CEVR20180005925 NOVCase Number: CEVR20180005925
Date: May 10, 2018
lnvestigator: Virginie Giguere
Phonet 239-252-2325
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: ERIC P SOLOMON & CAMMERON SOLOMON
4OO1 SANTA BARBARA BLVD #327
NAPLES, FL 34104
Location: 6180 Hidden Oaks LN
Unincorporated Collier County
Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 97 W 180FT OF TR 47 OR 1276 PG 1146 Folio:
41933120003
NOTICE
Pu6uant 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: Collier County Land Development Code 04-41, as amended, Section 10.02.06(BX1Xa) &
10.02.06(B)(1 )(e)
Collier County Land Development Code 04-41, as amended, Section 3.05.01(B), Section 3.05.02(GX5), and Section
3 05.04(D)
10.02.06(B)(1Xa) - The County Manager or his designee shall be responsible for determining whether applications for building or land
alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no
building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations,
and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization lo
alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,
site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved,
added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without flrst obtaining the authorization of the
required permit(s), inspections and certiflcate(s) of occupancy as required by the Collier County Building Code or this Code.
10.02.06(B)(1)(e) - lmprovement of property prohibited prior lo issuance of building permit. No sile 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.
Exceptaons to lhis 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 oGggtlgElgqojl 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.
3.05.01(B) - lt shall be unlaMul for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, flduciary,
corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which
includes placing of additional flll, without first obtaining a vegetation removal or vegetation removal and flll permit from the County
lvlanager or designee, excepl as hereinafrer exempted.
3.05.02(G)(5) - A vegetation removal permit is not required for the following situations: Hand removal of prohibited exotic and non-
native vegetation. See LDC Section 3.05.05 for mechanical removal of prohibited exotic and non-native vegetation.
3.05.04(D) - Unless otheMise authorized by a vegetation removal permit, no soil is to be removed from within the drip line of any
vegetation that is to remain in its original location.
Violation Status - lnitial
DESCRTPTTON OF CONDTTTONS CONSTTTUTTNG THE VTOLAT|ON(S).
Did Witness:
1. Removal of native vegetation where the total area cleared exceeds the one (1) acre allowed to be cleared by the
Building Permit issued for construction of a principal structure, and removal of native vegetation ground coverwithin a Wetland area.
2. Mechanical clearing of ground cover within the drip line of Native canopy trees including, but not limited to,
Bald Cypress.
3. Mechanical clearing of Prohibited Exotic Vegetation without first obtaining a Vegetation Removal Permit, andremoval of small amount of soil within the drip line of vegetation that is to remain in its original location.
Mechanical clearing is defined as clearing that would impact or disturb the soil or sub-soil'layer or disturb theroot systems of plants below the ground,
OROER TO CORRECT VIOLATIOIG)i
You are directed by this Notice to take the following corrective action(s):
1. lf a Vegetation Removal Permit for a qualified approved accessory structure or accessory use cannot be obtained for
any part of the vegetative clearing, owner must submit a Mitigation Plan which meets the criteria pursuant to Section
10.02.06 (D)(3)(a), (b), (c), and (d), and must obtain approval of, and complete the installation of, the required plantings to
restore native vegetation in all three strata (canopy trees, mid-story plants, and ground cover). Provision must be made
for irrigation of the new plantings, and new plantings must have 80 percent survival for a period of no less than 3 years. A
maintenance provision of no less than 3 years must be provided in the restoration plan to control invasion of exotic
vegetation. The Mitigation Plan shall be prepared by a person who meets or exceeds the credentials specified in the Land
Development Code or Chapter 7 of the Administrative Code, unless waived by the County Manager or designee. For
impacts to Wetland area through the clearing of native vegetative ground cover, owner must obtain an Environmental
Resource Permit or Exemption letter from the Florida Department of Environmental Protection.
2. As part of the Mitigation Plan, must submit a time zero monitoring report to document all native trees that have been
affected by mechanical clearing. Affected trees shall include, but are not limited to: trees which have
had root systems affected by mechanical clearing and trees which have been altered as a result of mechanical clearing.
lnclude with time zero monitoring report:
a. Restoration plan to include replacement strategy of any dead or dying native
trees/vegetation affected by mechanical clearing that may occur within a2yeat petiod.
b. Dead or dying native trees/vegetation shall be replaced with like species and monitored to
ensure 80 percent survivability for a period of no less than 3 years.
c. All replacement trees shall be planted in accordance with Collier County Land
Development Code.
3. Must immediately cease all land clearing and/or vegetation removal using mechanical means without obtaining required
County Building Permit or Vegetation Removal Permit in advance of the work.
ON OR BEFORE: June 9,2018
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 that may result in flnes up to $1000 per day per violation, as long as the violation remains, and
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
cosls of prosecution.
SERVED BY
0'1800 925
lnvestig
Virginie
Case Numbe
r Signature
uere
Phone: 2
rg natu re a
0 FAX: 239 252-2343
t*-, (nd Title of Recipient
,)l/ttr-t.'-
Printed Name ofR pie nt
Date
.This violation may requirE additional compliance and approval from other depa.tments which may be required under local, state and tederal
regulations, induding, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, lnsubstantial
Ch;nge to Site Oevel;pment Plan, and Variances along with, payment of impact fees, and any new o. outstanding tees required for approval.
5 o