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CEB Agenda 09/22/2022CO ter COUnty Growth Management Department Code Enforcement Division Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 September 22, 2022 9:00 AM Robert Kaufman, Chair Kathleen Elrod, Member Danny Blanco, Member Chloe Bowman, Member Sue Curley, Member John Fuentes, Member Lee Rubenstein, Member Tarik N. Ayasun, Alternate Zully Ruiz, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME • CASE NO: CESD20210001477 OWNER: FOUR AMIGOS 3 LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted improvements/alterations including, but not limited to, kitchen, classroom, office, and bathroom on the second floor. FOLIO NO: 281720002 PROPERTY 544 Commercial Blvd, Naples, FL ADDRESS: MOTION FOR RE -HEARING B. STIPULATIONS (NON -CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS • CASE NO: CELU20210009717 OWNER: AZTECA SUPER MARKET 2000 INC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Running a Bar/Night Club without all Collier County approvals and authorization as well as no current business tax receipt. FOLIO NO: 81681120001 PROPERTY 208 W Main St, Immokalee, FL ADDRESS: 2. CASE NO: CEPM20210000793 OWNER: David C Arnold OFFICER: John Johnson H 5. 6. VIOLATIONS: Collier County Land Development Code 04-41, As amended, Section 10.02.06(B)(1)(a). An owner/builder demolition permit has expired. FOLIO NO: 50890480000 PROPERTY 2665 Holly Ave, Naples, FL ADDRESS: CASE NO: CELU20220003027 OWNER: HOME DEPOT USA INC OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 4.02.12(A) and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181. Outside storage and/or litter in areas not designated for such use. Outdoor storage that does not meet the standards of the C-4 Zoning regulations. Accumulation of litter. FOLIO NO: 390680004 PROPERTY 1651 Airport Rd S, Naples, FL ADDRESS: CASE NO: CEROW20220005091 OWNER: SUNWARD LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article 11, Division II, Section 1140-46. Broken/damaged culvert. FOLIO NO: 62650880003 PROPERTY 718 103rd Ave N, Naples, FL ADDRESS: CASE NO: CESD20220001491 OWNER: Jesus Garcia and Guadalupe Garcia OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Additions performed to a carport without first obtaining a Collier County Building Permit. FOLIO NO: 82640640000 PROPERTY 2315 Andrew Dr, Naples, FL ADDRESS: CASE NO: CEVR20210010567 OWNER: Angel Madera Jr OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a). Clearing property without required Collier County approval, vegetation removal permit, or exemption. FOLIO NO: 302560002 PROPERTY 1072 Ivy Way, Naples, FL ADDRESS: CASE NO: CESD20210010036 OWNER: TYLINSKI PROPERTIES LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.021.06(B)(1)(a). Building on property with an expired Collier County Building Permit. FOLIO NO: 60782160004 PROPERTY 11342 Tamiami Trail East, Naples, FL ADDRESS: CASE NO: CESD20210001490 OWNER: Cecilio Martinez Resendiz and Maricela Valerio Martinez OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted carport and other accessory structures. FOLIO NO: 41040200007 PROPERTY 3371 14' Ave SE, Naples, FL ADDRESS: CASE NO: CESD20210012586 OWNER: William N Kogok Jr OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted structures, pump house and garage on estates property. FOLIO NO: 37987840000 PROPERTY 3620 White Blvd, Naples, FL ADDRESS: 10. CASE NO: CESD20210013130 OWNER: FAIRWAY PRESERVE AT OLDE CYPRESS A CONDOMINIUM OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted electrical work completed on Carports and address expired permits for the following Carports: 7905 Preserve Cir — Carport's 1, 2, and 3 / 7915 Preserve Cir — Carports 1 and 2 / 7925 Preserve Cir — Carport 1 / 7935 Preserve Cir — Carport's 1 and 2 / 7940 Preserve Cir — Carport's 1, 2, and 3 / 7945 Preserve Cir — Carport's 1 and 2 / 7960 Preserve Cir — Carport / 7965 Preserve Cir — Carport / 7975 Preserve Cir — Carport 1 / 7985 Preserve Cir — Carports 1 and 2. Unpermitted electrical work completed on storage buildings — installation of new lighting. 11. 12. 13. 14. FOLIO NO: 186760206 PROPERTY 7995 Preserve Cir, Naples, FL ADDRESS: CASE NO: CENA20220007437 OWNER: 11750 RIGGS RD LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54- 184(1)(e). Concrete, Pilings (poles) and miscellaneous litter/debris piled/accumulated throughout the property. FOLIO NO: 761040008 PROPERTY 11750 Riggs RD, Naples, FL ADDRESS: CASE NO: CENA20220006982 OWNER: 11750 RIGGS RD LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54- 184(1)(e). Concrete, Pilings, and other miscellaneous litter/debris accumulated throughout the property. FOLIO NO: 00761000006 PROPERTY 11750 Riggs Rd, Naples, FL ADDRESS: CASE NO: CESD20210003238 OWNER: MARIELA EMBLIDGE LIVING TRUST OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal and clearing of vegetation without Collier County permit. FOLIO NO: 36913560009 PROPERTY 340 215Y St NW, Naples, FL ADDRESS: CASE NO: CEROW20210004559 OWNER: Timothy Matthew Everett and Carol Renee Everett OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article IX, Section 110-31(a). Debris placed in Right of Way and using Right of Way to ingress and egress property. No Collier County approvals or permit obtained. FOLIO NO: 41885760003 PROPERTY 5840 Bur Oaks Ln, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR IMPOSITION OF FINES/LIENS 1 • CASE NO: CESD20210000240 OWNER: PARROTS IN PARADISE TRUST OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations work and enclosure of lanai without required Collier County Building permit. FOLIO NO: 24473720003 PROPERTY 44 1st St, Bonita Springs, FL ADDRESS: 2. CASE NO: CESD20210007663 OWNER: Kevin J McCloskey and Carolyn McCloskey OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Metal entrance gate and electrical access box for gate installed prior to obtaining a permit. FOLIO NO: 56340000060 PROPERTY 5361 Mahogany ridge Dr, Naples, FL ADDRESS: CASE NO: CESD20210005110 OWNER: Osmath Diprena and DJoulie Adeka OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Converted the lanai into living space without first obtaining a valid Collier County permit. FOLIO NO: 62257960009 PROPERTY 5238 Texas Ave, Naples, FL ADDRESS: 4• CASE NO: CESD20210011573 OWNER: BAYSHORE SUITES LLC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Multiple locations of modifications that are being made to the structures on this parcel are being done without the required permitting. This includes external modifications to the stilt home and internal modifications to the multi -family structure. FOLIO NO: 48171320008 PROPERTY 3200 Bayshore Dr, Naples, FL ADDRESS: 5. CASE NO: CESD20170011238 OWNER: Caryn Mary McGrath OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 PROPERTY 659 Palm Ave, Goodland, FL ADDRESS: 6. CASE NO: CESD20190008029 OWNER: Claudel Victor and Altagrace Talleybrand OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Rear exterior door sealed without a valid Collier County permit. FOLIO NO: 62103040002 PROPERTY 5430 Hardee St, Naples, FL ADDRESS: CASE NO: CESD20200007975 OWNER: Jessica Doyle and Marc C Berry OFFICER: John Connetta VIOLATIONS: Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17, and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A pool built without a permit and a barrier around it. FOLIO NO: 38160200000 PROPERTY 3180 63rd St SW, Naples, FL ADDRESS: CASE NO: CESD20190014719 OWNER: Ulysses Nabal Jaen OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Storage shed built without the required Collier County building permits, inspections, and certificate of completion. FOLIO NO: 38104720009 PROPERTY 2890 68' St SW, Naples, FL ADDRESS: CASE NO: CELU20200002226 OWNER: John D Harlem and Meghan K Harlem OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 4.06.051(D)(7). Synthetic turf installed on the property exceeding the allowable area of 30 percent of rear yard pervious area. FOLIO NO: 76360160009 PROPERTY 6091 Waxmyrtle Way, Naples, FL ADDRESS: 10. CASE NO: CEPM20190009270 OWNER: Keith G Purdy and Darlene Purdy OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Section 22-236. An overhanging roof that is in a complete state of disrepair and is falling. FOLIO NO: 53353080009 PROPERTY 2965 Lunar St, Naples, FL ADDRESS: 11. CASE NO: CESD20190012596 OWNER: Dezilia Vital OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Renovations/alterations including, but not limited to, a new wall dividing the bathroom into two, new shower, and toilet. FOLIO NO: 77390000866 PROPERTY 13356 Covenant Rd, Naples, FL ADDRESS: 12. CASE NO: CESD20210007671 OWNER: CARLISLE WILSON PLAZA LLC OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 4.06.05(K)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Removed required landscape islands and canopy trees from the parking lot without obtaining required Collier County permits or an approved insubstantial change to the Site Development Plan. FOLIO NO: 37221120305 PROPERTY 70 Golden Gate Blvd E, Naples, FL ADDRESS: C. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER D. 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. ADJOURN XII. NUISANCE ABATEMENT BOARD A. HEARINGS XIII. NEXT MEETING DATE - OCTOBER 27, 2022 AT 9:OOAM XIV.ADJOURN 14.1. Code Enforcement Board Workshop -Rules and Regulations Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23271) DOC ID: 23271 CESD20210001477 FOUR AMIGOS 3 LLC CASE NO: CESD20210001477 OWNER: FOUR AMIGOS 3 LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)(i). Unpermitted including, but not limited to, kitch, bathroom on the second floor. FOLIO NO: 281720002 PROPERTY 544 Commercial Blvd, Naples, FL ADDRESS: Code 04-41, as amended, 10.02.06(B)(1)(e) and improvements/alterations -n, classroom, office, and Updated: 9/8/2022 9:21 AM by Helen Buchillon Page 1 Packet Pg. 10 5.A.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210001477 COLLIER COUNTY, FLORIDA, Plaintiff, vs FQUR AMIGOS 3 LLC, Respondent(s) 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: 09/22/2022 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), 10.02.06(6)(1)(e) and 10.02.06(B)(1)(e)(i) U r LOCATION OF VIOLATION: 544 Commercial BLVD, Naples, FL N M SERVED: FOUR AMIGOS 3 LLC, Respondent Ryan Cathey, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 4a hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Est@ audiencia sera conducida on el idioma Ingies. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable be proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odlsyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri Vni avek you intepret you pale you-ou. Packet Pg. 11 INSTR 6269073 OR 6141 PG 1020 RECORDED 6/15/2022 4:32 PM PAGES 4 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $35.50 5.A.1.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20210001477 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. ` FOUR Amigos 3, LLC, Respondent. THIS CAUSE came before the C " e El orcement Board (the "Board") for public hearing on May 26, 2022, N and the Board, having heard testimony undrpa received evidence and heard argument respective to all appropriate N matters, hereupon issues its Findings of Fact; Corr-.Iwions of Law, and Order of the Board as follows: U AN'DINCr,S OF FACT �f 1. Respondent, FOUR Amigos 3, LLC, is the ¢wc the subject property {the "Property"). N v 2. Respondent, having been notified of the date eaCigg by certified mail and posting, had Jay Allison, its ! V Manager, appear at the public hearing, who testifiedo-es ta,}2espondent's efforts to abate the violations. J J C. M '3. Prior to the hearing, Respondent entered into a St ¢uIR'bon, which is attached hereto as Exhibit "A." The N Stipulation is adopted and incorporated into this Order, a Respondent is ordered to comply 4. The Property located at 544 COMMERCIAL BLVD.,.Naples FL 34I04, Folio No. 281720002 (Legal Q Description: 36 49 25 COMM E 1 A CNR SEC 36 S 89DEG-W PD - FT, S 816.66FT TO POB, S I OOFT, S 89DEG W 230 FT, N IOOFT, N 89DEG E 230FT TO POB, 53 OR 1185 PG 675) is in violation of Collier County Land Development Code Ord. No. 04-4); - amended, Sections 10.02.06(B)(1)(a), U- 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), in the following particulara:-' ti ti Unpermitted improvements/alterations including, but not IimitedJpt , itehen, classroom, office, and c bathroom on the second floor. o . N 5. The violations have not been abated as of the date of this hearing. ... ....... f . N ,•,. o CONCLUSIONS OF LAW W U Based upon the foregoing facts, the Board makes the following Conclusions of Law: / 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. The preponderance of the evidence shows that violations of Collier County Land Development Code Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02,06(B)(1)(e), and 10,02.06(B)(1)(e)(i), do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Page 1 of 3 Packet Pg. 12 OR 6141 PG 1021 Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Respondent is found guilty of violating Collier County Land Development Code Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). B. Respondent must abate all violations by obtaining all required building permit(s), Demolition Permit (to remove the structure from the Property), inspections, and Certificates of Completion/Occupancy for the unpermitted i tnrovements/alterations including, but not limited to, kitchen, classroom, office, and bathroom on the sewAdo Non or before September 23, 2022, or a fine of $200.00 per day will be imposed for each day the v' " ations remain thereafter. C. If Respondent fa:ns'mt6 s too) o onrply with this Order, Collier County may abate the violations using any method to bring the violate cgmpliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions th Order and all costs of abatement shall be assessed to Respondent. r D. Respondent is ordered to pay opational costs for the prosecution of this case in the amount of $59.28 on or c h before June 25, 2022. l✓ Respondent shall notify Co a Epforcement within 24 hours of abatement of the violations and request the c ihvcstigator to perform a site insprf6tion6 confirm compliance. N � tW 1DONE` NI2=ORDERED this dAy of , 2022 at Collier County, Florida. U Kmzel, rk of Courts i;: an Collier C�+u W dohaArhyserlity;` aeix,iet atrue a Jc CODE RCE NT BOARD ad in Ieury Cr:� COL R COUN FL / N », gY04 \ h,. O U J STATE FLORIDA e KaufiqW, Ch Cl) COUNTY OF COLLIER O .1z __;7 rn The foregoing instrument was acknowledged before me by this _J�___day of SAJ -L- , 2022, by Robert Board Collier County, Florida. APersonally Known OR ❑ Produced Identification Type of Identification Produced v�YAU HELENSUCKLLON Commission I HH 105119 Expires May 15, 2025 'lfOf 0.0 9Mded nw Budget No:wy sw*; of 1(>ysi Presence or ❑ online notarization, 4" Chair the Collier County Code Enforcement Signatu�x'o7Ijotary_­Public - State of Florida y L of Notary Public PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid a`t the�ollier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239 2-2440, Website: www.colliercountyfl,gov. Any release of lien or confirmation of compliance or confirmatione6f the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shalt not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Cleric of Courts. Filing an appeal will not automatically stay this Order. [SEE NEXT PAGE] Page 2 of 3 Packet Pg. 13 OR 6141 PG 1022 5.A.1.a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD R has been sent by U.S. Mail to: FOUR Amigos 3, LLC, 3614 WEST CYPRESS ST., TAMPA, FL 33607. on , 2022. Code Enforcement Official Page 3 of 3 Packet Pg. 14 *** OR 6141 PG 1023 *** 5.A.1.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. �o Case No. CESD20210001477 FOUR AMIGOS 3 LLC i r,Rgs ndent, r STIPULATIONIAGREEMENT Before me, the undersigned;- J '�/ ; S o'i#1 on behalf of FOUR AMIGOS 3 LLC, enters into this Stipulation and Agreement wit�.- bffler County as to the resolution of Notices of Violation in reference (case) number CESD20210001477 dated the 261h day of March 2021. This agreement is subject to the a"pprgval of the Code Enforcement Board_ If it is not approved, the case may be heard on the scheduled Hearin date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution `of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for May 26, 20n; to promote efficiency in the administration of the code enforcement process; and to obtain a quick•,afid expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violation of, Unpermitted improvements/piterations including, but not limited to, kitchen, classroom, office, and bathroom on the second floor, as noted in the referenced Notice of Violation are accurate and i stipulate to their existence, and that I have been propefy tified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the-Rpspondent shall; 1) Pay operational costs in the amount of $59.28 incur�pd'inJhe prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtain all required Collier County. Kuil)ing permit(s) or demolition permit, inspections, and Certificate of Completion/Occa'panpy for the Unpermitted im provements/a Iterations on the second floor within 120, d s of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of g6tement of the violation and request the Investigator perform a site inspection to confirm compliance. ; (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated Zr hatus.pdgr to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that Is not a Saturday, Sunday or legal holiday.) - t 4) That if the Respondent fails to abate the violation the County may abate'(hP,violation using any method to bring the violation into compliance and may use the assistance of tha'Colhor County Sheriffs Office to enforce the provi i ns of this agreement and all costs of abatement shall be assessed to the property owner. 4 Respo ent r Representative (sign) ry Supervisor for Michael Ossorio, erector Code Enforcement Division Respondent or Representative (print) S' e � " _ Date 5 - 26 -2 2- Date REV 3-29-18 Packet Pg. 15 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED hiitiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23272) DOC ID: 23272 CELU20210009717 AZTECA SUPER MARKET 2000 INC CASE NO: CELU20210009717 OWNER: AZTECA SUPER MARKET 2000 INC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-111(b) and Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Running a Bar/Night Club without all Collier County approvals and authorization as well as no current business tax receipt. FOLIO NO: 81681120001 PROPERTY 208 W Main St, Immokalee, FL ADDRESS: 5.D.1 Updated: 9/8/2022 9:28 AM by Helen Buchillon Page 1 Packet Pg. 16 5.D.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20210009717 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 09/22/2022 rn TIME: 09:00 AM c 0 PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 V.- c N VIOLATION: Land Use - Generally 126-111(b) and 1.04.01(A) w U LOCATION OF VIOLATION: 208 W Main ST, Immokalee, FL N rl- SERVED: AZTECA SUPER MARKET 2000 INC, Respondent N Maria Rodriguez, Issuing Officer Z RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE c HEARINGS TO BEGIN AT 9:00 AM N 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples. Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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 traduetor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 17 5.D.1.a Case Number: CELU20210009717 Date: January 26, 2022 Investigator: Maria Rodriguez Rhone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: AZTECA SUPER MARKET 2000 INC 208 W MAiN ST IMMOKALEE. FL 34142 Registered Agent: ANGEL JAIME LUNA 208 MAIN STREET IMMOKALEE FL 34142 Location: 208 W Main ST Immokalee, Commercial Unincorporated Collier County Zoning Dist: VR Property Legal Description: FRED WHIDDENS BLK 3 S i12 LOT 5 + ALL OF LOTS 6-9 AND 18 AND21-24 LESS S 20FT LOTS 21-24 FOR R11V Folio: 81681120001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinances) and or PUD Regulations) exists at the above -described location. Ordinance/Code: Taxation. Local Business Tax Collier County Code of Laws. Chapter 126, Article IV, Section 126-111(b) (b) No person shall engage in or manage any business. profession or occupation anywhere in Collier County. including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shaft be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax coilector's receipt of the applicable local business tax and upon compliance with other applicable requirements. General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1,04.01(A) A. The provisions of this LDC shall apply to all land property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC No development shall be undertaken without prior authorization pursuant to this LDC. Specificafly, no building. structure, land or water shall hereafter be developed or occupied, and no building, structure, or part thereof shall be erected, reconstructed. moved, located; or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Running a Bar/Night Club without all Collier County approvals and authorization as well as no current business tax receipt. RDER L You are directed by this Notice to take the following corrective action(s): 1 Must obtain and display required local business tax receipt and comply with Collier county Code of Laws Chapter 126, Article lV Local Business Tax, Sections 126-111 through 159 2. Must obtain all County approvals and/or permits for Bar/Night Club ON OR BEFORE: 0212512022 Packet Pg. 18 5.D.1.a Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution SERVED BY' Investigator Signature Maria Rodriguez Case Number: CELU20210009 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone 239 252-2440 FAX: 239 252-2343 Sign re e of 'Recipient - (,MCtV0 /litiR� Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact foes, and any new or outstanding fees required for approval. ti r` 0 0 0 r N 0 N J W U N 11`— M F4 Packet Pg. 19 5.D.1.a ARTICLE IV. - LOCAL BUSINESS TAX Sec. 126-111. - Local business tax. M No person shall engage in or manage any business, profession or occupation anywhere in Collier County, including within municipalities, for which a local business tax is required by this article unless the required local business tax receipt shall have been issued by the Collier County Tax Collector or in some instances, the tax collector in another Florida County. A separate receipt shall be required for each geographic location (situs) of the respective business, profession or occupation. The tax receipt shall be issued to each person upon the tax collector's receipt of the applicable local business tax and upon compliance with other applicable requirements. 1.04.00 - APPLICABILITY 1.04.01 - Generally A.The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. ti r ti 0 0 0 N O N J W U N r- N M N Packet Pg. 20 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23273) DOC ID: 23273 CEPM20210000793 Arnold CASE NO: CEPM20210000793 OWNER: David C Arnold OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, As amended, Section 10.02.06(B)(1)(a). An owner/builder demolition permit has expired. FOLIO NO: 50890480000 PROPERTY 2665 Holly Ave, Naples, FL ADDRESS: Updated: 9/8/2022 9:33 AM by Helen Buchillon Page 1 Packet Pg. 21 5.D.2.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20210000793 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DAVID C ARNOLD, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2665 Holly AVE, Naples, FL SERVED: DAVID C. ARNOLD, Respondent John Johnson, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event Such reasonable accommodations will be provided at no cost to the individual. 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. Par favor traiga su propio traductor, AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pall you-ou. Packet Pg. 22 5.D.2.a Case Number: CEPM20210000793 Date: May 24, 2022 Investigator: John Johnson Phone: 239-398-4532 COLLIER COUNTY CODE ENFORCEMENT - NOTICE OF VIOLATION Owner: ARNOLD, DAVID C 2665 Holly Ave, Naples, FL 34112 Unincorporated Collier County Location: 2665 Holly AVE, Mobiie/Modular, Naples, Building Zoning Dist: VIR Property Legal Description: HOLLY TERRACE LOT 15 & 16 Folio: 50890480000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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 this Code. and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, reeved, 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 - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: An owneribuilder demolition permit has expired. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 06/23/2022 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains and costs of prosecution. SERVED BY- InvEoigator S& ature John Johnson Case Number: CEPM20210000793 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date `This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: rkght•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. Packet Pg. 23 5.D.2.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. 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 approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. Packet Pg. 24 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED hiitiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23275) DOC ID: 23275 CELU20220003027 HOME DEPOT USA INC CASE NO: CELU20220003027 OWNER: HOME DEPOT USA INC OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 4.02.12(A) and Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179 and 54-181. Outside storage and/or litter in areas not designated for such use. Outdoor storage that does not meet the standards of the C-4 Zoning regulations. Accumulation of litter. FOLIO NO: 390680004 PROPERTY 1651 Airport Rd S, Naples, FL ADDRESS: Updated: 9/8/2022 9:42 AM by Helen Buchillon Page 1 Packet Pg. 25 5.D.3.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20220003027 COLLIER COUNTY, FLORIDA, Plaintiff, vs. HOME DEPOT USA INC, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Legacy SDP Required 1,04.01(A), 4.02.12(A), 54-179 and 54-181 LOCATION OF VIOLATION: 1651 Airport RD S, Naples, FL SERVED: HOME DEPOT USA INC, Respondent Adam Collier, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fet an angl8. Nou pan gin moon you fe Iradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 26 5.D.3.a Case Number: CELU20220003027 Date: March 30, 2022 Investigator: Adam Collier Phone: 239-877-0794 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: HOME DEPOT USA INC 2455 PACES FERRY ROAD C-20 ATLANTA, GA 30339 Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Location: 1651 Airport RD S, Naples, Commercial Unincorporated Collier County Zoning Dist: Property Legal Description: 12 50 25 COMM NW1/4 CNR SEC 12S 275FT, E 70FT TO POB, S ALG ELY RW LI SR 858 FOR 426FT, E 181.92FT,S 20FT,ELY 153FT,S Folio: 390680004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: General Provisions. Land Use. Collier County Land Development Code 04-41 as amended, Section 1.04.01(A) The Collier County Land Development Code, 04-41, As Amended, Section 2.02.03, Prohibited Uses. The Collier County Land Development Code 04-41 as amended, Design Standards for Outdoor Storage. Section 4.02.12(A) Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article VI, Section 54- 179 Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: 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.: A. All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in sections 54-179--54-184, in or upon public or private property, is hereby declared to be a public nuisance.: Packet Pg. 27 5.D.3.a Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Outdoor storage andlor litter in areas not designated or designed for such use. Outdoor storage that does not meet the standards of the C-4 zoning regulations. Accumulation of litter ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must comply with site development plan requirements as approved by Collier County Growth Management Department or obtain an approved site development plan that allows such use as outside storage in the desired areas. 2. Must comply with Collier County Land Development Code 04.02,12 Design Standards for Outdoor Storage. 3. Must remove all unauthorized outside storage of material, goods, and/ or other belongings. Must move to a permitted enclosed structure or move to a site intended for such storage or to a site intended for final disposal. 4. Must remove or cause to remove any unauthorized litter outside storage which is a public nuisance pursuant to this section. ON OR BEFORE: 04/28/2022 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) Cade 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. SEREIDt"tBY: ObaAl Investigator Signature Adam Collier Case Number: CELU20220003027 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 28 5.D.3.a Ordinance/Code: The Collier County Land Development Code 04-41, as amended, Section 1.04.01(A) A. The provisions of this LDC shall apply to all land, property and development in the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LDC. No development shall be undertaken without prior authorization pursuant to this LDC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building, structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located.: The Collier County Land Development Code 04-41, as amended, Section 4.02.12, Design Standards for Outdoor Storage. A. All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. For projects subject to architectural design standards, see LDC section 5.05.08 F. for related provisions. Collier County Code of Laws , Chapter 54 Environment, Article VI Sec. 54-179. - Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. (Ord. No. 2005-44, § 5; Ord. No. 09-08, § 5) Sec. 54-181. Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. (Ord. No. 2005-44, § 7) Packet Pg. 29 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23278) DOC ID: 23278 CEROW20220005091 SUNWARD LLC CASE NO: CEROW20220005091 OWNER: SUNWARD LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Division II, Section 1140-46. Broken/damaged culvert. FOLIO NO: 62650880003 PROPERTY 718 103' Ave N, Naples, FL ADDRESS: Updated: 9/8/2022 10:45 AM by Helen Buchillon Page 1 Packet Pg. 30 5.D.4.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEROW20220005091 COLLIER COUNTY, FLORIDA, Plaintiff, vs SUNWARD LLC, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Naples Park - Enclosed Swale 110-46 LOCATION OF VIOLATION: 718 103rd AVE N, Naples, FL SERVED: SUNWARD LLC, Respondent Ryan Cathey, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo MM an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pal@ you-ou. Packet Pg. 31 5.D.4.a Case Number: CEROVV20220005091 Date: June 13, 2022 Investigator: Ryan Cathey Phone: (239) 398-7192 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SUNWARD LLC 13503 AGRAMONT TERR FORT WAYNE, IN 46845 Location: 718 103rd AVE N, Naples, Single Family Unincorporated Collier County Zoning Dist: RMF-6 Property Legal Description: NAPLES PARK UNIT 3 BILK 41 LOT 21 Folio: 62650880003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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 Code of Laws and Ordinances Chapter 110 Roads and Bridges, Article II Construction in Public Rights -of -Way, Division II Collier County Swale/Culvert Conversion - Naples Park Section 110-46 Responsibilities Assumed by Permittee: Permittee will utilize the services of a contractor properly licensed to perform this type of work in Collier County. the permittee is responsible for payment of all construction for the Swale enclosure Permittee will also pay for all costs required to replace missing, damaged or deteriorated piping and related materials in the future. If the county is required to replace missing, damaged or deteriorated piping because of health, safety and welfare considerations, the permittee or his/her successor will pay the county all costs incurred by the county after written notice of the costs is provided by county to the permittee. Violation Status - Initial. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Broken)damaged culvert. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must replace, repair, and maintain grate with approved material in accordance with Chapter 110, Division ii of the Collier County Code of Laws and Ordinances ON OR BEFORE: July 13, 2022. Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Ryan Cathey Case Number: CEROW20220005091 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 32 5.D.4.a Collier County Code of Laws and Ordinances Chapter 110 Article II Division II Section 110-46: Permittee will utilize the services of a contractor properly licensed to perform this type of work in Collier County. the permittee is responsible for payment of all construction for the swale enclosure. Permittee will also pay for all costs required to replace missing, damaged or deteriorated piping and related materials in the future. If the county is required to replace missing, damaged or deteriorated piping because of health, safety and welfare considerations, the permittee or his/her successor will pay the county all costs incurred by the county after written notice of the costs is provided by county to the permittee. Packet Pg. 33 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23279) DOC ID: 23279 CESD20220001491 Garcia CASE NO: CESD20220001491 OWNER: Jesus Garcia and Guadalupe Garcia OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Additions performed to a carport without first obtaining a Collier County Building Permit. FOLIO NO: 82640640000 PROPERTY 2315 Andrew Dr, Naples, FL ADDRESS: Updated: 9/8/2022 10:53 AM by Helen Buchillon Page 1 Packet Pg. 34 5.D.5.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Inspector BOARD OF COUNTY COMMISSIONERS, Case: CESD20220001491 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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 Inspector on the following date, time, and place for the violation below: DATE: 09/22/2022 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) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 2315 Andrew DR, Naples, FL SERVED: JESUS GARCIA AND GUADALUPE GARCIA, Respondent John Johnson, 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 Inspector 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 35 5.D.5.a Case Number: CES020220001491 Date: February 10, 2022 Investigator: John Delia Phone: 239-595-9561 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GARCIA JESUS & GUADALUPE 2315 ANDREW DR NAPLES, FL 34112 Location: 2315 Andrew DR, Naples, Single Family Unincorporated Collier County Zoning Dist: RMF-6-GTMUD-R Property Legal Description: WILMER NGTS BLK B S1/2 OF LOT 2 ALL LOT 3 Folio: 82640640000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulations) exists at the above -described location. Ordinance/Code: Building and Land Alteration Permits (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Ccde 04-41 as amended, Section 10.02.06(6)(1)(e)(i) The County Manager or his designee shaft be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations. and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s). inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : 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 . i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permil(s). Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: additions performed to a carport without first obtaining a Collier County Building Permit ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspectior. Packet Pg. 36 5.D.5.a 1. Must obtain all required Collier County Building Permit(s) or Demolition permits) and request all inspections through Certificate of Completion/Occupancy for described carport structure/ alteration. 2. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 03/1412022 Failure to correct violations may result in: 1) Mandatory not±ce to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Inv Igato Ignature ohn Delia Case Number: CESD20220001491 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 37 5.D.5.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. 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 approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. 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 of section 4.06.04 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. Packet Pg. 38 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23280) DOC ID: 23280 CEVR20210010567 Madera Jr CASE NO: CEVR20210010567 OWNER: Angel Madera Jr OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B) and 10.02.06(B)(1)(a). Clearing property without required Collier County approval, vegetation removal permit, or exemption. FOLIO NO: 302560002 PROPERTY 1072 Ivy Way, Naples, FL ADDRESS: Updated: 9/8/2022 10:59 AM by Helen Buchillon Page 1 Packet Pg. 39 5.D.6.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEVR20210010567 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 3.05.01(B) and 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1072 Ivy WAY, Naples, FL SERVED: ANGEL MADERA JR, Respondent Adam Collier, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fist an angle. Nou pan gin moun you f& tradiksyon. Si ou pa pal8 angle tanpri vini avek you int6pr6t you pall you-ou. Packet Pg. 40 5.D.6.a Case Number: CEVR20210010567 Date: November 24, 2021 Investigator: Michele Mcgonagle Phone: 239-877-8109 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MADERA JR, ANGEL 51221STSTNW NAPLES, FL 34120 Location: 1072 Ivy Way, Naples Unincorporated Collier County Zoning Dist: A Folio: 302560002 Property Legal Description: 14 49 27 W112 OF N1/2 OF SV2 OF N112 OF N112 OF NE114 LESS W 35 FT NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation($) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Vegetation Removal, Protection & Preservation. Vegetation Removal / Landfill Required. Collier County Land Development Code 04-41, as amended, Section 3.05.01(B) It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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 this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: clearing property without required Collier County approval, vegetation removal permit, or exemption ORDER TO CORRECT VIIOLATION{S}: You are directed by this Notice to take the following corrective action(s): 1. Must cease all land clearing, excavation, and/or landfill operations AND/OR Must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41, as amended, Section 10.02.06(B)(1)(a) AND/OR Must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41, as amended, Section 10.02.06(B)(1)(a) ON OR BEFORE: 12/27/2021 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 Packet Pg. 41 5.D.6.a the violation remains, and costs of prosecution. SERVED BY: Investigator Signature Michele Mcgonagle Case Number: CEVR20210010567 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 42 5.D.6.a The Collier County Land Development Code, 2004-41, As Amended 10,02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action onbuildingor landalterationpermils. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required pemtit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. Improvement of property prohibited prior to issuance ofbuildingpermir No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on - site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Packet Pg. 43 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23281) DOC ID: 23281 CESD20210010036 TYLINSKI PROPERTIES LLC CASE NO: CESD20210010036 OWNER: TYLINSKI PROPERTIES LLC OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.021.06(B)(1)(a). Building on property with an expired Collier County Building Permit. FOLIO NO: 60782160004 PROPERTY 11342 Tamiami Trail East, Naples, FL ADDRESS: Updated: 9/8/2022 11:15 AM by Helen Buchillon Page 1 Packet Pg. 44 5.D.7.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA CityViewSupport BOARD OF COUNTY COMMISSIONERS, Case: CESD20210010036 COLLIER COUNTY, FLORIDA, Plaintiff, vs IYLINSKI PROPERTIES LLC, Respondent(s) 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 CityViewSupport on the following date, time, and place for the violation below: DATE: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 11342 Tamiami TRL E, Naples, FL 00 SERVED: TYLINSKI PROPERTIES LLC, Respondent N Joseph Mucha, Issuing Officer J J RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE w 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 CityViewSupport 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E.. Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual - NOTIFICACION: Esta audienda 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. Pof favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fit an angl8. Nou pan gin moun you fe tradiksyon. Si ou pa pale an916 tanpri vini av& you int&prat you pall you-ou. Packet Pg. 45 Case Number: CESD20210010036 Date: October 13, 2021 Investigator: William Marchand Phone: 239-877-8104 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TYLINSKI PROPERTIES LLC 11342 TAMIAMI TRAIL EAST NAPLES, FL 34113 Location: 11342 Tamiami TRL E, Single Family, Naples Unincorporated Collier County Zoning Dist: C-4 Property Legal Description: MYRTLE COVE ACRES SLK B LOT 26 OR 1035 1 1485 Folio: 60782160004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy U Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 00 N M 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 U this Code, and no building or land alteration permit shall be issued without written approval that plans submitted J 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 U) required, Examples include but are not limited to clearing and excavation permits, site development plan approvals, H W agricultural clearing permits, and blasting permits. No building or structure shail be erected, moved, added to, altered, w utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the W required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this p Code : rv, Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Building on property with an expired Collier County Building Permit ORDER TO CORRECT _YIQLATIOl S1 You are directed by this Notice to take the following corrective action(s): Initial Inspection Follow-up 1 Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for described structure/ alteration ON OR BEFORE: November 10, 2021 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. Packet Pg. 46 5.D.7.a SERVED BY: Investigator Signature William Marchand Case Number, CESD20210010036 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 0 FAX: 239 252-2343 Signature and title of Recipient of Recipient Printed Name of Recipe nt r`. I Date `This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. T_ oo N th N Packet Pg. 47 5.D.7.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. —J a. Zoning action on building or land alteration permits. The County Manager or his designee Cn w 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 a the requirements of this Code, and no building or land alteration permit shall be issued 0 without written approval that plans submitted conform to applicable zoning regulations, and a other land development regulations. For purposes of this section a land alteration permit Y shall mean any written authorization to alter land and for which a building permit may not z be required. Examples include but are not limited to clearing and excavation permits, site Z development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to cfl exist and/or no land alteration shall be permitted without first obtaining the authorization of o the required permit(s), inspections and certificate(s) of occupancy as required by the o Collier County Building Code or this Code and no building or land alteration permit o application shall be approved by the County Manager or his designee for the erection, c moving, addition to, or alteration of any building , structure , or land except in conformity N with the provisions of this Code unless he shall receive a written order from the Board of Cn Zoning Appeals in the form of an administrative review of the interpretation, or variances as w v provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. o N M N Packet Pg. 48 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23282) DOC ID: 23282 CESD20210001490 Resendiz and Martinez CASE NO: CESD20210001490 OWNER: Cecilio Martinez Resendiz and Maricela Valerio Martinez OFFICER: Adam Collier VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted carport and other accessory structures. FOLIO NO: 41040200007 PROPERTY 3371 14t' Ave SE, Naples, FL ADDRESS: Updated: 9/8/2022 11:31 AM by Helen Buchillon Page 1 Packet Pg. 49 5.D.8.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210001490 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 09/22/2022 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), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3371 14th AVE SE, Naples, FL SERVED: CECILIO MARTINEZ RESENDIZ AND MARICELA VALERIO MARTINEZ, Respondent Adam Collier, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveef su propio traductor, Para un mejor entendimiento con [as comunicaciones de este evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pal@ angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 50 5.D.8.a Case Number: CESD20210001490 Date: March 24, 2021 Investigator: Michele Megonagle Phone: 239-877-8108 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RESENDIZ, CECILIO MARTINEZ MARICELA VALERIO MARTINEZ 3371 14TH AVE SE NAPLES, FL 34117 Location: 3371 14th AVE SE, Building, Naples Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 83 E 180FT OF TR 4 Folio: 41040200007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinances) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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 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. 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 Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(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. Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to Issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(131)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION($). Did Witness: unpermitted carport and other accessory structures ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND 1 OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 0412312021 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: �'ra Investigator Signatur INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Packet Pg. 51 5.D.8.a Michele Mcgonagle Case Number, CESD20210001490 gnature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required fur approval. Packet Pg. 52 5.D.8.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. 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 approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered , utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building , structure , or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 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 of section 4.06.04 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Packet Pg. 53 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23283) DOC ID: 23283 CESD20210012586 Kogok Jr CASE NO: CESD20210012586 OWNER: William N Kogok Jr OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted structures, pump house and garage on estates property. FOLIO NO: 37987840000 PROPERTY 3620 White Blvd, Naples, FL ADDRESS: Updated: 9/8/2022 11:40 AM by Helen Buchillon Page 1 Packet Pg. 54 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210012586 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3620 White BLVD, Naples, FL SERVED: WILLIAM N KOGOK JR, Respondent Rickey Migal, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Fsta 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. AVETISMAN Tout odisyon yo fet an angle. Nou pan gin moon you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 55 5.D.9.a COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner KOGOK JR, WILLIAM N 3620 WHITE SLVD NAPLES, FL 34117 Case Number: CESD20210012586 Date: March 11, 2022 Investigator: Rickey Migal Phone:2398778122 Location: 3620 White SLVD, Naples, Single Family Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 27 E 75FT OF W 150FT OF TR 84 Folio: 37987840000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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: Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended. Section 10.02.06(B)(1)(e) Building and Land Alteration Permits (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit Collier County Land Development Code 04-41 as amended Section 10 02 06(B)(1)(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.,, The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required Examples Include but are not limited to clearing and excavation permits. site development plan approvals, agricultural clearing permits. and blasting permits No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist andlor 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 : I. In the event the improvement of property. construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: 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 perrtlil where the development proposed requires a building permit under this Land development Code or other applicable county regulations,.. Violation Status - initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Unpermitted structures, pump house and garage on estates property. ORDER TO CORRECT VIOLATIONfS); You are directed by this Notice to take the following corrective action(s): 1 Must be in compliance with all Collier County Codes and Ordinances- Apply for and obtain all permits required for described structure/improvements OR remove said structure/improvements, including materials from property and restore to a permitted state AND / OR must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services 2 Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required Packet Pg. 56 for described structure/improvements AND / OR must remove said structure/improvements, including materials from property and restore to a permitted state. 3. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for described structure/ alteration. ON OR BEFORE: April 11, 2022 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. SE;r' Inia660tir Sig ure Rickey Migal Case Number: CESD20210012586 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 57 5.D.9.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. 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 approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. B. Building Permit or Land Alteration Permit. Building or land alteration permit and certificate of occupancy compliance process. U. 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 of section 4.06.04 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. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact perm it(s). Packet Pg. 58 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23284) DOC ID: 23284 CESD20210013130 FAIRWAY PRESERVE AT OLDE CYPRESS A CONDOMINIUM CASE NO: CESD20210013130 OWNER: FAIRWAY PRESERVE AT OLDE CYPRESS A CONDOMINIUM OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted electrical work completed on Carports and address expired permits for the following Carports: 7905 Preserve Cir — Carport's 1, 2, and 3 / 7915 Preserve Cir — Carports I and 2 / 7925 Preserve Cir — Carport I / 7935 Preserve Cir — Carport's 1 and 2 / 7940 Preserve Cir — Carport's 1, 2, and 3 / 7945 Preserve Cir — Carport's 1 and 2 / 7960 Preserve Cir — Carport / 7965 Preserve Cir — Carport / 7975 Preserve Cir — Carport I / 7985 Preserve Cir — Carports I and 2. Unpermitted electrical work completed on storage buildings — installation of new lighting. FOLIO NO: 186760206 PROPERTY 7995 Preserve Cir, Naples, FL ADDRESS: 5.D.10 Updated: 9/9/2022 10:58 AM by Helen Buchillon Page 1 Packet Pg. 59 5.D.10.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: CESD20210013130 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 z VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) 0 0 LOCATION OF VIOLATION: 7995 Preserve CiR, Naples, FL z U SERVED: FAIRWAY PRESERVE AT OLDIE CYPRESS A CONDOMINIUM, Respondent Q Ryan Cathey, 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 Ddve Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible. but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual, 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. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intPpnM you pale you-ou. Packet Pg. 60 5.D.10.a Case Number: CESD20210013130 Date: May 03, 2022 Investigator: Bradley Holmes Phone: 239.877.8124 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FAIRWAY PRESERVE AT OLDE CYPRESS A CONDOMINIUM 7995 Preserve Circle Naples, FL 34116 Registered Agent: Arthur Moore %Fairway Preserve Condo Assoc 7995 Preserve Circle Naples, FL 34119 Location: 7995 Preserve CIR, Clubhouse, Naples, Building Unincorporated Collier County Zoning Dist: PUD Property Legal Description: FAIRWAY PRESERVE AT OLDE CYPRESS A CONDOMINIUMhrd—parcel_id: 32382100007 Folio: 186760206 2 2 Z NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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. OrdinancelCode: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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 this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code. Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(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. Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(1) i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within Packet Pg. 61 5.D.10.a 60 days after the issuance of after the fact permit(s). Violation Status - Initial U. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). < Did Witness: Unpermitted electrical work completed on Carports and address expired permits for the following Carports: 7905 Preserve Cir — Carport's 1, 2, and 3 17915 Preserve Cir — Carports 1 LL and 217925 Preserve Cir—Carport 1 1 7935 Preserve Cir— Carport's 1 and 21 7940 Preserve Cir— o Carport's 1, 2, and 3 17945 Preserve Cir — Carport's 1 and 21 7960 Preserve Cir — Carport 17965 M Preserve Cir — Carport 17975 Preserve Cir — Carport 1 17985 Preserve Cir — Carports 1 and 2. M Unpermitted electrical work completed on storage buildings — installation of new lighting. o 0 ORDER TO CORRECT VIOLATION(S): N You are directed by this Notice to take the following corrective action(s): o to w 1. Must obtain all required Collier County Building Perm1(s) or Demolition permit(s) and request all U inspections through Certificate of Completion/Occupancy for described structure/ alteration. 1* 0 N 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all N permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND 1 OR Must cease aii improvement activities until such time that any and all required permits are obtained from Community Development and Z Environmental Services 3. Must obtain all inspections and Certificate of Occupancy or Certificate of Completion as required in the 2007 Florida Building Code. ON OR BEFORE: 06/02/2022 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 c is of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Bradley Holmes Case Number CESD20210013130 Signature and Title of Recipient Printed Name of Recipient Date `This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 62 5.D.10.a Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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 this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code. Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of v property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(8)(1)(e) c0014 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. Z Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Packet Pg. 63 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23285) DOC ID: 23285 CENA20220007437 1175 RIGGS RD LLC CASE NO: CENA20220007437 OWNER: 11750 RIGGS RD LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54- 184(1)(e). Concrete, Pilings (poles) and miscellaneous litter/debris piled/accumulated throughout the property. FOLIO NO: 761040008 PROPERTY 11750 Riggs RD, Naples, FL ADDRESS: 5.D.11 Updated: 9/8/2022 11:53 AM by Helen Buchillon Page 1 Packet Pg. 64 5.D.11.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20220007437 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 11750 RIGGS RD LLC, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F. Naples, FL 34112 VIOLATION: Litter Public Nuisance 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e) LOCATION OF VIOLATION: NO SITE ADDRESS - FOLIO 00761040008 SERVED: 11750 RIGGS RD LLC, Respondent Luis Macedo. 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. Heler Buchillon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380. as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual_ NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traducclon no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para in mejor entendlmiento con las comunicaciones de este evento. Par favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 65 5.D.11.a Case Number: CENA20220007437 Date: August 9, 2022 Investigator: Luis Macedo Phone: 2398214847 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: 11750 RIGGS RD LLC 1771 BARBADOS AVE MARCO ISLAND, FL 34145 Location: 11750 Riggs RD, Naples, Single Family Unincorporated Collier County Zoning Dist: A Folio: 761040008 Property Legal Description: 17 51 27 N1l2 OF S112 OF SE114 OF SW114 OF SE-1/4 LESS W30FT 2.30 AC OR 1196 PG 1037 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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: Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in sections 54-179--54-184, in or upon public or private property, is hereby declared to be a public nuisance.: Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Improper storage of inert waste materials and construction and demolition debris. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, section 54-184(1)(c), (1)(e) (1)(c) Any construction and demolition debris or inert materials that originated off site must either be used as on -site fill or removed from the property within 90 days of delivery of such materials. (1)(e) Any construction and demolition debris or other inert materials not properly disposed of will be deemed as litter Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Concrete, Pilings (poles) and miscellaneous litter/debris piled/accumulated throughout the property. ORDER TO CORRECT VIOLATION(S). You are directed by this Notice to take the following corrective action(s): 1. Must cease all deliveries or disposal of all materials and obtain required Collier County permit for the use of inert materials or remove all unauthorized accumulation of inert waste and litter by any county approved method or remove from the property to a site intended for final disposal. ON OR BEFORE: 8/26/2022 Packet Pg. 66 5.D.11.a Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY- &A Investigator Signature Luis Macedo Case Number: CENA20220007437 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date `This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 67 5.D.11.a The Collier County Code of Laws and Ordinances Sec. 54-179. - Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. Sec. 54-181. - Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Sec. 54-184. Waste materials management. Inert waste materials may be used as fill on a site only after a valid development order for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Fill is any operation in which material (including but not limited to rock, concrete rubble, or other masses of material) is added onto real property, including the filling of low areas or elevating existing contours or grades. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. Onsite processing of construction demolition debris and crushing of inert waste materials from an offsite location is prohibited outside of an approved conditional use in the Industrial or Agricultural Zoning Districts, or by a Board approved development order. Any construction and demolition debris or inert materials that originated off -site must be either be used as on -site fill or removed from the property within 90 days of delivery of such materials. e. Any construction and demolition debris or other inert materials not properly disposed of will be deemed as litter. Packet Pg. 68 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23286) DOC ID: 23286 CENA20220006982 11750 RIGGS RD LLC CASE NO: CENA20220006982 OWNER: 11750 RIGGS RD LLC OFFICER: Luis Macedo VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54, Article VI, Sections 54-179, 54-181, 54-184(1)(c) and 54- 184(1)(e). Concrete, Pilings, and other miscellaneous litter/debris accumulated throughout the property. FOLIO NO: 00761000006 PROPERTY 11750 Riggs Rd, Naples, FL ADDRESS: 5.D.12 Updated: 9/8/2022 12:00 PM by Helen Buchillon Page 1 Packet Pg. 69 5.D.12.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20220006982 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 11750 RIGGS RD I_C, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accumulation of Litter 54-179, 54-181, 54-184(1)(c) and 54-184(1)(e) LOCATION OF VIOLATION: 11750 Riggs RD, Naples, FL SERVED: 11750 RIGGS RD LLC, Respondent Luis Macedo, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabte de proveer su propio traductor, para un mejor enlendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fdt an ang16. Nou pan gin moun you f§ tradiksyon. Si ou pa pal& angle tanpri vini av6k you int&pr&t you pal6 you-ou. Packet Pg. 70 5.D.12.a Case Number: CENA20220006982 Date: July 27, 2022 Investigator: Luis Macedo Phone: 2398214847 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: 11750 RIGGS RD LLC 1771 BARBADOS AVE MARCO ISLAND, FL 34145 Location: 11750 Riggs RD, Naples, Single Family Unincorporated Collier County Zoning Dist: A Folio: 761000006 Property Legal Description: 17 51 27 S112 OF S112 OF SE114 OF SW1l4 OF SE114, LESS W 30FT NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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: Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in sections 54-179--54-184, in or upon public or private property, is hereby declared to be a public nuisance.: Unauthorized accumulation of litter. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, Section 54-181 Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Improper storage of inert waste materials and construction and demolition debris. Collier County Code of Laws, Chapter 54 Environment, Article VI Weeds Litter and Exotics, section 54-184(1)(c), (1)(e) (1)(c) Any construction and demolition debris or inert materials that originated off site must either be used as on -site fill or removed from the property within 90 days of delivery of such materials. (1)(e) Any construction and demolition debris or other inert materials not properly disposed of will be deemed as litter. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Concrete, Pilings (poles) and miscellaneous litter/debris piled/accumulated throughout the property. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must cease all deliveries or disposal of all materials and obtain required Collier County permit for the use of inert materials or remove all unauthorized accumulation of inert waste and litter by any county approved method or remove from the property to a site intended for final disposal. ON OR BEFORE: 8/26/2022 Packet Pg. 71 5.D.12.a Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: &'h Investigator Signature Luis Macedo Case Number CENA20220006982 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 72 5.D.12.a The Collier County Code of Laws and Ordinances Sec. 54-179. - Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. Sec. 54-181. - Unauthorized accumulation of litter. Any unauthorized accumulation of litter in or upon any property, vacant or improved, or on or upon any public street, alley or other public or private place is a violation of this article. Any property owner, tenant, occupant, agent, manager, or other person who owns, maintains, or controls private property, whether improved or unimproved, is hereby declared to be in violation of this article where any such unauthorized accumulation of litter is maintained or is allowed to remain on such property. Sec. 54-184. Waste materials management. Inert waste materials may be used as fill on a site only after a valid development order for such site has been obtained and posted and provided that such disposal is in conformance with federal, state, and local laws and regulations. Fill is any operation in which material (including but not limited to rock, concrete rubble, or other masses of material) is added onto real property, including the filling of low areas or elevating existing contours or grades. Inert waste materials, which have not been properly buried or disposed of, will be deemed as litter. Onsite processing of construction demolition debris and crushing of inert waste materials from an offsite location is prohibited outside of an approved conditional use in the Industrial or Agricultural Zoning Districts, or by a Board approved development order. Any construction and demolition debris or inert materials that originated off -site must be either be used as on -site fill or removed from the property within 90 days of delivery of such materials. e. Any construction and demolition debris or other inert materials not properly disposed of will be deemed as litter. Packet Pg. 73 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23291) DOC ID: 23291 CESD20210003238 MARIELA EMBLIDGE LIVING TRUST CASE NO: CESD20210003238 OWNER: MARIELA EMBLIDGE LIVING TRUST OFFICER: Rickey Migal VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal and clearing of vegetation without Collier County permit. FOLIO NO: 36913560009 PROPERTY 340 215t St NW, Naples, FL ADDRESS: 5.D.13 Updated: 9/8/2022 3:18 PM by Helen Buchillon Page 1 Packet Pg. 74 5.D.13.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210003238 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ►IGG 4 IIR � \ ► - •• �- 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F. Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) ui U LOCATION OF VIOLATION: 340 21st ST NW, Naples, FL r N SERVED: MARIELA EMBLIDGE LIVING TRUST, Respondent ce) N Rickey Migal, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE H HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged vioiator 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 tc 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples. Florida 34112, or (239) 252- 8380, as soon as possible. but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en ei idioma Ingles. Servlcios the traduccion no seran disponibles en la audiencia y usted sera responsabie de proveer su propio traductor, para un mejor entendimiento con [as comunicaciones de este evento. Per favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun poi fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 75 5.D.13.a Case Number: CESD20210003238 Date: July 30, 2021 Investigator: Rickey Migal Phone: 2398778122 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARIELA EMBLIDGE LIVING TRUST 340 21ST ST NW NAPLES, FL 34120 Location: 340 21st ST NW, Single Family, Naples Unincorporated Collier County Zoning Dist: E Folio: 36913560009 Property Legal Description: GOLDEN GATE EST UNIT 7 N 15OFT OF TR 58 Folio: 36913560009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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: Submittal Requirements for Permits. Building or Land Alteration Permits. ui Improvement of property prohibited prior to issuance of building permit. Collier County Land Development C) Code 04-41 as amended, Section 10.02.06(B)(1)(e) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) CollierCn N County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) F14- 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... The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Removal and clearing of vegetation without Collier County permit. ORDER TO CORRECT VIOLATION(S)• You are directed by this Notice to take the following corrective action(s): 1. : Must apply for and obtain a separate Vegetation Removal Permit for any Accessory Structures or approved Accessory Uses that qualify therefor. If any clearing does not qualify for a Vegetation Removal Permit; must submit a Mitigation Plan which meets the criteria pursuant to Section 10.02.06 Packet Pg. 76 5.D.13.a (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). 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. Provision must be made for irrigation of new plantings to increase survival if rainwater is not sufficient. New plantings must have 80 percent survival for a period of no less than 3 years. Minimum sizes shall apply: 1 gallon ground covers, 3 gallon shrubs, and 4 foot tall trees. A maintenance provision of no less than 3 years must be provided in the Restoration Plan to control invasion of Exotic vegetation. ON OR BEFORE: 08/29/2021 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: nves gat ignature Rickey Migal Case Number: CESD20210003238 INQUIRIES AND COMMENTS SHOULD BE DIRE�CTED TO CODE ENFORCEMENT 2800 forth Horseshoe Dr, Naples, FL 34104 Ph6nel 239 Z52-244.0 FAX/239 252-2343 Si �ture and Title df Rilh�ripient Pri ted Name of Recipien Date N M 514 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 77 5.D.13.a The Collier County Land Development Code, 2004-41, As Amended 10.02.06 - Requirements for Permits B. Building Permit or Land Alteration Permit. Z . Building or land alteration permit and certificate of occupancy compliance process. _J a. Zoning action on building or land alteration permits. The County Manager or his designee shall be w C responsible for determining whether applications for building or land alteration permits, as J required by the Collier County Building code or this Code are in accord with the requirements of m this Code, and no building or land alteration permit shall be issued without written approval that w plans submitted conform to applicable zoning regulations, and other land development regulations. Q For purposes of this section a land alteration permit shall mean any written authorization to alter w [and 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 w allowed to exist and/or no [and alteration shall be permitted without first obtaining the M cm authorization of the required permit(s), inspections and certificate(s) of occupancy as required by M the Collier County Building Code or this Code and no building or land alteration permit c application shall be approved by the County Manager or his designee for the erection, moving, N addition to, or alteration of any building, structure, or land except in conformity with the N provisions of this Code unless he shall receive a written order from the Board of Zoning Appeals C in the form of an administrative review of the interpretation, or variances as provided by this Code, V or unless he shall receive a written order from a court or tribunal of competent jurisdiction. r CA N M B. Building Permit or Land Alteration Permit. I. Building or land alteration permit and certificate of occupancy compliance process. t 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 of section 4.06.04 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. Packet Pg. 78 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23292) DOC ID: 23292 CEROW20210004559 Everett CASE NO: CEROW20210004559 OWNER: Timothy Matthew Everett and Carol Renee Everett OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article IX, Section 110-31(a). Debris placed in Right of Way and using Right of Way to ingress and egress property. No Collier County approvals or permit obtained. FOLIO NO: 41885760003 PROPERTY 5840 Bur Oaks Ln, Naples, FL ADDRESS: 5.D.14 Updated: 9/8/2022 3:25 PM by Helen Buchillon Page 1 Packet Pg. 79 5.D.14.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: CEROW20210004559 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: ROW 110-31(a) LOCATION OF VIOLATION: 5840 Bur Oaks LN, Naples, FL SERVED: TIMOTHY MATTHEW EVERETT AND CAROL RENEE EVERETT, Respondent Ryan Cathey, 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 1S 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepr6t you pale you-ou. Packet Pg. 80 5.D.14.a Case Number: CEROW20210004559 Date: June 05, 2021 Investigator: Delicia Pulse Phone:2392522481 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EVERETT, TIMOTHY MATTHEW CAROL RENEE EVERETT 5840 BUR OAKS LN NAPLES, FL 34119 Location: 5840 Bur Oaks LN, Building, Naples Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 96 W 15OFT OF TR 92 Folio: 41885760003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, 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: Right of Way Permits: Collier County Code of Laws and Ordinances, Chapter 110 Roads and Bridges, Article II Construction in Right of Way, Division 1 Generally, Section 110-31(a). (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County. including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Debris placed in Right Of Way and using Right Of Way to ingress and egress property. No Collier County approvals or permit obtained. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Cease any and all work activities in the right-of-way AND / OR Obtain applicable right of way permit from Department of Transportation and/or remove any and all offending materials from the right of way for any activity not permitted with a valid right of way permit. ON OR BEFORE: July 5, 2021 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, a of prosecu io SERV BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE —ENFORCEMENT 2800 No h Ho a1fio , Naples, FL 34104 In s ' for Sijqatur Phone: - FAX: 239 252-2343 Delicia Pulse Case Number: CEROW20210004559 Signature and Tit e of Recipient Printed Name of Recipient to 1�J( (ofi Date 'This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees, and any new or outstanding fees required for approval. Packet Pg. 81 5.D.14.a Sec. 110-31. Permits. (a) It shall be unlawful for any responsible party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the Collier County Transportation Operations Department as specified herein or in the handbook. (Ord. No. 03-37, § 5, 6-24-03; Ord. No. 2003-58, § 3, 11-18-03) (Supp. No. 104) Created: 2022-07-12 16:03:37 [EST] Page 1 of 1 Packet Pg. 82 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23296) DOC ID: 23296 CESD20210000240 PARROTS IN PARADISE TRUST CASE NO: CESD20210000240 OWNER: PARROTS IN PARADISE TRUST OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Alterations work and enclosure of lanai without required Collier County Building permit. FOLIO NO: 24473720003 PROPERTY 44 1st St, Bonita Springs, FL ADDRESS: Updated: 9/8/2022 4:23 PM by Helen Buchillon Page 1 Packet Pg. 83 6.B.1.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210000240 COLLIER COUNTY, FLORIDA, Plaintiff, vs "=1• ► 01Ci9 •• •- 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(b)(1)(a) and 10.02.06(B)(1)(e) LOCATION OF VIOLATION. 44 1st ST, Bonita Springs, FL SERVED: PARROTS IN PARADISE TRUST, Respondent Sherry Patterson, 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. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail F., Suite 101, Naples, Florida 34112, os (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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 esle evento. For favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 84 INSTR 6162963 OR 6045 PG 1331 RECORDED 11/22/2021 11:35 AM PAGES 3 CLERIC OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20210000240 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. �r PARROTS IN PARADISETJST, Respondent. ORDEi F THE CODE ENFORCEMENT BOARD THIS CAUSE came before ft'Code Ffiforcernent Board (the "Board") for public hearing on October 29, 2021, and the Board, having heard test' ony'der oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FLINGS OF FACT 1. Respondent, PARROTS IN PARADISE the owner of the subject property (the "Property"). fJ �� 2. Respondent, having been notified of the date'.gf+Flearin by certified mail and posting, did not appear at the public hearing.'' 3. Prior to the hearing, Respondent entered into a St p ia:ftonhich is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order;Respondent is ordered to comply. 4. The Property at 44 lsT ST., BONITA SPRINGS, FL 34134, F'oIio.No. 24473720003 (Legal Description: BONITA SHORES UNIT 1 BLK 4 LOT 11 OR 1654 PG 449Win 1iolation of Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), Ord. No. 04-41, as amended, Collier CoAty Land Development Code, in the following particulars: Alteration work and enclosure of lanai without required Collier County Building permit. 5. The violations have not been abated as of the date of this hearing. f CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued, and the Board has jurisdiction pursu tanf o Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. The preponderance of the evidence shows that violations of Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), Ord. No. 04-41, as amended, Collier County Land Development Code, do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Jaws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page 1 of 2 Packet Pg. 85 OR 6045 PG 1332 6.B.1.a A. Respondent is found guilty of violating Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), Ord. No. 04-41, as amended, Collier County Land Development Code. B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the alteration work and enclosure of rear lanai, on or before April 27, 2022, or a fine of $200.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order, Collier County may abate the violations using any method to bring the.yi6latidrjs into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the pr , sions, of this Order and all costs of abatement shall be assessed to Respondent. D. Respondent is'ordereoo,pay operational costs for the prosecution of this case in the amount of $59.28 on or before November Z8. 2021. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a.site inspection to confirm compliance. DONE AND ORDERED thW day of , 2021 at Collier County, Florida. II t� CODE ENT BOARD C LIER CO UN Y, FLORI A 1 STATE OF FLORIDA ob rt Kau Chai COUNTY OF COLLIER The foregoing instrument was acknowledged before me bears of 1physical Presence or ❑online notarization, this 4 day of f jdUFuCd 6SA , 2021, by Robert!�wfhjair, Chair of the Collier County Code Enforcement Board Collier County, Florida. )KPersonally Known OR ❑ Produced Identification Type of Identification Produced ignature of Notary Public - State of Florida tVA-4 HELEN BUCHILLON f re'..,..'�k Comrnisslon#HH105119 mmissi.onedName ofNotary Public Expires May 15, 2025 (.- -(Print/Type/Stamp) �rE0fF1.OQ' BondedrNu6udgarNdarySwvkN . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may=be paid, at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, P, one: �239) 252-2440, Website: www.colliercount�fl.gov. Any release of lien or confirmation of compliance or con$rrnoon of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court withib thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited -to appellate review of the record created within the original hearing. It is the responsibility of the appealing par' 'to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: PARROTS IN PARADISE TRUST c/o Kurt E. Witzel, Trustee, 28086 MEADOWLARK LN., Bonita Springs, FL 34134, on NQ1t�r�1 9 2021. Code Enforcement Official fn?l; alefou%ndfor3611jr C^untyI, Crystal Kf do hear -by i:€i-ij itiaf, abc je iist amp 'i , tr.ua a+.J correct cop o .he ob©+oal i ir%FClier County, FI a DeputyGerk Da".:: Page 2 of 2 Packet Pg. 86 *** OR 6045 Pis 1333 *** 6.B.1.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. PARROTS IN PARADISE tRUST C10 KENT E. WITZEL PI3 Case No. CESD20210000240 Res ndent(s), 7 f STIPULATION/AGREEMENT Before me, the undersigned. Kent E. Witzei, as Trustee of the Parrots in Paradise Trust, enters into this Stipulation and Agreement with Collier County as 10 the resolution of Notices of Violation in reference (case) number CESD20210000240 dated the 20" day of April, 2021! This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore,A is strongly recommended that the respondent or representative attend the Hearing. f, In consideration of the disposition and resoltition.olf the matters outlined in said Netice(s) of Violation for which a hearing is currently scheduled for October 29, 2021, to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate "Alteration work and enclosure of lanai without required Collier County Building Permit(s)' and-1 stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. .' THEREFORE, it is agreed between the parties that th6 Re pondent shall: 1) Pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: % Must obtain all required Collier County Building perrpit ..or Demolition permit(s) and request all inspections through Certificate of CompletionlOccupancy forthe alteration work and enclosure of the rear lanai within 180 days of this Hearing cr a Fine of $200 00 per'day will be imposed until the violation is abated 3) Respondent must notify Code Enforcement within 24 hours,of_abatement of the violation and request the Investigator perform a site inspection to confirm compliance, )24 hears notice shall he by phone or fax and made during Ne wotkwaek. If the volation �s abated 24 haulBpft to a. Sahlfday, Sunday or legal hChday, Nan the nodrtcation must be made on the next day that is nol a Saturday, Sunday or- legal hollday.) - 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 Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the -property owner. Respondent or Representative {sign) W. Eric Short, Supervisor_ for Michael Ossoria,'Di,=il Code Enforcement Division Respondent or Representative (print) Date Kent E. Witzel, Trustee of the Parrots in Paradise Trust ku fate REV 3-29-1 6 Packet Pg. 87 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.1.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. PARROTS IN PARADISE TRUST, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20210000240 BEFORE ME, the undersigned authority, personally appeared Sherry Patterson, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 29, 2021, 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 6045 PG 1331 , et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on July I Sth 2022 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a Collier County Building Permit, all required inspections and Certificate of Completion for alteration and enclosure of lanai. FURTHER AFFIANT SAYETH NOT. DATED this 15th day of July, 2022. STATE OF FLORIDA COUNTY OF COLLIER Swo to (or ffirrned and subscribed before me by means of K physical presence or— online notarization, this S, day of y / 2(Z by Sherry Patterson of Personally MIRIAM LORENZO wmisSION # GG 318883 Bonded Thru Notary Packet Pg. 88 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23297) DOC ID: 23297 CESD20210007663 McCloskey CASE NO: CESD20210007663 OWNER: Kevin J McCloskey and Carolyn McCloskey OFFICER: Jordann Marinos VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Metal entrance gate and electrical access box for gate installed prior to obtaining a permit. FOLIO NO: 56340000060 PROPERTY 5361 Mahogany ridge Dr, Naples, FL ADDRESS: Updated: 9/8/2022 4:35 PM by Helen Buchillon Page 1 Packet Pg. 89 6.B.2.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210007663 COLLIER COUNTY, FLORIDA, Plaintiff, vs. KEVIN J & CAROLYN MCCLOSKEY, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 5361 Mahogany Ridge DR, Naples, FL SERVED: KEVIN J & CAROLYN MCCLOSKEY, Respondent Jordann Marinos, 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. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trait E., Suite 101, Naples, Florida 34112. or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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 so propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pall angle tanpri vini avek you inteprAt you pale you-ou. Packet Pg. 90 INSTR 6224748 OR 6102 PG 1010 RECORDED 3/24/2022 4:55 PM PAGES 5 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S44.00 6.B.2.a COLLIER COUNTY CODE ENFORCEMENT ODE ENFORCEMENT BOARD Case No. CESD20210007663 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. Kevin J. McCloskey and C olyb McCloskey, Respondents. f ORDERh3F THE CODE ENFORCEMENT BOARD THIS CAUSE came before theWe forceent Board (the "Board") for public hearing on February 24, 2022, and the Board, having heard testiiho�ey�n4ermoath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings.,of'Fact, Conclusions of Law, and Order of the Board as follows.- �, 1 FII4`DV1GS OF FACT 1. Respondents, Kevin J. McCloskey and C yn'McCloskey, are the owners of the subject property (the "Property"). f 2. Respondents, having been notified of the date of tng by certified mail and posting, did not appear at the public hearing. 3. Prior to the hearing, Respondents entered into a Stipul} Win, Which is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Orde' , an}i ifesp-Pndents are ordered to comply. 4. The Property at 5361 Mahogany Ridge Dr,, Naples, FL 34-M 9� F61i ` No. 56340000060 (Legal Description: MAHOGANY ESTATES LOT 3) is in violation of Collier County and Development Code, Ord. No. 04- 41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e); d 10.02.06(B)(1)(e)(i), in the following particulars: Metal entrance gate and electrical access box for gate installed prim to attaining a permit. 1 5. The violations have not been abated as of the date of this hearing. CONCLUSIONS OF LAW ") Based upon the foregoing facts, the Board makes the following Conclusions of Low. 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida_ 2. The preponderance of the evidence shows that violations of Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), do exist, and that Respondents committed, and were responsible for maintaining or allowing the violations to continue as of the date of this hearing. Pagel of 3 Packet Pg. 91 OR 6102 PG 1011 6.B.2.a ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Respondents are found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). B. Respondents rust abate all violations by obtaining all required Collier County Building Permit(s), Tnspecti ,*apd rtificate of Completion/Occupancy for the unpermitted gate and access box on or before May 25, 2l}2 . Ar a fine of $150.00 per day will be imposed for each day the violations remain thereafter. C. If Respondents fail to/ mply with this Order, Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions cf this Order and all costs of abatement shall be assessed to Respondents. D. Respondents are ordered -to pay perationO costs for the prosecution of this case in the amount of $59.28 on or before March 26, 2022. E. Respondents shall notify C/de Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site ins ctroiii to confirm compliance. 7'O AND -ORDERED this $�.day df 2022 at Collier County, Florida. L Y Clerkpf Gaurts in end for Collier Cnunty i y _ t f1h ..n insirument is a true ar,3 J CODE E ENT BOARD Ili -County, Flcridia { DeputyClerk f C R CO Y, FLO • t % ` Ra�a� �' . STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical presence or 0 online notarization, this day of��, 2022, by Robert Kaufmafi; QdiiLthe llier County Code Enforcement Board Collier County, Florida7. . Personally Known OR 0 Produced Identification \Type of Identification Produced Signature of ltlotary Public - State of Florida Nii !j P t*"Y °oar HELEN BUCHILLON ComrMssion # HH 105119 Commissi ed I13am of Notary Public Nei P Expires May 15, 2025 (Prittit! 1�/tamp) FOFFLOF BondedTFuuBudgetNatvySeryites PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at th Coluer County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (hZ 252-2440, Website: www.coltieTcouniyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty(30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. Page 2 of 3 A d Y (n O V v M to to 1- CD 0 0 N (D N U) W s ti rn N Cl) Y to O V v M co ti 0 0 o_ N 0 N to W C d s V r Q Packet Pg. 92 OR 6102 PG 1012 6.B.2.a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Kevin J. McCloskey and Carolyn McCloskey, 5361 Mahogany Ridge Dr., Naples, FL 34119 on LLA4tt, k4-(, , 2022. Code Enforcement Official f 4. s Page 3 of 3 Packet Pg. 93 OR 6102 PG 1013 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. KEVIN J. McCLOSKEY AND CAROLYN McCLOSKEY Respondent(s), STIPULATION/AGREEMENT Case No, CESD20210007663 Before me, the undersigned; Kevin J. McCloskey and Carolyn McCloskey, on behalf of Kevin J. McCloskey and Carolyn McCloskey, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference dumber CESD20210007663 dated the 26�1 day of July, 2021. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and pesolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 2,4t1 of February, 2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1 1. 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that:thelRespondent shall; 1) Pay operational costs in the amount of S59.28' ncu o in the prosecution of this case within 30 days of this hearing. ,. f 2) Abate violations by: Obtaining all required Collier County Building Permit(s) inspections, and Certificate of Completion/Occupancy for the unpermitted gate and access box within 90 days of his hearing or a fine of $150.00 per day will be Imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 #lours of abatement of the violation and request the Investigator perform a site inspection to confirm cgrlipliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 -hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may -abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement sell be assessed to the property owner. Respo dent or Representativ sign) Cristina Perez, Supervisor for Michael Ossorio, Director Code Enforcement Division ]�eu,tn ��c�o5 �� .? 3 Respondent or Representa ive (print) Date a Date Packet Pg. 94 *** OR 6102 PG 1014 *** 6.B.2.a Case No. CESD20210007663 Respondent o present iv sign) ca ro/ n o.s K Respondent dr Repr ntatiVq {print ,�- Date j �1 Packet Pg. 95 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.2.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner `1 MCCLOSKEY, KEVIN J & CAROLYN, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20210007663 BEFORE ME, the undersigned authority, personally appeared .Iordann Marinos, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on February 24, 2022, 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 M6 PQdj , et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on August 4". 2022. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by returning the property to it's previously permitted state. FURTHER AFFIANT SAYETH NOT. DATED this 4th day of August, 2022. COLLIER COUNTY, FLORIDA CODE ORCEMENT BOA D V19(dann Marinos ade Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmid) and subscribed before me by means of� physical presence or _ online notarization, this 4 day of �tuSt- 20_Qby Jordann Marinos (Signature of Notary Public) ;o -0 Puee HEELEN SUCHlLLON # In fOf. C¢smissicn I HH 105119 (Print/Type/Stamp Commissioned Name of Notary Public) N �� Expires May 15. 2025 Ba;:edTtmBuOMNoury3mm Personally known v` Packet Pg. 96 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23298) DOC ID: 23298 CESD20210005110 Diprena and Adeka CASE NO: CESD20210005110 OWNER: Osmath Diprena and Woulie Adeka OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Converted the lanai into living space without first obtaining a valid Collier County permit. FOLIO NO: 62257960009 PROPERTY 5238 Texas Ave, Naples, FL ADDRESS: Updated: 9/12/2022 1:38 PM by Helen Buchillon Page 1 Packet Pg. 97 6.B.3.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case. CESD20210005110 COLLIER COUNTY, FLORIDA, Plaintiff, vs 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 5238 Texas AVE, Naples, FL SERVED: OSMATH DIPRENA and DJOULIE ADEKA, Respondent Joseph Mucha, 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. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual_ 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. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 98 INSTR 6293986 OR 6161 PG 3452 RECORDED 8/9/2022 10:23 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA RFC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20210005110 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, { vs. Osmath Diprena and Ddbu. delta, �f Respondents THIS CAUSE came before the CWe E 'forcement Board (the "Board") for public hearing on June 23, 2022, and the Board, having heard testimony under �paIA, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Pa .Conclusions of Law, and Order of the Board as follows F(DINGS OF FACT -" l Respondents, Osmath Diprena and DJoulie/Aeka, are the owners of the subject property (the "Property") J 2 Respondents, having been notified of the date hea`ri �``g by certified mail and posting did not appear at the public hearing, however County staff testified as to efiorCs to abate the violations f � 3 The Property located at 5238 TEXAS AVE, NapleSr.,FL.3411 '., Foha No 62257960009 (Legal Description NAPLES MANOR LAKES BLK 9 LOT 11) is in violatptrof Collier County Land Development Code Ord No 04-41, as amended, Sections 10 02 06(B)(1)(e) and Af:06)(1)(e)(i), in the following particulars Converted the lanai into living space without first obtaMnvng?Kval d Collier County permit. 4 The violations have not been abated as of the date of this heari CONCLUSIONS OF LAW r�.k Based upon the foregoing facts, the Board makes the following Conclusions of(taw ' 1 All notices were properly and timely issued, and the Board has Jurlsdictimt su�rit Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier Q6unty 'lorida 2 The preponderance of the evidence shows that violations of Collier County Land.Deve7�Pment Code Ord No 04-41, as amended, Sections 10 02 06(B)(1)(e) and 10 02 06(B)(1)(e)(i), do exmd, and that Respondents committed, and were responsible for maintaining or allowing the violations to continue as of the date of this hearing ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that A Respondents are found guilty of violating Collier County Land Development Code Ord No 04-41, as amended, Sections 10 02 06(B)(1)(e) and 10 02 06(B)(I)(e)(i) Page 1 of 2 Packet Pg. 99 ** OR 6161 PG 3453 *** 6.B.3.a B Respondents must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for conversion of the lanai into living space on or before July 23, 2022, or a fine of $250 00 per day will be imposed for each day the violations remain thereafter C if Respondents fail to comply with this Order, Collier County may abate the violations using any method to bring the violations 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 Respondents D Respondents a ordered to pay operational costs for the prosecution of this case in the amount of $59 28 on or before..J16 23`2022 E Respondents s` h;noti Code Enforcement within 24 hours of abatement of the violations and request the investigator tci (perfo mite inspection to confirm compliance DONE AND ORD) this day of J LAJ IL , 2022 at Collier County, Florida. N.- C9ReVVFD1tCEM1ENT BOAFD OLLIER CO 4TY, F O A (� Y STATE OF FLORIDA bent Ka a air COUNTY OF COLLIER The foregoing instrument was acknowledged beWe rite ea of lfph is resence or ❑ online notarization, this_? day of -ZLA .j 2022, by )-b K4u man, Ch the Collier County Code Enforcement Board Collier County, Florida Personally Known OR ❑ Produced Identification ,i�. Type of Identification Produced j Signature of Notary Public - State of Florida o"*V Poo, HELEN SUCH M e* Commission # HH f05f19 s' # e' Commissioned Name of Notary Public Expires May15, 02� (Print/Type/Stamp) y�FOF -10 SmdedThNeudgetNotarySMLM . PAYMENT OF FINES: Any fines ordered to be paid pursuant to this er may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 3410 Phone (239) 252-2440, Website www colliercountyfl gov Any release of hen or confirmation of compliance o confirriation of the satisfaction of the obligations of this Order may also be obtained at this location ,1 APPEAL- Any aggrieved party may appeal a final order of the Board to the CircuitCo�it within thirty (30) days of the execution of the Order appealed An appeal shall not be a hearing de novo, but shalfbe #tin ed to appellate review of the record created within the original hearing It is the responsibility of the appealin:CpartyAo obtain a transcribed record of the hearing from the Clerk of Courts Filing an appeal will not automatically stay this �rder CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U S Mail to Osmath Diprena and Woulie Adeka, 5238 TEXAS AVE, Naples, FL 34113, on �Sas/ $ 2022 �`�r cdtle� 1, Crystal K i�j(sEt�ifCierk cCJ �ntG,a true a coReci (.N,y � l r-•ta3DW puty CIE-* I `r Code Enforcement Official Page 2 of 2 Packet Pg. 100 6.B.3.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DIPRENA, OSMATH and DJOULIE ADEKA, Defendant(s) FA y 211x" N I[97I 1REX14% STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20210005110 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 23, 2022, 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 4ULLPG2�LQ et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on July 5th, 2022. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by permit PRBD2021010029 being finaled on July 5th. 2022. FURTHER AFFIANT SAYETH NOT. DATED this 16th day of August, 2022. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jose# Muc a Cod Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Y Sworn to (or affirmed) and subscribed before me by means of /_` physical presence or _ online notarization, this Ib day of i-*J \)Sfi" 2022 by Joseph Mucha (Signature of Notary Public) '01r HELEN BUCHILLO N Commission # HH 105119 (PrindTypeiStamp Commissioned Name of Notary Public) * ��`. Expires May 15, 2025 Personally known v' ,E OF fll�P Ba'W 1NY&+d9st WAfYS 6*0 Packet Pg. 101 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.3.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs DIPRENA, OSMATH DJOULIE ADEKA, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD202100051 10 BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on June 23, 2022, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendants) was to June 24 h, 2022 as stated in the Order recorded in the public records of Collier County, Florida in OR Book 0!&LPGt= 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on July 25`h, 2022. 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 251h day of July 2022. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Q���� Joni Ian usse C00 0 , En rcement Official STATE OF FLORIDA COUNTY OF COLLIER x affirmed) and subscribed before me by means of -4 physical presence or _ online notarization, day of July 2022_ by Jonathan Musse (Signature of MIRIAM LORENZO (Print/Type/Stamp:tssiona�iFtduofdliy Public) Bonded Thru Notary Public Underwritc-s Personally known 4 Packet Pg. 102 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23299) DOC ID: 23299 CESD20210011573 BAYSHORE SUITES LLC CASE NO: CESD20210011573 OWNER: BAYSHORE SUITES LLC OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Multiple locations of modifications that are being made to the structures on this parcel are being done without the required permitting. This includes external modifications to the stilt home and internal modifications to the multi -family structure. FOLIO NO: 48171320008 PROPERTY 3200 Bayshore Dr, Naples, FL ADDRESS: Updated: 9/8/2022 4:53 PM by Helen Buchillon Page 1 Packet Pg. 103 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210011573 COLLIER COUNTY, FLORIDA, Plaintiff, vs BAYSHORE SUITES LLC, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10.02.06(B)(1)(a) LOCATION OF VIOLATION: 3200 Bayshore DR, Naples, FL SERVED: BAYSHORE SUITES LLC, Respondent John Johnson, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fit an angle, Nou pan gin moun you f� tradiksyon. Si ou pa pal6 angl6 tanpri vini avek you int2pr�)t you pall you-ou. Packet Pg. 104 IN5TR 6234415 OR 6110 PG 3953 RECORDED 4/11/202Z 2:49 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 6.B.4.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. CESD20210011573 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. BAYSHORE SUITES; LL Respondent. y ORDE FOF THE CODE ENFORCEMENT BOARD ;-\ THIS CAUSE came before the P0e nforcement Board (the "Board") for public hearing on March 24, 2022, and the Board, having heard testintoqy4nder oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Fin6tgs pi Fact, Conclusions of Law, and Order of the Board as follows: F116INiGS OF FACT 1. Respondent, BAYSHORE SUITES, LLC, !the,6\yner of the subject property (the "Property"). 2. Respondent, having been notified of the date QPltcari by certified mail and posting, did not appearat the public hearing. .{- ' 3. Prior to the hearing, Respondent entered into a Sfipula ion�r hich is attached hereto as Exhibit "A." The Stipulation is adopted and incorporated into this Order pd Respondent is ordered to comply. 4. The Property at 3200 Bayshore Dr., Naples, FL 34112, Folio No. 48171320008 (Legal Description: GULF SHORES BLK 2 LOTS 22 + 23) is in violation of Collier 06u5t3rl;a�d Development Code, Ord, No. 04-41, as amended, Section 10.02.06(B)(1)(a), in the following particulars f Multiple locations of modifications that are being made to th.,.e. stt" res on this parcel are being done without the required permitting. This includes external modifications to the stilt home and Internal modifications to the multi -family structure. 5. The violation has not been abated as of the date of this hearing. CONCLUSIONS OF LAW) "y Based upon the foregoing facts, the Board makes the following Conclusions of Law: :: = I. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. The preponderance of the evidence shows that violations of Collier County Land Development Code, Ord. No. 04-41, as amended, Section 10.02.06(B)(1)(a) do exist, and that Respondent committed, and was responsible for maintaining or allowing the violation to continue as of the date of this hearing. QRDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page 1 of 2 Packet Pg. 105 OR 6110 PG 3954 6.B.4.a A. Respondent is found guilty of violating Collier County Land Development Code, Ord. No. 04-41, as amended, Section 10.02.06(B)(1)(a). B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s), Inspections, and Certificate of Completion/Occupancy for the building modifications on or before July 22, 2022, or a tine of $200.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent.fails to comply with this Order, Collier County may abate the violations using any method to bring the viola ons into compliance and may use the assistance of the Collier County Sheriffs Office to enforce ttrais` ns of this Order and all costs of abatement shall be assessed to Respondent. D. Respondent is.o>�red to pay operational costs for the prosecution of this case in the amount of $59.21 on or before April 23.202 E. Respondent shall notify -'toile Enforcement within 24 hours of abatement of the violations and request the investigator to perfnia site inspection to confirm compliance. DONE AND ORDERED t6il,/ J�day of� 2022 at Collier County, Florida. i CODE COL BY: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before this day of Q 2022, by 1 NFL TUFT BOARD COUNTY FLORIDA� Kau of physical presence or ❑ online notarization, tt, Chair of the Collier County Code Enforcement Board Collier County, Florida. XPersonally Known OR ❑ Produced Identification !�v - _ f og�ature of Notary Public State of Florida Type of Identification Produced �.. t yeY A HELEN BUCHILLON Commisslon # HH 1D5119 * * ommissioned Name of Not Public Nl o� Expires May 15, 2[125 �'y F%9 Bonded n- BuASet Hatary Smkn ()Rrint/Type/Stamp) PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may -be,pa,Wi. at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phofie: -( 39) 252-2440, Website: www ollicrcount fl. ov, Any release of lien or confirmation of compliance or confirmation oft tisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30)Aays of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate revieyv-ef4he record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct c y of this ORDER has been sent by U.S. Mail to: BAYSHORE SUITES, LLC, 3200 Rayshore Dr., Naples, FL 34112, on 2022. Cam".. i, Crystal,lC.lGdz�l;'Cleriii;fQtf r Odfor ;dlierCounty Code Enforcement Official do heart i ;;+a11he if: sirument is a true a::, cared copy 6 !xi fi i 0whty, Florida BY ' Deputy Cleric D ' Pagc 2 of 2 Packet Pg. 106 *** OR 6110 PG 3955 *** 6.B.4.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Bayshore Suites LLC Case No. CESD20210011573 Respondent(s), `F STIPULATIONIAGREEMENT Before me, the undersigned, ©iane Sullivan , on behalf of Bayshore Suites LLC, enters into this Stipulation and Agreement with Collier -'County as to the resolution of Notices of Violation in reference (case) number CESD20210011573 dated the '10th day of December, 2021. This agreement is subject to the approyel of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearingfdate, therefore it is strongly recommended that the respondent or representative attend the Hearing. i 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 March­'24,`2022; to promote efficiency in the administration of the code enforcement process; and to obtain a quick .and' expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1 1) The violations noted in the referenced Notice,6L-Violation are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall; i 1) Pay operational casts in the amount of $ 59.21 mcurre in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: , Obtaining all required Collier County Building Pcrmit(s} or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the building m6difxt6ations within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of .abatement of the violation and request the Investigator perform a site inspection to confirm compliance. J (24 hours notice shall be by phone or fax and made during the workweek. 1' the violation is abated. i.L. prior to a Saturday, Sunday of Legal holiday, then the notiPcalion must be made an the next day that is not a Saturday, Sunday or legal hdida 4) That if the Responde fails to abate the violation the County may abate tye violation using any method to bring the violation m o compliance and may use the assistance of the Collier County Sheriffs Office to f+rce the proves ones of this agreement and all costs of abatement shall brie asessed to the property awn 1 Res ondent or R resen ative (sign) Q ch 68m Q Supervisor for Midhael Ossorio, ❑erector Code Enforcement P ivision 3Z S � 2,1 Respondent or Representative (print) Date 690 DL- Date REV 3-29-16 Packet Pg. 107 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23301) DOC ID: 23301 CESD20170011238 McGrath CASE NO: CESD20170011238 OWNER: Caryn Mary McGrath OFFICER: Luis Macedo VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. FOLIO NO: 46420360009 PROPERTY 659 Palm Ave, Goodland, FL ADDRESS: Updated: 9/9/2022 8:33 AM by Helen Buchillon Page 1 Packet Pg. 108 6.B.5.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20170011238 COLLIER COUNTY, FLORIDA, Plaintiff, vs 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: 09/22/2022 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) and 10.02.06(8)(1)(e)(i) U r LOCATION OF VIOLATION: 659 Palm AVE, Goodland, FL c M M SERVED: CARYN MARY MCGRATH, Respondent N Luis Macedo, 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 al! 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 Anyone who requires an auxiliary aid or service for effective communication. or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E, Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicics 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. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 109 INSTR 5568908 OR 5519 PG 3631 RECORDED 6/11/2018 10:50 AM PAGES 4 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COLLIER COUNTY FLORIDA REC $35.50 6.B.5.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20170011238 1 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARYN MARY MCGRATH, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came on for public ��e orcement Board on May 24, 2018, and the Code Enforcement Board, having heard t er oath, re ence and heard argument respective to all appropriate matters, hereupon issues it,p, - x of Fact and Order o e Enforcement Board, as follows: 1. Respondent, CARYN MAR Yr ) s e ft ect roperty. 2. Respondent was notified bf th aryg a fled it d I g and the Code Enforcement Board has jurisdiction of atter. 3. At the hearing, the Respon red into a Stipulatio hi h ' r hed hereto as Exhibit "A". The Stipulation is adopted as an _f the Code Enforcement the Respondent is ordered to comply. 4. The real property located at 659 Pa T Fio� FL 34140, Folio No. 46420360009 (Legal Description. GOODLAND ISLES 1 ST ADD BLK C LOT 3) is in violation of the Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) in the following particulars: A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. 5. The violation has not been abated as of the date of the public hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No.2007-44, as amended, it is hereby ORDERED: A. Respondent is found guilty of violating Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). B. Respondent must abate all violations by obtaining Demolition Permit, Inspections, and Certificate of Completion for the removal of the previous mobile home and obtain all required inspections and certificate of completion for the tiny house permit (PRBD20171254064) and for the boat lift permit (PRBD20170830971) on or before September 21, 2018 or a fine of $100.00 per day will be imposed for each day the violation(s) remains thereafter. Packet Pg. 110 OR 5519 PG 3632 6.B.5.a C. If Respondent(s) fails to comply with this Order, Collier County may abate the violation using any method(s) to bring the violation(s) 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. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $59.63 on or before June 23, 2018. E. Respondent shall notify the Code Enforcement Investigator of this case within 24 hours of abatement or compliance so that a final inspection may be performed to confirm compliance. DONE AND ORDERED this day of June 2018 at Collier County, Florida. CODE ENFORCEMENT BOARD STATE OF FLORIDA ) vv--� All COUNTY OF COLLIER), The foregoing instrument was ack#ow 2018, by Robert Kaufman, Chair f th _X_ personally known to me br� EAPM# 21, 9txl W Hlruu Affon fi ? o hoe Drive 1 of 11*r nth , Florida, who is loci v tsLicense as identification. 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, Websitc; www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an Appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy a lis ORDER has been sent by U. S. Mail to Caryn Mary McGrath at PO Box 1985 Marco Island, FL 34146 this day of June 2018. Coe orcem t coal 0 M M N Packet Pg. 111 OR 5519 PG 3633 6.B.5.a ,-AdtC Vi County of COLLIER I HEREBY CERTIFY Ti-, correct cop tfg&uT Boa d,lr✓f nAs and kK .•WlT SS ifiy U..`af�d --` dY`0f ltii� is a true and on fife iQ of Colter County Via[.. t this s t. ca 'L^ V CV G 00 M N r r O O ti T O N 0 W U T O M M L 00 M N T T 0 0 ti r 0 N a U) W U c d E t 0 Q Packet Pg. 112 *** OR 5519 PG 3634 *** 6.B.5.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida vs. Caryn Mary McGrath Petitioner, Respondent(s), STIPULATION/AGREEMENT Case No. CESD20170011238 COMES NOW, the undersigned, Caryn Mary McGrath, on behalf of herself or 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 CESD20170011238 dated the 3rd day of August, 2017. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which II a hearing is currently scheduled for May 24"', 201$r.to_promote efficiency in the administration of the code c enforcement process; and to obtain a quid .�pkd' irs resolution of the matters outlined therein the o parties hereto agree as follows: 1�'` 1�T�� a 1) The violations noted in the referee t, ,'lice of Violation^^ re Acufate and I stipulate to their existence. "� U A mobile home that was removed��Neen2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed'withou�first-'obtainin a valid Collier County permit. o f � � � M THEREFORE, it is agreed between1theV�et at1 ii r�'�" I 1) Pay operational costs in the ;��59�3irai;�,i�ed i t ps icutian of this case within 30 days of this hearing. CD 2) Abate all violations by: f J lY. M Obtaining Demolition Permit, inijSi ions, and Certificate ©6dompletion for the removal of the previous mobile home and obtain all required;ibspections apd-cerkifica a of completion for the tiny house permit (PRBD20171254064) and for the boat lift Otp� (RR$D2@170830971) within ,� 0 days of this hearing or a fine of $ i UCH c b_ per day will be -imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If" Aoialicn is abated 24 hours prior to a Sal unday, Sunday or legal holiday, then the notification must be made an the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner, ,A Respondent or Representative (sign) JosfeEnforcement Mucha, Supervisor forael Ossorio, Director CoDiv' ion - 5 L-�). �t 1 S� Respond nt or Representativ (print) Date Date REV 3.29-16 Packet Pg. 113 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner MCGRATH, CARYN MARY P O BOX 1985, Defendants) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20170011238 BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 24, 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 5519 PG 3631. 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 CD compliance with the following conditions: Violation Remains M M N FURTHER AFFIANT SAYETH NOT. DATED this 24th day of September, 2018. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jonathan M Code Enforc nt Official STATE OF FLORIDA COUNTY OF COLLIER Swornto (or affloAed) and subscril}ed before me this 11!s4l day of September, 2018 by Jonathan Musse (Signature of Public} a� " HELENBUCHILLON Commission # GG 164629 �9 a Expir95 May 15, 2021 (PrintJType/Stamp Commissioned Name of Notary Public) FOF FL Bonded TniuBudgetNou7SeryIces Personally known � Packet Pg. 114 INSTR 5619458 OR 5558 PG 1057 RECORDED 10/2/2018 10:29 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 6.B.5.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20170011238 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARYN MARY MCGRATH, Respondent. THIS CAUSE came on for the Code Enforcement Board, havin advised in the premises, hereupon i; Enforcement Board, as follows: 1. Respondent was found Sections 10.02.06(B)(1 A mobile home that was removed shed, and power pole before the Code E a pondents' Motion f o is � fFa6-F-CoRlusions violating Collier Cook 0.02.06(B)(1)(e)(i) in 2006 and 2007 withi 4? out first obta �J T� f�l, I d Ko rC.Y.FI Board on September 27, 2018, and ion of Time and being duly and Order of the Code t Code 04-41, as amended, tars: demolition permit, and a dock lift, Collier County Permit. Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 0744, as amended, it is hereby ORDERED: A. The Respondent's Motion for Extension of Time of this case is DEN 1 ED. B, The Board continues this matter until November 26, 2018, C. All parties shall be re -noticed for the subsequent hearing date. D. Daily fines shall continue to accrue during the Continuance period. E. Respondent is ordered to pay operational costs in the amount of $59.35 on or before October 27, 2018. DONE AND ORDERED this � day of October 2018 at Collier County, Florida. r Q Packet Pg. 115 *** OR 5558 PG 1058 *** 6.B.5.a STATE OF FLORIDA ) / )SS: COUNTY OF COLLIER) } S The foregoing instrument was acknowledged before me this 1 day of October 2018, by Robert Kaufman, Chair of the Code Enforcement Board of Collier County, Florida, who is —X personally known to me or who has produced a Florida Driver's License as identification. DOM slam con APO It Bb11dE�ihNAa�a►►��""" TARY PAYMENT OF FINES: Any fires o ' erfd W Code Enforcement Department, 2 00 ort# Ho . www.col1_krjZQv,net. Any release cfllpi u obligations of this Order may also �tained at APPEAL: Any aggrieved party ma 1 a final order of the the execution of the Order appealed. ap I shall not be a hi review of the record created within the o ' ing. It is thi transcribed record of the hearing from the k .� j s f ' Order. CERTIFICATE OF SERVICE mabe paid at the Collier County 104, hone: (239) 252-2440, Website: Orm6tion of the satisfaction of the �suit Court within thirty (30) days of ,but shall be limited to appellate ty of the appealing party to obtain a will not automatically stay the Board's I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Caryn Mary McGrath at P.O. Sox 1985 Marco Island, FL 34146 this / day of October 2018. Coe nforcement Official VIA t, CFI* K.1 . q*15 Caxts in end iK Coft County ` tie i r►Q kr b=Wlt to a hue OW eared gory Mu ir' t;farCaen Florida �. . Deputy QwkQbf CD M Packet Pg. 116 6.B.5.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20170011238 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARYN M. MCGRATH, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") on September 26, 2019, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FINDINGS OF FACT 1. On May 24, 2018, Respondent, CARYN M. MCGRATH, was found guilty of violating Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(exi), Collier County Land Development Code, on the subject property c located at 659 Palm Ave, Goodland. FL. Folio No. 46420360009 (Legal Description: GOODLAND ISLES M 1ST ADD BLK C LOT 3, hereinafter referred to as the -Property"). in the following particulars: A mobile home that was removed between 2006 and 2007 without a valid demolition permit, and a dock lift, shed, and power pole installed without first obtaining a valid Collier County Permit. 2. On June 1, 2018, the Board issued its written Order ordering Respondent to abate the violations on or before September 21, 2018, or a fine of 5100.00 per day would be assessed for each day the violations remained thereafter until abatement was confirmed (A copy of the Order is recorded at OR 5519 PG 3631). 3. On September 27. 2018, the Board granted a continuance of this case (A copy of the Order is recorded at OR 5558 PG 1057). 4. Respondent, having been notified of the date of hearing by certified mail, posting and/or personal service, appeared at the public hearing and requested an extension of time to comply. 5. Operational costs of $59.63 and 559.35 previously incurred by Petitioner in the prosecution of this case were paid. 6. Operational costs in the amount of $59.63 have been incurred by Petitioner for this hearing. 7. The violations have not been abated as of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 8. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 9. Respondents have demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2), Florida Statutes, to extend the time to comply by 180 days and set March 24, 2020, as the new compliance date. Packet Pg. 117 6.B.5.a ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for imposition of Fines/Liens is DENIED. B. Respondents are granted a 180-day extension of time to comply. C. Respondents shall abate the violations on or before March 24, 2020, or a fine of S100.00 per day will be imposed for each day the violations remain thereafter. DONE AND ORDERED this day of Vetod 164"' , 2019 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7 day of �C�'�'� 2019, by Robert c Kaufman, Chair of the Code Enforcement Board of Collier County. Florida, who is P-' personally known to me or M who has produced a Florida Driver's License as identification. s Y pto v� EtENA M GONZk= r nR comm"Dn tl GG 307714 NOTARY PUBLIC �q� Expires ktar 4.2023'11v so — My commission expires: M N PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid at the Collier County Code c Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: e ti www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the c obligations of this Order may also be obtained at this location. to APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of W the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review VL) of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed d record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. E s CERTIFICATE OF SERVICE Q I HEREBY CERTIFY that a true and correct copy of this ORDER h s ben sent by U.S. Mail to Caryn M. McGrath, P O BOX 1985, Marco Island, FL 34146. this __ !? day of 2019. Code Enforcement Official Packet Pg. 118 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23302) DOC ID: 23302 CESD20190008029 Victor and Talleybrand CASE NO: CESD20190008029 OWNER: Claudel Victor and Altagrace Talleybrand OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Rear exterior door sealed without a valid Collier County permit. FOLIO NO: 62103040002 PROPERTY 5430 Hardee St, Naples, FL ADDRESS: Updated: 9/9/2022 8:47 AM by Helen Buchillon Page 1 Packet P9. 119 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20190008029 COLLIER COUNTY, FLORIDA, Plaintiff, vs. 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC 10 02.06(B)(1)(a) LOCATION OF VIOLATION: 5430 Hardee ST, Naples, FL SERVED: CLAUDEL VICTOR AND ALTAGRACE TALLEYBRAND, Respondent Joseph Mucha, 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 Buchil#on COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible. but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponlbles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor enten6miento con las comunicaciones de este evento. Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fie tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 120 INSTR 5792480 OR 5696 PG 3426 RECORDED 11/19/2019 1:12 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 6.B.6.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20190008029 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CLAUDEL VICTOR AND ALTAGRACE TALLEYBRAND, Respondents. THIS CAUSE came on for public ment Board (the "Board") on October 25, 2019, and the Board, having heard tes ' nder oath, receive 1 and heard argument respective to all appropriate matters, hereupon issues ids ngs of Fact, Conclusions o aw, nd Order of the Board as follows: 1. Respondents, CLAUDE VI L A E Rt ND, are the owners of the subject property (the "Property") n i'-rt 2. Respondents, having been I ed ofthe date of hearm ce 'fie 1 and posting, appeared at the public hearing. !C' Q 3. Prior to the hearing, Respon I s a ered into a Stipulation, i ' attached hereto as Exhibit "A". The Stipulation is adopted and into o this Order, ents are ordered to comply. 4. The Property located at 5430 Hardee 14, EllC o. 62103040002 (Legal Description: NAPLES MANOR ADD BLK 14 LOT 8) is in violation of Section 10.02.06(B)(1)(a), Collier County Land Development Code, in the following particulars: Rear exterior door sealed without a valid Collier County permit. 5, The violations have not been abated as of the date of this public hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 6. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 7. The preponderance of the evidence shows that violations of Section 10.02.06(B)(1 xa), Collier County Land Development Code, do exist, and that Respondents committed, and are responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Respondent is found guilty of violating Section 10.02.06(B)(I)(a), Collier County Land Development Code. Packet Pg. 121 OR 5696 PG 3427 6.B.6.a B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s), inspections, and Certificate of Completion/Occupancy for the above described modification to the rear exterior doorway on the Property on or before February 22, 2020, or a fine of $100.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order, Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of S59.21 on or before November 24, 2019. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this day of 2019 at Collier County, Florida. ENT BOARD Y: R e t Kau STATE OF FLORIDA ) 80 North Hors a rive p es; F orida 04 )SS: COUNTY OF COLLIER) The foregoing instrument was ack is d f V, , 2019, by Robert Kaufman, Chair o the o nforc ent o of ter uC4V , Florida, who is personally known to me or who has produced a ida ri cen as identification, 1723 X EXPW NO ARY P �f�OFM1 Bp11d�du PAYMENT OF FINES: Any fines ordered to be pat o this Order may be paid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: (239) 252-2440, Website: www.colliergov.net. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay the Board's Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to Claudel Victor and Altagrace Talleybrand, 5430 Hardee St, Naples, FL 34113, this � day of t••I C� kV*") pA(, 2019. 1, Crvsial K. I(L; l- Cleak 0 Courts in �0d for cbitier cowly Code orce nt tctal doh rpy that #file above 1nsLur*t is altue srad car►ect f h r -r.81 fat m Ilt r co nty, Flo,,d BY ante , uty Clerk Packet Pg. 122 *** OR 5696 PG 3428 *** 6.B.6.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida WS, Petitioner. vs. Case No. CESD20190008029 Claudel Victor and Altagrace Talleybrand Respondent(s), STIPULATION/AGREEMENT Before me, the undersigned, Claudel Victor and Altagrace Talleybrand, on behalf of t enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20190008029 dated the 171h day of July 2019. This agreement is subject to the approval of the Code Enforcement Board. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. v,K C, ,o In consideration of the disposition and re. oli of the matteru�1 in said Notice(s) of Violation for which a hearing is currently scheduled for Otto 5th 2019; to promoWeffiG'iency in the administration of the code enforcement process; and to obtain fa qy i Ln lops resolution of the matters outlined therein the parties hereto agree as follows: + 1 1) The violations noted in the re4rer uraie and I stipulate to their existence, and that I have been properly notifieH pu an o to i IS e 1 THEREFORE, it is agreed between a ' th�at�Respnd 1) Pay operational costs in the a of $59.21 incurr secution of this case within 30 days of this hearing. 2) Abate all violations by: (� Obtaining all required Collier Countfdi�� e"WON emolition Permit, inspections, and Certificate of Completion for the modificatithe rg—ar exterior doorway within 120 days 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 Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek If the violation is abated 24 hours pnor to a Saturday, Sunday or legal holiday, then the rotificatron must be made on the next day that is not a Saturday, Sunday er legal holiday ) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respon t or Representaf sign) Jo h Muc a, Supervisor fo ichael Ossorio, Director Code Enforcement Division Respondent or Representative print) Date jp- aDate REV 3-29-16 Packet Pg. 123 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.6.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. VICTOR, CLAUDEL ALTAGRACE TALLEYBRAND, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20190008029 BEFORE ME, the undersigned authority, personally appeared Jonathan Musse, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 25, 2019, 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 5696 PG 3426. 2. That the respondent did/did not contact the investigator. 3. That a re -inspection was performed on February 24th, 2020. 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, owner has not obtained a valid Collier County permit for the installation of the exterior rear door. FURTHER AFFIANT SAYETH NOT. DATED this 24th day of February, 2020. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Jo tha Musse e forcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of4 physical presence or _ online notarization, this _yday of February, 2020 2020 by Jonathan Musse ll�4X�1 / (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known J .,rage. HELENBUCHILLON Commission # GG 104629 N,c ��- Expires May 15, 2021 f:GP` bww nru 8VQW Notry S"Im Packet Pg. 124 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.6.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. VICTOR, CLAUDEL ALTAGRACE TALLEYBRAND, Defendant(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20190008029 BEFORE ME, the undersigned authority, personally appeared Joseph Mucha, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on October 25, 2019, 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 5696 PG 3426, et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on August 26th, 2022. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Permit PRBD20200308402 being finaled on August 26th, 2022. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of August, 2022. COLLIER COUNTY, FLORIDA CODE ENFORC MENT BOARD Josepyoucha Cod1V forcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means ofk physical presence or— online notarization, this 30 day of IDQg t , 20&by Joseph Mucha M (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) 20"AypUBI�, HELEN BUCHILLON Personally known * * Commission # HH 105119 9 0� Expires May 15, 2025 '. -1 BondedTtuuBudget Notary services Packet Pg. 125 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23304) DOC ID: 23304 CESD20200007975 Doyle and Berry CASE NO: CESD20200007975 OWNER: Jessica Doyle and Marc C Berry OFFICER: John Connetta VIOLATIONS: Florida Building Code 61 Edition (2017), Chapter 4, Section 454.2.17, and Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). A pool built without a permit and a barrier around it. FOLIO NO: 38160200000 PROPERTY 3180 63' St SW, Naples, FL ADDRESS: Updated: 9/9/2022 8:55 AM by Helen Buchillon Page 1 Packet Pg. 126 6.B.7.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20200007975 COLLIER COUNTY, FLORIDA, Plaintiff, vs. hl ey[y-11919 A4FT1• - p 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 454.2.17, 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 3180 63rd ST SW, Naples, FL SERVED: JESSICA DOYLE AND MARC C BERRY, Respondent John Connetta, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioms 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. Par favor traiga su propio traductor. AVETISMAN: Tout odisyon yo f8t an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 127 INSTR 6133218 OR 6017 PG 211 RECORDED 9/24/2021 3:31 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 6.B.7.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20200007975 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. Jessica Doyle and Marc C,' y, Respondents. THIS CAUSE came before the ��e \}3nforcement Board (the "Board") for public hearing on August 27, 202I, and the Board, having heard testimony oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Fittdiftgs Qf Fact, Conclusions of Law, and Order of the Board as follows: FIINDIN S OF FACT 1. Respondents, Jessica Doyle and Marc C. B jrr�, nl• the owners of the subject property (the "Property"). 2. Respondents, having been notified of the dated earn ` y certified mail and posting, had Marc Berry appear at the public hearing. i 3. The Property located at 3180 63rd St. SW, Naples, ft ?4(0 , Folio No. 39160200000 (Legal Description: GOLDEN GATE EST UNIT 30 N150FT OF TR 3 LESS�0 St4 PG 1211, LESS THAT PORTION DESC IN OR 3347 PG 481 AND 3347 PG 482) is in violation f )orida�J3uilding Cade 6th Edition (2017), Chapter 4, Section 454.2.17 and Sections 10.02.06(B)(1)(a) and 1U,02`06(B)(1)(e)(i), Ord, No. 04-41, as amended, Collier County Land Development Code, in the following p*rticArs, A pool being built without a permit and a barrier around it. �-/'/ 4. The violations have not been abated as of the date of this hearing.T . CONCLUSIONS OF LAW" Based upon the foregoing facts, the Board makes the following Conclusions of-LaW- :. 1. All notices were properly and timely issued, and the Board has jurisdiction pu sual to hapter 162. Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, F%64a. 2. The preponderance of the evidence shows that violations of Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17 and Sections 10.02.06(B)(1)(a) and 10.02,06(13)(1)(e)(i), Ord. No. 04-41, as amended, Collier County Land Development Code, do exist, and that Respondents committed, and were responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page I of 3 Packet Pg. 128 OR 6017 PG 212 6.B.7.a A. Respondents are found guilty of violating Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17 and Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i), Ord. No. 04-41, as amended, Collier County Land Development Code. B. Respondents must abate all violations by: 1) erecting an approved temporary pool barrier to avoid safety concerns within seven (7) days of this hearing or a fine of $250.00 per day will be imposed until the violation is abated; and 2) obtaining allieguired Collier County building permit(s) or demolition permit, inspections, and certificate of completlon/66 ancy for the pool and a permanent pool enclosure and/or protective barrier on or before December•2 02I,xor a fine of $150.00 per day will be imposed for each day the violations remain thereafter. f ] \ C. If Respondents fail- K..o comply with this Order, Collier County may abate the violations using any method to bring the violations. iti 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 Respondents. D. Respondents are ordered•to paa .1perational costs for the prosecution of this case in the amount of $59.28 on or before September 26, 20 E. Respondents shall notify Code E#iorce[ lent within 24 hours of abatement of the violations and request the investigator to perform a site inspecti4t&confirm compliance. DONE AND ORDERED this A daji 6ff w _.2021 at Collier County, Florida. CODE.E OARD ..... GO R CO Y ID� r STATE OF FLORIDA _ ,. crt Kaufman, COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means "X hys,ical Presence or ❑ online notarization, this T day of14 2021, by Robert Kau fmat , Cpdr ofythe Collier County Code Enforcement Board Collier County, Florida. X Personally Known OR ❑ Produced Identification Type of Identification Produced Signature of' o4ary Public -State of Florida =o,+* ;!u4� HELEN BUCHILLON �'— ComrNssion to HH 105119 Commissioned Expires May 15, 2025 ( t/ yfEOi FLOQ' ead*d Trio Bu"ft Ndwy smic" PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order may be paid Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Phone: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmati obligations of this Order may also be obtained at this location. of Notary Public al fltcfollier County Code (239 252.2440, Website: nn,bf the satisfaction of the APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. it is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. I, Crystal l( KniR Clerk of dlr rta , end for'.o"fer C-unty do hoeFby „c"fy ��t 1ha 4• •ro a,sirurr•;,nt is a tn:e 2 : terred maf fi cZ I er Counq, """ Clerk st„ DAP hf Page 2 of 3 Dot • Packet Pg. 129 *** OR 6017 PG 213 *** 6.B.7.a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Jessica Doyle and Marc C. Berry, 3180 63rd St. SW, Naples, FL 34105, on bE q , 2021. uLL L�,�. Code Enforcement Official Page 3 of 3 Packet Pg. 130 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.7.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Marc C. Berry and Jessica Doyle, Defendants AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20200007975 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 27, 2021, 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 4EQ12PG .A , et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on August 30, 2021. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in partial compliance by placing a temporary barrier around the pool. FURTHER AFFIANT SAYETH NOT. DATED this 30th day of August 2021. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or _ online notarization, this 30th day of August 2021 by Ryan Cathey (Signature of Notary Public) "Ay ►u�� HELEN BUCHILLON ' ' o Commission 8 HH 10511 g Expires May 15, 2025 (Print/Type/Stamp Commissioned Name of Notary Public) OFF1�P Bmw linBoost Nowryswo . Personally known � Packet Pg. 131 6.B.7.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Jessica Doyle and Marc C. berry, Defendants AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20200007975 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 27, 2021, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendants were to obtain all required Collier County building permit(s) or demolition permit, inspections, and certificate of completion/occupancy for the pool and a permanent pool enclosure and/or protective barrier as stated in the Order recorded in the public records of Collier County, Florida in OR Book 0-0 PG -AA. 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on December 28, 2021, 4. That the re -inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The pool permit is pending fees and there is no permit for a permanent enclosure or protective barrier. The temporary barrier does remain in place. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of December 2021. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Ryan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or _ online notarization, this 28th day of December 2021 by Ryan Cathey (Signature of Notary Public) rayau HELENBIICHILLON (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � r Comrr�"cm A HH 105119 ��. Expires May 15, 2025 'oaf 'Q B.W TWU B*1 N OWY SN+a+ 1 Packet Pg. 132 6.B.7.a COLLIER COUNTY CODE ENFORCEMENT CODE VNFORCEMENT BOARD Case No. — CESD20200007975 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. ,Jessica Doyle and Marc C. Berry, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on March 24, 2022, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows; FINDINGS OF FACT 1. On August 27, 2021, the Code Enforcement Board issued a Findings of Fact, Conclusions of Law and Order, recorded at OR BK 6017, PAGE 211. The Respondents, Jessica Doyle and Marc C. Berry, were found guilty of violating the Florida Building Code, 6th Edition (2017), Chapter 4, Section 454.2.17, and Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) of the Collier County Land Development Code, Ord. No. 04-41, `- as amended, on the subject property located at 3180 631d St. SW, NAPLES, FL 34105, Folio No. 38160200000 (Legal Description: GOLDEN GATE EST UNIT 30 N150FT OF TR 3 LESS OR 814 PG 1211, LESS THAT PORTION DESC IN OR 3347 PG 481 AND 3347 PG 482), hereinafter referred to as the "Property," in the following particulars: A pool being built without a permit and a barrier around it. 2. The violation has not been fully abated as of March 24, 2022, 3. Respondents, having been notified of the date of hearing by certified mail, posting and/or personal service, had Marc C. Berry appear at the public hearing who testified as to the Respondents' diligent efforts to pursue abatement of the violations and requested additional time to complete abatement. 4. All operational costs previously incurred by Petitioner in the prosecution of this case have been paid. 5. Operational costs in the amount of S59.42 have been incurred by Petitioner for this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law; 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. Respondents have demonstrated by the preponderance of the evidence that mitigating circumstances exist under Section 162.09(2), Florida Statutes, to allow additional time to come into full compliance. Page 1 of 2 Packet Pg. 133 6.B.7.a ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is DENIED. B. Respondents' Case is continued until the Board's May meeting on or about May 26, 2022. C. Fines shall continue to accrue against Respondent at the rate of S150.00 per day until fully abated. D. Operational costs incurred by the Petitioner in the amount of $59.42 are to be paid on or before April 23, 2022. DONE AND ORDERED this day of , 2022 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN , FLORIDfy STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me by means of physical Presence or ❑online notarization, this .__ day of I , 2022, by Robert Kaufman, C air of the Collier County Code Enforcement Board Collier County, Florida. Personally Known OR ❑ Produced Identification Type of Identification Produced HELEN BUCHILLON 2o0'arPu, Commission # HH 105119 N;� Expires May 15, 2025 fOF fj) SWed Trgu &opt NoN+y Servieea Signature of Notary Public - State of Florida Commissioned Name of Notary Public (Print/Type/Stamp) 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, Websitc: www.colliercount fl, ov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: Jessica Doyle and Marc C. Berry, 3180 63rd St. SW, NAPLES, FL 34105, on &ji `] , 2022. Code Enforcement Official Page 2 of 2 Packet Pg. 134 6.B.7.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20200007975 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. Jessica Dov is and Marc C. Berry, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on June 23, 2022, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FINDINGS OF FACT 1. On August 27, 2021, the Code Enforcement Board issued a Findings of Fact, Conclusions of Law, and Order. The Respondents, Jessica Doyle and Marc C. Berry, were found guilty of violating Florida Building Code 6th Edition (2017), Chapter 4, Section 454.2.17, and Collier County Land Development Code Ordinance No. 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06($)(1)(e)(i), on the subject property located at 3180 63rd St. `—' SW, Naples, FL 34105, Folio No. 38160200000 (Legal Description: GOLDEN GATE EST UNIT 30 N15OFT OF TR 3 LESS OR 814 PG 1211, LESS THAT PORTION DESC IN OR 3347 PG 481 AND 3347 PG 482), hereinafter referred to as the "Property," in the following particulars: A pool being built without a permit and a barrier around it. 2. The Board's written Order of August 27, 2021, ordered Respondents to abate the violations on or before December 25, 2021, or a fine of $150,00 per day would be assessed for each day the violation remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR 6017, PAGE 211, for more information). On March 24, 2022, the Code Enforcement Board Granted a Continuance until May 23, 2022. 3. Respondents, having been notified of the date of hearing by certified mail, posting and/or personal service, did have Marc Berry appear who testified as to the additional abatement efforts already completed and those being diligently pursued by Respondents. 4. Prior operational costs previously incurred by Petitioner in the prosecution of this case have been paid. 5. Operational costs in the amount of S59.56 have been incurred by Petitioner for this hearing. 6. The violation has not been fully abated as of the date of this hearing but based on Respondents' abatement efforts demonstrated thus far Petitioner has stipulated to a continuance of its Motion herein for a time certain. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162. Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. Pagel of 2 Packet Pg. 135 6.B.7.a 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that accrued fines and costs could now lawfully be imposed against Respondents, however, that in the best interests of administrative efficiency Respondents' abatement efforts to date warrant a continuance of Petitioner's Motion for a reasonable period of time for Respondents to complete his abatement efforts to come into full compliance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is CONTINUED for a period of sixty (60) days, which would otherwise be no sooner than the next regularly scheduled meeting of this Board on or about August 22, 2022. B. Daily fines of $150.00 per day shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this _OZ3 day of , 2022 at Collier County, Florida. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrume t was acknowledged before me by means of j0 physical Presence or ❑ online notarization, this Yday of�� , 2022, by Robert Kaufman, Chair of the Collier County Code Enforcement Board Collier County, Flo ida. APersonally Known OR ❑ Produced Identification Type of Identification Produced ' 01010 a HELEN BUCHILLON r, Commission 0 HH 105119 a# Expires May 15, 2025 �rEOf f l��' t b�Bd Tt. B*d Pktary 3-- Signature of Notary Public - State of Florida Commissioned Name of Notary Public (PrintiType/Stamp) 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, Website: www.colliercountyfl.go_v. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Cleric of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORD R has been sent by U.S. Mail to: Jessica Doyle and Marc C. Berry, 3180 63rd St. SW, Naples, FL 34105, on 202i Code Enforcement Official Page 2 of 2 Packet Pg. 136 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23305) DOC ID: 23305 CESD20190014719 Jaen CASE NO: CESD20190014719 OWNER: Ulysses Nabal Jaen OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Storage shed built without the required Collier County building permits, inspections, and certificate of completion. FOLIO NO: 38104720009 PROPERTY 2890 68' St SW, Naples, FL ADDRESS: Updated: 9/9/2022 9:01 AM by Helen Buchillon Page 1 Packet Pg. 137 6.B.8.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20190014719 COLLIER COUNTY, FLORIDA, Plaintiff, vs U.�, Y5SES NASAL JAEN, Respondent(s) 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit 10.02.06(6)(1)(a) and 10.02.06(B)(1)(e) LOCATION OF VIOLATION: 2890 68th ST SW, Naples, FL SERVED: ULYSSES NABAL JAEN, Respondent Ryan Cathey, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION: Esta audiencia sera conducida en el idioma Ingies. 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. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moue you fe tradiksyon. Si ou pa pale angle tanpri viru avek you intepret you pale you-ou. Packet Pg. 138 INSTR 5940302 OR 5831 PG 4000 RECORDED 10/19/2020 4:09 PM PAGES 3 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $27.00 6.B.8.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20190014719 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. Ulysses Nabal Jaen, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Cod o t (�` oard') for public hearing on September 24, 2020, and the Board, having heard testirr; oath, rece cc and heard argument respective to all appropriate matters, hereupon issues its�(fi , s of Fact, oath, and Order of the Board as follows: I . Respondent, Ulysses Nabp Jae , (# "Property"). 2. Respondent, having been i d f t d e f e by c i ed ail and posting, did not appear at the public hearing. s y 3. Prior to the hearing, Respo �� entered into a Stipul r' ,'J�iqtached hereto as Exhibit "A." The Stipulation is adopted and in ted into this Order, 1 is ordered to comply. 4. The Property at 2890 68TH 5�es, FL 3 Sp No. 38104720009 (Legal Description: GOLDEN GATE EST UNIT 29 I& (1S, iolation of Sections I0.02.06(B)(1)(a) and 10.02.06(B)(1)(e), Collier County Land =tie, in the following particulars: Storage shed built without the required Collier County building permits, inspections and certificate of completion. 5. The violations have not been abated as of the date of this hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. The preponderance of the evidence shows that violations of Sections 10.02.06(8)(1)(a) and 10.02,06(B)(1)(e), Collier County Land Development Code, do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page 1 of 2 Packet Pg. 139 OR 5831 PG 4001 6.B.8.a A. Respondent is found guilty of violating Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), Collier County Land Development Code. B. Respondent must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit, inspections, and Certificate of Completion/Occupancy for the un-permitted shed on or before December 23, 2020, or a fine of $100.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent fails to comply with this Order, Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent. D. Respondent is ordered to pay operational costs for the prosecution of this case in the amount of $59.28 on or before October 24, 2020. E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this -A�Eday of , 2020 at Collier County, Florida, RC ENT BOARD LORIDA STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acl l a' s o hysldaL resence or ❑ online notarization, this day of 0, by ert a an, air ! ollier County Code Enforcement Board Collier Coun ,Florida. - Personally Known OR ❑ Produced"' n ' tion Type of Identification Produced )�/� re of Notary Public - State of Florida Apy P?11' ��ll l 'j+R (R J( Commissi Commissioned Name of Notary Public � N Expires May 15, 2021 (Print/Type/Stamp) r4 s f 'kopr•o�' WOW Tnru&.aper"-rySWA06A 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, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and corre t cop of this ORDER has been sent by U.S. Mail to: Ulysses Nabal Jaen, 2890 68TH ST. SW, Naples, FL 341Q�t on 96> 2020. I, crpW K. Kmzd darol t 'tbw rot.: er C-unly do haarhy .atiry;:�l tha e.!Mii ,�tiurr .air is a true sr I coned ast—, Z�Z� copy of gi ' , 1F? 4�'4 cpunty, Fiaiia Code Enforcement Official deputy t;ledc Page 2 of 2 Packet Pg. 140 *** OR 5831 PG 4002 *** 6.B.8.a BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. ULYSSES NABALJAEN Respondent(s), �/ / Case No. CESD20190014719 STIPULATIONIAGREEMENT �Q_ nBefore me the undersigned,0 S , on behalf of ULYSSES NASAL JAEN, enters into this Stipulation and Agreement with Collier Coun as to the resolution of Notices of Violation in reference (case) number CESD20190014719 dated the 13th day of January, 2020. This agreement is subject to the approval of the Code Enforcement Board, If it is not approved, the case may be heard on the scheduled Hearing date, therefore_ it is strongly recommended that the respondent or representative attend the Hearing. R CCj\ In consideration of the disposition and a hearing is currently scheduled for code enforcement process; and to obt parties hereto agree as follows: 1) The violations noted in the refer and that I have been property noted I THEREFORE, it is agreed E> n of the matte dqtlined in said Notice(s) of Violation for which fiber 241h, 2020 ; to promote efficiency in the administration of the ;wick and -expeditious resolution of the matters outlined therein the and I stipulate to their existence, 1 // '" 1 ff 1) Pay operational costs in the t of $59.28 incurr ill tii f. secution of this case within 30 days of this hearing. L' 2) Abate all violations by: (D Obtaining all required Collier Couh�r �rmlt(s) or Demolition Permit, Inspections, and Certificate of Completion for the un-permltfed"shed within 90 days 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 Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holday.} 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 Office to enf rre the provisions of this agreement and all costs of abatement shall be assessed to the property owne . J 71 s ndent or Representative (sign) Eric Short, Supervisor ticAes TaL,;� ReS'poifident or esentative (print)- 0 cl 19a a Date for Mlchaei OSsonO, Director Code Enforcement Division Date REV 3-29-16 Packet Pg. 141 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 6.B.8.a COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, Ulysses Nabal Jaen, Defendant AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD20190014719 BEFORE ME, the undersigned authority, personally appeared Ryan Cathey, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being folly sworn, deposes and says: 1. That on September 24, 2020, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and staled that Defendant was to obtain all required Collier County building permit(s) or demolition permit, inspections, and certificate of completion/occupancy for the unpermitted shed as stated in the order recorded in the public records of Collier County, Florida in OR Book 6YLIPG ifs 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on December 28, 2020. 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 for the shed remains rejected. Owner is working on obtaining a variance. FURTHER AFFIANT SAYETH NOT. DATED this 29th day of December 2020. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD fyan Cathey Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of X physical presence or this 29th day of December 2020 by Ryan Cathey (Signature of Notary Public) o a- ?Ls,, HELEN BUCHILLON Commissien # GG 104629 Expires 1hy 15. 2021 9ard@d TRr4 964;0 NCW7 Serren3 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q r N�7Q F'- online notarization, Packet Pg. 142 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23306) DOC ID: 23306 CELU20200002226 Harlem CASE NO: CELU20200002226 OWNER: John D Harlem and Meghan K Harlem OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 4.06.051(D)(7). Synthetic turf installed on the property exceeding the allowable area of 30 percent of rear yard pervious area. FOLIO NO: 76360160009 PROPERTY 6091 Waxmyrtle Way, Naples, FL ADDRESS: Updated: 9/9/2022 9:11 AM by Helen Buchillon Page 1 Packet Pg. 143 6.B.9.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20200002226 COLLIER COUNTY, FLORIDA, Plaintiff, vs, 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Land Use - Generally 1.04.01(A) and 4.06.051(D)(7) LOCATION OF VIOLATION: 6091 Waxmyrtle WAY, Naples, FL SERVED: JOHN D HARLEM AND MEGHAN K HARLEM, Respondent Thomas Pitura, 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 Buchiilon COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo fit an angle. Nou pan gin moun you f& tradiksyon. Si ou pa pall angle tanpri vini avdk you int6pr(t you pall you-ou. Packet Pg. 144 INSTR 6044755 OR 5933 PG 2488 RECORDED 4/23/2021 1:32 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 6.B.9.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CELU20200002226 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. \. John D. Harlem and Megha,Narlem, Respondents. THIS CAUSE came before the ?6ae enforcement Board (the "Board") for public hearing on March 25, 202I, and the Board, having heard testimonnyy ifnder oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: F WDI G OF FACT 1. Respondents, John D. Harlem and Meglrhtt K.`Harlem, are the owners of the subject property (the "Property") fi d,. 2. Respondents, having been notified of the date ofh tit$ by certified mail and posting, had John D. Harlem appear at the public hearing. 3. The Property located at 6091 WAXMYRTLE WAY; Yaole,'.fL 34109, Folio No. 76360160009 (Legal Description: TALL PINES THAT PORT OF TR A DE CAS: S' OF N450FT OF TR A) is in violation of Collier County Land Development Code Ord. No. `D4-d , as amended, Sections 1.04,01(A) and 4.06.051(D)(7), in the following particulars: Synthetic turf Installed on the property exceeding the all owable area of 30 percent of rear yard pervious area. l � 4. The violations have not been abated as of the date of this hearing.; � ...1 CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of L sk.w. J >i 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to/Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County; Florida. 2. The preponderance of the evidence shows that violation of Collier County Land Development Code Ord. No. 04-41, as amended, Sections 1.04.01(A) and 4,06.051(D)(7), does exist, and that Respondents committed, and were responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article 1X, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page 1 of 2 Packet Pg. 145 *** OR 5933 PG 2489 *** 6.B.9.a A. Respondents are found guilty of violating Collier County Land Development Code Ord. No. 04-41, as amended, Sections 1.04.01(A) and 4.06.051(D)(7). B. Respondents must abate all violations by replacing all synthetic turf with Collier County approved grass/turf except in the rear yard area for recreation that is no greater than 30 percent of the rear yard pervious area on or before March 25, 2022, or a fine of S50.00 per day will be imposed for each day the violations remain thereafter. C. If Respondents fail to comply with this Order, Collier County may abate the violations using any method to bring the-viol#ons into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the ravi ns of this Order and all costs of abatement shall be assessed to Respondents. D. Respondents are�rc(er' d to pay operational costs for the prosecution of this case in the amount of $59.28 on or before April 24, 2 21, E. Respondents shall nVfyWde Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. � , I DONE AND ORDERED t9s' --day of PSI , 2021 at Collier County, Florida. .\ CODE FORCE ,BOAR COL IER COUNT FLO A BY: STATE OF FLORIDA c fman, a' COUNTY OF COLLIER The foregoing instrument was acknowledged before mei;fyv m� ea�.ns of 0 physical P �"e/nce or 0 online notarization, this ��day of A- f1�a� , 2021, by RobegIX- uf�iatr, Chair of the Collier County Code Enforcement Board Collier County, Florida. Personally Known OR El Produced Identification �► -ZL/t Type of identification Produced ` S,iadature of Notary Public - State of Florida 'i"Ay PUB�P HELEN BUCHILLON .t �r commissionN GG 104629 CoTfnissioned Name of Notary Public Expires My15,2021 (Print/Type/Stamp) ''/fFprlfryoa. Fanoprnr�G.do.tf+nury6ahras PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order r ay b4aid at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 3410"hone: ,(239) 252-2440, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or con atipn of the satisfaction of the obligations of this Order may also be obtained at this location. f` , APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Curt wlE�tip thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be lirrtitc to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to Q(ztain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay 0; s Order. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: John D. Hprlbrrri and Meghan K. Harlem, 6091 WAXMYRTLE WAY, Naples, FL 34109, on }CYILi� aZ 12021. 'tom f trWl• ' `� Code Enforcement tiicial '.,�;��'1,Crystalic,'Kinzef;Ctellc,ofCastsi�lat+d(vrCoderC�unly ]iearbyr L'tat>i�a c' . ra Lswmexd is a true a., 7 correct tide t r coon odds D4utyClerk -3 a Page 2 of Packet Pg. 146 6.B.9.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CELU20200002226 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. HARLEM, JOHN D & MEGHAN K, Defendant(s) STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Arthur Ford, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on March 25th, 2021, 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 as stated in the Order recorded in the public records of Collier County, Florida in OR Book CWPGgj1f? 2. That the respondent did not contact the investigator. 3. That a re -inspection was performed on March 29th 2022. 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 unchanged FURTHER AFFIANT SAYETH NOT. DATED this 29th day of March, 2022. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Arthur Ford ode Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means of x physical presence or this day of V-40r a f, 20.pby Arthur Ford (Signature of \otary Public) YF (Print/Type/Stamp Commissioned Name of Notary Public) Personally known v online notarization, HELEN BUCHILLON Commission # HH 105t19 Expires May 15, ZQZ5 Bonded nxv BudWHOWY Seniors Packet Pg. 147 6.B.9.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CELU20200002226 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. John D. Harlem and 13eghan K. Harlem, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Hoard (the "Board") for public hearing on June 23, 2022, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FINDINGS OF FACT I. On March 25, 2021, the Code Enforcement Board issued a Findings of Fact, Conclusions of Law, and Order. The Respondents, John D. Harlem and Meghan K. Harlem, were found guilty of violating Collier County Land Development Code, Ordinance No. 0441, as amended, Sections 1.04.01(A) and 4.06.05(DX7), on the subject property located at 6091 WAXMYRTLE WAY, Naples, FL 34109, Folio No. 76360160009 (Legal Description: TALL PINES THAT PORT OF TR A DESC AS:S90FT OF N45OFT OF TR A), hereinafter referred to as the "Property," in the following particulars: Synthetic turf installed on the property exceeding the allowable area of 30 percent of rear yard pervious area. 2. The Board's written Order of March 25, 2021, ordered Respondents to abate the violations on or before March 25, 2022, or a tine of $50.00 per day would be assessed for each day the violation remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR 5933, PAGE 2488, for more information). 3. Respondents, having been notified of the date of hearing by certified mail, posting and/or personal service, did have John D. Harlem appear who testified as to the additional abatement efforts already completed and those being diligently pursued by Respondents. 4. Prior operational costs previously incurred by Petitioner in the prosecution of this case in the amount of $59.28 have been paid. 5. Operational costs in the amount of $59.28 have been incurred by Petitioner for this hearing. 6. The violation has not been fully abated as of the date of this hearing but based on Respondents' abatement efforts demonstrated thus far Petitioner has stipulated to a continuance of its Motion herein for a time certain. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: L All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that accrued fines and costs could now lawfully be imposed against Respondents, however, that in the best interests of administrative Pagel of 2 Packet Pg. 148 6.B.9.a efficiency Respondents' abatement efforts to date warrant a continuance of Petitioner's Motion for a reasonable period of time for Respondents to complete his abatement efforts to come into full compliance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of Fines/Liens is CONTINUED for a period of ninety (90) days, which would otherwise be no sooner than the next regularly scheduled meeting of this Board on or about September 21, 2022. B. Daily fines of $50.00 per day shall continue to accrue until abatement has been confirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this oZ3 day of -50,�— STATE OF FLORIDA COUNTY OF COLLIER 2022 at Collier County, Florida. ENT BOARD , FLORIPA— The forgoing instrumen was acknowledged before me means,6t�C.pi�sict Presence or ❑ online notarization, this day of t� 2022, by Robert Kaufman, he Collier County Code Enforcement Board Collier County, Florida. Xersonally Known OR ❑ Produced Identification4 E��" Type of Identification Produced Signature of Notary Public - State of Florida o"'AyPi ,c HELENBUCHILLON tA-, Commission # HH 105119 Expires May 15.2025 FOP fr tiaace not Bug7et Notary Serriaa Commissioned Name of Notary Public (Print,Type/Stamp) 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, Website: www.colliercouniyfl.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: John D. Harlem and Meghan K. Harlem, 6091 WAXMYRTLE WAY. Naples, FL 34109. on 2022. Code Enforcement Official Page 2 of 2 Packet Pg. 149 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23309) DOC ID: 23309 CEPM20190009270 Purdy CASE NO: CEPM20190009270 OWNER: Keith G Purdy and Darlene Purdy OFFICER: John Johnson VIOLATIONS: Collier County Code of Laws and Ordinances, Section 22-236. An overhanging roof that is in a complete state of disrepair and is falling. FOLIO NO: 53353080009 PROPERTY 2965 Lunar St, Naples, FL ADDRESS: 6.B.10 Updated: 9/9/2022 9:57 AM by Helen Buchillon Page 1 Packet Pg. 150 6.B.10.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20190009270 COLLIER COUNTY, FLORIDA, Plaintiff, vs 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Repair/Demolition Hazardous Building CL 22-236 LOCATION OF VIOLATION: 2965 Lunar ST, Naples, FL SERVED: KEITH G PURDY AND DARLENE PURDY, Respondent John Johnson, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. NOTiFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the Iraduccion 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. Par favor traiga su propio Iraductor. AVETISMAN: Tout odisyon yo fet an angle. Nou pan gin moun you fe tradiksyon. Si ou pa pale angle tanpri vini avek you intepret you pale you-ou. Packet Pg. 151 INSTR 5853734 OR 5749 PG 3393 RECORDED 4/9/2020 9.33 AM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 6.B.10.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CEPM20190009270 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. KEITH G. PURDY AND DARLENE PURDY, Respondents. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came on for public hear t el e forcement Board (the `Board") on January 24, 2020, and the Board, having heard testim u d g nce and heard argument respective to all appropriate matters, hereupon issues its 0 r of Fact, Conclusx- , and Order of the Board as follows: 1. Respondents, KEITH G. 2. Respondents, having hearing. 3. The Property located at 2 KELLY UNIT 2 LOTS 95 County, Florida, in the foll f � not i of th d to f r1 I rr St, Naples, FL, 1 in violation of Secti An overhanging roof that is in a0 WOO 9"4f-1 "f_I� C I 4. The violations have not been abated as of the datc-of1 : 01er of the subject (the "Property"). nail hnd posting, appeared at the public v� fdis 80009 (Legal Description: LAKE of Laws and Ordinances of Collier ling. hearing. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: S. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article 1X, Code of Laws and Ordinances of Collier County, Florida. 6. The preponderance of the evidence shows that violations of Section 22-236, Code of Laws and Ordinances of Collier County, Florida, do exist, and that Respondents committed, and were responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Respondents are found guilty of violating Section 22-236, Code of Laws and Ordinances of Collier County, Florida. B. Respondents must abate all violations by obtaining all required Collier County Building Permit(s) or Demolition Permit(s), inspections, and Certificate(s) of Completion/Occupancy for the repair of the L 0 ti N M 0 0 0 rn r 0 N 2 IL w U rn 0 M M v 3 d 0 ti N rn 0 0 0 0 N 2 IL w V r c d E t V R .r Q Packet Pg. 152 *** OR 5749 PG 3394 *** 6.B.10.a overhanging roof or the removal of the same from the Property on or before March 24, 2020, or a fine of $250.00 per day will be imposed for each day the violations remain thereafter. C. If Respondents fail to comply with this Order, Petitioner may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondents. D. Respondents are ordered to pay operational costs for the prosecution of this case in the amount of $59.21 on or before February 23, 2020. E. Respondents shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a site inspection to confirm compliance. DONE AND ORDERED this ] (,) day of , 2020 at Collier County, Florida. CO ENT BOARD STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was this —la —day ofI Enforcement Board Collier Ct 4 Personally Known OR ❑ Type of Identification ProdL by Wr' �vP`e4+ HELENBLICCommission #Expires May 15, Bonded Thru Budget Notary PAYMENT OF FINES: Any fines ordere e "t>�ursum Enforcement Department, 2800 North Hors www.colliergov.net. Any release of lien or confirm n-ef obligations of this Order may also be obtained at this location. presence or ❑ online notarization, �r of the Collier County Code Notary Public - State of Florida 6 stoned Name of Notary Public Cl (Print/Type/Stamp) der may be paid at the Collier County Code 34104, Phone: (239) 252-2440, Website: or confirmation of the satisfaction of the APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to Keith G. Purdy and Darlene Purdy, 2965 Lunar St, Naples, FL 34112, this. of 020. C e Enforc t 0 �I .,`+ Cflbiill ... . 1, Cp'stel K. Kinzel, Clerk vJrt 'g\ Co my do hearty m 6ty that:tt&bavg �?�7 t\yy�I 'ait t7' ect mnvl the Mninal f IM in E�nIGa Y B rtA 1 . i Packet Pg. 153 6.B.10.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM20190009270 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. PURDY, KEITH G & DARLENE, Defendant(s) STATE OF FLORIDA COUNTY 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 January 24, 2020, 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 5749 PG 339, et. seq. 2. That the respondent did contact the investigator. 3. That a re -inspection was performed on August 28, 2022. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by the County's issuance of the Certificate of Completion for the demolition pen -nit.. FURTHER AFFIANT SAYETH NOT. DATED this 28th day of August, 2022. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD John .l4mson V Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me by means ofhysical presence or _online notarization, this � day of A�l3St' , 20�by John Johnson (Signature of Notary Public) o�rpr rue(,c HELEN BUCHILLON ' Commission 11 HH 105119 (Print/Type/Stamp Commissioned Name of Notary Public) �, Expires May 15.2025 1-10F FIQ 8WdWTtn&49dN*tWysW*" Personally known Packet Pg. 154 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23310) DOC ID: 23310 CESD20190012596 Vital CASE NO: CESD20190012596 OWNER: Dezilia Vital OFFICER: Joseph Mucha VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Renovations/alterations including, but not limited to, a new wall dividing the bathroom into two, new shower, and toilet. FOLIO NO: 77390000866 PROPERTY 13356 Covenant Rd, Naples, FL ADDRESS: Updated: 9/9/2022 10:04 AM by Helen Buchillon Page 1 Packet Pg. 155 6.B.11.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CES020190012596 COLLIER COUNTY, FLORIDA, Plaintiff, vs. DEZILIA VITAL, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINESILIENS 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: 09/22/2022 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit 10.02.06(6)(1)(a) and 10.02.06(B)(1)(e) LOCATION OF VIOLATION: 13356 Covenant RD, Naples, FL SERVED: DEZILIA VITAL, Respondent Joseph Mucha, 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 Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 13380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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. AVETISMAN: Tout odisyon yo f6t an angle. Nou pan gin moun you f� tradiksyon_ Si ou pa pal6 angld tanpri vini avdk you int(�pn�t you pal@ you-ou. Packet Pg. 156 INSTR 6151972 OR 6034 PG 3558 RECORDED 10/29/2021 2:11 PM PAGES 2 6.B.11.a CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20190012596 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. Dezilia Vital, Respondent THIS CAUSE came before the, C(6de nforcement Board (the `Board") for public hearing on August 27, 2021, and the Board, having heard testimony '&der oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Fittr#rftgs.of Fact, Conclusions of Law, and Order of the Board as follows f FiXf)I CGS OF FACT l Respondent, Dezdia Vital, is the owner of tlyestibJect property (the "Property") 2 Respondent, having been notified of the datffe'..i earn by certified mail and posting, did not appear at the public hearing 3 The Property located at 13356 Covenant Rd , NapIFL✓341 Folio No 77390000866 (Legal Description TRAIL RIDGE LOT 19) is in violation of Sections 10 6J$.)(1)(a) and 100206(B)(1)(e), Ord No 04- 41, as amended, Collier County Land Development Co e,,w thepllowing particulars Renovations/alterations including, but not limited to, a i*w,./ ividing the bathroom into two, new shower, and toilet. 4 The violations have not been abated as of the date of this hearing CONCLUSIONS OF LAW, r t Based upon the foregoing facts, the Board makes the following Conclusions of`Law 1 All notices were properly and timely issued, and the Board has Jurisdiction purtuasi Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida 2 The preponderance of the evidence shows that violations of Sectiong-`1160206(B)(1)(a) and 10 02 06(B)(1)(e), Ord No 04-41, as amended, Collier County Land Development Code, do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that A Respondent is found guilty of violating Sections 10 02 06(B)(1)(a) and 10 02 06(B)(1)(e), Ord No 04-41, as amended, Collier County Land Development Code Page I of 2 Packet Pg. 157 *** OR 6034 PG 3559 *** 6.B.11.a B. Respondent must abate all violations by obtaining all required Collier County building permit(s) or demolition permit, inspections, and certificate of completion/occupancy for the renovations/alterations including, but not limited to, a new wall dividing the bathroom into two, new shower, and toilet on or before October 26, 2021, or a fine of $150.00 per day will be imposed for each day the violations remain thereafter C 0 E If Respondent fails to comply with this Order, Collier County may abate the violations using any method to bring the violations into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order and all costs of abatement shall be assessed to Respondent Respond'erWs d ed to pay operational costs for the prosecution of this case in the amount of $59.28 on or before Septenr20, 2021 Respondent shall note Code Enforcement within 24 hours of abatement of the violations and request the investigator to pgxfe ra site inspection to confirm compliance DONE AND ORDIED this Pday of U , 2021 at Collier County, Florida DE ENFORCE NT BOARD COLLIER COUN , FLO&1119- :I . �. CRje STATE OF FLORIDA `' Ka air COUNTY OF COLLIER The foregoing instrument was acknowledged before e>?earis �physical Presence or ❑ online notarization, this day of 2021, by°Robe 9fman, Chair of the Collier County Code Enforcement Board Collier County, lorida Personally Known OR ❑ Produced Identification Type of Identification Produced Signature of Notary Public - State of Florida 1. HELEk BtICHILLON f `=� 6� . "''• 6,mmissioned Name of Notary Public w Commission # HH 105119 ^, g Expires May15,2025 � �� (PnntlType/Slamp) ,-OF FLa s&" nra Bl/AMMwary sw" 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 3410--Phone (239) 252-2440, Website www colliercountyfl ¢ov Any release of hen or confirmation of compliance o(cortf)mation of the satisfaction of the obligations of this Order may also be obtained at this location i APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Co rt within thirty (30) days of the execution of the Order appealed An appeal shall not be a hearing de novo, but sha be -hint ed to appellate review of the record created within the original hearing It is the responsibility of the appeafinjpartyitojobtain a transcribed record of the hearing from the Clerk of Courts Filing an appeal will not automatically stay this jJrder CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U S Mail to Dezilia Vital, 13356 Covenant Rd , Naples, FL 34114, on, � r�� 9 2021 ode Enforcement Official I, Crystal K Kinzel, Clerk of Cotrts i and IV Wa . County do i,eerby ertriY natthe abcte �r.strurn, bs a true ar i correct cop f t o vn* n Wheroun1Y Cfi 8Y - �1c1 Oe" Clark Dale Page 2 of 2 Packet Pg. 158 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23311) DOC ID: 23311 CESD20210007671 CARLISLE WILSON PLAZA LLC CASE NO: CESD20210007671 OWNER: CARLISLE WILSON PLAZA LLC OFFICER: Joseph Marino VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 4.06.05(K)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Removed required landscape islands and canopy trees from the parking lot without obtaining required Collier County permits or an approved insubstantial change to the Site Development Plan. FOLIO NO: 37221120305 PROPERTY 70 Golden Gate Blvd E, Naples, FL ADDRESS: 6.B.12 Updated: 9/9/2022 10:44 AM by Helen Buchillon Page 1 Packet Pg. 159 6.B.12.a CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20210007671 COLLIER COUNTY, FLORIDA, Plaintiff, Vs CARLISLE WILSON PLAZA LLC, Respondent(s) 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 Q following date, time, and place for the violation below: V r ti DATE: 09/22/2022 ti 0 0 TIME: 09:00 AM N O PLACE: 3299 Tamiami Trail East Building F, Naples, FL 34112 N 0 to VIOLATION: CO Required ATF Permits 4.06.05(K)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) v and 10.02.06(B)(1)(e)(i) r r LOCATION OF VIOLATION: 70 Golden Gate Blvd E, Naples, FL c` i N SERVED: CARLISLE WILSON PLAZA LLC, Respondent U Joseph Marino, 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. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 forth Horseshoe Drive Naples, Florida 34104 (239) 252-2998 Telephone Anyone who requires an auxiliary aid or service for effective communication, or other reasonable accommodations to participate in this proceeding, should contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail E., Suite 101, Naples, Florida 34112, or (239) 252- 8380, as soon as possible, but no later than 48 hours before the scheduled event. Such reasonable accommodations will be provided at no cost to the individual. 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, AVETISMAN: Tout odisyon yo fdt an angle. Nou pan gin moun you fd tradiksyon. Si ou pa pall angh+ tanpri vini aw�k you in ftrdt you pale you-ou. Packet Pg. 160 6.B.12.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20210007671 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARLISLE/WILSON PLAZA, LLC, Respondent. ORDER OF THE CODE ENFORCEMENT BOARD THIS CAUSE came before the Code Enforcement Board (the "Board") for public hearing on July 28, 2022, upon the Petitioner's Motion for Imposition of Fines/Liens, and the Board, having heard testimony under oath, received evidence and heard argument respective to all appropriate matters, hereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board as follows: FINDINGS OF FACT 1. On March 24, 2022, the Code Enforcement Board issued a Findings of Fact, Conclusions of Law, and Order. The Respondent, was found guilty of violating Collier County Land Development Code 04-41, as amended, CO) Sections 4.06.05(K)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02A6(B)(I)(e)(i), on the subject property located at 70 GOLDEN GATE BLVD. E, Naples, FL 34120, Folio No. 37221120305 (Legal V Description: GOLDEN GATE EST UNIT 13 THAT PORTION OF TR 17 AND W 1 /2 OF TR 18 AS DESC J IN OR 4520 PG 255), hereinafter referred to as the "Property," in the following particulars: -1 Removed required landscape islands and canopy trees from the parking lot without obtaining required Collier County permits or an approved insubstantial change to the Site Development Plan. 2. The Board's written Order above ordered Respondent to abate the violations on or before .Tune 22, 2022, or a fine of $1,000.00 per day would be assessed for each day the violation remained thereafter until abatement was confirmed. (A copy of the Order is recorded at OR 6110, PAGE 3943, for more information). 3. Respondent, having been notified of the date of hearing by certified mail, posting and/or personal service, did have Greg Carlisle, its Manager, appear who testified as to the additional abatement efforts already completed and those being diligently pursued by Respondent. 4. Operational costs in the amount of S59.28 have been incurred by Petitioner for this hearing. 5. The violation has not been fully abated as of the date of this hearing, but based on Respondent's abatement efforts demonstrated thus far Petitioner has stipulated to a continuance of its Motion herein for a time certain. CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of Law: 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant to Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida. 2. Pursuant to Section 162.09, Florida Statutes, Petitioner has demonstrated by the preponderance of the evidence that accrued fines and costs could now lawfully be imposed against Respondent, however, that in Page I of 2 Packet Pg. 161 6.B.12.a the best interests of administrative efficiency Respondents' abatement efforts to date warrant a continuance of Petitioner's Motion for a reasonable period of time for Respondent to complete his abatement efforts to come into full compliance. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: A. Petitioner's Motion for Imposition of FinesfLiens is CONTiNUFT) to September 11, 2022. B. Daily fines of S1,000.00 per day shall continue to accrue until abatement has been conlirmed by a Collier County Code Enforcement Investigator. DONE AND ORDERED this iW day of , 2022 at Collier County, Florida. STATE OF FLORIDA COUNTY OF COLLIER CODE ENFORCEMENT BOARD Chair The foregoing ins mcnt was acknowledged before me by means of gphysical Presence or ❑ online notarization, this .yday of t 2022, by Robert Kaufman, Chair of the Collier County Code Enforcement Board Collier County, orida. ,Personally Known OR ❑ Produced Identification Type of Identification Produced �o�Of °VIac HELEN Bt1CHILLON Commission # HH 105119 erg} Expires WY M 2025 171OF F 6U 8C116C, rlvu ttL 7 OF F Signature of Notary Public - State of Florida Commissioned Name of Notary Public (PrinVType/Stamp) 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, Websitc: www.colliercoune.gov. Any release of lien or confirmation of compliance or confirmation of the satisfaction of the obligations of this Order may also be obtained at this location. APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de nova, but shall be limited to appellate review of the record created within the original hearing. It is the responsibility of the appealing party to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE. OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: CARLISLEIWILSON PLAZA, LLC, % JOHN P. WHITE, P.A„ 1575 PINE RIDGE RD. STE. 10, NAPLES, FL 34109, on 12022. lid.k— ?:::� Code Enforcement Official Page 2 of 2 Packet Pg. 162 INSTR 6234410 OR 6110 PG 3943 RECORDED 4/11/2022 2:49 PM PAGES 2 CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC $18.50 6.B.12.a COLLIER COUNTY CODE ENFORCEMENT CODE ENFORCEMENT BOARD Case No. — CESD20210007671 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, VS. CARLISLE/WILSON PLAZ , LL- , Respondent. `::; / �� THIS CAUSE came before the Wde Fnforcement Board (the "Board") for public hearing on March 24, 04 2022, and the Board, having heard testirhoi)y under oath, received evidence and heard argument respective to all U) appropriate matters, hereupon issues its Find1bgs:;of Fact, Conclusions of Law, and Order of the Board as follows: W ftNbIPF6S OF FACT 1. Respondent, CARLISLE/WILSON PLAZ� L�C, is the owner of the subject property (the "Property"). 04 4f� ' . 2. Respondent, having been notified of the date:: ea -/ by certified mail and posting, did not appear at the J public hearing.'' J � 3. The Property located at 70 Golden Gate Blvd Ndpi�l ` FL 34120, Folio No. 37221120305 (Legal Description: N Q GOLDEN GATE EST UNIT 13 THAT PO ON. OF TR 17 AND W 1/2 OF TR 18 AS DESC d IN OR 4520 PG 255) is in violation of Collier County Land Deve�pment Code Ord. No. 04-41, as amended, Z Sections 4.06.05(k)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)e and;. 10.02.06(B)(1)(e)(i), in the following O particulars: o' ,/ f to J Removed required landscape islands and canopy trees front taIrking lot without obtaining required �' Collier County permits or an approved insubstantial change to the Site,Development Plan. J to 4. The violations have not been abated as of the date of this hearing. J CONCLUSIONS OF LAW Based upon the foregoing facts, the Board makes the following Conclusions of LaW: .1 to 1. All notices were properly and timely issued, and the Board has jurisdiction pursuant tZ3pter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier Courl , Florida. o o 2. The preponderance of the evidence shows that violations of Collier County Land Development Code Ord. No. 04-41, as amended, Sections 4.06.05(k)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(I)(e)(i), do exist, and that Respondent committed, and was responsible for maintaining or allowing the violations to continue as of the date of this hearing. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Chapter 2, Article IX, Code of Laws and Ordinances of Collier County, Florida, it is hereby ORDERED that: Page 1 of 2 Packet Pg. 163 *** OR 6110 PG 3944 *** 6.B.12.a A. Respondent is found guilty of violating Collier County Land Development Code Ord. No. 04-41, as amended, Sections 4.06.05(k)(2), 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). B. Respondent must abate all violations by obtaining all building permit(s), Demolition Permit, inspections, and Certificates of Completion/Occupancy to replace all required terminal landscape islands with trees/vegetation bordering all rows of parking as noted on the approved landscape plan OR obtain an approved insubstantial change to the Site Development Plan on or before June 22, 2022, or a fine of $1,000.00 per day will be imposed for each day the violations remain thereafter. C. If Respondent Oils to comply with this Order, Collier County may abate the violations using any method to bring the`,Volattiv ` into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the pr signs of this Order and all costs of abatement shall be assessed to Respondent. r D. Respondent is oi+dere o;pay operational costs for the prosecution of this case in the amount of $59.28 on or before April 23 E. Respondent shall notify Code Enforcement within 24 hours of abatement of the violations and request the investigator to perform a. site in ection to confirm compliance. DONE AND ORDERED thr _day of , 2022 at Collier County, Florida. K .1 CODE ENT BOARD C LIER CO , FLORIDA_ STATE OF FLORIDA /$bb rt KgAfKan. rr COUNTY OF COLLIER~ The foregoing instrument was acknowledged before me 5 a 5', f19physical Presence or ❑ online notarization, this day of 12022, by Robert !.auftriac',Chair of the Collier County Code Enforcement Board Collier County, Florida. /f Personally Known OR El Produced Identification Type of Identification Produced Signature of Notary Public - State of Florida ,VAY"Usi HELENBUCHILLON /r) ' ° Commission# HH 105119 o missioned Name of Notary Public N d Expires May 15, 2025 %' (Fnnt/Type/Stamp) IT OF Borde4 TNu Budget Nab" Sa wU � S �T ` PAYMENT OF FINES: Any fines ordered to be paid pursuant to this Order irle.I�milt at the Collier County Code Enforcement Department, 2800 North Horseshoe Drive, Naples, FL 34104, Pj`one 239) 252-2440, Website: www.colliercountyfl.gov. Any release of lien or confirmation of compliance or confrin on -of the satisfaction of the obligations of this Order may also be obtained at this location. P 3 APPEAL: Any aggrieved party may appeal a final order of the Board to the Circuit Court wittpi'n.thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited-4e appellate review of the record created within the original hearing. It is the responsibility of the appealing par{ to obtain a transcribed record of the hearing from the Clerk of Courts. Filing an appeal will not automatically stay this Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U.S. Mail to: CARLI,ItE/ i SON PLAZA, LLC, c/o JOHN WHITE, P A, 1575 PINE RIDGE RD. STE, 10, Naples, FL 34109, on 2022. I, Crystal IC iGnzel AJetk°r its inaridprdCer:unty dDnearby hs'�1}heavr'' lr turn' trueer�rarract Code Enforcement Official Copy X a Ni ©Y` Cierir Pagc 2 of 2 r M M Packet Pg. 164 6.B.12.a COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. CARLISLE WILSON PLAZA LLC % JOHN P WHITE P A, Defendants) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO. CESD2021000767 BEFORE ME, the undersigned authority, personally appeared Adam Collier, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: . That on February 24, 2022, 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 6110 PG 3943 &t. 3944. 2. That the respondent did/did not contact the investigator. Did not 3. That a re -inspection was performed on [June 23rd- 2022]. 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 [23`d] day of [June], 2022. COLLIER COUNTY, FLORIDA CODE NFORCEMENT BOARD Adam Collier Code Enforcement Official STATE OF FLORtDA COUNTY OF COLLIER Swore I. affimled) and subscribed before ie by ineans of +, physical presence or _ online notarization, this dday of .� G'J} % , 20,s Adapt Collier (Signature of Notary Public) tMY. M (Printgype/stamp Catnmi : `li �t13clutf ttTT hu ��QN # GG 318"3 Public) �= EXPIRES: June 0, 2023 �,,,-J'' r] biC Umerwntsrs Personally known J r r M M N Packet Pg. 165 Code Enforcement Meeting: 09/22/22 09:00 AM Department: Code Enforcement Board and Special Magistrate Category: Code Enforcement Meeting Item Prepared By: Helen Buchillon SCHEDULED Initiator: Michael Ossorio Sponsors: CODE ENFORCEMENT ACTION ITEM (ID # 23226) DOC ID: 23226 Code Enforcement Board Workshop -Rules and Regulations CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: PROPERTY ADDRESS: Updated: 9/l/2022 10:56 AM by Helen Buchillon Page 1 Packet Pg. 166 14.1.a COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice -Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice -Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice -Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Packet Pg. 167 14.1.a Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1) year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice *Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice -Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board, in the Collier County Commission Chambers or public venue as available. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance of the meeting. At any meeting, the Board may set a future meeting date. Section 5. Attendance. a. Members shall notify the Chair or Secretary to the Board if they cannot attend a meeting. b. If a member misses two (2) successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. C. Attendance shall be in person and may not occur through any form of electronic medium. Section 6. ' Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Packet Pg. 168 14.1.a Section 7. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). ARTICLE VI Order of Business 1. Pledge of Allegiance 2. Roll Call o 3. Approval of Agenda N o 4. Approval of Minutes 5. Public Hearings/Motions �a 0 m A. Motions r c E B. Stipulations (Non Contested Cases who are present at the hearing) P L C. Hearings 0 c w a. Contested Cases by Respondents who are present at the hearing b. Cases of Respondent not present at the hearing 0 D. Motion for Reduction/Abatement of Fines/Liens N E. Motion for Imposition of Fines/Liens M N Go 6. Old BusinessLn v N 7. New Business >� 8. Consent Agenda c 0 A. Request to Forward Cases to County Attorney's Office 9. Reports 10. Comments N 11. Next Meeting Date as 12. Adjourn m v The order of business may be suspended by a vote of the majority of those members present. a 3 Packet Pg. 169 14.1.a ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in. any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (10) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor of the Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. 1 The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet of information detailing the alleged violation(s) to the Secretary of the Board at least? fifteen (15) business days prior to the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines 'set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. Revised 3/23/17 4 Packet Pg. 170 14.1.a ARTICLE VIII Prehearing Procedures Section 1. Pre -hearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. C. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will be observed at hearings before the Board: a. In a non -contested case the only evidence heard shall be the statement of the violation and any stipulated agreement, unless additional information is requested from the Board. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. Revised 3/23/17 5 Packet Pg. 171 14.1.a C. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name. The Board may ask for the mailing address and physical residence. e. If the Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent may submit a notarized letter to the Chair of the Board granting that individual permission to represent him/her at the hearing. The individual must also testify at the hearing, under oath, to represent the Respondent and capacity of their representation. f. Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she may notify the Board Secretary prior to the scheduled hearing. The Board shall determine if additional time shall be allowed. g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion of the Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary. 1. The right of the parties to present rebuttal evidence is discretionary with the Board M. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred, it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred, the charges shall be dismissed. o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Revised 3/23/17 Packet Pg. 172 14.1.a Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten (10) days. P. In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Board shall notify the County Manager, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. S. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. Revised 3/23/17 7 Packet Pg. 173 14.1.a ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines may be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abated, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Secretary to the Board a copy of the Motion for Reduction/Abatement of Fines, attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated and all operational costs and County Abatement costs, if applicable, have been_paid or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2.' Upon proper filing of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Board may consider the following factors; (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared 'to the amount of fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4 The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. Section 5. ' The Board will not re -hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Revised 3/23/17 8 Packet Pg. 174 14.1.a Section 6. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved parry may appeal a final order to the Circuit Court within (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section L . After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator shall make a re -inspection to determine compliance or non-compliance with the Order of the Board. Section 2. - The Code Enforcement Investigator shall file an Affidavit of Compliance or Non -Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon Motion for Imposition of Fines being filed by the County, the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for Abatement/Reduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance, the amount of daily fines and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for Abatement/Reduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In determining the amount of the fines, if any, the Board shall consider the following factors; (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/vioIator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the violation(s) has/have not been abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if Revised 3/23/17 Packet Pg. 175 14.1.a daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order may be enforced in the same manner as a court judgment by the sheriff's of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid, the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy of an Order of Imposition of Fine/Lien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. ARTICLE XII Miscellaneous Section 1. These Rules and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected parry. Revised 3/23/17 10 Packet Pg. 176 14.1.a Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this f� day of , 2018. COLLIER COUNTY CODE ENFORCEMENT BOARD Kathleen Elrod, Alternate Revised 3/23/17 11 -bert C. As Packet Pg. 177