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CEB Agenda 10/26/2018 Code Enforcement Board Hearing AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 October 26, 2018 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Robert Ashton, Member Sue Curley, Member Herminio Ortega, Member Vacant, 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 proceeding s 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 MINUTES 3.1. September 27, 2018 Code Enforcement Board Minutes IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME B. STIPULATIONS C. HEARINGS 1. 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)(1)(e) and 10.02.06(B)(1)(a). Renovations of, but not limited to, window, exterior doors, air conditioning unit (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: 2. CASE NO: CEPM20180007088 OWNER: William E. Marten OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof and Fascia damage. FOLIO NO: 82940040009 VIOLATION 3880 Skyway Dr. Naples, FL ADDRESS: 3. CASE NO: CELU20180004729 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Several dumpsters on the ground on the property, miscellaneous items being stored outside consisting of but not limited to, metal, wood, tables, inoperable vehicles. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln., Naples, FL ADDRESS: 4. CASE NO: CESD20180008387 OWNER: Viviana Escobar OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Kitchen and Bathroom remodels without a valid Collier County permit. FOLIO NO: 30980200000 VIOLATION 700 Valley Stream Drive Unit 104, Naples, FL ADDRESS: 5. CASE NO: CEV20180008337 OWNER: Michael A. Dewitt OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code Of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and inoperable vehicles stored on the property. FOLIO NO: 63405280006 VIOLATION 1072 Granada Blvd, Naples, FL ADDRESS: 6. CASE NO: CEAU20180009226 OWNER: Janice Masey OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(5)(b). Chain link fence with barbed wire for residentially zoned property. FOLIO NO: 01134080005 VIOLATION 15985 Janes Scenic Drive, Copeland, FL ADDRESS: 7. CASE NO: CESD20180005375 OWNER: SA Equity Group LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Installed a new metal building, with electric, on improved occupied commercial property. FOLIO NO: 63864280003 VIOLATION 114 New Market Road East, Immokalee, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c). Failure to maintain lake/storm-water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION NO SITE ADDRESS ADDRESS: 2. CASE NO: CESD20150001965 OWNER: Fabricio Fernandez and Allison J Fernandez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Addition added to the existing structure without first obtaining the proper Collier County Building Permits. FOLIO NO: 36457240005 VIOLATION 5472 32nd Ave SW, Naples, FL ADDRESS: 3. CASE NO: CELU20180001084 OWNER: Judith Telfort OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Outside storage and/or litter consisting of but not limited to: furniture, bed frames, tables, chairs, cardboard boxes, foam, tarp, metals and plastic. FOLIO NO: 77214040009 VIOLATION 158 5th St, Naples, FL ADDRESS: 4. CASE NO: CELU20160010501 OWNER: Anthony V. Piccirilli EST OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), Section 2.02.03, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Unpermitted alterations to the carport structure resulting in residential use of industrially zoned property. FOLIO NO: 249120000 VIOLATION 1891 Elsa St, Naples, FL ADDRESS: 5. CASE NO: CESD20170010243 OWNER: Jean Jorhel Decembre and Yoland Jean Domond OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Unsecured swimming pool missing an approved pool barrier in the rear yard of improved occupied residential property. FOLIO NO: 35771000003 VIOLATION 4257 17th Ave SW, Naples, FL ADDRESS: 6. CASE NO: CELU20180001234 OWNER: Megan Gibson OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Chapter 130, Article III, Section 130-96(a). Prohibited accessory use without first having a permitted principal/primary use/structure. Unauthorized outside storage of items including, but not limited to, various pieces of furniture, two recreational vehicles, one storage container, one boat, appliances, two vehicles, and additionally, litter. FOLIO NO: 38502240000 VIOLATION 128 37th Ave NE, Naples, FL ADDRESS: 7. CASE NO: CESD20170004712 OWNER: IBO LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Converted part of the existing screened patio to an enclosed structure with electric and air conditioning without first obtaining all required Collier County Building Permits and approvals. FOLIO NO: 63866840001 VIOLATION 313 Nixon Drive, Immokalee, FL ADDRESS: 8. CASE NO: CESD20160020044 OWNER: Teresa Scoppettone OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations/alterations done to interior including but not limited to; kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets and tile work. Work done includes electrical, plumbing and structural. FOLIO NO: 46770280004 VIOLATION 1714 Kings Lake Blvd, Naples, FL ADDRESS: 9. CASE NO: CESD20170003341 OWNER: Eliseo Viamonte OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, As amended, Sections 10.02.06(B)(1)(a)(e) and (i). Alterations consisting of but not limited to: garage conversion into living space with full bathroom and a door installed in rear for private access, no Collier County Permits obtained. FOLIO NO: 36321920008 VIOLATION 5428 27th Ave SW, Naples, FL ADDRESS: 10. CASE NO: CESD20140011921 OWNER: Omar Otero SR and Liliana L Portillo OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permits for fencing and structures on the property. FOLIO NO: 39651600008 VIOLATION 4886 16th St NE, Naples, FL ADDRESS: 11. CASE NO: CESD20140017894 OWNER: Jose F Garcia OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Incomplete home. FOLIO NO: 40420400004 VIOLATION 2087 Desoto Blvd North, Naples, FL ADDRESS: 12. CASE NO: CESD20160020990 OWNER: A&B Web Ventures LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Screen enclosure removed prior to obtaining Collier County Permit(s). FOLIO NO: 33400000169 VIOLATION 408 La Peninsula Blvd, Naples, FL ADDRESS: 13. CASE NO: CESD20170002774 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln, Naples, FL ADDRESS: 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 - FRIDAY, NOVEMBER 16, 2018 XII. ADJOURN Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7084) DOC ID: 7084 Updated: 10/16/2018 3:29 PM by Danny Blanco Page 1 September 27, 2018 Code Enforcement Board Minutes CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3.1 Packet Pg. 8 September 27, 2018 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, September 27, 2018 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Robert Ashton (Excused) Sue Curley Ron Doino Gerald J. Lefebvre Herminio Ortega Kathleen Elrod Ryan White ALSO PRESENT: Danny Blanco, Code Enforcement Specialist Helen Buchillon, Administrative Secretary Jeff Letourneau, Manager of Investigations Tamara Lynne Nicola, Attorney to the Board 3.1.a Packet Pg. 9 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 2 CHAIRMAN KAUFMAN: Good morning. I'd like to call the Code Enforcement Board to order. If you have a cell phone, good time to silence the ring. Let's see. Let me see if I did it, because that would really be embarrassing. I'd get over it, but it would be embarrassing. Okay. Now I'm silenced. Okay. Notice: The respondents may be limited to 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 minutes unless time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's 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. Okay. I'd like everybody to stand for the pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Okay. Everybody got their minutes attached to the agenda. So any question on the minutes? Any comments? (No response.) CHAIRMAN KAUFMAN: We have a new way of requesting time to speak. You push your button, you come up on the screen, et cetera, et cetera. We'll see how that works, okay. Get a motion from the floor to accept the minutes? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a 3.1.a Packet Pg. 10 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 3 second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Why don't we start with the roll call, and before we do, I'd like to welcome our newest full-time member to the board, Kathleen Elrod. MS. ELROD: Thank you. CHAIRMAN KAUFMAN: Welcome. (Applause.) MS. ELROD: I feel like I've been here before. Okay. CHAIRMAN KAUFMAN: Roll call. MR. BLANCO: Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MR. BLANCO: Mr. Gerald Lefebvre. MR. LEFEBVRE: Here. MR. BLANCO: Mr. Ronald Doino? MR. DOINO: Here. MR. BLANCO: Ms. Sue Curley. MS. CURLEY: Here. MR. BLANCO: Mr. Herminio Ortega? MR. ORTEGA: Here. MR. BLANCO: Ms. Kathleen Elrod? MS. ELROD: Here. MR. BLANCO: Mr. Ryan White? 3.1.a Packet Pg. 11 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 4 MR. WHITE: Here. MR. BLANCO: Mr. Robert Ashton has an excused absence. CHAIRMAN KAUFMAN: Okay. Since Mr. Ashton is out, Ryan, you'll be a full voting member today, I believe, one, two, three, four, five, six, seven. MR. LEFEBVRE: We have one opening, yes. CHAIRMAN KAUFMAN: Okay. Let's see. Do we have changes to the agenda? MR. BLANCO: Yes, sir. Roman Numeral 5, public hearings, motions, Letter B, stipulations, we have one addition. No. 6 from hearings, Case No. CESD20180000943, ADGNP Mortgage, Incorporated. Letter C, hearings, No. 1, Case No. CEPM20170015094, St. Moritz Club Condo, has been withdrawn. Number 2, Case No. CESD20180002262, CTPML, LLC, has been withdrawn. Number 9, Case No. CEVR20170007400, Juan Carlos Nava and Fermin Martinez, Jr., has been withdrawn. Number 10, Case No. CESD20160018001, Bonnie Baker Jones, has been withdrawn. Number 11, Case No. CEVR20180005925, Eric P. Solomon and Cammeron Solomon, has been withdrawn. Number 12, Case No. CESD20170004210, Annette Carulli, has been withdrawn. Roman Numeral 7, old business, Letter C, motion for imposition of fines/liens, No. 1, Case No. CEPM20170018436, George Sorbara and Jennifer Tarvin Sorbara, has been withdrawn. Number 2, Case No. CEROW20170001009, Georgia Sorbara and Jennifer Tarvin Sorbara, has been withdrawn. Roman Numeral 9, reports, we have one addition. We'll be going over proposed changes to the Code Enforcement Board rules and 3.1.a Packet Pg. 12 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 5 regulations, and that's all the changes. CHAIRMAN KAUFMAN: Get a motion to accept the modified agenda. MR. DOINO: Motion to approve. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Let me just do a little arithmetic. MR. BLANCO: First item of the agenda, it's Roman Numeral 5, public hearings, motions, Letter A, motions for extension of time, Case No. CESD20170011238, Caryn Mary McGrath. Mr. Chairman, if I may just give a brief summary of the case. The case -- the Code Enforcement Board found the respondent in violation back in May 24th of 2018, and they were ordered to comply on or before September 21st, 2018. The respondent present here today would like to request an extension of time. And I'm sure she will go into detail about the specifics of the case. CHAIRMAN KAUFMAN: Okay. We have in the package here a letter from the respondent, I believe. 3.1.a Packet Pg. 13 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 6 MR. BLANCO: Correct. CHAIRMAN KAUFMAN: It starts off "Dear Danny Blanco." So give us a chance to read that, and we'll go from there. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. Good morning. Could you state your name on the mic? MS. McGRATH: Good morning. Angela McGrath. CHAIRMAN KAUFMAN: Okay. MS. McGRATH: My spouse and I, Caryn, purchased a piece of property, 659 Palm -- East Palm Ave. on Goodland, and we were in violation of a few things when we purchased the property, of which we've been trying to correct. I don't know how far in detail you want me to go. But we're just waiting on a permit to be issued. We have everything on our permit card that's been signed off, and you probably see that on your screen there. We also -- there was a trailer. That was removed in -- I believe was it '97, Jonathan? CHAIRMAN KAUFMAN: 2006 and 2007, looks like. Let me just read that statement so we're coming from the same place. "A mobile home that was removed between 2006 and 2007 without a valid demolition permit and a dock lift, shed, power pole installed without first getting a permit." So that's what the order was. MS. McGRATH: Okay. So to verify that, we didn't own the property when the trailer was removed. We hired a title company. Evidently they didn't find it, but we offered to pay it anyway, and they sent it back as they would take it off. They sent my check back. And they gave me a refund. So the trailer they took off of that permit, but here's the documentation. Do you want to see it? CHAIRMAN KAUFMAN: No, no. Hold on one second. I have a question then. If -- is that the only violation that was on this order? 3.1.a Packet Pg. 14 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 7 MR. MUSSE: No. There was a -- one was a demolition, the removal of the mobile home without a demolition permit, which is what she's explaining right now that they're not required to get one. The dock lift was recently finalized. The permit was CO'd just recently. So the only thing right now that she has is the tiny home that she needs to get permitted. MR. LEFEBVRE: That's not part of our order, is it? CHAIRMAN KAUFMAN: That's not part of this order that I see. MR. MUSSE: I thought it was a shed. She now is converting it into a tiny home. CHAIRMAN KAUFMAN: I see it says shed there. They're converting the shed into a home, okay. MS. McGRATH: Well, it was set two weeks before the hurricane, so we didn't have time to do anything with it. So we since -- because there's no room on the lot to put a 2,000-square-foot home, because the lot's 45 by 90 -- and then they made me put a Hoot system in. That took up a third of the lot. So our only choice was to put the first tiny home in all of Collier County. So we have been going back and forth with the 288-square-foot tiny house of which we've done everything they've asked us to do from engineering, letters. I mean, I have a whole stack of engineering letters that they made me get for this house. There's eight of them. So I did the best I could. CHAIRMAN KAUFMAN: Basically, you're asking for 30 days to get everything resolved? MS. McGRATH: Well, I'm actually asking for a little bit more, because my permit company said that it could take up to three weeks, but he said, you don't want to go back again and do that all over, so ask them for a little bit more time. So maybe 60 days. CHAIRMAN KAUFMAN: So I guess you're asking for 60 days. 3.1.a Packet Pg. 15 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 8 MS. McGRATH: Yes. I was going to ask for 90, but I thought that was pushing it. So I'm sure I'll have it in 60, but I really didn't want to come back again. So whatever you can give me. But everything on here's been passed. CHAIRMAN KAUFMAN: Okay. Any comments from the Board, push your little buttons because we have a new -- Mr. Lefebvre. MR. LEFEBVRE: Are operational costs paid? MR. BLANCO: I do not have that on me right now. MR. LETOURNEAU: Hold on. Let me check real quick. MR. BLANCO: Yes, they have. MR. LEFEBVRE: I make a motion that we offer a continuance for 60 days. MR. DOINO: Second. CHAIRMAN KAUFMAN: We have a motion and a second to grant a continuance for 60 days. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGRATH: Thank you very much. MR. MUSSE: Thank you. MS. NICOLA: I just want to make a point of clarification, because the fines have not been imposed at this point. 3.1.a Packet Pg. 16 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 9 Continuance usually means that the fines continue to accrue, but we haven't imposed any fines. So when I'm writing up this order, I'm thinking that I need to write it up without fines accruing. CHAIRMAN KAUFMAN: I would think it would be no fines until after the 60 days. MS. McGRATH: We paid a fine when we left here last time. MS. NICOLA: You paid the operational costs last time. There's a difference. When we wrote up the order last time, there was a fine that would accrue when the violation passes, but usually we have a hearing to impose the fines. So I just want to make sure that we're all clear what I'm going to be doing when I write up this order today. Just continuance -- MR. BLANCO: Mr. Chairman, if I may, the continuance would -- the fines would start accruing from September 22nd till -- from September 22nd, basically. If the Board grants an extension of time, then that compliance date that was ordered will be extended 60 days, and no fines would accrue. CHAIRMAN KAUFMAN: Okay. So let me ask Mr. Lefebvre if he wants to make it a continuance or an extension of time. MR. LEFEBVRE: Well, I'm looking at the stipulation, and the stipulation states that we had a meeting on May 24th and we gave 120 days, correct? MR. BLANCO: Correct. MR. LEFEBVRE: And what -- that 120 days was up when? MR. BLANCO: September 21st, 2018. MR. LEFEBVRE: Okay. And today is the 27th, correct? MS. NICOLA: Right. MR. LEFEBVRE: So there would be six days of fines that have accrued. MS. McGRATH: At $100 a day. MR. LEFEBVRE: Correct? So the fines are accruing, actually. 3.1.a Packet Pg. 17 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 10 MR. BLANCO: Correct. MR. LEFEBVRE: Okay. So the continuance would be the correct way of going, because there's fines that are accruing, and they will accrue for the next 60 days or until she gets the final CO. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: And at that time she can come back and ask for the abatement, the reduction of the fines. MR. BLANCO: That's correct. MS. McGRATH: Okay. So you're telling me that right now we're being fined $100 a day from August 21st -- CHAIRMAN KAUFMAN: September. MS. McGRATH: Or September 21st. Okay. So the permit came in six weeks late. On my permit card, it never said I had to have flood vents. There was, like, six things that they asked me to get that's not on this; a Boler (phonetic) tester is not on this. And my biggest question is, if you call in an inspection and the inspector comes out and says, I pass this, but I need an engineer letter to go with it -- so in saying that, I probably could have had everything in by the 21st, but they made me get eight different engineer letters. So you are at the mercy of an engineer to sign off on what I already paid for on the inspection, and then I already paid 1,000 to $2,000 per letter. So I think that's wrong. CHAIRMAN KAUFMAN: I understand what you're saying, and I think that the time to make that argument, which appears to be a good argument, would be after everything is done, so -- MS. McGRATH: Okay. CHAIRMAN KAUFMAN: -- unfortunately, you'd have to come back, whatever fines have accrued, and ask for an abatement or reduction at that time. Probably not now because it's still in violation. MS. McGRATH: Okay. So right now you're just granting me the extension, but the violation at $100 a day is still accruing? CHAIRMAN KAUFMAN: That's correct. 3.1.a Packet Pg. 18 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 11 MS. McGRATH: Okay. CHAIRMAN KAUFMAN: But the Board has the power, if you will, to eliminate all -- once everything is done and we see it in front of us and you have the documentation on why it wasn't done, that's a convincing argument. MS. McGRATH: Okay. I understand. Thank you. MR. BLANCO: Mr. Chairman, if I may, are operational costs being assessed for today's hearing for the extension of time? MR. LEFEBVRE: The continuance. CHAIRMAN KAUFMAN: Yes. MR. BLANCO: For the continuance. So just a reminder to the Board, in order for our office to assess the operational costs, the Board needs to state that on the record. CHAIRMAN KAUFMAN: Motion maker. MR. LEFEBVRE: Let's put it on the record, and what is the amount? MR. BLANCO: Operational costs for today's hearing are in the amount of $59.35. MR. LEFEBVRE: So operational -- in addition to the continuance, operational costs of 59.35 to be paid within 30 days of this hearing. MS. McGRATH: Okay. CHAIRMAN KAUFMAN: Okay. Herminio, you have a comment? MR. ORTEGA: Just for clarification purposes, I take it you pulled this permit on owner/builder? MS. McGRATH: Yes. MR. ORTEGA: Okay. When you cite items like, for example, blower door test and flood vents and all that, something that a general or a contractor would know, you're afforded the same powers of a contractor when you act as an owner/builder. So whether it's on the 3.1.a Packet Pg. 19 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 12 permit card, on the conditions or not, it's still your responsibility. MS. McGRATH: Well, we hired a permit company and paid a lot of money to our permit company, and when they give you the instructions on what you need and then they give you this permit card, as a homeowner, this is what I would think that you would go by. MR. ORTEGA: Right, but you're not a homeowner. MS. McGRATH: Not a normal person would know that unless they were instructed by a permit company or -- MR. ORTEGA: You're acting as a contractor in the eyes of the law. MS. McGRATH: Okay. I understand that, but why -- the 10-plus times I went in and talked to Mr. Moore, why no one said anything about flood vents until last week? And I had to special order those at $256 apiece and put four in. MR. ORTEGA: I really don't know how that was presented. MS. McGRATH: So no one ever said anything. So my -- MR. ORTEGA: Again, what I just said still stands. You're afforded the powers of a contractor -- MS. McGRATH: Okay. So building official doesn't know anything, then, when you go down and talk to him, because had he said that, I would have done that. CHAIRMAN KAUFMAN: I think that at the -- when you get everything done, that would be the time to go into all of these details. MS. McGRATH: Okay. All right. I understand. Thank you for your time. CHAIRMAN KAUFMAN: Thank you, okay. MR. BLANCO: Next item on the agenda, it's Roman Numeral 5, public hearings, motions, Letter B, stipulations, No. 6 from hearings, Item No. 5C6, Case No. CESD20180000943, ADGNP Mortgage, Incorporated. Mr. Chairman, for the record, we did have a power of attorney 3.1.a Packet Pg. 20 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 13 from Mr. Robert Sanchez authorizing him to enter into the stipulated agreement. CHAIRMAN KAUFMAN: Okay. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Now you can read the stipulation into the record. MR. PITURA: Good morning. For the record, I'm Tom Pitura, code enforcement officer, Collier County. It is agreed between the parties that the respondent shall pay operational costs in the amount of 59.70 incurred in the prosecution of this case within 30 days of this hearing; abate all violations by obtaining all required Collier County building permits for the unpermitted alterations made to the guesthouse, or a demolition permit to convert guesthouse back to its originally permitted state; request all related inspections and certificate of completion/occupancy within 90 days of this hearing, or fine of $250 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation by 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. CHAIRMAN KAUFMAN: Okay. Let me ask a question or two. Under the description of violation, it says the guesthouse was converted into three units. The first unit of the garage, whatever, the second, the same thing, third. So those three units were then, according to the stipulation, they'll be eliminated and made part of the house? 3.1.a Packet Pg. 21 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 14 MR. PITURA: Correct. CHAIRMAN KAUFMAN: The bathrooms -- so a demo permit would have to be issued for this, and that would take the plumbing out, any additional electric, whatever it takes to put it back together again. MR. PITURA: Correct. CHAIRMAN KAUFMAN: Okay. And the respondent is aware of that? MR. PITURA: He is. CHAIRMAN KAUFMAN: Do we have any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Just a quick -- what was the -- what is the zoning in that location? MR. PITURA: Zoning is -- MR. LETOURNEAU: It's Estates. MR. PITURA: Estates. Zoning E. CHAIRMAN KAUFMAN: Okay. So they're just going to leave it as a single-family unit, I guess? MR. PITURA: Back to its original state. CHAIRMAN KAUFMAN: Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody want to make a motion to accept the stipulation or deny it? MR. ORTEGA: I'll make a motion to accept the motion (sic) as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MR. DOINO: Second that. CHAIRMAN KAUFMAN: We have a second. Sue, you have a comment? MS. CURLEY: Yeah. Who's signing the stipulation? What's the 3.1.a Packet Pg. 22 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 15 person's name? MR. PITURA: Robert Sanchez. MS. CURLEY: And who is he? MR. PITURA: He is the power of attorney for one of the officers of the ADDP (sic) mortgage company. CHAIRMAN KAUFMAN: Any other questions? (No response.) CHAIRMAN KAUFMAN: Hearing none, we have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: (No verbal response.) MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. Tom, are you new? MR. PITURA: I am. CHAIRMAN KAUFMAN: Okay. We'll break you in. MR. BLANCO: Mr. Chairman, we have an additional change to the agenda. CHAIRMAN KAUFMAN: I'm sorry, we're out of changes. MR. BLANCO: Roman Numeral 5, public hearings, motions, Letter B, stipulations, we have one addition. Number 4 from hearings, Item No. 5C4, Case No. CESD20180007276, Carlos Arreaga and Veronica Arreaga. Mr. Chairman, before we proceed, I think we need a motion from 3.1.a Packet Pg. 23 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 16 the Board to accept the changes. CHAIRMAN KAUFMAN: Yeah, we will. I just wanted to take a quick look at it. Okay. Get a motion to -- MR. LEFEBVRE: Motion to accept the changes. MR. DOINO: Second. CHAIRMAN KAUFMAN: Motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. (The speakers were duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Okay. You want to read the stipulation into the record for us. MS. McGONAGLE: Therefore, it is agreed between the parties that the respondent shall pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. Two, abate all violations by obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted window replacement within 90 days of this hearing, or a fine of $150 per day will be imposed until the violation is abated. Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator 3.1.a Packet Pg. 24 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 17 perform a site inspection to confirm compliance. Number 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. CHAIRMAN KAUFMAN: Okay. I have a couple of questions before we continue. Was it all the windows or just one window or -- MS. McGONAGLE: The only ones that I observed were the two in the front, but when they went to get the permit, they also had replaced a door that I didn't know. So they've included everything that was replaced in the permit. They do have a permit application in. It was just rejected, and he can explain to you why it was rejected. But they are in the process of resubmitting. CHAIRMAN KAUFMAN: Good morning. MR. ARREAGA: Good morning. CHAIRMAN KAUFMAN: Could you state your name on the microphone for us. MR. ARREAGA: Good. CHAIRMAN KAUFMAN: Your name? MR. ARREAGA: Carlos Arreaga. CHAIRMAN KAUFMAN: Okay. Are you doing this work yourself, or did you hire a company to do this work for you? MR. ARREAGA: Well, almost myself. I know to do something, but I got friends who helped me. You know, the economy is not very good. Save some kind of money. CHAIRMAN KAUFMAN: The reason I ask is there's a difference between owner/builder, in other words, you pulling the permits or the company that you hired to do that pulling the permits. MR. ARREAGA: I pulling. 3.1.a Packet Pg. 25 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 18 CHAIRMAN KAUFMAN: You pulled the permits, okay. That's all I wanted to ask. Okay. Do we have any -- Herminio? MR. ORTEGA: The question was already answered. There is a permit in place. CHAIRMAN KAUFMAN: Okay. Anybody like to have any more comments or make a motion? Silence is deafening. MR. ORTEGA: I make a motion to accept the motion (sic) as written. CHAIRMAN KAUFMAN: Okay. We have a motion. Do we have a second? MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. Sue, you have a question? MR. LEFEBVRE: She wanted to make a motion. CHAIRMAN KAUFMAN: You wanted to make a motion. MR. ORTEGA: I'll withdraw mine. MR. LEFEBVRE: Second it. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: That's fine. I was just going to make a motion. I didn't know I didn't have to press the toggle to make a motion. That's not the rules I was given at the beginning of the meeting. CHAIRMAN KAUFMAN: Okay. The beatings will start right after the meeting's over. We have a motion and a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? 3.1.a Packet Pg. 26 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 19 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you. MR. ARREAGA: Thank you very much. MS. McGONAGLE: Thank you. MR. ARREAGA: Have a nice day. MR. BLANCO: Next item on the agenda, going in the order of the respondents that are present, it's Roman Numeral 6, old business, Letter C, motion for imposition of fines and liens, Item No. 6C3, Case No. CESD20170012033, Monica Gomez Arciniegas and Raul A. Gomez Olaya. CHAIRMAN KAUFMAN: For the Board, this was the sheet that was left on your position. The violation has been abated as of August 7th. (The speakers were duly sworn and indicated in the affirmative.) MR. MOLINA: Good morning. For the record, Boris Molina, Collier County Code Enforcement. This is in reference of CEB Case No. CESD20170012033. Hearing date: September 27th, 2018. Board of County Commissioners versus Monica Gomez Arciniegas and Raul Gomez Olaya. Violations: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i), and 1.4.04(a). Location: 698 Pine Vale Drive, Naples, Florida; Folio 65671280003. Description: Unpermitted water and electric alterations made to enclosed garage. Enclosed garage was originally permitted with Permit No. 94-4526. Specified no utilities. Past orders: On March 22nd, 2018, the Code Enforcement Board issued a findings of fact, conclusion of law and order. The respondent 3.1.a Packet Pg. 27 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 20 was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5493, Page 3304, for more information. On July 26th, 2018, the respondent's motion for continuance of this case was denied. See the attached order of Board, OR5540, Page 2952, for more information. The violation has been abated as of August 7th, 2018. Fines and costs to date are as follows: Part B of the record, fines have accrued at a rate of $250 per day for the period from July 21st, 2018, to August 7, 2018, 18 days, for a total fine amount of $4,500. Part C of the order: Fines have accrued at a rate of $250 per day for the period from March 24th, 2018, to August 7th, 2018, 137 days, for a total fine amount of $34,250. Previously assessed operational costs of $59.70 have been paid. Operational costs for today's hearing, $59.84. Total amount: $38,809.84. CHAIRMAN KAUFMAN: Okay. I have one question. What's the difference between Part B of the order and Part C other than the letter? MR. BLANCO: Mr. Chairman, Part B on the order was the order to obtain building permits, demolition permits, inspections, and then Part C, the order to cease the use of unpermitted structures for living purposes and disconnect all utilities. CHAIRMAN KAUFMAN: So from what I am reading and what I remember, this was a garage conversion; is that correct? MR. ORTEGA: That's right. CHAIRMAN KAUFMAN: Okay. And now it's -- since it's been abated, I'm assuming it's been converted back to a garage? MR. MOLINA: Yes, sir. CHAIRMAN KAUFMAN: And all of the plumbing, electrical, whatever, has all been removed? 3.1.a Packet Pg. 28 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 21 MR. MOLINA: Yes. CHAIRMAN KAUFMAN: Okay. I'm going to ask the same question I asked earlier. What's the zoning there? Is that Estates? MR. MOLINA: It's not Estates. CHAIRMAN KAUFMAN: RSF-1? There's a test after this meeting. MR. LETOURNEAU: It's residential. CHAIRMAN KAUFMAN: Okay. Residential single-family? MR. MOLINA: Yes. MR. LETOURNEAU: Yes. CHAIRMAN KAUFMAN: Okay. Now, sir, you are here to? MR. GOMEZ: Yes. CHAIRMAN KAUFMAN: Can you state your name on the microphone for us, please. MR. GOMEZ: My name is Raul Gomez. CHAIRMAN KAUFMAN: Okay. MR. GOMEZ: I bought this property back in 2009 with my wife. We have no kids. Our first property. My wife, Monica, she's been working -- she used to work for Port Royal Club for more than 15 years. So with our savings, we used for -- to buy the property. When we buy the property, that was -- I don't know; you have to file. They always say guest residence in the piece of the garage that was converted. So we were so happy. We move, was the building, and I get some updates inside of the unit without to know I was breaking the law. When I went to the county to request the draw, because the house is 1970, was nothing, just this one. I said, well, how can I get it for my property? They said it's nothing there. It's just this one. I did the upgrades. Nothing happened. My wife get accept overseas to go to a American university in this Martin Island, and we 3.1.a Packet Pg. 29 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 22 rent the house, and at the same time -- CHAIRMAN KAUFMAN: Slow down for me. You were selling the house or -- MR. GOMEZ: No. I rent the house. CHAIRMAN KAUFMAN: Oh, you rented the house out to somebody else? MR. GOMEZ: Yes, because she got accepted, so we have to move overseas to St. Martin. Unfortunately, the people to I rent the house was not good people. They were destroying the house. So I came to see. Was a mess. So I say, no, you need to leave my property. So he said, okay, I'm going to screw your life. I'm going to call Code Enforcement because you're breaking the law. I said, you can call, whatever you want. I know what -- I'm not breaking the law. But I found I was breaking the law. So when I got the Code Enforcement, I called right away to Mr. Molina, Mr. Boris. I say, why am I breaking the law? He explained me everything. And I ask him, what should I have to do to get everything straight up to not breaking the law? Tell me what I have to do. And he told me, if you have people there, nobody living there. I did right away. I wasn't here. So my mother-in-law went to the department, and she spoke with Mr. Ryan Paul on behalf of me, say, what did I have to do? So he say, he needs to do -- to get the permit by affidavit, fill it out for an engineering company or some company. So I did. I hired Forge Engineering to do the paper -- to do all the stuff. He said, you need to hire plumbing and electrical to sign the papers; I did. They do you all the job; say everything is fine. Now you can go to -- go and ask for the permit. And I was told the place is not going to be a living space. It's just 3.1.a Packet Pg. 30 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 23 going to get the permits to live as is. Don't remove anything. Everything is fine, but nobody was living there. He say it's fine. Whatever I have to do, I will do it. So I hired this company. They do all the job. They say everything is fine. You can go to request the permit. So I went to get an appointment with Mr. Ryan Paul, said this is the -- what you request, the permit by affidavit, everything, the job is done. And he said, let me one second. I'm going to need to talk to Mr. Walsh. He went to talk to Mr. Walsh and said, I have bad news for you. This is not going to work out. I say, why? He say, I'm sorry -- in the beginning they said you need to get an elevation survey your property -- CHAIRMAN KAUFMAN: Let me stop you one second. I have one question since we're right in that area. Who did the work initially to convert the garage into living space? MR. GOMEZ: Like I said, when I move to the -- when I bought the house, was the structure, some job inside, but I did some adjustments inside by myself. CHAIRMAN KAUFMAN: You did sinks or -- MR. GOMEZ: Yeah. CHAIRMAN KAUFMAN: Okay. MR. GOMEZ: Yeah, like a -- I fix it. Because my plan was to have -- after I get -- my wife get pregnant, so I have kids, so I say, I want to bring my parents to take care of my kids, since I was working. I was working at La Playa Resort for 10 years, so I want to bring in parents to take care of my kids in the space. CHAIRMAN KAUFMAN: So I'm asking this question first before Mr. Ortega's going to ask the question. You're not allowed to do a permit by affidavit if you're the one that modified the unit. MR. GOMEZ: No, no, no. Okay. I got lost in that point. CHAIRMAN KAUFMAN: Okay. You were at the point where 3.1.a Packet Pg. 31 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 24 -- in the house and you did some things. MR. GOMEZ: Yeah. It was long time -- when I bought the house. Not now. The permit by affidavit was now that Mr. Ryan, Mr. Paul, told to my mother-in-law you need to do this permit to get everything done. You request the permit, and everything is fixed. So I request to talk to Mr. Walsh. So they give me an appointment. I came like three or four times to Naples, and I spoke with him. And he explained me everything. He said, yes, you get the elevation certificate, is right for your property, but now you are not going to be allowed because now the codes change at some point, and now you are not in that range because your house is old. So maybe it's not high enough to have it. So he told me, you have two choices. Raise the floor or get a demolition permit. I say, Mr. Walsh, my time is -- I don't have more time. I need to find somebody, if they can do the job to raise the floor. And he say, don't worry, think about it, and request more time. That's what I did, but I get denied for the time, because I was somebody -- to ask a company to have to raise the floor, everything, it was so expensive. I say, I'm broke. I don't want to spend that money. So the cheap way is just get demolition permit by my own and do the job. So I requested time. I get denied. So as soon as I get denied, I flew to Naples, and in less than a week, I request the permit, and I did the job. I say, I don't want to deal with this one anymore. I did this the fast way. I will do it, and I did. But at the same point, I talked to Mr. Walsh. I say, I feel frustrated because I didn't know the law. He said, no, maybe you need to find a lawyer to sue the company who sold you house. I said, listen, I don't want to -- that cost money. It was my mistake. I didn't know the law. I was happy when I see the plans say guest residence in the plans all the time when I bought the house without to know that I was 3.1.a Packet Pg. 32 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 25 breaking the law. CHAIRMAN KAUFMAN: Those plans came from the company that you bought the property from? MR. GOMEZ: Yes. CHAIRMAN KAUFMAN: Okay. MR. GOMEZ: Like I told you, when I went to request the plans was in the corner (sic). He say, I'm sorry, there's nothing here. Now I get the fines. I say, I apologize. Take long time. Unfortunately, when that happens, the hurricane happens, and I -- Mr. Molina told me they're going to -- for that period they're going to be zone -- they are not going to work anymore with the case because they're going to take care of the -- after Irma. CHAIRMAN KAUFMAN: Okay. The point we're at right now is it is now -- this has been taken care of, and that's where we are right now. MR. GOMEZ: Yes. CHAIRMAN KAUFMAN: Okay. Now, Sue, you have a question first. MS. CURLEY: Yeah. I just wanted to make sure that -- I understood that he said he purchased the house like this because he had a survey, and then you said that -- you said something different, so he -- CHAIRMAN KAUFMAN: I asked -- my question was, who did the work? Did you do the work that converted it from a garage into a living space, and he said he did. MS. CURLEY: He bought it -- it was already -- this -- the way -- he bought it that way, he said. So you're -- MR. GOMEZ: The structure. The structure, but they had power inside, some inside. I said listen, I just want to -- it's a great way to make -- I do some work that -- I know how to do some work, so I did it. But the structure was there. When I saw it said guest residence, I 3.1.a Packet Pg. 33 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 26 saw power, I saw water. I say, why not? Because I think it was a showroom. The guy, he had that showroom for the -- he was doing like some stuff. He was selling some stuff. It was a showroom. MS. CURLEY: So there was power and water in that structure? MR. GOMEZ: Was power, and water line was there. MS. CURLEY: Yeah. That's -- CHAIRMAN KAUFMAN: It was converted from a garage to living space. That's what we heard initially on the order; is that correct? MR. MOLINA: Yes, sir. CHAIRMAN KAUFMAN: Okay. Which meant stuff was done: Plumbing and electrical. I asked the respondent who did it. He said he did it. Now, it doesn't really matter. It's done, and it is now in CO status; is that correct? MR. MOLINA: It is. CHAIRMAN KAUFMAN: So, unfortunately, that's water under the bridge, and we had nobody to speak to at the time this originally came before the Board, and because we had nobody to speak, all we saw was the complaint. MS. CURLEY: And the letter that was sent. He sent communications to Danny. CHAIRMAN KAUFMAN: Right. MR. GOMEZ: And, unfortunately, with the -- the hurricane happened, my wife, she get -- had injure. She fell down in the -- during the hurricane. She's fine, but she need to stop -- she stopped her studies, because mow she's in medical treatment, so we had to move back to Naples last -- two weeks ago, and now we have to deal with this. Even my home is still damaged from the hurricane. We have to replace the roof. It's all damaged. And we tried to deal with the insurance, because I wasn't here. So I had to hire a company to do the all the stuff, so the house, like, is a mess. It's our first house, and to 3.1.a Packet Pg. 34 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 27 have this problem, plus, it's all damaged from the hurricane, but that's life. CHAIRMAN KAUFMAN: Mr. Ortega. MR. ORTEGA: I think any additional comments on my behalf are only going to extend this conversation. It's been abated. CHAIRMAN KAUFMAN: Correct. MS. CURLEY: I'd make a motion. CHAIRMAN KAUFMAN: Okay. Hold on. Sue, you have a motion. MS. CURLEY: I'd like to make a motion to deny the county's request for both Part B and C of the fines but to include the operational costs payable by the -- by Mr. Gomez. CHAIRMAN KAUFMAN: Okay. So we have a motion -- MS. ELROD: Second. CHAIRMAN KAUFMAN: -- to, in essence, abate the fine, correct? Yes. Okay. Do we have a second? MS. ELROD: Yes, second. CHAIRMAN KAUFMAN: We have a second by Ms. Elrod. Mr. Lefebvre, you'd like to say something? MR. LEFEBVRE: Typically, when we deny the imposing of fines, we don't assess the operational costs. CHAIRMAN KAUFMAN: Okay. MS. CURLEY: All right. CHAIRMAN KAUFMAN: I'll go back to the motion maker. Do you want to eliminate the -- MS. CURLEY: Yeah. I was just trying to follow Danny's rule from about a half hour ago. So should I not include that, Danny? MR. BLANCO: Whether the operational costs are assessed is up to the Board. What I said earlier was relating to the motions for extension of time or a continuance. MS. CURLEY: Okay. Then I will modify my motion. 3.1.a Packet Pg. 35 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 28 CHAIRMAN KAUFMAN: And the second, would you -- MS. ELROD: Accept the modification. CHAIRMAN KAUFMAN: Accepts that. Okay. We have a motion. We have a second. Any other discussions on this? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. MR. GOMEZ: Thank you. CHAIRMAN KAUFMAN: Okay. Good luck to you. MR. GOMEZ: Thank you. CHAIRMAN KAUFMAN: Okay. MR. BLANCO: Next item on the agenda is Roman Numeral 5, public hearings, motions, Letter C, hearings, Item No. 5C3, Case No. CESD20180006068, Carmen Vasallo. (The speaker was duly sworn and indicated in the affirmative.) CHAIRMAN KAUFMAN: Let the record show that the respondent is not present. I do ask one question, Danny. We have a couple of folks in the back. Are they -- have cases. MR. BLANCO: Oh, they're just observing, sir; observing the 3.1.a Packet Pg. 36 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 29 hearing today. CHAIRMAN KAUFMAN: Okay. The hearing thing? MR. BLANCO: Yes. Mr. Chairman, if I may put the notice on the record. CHAIRMAN KAUFMAN: Notice? MR. BLANCO: That we -- that our office sent the notice to the respondent on time in compliance with -- CHAIRMAN KAUFMAN: Okay. MR. BLANCO: -- our county ordinance. For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on September 14th, 2018. Property and courthouse were both posted on September 17th, 2018. CHAIRMAN KAUFMAN: Okay. I'm looking. Okay. You want to present your case now? MR. LOPEZ-SILVERO: Yes, sir. Good morning. For the record, Steven Lopez-Silvero, Collier County Code Enforcement. This is in reference to Case No. CESD20180006068 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Observed a flat-roofed aluminum storage shed, a recent metal reroof on a permitted frame storage shed, and two canopies attached to the dwelling all unpermitted and in the rear yard of improved occupied residential property located at 1013 New Market Road West, Immokalee, Florida, 34142; Folio 63852560007. Service was provided on May 31st, 2018. I would like to present case evidence in the following exhibits: It's going to be six pictures taken by myself on April 18, 2018, and May 17th, 2018, and also an aerial of the property. CHAIRMAN KAUFMAN: Can we get a motion to accept the 3.1.a Packet Pg. 37 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 30 photos? MR. DOINO: Motion to accept. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LOPEZ-SILVERO: I had to outline some of these pictures because the respondent or property owner didn't allow me into -- this is the rear yard of the property. So this is my legal view from the street from what I could get from the fence-line upward. CHAIRMAN KAUFMAN: Okay. It's a good thing you're tall. MR. LOPEZ-SILVERO: Yeah. The picture on the left is a flat-roofed aluminum shed, unpermitted. The picture at the right just shows the angle or the location of where that shed's located. It's in the rear corner of that yard. CHAIRMAN KAUFMAN: There's a permanent residence on that property as well? MR. LOPEZ-SILVERO: There is. CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: The picture on the left is the frame -- is a permitted framed storage shed. What's not permitted is the metal roof that they added on the top. 3.1.a Packet Pg. 38 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 31 CHAIRMAN KAUFMAN: Is that where the blue tarp is? MR. LOPEZ-SILVERO: It looks blue from the picture, but it's actually metal color. MS. CURLEY: Is that the picture on the left? MR. LOPEZ-SILVERO: The picture on the left, yes, ma'am. The picture on the right is Canopy No. 2, because they added two canopies. They're, like, a plastic awning is what they added, attached to the rear of the dwelling. If you zoom in, you can see it. It's hard to see it there, but it's at the rear of the dwelling, that overhang that extends past the roof. CHAIRMAN KAUFMAN: Where the arrow is. We got it. MR. LOPEZ-SILVERO: Yes, sir. And then that's a front view of the storage shed with the unpermitted roof, and the front view. MS. CURLEY: The entire property is fenced with that barrier fence? MR. LOPEZ-SILVERO: From the side plane of the home to the rear. Actually, the whole property's fenced in, the front and the rear. CHAIRMAN KAUFMAN: Herminio, do you have a question? MR. ORTEGA: It seems that fence is over 6-foot or 6-foot; am I correct? MR. LOPEZ-SILVERO: The fence is about six feet. From what the respondent -- MR. ORTEGA: On the front of the property? MR. LOPEZ-SILVERO: Yes. From what the respondent advised me, she installed this fence before the requirements for the height of the fence changed. MR. ORTEGA: Okay. MR. LOPEZ-SILVERO: So that's why it's six feet all around, according to her. But the only opaque section is the rear yard. CHAIRMAN KAUFMAN: Herminio, what's the current zoning on that or -- 3.1.a Packet Pg. 39 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 32 MR. ORTEGA: Well, it depends on the zoning. In some areas you're allowed 6-foot from the setback all the way to the back and around the back, and 4-foot in the front, unless you're on the water. E zoning, for example, allows for greater heights than that. So I take it this is RSF? MR. LOPEZ-SILVERO: This is residential single-family 3. MR. ORTEGA: So it might be limited to 4- and 6-foot. CHAIRMAN KAUFMAN: Okay. Was that changed in the last year? MR. ORTEGA: No. It's been like that for a while. And that fence looks pretty new, doesn't it? MR. LOPEZ-SILVERO: It appears new. I didn't see any rust spots or anything on it. CHAIRMAN KAUFMAN: Yeah, we're not looking for any additional violations, just the ones that are in front of us. MR. LOPEZ-SILVERO: And then the last image is just an aerial map outlining of all the separate alterations. CHAIRMAN KAUFMAN: Could you point on that -- that's better -- where the shed is. MR. LOPEZ-SILVERO: That's the flat-roofed unpermitted -- CHAIRMAN KAUFMAN: Okay. MR. LOPEZ-SILVERO: -- aluminum shed. CHAIRMAN KAUFMAN: It meets setbacks and all the rest of that? MR. LOPEZ-SILVERO: Right. This one's the permitted frame storage shed with the unpermitted metal roof, and these are the two canopies right here. CHAIRMAN KAUFMAN: So you're saying that they had it permitted, the hurricane came, or whatever it was, and they had to replace this roof, and they didn't get a building permit? MR. LOPEZ-SILVERO: Yes. And if you look at the next 3.1.a Packet Pg. 40 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 33 image, you'll show the -- you'll see there's a change in the material of that roof, of the frame, the permitted frame storage shed. It changed from -- I believe it was shingle to metal from one year to the next. MS. CURLEY: So this is 2017, the date in the bottom of the picture before us now -- MR. LOPEZ-SILVERO: Yes, ma'am. MS. CURLEY: -- 2018. MR. LOPEZ-SILVERO: Here. That's one material, and then you slide; it changed to metal. MS. CURLEY: Can you see the fence in that picture, too, if you were -- MR. LOPEZ-SILVERO: Yes. The fence has been existing for several years now. CHAIRMAN KAUFMAN: Okay. Have you had -- you want to continue with your case? MR. LOPEZ-SILVERO: Sure. On April 18th, 2018, I conducted a site visit and observed a metal -- correction -- the mentioned violation. Research of the property history revealed that no building permits have been obtained for the accessory structures and/or alterations in question. I later met with the property owner to explain the details of the violation and provide the corrective action needed for compliance. As of September 26th, 2018, no building permit and/or demolition permits have been obtained, and the described structures and/or alterations remains. The violation remains. CHAIRMAN KAUFMAN: So the first time you spoke with them, it was on the 18th, is it? MR. LOPEZ-SILVERO: Was the first time I went out, yes, sir. CHAIRMAN KAUFMAN: On September 18th? MR. LOPEZ-SILVERO: On April 18th. CHAIRMAN KAUFMAN: On April 18th. 3.1.a Packet Pg. 41 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 34 MR. LOPEZ-SILVERO: Yes, sir. CHAIRMAN KAUFMAN: Have you spoken to them since then? MR. LOPEZ-SILVERO: Just this week. CHAIRMAN KAUFMAN: And what did they have to say? MR. LOPEZ-SILVERO: They're going to try to get the required permits for what they have. I know that aluminum -- that flat-roof aluminum shed's right on the fence. They're not going to meet setbacks. They're either going to have to -- the county's going to require them either to move it to meet setbacks or remove it altogether. CHAIRMAN KAUFMAN: Okay. So we have no respondent to -- MR. LOPEZ-SILVERO: The respondent advised me she couldn't make today's hearing due to a medical appointment she couldn't cancel or reschedule. CHAIRMAN KAUFMAN: Okay. MR. LETOURNEAU: Mr. Kaufman? CHAIRMAN KAUFMAN: Yes. MR. LETOURNEAU: For the record, Jeff Letourneau, Collier County Code Enforcement. Just to clarify the fence issue, there was a fence permit issued in 1993 and CO'd for a property. So I image it quite possibly could have been before there was a 6-foot requirement. CHAIRMAN KAUFMAN: Yeah. And it's not on our violation here, so -- MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: -- it's immaterial. Okay. First thing we need to do is to find out if the respondent is in violation. I'm looking for a motion from the Board. MR. DOINO: Motion a violation exists. CHAIRMAN KAUFMAN: We have a motion. Do we have a 3.1.a Packet Pg. 42 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 35 second? MR. WHITE: Second. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. You have a suggestion for us? MR. LOPEZ-SILVERO: I do. The county's recommendation: That the Code Enforcement Board order the respondent to pay all operational costs in the amount of $59.49 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, obtaining all required Collier County building permit or demolition permit, inspections and certificate of completion and/or occupancy for described structures and/or alterations within blank days of this hearing, or a fine amount of blank dollars per day will be imposed until the violation is abated. Number 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 3.1.a Packet Pg. 43 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 36 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 order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do we have any comments or suggestions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, I'll take a shot at it. 59.49 paid within 30 days, 90 days to bring this into compliance or a fine of $150 a day. MR. LEFEBVRE: Second that motion. CHAIRMAN KAUFMAN: We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing and seeing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: (Absent.) MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Show that Ms. Curley is taking care of other business. Okay. MR. LOPEZ-SILVERO: Thank you. You guys have a great day. CHAIRMAN KAUFMAN: You, too. MR. BLANCO: Next item on the agenda is No. 6 from hearings, 3.1.a Packet Pg. 44 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 37 Item No. 5C6, Case No. CESD20 -- my apologies. We heard that case. CHAIRMAN KAUFMAN: Do you want to hear it again? MR. BLANCO: No, sir. Next item on the agenda, it's No. 7, Item No. 5C7, Case Number CEVR20180007002, PKC Holding Company. (The speaker was duly sworn and indicated in the affirmative.) MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on September 14, 2018. Property and courthouse were both posted on September 17, 2018. CHAIRMAN KAUFMAN: Okay. Good morning. MS. DAVIDSON: Good morning. For the record, Investigator Colleen Davidson, Collier County Code Enforcement. This is in reference to Case No. CEVR20180007002 dealing with violation of Collier County Land Development Code 04-41, as amended, Section 3.05.08(C). Brazilian pepper and other exotics located on property. Located at 3443 Pine Ridge Road, Naples, Florida, 34109; Folio No. 25120010081. Service given on May 31st, 2018. I would now like to present case evidence in the following exhibits: Three photos taken by myself on May 7, 2008 (sic); three photos taken by myself on September 26th, 2018; and one aerial photo of property. CHAIRMAN KAUFMAN: We get a motion from the Board to accept the photos? MR. WHITE: Motion to accept the photos. CHAIRMAN KAUFMAN: From Ryan. MS. ELROD: Second. CHAIRMAN KAUFMAN: Second, Kathy. 3.1.a Packet Pg. 45 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 38 All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. DAVIDSON: On May 7th, 2018, we received a complaint for Brazilian pepper. Conducted a site visit and observed overgrown vegetation. I submitted pictures to Environmental Specialist Michaelle Crowley who determined the vegetation is, in fact, Brazilian pepper. A notice of violation was issued on May 31st, 2018. I've spoken with the property manager numerous times, and in July the exotics were scheduled to be removed by a landscape company. After my site visit on August 7th, 2018, no progress had been made, and I prepared it for hearing. Yesterday, on my prehearing site visit, I observed a landscape company who was in the process of cutting the Brazilian pepper; however, a significant portion still needs to be cut, and all exotic vegetation still needs to be removed from the property. As of this morning, violation remains. CHAIRMAN KAUFMAN: What's the development that's there? I'm trying to figure out where it is. MS. DAVIDSON: This is in Livingston Woods. CHAIRMAN KAUFMAN: Okay. MS. DAVIDSON: It's the PUD on Pine Ridge Road. There's a -- they butt up on Livingston Woods, and there's a wall. And the PUD is 3.1.a Packet Pg. 46 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 39 required to maintain the wall and any vegetation on that side of it. MR. WHITE: Is this behind the medical and commercial office? MS. DAVIDSON: Yes. Cambridge Square. CHAIRMAN KAUFMAN: I used to live there. Not on the wall, but in the area in Livingston Woods. Okay. It looks like it's in progress of being done? MS. DAVIDSON: It is in progress. There's still a significant amount that needs to be done, which is why we came this morning. CHAIRMAN KAUFMAN: Have you spoken with them? Did they say that they'd have it done by some particular date? MS. DAVIDSON: I've left messages with the property manager. She has not called me back. CHAIRMAN KAUFMAN: Okay. Any comments from the Board? (No response.) CHAIRMAN KAUFMAN: First thing we need to do is find out if they're in violation or not. MR. DOINO: Make a motion -- make a motion a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion and a second that a violation exists. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. 3.1.a Packet Pg. 47 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 40 Okay. And you have a suggestion for us? MS. DAVIDSON: 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 removing all prohibited exotic vegetation and obtaining any and all required Collier County vegetation removal permits within blank days of this hearing, or a fine of blank per day will be imposed until the violation is abated. That the respondent must notify 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 Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody like to take a stab at filling in the blanks here? MR. ORTEGA: I'll take a stab. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: That they pay operational costs within 30 days of this hearing. I have a quick question. Would you say this is 50 percent complete? MS. DAVIDSON: Yes, 50 percent. MR. ORTEGA: Okay. And removal permits, let's see, within 60 days at a fine of $100 per day. MR. DOINO: I'll second that. CHAIRMAN KAUFMAN: That's what I had written. Okay. We have a motion and a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? 3.1.a Packet Pg. 48 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 41 MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Colleen. MS. DAVIDSON: Thank you. MR. BLANCO: Next item on the agenda is No. 8 from hearings, Item No. 5C8, Case No. CESD20180005962, Jon Richard Brimmer, Sr., and Ana Brimmer. (The speaker was duly sworn and indicated in the affirmative.) MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on September 14th, 2018. Property and courthouse were both posted on September 17, 2018. CHAIRMAN KAUFMAN: Okay. Michele? MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CESD20180005962 dealing with a violation of 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). Removed garage and garage door without obtaining required Collier County permits. Violation location: 1003 Cardinal Street, Naples, Florida, 34104; 3.1.a Packet Pg. 49 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 42 Folio 32480480001. Service was given on May 7th, 2018. I would now like to present case evidence in the following exhibits: Two pictures taken by me on April 17th, 2018, and one picture from a previous code case taken on October 19th, 2012, by Investigator Giguere. CHAIRMAN KAUFMAN: Okay. Before we do that, Herminio, you want to say something first? MR. ORTEGA: I think the pictures will tell us what I'm going to ask, but it says remove garage and garage door. So you're actually talking about the structure itself? CHAIRMAN KAUFMAN: So you get a picture of nothing. MR. ORTEGA: Basically; exactly. CHAIRMAN KAUFMAN: Could we get a motion to accept the photos? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: That's where the garage door used to be. CHAIRMAN KAUFMAN: So the garage came out over the slab 3.1.a Packet Pg. 50 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 43 where the car is parked? MS. McGONAGLE: No. Danny, could you go back to the other picture. This is the frame for the -- MR. LEFEBVRE: So the garage was not removed? MR. LETOURNEAU: Yeah. We could have probably stated that a little bit better. The garage aspect was removed and possibly turned into something else. We haven't been inside, correct, Michele? But we can see from the picture that the garage door was removed and a false wall was put up right behind the garage door. CHAIRMAN KAUFMAN: Yeah. The garage conversion is -- MR. LETOURNEAU: Yeah, it's a garage conversion. Yeah, they didn't remove the garage. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: And at the time I didn't know that. The complaint was for the man door added, but I'll go into that. On April 17th, 2018, I made a site visit and observed a new man door and concrete where the garage door should be. I met with the property owners who claim the door was already there when they bought the house. I reviewed previous cases on this property and found a picture which was taken on October 19th, 2012, which shows a garage door existed at the time, and that's the picture you're looking at now. On April 20th, 2018, I submitted a determination request, and Building Official Jonathan Walsh determined a violation exists. Alterations to structure for removal of garage and garage door requires a permit. A notice of violation was prepared and served to the property owner on May 7th, 2018. A permit application was submitted on May 28th, 2018, and rejected on June 19, 2018. I called the property owners on July 27th, 3.1.a Packet Pg. 51 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 44 2018, and they stated they met with Renald Paul after they received the notice of violation, and he explained what they needed to do to resubmit for the permit. On August 2nd, 2018, corrections were not submitted for the permit, so I called the property owner and left a voice mail explaining that they needed to submit the garage conversion plans. On August 21st, 2018, corrections were not submitted, and the case was prepared for a hearing. Violation remains as of today. CHAIRMAN KAUFMAN: Did you have an opportunity to look through where the door was when you were out at the property? MS. McGONAGLE: The only thing I saw was what you could see in that one picture, that there was a wall right inside of the door, but they refused to let me see the inside of the house. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: They did admit that the garage was converted, but they didn't let me see inside. CHAIRMAN KAUFMAN: Okay. So we need to find out whether a violation exists. Anybody like to -- MR. DOINO: Make a motion violation exists. CHAIRMAN KAUFMAN: We have a motion that a violation exists. MR. WHITE: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. 3.1.a Packet Pg. 52 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 45 MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. You have a suggestion for us, Michele? MS. McGONAGLE: Yes, sir. 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: Number 1, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted garage alteration within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number 2, 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 Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Anybody from the Board like to take a shot at filling in the blanks? MR. DOINO: I'll try. CHAIRMAN KAUFMAN: Okay. MR. DOINO: Pay the amount of $59.65 -- CHAIRMAN KELLY: Sixty-three cents. MR. DOINO: -- .63, 90 days, and $150 a day. CHAIRMAN KAUFMAN: Okay. Any comments? We have a second from the Board? MR. ORTEGA: Second. 3.1.a Packet Pg. 53 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 46 CHAIRMAN KAUFMAN: We have a second. Any comments? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. MR. BLANCO: Next item on the agenda, it's No. 5 from hearings, Item No. 5C5, Case No. CESD20180003319. (The speaker was duly sworn and indicated in the affirmative.) MR. BLANCO: For the record, Danny Blanco, Code Enforcement. Notice of hearing was sent regular mail and certified on September 14, 2018. Property and courthouse were both posted on September 13, 2018. MR. FORD: Good morning. For the record, Arthur Ford, Collier County Code Enforcement. This is in reference to Case No. CESD20180003319 dealing with a violation of building/land alteration permits, Collier County Land Development Code 04-41, as amended, Section 10.2.6(B)(1)(a). Permit PRBD20170416174 expired November 4th, 2017, for interior and exterior renovations; no contractor involvement. Located at 342 Cromwell Court, Naples, Florida, 34108; Folio 3.1.a Packet Pg. 54 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 47 66674378306. Service was given on March 6th, 2018. I would like to present the following evidence: A photo taken by me February 26th, 2018, and five photos taken by me on September 25th, 2018, of the property; a copy of the expired/canceled permit; a copy of the demolition permit and documentation from Honc Demolition that they have not been made by the respondent. CHAIRMAN KAUFMAN: Okay. Could we get a motion to accept these exhibits? MR. DOINO: Motion to accept. MR. WHITE: Second. CHAIRMAN KAUFMAN: We have a motion, and we have a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. That almost looks like a house. MR. FORD: Or Stonehenge. MS. NICOLA: That's what I was saying. CHAIRMAN KAUFMAN: On the dates, when were these taken? MR. FORD: The first one you saw was taken February 26th, 2018, when I got the case. I'll explain that. CHAIRMAN KAUFMAN: Okay. 3.1.a Packet Pg. 55 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 48 MR. FORD: And then the next five were taken two days ago on the 25th. MS. NICOLA: Where is that house located? Where is Cromwell Court? MR. FORD: That's in Bay Colony. MR. LEFEBVRE: Pelican Bay. MR. FORD: Yeah, Pelican Bay Colony. MS. NICOLA: Wow, I'm surprised the neighbors there would put up with that. How many calls have you gotten on that? CHAIRMAN KAUFMAN: Enough. MR. FORD: More than enough. I can't blame them. MR. LEFEBVRE: Any idea how long it's been in this condition? MR. FORD: I have a rough idea that -- well, the original permit, from what I could tell, was abandoned by the contractor presumably for nonpayment. So they were in the process of renovations, and they didn't get very far, it looks like, and the contractor pulled off the permit, so -- CHAIRMAN KAUFMAN: Who -- MR. FORD: -- Building Department notified us. CHAIRMAN KAUFMAN: Who owns the property? MR. FORD: SN SCP, LLC. And the respondent is a Neil Masters. CHAIRMAN KAUFMAN: So the property is owned by somebody. I'm not concerned with the contractor. Have you been in touch with the owner? MR. FORD: I have. CHAIRMAN KAUFMAN: And the owner says? MR. FORD: Well, I could explain that further on, but basically -- CHAIRMAN KAUFMAN: Take your -- whatever -- MR. FORD: I have been in contact with him. He wasn't sure what he was going to do, whether he was going to renovate the 3.1.a Packet Pg. 56 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 49 property or whatever. I informed him that I was going to prepare the case for the April 25th hearing. At zero hour he hired Honc Demolition to go and pull a demolition permit. Well, I'll take a shortcut here. So to date, I mean, that's what the letter is from Honc. They haven't been paid. There's civil litigation involved with this respondent, and they require payment up front before they do anything. I mean, they won't even put a barrier around. They're not putting dollar one in until they get a payment. It's looking like he's just not paying the bills, and he's not here. I spoke with his secretary yesterday and offered a possible stip or have him at least come here and explain why it's been this way. Again, we're not expecting he's going to move on this. So we're kind of looking at this from a public-safety standpoint, and we've got to secure this location. CHAIRMAN KAUFMAN: Location. MR. FORD: There's a pool there and, obviously, with the hurricane and damage and downed trees, we need to secure the property, number one, and then maybe further on down the road -- CHAIRMAN KAUFMAN: Is that pool and one of the -- I saw a pool there. What's in the pool? MR. FORD: Stagnant water. CHAIRMAN KAUFMAN: Stagnant water. And -- MR. FORD: No barrier. CHAIRMAN KAUFMAN: -- it's not fenced? MR. FORD: There's no barrier. CHAIRMAN KAUFMAN: Okay. Without going any further, we get a motion whether this is a violation or not? MR. DOINO: Make a motion -- MR. LEFEBVRE: Make a motion. Second. MR. ORTEGA: (Raises hand.) 3.1.a Packet Pg. 57 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 50 MR. DOINO: -- that a violation exists. CHAIRMAN KAUFMAN: Okay. We have a motion. We have a second. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: Aye. MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Herminio? MR. ORTEGA: I believe Mr. Ford has answered the question about the life-safety issue. CHAIRMAN KAUFMAN: Yes. You have a discussion for us? MR. FORD: I have a couple. MS. CURLEY: I have one question, Danny. What's the date? CHAIRMAN KAUFMAN: You're not on the list here. MS. CURLEY: What's the -- CHAIRMAN KAUFMAN: You're not on the list here, Sue. Now you're on the list. Susan? I'll teach you yet. MS. CURLEY: What's the date on the letter that you just removed from the screen? MR. BLANCO: The email was sent to Supervisor Eric Short on September 14th, 2018. MR. FORD: Am I on? CHAIRMAN KAUFMAN: You're on. MR. FORD: Recommendation: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount 3.1.a Packet Pg. 58 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 51 of $59.98 incurred in the prosecution of this case within 30 days and abate all violations by: One, must obtain any required Collier County permits, inspections, and certificate of completion and install a temporary barrier no less than six feet in height around the entire property to block off all access to the property locked and secured for site safety until such time that the demolition of the pool and structure begins within blank days of this hearing, or a fine of blank will be imposed for each day that the site remains unsecure. Two, obtain all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy within blank days of this hearing, or fine of blank per day will be imposed until the violation is abated. Three, 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 Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. We have a couple of people who want to speak. I just want to make one comment. On pools that are not protected, those are safety and health, as, I mean, Herminio's going to say in two minutes, and our time frame on that should be really short. MR. FORD: Absolutely. We're requesting ASAP. CHAIRMAN KAUFMAN: Okay. I just wanted to make that comment. Herminio, you're first. MR. ORTEGA: I'm not sure if we could impose a 6-foot-height fence if the minimum for safety is four feet. I just wanted to make that 3.1.a Packet Pg. 59 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 52 comment. With regards to time frame, shorter is better. But what is legal? Those are my thoughts. CHAIRMAN KAUFMAN: Okay. We can also do a -- they can put a temporary fence up immediately and then a permanent fence thereafter, but it's -- MR. ORTEGA: Right. CHAIRMAN KAUFMAN: -- important that it gets taken care of right away. Okay. Mr. Lefebvre? MR. LEFEBVRE: For a barrier or for a fence, does a permit -- for something like this, does a permit have to be pulled? MR. FORD: We just -- not -- honestly, I'm not absolutely certain on that for a temporary barrier or whatever. So we put the wording, "any required Collier County building" -- MR. LETOURNEAU: What we would do is go by the discretion of the building official, and if he was okay with the temporary barrier, that would be in compliance for that part of the order right there. We could probably put the language of, you know, building official approval in there and take out the six feet, or whatever you wanted to do at this point. MR. LEFEBVRE: What is the process now that -- permit expired with a contractor. If he wants to reissue that permit with a different contractor, what's the process to do that? How long would that take is what I'm trying to get at. To put up a barrier, I asked how long is the permit. Because if we say seven days but a permit takes two weeks to get, that's not really fair to impose a fine upon an owner. So that's why I'm trying to get a clarification of how long -- does a permit -- is it needed to put up a fence? The demo you probably need a permit, right, a fence barrier? 3.1.a Packet Pg. 60 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 53 CHAIRMAN KAUFMAN: In the past we have required the respondent to put up a temporary fence -- we generally meet on Thursdays -- by Monday. So no permit, but we need a fence up there. That's what's important. So, Sue, you're next. Oh, are you done, Mr. Lefebvre? MR. LEFEBVRE: One more question. What's the maximum that we can impose for a fine? CHAIRMAN KAUFMAN: We can impose $1,000 a day unless it's a repeat violation; then it can 5,000 a day. MR. LEFEBVRE: Is that correct? MS. NICOLA: That's correct. CHAIRMAN KAUFMAN: Yes. MR. LEFEBVRE: Okay. Thank you. CHAIRMAN KAUFMAN: Sue? MR. LEFEBVRE: I'm done. MS. CURLEY: Is this in foreclosure? MR. FORD: No, it's not, but there is civil litigation -- from what I gather, the respondent, an overseas investor, is in civil litigation. Something to do with the property. CHAIRMAN KAUFMAN: Okay. Herminio? MR. ORTEGA: Putting a life-safety fence, a 4-foot orange type fence does not require a permit. MR. LEFEBVRE: Okay. Thank you. MR. ORTEGA: I would go along with the fact it passes this through the chief building official. The regular fence, a 6-foot fence or otherwise, that's going to require a permit. MR. LEFEBVRE: Even if it's -- MR. ORTEGA: For construction purposes it will. MR. LEFEBVRE: Okay. So it would be -- you'd pull a permit for construction, and part of the permit for construction would be a 3.1.a Packet Pg. 61 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 54 fence? MR. ORTEGA: Correct. MR. LEFEBVRE: Correct? Okay. CHAIRMAN KAUFMAN: We have two items here, if I may. Number one, protect kids from falling in the pool with a temporary fence around the pool. As far as the property is concerned, that's another fence. I mean, if you can put the fence around the entire property initially, which probably won't happen quickly enough for us, that's a different story. So something has to go around the pool immediately. Yes, Jeff. MR. LETOURNEAU: We highly doubt that the owner's going to put a fence up, honestly. The county is going to do something at one point. So we would suggest a short period of time for -- at least for the fence part, because the county has to get bids, and it's going to take us time to get the fence up also. So we would highly recommend a minimal time on getting the fence up, you know, and then give them plenty of time for the demolition permit. CHAIRMAN KAUFMAN: Okay. Sue, did you have a question? MS. CURLEY: I was sort of along the lines of Jeff, that this -- we can't really wait for this person to do it, so -- CHAIRMAN KAUFMAN: I agree. MS. CURLEY: -- we need to ask for the county's assistance. CHAIRMAN KAUFMAN: Gerald? MS. CURLEY: Only because you also have overgrown weeds, and we have Bay Colony. Because this man's not going to get permission from the homeowners association to put up any fence that's going to be, you know, happy. MR. FORD: It's my understanding that with the old permit for the renovations there was a fence up around the entire site, but when 3.1.a Packet Pg. 62 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 55 the contractor pulled out, so went the fence. MS. CURLEY: Well, shouldn't the county also be mowing and stuff now if you know that it's -- MR. LETOURNEAU: What are (sic) the weed situation like? MR. FORD: It's pretty bad. MR. LETOURNEAU: Yeah, I mean -- yeah, we'll address that also but, you know, we're worried about the pool at this part more than anything. CHAIRMAN KAUFMAN: Correct. MR. FORD: Not to mention the structure. It's -- MR. LETOURNEAU: Right, exactly. We don't know how stable everything is right there. CHAIRMAN KAUFMAN: Mr. Lefebvre? MR. LEFEBVRE: Civil litigation doesn't absolve you of maintaining your problem, number one. Number two, as this is written, I think we're going to have to separate out No. 1 to make it that there's a fence, a barrier, or something acceptable by the county, and give that a very short period of time, and then obtain required building permits would be a longer period of time. So I think that needs to be separated out. So there probably is going to have to be three, four -- four separate items, paragraphs, because you can't lump number one, the fence, and -- MR. FORD: Right, that would be, obviously, a shorter time. MR. LEFEBVRE: Right. So that's my -- MR. FORD: Because, I mean -- yeah. CHAIRMAN KAUFMAN: Herminio? MR. ORTEGA: We're using the term "renovation." This is a substantial improvement. It's like building a new house, if that's going to be the direction. MR. FORD: The prior permit was for renovations, interior and exterior. The second one did not -- demolition, because to him, I 3.1.a Packet Pg. 63 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 56 guess, that was the easier fix to avoid the hearing back in April. So he pulled -- he hires Honc, they pull the permit. Doesn't pay the bill. So there it sits. So we just want to try and -- I mean, we were trying to give the guy the benefit of the doubt, and it's just, at this point -- CHAIRMAN KAUFMAN: This is in Bay Colony. The properties there are million-dollar properties. I'm sure that the county will be made whole for whatever work they do, or they won't get a building permit there. Mr. Lefebvre? MR. LEFEBVRE: It's irrelevant where this house is. It is imperative that something is put up not immediately but very close to immediately. It didn't matter where it is. A kid could still fall in if it's in the Estates. The neighborhood is irrelevant at this point, and it needs to be fixed, and we need to take -- the county needs to take a strong action to get this fixed. Again, litigation isn't part of what I care about, being on this board. CHAIRMAN KAUFMAN: Okay. Sue? MS. CURLEY: Would the county just demo it? MR. LETOURNEAU: I'm sure we'd look into the financial aspects of it. But we're looking more into getting a barrier up right now. I think it would be very taxpayer costly to demolition this property at this point. CHAIRMAN KAUFMAN: We have another speaker. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: For the record, Supervisor Eric Short with Collier County Code Enforcement. I just want to clarify. You, Ms. Curley, had asked a question about any foreclosure or anything. There was a private investor, so there is a lis pendens on the property. So any demolition efforts or 3.1.a Packet Pg. 64 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 57 anything, the county or the taxpayers would not recuperate that cost. If it comes to a time where we do need to do that, I'm sure we can. But in the meantime we want to put up a safety barrier around the property; secure the site. CHAIRMAN KAUFMAN: Let me see if I can make this somewhat simpler. Why don't we get a motion from the Board to put up a temporary barrier around the pool with a very short time frame, and then we'll go to the next step. So that will take care of the immediate need right away. Would someone like to take a shot at that? MR. LEFEBVRE: Let's do one motion. I think that would be -- correct? MS. NICOLA: I agree. I think it should be one motion. And this doesn't sound all that complicated to me. CHAIRMAN KAUFMAN: Okay. Do part one -- part one of the motion, anybody like to take a shot at that? MR. ORTEGA: I'll take a shot at it. CHAIRMAN KAUFMAN: Go ahead, Herminio. MR. ORTEGA: Operational costs to be paid within 30 days, as listed, the barrier to be installed within seven working days of this hearing, and a fine of $250 a day will be imposed from this day forward. MR. DOINO: Second that. CHAIRMAN KAUFMAN: Do you want to -- hold on one second. The barrier that you said, it can be a temporary barrier. MR. ORTEGA: Temporary barrier, correct. CHAIRMAN KAUFMAN: Okay. That's your motion? MR. ORTEGA: That's my motion. CHAIRMAN KAUFMAN: Okay. That's just part one of what we're doing. MR. ORTEGA: Correct. 3.1.a Packet Pg. 65 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 58 CHAIRMAN KAUFMAN: And we have somebody who is going to second that portion of it. Mr. Lefebvre? MR. LEFEBVRE: Well, again, I think it should be all one motion because -- CHAIRMAN KAUFMAN: We are going to make it one motion. This is just -- where it says one up there, that's one. Now let's go to two. MR. LEFEBVRE: Well, hold on. I still have -- MR. WHITE: We're going to have two parts. CHAIRMAN KAUFMAN: Or three or four. MR. LEFEBVRE: I still have a comment. This is the most important issue is health and safety, and we're not really putting that much of an importance on it at $250. If the maximum we can fine is $1,000, I think it's shown by the respondent, his lack of concern, or trying to circumvent and slow up the process by hiring a contractor demo, not paying him, holding -- holding off in April. So he's been aware of this for months, and he's neglected to do any -- to take care of the problem, so I think $250 a day is far in -- CHAIRMAN KAUFMAN: So do you want to suggest to the motion maker that he increase the fine? MR. LEFEBVRE: I think it should be 500-plus to make him aware. The other question I have, has the private finance person been contacted at all? MR. FORD: I believe they're overseas. MR. LEFEBVRE: But, I mean, if there's any way to contact them and say, hey, listen, there's monies that are going to be against your property -- CHAIRMAN KAUFMAN: That becomes their problem, not our problem. MR. LEFEBVRE: Well, I'm just saying, it might be able to -- 3.1.a Packet Pg. 66 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 59 CHAIRMAN KAUFMAN: Let me go back to the motion maker. Are you willing to increase the fine that -- MR. ORTEGA: I am will willing to increase the fine. CHAIRMAN KAUFMAN: To? MR. ORTEGA: To $750 a day. CHAIRMAN KAUFMAN: Okay. And your -- MR. DOINO: I second that. CHAIRMAN KAUFMAN: You second that portion of it. MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Now we go to the second thing. The second thing, I'm assuming, would be we need to take care of a fence around the whole place. MR. LEFEBVRE: No. CHAIRMAN KAUFMAN: Around the whole place, the whole property. MS. CURLEY: That's part of the demolition permit. MR. LETOURNEAU: Oh, that's true. You have to keep the pool. CHAIRMAN KAUFMAN: No, you can put the fence up before you demo it. MR. LETOURNEAU: Right. MR. LEFEBVRE: Let's be clear on the motion, first motion. Where is the fence going to be? Is it over just the pool, or is it the whole -- is the health-and-safety issue the property? MR. FORD: My recommendation was the property due to the obvious appearance of the structure itself. MR. LEFEBVRE: Okay. Let's clarify that because -- MR. FORD: Because, I mean, you saw broken concrete, downed trees, you know. MR. LETOURNEAU: It does say block off access -- all access to the property, and, yeah -- 3.1.a Packet Pg. 67 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 60 MR. LEFEBVRE: Thank you. CHAIRMAN KAUFMAN: Okay. So that part one, instead of just being around the pool, is around the whole property; is that correct, motion maker? MR. ORTEGA: Yes, it is. CHAIRMAN KAUFMAN: Okay. MS. NICOLA: I have a question. I'm looking at the recommendation. It says, "locked and secured for site safety." I don't know how you do that if you're putting up a temporary fence or if you're putting up that orange fencing. How do you lock and secure it? MR. ORTEGA: You don't. MS. NICOLA: Right. I mean, just legally speaking here, I think that maybe we might want to amend this a little bit. If Herminio is saying four feet, we put in four feet, and we take out lock and secured, and maybe we just leave it as around the entire property to block off all access to the property. I just want to make sure it's clear. You know, you guys right now know that this is in litigation, which means you're going to be dealing with lawyers at some point, and they see that, and they're going to say, well, this is an impossible thing to perform. And when you get into impossibility of performance, that gives them an out. We don't want to give them an out if we can. MR. LETOURNEAU: I have a suggestion just to take out "must obtain" -- let me think about this. Must obtain all -- the building official approval for a temporary barrier around the entire property. So once -- I mean, that's the guy that makes the decision on whether or not this is an adequate fence or not. So take out all the other stuff, I mean, and then leave in "block off all access to the property." MR. ORTEGA: Then Collier County's taking responsibility is what you're saying? MR. LETOURNEAU: Well, we're going to. I highly doubt this 3.1.a Packet Pg. 68 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 61 gentleman's going to take care of this situation, and even if he did, he'd still need the building official's approval on a temporary barrier for a safety issue like this. We're not just going to say throw up an orange fence on something like this and it's going to be okay at this point. MR. ORTEGA: That's why I suggested the 4-foot in a two-part motion. MR. LETOURNEAU: Well, I mean, if we just go with the building official's approval, then we can just cover the whole area right there, and he's the man that, you know, makes the decision on fences. MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. Mr. Lefebvre? MR. LEFEBVRE: Can this be done -- how quickly can you get a -- the building official to say, yes, this is the fence you need to put up? MR. LETOURNEAU: We're going to -- we're going to get a -- take bids, and part of the bids is going to -- you're going to need to work with the building official to, you know, figure out what type of fence you're going to put up there. So it's going to be quick. It's going to be very quick. The bidding process is going to be the lengthy part of it. MR. LEFEBVRE: I'm not talking about the bidding -- you've got to give him an opportunity to get the fence installed. MR. LETOURNEAU: Right. MR. LEFEBVRE: And what I'm trying to get at is, if he comes in tomorrow and says, hey, I want to conform -- I want to take care of this, part one of this -- MR. LETOURNEAU: Okay. MR. LEFEBVRE: -- because I have seven days, and he walks in goes, well, there's not a determination made by the building official. What I'm trying to get at is, he doesn't know what to put up. MR. LETOURNEAU: I'll personally walk him down there. It will take half an hour, and we'll hash it out. I mean, it's not going to be 3.1.a Packet Pg. 69 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 62 anything difficult. MR. LEFEBVRE: Right. MR. LETOURNEAU: He's going to give him options, and he's going to have to take whatever one he chooses. MR. LEFEBVRE: But is there any way that you can give this case to the building official and say, tell me what kind of fence needs to be made, so when the guy comes in -- MR. LETOURNEAU: Certainly. MR. LEFEBVRE: Okay. MR. LETOURNEAU: Yeah. We can have that already ready. CHAIRMAN KAUFMAN: Okay. So the language that you wanted to add -- MR. LETOURNEAU: Let's say "must obtain the Collier County building official approval for a temporary fence to block off access to the property," take out the "locked and secured for site safety" unless the building -- you know, that might be part of his, you know, recommendation. I don't know. But whatever the building official recommends, that's what we're going to use as compliance. CHAIRMAN KAUFMAN: Okay. I'm afraid of something happening, especially with the pool. That's what bothers me the most. The pool has water in it. Somebody -- now, how long has it been that way, is one question I have. A while? It doesn't make it any better, but it -- okay. Okay. As long as we can get this done right away. Sue? MS. CURLEY: So are we going to finish -- are we going to go on to No. 2 or -- MR. LEFEBVRE: We have to amend, I think, 1. MS. CURLEY: Well, my only input is, for when you design No. 2 is to make it as fast as possible so fines can start accruing so if, in fact, they try and transfer this property out of these investors' names, at 3.1.a Packet Pg. 70 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 63 least there will be fines on record so the next person that takes it is going to be aware that there's fines on record. So we don't want to give a whole lot of time on No. 2. I'd say, like, five days or seven days before fines start hitting it. So when they do do a lien search, they'll see that there's fines on it. CHAIRMAN KAUFMAN: Well, there's going to be fines start to accrue after seven days if the fence is not up. MS. CURLEY: That's my only input for whoever's going to design No. 2. MR. LETOURNEAU: I would say No. 2, you know, to be fair about it, it's going to take -- it's going to take a long time to get certificate of completion/occupancy, especially if the decision is to rebuild it. A demo permit, obviously, is going to -- a month. And the demo permit's already in place, correct? It's just -- MR. FORD: Yes, expires October 22nd. We're just trying to get ahead of the eventual -- CHAIRMAN KAUFMAN: Yeah. It's -- MR. LETOURNEAU: The hurry part is No. 1, and then No. 2, you know, we've got to be -- you know, up to the Board's discretion. CHAIRMAN KAUFMAN: I guess what we're trying to do is to get the owner's attention -- MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: -- one way or the other, because $750 a day adds up quickly. That's for the -- for seven days, that's correct. What happens after -- on the eighth day, what fine is going to be imposed from the eighth day until the end of time here? I know that's something we select. MR. LETOURNEAU: Well, I mean, the 750 would be imposed until the county got up the approved barrier, and then that would be in compliance of No. 1 right there. 3.1.a Packet Pg. 71 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 64 CHAIRMAN KAUFMAN: Correct. Now, the whole that's -- the rest of it, to do the demo. They have a permit which expires in October. MR. LETOURNEAU: Which is -- the company's not going to do the work because they're in litigation. CHAIRMAN KAUFMAN: Right. So we can see our nose in front of our face that we need to come up with some dollar amount that will be imposed if the structure is not demoed prior to or after October -- what's the date? MR. FORD: 22nd. CHAIRMAN KAUFMAN: 22nd. A fine of X amount of dollars will be imposed until this thing is done. MR. LETOURNEAU: That's a good way to do it, I believe. CHAIRMAN KAUFMAN: Okay. Anybody want to come up with a number there? MR. LEFEBVRE: Well, we have to clarify No. 1, because the motion and what we agreed upon, we voted on, was different than what, ultimately, Jeff, you stated. MR. LETOURNEAU: Okay. Must obtain a Collier County building official approval and install a temporary barrier around the entire property to block off all access to the property until such time that the demolition of the pool and structure begins within seven days of the hearing, or a fine of $750 a day will be imposed for each day the site remains unsecure. CHAIRMAN KAUFMAN: Okay. Let me stop you there. So the initial motion needs to be withdrawn, and we'll go with -- we'll put you on the Board here for this. So will you withdraw your initial motion in favor of -- MR. ORTEGA: Heavens, no. No, I have one thought -- MS. NICOLA: Can I make a suggestion? Because some of the comments you made, Jeff, before were that you wanted them to follow 3.1.a Packet Pg. 72 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 65 all the recommendations. So I would just suggest including language after "obtain building official's permission" and follow all recommendations of the building official regarding the fence, because there may be some suggestions with respect to the height and things like that, and we just want to make sure, I think, we cover everything. MR. LETOURNEAU: Sounds good. MR. ORTEGA: There is an issue here, though. If Collier County -- the chief building official says, let's put up a 6-foot fence, who does it? Because obviously a permit's going to have to be filed, a contractor's going to have to be hired, and that's going to take time. MR. LETOURNEAU: Well, I mean, I can't say who's going to do it. Whoever wins the bid is going to do it. MR. ORTEGA: Right, but that means it's going to take more than seven days to get something up there for life-safety issues. MR. LETOURNEAU: It's definitely going to take more than seven days. I'm not denying that. (Multiple speakers speaking.) MR. ORTEGA: Right. That's why I made that suggestion at least to put a red flag out there, because it's better than nothing. MR. LETOURNEAU: You talking about putting the -- MR. ORTEGA: Around the pool. MR. LETOURNEAU: The orange -- MR. ORTEGA: Yes. MR. LETOURNEAU: And you're going to have to break up something else and, you know, make it, like -- put a -- CHAIRMAN KAUFMAN: I said. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: Go back to the first part. Put something around the pool immediately, then you can talk about the rest of it. MR. ORTEGA: Exactly. 3.1.a Packet Pg. 73 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 66 CHAIRMAN KAUFMAN: I realize it's been that way for a long time. MR. LETOURNEAU: Right. CHAIRMAN KAUFMAN: And thank goodness nobody's fallen in there. But that's the most likely place that you're going to have a problem with somebody being killed or injured; it's in the pool. The rest of the property, probably less risky. So let's take care of the biggest risk initially, and that shouldn't be a costly item to put up one of the red temporary fences around the pool. Then we talk about what comes next. Do you agree with me, Jeff? MR. LETOURNEAU: I do. Take a shot at it. CHAIRMAN KAUFMAN: Do you agree with me, Herminio? MR. ORTEGA: I do. CHAIRMAN KAUFMAN: Okay. So we've got two people; you and me, and Kathy, and I'm sure Ron and Ryan. So we agree to that. They've got to put up a temporary fence around the pool immediately; seven days. And if they don't do it in seven days, it's $750 -- we can put this in writing, $750 for every day thereafter, okay. In addition to that, the wording that you used would be part of the same motion. MR. LETOURNEAU: For a fence around the entire property? CHAIRMAN KAUFMAN: That's correct. MR. LETOURNEAU: Okay. CHAIRMAN KAUFMAN: We have that language -- MR. LETOURNEAU: You're using the same seven days for both fences, for both barriers? Because you said immediately -- CHAIRMAN KAUFMAN: Well, seven -- I would like to see the fence around the pool Monday, but that's -- let's not be impossible. MR. LETOURNEAU: I will say that when I get back to the office today, we're going to start looking into bids as soon as I get back 3.1.a Packet Pg. 74 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 67 there. So we're going to have it -- try to line it up as quickly as we can. CHAIRMAN KAUFMAN: Okay. And then as far as the next stage, the next stage is to fence the entire property, and then the third stage is the demo -- the stuff inside the fence. So you probably need three different dates and three different fines. MS. NICOLA: I'm trying to understand why you wouldn't just fence the whole property. I mean, this isn't, like, a five-acre lot. Why not just do the whole thing in No. 1, give them seven days, and be done with it? MR. WHITE: The whole site might take longer to fence than the seven days they could put up a primary fence up around the pool. MS. NICOLA: I mean, how big is this lot? Half -- quarter acre, something like that? MR. FORD: Approximately. CHAIRMAN KAUFMAN: You'd like to speak? I don't see your name on my -- MS. NICOLA: According to the sign, you're supposed to sign up, but... CHAIRMAN KAUFMAN: Okay. Mr. Ossorio, get sworn in. (The speaker was duly sworn and indicated in the affirmative.) MR. OSSORIO: For the record, Michael Ossorio, director of code. I don't know how we got shifted. This is pretty simple. There should be two orders. One is to secure the site, period. Not just the pool. I don't care about the pool. I care about the whole property. I care about the cinderblock, the concrete block. It's a construction site. It is very similar to what we did over in the hotel out in Port of the Islands. It's very simple. Seven days -- I would say 10 days to secure the site with a 6-foot fence around the entire property to make it secure, period. It doesn't require a building permit. The building official says life-safety issue. 3.1.a Packet Pg. 75 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 68 It's a temporary fence. Put the fence up. We'll get a permit later. It's not a big deal. Where there's many out there that they will get some permits for a temporary fence; they're not going to get a building permit for it because it's temporary. Because once they activate the demolition permit, they're going to take the fence down and they're going to start doing some thing. So my thought would be pretty simple: You have 10 days to secure the site with a 6-foot fence, or $750 a day will be imposed. Once that gets imposed, you have 60 days to demolition the building or reactivate a building permit to get a completion within six months. So it's very simple. I don't care about the pool. I want the whole site secure. I think your attorney probably has said it best. I don't want a barrier. I don't want a blue barrier. I don't want a green barrier. I want a 6-foot fence that's going to secure the site for -- because this could take a long time, and the county might have to go ahead and put a burden (sic) and put a demolition and get a demolition contractor in there to do some abatement if we need to, if it was a safety issue or concern if it's in our budget. So, basically, what I'm trying to -- CHAIRMAN KAUFMAN: Whoa, whoa, whoa, whoa. If it's in your budget? MR. OSSORIO: What I'm trying to say is that I want 10 days, if you could, to get a 6-foot fence to secure the site. After 10 days, it's $750 a day. After that you have 60 days to get a demolition permit to remove the site (sic) or get a building permit to activate and get a CO, whatever, within six months. MR. ORTEGA: I have a question on that one. CHAIRMAN KAUFMAN: Herminio? MR. ORTEGA: With regards to the 4-foot fence or the 6-foot 3.1.a Packet Pg. 76 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 69 fence or whatever fence -- MR. OSSORIO: I'm saying to you it's not going to be a 4-foot fence. If I'm going to secure the site, it's going to be a life-safety issues, it's going to be a 6-foot fence. And a 6-foot fence in a residential property you're allowed to have. And it's for life-safety issues. It's going to be a 6-foot fence. I'm just letting you know we're not going to go to the building official and say put a 4-foot fence so somebody can jump over top of it. It's going to be a 6-foot fence. MR. ORTEGA: Okay. With regards to time, then. MR. OSSORIO: I just mentioned to you, they have 10 days. MR. ORTEGA: Okay, no. The question is, if we're going to put a red plastic fence, whatever you want to call it, is that something that has to go out to bid as well? MR. OSSORIO: I'm not here to talk about a plastic fence. We're here to talk about life-safety issues -- is that within 10 days of this hearing, if we do not get a 6-foot fence on this property to secure it for a temporary barrier around this whole structure. It's not about the pool, the building itself, to secure it, the site, we're going to go ahead and go out to bid and do it. That's it. MR. ORTEGA: Okay. MR. OSSORIO: That's it. I don't think we've asked this board to go ahead and put a little tiny blue barrier fence or one of those -- what do you call those, orange things, whatever it might be, or -- MR. LETOURNEAU: Yeah, they're mesh. MR. OSSORIO: Mesh. I mean, that's not going to -- life safety. That doesn't do it for me or it doesn't do it with the building official to make it safe, especially where there's no building permit or expired permit. CHAIRMAN KAUFMAN: That's why Jeff said that he was going to ask the building official what they needed, what kind of fence. MR. OSSORIO: It's pretty simple. What's needed is just the 3.1.a Packet Pg. 77 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 70 Board make a decision about life safety and make sure they get a 6-foot fence around this. These homeowners have been suffering -- or not these homeowners. But the community's been suffering for six months, seven months. The pool's been there for a long time. The permit's been activated, reactivated. The contractors want to get paid. There's liens on the property because there's nonpayment, of course. That's not your concern. Your concern is life safety. They have 10 days to get an active building permit, to get it demoed, or 10 days to get a 6-foot fence around this property, or $750 a day will be imposed, and then after that they have 60 days to go ahead and reactivate the permit to get a CO; whatever you guys want to do for that. But we're here because the break -- the communication's broke down with the homeowner, the homeowner really doesn't want to get in compliance. Yes, there's a lis pendens on the property, but the county's basically saying that, in general terms, this is a life-safety issue, and we need to address it. So 4-foot fence is not going to do it. The building official is not going to argue with me about life safety, about a temporary barrier or temporary fence without a building permit. Let's get it up because what's going to happen is is that I'm sure we're going to be sitting with our management team and we're going to be going out to bid, and we're going to get a 6-foot with a locking mechanism on there to make it secure, and then we're going to look for the future about if there's life-safety issues, do we need to take it to the County Attorney to foreclosure on. So that's our options. So I would like to go ahead and get -- if we miss with -- the mesh and the thing and just go right for 10 days, 6-foot fence. It's your order. You can order it. And I would appreciate a 6-foot fence. I don't want a 4-foot fence, and I'm sure the building official's going to say, if it's going to be a long term -- this could be a long-term process -- 3.1.a Packet Pg. 78 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 71 4-foot fence is not going to be for me either as well as, so... CHAIRMAN KAUFMAN: I think that's what Jeff said, though, when he said it would be up to the building official what type of security fence. MR. OSSORIO: It's really up to this board to make that determination. The building official will go ahead and give you a 4-foot fence, 6-foot fence, 5-foot fence. But I'm telling you as the housing authority that a 6-foot fence is going to do it for me; 4-foot is not going to do it for me. And I don't care about a building permit. It's temporary. You can put it up. They -- contractors put temporary barriers up all the time when they're doing demolition work to make it secure. It doesn't mean they get a building permit. It comes down. It's temporary. And we've secured many properties through this order of the Board through a 6-foot fence, just like we did over in Isle of Capri. We didn't get a building permit for that. That's a huge fence, a 6-foot fence around that property. It's temporary. MR. LETOURNEAU: Also that steel structure on Davis Boulevard, too. MR. OSSORIO: Exactly right. So let's -- hopefully we can get this moving, and Jeff probably can dispense with it pretty quick. But 10 days, 750, 6-foot fence. If not, the county will do it. CHAIRMAN KAUFMAN: Thank you for your comments. Mr. Lefebvre? MR. LEFEBVRE: I think we beat this horse to death a few times. I think seven days is more appropriate. CHAIRMAN KAUFMAN: Okay. You want to make the motion? MR. LEFEBVRE: Well, no. There's a motion that we -- CHAIRMAN KAUFMAN: I said -- I asked before -- MR. ORTEGA: Allow me to revise the motion in light of the 3.1.a Packet Pg. 79 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 72 new information. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: How's that one? CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: Let's do 6-foot fence -- CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: -- within seven days -- CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: -- $750 a day -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- perfect. CHAIRMAN KAUFMAN: Continue. MR. ORTEGA: First or second? CHAIRMAN KAUFMAN: And that fence goes around the entire property? MR. ORTEGA: And the fence shall be installed around the perimeter of the property, correct. CHAIRMAN KAUFMAN: Okay. After -- MR. ORTEGA: With a lock and key. CHAIRMAN KAUFMAN: Okay. MS. NICOLA: So we're adding back the "locked and secured for site safety"? MR. ORTEGA: Yes. MS. NICOLA: Maybe we're just leaving No. 1 the way it was written. After all this, we're going to go right back to No. 1 as written by our official over there and leaving it. MR. ORTEGA: Well, the purpose for all this was to overcome the time element so that we don't go through the typical processes that's going to take one month before we get a fence out there. That's why I suggested the fence -- that fence in the first place. But if we can override that through other means and get a -- as 3.1.a Packet Pg. 80 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 73 was stated here earlier, a 6-foot fence without having to go through all the processes, rather immediately, then that's the way to go. CHAIRMAN KAUFMAN: Okay. So now they have seven days to put up a 6-foot fence around the perimeter of the property, or there will be $750 fine. The next timing on this is the existing demo permit that expires. They either have to re-up that permit or take the building down within some period of time, or an additional fine. So do you want to -- MR. ORTEGA: I'd love to. So with regards to demolition, I would say within 60 days, and I still maintain the $750 a day. CHAIRMAN KAUFMAN: Sixty days may be a little short. I think -- MR. ORTEGA: Pursuant to the -- on the eighth day. CHAIRMAN KAUFMAN: I think he said six months. No, I believe he said -- MR. ORTEGA: Demolition. MR. LETOURNEAU: -- 60 days for the demolition and six months if they want to rebuild it. MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. I'm okay with that. Do we have a second that's okay with that? MS. ELROD: Second. CHAIRMAN KAUFMAN: Go ahead. MR. LEFEBVRE: I was just going to say, why don't we just make a motion at the end and just approve everything, but -- CHAIRMAN KAUFMAN: Okay. That's what -- I thought we are at the end. MS. NICOLA: I thought that was everything. Is there more? MR. LETOURNEAU: I don't know if you mentioned the option of getting a building permit and restoring the structure to a building. MR. ORTEGA: I didn't on purpose. 3.1.a Packet Pg. 81 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 74 MR. LETOURNEAU: Oh, okay. All right. MR. WHITE: If we just say they have to demo it, if he wants to rebuild it, he's going to have to come back here and talk to us or -- MR. LETOURNEAU: Yeah. I mean, if he doesn't follow through with the order you give him as far as getting the demo, he'd definitely have to -- if he wanted to rebuild it, then he'd have to come back before the Board and ask for a change to the order or -- MS. NICOLA: Well, that way that it's written right now it says, building permit or demolition permit. What I understood the Board to be doing is to separate out those two things as an "or," get the demolition permit within -- completed within 60 days, or have a Collier County building permit issued and certificate of occupancy completion within six months. So I think that that makes sense. If we write it up that way where the demolition permit expires, then they still have four months to complete it, to complete the property to have a certificate of occupancy which, in all honesty, I don't think they're going to do either. It doesn't sound like it. Either way we write it, it's not going to happen. MR. FORD: What about a permit issued within 60 days for both? Just issued? Because if they're going to rebuild, they're going to have to do it within six months anyway. That's the permitting process. MS. NICOLA: Well, we've already got an existing permit, though. I think that was the reason why the Board was saying let's figure out if they're going to complete that. And the way that we always write up these orders, they say obtain the required Collier County building permit and certificate of completion/occupancy. So the question is, do we want to just make it all one thing, leave it as is, or do we want to make it two separate issues? I mean, in all honesty, I don't think it really matters because -- MR. LETOURNEAU: Right. I think the county -- the county would be comfortable with leaving it as it is, 60 days, whatever fine 3.1.a Packet Pg. 82 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 75 you want to put on there. If the gentleman, you know, gets motivated, he can come back in here and ask for more time if he wants to rebuild it. I would leave it at 60 days for the permit and the demolition permit, making it nice and neat at that point. CHAIRMAN KAUFMAN: That's fine by me. Is it fine by you, Herminio? MR. ORTEGA: It is. CHAIRMAN KAUFMAN: And for the second, are you fine with that? MR. WHITE: Yep. CHAIRMAN KAUFMAN: We have a motion that everybody's fine with. We can vote on it. All those in favor? MS. ELROD: Aye. MR. ORTEGA: Aye. MR. DOINO: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MS. CURLEY: (No verbal response.) MR. WHITE: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. BLANCO: Mr. Chairman, if I may, just for clarification, so I have the first item on the order is going to be 6-foot fence within seven days, $750 a day, around the whole perimeter of the property locked and secure, correct? CHAIRMAN KAUFMAN: That's correct. MR. BLANCO: Item 2, it's 60 days to get a demo permit or building permit with CO within 60 days or $750 per day? CHAIRMAN KAUFMAN: That's correct. MR. BLANCO: Okay. Thank you. 3.1.a Packet Pg. 83 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 76 CHAIRMAN KAUFMAN: And operational costs. MR. BLANCO: And operational costs -- CHAIRMAN KAUFMAN: 59.98. MR. BLANCO: -- within 30 days. CHAIRMAN KAUFMAN: After 30 days, yes. We could have been out of here at 9:30. Okay. MS. NICOLA: Every time we have a few hearings it takes longer. I don't know why. I'm trying to figure that out. We have 20, and we're out of here at 10:30. We have nine, we're 11, 12 o'clock. CHAIRMAN KAUFMAN: Okay. So we're done with this? MR. FORD: Till next time. CHAIRMAN KAUFMAN: Okay. Hopefully it will be a motivational tool for the attorneys or the respondent to do something. Danny, you're up. MR. BLANCO: Next item on the agenda, it's Roman Numeral 8 -- I'm sorry -- Roman Numeral 9, report. I believe some of the Board members have some suggestions about the Code Enforcement Board rules and regulations. CHAIRMAN KAUFMAN: I had a couple of questions. Section 5A, members shall notify the Chairman and secretary to the Board and/or designee if they cannot attend the meeting. I'd like to change the "and" to an "or." They can notify the Chairman or the secretary. I think that makes it clearer. Let us know who's coming, who's not coming. That was one portion I wanted to put in. We can discuss at the next meeting. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: On Article 7, Page 4, it's always been my understanding that we send out a notification by certified mail without the return receipt requested. Is that a change now? Because it's in the rules here. MR. BLANCO: The notice of hearing gets sent regular email and 3.1.a Packet Pg. 84 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 77 certified. So if the respondent gets the certified package, then we do have the return receipt. So that was added. CHAIRMAN KAUFMAN: Okay. So that was added, return receipt? MR. BLANCO: Yes. CHAIRMAN KAUFMAN: I just wanted to note that so when we go over it. MS. NICOLA: I have that in my version, which was revised 4/24/14. So that return receipt requested was in the code rules and regulations as of then. So was something changed for this year? Because it's in my copy from then, from four years ago. MR. BLANCO: No. Well, we're still doing it like that. We still send the regular mail and certified. MS. NICOLA: Okay. Because, I mean, the return receipt language was in there from four years ago, so I don't see it as a change. CHAIRMAN KAUFMAN: You can send certified without a return receipt. You can send certified with a return receipt. That was the question that I have. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: Because I thought in the past, once you sent it out certified, whether you received that thing that they sign for or not, that was good for notification purposes. MR. BLANCO: Okay. CHAIRMAN KAUFMAN: This now -- or I guess in '14 says, not only do you send it out certified, but you should have a copy of the receipt that should be part of the package going forward. MS. NICOLA: No. That's not what it says. It says that you can notify them by either certified mail return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any other manner authorized as provided by the ordinance establishing the Code Enforcement Board. 3.1.a Packet Pg. 85 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 78 So the fact that we're doing it more than one way is better, whether you use return receipt or not. We're posting, too, right? MR. BLANCO: Yeah. We're mailing the notice regular mail and certified, and then we're posting the property and the courthouse. MS. NICOLA: Right. CHAIRMAN KAUFMAN: When you send something out certified, do you get a receipt for it? MR. BLANCO: Sometimes. Depends if they sign for it. CHAIRMAN KAUFMAN: That's my point. Do they -- do we have to have that back, or is the other notification good enough? MR. BLANCO: No. We -- MS. NICOLA: The notification is good enough, according to Section 3. We only have to do it one way. Danny's telling you he's doing it all four ways. So they're getting noticed four different ways, and the rule requires them only to do it one way. They could post it at the courthouse, according to our rules, and it's sufficient notice. MR. LETOURNEAU: We always post just in case that we don't get a green card back we still have sufficient notice at that point. CHAIRMAN KAUFMAN: Because we have had in the past several people say "I didn't get it." Once you have the green card back and it shows you signed for it, we know you have it. MR. BLANCO: Right. MR. LETOURNEAU: I mean, plus we're posting the property. So, you know, I mean, obviously they're not looking at their property then. CHAIRMAN KAUFMAN: That's possible. Okay. Well, we can discuss this at that time. Under -- on Page 6 under hearings, Letter 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. This is the old "may" or "must," you know, "shall" or "must" or 3.1.a Packet Pg. 86 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 79 whatever. That was a question I have. We can talk about that. We don't have to do it today. Because then it says, "The individual must also testify at the hearing under oath." So, again, "may" and "must." MR. BLANCO: I think -- and I don't know if your attorney -- we do feel more comfortable if -- it's an LLC or it's an individual and that person's representing someone else and -- you know, we do feel more comfortable if we have something in writing authorizing that individual to represent them, you know, at the proceedings. CHAIRMAN KAUFMAN: We generally ask that question, so they're under oath when they say yes. Once we have them under oath saying that they have the permission, then we should be good. MS. NICOLA: Well, and a lot of times we get an email or something that says I'm emailing you as representative so and so. I don't think that's really been a problem. I think it would be a problem if we start requiring people to have a notarized letter saying that they can be here, because a lot of these people come in, you know, they're scared and they don't know what's going on, and they just want to try to get their point across. And, clearly, they've been authorized to be here. So I think the way that we've been doing it has been working, and I think "may" is much better than "shall," because "shall" is going to cause a lot of problems. CHAIRMAN KAUFMAN: Okay. Under Letter M -- and maybe we've been doing this all along but don't realize it. It says, "Upon completion of all the evidence, each side may be permitted to make a brief closing argument." I know we've always asked, "Do you have anything else to say?" I guess that would be considered the closing argument. MS. NICOLA: I think so. I mean, if you want to go into formality, you could say, "Do you want to make a closing?" It just depends on how long you guys want to be here. You ask a lawyer to 3.1.a Packet Pg. 87 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 80 make a closing argument, and they're going to take you up on that for sure. CHAIRMAN KAUFMAN: Okay. On the top of Page 8 it answers the question that you asked earlier. Thousand dollars a day for each and 5,000 for -- there's that. As far as asking for a reduction or abatement, Article 10, the first line, it says, "Motion for reduction or abatement of fines may be in the form of a written request." So you don't have to be here to ask for it as long as you put it in writing. MR. BLANCO: Yeah. And we do get those once in a while where the respondent submits an email or they submit a letter that, for whatever reason, they won't be able to attend the hearing, and we do schedule that case under both as a motion for reduction for fines and then a motion for imposition of fines. Mr. Chairman, if I may go back to the first item that you brought up regarding the -- whether a board member's going to be absent, the reason why we changed that and we wanted to have both the Chairman and the secretary of the Board or designee was because there's paperwork and stuff that our office does for each board member prior to the hearing. So if we know in advance or even, you know, the afternoon before the hearing that, you know, a board member's going to be absent, you know, it takes some of the work -- it's less work for us, because that way, you know, we don't have to make as much copies, and then we get a better idea of who's going to be here or not. So I think that's why, speaking with my supervisor, Ms. Serrano, we decided that it was better to -- if the board members would notify both the Chairman and the secretary of the Board or designee, in this case myself. CHAIRMAN KAUFMAN: Okay. Those are the items that I had. I don't think I have any additional items on the rules. Unless somebody else does. 3.1.a Packet Pg. 88 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 81 (No response.) CHAIRMAN KAUFMAN: No. Are we almost done? MR. BLANCO: We don't have anymore remaining cases. CHAIRMAN KAUFMAN: Okay. We all have the dates for the hearings for 2019 also. MR. BLANCO: Yes. I believe I sent out the schedule for 2019. CHAIRMAN KAUFMAN: I think there's only one or maybe two cases (sic) that are going to be heard on a Friday, all the others are on Thursdays, and they're all here. MS. NICOLA: I'm sorry to tell you guys I'm not going to be able to attend any of them next year. It makes me sad. CHAIRMAN KAUFMAN: This is not your last one, is it? MS. NICOLA: No. I have a few more. You guys are stuck with me for a few more months. CHAIRMAN KAUFMAN: Okay. Well -- MR. BLANCO: Yeah, only have two hearings on Friday for next year. CHAIRMAN KAUFMAN: Right. And no meeting in December. MR. BLANCO: Correct. CHAIRMAN KAUFMAN: Okay. Anything else from anybody? (No response.) CHAIRMAN KAUFMAN: How did we do our first day of the button pushing here? MR. BLANCO: I think we did pretty good. I'll get feedback from Troy later. CHAIRMAN KAUFMAN: Did we do okay? MS. NICOLA: What is the reason for the button pushing thing? I mean, I don't have a button, so I'm happy about that. CHAIRMAN KAUFMAN: Then don't push it. MS. NICOLA: I'm not going to. I have a red button under here, 3.1.a Packet Pg. 89 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 82 but I'm not sure what that is. CHAIRMAN KAUFMAN: I think they did it for the commissioners, for the commissioners, who goes first and whatever. MS. NICOLA: Oh, okay. CHAIRMAN KAUFMAN: So they put a new little do-dad. Have you seen it? MS. NICOLA: No, I didn't see it. CHAIRMAN KAUFMAN: You can come up here for a field trip, and I'll show you how it works. MS. NICOLA: I'm intrigued. MR. BLANCO: Next item on the agenda, sir, it's just Roman Numeral 11. Our next meeting date, it's Friday, October 26th, 2018. CHAIRMAN KAUFMAN: Okay. And -- MR. BLANCO: That's all I have. CHAIRMAN KAUFMAN: And if you can get the orders done before Tuesday, that would be great for me. Okay. We're adjourned. ***** 3.1.a Packet Pg. 90 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) September 27, 2018 Page 83 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:10 a.m. CODE ENFORCEMENT BOARD ______________________________ ROBERT KAUFMAN, CHAIRMAN These minutes approved by the Board on ______________________, as presented __________ or as corrected __________. TRANSCRIPT PREPARED ON BEHALF OF U.S. LEGAL SUPPORT, INC., BY TERRI LEWIS, NOTARY PUBLIC/COURT REPORTER. 3.1.a Packet Pg. 91 Attachment: September 27, 2018 Minutes (7084 : September 27, 2018 Code Enforcement Board Minutes) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7058) DOC ID: 7058 Updated: 10/16/2018 8:49 AM by Danny Blanco Page 1 CESD20180005203 Deep Lake OPS LCC 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)(1)(e) and 10.02.06(B)(1)(a). Renovations of, but not limited to, window, exterior doors, air conditioning unit (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: 5.C.1 Packet Pg. 92 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. DEEP LAKE OPS LLC, Respondent(s) Case: CESD20180005203 TIME: NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34'112 VIOLATION: Building Permit LDC 10.02.06(8)(1Xa) and 10.02.06(BXlXe) LOCATION OF VIOLATION: 20201 State Road 29, Naples, FL SERVED: DEEP LAKE OPS LLC, Respondent Jeff Letourneau, 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON !\'ITH A DLSABILITY VI,IIO NEEDS ANY ACCOMMODATION ]N ORDERTO PARTICIPATE IN THIS PROCEEDING, YOUARE EM]TLED AI NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNry TACILJTIES MAMGEMENT DEPARTMENT LOCATED AT 33!1 EAST TAMIAMITF{AIL, MPLES FLOR]DA 34112 (239)774€800i ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE lN THE COUNry COMMISSIONERSOFFICE entsdimionto con las comLrnicaciones de €st6 6v6nlo. Por favor lraiga su popio lraducloi Av6trsman - rour od syon yo fet an angla. Nou pan gin ooun pou rd iradiksyon Siou pa pal6 angla ianPn vini av6k yon inlAPrAt Pou pal6 pou{u 5.C.1.a Packet Pg. 93 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIERCOUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs.DEPT CASE NO. CESD2O18OOO52O3 Deep Lake Ops LLC, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.72, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement offrcial hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: l. Violation of Ordinance(s): The Collier County Land Development Code 2004-41, as Amended, Sections 10.02.06 (BXlXe) and 10.02.06 (BXtXa). 2. Description of Violation: Renovations of but not limited to, window, 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-fue rated doors, French doors, all without first obtaining the required Collier County permits and approvals. 3. Location/address where violation exists: 20201 State Road 29, Naples FL, 34717. Folio 0098288000s. 4. Name and address of owner/person in charge of violation location: Deep Lake Ops LLC, R"/A, Wood, Buckel and Carmichael,2150 Goodlette-Frank Road, Sixth Floor, Naples FL,34102. 5. Date violation first observed: October l6th,2Ol4. 6. Date owner/person in charge given Notice of Violation: April 23'd, 2018. 7. Date on/by which violation to be corrected: May 23'd,2018. 8. Date of re-inspection: July 201&,2018. 9. Results of Re-inspection: Not in compliance. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 20ft day of July, 201 8 STATE OF FLORIDA COLTNTY OF COLLIER before this 20m day ofJuly, 2018, by JeffLetourneau (PrinVType/Stamp Commissioned Name ofNotary Public) Code Enforcement Investigator REV'l-2-15 Oanny Bbnco Comrni$ron{ Ffg845{5 Explres: APril 2i, 2020 Eonded thru Aaron Notarv 5.C.1.a Packet Pg. 94 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) Personally known __X_ or produced identification Type of identifi cation produced REV 1-2-15 5.C.1.a Packet Pg. 95 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) Case Number: CESD201 80005203 Date: April 23,2018 lnvestigator: Jeff Letourneau Phonei 239-252-2341 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Deep Lake Ops, LLC Registered Agent: Savatori, Wood & Buckel, P.L. 9132 Strada Place Fourth Floor Naples, FL 34108 Location: 20201 SR 29 Unincorporated Collier County Zoning Dist: A-ACSC/ST Property Legal Description: 7 51 30 PART OF SEl/4 DEEDED TO STATE FOR PRISON Folio:982880005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Submittal Requirements for Permits. Building or Land Alteration Permits. lmprovement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1Xe) Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41 , as amended, Section 10.02.06(BX1Xa) lmprovement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of thjs Code, and no building or land alteration permit shall be issued without written approvalthat plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - lnitial DESCRIPTION OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Renovations of, but not limited to, window, 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 interior doors, french doors, all without first obtaining the required Collier County permits and approvals. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building Permit(s), approvals, inspections, and Certificates of Completion/Ocupancy for all unpermitted renovations, or obtain a Collier County Demolition permit, all required inspections, and Certificate of Completion, and restore the property to it's originally permitted condjtion. ON OR BEFORE: 512312018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in flnes up to $500 and costs of prosecution. oR ActiveReports Eva uation. Capytigfi 2AA2-2A07 (c) Data Dynamics Ltd. Al Rights Reserved 5.C.1.a Packet Pg. 96 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) C ' L'^t tjoot0prtntffi Lt ^ 2? _ttr rthlt vlol'tior may trqsltr.ddllion l c6mpll,inc-o .nd app,ovar trom other dopart ngnb whlch may be requlrod undgr locar, Etato and ,edgrrlffj#ir,iirixl'ff";'#tritflljtrJi#I:gH";-sri*:ssir#[Sr*:t#i"";xl"f"##*i,HH:r#*r*:i, zfi:: :?t:':;*:13|':X'i"fiIJ;\,,""'av resurt in rines up to grooo per day per vioration, as rons as rhe vioration INOUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 F M: 239 252-2343 ActrveReports Evaluation. Copyrrght 2002_2007 (c) Data Dynamics, Ltd. A Rrghts Reserved signature EnEtriiiE-6iFEEfr ienl 5.C.1.a Packet Pg. 97 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) The Collier County Land Development Code 2OO4-4L, as Amended, Section 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approvalthat plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, strudure , 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 ju risdiction. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants ofEql_Sn 4_.!E_.0{ A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. ln the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 5.C.1.a Packet Pg. 98 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) lNsrR 5520028 0R 5483 DWIGHT E. BROCK, CLERK Doc@.70 $0.70 coNs $100.00 PG 3887 RECORDED 3/6/2OaA 3$1 PM OF THE CIRCUIT COURT, COLLIER COUNTY IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIALCIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION PAGES 2 FLORIDA DEEP LAKE OPS, LLC, A Florida limited liability company, Plaintiff, BLUE SPOON, LLC, a Florida limited liability company, BRIAN W. JONES, individually, MICHELLE A. JONES, individually, MICHAEL URBANIK, and KAREN URBANIK, Case No. 16-CA-1101 Defendants. The undersigned DWI certifies that he executed and filed a Certificate of 8 for property described herein and that no the time allowed for filing objections. Defendants, Blue Jones, Michael Urbanik, and Karen Urbanik's interest in the , Florida: (A) Commence at the % of Section 7, Township 51 South, Range 30 East and run South 00' 33'10' East 354.66 feet along the east of said southeasl /, lhence run South 89'26'50'West 351.67 feet, crossing State Road 29 and the Atlantic Coast Line Railroad right of way line to the POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED: conlinue thence South 89'26'50' West 800.00 feet; thence South 00'33'10 East 1089.00 feet; thence North 89'26'50" East 800.00 feet; thence North 00'33'10" West 1089.00 feet to the POINT OF BEGINNING; lying in and being a part ofthe east % ofthe southeast of Section 7, Township 51 Soulh, Range 30 East Commencing at the southeast corner of "Tract A" above described: thence North 00'33'10'West 255.00 feet to POINT OF BEGINNING OF TMCT B, HEREIN DESCRIBED; thence Norlh 89'26'50' East 260.36 feet to a point on the westerly right of way boundary line of the Atlantic Coast Line Railroad, said boundary line at this point lying on a curve north westerly and to the left and having a radius of 5645.65 feet and tangent al said point bearing North 04"30'49' Wesl, thence following said boundary line northwesterly along said curve to the left and through ALSO (B) L. HACI{LER Filcd ilt Cor:'':'t''?r Page 1 ol2 5.C.1.a Packet Pg. 99 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) *** oR 5483 PG 3888 *** was sold to: at 50 imrled. \obi lrtU C omlon! , a central angle of00"30'31'a distance of50.13 feet: thence South 89.26'50'West 256.68 feet, thence South 00'33'10' East 50.00 feet to POINT OF BEGINN|NG and The East % of the Southeast % of the Northeast % of the Northeast Z of Section 24, less the East 30 feet thereof and less the North 30 feet thereof reserved for road purposes, lying and being in Township 47 South, Range 27 East, Collier County, Florida UA ndop\gg, Florr d Conformed Copies;YAndrerry J. Wozniak, Esq. Kevin Mason, Esq. CaseyWeidenmlller, Esq. Michael Urbanik, Pro SeV I g e seru,.e o\1 3lt[ r E or tr! u 6 rne\l on 3lrlra N Page 2 ol2 b, .ao\ B '-.-i '1r. ... ._.\...' 5.C.1.a Packet Pg. 100 Attachment: CESD20180005203 DEEP LAKE OPS LLC (7058 : CESD20180005203 Deep Lake OPS LCC) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7060) DOC ID: 7060 Updated: 10/16/2018 8:55 AM by Danny Blanco Page 1 CEPM20180007088 Marten CASE NO: CEPM20180007088 OWNER: William E. Marten OFFICER: William Marchand VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-231(12)(c). Roof and Fascia damage. FOLIO NO: 82940040009 VIOLATION 3880 Skyway Dr. Naples, FL ADDRESS: 5.C.2 Packet Pg. 101 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS WLLIAM E MARTEN, Respondent(s) Case: CEPM20180007088 TIME: NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12 VIOLATION: Damaged Roof 22-231(12)(c) LOCATION OF VIOLATION: 3880 Skyway DR, Naples, FL SERVED: WILLIAM E MARTEN, Respondent Wlliam Marchand, 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 Code Enforcement Board at least five (5) business days prior io the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. O7-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone ]F YOU ARE A PERSON WTH A DSABIL]TY ffiO NEEDS ANY ACCOMMODATION IN ORDER IO PARTICIPATE IN TH]S PROCEEOING. YOU ARE ENTITLED, AT NO COST TO YOU TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUN-TY FACILITIES MANAGEMENT DEPARTMEM LOCATED AT 3301 EAST TAM IAMI TRAIL, MPLES FLOR OA 341 12 (239)Z4i8oo; ASSISTEO LISTENING OEVICES FoR THE HEARING IUPAIRED AR E AVAILABLE IN fHE COUNry COM MISSIONERS OFFICE enrendimiento con las comunlcaclones de 6si6 6vqlo. Por lavor t-diga s! propio raduclor. Av6tsman - Toul odsyon yo tdt an .ngld. Nou pan gin m@n pou fa lrsdiksyon Si ou pa pal6 anglE tanPn vini a!€k von inlaPral Pou Pal6 Pou4. 5.C.2.a Packet Pg. 102 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) COLLIERCOUNTY BOARD OF COTJNTY COMMISSIONERS, VS. Marten, William E., Respondent(s) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Petitioner DEPT CASE NO. CEPM2O18OOO7O88 STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: L Violation of Collier County Code of Laws and ordinances, Chapter 22, Article VI, Section 22- 23 l(12)(c). 2. Description of Violation: I observed roof and fascia damage. 3. Location/address where violation exists: 3880 Skyway Dr. Naples, FL 34112, Folio #82940040009 4. Name and address of owner/person in charge of violation location: Marten, William E. 3880 Skyway Dr. Naples, FL 34112 5. Date violation first observed: May 10m,2018 6. Date owner/person in charge given Notice of Violation: September 4|e,2Ol8 7. Date on/by which violation to be corrected: September 24ft,2018 8. Date of re-inspection: September 25tr, 2018 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COLINTY OF COLLIER Based upon the foregoing, the undersigned code enforcement offrcial hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 25th day of September, 2018 STATE OF FLOzuDA COUNTY OF COLLIER Sworn subscribedb.fb..,l,ir'fJi, of-Sepleubel,2018 uv W; ll t am ,V\Af ghAnfl. (PrinVType/Stamp Commissioned Name of Notary Public) of Nolary Public) Personally known Y or produced identification fd*Y.:3% JosEPH[flrcHA."ffir:rjiffi}ftffififfi Code Enforcement Investigator REV 1-2-15 Type of identification produced 5.C.2.a Packet Pg. 103 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) t""" *'#;l.""t0?*10: ?#:@ Investigator: WIliam Marchand Phone: 239.252-2397 Page 1 of 2 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARTEN, WLLIAM E 3880 SKYWAY DR NAPLES, FL 34,I12 Location: 3880 Skway DR Unincorporated Collier County Zoning Dist; RSF-4 Property Legal Descrlption: VvlNG SOUTH INC A CONDOMINIUII LOT 1 82940040009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article Vl Property lvlaintenance Code , Section 22-231(12Xc) 12. Eliterior and interior structures of dwelling units. Allthe following componentofa 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 cause dampness in the wall or interior portion of the building. Violation Status - lnitial DESCRIPTTON OF CONDTTTONS CONSTTTUTTNG THE VIOLATtON(S). Did Witness: I observed roof and fascia damage. ORDER TO CORRECT VIOLATION(S}: You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building Permit(s)and request all inspections through Certificate of Completion/Occupancy for roof repair. ON OR BEFORE: September 24,2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in Unes up to 9500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 FAX: 239 252-2343 @ Folio: SERVED BY: vestigator Sighatur'e Case Number: CEPM201 80007088 5.C.2.a Packet Pg. 104 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) AFFIDAVIT OF MAILING Respondent(s): MARTEN, WILLIAM E THE DESCRTPTTON OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Noti." of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I William Shanahan, Code Enforcement Official, hereby swear and affirm that a referenced above, has been sent First Class U.S. Mailto the above respondent STATE OF FLORIDA COUNry OF COLLIER Sworn to (or affirmed) and subscribed before me this Sth day of Spetember, 2018, by \Mlliam Shanahan (Print, type or stamp Commissioned Name of Notary Public) X Personally known _Produced identifi cation Type of identification produced Code Case Number: cEpM2oiB0oo7o88 ?E1B Et6ll UEIIE Il?1e 135? (1 rn! =No 7 j-L €HEEIU iT1 - rfl \,1i^az.o--,^P==3 tsTEHlJt-lZu3X=i:o-= =+Fs UJ trtrtrtr>otr! 66 4 2 E<88 rE6? BagE*Pos Fa till tr g a , l5 lolo t.?I & a E $ a o William Shanahan ,rt't Put. \SLlll0l'DtrafEs -Or'.r".4/^*-d;2' lrY @ilLsslotl * Gc 0e2676 LJ[E% EXPRES:AorI !o'202r 'tor-rtdt Baatdod T!ru Budgst NoErv Services 5,2018, at 9:17 a.m. !_o o€6i 5.C.2.a Packet Pg. 105 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) AFFIDAVIT OF POSTING Respondent(s): MARTEN, WLLIAM E T]IE DESCRIPTION OF THE DOCUMENT(S) POSTED: lcheck the appticabte document(s)] XNotice of Viotation _Notice of Hearing _Notice of Hearing/lmposition of Fines Code Case Number: CEpM2Ol @ 80007088 _Citation _Notice to Appear _Code Enforcement Board Evidence packet _Other: lwlliam Marchand, code Enforcement official, hereby swear and affirm that I have personally posted the abovedescribed document(s) for the above respondent(s) at 3880 skwav DR , on oglo4t2o18(Date), at 1:22pm (Time), and atthe _X_Collier County Courthouse _ lmmokalee Courthouse. STATE OF FLORIDA COUNry OF COLLIER i;:HTfr:"X', "T,i?T'l:fl06';': '" ,o 8,, William Marchand (Namfii$ffi;;ffi;sr"te;;"t) tl Personally known _Produced identification Type of identification produced (Print, type or stamp commissionedlEm-6 oi-- Notary Public) {i1:.1*t" JosEPHrt[iolA ;W:1flflEii,'i?I';:tr.',tdF!o(.' Eonded nnr Bu&etitobryServrq 5.C.2.a Packet Pg. 106 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) CODE OF LAWS AND ORDINANCES OF COLLIER COUNW, FLORIDA Chapter 22 BUILDINGS AND BUILDING REGULATIONS* ARTICLE VI. PROPERTY MAINTENANCE CODE* Sec. 22-23L Com plia nce with housi ng sta nda rds. 12. EXTENORAND INTERIOR STRUCTURES OF DWELLING LlNITS - 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 cause dampness in the wall or interior portion of the building. 5.C.2.a Packet Pg. 107 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) I Tffi I R4 iNT 0l037glt2 COLLIER COUIITY -a llrh l[|anantg I)crd ,,r,,,t",t ,osn of CoIller Counly, F-of $ 24.000.00. /r. TH IS IS AN Togethcr To l{aue Bnd ,r- In Uitnxs o,d l6rn b 1,. thr d.,aib!d in .nrl eho .*ol.d rh. t$88 ()cI t6 illo qB RECORI}EO .L, o, September ,1. D, lo85 [y tlmated p.esent balance &.lonsltrr d ah nr- Sldmo Tai ''C" lirl.lngrblo Prop.:'lt Tir ll.le D. ilarten ( f/k/. BtIIte D.Smlth ) and |,lllllan E. ME!ten,! husband L"^t,,,lto ..llal lr'. nrnnlor. ro Uilllan E. Marten and BII1te D. Ma.ten, husband and wife, astenants by the entl!etlesIlo* r,otolltro ml&mr k One ( I )l'one (l) Skyriay D!lve, Route lI, NapIes, FIo!lda f,'q!rndlr.. tull..l d'c oroorr.: fir l tDi.i. .id t0ltnesSflh: Tlnr rl,o n,nrror, ror dn/ n' mn!r.,o.(otr o, ',,. lun ol s lo.oo ,nl ,r[or rJuc c eurlmttoar. rn..rr, trlw@l k i.E[, o.l oplol ftl. ioc6y ornnrr. kmoln,. rll. oltcnr. ro. nlrcr. rdrnrcr, orrcrr d'J @irkd' nnlo rhc srnrlo. rll thal ccaolr. l Jtlt.rhlh Collle! Cornrr. l:lnrl,ln. !l:: Family Unlt irl ol l.tINC SoUTH ATRPARK PRMTE VILLAS. UNIT I. acondomlnlum, acco!dlng to the Declaratlon of Condohinlum re;o!conoomlnlum, acco!olng !o the oeclaratlon of condohl.nlum reco!dedln 0.R. Eook 476, Pages ,04 through r3O Incluslve, of the cullentPublIc Reco!ds of CoIIle! County, F1oalda, as amended and 6ccoldl6c c o !d169Publ Ic Recolds of Coto the Plet of sald }llng South County, F1oalda, as amended and 6ccoouth Allpark Prlvate Vtllas, Unit l,reco.ded in Condomlnlum Plst Book 4! Page 46 of lhe publlc Re;oldsof CoIller County, Flortda, as amended. Gtantees, by accep tance ancl agrees to pey that celtain mort !ecordatlon of thel 0eed assunes anddated 0ctobe. 16,1972 to SunbankMortgage Company, f/k/a ClLn offlctal Record Eook-46 nal Bank of Naples, recorded>{ the cullent Publlc Recolds ofr EE'€o sr^rE oF Flor ida I couNay or Co]ller l I rrEREDt CERTtrv in{ 'n rhir dr,, brla' h!' " ollict Jul' -*"liJ ii-in. i.i. .t"*'.id "d in lr' chnt !I4'Eid b ur! r.LMLdrE..u, r.redtl, .PFrd E.tllie D. Malten and t{ll]lem E. Malten, her husband @6 i.: ,', '.:'t,:.i | ,.1\ i6 m tFrn ro [. rh. P.@n dr'alDd ;;;;h,;;;"' rnd thev i'rrdt.d.'d r'roE m th!' .. .iriNr.d rh. om,':..:,' 1111"-"1'.;i1.1;;',":l' '"'idii' h rh' c@nrv r6d Slrlt l !l.r..rid fin ,^.D.19 86 pnlunl ly: BllLLe O! I Skyv/ay Drlve, Naptes, FIo!Ida ,1952 .-----.-dI 5.C.2.a Packet Pg. 108 Attachment: CEPM20180007088 MARTEN (7060 : CEPM20180007088 Marten) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Danny Blanco SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7061) DOC ID: 7061 Updated: 10/16/2018 9:01 AM by Danny Blanco Page 1 CELU20180004729 N-A Properties LLC CASE NO: CELU20180004729 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Several dumpsters on the ground on the property, miscellaneous items being stored outside consisting of but not limited to, metal, wood, tables, inoperable vehicles. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln., Naples, FL ADDRESS: 5.C.3 Packet Pg. 109 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: CELU20180004729BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. N-A PROPERTIES LLC, Respondent(s) TIME: NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place forthe violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34'l 12 VIOLATION: Prohibited Storage 2.02.03 and Unlicensed/lnoperable Vehicles 130-95 . LOCATION OF VIOLATION: 5630 Copper Leaf LN, Naples, FL SERVED: N-A PROPERTIES LLC, Respondent Delicia Pulse, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENGE. 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU AREA PERSON IMTH A Ois,A8ILIry !V.IO NEEDS ANY ACCOMMODATION IN OROER TO PARTICIPATE IN THIS PROCEEOING, YOU ARE ENTIILED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT OEPARTMENT LOCATED AT 3301 EAST TAM AMI TRAIL, MPLES FLORIDA 34112 (239)774{800: ASSISTEO LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIIABLE IN THE COUNry COMMISSIONERS'OFFICE €r €ndiDi6nlo con las comunlcaoones de ssle €vaio. Por farc. lraiEa su popio raducloi AvElisma - Toul odisyon yo iEl an angl6 Nou pan gin moun p@ 16 lradiksyon. S ou pa pal6 anglo lanpn ,nl avak yon intoprer pou pal6 pouou. 5.C.3.a Packet Pg. 110 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLTNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. N-A Properties LLC, Respondent(s) DEPT CASE NO, CELU2O18OOO4729 STATEMENT OF VIOLATION AND PursuanttoSection162.o6and|62,,,,u,onffin$ordinanceNo.2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more pamicularly described herein, and hereby requests a public hearing before the Collier Counfy Code Enforcement Board, for the following reasons: l. Violation of The Collier County Land Development Code 04-4 I as amended, Section 2.02.03 and The Code of Laws and Ordinances, Chapter 130, Arlicle III, Section 130-95 Description of Violation: Several dumpsters on the ground on the property, Misc.. items being stored outside consisting of but not limited to: metal, wood, tables, inoperable vehicles, etc... . LocatiorVaddress where violation exists: 5630 Copper Leaf Ln. Naples, Fl 34116 Folio: 38169440007 Name and address of owner/person in charge of violation location: N-A Properties LLC 4269 Enterprise Ave Naples, FL 34104 Date violation first observed: March 21,2018 6. Date owner/person in charge given Notice of Violation: March 27 , 2018 7 . Date on/by which violation to be corrected: April I 8, 201 8 8. Date of re-inspection; October 10,2018 9. Results of Re-inspection: Violation remains. STATE OF FLOzuDA COI-]NTY OF COLLIER 2. 3. 4. 5. Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described ' continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and violation that the Dated this 16# auv rr1of ., 2o!8. STATE OF FLORIDA COL,TNTY OF COLLIER g (or affi (' (Signature of Notary Public) Personally known -E"rproduced identification SE Code Enforcement Investigator )ands ibed before 1111516 auy olgd,-, 20 b by Dee Pulse. (Print/Type/Stamp Commissioned Name of Notary Public) ..8*k:., --cnffirrnu 'i@33: i'i'iI#*',"H ; .;f ,",','#" ';.-o,i.*i'1'-,1'tr 9omm.' Expires oct za, iozzEonded through Naiirniiriot.r1l lrrn.REV 1-2-15 Type of identification produced violation should be referred to the Collier County Code Enforcement Board for 5.C.3.a Packet Pg. 111 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) Case Number: CELU201 80004729 Date: March 27, 2018 lnvestigator: Delicia Pulse Phore: 2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: N-A PROPERTIES LLC 4269 ENTERPRISE AVE NAPLES, FL 34104 Registered Agent: SEPANSKI, THOMAS G 4269 ENTERPRISE AVE NAPLES, FL 34104-7091 Location: 5630 Copper Leaf LN Zoning Dist: E Property Legal Description: GOLDEN GATE EST UN|T 30 N lBOFT OF TR105 Folio;38'169440007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Coilier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 0441 as amended, Section 2.02.03 Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter 130, Article lll, Section 130-95 Any use or structure not specifically identifled in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. Limitations on parking, storage of vehicles without current license plates. Vehicles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Fiorida Safety Code, or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked'or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For thepurpose of this section, a license plate shall not be considered valid unless it is both afflxed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed.: Violation Status - lnitial DESCRTpTTON OF CONDTTTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Several dumpsters on the ground on the property, Misc.. items being stored out side consisting ofbut not limited to: metal, wood, tables, inoperable vehicles, etc... . ORDER TO CORRECT VIOLATION(S}; You are directed by this Notice to take the following corrective action(s):1. Must cease all prohibited outdoor storage useat any and all prope(y otherthan property zoned for useasidentified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND / OR Remove _ from ui'-rmprovedproperty and/or property regulated by an approved Site Development Plan and the intended useli accordance withSection 10.02.03(B)(5) and/or intended allowabte uses in 2.04.03, Tabtes 1 and 22. Must remove all unauthorized outside storage of material, goods, and/ or other belongings Must move to apermitted enclosed structure or move to a site intended for such atorage or to a site intende-d f6r final disposal.3. Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the contines of a completely enclosed structure, OR store said vehicle(s) within a completely enclosed structure, AND/OR Removeoffending vehicle(s)traile(s) from residentially zoned area AND/ORMust repair defects so vehicle is immediately operable,oR store same within a completely enclosed structure, oR remove offending vehicle(s)andlor irairerisy from re;identially ' zoned area, including Estates zoned property. AND/oR Cease and desist s;le and/oi oisptay of venicL(s), equipment,and/or merchandise adjacent to any public right-of-way ON OR BEFORE: Aprit 18,2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 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. 5.C.3.a Packet Pg. 112 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX.239 252-2343 Delicia Pulse Case Number. CELU20180004729 -Z> rr< Prtrtied irlame of Reclplent . ,* :;) t urr- {l'Ll'''[;' 4 7L;'21'5 "This violation may requirs additional compliaace and approvalfrom other dopanments whlch may be roquirod und6r local, state and federal rsgulations, includlng, but not llmitgd to: right-of-way permit, brrilding p6rmit, demo,ition of structure, SIt6 Development Plan, Insubstantial Change to Site Development Plan, and Varlances along wlth, paym6nt of impact tees, and any new or outstandlng fees required for approval. ' Signail?e and Title of Recipient 5.C.3.a Packet Pg. 113 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) Collier County Land Development Code, 04-41, as amended 2.02.03 - Prohibited 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. 5.C.3.a Packet Pg. 114 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) Collier County Code of Laws and Ordinances Sec. 130-95. - Limitations on parking, storage ofvehicles without current license plates, Vehicles or trailers ofany type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of parts; or do not meet the Florida Safety Code; or do not have current valid license plates; or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license plate shall not be considered valid unless it is both alfixed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. (Ord. No. 10-26, S s) 5.C.3.a Packet Pg. 115 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) rNsTR 4591258 0R 4706 PG 21 DWIGHT E. BROCK, CLERK OF THE Doc@.70 $0.70 REC $18.50coNs $0-00 RECoRDED 7/29/20L1 12:42 Pi4 PAGES 2 CIRCUIT COURT, COLLIER COUNIY FLORIDA This instrument prepared by: Peter T. Flood, Esq. 125 North Airport Road, Suire 202 Naples, Florida 34104 Property Identilication No: QUIT CLAIM DEED THIS QUIT CLAIM DEED, made rhe _21- day of June 2011, by THOMAS G. SEPANSKI, a single person firsr party, to N-A properties, LLC., a Florida Limited Liability Company, second party,4269 Enterprise Ave Naples, Fl 34104_ (Whenever parties to this instrument and "Grantee" include all the and assigns of individuals, and the successors and requires). context so admils or \Yitnesscth,the sum of Ten Dollars ($10.00) in hand paid by acknorvledged, does hereby remise, release,party forever, all that certain Iand situate in Collier The Norrh 180 Feet of Tracr 105, GOLDEN GATE ESTATES, TINIT NO. 30, according lo rhe Map or plat rhereof recorded in plat Book 7, page 5g, of the public Records of Collier County, Flodda. To Have and to Hold, the same together, rvith all tenements, hereditaments and appurtenances lhereto belonging or in anyrvise appertaining forever. and quit claim tAt 5.C.3.a Packet Pg. 116 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) *** oR 4706 PG 22 *r* In witness whereof, the said Grantor has signed and seared these presents the day and year first above rwiflen. Printed Si STATE OF COUNTY OF I hereby certify'duly authorized to administer oaths and take appeared THOMAS G. in and rvho executed theSEPANSKI kloun to me to be wi foregoing instrument, rvho acknorvledged before me lhat (he/she/they) executed the same, and aa oath rvas not taken (check one ) . Said person(s) is/are personally knorn ro me. / Suia person(s) produced the follorving q?e of identifi carion Flovr Ao. Dr\.lar.:iL' esrtsc-, Witness my hand and official seal in the County and State last aforesaid this JS day of June 201 l. THOMAS G. SEPANSKi bd Signature of Witness #l #2 Signature lArLl <jil *-%, L /,1" [n,,6nthis day before (Seal)WCOLEIJE XEA2EB,PATEI, Comftirsion , EE 39{15 5.C.3.a Packet Pg. 117 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) Detail by Entity Name Page 1 of2 DrvtsioN oF CoRPoRATToNS ., *1 Dy,ru,z/ JJiljAfrACo-irvu-iut'-r'-te.'vs ut tilhw ft:ttt ufilwl!.t iulxla DeDartmento{Slate / DivisionotCoroomtions / SearchRecords / Detail by Entity Name Florida Limited Liability Company N-A PROPERTIES, LLC Filinq lnformation Document Number L04000026864 FEI/EIN Number 13-4278045 Date Filed O4l08l2OO4 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 0912512017 Principal Address 4269 ENTERPRISE AVENUE NAPLES, FL34104 Mailinq Address 4269 ENTERPRISE AVENUE NAPLES, FL34104 Reqistered Aqent Name & Address SEPANSKI, THOMAS G 4269 ENTERPRISE AVENUE NAPLES, FL34104 Name Changed: Ogl25l2117 Authorized Person(s) Detail Name & Address Title MGRM SEPANSKI, THOMAS G 4269 ENTERPRISE AVE NAPLES, FL34104 Title VP SEPANSKI, LISA 4269 ENTERPRISE AVE NAPLES, FL34104 Annual Reports http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetail?inquirytype:Entit. .. l0llOl20lg 5.C.3.a Packet Pg. 118 Attachment: CELU20180004729 N-A PROPERTIES LLC (7061 : CELU20180004729 N-A Properties LLC) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7063) DOC ID: 7063 Updated: 10/16/2018 10:05 AM by Helen Buchillon Page 1 CESD20180008387 Escobar CASE NO: CESD20180008387 OWNER: Viviana Escobar OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Section 10.02.06(B)(1)(a). Kitchen and Bathroom remodels without a valid Collier County permit. FOLIO NO: 30980200000 VIOLATION 700 Valley Stream Drive Unit 104, Naples, FL ADDRESS: 5.C.4 Packet Pg. 119 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Gode Enforcement Board Case: CESD20180008387BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. VIVIANA ESCOBAR, Respondent(s) TIME: PLACE: NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM 3299 Tamiami Trail East Building F, Naples, FL 341 12 VIOLATION: Building Permit LDC 1 0.02.06(B)(1Xa) LOCATION OF VIOLATION: 700 Valley Stream DR. Unit:104, Naples, FL SERVED: VIVIANA ESCOBAR, 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your aftendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone lF YOUARE A PERSONWTHA OISABILITY Vlrtlo NEEOS ANY ACCOMMODATION lN OROER TOPARTICIPATE INTHIS PROCEEDING, YOU ARE ENTITLED,AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT OEPARTMENT LOCATED AT 3301 EAST TAM IAMI TMIL MPLES FLORIOA 34112 (239)774{800; ASSISTEO LISTENING DE\1CES FOR THE HEARING IMPAIREDARE AVAILABLE lN THE COUNTY COMMISSIONERS'OFFICE entendimienio con las muni€ciones d6 esl6 evsto. Por ta!t. Iraiga s! proPio t?ducloi Avdbsman - rout odisyon yo IAt an an9l6. Nou pan gin moln pou le fadksyon S ou pa pal6 angl6 tanPd unj avdk yo intePrdt po! Pal6 Pou.u 5.C.4.a Packet Pg. 120 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, PetitioneT vs. Viviana Escobar, Respondent(s) DEPT CASE NO. CESD201E0008387 STATEMENT OF !'IOLATION AND REOUEST FOR IIEARING Pusuant to Section 162.06 and 162.12, Ftorida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: l. Violation ofCollier County Land Development Code,04-41, as amended, Section 10.02.06(8)(l)(a) 2. Description of Violation: Kitchen and bathroom remodels without a valid Collier County permit. 3. Location/address where violation exists: 700 Valley Stream Dr. Unit# 104, Naples, FL 34113, Folio# 30980200000. 4. Name and address ofowner/person in charge ofviolation location: Viviana Escobar, 1317 Garheld St, Hollwood, FL 33019. 5. Date violation first observed: July I l, 2018 6. Date owner/person in charge given Notice ofViolation: July 17e, 2018 7. Date on/by which violation to be corrected: August 16m,2018 8. Date ofre-inspection: September 4,2018 9. Results of Re-inspection: Violation Remains STATE OF FLORIDA COTINTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 2l:!day of september, 2018 STATE OF FLORIDA COUNTY OF COLLIER (PrinVType/Stamp Commissioned Name of Notary Public) ement InYestigator subscribed before tnifaay or seetemuer, zot r uy e..rorully t roFn 14 o.t/ or produced identification REV't-2-15 T,?e of identifi cation produced Htffiffii{}P} 5.C.4.a Packet Pg. 121 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) Case Number: CESD20'l 80008387 Date: July t7, 2018 lnvestigator: Jonathan Musse Phone: 239€77€134 COLLIER COUNfi CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ESCOBAR, VMIANA 1317 GARFIELD ST HOLLYWOOD, FL 33019. Location:700 Valley Stream DR, Unit:'104 Unincorporated Collier County Zoning Dist RMF-16 Property Legal Oescription: EL CAPISTMNO A CONDOMINIUM UNIT 104 Folio: 30980200000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the abovedescribed location. Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required) Collier County Land Developmenl Code 04-41, as amended, Section 10.02.06(8X1)(a) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of lhis 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 wntten authorization to alter land and for which a building permit may not be required. Examples include bul are noi limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no lsnd alteration shall be permitted withoul first oblaining the authorization oflhe required permi(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - lnitial DESCRTPTTON OF CONDITTONS CONSTTTUTTNG THE VtOLAT|ON(S). Did Witness: Kitchen and Bathroom remodels without a valid Collier County Permit. ORDER TO CORRECT VIOLATION(S}: You are directed by this Notice to take the following corrective action(s): 1. Must oblain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspeclions through Certifi cate of Completion/Occupancy for described structurey' alteration. ON OR BEFORE: August 16, 2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to g5OO and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEi.,lENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone:239 252-2440 Fp,x-: 239 252-2U3 SERVED BY. 5.C.4.a Packet Pg. 122 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) Case Number: CESO201 80008387 Signature and Title of Recipient @ Date rThls vlolalion may requlre add,llonal compllance and approvalfrom other d6partm6nts whlch may bo requlred undsr local, state and federal aegulations, lncludlng, bllt not Iimited to: right-of-way peamit building permlt, demolition of strucfurB, Slt6 Development Plan, lnsubslanflal Change to SIto Development PIan, and Variances along with, paymont of impact fe€s, and any new or oulstandlng fees rsqulrod for approyal. 5.C.4.a Packet Pg. 123 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) AFFIDAVIT OF POSTING Respondent(s): ESCOBAR, VIVIANA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)] XNotice of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation Code Case Number: CESD20180008387 _Notice to Appear _Code Enforcement Board Evidence Packet _Other: I Jonathan Musse, Code Enforcement Offlcial, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 7OO Vallev Stream DR. Unit:104 , on July 17th, 20t8, at 3i OYyrn (Time), and at the _X_Collier County Courihouse _ lmmokalee Courthouse. Swom to (or affrrmed) and subscribed before me this \ ( dav ofJulv. 2018 bv JonathEnfiGse [Name'oi person'making statement) Notary Public) dllersonally known _Produced identifi cation Type of identification produced Jonathan Mrbse STATE OF FLDRIDA EILC, DAY Conimisson t GG 098508 5.C.4.a Packet Pg. 124 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) AFFIDAVIT OF MAILING Respondent(s): ESCOBAR, VIVIANA Mailed NOV CerVReg Cert # 7017 3380 0000 7698 0339 CESD2o180008387 NOV JM # 4 ESCOBAR, VIVIANA 1317 GARFIELD ST HOLLYWOOD. FL 33019 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: ICheck the applicable document(s)] XNoUce of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation *Notice to Appear _Code Enforcement Board Evidence Packet _Other: Code Case Number: CESD20180008387 I Savlys Coutin, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mail to the above respondent at 13'17 GARFIELD STHOLLYWOoD, FL 33019, on _July 18. 2018_ (Date), at _11:19 AM_ (Time). STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this -18th_ day of_July_, 2018_ by Saylys Coutin (Name of person making statement) Notary Public) XPersonally known Produc€d identifi calion Type of identification produced Saylys Coutin 5.C.4.a Packet Pg. 125 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) 10.02.06 - Requirements for Permits B. BuildingPermit or LandAllerationP ermit. I . Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land akeration pennits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code ol 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 ofthis section a land alteration permit shall mean any written authorization to alter land and for wl.rich a building permit may not be required. Examples include but ale not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, n.roved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization ofthe required permit(s), iDspections and certificate(s) of occupancy as required by the Collier Counqr 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 ofary building , structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board ofZoning Appeals in the form ofan administrative review ofthe interpretation, or varialces as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent j urisdiction 5.C.4.a Packet Pg. 126 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) INSTR 5538756 oR 5496 pG 3905 RECoRDED 4/ayzoa\ 2:08 pM pAGEs 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLTER COUNTY FLORIDA Doc@.70 $1,120.00 REC S18.50 coNs $160,000.00 Prepared by: Jemifer Parks Entitled, LLC Title Insurance Ageacy 2180 West Filst Strcet, Suit6 530 Fort Myers, Florida 33901 File Nunrber: I8ENT-0129 General Warranty Deed giaqtor, to Viviana Escobar, whose ; heEinafter called the grantee: t1 (l'i'henever used herei, the rerm ,'gEDroa' ud , individuals, and the successors add asigns of Wittresseth, rhar rhe grantor, for receipt whereof is heteby aclorowledged, all that certain laad situate in Collier Unit 104, El Capistrano, a in Official Records Book amendments thereto, together Parcel ID NuEber: 3098020000 Togethef with all the tercEletrts, lereditarEeots atrd 1317 Garfield St, Holllrrood, Ftodda 33019, l]le heiB, leaal represeniativca and assigns of 10.00) and other valuable consideratiotrs, conveys ald confirms uDto the giantee, Condominium thereof recorded County, Florida, and all elements. thereto belongiag or in aq.wise appertaining. To Have and to Eold, the same in fee sinple forever. And the grantor hereby coven nts v/ith said gra ee tiat the grantor is Jarrtr-rlly seized ofsaid laod in fee simple; that the grantorhas good right atrd lawtul authodty to sell aDd coarey said land; ti.t ttri graltor hereby fully wrrrants the title to said laad and will defendthe same against the lawful claims of all pasons whornsoever; and thlt said laad is fiee of all encumbrances except tiD(es accruingsubsequetrt to Dec€Eb er 31 ,2017 . lll the parties ao rhis 239, ofthe Public undivided sharew DEED IDdividual Wamrty Ded - t gal o. Face 5.C.4.a Packet Pg. 127 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) *** oR 5496 pG 3906 *** In Witness Whereof, the said gantor has signed and sealed these presents the day and year frst above written. Signed, sealed and delivered in our presence: Witness #1 Signature State of FL County of Coilier The foregoing instrument was acknowledged under agreement dated March 16, 2009,rnad, lnown to me or who has produced M. McAlear, Individually E-,s TiuG-unaer dated March 16, 20A9, made by Kathleen .d thAve SW, Naples, , Naples, Florida I by Diane M- McAlear, Individually & as Trustee A. Puchhas, a single person, who is/are personallv *d.$Y.l.r% HEITITERMRJEI"EBERT qffi.rHi,Hnffiff:ilf s 0f t\o' Bondod ]hru Erdgel ffobry Sewices (NOTARY SEAL) Wihss#1 prioJN"rr" I[Wve) T\, - is- t.$l as identification. Mnn'e- kk (4- DEED Individual Wamnry Deed - Lrgal on Face 5.C.4.a Packet Pg. 128 Attachment: CESD20180008387 ESCOBAR (7063 : CESD20180008387 Escobar) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7064) DOC ID: 7064 Updated: 10/16/2018 10:20 AM by Helen Buchillon Page 1 CEV20180008337 Dewitt CASE NO: CEV20180008337 OWNER: Michael A. Dewitt OFFICER: Jon Hoagboon VIOLATIONS: Collier County Code Of Laws and Ordinances, Chapter 130, Article III, Section 130-95. Multiple unlicensed and inoperable vehicles stored on the property. FOLIO NO: 63405280006 VIOLATION 1072 Granada Blvd, Naples, FL ADDRESS: 5.C.5 Packet Pg. 129 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. MICHAEL A DEWTT, Respondent(s) Case: CEV20180008337 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 ANI PLACE: VIOLATION: 3299 Tamiami Trail East Building F, Naples, FL 34 1 12 Unlicensed/lnoperable Vehicles 130-95 LOCATION OF VIOLATION: 1072 Gtanada BLVD, Naples, FL SERVED: MICHAEL A DEWITT, Respondent Jon Hoagboon, lssuing Officer RESPoNDENTS ARE REQUTREDTo fiiJj+s 3J3,ir^iT,[8lf.t*E-HEARTNG coNFERENCE. 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed priorto your attendance at the hearing to include emphasis on Section Eight relating io the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone ]FYOUAREA PERSONWTHA D1SABILIry VWO NEEDS ANY ACCOMMODATION INOROERTO PARTICIPATE IN THIS PROCEEDING YOU ARE €NTITLEO. AT NOCOST TOYOU, TOTHE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT OEPARTM ENT LOCATED AT 3301 EAST TAM LAM I TRA L. NAPLES FLORIDA 34112 (239)Zt4-8800; ASSISTED LISTENING OE!1CES FoR THE HEARING IMPAIREo ARE AVAILABLE IN THE COUNTY COMMISSIoNERS OFFICE enlend miBnlo @n las comunicadooes d€ esle €v€nto. Po' lawr lraiga su proPio tEducloL Alttisman - ToLl odtsyon yo fet an angta. Nou pan gin mun pou fg tradiksyon Si ou pa paE angl6 lanPn vini 6vek yon inePrgt pou pal6 Polou 5.C.5.a Packet Pg. 130 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) COLLIER COUNTY, FLORIDA CODE EIIFORCEMENT BOARD COLLIERCOUNTY BOARD OF COLINTY COMMISSIONERS, Petitioner vs. DEWITT, MICHAEL A, Respondent(s) DEPT CASE NO. CEV2O18OOO8337 STATEMENT OF VIOLATION AND PursuanttoSectionl62.06and,l62.12,.,"nffiordinanceNo.2007-44,asamended,the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance Collier County Code of Laws and Ordinances, Chapter 130, Article III, Section 130-95 2. Description of Violation: Multiple unlicensed and inoperable vehicles stored on the properly 3. Location/address where violation exists: 1072 Granada Blvd, Naples, Fl 34103 Folio: 63405280006 Name and address of owner/person in charge of violation location: DEWTTT, MICIIAEL A 1072 Granada Blvd, Naples, Fl 34103 Date violation first observed: June 22d 2Ol8 Date owner/person in charge given Notice of Violation: Jwe22d,2018 Date on/by which violation to be corrected: July 3'd, 201 8 Date of re-inspection: October 8d',2018 Results of Re-inspection: Violation Remains STATE OF FLOzuDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the Dated this 1Oth day of October, 2018. STATE OF FLORIDA COLINTY OF COLLIER 4. 5. 6. 8. 9. (or( (Signature of and bscribed before this 10ft day of october, 2otlby fp6 l.{Oa6bOOn (Print/Typ e/Stamp Commissioned Name of Notary Public) -rFY P(ra. NEIL C. DAY 't;# commission#GG098508 *#JJ,ill'iiitl,xllL,'f;i331, Personally known tLo. produced identification Enforcement Investigator REV"t-2-15 Type of identification produced 5.C.5.a Packet Pg. 131 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DEWITT, MICHAEL A, 1072 GRANADA BLVD, NAPLES, FL 34103 Location: 1072 Granada BLVD Unincorporated Collier County Property Legal Description: NAPLES TWtN LAKES BLK 9 LOT 1 OR 707 pG 534 Pursuant to collier county consolidated Cod" enfor""rN*lffgulations, co ier county code of Laws and ordinances,chapter 2, Article lx, you are notified that a violation(s) of the following Collier County ordinance(s) ana o, FudRegulation(s) exists at the above-described location. Ordinanee/code; Storage and Use of Vehicle Control Ordinance, Code of Laws and Ordinances, Chapter 130, Article Ill,Section 1 30-95 Limitations on parking, storage ot vehicles without current license plates. Vehicles or trailers of any type that are notimmediately operable, or used for the purpose for which they were manufactured wjthout mechanical or electrical repaiis or the replacement ofpartsi or do not meet the Florida Safety code; or do not have current valid license plates; or do not meet the deflnitjon of Recreati;nai Vehicl;shall not b_e parked or storcd in any Resldential District, including the E estates disirict, other than in a comptetely enclosed building. ior thepurpose of this.section, a license plate shall not be considered valjd unless it is both affixed to a vehicle or iraileiin a fasnion autho"rizeJ lyFlorida law and is registered io the vehicle or trailer upon which it js displayed. Violation Status - lnitial DESCRIPTION OF GONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Multiple unlicensed and inoperable vehicles stored on the property ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s):l Must obtain and affix a current valid license plate to each vehicle/trailer not stored within the confines of a completelyenclosed structure, oR store said vehicle(s) within a completely enclosed structure, AND/oR Remove offending vehicle(s)haile(s) from residentially zoned area AND/ORMust repair defects so vehicle is immediately operable-, oR store samewithin a completely enclosed structure, oR remove offending vehicle(s)and/or traile(s) from residentiilly zoned area, inctuoinjEstates zoned property. AND/oR Cease and desist sale and/or display of vehicle(s), equipment, and/or merchanoise aoiacenitoany public righlof-way ON OR BEFORE: July 3rd, 2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in flnes up to $500 and costs ofprosecution. OR 2) Code Enforcement Board review that may result jn fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. Case Number: CEV201 80008337 Date: June 22,2018 lnvestigator: Jon Hoagboon Phone: 239252297 1 Zoning Dist; RIVtF-6 Folio:63405280006 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 39 252-2440 FAX: 239 252-2343 *This violation may require additional compliance and approval from other departments which may be required under local, state and federalregulations, including, but not limited to: right-of-way permit, building permit, demolition ofstructure, Site Development plan, lnsu6stantial change toSite Development Plan, and Variances along with, payment of impacifees, and any new or outstanding fees requiied for approval. Case Number: CEV20180008337 Sgnature anqTifle of RFopient /,/rz fleluff'' Prjnted Name of Recipient Naples, FL 34104 5.C.5.a Packet Pg. 132 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) Sec. 130-95. - Limitations on parking, storage ofvehicles without current license plates. Vehjcles or trailers of any type that are not immediately operable, or used for the purpose for which they were manufactured without mechanical or electrical repairs or the replacement of partsl or do not meet the Florida Safety Code; or do not have current valid license platesj or do not meet the definition of Recreational Vehicle shall not be parked or stored in any Residential District, including the E estates district, other than in a completely enclosed building. For the purpose of this section, a license ptate shall not be considered valid untess it is both afflxed to a vehicle or trailer in a fashion authorized by Florida law and is registered to the vehicle or trailer upon which it is displayed. (Ord. No. 10-26, $ 5) 5.C.5.a Packet Pg. 133 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) A E-E , *EsB EEdO EEES PE q.Ogi" aE WHEN RECORDED MAIL TO: Prepared by I OPTION ONE MORTGAGE CORPORATION P. O- BOX 57096 rR\[rE, cA 92679-'1096 ATTN: RECORDS MANAGE{ENT Losn Number:371038895 Servicing Numb€r: oo2237 1 4a-2 3914331 0Rr 4119 PG: 1475 nlcoiDl0 in otltcl& tlC0nDS ol C0LHBR C0UXW, !t, l0il0/2006 at ll:0lM Dll6n r, 8ROC!. clrrl 0 ,D 100000.00oul I00000.00 [Ic !u 129,00 D0c-.3t 350.00tn-,002 200.00 letnr EITCLTM ?ItU ns0mXct PICI NP MORTGAGE THIS MORTGAGE C Security ltrstrumgll^) is given on october 03, 2006 MICHA.E', A DEI'ITT, A SIi{GLE MAN .Th€ mongagor is whose ad&ess is 450 KLISPIE , PUmA GoRDA, EL 33950- This Security Inslrument is 8iven to Option One Mortgage Corporati which is orgarized and exrnin8 under the 3 Ada, Irvine, CA 92618 Bonower ow€s Lender the principal ./ This debl is evidenc€xl by ('Borrower'). and who* sd&6s is ('Lender"). corpoEaEion all renewsls, extarsions snd urder psragraph ? to protect covenanls snd agecmcnts und€f for morthly paymenls, with the This S€curi9 Instrurnent s€cures NovembeE 01, 2036 by the Note, witi interest, srd sums, with ini6est. advanced lhe pcrformance of Borrower' s purpos€, Borrower does hereby in collier s. $100,000.00 THEREOE. ('Nole'), which providcs lsrr..t Ciyl, mortgage, grant 8nd convey to County, Florida: 63405280006 which hss the addrss of 10'12-7074 GBANADA BLVD, NA"LES Florida 34103- ('Ptoperty Address'); Izip cod.l TOGETHER WITH all the improvdnents now or beresfter er€cled on the propdty, and ali clscmcnts, appu,.tenances, ald fixlures now or hercafter a Part of the proP€rty. All rePlacsnents and eddilions sh,ll atso b€ cov€red by this s€curity Instmment. All of the foreSoing is refef,red to in this s€curity Instrurnent es ile 'ProPerty. " BORROWER COVENANTS thsl Bonower is lairdrlv seised of the eslate herebv convercd tnd has $e nght to mortgage, glsnt and convey the Property and that the ProPcrtv is uDencumb€red, et(clpl for encurDbranccs oirecoril. Borrower warrants and will defeod getreftlly rle rirle to ihe Prop€.ty sgainsl all claims and demaods, subject to sny encumbralces of record FITRIDA-sbsr. Fmity FLDlo0r l (05/10/00) SEE LEGAI DESCRIPTION 5.C.5.a Packet Pg. 134 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) COVENANTS. Borrowcr and Lsnder covenant and agree as follows: L Prym.lt of PriDcipsl md Ini.Ild; Pr€t'syEEt sd Lde Ch.6gcs. Borrower shsll promptly psy .\r,hen due the principal of and inle,est on the debt evidenc€d by lle Note and any prepayment and late charges due undo. the Note. 2. FrrDds fc,r Taxes ed l-Dsrece. Subjeci to gpplicable lav or to a \iritten waiver by Lend€r, Borrower shall Pay ro Lender on the dsy moDthly payments arc du€ under the Note, until the Nore is paid in full, a sum ('Funds') for: (a) yesrly rax€s and $sessrnents which may alrain priority ov€r this Securiry Insrrumenr ss a lien oD fic property; (b) ye6ly lersehold paymcnls or ground r6ts on fie Property, if any; (c) y*rty hazard or properry insurmc€ pre'riums; (d) ysrly flood insuraff€ pr€miums, ifany; (e) yearly morlgag€ insuraDc€ praniums, if ery; and (f) any sums psysbte by BoEower to Lend€r, in acc.rdanc€ wirh the provisioDs of psragrsph 8, iD lieu of lhe psymeot of mo(gEge insrrance premiums. These iterns are called "Escrow Items.' Lend6 may, at any tirDg collcct and hold Funds in,n nounl nol to exc€€d the maxitrlum smount a lender for a f€derally related mortgsg€ lorn may rcquire for Bonowcr's escro,, account under tie federal Real Eslate Setllemenr Proc€dures Acr of 1974 as srcaded from time 10 lime, 12 U.S.C. S 2601 er req. ('RESPA thsl lpplies to lhe Funds sets a lesscr amount. lf so, Lmder Inay, at any time, collect to exc€ed th€ lesscr anouDt Lerdcr msy enim8lc th€ amount of Funds due on eslimales of expenditures of furure Escrow Items or otherwlsa in The Funds shsll be h€ld a fcderal agency, instrumentality, or entity (ircluding Lender, if Loan Bsnk LeDder shdl apply the Funds lo pay t}e Escrow and applying the Funds, armually analyzjng the €scrow accounl,Borrower inter€st on dre Funds and applicable la\r' permits may rcquire Borrow€r to psy s one-time charge far an in corn€ction wilh this loan, udess applicable law provides law requirB intere{ to be paid, Lender shall not bc tle Funds. Borrower snd Lmdd may agr€ in writing, however,shall give to Borower, withoui charge, an annual acc.unting of the unds atrd the purpose for which each debit to the FuDds wns made The F for dl zums securd by this Seqtriry Loan Nun1bcr: 311038895 Servicing Number: 0O223'l'l 4O-2 0R: 4119 PGr 1476 Date:10/03/05 If thc Funds held by Lender exce€d the to be held by applicable law, L€nder shall account to Borrower for the excess Funds in accordanc€ with the requi.cments of spplicabie lsw. Ifile anounl of lhe Funds held by Lender al any lime is not suflicicnt to pay the Escrow Itans when due, Leld6 may so notify Bonower in writing, snd, in such case Borrower shall pay to Lender the amount oecessary to meke up the deficiancy. Borrower shall mske up the deficiency in no more than rwelve monthly payments, at Lendcr,s sole discretion. Upon psymeTll in full of all suns secured by this Security lrstrumefll, Lender shrll promplty refurd to Borrowcr aoy Funds held by Leuder. lf, undEr paftp.aph 21, Lender sh61l acquir€ or setl Oe properry, Lcnd€r, prior to the acquisition or sa.le of th€ Property, shall spply any Funds held by LsDdcr ar rhe tilne of acquisition or sale as a credil againa $e sums secured by this S€curily lnsrrument 3. Alplicdiotr of PryE€atr Unless applicable iaw provides otherwise, all payments received by Lender under pamgIaphs I and 2 shall b€ applicd: first, !o any prepaym€nt charges due under the Note: s€coDd, to amounls payablc under paragiaph 2; third, 10 intcrest due; founh, Io principal due; snd lan. b any lste chffges due und6 4. Cha:ges; Licos Borrower shall pay all taxes, asses$nents, charges, fines and jmposilions attributable to the Property which may attain prioriry over rhis S€curity Innnunert, snd lersehold plymenrs or gound renrs, if any. Borrower shall psy Gese obligstions in the mslnef provided io paragraph 2, or ifDot paid in lhat maflnfi, Borrowg shall pay lh6n on lime d;ectly to the p€rson ow€d peyment. Borrower shall promprty turddl ro Lender all notices of arDounts to be paid undcr this paragaph If Borrower mak6 thcse paymc"rs drrectly, Bormwef, shalt promptly firnish lo Lender rec€ipts cvidencing thc psymeflts. Borrowe. shdl promptly dischsrge aoy licn wbrch h&s priority over this Seerity Insirumenl unless Borrower: (a) sgrees in wrirrng to lhe paymarl of the obligarion *cuIed by lhe lien in a manncr accrplsble ro Lendel O) contests in good faith the lien by, or defends againn erforccmcnl of tie lien in, legat proc€€dings which io the Lender's opinion op€rste to prevcot the enforcemenr of rhe lien; or (c) secwes from rhe holder of the lien ar agIe€meflt sstisfactory lo LeEdd subordinating $e lien 1o tis Slecunty Instrumenr. If Lendei det€mincs thst any pan of the Propdty is slbject to a lien which may sttain priority over this S€.urity Instrument, Lender may give Borrowcr a nolic, identifying the lien. BolTowcr shall ssdsry the lien or lake one or more of lhc aclions scl forth above within I0 dsys of the giving of notic€. sbsll b€ paid on FLDrO0r2 (0t/10/00) 5.C.5.a Packet Pg. 135 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R: 4119 PG: 1477 Loan Number: 371038895 Servicing Number: 002231 1 40-2 Dat€i10/03/06 5- Hu&d or Propdry Lrero.c Borrowcr shall keep the improvements now exisling or hererfter ereclcd on the Prop€rty insucd agamst loss by fire, hazards included within tbe t€rm 'extended coverage' sDd lny other h8ards, ircludirg floods or flooding, for which Lender requires insura$c€ T}is insuraace s,rall be maintaired in the amounts snd for the p€f,iods rh0t Lendcr requires- Thc insuranc€ carri€r providing the insusnc€ shall b€ choscn by Borrower sub.tect to L€fld€r's approval which shall not be uDreesonably withhcld. lf Bonower fails to mainlain coverage dcscrib€d above, Lend6 may, at Leltder's optioD, obtain covera8e to protect Leoder's rights in the Propgty in ac.ordarce with psrrSraph 7 All irsurarc€ policiG and r ewals shall be ac.€ptable to Lcnd6 snd shall rncludc a srandard morrgage clause. Lender shall have lhe right lo hold lhe policies and reDewals If Lender requires, Bcno*cr sball proEptly give ro Lender all re.€ipts of paid premiums snd renc\ral notices. In the event of loss, Borrower shall give prompt notice to the insrlrance c€rner aad Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borower otherwis€ agr€e in uririDg, or applicable Law otherwir requres, lrlsursncc proc€€ds shall be applied firsl to reimburse Lender for .rsts and cxperses incurrd in conncciion wi0r obtaininS sny such ins.ran € proc€eds, and th€n, al L6der's option, in such order and proponion &3 Lender msy dclermine in its solc a.d sbsolute discretion, and regardles of of s€cunty or lack trereot (i) to $e sl][Is s€cued by &is S€curity Instrun]enr, wbeth€r or th€r€of as Lender may deldmine in its sole and lbsolute discrction:and expcnses of necessary repairs or renoralion of th€ Prop€rty to a Property, or do€s not ans,wer carrisr has oficred to scxle a claim, Led6 may collect the absolute disoaetion, Erd regardless of ary iEpairmarr of s€curity or the Prop€rty or to pry lhc swns s€.ur€d by tlis S€curiry illbegin when lle noticc is given. of procecds to principal shall notUnless Lend6 and exlend or postpone the due dat€I rnd 2 or cbaDge th€ alnount ol the paymants If under s right lo aDy insrrancr policies snd proce€ds resulting shall pass lo Lender to lhe €xtcnt of the sums sccured by this lf Borrower obtains or sny other ilsurance on the such insurance shall (i) Esme Lcndcr ssProperty and such insuranc€ is no( loss psyee $er€under, and (ii) be subject 5. 6. Ocq+ecy, Pr€s.watioo,of the Propdty; Borroe€r's Lom Applicsioq Le{s€$ol&. Borrowsr scknowledges thal the LeDder do€s nol desire lo make a loan to Borrower secured by this property on the l€f,ms contained in the Note unless thc prop€rty is lo be oc.upied by Borrower es Borrower's primary/se.ondary residence. Lader ms,I(es non-o*,Iler: residelce ]oans of different tems. Bonower promis€s oDd ersures Lender that Borrower iDtends lo occupy this property as Borrower's primary/s€condary resideDc€ and that Borrower will so o.cupy this propcrty as ils sole primary/s€condary residenc. wiltrin sixty (60) days afier rh€ dare of the Secunty Instrum€nt. II Borrower breaches this p.omise to occupy rhe property as Borrower's primrry/s€condary residence, then Lender msy invoke any of th€ following r€fxedies, in addition to rhc rernedies provided in the S€.urity Instnmenr; (l) D€.lare sll sums secwcd by the S€curity Inshment due and psyable and foreclos€ ihe S€curicy Instrument, (2) D€cre3s€ the t€rm of tle lo0, and adjust the monrhly psyments under rhe Nore accordingly, increas€ the intcrcst rate and adjust the morthly paymenls under the Nole accordiDgly, or (l) require that the principal bslance be reduced lo a peradrtage of eitber thc original purchase price or the appraised value then beins offered on non-owner occupied loans. Borower shall nor destroy, damage or impair the Property, allow the Property !o detefiorate, or corDmit waste on the Property. Bo.rower shall be jn default if ary forfeiture action or pro€eding, whethsr civil or criminEl, is begun that in Lcider's good faiin .iudgmflt could resit in forfeilwe of the Propqty or odterwis€ materially impair Ge tien crealed by tis S€curity Insrumeni or Lender's security intsresl. Borower mry cure such a defaulr and reinstat€, ss provid€d in paragraph 18, by causing Oe sction or proce€ding to b€ dismiss€d wilh a ruling &at, in Lender's good failh delemination, precludes forfeiture of th€ Borrower' s interesl in the Prope.ty or oih6 m6tens] impairment of the lien created by this S€curiry Instrumctrt or Lender's security inter€sl. Bor.ower $all aiso bc in default if Borrower, du.ing the losn application process, gave matfislly f0lse or inac.urare infordarioD or stalernenls to Lender (or failed to provide Lender wilh any material infonnation) io connection willl the losn evide&€d by the Noie, including, bul not limited to, representations conceming Bonower's occupurcy of the Propcrty as a pnncipsl rasidence. If &is S€curity Itsinnnenl is on a leas€hold, Borrowcr shsll c.mply with {.ll the provisionsof $e lease. II Bo[ower acquires fe€ title to the Prop6ty, $e leasehold and $e fee title shdl not mergc unl6s Lender agrees to fie merger in wriling I l-he Propgrty is FLDl0Oll{OJ/10/00) 5.C.5.a Packet Pg. 136 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R; 4119 PG: 1478 Loan Number: 371038895 S€nicing Number: 0a2237 140-2 Dalerl.0/03/06 Borrower shsll, Bt Borrower's own €xpens€, sppear in and detend sry sctiol or proc€€dinB purportiog !o arlecl the Propery or any ponioD thereol or Borrowc.'s title therero, tle validity or pnoriry of rhe Iien crat€d by this Security instrument, or the rights or pow6s of Lender with r6?ect to this S€curity Instrument or the Properry. All causes of aclion of Borrowcr, whethcr accrued b€fore or afier the date of this S€curiry Instfltnent, for damage or injury 10 the Prop€rty or dly pan thereof, or in conncction with any lrsnsactiol finsnc€d in whole or in pan by the proc€€ds of the Nole or any olher note s€cured by r.his S€curity Iaslrumenl, by Lender, or in connection wirh or aIIcctiDg the Property or any part thereol itrcluding causes of actioD srising in tort or conlract and causes of action for fraud or concealmenl of a mstcrial fact, are, at Lender's oprion, assigned to Lender, ard the proc€eds thereof shsll b€ paid dnecdy to Lend6 who. sft6 deducting therefrom all ils expenses, includiDg re&sonable a(omeys' fees. may apply zuch proceeds to fie sums secur€d by this S€cunty Insfument or to sny deficicDcy under this S€curity Insrumdl or may rclcas. any monies so received by il or any part thermf, ss LeDd6 may elccr. Lend6 may, al its opiion, appesr in a.od pros€cure in its orm nane any actior or procreding lo €olorc€ atry such cause of action and may ma.ke ary c.mpromise or se(lement thereof. Borrower agrees lo executc such furlher sssignments snd any oth6 instruments as from time to iime may b€ neccssary to cffecrusre rhe foregoing provisions and as Lender shall requen. 7. ProlEdiclo of Ladd s Rights itr fails 10 perform lhe covmarts and ag:eemenls contained in $is Security Instrumart, or significartly alIect Lcder's rights in the Propgry (slch as a proceeding rcgulatioff), dletr Lend€r may do or forfeilure or to enloroe laws or the value of rhe Prop€rty and by q lien which hss prionry fees and €ntering oo the Property 10 mak€ rgpairs Allhough does not brve to do so. Any amounts disburs€d debl of Borrower secured by Ihis S€curiry lisrrument.these smounts shall b€,r time sDd sh6ll b€ psyable, wi0r 8. Morlgsge los mc.of makiog (he loan s€.ured by lhis S€cunty lnslrumenl,lie nongage insurarce in eflect. If, for 3ny re8son, the moflgag€or c$ses lo b€ in effect, Borrower shall pay the prerniums required to obtara to the mongage in$rance previously in effect, at a cost subslantislly equivalent to of the mongage rnsurance prevrously in effect, from sn altcrlale mortgage inswer approvcd by Lcnder. If substa ially equivalent mortgage rnsranc€ covcrag€ is nol available, Borrower shall pay lo Lender each month a sum eiual to one-twelfth of the y€srly morrgage ins:urancc prcrnium beiDg paid by Borrower wlen the ins1rIarce coverag€ laps€d or c€as€d to be in efiect. LeDd6 willsccept, use ahd retain these prymeIrts &s r loss reserve in lieu of mongage insuranca. Loss rcsrf,v€ psymats msy no longer be required, at the option of L€nder, if mongsge insurance covcrage (iD &e amount erd for the period lhal Lerder requir6) providcd by an insurer approved by Lender again b€comes available and is obtained. Borrower shall pay the premiws required to maintain mortgag€ insuranc€ in eff€ct, or to pmvide a loss ress've, mtil the requirer nt for mortgsge insuranc€ erds in accordsnce with ary written agreemenl belween Borowtr ed L€nder or applicablc lsw. 9. In-p€otioL Lender or ils ageDt msy mske reasonable entri€s upon and ins?€ctions of the Property. Lender shall give Borrower notice at lhe lime of or prior to an inspeclion spcciSing reasonable cause for ihe 10. C,ood.-n,rio|D. The proc€€ds of any aw8rd or claim for dsmages, direcl or conscqucntial, in connection with any condemflatiol or other lakinS of s]ry pan of the Propeny, or for conveytnce in liar of condamslion, are hereby assigned and shall be paid to Lender. Loder may apply, us€ or release lhe condcmnation procecds in lhe S3me maffler ss provided in paragaph 5 her€of with res?ect to insuranc€ Proc€€ds. lf the Property is absndooed by Borrower, or if, afte, Dotic€ by Lender to Borower lhat lhe coodennor offers to mske an award or s€tlle a claim for damages, Borower fails to resPond lo LcodcI witin 30 days aft6. &e dare the notic€ is given, Leoder is authoriz€d to collect ad aPPly lie Poceeds, al ils oPlior, eilher to reslorslion or repair of the Propcrty or to the sums s€cured by ihis S.curity InstrurDent, whether or Eol lhg| due- Uoless Lexlder snd Borrower other$rise agree in *riling, any applicaljon of Proc€€ds to Principal shall no! exlend or ponpone thc due date of the montbly paym€nts referred 10 in paragrtphs I and 2 or chogc the amount of such paymenrs t l. Bdroy€I Not Rd€rsd; Fo estDce By L€ods Not s wtiYet. Ext€xlsion of the lime for pdynent or DodiJicltion of ainortizstion of the sums securcd by ltris s€curity Instnrment Srsnted by Lender to ey successor i! inreresr of Borrower shsll not operale ro r€lesse the liability of $e original BorrowB or Borrowe/s succ€ssors in interen. Lctrdcf shall not be required to commetrce proc€edings a8ain$ any slrccessor in inter€st or refrrse to Lender's nghts in the Propsty ove' this S€curiry Instrumenr, intfiesl from the date of intcrcn, upon notic€ from required tuongage FLD I 0O 1.1 (05/ l0/oO) 5.C.5.a Packet Pg. 137 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R: 4119 PG: 1479 Lom Nmbcr: 371038895 ScrvicinS Numbcr: OO223 l'l 4O-2 Date:10/03/06 extand time for paymeot or otherwise modify amonizrtion of thc sums s€cur€d by dris S€curiiy Instrumcnt by reason of any danand made by th€ origina.l Bonower or Bororver's slcc€ssors in intcr€n. Any forbearuc€ by Lender in exercising sny ngh! or ranedy shall not be a waiver of or preclude the exercis€ of any right or remedy. 12. SE cisors od AssigDi Bo@d; Joi. od Scv6d Li.biliq; Co-sigftr' Th€ covauEts {rd agcements of dis S€curity Iosrument shall bind Bnd bcDefit thc succ€ssors aIld assjgns of Lender and Borrower, srbject to the provisions of paragraph 17. Borrower's covenanls and sgreernenls shall be joint and s€veral. Any Borrower who co-sigrB tlis S€curity Instrumeni but does nor exe.ute rhe Norer (a) is co-signhg rhis Security Inslrumenl only ro mo(8a8e, grant and convey that Bor.ow6's inlercd in lhe Propcrty u er the tefms of this Socurity Instrumcnr; O) is not persona,ly obligated to p3y lhe $ms secured by this S€curity Instrument; aDd (c) agrees tbat L€oder and ,ny other Bonower may agrec to extend, modiry, forbe8r or mske any accorunodations with regard to the terns of this Security lnslrument or the Not€ without that Borrower's consent 13. Loe ChrreEs. I-f the losn sccured by this Security InsrumeDt is $rbject to s law which sers maximum losn charges, uld that law is finally ioterpreled so that lle iDleresl or olhs loan charges collected or to be collected in oonDectioD wiih the loan €xc.€d the p€rmitted limits, theo: (a) any such loan charSe shsll be reduc€d by the amourl necess€ry io reduc€ (he charge to the fb) sny slms already @ll€.led from Borrower which exceeded p6mitted limits will b€choose to make this refund by reducing tre principal owed und6 the Note or If a refund reduces princips.l, the urder lhe Note.rcduction will bc treat€d as a panisl shall be given by delivering method. The nolice shall bc directed to the Prop€rty notic€ to Lender. ADy notice lo Lender shall be givei by firsl othcr address Lqrder designates be deerned to have b€.o give'I toby ootice to Borrow6. Any Borrower or Lender when given l5 GovdaiDg Ltr,by fedqal lal, ,nd the hw or claus€ of tlris Security otber provisions of $is S..urity Instrunol o! the Nole which cD be To this end the provisions of this Se.unty Inslrument and the Note 14. Notic.s, Ary nolic. il or by mailing it by first class of the juridiction io which the Inslruol or the Nole @nflicts 16. Borm$e1s Copy. Borrows InstruEenl. 17. Treder of lbc Pn'pqt, o( r Badcid IntirEs iD Bofiowcr. If all or any p6rl of the Property or any inreresl in it is sold or tranderr€d (or ifa beneficial ill16'es1 iD Borrower is sold or kansfened lnd Borrower is not a naturo.l pcrson) witlout Ledcr's prior written consef,l, Lender mry, al ils option, requir€ immediate payment in full of all surns s€cured by tris S€cunry Innnrment. However, lhis oplion shsll nol be cxercis€d by Larder if exe.cise is prohibited by feddal law as of the dste oi this Secunty Instnrm€nt. IfLand6 exercises this opllon, Lender shall givc Borrower nolice of acceleralion. Thenotic€ shall provide a period of nol lcs! than 30 days from the date the notic€ is delivered or mailed *itbin which Borrow€r must pry all sums secured by (his S€curjty Instrumanl. If Borrower fails to pay these sums prior to the expirstion of this period, Lendo may invokc sDy rem€dies permitted by this S€cu.ity Instrument withoul further notice or d€rnand on Borrower. 18. Bormwc/s Righ to Rcitrdrlc. If Borrower meets cenain condilions. Bonol,cr shall have the righl to have cnforc€ment of thjs Securily Instrumenl dis.ontinled at any time prior 10 the earljd of: (e) 5 days (or such orhe, p6iod as applicsble lrw may specify for reinstetanent) before sale of lhe ProPerty Pursnsnt to sny power of sale contained ifl this Security Instrument; or O) entry of s judgment enJorciq this Security Instrumeflt. Thos. condilions are that Borrower: (a) pays Lender all sums which then would be du€ undcr lhis Security Insmmant and the Nole as if no accclcration had occurrcd: O) cures sny d€faDlt of any other cov€nsnts or agreemcntl (c) psys all expases jncured in enforcing tbis S€curity Innrument, including, bnl rot limited lo, rssonable attorneys' fe6: snd (d) takes such action as Lend6 msy rersonably rcquirc to rssure that thc licn of this Securily Innrumcnt, Lender's rights in the Prop€rty strd Borfow€f's obligation to Psy lhe sums scur€d by this Sccunty lnstrum€nl shall conlinue unchaDg€d. Upon reinnaldnsrl by Borrower, this S€curity Instument and the obliSalions secued hereby sha.ll reslain fully efleclive as if no acc€leratioD had occurred. However, this right to reinslrte shall Dot sPPly in the cas€ of accclerslion under paragraph l?. copy of the Note snd of dis S€curity FLD!0015(05/t0/00) 5.C.5.a Packet Pg. 138 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0Rr 4119 PG: 1480 LogI Number:371038895 :jervicing Number: 40223't'1 40-2 Dat 10/03/06 19. Srlc of Note; CLmgc of Lom Sewic€r- The Note or a prnial inieresr in rhe Note (rogelher wjrh this Sccurity Instrurn€no may be sold one or more limes wilhout prior nolicc to Borrow6. A sa.l€ may resutr in a change in the entily (known ss $e "Losll Servic6") tbat co)lects mo hly paymerts due under thc Note snd this SJ€curity Innnrnerrl. Thcre also olry be one or mor€ changcs of the Losn Servicq ufl.elalcd to a sste of the Notc. If tlrre is a change of th. Loan S€rvicer, Borrower will bc given writta! notic€ of the change in accordance witb paragrsph 14 above snd lpplicable law. The notice will stal€ the Dsme and address of the Dew Loan Servicer ard the ad&ess to which payments should be made. The Dotic€ will also contai! any other information required by applicablc law. The holder of lhe Note and tris S€curity Instrument shall b€ d€€rned to be rhe Lsnder hereuder. 20 HzEdors Srbdeces Boffower shall not caus€ or permit rhe prescnc€, use, disposal, $orage, o. releasc of any Hazardous Subnances on or in ihe Property. Borrower shau not do, nor allow snyone else lo do, anything offecting the Propcrty thst is ,n violalion of sny Environmental Lsrv The preccding rwo senreDces shall not apply 1o the pr6€nc€, use, or sorage on Ue Property of s1,ll qusntities of Hazardous SubsraDc€s rhal E€ generally r€cogniT-ed lo be appropriate to normal resid€nlia.l us.s aod to msintaMnc€ of lbe Prop€rty. Bonower shall promptly give Lender *TitleD rotice of any itrvesligation, claim, dem0Dd, lawsuir or orler ac(ion by ,ny governmerlal or regulalory involving the Propcrty ,nd any Hazgdous Substanc€ or Environmental Law of If Boffower lesms, or is notified by any Soverninellla-l or regulatory of any Hazardous Subnanc€ affecting the Prop€ny is ne.essary, Envirounental Law. Boro\}sr shall bc solely omcers, employcEs, attomeys, claims, darands, caus€s of promptly rak€remedia.l aclions in ac..rdsnc€ with hamless Lender, its dir.ctors, from and agaiDsl any snd all fees and coun costs snd cosls of preparalion snd implanentation snd liability dir€clly or indirectly aDy requir€d or necess{ry of any closure, abatement, arisiog our of or atlriburable ro ed relcase, discharge, disposal, O) de trarspon to or from tleabstement or prescnce of Property of any Haardous law, end (d) sry Hszlrdous As used in this paragraph 20,sribslsnces defined as toxic or hazardous subnarces by Envirorun€nlal Law and thi kerosene, ouer flanljnable or toxic p€troleum producls, toxic p€sticides and herbicides;macrids conlaining asbenos or fonnaldehydc, and radioactive malelials. As us€d in lhis pragraph 20, "Environmental Law' means federal laws and laws ofde jurisdiction wh€re the Property is locsted trat relale to hedth, safety or envirorunental proteclion ADDITIONAI COVENANTS Borrower and Lelrder funler coveDant snd agree as follows: 21. Accelqdiorl; R(Ecdies. If ey in$sllm€ot lm(k the Note or rcles *nEd h€Gby i5 Dot Fid wh€o Arc, or ifBorrow.r shodd be h defs{r rEd.r m, Fovision of llrtu S.o!-ity Insu €tr! or if Bono$.r tu i! dddt undd Ey olh6 E(tgrgc or othE iDirur.ni ErEd by the Pro,paty, rll elnrs !€.rrEd by ihtu Scqdty hsrmt and rcucd intcrrs tbcreoo $rl| d mc. b.ome dtl€ md psyable st thc optim of Lad6 wilbod Fior mtic., o(c.pt !s oth€rsise requirEd by q,pticdrlc law, md r rrdlcss of Ey prior fornerr.n€e h s.h 6/eat L@d.r, d its optioo, md slbj€d to ryplicablc kw' E y th€tr cr lh6E ffE iDvokc tbe pow€r of sele mdlcr ey oth.. rEoodica c,r t t€ ey olher rdioos p€.Ditt€d by rytcsble l!w. L€sder will collc.t dl C,e€ns ioollrEd iD prrrsting thc rcmcdi€s desibcd in this Prsgrph 21, itrcluding" but not limit€d to, rersorablc , omeyd fe.s sd cod! of title 22. Relcasaupon paymen! of all suns secured by this Security Inslrument, Leider shall rele3se tlis property without warrsnty to the person o. persons legally entirled 1o it. Snch p6son or persons shall pay any recor&lion @sts LeDder may char8e such p€rson or persons a fee fol releasing the ProfErty for scrvic.s reDdqed if the charging of $e fee is permirted und6 applicable iaw 23. Att{,rneys' F.es. As used in this S€curity Instrumenl and the Nole, 'atlorneys' fecs" shall include sry alromeys' f€es awarded by aD appcllar€ coun. 24. Mis.rrr€stdi@ md Noodiscloole. Bonower has made cerlain rvrittar representalions atrd disclosres in order to induc€ LeDder to mak€ dre loan evidenc€d by the Nole or ooles which dris Security Inslrumcor secures, and in the €venr rhat Borrower has made any matenal Di*epresentation or failed to disclos€ any mal€rial fscl, L€ndcr, al its option Bnd withoul prior notic€ or demand, shall have tle riSht to declee the indebledness secured by $is S€cunty Instrument, irrespective of tle maturity dale sp€cilied in the Note or notes s€cured by this S€cudty Inn'umenl, irmediately due and poyable. 25. Tihc is of Ile Ess(ace Time is of tbe ess€nc€ in the performance of e€ch proqsion of this Security the vrolation of any 5.C.5.a Packet Pg. 139 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R: 41i9 PG: 1481 Loan Number: 3?1038895 Sefliicing Number: OO2231'7 40- 2 Dale:10/03/06 26. Waivs of Ssune of Limit riooa Th€ pleading of the slatute of limitations as a defense to enforcedrcot of l}lis S€cu.ity Instflrneut, or any and all obligations refened to hcrcin or s€cured hereby, is hereby waiv€d ro the firllest exterl pemlitled by applicable law. 27. Modifi€{tioa This S€curily Instnrment may be modified or arnended ooly by an agreernent in *,riling sigDed by Bolrower and Lender. 28. Rcimbursn€trt To the extent pel.rd(ed by applicable law, Borrower shall reimburse Trustce od Lerder for any ,nd all c.sts, fe.s snd expenses which ei6er may incur, exp€nd or sunain in the execution of the trusl o:ested hereunder or in rhe perfor&snc€ of any acr r€quired or p€rmi(cd hqermder or by law or in equity or olhawise arising oul of or in conrection wilh tris S€cunry Inshrmenl, the Note, sny other nore secured by rhis Securiry Instnrment or any orh6 inshmenl Executed by Borrowo in cornectior with lhe Note or S€curity Instrumeor To the extent p€rmitt€d by applic.ablc law, Bonower shsll psy io Truste€ ard LeDder th€ir f€€s in crnn€crion with Tru(ee and Lelder including, but Dor limited lo ,ssumption spplicalioD fees; fees for psyoff dernsnds and, slalernents of loan balarce; fe€s for rEfiDg, rsn$nixing snd lranspo(ing copi€s of loan full or panial lien rele&s€s md oiher documents requcsl€d by borrower or s nghls or dulies undcr fiis Security lnnrumcol; fecs alising from a whetler the Prop€rty is occupied, prolected, nainlain€d or insured or fecs, legal fees, broker fe€s, inslrEnce mid-lerrn substitulions,from foreclosure of lle Propel"ty ard prolectioD of $e s€ctrity and cosls of a similm Dature not otherwise prohibited by law. Se.urity Insrum€nl or any hstnrmenl. To the extolt with th€ Notc or S.curity lh€ir fees in connectio[ with LeDdcr providing documents or ity Instfum€rt, &e Nole, any other Doie s€cured bv rhis by Bonower in connection with lhe Note or S€curity Innrument 29. Cl.ricsl Ers. In the Nore, ary olher not€ s€cured by rhis Security lnnDment, Lhe Security execuled in mrle.lion wirh the S€cunty lnnnrment, Note or notes a c,erical mista.ke, c€lculation error, computer malfunction, p.inring crfor or upon notice from Leoder, to reexecute sny documents that are necessrrJ to correct any slrch funler age.s drat L€nder will not be liable to Borrower for srly darnages incurred by Borrower tlsl are directly or indirecdy caused by any such cfror. 30. Lod Sol.o, I).sDy.d cr Mutilat d Seordty Inst:rncot md C{hr. Do(rrora In the eve,rt of rhe loss, theft or d€struclion of tlre No1e, sny olher note secured by rhis S€cu.ity lnstruDent, the S€curity Instnunent or ely other documents or insli.lmcnts executcd in connection with the S€cu.ity Instrume , Nolc or notes (colleclively, tle 'Loafl Documents'), upoD Borrower' s re€€ipt of an indernnificstioo execuled in frvor of Bonower by Larder, or, in the evml of thc rnulilation of any of lhe Loan Docurnents, upon Lender's srrrcrder to Borrower of rhc mutilated Loan Documsnt, Bo.rowcr sball execute ard d€liver to Lender a Loan Docu-mcnt in form snd cootot ideltical 10, and to se e ,s a replac€rnent of, the losr, stolen, dest oyed, or mutilated Loan docurDeat, snd such replscemen! shall have the same force snd ellect as (he los1, stolen, destroyed. or mutilated Loan Documents, ,nd may be treated for all purposcs as ttre original copy of such Loan Documal. 3 I . AsigDD€ot of R€lts As additional s€curily hereunder, Borrower hereby assigns to Leoder the reols of lhe Property. Borrowe, shall have the right to collect and rctain the renls of the Prop€rty as they b€..me due a"d psyable provided Lender has noi exercis€d its righls to require immediate pay&ent in full of tic sums secured by $is Securiry indflmeDl snd Borrower hss not abmdoned Ge Property. 32- RidEs to this S.srity IDsrEaL If one or more riders ar€ executed by Borrower snd reoorded togedler with this Secunty Insrrurnent, thc covdrsnts Brd ageements of each such rids shsl! bc incorporai€d into and shall amend ud supplerEe lhe covenaats ud agrcemmls of this Security Insrrumcnt as if the rider(s) were a pafl of ilis S€curity Innrufienl. lcheck applicablc box(es)l Elaaiu"t,tt" n*. niao E Manufactured Home Rider D ooo(t) ("p""iry) P.*. ? of8 D Condorniaiwn Rider E ll r"- y niaer E Plano"a unir Derelopmenr Rid€I' E occupracy tudt' purposcs; appraisal or any other at ary tiEt€ FLDI@t7(05/10/@) 5.C.5.a Packet Pg. 140 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) {119 PGr 1482OR: Loso Nuob(r: 371038895 srrvicirg Nulber: 0 0223'1 7 10 - 2 Da,rjlol03l06 BY SIGNING BELOW, Borrower lccepts Btrd agrE€s lo the t€fms aDd cov€natrts cotrlsined in this Seqrity IlstruDe"t md i! my rid€rc) o(€cut€d by Borro\ter ard recorded wil! it. STATE OF TLORID,{ Counq s: forcgoitrg i$stnrmeal who is persooally kDowD to me or who hss prcduccd FLDl00lt(054d00) Signd, s€{.lcd aDd delivd€d r.u thc 6PLqq 5.C.5.a Packet Pg. 141 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R: 4119 PGr 1{83 Exhibit "A" Legal Description File Numben 1206(X?8 L.t I, Block 9, Naples Twin Lakes, accordilg to tle PIar the.eofas rccorded iD Plat Book 4, page(s) 35 aad 36, hclusive, ofthe Public Records of Collier Cou.rty, Florida. il^i! 1 5.C.5.a Packet Pg. 142 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) Loan Number: 371038895 Servicing Number: OO223714O-2 Dat€: l0/03/06 ADruSTABLE RATE zuDER (LIBOR Index - Rate Caps) THIS ADruSTABLE RATE RIDER is made octobeE 03, 2006 md is incorporated into and shall be deerned to amend snd supplement the Mortgsge, Deed of Trust or Secudty De€d (the " Security Instrument') of the same dste given by the undersigned (the 'Borrow€r') to secure Borrower's Adjustable Rate Note (the "Note") to OpEion One Mortgage CorporaLion, a Cal-ifornia Corporation (the "Lender') of tbe same date and coverirg the property described in the Security Instrumert 8nd located al: to72-1o14 GRANA.DA BLVD, NAPLES, EL 34103- [Property Address] THE NOTE COi{TAINS PROVISIONS FOR CHANGES IN TIIE INTEREST RATE AND T}IE MONTTILY P LIMITS TI]E AMOUNT TIIE BORROWER'S INTEREST ONE TIME AND T}IE MAXMT]M RAIE THE ADDITIONAL made in the Socurity Instirmeart, Borrower and Tbe Nole provides The Note provides for changes in INTEREST RATE AND (A) Choge Dales The intsrest rate I will pay z Novenber 01 2 008 my interest rate could change is called aand on that day every sixth month thereafterl 'Change Date. " (B) Ile IDdo( Beginning with the first Change Dste, my interest rate will be based on an Indsx. The "lndex' is the average of interbant offered rates for six-motrth U.S. dollar-dcnominated deposits in the London market CLIBOR'), as published h The Wall Sn'yet Joumal. The most recsrt Index figure available as of the lirst busirtess day of the month immediately preceding the month in which the Change Date ocrcurs is called the 'Current Index.' If the lndex is no longer available, the Note Holdsr will choose a new index that is based upon comparable information- The Note Holder will give me notice of this choice. (C) Calorldim of Ch.mges Before each Change Date, the Note Holdsr will calculate my n€w interest rate by adding slx AND 10/ 10 0 p€rcenlage point(s) ( 6.1OOt ) to the Current Index The Note Holder will then round the result of this additioo to the oext higher one-eighth of one percentage point (0. 125%). Subject to the limits slated in Section 4(D) below, this rounded mount will 0R: {119 PG: t{84 MIILTtr;TATE ADruSTABIjI nATE IDER-LIH)R INDD< - sitrCh Fmily Page i of 3 usRl002l (02-23-99) 5.C.5.a Packet Pg. 143 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) Loan Number: 3?1038895 Servicing Number: OO223114O-2 Date: lO/03/06 be my new interest rate until lhe next Change Date. The Note Holder will then detsrmine the anount gf fte monthly payment that would b€ sufficient to repay the unpaid principa.l that I am expected to owe at the Change Dale in full on the Maturity Date at my new interest rate in substastially equal payments. The result of this calculation will bq the new amount of my moDthly payment. (D) Limils o! htrrEst Rete Chmgcs The interest rate I am required to pay at. the first Change Date will rlot be greater than 12.8508 or less tian 9.850$. Thereafter, my interesl rale will never be increased or decreased on any siagle Change Date by more than ons perc€otage poilrt (1.ff/o) from the rate of inter€st I have been paying for the preceding six months. In no event will my interest rate be greater than 15.8508 or lesslhan 9.8508 @) Efreaive Dare of Chmges My new iqt€rest rate will become effective on each Change Date. I will pay ihe enount of my new monthly paymert beginning on the firs montbly payment date after the Charge Date until the amount of my monthly payment cbanges again. (F) Notice of Chmges The Note Holder will deliver or mail to aay changes in my intsrest rate and the amounl of my monthly payment before the by law to be given me and also the have regarding the notic€. notice ,xill include idormation required who will answer sny question I may TRANSER OF THE IN BORROWER Covensnt 17 of the S€curitv Trander of the part of the Property oruny interest in it is sold or or transferred snd Borrower its option, require immcdiate option shall not be exercised Instrumert. Lsrdsr also shsll is not I natural persoD) payment iD full of all zums bv Lender if exercise is not exercise this option if: (a)information required by Lender to ev&luate the lntsnded lrsnsferee 8s if and (b) Lender reasooably determines that Lender' s security will and that the risk of a breach of any mvsnant or agreement in this securify to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sigtr sD assumplion agreemeDt that is acceptable to Lender and rhat obligates the traisferee lo keep all the promises ard agrccEsnts made in the Note urd in this Security InstmrDell. Borrowsr will contiou€ to be obligated under the Note and this Security lnstrument unless L€ndsr releases Borrowsr b writing. IfLeoder exercises the oplion to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the nolice is delivered or mailed within which Bonower must pay all sums secured by this S€cudty Instrum€,nt. lf Borrower fails to psy these stms prior to.the expiration of this period, Lender may hvoke any remedies permitted by rhis Security Ilstrumslt without further notice or demand on Borrower. ORr 4tt9 PG: 1485 Mt LTtrtTATF, ADJUSTAE-E f,ATE RIDER-I.ImR INDD(-SirAh Fa y P.Ac 2 of l to be submitted to usRI0022 (02-2f-99) 5.C.5.a Packet Pg. 144 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R:4119 PG: t4B6 Loan Number: 371038895 Servicing Number: OO22377 40-Z Date: 10/03/06 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Rate Rider. CHAEL A DEWITT rfi.rLTtrITATE ADTUSTA.ELE RATE RIDER-LIDR. INDE(-siDslc Feily Pagc 3 of 3 (S€d) -(s€at) (S€sl) usRr0o23 (02-23-99) 5.C.5.a Packet Pg. 145 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) THIS l-4 FAMILY RIDER is made october 03, 2006 , and is incorporated into and shall be deerned to am€nd and supplerDent the Mortgage, Deed of Trust or Security Deed (the " S€curity Instrumsnt" ) of the same date given by the undersigned (the " Borrower" ) to securc Borrower' s Note to option one tlortgage Corporation, a Cal.ifornia Corporation (tbe 'Lender') of the seme dste and c.vering the Property described in the S€cudty INtrument ard located al: lo72-7o1 4 GRANA.DA BLVD, NAPLES, EL 34103- (Property Address) 14 FAMILY COVENANTS. In addition to the covetrants snd agreernents made in the S€cudty Instrum€nt, Borrower and Lender further covenant and agree as follows: ADDMONAL PROPMTY INSTRITMENT. In addition to the Property described in the Security Loan Number: 371038895 sh8li also constitute the Property of every nature whatso€ver now the Property, including, tiut not electricity, gas, water, sir and apparatus, plumbing, bath disposals, washers, drye.s, Servicing Number: 00223'17 4O-2 I-4 FAMILY RIDER Assienmeot of R€ots rods, attached miEors, cabi or hqeafter attached to the Property, all of which,to be and remain a part of the Propsrty covered by the with the Property described in the Security lnstrumsnt (or the in this l -4 Family Rider and the is on a leasehold) are referred to B- U$ OF PROPERTY;: shall noi seek, agree to or make I change in the use of the Property or its unless Landsr has agreed in lxriting to the change. Borrower shall comply with all laws, otdinanc€s, body applicable to the Property. reguletions and requirem€nts of any gov€rnDentsl C. $.TBORDINATE LIENS. Except as permtted by federal law, Borrower shall not allow any lien inferior to the S€cuitv 'Illstrulrleot to be perfected agains the Property without Lender's prior wrinen permission. D. RENT LOSS INSI.IRANCE. Borrower shall maintain insuranc.€ agaimt rent loss in addilion to the other hazards for which insuranct is required by Covsnant 5. E. 'BORROWER'S RIGI{T TO REINSTATE' DELETED. Covenant 18 is deleted. F. BORROWER'S OCCT PANCY- Unless lender and Bonow€r otherwis€ agree in writing, the first paragraph in Covealsnt 6 crncerning Borrower' s occuponcy of the propsrty is deleted. All remaining MI'LTtrITATS I.4 FAMLY NDER P.ge I of3 0R: 4119 PG: 1487 Date: LO / 03/ 06 to the Property description, and materials, appliances and goods to b€ used in conoectiofl with or disributing heating, cooling, security and access control refri gerstors, dishwashers, shades, curtaios and curtaio Instnrment. All of USRl0ol.!r,p (l I'19-04) 5.C.5.a Packet Pg. 146 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) 0R: 4119 PG: 1488 Loan Number: 371038895 Serviciog Number: OO223'l'140-2 Date: 10,/ 03/ 06 Coveoants and agreements s€t forth in Covenant 6 shalt remain in effect. G. ASSIGNMENT OF LEASS- Upon Lender's request, Borrower shall assign to Lsnder all teases of the Property and all security deposits made in connection with leases of the Propsrty. Upon the assignmant, Letrder shall have the right to modify, extend or terminate the exising leases and to execute new leases, in Lender's sole discretioD. As used iD this paragraph F, the word "lease" shall mean "sublease" if the Security lDstrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVR, LENDER IN POsg'SSION. Borrowtr sbsolutely and unconditionally assigns and transfers to Lelder all the rsnts aDd revenues ('Re[ts') of thc Propcrty, rege'dless of to whom the Rents of the Propsrty are payable. Borrower authorizos Lender or L€nder's ag€nts to coll€ct the Rents, and agrees that each tenant of the Property sha.ll pay the Rents to Lender or Lender's ag€ots. However, Borrower shall receive the Rents until (i) Lender has givea Borrower uotice of its intention to receive Rents after a default by borrower under the Security Inskumsnt End (iD Lend€r bas given notice to the tenant(s) lhat the Rents are to b€ paid to Lender or Lender's agant. This sssiglmmt of Rents co[stitutes sn absolute assignrnent and not an assignment for additional s€curity only. IfLender gives notic€ of its intention to_10 Borrower: (i) all Rents received by Borrower shall be held by Borrower as truslee for 10 be applied to the sums secured by the Security Inslrumsnt; (ii) Lender shall all of the Rents of the Property; (iii) Borrower agrees t}lat each te0ant and rmpaid to Lender or Lender's sgsnts upon Lsnder's ,tlTitten provides olhenvise, all Rorts collected by Lender or Lender'taking coDtrol of and mmaging the Property and collecting the receiver' s fees, praniums on receiver' s bonds, repair assessrnents and otler charges on the Property, and t}Ien to judicially appointed receiver , Lcnder's Egcats or any received; and (vi) Lender shall be entitled to have a tle Property md collect the Rents and profits dsrived from security. inadequacy of the Property as If the Rents of lhe of taking control of and managing the Property and of collecting the indebtedness of Borrower to Lendsr for such purposes shall become pursuant to Covenant 7. Borrower represents and warrants executed any prior assignment of the Rents asd has not and will not perform arly act tiat would prevent Lender from exercisi[g its rights under this puaCrapb. Leoder, or Lerder' s sgetrts or I judicially appointed receiver, shall not be required to ent€r upotr, take cootrol of or maintaitr the Property before or after givirg notice of default to Borrow6. Howev€r, L€oder, or Lender's agorts or a judicially appoiuted receiver, may do so at any time when a default occurs. Any application of Rents shell not cure or waive any default or iuvalidate any other right or remedy of Lend€r. This Assignment of Reats of the Property shall terminate when all the sums secured by the Security Llstrument are paid in full. I. 'ASSIGNMENT OF RENTS' MODtrlED. Any Covenant of the Security lnstrument granting ffr Assignmenl of Reols to Leoder is superseded by this Rider. J- CROS$DEFAIILT PROVISION. Borrower's default or breach under auy nole or sgresment in which Lender has an interest shall be I breach und€r the S€curity Instrument 8nd Lender may invoke my of the remedies permined by the S€curity InstrumeDt. }|ULT!aTATE l-l FA.IIILY RIDER sufficieTlt to covsr Plgc 2 of 3 USRl00l.wp (l t.l+O4) 5.C.5.a Packet Pg. 147 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) *i* 0R' 4119 PG: 1489 ri* Servicing Number: 00223'17 4O-2 Date: L0/03/06 BY SIGNING BELOW, BorIower acc€pts and agrees to the lerms and oovenants contained in this l-4 Farnily Rider. Borrower I'I,,LTISTATE I-,' FAIUILY R.DER Prgc 3 of 3 Loan Number: 371038895 Borroxlct (Y -=S' + {J /.r,*kll#"tlQ/#v USRlo0l.'l.p (l l.l9-04) UICHAEL A DEWITT Borrower 5.C.5.a Packet Pg. 148 Attachment: CEV20180008337 DEWITT (7064 : CEV20180008337 Dewitt) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7065) DOC ID: 7065 Updated: 10/16/2018 10:31 AM by Helen Buchillon Page 1 CEAU20180009226 Masey CASE NO: CEAU20180009226 OWNER: Janice Masey OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.03.02(F)(5)(b). Chain link fence with barbed wire for residentially zoned property. FOLIO NO: 01134080005 VIOLATION 15985 Janes Scenic Drive, Copeland, FL ADDRESS: 5.C.6 Packet Pg. 149 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. JANICE MASEY, Respondent(s) Case: CEAU20180009226 NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 0744, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 AM PLACE: VIOLATION: 3299 Tamiami Trail East Building F, Naples, FL 341 12 Fence- Barbed Wire 5.03.02(F)(5)(b) LOCATION OF VIOLATION: 15985 Janes Scenic DR, Copeland, FL SERVED: JANICE MASEY, Respondent Joseph Mucha, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 Code Enforcement Board at least flve (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOUARE A PERSONWTHA OISABILITY WHO NEEOS AI.IY ACCOMMODATION IN OROER TO PARTICIPATE IN THIS PROCEEO]NG, YOU ARE ENTITLED,AT NO COST TO YOU, TO THE PROVISIONOF CERTAIN ASSISTANCE, PLEASE CONTACT TIIE COLLIER COUNTY FACILIT]ES MANAGEMENT OEPARTMENT LOCATED AT 3301 EAST TAMIAMI-TRAIL, MPLES FLORIOA 34112 (239)774€800; ASSISTEO LISTENING OEVICES FOR THE HEARING IMPAIREOAREAVAILABIE IN THE COUNry COMMISSIONERS OFFICE enlendimiento @n las @municaciones dB €st€ svenlo. Por lavor raiga s! prcpio tEd!.loi Ardtjsman - Tdi odisyon yo fEl an anglO. Nou pan gin moun pou 16 fEdiksyon. Si ou pa pal6 angla tanpi vinl avBk yon inrdp€r pou par6 pou-al 5.C.6.a Packet Pg. 150 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIERCOUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. C8AU20180009226 Janice Masey, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR IIEARING Pursuant to Section 162.06 and. 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): Collier County Land Development Code 04-41, as amended, Section s.03.02(Fxsxb) 2. Description of Violation: Chain link fence with barbed wire for residentially zoned property. 3. Location/address where violation exists: 15985 Janes Scenic Dr, Copeland, FL 34137, Folio: 01 134080005 4. Name and address of owner/person in charge of violation location: Janice Masey, PO Box 133, Copeland FL 34114 5. Date violation first observed: July I16, 2018 6. Date owner/person in charge given Notice of Violation: July 306, 2018 7. Date on/by which violation to be corrected: August 25'&,2018 8. Date of re-inspection: September 26b, 2018 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COIINTYOF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Datedthis ilS aurof Oclo$g1 , 2o-B STATE OF FLORIDA COUNTY OF COLLIER C^ u"ro.. air4iv of dclo b{1, zoll avJoseph Mucha. (Print/Type/Stamp Commissioned Name of Notary Public) Personally t or* ,/ or produced identification ofNotary Public) REV 1-2-15 Type of identifi cation produced dtl.:yo.,^ HELEN BUCHILLON=\i-U'. Commission#GG104629 *W" ExpiresMay15,2021''66p'p;o$ BondodThruBudg€tNot rySBrylcos 5.C.6.a Packet Pg. 151 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) Gase Number: CEAU2o.l80fir9226 '",*,,n"t:':il::Yoitirfl l: Phone:2392522452 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MASEY, JANICE PO BOX 133 COPELAND, FL U137. Location: 15985 Janes Scenic DR Unincorporated Collier County Zoning Dist VR-ACSC/ST-CZO Property Lsgal Description: 13 52 29 UNRECD TRACT H-7 DESC AS: COMM E1l4 CNR SEC 13, N68DEGW987.57FT,S42 DEG W 37FT, N 52 DEG W Folio: 1 'l 34080005 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of LawB and Ordinancee, Chapter 2, Article lX, you are notified that a violatlon(s) of the following Collier County Odinance(s) and or PUD Regulation(s) exisb at the abovedBcribed locatlon. Ordinance/Codo: Accessory Uses and Structures. Fences and \Aralls, Excluding Sound Walls. Collier County Land Development Code, Ordinance 044'1, as amended, Section 5.03.02(F)(sxb) Barbed wire, razor wire, spire tips, sharp objects, or elec{rically charged fences are prohibited except that the County Manager or designee may allo\,r/ the use of barbed wire in conjunction with a fence or bcilities wtrere a secunty hazard may exist, such as a utility subsiation, seu,age Aeatment plant, or similar use.: Violation Status - lnitiat DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VTOLATTON(S). Did Witnes€: Chain link fenc6 with barbed wire for rcsidentially zonod propsrty. ORDER TO CORREGT VIOI-ATION(S): You arc diFcted by thb Notlce to take the following corrsctive action(s): 1. Remove all unauthorized barbed from fence by the date specified on this notice AND / OR Comply wlll all Fence requirements pursuant to 04-41, Section 5.03.02. ON OR BEFORE: August 25th, 2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to il000 per day per violation, as long as the violation remains, and costs of prosecution. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL34104 Phone:239 252-22140 FAx: 239 252-23/.3 Signature and Title of R-ipient SERVED BY: I nvestigfdtor Sigriature Case Number: CEAU20180009226 Printed Name of Recipient 5.C.6.a Packet Pg. 152 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) I I T 1. Complete items 1, 2, and 3. Prlnt your name and address on the rsverse so that wB can return the card to you" Attach this card to the back of the mailpiece, or on the front if space permits. Artlglo Addressed to: CEAU20180009226 MASEY JANICE PO BOX 133 COPELAND FL 341 37 El Agent El Roaresse€ C. Date of Delivery 9.- It Cglvery.addrwe difisr€nt frsn ttem 1? El Yes x delivery address below: El No ALT, ? . Artlcla Number (Transfer from seryice label) 7El,? 338[ tlU0t] TbqS I1 537 ilHlilffit l1ltlr 9590 9402 3 illil ilil11ilililllllililN 579 7305 9489 1 B tr Adult S[nature trr4Outt Slgnaturo HcsUlcted DdtvW t(CcrtineO Mall@ tr Certllled Ma[ Affitrlcted Dellvery tr Collect on Delivry tr Collect on Dellvery Hestrlstod tlellwry llail IailHoeHcted Dellvery r0) tr Prlorlty Mall Etpr€ss0 B Roglebred Mallru tr HeglstGrod Ma[ Regticted Dellvery tr Feturn Roc€lpt fur Merchsndls€ B Signature Confirmallonil O Slgnaturo Conlirmallon Hestricted Delivery P$ Form 3811, .tuty zo15 PAN 75s0.04-mososo $f J Fl t.Ez $*\tJ\l Domss$c Betum Rocslpt I SENDER: COMPLETE TF,,S SECflOru COMPLETE TH'S SECT'ON ON OEI.'VERV B. fiqcelved by fitnted Name)(lq /t-htk tl.t A x I I 5.C.6.a Packet Pg. 153 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) F. Fence and wall design standards in all districts: 5. Fences and v{alls shall be constructed to present a finished side ofthe fence or wall to the adjoining lot or any abutting right-of-way . b. Barbed wire, razor wire, spire tips, sharp objects, or electronically charged fences are prohibited, except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar 5.C.6.a Packet Pg. 154 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) tlc0lDt! r! (t,lltllt llttDs ot lUoUl00l .t 0l:0lti DIicJt a. I!lI: J tct u$tRerumro: illliir'['lli,l' Janir Masr-Y ?fr) l.ce ('YPress l)rivc C'opebrd. [1. ]4137 'Ihis lnsrunrnl Preporrd try: Hanrpn Brus. Rock C'o.. s l'loridE (ico$sl Psnnership P.O. Box 4tt Copebrd. fl. .l4ll7 Prop€ny Apprailter's l'unsl ldcntilicstion (lblio Numbc(s)): 0l 1340t00051 THIS lS A qEqllE WARRANTY DEEI''lO (:OllRE(:r AN ERRoNEot',s LEGAL DESCRIT'IION ON THE WARRANTY DE,ED RECORDf,I' IN THE OFTrcIAL IIECORDS OF COLLIER COUNTY' FI,ORIDA. RECORDED IN O.R. 8(Xx 2905, PA(;E 0202. Thls Wrrranty IH, Mudc this Srrr doy of oclobcr. 2u)l by ltlnuld l llurmro und I' Lrl^/,ence llan pn gcnr:nrl purtrrn ol'llarrncn llrothers Roqk ('o . u ljloridu (icncrsl l'$ncrshiA hcrqinafrcr called rtr grlnrors to Janicc M8sey. whose Fr$al rddress is P.O. Ilor lJ3. (bpelanrl. Tl. ,4137, hettinEner callcd thc Srantce. t Wh..cvcr u${d hdtin tl|r' !.nn} '8,3dl,s; l.t.l qr!l.rn!tir.r. l|nJ .$ifnr uf ls erl il, qlrnils o, .rtuirtf, ) Wihesseth -llut ttE vslusbh coosklersrions, rec€ipt rtmiscs rhEses. convcys arxl Florirr. All tul p.rt oflh! nonh hrcl E-2 F.l of hrc.l t. llEid., t int mlrr CmtlcrcinS .l th. c.tt qu..l.t adin8 of$t37 I d6.tibod in hrld fd conty r(,.ds I dexnih.d in rlEc. S.,12'0.t'00"W. 17.00 fccri th6rc€ aanGaly rLht-of-*!y lina of !.itj coulry rsd; th(ile sl(xru, l.kl tiShr-of'ttay lin. N U)"Sl'm"8 236 56 ftcr lo th. FOINi OF BECINNIM]i th.ic. cqrlinuint N.{xr"sl'(x)'I. 10t.70 f.6i rhtirt kxvittt 3.id riSht{tf-ury S,afr4'00-8. I gt,50 ft6 !o lhc *!d.tly.i8ht.of.rv.y linc of s.ctrir' I}ir/. rs dcc.titd ]d 'tcad.d itr OR. Bool ,6. Pu.s lg4.l97 of drc hrblh &(u& of tuli6 Clrlntv' llddr: lh.ne s.l!?o'm-W. :45.rm ,c.tBDI 76, Plt6 104.197 of drc hrblh &(u& .krt tail ri8hl-ot'-w.y lina lo. Pdnt ofcurw; dl'lca 72 lt) fear $8 $a atr.'ofsrid c!rv! c.Ilaava lo ftc rurlr*ct, hiving o rdill! ofgl1.62 6c,. c.ir.l urtlc uf015'l'53'.nd. dto.d btltitg s l,'!,'17'W. 11'83 li{: itglco N.$'3a'(,()"W. 97.'}6 k lo lh. FOINT Of B[ClNNl}{(i of .hG lrn B h.tti. d...rih6r. t'att.iiint 1.0 .l''r3 fi(rc o. lass. BcrinB! t lat t,l lh.c.c litlc dlht rdlh..{ $rylct of S.clion ll b.inB N Uf0l'00"W- St BTECT 'l (r: l .xc. fir 2m l , r|d subc4uart ,ats nor ytl du€ rnd Fyrhlc. Zqrir8 md tJ| &6{rictinr irnpoced by gwanrnoul ouh(rililr. 6nd rt{.ictiuB lnd t$.rnars (ulrmrn lo dE etdirisim. Totpltar, wirh all lerEnrltr& hcrc{hattnts 8td sPFfienancfs lllt.nsh, bdoogilg ur in mywise sppcrtshhS. To Hrv. rnd to llold, tlle sanE in fce sinple hrwer. Ard ths grantors hecby covuroru with s.it grrorlc rhd the grantors are legdly scizc{ ol'sail ltd in lie siaplei rhst thc gru ots hlvc Bood righ rad bwftl aulhority to sell atd llovcy sull lard; tlrat thc grantors heelry lfully warnnts lhc lilh lo !.kl hd .td will defcnd ihc cEnE &gBittst lhe lawfu clains ofsU pcruns whomoever arxl $!t $it land is 6qe ofalt eocuttrarrcs, exc€pl lsxe$ occruing subscquer to Decernber ll' 2001. SuUiott to crs3nE[s, rl lrhliorlc ord rrr€rvatbns of tt.(,'ord. 2895692 ORr 2936 PG: 230? cr! c00fi. !t u0 . cllnl llc llt r0. )0!!c-,10 . r0 c{[ls 1.00 lo rhis inirunlnl ud thr hi:iR. rf luaFrrimr. $ttartirl lha of $ I 0.00 anl othrr Bronts, hrBsins. srlE llicns. situstc in Collier Counr!, collir.r county, Flfi id!- Rta\rdr ofCollitt Cqnn!. :Yr. 9t7.S7 fect ro th€ pl.li! of 'pltce of h*inoir! of ! 5lI wi& $iP d $L!;rft6c Pl$lic Rc!.trdr ol ('olliw Cqlnir, Fldid.: .-lJ.l.l0lirr: rh.nlr N.Ol'lt'30'li. :7.05 fr..l tothc Clrlnty, Hddr: lh.ne s.l!?o'm-W. :45.rm,i.1 5.C.6.a Packet Pg. 155 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) ffi 0R, ?936 PG. 2308 ril h Wltralt Wtcnot, thc ssid grsorors hsvc signcrt arxt scaled tht'sc prescnts this I I / day of ,[)t.aon/,t , .zoc'1 . - / i rll f 1?-la& /,*,L' r'Jg-'',-\1dU-'l.. lprn^- co.nry of cdli.t I h..Gby (rniry thlr l,l thit dsy. beldt ne, cn omoet 'luly suth(ri.ol ro.dministe. o.$s ard trlc EfrouhdEr.trli, parro lly rpplatld Dolld L f. btrflaaa lla o. to tDc to bc tha Pcrs{nl d€r.iibad in utd eio crculrd lh. for.AoinS in$nmcttt.ma thlt thay creq cd lhe slma. and an ttlh was C(Ilnry lnd sratc lac .20t/ srdc of Rrids 5.C.6.a Packet Pg. 156 Attachment: CEAU20180009226 MASEY (7065 : CEAU20180009226 Masey) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7066) DOC ID: 7066 Updated: 10/16/2018 3:38 PM by Danny Blanco Page 1 CESD20180005375 SA Equity Group LLC CASE NO: CESD20180005375 OWNER: SA Equity Group LLC OFFICER: Steven Lopez-Silvero VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Installed a new metal building, with electric, on improved occupied commercial property. FOLIO NO: 63864280003 VIOLATION 114 New Market Road East, Immokalee, FL ADDRESS: 5.C.7 Packet Pg. 157 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. SA EQUITY GROUP LLC, Respondent(s) Case: CESD20180005375 TIME: NOTICE OF HEARING RE: MOTION FOR IMPOSITION oF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(BX1)(a) LOCATION OF VIOLATION: 114 New Market RD E, lmmokalee, FL SERVED: SA EQUITY GROUP LLC, Respondent Steven Lopez-Silvero, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:oo 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your aftendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (2391 25?-5892 Te lep hone IF YOU ARE A PERSONWTHA D1SABILITY WHONEEDS ANY ACCOMMODATION INORDERTO PARTICIPATE INTBIS PROCEEOING YOUAR€ EMTITLEO,AT NOCOSTTOYOU' TO THE inovtstol or cenreN asstsTANcE, pLEAsE coNTAcT THE coLLtER couNTy FActLtTtES MANAGEM ENT DEPARIMENT LoCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLoRIDA lltl ifisdii+seo; .cssisilo rrsrelrNo oevces ron rHE HEARTNG rMparRED ARE AVaTLABLE rN THE couNTY coMMlssloNERs'oFFrcE enl$dimiento con las comunicaclones d6 esle ev€nto. Por lavor iraiF su Prcpio tradlcIor. Avoiisman - Tolt odisyon yo f6t an ang16. Nou pan gin rcun pou fe radiksyon. si ou pa pa16 .ngla tanPri vini aldk yon inBPrdt pou p.!6 pou4 5.C.7.a Packet Pg. 158 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLTNTY BOARD OF COUNTY COMMISSIONERS. Petitioner Vs. SA EQUITY GROUP LLC., Respondent(s) DEPT CASE NO. CESD2O18OOO5375 STATEMENT 9F VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2007-44, as amended, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(lXa). 2. Description of Violation: Observed a newly installed metal building, with electric, on improved occupied commercial property. 3. Location/address where violation exists: I l4 New Market Road E. Immokalee, FL34142. Folio: 63864280003. 4. Name and address of owner/person in charge of violation location: SA Equity Group LLC. 682 I Lake Devonwood Drive Fort Myers, FL 33908. 5. Date violation first observed: April 5th, 201 8. 6. Date owner/person in charge given Notice of Violation: July 3rd,2018. 7 . Date on/by which violation to be corrected: July 3 1st, 201 8. 8. Date of re-inspection: September 1gth,2018. 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for6nqUli6,nearing. Dated this 19th day of September,2018 U,tQ- Steven Lopez-Silvero Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER H*ffiflffi bed berore *'is l( o* "r SeP{ombg1, 20 r 8 by Sle uen Lqoz'S;lve' (Print/TypeiStamp Commissioned Name of Notary Public) Personally known _X_ or produced identification affirmed) a REV 02-09-1 6 Type of identifi cation produced 5.C.7.a Packet Pg. 159 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) Case Num ber: CESD20180005375 Date: July 03,2018 lnvestigator: Steven Lopez-Silvero Phone: 239-877-8141 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SA EQUIry GROUP LLC 6821 LAKE DEVONWOOD DRIVE FORT MYERS, FL 33908 Registered Agent: OQAB ABUOOAB Location: 1 14 New Market RD E Unincorporated Collier County Zoning Dist: C-5-FMOSD Property Legal Description: NEWVIARKET SUBD BLK 45 LOTS 21 THRU 24 Folio: 63864280003 NOTICE Pursuant to Collier County Consolidated code Enforcement Regulations, collier County Code of Laws and Ordinances, Chapter 2, Article lX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, lnspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41 , as amended, Section 10.02.06(B)(1 )(a) The County lManager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are jn 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 bu jlding permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No buildinq or structure shall be erected, moved, added to. altered, utilized or allowed lggigl and/or no land alteration shall be permitted without first obtaininq the authorization of the required permit(s). inspections and certificate(s) of occupancv as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRTPTTON OF CONDTTTONS CONST|TUTtNc THE VtOLATtON(S). Did Witness: Observed a newly installed metal building, with electric, on improved occupied commercial property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): lvlust obtain an approved Site Development Plan / Site lmprovement PIan AND all required Collier County Building Permit(s), inspections, and Ce(iflcate of Completion / Occupancy for said structure to remain gB Demolition permit(s) and request all inspections through Certificate of Completion / Occupancy to remove said structure. ON OR BEFORE: July 31, 2018 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED,N\INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 F AX:239 252-2343lnvestigator Signature 5.C.7.a Packet Pg. 160 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) Stevcri Lopez-Silvero Case Number: CESD201 80005375 Signature and Title of Recipient Printed Name of Recipient rThis violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. 5.C.7.a Packet Pg. 161 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) AFFIDAVIT OF POSTING Respondent(s): SA EQUITY GROUP LLC THE DESCRIpTtON OF THE DOCUMENT(S) pOSTED: [C heck th e a pplica ble docu m ent(s)] XNotice of Violation _Notice of Hearing _Notice of Hearlng/lmposition of Fines _Citation Gode Case Number: cESD201B0oo5375 _Notice to Appear _Code Enforcement Board Evidence packet _Other: I Steven LopeT-Silvero, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s)forthe above respondent(s)at 114 New Market RD E, on Julv 3rd, 2018 (Date), at 10:50am (Time), and at the-Qgllier county courthouse x lmmokalee courthouse.f\t\\ u.rv Steven Lopez-Silvero STATE OF FLORIDA COUNTY OF COLLIER XPersonally known _Produced identifi cation Type of identification produced CommisionlrB8{qq nmres:A[Iil21,2020 goirOcdthru AaronNoBtt (Print, type or stamp Commissi6fieO ttanre ot Sworn to (or affirmed) and ilvero (Name of Notary Public) 5.C.7.a Packet Pg. 162 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) AFFIDAVIT OF MAILING Respondent(s): SA EQUITY GROUP LLC 6821 LAKE DEVONWOOD DRIVE FORT MYERS, FL 33908 OQAB ABUOQAB 6821 LAKE DEVONWOOD DRIVE FORT MYERS, FL 33908 THE DESCRIPTION OF THE DOCUMENT(S) SERVED: [Check the applicable document(s)] X Uoti"" of Violation _Notice of Hearing _Notice of Hearing/lmposition of Fines _Citation _Notice to Appear _Code Enforcement Board Evidence Packet _Other: (Print, type or X Personally known _Produced identification Type of identification produced #*iigsi,sliffbH,*4- l'tll? c.tr sD201 80005375 Nov sL #1 I ?ffiiiltE'lEllrus&'DR,E HT ET Irl =[rl, lrtlolE EI Etmr! rC utrftrtrr I Maria lzbicki, Code Enforcement Official, hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent First Class U.S. Mailto the above respondent al6821 LAKE DEVONWOOD DRIVE FORT MYERS, FL 33908, on _July 3,2018_(Date), at _3:26pm_ (Time). tJl ru (of Enforcement Official) 5 Maria lzbicki Ir Jr-ru STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this _3rd_ day of _July_, 2018_ by Maria lzbicki (Name of person making statement) Postmark Here Gode Case Number: CESD20180005375 l6[icii{G66iloo"ut'):{ra DeIvreE. e ' --- 'A:;;. Receiot (hardcoPy) $ "[n"tr.n"""ipt1"t""tt:':^,,..-^, Z- -:-H."ni'*,"'i*"'t'ctedDerivery l-"[naun signaru'" a"o:]-:i^ "",,,"- \ ---- r:l EIoE trlmr-rjl 5.L^r-.-. lzl 6F7i,iF,.6i{17G6fu'oP'iate)ixtraserytoeso''"-'_ S - ERelurnReceipt(FardcoPyr, ;- - l--l neturn RecetPt lereuu"'"-' fil"n**""u*ou'"1::,o""o l. EAdu[ Signalure Beq:'"-".:, ^.,,".- ; -- "nili;[r'"" """"' Notary Public) t 5.C.7.a Packet Pg. 163 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) 10.02.06 Requirements for Permits B. 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 permlts. The County Manager or hls designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any wriften authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted wrthout flrst obtaining the authorization of the required permit(s), inspections and certiflcate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteratron permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction 5.C.7.a Packet Pg. 164 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) rNSTR 548181_6 0R 5457 DWIGHT E. BROCK, CLERK Doc@.70 $3,248.00 REc coNS $464,000.00 PG 349 RECoRDED L2/LL/20L7 4:54 PM PAGES 4 OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA $35.50 rNDX $1.00 t This instrument prepared by-: KEVIN F. JURSINSK] KEVIN F. JURSINSKI, P.A. 15701 S. Tamiami Trail Ft. Myers, Florida 33908 Property Appraisers Parcel ID Number(s): TIIIS INDENTURE, Made tnis XBSaay of ?[O U . . zotz, BETWEEN whose address is Grantor, and LLC, a Florida limited is: Grantee. WITNESSETH,Grantor, for tion of the sum of TEN DOLLARS and 00/XX ($10.00 the receipt whereof is hereby acknowledged, has granted,their heirs and assigns forever, the following described land, situate,of Collier, State of Florida, to-wit: Lots 1-7, inclusive, and Lots 2l-26, inclusive, all in Block 46, Newmarket Subdivision, according to the map or plat thereof recorded in PIat Book LBg.re-1!14, Public Records of Collier County, Florida. and Lots 1-36, inclusive, Block 45, Newmarket Subdivision, according to the map or plat thereof recorded in PIat Book 1. Page 104, Public Records of Collier County, FIorida. The property is not the homestead of the Grantor; it does not adjoin the homestead of the Grantor; no member of the Grantor's family resides therein. And the Grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. o&ZU.+JLtoel t bSlY-4aB oob3t l.o3tY.43bO q WARRANTY DEED Immokalee Produce Center, LLC, a Florida limited nl ia company, o, 6821Lake $l Fort Myers, FL hand paid by 5.C.7.a Packet Pg. 165 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) oR 5457 PG 350 Subject to easements, restrictions and reservations of record nd 2017 taxes and subsequent years. Together with all the tenements, hereditaments and appudenances thereto belonghg or in anl"wise appertaining. . To have and to hold, the same in fee simple forever. IN WITNESS WHEREOF, The Grantor has hereunto sworn to and acknowledged and set her hand and seal the day and year first above written. Signed, sealed and delivered in the presence of:Immokalee Produce Center, LLC, a Florida limited liability company Witness signature Witness printed name Witness Immokalee Produce Center Eoldings, LLC, a Florida limited liability company Witness signature Us" |ladn'x Ker,*FSlestnslcf Witness printed name As its: Manager Member By: Serafin Rodriqez As its: Manager Witness printed name #".as 3-\ *lt /./-Ci4- \ 4z'L:r*rr\ -tl;7aE rdP Witness printed name \ru- Ah/d,t* 5.C.7.a Packet Pg. 166 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) oR 5457 PG 351 Keu ,, F f,u ns,nsli , Witness printed name STATE OF FLORIDA COUNTY OF LDE S & A Enterprises of Immokalee, LLC, a Florida limited liability company officer duly authorized in the State by Serafin Rodriquez, as Menager (or who executed the foregoing instrument and Th€ for€going snd County aforesaid, to rake Member of has prcduced who did take an oath. MTNESS my hand ,20I't. lasl aforcsaid tt,is 286 auy or My commission Expire "' l- 16-Al Witness signarure By: Serafin Rodrique Witness printed name Witness signature #!ts*!q$i* As its: Manager 5.C.7.a Packet Pg. 167 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) *** oR 5457 PG 352 *** STATE OF FLORIDA COUNTY OF LEE Immokalee Produce Center Holdings, LLC, a Florida limited liability company, by Serafin Rodriquez, as its Manager Member, wh+is4ersooalJy-knoryn to me (or who has produced as identification) and who executed the foregoing instrument and who did take an oath i'e SS: The foregoing instrument was sworn to and ack4_owledged before me, an offrcer duly authorized in the State and County aforesaid, to taie acknowledgments, this15 aay otn-O].]-, ,2017,by Serafin Rodriquez, as Manager of WITNESS my hand and official seal in the ,2017. and. State last aforesaid th 'i, 2#auy or ir;;;6;;di. k,. _ eo ap/ a3 My Conmission Expires: STATE OF FLORIDA COUNTY OF LEE The foregoing i: and County afolesaid, to take and of me, an officer duly authorized in the State , by Serafin Rodriquez, as Manager S & A (or who has produced the foregoing instrument and who did take an Torr, , ro,I't*"t mv hand and oflicial seal in the County and State last aforesaid tnis ?9R Oay of My Commission Expires: t - ,6'a/ [TffiIL:]lj:, (-,;+ $e4 i,r;;t6;#;i", i..r" 6rasolcg USAHRTDR'X MY CoMM'sstott il cG 050100 D(PIRES; Jaru8ry IS, Z02i &ndod Tfu, Nobry tublc Undftvrit n rlx -t5-? ll*.' /^)r L1/ Enterorises of Immokalee. LLC. a Florida I ?la dmws 9)c, * oath. 5.C.7.a Packet Pg. 168 Attachment: CESD20180005375 SA EQUITY GROUP LLC IOF (7066 : CESD20180005375 SA Equity Group LLC) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7068) DOC ID: 7068 Updated: 10/16/2018 11:22 AM by Helen Buchillon Page 1 CEPM20160010841 Community Association for Mill Run and Stonegate Inc Imposition of Fines CASE NO: CEPM20160010841 OWNER: Community Association for Mill Run and Stonegate Collier County Inc OFFICER: Colleen Davidson VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Section 22-228(1) and Section 22-240(2)(c). Failure to maintain lake/storm-water management retention by allowing silt and rocks to alter the slope and configuration of the lake. FOLIO NO: 29517500100 VIOLATION NO SITE ADDRESS ADDRESS: 6.C.1 Packet Pg. 169 CODE ENFORCEMENT . COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD oF coUNry coMMlSSloNERS, Case: CEPM20160010841 COLLIER COUNTY, FLORIDA, Plaintiff, vs. COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY lNC., Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 AM PLACE: 3299 Tamlami Trail East Building F, Naples, FL 341 12 VIOLATION: Legacy Structures/Unimproved - Grading 22-22e() and 22-240(2)(c) LOCATION OF VIOLATION: NO SITE ADDRESS, FOLIO NO. 29517500100 SERVED: COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY 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 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTHA DLSABILIIY WHO NEEOSANY ACCOMMOOATION IN ORDER TO PARTICIPATE INTHIS PROC|EEOING. YOU ARE ENTITLEO, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE COITTACT THE COLLIER COUNTY FACIIITIES MANAGEMENI DEPARTM ENT LOCATEO AT 3301 EAS'T TAM IAMI TRAIL, MPLES FLORIDA 34112 (239)7743800r ASSISTEO LISTENING DEVICES FOR THE HEARING IMPAIREO ARE AVAILABLE lN THE COUNTY COMMISSIONERS'OFFTCE enlendimienlo @n las comunicaciones d€ €sl6 €v6nlo. Por lrrcr tEigE su prcpio tEdudoi AvBtismsn - IoLl odisyon yo fel an 5ngE. Nou pan gin moun pou fa lEdiksyon. Sl ou pa pal6 angl6 tanpn vini av6k yon inlaprdt pou pal6 pou{u. 6.C.1.a Packet Pg. 170 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : INSTR 5522453 oR 5485 PG 2797 RECoRDED 1/L2/2O18 9:11 AM PAGES 4 DWIGI{T E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $35.50 Code Enforccment Board, having heard appropriatc mancrs, hereupon issues L Rcspotrdcnt, Commu the subject property. COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CEPM20l600I084l BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petltloner, vs. COMMT'NITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COIJNTY INC., Rcspondent. I THIS CAUSE came on for public Board on February 22, 2018, and the and heard argumcnt respective to all Enforcement Board, as follows; County Inc,, is the owner of and the Codc EnforcementRespondcirt was notifi ed Board has jurisdiction of 3. At the hearing,which is attached hercto as Exhibit "A". The Stipulation ii ordered to comply. Board and the Respondent is 4. The real property locatcd at NO SITE ADDRESS, Folio No.29517500100 (Legal Descriprion: CROSSINGS THE, STONEGATE TRACT A OR 1432 PG 44) is in violation of the Collier County Code of Laws and Ordinances, Chaptcr 22, Articlc VI, Section 22-228( l) and Section 22-240(2Xc) in thc following particulars: Failure to malntaln lake/storm-rvrter management reieIttlon by allowlng sllt and rocks to alter the slopc and con[iguration of the Iake 5. Thc violation has not been abated as ofthc date ofthe public hearing. ORDER _ Bascd upon the foregoing Findings ofFact and Conclusions ofLa%and pursuant to the authority granted in Chapter 162, Florida Statures, and Collier Counry Ordinance No,2O07-44, as amc;ded, it is hereby ORofnlfD: A. Rcspondeht is found guilty ofviolating Collier County Code ofLaws and Ordinances, Chapter 22, A(icle VI, Section 22-228( I ) and Section 22-240(2Xc). B. Respondcnt must abatc all violation(s) by obtaining all requircd permit(s) or Demolition permit, Inspection(s), and Cenificate ofComplction/Occupancy to rcstore and maintain the lake and embankments as originally permitted and dcsigned as stated in PUD ordinance 88-25 on or before Mly 23, 20I8 or a fine of$100.00 per day will be imposed for each day the violarion(s) remains rhereafler. 6.C.1.a Packet Pg. 171 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : oR 5485 PG 2798 IfRespondent(s) fails to comply with lhis Order, Collier County may abate the violation using any mcthod(s) to bring the violation(s) into compliance and may usc the assistance ofthe Collier County Sherilfs Office to cnforcc thc provisions ofthis ordcr and all costs ofabatcment shall be assesscd to thc property owner. Respondent is ordered to pay operational costs for Ihe prosecution ofthis case in thc amount of$59.84 on or b€forc March 24,2018. Rcspondent shall notify the Codc Enforccmelt Investigator ofthis casc within 24 hours of abatemcnt or compliance so that a final inspcction may be pcrformed to confirm compliance. DONE AND ORDERED ahis 26th day ofFebruary, 2018 ,( Collier County, Florlda. STATEOFFLOzuDA ) . )ss: COUNTY OF COLLIER) Thc foregoing instrument was 2018, by Robert Kdufman, Chair , Florida, rvho is _X_ personally known to me as idcntification. PAYMENT OF FINES: Any fines ordercd to be-PAYMENT OF FINES: Any fines ordercd to belqudfraattdlhis Order may be paid at the Collier County Code Enforcement Dcpdrtment, 2800 Noflh Horscshoe Drivc, Naplcs, FL 34104, Phore: (239) 252-2440, Websile: wwrv.collicrgov,nct. Any rclcase of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis Order may also be obtained at this location. CERTIFICATE OF SERVICE D. APPEAL: Any aggrieved party may appcal a fina! order of the Board to the Circuit Coun within thirry (30) days of thc execution oflhe Order appealed. An appeal shall not bc a hcaring dc novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appcaling pany to obrain a transcribcd record ofthc hearing from the Clcrk ofCouns. Filing an Appeal willnot automatically stay the Board's Order. I HERiBY CERTIFY that a true and coEcct copy ofthis ORDER has becn senr by U. S. Mail to Community Association for Mill .R.un ind Slonegate Collicr County Inc at tO44 Castello Dr. Ste 205, Napl€s, FL 34 t03 this 26s day ofFebruary, 2018. 6.C.1.a Packet Pg. 172 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : oR 5485 PG 2799 .t' ,. ., State ol Flonoa County of COLLIER 6.C.1.a Packet Pg. 173 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : *** oR 5485 PG 2800 +** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs, Community Association for Mill Run & Stonegale Collier County lnc Respondent(s), Failure to maintain configuration of the lake. THEREFORE, it is agreed TION/ co NOW, the ned,h on behalf of himself or for Respondent and enters into this Stipulation and Agreement wlth Collier Counly as to the resolution of Notices of Violation in reference (case) number CEPM20160010841 dated the 27th day of Febru ary,2017. ln consideration of the disposition and resolulion of the matters oulfuned in said Notice(s) of Violation for which a hearing is currently scheduled lor February 22,ote efficiency in the administration of lhe code enforcement processi and to obtain a qutck of the matters oullined therein the parties hereto agree as follows:1) The violations noted in the 1) Pay operational costs in days of this hearing. 2) Abate all violalions by: Obtaining all required inspections, and Cerlificate of Completion/Occupancy to restore embankments as originally permttted and designed as stated in PUD Ordinance of this hearing or a fine of $100.00 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 lnvestigator perform a site inspection to confirm compliance. (24 hourt nolEe shall be by phoE orrax End made dunng lh. wortrlcl lithc vlol.llon rs abat.d ?,1houE pnor to a Sato.day, Sunday or legalhohday, thenth. nolncal on mult b€ made.on thc nen day that 15 not a Saturday, Sundry o. tegathotday ) 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. for Michael Ossorio, Director Code Enforcement Oivision ^" #2lro/< 2 -zz-zat8 Date 46 Case No. CEPM2o160010841 and I stipulate to lheir existence. silt and iocks to alter the slope and of this case within 30 Respondent or Represen{-ative (print)Dale REV 3-29-16 6.C.1.a Packet Pg. 174 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COT NTY COMMISSIONERS, Petitioner vs. CEB CASE NO. CEPM2Ol6001084I COMMI]NITY ASSOC FOR MILL RUN & STONEGATE COLLIER CTY INC, SOUTHWEST PROPERTY MGMT, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Colleen Davidson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 22,2018, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5485PG2797 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 24,2018. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No permits have been applied for. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of May,20l8. STATE OF FLOzuDA COUNTY OF COLLIER bed before me this 24th day of May, 2018 by Colleen Davidson '$ry"':*, *,,*-*fl,ffisou X.-:. ,t*fS Erihes:AP,il21, 2o2o a""+ ;'dif,.s qoil;d tnnr Anron llotat(Print/Type/Stamp Commissioned Name of Notary Public) Personally known J COLLIER COUNTY, FLORIDA Code Enforcement Offi cial Davidson 0ooF,ENpon 6.C.1.a Packet Pg. 175 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COLNTY BOARD OF COLINTY COMMISSIONERS, Petitioner vs. CEB CASE NO. CEPM2OI6OO1O841 COMMLINIry ASSOC FOR MILL RUN & STONEGATE COLLIER Cry INC % SOUTHV/EST PROPERTY MGMT, Defendant(s) AF'FIDAYIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Colleen Davidson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 22, 2018, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5485 PG_27n_- et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on August 10, 2018. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by restoring and maintaining the lake and embanlanents as originally permitted and designed as stated in PUD Ordinance 88-25. FI-IRTHER AFFIANT SAYETH NOT. DATED this 20th day of August,2018. STATE OF FLORIDA COLINry OF COLLIER Sworn before me this 20th day of August, 201 8 by Colleen Davidson .'Nr\';'r,%*-1''llo,,,?,llL11so' ffimlr*lmnl'a(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { COLLIER COUNTY, FLORIDA Code Enforcement Offi cial 6.C.1.a Packet Pg. 176 Attachment: CEPM20160010841 COMMUNITY ASSOCIATION FOR MILL RUN AND STONEGATE COLLIER COUNTY INC IOF (7068 : Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7069) DOC ID: 7069 Updated: 10/16/2018 11:34 AM by Helen Buchillon Page 1 CESD20150001965 Fernandez Imposition of Fines CASE NO: CESD20150001965 OWNER: Fabricio Fernandez and Allison J Fernandez OFFICER: Boris Molina VIOLATIONS: Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(a). Addition added to the existing structure without first obtaining the proper Collier County Building Permits. FOLIO NO: 36457240005 VIOLATION 5472 32nd Ave SW, Naples, FL ADDRESS: 6.C.2 Packet Pg. 177 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: CESD20150001965 FABRICIO FERNANDEZ AND ALLISON J FERNAN.DEZ, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME:09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(8)(1Xa) and 10.02.06(BXlXe) LOCATION OF VIOLATION: 547232nd AVE SW Naples, FL SERVED: FABRICIO FERNANDEZ AND ALLISON J FERNANDEZ, Respondent Boris Molina, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNW CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Te lepho ne IF YOU ARE A PERSON WTH A DISABILI'iY VIIIO NEEOS ANY ACCOMMODATION IN ORDER TO PARTIC]PATE IN IHIS PROCEEOING. YOU ARE ENTITLEO,AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACI IHE COLLIER COUNTY FACILITIES MANAGEM ENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)2448m: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIREO ARE AVAILABLE lN THE COUNry COMMISSIONERS'OFFICE edendimienlo @n las @Dunic6cion.s ds €ste evento. Por farcr lrdiga su poP o tEducld. Aveusman - Tout odtsyon yo fdt an anqta. Nou pan gin moln p@ te radiksyon Si ou pa pal6 angld lanpd vini avek yon intdPdt Pou Pal6 pou{u. 6.C.2.a Packet Pg. 178 Attachment: CESD20150001965 FERNANDEZ IOF (7069 : CESD20150001965 Fernandez Imposition of Fines) INSTR 5534206 oR 5493 PG 3298 RECoRDED 4/4/20!8 9:44 At{ PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC s27. O0 COLLIER COUNTY CODE ENFORCEMENT CODE ENT'ORCEMENT BOAR.D Case No. - CESD20150001965 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitlorer, v3, FABRICIO FERNANDEZ AND ALLISON J. TERNANDEZ Respo[dent. THIS CAUSE came on for public Code Enforcement Board, having heard appropriate matters, hoteupon issues l. Respondent,Fabricio Respondent wa.s notifi ed Board has jurisdiction of At tlre hearing, Respondent3. Board on March 22, 2018, and the and heard argument respective io all Enfolcement Board, as follows: of tbo subject property. and the Code Enforcement which is attached hercto as Exhibit "A". The Stipulatiou Board and the Respondent is ordered to comply, 4. The real property located at 5472 FL 341 16 Folio No. 36457240005 (Legal Descriptior: GOLDEN GATE UNIT 7 BLK I OR 1596 PG 1438) is in violation of the Collier Counry Laod Development Code, 04-41, as amended, the following particulals: Sections 10.02.06@)(l )(e) and 10.02.06@)(1)(a) in Addition sdded to the eristlng structure without lirst obtsiriog tbe proper collier couuty Buflding Permlh. 5. The violation has not been abated as ofthe date ofthe public hearing' ORDER Based upon the foregoing Findings ofFact and conclusions oflaw, and pursuaut to the autholity-gra[tod in Chaptcr I 62, Flo;d8 Statutesl anJCollier-County Ordimnce No.2007-44, as amende4 it is heteby ORDERED: A. Respondont is found guilty ofviolating Cotti€! County Land Developmeot Code' 04-41' as amcnded' Sections 10.02.06(8)(l)(e) and 10.02'06@)(1)(a)' B. Respondent must lbate all violation(s) by obtsinir8-all required^Collier County Building P-crrDitG) or -De;lition Pcrmit, Inspeaions, and-Certificate of Completior/Oecuparcy on or before Msy 2l' 20lE or a lire of$250'fi1 per day will be imposed for each day the violation(s) remains thereaffer' C. Respondent must abate all violation(s) by ceasing therrse ofthe unpermi$ed struchre for living putposes and discormect all utilities on or beioie i{8rch '3,2018 or t linc of $250'00 per day will be imposed for each day the violation(s) remaios theresfter' ORDER OF THE CODE ENFORCEMENT BOAR.D as an Order ofthe 6.C.2.a Packet Pg. 179 Attachment: CESD20150001965 FERNANDEZ IOF (7069 : CESD20150001965 Fernandez Imposition of Fines) oR 5493 Pc 3299 E. F, IfRespondeD(s) fails to comply with this Order, Colliel Couoty rnay abate the violation using aoy merhod(s) to briog the violatioo(s) into c.mpliance aDd dlay use the assistance ofthe Collier County Sh€riIls Office to eDforce the provisioDs ofthis order aod all costs ofabatemeot shall be assessed to the propErty owner. Respondent is ordered to pay operational costs fol the prosecution ofthis case in the aDount of$59'70 Otr or before Aprll2l, 2018. Respoodent shall notiry the code Enforcement tnvestigator ofthis csse within 24 houls ofabatement or compliancc so that a final inspection rnay,Be performed to confirm compliance. DoNE AI\ID ORDEnfn ttisS"y of March,20l8 st Collier County, Florida' , FLOzuDA STATE OF FLORIDA ) )ss: cotNTY OF COLLIER) Thc foregoing instrumeDt was 2018, by Robert Kauftnan, Chair _X_ peNonally know, to me , Florida, u,to is as identification. PAYMENT OF FINES: AIy fines ordered to be paid pursuaot to this order may be paid at thc collier county Code E"f"r""**t D"p"rt.""t, 2ti00 Noih Honeshoe Drive, Naples, FL 34104, Phoue: (239) 252-2440, Website: www.colliergov.net. Any release of lien or confrDation of compliance or confirmation of the satisfaction of the obligations ofthis Ordei rD8y atso be obtained at this locatiorl AEBEAII: Any aggrieved party rnay appeal a finel older of the Board to the Circuit Court wilhin thirty (30) days of lffiiiion oitfiOr4er appeated.'Ao appeal shall not be a hearing de novo, but shall be limited io appellate review of the record created-withio the originol hearing. It is the responsibility of the app€alilg patty,to obtaio a transcribed record ofthe hearing from the Clerk ofCourts. Filing an Appeal wiUnot automatically stay the Board's Order. CERTIFICATE Otr SERVICE I IIEREBY CERTIFY that a ttue and corect copy of this OP'DER has bgelsent by U S Msil to Fabricio Femandez and Atlison J. Fernandez at 54Ji:z' e'" sw N"pf"s, FL 341 16 thist@ day ofMarch' 2018' State ol tlonoa County of COLLIER is a trus and file in County this CODE ENFORCEMENT BOARD rHEREBYqffiifFv corred,dey Pf b dS COU 6.C.2.a Packet Pg. 180 Attachment: CESD20150001965 FERNANDEZ IOF (7069 : CESD20150001965 Fernandez Imposition of Fines) *** oR 5493 PG 3300 r*i 5c4 4q BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Fabricio Fernandez & Allison J Femandez Respondent(s), case No. eEs!2q!80q-905 STIPULATION/AGREEMENT COMES NOW, the undersigned, Fabricio Femandez, on behalf of himself and Allison Fernandez as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20150001965 dated the 1st day of Sepiember, 201E. ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation lor which a hearing is currently scheduled for March 22, 2O1Ai to promote efficiency in the administration of the code enforcement processi and to obtain a quick resolution of the matters outlined therein the parties hereto agree as follows:1) The violations noted in the and I stipulate to their existence. Addition added to the existing Collier County Building Permits. THEREFORE, it is agre€d between 1) 2l Pay operational costs in days of this hearing. Abate all violations by: 1. Obtaining all required Permit, inspections, and Certiticate of Completion/or a fine of $ 250.00 per day will be imposed until the 2. Must cease using the and disconnect all utilities within 24 hrs of this hearing or a fine of $250.00 per imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. e4 bur. nouc. lhsrt b. b, phon€ o. lsx €nd ,rad. ddng lhr 'iortwEt. l, lho vro6&o a a!€bd 24 noar3 trir to a $!rd.y. sundsy Lgal fdldaY. ll'ln th. mt(icdlon muil bs mads on rh. mn day ilt.t i! nol a s!tudry, $nday o. llgsl holl(|ay,) 4)That if the Respondent fails to abate the violation the County may abate lhe violation using any method to bring the yiolS{idp into compliance and may use the assistancj-lotlhEcollier County Sheriffs Office to enforce ofthis agreement and all costs of alatfmenl sh/ll be assessed tollDe property or Representatrve (sign)Christopher Ambach, Supervisor for Michael Ossorio, Direclor Code Enforcement Division)f,' *' Date of this case within 30 slzt f un Date with 60 days REV 3,29-16 ResFondent or Representative (print) 6.C.2.a Packet Pg. 181 Attachment: CESD20150001965 FERNANDEZ IOF (7069 : CESD20150001965 Fernandez Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COIINTY BOARD OF COLTNTY COMMISSIONERS, Petitioner vs. CEB CASE NO. CESD2O15OOO1965 FERNANDEZ, FABRICIO ALLISON J FERNANDEZ, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLTNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Boris Molina, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 22,2018, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain all required Collier County Building permit(s) or Demolition Permit, Inspections, and Certificate of Completion/Occupancy on or beforeMay 21,201g, and abate all violation(s) by ceasing the use of the unpermitted structure for living purposes and disconnect all utilities on or before March 23,2018 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5493 PG 3298. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on May 23,2018. 4- That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Permit has not received a certificate of completion. FURTFIER AFFIANT SAYETH NOT. DATED this 12tr'day of June, 2018. COLLIER COLTNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COI.INTY OF COLLIER ,20(by Boris Molina OannY Bhnco Hffiiill#JitrI(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { Code Enforcement Official ribed before me this [f, day of trU rre 6.C.2.a Packet Pg. 182 Attachment: CESD20150001965 FERNANDEZ IOF (7069 : CESD20150001965 Fernandez Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7070) DOC ID: 7070 Updated: 10/16/2018 11:47 AM by Helen Buchillon Page 1 CELU20180001084 Telfort Imposition of Fines CASE NO: CELU20180001084 OWNER: Judith Telfort OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances. Chapter 54, Article VI, Section 54-179 and Collier County Land Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. Outside storage and/or litter consisting of but not limited to: furniture, bed frames, tables, chairs, cardboard boxes, foam, tarp, metals and plastic. FOLIO NO: 77214040009 VIOLATION 158 5th St, Naples, FL ADDRESS: 6.C.3 Packet Pg. 183 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20180001084 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUDITH TELFORT, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/26/2018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION:Land Use - Generally 54-179, 1.04.01(A) and 2.02.03 LOCATION OF VIOLATION: 158 5TH ST, Naples, FL SERVED: JUDITH TELFORT, Respondent Jonathan Musse, Issuing 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avètisman – Tout odisyon yo fèt an anglè. Nou pan gin moun pou fè tradiksyon. Si ou pa palé anglè tanpri vini avèk yon intèprèt pou palé pou-ou. 6.C.3.a Packet Pg. 184 Attachment: Notice of Hearing (7070 : CELU20180001084 Telfort Imposition of Fines) rNsTR 5551775 oR 5506 PG 1638 RECoRDED 5/7/2OLB 8:57 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $27.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - CELU20180001084 BOARI} OF COI'NTY COMMISSIOI'ERS COLLIER COLINTY, FLORIDA, Petitioner, vs. JIJDITII TELFORT, Respondent ORDER OF THE CODE ENFORCEMENT BOARI) THIS CAUSE came on for public Code Enforcement Board, having heard appropriate mattars, hereupon issues l. Respondent, JUDITH 2. Respondent was notified Board has jurisdiction 3. At the hearing, the Stipulation is adopted as an comply. 4. The real property located at 158 5s TRAIL ACRES BLK 5 LOT 33) is in Board on April27,20l8, and the and heard argument respective to all Enforcement Board, as follows: and the Code Enforcement hereto as Exhibit'A". The the Respondent is ordered to Folio No. 77214040@9 (Legal Description: County Code of Laws and Ordinances, Chaptcrviolation 54, Article VI, Section 54-179 and Collier County Land Development Cod€, 04-41, as amended, Section 1.04.01(4) and Section 2.02.03 in the following particulars: Outside slorsge end/or lilter consisting of but not limlted to: furniture, bed fremeq tables, chalrs, cardboard bores, foauq tarp, metals, plastics, etc. 5. The violation has not been abated as of the date of the public hearing. ORI}ER Based upon the foregoing Findings ofFact and Conclusions ofLaw, and pursuant to the authority granted in Chapter I62, Florida Statutes, and Collier County Ordinauce No.2007-44, as amended, it is hereby ORDERED: A. Rcspondent is found guilty of violating Collier County Code of [aws and Ordinances, Chapter 54, Article VI, Section 54-179 and Collier County Iand Development Code, 04-41, as amended, Section 1.04.01(A) and Section 2.02.03. B. Respondent must abate all violations by removing all unauthorized materials from the Property or store items within a completely enclosed permitted structure on or before May 11,2018 or s fine of $100.00 per dry will be imposed for each day the violation(s) remains thereafter. ofFact and Order Code Enforccment into a 6.C.3.b Packet Pg. 185 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) oR 5506 PG 1639 C. If Respondetr(s) faits to cornPly with this otder, Cotlier County may abat€ the violation using aoy merhod(s) to briry the violation(s) into compliancs aod r|ay us€ the assistance ofthe collier county Sherifs Offica to cnforce the provisions ofthis order and all costs ofabatement shall be atsessed to the property owner. D. Rsspotdent is ordercd to pay operational costs for $c prosecution of this case in the amount of $59.63 oll or before Mey 27, 2018. E. Respond€nt shall notiry the Code Enforaement Invostigator ofthis case within 24 hours ofabatement or compliance so that a final inspection may be performcd to confirm compliance. DONE AND ORDERED fhir 306 dsy of April, 2018 !t Colter County' Florlds. , FLORIDA STATEOFFLORIDA ) )ss COUNTY OF COLLIER) The foregoing instrumcnt rvas 2018, by Robert Kautusn, Cbait , Florida, who is _X_ p€rsoually knonn to me as ide[tification. .\\$*{a ,?n#S rriluly PAYMENT OF FINES: Any fises ordercd io be Order msy b€ paid at the collier County Code EnforcemeDt Departnent, 2800 Nonh Horseshoe Drive, Naples, FL 34t04, Phone: (239) 252-244O, W6site: www.colliergov.n€t. Any releasc of lien or confirmatiol of compliance or confirmation of the satisfaction of the obligations of this Ord€r m8y also be obtained at thi$ locstion. AIPEAL: Any aggrievod party may appeal a final order ofthe Board to the Circuit Coun within thirty (30) days of the execution of the Order lppcsled An appeal shall not be I hearilg de novo, but shall be limited to sppcllat€ review ofthc record create.d within thc otiginal hearing. It is rhc resporuibility ofthe appealilg patty to obtsin a traoscdH record ofthe hcaring from the Clcrk of Couts. Filing an Appeal will not automatically stay the Board's Ordcr. CERTITICATE OF SERVICE I HEREBY CERTIFY that a true and corcct copy ofthis ORDER has becn senl by U. S. Mail to Judith Telfort at I58 56 ST Naples, FL 34t l3 this 30dl day ofApril 2018 State ol Florida County of COLLIER trJ Naples, ial CODE ENFORCEMENT BOARD 6.C.3.b Packet Pg. 186 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) *** oR 5506 PG 1640 rrr to enforce owner. dent or Represe BOARD OF COUNry COMMISSIONERS Collier County, Florida VS Case No. CE1U20180001084 Judith Telfort Respondent(s), STIPULATION/AGREEMENT COlilES NOW, tha undersigned, Judith Telfort, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the rosolution of Notices of Violation in reference (case) number CE1U20180001084 dated the 76 day of February, 2018. ln consideration ot the disposition and resolution of the matlers outlined in said Notice(s) of Violation for which a hearing is cunently scheduled lor Apil 27n,2018; to promote efficiency in the administration of the code enforcement process; and to obtain a quick resolution of the matters outlined therein the parties hereto agree as follouls:1) The violations noted in the referen rate and I stipulate to their existence. Outside storage and / or litter fumiture , bed frames, tables, chairs, cardboard boxes, foam, tarp, THEREFORE, it is agreed between #1 1) Pay operational costs in the days of this hearing. 2) Abate all violations by: Removing all unauthorized m ms within a completely enclosed permitled structure within e of $100.00 per day will be imposed until lhe violation is abated. 3) Respondent must notify Code Enforce rs of abatement of the violation and request the lnvestigator perform a sile inspection to confirm compliance. 04 nouE nooc. lhall b. by phom d ru .rx, m.d. ddng lhe xlql$,!d( [ lh. vbldiofl l! .b.Ld 2{ hdB p.kr to . S.tunlty, SuflLy d l.!!l holiday, licr! ltE mtfcatin musl bc m.dc on rh. ll.t d.y tl.r b not a S.lud.y. Sl,ldey o. l.gC holidar.) 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 Sheriffs Offlce n of this case within 30 of this agreement and all costs of abatoment shall be assessed to the property Respondent or Re presentative (sign)Jc".-*r q ? ff!*ho\for Code Enforcement Oivision Ossorio, pervEor Direclor Ll 2t /?, I of but not lim of Violatio m the property of this heari Date REV 3-2S16 Petitioner, |i -?."^ t,5 6.C.3.b Packet Pg. 187 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENF'ORCEMENT BOARD CEB CASE NO. CELU2OISOOOIO84 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner TELFORT, JUDITH, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on April27,20l8, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) 14s !n violation as stated in the Order recorded in the public records of Collier County, Florida in OR gooi(5S06PGJ6g 2. That the respondent did not contact the investigator 3. That a re-inspection was performed on May 141h,2018. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Illegal outside storage remains on the property. FI]RTHER AFFIANT SAYETH NOT DATED this l4th day of May, 2018 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jonathan Code Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to before me this (Print/Type/Stamp Commissioned Name of Notary public) Personally known { 3 I day of May, 2018 by Jonathan Musse Ulelll uL{l0t Conunishn# tfltrll5qr Erpires: Apil?J,2A2G Eorded thru Aamn llolai' ofN 6.C.3.b Packet Pg. 188 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) Gs"',(<Lq 70/6ooar o{ q I 7- 2,-/ 7 bl ,, r) )rd,/J \-- . /2r, [e/ (ot /e tO ry,? A -P /.1' I e/..7 uL4 O l/h e o.1 o (-z< > P,e >b/ "2 k la" he ?.1 hle r tle* L { a(q-,< 9-e ?1.1 .A /r'^t f,eA LrTd s f.t ^ Zu 4 1D RECETVED )uL 20 frfi o L-<a l.h e t, a O tg a)ft' -/a -7 r 7 \,4.'\ ,'L-A I i,(7an1< ,//qfc h t-L.,^ I \ [7t n h2i-) 7 €<, ct t1/, ,-lv( /"-44 il 1 'fh^ 7l?t 4zz-eqt'+ *o/ / /r, )9 ? 6.C.3.b Packet Pg. 189 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) vs. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU2O1EOOO1OE4 COLLIER COTINTY BOARD OF COLINTY COMMISSIONERS, Petitioner TELFORT, JUDITH, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COLTNTY OF COLLIER BEFORE ME, the undersigrred authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1 . That on April 27 , 201 8, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5506_pG_!_63& et. seq. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August1,2}lg. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by removing all the unauthorized materials from the property. FURTHER AFFIANT SAYETH NOT. DATED this 2nd day of August,20tg. COLLIER COLINTY, FLORIDA CODE ENFORCEMENT BOARD Code Official STATE OF FLORIDA COLINTY OF COLLIER Sworn to ( (Signature before me tm, fd day of Augus 12olgby Jonathan Musse ,)',ffi$tr*'ffi" (Print/Type/Stamp Commissioned Name ofNotary Public) Personally known { 6.C.3.b Packet Pg. 190 Attachment: CELU20180001084 Telfort IOF (7070 : CELU20180001084 Telfort Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7071) DOC ID: 7071 Updated: 10/16/2018 3:59 PM by Danny Blanco Page 1 CELU20160010501 Piccirilli Est Imposition of Fines CASE NO: CELU20160010501 OWNER: Anthony V. Piccirilli EST OFFICER: Colleen Davidson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), Section 2.02.03, Section 10.02.06(B)(1)(a) and Section 10.02.06(B)(1)(e)(i). Unpermitted alterations to the carport structure resulting in residential use of industrially zoned property. FOLIO NO: 249120000 VIOLATION 1891 Elsa St, Naples, FL ADDRESS: 6.C.4 Packet Pg. 191 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. ANTHONY V PICCIRILLI EST, Respondent(s) Case: CELU20160010501 TIME: NOTICE OF HEARING RE: MOTION FOR IMPOSITON OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 341 12 VIOLATION: CO Required ATF Permits 1.01.01(A), 2.O2.03, 10.02.06(8)(1)(a) and 10.02.06(B) (1)(eXi) LOCATION OF VIOLATION: 1891 Elsa ST, Naples, FL SERVED: ANTHONY V PICCIRILLI EST, 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 and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violatorc have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSONWTHA DISABIL'TY WHO NEEDS ANY ACCOMMODATION IN OROER TO PARTICIPATE IN THIS PROCEEOING, YOU ARE ENT]TLEO,AT NO COST IO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONIACT THE COLLIER COUNTY FACILITIES MANAGEMENT OEPARTM ENT LOCATEO AT 3301 EAST TAMIAMI TRAIL, NAPLES FLOR1DA 341]2 (239)774{8M: ASSIS'TEO LISTENING DEVICES FOR THE HEARING IMPAIREOAREAVAILABTE IN THE COUNTY COMMISSIONERS'OFFICE e.t6ndimi6nto @n las @municaciones d6 est€ sverlo. Por tuvor iraiga su propio rraducroL A!€tjsman - Toln odisyon yo lel an an9l6 Noo pan gin moun p@ fe tradiksyon. Si o! p6 pale angB tanpn vini avdk yon intdpdt pou par6 pou-ou. 6.C.4.a Packet Pg. 192 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) rNsTR 5363925 oR 5359 PG 3955 RECoRDED 2/3/2017 10:14 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORTDA REc $27,00 COLLIER COI'NTY CODE ENFORCEMENT CODE EMORCEMENT BOARI) Case No. - CELU20160010501 BOARD OF COI'NTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, YS. ANTHONY V. PICCIRILLI EST., Respotrdent. / ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came on for public Code Edorcement Board, having heard appropriate mattels, hereupon issues its Responde , ANTHOIIY Respondent was notified Board has jurisdiction of ]. 2. Enforcement Board on January 25, 2017, and the and heard argument respective to all Enforcemeflt Board, as follows: proPelty. and the Code Enforcement At the hearing, the hereto as Exhibit "A". The Stipulation is adopted as an comply, Respondent is ordered to 4. The real property located at l89l ! coMM wl/4 cN& E 992.70Fr, 249120000 (Legal Description: I I 49 25 POB, CONT EIOOFT, S 17OFT, WIOOFT, NI?OFI TO POB .39 AC) is in violation of Coulty Land Development Code 04-41, as amended, Section 1.04.01(A), Section 2.02.03, Section following particulars: 10.02.06@)(1)(a) atrd Section 10.02.06(B)(l)(exi) in the Unpermitted alterationr to the csrport structure resulting i! residetrtial use ofirdustrlally zoned property, 5. The violatiol has llot been abated as ofthe date ofthe public hcadng. ORDER Based upon the foregoing Findings ofFact and Conclusions oflaw, and punuant to the authority ganted in Chapter 162, Ftorida Statutes, and Collier County Ordinance No.2007-44, as amerded, it is hereby ORDERED: A. Respondent is fou[d guilty of violating ofcollier County Laod Development Code 0441, as amended, Section 1.04.01(A), Sectior 2.02.03, Section 10.02.06@)(1)(a) and Section 10 02.06(BXl)(exi). B. Respondent must abate all violations by obtainiog all required Collier County Building Permit(s) or Demolition Pemit(s), inspections and certificate ofcompletion/occupancy by April 25, 201? or a file of $200.00 per day per day will bc imposed until the violatioo is abated. C. IfRespoDdent fails to comply with this Order, the Collier County Code Enforcement DeparhneDt may abate the violation using any method to bring the violation ilto compliance. Ifnecessary, the County may request the services ofthe Collie! County Sheriffls Office for the purpose ofaccessing the property for abatemenL All costs olabatemetrt shall be assessed againEt the Foperty 6.C.4.a Packet Pg. 193 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) oR 5359 PG 3956 D,Respordolt is ordercd to pay operational costs for the prosecution ofthis case in the amount of$64.59 on or before February 25, 2017, Respondent shall notiry the Code EDforcemelt Investigator ofthis case within 24 hours ofabatement or compliance so that a final inspectiol may be perforned to corfirm compliance. DONE AND ORDERED this -10 aay ot f*l, ,2017 qt Collier Courty, Florida. 2017. bv Robert Kauftnan. Chair ofthe Code --g{personally knorrn',o ." o. ,4 STATE OFFLORIDA ) )SS; corNTY oF coLLrER) The foregoing instrument was acknowledged Danny Expires: Bonded PAYMf,NT OF FINES: Any Enforcement Departrrent, 2800 www.colliergov. net. Any release obligations ofthis Order may also APPEAL: Any aggrieved pafiy rnay the execution ofthe Order appealed. reyiew of the record created within the transcribed record of the hearing ftom the paid at fie Collier Courty Code (23 9) 252 -244 0, W eb site I of the satisfaction of the Court within thirty (30) days of but shall be limited to appellato of the appealing party to obtain a will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I IIEREBY CERTIFY that a tsue and corect copy of this oRDER has beetr scnt by U. S. Mail to ANTHONY V. PICCIRILLI EST., CyO DAMEL C. KERCHOFF, PR, l89l Elpa St., Naples, FL 34109 and to Mark Muller, Esq., 5150 Tamiami Trail North, Suite 303, Naples, FL 34103 this }(l day of January, 2017. at this location. final order of the State ol Flolroa County of COLLIER 6.C.4.a Packet Pg. 194 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) *** oR 5359 PG 3957 **" BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Anthony V. Piccirilli Est. C/O Daniel C. Kerckhoff PR Respondent(s), enforcement process; and to obtain a quick and parties hereto agree as follovr's:1) The violations noted in the THEREFORE, it is agreed between Pay operational costs in days of this hearing. Abate all violations by: Obtaining all iequired Co Certificate of S 2 0/), 0/)per' day will be Respondent or Representative (sign) Paru ATlZttf WPk H. F.rLL/6A A1i.^,"ev Rgspondent or Reorbsentative (print) ?otttautcc C. KEiEknoff At P. ^. cF '?,{ d 6tlar-f cF 4, PIc.tn l.., Case No. CE1U20160010501 resolution of the matters outlined therein the and I stipulate to their existence. of this case within 30 on Permit, inspections, and hearing or a fine of bt Toq "1 STI PU LATION/AGREEM ENT coMEsNoW,theunderSigned,H48|(H.|,{uL(e(,@asrepreSentatiVefor Respondent and enters intJ tfris Stiputation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CELU2o16001 0501 dated the 8th day of July, 2016 ln consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violalion for which a hearing is currently scheduled tor /-25-?0)7 ; to promote efficiency ln the administration of the code 1) 2) 4) 3) Respondent must notify Code of abatement of the violation and request the lnvestigator pertorm a site inspection to c.g-lfLln 99!lP.ll1!9-9iij;;"i;;ffi;,Hi,:;iof,;;;,i;;;;;";;;&Gwo|rweer rrire vrorarioi,s abired 24 hou6 prio,ro. saru,l"y, sunday o, reear horiday, tt,6n rhe niriicallon musl be msdeodlhe nen daylialis nota Salu.dav, Suodav or legalholidav') That if the Respondent fails to abate the violation the County may abate the violation using any method to oring tne violation into compliance and may use the assistance of the cotlier county, sheriff's office to enfoiglhe provisions of thls agreement and all costs of abatement shall be assessed to the property / ) (7 ---l .*-/ ^r/ aj.* 6 qj 627;;T7;iw for Michael Ossorio, Director Code Enforcement Division o /-)f ')'" )7 Date wlrhin ?0 >1r REV 3-29'16 6.C.4.a Packet Pg. 195 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. PICCIRILLI EST, ANTHONY V C/O DANIEL C KERCKHOFF PR, Defendant(s) CEB CASE NO. CELU2O1600IOsOi AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Christopher Harmon, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 25,2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate the violation(s) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5359 PG 3955. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 04-26-2017 . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with any conditions of the order. FURTHER AFFIANT SAYETH NOT. DATED this 26th day of April,2077. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Code Enforcement Offi cial STATE OF FLORIDA COLINTY OF COLLIER Sworn to (orfnmed)and subscribed before methisffiayof A.ffi I , zof]uy Christopher Harmon IGRBYADAIIS l',lY COMMISSI0N I FF 199721 EXPIBES: July 8, 2018 Bmded firu Budget Nobry Senhts(Print/Type/Stamp Commissioned Name of Notary Personally known { 6.C.4.a Packet Pg. 196 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) INSTR 5412783 oR 5400 PG 3544 RECoRDED 6/2/2Oa7 9:08 AM PAGES 3 DWIGHT E. BROCK, CLERK OF THE CTRCUIT COURT, COLLIER COUNTY FLORIDA REC s2 7. O0 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - CELU2o160010501 BOARD OF COTJNTY COMMISS'IONERS . : coLLtERCOmiit.y,.FLORrDA, .':'- .:l-'..'' Petitioner, ANTEONY V PICCIRILLI EST., Respolrdent. THIS CAUSE came on for public,Board on May 25, 2017, and the Code Enforcement Board, having Official, movcd to continue this matter and being duly advised in Fact, Conclusions ofLaw, and Order of the Code Enforcement Respondent is charged Code 04-41, as amended, Sections 10.02.06(B)(1 in the following particulars: Utrpermitted alterations to the of industrially zoned property. Based upon the foregoing, and in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it A- The Respondent's Motion for Continuance ofthis case is GRANTED until Novembcr 21,2017. B. Alt partiei shall be le-noticed fo! the subsequent hearing dale. C. Fines shall accrue dudng the Continuance period. +A DoNE AND oRDERED thi, 3 0 'dry of Of)at , 201? at collier countv, Florida' STATE OF FLORIDA . ) . )ss: COUNTY OF COLLIER) testimonv ofthe (\ -r,/- \),,'-l\ ,/{\/ 6.C.4.a Packet Pg. 197 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) *** oR 5400 PG 3546 *** The foregoing instrument was acknowledged before me this JQ aay a fflahf- 2017, by Roben IGuftnan, Chair ofthe Code Enforcement Boatd of Collier Count/Fiorida, who is -X- personally known to me or - who has produced a Florida Drive!'s License as identification. 0anny tslaltco r0snrnsbnt@flt' ffimmm" PAYMENT OF FINEST Any fines ordered to be paid pursuart to this Order may be paid at the Collier County Code EDforcement DepartrneBt, 2800 Notth Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Websitel www.colliergov.tret. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis Order may also bo obtained at this location. A?PEAL: Any aggrieved party may appeal a fioal order ofthe Boad to the Cfcuit Court within thirty (30) days of the executior of thb Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe reco;d created within the origiml hearing. It is the responsibility ofthe appealing party to obtain a transcribed record of the heariDg from.the Clerk of Couds. Filing an Appeal will not automatically stay the Board's Order. 0annY Banco Commlslond 898{545 Erolres: Aoril 21, 2020 mided'ttrru namn Notarv I HERXBY CERTIFY that a true sent bv u. s. Mail to ANIHoI.T 150 Tamiami Trail North, Suite 303,v. PICCIRILLI EST at 1891 Elsa St.. Naples. FL 34103 this iQday of f $\ & //sw 6.C.4.a Packet Pg. 198 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) rNsrR 5511024 0R 5477 DWIGHT E. BROCK, CLERK REc $18. 50 PG 2462 RECORDED 2/15/2OAa OF THE CIRCUIT COURT, COLLIER 1O:2 7 AM PAGES COUNTY FLORIDA COLLIER COIJNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - CELU20160010501 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ANTHONY V PICCIRILLI EST, Respondent. THIS CAIISE came before Fines/Liens on January 26, 2018 appropriate matters, hereupon l. Respondent was fouad s Motion for Imposition argument respective to all Board, as follows: Code 04-41, as am€nd€d, in the following particulars: of industri.lly zone property Sections 1.04.01(A), 2.02 Unpermltted alterations to the Based upon the foregoing, and in Chaptq 162, Florida Statutes, and Collier County Ordinance No, 07-44, as amended, it is ORDERED: A, The Respondent's Motion for Continuance ofthis case is GRANTED until May 26, 2018. B. All panies shait be re-noticed for the subsequent heariDg date. C. Fines shall accrue during the Continuance period. DONE AND OR.DEREO ttris ? # ary of FeUruary, 2018 at Collier County, Florida. structur€ resulting CODE ENTORCEMENT BOARD is a true and 6.C.4.a Packet Pg. 199 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) *** oR 5477 PG 2463 *** wlrw.colliersov.net. Any release oflien or obligations ofthis Order may also be APPEAL: Any aggrieved party may the execution ofthe Order appealed. review of the record created within transcribed rccord ofthe hearing Order. I HEREBY CERTIFY v Piccirilli EST at 1891 Elsa St., STATEOFFLORIDA ) )ss: COUNTY OF COLLIER) The foregoing instrument was acknowledgea U"ror" -" tf,f dl day ofFebruary, 2018, by Robed KauAnan, Chair ofthe Code Enforcement Boald ofCollier County, Florida, who is -X- persoually known to me or - who has produced a Florida Driver's License as identification. oannY Blanco commissifi, F984545 iioires: APdl 21, 20zo 8o;ded thru Aalon NoEry My commission expires: &@IT Otr.ntr{Eg Any fines ordered to be paid pu$uart to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440'Website: or confirmation ofthe satisfaction ofthe Court within thirty (30) days of shall be limited to app€llate the appealing pady to obtain a automatically stay the Board's sent by U. S. Mail to Anthonyand correct coDv of iL 14109 rhis z ( 6.C.4.a Packet Pg. 200 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) rNsTR 5584485 0R 5531 PG CLERK OF THE CIRCUIT COIjRT REc $18. 50 3077 RECoRDED 7/al/2018 2:02 PM PAGES AND COMPTROLLER, COLLIER COUNTY FLORIDA COLI,IER COUNTY CODE I'NFORCEITIENT CODE ENFORCEMI|NT ROART) Casc No. - CELU20I600l0S0I BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Pctitioncr, vs. ANTHONY V. PICCIRILLI EST, Rcspondcnt. THIS CAUSE came before Board Motion for Imposition respective to all appropriateFincs/Liens on June 28, 2018, and Board, matters, hereupon issues its as follolvs: Respondent is charged Code 04-41, as amended, the following particulars:Sections 1.04.01(A), Unpcrmitted allerations to thc of industrially zoned propcrty I62, Florida Statut€s, and A. Thc Respondent's Motion for Continuance ofthis case is cRANTED unrilAugust27,2Ol8. B. All parlies'shall be re-noliced for the subsequent hearing date. C. Fines shall continue to accrue durinE lhe Continuance Deriod- DONE AND ORDEnfn ,is lOjd{ooy ofJuly 2ol8 rt Collicr County, Florida. State or i:lolloa County of COLLIER I HEREBY CERTITY THAT IhiS iS A 1TUC ANd correcl conv t)i i.ddcihrenlon file in Boaro i,,lniiei a;ro Rebortisof Cotl,er County my h?nd.6rid;rccial seal thrs day 6t:e(erlr { Ovcur }C*yt o[ut 6.C.4.a Packet Pg. 201 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) *** oR 5531 PG 3078 *** STATEOFTLORiDA ) )ss: COUNTY OF COLLIER) The foregoing instrument rvas acknowledged beforc mc this fflay of July 2018, by Robcn Kaufrnan, Chair ofthe Code Enforcement Board ofCollicr County, Florida, lvho is _X personally known to me or rvho has produced a Florida Driver's License as identification. HffiHiil['J.iHL PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at ths Collier County Code Enforcement Departmcnt, 2800 North Horseshoe www.collierqov.net. Any release of lien or or confirmation ofthe satisfaction ofthe obligations of this Order may also be APPEAL: Any aglrieved pany may Coun rvithin thirty (30) days of the execution ofthe Order appealed.shall bc limiied to appellate revierv ofthe record crcatcd within the appealing party to oblain a transcribed record ofthe hearing Ordcr- aulomatically stay the Board's I HEREBY CERTIFY V Piccirilli EST at l89l Elsa St sent by U. S. Mailto Anthony 6.C.4.a Packet Pg. 202 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLTNTY BOARD OF COIINTY COMMISSIONERS, Petitioner vs. PICCIRILLI EST, ANTHONY V % DANIEL C KERCKHOFF PR, Defendant(s) CEB CASE NO. CELU2O1600IO5Ol AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Colleen Davidson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: L That on January 25,2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5359 PG 3955 . 2. That the respondent did not contact the investigator. 3. Tliat a re-inspection was perfonned on AUgust 28. 201 8. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions:No permits have been applied for. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of August,2018. STATE OF FLORIDA COUNTY OF COLLIER before me this 28th day of August,2018 by Colleen Davidson (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { Code Enforcement Offi cial DannY Blanco 6.C.4.a Packet Pg. 203 Attachment: CELU20160010501 PICCIRILLI EST IOF (7071 : CELU20160010501 Piccirilli Est Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7075) DOC ID: 7075 Updated: 10/16/2018 2:13 PM by Helen Buchillon Page 1 CESD20170010243 Decembre and Domond Imposition of Fines CASE NO: CESD20170010243 OWNER: Jean Jorhel Decembre and Yoland Jean Domond OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and 2017 Florida Building Code, Sixth Edition, Chapter 4, Section 454.2.17. Unsecured swimming pool missing an approved pool barrier in the rear yard of improved occupied residential property. FOLIO NO: 35771000003 VIOLATION 4257 17th Ave SW, Naples, FL ADDRESS: 6.C.5 Packet Pg. 204 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNW COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. Case: CESDSD20'|.7 OO1 0243 JEAN JORHEL DECEMBRE AND YOLAND JEAN DOMOND, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 0744, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 AM PLAGE: 3299 Tamiami Trall East Building F, Naples, FL 341 12 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) and 454.2.17 LOCATION OF VIOLATION: 4257 17th AVE SW, Naples, FL SERVED: JEAN JORHEL DECEMBRE AND YOLAND JEAN DOMOND, Respondent Maria Rodriguez, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEAR|NG CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 bythe Secretary to the Code Enforcement Board at least five (5) business days prlor 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. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Tetephone IF YOU AREA PERSON WTH A OISAB]LITY \A,I,IO NFF-DSANYACCOMMODATION IN ORDER TO PARTICIPATE iN THIS PROCEEOING, YOIJ ARE ENTITLEO. AT NO COST TO YOU, TO THEPROV'SrON OF cE R'AlN aSSTSTANCF PrFAsF.n'vracr rne coruen courrv',riiLr-iiiil,trublire'lr oepmrvEr"r iocrjeriii :iii iriiiiiiaur rurr, r,repLes rronroa34112 (23e)7744800. assrsrEo LTSTENING DEvrcEs Fon rHe HeinrNE rui^iRib aii eriiireiid iiire couNTy coMMrssroNERs,oFFrcE |f'J[mff[5",*]il::t,T:"-I1T:"#f:if[?'ii,iTiH,,[151f1"*ssrandisponrbressnraaudienciavusteds€raresponsabr.d€pr€ersuprDpiotraducro,,pa.unm6jo, A!€risma' - Tout odisyon yo fa an angro. Nou pan gin moun pou fd r_rdiksvon si ou pa par6 angr6 lanpri v,inr svdk yon inrdpral pou paE !Du-ou. 6.C.5.a Packet Pg. 205 Attachment: CESDSD20170010243 DECEMBRE AND DOMOND IOF (7075 : CESD20170010243 Decembre and Domond Imposition of Fines) INSTR 5551776 oR 5506 PG 1641 RECoRDED 5/7/2Oa8 8:57 AM PAGES 2 DWIGI{T E. BROCK, CLERK OF THE CIRCUTT COURT, COLLIER COUNTY FLORIDA REc $18.50 COLLIER COIJNTY CODE ENI'ORCEMENT CODE ENFORCEMENT BOABD Csse No. - CESD20170010243 t BOARI} OT COIJNTY COMMISSIONERS COLLIER COI'NTY, FLORIDA5 Petitlotrer, JEAN JORSEL DECEMBRE AITD YOLAIID JEAN DOMOND, RespoDdent. ORDER OT TIIO CODE EI{FORCEMENT BOARD Tt S CAUSE came on for public Code Enforcement Board, having heard appropriate manes, hereupon issues its t. Respondent, JEAN subjcct property. Respondent was notified Board has jurisdicdon of Respondenq haviog been Enfolcement Board on April 27, 2018, and the aod hcard argument res?ective to all Enforcement Board, as follows: is the owrer of the and the Code Enforcement 3. The real property located al D€scription: GOLDEN GATE 116, Folio No. 35771000003 (kgal of Coltier County Land Developinent Code 04-4 I , as ameoded, Section I l7 Florida Buildirg Code, Sixth Edition, Chapter 4, Section 454.2.17 io tbc following particulars: Observed an unsecured srlEmttrg pool mlssing ao approved pool brrrier iE the rear yard of lDproved occupled resldential property. 5. Tbe violation has not been abated as ofthe date ofthe headng, ORDER Based upon thc foregoing Fifldings ofFact alld Conclusions oflaw, and pursuant to the authority ganted ir Chapter 162, Florida Statutes, and Collid County Ordioatrc€ No.2007-44, as amerded, it is hereby ORDERED: A. Respoud€Dt is found guilty ofviolatirg Collier County Land Dcvelopment Code 0,91, as aDended, Scction 10.02.06(BXt Xa) snd 20l T llorida Building Code, Sixth Editio4 Chaprer 4, Section 454.2.17. B, Respordent must abut" the ,ioiition U]securing the swimming pool area by erecting a tcrnporary Building Deparuneat approved safety barrier oil or befors Aprll 30, 2018 or a fine of $400.00 per day rvill be imposed for each day the violation rermins tlEreafier. C. Respord€nt must abate the violation by obraining all required CoUier County BuildiDB Permit(s), Inspections, and Certificale ofCoupletion/Occrpancy for the placemcnt ofan approved permarlent pool barrier on or before Jure 26, 2018 or a line of3250.00 per dey will be imposed for each day the violation remains thereafter. 4. 6.C.5.a Packet Pg. 206 Attachment: CESDSD20170010243 DECEMBRE AND DOMOND IOF (7075 : CESD20170010243 Decembre and Domond Imposition of Fines) *** oR 5506 PG 1642 *** IfResponden(s) fails to comply with rhis Ordcr, Colliet CouDty may abate the violatiotr using any method(s) to bring the violation(s) into compliance and may use the assistance ofthe Collier County Sheriffs Ofhcc to enforce the provisions ofthis order and all costs ofsbatement sball be assessed to the property ownor. Respondent is ordeled to pay operational costs for the prosecutioo ofthis case iu the amount of$59.42 on or before May 27,2018, Respondetrt shall notiry Code Enforcement within 24 hours ofabaterpnt of the violatioo(s) aIId request the i[vestig&tor to perform a site inspection to cooirm compliance. DONE AND ORDERED thls 30t dry ofAPrU 2018 at Couler County, Florida. BOARD STATEOFFLORIDA ) corJNTY OF COLLIER) The foregoing instlument was 2018, by Robert Kauftnaq Chair , Florida, who is _X_ persomlly kaowD to rDe as idertification. uanry PAYMENT Otr, FINES: Anv fines der may be paid at the Collier County Code 34104, Phooe: (239) 252-2440, Website:Enforcement Departmeot, 2E00 Nonh www.colliergov.net. Aay release of lien or or coflfirmation of the satisfaction of the obligations ofthis order may also be obtained at this location. APPEAL: Aly aggrieved party may appeal a fi.rul order ofrhe Board to tbe Circuit Coun within thirty (30) days of tbc exccution ofths Order appealed- An appeal shall nol be a heariEg de novo, but shall b€ limited to appellate review of the record created within the original heariDg. It is the lesporuibility ofthe appealing party to obtain a tansc.ibed record ofthe hearing AoEt the Clerk ofcourts. Filing an Appeal will rct automatically stay th€ Bosrd's Order. CERNTICATE OF SERVICE I HEREBY CERTIFY that a tru€ and conect copy o{ this ORDER has been sent by U. S. Mai[ to Jean J. Decembre and Yoland J. Domond at 4257 176 Ave SW, Naples, FL 341 l6 this 30th day ofApril 2018. State of Florida County of COIIIER I HEREBY c0rrecl D. E. F, iioins: APdl Boirdcdthru Al ry Board in; 6.C.5.a Packet Pg. 207 Attachment: CESDSD20170010243 DECEMBRE AND DOMOND IOF (7075 : CESD20170010243 Decembre and Domond Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COTINTY BOARD OF COLINTY COMMISSIONERS, petitioner vs. DECEMBRE, JEAN JORHEL YOLAND JEAN DOMOND, Defendant(s) CEB CASE NO. CESD2O I7OOIO243 AFFIDAVIT OF PARTIAL COMPLIANCE STATE OF FLORIDA COTINTY OF COLLIER BEFORE ME' the undersigned authority, personally appeared Steven Lopez-Silvero, Code Enforcement official forthe Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1' That on April27.20l8, the Code Enforcement Board held a hearing and issued an order in the above-stvledmatter as stated in the Order recorded in the public records of Collier County, Florida in OR BookSfu6 iC Aq t. et. seo. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on May 0lst, 201g. 4' That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was incompliance by securing the swimming pool area by erecting a temiorary Building Department approvedsafety barrier. FURTHER AFFIANT SAYETH NOT. DATED this 02nd day of May,2018. COLLIER COLINTY, FLORIDA CODE ENFORqTMENT BOARD{N Steven Lopez-Silvero Code Enforcement Offi cial STATE OF FLOzuDA COLTNTY OF COLLIER auy or /-/Jd. c\ , 20 r 8 by Steven Lopez-sirveroJ uanny Blaflco Commision# tr9E4545 Expires:April 21, 2020 Borrded thru Aarcn I'loEn (Print/Type/Stamp Commissioned Nur" of Notury euUti4 before me this Personally known { 6.C.5.a Packet Pg. 208 Attachment: CESDSD20170010243 DECEMBRE AND DOMOND IOF (7075 : CESD20170010243 Decembre and Domond Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLTNTY BOARD OF COT NTY COMMISSIONERS, Petitioner VS. DECEMBRE, JEAN JORHEL YOLAND JEAN DOMOND, Defendant(s) CEB CASE NO. CESD2OI7OOI0243 AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COTINTY OF COLLIER BEFORE ME, the undersigned authority. personally appeared Steven Lopez-Silvero, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on April27,20l8, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5106 pG 1641. That the respondent did contact the investigator. That a re-inspection was performed on June 28, 2018. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with Part C of the order: obtaining all required Collier County Building permit(s), inspections, and Certificate of Completion / Occupancy for the placement of an approved permanent pool barrier. FURTHER AFFIANT SAYETH NOT. DATED this 02nd day of July, 2018. 2. 4. COLLIER COUNTY, FLORIDAC"'WYMENTBoARD Steven Lopez-Silvero Code Enforcement Offi cial STATE OF FLORIDA COLINTY OF COLLIER ibed before me this dI day of ,2018 by Steven Lopez-Silvero (Print/Type/Stamp Commissioned Name of Notary public) Personally known { 0anny Blrnco GommNon#FS84545 Emires: Aoill2l, 2020 gdlCed thtit Aeron ilobru 6.C.5.a Packet Pg. 209 Attachment: CESDSD20170010243 DECEMBRE AND DOMOND IOF (7075 : CESD20170010243 Decembre and Domond Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7076) DOC ID: 7076 Updated: 10/16/2018 4:07 PM by Danny Blanco Page 1 CELU20180001234 Gibson Imposition of Fines CASE NO: CELU20180001234 OWNER: Megan Gibson OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Section 54-181 and Chapter 130, Article III, Section 130-96(a). Prohibited accessory use without first having a permitted principal/primary use/structure. Unauthorized outside storage of items including, but not limited to, various pieces of furniture, two recreational vehicles, one storage container, one boat, appliances, two vehicles, and additionally, litter. FOLIO NO: 38502240000 VIOLATION 128 37th Ave NE, Naples, FL ADDRESS: 6.C.6 Packet Pg. 210 CODE ENFORGEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, MEGAN GIBSON, Respondent(s) Case: CELU20180001234 NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Recreational Vehicles 2.02.03, 54-181 and 130-96(a) LOCATION OF VIOLATION: 128 37lh AVE NE, Naples, FL: SERVED: MEGAN GIBSON, Respondent Michael Odom, 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 ofthe 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone F YOU ARE A PERSONWTHA DISABILITY WfiO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE EN-TITLED,AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT TI.IE COLLIER COUNTY FACILITIES MANAGEM ENT DEPARTMEM LOCATED AT 3301 EAST TAM IAM I TRAIL, MPLES FLORIDA 34112 (239}774.8800: ASSISTED LISTENING OE!1CES FOR THE HEARING IMPAIREDARE AVAILABLE IN THE COUNIY COMMISS]ONERS'OFFICE entendimionlo con las comun cacion€s d6 6sl€ evento. Por fdor rr.iga su popio rraductoi Alefsman -Toul odisyon yo l6t an anglA. Nou p€n gin.noun pou fd lrad ksyon. Sr ou pa pal6 angl6lanpi viniavek yon inlep.al pou p€16 pou{u 6.C.6.a Packet Pg. 211 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) rNsrR 5596356 0R 5540 PG CLERK OF THE CIRCUIT COURT REC s35.50 2974 RECORDED a/7/zolA 9:04 A!! PAGES 4 AND COMPTROLLER, COLLIER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - C8LU201E0001234 BOARD OF COUNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA, Petitlotr€r, vE. MEGAN GIBSON, Respo[dent. THIS CAUSE came on for Public Board on July 26,2018, and the Code Enforc€ment Board, haviflg heard and heard argument respcctive to all apFopriate matters, hereupon issues Enforcement Board, as follows: l. Respo[deDt, Megan 2. Respondent was notified Board has jurisdiaion of and the Code Enforcerr€nt 3. At the hearing, the hereto as Exhibit "A". The StipulatioD is adopted as an comply. thc Respondent is ordercd to The real property located at 128 FL 34120, Folio No.38502240000 (Legal T 36E?3IT-dF w l8oFr oFTR 37 oR 1506PG300) is in violationD€scription: GOLDEN GATE EST UNI oftne iottler County Land Development Code O4-41, as amendcd, S€ction 2.02.03 and Collier County Code of Laws and Ordinances, Chapter 34, Article \/I, Section 54-l8l and Chapter 130' Anicle III' Section 130- 96(o) in the following particulars: ProhlbitedsccessoryusewlthootflrsthrviugrperDittedprtDcipruprimrryuse/structure'Unauthoriz€d. outside storage of iteDs ltrcludlEg, b;t D;t fmited io, varlous pieces of forniture' two recreatloral v€hicles, one storage container, one boat, appliences, two vehicl$' rnd sdditiorslly' lltter' 5. The violation has not beeo abated as ofthe date ofthe public hearing' qBDB Based upon tbe foregoing Findings ofFact and Conclusioos-of.Law' and pulsuant to the autho ty-granted in cfr"p* f oZ noiau St"t t"i -icotli.tto,.nty ordinance No 2007-44, as amended' it is herebv oRDERED: A. Respordsnt is found guilty ofviolaling Collier County Latrd DeveloPrneot Code 0rk1' as amende4 iechon 2.02.03 ana Cotfiir County Co'de ofI:ws ani Ordinances, Chapter 54, Afticle VI, Secrion 5+l8l and ChaPter 130, Article Itr, Section 13G96(a)' B. ResDondent mrlst abate a[ violalions by removing all uuauthorized items currently being stored-olr.the" it.i'*,i;iJl *ir"r.ing io",t.o -a itmove all liner from rhe proPerty to a site inrcnde-d-foj-lld disposal and restore prop€rty to its original pemitted natural stale otr or before Augurt 25' 2018 or E fine oiiiio.oo p". a"v ilfbe imposed f& each day the violation(s) rernains ther€after' ORDER OF TIIE CODE ENFORCEMENT BOARI) Q\=* ,."4, 6.C.6.a Packet Pg. 212 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) oR 5540 PG 2975 D. C,Ifthe Respordcn(s) fails to comply wilh this Order, Collier County may abate the violation using aoy method(s) to britrg the violation(s) into cornpliarce and Bray use the assistance of the Colli€r County She fS Office to eoforce the provisioos ofthis order arrd all costs ofabaterEnt shall be assessed to the property owner. Respondent is ordered to pay operational costs for the prosecution ofthis casc in the arnount of$59.56 on or before August 26, 2018. Responden(s) shall notiry the code Enforcement Investigator ofthis case within 24 hows ofabatement oI colpliarce so that a final inspection may be p€rformed to confirm compliaoce. E. 'r,,.WJ NOTARYpi .7-7 PAYMENT OF'FINES: Any fines ordered to be Order may be paid at the Collier County CodePAYMENT OF FINES: Any fines oldered to be p$d.pllfsuaf,tfo iIlS Urder may De palo at llle Lolner Lounly Looe Enloiiement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Pbone: (239) 252-2440, website: www.colliergov.net. Any release of lien or confirmation of conpiiance or confirmation of the satisfaction of the obligations oftbis Order may also be obtained at lhis location. 4I@L: Any aggrieved party tnay appeal a final order of the Board to the Circuit Coult within thirty (30) days of ti€ execution ofthe Older appealed. An appeal shall not be a hearing de novo, but shall be limit€d to appellate review ofthe record created withjn the origioal headng. It is the responsibility ofthe appealing party to obtain a tralscribed record ofthe hearing trom the Clerk ofcourts. Filing an Appeal will not automatically stay the Board's Order. r mpcsvbe4iFld;ia trug and.qrgq coly of tnisI HEREBY'CERTFXtBa true and coryepr copy of this ORDER has been s€nt by U. S. Mail to Megan Gibson ar P.o. Box 110642 Nald;FL 34i08 this.3Slday of August 2018. , DONE AND ORDERTO tms 3 d aay of Argust 2018 at Colller Coroty, Florida. , FLORIDA STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was 20 I 8, by Robert Kauftnar, Chair _X_ persooally known to me HELEN CommlBslon#GG ExDileB CODE ENFORCEMENT BOARD 6.C.6.a Packet Pg. 213 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) oR 5540 PG 2976 Slaie ol Floooa County of C0LLIER I HEREBY OERTIFY cr,fl ,:d cofyif a dE3 Fla'+it jnuies anSt 6.C.6.a Packet Pg. 214 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) *** oR 5540 PG 2977 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Megan Gibson Respondent(s), STIPULATION/AGREETIENT 1) 2) 3) 4) alx----X* fi? CaseNo. CELU20 l 80001234 B€fore me, the undersigned,ll eq tn I E llsOfr, on behalf of , enters into this Stiputation and Agreement with Collier County ts (o the resolution of Notices of Violation in reference (case) number CE1U20180001223 dated the 2"d day of May, 2018. This agreement is subject to the approval of the Code Enforcement Board. lf 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. ln consideration of the disposilion and in said Notice(s) of Violation for which a hearing is currently scheduled for enforcement process; and to obtain in the administration of the code of the matters outlined therein the parties hereto agree as follows:1) The violations noted in the and I stipulate to their existence, and that I have been properly THEREFORE, it is agreed between Pay operational costs in the days of this hearing. Abate all violations by: of this case within 30 Removing all unauthorized items the property to a conforming location, and removing all litter from the a site intended for final disposal, in order lo reslore property to its original permitted natural state within 30 days of this hearing, orafine of l!9. per day will be imposed until the violation is abated. Regpondent must notify Code Enforcement within 24 hours of abalement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (24 nouas noli'e thall be by pSone or far aod made dudng fie wo*wEek. lr lhe violatioo is abaled 24 houB prior to a Satudey, Sundey or t€gat hdiday. lhen the notifcation must be made oo tre n€xt day that js not a Senrday, Sundey o. legat hotiday.) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the ihto compliance and may use the assistancaof{he Collier County;Sheriffs Office to enforce this agreement and all costs of abgldmentlhallle assess_fgto the property (sign)Christopher Ambach, Supervisor for Michael Ossorio, Direc{or Date ,iBsresentative (pnnt) REV 3-2916 Code Enforcemenl 6.C.6.a Packet Pg. 215 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) COLLIER COUNTY, TLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS. petitioner GIBSON, MEGAN, Defendant(s) COLLIER COIINTY, FLORIDA AFFIDAVIT OT' NON.COMPLIANCE STATE OF FLORIDA COIJNTY OF COLLIER BEFoRE ME, the undersigned authority, personally appeared Michael odom, code Enforcement official for theCode Enforcement Board ofCollier County, ,uho jt"i U"ing n ffy ,*o., O.por"s and says: l rhat on July ?6,2018, the code Enforcement Board held a hearing and issued an order in the above-styledmatter and stated that Defendant(s) was in vioration as stated in th; o.d".;;J j;i" puit;f,.""ora, orCollier County, Florida in OR Book l![p(l 2974. 2. That the respondent did not contact the investigator. 3 . That a re-inspection was performed on Monday, August 27, 20 I g. 4' That the re-inspection revealed that the corrective action ordered by the code Enforcement Board was not incompliance with the following conditions: All items being sioiea on ttre p.operty have not been removed to aconforming location. A* litter on the property has not be?emou"o to u "rt" io, i."idir;;r"r:-" '*' FURTHER AFFIANT SAYETH NOT. DATED this 27th day ofAugust,20l8. cEB CASE NO. CELU20180001234 ,2018 by MichaeJ Odom STATE OF FLORIDA COUNTY OF COLLIER d,r"r ffl)qws+ ATAMAS SMiLEY Notary publlc. State ot t,orida Commission # FF 975140 My Comm. Erpifes ADr 20 202n: Code Enforcement Offi cial subrcrib€d beforc me thi, 2 ?t' Personally known 1 Nty vomn. ttples A 20.2A20. UondedthrouqnlationalNorr. . . :rr--=:-, ' 6.C.6.a Packet Pg. 216 Attachment: CELU20180001234 GIBSON IOF (7076 : CELU20180001234 Gibson Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7078) DOC ID: 7078 Updated: 10/16/2018 4:12 PM by Danny Blanco Page 1 CESD20170004712 IBO LLC Imposition of Fines CASE NO: CESD20170004712 OWNER: IBO LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Converted part of the existing screened patio to an enclosed structure with electric and air conditioning without first obtaining all required Collier County Building Permits and approvals. FOLIO NO: 63866840001 VIOLATION 313 Nixon Drive, Immokalee, FL ADDRESS: 6.C.7 Packet Pg. 217 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: CESD2017OOO4712BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. IBO LLC, Respondent(s) TIME: NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: lmprovement Priorto Building Permit 10.02.06(BX1)(a) and 10.02.06(8)(1)(e) LOCATION OF VIOLATION: 313 Nixon DR, lmmokalee, FL SERVED: IBO LLC, Respondent Tony Asaro, lssuing Offlcer 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 forthe testimony given atthe hearing. Documents will consist ofthe 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A DISABLIryU/HO NEEDSANY ACCOMMODATION IN ORDER TOPARTICIPATE IN THIS PROCEEDING. YOU ARE ENT]TLEO. AT NO COST TO YOU, TO THEP8ovlsloN oF oERTAIN ASstsrANcE. PLE*SE coNTAcr rHE coLLtER couNTy FAclLllEs MANAGEM ENT DEpAntuett rocaieo at g:or ersi iii,t au t rnetr MpLEs iloRrDA34112 (239)774-8800; ASSISTED LISTENING DE!1CES FOR THE HEAR NG IMPATREDARE AVATLABLE tN THE COUNry enlBndimi6nb con las @muni€.lonos de €sle ev€nio. Por ta@r raiga s! propio l€dldor, Avdtsman - Tdt odisyon yo 16l an aryla Nou pan gin moun p@ fe L?dksron Si ou pa paE angtd ianpn vini av6k yon i eprer pou p.tA pou,o{. 6.C.7.a Packet Pg. 218 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) rNSTR 5480879 oR 5456 pG 1400 RECORDED L2/8/2O17 12:43 pM PAGES DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 COLLIER COI'NTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No, '. CESD2Ot10O04712 BOARD OF COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner', vs. rBo LLC, Respotrdent. THIS CAITSE came on for Board on November l'7 ,2017, ard the Code Enforcement Board,and heard argument respective Enforcement Board, as follows:to all apprcpriate matters, hereupon Respotrdent, IBO LLC, Respondent was notified Board has jurisdiction of and the Code Enforcemetrt 3. At the hearing, the hereto as Exhibit "A". The Stipulation is adopted as an comply, and the Respondent is ordered to 4. Th6 real property located at 313 Nixon Dr., Irnmokalee, FL, Folio No. 63866840001 (I-egal Description; NEWMARKET SI,'BD BIl( 54 LOTS 1.9 AND LOTS 18-2I LESS S75FT, AND THAT 1OFT AILEY PORTION ADJ TO LOTS I-9 & LOTS 18-21 AS DESC IN OR4556 PG 2040, AND THOSE IOFT ALLEY PORTIONS ADJ TO LOT 14 DESC IN OR 451 4 PG 991 AND ADJ TO LOTS I 5-I 7 DESC IN OR 4574 PG 986) is in violation of Collier Land Developmeot Code 0,1-.41, as amended, 10.02.06(B)(l)(a) and 10.02.06@)(1)(E) in the followirg paniculars Cotrverted pait ofthe existing screened prtlo to an e[closed structure with electric and air conditlonitrg without llrst obtaining all required Collter County Buildfurg Permits and approyals, 5. The violation has rot been abated as ofthe date ofthe public hearing, . ORDER Based upon tie foregbing Findings ofFact and Conclusiols ofLaw, arld pursuant to the authority $anted in Chapter 162, Flodda Statutes, and Collie! County Ordinance No.2007-44, as amended, it is hereby ORDERED: A. Respondent is found guilty ofviolating ofCollier Land Development Code 04-41, as amended, I0.02.06(8)(1)(a) and I 0.02.06(B)(l)(e). B. Respondent must abate all violations by obtaining all requiled Collier County Approvals, Building P€rmit(s) or Demolition Permit, Inspection(s), and Certificate ofCompletion-/Occupancy for the enclosed screened patio with new windows and electric on or before February 15, 2018 or r line of $250.00 per day will be imposed for each day the violalioa(s) rcmains thercafter. 1. 6.C.7.a Packet Pg. 219 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) oR 5456 PG 1401 C, D. F. : Respondent must abatg all violatiotrs by oeasing use ofthe unpermitted structue for liviog purposes and disconnect all utilities, until all County Approvals, Permits, Inspections, and Certificate of Completion/Occupancy are obtained on or before November 18, 2017 or a fme of$100.00 per day will be imposed for each day the violation(s) remaitrs thereafter. IfResporde[t(s) fails to comply with this Order, Collier Cotmty may abate the violation using ally method(s) to bring the violation(s) into compliance and may use the assistance ofthe Collier Counfy Sherifrs Office to enforce the provisions ofthis order a1rd all costs ofabatemett shall be assessed to the proPerty owner. Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of $59.91 on or beforqDecember 17, 2017. Respondent shall notift Code Enforcement v/ithin 24 hours ofabatement ofthe violation(s) and request the ilvsstigator to pedorm a site inspection to confirm compliance. i Florida, who is License as identifi cation. My PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Websitel www.colliergov.oet. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis Order may also be obtained at this location. AIPEAL: Any aggrieved pafiy may appeal a final order ofthe Board to the Circuit Court withifl thirty (30) days of the execution of the Orde! appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe recold created within the original hearing. It is the responsibility ofthe appealing pary to obtain a transcribed record'of the hearing Aom the Clerk of Courrs. Filitrg fi Appeal will not automatically stay the Board's Order. CERTIFICATE OT SERVICE _{1 DONE AND ORDEnEO tlis 3O' aay of Noyember, 2017 rt Collier County, Flortda. BOARD STATEOFFLORIDA ) )ss: couNTY oF coLLrER) The foregoillg instum€ot was 20 I 7, by Robert Kaufmaq Chair of the _X_ personally knowr to me or uimny bE{tco Colllmi$im, ffS84545 ExDkes:April 21, 2020 Eondod U!ru Aamn t{olan I HEREBY aERTIFY that a. true and correct coiy ofrhis ORDER has been sent by U. S. Mail to IBO, LLC, 313 Nixon Drive, Immokatee, FL 34142 rhis -{d day ;f N""".U"i zOii. ,4,t€-E'CA,/ntyr-@3 lr*/' ')oLLIER before me rhis$ 6.C.7.a Packet Pg. 220 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) *** oR 5456 PG 1403 **+ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, IBO LLC Ito Case No. CESO2O17 00047 1 2 Respondent(s), STIPULATION/AGREEMENT coMEs NOw, the undersigned, Erhan ozbay , on behalf of himself as representative for Respondent andenfers into this Stipulation and Agreement with collier County as to the resolution of Notices of Violation inreference (case) number CESD2o17OOO4T1Z dated the t t tn Oiy oi May, 2077 . ln consideration of the disposition and resolution of matters outlined in said Notice(s) of Violation for whicha hearing is currently ischeduled for November 17; to promote efficiency in the administration of the resolulion of the matters outlined therein the 1) The violations noted in the and I stipulate to their existence.Converted part of the existing with electric and air conditioninowithout first obtaining all required THEREFORE, it is agreed 'I ) Pav op-erationat costs in m{ ffifuy\sfuil t),b660 i[ (e jrp5{cution of rhis case within 30 code enforcement process; and to obtain a q parties hereto agree as follows: ,4 davs of lhis hearino. \:-\ .'g \Y-" '' F 4.-s 7tl z; ootaining all reqJired corrr[6$quntv Approrur.,]q1rafislilldiq"l or Demorition permir, inspections, and certif'rcate\-ffi\npretion/occufr6pl lli.@, * encrosed screened patio witnnew windows and etectric wifi(n,o,leavs of thisheffiVy'afine of $250.00 p.,.o"y*iti u"imposed until the violation is 3) Cease using the unpermitted strlc{€ECtilELffrposes and disconnect ail utitities within ?1lr:J,y,ltl_"ll countv aqprovars, perrniiE-iirspeaiions and certificate of completion/occupancyare obtained or a fine of $100.00 per day untii the violation is abated.o) I"^t,p.::9:lllrr:t-1?!ifv cq9e. Enforcement within 24 hours of abatement of the viotation and requesrur U rr, vtutiruu anqthe investigatoi pertorni asite inspection to confirm compliance. {24n@E rctic6 sharlb6 bY phone or hx and made dudng lhe worlweek. lfthe viotation is ab;ted 24 hou6 paorto a saturday, sunday or tegat holday. then thsnotiil@rion mlst be msde on the next day thst is not a Saruday, Sunday or tegalhotiday ) 5),Tl*,llTl:,:?^".f-"Lf_"i1"- 19 abate the viotation the County may abate the viotation usins any methodto bring the viotation into compriance and may use tne assiitani'e ot ti,"'C"riiJi C"ijri#i,;;#," f,i#;to enforce the prorvisions of this agreement and all costs of 9;bat666ii\att be ass to the prope(y (sisn)Chris Ambach, Supervisor for Michael Ossorio, Director Code Enforcement Divisionl/ /t//7//1 Datb ti6e of Violr patio to an REV 3-29-16 )c -=f]-E-l-,t 6.C.7.a Packet Pg. 221 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COLINTY BOARD OF COUNTY COMMISSIONERS, PetitioneT vs. IBO LLC, Defendant(s) CEB CASE NO. CESD2OI7OOO47I? AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, tl-re undersigned authority, personally appeared Juan Garcia, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on November 17, 2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to ab4lq-all violations as stated in the Order recorded in the public records of Collier County, Florida in bn eookSlltr pG!@, et. seq. 2. That the respondent did contact the investigator. 3. Tlrat a re-inspection was performed on Monday, November 20th,2017 . 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance on November 17,2017 by shutting the power down at the breaker for the unpermitted structure. FURTHER AFFIANT SAYETH NOT. DATED this 20th day of November,2077. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COTrT{TY OF COLLIER bed before me thisl0 aay of fr01Ari6q ,2017 byJuan Garcia ffifrHir'ffiul(PrinUType/Stamp Commissioned Name of Notary Public) Personally known i Code Enforcement Official 6.C.7.a Packet Pg. 222 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COLINTY BOARD OF COLTNTY COMMISSIONERS, Petitioner vs. IBO LLC, Defendant(s) CEB CASE NO. CESD2OI7OOO47Iz AFFIDAVIT OF NON.COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Juan Garci4 Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on November 17,207'7, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5456 PG__!4qq_. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on 2-15-18. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtain all required Collier County approvals, building permits or demolition permit, Inspections, and Certificate of Completion for enclosed patio with windows and electric. FURTHER AFFIANT SAYETH NOT. DATED this l6 day of February,2018. COLLIER COLINTY, FLOzuDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COLTNTY OF COLLIER C"b ,zoffayJuan Garcia =.$Yffiz c,rffii'ffi'fi*, z%,-W'ssff fl i',,'f #fl 'l|?,ifr lfr I(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { Code Enforcement Official 6.C.7.a Packet Pg. 223 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. IBO LLC, Defendant(s) CEB CASE NO. CESD2OI7OOO47I? AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COTINry OF COLLIER BEFORE ME, the undersigned authority, personally appeared Tony Asaro, Code Enforcement Official for the Code Enforcement Board of Collier county, who after being fully sworn, deposes and says: 1. That on November 17,2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of collier county, Florida in oR Book 5456 PGl400, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [september 4,2018). 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by [obtaining all required Collier County Approvals, Building Permit(s) or Demolition Pemit, Inspections and Certificate of completion/Occupancy for the enclosed screened patio with new windows and electricl. FURTHER AFFIANT SAYETH NOT. I DATED this fl:' I day of [, :,l 1, 2O], COLLIER COLINTY, FLORIDA CODE ENFORCEMENT BOARD ". I.! :-. Code Enforcement Official STATE OF FLORIDA COLINTY OF COLLIER day of S"y'rrlu€l , zo$uy ronyAsaro (PrinVType/Stamp Commissioned Name of Notary public) Personally known i ,nir91h OannY Btanco 6.C.7.a Packet Pg. 224 Attachment: CESD20170004712 IBO LLC IOF (7078 : CESD20170004712 IBO LLC Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7079) DOC ID: 7079 Updated: 10/16/2018 3:08 PM by Helen Buchillon Page 1 CESD20160020044 Scoppettone Imposition of Fines CASE NO: CESD20160020044 OWNER: Teresa Scoppettone OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior renovations/alterations done to interior including but not limited to; kitchen countertops, cabinets, sink, also bathroom cabinets, countertops, toilets and tile work. Work done includes electrical, plumbing and structural. FOLIO NO: 46770280004 VIOLATION 1714 Kings Lake Blvd, Naples, FL ADDRESS: 6.C.8 Packet Pg. 225 CODE ENFORCEMENT. GOLLIER COUNTY, FLORIDA Gode Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERESA SCOPPETTONE, Respondent(s) Case: CESD20160020044 NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME:09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naptes, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1Xa) LOCATION OF VIOLATION: 1714 Kings Lake BLVD, Unit:201, Naptes, FL SERVED: TERESA SCOPPETTONE, Respondent William Marchand, lssuing Officer RESPONDENTS ARE REQUIRED To APPEAR AT 8:30 AM FoR A PRE-HEAR|NG CONFERENCE. HEARINGS TO BEGIN AT 9:OO 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone lF YOU ARE A PERSON WTH A DSABiLITY \,1,tio NEEDS ANYACCOMMODATION lN ORDER TO PARTICIPATE lN THIS PROCEEDTNG, you ARE ENIILEO, AT No COST TO yOU, TO TNEPRor/sloN oF CERTAIN ASslsrANcE, PLEASE coNTAcr rHE coLLrER couNry FAcrLrTlEs MAMGEMENT DEpAnr[reNr ioc,cieD,ir ioiirdiiiiirevr rnrrr MpLEs FLoRroa34112{239)774€800:ASSISTEDLTSTENINGDEvlcESFoRTHEHEARINGIMPAIREoAREAVAILABLElNTHEcouNrrcoraurssior,reiiciinci--'' entsndim enlo @n las @muniec onss do este ewnb. Por ,avor irEiga su pDpio hduclor. AvEiisman - Toul odlsyon yo f6l an angle. Nou pan gln moun pou 16 lradiksyon. Si ou pa pat6 angl6 tanpi vint avdk yon inroprdt pou pat6 pou-ou. 6.C.8.a Packet Pg. 226 Attachment: CESD20160020044 SCOPPETTONE IOF (7079 : CESD20160020044 Scoppettone Imposition of Fines) rNsTR 5534203 0R 5493 DWIGHT E. BROCK, CLERK REc $18.50 PG 3292 RECoRDED 4/4/2OLB 9144 A\4 OF THE CIRCUIT COURT, COLLIER COUNTY PAGES 2 FLORIDA COLLTER COUNTY CODE ENFORCf,MENT CODE ENFORCEMENT BOARD Cese No, - CESD201600200.I4 BOARD OR COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, PetltloDer, YS. TERESA SCOPPETTONE, Respottdent. THIS CAUSE came on for public Code Enforcemetrl Board, having head appropriate matters, hereupon issues its l. Respondent, TERESA Respotrdert was notified Board hasju sdictiol of Respondent, having been ORDER OF TgE CODE ENFORCEMENT BOARD Board on March 22, 2018, and the and heard argument respective to all Enforcement Board as follows: and the Code Enforcement 3. 4.The real prcperty located at I Descriptior: GREENFIELD 341 12 Folio No. 46770280004 (Legat #201) is in violation of Collier County [.and Development Code 04-41, as Xa) iD the followiry particulars: Interior renoystio[s/alteratlons done to interior inchditrg brt not lildted to; kitchen countertops, cabinete, sin\ also bsthrooE cabltretr, countertops, toiletr, tile work Work done hcludes electrical, plumbing, strrctural, etc. 5. The violation has not been abated as ofthe d8te ofthe hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of l,an, aod pursuant to tho authority gra$ted in Chapter 162, Florida Stahrtes, and Collier County Ordinance No.200744, as amended, it is hereby ORDERED: A. Respondent is found guilty ofviolating Collie! County Iind Developm€nt Code 04-41, as amended, Section 10.02.06(BXlXa). B. Respondent must absre the violation by obtaining all inspections tkough Certificste of Completior/Occupancy for Permit PR8D2016103954 and/or obtain any required Demolition Permits, INpections, and Certificate of Corpletior/Occupalcy for any alterations aod retum unit to originally permitted 6tate on or before May 6, 2018 or a fine ofS250.00 per dry will be imposed for each day the violation remains thqeafier. C- If Respondcnt(s) fails to comply with this Order, Collier County may abate the violatioo usiug any method(s) to bring the violation(s) ioto conpliance and may use the assistaoce ofthe Collier County SheriFs Office to enforce the provisions ofthis older aod all costs ofabatemed shall be assessed to the property owner, 6.C.8.a Packet Pg. 227 Attachment: CESD20160020044 SCOPPETTONE IOF (7079 : CESD20160020044 Scoppettone Imposition of Fines) *i* oR 5493 Pc 3293 *** STATE OFFLORIDA ) )ss: COUNTY OF COLLIER) The foregoilg illst:lrmeEt was 20 1 8, by Robert Kaufman, Chair of the _X_ personally loowrl to nre or Respoudent is ordered to pay opention&l costs for tle pfos.cution ofthis case in the amount of$59.42 oD or before Aprll 21, 2018. Respondent shall notiry code Enforcement within 24 hou$ of abatement ofthe violation(s) and request tbe investigator to perform a sitc inspection to confirm compliance. JL DoNE AND oRDEpgp thk 3ot'hay of March,2018 at coltler Cornty' Florids. oailu bl co@o! ffiidi Agti' Bondd$ru n , Florid4 who is s License as ideltification. be paid at the Collin County Codo Phone: (239) 252-2440, W€bsite: confrmation of the satisfaction of the seot by U. S- Mail to Teresa Blvd #201 Naples, FL 341 l2 EAf,ME!I.9LIINE& AnYfines Enforcement Depafiment, 2800 AIfI4Li Ary aggriwed party may appeal a final order ofthe Board to the Circuit Coun within thirty (30) days of tt " ""r"utlon oi.tniOraer appealed. Ar appeal shall not be a hearing de novo, but shall be limited to appcllate reyiew ofthe record created within tbe original hearing. It is th€ res?onsibility ofthe appealing pary to obtain a tralscribed record ofthe hearing Aom the Clerk ofCours. Filiog ao Appeal will Dot automatically slay the Board's Ordcr. www.colliergov.flet, Ar\y rclease of lien obligations ofthis Order may also be CERTIFTCATE OF SERVICE I HEREBY CERTIFY that a rue and correct copy of this ORDER has been Stale ol Flonoa Couoty ot COLLIER I HEREBY CERTIFY THAT this is a true and Scopl,ergone at 5158 I'IW 53d Circle, Coral Springs, FL 33067 ard 1714 Kings Lake l.lris;!f_ day ofMarch, 2018. ,7 to be paid pwsuant of Collier County 6.C.8.a Packet Pg. 228 Attachment: CESD20160020044 SCOPPETTONE IOF (7079 : CESD20160020044 Scoppettone Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENT'ORCEMENT BOARD COLLIER COUNTY BOARD OF COLTNTY COMMISSIONERS, Petitioner vs. SCOPPETTONE, TERESA, Defendant(s) CEB CASE NO. CESD2OI6OO2OO44 AFFIDAVIT OF' NON-COMPLIANCE STATE OF FLORIDA COTINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Johnson, Code Enforcement Official for the Code Enforcement Board of collier county, who after being fully sworn, deposes and says: 1. That on March 22,2018, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5493 PG 3292. 2. That the respondent did/did not contact the investigator. 3 . That a re-inspection was performed on May 7 , ZOl8. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: did not obtain all required permits, inspections, and certificate of completion and occupancy for the interior renovations. FURTHER AFFIANT SAYETH NOT. DATED this lOth day of May, 2018. STATE OF FLOzuDA COLINTY OF COLLIER a"r"r fYla5 ,zoKayJohn Johnson Dannv Blanco EffiflHifi!'i:q,8li goirded ttrru Aamn t{otar COLLIER COUNTY, FLORIDA bed before me this l0 (Print/Type/Stamp Commis.ion.d Nu-" o?Notury puEii.; 6.C.8.a Packet Pg. 229 Attachment: CESD20160020044 SCOPPETTONE IOF (7079 : CESD20160020044 Scoppettone Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COL]NTY COMMISSIONERS, Petitioner vs, SCOPPETTONE, TERESA, Defendant(s) CEB CASE NO. CESD2OI6OO2OO44 AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully swom, deposes and says: l. That on September 28, 2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5493 PG_3292, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on August23rd,2018. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by building permit PRBD2O161039954 being finaled on August 23rd,2018. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of August, 2018. COLLIER COUNTY, FLORIDA STATE OF FLORIDA COLNTY OF COLLIER fiugust , zolS Uy Joseph Mucha HELEN BUCHITLON Commlssion # GG 104629 Expires May 15,2021 Bondod Thru Sudgst Notary SsNlcsr'ffi(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { (or affrrmed) and subscribed before me this Z\thuv or ry Public) 6.C.8.a Packet Pg. 230 Attachment: CESD20160020044 SCOPPETTONE IOF (7079 : CESD20160020044 Scoppettone Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7081) DOC ID: 7081 Updated: 10/16/2018 3:16 PM by Helen Buchillon Page 1 CESD20170003341 Viamonte Imposition of Fines CASE NO: CESD20170003341 OWNER: Eliseo Viamonte OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, As amended, Sections 10.02.06(B)(1)(a)(e) and (i). Alterations consisting of but not limited to: garage conversion into living space with full bathroom and a door installed in rear for private access, no Collier County Permits obtained. FOLIO NO: 36321920008 VIOLATION 5428 27th Ave SW, Naples, FL ADDRESS: 6.C.9 Packet Pg. 231 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. ELISEO VIAMONTE, Respondent(s) Case: CESD20170003341 NOTICE OF HEARING RE: MOTION FOR 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 on the following date, time, and place for the violation below: DATE: 1012612018 TIME:09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a)(e) and (i) LOCATION OF VIOLATION: 5428 27th AVE SW, Naples, FL SERVED: ELISEO VIAMONTE, Respondent Delicia Pulse, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 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. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE A PERSON WTH A OISAEILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEOING, YOU ARE ENIITLED,A'T NO COST TO YOU, TO THE PROV]sION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COU MIY FACILITIES MANAGEMENT DEPARTMENT LOCATEO AT 3301 EAST TAMIAMI TRAIL, MPLES FLORIDA 34112 (239)774-8800i ASSISTED LISTENING OEVICES FOR THE HEAR NG IMPAIRED ARE AVAILABLE lN THE COUNry COMMISSIONERS'OFFICE €ntondimDnto con las comunicacrones de ests ev.nlo. Por lavor L?iga su prcpio lradlclon Avetsman - Tout odisyon yo let an a,rgl6 Nou pan gin moun pou 1O lradiksyon Si ou pa paE angld lanp.i vini avak yon inleprdt pou paE pou4u 6.C.9.a Packet Pg. 232 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) rNsTR 5435719 oR 5420 pG 3497 RECoRDED 8/L/2OL7 9:36 AM PAGES 3 DWIGHT E, BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $27.00 COLLIER COIJNTY CODE ENFORCEMENT CODE ENT'ORCEMENT BOARD Case No. - CESD20170003341 BOARD OI' COI'NTY COMMISSIONERS COLLIER COIJNTY, FLORIDA, PetitioDer, YS. ELISEO VIAMONTE, ResporldeDt. ORDER OF THE CODE ENT'ORCEMENT BOARI) THIS CAUSE came on forpublic Enforcement Board, having heard appropriat€ matters, hereupon issues its l, Respondent, ELISEO Respondedt was notified Board has jurisdiction of Respondent, having been EsquLe. 4, The real property located at GOLDEN GATE UNIT 6 BLK 41, as amended, Sections 10.02.06(8 Board on July 27, 2017, and the Code and heard argument respective to all Enforcement Board, as follows: and the Code Enfolcement his attomey, Melinda fuddle, o. 36321920008 (Lcgal Descriptior: County Land Development Code 04- particulars: Alterations consistlng ofbut not li[ited to: garage conversion iuto Uvhg space wlth full bathroom atrd a door installed in rear for prlv&te access, no Collier CouDty Permlts Obaailed' 5. The violation has flot beetr abated as of the date of the hearing. ORDER Based upirn the foregoing Findings ofFact and Conclusions of [aw, and pusuant to the authority gantad in Chapt€r 162, Ftoiida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby oRDERED: A. Respondett is found guilty of violating collier county Lard Development code 04-41, as amended, Sections 10.02.06@)(l)(a)(e) aod (i). B. Respondent must sbate the violation by obtaining all required collier county Building Permit(s) for garage conversion into living space to include a fiIl barhroom, and unpermitted alterations or Demolitiol Fe.,iit to .".tore home to a permitted state, obtainilg all requircd inspections and Certi6cate of completior/occupaacy on or before November 24, 2017 or a line $250.00 per day will be imposed for each day the violatiou(s) remains thereafror. C. Respondent must abate tbe violation by ceasiug and desistiug use of gamge as living space and disconnect all utilities on or before August 3, 2017 or 8 fine of$250.00 per day will be impose.d fo! each day the violation(s) remains thereafter. 6.C.9.a Packet Pg. 233 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) oR 5420 PG 3498 D. , IfRespondent(s) fails to comply with this Order, Collier County may abate the violation using any method(s) to bring the violation(s) into oompliance and may use the assistarce of the Collier County Sheriffs Of6ce to enforce the proyisions ofthis order aod all costs ofabatement shall be assessed to the property owner. Respondent is oldered !o pay opemtiooal costs for the prosecution ofthis case in the amount of$64.00 oo or before August 27, 2017. Respoadent shall notiry Code Enforcement within 24 hours of abatement of the violation(s) and rcquest the investigato! to perform a site inspection to coofirm compliaoce. F. PAYMENT OF FINES: Any fines oldered to be paid pu$uant to this Order may be paid at the Collier Couty Code Edorcemert DepartErent, 2800 Noth Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, websitei www.colliergov.ngt. Any release of lien or confirmation of cornpliance or confimation of the satisfaction of the obligations ofthis Order may also be obtained at this locatiotr. APPEAL: Any aggrieved party may appoal a final older ofthe Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the heariag from the Clerk ofCourts. Filing an Appeal will not automatically stay the Board's Order. CERTIF'ICATE OF SERVICE DoNE AND oRDEnro oi, 3 l$/a., ,, Lfr15.....-,rol7 at cot[er county, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATEOFFLORIDA ) )ss: corJNTY OF COLLiER) The for€goitrg instiument was Danny Commisshfl, 2017. bv Robert Kauftnan Chair o: X -personally known to me or ExDkes: Apill 21, 2020 goided thru Aarofi Noul'My commission expires: who is as identification. I HEREBY CERTIFY that a true and correct copy of this oRDER has been sent by u. s. Msil to Eliseo x;Hil? ;i',5&;""?:y"?+5t i;.'"[ *t'" tseuirer500 Airnon Road south' Napres' 6.C.9.a Packet Pg. 234 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COI.INTY BOARD OF COLTNTY COMMISSIONERS, Petitioner vs. VIAMONTE, ELISEO, Defendant(s) CEB CASE NO. CESD2O17OOO3341 AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 27, 2017, lhe Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5420 PG 3497. 2. That the respondent did contact the investigator. 3. Tlrat a re-inspection was performed on [August3,2017]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [All signs of someone occupying garage altered space were removed. Utilities remain.l FURTHER AFFIANT SAYETH NOT. DATED this [16th] day of [August], 2017. STATE OF FLORIDA COLNTY OF COLLIER ,2ol? by Delicia Pulse DannY Blanco rJl Jiffi8ll goilcd $ru Aaron romrY(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { COLLIER COLINTY, FLORIDA Code Enforcement Official before me ttrisf,{ auy or $C,p} 6.C.9.a Packet Pg. 235 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIER COUNTY BOARD OF COI-rNTY COMMISSIONERS, Petitioner vs. VIAMONTE, ELISEO, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE CEB CASE NO. CESD2O17OOO3341 STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully swom, deposes and says: 1. That on July 27, 2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5420 PG 3497 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [November 28, 2017]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [violation remains] FURTHER AFFIANT SAYETH NOT. DATED this [29th] day of [November], 2017. STATE OF FLORIDA COLTNTY OF COLLIER and subscribed before me this 14t", of NoVCvu lo.e , 201:l by Delicia Pulse (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { COLLIER COUNTY, FLORIDA Code Enforcement Official (Siglnature of Notary .;&*e,:*q[i***]:, 6.C.9.a Packet Pg. 236 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) INSTR 5511030 oR 5477 PG 2474 RECoRDED 2/75/2078 10:27 Al,4 pAGEs DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC s18. 50 COLLIER COI'NTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD20170003341 BOARD OF COI'NTY COMMISSIONERS COLLIER COUNTY. FLORIDA, Petitioner, vs. ELISEO VIAMONTE, Respondent. i THIS CAUSE came before s Motion for Impositio! Fines/LieDs on January 26,2018 argument respective to all appropriate matters, hereupon Board, as follows: Respordent was found Code 04-41, as amended, Sections 10.02.06@)(1)( Alterations consistilg of but not with full bathroom and a door inst.lled in rear Ohtained Based upon the foregoing, and pursuant to tho authority $anted in Chapter 162, Ftorida Statutes, and Coltiff County Ordinance No. 07-44, as amended, it is hercby ORDERED: A- The Re,lpondent's Motion for Continuance ofthis case is GRANTED until May 26, 2018. B. All parties shatl be re-noticed for the subsequent hearing date. C, Fines shall accrue during the Coatinuance period. access, no Collier DONE AND ORDEnEO tnis 4fl aay of February, 2018 at Colller County, Florida. State ol Flo da County of CoLLIER CODE ENFORCEMENT BOARD is a rue and Colliet County 6.C.9.a Packet Pg. 237 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) *** oR 5477 PG 2475 **r STATE OF FLORIDA ) )SS; COUNTY OF COLLIER) The foregoing i[strument was ackoowledged U"fo." -" mi, /aay of February, 2018, by Robert l(iufman, Chair ofthe Code Enforcement Board ofColtier County, Florida, who is _X_ personally known to me or _ who has produced a Florida Driver's Liccnse as identification. Danny Blamp nllmHfi#:1313 gohded tnru Aalon iluap My commission expircs: PAYMENT Of FINES: Any hnes ordered to be paid pursuant to this Order may be paid at the Collier Couofy Code Enforcement'bepartment, 2800 North Horseshoe Drive, Naples, FL 34104, Pho\e (239) 252-2441,Websirel www.collierqov.net. Any release of lied or or conErmation ofthe satisfaction ofth€ obligations ofthis Order may also be Coun withir thirty (30) days of s[all be limited to appellate the appealing party to oblain a automatically stay the Board's : I HEREBY CERTIFY Viamollte at 5428 27d Ave SW, sent by U. S. Mail to Eliseo APPEAL: Any aggrieved party may the execution ofthe Order appealed. T review ofthe record created within dr and cofiect coDv of L 34116 this 7 d 6.C.9.a Packet Pg. 238 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD cEB CASE NO. C8SD20r 7000334r COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. VIAMONTE, ELISEO, Defendant(s) AFFTDAVIT OF PARTIAL COMPLIANCE STATE OF FLORIDA COLTNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcemenr Official for the Code Enforcement Board ofCollier County, who after being fully sworq deposes and says: l. That on July 27,2017,the Code Enforcement Board held a hearing and issued an Order in the above-styled mafter and stated that Defendant(s) was to abate all violations as staled in the Order recorded irr the public records of Collier County, Florida in OR Book 5I2LPG lEZ, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [February 14, 2018]. 4. That the re-inspection(s) revealed that Part C of the corrective action order€d by the Code Enforcement Board was in compliance by [Ceasing use of garage as living space and utilities removed]. FURTHER AFFIANT SAYETH NOT. DATED this [ 5th] day of [February], 2018. STATE OF FLORIDA COLINTY OF COLLIER u"ro,.,n" rt'ir{!fla", "r FOAfUafS ,2o8by oelicia eutse Danny Bhoco commi$lon, F{M545 Expkes: April 21, 2020 Bondcd $ru loton uotan' .-i$sY4;z i+#s(Print/Type/Stamp Commissioned Name of Notary Pubtic) Penonally known { COLLIER COUNTY, FLORIDA Code Enforcemen't Offi cial 6.C.9.a Packet Pg. 239 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) BlancoDanny From: Sent: To: Subject: PulseDee Wednesday, May 9, 2018 1 0:41 AM BlancoDanny FW: CESD201 70003341 5428 27th Ave SW Danny, Owner requestinB more time and wants to request at the May 24th hearing. Thanks, Dee From: Eliseo Viamonte Imailto:cheowegas54@gmail.com] Sent: Tuesday, May 08, 2018 5:51 PM To: PulseDee <Dee.Pulse@colliercountyfl.gov> subject: Re: cESD20170003341 5428 27th Ave 5W Good moming Dee its Eliseo Viamonte .the documents for the modification at the house willbe sumited this week but theres not enough time to be done on time and will need a extension time to complete all this prosses .so can we ask for a new extra time to complete then all and conclude with this prcses ? I will sed you copies of all .thank you Eliseo Viamonte. On Apr 19, 2018 10:43, "PulseDee" <Dee.Pulse@collie wrote: Eliseo, Please see attached continuance. Time is too May 26,2018. If you are going to need more time, you will want to let us know so we can schedule for the May 24th hearing. I would need to know by May 10th. Please contact me with any further questions. Thanks ! Dee Deficin Aufse (Oee) Senior Investigator Code Enforcement Division z8oo N. Horseshoe Drive 1 6.C.9.a Packet Pg. 240 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) Tel. (zag) z5z-248t Fax. (zSg) 252-2845 Delicia.Pulse@colliergov.net *HOW ARE WE DOING?" Please CLICK HERE to Jill out a CUSTOMER SaRVEY. w€ aPP rcciate g o u r TQed ba c k t Under Florida Law, e-mail addresses are public records. lf you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. lnstead, contact this office by telephone or in writing. 2 6.C.9.a Packet Pg. 241 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COLJNTY COMMISSIONERS, Petitioner vs. VIAMONTE, ELISEO, Defendant(s) CEB CASE NO. CESD2O17OOO3341 AFFIDAVIT OF PARTIAL COMPLIANCE STATE OF FLORIDA COLNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I . That on July 27, 2017 , the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5420 PG 3497, et. seq. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [February 14,2018]. 4. That the re-inspection(s) revealed that Part C of the corrective action ordered by the Code Enforcement Board was in compliance by [Ceasing use of garage as living space and utilities removed]. FURTHER AFFIANT SAYETH NOT. DATED this I l5th] day of [February], 201 8. STATE OF FLORIDA COLTNTY OF COLLIER before me tt;r$p4"y ", QO[f.la$ , zoSur Delicia pulse Danny Blanco Commision# ff984545 Expires: April 21, 2020 Bonded thlu Aaron Notan'(Print/Type/Stamp Commissioned Name of Notary Public) Personally known { COLLIER COLTNTY, FLORIDA Code Enforcement Offi cial 6.C.9.a Packet Pg. 242 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) rNSTR 5568894 oR 5519 pG 3592 RECORDED 6/LL/2OL8 10:50 AM pAGEs DWIGHT E. AROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC $18.50 State ol Florida COLLIER COI'Nry CODE ENFORCEMENT CODE ENFORCEMENT BOARD Csse No. - C8SD20170003341 BOARD OF COTiNTY COMMISSIONERS COLLTER COIJNTY, FLORIDA, Petitioner, vt. ELISEO VIAMONTE, Re6pondert, THIS CAUSE came before s Motion for Continuancc on May 24, 2018, and the Code to all appropriate rnatters, hereupon issues its Fi[dings of RespoDdent is chalged Code 04-4 I , as amended, SectioDs 10.02.06(BXlXa in the Alterations consisting of but not garage with full bathroom and a door installed itr rear acccss, no Collier Oba!ined {r\lv-,, Based upon the foregoing, and pursuant to the authority grarted in Chapter 162, Florida Statutes, and Colli€r Couty Ordinance No. 0744, as amended, it is hereby ORDERED: A. The Respondent's Motion for Continuarce ofthis case is GRANTED until September 21, 2018. B. All parties shall be re-noticed for the subsequent HeariDg Date. C. Fines shall continuc to accrue during the Continuance psriod. DONE AND ORDERED tbls l$ aay ofJure 2018 at Collier Couofy, Florida. County of CoLLIER _ nd_:I HERESY CERT,]F\IHAIJhh iS A ITUE A1 correal cogY otr'a, documenl €f,rle in i^".i ni'.,i"'.;na aerrrdi ot futlier County correal cogY oi'a, documrr{cnfle in Boad M,ni.ki;iod. Rerrrrs U.B[ier 6.C.9.a Packet Pg. 243 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) *** oR 5519 PG 3593 **+ STATE OF FLORIDA ) )SS: couNTY oF CoLLIER) .s{ The fore8oing insrument was ack-oowledged before me this I_ day ofJune 2018, by Robert Kaufman, Chair of the Code Enforcement Board ofCollier County, Floridq who is _X_ penonally krown to me or _ who has produccd a Florida Driver's License as identification. 'xn ryBlllco C.ilddmrEtE{8lS Ernt$:Ml2t,eflOgoirldfirullo{til@ PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Older may be paid qt the Collier County Code Enforcement Department,2800 Nonh Horseshoe Drive, Naples, FL 34104, Phone, (239) 252-2440,Website, www.colliergov.net. Any release oflien or or confirmation ofthe satisfaction ofthe obligations ofthis Order may also be AIPEAL: Any aggrieved party may the execution ofthe Order appealed. ,. Court within thirry (30) days of shall be limited to appellate review ofthe record created within the appe&ling party to obtaiD a traascribed record ofthe hearing Ord€r. automatically stay the Board's I HEREBY CERTIFY Viamonte at 5428 l7s Ave S\tr, sent by U. S. Mail to Eliseo 34116 this j:! day 6.C.9.a Packet Pg. 244 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) COLLIER COUNTY, F'LORIDA CODE ENI'ORCEMENT BOARD COLLIERCOUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. VIAMONTE, ELISEO, Defendant(s) CEB CASE NO. CESD2O17OOO3341 AFFIDAVIT OF NON.COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Offrcial for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on July 27,2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5519 PG 3592 . 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on [September 24,2018]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [Violation remains.] FURTHER AFFIANT SAYETH NOT. DATED this ,stl dav of []october' 2018' ..LLIER couNTy, FL.RIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COLINTY OF COLLIER Sworn (PrinVType/Stamp Commissioned Name of Notary Public) Personally known { before metr,i, t54 a"yor OO{OLgt,zolffiyDeliciaputse AltoniloBrY Code Enforcement Offi cial 6.C.9.a Packet Pg. 245 Attachment: CESD20170003341 VIAMONTE IOF (7081 : CESD20170003341 Viamonte Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7085) DOC ID: 7085 Updated: 10/16/2018 3:40 PM by Helen Buchillon Page 1 CESD20140011921 Otero and Portillo Imposition of Fines CASE NO: CESD20140011921 OWNER: Omar Otero SR and Liliana L Portillo OFFICER: Michael Odom VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Expired permits for fencing and structures on the property. FOLIO NO: 39651600008 VIOLATION 4886 16th St NE, Naples, FL ADDRESS: 6.C.10 Packet Pg. 246 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNry COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. OMAR OTERO SR AND LILIANA L PORTILLO, Respondent(s) Case: CESD201 4001192'l NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section '162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME:09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(BX1Xa) LOCATION OF VIOLATION: 4886 16th ST NE, Naples, FL: SERVED: OMAR OTERO SR AND LILIANA L PORTILLO, Respondent Michael Odom, lssuing Omcer 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IFYOU ARE A PERSON WTHA DISABILIry \A/1.IO NEEDS ANY ACCOMMODATION IN ORDERTO PARTICIPA'TE IN THIS PROCEEOING, YOUARE EN'TITLEO, AT NOCOST TOYOU, TOTIIE PROV]SION OF CERTAIN ASSISTANCE, PLEASE COMTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENI LOCATED AT 3301EAST TAIMIAMITRAIL, NAPLES FLORIDA 34112 (239)77448@: ASSISTEO llSlENlNG DEVICES FOR THE HEARING IMPATRED ARE AVAILABLE lN Tl.iE COUNTY COMMISSIONERS OFF]CE ontend mjgnlo con las comunics.iones d6 esle sv6nio. Por lavor lraiqa su prcpio traductor, Avei sman - Tout odisyon yo fdt an angld Nou pan gin mdn pou fd t_adiksron Si ou pa paE angle lanpd vini alek yon inldpral po! pal6 pold 6.C.10.a Packet Pg. 247 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) INSTR 5246815 oR 5257 PG 889 RECoRDED 4/1-/20t6 9:15 Ali,! PAGES 2 DVJTGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARI) Case No. - CESD20l400l l92l BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Peaitiotrer, vs. OMAR OTERO SR. and LILIANA L. PORTILLO, RespondeIlts. THIS CAUSE came on for Board on March 24, 2016, and the Code Enforcement Board, having and heard argument respective to Enforcement Board, as follows:all appropriate matters, hereupon l Respondents, OMAR owners ofthe subject property. Respondents were notifred and the Code Enforcement Board has jurisdiction ofthis Respondents, having been duly The real property located at 4886 16'h St.FL, Folio # 39651600008 (Legal: GOLDEN GATE EST UNIT 60 TR l6 AND N 180 FT OF TR l7) is in violatior ofCollier County Land Development Code 0441, as amended, Section 10.02.06(8)(l)(a) in the following particulars: 5. The violation has not been abated as ofthe date ofthe public hearing Expired permits for fetrcing and structures on the property. ORDER Based upon the foregoing Findings of Fact and Conclusions ofl-aw, and pursuant to the authority garted in Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby ORDEMD; A. Respondents are found guilty of violating Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)( I )(a). B. Respondents must abate the violation by obtaining all required Cotlier County Building Permit(s) or Demolition Permit, inspections and Certificate of Completioi/Occupancy on or before March 18,2017, or a fine of$100.00 per day will be imposed for each day the violation remains thereaffer. 3. 4_ 6.C.10.a Packet Pg. 248 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) *** oR 5257 PG 890 *** D. IfRespondents fail to comply with this order, the collier counfy code Enforcement Department may abate the violation using any melhod to bring the violation into compliance. [fnecessary, the couhty may request the services ofthe collier county sheriffs office for the purpose of accessing the property for abatement. All costs ofabatement shall be assessed against the propety. Respondents ara ordered to pay operational costs for the prosecution ofthis case in tho amoult of$64.I7 or or before April23, 2016, Respondents shall notify the Code Enforcement Investigator ofthis case within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this 3d-day oI $,\-a4 -v+.2016 at Co ier County, Florida. STATE OF FLORIDA ) )SS: couNTY oF coLLIER) The foregoing instrument was 2016, by Roben Kaufman, Chairv,- personally known to me , Florida, who is as identification. .w", KEBRYTDA S MYCoM lSSl0{tff13s,/21 EXPIRESi July 8, 2018 Sond€dI ! Bldgel N6ry Sfl lc{3 PAYMENT OF FINES: Anv fines Code Enforcement Department, 2800 Nonh wlrw.collicrgov.net. Any release of lien or stale ot Florida may be paid at the Collier County 34104, Phone: Q39) 252-2440, W ebsne: or confirmation of the satisfaction of the obligations ofthis Order may also be obtained at this location. APPEAL: Any aggieved party may appeal a final order ofthe Board to tho Circuit Court within thirry (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shalt be limited to appellate review ofthe record created within tbe original hearing. It is the responsibility ofthe appealing party to obtain a hanscribed record ofthe hearing ftom the Clerk ofcourts. Filirg an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true ard correct copy ofthis ORDER has been sent by U. S. Mail to Omar Otero, Sr. and Liliana L. Portitlo, 19727 NW 846 Place, Miami, FL 33015 thi*Cl:day of r\,,\q,? , 2016. CODE ENFORCEMENT BOARD Countv ol CoLLIER...,..,,.,., r HERENaIb{t14f&dtrs is a rruo and corect Board orIfle in ; ;'f qllier County 6.C.10.a Packet Pg. 249 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) INSTR 5374645 oR 5368 pc 3562 RECoRDED 3/6/2OL7 12:03 pM pAGEs 3 DWIGHT E. BROCK, CLERK OF THE CIRCUfT COURT, COLLIER COUNTY FLORIDAREc $27.00 COLLIER COT]NTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD20140011921 BOARD OF COUNTY COMMISSIONERS COLLIER COUNIY, FLORIDA, Petitioner, Yl. OMAR OTERO SR. and LILIAIYA L. PORTILLO, Respondents. THIS CAUSE came on for the Code Enforcement Board, advised in ths premises, hereupon Enforcement Board, as follows: on February23,20l7, and of Time and being duly and Order ofthe Code Respondent is charged Code 04-41, as amended, Section 10.02.06(8)(l)(a) in the Expired property. Based upon the foregoing, and pursuart to the autiority granted in Chapter 162, Florida Statutes, and Collier County Ordinancc No. 07-44, as amended, it is hereby ORDERED: A, The Respondent's Motion for Continuance of this case is GRANIED until June 23, 2017. B. All parties shall be re-noticed for the subsequent hearing date. C, Fiaes shall accrue during the Continuance period. DoNE AND oRDEnot ris &7 oa" oi $9 b , zorr at cotlier County, I.'rorida, 1. CODE ENFORCEMENT BOARD Chair 6.C.10.a Packet Pg. 250 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) *+* oR 5368 pG 3564 *** STATE OF FLOzuDA ) )ss: COTJNTY OF COLLIER) The forcgoing instrument was acknowlcdged before me this f|- d"y "f Se t 20l|by Robert Kaufman, Chair ofthe Code Enforcemert Board ofCollier County, Florida, who is C/ personally known to me or - who has produpedjr Florida Drive/s]License as identification. DanflY Blanco commislon, ff9845rr Exoiles: ADril 21,2020 Boided thru Aaron Nolar,/ .:$x/zz ,h,ffi PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcemeut Department,2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440,Websitei wwrtr.colliersov.net. Any release oflien or coDfirmation ofcompliance or confimation ofthe satisfaction ofthe obligations ofthis Order may also be obtained at this location. APPEAL: Anv apsrieved oartv mav aorreala the execution of the Order appealed. An reyiew ofthe record created within the transcribed record ofthe heaiing from Order. I HBREBY CERTIFY that Sr. aad Liliana L. Portillo,19727 NOTARY PUELIC My cofimissiirn expiresi to the Circuit Coult within thirty (30) days of novo, but shall be limited to appellate ofthe appealing party to obtain a llot automatically stay the Board'sofcourts. Filing an 6.C.10.a Packet Pg. 251 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) COLLIER COUNTY, FLORJDA CODE ENFORCEMENT BOARI) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner CEB CASE NO. CESD2O14OOI1921 OTERO SR, OMAR LILIANA L PORTILLOOTERO S& OMAR LILIANA L PORTILLO, Defendan(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michael Odom, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully swom, deposes and says: l. That on March 24, 2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendan(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5257 PG_EE9_. 2. That the respondent did contact the investigator. 3 . That a re-inspection was performed on Monday, March 20 , 2017 . 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance *ith the following conditions: No certificates of completion/occupancy have been obtained for permits associated with this violation. FURTHER AFFIANT SAYETH NOT. DATED this 20th day ofMarch,2017. COLLIER COLTNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before me thi " XT+h d"y ,f f'1|qf Dh , 20f by Michaet odom (PrinVTypdStamp Commissioned Name of Notary pubiic) Personally known i .-ffi JosEPfl tfr,cNlA MY mw6st0il , FF US EXPIBES:Apd a, A19 B01*d nn gutd Ncbry Sl,*6 Code Enforcement Offi cial 6.C.10.a Packet Pg. 252 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIERCOUNTY BOARD OF COTINTY COMMISSIONERS, Petitioner CEB CASE NO. CESD2OI4OOII9ZI vs. OTERO SR, OMAR LILIANA L PORTILLOOTERO SR, OMAR LILIANA L PORTILLO, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Michael Odom, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on March 24,2016, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was in violation as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5257 PG_EE!_. 2. That the respondent did contact the investigator. 3. That a re-inspection was performed on Monday, March 20,2017. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: No certificates of completion/occupancy have been obtained for permits associated with this violation. FURTHER AFFIANT SAYETH NOT. DATED this 20th day of March , 2017 . COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLOzuDA COTINTY OF COLLIER Swom;[qioraffirmed) and subscribedbeforemethis |A+h auy ot l\tlAfgh ,zofTby Michael odom Public) (PrinUType/Stamp Commissioned Name of Notary Public) Personally known J ":.F111.,.," JosEpHMuotA..W-. Tfffi[,3,'[],';:ffi,. ?rt'oF?F,l[.o-BonceoltrruouogitNobryseryhes Code Enforcement Official e7u- Michael Odom 6.C.10.a Packet Pg. 253 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) INSTR 5435721 oR 5420 pG 3503 RECoRDED 8/t/2ot7 9:36 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 DoNE AND oRDE*ro tr,ir3lS{ o"y or COLLIER COUNTY CODE ENTORCEMENT CODE ENT'ORCEMENT BOARD Case No. - CESD20140011921 BOARD OF CO{'NTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, v3. OMAR OTERO SR, and LILIANA L. PORTILLO, Respondent. TIIIS CAUSE came or for Board on July 27, 2017, and the Code Enforcement Board, having of Time and being duly advised in the premises, hereupon issues its as follows: oftle Code Enforcement Board, Respondent is oharged Code 04-41, as amended Section 10.02.06(8)(lXa) Erpired Based upon the foregoing, and pursuant to the iiEo-rity granted in Chapter 162, Florida Statutes, and Collier County Ordioance No. 07-44, as amended, it is hereby ORDERED: A. The Code Enforcement Board continues this mattc! u[til Janwry 27,2018. B. All parties shall be re-roticed for the subsequedt hearing date. C. Fines shall continue io accrue duriog &e Continuance peliod. Slare o1 l-londa County of COLLIER a true and in Collier County seal this before the Code 7 at Collier County, Florida. IHEREBY 6.C.10.a Packet Pg. 254 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) *** oR 5420 PG 3504 *** STATEOFFLORIDA ) )ss: COIJNTY OF COLLIER) The foregoing imtumeDt was acknowledged Uetore me tt is !..flaay or 2017, by Robert Kautnan, Chair ofthe Code Enforcement Board ofCollier Coudlr, Florida, who is X personally known !o me or - who has produced I Florida Driver's License as identification. Danny ElEllco Comi$lion#mE4tl5 Erplr*: Apdl 21, 2020 qonded thru Aam Noht' PAYMENT Of' FINES; Any fines ordered to be paid pusuart to this Order may be paid at the Collier County Code Enforcement Deparonent, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440,1vebsite: wl w.co11io!gov.net. Ary r€lease oflien or or confirmation ofthe satisfaction ofthe obligations ofthis Order may also be A?PEAL: Any aggrieved pafiy may Court within thirty (30) days of the execution ofthe Order appealed.shall be limited to appellate review ofthe record created within the appealing party to obtain a eanscribed record of the hearing Order. automatically stay the Board's I HEREEY CERTIFY Otero Sr. and Liliana Portillo at I NOTARY and coEect copy of 84'r, PL, Miami, FL 6.C.10.a Packet Pg. 255 Attachment: CESD20140011921 OTERO AND PORTILLO IOF (7085 : CESD20140011921 Otero and Portillo Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7086) DOC ID: 7086 Updated: 10/16/2018 3:46 PM by Helen Buchillon Page 1 CESD20140017894 Garcia Imposition of Fines CASE NO: CESD20140017894 OWNER: Jose F Garcia OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Incomplete home. FOLIO NO: 40420400004 VIOLATION 2087 Desoto Blvd North, Naples, FL ADDRESS: 6.C.11 Packet Pg. 256 CODE ENFORCEMENT - GOLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintifr, vs. JOSE F GARCIA, Respondent(s) PLACE: VIOLATION: Case: CESD201 40017894 3299 Tamiami Trail East Building F, Naples, FL 34112 Building Permit LDC I 0.02.06(8)(1XA) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 TIME: 09:00 AM LOCATION OF VIOLATION: 2087 Desoto BLVD N, Naples, FL SERVED: JOSE F GARCIA, Respondent Paula Guy, 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)- 252-5892 Telephone IF YOU ARE A PERSONWTHA OISABILITY v\'l.]O NEEDS ANY ACCOMMOOATION LN ORDER TO PARTICIPATE IN THIS PROCEEOING, YOU ARE ENTiTLED,AT NO COST TO YOU. TO THE PROMSION OF CERTAIN ASSISTANCE, PLEASE CONTACT TH E COLLIER COUNTY FACILITIES MANAGEMENT DEPARTM€NT LOCAIED AT 3301 EAST TAMIAMI TMIL, MPLES FLORIDA 34112 (239)n4€800i ASSISIED LISTENING OEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE lN THE COUNTY COMMISSTONERS'OFFICE eniendimignto con las comunicacio6s d€ esie ewnro. Por favor tra 9a su prop o tEduclor, AGIisman - Tdt odlsyon yo ldl an angl6. Nou pan gin moun p.u ia lradiksyon Si ou pa pal6 anglA lanpd vini avAk yon inlaprat pou pal6 pou4 6.C.11.a Packet Pg. 257 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) rNSTR 5135523 0R 5163 DWIGHT E. BROCKI CLERK REC $18.50 PG 1490 RECORDED 6/15/2075 OF THL CIRCUIT COURT, COLI IFR 10: 52 AM PAGES COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD20140017894 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs, JOSE F. GARCIA, Respondent. THIS CAUSE came on for Board on May 28,2015, and the and heard argument respectiye to Enforcement Board, as follows: Code Enforcement Board, having all appropriate matters, hereupon Respondent, JOSE F. Respondent was notified and tho Code Enforcement Board has judsditor of Respondent, having been duly The real property located at 2087 FL Folio #40420400004 (Legal Description: GOLDEN GATE EST., IINIT 72 N. 180 FT OF TR. 97), is ill violation of Collier County Land Developm€nt Code 04-41, as amended, Section 10.02.06(BXIXA), in the following particulars: Imomplete home 5. The violation has not beerl abated as ofthe date ofthe public healing. ORDER Based upon the foregoing Findings of Fact and Conclusions oflaw, and pursuant to the authority granted in Chapier 162, Flo da Statutes, and Collier County Ordinance N0.2007-,14, as amended, it is hereby ORDERED: A. Respoodent is fouDd guilty ofviolating Collier County Land Development Code 04-41, as amended, Section 10.02.06(BXlxA). B. Respondent musr abate the violation by obtaining all required Collier County building pemit(s) or demolition permit, inspections and Certificate ofCompletiorL/Occupancy or or betorcMay 22,2016 or a fine of $200.00 per day will be imposed for each day the violation remains th€reafter. C. IfRespoudent fails to comply with this Oder, the Collier Couoty Code Enforcemenl Departmert may abate the violation ushg aDy method to b ng the violation into compliance. lfnecessary, the County may requesl the services ofthe Collier County Sheriffs Office for the purpose ofaccessing the property for abatement. All costs ofabatement shall be assessed against the Property. l. , 3. 4. 6.C.11.a Packet Pg. 258 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) *** oR 5163 PG 1491 *** D.Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of$65.85 oD or before June 28, 2015. Respondent shall notiry the Code Enforcemeot Investigator ofthis case within 24 hous ofabatement or compliaoce so that a final inspection may be performed to confirm compliance. DONE AND ORDERED tbis I aayof tf tte. . Z0l5 at Collier County, Florida."T- STATEOFFLORIDA ) )SS: couNTY oF coLLrER) The foregoing instrum€nt was acknowledged before me this 2015,!y Robert Kauftnan, Chair ofthe Code JZ1 personally known to me or wb PAYMENT OF FINES: Any Codg Enforcement Department, www.colliergov.net. Any release obligations ofthis Order may also APPEAL: Any aggrieved party the executiol ofthe Order appealed. review of the record created within the transcribed record ofthe hearing Aom the Order. I HEREBY CERTIFY that a true Garcia, 1875 16s Ave. N.E., Naples, FL and correct 34120 this be paid at the Collier County (239 ) 2 52 -2 4 40, W ebsite I of the satisfaction of the Coun within thirty (30) days of but shall be limited to appellate of the appealing party to obtain a will not automatically stay the Board's boen sent by U, S. Mail to Jose F. Attomey for the Code Enforcement Board 681 Goodlette Road N., Ste.210 Naples, Florida 34012 (239) 26t-6909 at this location. a final order ofthe CF,RTIFICATF] OF SERVICF- is ORDER June, 2015 6.C.11.a Packet Pg. 259 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) rNSTR 5262824 oR 5270 pc 2598 RECoRDED 5/6/2OL6 4:25 pM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNry FLORIDA REc $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD2Ol40}fi894 BOARD OF COUNTY COMMISSIONERS CoLLIER COUNTY, FLORIDA, Petitioner, vs, JOSE GARCIA, Respondent. THIS CAUSE came on for Code Enforcement Board, having this matter until the next hearing Conclusions of Law, and Order of Respondent is charged Section 10.02.06(BXIXA Board on April29,20l6, and the Official, moved to continue issues its Findings of Fact, Code 0441, AS AMENDED, granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is hereby ORDERED: A. The board continues this matter until October 28,2016. B. All parties shall be re-noticed for the subsequent hearing date. C. Fines shall accrue during the Continuance period. STATE OF FLOzuDA ) )SS: COUNTY OF COLLIER) DoNE AND oRDERED this 5fD oay of I\AffI. 2016 atcollier counry, Florida. following particulars : ,\"\Incomplete home 6.C.11.a Packet Pg. 260 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) *** oR 5270 PG 2599 *** OTARY PUHLIC My commission expires: PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Wobsite: www,colliergov.net. Any release of lierl or confirmation of compliance or conhrmation of the satisfaction of the obligations ofthis Order may also be obtained at this location. APPEAL: Any aggrieyed party may appeal a flnal order of the Board to the Circuit Coun withi[ thirty (30) days of the execution ofthe Order app€aled. An appeal shallnotbe a hearing de novo, but shallbe limited to appellate review ofthe record created within the original hearing. It is the responsibilify ofthe appealing party to obtain a transcribed record ofthe hearing from the Clerk ofcourts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a kue and has been sent by U. S. Mail to Mr. Joes Carcia, 1875 166 Ave. NE, Naples, FL 341 oNvw-/r{ + /ES\ &J/.o"/w 6.C.11.a Packet Pg. 261 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) rNsTR 5330840 oR 5330 pc 3009 RECoRDED AU3/20L6 4:05 p[4 PAGES 2 DMGHT E, BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REc $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. - CESD2o140017894 BOARD OT COUNTY COMMISSIONERS COLLIER COTINTY, FLORIDA, Petitiotrer, YS. JOSE F. GARCIA, RespoDdent. THIS CAUSE came on for Board on October 28, 2016, and the Code Enforcemest Board, havidg Official, moved to continue rhis matter until the next hearilg issues its Findings of Fact, Conclusions of Law, arrd Order of Respondent is charged Code 04-4 1 , AS AMENDED, Section 10.02.06(8)(l)(A)l Based upoD the folegoing, and pursuant to the gmnted in Chapter 162, Florida Statutes, and Collier County OrdiDarce No. 07-44, as ameded, it'is hercby ORDERED: A. The board continues this matter until April 28, 20 I 7. B. All parties shall be re-noticed for the subsequent healing date. C. Fines shall accnre during the Continuaace period. following particulars: Incomplete home st /./^o rc ''r.a l) /{v DoNE AND oRDERED thh A da y oI N0 y' .2ol6st cotlier county, tr-lorida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 6.C.11.a Packet Pg. 262 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) *** oR 5330 PG 3010 *** Danny Blanco Commisslon t ff984545 Expires: April 21, 2020 Bonded thru Aarcn l'loEry PAYMENT OR FINES; Any fioes ordered to be paid pusuant to tbis Order may be paid at the Collier County Code Enforcement Department, 2800 North Holseshoe Dlive, Naples, FL 34104, Phonet (239) 252-2440,Webslb: wwr .colliergov.net. Aay release of li€n or confirmation of compliance or confirmation of the satisfactiol of the obligations ofthis Order may also be obtained at this location. AIPEAL: Any aggrieved party may appeala final order oftle Board to the Circuit Court within thtty (30) days of the execution ofthe Order appeeled. A! appeal shallIIot be a hearing de novo, but shall be limited to appellate review of the record created within the origiual hearing. It is tbe lesponsibility of the appealing pafiy to obtain a fanscdbed record ofthe hearing from the Clerk ofcourts. Filing an Appeal will oot automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true aod has been sent by U. S, Mail !o Mr. Joes Garcia, 1875 16s Ave. NE, Naples, FL 34 20r6. State ol Florida County of Cot]-lER ' this is a true and ontle in Colller County this NOTARY /q :fr R\ lq, 6.C.11.a Packet Pg. 263 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) INSTR 5412784 oR 5400 PG 3547 RECoRDED 6/2/2OL7 9:O8 AM pAGEs 3DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC $27.00 COLLIER COUNTY CODE ENT'ORCEMEI{T CODE ENI'ORCEMENT BOARI) Case No. - C8SD20140017894 BOARD OF COUNTY COMMISSIONERS COLLIER COI'NTY, FLORIDA, Petltiorer, vs. JOSE T, GARCIA, Respondent. THIS CAUSE came on for public Code Enfolcemeot Board having this matter and being duly advised in order ofthe Code Enforcement Respondent is charged1. Board on May 25, 2017, and the Official, moved to contittue Fact, Conclusions ofLaw, and Code 04-41, AS AMENDED, Section 10.02.06(BXIXA Based upon the foregoing, and h Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as arnende4 it A. The Respondent's Motion for Confinuauce ofthis case is GRANIED until August 23, 2017. B. C. All parties shall be re-noticed for the subsequent heariDg date Fines shall accrue during rhe Continuance period. DoNE AND oRDEnrn u,ir 3C" o * ff)O!.rorrat collier county, Florida. STATE OFFLORIDA ) . )SS: COUNTY OF COLLIER) testimony of the hereupon issues its l{*":"T":'j-.-l-/5 6.C.11.a Packet Pg. 264 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) *** oR 5400 PG 3549 *** The foregoing instrument was acknowledged before me this fQ day of 2017, by Robert Kaufinan, Chair ofthe Code Enforcemetrt Board ofCollier Coun6,f Florida, who is -X- personally known to me or - who has produced a Florida Driv6's Lic€nse as identificatio[. Danw Blalrco HHftfiffi ioiroed $ru namn mwY PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collie! County Code Edorcemelt Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2M0' Websitei wwwcolliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations ofthis Order may also be obtained at this location, APPEAL: Any aggrieved parry may appeal a final order ofthe Board to the Circuit Coult withiD thtty (30) days of the execution ofthe Order appealed. An appeal shall not be a learing de novo, but shall be limited to appellate revi€w of the recoid created within the original hearing. lt is the responsibility of the appealing pady to obtain a trarucribed record ofthe hearing from the Clerk ofCourts. FiliDg all Appeal will not automatically stay the Board's Order. I HEREBY CERTIFY that a Garcia, 1875 16tt Ave. NE, Naples, becn sent by U. s, Mail to M!. Iose F 'AY*'\*t/Sw 6.C.11.a Packet Pg. 265 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) COLLIER COI]NTY, FLORIDA CODE ENFORCEMENT BOARI) COLLIERCOLINTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. GARCIA, JOSE F, Defendant(s) CEB CASE NO. CESD2OI4OOI7894 AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLTNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Paula Guy, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fu1ly sworn, deposes and says: l. That on May 28,2015, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the public records of Collier County, Florida in OR Book 5163 PG 1490 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on September 28,2018. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent must abate the violation by obtaining all required building pemrit, inspections and Certificate of Completion/Occupancy on or before May 22,2016. FI-]RTHER AFFIANT SAYETH NOT. DATED this l2th day of October, 2018. STATE OF FLORIDA COLTNTY OF COLLIER ibed before me this 11 auy ot hdo&-, 2l1lbyPaula Guy (PrinUType/Stamp Commissioned Name of Notary Public) Personally known { "Ofl.il.a," HELEN BUCHILLoN *--\_gri4 * Commlssion # GG 104629 *jftp6. Expires May 15,2021''696-g90! 8oodrd Ihru 8ud0!tNolrry Sofllcgs COLLIER COLINTY, FLORIDA 6.C.11.a Packet Pg. 266 Attachment: CESD20140017894 GARCIA IOF (7086 : CESD20140017894 Garcia Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7087) DOC ID: 7087 Updated: 10/16/2018 3:58 PM by Helen Buchillon Page 1 CESD20160020990 A&B Web Ventures LLC Imposition of Fines CASE NO: CESD20160020990 OWNER: A&B Web Ventures LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section(s) 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Screen enclosure removed prior to obtaining Collier County Permit(s). FOLIO NO: 33400000169 VIOLATION 408 La Peninsula Blvd, Naples, FL ADDRESS: 6.C.12 Packet Pg. 267 TIME: CODE ENFORGEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. A&B WEB VENTURES LLC, Respondent(s) Case: CESD20160020990 NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 ANI PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: lmprovement Priorto Building Permit 10.02.06(BX 1)(a) and 10.02.06(8)(1Xe) LOCATION OF VIOLATION: 408 La Peninsula BLVD, Naples, FL SERVED: A&B WEB VENTURES LLC, Respondent Joseph Mucha, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 Code Enforcement Board at least five (5) business days prior to the date set for the hearing. lT lS FURTHER ADVISED that Ordinance No. 07-44, as amended, be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Helen Buchillon COLLIER COUNry CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU ARE APERSONWTH A OISABILITY \,ltlo NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEOING YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF C€RTA]N I.SSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMITRAIL NAPLES FLORIDA 34112 {239)774 8800;ASSISTEO LISTENING DEVICES FOR IHE HEARING IMPA REO ARE AVAILABLE lN THE COUNTY entondimiento con l6E @munic:cion* d6 .sl6 6vdio. Por fawr t_aiqa su podo rEdudo.. Avelisma - T@l odlsyon yo fdl an arEl6. Nou psn gin nroun p@ t6 traditGyon Si ou pa pal6 angl6 tanpd vlni av6k yon inBpr& p@ pala pou{o 6.C.12.a Packet Pg. 268 Attachment: CESD20160020990 A&B VENTURES LLC IOF (7087 : CESD20160020990 A&B Web Ventures LLC Imposition of Fines) INSTR 5412780 oR 5400 pG 3517 RECoRDED 6/2/20a7 9:08 A[,] pAGEs 2DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDAREC s1a - 50 COLLIER COIJNTY CODE ENFORCEMENT CODE ENFORCEMENT BOAITD Case No. - CESD20160020990 BOARI} OF COIJNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA, Petitioner, vs. A&B WEB VENTIJRES LLC, Responde]tt. THIS CAUSE came on for Code Enforcement Board, having appropriate mattels, hercupon Respondent, A&B WEB Respofld-ent was [otifi ed Board has jurisdiction of Board on May 25, 2017, and the and heard argument respective to all Board, as follows: and the Code Enforcement l. 3. 4. Respondent, having been duly at the Public Hearing. The real property located at 408 La 34113, Folio # 33400000169 (Legal: 400 LA PENINSULA A CONDOMINI(M violation ofthe Collier County LaDd Development Code 0+41, as amended, Sectioas 10.02.06(BXlXa) and 10.02.06(B)(l)(e) in the following particulars: Screen enclosure reEoved prior to obtalnlng Collier Courty Permit(s). 5. The violation has not been abat€d as ofthe date ofthe hearing, ORDER Based upoD the foregoing Findings ofFact and Conclusions ofLaw, arld pu$uant to the autholity grantgd ir Chapter 162, Floriita Stanrtes, and Collier Counfy OrdinaDce No.2007-44, as amended, it is hereby ORDERED: A, Respordent is found guitty ofviolating Collier County Laod Developmert Code 0441, as amended, Sections 10.02.06@)(1)(a) and 10.02.06(BXlXe). B. Respondent must abate the violation by obtaining all required Collier County Building permit(s) or Demolition Permit, inspectiols and Certificate ofConpletion/Occupancy on or before Februsry 19, 2018 or a flne of$50.00 per day will be imposed for each day the violation remains thereafter. before the Code 6.C.12.a Packet Pg. 269 Attachment: CESD20160020990 A&B VENTURES LLC IOF (7087 : CESD20160020990 A&B Web Ventures LLC Imposition of Fines) *** oR 5400 PG 3538 *** C.IfRespondent fails to cornply with this Order, the Collier County Code Enforcement Department may abate the violation using any method to bring the violation into compliance. Ifnecessary, the County may request the services ofthe Collier County Sheriffs OJIice for the pupose of accessing the property for abatement. All costs of abatement shall be assessed against the ploperty. Respondetrt is oldered to pay operatioMl costs for the prosecution ofthis case in the amoult of$65.85 oll or before Ju[e 24, 2017. Respondent shall notiry the Code Elforcement Investigator ofthis case within 24 hours of abatement or D. E, compliance so that a final inspection may be performed to confirm compliance. ^ r$[ .,,/"r DoNE AND oRDEnnr,rrs 30rl"y or 2017 at Collier County, Florida. CODE ENFORCEMENI BOARD COLLIER COUNTY, FLOzuDA : STATEOFFLORiDA ) . )ss, couNIY oF coLLrER) The foregoing inskument was 2017, by Robert lGufman, Chair who is _X_ personally known to me as identification. Commission Expires: A9ril Bonded thru larm PAYMENT OF FINES; Any fires ordeled to be paid pusuant to this Order may be paid at the Collier County Code Enforcement Deputment 2800 North Horseshoe Drive, Napl€s, FL 34104, Phone: (239) 252-244O, Website: www'collielgov.net. Any release of li€n or confimation of compliance or confirmation of the satisfaction of the obtigations of this .Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order ofthe Boald to the Ciicuit Coud within thirty (30) days of the executior ofthe Order appealed. Ar appeal shall rct be a hearing de novo, but shall be limited to appellate review ofthe record created within the original hearing, It is the responsibitity ofthe appealing party to obtain a hanscribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE THAT.!his is a true and Liineni.rin-nte in lecordi oJ eoller County Sll this I HEREBY CERTIFY that a true and corect copy of this qBDER has bee4"sent by U. S. Mail ro A&B Web State or Ftorloa/entrrres LLC at 408 La Peninsula BIvd,, Naples, FL j+rrsthisSOaayot lYldCl'-zotl. County o, COLLIER 6.C.12.a Packet Pg. 270 Attachment: CESD20160020990 A&B VENTURES LLC IOF (7087 : CESD20160020990 A&B Web Ventures LLC Imposition of Fines) COLI,IER COUNTY, FLORIDA CODE ENFORCEIT{ENT BOARD .: COLLIER COUNTY BOARD OF COUNTY COMMiI:SIONERS, Petitioner CEB CASE NO. CESD2O16OO2O99O vs. A&B WEE VENTURES LLC, Defendant(s) AFFIDAVIT OF NON-COM STATE OF FLORIDA COI.JNTY OF COLLIER BEFORE ME, the undersigne;.1 authority, personally appeared V.irginie Giguere, Code Enforcement Officia.l for the Code Enforcement Board of C:llier County, who after being iully swom, deposes and says: 1 . That on May 25, 20 1 '.: . the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations^as stated in the Order reccrdeC in the public records of Collier Co, nty, Florida in OR BookSt0O-PGjt3J. 2. Ttrat the respondent d',1 not contact ihe in vestigator. . ,, 3. That a re-inspection \"as perforrned on February 20,2018. 4. That the re-inspection revealed that the corrective action ordered by the Cocle Enforcement Board was not in compliance with the following conditions: permit for removal of screen lanai has expired prior to the Ccrtificate of Comple ion being issued. FURTHERAFFIA}.IT SAYE ]H NOT. DATED this 20th day of Iebruary,20iB. STAI'E CF FLORIDA COL'NTY OF COLI-IER (Print/Type/Stamp Comm i ssio;;:d l.lame of Notary Publ jc) Personaily knr.rwn { t I ,lbed before rrre this 20th day of February, 201 E by Virgirrie Giguere OannY Blanuo Conrmision # tf 118454'.' Exoires: April 81, 2020 aoirdel thnr Aarltn Notar : COLLIER CCUNTY, FLORIDA, CODE ENFORCEMENT BOA / ,tffi tJannYururcu Commision#fB845qi Exlires: APrll 21, 202i' Bondao thni Aaron t\lolai 6.C.12.a Packet Pg. 271 Attachment: CESD20160020990 A&B VENTURES LLC IOF (7087 : CESD20160020990 A&B Web Ventures LLC Imposition of Fines) COLLIER COIINTY, F'LORIDA CODE ENTORCEMENT BOARI) COLLIER COIINTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. A&B WEB VENTIIRES LLC, Defendan(s) cEB CASE NO. Cf,SD20160020990 AI'rIDAVIT OF COMPLIAIICE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Ofiicial for the Code Enforcement Board ofCollier County, who after being fully swom, deposes and says: 1. That on May 25, 2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records ofcollier County, Florida in OR Book 5400 PG 3537, eL seq. 2. That the respondent did contact the investigator. 3. That a re-inspection \ as performed on July 20th, 2018. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by permit PRBD2OI80&0306 for removal ofthe screen enclosure has been finaled . FURTHER AFFIANT SAYETH NOT. DATED this 20th day ofJuly,2018. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD STATE OF FLOzuDA COT'NTY OF COLLIER before me this A}lld"v ,r dUl y , 201$by Joseph vucha @rint/Iype/Stamp Commissioned Name of Notary Public) Personally known J sl:1,:y...6 HETENBUcHLToN . ^D.ad1 . Commissjon { GG ,04629gJESp.. Erprres May ,5. 2021?orir$- Borx lr,,u 8!a6 x6o s"rgo. ed) and subsgribed (Si$tature of Notary Publi-) 6.C.12.a Packet Pg. 272 Attachment: CESD20160020990 A&B VENTURES LLC IOF (7087 : CESD20160020990 A&B Web Ventures LLC Imposition of Fines) Code Enforcement Meeting: 10/26/18 09:00 AM Department: Code Enforcement , Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 7089) DOC ID: 7089 Updated: 10/16/2018 4:06 PM by Helen Buchillon Page 1 CESD20170002774 N-A Properties LLC Imposition of Fines CASE NO: CESD20170002774 OWNER: N-A Properties LLC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, 10.02.06(B)(1)(a)(e) and (i). In ground swimming pool on property with no barrier and no permits obtained. FOLIO NO: 38169440007 VIOLATION 5630 Copper Leaf Ln, Naples, FL ADDRESS: 6.C.13 Packet Pg. 273 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, VS. N-A PROPERTIES LLC, Respondent(s) Case: CESD20170002774 TIME: NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 1012612018 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(BX1Xa)(e) and (i) LOCATION OF VIOLATION: 5630 Copper Leaf LN, Naples, FL SERVED: N-A PROPERTIES LLC, Respondent Delicia Pulse, lssuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 Code Enforcement Board at least flve (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. Helen Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone IF YOU AREAPERSON WTHA OISABILITY WHO NEEDS ANY ACCOMMOOATION IN ORDER TO PARTICIPATE INTHIS PROCEEDING, YOU ARE EN'TI'LED, AT NO COST TO YOU, TO THE PROVISION OF CERIAIN ASSISIANCE, PLEdISE CONTACT THE COLLIER COUNTY FAC1LITIES MAMGEMENI DEPARTM ENT LOCAT€O AT 3301 EAST TAMIAMI TRAIL, MPLES FLORIDA 34112 (239)7744800] ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIREOARE AVAILABLE IN THE COUNry CO[,IMISSIONERS,OFFICE enlondimiento @n las comunicsoofes d6 est6 6venio. Por favor raiga su popio rEductoi Av6tisman - Toul odisyon yo tdl an anqla. Nou pan gin moun po! lA tradiksyon 5i ou p3 pal€ anglO {anpd vini avak yon inlaprdt pou pale poua 6.C.13.a Packet Pg. 274 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) rNSTR 5480878 0R 5456 DWIGHT E. BROCK, CLERK REC s35,50 'PG 1396 RECoRDED a2/8/2it7 OF THE CIRCUIT COURT, COLLIER 12 :43 Pl,l PAGES COUNTY FLORIDA COLLIER COUNTY COIIf, ENEORCEMENT CODE ENFORCEMENT BOARI) Case No. - CESD2O110002774 BOARD OF COUNTY COMMISSIONERS COLLIER COIJNTY, FLORIDA, Petitioaer, vs. N-A PROPERTIES LLC, Respondent, THIS CAIISE came on for Board on November 17,201'1. and the Code Enforcer4ent Board,and hgard argument respective Enforcemelt Board, as follows:to all appropdate mafters, l. Respondent, N-A 2. Respondent was notified Board has jurisdiction of and the Code Enforcement 3. At the hearing, the Respotrdent hereto as Exhibit "A'. The Stipulation is adopted as an Ordei comply. and the Respondent is ordered to The real property located at 5630 Copper Leaflane, Naples, FL, Folio No. 3 8169,140007 (Irgal Description: GOLDEN GATE EST UMT 30 N l80FT OF TR 105) is in violation of Collier Lard Development Code 04- 41, as amdnded, 10.02.06(BXlXaXe) and (i) in the following particulars: In ground swimming pool otr property wlth no barrier and no permlts obtalned. The violation has not beerl abated as ofthe daie ofthe public heariBg, SBDB Based upon the foregoing Findings ofFact and Conclusions oflaw, and pwsuant to the authority granted in Chapter 162, Flodda Statutes, and Collier Courty Ordinanoe No.2007-44, as amended, it is hereby ORDERED: A. Respondent is found guilty ofviolating ofCollier Land Development Code 04-41, as amended, 10.02.06@)(l)(a)(e) and (i). ..-, B. Respoodent must abate all viotations by obtaini[g all required Collier County Building Permit(s) or Demolition Permit(s), Inspection(s), and Certificate ofCompletior/Occupancy for the in-groirnd pool and a permaneDt barrier arouDd the pool otr or before January 1,2018 or a line of$100,00 per day will be imposed for each day the violation remains thercafter, 6.C.13.a Packet Pg. 275 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) oR 5456 PG 1397 C. :. Respondent must abale the violation by e!€cti[g a tempolary barrier around the pool on or before Nov€mber 20, 2017 or s llne of$150.00 per day will be imposed for each day the violations remains th€reafter. IfResponden(r) fails io comply with this Order, Collier County may abate the violation using any methodG) to bri[g the violation(s) into clmpliance aud may use the assistance oflhe Collier County Sheriffls Ofrce io enforce the provisions ofthis order and all costs of abatement shall be assessed to the property owuer Respondent is ordered to pay operational costs for the prosecution ofthis case in the amount of$59.49 or or before December 17, 2017. Respondent shall rotifr Code Enforcement within 24 hours ofabatement ofthe violation(s) and lequest the iDvestigator to perform a site inspection to confirm compliance, D. E, F, , Florida, who is as identification. uanry Bhnco \ corffigsknlffP[454b Eiiiiee. ipdl21, 2020 Boided thru Aatm l'lotan I HEREBY CERTIFY that -a aue and coriect boiy ofthia ORDER has been sent by U. S. Mail to N-A-Propenies, LLC, c/o its Registered Agent, Thomari G. Seplirski, 4269 Enterpiise Ave., Naples, FL 34lM this lQ day of My Order. .( DONE AND ORDEnEO tnts -10 t Cay of Novenber 2017 at Collier County, Florida. BOARD STATBOFFLORIDA ) ., )SS: COT'NTY OF COLLIER) The foregoing insbunent was 2017, by Robert Kaufman, Chair _X_personally known to me or expires: PAYMENT OF FINEST Any fil1es ordered to be paid pursuant to this Order may be paid at the Collier County Code Enforcement Department, 2800 North Honeshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, 'V.lebsitel www.colliergov.net. Any release of liell or confirmation of compliance or confirmation of the satisfaction of the obligatioos ofthis Ordcr may also be obtained at this looation. APPEALT Any aggrieved party may appeal a final order ofthe Board to the Circuit Coud within thiny (30) days of the execution of the Order appealed. An appeal shall not be a hearing de oovo, but shall be limited to appellate review of the recoJd created within the original hearing. It is the responsibility ofthe appealing parry to obtain a banscribed record of the hearing from the Clerk of Courts. Filing an Appeal will rot automatically stay thc Board's Novimber,2oli i--L 6.C.13.a Packet Pg. 276 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) *** oR 5456 PG 1399 *** BOARD OF COUNTY CONTMISSIONERS Collier County, Florida Petitioner, vs. N-A Properties LLC coMESNow,theundersisned, ihorot6*eqnk*behatrof himsetf or u/n€'-dit--',zJ< representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20170002774 daled the 'l5th day of June, 2017 . 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 Nou. 17,2 efficiency in the adrninistration of the code enforcement process; and to oblain a of the matters outlined therein the parties hereto agree as follows:1) The violaiions noted in the and I stipulate to their existence. ln ground swimming pool on THEREFORE, it is agreed between 1) 2) of this case within of Violation ard 4V ,/ Case No. CESD2O17 000277 4 Respondent(s), STIPU LATION/AG REE MENT Pay operational costs in the 30 days of this hearing, Abate all violations by:ng Permit(s) or Demolition the in ground pool and aPermit, inspections, and permanent banier around pool or a fine of g---l!P.ot per day will be imposed until the violation 3) Must erect a temporary barrier $ I <a' per day will be imposed until 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the lnvestigator perform a site inspection to confirm compliance. (24 houE nonc€ shallbe by phore orlax and mEdedGlng tn6 worhveek. flhe violation isab.ted 24 houB p.id lo a Salurday, Sunday or lesal holiday, lhsn lhe nolnBton musl b€ mad€;n llle nsn day thal is nol a Salurday, Sunday or legal hollday ) 5) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abateme]Cdh-alle assesselJg ihe property owner. Christopher Ambach, Supervisor for Michael Ossorio, Director Code Enforcement Division rr/r"/rt' espondent or Represe )vlvxl,"t-Date REV 3-29-16 6.C.13.a Packet Pg. 277 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENTBOARD COLLIERCOUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. N-A PROPERTIES LLC, Defendant(s) CEB CASE NO. CESD2OI7OOO2774 AFFIDAVIT OF PARTIAL COMPLIANCE STATE OF FLOzuDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared John Johnson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: l. That on November 17,2017, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations-as stated in the Order recorded in the public records of Collier County, Florida in bR gook St{S6 pClSlL et. seq. 2. Thatthe respondent did not contactthe investigator. 3. That a re-inspection was performed on November 21,2017. 4. That the re-inspection(s) revealed that the corective action ordered by the Code Enforcement Board for part C was in compliance by installing a temporary pool bamier. FURTHER AFFIANT SAYETH NOT. DATED this 6th day of December,2ll7. STATE OF FLORIDA COLINTY OF COLLIER Sworn (Signature (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { beforeme r^, 6lA auyorlaa ,t,be{,zlt7byJohn Johnson DamY Blanco Commisiur# Ftg8454! Exolrcs: A9ril 21, 2020 Boirded $ru Aarm Notan COLLIEB COUNTY, FLORIDA 6.C.13.a Packet Pg. 278 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COLTNTY BOARD OF COLNTY COMMISSIONERS, Petitioner vs. N-A PROPERTIES LLC, Defendant(s) CEB CASE NO. CESD2OI7OOO2774 AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COLINTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: L That on November 17, 2017, the Code Enforcement Board held a hearing and issued an Order above-styled matter and stated that Defendant(s) was to [] as stated in the Order recorded in the records of Collier County, Florida in OR Book 545ePG-13-96. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on [January 4,2018]. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [Permits not obtained and finalized] FURTHER AFFIANT SAYETH NOT. DATED this [4th] day of [January], 2018. STATE OF FLORIDA COUNTY OF COLLIER in the public before me tr,irQJh dav or fon \ror5 , zo-!6uy Delicia Pulse Danny Blanco Commision # Ft984il$ Expires: April 21,2020 Bonded thru Aaron Nolan (Print/Type/Stamp Commissioned Name of Notary Public) Personally known { COLLIER COLINTY, FLORIDA Code Enforcement Official affinned) and 6.C.13.a Packet Pg. 279 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) rNsTR 5596363 0R 5540 PG CLERK OF THE CIRCUIT COURT REc $18.50 2990 RECoRDED 8/7/20L8 9:04 AM PAGES 2 AND COMPTROLLER, COLLTER COUNTY FLORIDA COLLIER COUNTY CODE ENFORCEMENT CqDE ENFORCEMENT BOARD Case No. - CESD20170002774 I BOARD OF COT]NTY COMMISSIONERS COLLIOR COI]NTY, FLORIDA, Petitioner, vs. N.A PROPERTIES LLC, Respondent. THIS CAUSE came before Finedliens on July 26, 2018, and matters, hereupon issues its Findinglof Respondent was found Sections 10.02.06(BXl In-ground '-.---'v }\\,/ Board upoXt!itioner's Motion for Imposition Board, having respective to all appropriate as follows: Q+)g.*,$/ti\-\ t l(Irlrl( ,/{'},1\:-;..1'r- , i:F I: r' t-tl L.. Based upon the foregoing, and in Chapter 162, Florida Statutes, and Collier County Ordinance No. 07-44, as amended, it is ORDERED: The Respondent Motion for Continuance of this case is GRANTED until September 24,2018. All parties shall be re-noticed for the subsequent hearing date. Daily fines shall continue to accrue during the continuance period. A. B. C. State of Flonda County of COLLIER c0rrect Board D9NE AND SRDERED this 3- day of August 2018 at cotlier counry, Florida- .- -1 [s a Eue and i0,,,'.,, Hi$*tY riB f-riffi'prnouJen WIT day I 6.C.13.a Packet Pg. 280 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) *** oR 5540 PG 2991 *** STATEOFFLORIDA ) )SS: couNTY OF COLLIER) The foregoing instrument was acknowledged before rre ttris 33aay^of August 201S, biRob;n Kaufinaru Chair of the Code Enforcement Boaxd of Collier Couoty, Florida who is _X__ poroually known to me or _ wbo has produced a Florida Driver's License as idertification. .riYr4e, HEIENBUCHIILoNs{llt conunhrlonf GG 104029 ;.XffiJ *:r#,H;H;l- review of the record created withinihe transcribed record ofthe hearing from Order. i PAYMENT OF FIIIES: Any fines ordered to be paid pursuant to this order maY be r:9:::1.":;1t:1"":H[ Code Enforcement Department, 2800 North FL 34104, Phone: (239) 252'244f., Website: www.colliereov.net. Anv release of lien or confirmation of the satisfaction of the obligations of this Order may also be APPEAL: Any aggrieved PartY the execution of the Order appealed-.'' An \-\ My commission expires:- seot by U. S. Mail to N-A ofAugust 2018. limited to appellate 6.C.13.a Packet Pg. 281 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COI.'NTY BOARD OF COUNry COMMISSIONERS, Petitioner vs. N-A PROPERTIES LLC, Defendant(s) 2. 3. 4. FURTHER AFFIANT SAYETH NOT. DATED this Ist] day of [October],2018. STATE OF FLORIDA COLNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) Personally known i CEB CASE NO. CESD2OI7OOO2774 AFFIDAVIT OF NON-COMPLTANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Delicia Pulse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 17, 2017, the Code Enforcement Board held a hearing and issued an Order above-styled matter and stated that Defendant(s)- lvAS to [] as -stated in the Order recorded in the records of Collier County, Florida in oR Book Sc{S6 nc iiq 6 . in the public ^5(That the respondent di$bbntact the investigator. That a re-inspection was performed on [September 25, 2018]. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: [Violation remains] , 2ol8 by Delicia Putse COLLIER COLINTY, FLORIDA CODE ENFORCEMENT BOA Code Enforcement Official beforemetr,t, lS{ a"r", 0JoLgf Danny Blanco ikz commhsion#Fm84545 ,.LE r*pirn, APrl 2t' ?!?-9 6.C.13.a Packet Pg. 282 Attachment: CESD20170002774 N-A PROPERTIES LLC IOF (7089 : CESD20170002774 N-A Properties LLC Imposition of Fines)