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CEB Backup Documents 08/23/2018 CODE ENFORCEMENT BOARD MEETING BACKUP DOCUMENTS AUGUST 23, 2018 Co ier County Growth Management Department Code Enforcement Division Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3`d Floor Naples, FL 34112 August 23, 2018 9:00 AM Robert Kaufman,Chair Gerald Lefebvre, Vice-Chair Lionel L'Esperance,Member Ronald Doino, Member Robert Ashton, Member Sue Curley,Member Herminio Ortega, Member Kathleen Elrod, Alternate Ryan White,Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five(5)minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20170016916 OWNER: Neysis Rodriguez OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), 10.02.06(B)(I)(e)(i), and 1.04.01(A). Unpermitted structures on the property and expired pool permit number 930007170. FOLIO NO: 37861480007 VIOLATION 1680 Randall Blvd,Naples,FL ADDRESS: 2. CASE NO: CESD20170007444 OWNER: Isis Y.Amaro OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(l)(a). Five metal carport(s), with electric,a shipping container, pole barn, a back porch attached to the primary structure, lanai converted into living, an addition attached to the lanai also converted into living space all constructed without first obtaining the authorization of the required permit(s), inspections, and certificate of occupancy as required by the Collier County Building. FOLIO NO: 37016400007 VIOLATION 310 11t ST SW,Naples, FL ADDRESS: 3. CASE NO: CESD20170010029 OWNER: Ramiro Teran and Gerenarda Teran OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a) and 10.02.06(B)(1)(e). Buildings in rear of the structure and no Collier County Building Permit obtained. Permit 2007051003 for a re-roof did not receive a Certificate of Completion. FOLIO NO: 38341560006 VIOLATION 5671 Lancewood Way,Naples,FL ADDRESS: B. STIPULATIONS C. HEARINGS 1• CASE NO: CEPM20180008115 OWNER: Richard J.Agar OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1). Torn or missing screens from the pool cage. FOLIO NO: 55200720009 VIOLATION 171 Muirfield Cir.,Naples,FL ADDRESS: 2. CASE NO: CESD20160021398 OWNER: Michael R.Levalley OFFICER: Jon Hoagboon VIOLATIONS: Collier County Land Development Code, 04-41, as amended. Section 10.02.06(B)(1)(a).Expired fence permit. FOLIO NO: 60631400006 VIOLATION 1395 Morningside Drive,Naples,FL ADDRESS: 3. CASE NO: CESD20150014688 OWNER: Araceli Cisneros OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Alterations to existing electrical and plumbing systems, alterations and additions to existing structure and outbuilding constructed and placed in rear yard of the property without applicable Collier County Permits. FOLIO NO: 62101280000 VIOLATION 5417 Martin St.,Naples,FL ADDRESS: 4. CASE NO: CESD20180007073 OWNER: TGM Bermuda Island Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a) and 10.02.06(B)(I)(e)(i). Permits PRFR20170204964 and PRFR2016040786 did not receive all inspections through Certificate of Completion and are now in void status. FOLIO NO: 282520007 VIOLATION 3320 Bermuda Isle Circle,Naples, FL ADDRESS: 5. CASE NO: CESD20180002267 OWNER: Joseph Costa Jr.and Charles Beauregard 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). Exterior renovations to include removal of siding, installing windows, and addition to the side of the dwelling. FOLIO NO: 77212000009 VIOLATION 138 3`d St.,Naples,FL ADDRESS: 6. CASE NO: CESD20180005203 OWNER: Deep Lake Ops LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(e) and I0.02.06(B)(I)(a). Renovations of, but not limited to, windows, exterior doors, air conditioning units (HVAC), new heating and cooling duct work, toilets, showers, hot water heater, kitchen area with sinks and appliances,sheet rock, metal studs,electric rough in with boxes, master breaker panel, roof repairs, non-fire rated doors, French doors, all without first obtaining the required Collier County Permits and Approvals. FOLIO NO: 00982880005 VIOLATION 20201 State Road 29,Naples,FL ADDRESS: 7. CASE NO: CESD20180005735 OWNER: Sandy Beach LLC OFFICER: Christopher Harmon VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and I0.02.06(B)(I)(e). Construction and alteration prior to obtaining required Collier County Building Permit(s). FOLIO NO: 56001480000 VIOLATION 267 3rd Street West, Unit No.21,Bonita Springs,FL ADDRESS: 8. CASE NO: CESD20170001888 OWNER: Alberto Hernandez P A OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a), I0.02.06(B)(1)(e), and I0.02.06(B)(1)(e)(i). Interior and exterior alterations and additions commenced prior to obtaining required Collier County Building Permits. FOLIO NO: 76477000081 VIOLATION 5405 Taylor Road Unit 4,Naples, FL ADDRESS: 9. CASE NO: CESD20180007263 OWNER: Farman Ullah OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1 Xa) and 10.02.06(B)(1)(e)(i). Permit No. PRBD20161040672 for the interior demo,complete wood frame demo, Air Conditioning, plumbing, electric demo, expired on April 23, 2017 and the wood frame structure in the rear yard was constructed without a valid Collier County Permit. FOLIO NO: 55100840005 VIOLATION 261 Pine Valley Cir.,Naples,FL ADDRESS: 10. CASE NO: CEPM20180006143 OWNER: Florida First Properties Inc OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 5.03.02(F)(3) and Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1)and 22- 231(12)(c). Abandoned home in need of proper maintenance and repairs,roof in need of repairs. FOLIO NO: 427880007 VIOLATION 5500 Cynthia Ln.,Naples,FL ADDRESS: D. MOTION FOR REDUCTION OF FINES/LIENS VI. OLD BUSINESS A. MOTION FOR IMPOSITION OF FINES/LIENS 1• CASE NO: CESD20140013027 OWNER: Sunny Lane LLC OFFICER: Jeff Letourneau VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a) and I0.02.06(B)(I)(e)(i). Numerous unpermitted structures with electric,plumbing,and natural gas. FOLIO NO: 00720360004 VIOLATION 10181 Keewaydin Island,Naples,FL ADDRESS: 2. CASE NO: CESD20180006392 OWNER: Eduardo Rodriguez and Maria L.Rodriguez OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(I)(a), I 0.02.06(B)(1Xe), and I0.02.06(B)(I)(e)(i). Unpermitted wood structures, metal carport,and concrete columns on the residential property. FOLIO NO: 22670600009 VIOLATION 3600 Poplar Way,Naples, FL ADDRESS: B. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER C. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII.CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE AS REFERENCED IN SUBMITTED EXECUTIVE SUMMARY IX. REPORTS X. COMMENTS XI. NEXT MEETING DATE -THURSDAY SEPTEMBER 27,2018 AT 9:00 A.M. XII. ADJOURN COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair,both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. In the absence of the Chair and Vice-Chair,the Board Members shall elect a Chair Pro Tempore by a simple majority vote. Section 6. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. 1 ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1)year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven(7)members and two(2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board or Secretary of the Board or designee,in the Collier County Commission Chambers or public venue as directed by the Secretary of the Board or designee. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair and/or Secretary of the Board or designee upon giving notice thereof to each other member of the Board or by written notice signed by at least four(4)members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight(48)hours in advance of the meeting. At any meeting,the Board may set a future meeting date. 2 Section 5. Attendance. a. Members shall notify the Chair and Secretary to the Board and/or designee if they cannot attend a meeting. b. If a member misses two(2)successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Section 6. Quorum. A quorum of the Board shall consist of four(4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Section 7. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). ARTICLE VI Order of Business I. Pledge of Allegiance II. Roll Call III. Approval of Minutes IV. Approval of Agenda V. Public Hearings/Motions A. Motions Motions for Continuance Motions for Extension of Time B. Stipulations (Non-Contested Cases and present at the hearing) C. Hearings VI. Old Business A. Motion for Reduction/Abatement of Fines/Liens B. Motion for Re-Hearing 3 C. Motion for Imposition of Fines/Liens D. Motion to Rescind Previously Issued Order E. Motion to Amend Previously Issued Order VII. New Business VIII. Consent Agenda A. Request to Forward Cases to County Attorney's Office IX. Reports X. Comments XI. Next Meeting Date XII. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator by filing a Statement of Violation,which shall consist of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board or designee. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board or designee shall assign a case number to each case and schedule a hearing. Section 3. The Secretary to the Board or designee shall send out a Notice of Hearing along with a Statement of Violation,all other required documentation as determined by the Secretary of the Board or designee, and a copy of the Rules and Regulations to the alleged violator by either certified mail return receipt requested,hand delivery upon a party,posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board or designee shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten(10) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor of the Code Enforcement Investigator 4 involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she may produce any and all documents,witnesses,and or evidence to be relied upon for the testimony given at the Hearing. Such documents shall consist of the original and plus an additional three(3)copies. In order to have the information submitted to the Board Members,the alleged violator should submit three(3)copies of his or her information to the Secretary to the Board or designee five(5)business days prior to the scheduled hearing.Methods by which the Hearing packets shall be distributed to the Board Members shall be up to the discretion of the Secretary of the Board or designee. The Secretary to the Board shall distribute the packet to the Board Members not later than three(3)days prior to the hearing. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Pre-hearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so,the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts,exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Revised 8/20/2018 5 Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney and the Boards Secretary or designee, and the opposing party, or their counsel,if applicable,at least five(5)business days prior to the hearing. The person filing the motion shall provide the Board's Secretary or designee with three(3)copies of the motion. The Board's Attorney and/or Secretary or designee will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement, unless additional information is requested from the Board. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Investigator of the case or designee shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name. The Board may ask for the mailing address and physical residence. e. If the Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent may submit a notarized letter to the Secretary of the Board or designee granting that individual permission to represent him/her at the hearing.The individual must also testify at the hearing, under oath, to represent the Respondent and capacity of their representation. Revised 8/20/2018 6 f. Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required,he/she may notify the Board Secretary prior to the scheduled hearing. The Board shall determine if additional time shall be allowed. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Board and may be objected to by the opposing side. If necessary, the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary or designee prior to commencement of the public hearing. Testimony may be limited to no more than five(5)minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred,it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred,the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1)the gravity of the violation; (2)any actions taken by the violator to correct the violation; (3)any previous violations committed by the violator; and(4)any other relevant factors. Such fine Revised 8/20/2018 7 shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten(10) days. p. In the event the violation is a violation described in Section 162.06(4),Fla. Stat.,the Board shall notify the County Manager or designee,which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order,based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party,but in no event more than twenty(20)days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties;provided,however,that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1)Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence,providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing),but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. Revised 8/20/2018 8 ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines may be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent;(b)names of all owners of the property which is the subject of the violation;(c) physical address of subject property;(d)nature of violation;(e)description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect);(f)mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h)signature of Respondent; and(i)all supporting documentation. The Respondent should provide the Secretary to the Board or designee three (3) copies of the Motion for Reduction/Abatement of Fines, attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated and all operational costs and County Abatement costs,if applicable,have beenpaid or in the event a violation cannot be abated,after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon proper filing of a Motion,the Secretary to the Board or designee shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Board may consider the following factors; (a)the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d)the cost upon the violator to correct the violation; (e)the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and(i) any other equitable factors which would make the requested mitigation appropriate. Revised 8/20/2018 9 Section 4 The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules,where applicable. Section 5. The Board will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 6. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within(30)days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued by the Board and a date of compliance has been set,the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board or designee. A copy of said Affidavit maybe sent to the violator by regular U.S. mail and may be recorded in the Public Records of Collier County, Florida. Section 3. Upon Motion for Imposition of Fines being filed by the County,the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance,the amount of daily fines and the total amount of fine requested to be imposed,as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for Abatement/Reduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board,be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal,the Revised 8/20/2018 10 County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In determining the amount of the fines, if any, the Board shall consider the following factors; (1)the gravity of the violation;(2)any actions taken by the violator to correct the violation;(3)any previous violations committed by the violator; and(4)any other relevant factors. Such fine shall not exceed One Thousand Dollars($1,000.00)for each day the violation continues past the specified compliance date and Five Thousand Dollars($5,000.00)for repeat violations for each day the violation continues past the specified compliance date. In addition,the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the violation(s)has/have not been abated at the time of the hearing on the Motion for Imposition of Fines,the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S.mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance,whichever comes first. After three(3)months from the filing of any such lien,which remains unpaid,the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty(20)years after the certified copy of an Order of Imposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. Revised 8/20/2018 11 ARTICLE XII Miscellaneous Section 1. These Rules and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board,including alternates,provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board,the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. Revised 8/20/2018 12 THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this day of , 2018. COLLIER COUNTY CODE ENFORCEMENT BOARD Robert Kaufman, Chair Robert C. Ashton Gerald Lefebvre,Vice-Chair Sue Curley Lionel L'Esperance Herminio Ortega Ronald Doino Ryan White, Alternate Kathleen Elrod, Alternate Revised 8/20/2018 13 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20150014688 Board of County Commissioners, Collier County, Florida Vs. Araceli Cisneros Violation of Collier County Land development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) Jonathan Musse, Code Enforcement Official Department Case No. DESCRIPTION OF VIOLATION: Alterations to existing electrical and plumbing systems, alterations and additions to existing structure and outbuilding constructed and placed in rear yard of the property without applicable Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$59.84 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County building permts or demolition permit, inspections and certificate of completion for the alterations done to the structure within amount of days of this hearing or a fine of$100.00 per day will be imposed until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20150014688 Araceli Cisneros Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Araceli Cisneros, on behalf of , enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20150014688 dated the 22nd day of July, 2018. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 5#- 3( 2 tt ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.84 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County building permts or de olition permit, inspections and certificate of completion for the alterations done to the structure within 10 amount of days of this hearing or a fine of$100.00 per day will be imposed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property ow r. Geftf.:7 : C1;67-11ej Respondent or Representative (sign) Jose/ph�,>Mucha, Supervisor for Michael Ossorio, Director Code Enforcement Division 1111 • Alma 6-neA7s Respondent or Representative (print) Date Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20180002267 Board of County Commissioners, Collier County, Florida Vs. Joseph Costa Jr and Charles Beauregard Violation of Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B) (1)(a) and 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20180002267 DESCRIPTION OF VIOLATION: Exterior renovations to include, removal of siding, installing windows, and addition to the side of the dwelling. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$59.63 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion for the removal of siding, installing windows, room addition and to bring the property up to a permitted condition within_X_days of this hearing or a fine of$_X_per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20180002267 Joseph Costa Jr and Charles Beauregard Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Joseph Costa Jr and Charles Beauregard, on behalf of enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20180002267 dated the 21st day of February, 2018. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23, 2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permits or Demolition Permit, inspections, and Certificate of Completion for the removal of siding, installing windows, room addition and to bring the property up to a permitted condition within _X_days of this hearing or a fine of$ X_per day will be imposed until the violation is abated. l VFW-Cv 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or -prestentative (sign) Jos ph/Much , Supervisor for iehael Ossorio, Director Code Enforcement Division �1 Respondent or Representativebrint) Date Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20170001888 Board of County Commissioners, Collier County, Florida Vs. Alberto Hernandez P A Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) Michele McGonagle, Code Enforcement Official Department Case No. CESD20170001888 DESCRIPTION OF VIOLATION: Interior and exterior alterations/additions commenced prior to obtaining required Collier County building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$ Sq .crl, incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the interior and exterior alterations/ additions within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confilm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20170001888 Alberto Hernandez P A Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Alberto Hernandez P A, on behalf of himself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20170001888 dated the 5th day of June, 2018. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23, 2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. —THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.42 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy within 60 days of this hearing or a fine of$250.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Cristina Perez, Supervisor for Michael Ossorio, Director Code Enforcement Division 7,745-4,`i ` )-,ems G� Respondent or Representative (print) Date Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20180007263 Board of County Commissioners, Collier County, Florida Vs. Farman Ullah Violation of Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) & 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20180007263 DESCRIPTION OF VIOLATION: Permit# PRBD20161040672 for the interior demo, complete wood frame demo, A/C, plumbing, electric demo, expired on April 23, 2017 and the wood frame structure in the rear yard was constructed without a valid Collier County permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of$59.63 incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining any required Collier County permits, inspections, and certificate of completion/ occupancy for the demolition and subsequent interior remodeling of the dwelling and for the wooden structure in the rear yard within_X_days of this hearing or a fine of$_X_per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20180007263 Farman Ullah Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Farman Ullah, on behalf of , enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20180007263 dated the 16th day of May, 2018. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23rd, 2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $59.63 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining any required Collier County permits, inspections, and certificate of completion I occupancy for the demolition and subsequent interior remodeling of the dwelling and for the wooden structure in the rear yard within 1 0 days of this hearing or a fine of$ El G% per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. FO&VI0. of Respondent or Representative (sign) Josh Mucha, Supervisor for ichael Ossorio, Director Code Enforcement Division espondent or Representative (print) Date Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM20180006143 Board of County Commissioners, Collier County, Florida Vs. Florida First Properties Inc. Violation of Land Development Code 04-41, as amended, Section 5.03.02(F)(3), and Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22- 231(12)(c) John Johnson, Code Enforcement Official Department Case No. CEPM20180006143 DESCRIPTION OF VIOLATION: Vacant home with damaged roof. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of 0 3dincurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for repair of the roof within days of this hearing or a fine of$ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 8/16/11 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20180006143 Florida First Properties Inc. Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, , on behalf of Florida First Properties Inc., enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20180006143 dated the 24th day of April, 2018. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for August 23'd, 2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for repair of the roof within ` r. days of this hearing or a fine of$200 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice snail be by phone or fax and made during the workweek If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday.Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or Representative (sign) Joseph Mucha, Supervisor for Michael Ossorio, Director Code Enforcement Division Respondent or Representative (print) Date Date REV 3-29-16 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20140013027 Hearing Date: August 23,2018 Board of County Commissioners vs. Sunny Lane LLC Violation(s): Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Location: 10181 KEEWAYDIN ISLAND,Naples, FL Folio: 00720360004 Description: Numerous unpermitted structures with electric,plumbing, and natural gas. Past Order(s): On March 23, 2017, the Respondent's Motion for Continuance of this case is granted. See the attached Order of the Board, OR 5377 PAGE 517, for more information. On May 25,2017,the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5400 PAGE 3530, for more information. The violation has been abated as of July 5, 2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from May 26, 2018 to July 5, 2018. (41 days) for a total fine amount of$8,200.00 Previously assessed operational costs of$65.43 have been paid. Operational Costs for today's hearing: $59.63 Total Amount: $8,259.63 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Difficult permits and approvals were obtained and finished, however it did take some time to accomplish. c) Any previous violations committed by the Respondent/violator: None d) Any other relevant factors: As this is a Keewadin property, it was difficult to get normal permit inspections and approvals done in a timely manner. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINES/LIEN HEARING CEB CASE NO. CESD20180006392 Hearing Date: August 23,2018 Board of County Commissioners vs. Eduardo Rodriguez and Maria L. Rodriguez Violation(s): 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). Location: 3600 POPLAR WAY,Naples, FL Folio: 22670600009 Description: Unpermitted wood structures, metal carport, and concrete columns on the residential property. Past Order(s): On May 24, 2018, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 5519 PAGE 3619, for more information. The violation has been abated as of July 30,2018. FINES AND COSTS TO DATE ARE AS FOLLOWS: Fines have accrued at a rate of$200.00 per day for the period from July 24, 2018 to July 30, 2018. (7 days) for a total fine amount of$1,400.00 Previously assessed operational costs of$59.56 have been paid. Operational Costs for today's hearing: $59.42 Total Amount: $1,459.42 a) The gravity of the violation: Moderate b) Any actions taken by the violator to correct the violation: Removed unpermitted structures. c) Any previous violations committed by the Respondent/violator: Permitting, Occupational Licensing, Vehicles. d) Any other relevant factors: Respondent called at end of business day on Friday 7/27/2018 stating violation was abated. Inspection wasn't completed until Monday morning 7/30/2018. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE MAI LING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY COUNTY CITY . ilOUNTY ['OTHER LOCAL AGENCY L NAME OF POLITICAL SUBDIVISION: DATE ON CH VOTE OCCURRED MY POSITION IS: (/ 1 "/ Ty �- � � � 0 ELECTIVE APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, deC.t,(,�D f'' —LS ereby disclose that on - J 77 6 3 ,20 / 6: (a)A measure came or will come before my agency which(check one) 0 inured to my special private gain or loss; inured to the special gain or loss of my business associate, 3g & ,4 - 'J.- /Q70P-6077 v i ; inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: CiirEZ .Q07-&-voo / z.,z "IF 2 425 7e. /,/ Date Filed Si.nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2