr. utdc.liSrd inttrigra c..ri66 ih.r h../$. n.t rtErbt .{r. to bctiry. lh.r dEl.rn d F (r(.t q.ndty h& (amrir&d d! viot airl rdq, D.to*. /-(i e4 R"zecnv iF DclcriFion dftiohaion a thra ofBinh Drrc olVohioo o\o Oa\oaso Oo Oq6 l\ L\l U z-r55y'€ nliing 0E d.r. l,|d litrr. ofdrc In!cri8!o. h.! rcqu..&d r tLffing b.foc dE Sp.cirt M.g*rr.. A l.rkr-r4 OPTIONS l"TI,fHH* "*tiohio. orwhi.h r h.v. b.Gnchss.d.,d rr.cr $. ,,lt'"ff.ii11,ff ',3.1,.",lffi 'j,'*-;;;a*;ti, l. i.l rlnflcdi.t b bGt@ h) th. tnrliitlring Ofr.cr (ru io .tc.!d of 5-AND canttr . Dd. ofAbd.lE r ,o &yO. -lsroffENsE _2xDoFFENsE Oitind - Cod. EnfdEcmcfl Co,, I tnv.r.iSror ii,};3ffiH'S;;*,H;;iilfltr- ra,,E in8"'o, i,,. lir n?.rr. it ,o. n q.aa for H..rtlt d.a.ih- RICIPIENT)STGNA]I]RE (NVESTI6ATOR) &a,^, t:.&/o16ardpruxrtneclprgrr.s Navr i PRI Nr I INVESTICATOiS NAME) (2r9) 25:-2lro _trooFrEt{st Cory:aJi..ipitnr 2.2 zolr /; t7 i.' Cosfly. FI_ ) ( If COLLIER COUNTY PUBLIC UTILITIES crrArroN pu 5395 Ue 6.A.2.a Packet Pg. 11 Attachment: CEEX20180006860-PU5395 Taylor Morrison Esplanade Naples LLC (5729 : CEEX20180006860-PU5395 Taylor Morrison Esplanade INSTRUCTIONS PAYMENT OF CITATION: You may pey the amount indiclred in thc oPlion f I of rhis citatim atong wittr any cost imPocd by law' PAYMENT MUST BE MADE DY CASH. MONEY ORDER' OR CHECK' PAYABLE To: CCBCC (DO NOT MAIL CASH) Collier CountY Code Enforcanent Attn': Ciurion Processing 2800 N' Horseshoe Drive Naples, FL 34104 (239)252-29e8 REOUEST FOR HEARING: You msy rcqu6t a tering Oa5 y yiring by submitting a ffi;6*t.t"fi-tth't" 20 calendar days fiom scrvice of citatim' Collier CountY Code Enforcement Attn.: Citation Processing 2800 N' Horseshoe Drive Naples" FL 341O4 (239)252-2*8 NOTICE This ciration is issued pursuanr ro Collier County Ordinance 07'44' as {ncndcd' Thc violation for which yor arc chargcd is a civil infrcrio' Your sigmturcle thc cltltlon docsnolconstitut enadmirsionofviolation'however'willfulrcfusaltosigrndrccep Ui, "ir"rion is a misdcrncanor ofthe 2ND degrce, punishable m provided in S'755'0t2 or s.775.0s3.FS. IUNDERSTANDTHAT,IFTHEDECISIoNoFTHEISSUINCoFFIcERISATFIRMED Ai'rig SPTCIIL MACISTRATE,T}IEN I MAY BE RESPONSIBLE FORTHE AT}' r..tiNrsrnlrrve cosrs oF THE HEARING, PURSUANT To colllER couNTY d'norNeNie oz-14, AS AMENDED. I FURTIIER UNDERSTAND THAT MY iliiune ro ply THE CIVIL pENALry oR FA|LTJRE ro REQUEST A HEARING winlrw rut rrrt,tE PERIoD MENTIoNED lN oPTloN #2 oR FAILURE To AP- pCln pon e HrARlNo rHAT I HAVE RF'QUESTED AND FAILURE To coRREcr ine vror_error.r wtTH TIME STATED W|LL CONSTITUTE A wArvER OF MY niiixiio e uelRrNG. ADDITIoNAL FINES oR LIENs MAY BE ENTERED A6AINST ME. INVESTTGATOR'S NOTES: 6.A.2.a Packet Pg. 12 Attachment: CEEX20180006860-PU5395 Taylor Morrison Esplanade Naples LLC (5729 : CEEX20180006860-PU5395 Taylor Morrison Esplanade Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5730) DOC ID: 5730 Updated: 5/21/2018 9:55 AM by Danny Blanco Page 1 CEEX20180007072-SO185603 Wolner CASE NO: CEEX20180007072-SO185603 OWNER: John C. Wolner OFFICER: Deputy D. Eliasek VIOLATIONS: Car in Fire Lane SO 130-66 FOLIO NO: VIOLATION ADDRESS: 6.A.3 Packet Pg. 13 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEEX20180007072 VS. JOHN C. WOLNER, 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE:06t01t2018 TIME:09:00 AM PLACE:3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION:SO Prohibited/Restricted Parking SO 130-66 LOGATION OF VIOLATION: No Site Address SERVED:JOHN C. WOLNER, Respondent Deputy D. Eliasek, lssuing Otficer 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 alldocuments, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three 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 Office of the Special Magistrate 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 VVHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, IO IHPROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTIUENT LOCATED AI g3OT EEST TIIUIIMI TRAIL, NAPLES FLORID,34112 (239)774-88@; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIREO ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICI entendimiento con las mmunicaciones de este evento, Por favor traiga su pmpio traductor. Avdtismao - Tout odisyon yo tdt an angle. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 angle tanpri vini avek yon intepret pou pat6 pou-ou. ActiveReports Evaluation. copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved 6.A.3.a Packet Pg. 14 Attachment: CEEX20180007072- SO185603 Wolner (5730 : CEEX20180007072-SO185603 Wolner) PARKING VIOLATION GITATION SHERIFF'S OFFICE COLLIER COUNTY FLORIDA so.195603w n(r\O Ar.a .O '(J Oo o C6 l.\) lq\l 4E- p 51 5'['/Street Address J Date Expires Decal Number ,i: '-i . ,,- :.j,'.'Jt 1 \ t..JL a. p.m. Le{/ c*t E t PteaO Guilty & Pay Fine @1 ele^o Not Guilty and a Hearing is Requested PLEA FORM /7 zip Signature: (r t state F/ NAME Street UNLAWFUL AREA - $30.00 fine [Ord. Sec. 1 FAILURE TO RESPOND TO THIS CITATION WILL RESULT IN IMMEDIATE ACTION .316.1967 INSTRUCTIONS: You must elect one of the following options within thirty (30) days of the date of this citation. 1. Pay the scheduled fine in Person, 2.Pay the scheduled fine bY mail, or 3. Request a hearing by completing the Plea Form at the bottom and mailing. You will be notified by return mail of the Hearing date. IFYOU ELECT A HEARING, YOU MAY HAVE A PENALTY IMPOSED NOTTO EXCEED $1OO.OO OR $25O.OO FOR HANDICAPPED PARKING. AS FOLLOWS: State,r/ F d Specifically: FORI\4 u2006 - 0212 L i.r "ra' E Hne LANE - $3O.OO fine [ord. sec. 130-66 (1)(h)] E xaruolcePPED SPACE - $250.00 fine [Ord. sec.130-67] t---l OTHER: . tD#:Deputy'sNdme: '., ,,-.. ,r,.,= , i I 1- :'- ; .'.' '; '. 1"-- ' 6.A.3.a Packet Pg. 15 Attachment: CEEX20180007072- SO185603 Wolner (5730 : CEEX20180007072-SO185603 Wolner) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5731) DOC ID: 5731 Updated: 5/21/2018 10:02 AM by Danny Blanco Page 1 CEPM20180000353 Vuthaj CASE NO: CEPM20180000353 OWNER: Naim Vuthaj OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(2). Breakage in kitchen plumbing pipe. FOLIO NO: 61736800005 VIOLATION 2255 Della Dr., Naples, FL ADDRESS: 6.A.4 Packet Pg. 16 VS CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20180000353 NAIM VUTHAJ, 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: TIME: PLACE: VIOLATION 06t01t2018 09:00 AM 3299 Tamiami Trail East Building F, Naples, FL 34111 Hot/Cold Water - Dwelling 22-231(2) LOCATION OF VIOLATION:2255 Della DR, Naples, FL SERVED:NAIM VUTHAJ, Respondent Stephen Athey, 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 three 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 Office of the Special Magistrate 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 Tetephone IF YOU ARE A PERSON WTH A DISABILITY ffiO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE.IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRovlsloN oF cERTAIN ASsrsrANcE' PLEASE coNTAcr rxe coilter cout'tri raCrLriies nrlr.rabiverur oepenrrr,tEr.riLocnieo-ii s301 EAST TAMTAMT rRArL, NA'LES FLoRTD34112 (23e\774'88m: ASSISTED LlsrENlNG DEVIcES ron +re treenito rrr,tperneo nni evnrLeaiE iiliHE couNry co[ilMtsstoNERs,oFFrcr Av'tjsman - Tout odisyon yo fel an angl6. Nou pan gin moun pou fa tEdiksyon. si ou pa pal6 angle tanpri vinj avgk yon intdpret pou pat6 pou-ou. ActiveReports Evaluation. copyright 2oo2-zoo7 (c) Data Dynamics, Ltd. All Rights Reserved. 6.A.4.a Packet Pg. 17 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) vs. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COLTNTY COMMISSIONERS, Petitioner DEPT CASE NO. CEPM2O18OOOO353 Vuthaj, Naim 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 parlicularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: I . Violation of Ordinance(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Properfy Maintenance Code, Section,22-231(2). 2. Description of Violation: Breakage in kitchen plumbing pipe. 3. Location/address where violation exists: 2255 Della Dr., Naples, Fl 34117 Folio: 61736800005 4. Name and address of owner/person in charge of violation location: Vuthaj, Naim, 260 Engle St Apt 2D, Englewood, NJ 07631 5. Dats violation first observed: January l lth, 2018 6. Date owner/person in charge given Notice of Violation: January l lth, 2018 7 . Date on/by which violation to be corrected: February l0th, 2018 8. Date of re-inspection: February 12th,2018 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be refered to the Collier County Special Magisfate for a public hearing. Dated this 12th day of February, 201 8. Investigator STATE OF FLORIDA COUNTY OF COLLIER Srvorn to (or affirmed) and subscribed before this l2th day ot=February_,201g by Stephen Athey of Notary Public) Personally known / or produced identification ( Pri nUType/Stamp Commi ssioned Narne of Notary Public) OSEPHMI'ICHA My coMt,llssloN I FF u/,J95 EXPIHES:Srit20,201e gonded nru Budget Nobry Sedices REV'1-2-15 Type of identifi cation produced -rffi 6.A.4.a Packet Pg. 18 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) Case Humber: CEPM201 80000353 Date: January 11,2018 lnvesligator: Stephen Athey Phone: ?392522430 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VUTHAJ, NAIM 260 ENGLE ST APT 2D ENGLEWOOD. NJ 07631 Location: 2255 Della DR., Naples Fl 34117 Unin6orporated Collier County Zoning Oist: A Property Legal Description: NAPLES FARM SITES iNC LOT 40 N 82 sFT OF S 1072.sFT OF W1/2 S AC OR 2044 pG 1661 Folio: 51 736800005 NOTICE Pursuant 1o Collier County Consolidated Code Enforcement Regulations, Colller County Code of Lawr 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: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Builciinq Regulations. Article Vl Property Maintenance Code , Section 22-231(2) 2. t4ol anC coid waier suppiy Evety dwelling, or dwelling unit. shall have connections to the kitchen sink, lavalory basin, tub or shower, and an adequate supply of both hot and cold wate.. all in good vlorking conditron Ali connections shall hre sLrpplied through an approved pipe distrib*tion system csnnected id a potable',vater supply. Violatiorr Status - lnitial DESC RTPIION OF CONDITIOI{S CONSTTTUTTHG THE VIOLAT|ON(S). Did Witness: Report provided showing breakage in kitchen plumbing pipe. OFFER r0 QOEBEQI VTQLATION{$}: You are directed by this Notice to take the following corrective action{s} 1 2. Hot and cold water supply. Every dwelkng, or dwelling unrt, shall have connections to the kitchen sink. lavatory hasin, tub or shower. and an adequate supply of both hot and cold water, all in good working condition. All conneclians shall be supplied through an approved pipe dtstributron system connected to a potable water supply. 2 Repairs must be completed by a licensed plumbing contractor. Must obtain all required Collier County permits, inspeclions and Certificate of Completion. ON OR BEFORE: Ail1lna1Y Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation lhat may result ln fines up to $S00 and cosls of prosecutron OR 2) Code Enforcement Eoard review lhat may result in fines up to $1000 per day per violation, as long as the violationremains and costs of prosecuticn SERVED BY.INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naptes, FL 34104 Phone 239 252-2440 FAX: 239 2SZ-2342 n 6.A.4.a Packet Pg. 19 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) Case Nurnber CEPM?0180000353 SiEnature and Title of Reeipient Printed Name of Recipient Dale 'Tt]i$ violation fiay .€quire additional complianca and approvat trom othsr d€partments which may be r6quired under loe al. slalo and tedoralragulations' including, but not Jlmlted to: right-of-r,vay F€rmit, buildlng psrmit, demolltion ot structure, Site Devotopment plan, InsubstantialChange to sito Dovelopmont plan, and varlances slong with, paym€nt of impact tees, and any new or outstanding faos required for approval. 6.A.4.a Packet Pg. 20 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) AFFIDAVIT OF PO$TING Gode Case Nurnber: CEPlvtZol 80000353 Respondent(s) VUTHAJ. NAIM THE DESCRIPTION OF THE DOCUMENT(S) POSTED {Check tho applicable docunent(s)J X*ruotice of Violation _Nolice of Hearing _Notice_of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Stephen Aihev, Code Enforcement Official, hereby $wear and affirm that I have personally posted the above described docUment(s)fortheaboverespondent(s)at2255Della0R.on-1-11-18-(Date).at -1 1am- {Time), and at the *X*Collier County Courthouse _ lmmokalee Courthouse. STATE OF COUNTY OF COLLIER Sworn to 1or atfirmedi and subscrrbed before me rhrs [ 2- cay of { cLr}J 4r-"-.L-t , 20r&v Stephen Alhey (Name of person making statelnent) { MAGDA NITOLI GOI.IIAIEZ Commlsdon#GG 105199 Errirss Ltay 16, 2021 8,a{,\t trf. l}s1}).1 ft rl*y $*tir (Pnnt, type or slamp Commissioned I'lame oi \ Tprsonatly known _Produced tcientification Type of rdentification produced Notary Pubhc) 6.A.4.a Packet Pg. 21 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) AFF'DAVIT OF MANLING Respondent(s) VUTHAJ, NAIM Code Case Number: CEPM201800O0AS3 THE DESCRIPTION CIF THE DOCUMENT{S} SERVED: {Ch eck lb e appl i cabla dacwtent( s)l Xruoti"* of Viotation *Notrce of Hearing Not,ca of Hearing/lmposition of Fines *Citation *Notice to Appear _Code Enforcement Board Evidence packet Other I Maqda Gonzalez, Code Enforcement Otficial, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First class u.s. Mail to the above respondent at 260 ENGLE sI ApT 2 OENGLEWOOD. NJ 07631.on January 1 1 2018 (Date), at 8:59 AM (Time). lez STAIE OF FLORIDA COUNTY OF COLLIER Sworn to (or aff rmed) and subscribed before me this 11 day of January, 2018 by Magda Gonzalez iNarne c{ perscn making statern€nt) Notary OA'LYHAVABRO MY C*t,Ut$siotl I rF 19m?3 EXPifiE$: January 15. ?0lO Baid$ It-rr Badtrt ltoirySsntcs (Prinl, type or stamp Narne of Notary Pubt'c) XPersonally known *Prsduced identification Type of identification pruduced 6.A.4.a Packet Pg. 22 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) Collier County, FL Code of Ordinances sanitation facilities adequate to protect the health or safety ofthe occu pants/public shall be considered to be unsafe, and unsanitary as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 44. VENTILATION * the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling, 45. WEATHERPROOF - able to withstand exposure to weather without damage or loss of fu n ctio n. 46, WEATHERTIGHT - able to exclude wind and rain under typical local weather conditions. 47. YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. 48. ZONING ORDINA/VCE - the Comprehensive Zoning ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. (Ord. No. 2010-02,5 4) Sec.22-230. - Rules of construction. For purposes of administration and enforcement ofthis Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The word "shall" is always mandatory and not discretionary and the word "may" is permissive. 2. Words used in the present tense shall include the pluralfuture; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender sha ll include the feminine gender, 3. The word "includes" shall not Iimit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4. Whenever the words "structure", "building", ,'dwelling unlt',, or,,premises', are used in this ordinance, they shall be construed as though they were followed by the words "or any parts thereof'. (Ord. No.2010-02,5 5) Sec.22-231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: 1 SANITARY FACILITIES REQUIRED - Every dwelling unit shall contain not less than one (1) kitchen sin k with counter work space, one (1) lavatory basin, one (r ) tub or shower, and one (r ) commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by collier county or the collier county public Health Depanment as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the plumbing code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub, or shower, and lavatory basin shall be located in a room affording about:blank 8t19/2015 Page 6 of 226.A.4.a Packet Pg. 23 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) Collier County, FL Code of Ordinances 10. 2 3 4 p rivacy to the user. Hor AND coLD WATER suppty- Every dwelling, or dwelling unit, shall have connected to the kitchen sink, lavatory basin, tub or shower an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. WATER HEATING FACILITIES - Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fa h renheit. HEATING FACILIT\ES - Every dwelling or dwelling unit shall be equipped with heating equipment which shall be capable of safety and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recoSnized testinS agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen Depletion sensing system (oDSS). Any appliance which has been converted from a vented to an unvented heater shall not be used under any conditions. cooKlNG EQUIPI'IENT - every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical codes, and shall be operable and maintained in a safe, working cond ition. GARBAGE DlsPosAL FACtLtnES - Every dwelling unit shall have adequate garbage or rubbish disposalfacilities or garbage or rubbish storage containers. LIGHT AND vENTlunoN - Every habitable room of a dwelling unit sha ll meet the minimum size and access requirements of the Building Code. BATHRooM - Every bathroom of a dwelling unit shall comply with the minimum light and ventilation requirements for habitable rooms except that no window or skylight shill be required in adequately ventilated bathrooms equipped with a mechanically vintilating air system, ELECTRI. LIGHTS AND ourLETs - Every dwelling unit shall be wired for electric lights and convenience outlets. Every room shall contain at least one wall-type electrical convenience o utlet as specified in the p rovisions of the Electrical Code, in effect at the time of violation. LIGHT lN PUBLT: HALLi AND srArRWAys - Every public ha and stairway in a structure containing three or more dweling units sha be adequatery lighted at all times. structureswith less than three dwefling units shall be supplied with a conveniently rocated light switchthat controls an adequate Iight system which can be turned on when needed if continuouslighting is not provided. ELECTRTCAL S,STEMS - Ar fixtures, convenience receptacres, equipment and wiring of adwelling or dweling unit shafl be instaled, maintained, and connected to the sour"ce ofelectrical power in accordance with the provisions of the Erectricar code, in effect at the time Page 7 of 22 5 6 f 8 9 11, about:blank 8t19/201s 6.A.4.a Packet Pg. 24 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) rNSTR 4528444 0R 4654 PG 796DWIGHT E. BROCK, CLERK OF THE CIDoc@.70 $686.00 coNs $97,980.00 REc $18.50 Preoared bv: The Florida Default Larv Group, PL Jonathan Mesker 9 I l9 Corporate Lake Drive, Suite 300 1'amp4 Florida 33634 File Number: RI0005719 Retum to: Nerv House Title P.O. Box 20328 $t38s RECoRDED 2/22/201,1, 12:31 pM PAGES 2RCUIT COURT, COLLIER COUNTY FLORTDA (Spacc Abovc Line For Rccording Date) Special Warranty Deed This Special Warranty Deed made llome Loan Mortgage Corporation rvhose and Naim Vuthaj, a married person, NI07361, grantee: (Whenever used herein thc tcrms assigns oIindividuals,and the successors Witnesseth, that said grantor, for good and valuable consideralions to has gnnted, bargained, and sold to the situate, lying and being in the Coltier NAPLES FARM SITES: LOT oFTRACT 40, SECTION 24, ATPAGE34 OFTHE PUBLIC Parcel Identitication Number: 61736800005 2011., behveen Federal Carrollton, T& 75010, grantor, e Skeet, Apt 2D, Englewood and the hcirs, legal representatives, and 100 DOLLARS ($10.00) and orher rvhereof is hereby acknotvledged, forever,the following described land, IO72 .5 FEET OF THE WEST I/2 EASTRECORDED IN PLATBOOK 4 FLORIDA. This deed is being executed by virtue of 1 nolve1 of attomey originally recorded in Hillsborough County, Floridaseptember 29,2008 in oflicial Records Book 18884, Page 129.3-, of ihe pubtic Records of Hii'isborougir'county,Florida. Togelher with all the tenements, hereditaments and appurtenances thereto belonging or in anyvise appertaining, To Haye and to Hold, the same in fee simple forever. And the grantor hereby covenants rvith said girntee that the grantor is lawfully seized of said land in fee simple; that thegrantor has good right and larvful authority to s.tt and convey slia lana; that the gmntor hereby fully rvarrants the title to saidland and rvill defend the same against the la*ful claims of all pe"onr .ruirning by]through o. una.r'guntoo. I:,J:"*t wbereof, grantor has hereunto set grantor's hand and seal the day and year shorvn in the acknorvledgement office address 82.5 and grantee's to-wit: 6.A.4.a Packet Pg. 25 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) *** oR 4654 PG 797 *** Signed, sealed and delivered in our presence: Witness Name: State of Florida County of Hillsboroueh The foregoing inskument was MelissaJ. Nunler as corporation, who as identification. Federal Home Loan Mortgage Corporation By Florida Default Law Group as attorney in Its authorized signor ifirntq, t Law 2011,by _ on behalf of the(f) i'/^,. Expires: or Signor of the he this ',,ffi3 !,ly Comm. Explres oct 15. Commission # DD 933490 REBECCA BARGA Notary Public - Slate ot 6.A.4.a Packet Pg. 26 Attachment: CEPM20180000353 Vuthaj (5731 : CEPM20180000353 Vuthaj) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5732) DOC ID: 5732 Updated: 5/21/2018 10:13 AM by Danny Blanco Page 1 CELU20170005146 27th Pico Boulevard Limited Partnership CASE NO: CELU20170005146 OWNER: 27th Pico Boulevard Limited Partnership OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03, Section 1.04.01(A), and Section 10.02.06(B)(1)(a). Environmental Turkey Solutions LLC has significantly increased the activity of composting, transfer, and processing of vegetative debris and is no longer in compliance with the December 2012 Zoning Certificate. Unpermitted structures were also observed, including but not limited to, (2) office type trailers, (2) shed type structures, and a canopy type structure. FOLIO NO: 00209240001 VIOLATION 16000 Immokalee Rd., Naples, FL ADDRESS: 6.A.5 Packet Pg. 27 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CELU20170005146 vs. 27TH PICO BOULEVARD LIIVIITED PARTNERSHIP , 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 Office of the Special l\/agistrate on the following date, time, and place forthe violation below: DATE:06t01t2018 TIME:09:00 AM PLACE:3299 Tamiami Trail East Building F, Naples, FL 34111 VIOLATION:Buildlng Permit LDC 10.02.06(8)(1)(a), 2.02.03, and 1 .04.01(A) LOCATION OF VIOLATION: 16000 lmmokalee RD, Naples, FL SERVED:27TH PICO BOULEVARD LIMITED PARTNERSHIP, Responden 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 three copies. Alleged violators have the right to be represented by an aftorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Danny Blanco COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABIL]ry v!+]O NEEDS ANYACCOMMODATION ]N ORDER TO PARTIC]PATE IN THIS PROCEED NG, YOU ARE ENT]TLED, AI NO COST TO YOU, TO IH PROVISION OFCERTAIN ASSISTANCE, PLEASE CONTACT IHE COLLIER COUNTY FACiLITIES MANAGEMENT DEPARTM ENT LOCATEO AT 3301 EAST TAM IAM I TRA L, NAPLES FLORID 34112 (239)774.S800: ASSISTED LISTEN NG DEVICES FOR THE HEARING IM PAIRED ARE AVAILABLE N THE COUNTY COMIMISSIoNERS.oFF]oI enlend miento en las comunicacionBs d€ este 6vento. Por favor lraiga su pmpio lradlctor. Av6t sman - Tout odisyon yo fdt an an€ld. Nou pan gin moun pou fd lradiksyon. Si ou pa pal6 angl6 tanpri vini avek yon idepd pou patA pou.ou. ActiveReports Evaluation. Copytight2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved Michael Odom, lssuing Officer 6.A.5.a Packet Pg. 28 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) vs. COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CELU2O17OOO5146 276 lPico Boulevard Limited Partnership, Respondent(s) STATEMENT OF VIOLATION AND PursuanttoSectionl62.o6andl62.12,o,on.u*W*..,,unu.o,"..*ntyordinanceNo'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 Special Magistrate, for the following reasons: I . Violation of Collier County Land Development Code 04-41, as amended, Section 2.02.03, Section 1.04.01 (A), Section 1 0.02.06(8)(l)(a) 2. Description of Violation: Environmental Turnkey Solutions, LLC. Has significantly increased the activity of composting, transfer, and processing of vegetative debris and is no longer in compliance with the December 2012 Zonng Certificate. Unpermitted structures were also observed, including but not limited to, (2) office type trailers, (2) shed type structures, and a canopy type structure. 3. Locatior/address where violation exists: 16000 Immokalee Rd Naples, FL 34120 Folio: 00209240001 4. Name and address of owner/person in charge of violation location: 2TthlPico Boulevard Limited Partnership, Florida Blue Jay, LLC,95 North County Road, Palm Beach, FL 33480 5. Date violation flust observed: Aprll21,2017 6. Date owner/person in charge given Notice of Violation: May 8,2017 7 . Date on/by which violation to be corrected: May 27,2017 8. Date of re-inspection: May 14,2018 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COI-]NTY 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 Special Magistrate for a public hearing. Dated this 14ft day ofMay,2}l7 Odom Code Enforcement Investigator STATE OF FLORIDA COTINTY OF COLLIER (or (Signature of Notary (Print/Type/Stamp Commissioned Name of Notary Public) *o'*'.3Y% cRtsIlltAB.PERE :M6: IL1BIIIHHX!:;f,"4;?rS." Bonded nru Butct Nobry Senbe! before this-L1-day of IIaJL, 2018 by \'\ <'hor<'\ O dOwr REV 1-2-15 Personally known ,/ o, 6.A.5.a Packet Pg. 29 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) Case Number: CELU20I70005l'18 Dab: UaY 08, 20't7 lnve3tigator: Midlasl Odom ?honet 239252449 COLLIER COUNTY CODE ENFORCEIIENT NOTTCE OF VIOLATION OwneT:2?TH PICO BOULEVARD LTO PTNR % FLORIDA BLUE JAY LLC 95 NORTH COUNTY RD PALM BEACH, FL 33480- Reoistsred Aqent Stuart Grossman 201 South Biscayne Boulevard 22nd Floor [{iami, Florida 33131 Location: 16000 lmmokalee RD Unincorporatod Collier County zonino Dist A-MHO Prope-rty Legal Descriptlon: 2 48 27 ALL, LESS 50FT R A/, Folio; 20924000'1 l{oTlcE pursuant to Collier County Gonsolidated Code Enforcii-ent Regulations, Collier County..Cods of Laws,and brOin*|"i, Cfr"pt"r Z, ArUcfe fX, i; are notified that a vlolation(3) of the following Collier County Ordinance(s) and or PUD Regulation(s) exiEts at the abovedsscribed location' ordinance/code: Prohibited use. collier county Land Development code o4'41 as amended, seGlion 2'02 03 C"nei"f iiori"ions. Land rrse. Collier County La;d Dsvelopment Code O4'41 as amended, Section 1.04 01(A) iuiiJing anO L.na Afteration eermi13. leeimits, lnspeclions, Certificate of Occupancy Required) Collier County Land Develop;ent code 04-41, as amended, Seclion 10.02 06(BXlXa) Any use or struclure not speci{ically identified in a zoning districl as a pemitted use,conditional use, or accessory use shall be prohibited in such zoning district. A. The provisions of this LDc shall apply to all land, property and development in the totial unincorporated area of collier County except as expressly and specifically provided othenvi-se in this LDC. No development shall be undertaken without ;rir;'rth#;u- ptirsuani to tnis Loc. Siecifically, no building, structure, land orwater shall hereafter be developed, or Lccupied, and no building, structure, or pah thereoi shall be e-rec'ted, reconstrucled, moved, localed, or structurally attered eiceit in contormity with-tlre regutations set forth herein and for the zoning district in which.it is located... irri County rri1anager or his designee shall be responsible for determining whether applications for building or land "rcr"fion pe-it",is required bf the Collier County Building code or this Code are in accord with the requirements of this Code, and no building oi land alieration permit shatt be issuld without wriften approval that plans submitted coniorm to ijptioUt" .oning |-"g-utations, and other land development regulations. For purposes of this section a land alteration pltit "f,"f f ,""-n ,n'y written authodzation to alter land and f;r 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 feimiG, ana Urasting permits. No bu-'ilding or structure shall be.erected, moved, added to, altered, utilized or allowed to lxist and/or no tand;iteration shatl be pdrmitted without first obtaining the authorization ofthe required permit(s), inspections and certificate(s) of ocoJpancy as required by the Collier County Building Code or this Code. Violation Status - lnitial DESCRTPTTON OF CON DITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Environmental Turnkey Solutions, LLC. Has significantly increased th€ activity of composting, transfer, and processing of vegetative debris and is no longer in compliance with the Oecembet 2ol2Zo ng Certificate Unpermitted structures were jlso observed, including but not limited to, (2) office type trailers, (2) shed type struclures' and a canopy type structure. ORDER TO CORRECT vIOLATION(S): Tou are airo*ea uy ttria Notice to take the following corrective aclion(s): 6.A.5.a Packet Pg. 30 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) 1 . Must immediately cease all unauthorized accumutation of vegglative debris. Must remove all unauthorized accumulation of vegetative debris, both processed and unprocessed, to a site for fnal disposal; or apply for and obtain conditional use ior;olleclion, transfer, and processing of said vegetative debris. Mustcease allunauthorized outside storage of items including, but not limited to, shipping/storage containers, and must move said items lo a conforming location. 2. Must comply with all land use standards ofthe Collier County Land Development Code 04-41, as amended. 3. Must obtrain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate ot Completion/Occupancy for described slructure(s)/ alteration(s). ON OR BEFORE: 0512712017 Failure to correct violations may r€sult in: 1) Mandatory notice to appaar or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 11 Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY natu re Micfiael Odom Case Number: CELU2017000511,5 INAUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34'104 Phone:239 252-2440 F l$.:239 252-2343 Signatu16 and Title of Recipient Printed Nam€ of Recipient Date .ThL vlolation riay rgquirs addltlonal compllance and apprcval trcm other dgpartmsnb whlch may b9 roquircd under local, at to anal to&lal |rgulatione, lncluding, but not limltod lo: right-ot way pormlt, bullding pe,mig demolitlon ol sttucturo, Stto Oevelopm€nl Plan, lnsub6tangal Ch.nge to Stto Dovgtopm€nt Plrn, snd Vadances along with, payment ol lmpact teoa, and any now or oubtanding baa roquliod tor apptoval. 6.A.5.a Packet Pg. 31 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) AFFIDAVIT OF MAILING Code Case Number: CELU20170005146 Respondent(s): Mailed NOV cert / reg owner 7015 1730 0001 7748 3103 cE1U20170005146 NOV MO #31 27TH PICO BOULEVARD LTD PTNR % FLORIDA BLUE JAY LLC 95 NORTH COUNry RD PALM BEACH, FL 33480 Mailed NOV cert / reg agent 70151730 0001 7748 3103 cE1U20170005146 NOV MO #31 Stuart Grossman 201 South Biscayne Boulevard, 22nd Floor Miami, Florida 33131 THE DESCRIPTTON OF THE DOCUMENT(S) SERVED: [Ch e ck th e a p p lic a b le doc ument(s)] X Notice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Neil Dav, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S to the above respondents at those addresses on 5/8/1 7 (Date), at _12:57pm_ re NeilDay STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _8th_ day of _May_, 2017 by Neil Day (Name of person making statement) MY EXPIBES: ioodrd lrs (Print, type or stamp Commissioned Name of Notary Public) X Personally knownx _Produced identification Type of identification produced _ 6.A.5.a Packet Pg. 32 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) AFFIDAVIT OF POSTING Code Case Number: CELU20170005146 Respondent(s): 27TH PICO BOULEVARD LTD PTNR % FLORIDA BLUE JAY LLC THE DESCRIPTION OF THE DOCUMENT(S) POSTED loheck 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 _Otheri I Michael Odom, Code Enbrcement Official, hereby swear and affrm that I have personally posted the abovE described document(s) hrthe above respondent(s) at '16000 lmmokalee RD , on.M.q!Cey-.U.ay_9-2.q!Z (Oate), at 8:57AM (Time), and at the ler County Courthouse x lmmokalee Courthouse (Signature of Code Enforcement Micfiael Odom STATE OF FLORIDA COUNry OF COLLIER Sworn tq.lor affrmed this q day ot and subscribed before me zofl ov Michael Odom (Name of person making statement) ra of Nolary o.tl]'!qr" ,rwa IRACEIII'I DEUROBA uY00ilf,iE8rxlrf 7!0 aIREs:try42@ Sql dnnl c|oa tEr g.il (Print, type or slamp Commissioned Name of Notary Public) u!***lly known _Produced idenlifi cation Type ot identjfication produced _ 6.A.5.a Packet Pg. 33 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) ! by (Pinted Name)B. SENiTE{i: C1MF,t-EirE THiS 5ECflOru C 4.14t.(rr..E f5" l"rri : :;LiC irOA, OA/ D E LIV E R y I Complete items 1, 2, and 3" I Print your name and address on the reverse so that we can return the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits.5 1 r,,-*lddress different from item 'l? lr delivery address below: A. E Agent E Addressee c.of I T cE1U20170005145 NOV MO #31 27TH PICO BOULzuARD LTD PTNR o/o FLORIDA BLUE IAY LLC 95 NORTH COUNTY RD PALM BEACH, FL 33480 lll]iltillt llliltltiI lltIil]tiit it Itil Iflti5tu lqul, utlb5 5l,bs 5r{b5 3l f, Adull Signature f, Adull Signature Restncted Delivery Marl6,) n Cerlrfied Mail Rastrict€d Delivary iJ Collect on Deltvery ENo b il Pnorfi MailExpress@I Regislerad M4ruI Hegistered Marl Restrictec DeliveryI Return Hecoipt lor tv{erchandise [ ^ . r-:-r- .r -L--- ff--^i-- l** ^a-,,.- r-a-ll' 7U1,5 1,738 [t]uI 77)t{ & 31,u3 1".; Collact on Delivery Rostncted Dalivary il Signalure ConflrmationrHvtail IJ Signature Confirmation v{ail Restricted Delivery Flestncted Detivery PS Form 381 1 , Aprit 201S pSN 7590-02-000-9053 Domestic Return Recerpt 6.A.5.a Packet Pg. 34 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) by Name) SENDER: CAMPLETE THIS SECT,ON COMPLETE THIS SECTIOAJ OIV DELIVERY r Complete items '1, 2, and 3. I Print your name and address on the reverse so that we can rsturn the card to you. I Attach this card to the back of the mailpiece, or on the front if space permits. Stuart Grossman 201 South Biscayne Boul Miami, Florida 33131 ilil]lt llil tillilllilt l] I illll ill I il I i il ]l 1510 1q01, 0nL5 5l,bg 5qb5 q0 J. Orilytl;t, , u Adutt Signature t] Adull Signature Flestrict*d Delivery Mal@ E Agent EI Addressee C. Date of Delivery tr Priority Mail Express0I Flegistered MailtMIl BegisterBd Mai! Fl€strictoc Dalivery f, Beturn Heceipt lor Merchandise lJ Signature Conlirmatonrufl Signature Con'lTrmalion Restricted Delrvery Yes Noer delivery cE1U20170005 L46 NOV MO #31 ", {\Y evard, 22nd F{oor 1'22011 il t^' 2. Article Number ffransfer from seruice labl) 7U1,5 l,73U UUUl, ?7qE 311t] tr Certdied Mail Resticted Deliveryt Collect on Delivery C Collect on Dellvry Hestricted Delivry Mail Mail Restrrcted Delivery PS Form 381 1 , April 2015 psN 75s0-02-000-so5s Domestic Return Beceipt 6.A.5.a Packet Pg. 35 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) 2.O2.O3 - Prohiblted Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. Page L 6.A.5.a Packet Pg. 36 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) 1.04.01 - Generally 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 otheMise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. 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 or water, except where 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 unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except rn strict conformance with the provisions of this LDC and any applicable provisions of the Collier County Growth Management Plan (GMP). Page 1 6.A.5.a Packet Pg. 37 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) 10.02.06 - Requirements for Permits Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more speciflcally 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 ordersi or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land conflguration and Iand 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 required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if ('1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County Growth Management Plan, or (2) if issuance of said development order or building permit is inconsistent with the Growth Management Plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Ill] and the Growth Management Plan. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certiflcate of occupancy compliance process. a. Zoning action on building or land alteration perm,ts. The County Manager or his designee shall be responsible for determrning 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 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 first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 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 B Page 1 6.A.5.a Packet Pg. 38 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) INSTR 5266036 oR 5273 PG L278 RECoRDED 5/L6/2OLG 12:25 PM PAGES 5 DWIGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORIDA Doc@.70 $269,356.50 REc $44.00 coNS $38,479,500.00 Preoared bv and return to: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North Suite 250 Naples, FL 34f 03 239-6s9-3800 File Number: 974347 lSrace Above This Line For Recording Datal Trustee's l)eed of Michael J. Boran and Ronald L. Brown, as Co- restated in full on February 4,2004, whose post office address is 3570 Enterprise grantor, and 27thl?ico Boulevard Limited Partnership, a California limited pa Blue Jay, LLC,95 North County Road, Palm Beach, FL 33480, grantee: (Whenever used herein the terms grantor and legal representatives, and assigns of individuals, and the successors and assigns ofcorporations, Witnesseth, that said grantor, for and valuable considerations to said DOLLARS ($10.00) and other good whereof is hereby acknowledged, has granted, bargained, and sold to the lying and being in Collier County, the following described land, situate, All of Sections 35 and 36,of Sections I and 2, Township 48 South, Range2T East, in feet ofSection 35 and Section 2. Subject to (a) ad valorem and non ad taxes for the year of closing and subsequent years; (b) outstanding oil, gas and mineral interests of record, if any; (c) restrictions, reservations and easements and other matters ofrecord; and (d) existing leases. Folio Numbers are: 00209200009 00113480009 001 13s20008 00209240001 . Grantor warrants that this property is not the homestead of grantor or any other person. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, ttre same in fee simple forever. And ttre grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully wanants the title to said land and will defend the same against the lawful claims of all persons claiming by, through or under grantors. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. post oIfice the-and and grantees heirs Range 27 45341 4.1 5/9/201 SDoubteTimeo l This Trustee's Deed made this 6.A.5.a Packet Pg. 39 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) *** oR 5273 PG 1292 *** This Document Prepared By: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North, Suite 250 Naples, FL 34103 TRUSTEE AFFIDAVIT STATEoF F(o..6[gL couNry oF -6il.e.e, J. 4. 5. BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared Ronald L. Brown, who, being duly sworn, depose and say as follows: l. Michael Boran and Ronald L.are the Co-Trustees of the State Road 846 Trust Agreement, as amended 4,2004 (the "Trust Agreement"). "Property"):2. The Trust is selling the All of Sections 35 and and all of Sections I and 2, Township 48 South,less the West 50 feet of Sections 35 and The Trustees have full Limited Partnership, a to 27thlPico Boulevard All beneficiaries direction to Trustees to execute the deed and the Propeay to Buyer The Trust Agreement has in any manner that would cause the above statements manner and the directions to trustee remain in full force and effect. lstr SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by Ronald L. Brown. this Fla.,rlnday of May, 2016, who is personally known to me or who driver's license as identification. My Commission Expires: t or Agreement 201012,E(PIBES:l5t'Bctddluu (sEAL)(Printed Name Public) 453276.1 6.A.5.a Packet Pg. 40 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) oR 5273 PG 1281 This Document Prepared By: C. Neil Gregory, Esq. Bond, Schoeneck & King, PLLC 4001 Tamiami Trail North, Suite 250 Naples, FL 34103 TRUSTEE AFFIDAVIT STATE OF 6t-oo,oa COLINTY OF 6*tdL BEFORE ME, the undersigned authority, duly authorized to administer oaths and take acknowledgments, personally appeared Michael Boran, who, being duly sworn, depose and say as follows: l.Michael Boran and Ronald L. Brown are the Co-Trustees of the State Road 846 Trust Agreement, as amended 4,2004 (the "Trust Agreemenf'). "Property"):2. The Trust is selling the All of Sections 35 and and all of Sections 1 and 2, Township 48 South,less the West 50 feet of Sections 35 and The Trustees have full Limited Partnership, a to276lPico Boulevard All beneficiaries direction to Trustees to execute the deed and the Property to Buyer. The Trust Agreement has in any manner that would cause the above statements manner and the directions to trustee remain in full force and effect. Boran SWORN TO, SUBSCRIBED AND ACKNOWLEDGED before me by Michael Boran, this producedtoday of May,2016, who is personally known to me or who driver's license as identification. Ln" My Commission Expires: 3. 4. 5. PUBLIC tll dhpL StTl"us€rt- NOT or Agreement lIJTflESIBAITSEB MY Coilif,tigo{rFF$84t6 EXPIRES Oclobor 1,to19 Boided Ito tblryftil6 tldr.uto,E (SEAL)(Printed Name of Notary Public) 453272.1 r2 Pov s! tlt- i-{ Fi 6.A.5.a Packet Pg. 41 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) oR 5273 PG 1280 Signed, sealed and delivered in our presence: Name: the State Road 846 Land Trust known or I I has produced lNotary Seal] State of Ftondq, countyoT c"$;r- The foregoing instrument was acknowledged before Road Land Agreement, as amended and restated in full on February 4, 2004 day of May, 2016 by Ronald L. Brown, Co-Trustee of 4,2004 , who [_] is personally L. as EXP'BE&t4 altAsrddIkI Irusfee's Deed- Page 3 45341 4.1 5/9/201 6Ooublefime@ 6.A.5.a Packet Pg. 42 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) oR 5273 PG L279 Signed,ln our presence: Lrnq fira.rr-t WitnessName'@ state of (l ovt'd c- County of Cotlier The foregoing insfument was acknowledged the State Road 846 Land Trust Agreement, known or I I has produced [Notary Seal] J. Boran,ofthe State Road 846 Land Trust Ageement, as amended and restated in full on February 4, 2004 of May,2016 by Michael J. Boran, Co-Trustee of on February 4,2004, who (l is personally MY CoMMTSSIoN I EXPIRES: driver's L Trustee's Deed -Page2 45341 4.1 519 1201 6DoubteTtmeo 6.A.5.a Packet Pg. 43 Attachment: CELU20170005146 27th Pico Blvd Limited Partnership (5732 : CELU20170005146 27th Pico Boulevard Limited Partnership) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5734) DOC ID: 5734 Updated: 5/21/2018 11:35 AM by Danny Blanco Page 1 CEPM20180003726 Okolski CASE NO: CEPM20180003726 OWNER: Robin Okolski OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c). Roof in disrepair. FOLIO NO: 52399800008 VIOLATION 145 Capri Blvd., Naples, FL ADDRESS: 6.A.6 Packet Pg. 44 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, ' Case: CEPM20180003726 VS ROBIN OKOLSKI, 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 Office of the Special ltlagistrate on the following date, time, and place for the violation below: DATE: 0610112018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naptes , FL 3411i VIOLATION: Roofs-Dwelling 22-231(12)(c) LOCATION OF VIOLATION: 145 Capri BLVD, Naptes, FL SERVED: ROBIN OKOLSK|, Respondent Stephen Athey, 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 three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTTCE that Requests for Continuances will not be considered if not received bythe Secretary to the Office of the Special Magistrate 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, Flodda 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABILITY vlrio NEEOS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEOING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRoVlSloN oF cERTAIN ASSISTANCE, PLEASE coNTACT THE coLLlER couNTY FAclLlTlEs Maruaoeuerur oepanrr,ltEnr loceiEo nt ssor enst tnMtAMt TRAtL, NApLES FLoRtD,34112 (239)774-8800i ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE lN THE COUUTy COrr/lrrllSSiONenS'OprrCr entendimiento con las comuni€ciones de este evento. por favor traiga su pmpio tEductor. Avetisman - Tout odisyon yo fet an angl6. Nou pan gin moun pou td tradiksyon. Si ou pa pal6 angE tanpri vini avek yon intepret pou pal6 pou{u. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved. 6.A.6.a Packet Pg. 45 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) VS COLLTER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COLINTY COMMISSIONERS, petitioner DEPT CASE NO. CEPM2OI8OOO3726 Okolski, Robin l ' violation of ordinance(s) collier county code of Laws and ordinances chapter 22 Buildings andBuilding Regulations, Article vI property Maintenance code, Section zz-zziezlG). 2. Description of Violation: Roof in disrepair 3. Location/address where violation exists: 145 Capri Blvd., Naples, Fl 341l3 polio: 52399g0000g 4. Name and address of owner/person in charge of violation location: Robin Okolski, pO Box 2354Marco Island, Fl 34146 5. Date violation first observed; March l4th,2O7g 6. Date owner/person in charge given Notice of violation: March I 5th, 201 g 'l . Date on/by which violation to be corrected: April l4rr,,20lg 8. Date of re-inspection: April 23,d,2}lg 9. Results of Re-inspection: Violations Remain STATE OF FLOzuDA COTINTY OF COLLIER Based upon the foregoing, the undersigned code enforcement officiar hereby certifies that the above-described violationcontinues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that theviolation should be referred to the Collier County Code Enforcement Board for a public hearing. STATE OF FLOzuDA COUNTY OF COLLIER Sworn to (or before this 16th day o{anu4ry,2OlB by Stephen Athey (Print/Type/Sramp Commissioned Name of Notary public) STATEMENT OF VIOLATION AND PursuanttoSectionl62.06andl62.12,,,".ffityordinanceNo.2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected vlolation of the collier county Code, as moreparticularly described herein, and hereby requests a public hearing before the collier county code Enforcement Board, for thefollowing reasons: NEIL C. DAY Commisslon # GG 098508 Exphes August26,2021 Bondod Thru Bld0ot Notary Sorvhot REV 1-2-15 (Signature of Notary identification 'ffi Dated this lst day of May, 2018. Personally known Type 6.A.6.a Packet Pg. 46 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) Case Number: CEpM20"l 80003726 Date: March 15, i01g Investigator: Patrick Baidwin Phone: 23929?8750 COLLIER GOUNTY CODE ENTORCEMENT FIOTICE Or UOLATION Owner: OKOLSKI. ROBTN PO BOX 2354 MARCO ISLAND, FL 34145 Location: 145 Capri BLVD., Naples Fl 34113 Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Doscription: ISLES OF CAPRI NO I LOf 3g6Folio: 52399800008 Pursuant to collier county consolidated code,.Enf.or"ffi#*"nulations, colliar county code of Laws andordinances, chapter 2, Article lX, you are notifled th€t a violatio"nis) of the followingCoiri"r county ordinance{s}and or PUD Regulation{s} exists at the above-described location. ordinance/code: compliance with housing standards- collier county code of Laws and ordinances chapler 22Br-rrldings and Building Regulations. Article vl Property Maintenance iode . seclio " ii-alt($ircl '!2 E(erior and rnterior slruclur€s of dwelting units All the following cornponenl ol a dwetling unil shau be maintained rn good conditionc Roofs Rocrfs shall be marntained in a safe marlfier and have no defecrs which might adrnrt-rarn o,- o*uie darnpness in the wall orinterior portion of the building Violation Status - lnitial DESCR|pT|ON OF CONOTTTONS CONSTTTUTING THE V|OLATTON(S). Did Witness; Roof damage and disrepairto dwelling. OKDER TO CORRECT VIOLATION{S): You are directed by this Notice to take the following corrective action{s}: 1 12 Exterior and intsrior slructures of dwelling units. AII the following componenl of a dwelling unit shall bematntained tn good condition c, Roofs. Roofs shall be maintained in a saie manner and have no olfects which mightadmit rain or calrse dampness in the wall or interior portion of the building ON OR BEFORE: 4-14-1A Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $s00 and costs ofprosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violationremarns, and costs of prosecution. SERVED BY Piilrick Ld5g cEPM20180003726 Signature and Title of Recipient INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr. Naples, FL J4104 Phone; 239 252-2140 FAX: Z3g 252-234A 6.A.6.a Packet Pg. 47 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) Name of Date 'Thls violation may requlre additiofial compliance and approlal from othor departrn*nls which may be requilod uilder locar, stato and lederarrogulations' including' but not Iimlted to: right'of'way peimi! buttdtng p"*it,iei,,irition or "iructi.I, iili"*rop*ent pran, Insubstanlialchange to site Development plan, and variinces rlo'"i *itt,'piy;;;i[i;;P,;inJr, "na "ny nn* o.ori;;;;ing rces reqrir'd forapprovar. 6.A.6.a Packet Pg. 48 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) AFFIDAVIT OF MAILING Code Case Number: CEPM20180003726 Respondent{s}: OKOLSKI. ROBIN THE DESCRIPTION OF THE DOCUMENT(S) SERVED: {Check the applicable docunteri{s)l Xnloti"* of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines Citation _Notice to Appear _Code Enforcement Board Evidence Packet Other: I Maoda Gonzalez, Code Enforcsment Official, hereby swear and af{irm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at PO BOX 2354 MARCO ISLAND. FL 34146- on March 15,2018 AM (Time). Magda STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirn:ed) and subscribed before me this 15 day of March, 2018 by Magda Gonzalez {Name of person making staternent) i,},}"ILY'{AVARRO Llr- t MHiSSl0!{ $ f F 19155 JXPJRIS: Jcnuary 15. El! [:i:e{ itn e:i::t :!!3ry $t}*i:n, {Print,type or stamp Commissioned Name of Notary PuhticJ XPersonalty known _Produced identifi cation Type of rdentific€lion produced -"'1 Gonzialez ;\li, 6.A.6.a Packet Pg. 49 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) AFFIDAVIT OF POS?ING Respondent(s): OKOLSKI ROBIN Code Case Number: C8pM201800037?6 rHE DESCRIPTTON OF THE DOCUMTNT(S) posrED: {Ch eck the appt tca b te dac unent( s) l X Noti"e of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines *Citation _Notice to Appear *Code Enforcement Board Evidence packel Other; I Stephen Athev. Code Enforcement official. hereby swear and affirm that I have perso nally posted the above described dccument{s} for the above respondent{s) at 14s caori Br.vD . on _3-1s-1 8- (Date), at -..-*-11am- (Finre), and at the X Collier County Courlhouse lmmokalee Courlhouse. STATE OF FLORIDA COUNTY OF COLLIER *dfLf:% '.s,fl ilAGDAI,I'COIE Gol,zArti Csmmlssjon #G0 1t!19t €rphos ttey t$,1021 ttw,*A {Print,tyFe or stamp etNotaryPublic) )S*ruonatty knovrn _Produced identifi cation Type of identification produced lreforc rne this 6.A.6.a Packet Pg. 50 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) Collier County, FL Code of Ordinances Page 6 of 22 sanitation facilities adequate to protect the health or safety ofthe occu pantsi public shall be considered to be unsafe, and unsanitary, as well as unfit for human habitation and therefore substandard, except that it shall not be deemed substandard if built and maintained in accordance with the building code at the time of construction. 44. VENTIUTI)N - the process of supplying and removing air by natural or mechanical means to or from any structure, building or dwelling. 45. WEATHERPR))F - able to withstand exposure to weather without damage or loss of fu nction, 46. WEATHERTIGHT - able to exclude wind and rain under typical local weather condltions. 4l , YARD - an open, unoccupied space on the same lot with a building, structure or dwelling. 48. ZONING ORDINAIVCE - the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. (Ord, No. 2010-02,5 4) Sec. 22-230. - Rules of construction. For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this ordinance, the following rules of construction shall apply: 1. The word "shall" is always mandatory and not discretionary and the word ',may,, is permissive.2. Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearl y in dicates the contrary; use of th e masculine gender shall include the feminine gender. 3. The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. 4, Wheneverthe words,,struct\Jre,',',building,,, "dwelling unit',, or,,premises,,are used in this ordinance, they shall be construed as though they were fo[owed by the words ,,or any parts thereof". (Ord. No. 2010-02, 5 5) Sec.22-231. - Compliance with housing standards. All dwellings units whether occupied or unoccupied, shall comply with the requirements of thisSection as hereinafter set forth: SANITARY FACTLTIES REeUTRED - Every dwefling unit shalr contain not less than one (r) kitchensink with counterwork space, one (.1) lavatory basin, one (1) tub or shower, and one (1) commode, arl in good working condition and properry connected to an approved water andsanitary sewer system as approved by Cofiier county or the colier county pubric HearthDepartment as appricabre. Every prumbing fixture and water and *.rt.*it., pipe connectionshall be properry instaled in accordance with the prumbing code and maintained in goodsanitary working condition, free from defects, reaks and obltructions. Every prumbin! rirtrrusharr be rocated within the dwering unit, and be accessibre to the occupants ofthe drielingunit' The commode, tub, or shower, and ravatory basin shaI be rocated in a room affording about:blank 8/19/2015 6.A.6.a Packet Pg. 51 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) Collier County, FL Code of Ordinances Page I of 22 12. of violation. EXTERI)R AND INTERI?R STRUCT|JRES oF DWELuNG uNtrs - all the following component of a dwelling unit shall be maintained in good condition. a. FoUNDATIjN - The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normar use may place thereon. b. EXTERI0R wALLs -The exterior walls shall be maintained free from holes, breaks and loose or rottinS material. such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. RooFs - Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. IIEANS oF lNGREss/EGREss - Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building code as amended by Collier County. c ACCESS - Access to the attic sha be provided by means of an access panel within the dwelling unit. This provision does not re quire tena nt access. STAI RS, PORCH ES, AN D APPU RTENAN CES and any appurtenance thereto, shall b - Every inside and outside stairway, stair, porch, e maintained in a safe condition, capable of e. ATTI f. supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. 8. PRATECTIVE/GUARD RAILINGS - Protective/gua rd railings shall be requirerl in the manner prescribed by the Building code. such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRATLS - Handrails shall be required in the manner prescribed by the Building code.i. wlNDows AND EXTERT]R DooRs - Every window, exterior door, shal be properry fitted within its frame, provided with rockabre hardware, and shal be weather-iight and weatherproof, and maintained in good repair. Every window required for tigfrt anO ventilation for habitabre rooms shalr be capabre of being opened easily and secured in aposition by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or hores. openings origina[y designed as windows and doors shafl be maintained as such, unress approved by the Buirding officiar for encrosure. The crosing inof a window or door shal be by bricking the opening, brocking the opening with concreteblocks and stuccoing the exterior, utirization of an authorized buirding maieriar andfinishing the exterior with like materiar of the originar exterior surface, or boarding theopening. When boarding is used, it shall be trim fit, sealed to prevent water intru,ion, andpainted or stained to conform with the other exterior portions ofthe buirding. Theboarding sharr remain in prace no ronger than t a monihs, unress an extensioi is grantedby Code Enforcement Special Magistrate. about:blank 8/19/201s 6.A.6.a Packet Pg. 52 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) rvoilEr0cIElrlltL-!. r-HLEEI.t- ttt 23335{7 0R: 2{30 pG: 3383 rtt tlcotll0 u olllcltl IICoIDS ot COttIU C00I?t, t! 06'i6/lt tt li;llU DII6[i l. Br0$, CLtU sll,, nroT.ll 00c-.10 8?1,00 IBDrml llt;rrf ft.d n in rs: l. e.lcr luot r !!0 f. Colller '. lllora.Yt llvd., 8ull. z0t,. o. tc aa,IEso trtud, tlortdr 311{6 tlrd D rrr.t: 52 3 99 800008 tulsrl T[Y: Oloc12 TIN: lVarranty Deed Thh lrdcltutt, Madc rhis I I w' dry of iluac Drtrlch l. xcltrtyro, r rlngl. u,or.tr o, rb cory of Colllrr lobb Otolrkl, r rlaglo uqEta IrIr: r.ffils I ?ucnl P0Botill urco It[uD ll illl6 0l!? r 1998 ,r u . Bctwccn co tbo PIrt tbrnol rrlc f,ocordr o! Colllor r of rrcord, ltyarrr. su& of llorl'd., Srrllaor, &t rr,to...&trl ir: P. O. Bor 235{, Xlrco, FL 3{1{6 of Lc cdrry or Colllrr ! surc ur lloridr r lilDtct. Y*-::-o}y-":Y-T:-"fl#"ffiflfrffi"tsror urLLARs. ad ot13 3od rod vdurblc casidcntioo trr CR NTOR in hnd perd hr OI(AN1EE. 6c nript uhrrcof ir hercbl rkno*lcrljcd hr t -rDd, brtrbd Md eld r,o llc sA On'AN'ft} ud GMN'IIf,S hcir:, ruccwr ud sgns ,ixrtct. lh( lbllo*iag rtc*ribcd lu( siurrc, tyht rdbcira b rt* cet of Colllor surc or llorldt lo rrl Itot 386, rrlrr ot rcoordrd la ?ht l Couatyr llorldr. Crprl Eoot 3, No. rd t t dr rl,ct bcrby fullt raml rhe ddc ro sid lrnrl rad rill dcfcnd tlr srnr ryriast lewful clriru of dl Pctscls *holrsocvc'. lf lUltfCl| UYhCttOfr Uc lrdrr hg lErquto s.t his hrd rad xrl the dr1 uad ysu llrsr rbor. srirr.o. ud &Uvcrcd lr orr pr*!oe: Iubr.€t to rortrlc ray, esd tu.t lor rl r(6-t--tDa., STATE OF Plorlde OOUNTY OF colllrr Ib tqohj ilrareoa wu rctrwlcd3cd bcfryc c tlirPetrtoh l. llafBt:rr. rtohfrmly rc llorldr dr .i- .!.;'h r',r'. - I / t', -t-!:<. i.(Scal)ErTflGla I;-XaIntyrT - P 0. A&!r$ P. O, lct lra' tlrr.o 1d[4 DL I lUt dry or rruaa Not.ry A$lta My Coraoisln Eryiu vrd ltlta (E= lo 0c a uAo bI tryGr.sab OlIr*IJrEh. t, (glru.tlrt r6ntDl s idcntillertion. ,1998 yt 6.A.6.a Packet Pg. 53 Attachment: CEPM20180003726 Okolski (5734 : CEPM20180003726 Okolski) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5735) DOC ID: 5735 Updated: 5/21/2018 11:40 AM by Danny Blanco Page 1 CEPM20170019484 Baldwin CASE NO: CEPM20170019484 OWNER: Bradford Baldwin OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(c) and 22-231(12)(n). Roof in disrepair, Carport in disrepair, exterior siding in disrepair. FOLIO NO: 49532640009 VIOLATION 23 Creek Cir., Naples, FL ADDRESS: 6.A.7 Packet Pg. 54 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM2O170019484 VS BRADFORD BALDWIN, 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 0610112018 TIME: 09:00 AIt/ PLACE: 3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION: Roofs-Dwelling22-231(12)(c) and22-231(12Xn). LOCATION OF VIOLATION:23 Creek CtR, Naptes, FL SERVED: BRADFORD BALDWIN, Respondent Stephen Athey, 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 three 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 Office of the Special l\4agistrate 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 W]TH A DISABILITY WHO NEEDS ANY ACCOMIVIODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRoVlSloN oF cERTAIN ASSISTANCE, PLEASE coNTACT THE CoLLIER CouNrv rectltrtEs ttrtertraoer,,rer.rr oEpanrrr,leNr iocaJeo ai ssot easr reultAMt TRAtL, NApLES FLoRtDi34112 (239)774-8800; ASSISTED LISTENING DEVIcES FoR THE HEARING tMPAtRED ARE AVArr-aaiE iN iHe coururv coutr,rrssror.rens,drrrcr entendimiento @n las comuni€ciones de este evento. porfavoi traiga su prcpio traductor, Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. si ou pa pate angl6 tanpri vini avdk yon intdprdt pou pal6 pou{u. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved. 6.A.7.a Packet Pg. 55 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) VS COLLIER COUNTY, FLORIDA SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSTONERS, petitioner DEPT CASE NO. CEPM2OI7OOI9484 Baldwin, Bradford STATEMENT OF VIOLATION AND PursuanttoSection|62.o6andl62.l2,.,onffityordinanceNo.2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the collier county code, as moreparticularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for thefollowing reasons: 1' violation of ordinance(s) Collier County Code of Laws and ordinances Chapter 22 Buildings andBuilding Regulations, Article VI Property Maintenance Code, Section, zz-zitltz)(c) and2i-231(12)(n). 2. Description of Violation: Roof in disrepair. Carport in disrepair. Exterior siding in disrepair. 3. Location/address where violation exists: 23 Creek Cir., Naples FI 34114 Folio: 49532640009 4. Name and address of owner/person in charge of violation location: Baldwin, Bradford, 14Henderson Dr Lot 12, Naples, Fl 34114 5. Date violation first observed: December l4th,2Ol7 6. Date owner/person in charge given Notice of violation: December lgtt,2017 7 . Date on/by which violation to be corrected: January 15th, 201 g 8. Date of re-inspection: March lrt, 2018 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COTINTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violationcontinues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that theviolation should be referred to the Collier County Special Magistrate for a public hearing. Dated this lst day of March, 2018. STATE OF FLORIDA COUNTY OF COLLIER Investigator Sworn to (or affirmed) and subscribed before this lst day of_l\4Arch , 2018by Stephen Athey t1 ofNotary Public) / Personally known V or produced identification Type of identifi cation produced ( Print/Type/Stamp Commissioned Name of Notary Public) .$Ifg .- JosEpHrncM."ffi,ffi#ffiI}ffiffiREV 1-2-15 6.A.7.a Packet Pg. 56 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) Case Number: CEPlttl2Ol 7001 9484 Date: Oecember 15, 201I lnvestigator: Stephen Athey Phone: 239252243A Owner: BAIDilt'lN BRADFORD 14 HENDERSOh} DR LOT 12 NAPLES, FL 34114 Location:23 Creek CIR Naples Fl 34114 Unincorporated Collier County Zoning Dist: MH Property Legal Deseripfion: HENDERSON CRfEK FK BLK G LOT Folio: a95325d0fi09 COLLIER COUNTY CODE ENTORCEMENT l'lOTlCE OF VIOLATI0H ]2 0R 1980 PG 45 HOTICE Pursuant to Go,lier county consolidated code Enforcenrent Regulations, collier county code of Laws andOrdinances, Chapter 2, Article lX, you are notified that a violatio;(s) or the following coitier County ordinance(s)and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22Buildings and Building Regulations, Article Vl Property Maintenance ioOe . Section 22-231112)(n) compliance with housing standards coltier county code of Laws and ordinances chapler'Z2 guildings and BuildiflgRegulations, Article Vl Property Maintenance Code , Section ZZ-231(l2[ci 12 Exterior and interior struclures of dwelling units. All the following component of a <lwelling unit shail be nraintatned in good condition.n Ac'cessory stnrcture. All accessorY struclures sha,l tle maintainedand kept in good repatr Ind sound structural condilron 12 Exleriar and rnterior structures of dwelling units. All lhe following component of a dwelling unit shall be maintained ingocd condition c Roofs Roofs shall be maintained in a safe manner and have no defects ,,v=irict ,night admit rain or cause dampness in the wall or interior portion of the building Violation Status - lnitial DESCRTPTION OF CONDIT|ONS CONSTTTUTTNG THE VIOLATtON(S,. Did Witness: Roof in disrepair. Carport in disrepiar, Exterior siding of trailer in disrepair. ORDER TO CORRECT VIOL,ATION{S}: You are directed by this Notice to take the following corrective actionts) 1 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shal be maintained in good condition n Accessory structure. All accessory slructures shall be maintarned and kept in good repair and sound structural condition. 2 12. Exteriar and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition" c. Roofs Roofs shall be maintained in a safe manner and have no defects which might admit rain or 6au$e dampness in lhe wall or interior portion of the building. ON OR BEFORE: 1-1s-18 Failure to correct violations rnay result in: 1) Mandatory nctice 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 rn fines up to $1000 per day per violation, as long as the violation remains, and costs of proseeution. 6.A.7.a Packet Pg. 57 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) SERVED BY Case Number:9484 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODT ENFORCEMENT 2600 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 2SZ-2343 Signature and Title of Printed Name of Recipient Date 'Yhis violation may requira additional compliance and approval lrom other departments which may bo required under local, state and federalr€g[lations, including, hut not limited to: right-of-way permit, building penrit, demolition o{ structure, sile Dsvelopmenl plrn. lnsubstantialchange to site Dovolopmant Plan, and variances along with, payment ot impact teos, and eny new or outstanding fees required for approyal. 6.A.7.a Packet Pg. 58 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) .AFFID,A,VIT OF FOSTING Code Case Number: CEPMZ0{70019484 Respondent{s}: BALDWIN, BRADFORD THE DESCRIPTION OF THE DOCUMENT(S) POSTED: {Check the applicable do€ufitst1(s)J X*ruotic" of Viotation _Notice of Hearing _Notrce of Hearing/lmpo$ition of Fines _Citation _Notice to Appear *Code Enforcement Board Evidence Packet Other. I "$"tsShe{r-4hey, Code Enforcement official. hereby swear and affirm that I have personally posted the above described docurnent(s) for the above respondent(s) al 23 Creek CIR , on _12-19- j7_ (Date), at -10am- (Time), and at the -X*Collier County Courthouse _ lnrmokalee Courthouse. SI}TE OF FLORIDA COUNTY OF COLLIER Sworn to-(or affirmed) and subscrbed before merris u c)t oay or' .t}€"f <;i r "n l-.qat2o*oy Stephen Athey (Name olperson making slatement) *df:.:f.6 UAGDA N,coLE GoNZALEZ . -b:r# . Commtssionf GG 105t99,:W:h ErpirosMayt6,20fi f st 1r' r utrtrd lte Bq{d }totdr}- Sffroo, XPersonally known (Print. type or stamp Notary Public) _Produced rdentrfi cation Type of identification produced Commrssiened Name of 6.A.7.a Packet Pg. 59 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) AFFIDAVIT OF MAlLll'lG Code Case Number: CEPM20120019484 Respondent{s): BALDWIN, BRADFORD THE DESCRIPTION OF THE DOCUMENT{S} SERVED: {Che ck th e ap pli c a bte docu me nt( s)J XNotice of Violation *Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear *Code Enforcement Eoard Evidence Packet Other. I Magda Gonzalez. Code Enforcement Official, hereby swear and affirm that a true and correcl copy of the notice re{erenced above, has been sent First class U.s Mail to the above respondent at 14 HENDERSoN DR LoT 12 NAPLES, FL 34114- on December 19, 2017{Date), at B:31AM (Time). STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 19 day of Oecernber, 2A1? by lr{agda Gonzalez {Nanre of person rnaking $taternent) ($ignature of Notary ffi Notary type 0r stamp Public) of XPersonally known *Produced identifi cation Type of identification produced 6.A.7.a Packet Pg. 60 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) Collier County, FL Code of Ordinances Page I of 22 of violation. EXTERIOR AND INTERIOR STRUCTURES OF DWELLING UNITS - all the following component of a dwelling unit shall be maintained in good condition. a. FOUNDATION - The bullding foundation walls or other structural elements shall be ma jntained in a safe manner and be capable of suppofting the load which normal use may place th ereon. b. EXTERIOR WALLS - The exte rio r walls sha ll be mainta in ed free from holes, b rea ks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. ROOFS - Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. MEANS OF INGRESS/EGRESS - Every dwelling or dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space, A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. ATTIC ACCESS - Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access, f. STAIRS, PORCHES, AND APPURTENAA/CES - Every inside and outside stairway, stair, porch, ahd any appuftenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Bullding Code as enacted by Collier County. 8. PROTECTIVE/GUARD RAILINGS - P rotective/gua rd railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. HANDRAILS - Handrails shall be required in the manner prescribed by the Building Code, i. WINDOWS AND EXTERIOR DOORS - Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the Building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. when boarding is used, it shall be trim flt, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions ofthe building. The boarding shall remain in place no longer than '19 months, unless an extension is granted by Code Enforcement Special l\4agistrate. 12, 811912015about:blank 6.A.7.a Packet Pg. 61 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) Collier County, FL Code of Ordinances 13. 14. 15. 16, j. wlNDow sAsH - window sashes shall be properly fltted and weather-tight within the window frame. k. HARDWARE - Every door shal be provided with proper hardware and maintained in good cond ition. l, scREf /5 - Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. PROTECTIVE TREATMENT - All exterior sutJaces other than decay-resistant woods shall beprotected from the elements by painting or other protective covering according to manufacturer's specifications. n. ACCESS1RY STRUCTURE - Ar accessory structures shal be maintained and kept in good repair and sound structural condition. o. INTERI?R DooRS - Every interior door sha be properly fitted within its frame.p' INTER|0R FLooR, WALLS AND cEtUNG - Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the road which normar use may cause to be praced thereon.q. STRUCTURAL SUPP)RTS - Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon.r. GUTTERS AND DowNspours - Gutters and downspouts shaI be maintained in good repair and shall be neatly located and securely installed. occuPANCY STANDARD, DWELLTNGS - Every dwelling unit shall comply with the minimum space footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than 4 unrelated individuals per household. No habitable room other than a kitchen shall have an area of lessthan 70 square feet as prescribed in the Building Code. MTNTMUM CETLTNG HETGHT - Habitabre space other than kitchens, storage rooms and raundryrooms shall have a ceiling height of not less than the minimum ceiling height requirements specified in the building code at the time of construction. PooL MATNTENANCE, pRtvATE - aI swimming poors, spas and architecturar poors, ponds orother decorative bodies ofwater, not otherwise regurated by the Hearth Depaftment, shal beproperly maintained so as not to create a safety hazard or harbor insect infestation. watershall not be allowed to stagnate or become poluted. AIr poors shafl be free from unsightry appearance, including but not limited to, free of mold, litter and debris. occuPANCY oF spACE BELow FLooD ELEVATToN - no space constructed berow the thenminimum flood elevation at the time of the original construction shall be used as a habitablespace or dweling unit. use of such areas shaI be rimited to storage or utiritarian activity (i.e.,game room) and improved to meet FEI\4A requirements. Page 9 of 22 about:blanl< 8119/201s 6.A.7.a Packet Pg. 62 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) 3370011 0R: 3531 PG: 1653 lle0il]lD ln 0tllent Uc0rug ot C0[[Itt C0UI?!, t[ 03/30/2001 rt 03;5t?I DIIGI? l, DI0CI, $ilI Ilc nt t5.00 tet,: Doc''?o '?o BTTDIOXD BTI,DIIIll nmnsot DI ruu8 il, 3lul Tax Parcel No. I QUITCLAIM DEED THIS QUITCLAIM DEED is effective the between Thomas R. Kneisl ey and Robert RRichard F. Kneisley, as Tru Richard F. Kneisley, et al., ?.4 , day of January, ZOO2,by and. Kneisley, as successor Trustees tostee under ble Trust Agreement for the benefit of 4854 Oak Glen Drive, Toledo (the Grantor), whose address is address is 1400 Henderson Baldwin (the Grantee) whose 3961 That the Grantor, valuable consideration, lars (g1o.0o) and other and convey to Grantee, h does hereby grant property located in Collier following described real Lot 12, Block "G",EK PARK, according to the plat thereof recorded in plat Book 6 , page 8, of the Public Records of Collier County,Florida; and reservi ng therefrom a S'water line easement alo ng the East 51'ofthe North 68' of Lot 12, Block "G", and improvements thereof. Subject to restrictions, reservations and easements of record and taxes for 2001and subsequent years. Together with all the rights, tenements, improvements, herediments, easementsand appurtenances thereto beionging or in anywis'e appertaining. To have and to hold the same in fee simple forever. 12, Naples, an ideration of th of which is and assigns ("Pro I 6.A.7.a Packet Pg. 63 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) ,0R: 3531 PG: 1654 The benefits.and obligations hereunder shall inure to and be binding upon thesuccessors and assigns of the respective parties hereto. lN WITNESS WHEREoF, the undersigned Grantor has executed this instrumentas of the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: 'qrc to I IF ard Richard F. Kneisley, ble Trust Agreement F. Kneisley, et al., 5 ,?s dated -2- i v^^i. 6.A.7.a Packet Pg. 64 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) I STATE OF OHIO COUNTY OF LUCAS successor Tt to Richard F s Trustee Agreement for the benefit of persons did take an oath a X is/are perso produced produced (notary seal must be affixed) Prepared by: Joseph H. Pilkington, Attorney Joseph H. Pilkington & Co., p.C. One SeaGate, Suite 720 Toledo, Ohio 43604 Send deed and tax bills to: Mr. Bradford Baldwin 1400 Henderson Drive, Lot No. 12 Naples, Florida 33961 fft 0R' 3531 PG: 1555 ilt under Revocable Trust October 22, 1985. Such ox) SS The foregoing instrument was acknowredged before me this %4 day of 2002, by Thomas R. Kneisley and Robert R. Kneisley, as ) ) ) b .bSEPHH. PIL{T{GTON Afirmy al Law r.*.tr.rr,. I'lol8ryh.6Ic -State ol Ohio .."" ^ r My Commiieion hry_n9 epira(on $- I - ... Sedion 147.0{l R.C.... ntification as identification. otary Public q CL al '-. o. ,'. 't'o :(.o, i*1.r check app ri+.-. : : : 6.A.7.a Packet Pg. 65 Attachment: CEPM20170019484 Baldwin (5735 : CEPM20170019484 Baldwin) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5741) DOC ID: 5741 Updated: 5/22/2018 9:13 AM by Danny Blanco Page 1 CENA20170013694 Valencia Imposition of Fines CASE NO: CENA20170013694 OWNER: Elias Valencia OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Weeds over 18 inches. FOLIO NO: 38101960008 VIOLATION 2930 70th ST SW, Naples, FL ADDRESS: 7.B.1 Packet Pg. 66 SPECIAL MAGISTRATE IMPOSITION OF FINES/LIEN HEARING DEPT. CASE NO. CENA2O170013694 Hearing Date: June I, 2018 Board of County Commissioners vs. Elias Valencia Original Violation(s): Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-185(b). Folio:38101960008 Past Order(s): On January 5, 2018 the Special Magistrate issued a Finding 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 Special Magistrate, OR 5475, PAGE 663 for more information. The violation has been abated as of February 13,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $50.00 per day for the period from January 13, 2018 to February 13,2018 (31 days) for a total fine amount of$1,550.00 Previously Assessed Operational Costs of$111.85 have been paid. Operational Costs for today's hearing: $111.70 Lot Mowing Abatement costs incurred by the County in the amount of $100.00 have been paid Total Amount to date: $1.661.70 a) The gravity of the violation: Low b) Any actions taken by the violator to correct the violation: Respondent paid all fines, liens, and operational costs. c) Any previous violations committed by the Respondent/violator: Two previous litter cases, one liened. Respondent is working to resolve remaining liens at this time. d) Any other relevant factors: None Violation Location: 2930 70TH ST SW, NAPLES, FL Description: Weeds over i8 inches. 7.B.1.a Packet Pg. 67 Attachment: CENA20170013694 Valencia Imposition of Fines (5741 : CENA20170013694 Valencia Imposition of Fines) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CENA20170013694 VS ELIAS VALENCIA, 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: TIME: PLACE: VIOLATION: 06t01t2018 09:00 AM 3299 Tamiami Trail East Building F, Naptes , FL 3411; Weeds Estates 30 FT Residential Structure 54-185(b) LOCATION OF VIOLATION:2930 70th ST SW, Naptes, FL SERVED: ELIAS VALENCIA, Respondent Jon Hoagboon, 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 three 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 Office of the Special tMagistrate at least five (5) business days prior to the date set for thehearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at thehearing to include emphasis on section Eight relating to the appeal process. Danny Blanco COLLIER COUNW CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABILIry wHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE-IN TH|S PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THPRovlsloN oF cERTAIN ASslsrANcE, PLEASE coNrAcr rHE coLLrER couNTy FActLtTlES Mlteotuerur oepaRruerur loceJEo at s3or enst llMtAMt rRAlL, NA'LES FLoRtD34112l23s)774-88@; ASSISTED LISTENING DEVIcES FoR THE HEARING tnilpatnEo enE averr-leii iN THe coururv cor,itr,itrssror.rins'oirrcr entendimienlo @n las @muni€ciones da este evento. porfavoi traiga su prcpio traductor, Avgusman - Tout odisyon yo fdt an angld. Nou pan gin moun pou fd tradiksyon. Si ou pa pal6 anglg tanpri vini avek yon intepr6t pou pal6 pou-ou. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved. 7.B.1.a Packet Pg. 68 Attachment: CENA20170013694 Valencia Imposition of Fines (5741 : CENA20170013694 Valencia Imposition of Fines) INSTR 5507434 oR 5125 PG 661 RECoRDED 2/7/20L8 2:56 PM PAGES 2P!r-GIT^E:^BRocK' cLERK oF THE crniuir couni,' iol_rEn-iouNTy FLoRTDAREC $18. 50 a SPECIAL MAGISTRATE Case No. -CENA20170013694 BOARD OF COUi{TY COMMISSIONIERScoLLmR COUNry, I,LORTDA, vs, Petitioner ELIAS VALENCA, ) Respondent. i THIS CAUSE came on the Special Magistrate, respective to all appropriate Magistrate, as follows: I Respondent, Elias Vr 2. Respondent was notified on and January 5, 2018, and and heard argument Order of the Special Magistratg, has jurisdiction of Respondent, having been duly notified, did not appear at the public hearing. Weeds over 18 inches. The violation has not been abated as ofthe date ofthe pubric hearing.i and posting and the Special 3. 4. i. The real properry located at2930 70th street sy,_Iti"r, Florida, Folio #3gr01960008 (LegalDescription: GoLDEN GATE EST trNrr 29 N'3t5hT oF TR ii;s in viotation of coltiercounty cdde of Laws and ordinances, chapter 54, Article vt, section 54-lg5(b), in thefollowing particulars: 5 ( ORDER Based uporf the foregoing Findings of Fact and concrusions of Law, and pursuant to the authority Bfiffil$r:rapter.162, Florida statutes, uid coili.. cornty orJir*c" No. oz_++, u, ;;;i;d, it is hereby the owner of the i! 7.B.1.a Packet Pg. 69 Attachment: CENA20170013694 Valencia Imposition of Fines (5741 : CENA20170013694 Valencia Imposition of Fines) *** oR 5475 PG 662 ***. C DONE AND ORDEREI) i. A. B. ff:ffi:iJUitljli"f,:,fl,?:U]",* orcolier counry code orlaws and ordinances, chapter 1 Respondent must abate the vioration by mowing or causing to mow all weeds, grass, or othersimilar non;protected overgrowth in eicess of elghteen ir"i"r ir-i"i!nt, tocateo within thirty feet 9f lny residential structure up to any lot line, and-mow t" "tt"igii'"fol"r, thu, six inches on orbefore January 12,2018 ora fine of $so.oo per day will be imposed for each day the violationremains tfie,reafter. If Respondent fails to comply with this order, the collier county code Enforcement Departmentmay abate the violation using any method to bring the violation into "ompliance. If necessary, thecounty may request the services of the coliie; county srreriris oince for the purpose ofaccessin$the property for abatement. All costs "r"ultrr."t:;;ll ;"-;.r"ssed against thepropeffy. i Respondent is ordered to pay operational costs for t}te prosecution of this case in the amount of$111.S5 onlbr before February 5,201g. Respondent shall notifo the abatement cir compliante so {. Jon Hoagboon, within 24 hours of to confirm compliance. Count5r, Florida. ENF'ORCEMENT ON I HEREBY CERTIFY correct copy of a Board MinLrtes and PAYMENT oF Ftr\lES: Any fines ordered. to-be paid pursuant to this order may be paid at the colliercounty code Enfgrbement Division, 2800 Norrh rtorsestroi oiiu.,-Nupr"r, FL 341L4,phone # (23g) 252_2440' or www'colliergov'net' Any ielease of lien or confirmati;;i compliance or confirmation of thesatisfaction of the,obligations of this order may also be obtained at this location. AIPEAL: Any aggriev?d pu.ry may appeale final order of the Spdcial Magistrate to the circuit courtwithin thirty (30) diivs of the Lxecution oiit. ora", upp"ui"a. ar,-ipp"ar shaii not u" u r,!*rog de novo,but shall be limited to appellate review of the ,""oia created *iirri. the original hearing. It is the i:',flHl^#J"1*?i'"'J"1it-##.[:?f ,Xg:Xl'rum*lt:J*;?ffi d;ti:i-orcourts State of Florida . ..r R S County of COLLIER ,_-'*. i. . ' ' ' UffitilJ' 2018 Respondent(s) - Elias Valencia, Collier Co. Code Enforcement Division 9.1' OWIOUT E. BROCK, CLERK OF COU D, E. i i T cc: 7.B.1.a Packet Pg. 70 Attachment: CENA20170013694 Valencia Imposition of Fines (5741 : CENA20170013694 Valencia Imposition of Fines) vs COLLI ER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COLTNTY COMMISSIONERS, petitioner OSM CASE NO. CENA2OI7OOI3694 VALENCIA, ELIAS, Defendant(s) AFFIDAVIT OF' COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jon Hoagboon, Code Enforcement official for theHearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1' That on January 05,2018, the Special Magistrate 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 of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 5475pG 661. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on February 13, 201g. 4. That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was incompliance due to abatement by County assigned vendor. FURTHER AFFIANT SAYETH NOT. DATED this l3th day of February,20l8. COLLIER COUNTY, FLORIDA HEARING OF THE MAGISTRATE Official STATE OF FLOzuDA COLTNTY OF COLLIER J Swom (or (Signature of Public) (Print/Type/Stamp Commissioned Name of Notary Public) and subscribed before me this tffiy or F€B , zo!-tuy Jon Hoagboon KERRYADAI'i|S MY COMMISSION * FF 13S721 EXPIRES: JulY 8,2018 BondedThru Budget Notary Services t * Personally known { 7.B.1.a Packet Pg. 71 Attachment: CENA20170013694 Valencia Imposition of Fines (5741 : CENA20170013694 Valencia Imposition of Fines) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5742) DOC ID: 5742 Updated: 5/22/2018 9:19 AM by Danny Blanco Page 1 CESD20170015145 Carlos A. Rojas PA Imposition of Fines CASE NO: CESD20170015145 OWNER: Carlos A. Rojas PA OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Damaged pool enclosure on the property without a valid Collier County permit that is required for the repairs or replacement. FOLIO NO: 55100800003 VIOLATION 255 Pine Valley Cir., Naples, FL ADDRESS: 7.B.2 Packet Pg. 72 SPECIAL MAGISTRATE IMPOSITION OF FINES/LIEN HEARING DEPT. CASE NO. CESD2Ol7OO15I45 Hearing Date: June 1, 2018 Board of County Commissioners vs. Carlos A. Rojas PA Original Violation(s): Collier County Land Development Code, 04-41 , as amended, Sections 1 0.02.06(B\ 1)(a) and 10.02.06(8)(t)(e)(i). Violation Location: 255 PINE VALLEY CIR, NAPLES, FL Folio: 55 100800003 Description: Damaged pool enclosure on the property without a valid Collier County permit that is required for the repairs or replacement. Past Order(s): On January 5, 2018 the Special Magistrate issued a Finding 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 Special Magistrate, OR 5475, PAGE 665 for more information. The violation has not been abated as ofJune 1,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $100.00 per day for the period from May 6,2018 to June 1,2018 (27 days) for a total fine amount of $2,700,00 Fines continue to accrue Previously Assessed Operational Costs of $112.05 have been paid. Operational Costs for today's hearing: $111.80 Total Amount to date: $![!!!Q 7.B.2.a Packet Pg. 73 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20170015145 CARLOS A ROJAS PA , 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE; 0010112018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Buitding F, Naptes, FL 3411: VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) and 10.02.06(8)(1Xa). LOCATION OF VIOLATION:255 Pine Valley CtR, Naples, FL SERVED: CARLOSA ROJAS pA, Respondenl Jonathan Musse, lssuing Officer RESPONDENTS ARE REQUIRED To APPEAR AT 8:30 AM FoR A PRE-HEARTNG 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 evldence to be relied upon forthe testimony given atthe hearing. Documents will consistofthe original and three 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 Office of the Special Magistrate 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 YOUARE A PERSON W'TH A DISABILIry \l\ltlo NEEDSANY ACCOMJI,IODAT]ON IN ORDER TO PARTICIPATE IN THIS PRC)CEEOING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH 34112 (239)774+300; ASSISTED LrsrENrNG DEVTcES Foa rre reenmc rw iAineo nni eVeiraiiii iiJre cour,rry coMMrssroNERs,oFFIci Avelisman - Tout odisyon vo let an angre. Nou pan gin moun pou f6 rradiksvon. si ou pa par6 angB |"iprr vini av6k yon inroprel pou pare pou{,. ActiveReports Evaruation. copyright 2002-2007 (c) Data Dynamics, Ltd. AI Rights Reserved. VS. 7.B.2.a Packet Pg. 74 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) INSTR 5507436 oR 5475 PG 665 RECoRDED 2/7/20L8 2:56 pM pAGEs 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35. 50 SPECIAL MAGISTRATE Case No. -CESD20170015145 vs. BOARD OF COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, CARLOS A. ROJAS PA, ,lt.l' Respondent 1. THIS CAUSE came on the Special Magistrate, respective to all appropriate Magistrate, as follows: Respondent, Carlos A. Roj Respondent was notified of the Magistrate has jurisdiction of this matter, on January 5, 2018, and and heard argument and Order of the Special ,mail and posting and the Special 1 2 3. Responderit, having been duly notified, did not appeax at the public hearing but was represented by Maria Rojas, who entered into a stipulation. 4. The real prbperty located at 255 Pine Valley Circle, Naples, Florida, Folio #55100g00003(Legal Description: LELY GoLF EST sr ANDREWS w BLK15 Lor 15 oR 1307 pG 43), is inviolation of collier county Land Development code 04-41, as amended, Section 1 0'02. 06(8)( I )(a) and l 0. 02.06(BX t )1e)(i), in the foilowing particurars: Damagbd pool enclosure on the property without a valid Collier County permit that is ,, . required for the repairs or replacement. l 5. The violation has not been abated as ofthe date ofthe public hearing. t. i tl,i' ir owner i: 7.B.2.a Packet Pg. 75 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) oR 5475 PG 666 ORDER . .B1t-"d upon the foreg-oing Findings of Fact and Conclusions of Law, and pursuant to the authority BffilHSlaptet i62, Florida Statutes, and collier County orainan'ce No. 07-44,'as amended, it is hereby i' A. Respondent is found guilty of violation of Collier County Land Development Code 04-41, asamended, S.ection I 0. 02.06(BX 1 )(a) and I 0.02.06(BX I )ieXi). B' Respondent must abate the violation by.obtaining all required Collier County Building permits,inspections, and -C^efi!ga]e of Completion for thi protective pool barrie, or, o" befor! May 5,2018 or a fine of $100.00 per day will be imposed for each .day the violation remains thereafter. C' If Respondbnt fails to comply with this order, the Cotlier County Code Enforcement Departmentmay abate the violation using any method to bring the violation into compliance. If necessary, the 9:-rrq ma! request the services of the Collier County Sheriff s Office for the purpose ofaccesslng the property for abatement. All costs of abatement shall be assessed against theproperty. ; i' Respondent is ordered to $112.05 en'br before Fe pay .l Respondent shall notiff abatement or : ,' l DONEAI\[D Respondent(s) - Carlos A. Rojas pA Collier Co. Code Enforcement Division ,i, D. E. of this case in the amount of Musse, within 24 hours of to confirm compliance. County, Florida. ENFORCEMENT IHEREBY CERTIFY correct copy of a Bcard Minutes and' C BaYnENT or r .nEs: Any fines ordered_ to be paid pursuant to this order may be paid at the Collier !r")l?_!*:,Enforc_ement Division, 2800 North uorc"stoi o.ir",'r.lupf"r, FL 34to4,phone # (z3g)zsz-z41v or www'colllergov.net' Any release of lien or confirmation of iompliance or confirmation of thesatisfaction of the,obligations of this order may also be obtained at this location. aplr4l: Any aggriw?d pu.ty may appeal a final order of the Special Magistrate to the Circuit Courtyithil thirty (30) days of the exeiution oith" ord"r appealed. An-appeal shall not be a hearing de novo,but shall be limited to appellate review of the record createa *iiriin tt" *ignul-h"";irg. It is theresponsibility of the appealing party to obtain a tuanscribed record of the hearing io* th" a"h of Courts.Filing an Appeal will not automatically stay the Special Magistrate,s Order. State of Florida-'--o'vhE'Y u ! County of COLLfER ( DWIGHT E, BROCK, l. j .t :J : 7.B.2.a Packet Pg. 76 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) oR 5475 PG 667 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Carlos A Rojas PA Respondent(s), ln consideration of thei.dispos jtion and a hearing is currently scheduled for J enforcement process; and to obtain padies hereto agree as follows:'1) The violations noted in the refere Damaged pool enclosure on repairs or replacement. THEREFORE, it is agreed betwee 1) Pay operational costs in the days of this hearing. 2) Abate all violations by: Obtaining all required Collier the protective pbol barrier within imposed until the violation is abated.3) Respondent m ust notify Code Enforcement ln 24 hours of ndent or Represe ive (sign) STIPULATION/AGREEMENT coMES Now, th€ undersigned, carros A Rojas pA, on beharf of himserf o,. /Vl0r; o t'Jot," representative for Respondent and.enters into this Stipulatio" "na ngil#."iwii, c;me, co,rrtG; to tfrJresolution of Notices of Violation in reference (casej number cEs-D2o17oo1s1+s oateo tire ieil-o;v- ofOctober, 2017. resolution of the matters ouflindd in said Notice (s) of Violation for which H Af1 /A 0-1 a Respondent or,Re presentative ote efficien cy in the administration of the code olution of the matters outlined therein the and I stipulate to their existence ounty permit that is required for the ution of this case within 30 and Certificate of Completion for a fine of$ 100.00 per day will be abatement of the violation and request q q Jo [/u a, Supervisor for chael Ossorio, Director Code Enforcement Division anuary aq 5 u the lnvestigato r.perform a site inspection to confirm com pliance. Q4 houls no(cs Bha[ ba phone or Lx and msde durtng the workweek. I the Votalon Is abaled 24 houE prlorto € Saturday, Sunday or tEgal hotiday, ih€n lhsnotifietion mu$ b€ mads on rhe n.xt day fiar ts not s S.rurday, Sunday or l6g.tholtday.)4) That if the Res pondent fails to abate the violation the Cou nty may abate the violalion using any methodto bring the vi olation into compliance and ma y use the assistance of the Collier County Sherifls Officeto enforce the Provis ions of this agreement and all costs of ent shall be assessed to the propertyer. p 5- tB btice of Violation a e $ ui1 erlnlPding t, out a tid c Date (print)Date t-5 Ig REV $29-16 #q" Case No. CESD2017OOlS145VS. 7.B.2.a Packet Pg. 77 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) *** oR 5475 PG 668 *** Ptenniag and Rcautetion 2800 N. Horseshoe Dr. This Authorization is: ( P r int Quol iJier's N one) D (Cempany Nane) ador obtaining pennils. Print Nrmc of Authorbdd pcrson(s) 0r*r Pcmltir of Frirry,I Signature o[ STATE OF COTINTY n A ONE TIME Authorbatirm - Job Address:./ V IN,aDuiow toAuthorizod percons I nDplAcllycAnthorized percons Authoriz*tion Form Fax to: (239) 252-3990 holdm f,or .rd flal tL hrfs sl.t d ir it Dr. trr.. B usi nessCenterFax(@colli ergov. net Phona: (239>Z5Z-24A0 individua(s) to act as rrly agent in su.brnitting [, r I OJ PtrHic) autlilorizE AI{A PAYESO Notary Public - StateofFlorlda Commissior* t GG 09],151 tltyComm. Exptres Apr 11,2021 B6ded h@f iJanomlloElAn rn ftnmiyKmm EE h.ed ,r.**"*, Ehrpa er r&:rra*er l 7.B.2.a Packet Pg. 78 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) vs. COLLIER COUNTY, F'LORIDA OFF'ICE OF'THE SPECIAL MAGISTRATE COLLIER COLINTY BOARD OF COUNTY COMMISSIONERS, petitioner OSM CASE NO. CESD2Ol70015145 CARLOS A ROJAS PA, Defendant(s) AF'FIDAVIT OF NON.COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement official for theHearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1' That on January 05, 2018, the Special Magistrate held a hearing and issued an Order in the above-styledmatter and stated that Defendant(s) was in violation as stated in the order of the Special Magistrate recordedin the public records of collier county, Florida in oR Book 5475 pc_6ol_. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 7th,20lg. That the re-inspection revealed that the corective action ordered by the Special Magistrate was not in compliancewith the following conditions:Permit has not been obtained for the remorul of th" pJol enclosure nor has a permitbeen obtained for alternate pool barrier ofhis choosing. FURTHER AFFIANT SAYETH NOT. DATED this 7th day of May,20t8. COLLIER COLINTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE Code Offrcial STATE OF FLORiDA COLTNTY OF COLLIER Sworn and before me this (Print/Type/Stamp Commissioned ldLclay of May,2018 by Jonathan Musse uanny Blanco Commision#FflM545 Expires: Aptil 21, 2020 Bonded thnt Aaron ltotan Personally known { Name of Notary Public) 7.B.2.a Packet Pg. 79 Attachment: CESD20170015145 Carlos A. Rojas PA Imposition of Fines (5742 : CESD20170015145 Carlos A. Rojas PA Imposition of Fines) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5743) DOC ID: 5743 Updated: 5/22/2018 9:23 AM by Danny Blanco Page 1 CEPM20170016043 Martino Imposition of Fines CASE NO: CEPM20170016043 OWNER: Rita Martino OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(n). Private pool enclosure in disrepair. FOLIO NO: 53953720002 VIOLATION 304 Nason Ln., Naples, FL ADDRESS: 7.B.3 Packet Pg. 80 SPECIAL MAGISTRATE IMPOSITION OF FINES/LIEN HEARING DEPT. CASE NO. CEPM2Ol7OOT6043 Hearing Date: June 1, 2018 Board of County Commissioners vs. Rita Martino Original Violation(s): Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-23 1( I 2)(n). Violation Location: 304 NASON LN, NAPLES, FL Folio: 53953720002 Description: Private pool enclosure in disrepair. Past Order(s): On January 5, 2018 the Special Magistrate issued a Finding of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to corect the violation. See the attached Order of the Special Magistrate, OR 5475, PAGE 669 for more information. The violation has been abated as of March 20,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $200.00 per day for the period from January 13, 2018 to March 20,2018 (67 days) for a total fine amount of $13,400.00 Previously Assessed Operational Costs of $112.05 have not been paid. Operational Costs for today's hearing: $111.75 Total Amount to date: $13.623.80 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Repaired the pool cage and maintained the pool water. c) Any previous violations committed by the Respondent/violator: Unlicensed vehicles - Corrected d) Any other relevant factors: None 7.B.3.a Packet Pg. 81 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Specia! Magistrate VS. RITA MARTINO, Respondent(s) NOTIGE 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 Office of the Special Magistrate on the following date, time, and place for the violation below: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, DATE: TIME: PLACE: VIOLATION: Case: CEPM20170016043 0610112018 09:00 AIiI 3299 Tamiami Trail East Building F, Naples, FL 34111 Accessory Structure-Dwelling 22-231 ( 1 2Xn) LOCATION OF VIOLATION:304 Nason LN, Naples, FL SERVED:RITA MARTINO, Respondenl Stephen Athey, 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 three 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 Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on section Eight relating to the appeal process. Danny Blanco COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABILIry 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 DEPARTMENT LOCATEO AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORID34112 (239)774-88W; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE coUNTY coIVMISSIoNeis,orr|ct entendimiento con las mmunicciones de €ste evento. Por favortraiga su propio traductor. AvAtisman - Tout odisyon yo fet an angl6. Nou pan gin moun pou fe tradiksyon. Si ou pa pal6 angl6 tanpri vini av6k yon intepret pou pal6 pou-ou. ActiveReports Evaluation. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved. 7.B.3.a Packet Pg. 82 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) INSTR 5507437 oR 5475 pG 669 RECoRDED Z/7/ZOLB 2:56 pM pAGEs 2DWIGHT-E. BRocK, CLERK oF THE CIRCUIT coURT' coLLrER coUNTY FLoRIDAREC $L8.50 Case No. -C8PM20170016043 BOARD OF COUNTY COMIVIISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, I :vs, RITAMARTINO;; ', l I,: Respondent. , THIS CAUSE came on the Speeial Magistrate, having on January 5,2018, and respective to all appropriate Magistrate, as follows: and heard argument and Order of the Special Respondent, Rita )Respondent was notified and posting and the Special Magistrate. has jurisdiction of 3. Respondent,having been duly notified, did not appear at the public hearing. f]re re.at gronlrtr]99190-4 304 Nason Lane, Napres, Florida, Folio #53953 lzooo2(LegarDescriptioh: LAKEwooD UNIT 5 BLK B Loi 4 oR 1268 pG 2048), is in violation o-rcolti". 9g.rrq c-qde of Laws and ordinances, chapter 22, Articlevl, section 2z-z3l(12)(n), in thefollowing parti culars : Private pool enclosure in disrepair. 4 The violation has not been abated as ofthe date ofthe public hearing. ll r Based uporl' the foregoing Findings granted in Chapter f62, Florida Statutes, andORDERED: ;, ORDER of Fact and Conclusions of Law, and pursuant to the authority Collier County Ordinance No. 07-44, as amended, it is hereby owner of the hearing by I t: 7.B.3.a Packet Pg. 83 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) *** OR 5475 pG 6Z0 *** A. B. C. Respondent is found guilty of violation of collier county code of Laws and ordinances, chapter22, Article VI, Section Z2-Z3l(12)(n). 'l:. i. Respondent must abate the v-iolation by obtaining all required collier county building permits,inspectionsi and certificate of completion for repairs to tire poot "n"iorure on or before January1.2,2018 or. a fine of $200.00 per day *iu u. imposed i;; ilh o";*" vioration remainsthereafter. . If Responddnt fails to comply with this order, the collier county code Enforcement Departmentmay abate the violation using any method to bring the violation into comptiance. If necessary the 9:,r"q may request the servlces-of the colrier county SherifP; offi;" for the purpose ofaccessing the property for abatement. All costs of abatement shall be assessed against theproperfy. D. E. I:ttllo*i is ordered to pay operational costs for the prosecution of this case in the amount of$112.05 on,'or before February 5,201g. 1', Respondent shall notifu the abatement 6r compliance so Code Steve Athey, within 24 hours of to confirm compliance. Count5r, Florida. ENT'ORCEMENT state ot Flonda County of COLLTER I HEREBY CERTIFY correct copy of a 'Board lvlinutes and DONE AI\D ORDERED this I i ; ( i PAYMEIYT oF FIiYES: Any fines ordered to be paid pursuant to this order may be paid at the colliercounty code Enforcement Division, 2800 North Horses#;;G'N;les, FL 34to4,phone # (239)252_24!0ror.www'colliergov'net. Any release of lien or confirmati; ;i compliance or confirmation of thesatisfaction of the obligations of tfiis order may also be obtained at this location. &,'IP4L* -lli Eggti"vgd putrv may appeal a final order of the special Magistrate to the circuit courtwithin thirty (30) days of the ixeiution oi the.orar. uppiui"o. -A";rrp"ur shall not u" u r,.urtng de novo,but shall be limited to appellate review of the recoii createa-wiit,in the original hearing. It is theresponsibility of the appeaiing party to obtain a transcribed record of the hearing from the clerk of courts.FilinganAppealwiIlnotautomaticalIystaytlreSpecialt,tugi,n;i";dorder' : J lr46rru qlv D vl Ll(,L .: .. .)., . Respondent(s) - Rita Martino, Collier Co. Code Enforcement Division tffill1;' DWIGHT E, BROCK, CLERKOF COURTS cc: tg:0'r'#6 nc .\ '' 't,(. 7.B.3.a Packet Pg. 84 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CEPM2OI7OOI6O43COLLIER COLINTY BOARD OF COLINTY COMMISSIONERS, peritioner MARTINO, RITA, Defendant(s) vs. BEFORE ME' the undersigned authority, personally appeared Stephen Athey, code Esforcement official for theHearing before the special Magistrate of collier couniy, who after being fuily sworn, aeposes and says: l' That on January 05,2018, the Special Magistrate held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was to abate the violation as stated in the order of the Special Magistraterecorded in the public records of Collier County, Florida in OR Book 5475 p G 669. 2. That the respondent did not contact the investigator. 3. That a re-inspection r.vas performed on January l6th,2}lg. That the re-inspection revealed that the corective action ordered by the Special Magistrate was not in compliancewith the following conditions: violation remains. FURTHER AFFIANT SAYETH NOT. DATED this 6th day of March, 201g. STATE OF FLOzuDA COLTNTY OF COLLIER STATE OF FLORIDA COTINTY OF COLLIER Sworn to (Signature of lic) (Print/Type/Stamp Commissioned Name of Notary Public) AFFIDAVIT OF NON-COMPLIANCE COLLIER COLINTY, FLOzuDA HEARING OF THE SPECIAL MAGISTRATE or affirmed) and subscribed before me this 6th day of March ,201g by Stephen Athey -nlRY P4p,..w KERRYADAMS MY COI\4|!{ISSION + FF 139721 EXPIRES: JulY 8, 2018 Bonded Thru Budget Notary Senices Personally known { t7.B.3.a Packet Pg. 85 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) / COLLIER COUNTY, FLORIDA OF'FICE OF THE SPECIAL MAGISTRATE COLLIER COLINTY BOARD OF COUNTY COMMISSIONERS, petitioner MARTINO, RITA, Defendant(s) OSM CASE NO. CEPM2OI7OOI6O43 vs. BEFORE ME, the undersigned authority, pers.onally appeared Stephen Athey, Code Enforcement official for theHearing before the Special Magistrate otcotli". couniy, *to urtr'.'u"ing fully sworn, deposes and says: l' That on January 05,2018, the Special Magistrate held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was to abate all violations as stated in the order of the special Magistraterecorded in the public records of Collier County, Florida in oR goot 5475 pG 669. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on March 20,201g. 4' That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was incompliance by Abating the violation. FURTHER AFFIANT SAYETH NOT. DATED this 2lst day of March,20tg. STATE OF FLORIDA COLTNTY OF COLLIER of N,Public) (PrinVType/Stamp Commissioned Name of Notary public) AFFIDAVIT OF COMPLIANCE COLLIER COLINTY, FLORIDA HEARING OF THE SPECIAL MAGISTRATE STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 2l st day of March ,201g by Stephen Athey ,ffi KERHYADAMS MY COMMISSION # FF 139721 EXPIHES: juty 8, 2018 Bonded nru Budget Notary Services Personally known { 7.B.3.a Packet Pg. 86 Attachment: CEPM20170016043 Martino Imposition of Fines (5743 : CEPM20170016043 Martino Imposition of Fines) Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5744) DOC ID: 5744 Updated: 5/22/2018 9:27 AM by Danny Blanco Page 1 CEOCC20170017438 Tylinski Properties LLC Imposition of Fines CASE NO: CEOCC20170017438 OWNER: Tylinski Properties LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b). Operating a pottery business without first obtaining a valid Collier County business tax receipt. FOLIO NO: 60782160004 VIOLATION 11342 Tamiami Trl E, Naples, FL ADDRESS: 7.B.4 Packet Pg. 87 SPECIAL MAGISTRATE IMPOSITION OF FINES/LIEN HEARING DEPT. CASE NO. CEOCC2OI7O()I7438 Hearing Date: June l, 2018 Board of County Commissioners vs. Tylinski Properties LLC Original Violation(s): Collier County Code of Laws and Ordinances, Chapter 126, Article lY , Section 126-111(b). Violation Location: 11342 TAMIAMI TRL E, NAPLES, FL Folio: 60782160004 Description:Operating a pottery business without first obtaining a valid Collier County business tax receipt. Past Order(s): On February 2, 2018 the Special Magistrate issued a Finding 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 Special Magistrate, OR 5476, PAGE 2478 for more information. The violation has been abated as of March 5, 2018. FINES AND COSTS TO DAT E ARE AS FOLLOWS: Part B of the Order: No Fines accrued Previously Assessed Operational Costs of$111.90 have not been paid. Operational Costs for today's hearing: $111.70 Total Amount to date: $!!!.(Q 7.B.4.a Packet Pg. 88 Attachment: CEOCC20170017438 Tylinski Properties LLC Imposition of Fines (5744 : CEOCC20170017438 Tylinski Properties LLC Imposition of VS. CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEOCC2O1 70017 438 TYLINSKI PROPERTIES LLC, Respondent(s) NOTICE OF HEARING RE: OPERATIONAL COSTS 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE:0610112018 TIME:09:00 Att/ PLACE 3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION:Local Business Tax Required 126-111(b) LOCATION OF VIOLATION: 11342Tamiami TRL E, Naptes, FL SERVED: TYLINSKI PROPERTTES LLC, Respondent Jonathan Musse, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three 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 Office of the Special Magistrate 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 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 Telep hone 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 TH 34112 (239)774-8800; ASSISTED LISTENING DEVIcES FoR THE HEARING IMPAtRED ARE AVA|Leeli ir.r rne couNTy coMMtSStoNERS'oFFtcr entendimiento con las comunicaciones de este svento. por favor traiga su propio traductor. Avetisman - Tout odisyon yo fdt an anglg. Nou pan gin moun pou fo tradiksyon. Si ou pa pal6 angle tanpri vini avak yon intAprdt pou pal6 pou-ou. ActiveReports Evaluatlon. Copyright 2002-2007 (c) Data Dynamics, Ltd. All Rights Reserved. 7.B.4.a Packet Pg. 89 Attachment: CEOCC20170017438 Tylinski Properties LLC Imposition of Fines (5744 : CEOCC20170017438 Tylinski Properties LLC Imposition of rNsrR 5509462 oR 5476 pc 2478 RECoRDED z/t3/zoL9 8:38 AM pAGEs 2DWTGHT-E. BRocK' CLERK oF THE CTRCUIT coURT, COLLIER COUNTY FLORIDAREc s18-50 COLLMR COTJ}TTY CODE ENFORCEMENT SPECIAL MAGISTRATE Case No. --CEOCC2O 17 0017 438 vs. BOARD OF COUNTY COMMISSIONERS coLLmR coItNTY, FLORIDA, Petitioner, TYLINSKI PROPERTmS LLC, Respondent. THIS CAUSE came on on February 2,2018,and the Special Magistrate,and heard argument respective to all appropriate Magistrate, as follows: iI and Order of the Special Respondent, Tylinski properly. Respondent was notified of the mail and posting and the Special 3. Respondeni, having been duly notified, was represented by Krystof Tylinski at the public hearing. .' 4. The real property located at 11342 Tamiami Trail East, Naples, Florida, Folio #607 BZ1 60004 (Legal Description: MYRTLE covE ACRES BLK B Lor 26 oR 1036 pG 1485), is in violation of Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126- I I l(b), in the following parriculars; Operating a pgtfery business without first obtaining a valid Coltier County business tax receipt. 5. The violati6n has not been abated as offlre date ofthe public hearing. ORDER 1 ) Magistrate has jurisdiction of this . .BT.td uponthe foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No .07-44, asamended, it is herebyORDERED: : - 1 ,, : is the owner 7.B.4.a Packet Pg. 90 Attachment: CEOCC20170017438 Tylinski Properties LLC Imposition of Fines (5744 : CEOCC20170017438 Tylinski Properties LLC Imposition of *** oR 5476 PG 2479 *** A. B. i. Respondentis found guilty of violation of Collier County Code of Laws and Ordinances, Chapter 126, Article [V, Section 126-l l l(b). Respondent.must abate the violation by obtaining and displaying a valid local business tax receiptgd a1V necessary county approval OR cease operating a UusinJss on this property on or beforeMarch 2,201E or a line of $100.00 per day witt Ue imposed for each Aay ttri violation remainsthereafter. ' ' If Respondent fails to comply with this Order, the Collier County Code Enforcement Departnent may abate the violation using any method to bring the violatioh into compliance. If necessary, the County may request the services of the Collier County Sheriffs Office for the purpose of accessing the properly for abatement. All costs of abitement shall be assessed'againri Gproperty. ; Respondent(f) - Tylinski Properties LLC, Collier Co. Code Enforcement Division . ',; C D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $111.90 on,or before March 2,ZOlg. E.Musse, within 24 hours of to confirm compliance. DOIIE AllD ORDERED this County, Florida. ENFORCEMENT Filing an Appeal transcribed record of the hearing from the Clerk Special Magistrate's Order, State of Florida .' County of t EAYME-INT or I4\ES: Any fines ordered to be paid pursuant to this order may be paid at the Collier 9:y,v Code Enforbement Division, 2800 North Horseshol Drive, Naples, FL 34to4,pii;"; # e3g) 252- 244.0, or www'colliergov'net. Any release of lien or confirmation of compliance or'confirmation of thesatisfaction of the obligations of this order may also be obtained at thiS locitiol. the, appealing party to obtain a will not automatically stay the APPEAL: Any aggrieved parry may appeal a final order ofthe Special Magistrate to the Circuit Courtwithin thirry (30) days of the execution of the Order appealed. An appeal shall not be ahering de nov9?but shall be limited to appellate review of the record created within the original hearing. It 1Sresponsibility of I HEREEY conect copy cf Board t inspection cc: DWIGHT E.RTS ,.: g 7.B.4.a Packet Pg. 91 Attachment: CEOCC20170017438 Tylinski Properties LLC Imposition of Fines (5744 : CEOCC20170017438 Tylinski Properties LLC Imposition of vs COLLIER COUNTY, FLORIDA OFFICE OF THE SPECIAL MAGISTRATE COLLTER COLINTY BOARD OF COLTNTY COMMISSIONERS, petitioner OSM CASE NO. CEOCC2OI7OOI7438 TYLINSKI PROPERTIES LLC, Defendant(s) AF'F'IDAVIT OF COMPLIANCE STATE OF FLORIDA COLTNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement official for theHearing before the Special Magistrate of Collier Counfy, who after being fully swom, deposes and says: l' That on February 02, 2018, the Special Magistrate held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was to abate all violations as stated in the order of the Special Magistraterecorded in the public records of Collier County, Florida in OR Book 5476 pG 24:lg . 2. That the respondent did contact the investigator. 3. That a re-inspection was perfonned on March 5,201g. 4' That the re-inspection(s) revealed that the corrective action ordered by the Special Magistrate was incompliance by no longer running a pottery business at this rocation. FURTHER AFFIANT SAYETH NOT. DATED this 6th day of March, 201g. COLLIER COLTNTY, FLORIDA HEARING OF TFIE SPECIAL MAGISTRATE Jonathan Code Official STATE OF FLORIDA COLINTY OF COLLIER Sworn or affirmed) and subscribed before me this tphauy of March, 20lg by Jonathan Musse (s of (Print/Type/Stamp Commissioned Name of Notary Public) ""1*Y.:l%.,,Wa KERPJAOAI.JS MY C0tu1[,ilSSl0N # FF 139721 EXPIRES: iuly 8,2018 Bonded llrrtl BucjEet N0t0ly Servkes Personally known i 7.B.4.a Packet Pg. 92 Attachment: CEOCC20170017438 Tylinski Properties LLC Imposition of Fines (5744 : CEOCC20170017438 Tylinski Properties LLC Imposition of Code Enforcement Meeting: 06/01/18 09:00 AM Department: Code Enforcement , Category: Special Magistrate Action Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: SPECIAL MAGISTRATE ACTION ITEM (ID # 5745) DOC ID: 5745 Updated: 5/22/2018 9:34 AM by Danny Blanco Page 1 CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines CASE NO: CESD20170001945 OWNER: Pelican Ridge of Naples Association Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Replaced railroad tie retaining wall with brick paver, retaining wall without obtaining a required Collier County Permits. FOLIO NO: 67390720004 VIOLATION 800 Meadowland Dr, BLDG 23 and 24, Naples, FL ADDRESS: 7.B.5 Packet Pg. 93 SPECIAL MAGISTRATE IMPOSITION OF FINES/LIEN HEARING DEPT. CASE NO. CESDzOI7OOOL94' Hearing Date: June 1,2018 Board of County Commissioners vs. Pelican Ridge of Naples Association Inc Original Violation(s): Collier County Land Development Code, 04-41, as amended, Sections 1 0.02.06(BX 1 Xa), 1 0.02.06(BX 1 Xe), and I 0.02.06(8)( t )(e)(i). Violation Location: 800 MEADOWLAND DR, BLGN 23 AND 24, NAPLES, FL Folio: 67390720004 Description Replaced railroad tie retaining wall with brick paver retaining wall without obtaining required Collier County Permits. Past Order(s): On August 4, 2017 the Special Magistrate issued a Finding 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 Special Magistrate, OR 5429, PAGE 2261 for more information. On November 3, 2017, an Extension of Time was granted. See the attached Order of the Special Magistrate, OR 5451, PAGE 1168 for more information The violation has not been abated as of June 1,2018 FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of $50.00 per day for the period from May 4, 2018 to June 1, 2018 (29 days) for a total fine amount of $1,450.00 Fines continue to accrue Previously Assessed Operational Costs of $115.40 have been paid Operational Costs for today's hearing: $111.90 Total Amount to date: $1.561.90 7.B.5.a Packet Pg. 94 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20170001945 VS. PELICAN RIDGE OF NAPLES ASSOCIATION 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 0610112018 TIME: 09:00 AM PLACE:3299 Tamiami Trail East Building F, Naples, FL 3411i VIOLATION: (BX1Xa). CO Required ATF Permits 10.02.06(8)(1)(e)(i), 10.02.06(BX1Xe), and 10.02.06 LocATloN oF vloLATIoN:800 Meadowland DR, Buitding 23 and 24, Naptes, FL SERVED: PELICAN RIDGE OF NAPLES ASSOCIATION lNC, Respondent Colleen Davidson, 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 andior evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three 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 Office of the Special Magistrate 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 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 \^i}lo NEEDS ANY ACCOMIVODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO TH 34112 (239)774'88N; ASSISTED LlsrENlNG DEVIcEs FoR THE HEARTNG rr,,rperneo enilVnrr,qeii iilHe couNTy coMMrsstoNERS,oFFtcr Avdtisman - Tout odisyon yo fat an angl6 Nou pan gin moun pou fg tradiksyon. si ou pa pal6 angld tanpri vini avgk yon inteprdt pou pale pou-ou.ActiveReports Evaluation. copyright 2002-2007 (c) DatjDynari"", r-to. air nignis neil,ueo. 7.B.5.a Packet Pg. 95 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples rNsTR 5445827 oR 5429 pG 2261- RECoRDED 8/29/2077 12:05 pM pAGEs 3 DWIGHT E. AROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDA REc $27.00 gOLLIER COUNTY CODE ENT'ORCEMENT SPECIAL MAGISTRATE Case No. -CESD2O170001945 BOARD OF COIINTY C OMMISSIOIIERS COLLIER COUNTY, FLORIDA, Petitioner, vs, PELICAIII RIDGE OF NAPLES ASSOCIATION INC., Respondent, THIS CAUSE came the Specral Maglstrate, hav respechve to all appropflate Maglstrate, as follows. Respondent, Pehcan Rld ge Respondent was notrfied ofthe Maglstate has Jurisdtctlon of thrs matter on August 4, 2017, and rdence and heard argument and Order of the Specral owner ofthe subJect ploperty marl and poshng and the Speclal I 2 3 4 Respondent, havurg been duly notrfled, was represented by Therese Wagner at the pubhc heanng, who entered ltrto a stlpulauon The real property located at 800 Meadowland Drrve, Burldrngs 23 and 24, Naples, Flond4 Foho ry!20']?y019*sal Descnptron prNE RrDGE 2ND Exr-REpLAT BLk B Lor 2, ' COMMON AREA & DRAINAGE EASEMENTS OR 1527 PG 603, LESS THAT PO'ITTION DESC Il9, rs m uolatron of Colher County Land Developm€nt Code b4_4 1 , as amended, Sechon 10 02 06(BX1Xa), 10 02.06(8)(1)(e), and 10.02 d6@XlXeX, rn thi followmg partrculars Assoclaflon Replaced railroad tle retaining wall-wofth btjra"lJill#il-g wau without obtaining required 5 The vrolatron has not been abated as ofthe date ofthe publc hearurg 7.B.5.a Packet Pg. 96 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples oR 5429 PG 2252 . Based upon the foregorng Frndrngs ofFact and concrusrons oflaw, and pursuant to the authontygranted ,o chapter 162, Florrda statutes, and coller county ordinance No oz-++, * ,-.ra.a, rt i, rr"..-ri,ORDERED A Respotrd€nr ts founq gullty ofvlolatron ofcolher county Land Deveropment code 04-4r, asamended, Sectron 10 02 06(B)(l)(a), lO 02 06(8)(1)(e), and l0 02 06(BXlXeXr) B Respondent must abate th6 vloratron by obtamrng all roqured colher county Bulldng permrts orDemohtron.Pormlt, nspectrons, and c€rhficate ;fcompretlon/occupancy on or before october4' 2017 or a fine of $50'00 per day wrll be rmposed foi each day thi vroiatron remr^ trr"i.ut"i ORDER C IfRespondent falls to comply wrth thrs Order, the Colher County Code Enforcement Departmentmay abate the vlolatron usmg any method to bnng the vlolatlon into comphance If necessary, the County may request tlle servrces ofthe Colher County SherfPs Office for the purpose of accessrng the property for property D Respondent rs ordered to S115.40 on or before E Responilent shall hours of abat€ment or complnnce DONE AIID ORDERED this abatemont shall be assessed agamst the ofthrs case ,n the amount of McGonagle, wrthm 24 to confirm County, Florida, CODEENFORCEMENT TE Nc. 4AIME:NT O:.I' XINES: Any fin:: ^o-rqgreq t9 be pard pursuant to thrs order may be pard at the Colhercounty code Enforcement Drvrsron, 2800 North Horsishoe Dnve, Naples, FL 3 +to+, pione * 1ili1-iii- ?1il 9_r **y::rltr."lgov net AnJ release of ,en or conlirmatron of comphance o. *rfirrnurloo of th"sausracuon ot the obllgatlons of tlls order may also be obtarned at ths locatron AP:IEA+: .Anyagg,eved pa,,y may appeal a final order ofthe Specral Mag*trate to the Crcut Co,,twrthm thirty (3Q) days ofthe executron oithe _Order appealed anippeatstaiinot b"uh"*;;i;;;-,but shall be lunlted to _appellate revrew of the recori "r"utJ *iit'r-tt " o"grrd h;;;-" il;-flr;responsrbtlrty of the appealmg party to obtarn a hanscribed record ofthe hearrng irom the cleik of Co*1.Ftlmg an Appeal wrll not autOmahcally stay the SpecEl Mag"tut";s Ora"r costs for the d ay of SPECIAL C \19ona;n() - feLcan Rrdge of Naples Assocratron lnc ,Colher Co Code Enforcement Drvrsror 7.B.5.a Packet Pg. 97 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples *** oR 5429 pG 2263 *** 1) Pay operattonal costs ln the days of thts heanng or Rep (srgn) Respondent or Representat Enc Short, Supervlsor for Mrchael Ossoflo, Drrector Code Enforcement Dtvtston TTur,zsn 4 44" fr l'1 BOARD OF COUNTY COMMISSIONERS Coller County, Flonda Pettttoner, VS Case No CESD20170001945 Pehcan Rrdge of Naples Assoqatton lnc Respondent(s), STIPULATION/AGREEMENT coM NOW, the unders rgned, 'Tfi<r-s< on behalf of htmself or€r-as represe r Respondent and enters tnto thts Strpulaton andAgreementColhbr County as to the resolutton of Nottces of Vtolatton tn reference (case) numbercESD2017000'l 945 dated the 12th day of Ap t, ZO17 ln constderatton of the dlsposrtton and resolutton of the matters outhned rn sa rd Nottce(s) of Vrolatron for whrcha heanng ts currently scheduled for A ote efftcren cy rn the admtntstratton of the codeenforcement process, and to obtatn a qu on of the matters oufllned therern thepartres hereto agree as follows1) The vtolattons noted tn the refere and I strpulate to thetr exlstenceReplaced ratlroad tte retatntn County permts ll wthout obtarnrng requlred Collrer THEREFORE, t ts agieed between n of thrs case wtthtn 30 2) Abate all vtolatrons by Obtarnrng all requrred Coller or Demol[lon Permtt, tnspecttons, andCertrfrcate of Co mpletron/Occupancy s heanng or a frne of $50 00 per day wrll bermposed untrl the vrolatton ts abated 4) That f the Respondent fatls to abate the volatron the Cou nty may abate the vrolahon usrng an y methodto bnng the vtolatton tnto com plance and may use the a ssEtance of the Colher Coun ty Shenff's Offtceto enforce e provt of thrs agreement and all costs of abatement shall be assess ed to the property 3) Respondent must notlry Code Enforcement wthrn 24 hours of abatement of the vtolatton and i;?fl*"""JJ?s l!.,fip.1,p"f,1"j"ffit1?ffi,3:"lH"t['iR:"1tp"l,Jg"pf]l1,mf?llgiil?fs,nday., esa n.hay,inen,,.e notfrcatlo'l must bs rnadc on th€ ne)(t day th.t Is nor a Saturday, SundEy or tegst hohday ) LtJ, C^-<,- o1 tnt of Vrolatronce aver Date 7 (pnnt)Date o 11 REV 3-29-16 , *\,-e,- 7.B.5.a Packet Pg. 98 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples INSTR 5474LL6 OR 5451. PG ]-]-68 RECORDED L1/22/20A7 A2122 PM PAGES 2DWIGHT-E..BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC s18.50 q9LLIER COUNTY CODE ENFORCEMENT SPECIAL MAqISTRATE Case No. {ESD2017000194S BOARD OF COUNTY COMMISSIONERS CoLLIER COUNTY, FLORIDA, Petitioner, PELICAN RIDGE OF NAPLES ASSOCIATION INC. Respondent. THIS CAUSE came for Imposition of Fines/Liens respective to all appropriate Magistrate, as follows: ORDER YS. upon the Petitioner's Motion having heard argument and Order of the Special 1. On August 4,2017,Collier County Land Development Code 04-41, as l)(a), 10,02.06(8)(l)(e), and I 0.02.06(BX l)(e)(i) for replacing a wall with a brick paver retaining wall without obtaining the required Collier County permits , which violations occurred on the property located at 800 Meadowland Drive, Bldg 23 and24,Naples, Florida,Folio #67390720A04 (Legal Description: PINE RIDGE 2ND EXT REPLAT BLK B LOT 2,COMMON AREA &DRAINAGE EASEMENTS OR I527 PG 603,LESS THAT PORTION DESC IN), ") 3. An Orde; was entered by the Special Magistrate ordering Respondent to conect the violation onor before October 4,2017 o^r a fineof g50.00 per aay woutd be assessed for each day theviolations continued thereafter until abatement has b"en confirmed. (A copy of the Order is recorded at OR 5429, PG 2261). The operational costs of $115.40 have been paid. Based upon the.foregoing, and pursuantto.theauthority granted in Chapter 162, Florida statutes,and collier counry ordinanci NJ. oz-++, as amended, it is trereuionngngo, guilty of 7.B.5.a Packet Pg. 99 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples *** oR 5451- pG 1169 *** A. An Extension of Time to Comply is granted. B. The time for which Respondent is to comply has been extended until May 3,201g. C. No daily, fines shall accrue during the extension period. DONE AND ORDERED tnis6td aav il*2017 ^t Collier County, Florida.of COLLIER COUNTY CODE ENT'ORCEMENT SPECIAL MAGISTRATE PAYMENT OF F,INES: County Code Enforcement may be paid at the Collier FL 34104, phone # (239)252-2440, or www.coll iergov.net. satisfaction of the obligations or confirmation of theof APPEAL: Any aggrieved party Magistrate to the Circuit Courtwithin thirty (30) days of the appeal shall not be a hearing de novo,but shall be limited to appellate review within the original hearing. It is theresponsibilityofthe appealing parfy to obtain a transcribed record ofthe hearing from the Clerk of Courts.Filing an Appeal will not automatically stay the Special Magistrate's Order Respondent - Pelican Ridge of Naples Association Inc. Collier Co. Code Enforcement Division cc: State o1 l-ltlrtua County of COLLIER I HEREBY corrgd copy o{ Board Minutes .,';iqlli i:i'. a'[uue and ffi',:ru DWIGHT E. BROCK,CLEE(qrr.edunrs a final order may also be of lien or D.C, :6e&ffi:- 7.B.5.a Packet Pg. 100 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples COLLIER COUNTY, F'LORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO. CESD2O17OOO1945 COLLIERCOLTNTY BOARD oF COLTNTY CoMMISSIoNERS, Petitioner VS PELICAN RIDGE OF NAPLES ASSOCIATION INC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michele Mcgonagle, Code Enforcement official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: 1. That on August 04, 2017, the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 5429 pG 2261. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on Octob er 6,2017 . That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: No permit has been obtained for the retaining wall. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of October,2017. COLLIER COL|NTY, FLORIDA HEARING OF TI{E SPECIAL MAGISTRATE Michele Mcgonagle Code Enforcement Offi cial STATE OF FLOzuDA COLINTY OF COLLIER Swom and subscribed before me this 24th day of october, 2017 by Michele Mcgonagle Public)XERHY ADAMS MY COMMISSION # FF 139727 EXPIBES:JulY 8,2018 Bonded Thru Budget Nohry Senht;s ( Print/Typ e/Stamp Co mmissioned Name of Notary Public) Personally known { t * 7.B.5.a Packet Pg. 101 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples COLLIER COUNTY, FLORIDA OFF'ICE OF'THE SPECIAL MAGISTRATE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, petitioner OSM CASE NO. CESD2OI7OOO1945 vs, PELICAN RIDGE OF NAPLES ASSOCIATION INC, Defendant(s) AFF'IDAVIT OF NON-COMPLIANCE STATE OF FLOzuDA COLTNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Colleen Davidson, Code Enforcement Official for theHearing before the Special Magistrate of Collier County, who after being fully sworn, deposes and says: l. That on August 04, 2017, the Special Magistrate 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 of the Special Magistrate recorded in the public records of collier county, Florida in oR Book 5429 pG 2261. 2. That the respondent did not contact the investigator. 3. Tlrat a re-inspection was performed on 5/41201g. That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions:There has been no permit applied for. FURTHER AFFIANT SAYETH NOT. DATED rhis 4th day of May, 2018. COLNTY, FLORIDA MAGISTRATE Davidson Code Enforcement Official STATE OF FLORIDA COLTNTY OF COLLIER Swom to me this 4th day of May, 201 8 by Colleen Davidson (Print/Type/Stamp Commissioned Name of Notary public) dafifly ts,am0 Commisshn # FF984545 Expires:April21, 2020 Bonded thru Aryon iloEn Personally known { 7.B.5.a Packet Pg. 102 Attachment: CESD20170001945 Pelican Ridge of Naples Association Inc Imposition of Fines (5745 : CESD20170001945 Pelican Ridge of Naples