CEB Backup 08/27/2009
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA
AGENDA
Date: August 27, 2009, at 9:00 a.m.
Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI
34112.
NOTICE: THE RESPONDENT MAYBE LIMITIED 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 ODER 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.
1. ROLL CALL
2. APPROVAL OF AGENDA
3. APPROVAL OF MINUTES-
A. July 23, 2009 Hearing
4. PUBLIC HEARINGSIMOTIONS
A. MOTIONS
B. STIPULATIONS
C. HEARINGS
1. BCC vs. Platinum Coast Financial Corp.
K BCC vs. Bruce G. Wood as Tr. of Bruce G. Wood Revocable Tr.
3. BCC vs. David E. Horton
';;( BCC vs. Gabino Medina
1(. BCC VS. Fabian Hernandez
CEB NO. CESD20080005688
CEB NO. CESD20080003740
CEB NO. CESD2008001l966
CEB NO. CESD20080016167
CEB NO. CESD20090004113
5. OLD BUSINESS
A. Motion for Imposition of Fines/Liens
I. BCC vs. Ivan & Majorie Bloom & Charles T. Kennedy
2. BCC vs. AMG Properties, Inc.
3. BCC vs. Mark Goodman
4. BCC vs. Joseph Ferio Francois
5. BCC vs. Klemco LLC.
6. BCC vs. Klemco LLC.
7. BCC vs. Empire Developers Group, LLC.
CEB NO. CESD20080011995
CEB NO. 2007090454
CEB NO. CESD20080006858
CEB NO. 2006-52
CEB NO. CESD20090002071
CEB NO. CESD20090002075
CEB NO. CESD20080014496
B. Motion for Reduction of Fines/Liens
I. James C & Sherry Marshall
CEB NO. 2004-72
6. NEW BUSINESS
7. CONSENT AGENDA
A. Motion for Imposition of Fines /Liens
B. Request to Forward Cases to County Attorney's Office
8. REPORTS
9. COMMENTS
10. NEXT MEETING DATE - September 24, 2009
11. ADJOURN
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Platinum Coast Financial Corp, Respondent
Pamela Pass or Laura Miceli, Registered Agent
DEPT No. CESD20080005688
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2-3
4-6
7-12
13
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080005688
vs.
PLATINUM COAST FINANCIAL CORP, Respondent(s)
Pamela Pass or Laura Miceli, Registered Agent
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
CO Required ATF Permits10.02.06(B)(1)(e)(i)
LOCATION OF VIOLATION: 11150 Tamiami TRL E Naples, FL
SERVED:
Platinum Coast Financial Corp., Respondent
Pamela Pass or Laura Miceli, Registered Agent
Azure Sorrels, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3.Q17 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the trad~ion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las
2.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOA..lill OF COUNTY COMIvITSSIONERS, PetitiooeF~ '~'."-
vs.
DEPT CASE NO. CESD20080005688
Platinum Coast Financial Corp., Respondent(s)
Pamela Pass or Laurel Miceli, as Registered Agent for Respondent(s)
STATEMENT OF VIOLATION AND
REQUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public healing before the Collier County Code Enforcement Board., for the following reasons:
1. Violation ofOrdinance(s) Collier County Laws, Chapter 22 Article II Section 22-26(b)(l04.1.3.5).
Florida Building Code 2004 Edition, Chapter 1 Section 105.1. Collier County Land Development
Code, 2004-41, as amended, section(s) 10.02.06(B)(I)(e), 10.02.06(B)(l)(e)(i), and
10.02.06(B)(l)(a).
2. Description of Violation: Electrical conduit, wiring, and outlets have been added to, installed.,
replaced, and removed throughout structure. Plumbing has been added to for the addition of sinks
and toilets. Partition walls have been demolished and rebuilt. A bar and stage have been built and a
loft has been demolished. All the above mentioned construction has been started and/or completed
without fIrst obtaining all required Collier County building permits.
3. Location/address where violation exists: 11150 Tamiami Trail East Naples, FI 34113. Folio
439000008
4. Name and address of owner/person in charge of violation location: Platinum Coast FinanciaL-Corp.
located at 961 Trail Terrace Dr. Naples, FI 34103
5. Date violation fIrst observed: April 24th, 2008
6. Date owner/person in charge given Notice of Violation: March 6th, 2009
7. Date onlby which violation to be corrected: April 7th, 2009
8. Date ofre-inspection: April 8th, 2009
9. Results of Re-inspection: Violation remains.
STATE OF FLORlDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier Co ty Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Boar fo a public hearing.
Dated this 8th dav of July, 2009
-i "'C.::.--
Azure Sorrels
G6de Enforcement Investigator
STATE OF FLORlDA
COUNTY OF COLLIER
July. 2009 by Azure Sorrels
REV 3-3-05
NOTARY PUBUc. SlATE Or YLUlillJA
:''ij'\ Delicia Pulse
~_ } Co~ssion # DD629723
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f\O:~lF.D THRU A ,UNTfe BONDiNG CO., iNC.
&
REV 3-3-05
(Signature of Notary Public)
Personally known ~ced identification_
Type of identification produced
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(Print/Type/Stamp Commissioned
Name of Notary Public)
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3
Case Number: CESD200S00056S8
Date: March 04, 2009
Investigator. Azure Sorrels
Phone: 252-2455
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: Platinum Coast Financial Corp.
961 Trail Terrace Dr.
NAPLES, FL 34103-2329
Registered Agent: Laurel Miceli or Pamela Pass
Location: 11150 Tamiami TRL E Naples, FL
Unincorporated Collier County
Zoning Dist: PUD
Property Legal Description: 295026 FROM NELY COR OF BLK D UNIT 1 MYRTLE COVE AC, RUN N 39 DEG W FOR 247.15FT
ALG A L1150FT MEAS ON A PERP FROM
Folio: 439000008
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, 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: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and
Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section
22-26(b)(104.1.3.5)
Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1
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 1 0.02.06(B)(1 )(e)
Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
Submittal Requirements for Permits. BuifCi(ng or Land Alteration Permits.lmprovemenfof prOperty proni6ifed prior to-
issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 1 0.02.06(B)(1 )(e)(i)
A building permit (Dr other written site specific wDrk authDrization such as for excavatiDn, tree removal, well construction, approved site
development plan, filling, re-vegetation, etc.) shall have been issued prior to the CDmmencement of work at the site. Activities prohibited
prior to permit issuance shall include, but are nDt limited to, excavation, pile driving (excluding test piling), well drilling, formwDrk,
placement Df building materials, equipment Dr accessory structures and disturbance or remDval of protected species or habitat. Where
minor clearing of underbrush can be accomplished withDut protected habitat Dr species disturbance, permitting is not required.:
Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy
of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done,
shall first make application to the building official and obtain the required permit.:
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 tD
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:
1. 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).:
L/
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S).
Did Witness: ElectricaLconduit, wiring, and outlets have been added to, installe~r:repl~~.~E!.a~~p~I"T).c;>y.~~:th.r2~_gh
out structure. Plumbing has been added to for the addition of sinks and toilets. Partition walls have been .
demolished and rebuilt. A bar and stage have been built and a loft has been demolished. All the above mentioned
construction has been started and/or completed without first obtaining all required Collier County building
permits.
ORDER TO CORRECT VIOLA TION(S):
You are directed by this Notice to take the following corrective action(s):
Must apply for and obtain all permits required for described structurefimprovements: AND / OR !\II ust rernov~e" -"-
said structurefimprovements, including materials from property and restore to a permitted state.
Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required
for described structure/improvements AND / OR Must remove said structurefimprovements, including materials
from property and restore to a permitted state.
Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required
for described structurefimprovements: 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.
Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required
for described structurefimprovements. Must also request or cause inspection through and including certificate of
occupancy/completion. AND f OR Must requestlcause required inspections to be performed and obtain a
certificate of occupancy/completion.
Must requestlcause required inspections to be performed and obtain a certificate of occupancy/completion AND f
OR Must demolish described improvements/structure and remove from property.
ON OR BEFORE: 04/07/2009
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.
L~~
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239252-2440 FAX: 239 252-2343
Signature and Title of Recipient
Printed Name of Recipient
March 4th, 2009
Date -..-
5
rn
.:r
r-1
...Il
LIl"
CJ
I:Q
CJ
Postage $
Certified Fee
r-1
CJ Return Receipt Fee
CJ (Endorsement Required)
CJ
Postmark
Here
Restricted Delivery Fee
CJ (Endorsement Reouired)
~ Total Platinum Coastal FinanciafCbtp
r-1 " 961 Trail Terrace Dr. ~
Sent Ti
:; Naples, FL 34103-2329 _m
CJ Street,
!"- or PO
~
II Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
II Print your name and address on the reverse
so that we can return the card to you.
.. Attach this card to-the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
)1
B. Rec . ed by ( Printed Name)
D. Is delivery address different from item 1?
If VES, enter delivery address below:
HEC~(\I~~
PTaffnum Coastal Financial Corp
961 Trail Terrace Dr.
Naples,FL 34163-2319
MAR 1 2 '7009
Case: CESD20080005688
3. ~. ice Type"
" Certified Mail
eglstered
o Insured Mail
o Express Mail
o Return Receipt for Merchandi:
o C.O.D.
, 2. Article NumbAI'
7007 1490 0001 0805
, FebruarY 2004 Domestic Return Receipt
DVes
102595-02-M-H
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Sec. 22-26. Adoption and amendment of the Florida Building Code.
(a)
Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition
(FBC), to be enforced by Collier County in the unincorporated portions of the County.
Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby
:,.amended, as follows: ;'" .:_.~ ,"
(b)
~
Section 104. 1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," isa new
section which will read as follows:
104.1.3.5. A building permit (or other written site specific work authorization such
as for excavation, tree removal, well construction, approved site development plan,
filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at
the site. Activities prohibited prior to permit issuance shall include, but are not limited to,
"excavation, pile driving (excluding test piling), well drilling, formwork, placement of
building materials, equipment or accessory structures and disturbance or removal of
protected species or habitat. Where minor clearing of underbrush can be accomplished
without protected habitat or species disturbance, permitting is not required.
Where test piles are required to establish bearing capacity for design purposes
of a project, prior to the issuance of a building permit, a test pile permit shall be obtained
before any piles are driven. All test pilings must be driven within the footprint of the
building and applicable fees shall be charged for the permit. At the time of applying for
the test piling permit the contractor shall provide, a bond, letter of credit or certified
check equal to 125% of the estimated cost of removing the test piling and grading the
site back to the condition it was in prior to the test piling in the event construction does
not commence. If the project does not proceed and the test piles need to be removed,
then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the
test piles are only allowed to remain exposed for a maximum of six (6) months.
8
10.02.00 APPLlCA110N RE(JUiREMENTS
Page 1 01 j
10.02.06 Submittal Requirements for. Permits
A. Generally. Any permit submitted to the County
particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or development
requires state or federal development orders or permits prior to use or
development, such development orders or permits must be secured from state
or federal agencies prior to commencement of any construction and/or
development, including any changes in land configuration and land preparation.
-::.. :::~-r~"~' .::j~ _~':J,.:~';'.:' '.' _
must meet the requirements for that
b. Deve!opmentof regional impact. Where a proposed use or development is a
development of regional impact (DRI), it shall meet all of the requirements of F.S.
ch. 380, as amended, prior to the issuance of any required county development
orders or permits and commencement of construction or development.
Submission of the application for development approval (ADA) for a DRI shall be
simultaneous with the submission of any rezoning and/or conditional use
application or other land use related petition required by this Code to allow for
concurrent reviews and public hearings before both the planning commission and
the BCC of the ADA and rezone and/or conditional use applications. The DRI
and rezone and/or conditional use shall be approved prior to the issuance of any
required county development orders or permits and commencement of
construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to
proceed with construction activities in compliance with the same shall require Collier
County to issue a development order or building permit if (1) it can be shown that
issuance of said development -order or building permit will result in a reduction in the
level of service for any public facility below the level of service established in the Collier
County growth management plan, or (2) if issuance of said development order of [or]
building permit is inconsistent with the growth management plan. Anything in this section
to the contrary notwithstanding, all subdivision and development shall comply with the
Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the
growth management plan.
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
a. Zoning action on building or land alteration permits. The County Manager
or his designee shall be responsible for determining whether applications for
building or land alteration permits, as required by the Collier County Building
code or this Code are in accord with the requirements of this Code, and no
building or land alteration permit shall be issued without written 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,
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10.02.00 APPLICATION REQUIREMENTS
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moving, addition to, or alteration of any building, structure, or land except in
conformity with, th~ pro\(isions of this Code unless he shall receive a written order
from the board~orion\hg' appeals in the form of an administrative review of the
interpretation, or variances as provided by this Code, or unless he shall receive a
written order from a court or tribunal of competent jurisdiction.
b. Application for building or land alteration permit. All applications for
building or land alteration permits shall, in addition to containing the information
required by the building official, be accompanied by all required plans and
drawings drawn to scale, showing the actual shape and dimensions of the lot to
be built upon; the sizes and locations on the lot of buildings already existing, if
any; the size and location on the lot of the building or buildings to be erected,
altered or allowed to exist; the existing use of each building or buildings or parts
thereof; the number of families the building is designed to accommodate; the
location and number of required off-street parking and off-street loading spaces;
approximate location of trees protected by county regulations; changes in grade,
including details of berms ; and such other information with regard to the lot
and existing/proposed structures as provided for the enforcement of this Land
development Code. In the case of application for a building or land alteration
permit on property adjacent to the Gulf of Mexico, a survey, certified by a land
surveyor or an engineer licensed in the State of Florida, and not older than 30
days shall be submitted. If there is a storm event or active erosion on a specific
parcel of land for which a building or land alteration permit is requested, which
the County Manager or his designee determines may effect the density or other
use relationship of the property, a more recent survey may be required. Where
ownership or property lines are in doubt, the County Manager or his designee
may require the submission of a survey, certified by a land surveyor or engineer
licensed in the State of Florida. Property stakes shall be in place at the
commencement ot construction.
c. Construction and use to be as provided in applications; status of permit
issued in error. Building or land alteration permits or certificates of occupancy
issued on the basis of plans and specifications approved by the County Manager
or his designee authorize only the use, arrangement, and construction set forth in
such approved plans and applications, and no other use, arrangement, or
construction. Building use arrangement, or construction different from that
authorized shall be deemed a violation of this Land Development Code.
i. Statements made by the applicant on the building or land alteration
permit application shall be deemed official statements. Approval of the
application by the County Manager or his designee shall, in no way,
exempt the applicant from strict observance of applicable provisions of
this Land Development Code and all other applicable regulations,
ordinances, codes, and laws.
ii. A building or land alteration permit issued in error shall not confer any
rights or privileges to the applicant to proceed to or continue with
construction, and the county shall have the power to revoke such permit
until said error is corrected.
d. Adequate public facilities required. No building or land alteration permit or
certificate of occupancy shall be issued except in accordance with the Collier
County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and
10 of this Code) and Rule 9J-5.0055, F.A.C.
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
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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<.,....CJ"~
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 1 O.
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).
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105.1
1 05.1 Reqllired.
. Any owner or authorlzecfagent'wno"fhfencls'ro construct; enlarge., alter, repair, move,'demolish,
or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
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PLArIlUI COAST FIWCW.
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ABOVE SPACE FOR CLERK'S USE ONLY
Mail To:
Platinum Coast Financial Corp.
961 Trail TaTIICC Drive
Naples. Rorida 34\ 083
Parcel LD. # 00439000008 + 6078564000
DEED. WITHOUT. WARRANTY
THIS DEED made and executed the 20th day of November 2008 by, Michael J.
Miceli, as Trustee Under Trust Number 10, hereafter called the Grantor, Platinum
Coast Financial Corp., hereinafter called the Grantee:
WI1NESSTII: that the Grantor, for and in consideration of the sum of $10.00 (ten
dollars) and other valuable considerations, receipt whereof is hereby acknowledged, does
hereby remise, release, convey and quit claim unto the grantee, all that certain land
situated in Collier County, Florida and described as follows:
A tract or parcel ofland lying in the North half of Section 29, Township 50 South,
Range 26 East, which tract or parcel is descnbed as follows;
From the Northeasterly corner of Block "0" of unit No. I, Myrtle Cove Acres,
according to the plat thereof recorded in Plat Book 3, at Page 38, Public Records
of Collier County, Florida; run North 39" 04' West for 247.\5 Feet along a line
150 feet, measured on a perpendi . to the centerline of the
Tamiami Trail (State Road N. J5J ING. From said
point of beginning RUN soOf1a~ West for 300 ~a,~~ line parallel to
the Northerly line oflot ~lo~ Block "0" of Unit N~ I~l\ Cove Acres,
to the comer on the North li~ ~f...id Uftit No. I, M e Co,\e Aelfs, common
to Lots 9 and 10 of BI6ck ,,~" oIf!sanllJnit No. I,' Ie Cove\Acre.s; thence run
I r-' .~~~' ~
North 39'04' West fOT4o.9'~~N~rfil~' Ri'<t fi r 30 feet along
a line parallel to the ortli rl~ 'f 9 ~f . k)n;.: 6Vfd Uni No. I, Myrtle
Cove Acres, to an intrse~on wit',oa ~15fl e !;"rheaSnrea onla pet!>endicular
1~\"_1../J1\1.,,1 ;.. i.1 Ui~ ,\1...1 ,. .I:
from and parallel to ~ C:11,nter!ine oT~ rail ~ Rb!l'tt'fJo. 90); thence
run South 39"04' E~il'ql\g. said parallel line fortfeet'to th6 B;loo OF BEGINNING.
\~\ I~
\'":.c. \ <;(. 10'
TO HAVE AND TQ.~~P, the same togeth . :th.ll} and singular the
appurtenances thereunto bel~..M in anywise ap'. 'i:rtg, and all the estate, right,
title, interest, lien, equity, and craun . ~-; . , @-e.\'iiia grantor, either in law or in
equity to the only proper use, benefi ~ e~ the said grantee forever.
IN WITNESS WHEREOF the grantor has caused these presents to be executed in
its name, and it corporate seal to be hereunto affixed by its proper officer thereunto duly
authorized, the day and year first written above.
Michael J. Miceli, as Trustee Under Trust Number 10
Pam Pass uccessor Trustee
:::00 ;;!iitMUil fu
Print: LIlJ)rf( fUrce ft'
Sign: /j) 0.. 11 d Jl tt1 tzjx ft^--
Print: ().,)Av.DA .s:rc::r2::oJ
STATE OF FLORlOA
COUNTY OF COLUER
The fore~ept ~o)\'l;;,dged before me this
~2008by~~ r~~~ .
r~ personally known to me,
r] produced
:..l! ~ A / - V
~ dayof~
as identification.
.1."'" LINDAJ.GAm
~. MY COMMISSION . DDm.:~
~ EXPIRES:~25.2DIO
,":"J..W1rAZ.Y A.....,.~~CD
J3
COLLIER COUNTY CODE ENFORCEMENT BOARD
, ",:. '1 "f
CEB CASE NUMBER CESD20080005688
Board of County Commissioners, Collier County, Florida
Vs.
Platinum Coast Financial Corp.
Pamela Pass as Registered Agent
Violation ofOrdinance/Section(s)
Collier County Laws, Chapter 22 Article II Section 22-26(b)(104.1.3,5). Florida Building Code 2004 Edition,
Chapter 1 Section 105.1. Collier County Land Development Code, 2004-41, as amended, section(s)
10.02.06(B)(l)(e), 10.02.06(B)(1)(e)(i), and 1O.02.06(B)(1)(a).
Azure Sorrels, Code ltnforcement Official
Department Case No. CESD20080005688
DESCRIPTION OF VIOLATION:
Electrical conduit, wiring, and outlets have been added to, installed, replaced, and removed
throughout structure. Plumbing has been added to for the addition of sinks and toilets. Partition
walls have been demolished and rebuilt. A bar and stage have been built and a loft has been
demolished. All the above mentioned construction has been started and/or completed without
first obtaining all required Collier County building permits.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. Respondent must obtain all required building permits, inspections, and certificate
of completion for all electrical, plumbing, and structural additions, and alterations
mentioned above within (days) 'of this hearing or a $(amount) fine will be
imposed for each day the violations remain OR
The respondent may obtain a demolition permit and demo/remove all unpermitted
electrical, plumbing, and structural additions/alterations mentioned above within
(days) of this hearing or a $(amount) fine will be imposed for each day the
violations remain.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
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COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Bruce G. Wood as the Trustee of the Bruce G. Wood Revocable Trust, Respondent
DEPT No. CESD20080003740
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-4
5-7
8-9
CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080003740
vs.
BRUCE G. WOOD AS THE TRUSTEE OF THE
BRUCE G. WOOD REVOCABLE TRUST, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
Building Permit LDC10.02.06(B)(1)(a)
VIOLATION:
LOCATION OF VIOLATION: 56 Moon Bay ST Naples, FL
SERVED:
Bruce G. Wood as the Trustee of the Bruce G. Wood
Revocable Trust, Respondent
Azure Sorrels, 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 fifteen 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 ieast five (5) business days prior to the date set for the
hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFlCACION: 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.
:1
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, PetitiOner"'~
. ~'r-.....
-- <'-.;, -,~
vs.
DEPT CASE NO. CESD20080003740
Bruce G. Wood as Trustee of the
Bruce G. Wood Revocable Trust, Respondent(s)
STATEMENT OF VIOLATION AND
REQUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before t.1.C Collier County Code Enforcement Board, for the following reasons:
I. Violation ofOrdinance(s) 2004-41, Collier County Land Development Code, as amended, section
1O.02.06(B)(l)(a) and the Florida Building Code 2004 Edition, Chapter I, section 105. I.
2. Description of Violation: A storage Structure added to the existing carport without fIrst obtaining
required building permits.
3. Location/address where violation exists: 56 Moon Bay Street Naples, FI 34114. Folio number
68342080005
4. Name and address of owner/person in charge of violation location Bruce G. Wood residing at 5800
Houchin Street Naples, FI 34109
5. Date violation fIrst observed: April 1st, 2008
6. Date owner/person in charge givenNDtice of Violation: February 26th, 2009
7. Date on/by which violation to be corrected: March 24th, 2009
8. Date ofre-inspection: May 7th, 2009
9. Results ofRe-inspection: Violation remains
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Bo a or a public hearing.
Dated this ]2th day of May, 2009
e Sorrels
Code Enforcement Investigator
STA TE OF FLORIDA
COUNTY OF COLLJER
] 2th day of
Mav , 2009 by Azure Sorrels
Personally known _ or produced identification _
Type of identification produced
(Print/Type/Stamp Commissioned
Name of Not3rY Public)
......,.'t~CI~
R ~<;;
. tJ.
~~J
"or-V\.a'"
Notary Public State of Florida
Colleen Davidson
My Commission D0558435
EXi"lfes 05/30/2010
REV 3-3-05
L .
cQ
..._~~~.~;'
Case Number: CESD20080003740
Date: December 17,2008
Investtgator: Azure Sorrels
Phone: 252-2455
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: WOOD TR. BRUCE G BRUCE G WOOD REVOCABLE TRUST UTD
5800 HOUCHIN ST
NAPLES, FL 341091941
Location: 56 Moon Bay ST Naples, FL
Unincorporated Collier County
Zoning Dist: RMF-6
Property Legal Description: PDrt AU Prince
Folio: 68342080005
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, 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: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section
105.1
Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land
Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
Any Dwner or authDrized agent WhD intends to CDnstruct, enlarge, alter, repair, move, demolish, Dr change the occupancy of a building
or structure, Dr tD erect, install, enlarge, alter, repair, remDve, convert or replace any electrical, gas, mechanical Dr plumbing system, the
installation of which is regulated by this code, or tD cause any such wDrk tD be done, shall first make application tD the building official
and obtain the required permit.:
The County Manager or his designee shall be responsible for determining whether applications for building or land
alteration permits, as required by.the::Colliet-'CountyBuilding 'Code o[Jhis~Code are in accQIq yvith tb.e requjrernen~.o.f. 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:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S).
Did Witness: A storage structure added to the existing carport without first obtaining required building permits.
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
Must apply for and obtain all permits required for described structurefimprovements: AND 1 OR Must remove said
structurefimprovements. includinq materials from property and restore to a permitted state.
Must be in compliance with all coHier County Codes and Ordinances and apply for and obtain al/ permits required for
described structure/improvements. Must also request or cause inspection throuqh and includinq certificate of
occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/completion.
ON OR BEFORE: 03/24/2009
Failure to correct violations may result in:
1) Mandatory notice to appear or issuance Df 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.
3
Investi tor Signature
Azure Sorrels
rels
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104 .
7J=ff;;?2-39DD
Signature and Title of Recipient
:8ra~s- td~ d
Printed Name of Recipient
~t:L
<..D~pmhQr 17th, 20013
Date
'ell). {g/09
I /
'-=:~-"'..P ~_,_
'-I
10.02.00 APPLICATION REQUIREMENTS
Page 1 ot 1
10.02.06 Submittal-Requirements for Permits
A. Generally. Any permit submitted to the County
particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal permits. Where proposed use or development
requires state or federal development orders or permits prior to use or
development, such development orders or permits must be secured from state or
federal agencies prior to commencement of any construction and/or
development, including any changes in land configuration and land preparation.
~~-'~~~,J; '..<':- ".:.,-~;-.
must meet the requirements for that
b. Developmentof regional impact. INhere a proposed use or development is a
development of regional impact (DRI), it shall meet all of the requirements of F.S.
ch. 380, as amended, prior to the issuance of any required county development
orders or permits and commencement of construction or development.
Submission of the application for development approval (ADA) for a DRI shall be
simultaneous with the submission of any rezoning and/or conditional use
application or other land use related petition required by this Code to allow for
concurrent reviews and public hearings before both the planning commission and
the BCC of the ADA and rezone and/or conditional use applications. The DRI
and rezone and/or conditional use shall be approved prior to the issuance of any
required county development orders or permits and commencement of
construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to
proceed with construction activities in compliance with the same shall require Collier
County tp issue a dev~lopnJ.ent order or building permit if (1) it can be shown that
issuance of said development order or building permit will result in a reduction ih the
level of service for any public facility below the level of service established in the Collier
County growth management plan, or (2) if issuance of said development order of [or]
building permit is inconsistent with the growth management plan. Anything in this section
to the contrary notwithstanding, all subdivision and development shall comply with the
Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. 11f] and the
growth management plan.
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
a. Zoning action on building or land alteration permits. The County Manager
or his designee shall be responsible for determining whether applications for
building or land alteration permits, as required by the Collier County Building
code or this Code are in accord with the requirements of this Code, and no
building or land alteration permit shall be issued without written 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,
http://library2_municode.com/defaultIDoc View/13 992/1/66/68?hilite= 10 02 00;
2/2/20095
lU.ULUU APl'LlLAllUN Kb~Ul1{tMbN 1:)
t'age 1. or 1.
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<boafa of i'onin'g 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.
http://library2.municode.comldefault/Doc View/13992/1I66/68?hilite=1 002 00;
2/2/2009 (f)
105.1
1 05J~e,q~ireq,:. _0- - c', . ... . .... .".. . .. ...
Any owner or aufhorized agent who intehosfb- construct, enlarge, alter, repair, :move;--Cfemolish,
or change the occupancy of a building or structure, or to erect, install, enlarge, after, repair,
remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation
of which is regulated by this code, or to cause any such work to be done, shall first make
application to the building official and obtain the required permit.
http://ecodes.icesafe.org/icce/gateway.dl1JFlorida%20CustomIBuild2004_FL/3/8?f=templ. .. 11/20/2007 ~
..
3842520 OR: 4041 PG: 0175
BCORDED in OFFICIAL UCORDS of COLLIIl coum, lL
OS/2212006 at lO:56A1 DiIGH! I. BIOCt, CLlRI
lie III 18.50
DGC-.10 .70
This instrument was prepared without legal opinion by and. after
reco~, should be ~turned to:
lfOthy M. Breen, Esquire
~ood.man Breen & Gibbs
. 3838 Tamiami Trail North, Suite 300
Naples, Florida 34103
239-403-3000
Retn:
GOODW BUBI if AI.
3838 TAlI!II Tl I 1300
IAPtlS lL 3UG)
WARRANTY DEED
THIS INDENTURE, made this /;Z- day of May, 2006, between BRUCE G. WOOD,
a married man, County of Collier, State of Florida, Grantor*, and BRUCE G. WOOD AS
TRUSTEE OF THE BRUCE G. WOOD REVOCABLE TRUST DATED AUGUST 29, 2005, whose post
office address is 5800 Houchin Street, Naples, Florida 34109-1941, Grantee*.
WITNESSETH, That the Grantor, for and in consideration of the sum of TEN
DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said
Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said
Grantee, and Grantee's successors in ., . forever, the following described land,
situate, lying and being in Collier ~l ,... ~"
~O~ (~~
Lot 56, Port-AU-Princeya~~'l~e l!~~~e r~rded in Plat Book 13,
Page 51 of the Public R'eco, ~ __~. F1~. \
SUBJECT TO restri~ 'o~,ns /xm 1,. rv, . ~Of",fecord' and taxes, for
year 2006 and sUbse1lle I YC""""" 0 I)) \ \ l( \" 1
Folio 68342080005. \ Q.' , ~ ~) f2 ) '.
And said Grantor does~~y fully warrant th~e to ~~d, and will defend the same
against the lawful claims of all\~..Fa:\ns whomsoever. ~"\..J /;~U I
Trustee of the trust here~ ~ fu11 power and authority to
protect, conserve, sell, lease, encum:'....: :t>/it}Jre:~ ge and dispose of the real property
described herein as set forth in Florida Sta "-' Ion 689.071.
· "Grantor" and "Grantee" are used for singular or plural, as context requires.
<6
**t OR: 4041 PG: 0176 t*t
Signed and delivered in our prcseo::c:
IN WITNESS WHEREOF, Grantor has her~o set Grantor's hand the day and yeatfirstabove-Written.
cSDn~ J@-dfL(A:o
~~~w11NW()?Jd
-/J-I 4 > fIz.... '--::>
JI:t:?!:!;::-~~~~~
~~~
BRUCEG. WOOD
/!J~~~
q
COLLIER COUNTY CODE ENFORCEMENT BOARD
J' ".., :...' :1", .:" "~,,;. .'~""-
CEB CASE NUMBER CESD20080003740
Board of County Commissioners, Collier County, Florida
Vs.
Bruce G. Wood, Trustee of the Bruce G. Wood Trust
Violation of Ordinance/Section( s)
2004-41, Collier County Land Development Code, as amended, section 10.02.06(B)(1)(a)
Florida Building Code 2004 Edition, Chapter 1, section 105.1
Azure Sorrels, Code Enforcement Official
Department Case No. CESD20080003740
DESCRIPTION OF VIOLATION:
A storage structure added to the existing carport without obtaining required building permits.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. Respondent must obtain all required Collier County Building permits, inspections,
and certificate of completion for the mentioned addition to carport within (CEB
ordered time) days of this hearing or a $(CEB ordered amount) fine win :be~
imposed for each day the violation remains.
OR
Respondent may obtain demo permit, inspections, certificate of completion, and
demolish said structure within (CEB ordered time) days of this hearing or a
$(CEB ordered amount) fine will be imposed for each day the violation remains.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
David E. Horton, Respondent
DEPT No. CESD20080011966
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-5
6-8
9-10
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080011966
vs.
DAVID E. HORTON, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Building Permit LDC10.02.06(B)(1)(a)
LOCATION OF VIOLATION: 2128 55th ST SW Naples, FL
SERVED:
David E. Horton, Respondent
Paul Renald, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)77 4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFlCAOON: Esta 3udiencia sera conducida en el idioma lngles. Servicios the traduccion no seran disponibles en la audiencia y usted sera resflbnsable de proveer su propio traductor. para un mejor entendimiento con las
comunicaciones de este evenlo. Por favor traiga su propio traductor.
Avetisman - Tout odisyon yo fel an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou.
1.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO. CESD20080011966
David E Horton, Respondent(s)
STATEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier Cbunty Code Enforcement Board, for the following reasons:
1. Violation ofOrdinance(s)Collier County Land Development Code 04-41, as amended, Section
10.02.06(B)(1)(a)
2. Description of Violation: Addition to the rear of the home with no permits.
3. Location/address where violation exists: 2128 55th St SW Naples, FI 34116 (Folio 36379480008)
4. Name and address of owner/person in charge of violation location: David E Horton 2128 55th St
SW Naples, FI34116
5. Date violation first observed: September 8, 2008
6. Date owner/person in charge given Notice of Violation: October 9, 2008
7. Date onlby which violation to be corrected: November 8, 2008
8. Date ofre-inspection: July 15,2009
9. Results ofRe-inspection: Violation remains.
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hearing.
Dated this 15th day of July, 2009
~k~
~nald Paul
Code Enforcement Investigator
STATE OF FLORIDA
COUNTY OF COLLIER
be 0 this] 5thday of Julv , 2009 by Renald Paul
Personally known _ x_ or produced identification_
Type of identification produced
(print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY PUBLIC. STATE OF FLORIDA
~"""""'-';. Delicia Pulse
~ ~ ~Commission#DD629723
...,~,., Expires: JAN. 16,2011
BO\'llED THRU ATLAJ'lTIC BONDING CO., INC.
REV 3-3-05
@
Case Number: CESD2008001196S
Date: October 09,2008
Investigator: Paul Renald
Phone: 252-2443
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: HORTON, DAVID E
2128 55TH ST SW
NAPLES, FL 341165516
Location: 2128 55th ST SW Naples, FL
Unincorporated Collier County
Zoning Dist: RSF
Property Legal Description: GOLDEN GATE UNIT 6 PART 1 BLK 214 LOT 5
Folio: 36379480008
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, 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.a-ndTa.nd.Alteration Permits. . (Permits, Inspections, Certificate of Occupancy Required)
Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a)
The CDunty Manager or his designee shall be respDnsible 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 nD building or land
alteration permit shall be issued without written approval that plans submitted cDnform 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, mDved, added to, altered,
utilized or allowed to exist and/or' no land alteratiDn shall be' permitfed withoutfil-stobtainlng the authorization of the required pemlit(s),
inspections and certificate(s) Df occupancy as required by the Collier County Building Code or this Code:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S).
Did Witness: OWNER NEEDS PERMITS FOR GARAGE CONVERSION AND ADDITION TO THE REAR OF THE
HOME. ALSO OWNER NEEDS TO REAPPLlE FOR PERMIT#2007052545 FOR THE SHINGLES. ALL PERMITS MUST
-==0' HA VEINSPECTIONS'-ANDMUSrOBT AINCERTIFICA TE OF COMPlETION:--
ORDER TO CORRECT VIOLATION(S):
You are directed by this Notice to take the following corrective action(s):
lnitiallnspectionlnitiallnspectionlnitial Inspection
ON OR BEFORE: 11/08/2008
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:RENALD PAUL
~~&~
Paul Renald
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239252-2440 FAX: 239252-2343
Signature and Title of Recipient
3
Date
. ""_<f'..~~:...-. ~. .~'.':.-:-.'-',-,.-2..'.:. ,~., ,,-:-
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REV 7111GB
4
Respolldent(s):
HORTON,DAVlDE
,..-:- ,;<,',,- ,
Code Case Number.: CESD20080011966
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. .- , ",""-' .
THE DESCRIP'PONOFTHEDOCUMENT(S) SERVED:
[fheck the appfic?bledocument(s)J
)(Notice of Violation
Other:
. .' - -; - ' ." ':::. ., ' :.,:, . -,,~.' ;.:' -' ,. - .. ':. ,',; . - - :" ... - , - -., - - - " .,.,,": - :' - .' . ..'. '.::" ", "': . - --: ~' .
I pa~IR'eriald.6odeEnfOrcenie;'fOffi~iaf, hereby swear ~nd affirm thatlhav~'pe~sonalfy served the above described ..
. .doc~n1ent(S)fodh=.abo~~ re~pon~ent(s) to,--'DavidEHorton at 212855TH ST SW
,fortheabove respondent(s) on 10-9~08 (Date),at 9:45am (Time).
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ORDINANCE NO. 04-41
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FlORIDA, RECODIFYING THE COLLIER COUNTY lAND DEVELOPMENT CODE, WHICH IN-
C~UDf;S THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FlORIDA, BY qUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED;
PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO: FINDINGS OF FACT; SECTION
THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY
CREATING THE FOLLOWING: CHAPTER 1 ~ GENERAL PROVISIONS, INCLUDING SEC. 1.01.00
TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00
APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF
' INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;
CHAPTI;:R'2 - ZONING 'DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERAUY, SEC.
2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC.
~~-~.~::....~~ --
2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC.
2.05:00 DENSrrY'STANDARDS-, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC.
2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 _ RESOURCE
. PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FlOODPLAIN PROTEC-
TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN-
GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL. PROTEC-
TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTJON:
CHAPTER 4 - SITE DESIGN AND DEVELOPMENt STANDARDS, INCLUDING SE:C. 4.01.00'
GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND
LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS" SEC. 4.05.00 OFF-STREET
PARKING AND LOADING, SEC. 4,06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE-
TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC.
4.08.00 RURAL lANDS ~TEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND
PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS,
INCLUDING SEC. 5.01.00 GENERAUY, SEC. 5.02.00 HOME OCCUPATIONS,~-SEC. 5.b3.00~""~~
..- ,-.
ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES,
SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS,
INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 _ INFRASTRUC-
TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING
SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLlC FACILITIES REQUIREMENTS, SEC.
6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE
WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT
SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION
SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND
ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC.' 8.02.00 BOARD OF
COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF
ZONING APPEALS, SEC. 8'.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC.
8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL
PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU-
NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DlVIS/ON; CHAPTER 9 _ VARJATJONS
FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, -SEC, 9.02.0,0 DEVEL-
OPMENTW/TH VESTED RIGHTS, SEC. 9.03.00 NONGONFORMI1lES, SEC. 9.04.00 VARIANCES; II'.
CHAPTER 10 - APPUCATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING \j)
SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUfREMENTS, SEC. 10.03.00
.
~-
APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES
10.02.06 B.1.
10.02.06 A.2.
public facility below the level of service established in the Collier County growth manage-
ment plan, or (2) if issuance of said development order of [or) building permit is inconsistent
with the growth management plan. Anything in this section to the contrary notwithstanding, all
subdivision and development shall comply with the Collier County Adequate Public
Facilities Ordinance [Code ch. 106, art. III] and the growth management plan.
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
a.
Zoning action on building or land alteration permits. The County Manager or his
designee shall be responsible for determining whether applications for building or
land alteration permits, as required by the Collier County Building code or this Code
are in accord with the requirements of this Code, and no building or land alteration
permit shall be issued without written approval that plans submitted conform to
applicable zoning regulations, and other land development regulations. For pur-
poses of this section aland alteration permit shall mean any written authorization to
alter land and for which a building permit may not be required. Examples inC!JCle6ut
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-ho building orland alteration permit
application shail 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 shail 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.
,_.:....;.::..:.:....~:::;~-'-_'-...:.._._:.::..;..-_.'c:-'-_._'_ -.-
b.
Application for building or land alteration permit. Ail applications for building or land
alteration permits shail, in addition to containing the information required by the
building official, be accompanied by all required plans and drawings drawn to scale,
showing the actual shape and dimensions of the lot to be built upon; the sizes and
locations on the lot of buildings already existing, if any; the size and location on the
lot of the building or buildings to be erected, altered or allowed to exist; the existing
use of each building or buildings or parts thereof; the number of families the
building is designed to accommodate; the location and number of required off-street
parking and off-street loading spaces; approximate location of trees protected by
county regulations; changes in grade, including detaits of berms; and such other
information with regard to the lot and existing/proposed structures as provided for
the enforcement of this Land development Code. In the case of application for a
building or land alteration permit on property adjacent to the Gulf of Mexico, a
survey, certified by a land surveyor or an engineer licensed in the State of Florida, and
not older than 30 days shall be submitted. If there is a storm event or active erosion
on a specific parcel of land for which a building or land alteration permit is
requested, which the County Manager or his designee determines may effect the
density or other use relationship of the property, a more recent survey may be
tq-
-
fIIt~--
,
t,
10.02.06 B.1.
COLLIER COUNTY LAND DEVELOPMENT CODE
10.02.06 B.1.
required. Where ownership or property lines are in doubt, the County Manager or his
designee may require the submission of a survey, certified by a land surveyor or
engineer licensed in the State of Florida. Property stakes shall be in place at the
commencement of construction.
-.
c. Construction and use to be as provided in applications; status of permit issued in
error. Building or land alteration permits or certificates of occupancy issued on the
basis of plans and specifications approved by the County Manager or his designee
authorize only the use, arrangement, and construction set forth in such approved
plans and applications, and no other use, arrangement, or construction. Building use
arrangement, or construction different from that authorized shall be deemed a
violation of this Land Development Code.
i. Statements made by the applicant on the building or land alteration permit
application shall be deemed official statements. Approval of the application
by the County Manager or his designee shall, in no way, exempt the
applicant from strict observance-of applicable provisiOris='t)fthisc-UJ.nd=-=-C--'-~'----'--'-c-
Development Code and all other applicable regulations, ordinances, codes,
and laws.
ii.
A building or land alteration permit issued in error shall not confer any rights
or privileges to the applicant to proceed to or continue with construction, and
the county shall have the . power to revoke such permit until said error is
corrected.
..
.
d. Adequate public facilities required. No building or land alteration permit or certifi-
cate of occupancy shall be issued except in accordance with the Collier County
Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this
Code) and Rule 9J-5.0055, FAC.
. ".------. -.......--
_ _ ,~~_... -' --,'--- -.. .. .-------------..--- ..--.---.-..-
e. Improvement of property prohibited prior to issuance of buHding 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 maybe
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).
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THIS INSTRUMENT PREPARED BY:
Dale G. Westling, Sr., PA
331 East Union Street
Jacksonville, FL 32202
\ 1111I1111111111UIII~ 11111111I 1I1II
RECORD AND RETURN TO:
Vhen recorded mailt(l: 1053476
lome Connects
00 Lakeside Drive. Horsham. P A 19044
RE PARCEL ill #: 36379480008
lJUYERS TIN:
QUIT-CLAIM DEED
THIS QUIT-CLAIM DEED is made thi~ ~ day of fn. J(~ '\+ ,
2005 by DAVID E. HORTON. joined by his wife, ZEINEFF ORTON, heremafter
called Grantor, and whose address is 2128 55th Street Southwest, Naples, Florida
34116, to DAVID E. HORTON, a married man, hereinafter called Grantee and whose
address is 2128 55th Street Southwest, Naples, Florida 34116.
(Wherever used herein the tenn "grantor" and "grantee" include all the parties to this
instrument arid the heirs, legal representatives and assigns of individuals, and the
successors and assigns of corporations.)
WITNESSETH:
~
THAT the Grantor, ~or ~~~~ffih~&1~~um ofTen. and NOnO? Dollars
and other valuable const?er~~)p'";;Jr~!}S~tDr, receIpt whereof IS ~ereby
acknowledged, does renus~ re.tyase and qUlt-c1alm ur1t~ tn'efrantee, all that certam land
situate, lying and being it ?1~ty, ~r:i~a; vi\ \
I f/Dffi;u ~'ijl\f) )\\11\ \ .
All that pa:cel ~parl..\~ IV CI, (t~f:P ~lfirr. fo4n.,.tYl Slate of Flonda, as mo.r~._.
fully descnbed I~J),~ , 23~~ ~79480008, bemg known
and designated ~1ft 5, Block 214, Gmsen Gat~(~JDit 6, Part 1, filed in Plat
BOOk9,pagel-\~~\ . <;1~ /10/ .
Lot 5, Block 214, \G6J. n Gate, UnIt 6, P~ 10accordmg to the plat thereof
reco~ded in Plat B~1?> ~_E~\~"'llht(c Records of Collier County,
Flonda. ~~>/
This deed is being recorded to reflect the correct marital status of the grantee who
is also the grantor. No money is being exchanged.
This instrument prepared without benefit of title namination, title insurance or attorney's opinion of title.
SUBJECT TO taxes accruing subsequent to December 31, 2004
SUBJECT TO covenants, restrictions and easements of record, if any, however this
reference thereto shall not operate to reimpose same.
SUBJECT TO taxes for the current year.
TO HAVE AND TO HOLD the same together with all and singular the tenements,
heredilaments, and appurtenances thereunto belonging or in anywise appertaining, and all .thc;._
estate, right title, interest, lien, equity and claim whatsoever of the Grantor, either in law ()r~'.
equity, to the only proper, use, benefit and behoof of the Grantee.
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*** OR: 3883 PG: 2934 tit
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents the day and year first above written.
Signed, sealed and delivered in our presence:
Mary /E:.[~fuJ~'
Witness Printed Signature
17weJ E~ ~~
David E. Horton .
2:~'1in~l-on
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Witness Sl ature
~~
Witness Signature -
{\An ~ E . USL/l ~~.
wi'tness rinted Signature
STATE OF FLORIDA
COUNTY OF
~\.f..R COljitr>- #
T e foregoing instrument w ,~OWledged be 0 ~~ N,s 9 day of
/ C7 2005 by Davi E. '\lorton, joined by his wife,
Zeine Horton. He/Slle\tIS P~.l1 know t~ me or has produced
\'(l \ \' d. f-l f'X\ 'f{l.(r \...' ckrt ~j\ \ as idel1tiflcation.
( I (\! /f)~ "-'" ~~71\ \
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Notary, Pubhc, State andCquntYMO~e5!Uq;J ;~ \.f,.- 'I' ._.
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Notary Printed Signature ..... erial No., ifany)
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Nolary Public Slate 01 Florida
Mary E Liszewslci
My Coounission DD.'l85J32
Expiras 01/1112009
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-COLLIER COUNTY CODE ENFORCEMENT BOARD
...JI"-;-">! :.. ~--W'-~':'~'~,J- .or;"'~-~<..:."J" ";:';
CEB CASE NUMBER CESD200800 11966
Board of County Commissioners, Collier County, Florida
Vs.
David E Horton
2128 55th St SW
Naples, Fl34116
Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended,
Section 1O.02.06(B)(1)(a)
Renald Paul,.Code Enforcement Official
Department Case No. CESD20080011966
DESCRIPTION OF VIOLATION: Addition to the rear of the home with no permits.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution ofthis case within 30 days and abate all violations by:
1. Respondent is required to obtain any and all permits as required by Collier
County, for any additions to this residence or obtain a demolition permit for
removal of all unpermitted additions to this property and obtain all required
inspections and certificate of completion within X days of this hearing or be fined
$X a day for each day the violation remains unabated.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
T ABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Gabino Medina Jr., Respondent
DEPT No. CESD20080016167
ITEM
P AGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-S
6-7
8
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080016167
vs.
GABINO MEDINA JR., Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Building Permit LDC10.02.06(B)(1)(a)
LOCATION OF VIOLATION: 1303 Immokalee DR Immokalee, FL
SERVED:
Gabino Medina Jr., Respondent
Maria Rodriguez, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLliER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en eI idioma Ingles. Servicios the traduccion no seran disponibles en Ia audiencia y usted sera responsable de proveer su propio traductar, para un mejor entendimiento con las
comunicaciones de este eventa. Per favor traiga su propio tradudor.
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:1
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO. CESD20080016167
Gabino Medina Jr., Respondent(s)
STA TEMENT OF VIOLATION AND
REOUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
1. Violation of Ordinance(s Collier County Land Development Code 04-41, as amended, Section
1O.02.06(B )(l)(a).
2. Description of Violation: Unpermitted additions without first obtaining a Collier County Building
permit.
3. Location/address where violation exists: 1303 Immokalee Dr. Immokalee, Fl 34142 (Folio #
51040200000).
4. Name and address of owner/person in charge of violation location Gabino Medina Jr. 319 S 7th St.
Immoka1ee, Fl 34142
5. Date violation first observed: November 12,2008
6. Date owner/person in charge given Notice of Violation: February 17,2009 (Personally served as
stated on Affidavit of Service).
7. Date onlby which violation to be corrected: February 27, 2009
8. Date of re-inspection: March 2, 2009
9. Results of Re-inspection: Violation remains.
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a PUb~li . g.
Dated this 13th day of July, 2009 ........AI\. ,
\ \A...O-- .If
Maria Rodriguez
Code Enforcement Investigator
ST ATE OF FLORIDA
COUNTY OF COLLIER
(or affirmed) a d subscribed before thi~ay of~, 2009 by ~I/ 11061lAbvr--;e
~
Personally known ~ or produced identification _
Type of identification produced
(Print/Type/Stamp Commissioned
Name of Notary Public)
REV 3-3-05
I~UTARY PUBLlC-STATE OF FLORIDfl.
$'~"'''''''''~ Jennifer E. Waldron
; ~Commission #DD823767
-:. ... .
'"/r'm\\~''' ExpIres: SEP. 17 ~2012
BONDED TIiRll Ar",'U\1"1C BONDING Cu., INC.
Q
Case Number: CESD20080016167
Date: December 10, 2008
Investigator: Maria Rodriguez
Phone: 239-252-2458
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: MEDINA JR, GABINO
319 S 7TH ST
IMMOKALEE, FL 341424078
Location: 1303 Immokalee DR Immokalee, FL
Unincorporated Collier County
Zoning Dist: RSF-5
Property Legal Description: HULL HGTS BLK 1 LOT 8 & E1/2 OF LOT 9
Folio: 51040200000
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, 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 1 0.02.06(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 - Recurring
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S).
Did Witness: ADDITIONS ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY PERMIT.
ORDER TO CORRECT VIOLA TION(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 and apply for and obtain all permits required for
described structurelimprovements. Must also request or cause inspection through and inclUding certificate of
occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of
occupancy/completion.
ON OR BEFORE: 02/27/2009
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:
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-2440 FAX: 239 252-2343
Investigator Signature
Maria Rodriguez
Signature and Title of Recipient
3
Printed Name of Recipient
Date
L/
AFFIDAVIT OF SERVICE
Code Case Number: CESD20080016167
Respondent(s):
MEDINA JR, GABINO
THE DESCRIPTION OF THE DOCUMENT(S) SERVED:
[Check the applicable document(s)]
X Notice of Violation
_Notice of Hearing
_Notice of Hearingllmposition of Fines
Citation
_Notice to Appear
Code Enforcement Board Evidence Packet
Other:
I Maria Rodriquez, Code Enforcement Official, hereby swear and affirm that I have personally served the above described
document(s) for the above respondent(s) to_Gabino Medina at 1303 Immokalee Dr. Immokalee, FI34142
, for the above respondent(s) on _February 17, 2008_ (Date), at _10:30 am (Time).
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn ~or affirmed) and subscribed before me
this l day of r e.:~~C'uo.N ,200fiby
Maria Rodriguez (Name of person making'statement)
(Sig"a,"ceOfNLfi2.~~
~nallY known
(Print, type or stamp Commissioned Name of
Notary Public)
NOTARY PUBUC - STATE OF FLORIDA
......"",,,# Delicia Pulse
~ kommission # DD629n3
~'" ,..,':- Expires: JAN. 16,2011
nmu ATLANTIC BOKDING CO., INC.
_Produced identification
Type of identification produced
(5
10.02.06 Submittal Requirements for Permits
A. Generally. Any permit submitted to the County must meet the requirements for that
particular permit, as more specifically stated below.
1. Relation to state and federal statutes.
a. Required state and/or federal pennits. Where proposed use or development requires
state or federal development orders or permits prior to use or development, such
development orders or permits must be secured from state or federal agencies prior to
commencement of any construction and/or development, including any changes in land
configuration and land preparation.
b. Developmentof regional impact. Where a proposed use or development is a
development of regional impact (DRI), it shall meet all of the requirements of F.S. ch.
380, as amended, prior to the issuance of any required county development orders or
permits and commencement of construction or development. Submission of the
application for development approval (ADA) for a DRI shall be simultaneous with the
submission of any rezoning and/or conditional use application or other land use related
petition required by this Code to allow for concurrent reviews and public hearings before
both the planning commission and the BCC of the ADA and rezone and/or conditional
use applications. The DRI and rezone and/or conditional use shall be approved prior to
the issuance of any required county development orders or permits and
commencement of construction or development.
2. No approval of the final subdivision plat, improvement plans or authorization to
proceed with construction activities in compliance with the same shall require Collier
County to issue a development order or building permit if (1) it can be shown that
issuance of said development order or building permit will result in a reduction in the
level of service for anypublic facility below the level of service established in the Collier
County growth management plan, or (2) if issuance of said development order of [or]
building permit is inconsistent with the growth management plan. Anything in this
section to the contrary notwithstanding, all subdivision and development shall comply
with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and
the growth management plan.
B. Building or Land Alteration Permits.
1. Building or land alteration permit and certificate of occupancy compliance process.
a. Zoning action on building or land alteration pennits. The County Manager or his
designee shall be responsible for determining whether applications for building or land
alteration permits, as required by the Collier County Building code 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
f.p
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.
~
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BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No. CESD20080016167
Gabino Medina Jr.
Respondent( s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Gabino Medina Jr, on behalf of himself enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CESD20080016167 dated the 10th day of December, 2008.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for August 27, 2009; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ <6'4.11 incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by: Must apply for and obtain a Collier County Building permit or
Demolition permit and request required inspection to' be performed and pass thru a certificate of
completion/occupancy within 120 days of this hearing or a fine of $250.00 per day will be
imposed.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investigator perform a site inspection to confirm compliance.
(24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
notification must be made on the next day that is not a Saturday, Sunday or legal holiday.)
4) Th the espondent fails to abate the violation the County may abate the violation and may use the
a sistanc f e Collier County Sheri's Office to enforce the provisions of this agreement and all
051.2 bm~ea e~sedl Ihepropertyowner. ~
Respondent or Representative sign Diane Flagg, Director tfnot.-J
/1 /-'1 '. .' 2~i /',~ Code Enforcement Department
C9;Jb/;ViJ It (d/~j,4 3/V/tJ7
Respondent or Representative (print) Date
f--t-j-09
Date
REV 4/24/09
BOARD OF COUNTY COMMISSIONERS
Collier County, Florida
Petitioner,
vs.
Case No. CESD20080016167
Gabino Medina Jr.
Respondent( s),
STIPULATION/AGREEMENT
COMES NOW, the undersigned, Gabino Medina Jr, on behalf of himself enters into this Stipulation and
Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number
CESD20080016167 dated the 10th day of December, 2008.
In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which
a hearing is currently scheduled for August 27, 2009; to promote efficiency in the administration of the code
enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the
parties hereto agree as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence.
THEREFORE, it is agreed between the parties that the Respondent shall;
1) Pay operational costs in the amount of $ <6'4.1' incurred in the prosecution of this case within 30
days of this hearing.
2) Abate all violations by: Must apply for and obtain a Collier County Building pennit or
Demolition pennit and request required inspection to be performed and pass thru a certificate of
completion/occupancy within 120 days of this hearing or a fine of $250.00 per day will be
imposed.
3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request
the Investiaator perform a site inspection to confirm compliance.
(24 hours noUce shall be by phone or fax and made during the workweek. If the vlolaUon Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the
noUflcatlon must be made on the next day that Is not a Saturday, Sunday or legal holiday.)
4) Th the espondent fails to abate the violation the County may abate the violation and may use the
a sistanc f e Collier County Sheri's Office to enforce the provisions of this agreement and all
os! b m~e a e sed I the property owner. ~
Respondent or Representative 'sign Diane Flagg, Director tf'noW
at";~, ;Z/"cb4/Al vd. COd8j'v;0;oeparbnent
Respondent or Representative (print) Date
f--tj-09
Date
REV 4/24/09
COLLIER COUNTY CODE ENFORCEMENT BOARD
CESD20080016167
Board of County Commissioners, Collier County, Florida
Vs.
Gabino Medina Jr.
Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as arnended,
Section 1O.02.06(B)(1)(a)
Maria Rodriguez, Code Enforcement Official
CESD20080016167
DESCRIPTION OF VIOLATION: Additions erected without first obtaining a Collier County
Building permit.
RECOMMENDATION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. Must apply for and obtain a Collier County Building permit or Demolition permit
and request required inspection to be performed and pass thru a certificate of
completion/occupancy within days of this hearing or a fine of $ per day
will be imposed.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
COUNTY EXHIBIT A
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
vs.
Fabian Hernandez, Respondent
DEPT No. CESD20090004113
ITEM
PAGE(S)
Notice of Hearing
Statement of Violation and Request for Hearing
Notice of Violation
Copy of Applicable Ordinance
Deed
1
2
3-4
5
6-7
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20090004113
vs.
HERNANDEZ. FABIAN, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Activities Prior to Permit22-26(b)(104.1.3.5)
LOCATION OF VIOLATION: 1112 Jefferson AVE W Immokalee, FL
SERVED:
HERNANDEZ, FABIAN, Respondent
Weldon Walker, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON Ifv1TH A DISA8iUTf WrlO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICiPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARiNG IMPAiRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en eI iclioma Ingles. Servicios the traduction no sera.'i disponibles en la audiencia y usied sera responsable de proveer su propio traductor, para W1 mejor entendimiento con 1as
comunicaciones de esle eventa. Por favor traiga su propjo traductor.
1.
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
DEPT CASE NO. CESD20090004113
HERNANDEZ, FABIAN, Respondent(s)
STA TEMENT OF VIOLA TION AND
REQUEST FOR HEARING
Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code
enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described
herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons:
1. Violation of Ordinance( s Collier County Code of La ws, Chapter 22 Buildings and Building Regulations, Article
II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(l04.1.3.5)
2. Description of Violation: Exterior wall erected, windows replaced, electrical installed prior to
obtaining Collier County permits.
3. Location/address where violation exists: 1112 Jefferson Avenue, Immokalee, FL 34142(folio #
63852120007).
4. Name and address of owner/person in charge of violation location. Fabian Hernandez, 812 Nassau
Street, Immokalee, FL 34142.
5. Date violation first observed: April 10th, 2009
6. Date owner/person in charge given Notice of Violation: April 10th, 2009.
7. Date onlby which violation to be corrected: May lOl\ 2009.
8. Date ofre-inspection: July 16th. 2009.
9. Results of Re-inspection: Violation Remains.
STATE OF FLORIDA
COUNTY OF COLLIER
Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation
continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the
violation should be referred to the Collier County Code Enforcement Board for a public hea ing.
Dated this 2of"\ day of July, 2009
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before thiZOday of...hJL.~ ,2009 by LJe:.u..o/'oJ 0~
re of Notary Public)
Personaiiy known V or produced identification_
Type of identification produced
(Print/Type/Stamp Commissioned
Name of Notary Public)
NOTARY PUBIJC-STATE OF FLORIDA
......'.......,'. Jennifer E. Waldron
{ _ j Co~mission # DD823767
......"...... Exprres: SEP. 17, 2012
IHjlqlllJj:j 'rnll~ ^Th/tNTIG BGNDlNG 90'1 INC.
&(
REV 3-3-05
Case Number: CESD20090004113
Date: April 10, 2009
Investigator: Weldon J Walker Jr.
Phone: 252-5302
COLLIER COUNTY CODE ENFORCEMENT
NOTICE OF VIOLATION
Owner: HERNANDEZ, FABIAN
812 NASSAU ST
IMMOKALEE, FL 341422214
Location: 1112 Jefferson AVE W Immokalee, FL
Unincorporated Collier County
Zoning Dist: RSF-3
Property Legal Description: NEWMARKET SUBD BLK 8 LOT 11
Folio: 63852120007
NOTICE
Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, 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: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and
Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section
22-26(b )(104.1.3.5)
A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site
development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited
prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork,
placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where
minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.:
Violation Status - Initial
DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S).
Did Witness: On site observed what appeared to be a wall being replaced without permits.
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 AND / OR Must remove said structure/improvements, including materials from property
and restor~~
ON OR FORE: 05/10/2009 )
Failure correct violations result in:
1) Mandatory n . ar 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.
INQUIRIES AND COMMENTS SHOULD BE
DIRECTED TO CODE ENFORCEMENT
2800 North Horseshoe Dr, Naples, FL 34104
Phone: 239 252-5302 FAX: 239252-2343
Ib V'
s
Printed Name of Recipient
Date
U
i
ARTICLE II. FLORIDA BUILDING CODE*
*Editor's note: Ord. No. 02-01,9 1, adopted Jan. 8,2002, provided for the adoption of
the Florida Building Code to read as herein set out. Section 3 of said ordinance provided
for the repeal of article II, 9922-26--22-35 and 22-46--22-57, pertaining to the Building
Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the
Code Comparative Table for a detailed analysis.
Cross references: Fire safety standards, 958-26 et seq.
Land development code reference--Building board of adjustment and appeals, div. 5.4.
Sec. 22-26. Adoption and amendment of the Florida Building Code.
(a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001
edition (FBC), to be enforced by Collier County in the unincorporated portions of the
County.
(b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby
amended, as follows:
104.1.3.5. A building permit (or other written site specific work authorization such as for
excavation, tree removal, well construction, approved site development plan, filling, re-
vegetation, etc.) shall have been issued prior to the commencement of work at the site.
Activities prohibited prior to permit issuance shall include, but are not limited to,
excavation, pile driving (excluding test piling), well drilling, formwork, placement of
building materials, equipment or accessory structures and disturbance or removal of
protected species or habitat. Where minor clearing of underbrush can be accomplished
without protected habitat or species disturbance, permitting is not required.
Where test piles are required to establish bearing capacity for design purposes of a
project, prior to the issuance of a building permit, a test pile permit shall be obtained
before any piles are driven. All test pilings must be driven within the footprint of the
building and applicable fees shall be charged for the permit. At the time of applying for
the test piling permit the contractor shall provide, a bond, letter of credit or certified
check equal to 125% of the estimated cost of removing the test piling and grading the site
back to the condition it was in prior to the test piling in the event construction does not
commence. If the project does not proceed and the test piles need to be removed, then
they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test
piles are only allowed to remain exposed for a maximum of six (6) months.
6
2426411
An. 2tA( nr. 11~^
un. JtlU r IJ. JW
THIS INSTRUMENT PREPARED BY:
Thomas K. Boardman
BOARDMAN & SPILLER, P.A.
1400 North 15th Street, Suite 201
Inunokalee, Florida 34142
IIC010ID 1n OfFICIAL IICORDS of COLLIll eaCM!T, ~L
01/27/99 at 01:07PK DWIGHT I. BROC1, CLIRl
COIS 40C:~,CO
UC m 10.50
DOC-.lD ~81.00
Retn:
BOAlDMAI i SPILLIR
1400 PIPTIIITB ST N '201
IKMOlALl1 PL 34142
PREPARATION OF INSTRUMENT ONLY
Parcell.D. No.: 63852120007 and 63852160009
W ARRANlY DEED
the sum ofTEN DOLLARS
E nONS, to them in hand paid
e an ed, bargained, and sold to the
. r;jJ' uate, and being in the County
$
M k S bd' ~. 10. h I h f'
~ Mar. e! u IY1SIO. ~cot ln8 to t e p a~ t ereo In
~~~~lIier County, Flonda.
Tl.:ft . b' [-IE CI~q d . f d
1116 conveyance IS su ~ect to ease t-s;-resu lctlOns, an reservations 0 recor , as
well as to taxes for the current year.
TO HA VE AND TO HOLD in fee simple forever.
And the Grantors do hereby fully warrant the title to said land and, except as above, will defend the
same against the lawful claims of all persons whomsoever.
C:IKAUIDEEOS\ YZIpim.HcruocIoz.wpd
(y
tit OR: 2506 PG: 1381 ***
IN WITNESS WHEREOF, the Grantors have hereunto set their hands the day and year ficst
above written.
Signed and delivered in the presence of:
(Si~) icl~~'~V;'~'\IU
(Print) 1:\.t\"y c I I,v\ (
" , r(\ d. '", .
(Sign) I~ ~,. -l
(Print) ~
(--- -"1
t .~. f-_..
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..
. '_. '..- "
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was ac~wl.
Yzaguirre and Cynthia O. yzaguirre .,~~
Drivers License Nos. ~
V
0. Jl'tWl.__. -'lIlt...
: DPIII!I: o..IlIr 16. 2IlllO
........ ..... NIl ......-.
1-
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COLLIER COUNTY CODE ENFORCEMENT BOARD
CEB CASE NUMBER CESD20090004113
Board of County Commissioners, Collier County, Florida
Vs.
FABIAN HERNANDEZ
Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22 Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-
26(b)(104.1.3.5)
Weldon J Walker Jr., Code Enforcement Official
Department Case No. CESD20090004113
DESCRIPTION OF VIOLATION:
RECOMMENDA TION:
That the Code Enforcement Board orders the Respondent to pay all operational costs in the
amount of incurred in the prosecution of this case within 30 days and abate all violations by:
1. Obtain valid Collier County Building permit(s) for all unpermitted
construction/improvements to the house and get all inspections through certificate
of completion (CO) within days of the date of this hearing or a fine of $
a day will be imposed OR Obtain a demolition permit with all inspections and a
certificate of completion (CO) and remove any unpermitted
construction/improvements to the trailer/ shed within days of the date of this
hearing or a fine of $ a day will be imposed. Remove such waste to a site
suitable for such disposal.
2. The respondent must notify the Code Enforcement Investigator when the
violation has been abated in order to conduct a final inspection to confirm
abatement. If the respondent fails to abate the violation the county may abate the
violation and may use the assistance of the Collier County Sheriffs Office to
enforce the provisions of this order and all costs of abatement shall be assessed to
the property owner.
REV 4/24/09
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Ivan & Majorie Bloom & Charles T. Kennedy, Respondent
DEPT No. CESD20080011995
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
PAGE(S)
1
2
3-4
5
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080011995
vs.
IVAN & MARJORIE BLOOM & CHARLES T KENNEDY, Respondent(s)
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLA TION:
CO Required ATF Permits10.02.06(B)(1)(e)(i)
LOCATION OF VIOLATION: 660 94th AVE N Naples, FL
SERVED:
IVAN & MARJORIE BLOOM & CHARLES T KENNEDY, Respondent
Jonathan Musse, Issuing Officer
RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE.
HEARINGS TO BEGIN AT 9:00 AM.
PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses
and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original
and fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSIST ANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMJ TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conduc1da en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimienlo con las
comunicaciones de este evento. Por favor traiga su propio traductor.
1
--
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINES/LIEN
CEB CASE NO. CESD20080011995
Board of County Commissioners vs. Ivan & Majorie Bloom & Charles T. Kennedy,
Respondent(s)
Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended,
Sections 10.02.06.B.1.a, 1 0.02.06.B.1.e, and 10.02.06.B.1.e.i
Location:
660 94th Ave N. Naples, FL Folio # 62707640002
Description: Permit # 86-2172 for a room addition was expired without obtaining all the
inspections and certificate of completion.
Past
Order(s):
On April 23, 2009 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4449 PG 2449, for more information.
The Respondent has complied with the CEB Orders as of April 23, 2009.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of $7.487.29 See below.
Order Item # 2
Fines at a rate of$200.00 per day for the period between June 23,2009- July 29, 2009
(37 days) for the total of $7.400.00.
Order Item # 7
Operational Costs of $87.29 have not been paid.
&
Retn: ENVIRONMBNTAL SERVICES
CODE ENFORCEMENT
INTEROFFICE
ATTN: JEN WALDRON
4291085 OR: 4449 PG: 2449
RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL
05/05/2009 at 11:23AM DWIGHT E. BROCK, CLERK
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
REC FEE
18.50
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD200800ll995
vs.
NAN & MARJORIE BLOOM,
AND CHARLES T. KENNEDY,
Respondents.
/
FINDINGS OF FACT. CONCLUSIONS
OF LAW AND ORDER OF THE BOARD
THIS CAUSE havmg come before the Collier County Code Enforcement Board at public hearing on
April 23, 2009, and the Board, having heard testimony under oath, received evidence, and heard
respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and
Order of the Board, as follows:
1. That Ivan Bloom, Marjorie Bloom, and Charles T. Kennedy are the owners of the subject
property .
2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the
Respondents, having been duly notified, appeared at the public hearing.
3. That the Respondents were notified of the date of hearing by certified mail and by posting.
4. That the real property located at 660 94th Ave. N., Naples, FL, Folio 62707640002, more
particularly described as Lots 41 and 42, Block 49, of Naples Park Unit 4, according to the plat thereof
recorded in Plat Book 3, Page 7, of the Public Records of Collier County, Florida, is in violation of
sections 1O.02.06.B.1.a, 1O.02.06.B.1.e, and 10.02.06.B.1.e.i. of Collier County Ordinance 04-41, the
Land Development Code, as amended, in the following particulars:
Permit #86-2172 for a room addition was expired without obtaining all the inspections and
certificate of completion.
ORDER OF THE BOARD
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. 04-41, as amended, it is
hereby ORDERED:
That the violations of sections 1O.02.06.B.1.a, 1 O.02.06.B.1.e, and 1 0.02.06.B.1.e.i. of Collier
County Ordinance 04-41, the Land Development Code, as amended, be corrected in the following manner:
1. The Respondents shall pay all operational costs in the amount of $87.29 incurred in the
prosecution of this case within 30 days of this hearing.
3
*** OR: 4449 PG: 2450 ***
2. The Respondents shall obtain a Collier County building permit for any construction additions
or remodeling and obtain all inspections and certificate of completion within 60 days of this hearing, or a
fine of $200 per day will be imposed until the violation is abated.
3. The Respondents must notify the Code Enforcement Investigator when the violation has been
abated in order to conduct a final inspection to confirm abatement.
4. If the Respondents fail to abate the violation, the County may abate the violation and may
use the assistance of the Collier County Sheriffs Office to enforce the provisions ofthis Order with all
costs of abatement to be assessed to the property owner.
Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30)
days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited
to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this .~ day of April, 2009, at Collier County, Florida.
BY: 0
Gerald Lefebvre, air
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ~ay of April, 2009, by Gerald
Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally
knO\vn to me or -4 who has produced a Florida Driver's License as identification.
Lz/~ /7
"'"'~'~''''' ..' . '. I#; WaM~a:,
/4~>!l"~ WAN~A RODFlI~Lhd_ . NOTARY PUBL . )
~*: :~ CommissIon DO 83174J '--/
~~.....-;f.;'~/ ExpiresJanuary2UlO1,i . My commission expires:
'I;p'f"f';(.<' Bonded Thru Troy F:lIn IMlJrMili€ #OO''l8S.70!!i
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sen~Y..JJ: S. Mail to
Ivan & Marjorie Bloom, Charles T. Kennedy, P.O. Box 12379, Aspen, CO 81612 this...2(L'aay of
April, 2009.
,; i: c'; .. c. \,,: l, I Uf\.,'~, . C-
ounty ot COL4CER............ C~""/C1
.:~~ I,' .' ;'\' '_~'~~~::" SC:'\ <". '" 'f';.
HEREBY CERTI ff:,rHAr:ttU$ 'ls.i:t'rue ...
)rr' . CODY ~ra d?dument~:tlte!rn
OL AlnuteS."\an41~~:0c~W3~rif C,;ORler Goutt
'q"'ESS my no. ~;Pd:Ofn.ef.~\ a.l.thfa
f-"'-. Y of' . . ~.. :;. .~ -: .
V'Wdt".
JJwd" A Uu
Heidi Ashton-Ci6ko, Esq.
Florida Bar No. 966770
Attorney for the Code Enforcement Board
Office of the County Attorney
3301 East Tamiami Trail, Bldg. F
Naples, Florida 34112
(239) 252-8400
4
,
i'
------
L 4b.
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
AMG Properties, Inc., Respondent
DEPT No. 2007090454
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
P AGE(S)
1
2
3-8
9
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: 2007090454
vs.
AM G PROPERTIES INC, Respondent(s)
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
CO Required ATF Permits10.02.06(B)(1)(e)(i)
LOCATION OF VIOLATION: 3831 Arnold AVE Naples, FL
SERVED:
A M G PROPERTIES INC, Respondent
Kitchell Snow, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traducror, paT8 un mejor entendimiento con las
comunicaciones de este evento. Por favor traiga su propio traductor.
.1
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINESILIEN
CEB CASE NO. 2007090454
Board of County Commissioners vs. AMG Properties, Inc., Respondent(s)
Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended,
Section 10.02.06 (B)(l)(a), and 10.02.06 (B)(1)(e)(i)
Location:
3831 Arnold Avenue Naples, FL
Folio # 00278360006
Description: Construction/additions/remodeling done without proper permits
Past
Order(s):
On June 26, 2008 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4376 PG 0285, for more information.
The Respondent has not complied with the CEB Orders as of August 27,2009.
RECOMMENDA TION(S)
Issue an Order Imposing Lien in the amount of $61.902.49 See below.
Order Item # 1 and Order Item # 4
Fines at a rate of $200.00 per day for the period between October 25,2008- August 27, 2009
(307 days) for the total of$61.400.00. Fines continue to accrue.
Order Item # 7
Operational Costs of $502.49 have not been paid.
ex
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORlbA,
Petitioner,
CEB NO. 2007090454
Ys.
AMG PROPERTIES, INC.
Respondent
FINDINGS OF FACT, CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on June 26,2008, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That AMG Properties is the owner of the subject property.
.._. 2. _ That the C.odeEnforcement B_Q1!rdh!lsjuQ?dic!ionQJ)he person of the R~spondent and that the
Respondent, having been duly notified,-fiiJeiftoapp'e-ar at tnepublichearing.-
3. That the Respondent was notified of the date of hearing by certified mail and by posting,
4. That the real property located at 3831 Arnold Avenue, Naples, FL, Folio 00278360006, more particularly
described as (see attached legal) is in violation of Collier County Ordinance 04-41, the Land Development Code,
as amended, sections I 0.02.06(B)( I )(a) and I 0.02.06(B)( 1)( e)(i) in the following particulars:
Construction/additions/remodeling done without proper permits.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-4], the Land Development Code, as amended, sections
1 0.02.06(B)( I )(a) and I 0.02.06(B)( 1 )(e)(i) be corrected in the following manner:
I. By obtaining permits for all unpermitted construction/remodeling/additions of office space on
property and obtaining all inspections through certificate of completion within 120 days (October 24, 2008).
2. In the alternative, by obtaining a demolition permit-and removing any unpermitted
construction/remodeling/additions within 120 days (October 24,2008), restoring the building to its original
permitted state, and removing all construction waste to the appropriate site for such disposal.
3. By ceasing any activity that is not in compliance with and in accordance to the Land Development
Code of Unincorporated Collier County.
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4. That if the Respondent does not comply with paragraph I of the Order of the Board by October 24,
2008, then there will be a fine of $200 per day for each day until such time as the unpermitted
construction/remodeling has been permitted, inspected and CO'ed.
5. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board
by October 24, 2008, there will be a fine of $200 per day for each day until such time as the building is restored to
its pemlitted state and all unpermitted construction/remodeling/additions have been removed and all constructioll
waste has been removed to the appropriate site fOT such disposal.
6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $502.49 within 30 days.
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. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this \S1 day ofn.fl. ,2008 at Collier County,
Florida. ~
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORlDA
c:.
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ST A TE OF FLORIQA)
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this \ So 'lday o~ '-1
2008, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Fonda, who IS
_ personally known to me or ~ who has produced a Florida Driver's License as identification.
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M:'A';'~; MY COMMISSION II DO 686595 ,;
;'J~~~~i EXPIRES: June 18, 2011 I~
.7" "'r:'''-~' Bonded Thru Notary PublIC Underwnters '
II Ill\"\ ,
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NOTARY PUBLIC
My commission expires:
CERTIFICA TE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A.M.G.
perties, Inc., Jose A. Garcia, R.A., 7301 SW 57th Court, Suite 500, South Miami, FL 33143 this l S I day of
~ ,2008. -
~,2~q~
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
y
tit
2190750 OR: 2319 PG: 2840
UCOlDlD 11 aflICUJ. UCO~l of COLLIn com!, lL
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Property Appraiser's
Parcel Identification No. 0278360006
prepared by:
MICHAEL F. HORN1.1NG, I>.TTORNEY A.T LAW
13515 BELL TDWER DRIVE, SUITE 300
FORT MYERS, FLORIDA 33907
125-97 -
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--------------- [Space above this line for recording data.)------------
WARRANTY D~ZD (STATUTORY FORK - SeCTION 689.02. F.B.)
THIS INDCNTURE. made this 30th day of May, 1997, Bet~~en KI~ HOLTON, as
CIUll'TOlt., whose address is 6095 Waterway Bay Drive, Fort Myers. Florida
3390B, and A.M.G. PROP~RTIEB. INC.. a Florida corporation, as GRANTEt.,
whose address is c/o Jose A. Garcia, President. 3510 N.W. 60th Street,
Miami, Florida 33142;
WITNZSSCTH that said Grantor, for and in conSideration of the sum of TEN AND
ND/100'S DOLLARS ($10.00). and other good and valuable considerations to
said Grantor in hand paid by said Grantee, the receipt whereof is hereby
ackno....ledged, has granted, bargained and sold to the said Grantee, and
Grantee's heirs and assigns forever, the following described land, situate,
lying and being in Collier coun~-Wit:
SEE' aKIn! "A" ATTACHI'D () :?\l~UOP' BY RUnENC~.
SOBJECT TO ...ament..;r.. iotion. and r...rva on.~of r.cord, and propsrty
t&x.. for ths currsni y r~ n \
ntIa IS NO'!' NOW. NJ ~mz L j . PRO'P~lt'I'Y or GRJ.NTOR. irIS
..00.. .R ""nY, >loR K' lu~~T J
and said Gr~ntor dol~~fu wa Q t t~ ~ 0 said land, and wlll
defend the same agai~. .._,\ the lawful clai~if'f rl Slaona whomsoever.
· "GRANTOR" and .G~k" are used fO~9!-ll~ plural, as context
requires. T ,. "-J ()
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IN WITHJ:SS WKl:UOP'. Granto -<liai' . s(.,t\..Ot': tor's hand and seal the day
and year first above written. iJfl! C:.ltc
Signed, sealed and delivered in our prese~~
~{J-'1~- ,~~ /Il..
sigr.a~itness MIKE HOLTON
Print Name. ~1:ILY.A...-:: C.,Ov'/NS
D~/')~ ~ I? 1:1.1 A....^-
Slgnature of Witness~
Print Name 5,) s.::::tn I q/'" n:(JL
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STATE OF FLORIDA; CDUNTY c..:. ~..e...e._
The foregoing instrument was acknowledged before me this ~~y of ~~y.
1997. by XIn HOLTON, who is D~ykn-o.;m ~5"e, or ...ho .produ~ed -:--
~ as loentlflcatlon.
JMt
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My commission expires:
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SEE EXHIBrr-A- ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE.
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COLLIER COUNTY CODE ENF
INTEROFFICE
ATTN: jEN WALDRON
A~36a~7 no. AA1A D~. ~~~Q
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RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL REC FEE
12i02i200B at 08:50AM DWIGHT E. BROCK, CLERK
IB,50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER GOUNTY, FLORIDA,
_r':.".
Petitioner,
CEB NO. 2007090454
vs.
AMG PROPERTIES, INC.
Respondent
ORDER ON MOTION FOR EXTENSION OF TIME
THIS CAUSE came on for public hearing before the Board on November 20, 2008, on the Respondents'
Motion for Extension of Time, and the Board having heard considered the matter, and being duly advised in the
premises, hereby DENIES the said Motion.
ORDER OF THE BOARD
Based upon the foregoing, a.ndpursuant to the authoritYgranted in Chapter 162; Florida Statutes, and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Extension of Time is DENIED.
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. Filing an Appeal shall not stay the Board's Order.
....Lv.... '
DONE AND ORDERED this ;< 5. day of rJ 0\.) . ,2008 at Collier County,
Florida.
stN or rLOklDA
.:oUnty of COllIER
CODE ENFORCEMENT BOARD
COLLI COUNTY, FLO D
I HEREBY CERTIFY THAT thrs Is a true aM
:orrect CODY ot a 00 "::U;il ?fit on file In
Board Minutes an;i,j<2~~>.:::;;:':-';'.otCo!lier County
~E~~yr:f ~~~?flb~iS
-i..::,,"" ,," ~
:JWIGHT E. BR.OcK, CLfRKOF ~um
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STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this~5'day of /00 \1 ,
2008, by Gerald Lefebvre, Chair of the ~e Enforcement Board o~ Colli~r Coun~, Florid~, Wh.ois .
_ personally known to me or ~ who has produced a Flonda Dnver's LIcense as IdentIficatlon.
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KRISTINE HOLTON =:::d,; K,~tv,~
MY COMMISSION # DD 686SSNOT AR Y PUBLIC
EXPIRES: June 18 2011 Ifl .. .
Bonded Thru Notary Public underwrite~~fOmlmSSlOn expIres:
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to A.M.G.
Properties, Inc., Jose A. Garcia, R.A., 7301 SW 5ih Court, Suite 500, South Miami, FL 33143 this t~5\-aay of
,', -
\"---XlJ , 2008.
a~~
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
N-aples, Florida 34102
(239) 263-8206
~
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Mark A. Goodman, Respondent
DEPT No. CESD20080006858
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
P AGE(S)
I
2
3-4
5
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case:CESD20080006858
vs.
GOODMAN. MARK A, Respondent(s)
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Improvement Prior to Building Permit10.02.06(B)(1)(e)
LOCATION OF VIOLATION: 1348 Highlands DR Naples, FL
SERVED:
GOODMAN, MARK A, Respondent
Ron Martindale, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACfON: 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 even to. Per favor traiga su propio traductor.
1.
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINES/LIEN
CEB CASE NO. CESD20080006858
Board of County Commissioners vs. Mark A. Goodman, Respondent(s)
Violation(s): Collier County Code of Laws, Chapter 22, Buildings and Building Regulations,
Article II, Florida Building Code, Adoption and amendment of the Florida
Building Code, sections 22-26(b)(l04.1.3.5), Florida Building Code 2004
Edition, Chapterl, Sections 105.1, 22-26(b)(l04.1.3.5)
Location:
1348 Highlands Dr. Naples, FL
Folio # 29782200002
Description: Prohibited activities prior to permit issuance, permit application when required,
improvement of property prior to issuance of building permit
Past
Order(s):
On February 26, 2009 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4434 PG 1379, for more information.
The Respondent has not complied with the CEB Orders as of August 27,2009.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of$12.288.14 See below.
Order Item # 1 and Order Item # 3
Fines at a rate of $200.00 per day for the period between June 28, 2009- August 27, 2009
(61 days) for the total of $12.200.00. Fines continue to accrue.
Order Item # 7
Operational Costs of$88.14 have not been paid.
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD20080006858
vs.
MARK A. GOODMAN,
Respondent
FINDINGS OF FACT, CONCLUSIONS
OF LA W AND ORDER OF THE BOARD
THIS CAUSE came on for public hearing before the Board on February 26, 2009, and the Board, having heard
testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its
Findings of Fact, Conclusions of Law, and Order of the Board, as follows:
I. That Mark A. Goodman is the owner of the subject property.
2. That (he Code Enforcement Board has jurisdiction of the person of the Respondent and that the
Respondent, having been duly notified; appeared at thepublic hcaring.
3. That the Respondent was notified of the date of hearing by certified mail and by posting.
4. That the rea! property located at 1348 Highlands Drive, Naples, FL, Folio 29782200002, more particularly
described as Lot 15, Block E, Decker Highlands Subdivision, per Plat in Plat Book I, Page 80, Public Records of
Collier County, Florida is in violation of Collier County Code of Laws, Chapter 22, Buildings and Building
Regulations, Article II, Florida Building Code, Adoption and amendment of the Florida Building Code, sections
22-26(b)(] 04.1.3 .5), Florida Building Code, 2004 Edition, Chapter], Sections 105.1, 22-26(b)( ] 04.1.3 .5) in the
following particulars:
Prohibited activities prior to permit issuance, permit application when required, improvement of property
prior to issuance of building permit.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Code of Laws, Chapter 22, Buildings and Building Regulations,
Article II, Florida Building Code, Adoption and amendment of the Florida Building Code, sections 22-
26(b)(' 04.1.3.5), Florida Building Code, 2004 Edition, Chapter], Sections] 05. J, 22-26(b)( I 04.1.3.5) be corrected
in [he following manner:
1. By obtaining Collier COllnty Building permit, all inspections through certificate of occupancy within
'20 clays (June 27, 2009).
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2. [n the alternative, by obtaining a demolition permit, all inspections through certificate of completion
within 120 days (June 27, 2009). All construction waste must be moved to an appropriate site for such disposal.
3. That if the Respondent does not comply "",ith paragraph I of the Order of the Board by June 27, 2009,
then there will be a fine of$200 per day for each day until the violation is abated.
4. That if the Respondent does not comply with paragraph 2 of the Order of the Board by June 27,
2009, there will be a fine of $200 per day for each day until the violation is abated.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the
assistance of the Collier County Sheriffs Office to enforce the provisions of this order.
7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $88.14 within 30 days.
AllY 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 IlOVO, but shall be limited to appellate
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~ day of I" lr.l;\t.h, 2009 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLI COUNTY, FLORIDA
STATE OF FLORIDA
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ?)~j) day of \") \CLu',h
2009, by Gera Id Lefebvre, Chair of the Code Enforcement Board of Co llier County, Florida, who is
_ personally known to me or ~ who has produced a Florida Driver's License as identification.
_K/\~jtv'\vt--\-{) .Q h~
NOTARY PUBLIC
My commission expires:
t~~&!!\\:r.~~~
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KRISTINE HOLTON
MY COMMISSION # DD 686595
EXPIRES: June 18, 2011
Bonded TIlru Notary Public Underwriters
CERTIFICA TE OF SERVICE
r HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Mark A.
Goodman, 1348 Highlands Drive, Naples, FL this Lj+)..-- day of (I \(..~.A~ h. 2009.
/~~
State 01 F \..0iill)t',
.:;ounty of COLLIER
I HEREBY CERTlf~~ JlHI}\\Tih!s l'; a true a!'>>O
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COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20080006858
COLLIER COUNTY-
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Mark A. Goodman, Defendant(s)
AFFIDAVIT OF NON-COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLlER
BEFORE ME, the undersigned authority, personally appeared Ronald Martindale, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on February 16, 2009, 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 4434 PG 1379.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on 6/29/09.
4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in
compliance with the following conditions: By obtaining required Collier County Building or, Demolition
-- I:.ermit{s) ai1d ipspections throughto issuance of a Certificate ofGccupancy/Compl-~tion;.:..: '. __.
FURTHER AFFIANT SA YETH NOT.
Dated 29 June, 2009.
COLLIER COUNTY, FLORIDA
NFORCEMENT BOARD
Ron ld Martindale
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLlER
Sworn to (or affmned) and subscribed before me this 29 day of June 2009 by Ronald Martindale.
(signa'bary Public)
l<lTARY PUBIJC-STATE OF FLORIDA
...'..........-;. Maria W. Hernandez
t..} Co~.sion # DD857656
........., EXPIreS. FEB. 03, 2013
EONDED 1'HRU ATUNTIC BONDING co. me.
(PrinUT ype/Stamp Commissioned
Name of Notary Public)
Personally known ..J
REV 1/9/08
o
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD20080006858
vs.
MARK A. GOODMAN,
Respondent.
/
ORDER NOT IMPOSING FINE/LIEN
THIS CAUSE having come before the Collier County Code Enforcement Board at public
hearing on August 27, 2009, on County's Motion for Imposition of Fines/Liens, and the Board
having heard the matter and being duly advised in the premises; and
WHEREAS, this matter was heard by the Code Enforcement Board on February 26,
2009, after due notice to Respondent at which time the Board heard testimony under oath,
received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued
its oral Order which was reduced to writing on March 3, 2009 and furnished to Respondent and
was recorded in the Public Records of Collier County, Florida at OR Book 4434, PG 1379, et.
seq. on March 11,2009; and
WHEREAS, the operational costs incurred in the prosecution of this case in the amount
of$88.14 have not been paid by Respondent; and
WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code
Enforcement Official, which Affidavit certified under oath that the required corrective action has
been taken as ordered; and
WHEREAS, it having been brought to the Board's attention that Respondent has
complied with the Order dated March 3, 2009, and
WHEREAS, the Board having considered some or all of the following: (a) the gravity of
the violation; (b) actions taken by Respondents 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 amount of the time necessary to correct the violation; (f) the value of the real
estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the
Respondents; (h) the time and cost incurred by Code Enforcement to have the violation corrected
and (i) any other equitable factors, it is hereby
ORDERED that the fines proposed against Respondent, MARK A. GOODMAN, shall
not be imposed if the operational costs are paid within 10 days of this order.
ORDERED that if operational costs are not paid within ten days of this order, then
Respondent, MARK A. GOODMAN, shall pay to Collier County fines in the amount of
$11,800.00 for the period of June 28, 2009 through August 25, 2009 (59 days) at a rate of
$200.00 per day, plus $88.14 for the operational costs incurred in the prosecution of this case for
a total of $11 ,888.14.
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. Filing an Appeal shall not
stay the Board's Order.
DONE AND ORDERED this i/~ day of September, 2009, at Collier County, Florida.
B
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this is!t day of September,
2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who
is f.-/ personally known to me or _ who has produced a Florida Driver's License as
identification.
~~i''''~t~ WAN~A ~ODRIGUEZ
f*: ~~ CommiSSion DO 631743
~. .....?.f~l Expires January 21, 2011
l)f.Rr.,r,..~ Bondod T1wu Troy Faillnaurance 1lOO-31J6.701~
dJtW'~~
NOTARYPUBLI .
My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.
Mail to Mark A. '''Gb6d:rllan, 1348 Highlands Drive, Naples, FL 34103 this ~ day of
September, 2009. JJ
,( cL.. A- C/{U
H illI ASHTON-CICKO, ESQUIRE
Florida Bar No. 966770
Attorney fGr the Code Enforcement Board
. . .. OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 252-8400
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Joseph Ferio Francois, Respondent
CEB No. 2006-52
DEPTNo.2006010965
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
P AGE(S)
1
2
3-4
5
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: 2006010965
vs.
JOSEPH FERIO FRANCOIS, Respondent(s)
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
MAINTENANCE OF BUILDING AND STRUCTUREShse-9683-96-83
LOCATION OF VIOLATION: 125 Boston AVE Immokalee, FL
SERVED:
JOSEPH FERIO FRANCOIS, Respondent
Jeff Letourneau, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCA TED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-<1800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera ;onducida en el idioma lngles. Servicios the traduccion no seran disponibles en 18 audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las
comunicaciones de este even to. Par favor traiga su propio traductor.
.1.
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINES/LIEN
CEB CASE NO. 2006-52
CASE NO. 2006010965
Board of County Commissioners vs. Joseph Ferio Francois, Respondent
Violation(s): Collier County Ordinance 2004-58, the Housing Code, section 11
Location:
125 Boston Ave. Immokalee, FL
Folio # 2558032007
Description: A structure that has been severely damaged b fire and now has been designated
as a "hazardous building" by the Fire Inspector
Past
Order(s):
On October 26, 2006 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4325 PG 2991, for more information.
The Respondent has complied with the CEB Orders as of December 8, 2008.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of $48.319.79 See below.
Order Item # 1 & 2
Fines at a rate of $250.00 per day for the period between May 30, 2008- December 8, 2008
(192 days) for the total of $48.000.00.
Order Item # 6
Operational Costs of $319.79 have not been paid.
&
Retn:BBIDISl RAllO
COLLIIl COunt CODI IllOlCIUI
2800 . 80lS18801 DI CDIS BLDG
CODE ENFORCEMENT BOARDIAPLBS lL 3U04
COLLIER COUNTY, FLORlDA
4123364 OR: 4325 PG: 2991
RlCORDID in OffICIAL IlCOIDS of COLLIBI COURTY, fL
01/31/2008 at 11:0411 DIIGHT I, BIOCr, CLBII
lie PlB 18.50
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
QCJS\-O 01 di Lo5
Petitioner,
CEB NO. 2006-52
vs.
JOSEPH FERIO FRANCOIS,
Respondents,
/
4. That the real property located at 12
THIS CAUSE came on for public hearin
testimony under oath, received eviden ,
Findings of Fact, Conclusions of La , and
I.
A structure that has been severely damaged by fire and now has been designated as a "hazardous building"
by the Fire Inspector.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-4 I, it is hereby ORDERED:
That the violations of Collier County Ordinance No. 2004-58, the Housing Code, section I I be corrected
in the following manner:
I. By obtaining a Collier County Building Permits, all required Inspection, and Certificate of Occupancy
and restoring the structure to a safe and permitted condition within six months (May 29, 2008).
3
ttt OR: 4325 PG: 2992 tit
2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 29, 2008 ,
then there will be a fine of $250 per day for each day for each day the violation remains.
4. That if the Respondent does not comply with paragraph 1 of the Order of the Board by May 29, 2008,
then the County Code Enforcement may demolish the building and assess the costs to the Respondent.
5. That the Respondent is to notify Code Enforcement officials that the violation has been abated
and request the Investigator to come out and perfonn the site inspection.
6. That the Respondent are ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $319.79 within 30 days. .
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. Filing an Appeal shan not stay the Board's Order.
DONE AND ORDERED this 5th day of December, 2007 and re-signed this 3!2 day of /L ,
2008, nunc pro tunc at Collier County, Florida. 1--
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORJDA
ICRIS1'IE tnlON
'. NY C()t.NISSION' DO 686595
. . EXPIRES: J\Ile 18, 2011 .
IlcJndod 1MI NaWr N>Ic ~
STATE OF FLORJDA )
)8S:
COUNTY OF COLLIER)
The foregoing instrumen was
2008, by Sheri Barnett, Chair of
_ personally known to me 0
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to to
Joseph Ferio Francois, 136 Napa Ridge Way, Naples, Florida 34114 this ~day of~" . , 2008.
:itate 01 f L.ORIOA
.:ounty of COLLI ER
I HEREBY ~RnFYl'HAT thIS Is a true and
\Orrect copy'ot aooc.t,lInerlt ,on, fi Ie In
:- ., Mintltes' ana r~~::ms-j)f Collier Count)
J, JESs.: my: ~~ seal this
~d~Of'.'~ "
~ . . ~..lL\V ....~
I)WIGHT E. BROC,K. CLE~ OF COURTS
~~t...\y ~ . a-/
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/7
M. Jean
Florida ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
- .~"'--'
4
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
~
CEB CASE NO.2006-52
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Joseph Ferio Francios, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
I. That on October 26th, 2006, 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 4309 PG 1355, et. seq.
2. That the respondent .contact the investigator.
3. That a re-inspection was perfonneq-on December Sth,200S.
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 Demolition Permit, all required inspections, & Certificate of
Completion. Building and all related debris were removed from the property, & Certificate of Completion was
issued on December Sth, 2008..
FURTHER AFFIANT SA YETH NOT.
DatedDecember , 11 th, 2008.
COLLIER COUNTY, FLORIDA
ENFORCEMENT BOARD
Je etourneau
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
S" to ~r a~rme ~d subscribed before me this December, II th, 2008 by Jeff Letourneau.
Yn cit,'t.4 ~
(Signature of Notary Pu ic)
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known ...J
NOTARY PUBIJC.ST^;~ ("1]'1' F'10RIDA
,..........,... Indira R~jah
~~ JCo~missioil #DD727241
',."....,.,., ExpJres: DEC. 07,2011
BONDED THRU ATLANTIC BONDING CO" INe.
Rev 1/9/2008
5
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2006010965
vs.
JOSEPH FERIO FRANCOIS,
Respondent.
/
ORDER NOT IMPOSING FINEILIEN
THIS CAUSE having come before the Collier County Code Enforcement Board at public
hearing on August 27, 2009, on County's Motion for Imposition of Fines/Liens, and the Board
having heard the matter and being duly advised in the premises; and
WHEREAS, this matter was heard by the Code Enforcement Board on October 26, 2006,
after due notice to Respondent at which time the Board heard testimony under oath, received
evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued its oral
Order which was reduced to writing on December 5, 2007 and re-signed on January 30, 2008 and
furnished to Respondent and was recorded in the Public Records of Collier County, Florida at
OR Book 4325, PG 2991, et. seq. on January 31,2008; and
WHEREAS, the operational costs incurred in the prosecution of this case in the amount
of $319.79 have been paid by Respondent; and
WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code
Enforcement Official, which Affidavit certified under oath that the required corrective action has
been taken as ordered; and
WHEREAS, it having been brought to the Board's attention that Respondent has
complied with the Order dated January 31,2008; and
WHEREAS, the Board having considered some or all of the following: (a) the gravity of
the violation; (b) actions taken by Respondents 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 amount of the time necessary to correct the violation; (f) the value of the real
estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the
Respondents; (h) the time and cost incurred by Code Enforcement to have the violation corrected
and (i) any other equitable factors, it is hereby
ORDERED that the fines proposed against Respondent, JOSEPH FERIO FRANCOIS,
shall not be imposed.
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. Filing an Appeal shall not
stay the Board's Order.
DONE AND ORDERED this 3(~ day of September, 2009, at Collier County, Florida.
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 3rd day of September,
2009, by Oerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who
is \,,/ personally known to me or _ who has produced a Florida Driver's License as
identification.
....,.~....... 11I.t.NPI.t. n~~-'
''<fl\i(j.r~ "" W't.
~: :*i CommllllM
~. ~ I'IIJIIlY@ , ,.,
,W.. ~flwfr6;'FIR~ :J:M
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My commission expires:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sem by U. S.
Mail to Joseph Ferio Francois, 136 Napa Ridge Way, Naples, FL 34114 this CJJ!:--day of
September, 2009.
JJ:s~ofL/!~QUUlli
Florida Bar No. 966770
Attorney for the Code Enforcement Board
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
. ~~ples, fk>rida 34112. .
: (239) 2~2':'8400 .
TABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Klemco, LLC., Respondent
DEPT No. CESD2009000207l
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit( s)
IOF Table of Contents
P AGE(S)
1
2
3-7
8
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20090002071
vs.
KLEMCO LLC, Respondent(s)
GOODMAN BREEN & GIBBS, Registered Agent
Goodman, Kenneth D, Registered Agent
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Building Permit LDC1O.02.06(B)(1)(a)
LOCATION OF VIOLATION: Olde Cypress Subdivision Folio# 00185880006
SERVED:
KLEMCO LLC, Respondent
Goodman Breen & Gibbs, Registered Agent
Goodman, Kenneth D., Registered Agent
Jeff Letourneau, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
1-
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINESILIEN
CEB CASE NO. CESD20090002071
Board of County Commissioners vs. Klemco, LLC., Respondent(s)
Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended,
Section 10.02.06(B)(2) and 10.02.06(B)(2)G)
Location:
Folio # 00185880006 Naples, FL
Description: Property was semi-developed during SDP application under Early Work
Authorization (EW A) and then subsequently abandoned.
Past
Order(s):
On March 26, 2009 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4442 PG 2238, for more information.
The Respondent has complied with the CEB Orders as of July 7, 2009.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of $44.528.00 See below.
Order Item # 2
Abatement cost of $44.528.00 incurred by county has not been paid.
Order Item # 3
Operational Costs of $87.29 have been paid.
cQ
letn:
COLLIII COUlff CODI liP
ImlOllICI
ATfI: JI. IALDRO.
4281507 OR: 4442 PG: 2238
RICORDID in tbe OPPICIAL RICORDS of COLLIIR COUllT, PL
04/09/2009 at 09:0911 DIIGH! I. BROCI, CLIIE IIC III
44. 00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD20090002071
vs.
KLEMCO, LLC.
Respondent
/
2.
THIS CAUSE came on for public hearing
testimony under oath, received evidence
Findings of Fact, Conclusions of Law n
1. That Klemco, LLC is the
That the Code Enforcem
pondentandthatthe
3.
Property was semi-developed during SDP app 1
subsequently abandoned.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41, the land Development Code, as amended, sections
10.02.06(B)(2) and 10.02.06(B)(2)0) be corrected in the fo1\owing manner:
I. By abating a1\ violations within 7 days (April 2, 2009).
2. If the Respondent does not abate the violation by April 2, 2009, then the county is to immediately
abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order. All costs of abatement are to be assessed to
the property owner.
3. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$87.29 within 30 days.
3
OR: 4442 PG: 2239
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. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~ day of 0 ~ ,2009 at CoIlier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
......10;::... KRIST1NE HOLTON
..~>>:.~\ MY COMMISSION' 00 666595
~. i~ EXPIRES: J\Ile 18,2011
~~.Rf"\'ol" BandId TbnI MalIIY NIle
!lC'lo~
en .
.3 dayof ~ '
County, Flonda, who is
's License as identification.
The foregoing instrument was acJcno
2009, by Gerald Lefebvre, Chair of the Co
_ personally known to me or
s produced a Flon
I HEREBY CERTIFY that
LLC, Kenneth D. Goodman, 6622 N '
wson, Esq.
Flo Ida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
:ilar. 01 h.QR'~
:OUmyorCOWER
I HEREBY CERTlFY:rt.tPtMI.......
:orrect CODY otl"~:~ fill..
JOIIrd Mln_...~!
~~~CalIIIr..-1f.
. p, . . ' . nil WI
. r~ '. ~.;'. " .~" . :
~E.'~..:;;...' "'CLERK." ~CIUIII
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v/ Nominal Consideration
Minimum State Documentary Stamps: .70~
This instrument was prepared without legal opinion by and, after
~rding. should be returned to:
<<nneth D. Goodman, Esquire
Goodman Breen & Gibbs
3838 Tamiami Trail North, Suite 300
Naples, Florida 34103
239-403-3000
4251489 OR: 4420 PG: 2781
RECORDID in OFFICIAL RlCORDS of COLLIIR COUITT, PL
01/16/2009 at 12:20PK OiIGIT I. BIOCI, eLI11
ucm 27.00
DOC-.70 .70
lletn:
GOODW BUll IT AI.
3831 TAlIAI! TI I '300
JAPLES lL JU03
UIT-CLAIM DEED
TIllS INDENTURE, made this /tJ day of January, 2009, between LoNNIE L.
GooDMAN, AS TRUSTEE OF THE GOoDMAN INVESTMENT TRUST DATED DECEMBER 8, 2008,
County of Mcintosh, State of Oklahoma, Grantor"', and KLEMCO, LLC, a Florida limited
liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples,
Florida 34103, Grantee"'.
)
WITNESSETH, That the Grantor, for and in consideration of the sum of TEN
DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said
Grantee, the receipt whereof is hereby acknow does hereby remise, release and quit-claim
to the said Grantee, and Grantee's heirs , the following described land, situate,
lying and being in Collier County, ~r~
Parcel A: (' "
The East 165 feet 0 I e /2 of e outhwest 1/4 of the
Southwest 1/4, Sect" In 6' t, Collier County ,
Florida, less the So : 1 \ I ri' ht-of-way.
And ~ )~
The West 165 feet 0 . 7 outhwest 1/4 of the
Southwest 1/4 of Secti East, Collier County ,
Florida, less and except 0 and canal right-of-way.
And
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The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section
21, Township 48 South, Range 26 East, Collier County, Florida, LESS and
EXCEPT the South 100 feet thereof for road and canal right-of-way.
And
The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section
21, Township 46 South, Range 26 East, Collier County. Florida, LESS and
EXCEPT the South 100 feet
Parcel B:
r-...>
r-...>
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The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township
48 South, Range 26 East, less the South 100 feet thereof; lying and being in
Collier County, Florida;
,
5
OR: 4420 PG: 2782
4
Together with
The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section
21. Township 48 South, Range 26 East. lying and being in Collier County,
Florida; subject to a canal easement over the South 100 feet thereof;
Together with
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township
48 South, Range 26 East, Collier County, Florida;
Less and excepting a parcel herein described as commencing at the South 1/4
comer of Section 21, Township 48 South, Range 26 East; thence run Nonh
00005' 10" West for a distance of 100.00 feet to the Point of Beginning.
)
~
~
The Southeast 1/4 of the So Itbwest 1/4 of Section II,
Township 48 South, Range 26 Eas , ty, Florida, subject to a 30 foot
. easement on, over, under and along the South 30 feet of said property for all usual
purposes of the ingress and egress and the placement and servicing of utilities;
~
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And
......,
......,
~
.......
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The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of
Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel
I) subject to a 30 foot right-of-way easement along the North line of said property
for all the usual purposes of ingress and egress as to Parcel I;
And
The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,
Section II, Township 48 South, Range 26 East, Collier County, Florida (parcel
II) subject to a 30 foot right-of-way easement along the North and East lines of said
property for all the usual purposes of ingress and egress as to Parcel II.
~
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~
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**t OR: 4420 PG: 2783 *t*
SUBJECT TO restrictions, reservations, and easements of record, and taxes for
year 2009 and subsequent years.
Prior Instrument recorded in O.R. Book 1./'/18 , Page .3'181 .
TO HAVE AND TO HOLD, the same together with all and singular the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title,
interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit
and behoof of the Grantee forever.
· MGrantorM and MGrantee- are used for sing-ollar or plural. as context requires.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year
first above written.
Signed and delivered in our pres:nce:
~ " I
. tA 1 ... p,1 .t?( ~I\...
. /
COUNTY OF
~ ~
The foregoing instrument was me this I {;l~ day of January, 2009,
by LoNNIE L. GooDMAN AS TRUSTEE GoODMAN INvEsTMENT TRUST DATED
DECEMBER 8,2008. who iilis personally known to me or 0 has produced a driver's license as
identification, and who did take an oath. .
NOTARY PUBliC:
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COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20090002071
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Klemco, LLC, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on March 26th, 2009, 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 4442 PG 2238, et. seq.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on July 7th, 2009.
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance with Section 1 ofthe Order Of The Board by leveling, grading, mulching and seeding the entire
property to County Engineering Specifications.
FURTHER AFFIANT SA YETH NOT.
Dated, July 9th, 2009.
COLLIER COUNTY, FLORIDA
~ E~CE~NT BOAlill
{/ Jeff Letourneau
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
Sworn to (or affirmed) and subscribed before me this July, 9th, 2009 by Jeff Letourneau.
. WALL-
(S' a e of No tar)' Public)
NOTARY PUBLIC.sTATE OF FLORIDA
..........~...Jennifer E. Waldron
i_ iCommissioo #DD823767
.............'/ Expires: SEP.17.2012
BONDED THlUI An.AlfllC BOlflllNG co"INe.
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known .J
Rev 1/9/2008
~
T ABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Klemco LLC, Respondent
DEPT No. CESD20090002075
. Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
PAGE(S)
1
2
3-7
8
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20090002075
vs.
KLEMCO LLC, Respondent(s)
GOODMAN BREEN & GIBBS R.A
Goodman, Kenneth D, Registered Agent
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date,
time, and place for the violation below:
DATE:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Building Permit LDC10.02.06(B)(1)(a)
LOCATION OF VIOLATION: Olde Cypress Subdivision Folio # 00186000005
SERVED:
KLEMCO LLC, Respondent
Goodman Breen & Gibbs, Registered Agent
Goodman, Kenneth D., Registered Agent
Jeff Letourneau, 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 fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the at least five (5) business days prior to the date set for the hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
1
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINESILIEN
CEB CASE NO. CESD20090002075
Board of County Commissioners vs. KIemco, LLC., Respondent(s)
Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended,
Section 1 0~02.06(B)(2) and 10.02.06(B)(2)G)
Location:
Folio # 00186000005 Naples, FL
Description: Property was semi-developed during SDP application under Early Work
Authorization (EW A) and then subsequently abandoned.
Past
Order(s):
On March 26, 2009 the Code Enforcement Board issued a Findings of Fact,
Conclusion of Law and Order. The Respondent was found in violation of the
referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4442 PG 2238, for more information.
The Respondent has complied with the CEB Orders as of July 7, 2009.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of $44.528.00. See below.
Order Item # 2
Abatement cost of $44.528.00 incurred by county has not been paid.
Order Item # 3
Operational Costs of $87.29 have been paid.
&
letn:
COLLIll COOlff COD. .11
Imlorna
Am: JII WALDROI
4281508 OR: 4442 PG: 2243
RlCORDID in tbe O'fICIAL RBCORDS of COLLIIR CODIfY, lL lIC 'II
04/09/2009 at 09:09AM DWIGH! I. BROCI, CLIRI
44.00
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD20090002075
vs.
KLEMCO, LLC.
Respondent
THIS CAUSE came on for public hearing
testimony under oath, received evidenc
Findings of Fact, Conclusions of Law an
1. That Klemco, LLC is the
pondent and that the
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED:
That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections
10.02.06(B)(2) and 10.02.06(B)(2)(j) be corrected in the following manner:
1. By abating all violations within 7 days (April 2, 2009).
2. If the Respondent does not abate the violation by April 2, 2009, then the county is to immediately
abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the
Collier County Sheriff's Office to enforce the provisions of this order. All costs of abatement are to be assessed to
the property owner.
3. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of$87.29 within 30 days.
o
OR: 4442 PG: 2244
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 oCthe record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~ day of~, 2009 at Collier County,
Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
STATE OF FLORIDA )
~ )SS:
COUNTY OF COLLIER)
.
The foregoing instrument was acknowledged beti r
2009, by Gerald Lefebvre, Chair of the Code E t
personally known to me or /' ~ h}~
- - Ov~
()
....-:;;;..~.. I<RISTIIE HOL lOtI
~i!~]"" MY COWISSION' DO 686595
f-{ :~ EXPIRES: .kJle 18, 2011 .
. ~:?S...~ BcI1dedllruNallrYNIIc~
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fI.fJ .
methisLdayof ~ '
PI:;. oilier County, Florida, who is
6&:(, 'yer's License as identification.
, sq.
0.750311
Attorney for the Code Enforcement Board
400 Fifth A venue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
:;wa 01 h,OiClUA
:ou.., of COWER
I HEREIY CERTIFY 1'IfA'F'tI!lII~'~.,-
XIftICt COW ot. ~.~ .....lp.... .:~~
8aIfd Mlnutelud _8 .-of~ M.L~
'NQNSS-~"'''''',' till. ..~
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4
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'~. Nominal Considera~ion
Minimum State Documentary Stamps: .70t
This instrument was prepared without legal opinion by and, after
~ding, should be returned to:
~eth D. Goodman, Esquire
Goodman Breen & Gibbs
3838 Tamiami Trail North, Suite 300
Naples, Florida 34103
239-403-3000
4251489 OR: 4420 PG: 2781
RBCORDBD in OPPICIAL RlCORDS of COLLIlt eOUITY, PL
01/16/2009 at 12:20PK DWIGHT I. BlOCK, CLlil
lIC rll 27.00
DOC-,70 .70
Reta:
GOODW BUll IT AI,
3838 !!KIlII !I I '301
RAPtIS lL 34103
UIT -CLAIM DEED
Tms INDENTURE, made this / t1 day of January, 2009, between LoNNIE L.
GooDMAN, AS TRUSTEE OF THE GooDMAN INvEsTMENT TRUST DATED DECEMBER 8, 2008,
County of McIntosh, State of Oklahoma, Grantor*, and KLEMCO, LLC, a Florida limited
liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples,
Florida 34103, Grantee*.
WITNESSETH, That the Grantor, for and in consideration of the sum of TEN
DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said
Grantee, the receipt whereof is hereby acknowled ed, does hereby remise, release and quit-claim
to the said Grantee, and Grantee's heirs the following described land, situate,
lying and being in Collier County,
00
Parcel A:
outhwest 1/4 of the
st, Collier County,
d canal right-of-way.
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The East 165 feet of e
Southwest 1/4, Secti n 2
Florida, less the Sou 1
And
The West 165 feet 0
Southwest 1/4 of Sectio
Florida, less and except
And
~
~
~
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The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section
21, Township 48 South, Range 26 East, Collier County, Florida, LESS and
EXCEPT the South 100 feet thereof for road and canal right-of-way.
And
The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section
21, Township 46 South, Range 26 East, Collier County, Florida, LESS and
EXCEPT the South 100 feet
~
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Parcel B:
The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township
48 South, Range 26 East, less the South 100 feet thereof; lying and being in
Collier County, Florida;
~
~
OR: 4420 PG: 2782
~
Together with
The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section
21, Township 48 South, Range 26 East, lying and being in Collier County,
Florida; subject to a canal easement over the South 100 feet thereof:
Together with
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township
48 South, Range 26 East, Collier County, Florida;
Less and excepting a parcel herein described as commencing at the South 1/4
comer of Section 21, Township 48 South, Range 26 East; thence run North
00005'10" West for a distance of 100.00 feet to the Point of Beginning.
Together with the folIo ~Ce .
fthwest 1/4 of Section 11,
Township 48 South, Range 26 BaS , nty, Florida, subject to a 30 foot
easement on, over, under and along the South 30 feet of said property for all usual
purposes of the ingress and egress and the placement and servicing of utilities;
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And
~
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The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of
Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel
I) subject to a 30 foot right-of-way easement along the North line of said property
for all the usual purposes of ingress and egress as to Parcel I;
And
At
The North 112 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4,
Section I I, Township 48 South, Range 26 East, Collier County, Florida (Parcel
IT) subject to a 30 foot right-of-way easement along the North and East lines of said
property for all the usual purposes of ingress and egress as to Parcel IT.
w
~
~
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*** OR: 4420 PG: 2783 ttt
SUBJECT TO restrictions, reservations, and easements of record, and taxes for
year 2009 and subsequent years.
Prior Instrument recorded in O,R. Book -0/1/18 , Page ..3981 .
TO HAVE AND TO HOLD, the same together with all and singular the
appunenances thereunto belonging or in anywise appertaining, and all the estate, right, title,
interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit
and behoof of the Grantee forever.
· "Grantor" and "Grantee- are used for singular or plural, as context requires,
IN WITNEss WHEREOF, Grantor has hereunto set Grantor's hand the day and year
fITSt above written.
SigllCd and delivered in our prcs:nce:
~ \. I
, t~ 1 ,I r}.Lt~1 ~ /I
-- ,/. '""
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COUNTY OF
~
The foregoing ~trument was a . . e me this I {;l"~ day of January, 2009,
by LoNNIE L. GooDMAN AS TRUSTEE OF TIlE GoODMAN INVESTMENT TRUST DATED
DECEMBER 8,2008, who (;lis personally known to me or 0 has produced a driver's license as
identification, and who did take an oath.
NOTARY PUBLIC:
tl"U'UUH""l J
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--..,.... OF o'i-: .....-' I !
.,......"..,. My Commission Expires: \0 17 2..012..
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COLUER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20090002075
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Klemco, LLC, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on March 26th, 2009, 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 ORBook 4442 PG 2243, et. seq.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on July 7th, 2009.
4. That the re.inspection(s) revealed that the corrective action ordered by the Code Enforcement Board w~ in
compliance with Section 1 of the Order Of The Board by leveling, grading, mulching and seeding the entire
property to County Engineering Specifications.
FURTHER AFFIANT SA YETHNOT.
COLLIER COUNTY,FLORlDA
C E ENFORCEMENT BOARD
t"' --<'~
fetoumeau
Code Ertforcement Official
Dated, July 9th, 2009.
STATE OF FLORIDA
COUNTY OF COLLIER
to (or affirmed) and subscribed before me this July, 9th, 2009 by Jeff Letourneau.
f. tJJ~
NOTARY PUBLIC-STATE OF FLORIDA
...........,.. Jennifer. E. Waldron
iW ~Com1llissioD #D1)823767
\'.."....'/ Expires: SEP.17,2012
BONnED TlllU ATLANTIC BONDING co.,lNC.
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known "
~
Rev 1/9/2008
T ABLE OF CONTENTS
Board of County Commissioners of Collier County, Florida
Vs.
Empire Developers Group, LLC., Respondent
DEPT No. CESD200800l4496
Request for Imposition of Fines
ITEM
Notice of Hearing (Imposition of Fines)
Executive Summary
Past Orders of the Board
Affidavit(s)
IOF Table of Contents
PAGE(S)
1
2
3-9
10
12/15/05
CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
Code Enforcement Board
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: CESD20080014496
vs.
EMPIRE DEVELOPERS GROUP LLC, Respondent(s)
Goodman Breen & Gibbs, Registered Agent
NOTICE OF HEARING
IMPOSITION OF FINES
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, 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:
08/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples, FL 34112
VIOLATION:
Dust ControI22-26(1 04.5.5)
LOCATION OF VIOLATION: Folio # 00185880006
SERVED:
EMPIRE DEVELOPERS GROUP LLC, Respondent
Goodman Breen & Gibbs, Registered Agent
Patrick Baldwin, 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 fifteen 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 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las
:1-
COLLIER COUNTY CODE ENFORCEMENT BOARD
REQUEST FOR AN IMPOSITION OF FINESILIEN
CEB CASE NO. CESD20080014496
Board of County Commissioners vs. Empire Developers Group, LLC. Respondent(s)
Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended,
Section 4.06.04.A.1.a.vii(a-d), Florida Building Code 2004 Edition, Chapter 1,
Section 22-26 subsection 104.5.5
Location:
Folio # 00185880006 Naples, FL
Description: Failure to utilize adequate dust control procedures shall be sufficient to order
cessation of the work causing such dust and to decline inspection requests
Past
Order(s):
On November 20, 2008 the Code Enforcement Board issued a Findings of
Fact, Conclusion of Law and Order. The Respondent was found in violation of
the referenced ordinances and ordered to correct the violation. See the attached
Order of the Board, OR 4410 PG 3205, for more information.
The Respondent has complied with the CEB Orders as of July 7, 2009.
RECOMMENDATION(S)
Issue an Order Imposing Lien in the amount of $103.918.00. See below.
Order Item # 1 & Order Item # 4
Fines at a rate of$IO per day per acre (28.6 acres) for the period between November 27,2008-
July 7, 2009
(223 days) for the total of$63.778.00.
Order Item # 3 & Order Item # 6
Fines at a rate of $1 0 per day per acre (18 acres) for the period between November 27, 2008-
July 7, 2009
(223 days) for the total of $40.140.00.
Order Item # 9
Operational Costs of $86.71 have been paid.
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CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD2008oo14496
vs.
EMPIRE DEVELOPERS GROUP, LLC.
Respondent
/
THIS CAUSE came on for public hearing b
testimony under oath, received evidence
Findings of Fact, Conclusions of Law, n
0, 2008, and the Board, having heard
. te matters, thereupon issues its
1.
3.
Failure to utilize adequate dust control procedures shaH be sufficient to order cessation of the work
causing such dust and to decline inspection requests.
ORDER OF THE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and
incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance
No. 04.41, it is hereby ORDERED:
....
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g ~ =- 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as
~ :: e amended, section 4.06.04.A.l.a. vii(a-d) be corrected in the following manner:
_0
...~lI:II: ..
C::~IIiIQ-=
~ 8 I;; ::: I. By hydro-seeing all disturbed land in Folio 00185880006 (28.6 acres), grading house pads to a 4: I
IlG U .... oe: slope and leveling all stockpiled material within 4 business days (November 26, 2008), unless a Plans and Plat
pennit is issued.
That the violations of Collier County Ordinance 04-41. the Florida Building Code 2004 Edition, Chapter
3
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. 2. If a Plans and Plat permit is issued and construction work is not started by December 15,2008, the
Respondent agrees to hyro-seed al1 disturbed areas by December 3 I. 2008.
3. By grading house paclsto a 4:1 slope and by leveling all stockpiled material in Folio 00186000005
(18 acres) within 4 business days (November 26,2008) unless a Plans and Plat permit is issued.
4. That if the Respondent does not comply with paragraph I of the Order of the Board by November 26,
2008, unless a Plans and Plat permit is issued, then there will be a fine of$IO per acre for each day until the
violation is abated or a Plans and Plat permit is issued.
5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by December 31,
2008, then there will be a fine of $1 0 per acre for each day until the hydro-seeding is finished.
6. That if the Respondent does not comply with paragraph 3 of the Order of the Board by November 26,
2008, then there will be a fine of$10 per acre for each day until the violation is abated or a Plans and Plat permit is
issued.
7. That if the Respondent fails to abate the violation, the county may abate the violation and may use
the assistance of the ColIier County Sheriff's Office to enforce the provisions of this order.
8. That the Respondent is to notify Code Enforcement officials that the violation has been abated within
24 hours of abatement and request the Investigator to come out and perform the site inspection.
9. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this
Case in the amount of $86.71 within 30 days.
Any aggrieved party may appeal a
the execution of the Order appealed. An
review of the record created within. F' In
DONE AND ORDERED
Florida.
Circuit Court within thirty (30) days of
, but shall be limited to appellate
ard Order.
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this ~ of t--JO \J .
2008, by Gerald Lefebvre, Chair of the Code Enforcement Board ofColIier County, Florida, who is
_ personally known to me or -L. who has produced a Florida Driver's License as identification.
Q)~ KRISTlNEIO.TON
!J: ~ -'f;.\ MY COMMISSION' DO 686595
· : : EXPIRES: JUM lB, 2011
BcndIri'T11lll NotIfY I'tAlIIc UndelWlltns
..
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NOTARY PUBLIC
My commission expires:
....._.._......."._-~
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..... , --
StIlI at FUIRIM
~umy of COLUER
I HEREBY CERTIFY THAT this Is. true"
-:orrect CODY or a oocument.o,n tHe In
Board Minutes an<i PCCocftS'of Colll~r Count)
f~SS mv ~~l~.l 'O.ff1'Ci~~IJh",
aay Of .: : L004
'-.
~IGHT E. 'BRO(,K, ~R~ Of coum'
_,(1J J Ii 'C!i~ . - ...
-
4
CERTIFICATE OF SERVICE
r--
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C"'-.I
cY")
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Empire
Devel~rs Group, LLC, Goodman Breen and Gibbs, R.A., 3838 Tamiami Trail N., Suite 300, Naples, FL 34103
this ~ay of NO V . ,2008.
t1~q~
Florida Bar No. 75031 I
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239 263-8206
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BOARD OF COUNTY COMMISSIONERS
Collier County. Florida
Petitioner,
Vs.
Empire Developers Group LLC, Respondent(s),
STIPULATION/AGREEMENT
DEPT NO. CESD20080014496
co
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COMES NOW, the undersigned, William Slavich, on behalf of himself 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 CESD20080014496 dated the 20th day of November, 2008.
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 ; 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
agrees as follows:
1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their
existence.
The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22-
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26 subsection 105.5.5 and 04-41 The Collier C
4.06.04.A.1.a.vii[a-d] and are described as .
now are creating dust. Adequate dust
complaints arising from unhealthy, un
procedures shall be sufficient cause t 0
requests.
nd Development Code, as amended, Sections
~~ Tuscana have not been hydro-seeded and
mployed by the respondent to prevent
)- i1ure to utilize adequate dust control
sin such dust and to decline inspection
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THEREFORE, it is agreed be
1) Pay operational costs in th M n
2) Abate all violations by: ~ €0 ~~
A. Hydro-seeding ~ c..\.c..>.~ So
grade house pad . j slope and level , ,~ i1ed material
within 4 days of this ti rin)' ~} fine of $10 per acre, per day will be assessed
until the violation is abated or at permit is iSS~. If a Plans & Plat permit is issued
IS+'\. .
and construction work is not started by December., 20 8, the Respondent "trees to
\xceWl~;- Ofi,s"'e,,;loCtP.' ~ X~
hydro-seed all disturbed areas within 14 days (J~'1 T. .ale ) or a fine of $10 per day, per
acre will accrue until hydro-seeding is finished .
B. Grade house pads to a 4:~an.d level all stockpiled material in
\i, ().(.;~ (FI
folio #00186000005 within ays of this hearing or a fine of $10 per
acre, per day will be assessed until the violation is abated or a Plans & Plat
permit is issued.
C. If the respondent(s) fails to abate the violation the county may abate the violation
and may use the assistance of the Collier County Sheriffs Office to enforce the
provisions of this order.
REV 2/23107
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D. The respondent must notify the Code Enforcement Investigator when the violation is
abated in order to conduct a final inspection to confirm abatement.
Code Enforcement Department
~,~~S0-.-k,-
Diane Flagg V -
Director, Code Enforcement
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3464148 OR: 3631 PG: 1450
oeOOlD 1>> omCIlL ocaus of COLLUl CD1IITt I FIr
DI/Z5HOOI It DB: 11A1 DUG!! J, lROet, CUB
COIS 350110'.01
UC lEI 11.5'
DOC-," 2m.."
coms Ltl
Prepared by and return to:
StaDIey J. Ueberfarb
Attol'1ley at Law
Stalllcy J. Licbcrfarb, P.A-
1100 F1fl:1t A "eDue Soutll Suite 405
Naples, FL 341112
lea:
mnJY J LIrBIUlII
1110 5'rI In S Uts
Wl.U n mez
File Number: C04Z32
IS..- Above This u... Far Reamlla; DoIaI
Special Warranty Deed
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This Special WarraDty Deed made this .lJ::... day of AUEIISt, 1004 betwccII Empire BDilders or CoUier CODDly.
IDe:., a Florida limited liability compaay. whose ~ office Iddress is 5i6O StraDd Court, Naples, Florida 34110,
putor, and Empire DeYelopers Crollp, LLC, a Florida limited liabOity compaDJ' whose pos1 Of'f'1Ce addRSS is 3131
Ta.Ia.1 Tl'1IU Nortla, Suite 300, Naples, FL 34103, gran\ec:
(WboncYcr ased hcmoIlho IClW .,.-1IId JIDIIIet iodudt IIIlho pInics II> 1his instnunonI ond llle heirs, IcpI ~ -.I _ens Dr iDdivid8ls,
IRlIthe -......mens or....,.....1nIIU IRlIlnISIOCS)
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Witnessedl, that said granlor, for md in considention of the sum TEN AND NO/iOO DOLLARS {S I 0.00) and other rood
and valuable COIISidmtioDS to said grantor in hand paid by said gnm\ec, the receipt wbereof is hereby acknowledged, has
gnnted, bargained, IIJld sold to the said grantee. md grantee's hein and assigns fOl'CYCl', the following cIescn"bcd land. situate,
lying md being in Collier COUDty, Florilh, to-wit:
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See Exhibit "An. altllc:lled hereto and iDcorponted he~1l. Pareet Idelltific:atioD Number: Tn I.D.#
00186560008; #OO1867601~; tIOOl n 2.
appcnaining.
To Have aDd to Hold.
ADd the gramor hereby co"en
grantor has good right and lawfu
IlIJld and will defend the same aga'
~
(CORPORATE SEAL)
STATE OF FLQRIDA:
COUNTY OF (loll /~
The roregoing instrument was acknowledged before me this ~ day of August, 2004, by wilr.... Sla"ich, as Preside.l
of Empire Builders of Collier COlDly, IDc., a Florida corpontioa, who is personally blown to me or who has produced
as identification and who did (did not) take au oath. NOTE: If a type of
identification is nol inscned in the blank prD\'ided, then the Cl:ccutlng this . m was lIy known to me. If
the wards in the paentheticaJ "didNol" are nOl cirt:led, then e . this . d' e an oath.
/
My Commission Expires:
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'\;,.....1' =-~.2II.2llO':.
Doubler.....-
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*** OR: 3631 PG: 1453 **t
EXHIBIT "A"
The West 1/2 of the Southeast 1/4 of the Southwest 114 of Section 21, Township 48 South, Range 26
East. less the south 100 feet thereof, lying and being in Collier County, Florida;
C)
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Together with
The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48
South, Range 26 East. lying and being in Collier County, Florida; subject to a canal easement over the
South 100 feet thereof;
Together with
The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21. Township 48 South. Range 26
Eas~ Collier County, Florida;
Less and excepting a parcel herein described as commencing at the south 1/4 comer of section 21,
township 48 south, range 26 east; thence run north 00005'10. west for 8 distance of 100.00' to the point of
beginning.
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Thence run north 89059'30" west for
Thence run north 57041'53" east
Thence run north 43-11'04" eas
Thence run north 69-14'31" t
Thence run north 51013'31" t
Thence run north 48-50'11'
Thence run north 41-17'38 ea
Thence run north 55-19'31 e
Thence run north 59-40'4
Thence run north 81-02'1
Thence run north 85019'5
Thence run north 80-56'51
Thence run north 79018'3
Thence run north 68015'46"
Thence run south oo-04'Sr
Thence run north 89-S8'Or
To the point of beginning.
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Together with the following three mil'
And
The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48
South, Range 26 East, CoUler County, Florida (Parcell) subject to a 30 foot right-of-way easement along
the North line of said property for all the usual purposes of ingress and egress as to Parcel I;
And
The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48
South, Range 26 East, Collier County, Florida {Parcel II) subject to a 30 foot right-of-way easement along
the North end East Ines of said property for all the usual purposes of ingress and egress as to ~ 11;
9
COLLIER COUNTY, FLORIDA
CODE ENFORCEMENT BOARD
CEB CASE NO.CESD20080014496
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS, Petitioner
vs.
Empire Developers Group, LLC, Respondent(s)
AFFIDAVIT OF COMPLIANCE
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned authority, personally appeared Jeff Letourneau, Code Enforcement Official for the
Code Enforcement Board of Collier County, who after being fully sworn, deposes and says:
1. That on November 20th, 2008, 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 4410 PG 3205, et. seq.
2. That the respondent did not contact the investigator.
3. That a re-inspection was performed on July 7th, 2009.
4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in
compliance with Paragraphs 1,2, & 3 of the Order Of The Board by grading, leveling, mulching, & seeding
the entire property to County Engineering Specifications.
FURTHER AFFIANT SA YETH NOT.
COLLIER COUNTY, FLORIDA
DE ENFORCEMENT BOARD
c; ",..-z:.---
Dated, July 14th, 2009.
Je Letourneau
Code Enforcement Official
STATE OF FLORIDA
COUNTY OF COLLIER
to (or affirmed) and subscribed before me this July, 14th, 2009 by JefILetoumeau.
.wl~
e of Notary Public)
(Print/Type/Stamp Commissioned
Name of Notary Public)
Personally known "
N01~Y PUBLle;STATE OF FLORIDA
:,,~;:.... Jenmfer E, Waldron
~ ~ iCommissioD #DD823767
...."'..,,"'~ Expires: SEP. 17, 2012
BO!/l}G THRV ilTMHTIllllQflIlllf1l QQ, If(fl.
Rev 1/9/2008
JO
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. CESD20080014496
vs.
EMPIRE DEVELOPERS GROUP, LLC,
Respondent.
/
ORDER NOT IMPOSING FINEILIEN
THIS CAUSE having come before the Collier County Code Enforcement Board at public
hearing on August 27, 2009, on County's Motion for Imposition of Fines/Liens, and the Board
having heard the matter and being duly advised in the premises; and
WHEREAS, this matter was heard by the Code Enforcement Board on November 20,
2008, after due notice to Respondent at which time the Board heard testimony under oath,
received evidence, and issued its Findings of Fact and Conclusions of Law and thereupon issued
its oral Order which was reduced to writing on November 25, 2008 and furnished to Respondent
and was recorded in the Public Records of Collier County, Florida at OR Book 4410, PG 3205,
et. seq. on December 2,2008; and
WHEREAS, the operational costs incurred in the prosecution of this case in the amount
of$86.7l have been paid by the Respondent; and
WHEREAS, an Affidavit of Compliance has been filed with the Board by the Code
Enforcement Official, which Affidavit certified under oath that the required corrective action has
been taken as ordered; and
WHEREAS, it having been brought to the Board's attention that Respondent has
complied with the Order dated November 25, 2008; and
WHEREAS, the Board having considered some or all of the following: (a) the gravity of
the violation; (b) actions taken by Respondents 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 amount of the time necessary to correct the violation; (f) the value of the real
estate compared to the amount of the fine/lien; (g) any hardship the fine/lien would cause on the
Respondents; (h) the time and cost incurred by Code Enforcement to have the violation corrected
and (i) any other equitable factors, it is hereby
ORDERED that the fines proposed against Respondent, EMPIRE DEVELOPERS
GROUP, LLC, shall not be imposed.
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. Filing an Appeal shall not
stay the Board's Order.
DONE AND ORDERED this ~r~ day of September, 2009, at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIERCOUNTY,FL RIDA ;
BY:
STATE OF FLORIDA )
)
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this 3r&. day of September,
2009,. b~Gerald Lefebvre, Chair ofthe Code Enforcement Board of Collier County, Florida, who
is v personally known to me or who has produced a Florida Driver's License as
identification.
:'~~~ WAND.A ~ODRIGUEZ
=*: 1"J;."l:.... CommiSSion DO 631743
~l~.iTJ Expires January 21 , 2011
'11.iif.~<fJ:"- Bonded Thru Troy Faillnsuraoce 1lOO-385-7019
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S.
Mail to Empire Developers Group, LLC, c/o Goodman ~r<JH1 and Gibbs, Registered Agent, 3838
Tamiami Trail North, Suite 300, Naples, FL 34103 this Y'-day of September, 2009.
~kUu
H 'IDI ASHTON-CICKO, ESQUIRE
Florida aarNo. 966770
Attorney forthe Code Enforcement Board
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 EastTamiami Trail
Naples, Florida 34112
(239) 2si8400
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CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, Plaintiff,
Case: 2002120972
CEB: 2004-72
vs.
MARSHALL. JAMES C & SHERRY, Respondent(s)
NOTICE OF HEARING
PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County
Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the on the following date,
time, and place for the violation below:
DATE:
8/27/2009
TIME:
09:00 AM
PLACE:
3301 Tamiami Trail East Building F, Naples FL 34112
Sec.1 04.5.1.4 of the Florida Building Code
VIOLATION:
LOCATION OF VIOLATION: 820 20th AVE NW Naples, FL
SERVED:
MARSHALL, JAMES C & SHERRY, Respondent
Jeff Letourneau, 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 fifteen copies. Alleged violators have the right to be represented by an attorney.
PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by
the Secretary to the at least five (5) business days prior to the date set for the hearing.
IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to
include emphasis on Section Eight relating to the appeal process.
Jen Waldron
COLLIER COUNTY CODE ENFORCEMENT
2800 North Horseshoe Drive
Naples, Florida 34104
(239) 252-2444 Telephone
(239) 252-3917 Facsimile
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA
34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE
NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para Wl 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 pou fe tradiksyon, Si ou pa pale angle tanpri vin; avek yon intepret pou pale pou.ou.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
Board of County Commissioners,
Collier County, Florida
Petitioner
CEB NO. 2004-72
Vs.
James C. and Sherry Marshall
Respondents
MOTION TO REDUCE FINES
AND REQUEST FOR HEARING
Now Come, the Respondents, James C. Marshall and Sherry Marshall,
pro se, pursuant to Chapter 162.09 (2)(b)( c)( d) Florida Statutes and Collier
County Code of Laws and Ordinances Article IX, Division 4, Sec. 2-2030 do
request a hearing on their Motion to Reduce Fines and as ground do state:
1. This is the Respondents' first Motion to Reduce Fines.
2. As a matter of law, the Board was required to consider, but not limited
to the three factors of criteria set forth in FS 162.09(2)(b)( d) in determining
the amount of the fine to be imposed on the Respondents.
3. The transcript of the April 27, 2006 hearing establishes without
question, the fact, that the Board did not consider nor discuss the three
factors required by FS 162.09 (2)(b) in determining the amount of the fine to
be imposed on the Respondents. Ex. A
4. Sherri Barnett, who was acting as Chairman on April 27, 2006 and
George Ponte were present at the August 21, 2003 CEB workshop and were
instructed by Jean Rawson, attorney for the Code Enforcement Board, as
follows: "In determining the amount of the fine, the enforcement board shall,
that's not will- that's not may, that's shall- consider the following factors:
The gravity of the violation, any action taken by the violator to correct the
violation and any previous violations committed by the violator. So most of
you know that, you just don't forget that." Jennifer Belpedio, assistant
county attorney, instructed from the Massey case as follows: "And certainly,
as Jean mentioned, if the board were to have a hearing on the imposition of
fines, the facts that are listed in l62.09(2)(b), gravity of the violation, actions
taken by the violator and the previous violations ought to be considered."
EX.B
5. Pursuant to the language in the May 5, 2006 order of the Board
imposing the fine /lien, the fines and operational costs have continued to
accrue from April 8, 2006 to the present totaling approximately $177,750 in
addition to the $43,380.04 incurred as of April 7, 2006. Ex. C
6. Accordingly, the Board has jurisdiction and the authority to reduce the
amount of the fines imposed and/or the rate at which the additional fines
have continued to accrue pursuant to FS 162.09(2)( c). Ex. D
WHEREFORE, the Respondents, James C. Marshall and Sherry
Marshall, pro se, respectfully request that a hearing be set on their Motion to
Reduce Fines.
Respectfully submitted,
~~~
....
James C. Marshall
975 Red River Road
Gallatin, Tennessee 37066
615-230-9065
~~~(Z<
Sherry Marshall
3241 S.W. 104 Ct.
Miami, Florida 33165
305-226-7406
CERTIFICATE OF SERVICE
I do hereby certify that a copy of the foregoing ~vfotion to Reduce Fines
was mailed this 6th day of July, 2009 to:
Collier County Code Enforcement Board
2800 N. Horseshoe Drive
Naples, Florida 34104
By:
f.t~::tawUZp
Laserfiche WebLink
Page 1 of2
ctf'd('s offic('
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Template: Collier County BMR
Doc Type
Minutes
Meeting Type
Regular
Date
4/27/2006
Last Modified
BMR> Boards, Minutes, and Records> BMR Advisory Board Minutes> Code Enlorcement Board> 2006 Minutes> CEB Minutes 04/27/2006 R
April 27, 2006
TRANSCRIPT OF THE MEETING OF THE
CODE ENFORCEMENT BOARD
NAPLES, FLORIDA, April 27, 2006
LET IT BE REMEMBERED. that the Code Enforcement Board.
in and for the County of Collier, having conducted business herein,
met on this date at 9:30 a,m.. in REGULAR SESSION at the Collier
County Govemment Center, Third Floor, 3301 East Tamiami Trail,
Naples, Florida. with the following members present:
CHAIRMAN:
Sheri Bamett
Justine DeWitte
Jerry Morgan
Richard Kraenbring
Gerald J, LeFebvre
George P. Ponte
Larry Dean
Kenneth Kelly
ABSENT:
David Cook
ALSO PRESENT:
Jean Rawson, Attorney. Code Enforcement Board
Michelle Arnold, Director of Code Enforcement
Shirley Garcia, Secretary to CEB
Page 1
A
http://apps.collierclerk.com/BMR/docview.aspx?id=2l56l
7/6/2009
April 27, 2006
MR. LEFEBVRE: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN BARNETT: Any opposed?
(No response.)
CHAIRMAN BARNETT: Mr. Marshall, we have denied your
stay.
MR. MARSHALL: Okay.
MS. ARNOLD: This is Michelle Arnold speaking now.
MR. MARSHALL: I'd like -- I'd like Ms. Arnold to be sworn in,
please.
MS. ARNOLD: I'm not testifying, Mr. Marshall. This is a--
MR. MARSHALL: For the record -- for the record I'm just
requesting that you're there and the reporter is there. I would like you
to be sworn in.
MR. LEFEBVRE: And you're not --
MS. ARNOLD: And you weren't sworn so I'm objecting to your
request.
MR. MARSHALL: Well, you could have sworn me in. I've been
sworn in before over the phone.
MS. ARNOLD: You are a remote location. There is no --
nobody there that I'm aware of that is a --
MR. MARSHALL: Go ahead. Go ahead. Proceed.
MS. ARNOLD: Okay. Okay. This is Code Enforcement Board
Case No. 2004-72. This matter was heard before the board on April
28th, 2005. At which time a violation was found. The matter is
related to construction without permits on an expired permit. And at
this point we are still -- the violation is still not been abated.
It is staffs recommendation that we impose or the board impose
fines in the amount of $43,380.04 for -- which includes operational
costs of $930.04 cents and fines accruing at the rate of $50 per day for
Page 130
April 27, 2006
the period of June 29th, 2005, through April 7, 2006, for a total of
14,150. And another fine accruing at a rate of$100 per day from the
period of ever June 29th through April 7th for 28,300. And so that's a
total of $43,380.04.
MR. MARSHALL: Okay. Who determined the operational
cost?
MS. ARNOLD: The board's secretary determines the operational
cost based on the order imposed by the board.
MR. MARSHALL: Okay.
CHAIRMAN BARNETT: Do I hear a motion?
MR. MARSHALL: I have -- I have -- I have a question. I'd like
to -- I'd like to refer to the affidavit of noncompliance.
CHAIRMAN BARNETT: Okay.
MR. MARSHALL: Okay. The affidavit states that the order
recorded in the records of Collier County Book 3771, page 3447; is
that correct? Is that what the affidavit says?
CHAIRMAN BARNETT: Yes.
MR. MARSHALL: All right. That's not correct. So the affidavit
in my view is void and you can't impose the fines upon this affidavit
of noncompliance. The sworn statement in that is not a true fact.
CHAIRMAN BARNETT: Jean?
MS. ARNOLD: Yeah, the page number is incorrect.
MS. RAWSON: That's an error of form and not substance. It's a
clerical error. You can certainly correct it.
MR. MARSHALL: I'm not going to correct it. I have nothing to
correct. You know, you want -- you want to base -- you want to find
that the affidavit is sound and there's no false statements in there, that's
up to you. I'm just -- I'm just stating for the record that the affidavit is
not accurate.
CHAIRMAN BARNETT: Michelle.
MS. ARNOLD: Madam Chair, we will ask the investigator to
correct that clerical error and we can record it. It's not recorded, but
Page 131
April 27, 2006
we can certainly record it in the public record with that correction.
MR. MARSHALL: And -- and since you mentioned recording,
as I understand it in the rules, Article X under Enforcement that the
affidavit also needs to be recorded. And -- and you just stated for the
record it hasn't been recorded. So I don't think you've got all your
ducks in a row today.
MS. ARNOLD: You're absolutely right. And that's -- I stand
corrected. We will record the corrected affidavit. Thank you for
pointing that out.
MR. MARSHALL: And we'll have another hearing I would
imagine because you don't have -- you don't have an affidavit to rely
upon for the imposition of fines. That's how I see it. So if you want to
go ahead and impose the fines without an affidavit and correct it after
the fact, then I certainly don't believe that's lawful. You can hem and
haw about it being not of substance and da-da-da-da, but, you know,
we're not going to do with that.
MS. ARNOLD: Well, we're relying on the investigator's
comments that the violation has not been abated, not based on -- it's
nothing based on when -- where the order was recorded. The order
stands on its face and the affidavit says that the violation's not been
abated. And that's ho\v the fines have been estimated.
CHAIRMAN BARNETT: County attorney --
MR. GRIFFIN : Well, I just -- county attorney -- Assistant
County Attorney Stephen Griffin, again, for the record.
Madam Chair, I just point out that really the requirement is
whether or not you can identify what the order is. It's not that the page
number has to be down to the -- exactly the right page. You can __
you can consider that some sort of a clerical or scrivener's error. And
as long as the order is -- is identified sufficiently, I think that's all that
the law really requires.
CHAIRMAN BARNETT: Thank you. Okay. Again, I'm asking
for the privilege of the board.
Page 132
April 27, 2006
MR. LEFEBVRE: I make a motion in CEB Case No. 2004-72,
Board of County Commissioners versus James C. and Sherry Marshall
that we impose a lien in amount of $43,380.04 for fines. And it will
be listed out below as Order Item No.8, operation costs of $930.04,
Order Item No.4, fines at a rate of $50 per day for a period of
between June 29th, 2005, through April 7th, 2006, totaling $14,150,
fines accruing until affidavit of compliance is received by Code
Enforcement. Order Item of No. 5, fines at a rate of $100 per day for
a period between June 29th, 2005, through April 7th, 2006, totaling
$28,300, fines accruing until affidavit of compliance is received by
Code Enforcement.
CHAIRMAN BARNETT: Do I have a second?
MR. PONTE: I'll second.
CHAIRMAN BARNETT: All those in favor?
MR. MORGAN: Aye.
CHAIRMAN BARNETT: Aye.
MR. LEFEBVRE: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN BARNETT: Any opposed?
(No response.)
CHAIRMAN BARNETT: Thank you.
MS. ARNOLD: Thank you, Mr. Marshall. We're going to hang
up now.
CHAIRMAN BARNETT: We don't have any old business?
MS. ARNOLD: Nope.
CHAIRMAN BARNETT: And we don't have any reports.
Comments?
Next meeting is going to be May 25th, 2006.
I will entertain a motion to adjourn.
MR. DEAN: Motion to adjourn.
Page 133
April 27, 2006
CHAIRMAN BARNETT: Second?
MR. PONTE: Here.
CHAIRMAN BARNETT: All those in favor?
MR. MORGAN: Aye.
CHAIRMAN BARNETT: Aye.
MR. LEFEBVRE: Aye.
MR. PONTE: Aye.
MR. DEAN: Aye.
MR. KELLY: Aye.
CHAIRMAN BARNETT: Thank you.
*****
There being no further business for the good of the County, the
meeting was adjourned by order of the Chair at 2:40 p.m.
CODE ENFORCEMENT BOARD
SHERI BARNETT
TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT
REPORTING, INC., BY CAROLYN J. FORD, RPR
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Template: Collier County BMR
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TRANSCRIPT OF THE WORKSHOP
OF THE
CODE ENFORCEMENT BOARD
Naples, Florida
August 21, 2003
LET IT BE REMEMBERED, that the Code Enforcement Board
in and for the County of Collier, having conducted business herein,
met on this date at 10:00 a.m. in SPECIAL SESSION at the Naples
Library Facility, Airport Road and Orange Blossom, Naples, Florida,
with the following members present:
CHAIRMAN:
Clifford Flegal
Sheri Barnett
Roberta Dusek
George Ponte
Rhona Saunders
ALSO PRESENT:
Jean Rawson, Attorney for the Board
Michelle Arnold, Code Enforcement Director
Jennifer Belpedio, Assistant County Attorney
Shanelle Hilton, Code Enforcement Coordinator
Ellen Chadwell, Assistant County Attorney
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August 21, 2003
It starts with a .- the code enforcement inspector, giving them time to
comply. And if they don't comply, they end up in front of us, It
talks about repeat violations in there, and it talks about the notice of
the initial pleadings.
162.07 is the conduct of our meeting, of our hearings, that are
open to the public, of course, And most of this language we have
already in our rules and regulations. You know that in here it tells
you what is a quorum, it also tells you how many people have to vote
in order to -- for action to take place. And it tells you in there that
not only can you fine them, but you can also include costs. That's
where it says you've got to certify a copy of it and you record it.
162.08, powers of enforcement board. You can adopt rules,
which we have, and we're always, you know, updating them. You
can subpoena alleged violators and witnesses to the hearings. And
that's interesting, because sometimes the violators come and ask you
to subpoena some of their witnesses, which you can do.
Subpoena evidence, take testimony under oath and issue orders
having the force of law. That's what makes this board very unique.
You are a board with teeth. You can issue orders. You're not an
advisory, you can issue orders having the force of law. And your job
again is to end at five. And we say this every - almost every month.
Your job is to do whatever is necessary to bring a violation into
compliance. Compliance is the key, not punishment.
162,09 is just a very interesting one about fines. I won't talk
about that a iot, because I think Jennifer's going to. But basically I
often will point out to you in a public meeting, (b), (2)(b): In
determining the amount of the fine, the enforcement board shall,
that's not will -- that's not may, that's shall - consider the following
factors: The gravity of the violation, any actions taken by the violator
to correct the violation, and any previous violations committed by the
violator. So most of you know that, you just don't forget that.
The next page talks about liens on property.
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August 21, 2003
fine and lien ought to be presented. So really, the discussion should
be limited to the criteria set forth in the findings of fact order. For
instance, violation was observed on this day. It was required to be
abated by that day. It wasn't. It's been six days since. The fines are
$100 a day as required to accrue, as stated in the finding of fact;
therefore, $600 should be imposed plus operational costs. It's not a
forum for a violator to discuss what happened at the substantive
hearing, challenge the violation, present a defense, it's only whether
or not the violation, you know, continued or didn't as alleged by the
code enforcement department. So that's the Massie case in a
nutshell.
And certainly, as Jean mentioned, if the board were to have a
hearing on the imposition of fines, the facts that are listed in
162.09(2)(b), gravity of violation, actions taken by the violator and
the previous violations ought be considered. Again, not every
painstaking detail needs to be addressed, but there ought to be at least
some cursory review of that criteria in making a decision as to
whether or not to impose a fine and create the lien.
I think that's all that I'm expected to speak about. I think Ellen
was going to do the reduction. I know Mr. Flegal had a question
about the reduction, but maybe I can answer it for you while she's
stepped out.
MS. SAUNDERS: Do we need a quorum for this? I have a
noon meeting on Fifth Avenue. I don't want to break this up, but I
have to --
CHAIRMAN FLEGAL: If you have to leave, we still have a
quorum.
MS. BELPEDIO: I don't think it's necessary that you have a
quorum in a workshop.
MS. SAUNDERS: Okay.
MS. ARNOLD: Cliff, do you want to ask your question, or do
you want a break or something?
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August21.2003
movies. If you want to call me a bad dad, that's too bad, just clean
your room. End of subject. Pretty straight forward.
MS. DUSEK: Maybe I'm not understanding, after all these
years. When the fine is imposed, there's not a lien at that point.
MS. ARNOLD: Yes, there's a lien,
MS, DUSEK: There is a lien?
CHAIRMAN FLEGAL: We impose a fine, they go file it in the
courthouse and that's a lien.
MS. DUSEK: And the Attorney General is saying we can't
reduce it. And we've been doing it.
MS, ARNOLD: We've been doing it all long along.
MS, CHADWELL: Yeah, I mean, it's one of those grey areas,
and -.
MS. RAWSON: Charlie Crist will be here in September at the
Women's Republican Club luncheon. You ask him that question.
MS. DUSEK: J will.
MS. RAWSON: He's the Attorney General.
MS. CHADWELL: Did you get- and you got a copy of the
opinion because Jean provided it to you. I think typically and a lot of
times our office doesn't follow Attorney General opinions, because
the space of interpreting statutes is not always an easy job. And they
tend to be on the very cautious side, you know, in making those
kinds of interpretations; at least that's been my experience in reading
the opinions.
Clearly you have the authority to reduce the fine, and it seems
appropriate that you -- the people who know -- other than the code
enforcement investigator, you know most about - you know more
about the facts of the case than anyone else, and there are sometimes
real legitimate reasons to consider reducing a fine, I think, at least.
CHAIRMAN FLEGAL: I guess a good question for an attorney
is since this sentence says an enforcement board may reduce a fine
imposed, is the word reduced the same as abate?
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August 21,2003
MS. CHADWELL: No.
CHAIRMAN FLEGAL' I can reduce a fine, does that mean I
can reduce it to zero, or I.e., abating the whole fine?
MS. CHADWELL' I think you could reduce the fine to zero,
yes. I think you could wipe it out entirely. And that's why you get
back to the opinion that if it runs in favor of the county, the Board of
County Commissioners, is it really the intent to give you that ability
to do that after the lien is created? And I think that's where Charlie
Crist comes down on. And that could certainly be remedied by
getting - you know, amending our ordinance regarding the Code
Enforcement Board and getting the Board of County Commissioners
to specifically give you that authority to do that, you know, to -- and
that's something also that's been discussed.
I was going to - I have an extra copy of those opinions. but I
think everybody got one, because Jean passed it out.
I would just, as far as reduction of fines go, I would just add one
more comment and that is that I think it's good to make sure that
you're considering all the factors that are laid out in the rule. I think
Jean mentioned the form that we have on the motion and the
individuals sometimes do a good job of articulating those reasons and
oftentimes don't. So walking yourself through the rules as you're
hearing from the respondents is sometimes helpful. Kind of creating
your own books and guidance, kind of a mental checklist as you're
reviewing the rules and portions of the statutes will kind of help you
keep on track and objective. And it makes it a little bit easier,
because it is a very tough job on the spot to hear all the evidence and
weigh all the evidence and then try to craft an order that suits that
individuai circumstance.
So that being said, anyone has any questions? Otherwise, I
don't know if I have anything else to add.
MR. PONTE: I think we also ought to make a little clarification
here. It says the Code Enforcement Board is not authorized to reduce
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a fine. But we do and it takes time and that's the -- it takes a lot of
time when that situation comes up. Is it going to be the position of
this board that we are going to continue to entertain the reduction of
fines, or is it not?
CHAIRMAN FLEGAL: Let me say this as the Chairman. The
ordinance that created us, which is 92-80, as amended, has a sentence
in section nine, which is our powers, that says enforcement board
shall have such additional powers as may be authorized or granted by
the local Government Code Enforcement Board Act, Section 162 of
the Florida Statutes. 162 states in that one line that we have the
power to reduce the fines.
Now, since the county put that in there, I assume they're saying
we have the power to reduce the fine. So if we want to reduce it we
can reduce it, and the Attorney General, if he doesn't like it, can do
something about it.
MS. ARNOLD: Well, what Ellen is saying is that we could
probably modify the ordinance to specifically say that the board has
granted the Code Enforcement Board the authority to do that.
CHAIRMAN FLEGAL: But right now, I don't have any
problem with that long sentence that says we have all the powers that
are in 162 given to us also. So if we want to keep doing it, we can do
it. I don't feel bad about that, unless the county tells me no, stop.
And they haven't done that yet.
MS. CHADWELL: And remember that you do hear a lot of
these - well, maybe you don't. I don't know how quickly we're
recording the orders. If it caused anyone any concern, we could
delay recording the orders so you would have a time period within
which to hear any motions to reduce fines. There are a lot of ways to
address it, if the board is -
CHAIRMAN FLEGAL: It's ourn at least it's my opinion from
a board standpoint that once we authorize the imposition of fines, I'm
for recording it quick. because that starts the clock running on the
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.J
3835454 OR: 4033 PG: 2480
RICORDID in OFFICIAL RlCORDS of COLLIII COUITY, 'L
05/09/2006 at 11:0211 DIIGBT I. BiGeI, CLIII
IIC .11 44.00
,
Retn:IITBIO"ICI
CODE ENFORCEMENT BOARD COLLIn COOl'!! CODI IIlORClO.
COLLIER COUNTY, FLORIDA SHIRLI! K GARCIA
2800 I HORSISHOI DR CDBS SLDG
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents,
/
ORDER IMPOSING FINE/LIEN
THIS CAUSE came on for public hearing before the Board on April 28, 2005, after due notice to
Respondents at which time the Board heard testimony under oath, received evidence, and issued its Findings of Fact
and Conclusions of Law and thereupon issued its oral Order which was reduced to writing on April 5, 2005 and
furnished to Respondents and was recorded in the Public Records ofColIier County, Florida at OR 3771, PG 3499,
et. seq.
An Affidavit of Non-Compliance has been filed with the Board by the Code Enforcement Official on July
1, 2005, which Affidavit certified under oath that the required corrective action has not been taken as ordered.
Accordingly, it having been brought to the Board's attention that Respondents have not complied with the
Order dated April 5, 2005, it is hereby
ORDERED, that the Respondents, James C. and Sherry Marshall, pay to Collier County fines in the
amount of$14, 150.00 forthe period of June 29, 2005 through April 7, 2006 at a rate 0[$50 per day, fines in the
amount of$28,300.00 for the period of June 29, 2005 through April 7, 2006 at a rate of$100 per day, plus $930.04
for the operational costs incurred in the prosecution of this case for a total of$43,380.04.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or 'lntil Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
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
c
OR: 4033 PG: 2481
,.
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property described in Exhibit "A" and/or any other real or personal property owned by Respondents.
DONE AND ORDERED !hI, ~ day of 1710- ,2006.t CoJU" Couoty, Florida .
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY: Jj~ I3d
Sheri Barnett, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this.
Barnett, Chair of the Code Enforcement Board of Collier County, Flo
or _ who has produced a Florida Driver's Lic:!l~ as identificati
'" ~o~\1~~ 0\
Dot\t\~ \~tlltUU'l'i~~1 NOTARY PUBLIC
..-;.:;..'p~. COttl~IS:. ~~'6 \ lb. My commission expires:
-0. ~ . c .nlle. _"1'nfU .".
="'<""""''':~,.': c,'I\.y \3I)l\licu. (0..\'-'
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this O~J?~ has been sent by U. S. Mail to James
and Sherry Marshall, 975 Red River Rd., Gallatin, TN 37066 this ~ day of /1')"2iQ=' 2006.
,
~2~6~
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
)tate 01 f LORllJA
:au At)' of COLLIER
I HEREBY CEFrfJ~ THAT this fs a true and
correct cPPV .~:dOe~ment on me In
BoardM.t!'1ut~.. ~ . 'R~9.r.:;: of Collier Count.)
Wq~ ~!..'.: ",d', m~ic. seal this
Y"fl.
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Page 2 of 11
Westlaw
West's F.S.A. S 162.09
Page 1
c
Effective: October 1, 2004
West's Florida Statutes Annotated Currentness
Title XI. County Organization and Intergovernmental Relations (Chapters 124-164) (Refs & Annos)
"~Chapter 162. County or Municipal Code Enforcement (Refs & Annos)
"~ Part 1. Local Government Code Enforcement Boards
... 162.09. Administrative fines; costs of repair; liens
(1) An enforcement board, upon notification by the code inspector that an order of the enforcement board has
not been complied with by the set time or upon finding that a repeat violation has been committed, may order
the violator to pay a fine in an amount specifIed in this section for each day the violation continues past the date
set by the enforcement board for compliance or, in the case of a repeat violation, for each day the repeat viola-
tion continues, beginning with the date the repeat violation is found to have occurred by the code inspector. In
addition, if the violation is a violation described in s. 162.06(4), the enforcement board shall notify the local
governing body, which may make all reasonable repairs which are required to bring the property into compli-
ance and charge the violator with the reasonable cost of the repairs along with the fine imposed pursuant to this
section. Making such repairs does not create a continuing obligation on the part of the local governing body to
make further repairs or to maintain the property and does not create any liability against the local governing
body for any damages to the property if such repairs were completed in good faith. If a finding of a violation or
a repeat violation has been made as provided in this part, a hearing shall not be necessary for issuance of the or-
der imposing the fine. If, after due notice and hearing, a code enforcement board finds a violation to be irrepar-
able or irreversible in nature, it may order the violator to pay a fine as specified in paragraph (2)(a).
(2)(a) A fine imposed pursuant to this section shall not exceed $250 per day for a first violation and shall not ex-
ceed $500 per day for a repeat violation, and, in addition, may include all costs of repairs pursuant to subsection
(1). However, if a code enforcement board finds the violation to be irreparable or irreversible in nature, it may
impose a fine not to exceed $5,000 per violation.
(b) In determining the amount of the fine, if any, the enforcement board shall consider the following factors:
1. The gravity of the violation;
2. Any actions taken by the violator to correct the violation; and
3. Any previous violations committed by the violator.
(c) An enforcement board may reduce a fine imposed pursuant to this section.
(Q 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
D
http://campus.westlaw.com/print/printstream.aspx?spa=000317487 -2000&rs=WL W9 .06&d...
7/6/2009
Page 3 of 11
West's F.S.A. S 162.09
Page 2
(d) A county or a municipality having a population equal to or greater than 50,000 may adopt, by a vote of at
least a majority plus one of the entire governing body of the county or municipality, an ordinance that gives
code enforcement boards or special magistrates, or both, authority to impose fines in excess of the limits set
forth in paragraph (a). Such fines shall not exceed $1,000 per day per violation for a first violation, $5,000 per
day per violation for a repeat violation, and up to $15,000 per violation if the code enforcement board or special
magistrate finds the violation to be irreparable or irreversible in nature. In addition to such fines, a code enforce-
ment board or special magistrate may impose additional fines to cover all costs incurred by the local government
in enforcing its codes and all costs of repairs pursuant to subsection (1). Any ordinance imposing such fines
shall include criteria to be considered by the code enforcement board or special magistrate in determining the
amount of the fines, including, but not limited to, those factors set forth in paragraph (b).
(3) A certified copy of an order imposing a fine, or a fine plus repair costs, may be recorded in the public re-
cords and thereafter shall constitute a lien against the land on which the violation exists and upon any other real
or personal property owned by the violator. Upon petition to the circuit court, such order shall be enforceable in
the same manner as a court judgment by the sheriffs of this state, including execution and levy against the per-
sonal property of the violator, but such order 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 filed pursuant to this section, whichever occurs first. A lien arising from a
fine imposed pursuant to this section runs in favor of the local governing body, and the local governing body
may execute a satisfaction or release of lien entered pursuant to this section. After 3 months from the filing of
any such lien which remains unpaid, the enforcement board may authorize the local governing body attorney to
foreclose on the lien or to sue to recover a money judgment for the amount of the lien plus accrued interest. No
lien created pursuant to the provisions of this part may be foreclosed on real property which is a homestead un-
der s. 4, Art. X of the State Constitution. The money judgment provisions of this section shall not apply to real
property or personal property which is covered under s. 4(a), Art. X of the State Constitution.
CREDIT(S)
Laws 1980, c. 80-300, S I; Fla.St.l981, S 166.059; Laws 1982, c. 82-37, S 8; Laws 1985, c. 85-150, S 2; Laws
1986, c. 86-201, S 8; Laws 1987, c. 87-391, S 2; Laws 1989, c. 89-268, S 8. Amended by Laws 1994, c. 94-291,
9 4, eff. May 29,1994; Laws 1995, c. 95-297, 9 1, eff. Oct. I, 1995; Laws ]999, c. 99-360, S 5, eff. Oct. 1,
1999; Laws 2000, c. 2000-125, 9 I, eff. April 24, 2000; Laws 2004, c. 2004-11, S 65, eff. Oct. 1, 2004.
LIBRARY REFERENCES
Environmental Law €=> 19.
Westlaw Topic No. 149E.
C.J.S. Health and Environment SS 134, 150, 156, 173.
RESEARCH REFERENCES
Encyclopedias
Challenge to Validity of Zoning Restrictions on Mobile and Manufactured Homes, 41 Am. Jur. Proof of Facts 3d
(Q 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works.
http://campus.westlaw.com/print/printstream.aspx?spa=OO0317487-2000&rs=WL W9.06&d... 7/6/2009
Retn: INTBR OPlICI: S GARCIA
COLLIIR COUNTY CaDI IRPORCB
2800 N HORSISHOB DR CDBS BLDG
NAPLBS PL 34104
3880479 OR: 4081 PG: 3366
RICORDBD in the OPPICIAL RBCORDS of COLLIIR COUITY, PL
08/02/2006 at 11:04AK DWIGHT I. BROCI, CLIRI
RIC PlB
18,50
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents
/
Iy 27,2006, on the Respondents' Motion
noted that the Respondent is not i
violation; (b) actions taken by the
corrected and (i) any other equitable factors which would make the requested mitigation appropriate, now denies
the Respondent's Motion for Reduction/Abatement of Fines.
ORDER OF THE BOARD
Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and
Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the Respondents' Motion for Reduction/Abatement of Fines and Lien is DENIED.
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. Filing an Appeal shall not stay the Board's Order.
*** OR: 4081 PG: 3367 ***
DONE AND ORDERED ffrisd't- daY~' 2006 at Collier County, Florida .
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
,~
BY:
Richard b . g, Vice-Chair
2800 North eshoe Drive
Naples, Florida 34104
Modugno
Donna ~. 0134494
.'.....';f.~~,_ CommiSSion :0 \ s. 2007
:'~'~'..~ Expires: f\ F.'fhrU
:,'. ~:"= Bonded. C IOC
_~. ::.9. ndlng 0..
.,.~i-;Cif;"6'..,' o\llantlC Bo
I",...."...
G~
I HEREBY CERTIFY
and Sherry Marshall, 975 Red Ri
o,,~. S. Mail to James C.
,2006.
wson, Esq.
ori Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
:>tat8 01 f LORII.JA
.:aURt)' of COWER
" '. '~\f';.'" .
........J-'"
J H~REBT.C.f1l:T~rt:J.~ATthis Is a true and
. co~rect ~.g.~:~ ~~ment on file In
Boar4.~in.utes ~.ct. ~~orcs Of Collier Count)
1~'.. .&.3 my ~.;.1(jCfji:'~b$.9~1 this
:. day of . . ~T- LOOp
. fl. .... (.J'"
DW , CLERK OF CO
',.
2':;
/'
D.C. _ . _ ...
.J
3835454 OR: 4033 PG: 2480
RlCORDID in OlPICIlL RlCORDS of COLLIII coum, fL
05/09/2006 at 11:0211 DIIGHT I. BIOCI, CLIII
IIC liB 44.00
,
Retn:lltllOnICI
CODE ENFORCEMENT BOARD COLLIIl cOUln CODlllrORCJlJI
COLLIER COUNTY, FLORIDA SBIlLIY K GARCIA
2800 . BORSISBOI DR CDIS BLDG
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents,
/
and Conclusions of Law and thereup
iting on April 5, 2005 and
furnished to Respondents and was r
Order dated April 5, 2005, it is hereby
ORDERED, that the Respondents, James C. and Sherry Marshall, pay to Collier County fines in the
amount ofSI4,150.00 for the period ofJune 29,2005 through April 7, 2006 at a rate of$50 per day, fines in the
amount of$28,300.00 for the period ofJune 29, 2005 through April 7, 2006 at a rate of$100 per day, plus $930.04
for the operational costs incurred in the prosecution of this case for a total of$43,380.04.
IT IS FURTHER ORDERED that the fines and operational costs shall continue to accrue until Respondent
comes into compliance or 'lOtil Judgment is rendered in a suit to foreclose on a lien filed pursuant to Section 162.09
Florida Statutes.
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
OR: 4033 PG: 2481
,-
review of the record created within. Filing an Appeal shall not stay the Board's Order.
This Order may be recorded and shall, pursuant to Section 162.09, Florida Statutes, constitute a lien
against the property described in Exhibit "A" and/or any other real or personal property owned by Respondents.
DONE AND ORDERED this ~ day of mo- ,2006 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY:.Jj~ f3avU1' ~
Sheri Barnett, Chair
2800 North Horseshoe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
as been sent by U. S. Mail to James
day of /r{'b..7J= 2006.
I HEREBY CERTIFY that a true
and Sherry Marshall, 975 Red River Rd., Gall
~~~6~
Florida Bar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
.)Iate at f LORIl'^
.:cURt}' of COLLIER
I HEREBY ~.E~rlft THAT this Is a true and
correct c;,QPV ~:tYC)e~m~mt on me in
Board~uf~ , . '~~9,r~~ of Collier Countt
Wq~a7~:': ".d",mc;c. seal this
'.~
fl;
D.C.
~-
ow
",.
3650241 OR: 3834 PG: 0782
RECORDED in OPPICIAL RECORDS of COLLIER COUNTY, PL
07/01/2005 at 08:35AM DWIGHT I. BROCK, CLERK
RIC PEE 18,50
Retn:INTEROFPICE
LEO BONANNO, OPIRATIONS COORD,
CODE ENFORCEMENT BOARDCC CODB BNFORCIMBNT/CDIS BLDG
COLLIER COUNTY, FLORIDA 2800 N HORSESHOE DR
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents
/
ORDER ON MOTION FOR RE-HEARING
for Rehearing, and the Respondents, havi
Any aggrieved party may appeal a final order ofthe 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 appellat~
review of the record created within. Filing an Appeal shall not stay the Board's Order.
*** OR; 3834 PG: 0783 ***
..
DONE AND ORDERED thb:d:l day Of~ 2005 al Comer County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY I FLORIDA
:;.'.
8T A TE OF FLORIDA )
)88:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me thi~ 7day of a~ -1 ~, 2005, by Cliff
Flegal, Chair of the Code Enforcement Board of Collier County, Flori ho is ~ty known to me
or _ who has produced a Florida Driver's License as identifica' n. ," _ 1 _,,)
Donna L. Modugno ER C . ~ 7lcL~
/~~~~~'" commission #DD234494 O~\J
;.<LP'~".= Expires: Aug IS. 2 My co
:\.. ,.1,: Bonded :n'1U I
..'!."'.r:.... "t1antic Bonding ..
t by U. S. Mail to James C.
,2005.
State of FlORl1JA _ .
County of CO. 'I~.: l. "
........... ' " .
.' .~ .' . . .. .. .,; '..
. ~. ~ ...... ...._....".. "c..:'~
I HEREBYCERTiFTTHAT'~~.true"
correct ~O, .'dOcument~ fJr.i'llR
Board Mln~ and, Recoros ~f QaIjJer Couftb
WlTttESS rt#/":e~and ;!A,i~, .' this
~daJ'Pf.;. :~ "
.. .. ......
~...". "'..." .' ~.... .
DWIGHT Eo Ii ,': '.'e~~CJf;~ORl'l
By: .. ~ D.C.
..
~.
..
ietn: IJ!UOUICI 3636099 OR: 3818 PG: 2102
LBO BOIADO, OPIRUIOIS COORD, DCORDID in the OrPICIlL BeORDS of COLLI" eOUITY, rL DC 01
ee eODI IIPORClIII!/CDIS BLDG 06/10/2005 at 09:0711 DiIGH! I. BROCI, eLIRI
2800 I BORSISIOI DR
18.5'
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner.
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents
ORDER ON MOTION FOR RE-HEARING
rd on May 26, 2005, on the Respondents' Motion
rvic .") The Board having considered the
hapter 162. Florida Statutes, and
hearing involved an error on a ruling oflaw, which was fundamental to the decision of the Board.
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. Filing an Appeal shall not stay the Board's Order.
ttt OR: 3818 PG: 2103 ttt
.
,
DONE AND ORDERED this ~ day Of~, 2005 at Collier County, Florida.
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BY, ~t~
Cliff Flega hair
2800 Nort Horses oe Drive
Naples, Florida 34104
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this J}! day of ~lt.-M ,2005, by Cliff
Flegal, Chair of the Code Enforcement Board of Collier County, Florida, is ---Personally known to me
or _ who has produced a Florida Driver's License as identification. /' J, . /""1_. '
./ r~;vJ
t by U. S. Mail to James C.
,2005.
,;t~te of FlORWA
County of COLUER
I HEREBY CERTJf(1!U:i)h{$)s a true Ind
correct cop~~.d~ment. ~r\.f!le in
Board MII\~. .,,~; ~~~ ol t?9lUer Count)
~ESS. .' nQ Indo '. I ,_ .lthls
cil Of.. -; .
y ..
.. . . II".... ,~~.: "...
DWIGHt E. B K,C.LERK'OF'OOURTS
Ily: Cl..t.tu .~ D.C.
~
- '79!fp;~.
OR: 3771 PG: 3449
~
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents
/
FINDINGS OF FACf. CONCLUSIONS
OF LAW AND ORDER OF mE BOARD
2. That the Code Enforce
Respondents, having been duly no e
~
3. That the Respondents were
4. That the real property located 1h Avenue N.W., Nap 34120, Folio Number
37590120007 more particularly describe GOLDEN I\TES, Unit 20, according to the plat
thereof recorded in Plat Book 7, Page 80 of ~! County, Florida, is in violation of'
Section 104.5.1.4 of the Florida Building Code as' ler County Ordinance 02-01, and Sections
10.02.06(BXt)(a) and 10.02.06(B)(IXd) of Ordinance 91-102, as amended, codified as the Land Development
Code in the following particulars:
8,2005, and the Board, having beard
riate matters, thereupon issues its
~
1.
Numerous wooden sheds built without first obtaining authorization of Collier County pennits. Also, a
house that was semi-built under Permit #86-2791, which has expired without obtaining all the required inspections
and certificate of occupancy.
ORDER OF mE BOARD
Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in
Chapter 162, Florida Statutes, and Collier County Ordinance No. 92-80, it is hereby ORDERED:
That the violations that were found to exist be corrected in the following manner:
OR: 3771 PG: 3450
4
1. For all non-permitted sheds or accessory structures on descnbed property, by obtaining aU CoUier
County Building Permits or demolition permits and by following through with all required inspections and
Certificates of Completions for described structures within ninety (90) days (June 28, 200S);
2. For primary structure, by obtaining a new valid Collier County Building Pennit within ninety (90)
days (June 28, 2005) and follow through with all required inspections and Certificates of Completion within 180
days of permit issuance;
3. In the alternative, by obtaining a CoUier County Demolition Permit and by removing the primaiy
structure and all related debris to an area intended for such use and obtaining all required inspections through
certificate of completion within ninety (90) days (June 28, 2005);
4. That if the Respondents do not comply with paragraph I of the Order of the Board within ninety (90)
days (June 28, 2(05), then there will be a fine of $50 per day for each day that the violation continues past that
date.
5. That if the Respondents do not comply with paragraph 2 of the Order of the Board within ninety (90)
days (June 28, 200S), then there will be a fine of $100 per day for each day that the violation continues past that
date.
6. That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board
within ninety (90) days (June 28, 2005), then there will be a fme of$l00 per day for each day that the violation
continues past that date.
7. That the Respondents are to notifY. cials that the violation has been abated and
request the Investigator to come out and
8. That the Respondents are 0
StMe at FWRWA' . '.
QIu._ oIIM\Wia:\~1'{ Ce.::.,J. .
... c;u-:. ....... . j'e;;9;
I HEREBY ~~..~ft-. IIId
correct copYMf/a ~~~~"I
Bnard Mlnu :end)~~rds.~ ~ Counlt
~ESS m . n . - '; SIIIt..,lhll
~ day of -:' . c::)
.~~ . ;,,-.~..:..':.~~
DWlBHT Eo BROCtc; C~~('fbOuRT8
By; D.C.
STATE OF FLORIDA }
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me this.~ day of 1~r1' f ,
2005, by.9ff'Flegal, Cbainnan of the Code Enfore t Board of Collier Co~ty; FI rida, who is
~rsonally known to me or _ who ced a Florida Drive License as identification.
, rnc,Q~
.''''', Donna L. Modugn.o
:j.~1.~.,~ Com!1'ission ImD;3i~~~
= :~\ '..: ExpIres: Aug \ ,
:.;:. ~:": Bonded Thru
"'~;;o;:;..?" Atlantic Bonding Co.. Inc.
"'1"\\
*** OR: 3771 PG: 3451 ***
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a troe and correct copy of this O~ bas been s~: S. Mail to James C.
and Sherry Marshall. 975 Red River Road, Gallatin, TN 37066 this day of J I ,2005.
.
~~~
M. Je wson, Esq.
Florida ar No. 750311
Attorney for the Code Enforcement Board
400 Fifth Avenue S., Ste. 300
Naples, Florida 34102
(239) 263-8206
lea:
e e eODI IIlOIClDI!
IITII O..ICI / LIO BOl1ll0
213 2994
3593067 OR: 3771 PG: 3447
DeGIDID in the o.neIAL DeORDS of COLLIII coum, lJ.
01/11/2005 at 09:0111 DIIGHt I. BROCI, CLIII
DC 81
u.oo
"..
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA,
Petitioner,
CEB NO. 2004-72
vs.
JAMES C. AND SHERRY MARSHALL,
Respondents
/
ORDER ON MOTION TO CONTINUE
Collier County Ordinance No. 92-
Based upon the foregoin
162, Florida Statutes, and
THIS CAUSE came on for public he
Motion to Continue, and the Board hay'
hereby DENIES the said Motion to
the execution of the Order appealed. An appeal sha:
review of the record created within. Filing an Appeal shall not stay the Board's Order.
DONE AND ORDERED this ~ day of ~, 2005 at Collier County, Florida .
CODE ENFORCEMENT BOARD
COLLIER COUNTY, FLORIDA
.
,
OR: 3771 PG: 3448
STATE OF FLORIDA )
)SS:
COUNTY OF COLLIER)
The foregoing instrument was acknowledged before me thiS~daY of Itnr; I " 2005, by Cliff
Flegal, Chair of the Code Enforcement Board of Collier County, Flo' W 0 is ~ known to me
or _ who has produced a Florida Driver's License as identifica on. :
"'"'''' Donna L. ~~~m~ . 4~
~~.f.'."'''!!'4:.... Commission # 2007
: :~"..: Expires: Aug \S,
~~" ~:J'j Bonded Thru
',;r1io;"'~" Atlantic Bonding Co.. inc.
"''"',\
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this O~ has been s~ by U. S. Mail to James C.
and Sherry Marshall, 975 Red River Road, Gallatin, TN 37066 this day of Ii {f'f ,2005.
--
o.t.
SorrelsAzure
From:
Sent:
To:
Cc:
Subject:
IstenesSusan
Tuesday, August 04, 2009 8:48 AM
PetrulliPatricia
SorrelsAzure
RE: Land Development Code Interpretation
Hi Patti,
The sunsetting provision is intended to ensure development proceeds at a specified level over time so
eventually the project is eventually completed and built out. It isn't intended to preclude businesses from
operating within the development which has already occurred on site, therefore the answer to question no. 1
is Yes, an occupational license can be obtained and a business can operate on this property (assuming you
are talking about existing buildings). Regarding your second question, that could get a little tricky. For
example in the case of alterations/ maintenance to existing structures I don't think it is the intent of the code
to disallow preventative maintenance or alterations where there are life safety or potential life safety issues
present. So for example, if a demolition permit was required to remove an existing building or a portion of an
existing building for life safety or similar purposes it would be OK to issue a demo permit or other permits for
structures in a preventative or maintenance situation. When it comes to redevelopment or new development
it is my opinion that it is the intent of the Code to preclude that until the PUD is amended or an extension is
granted. Therefore the answer to number 2 is "it depends." If the requested permits are to demolish or
maintain existing structures I say it is OK to issue a permit. If the requested permits are for remodeling or
new development I would say the PUD needs to be amended or extended first.
If you have specific examples where you are getting stuck applying this provision of the code please feel free to
ask.
Susan :M. Istenes, .5UCP, 'Director
'Deyartment of Zoning and' Lana 'Deve{oyment 1{eview
From: Petru IIi Patricia
Sent: Monday, August 03, 20094:17 PM
To: IstenesSusan
Cc: SorrelsAzure
Subject: FW: Land Development Code Interpretation
Susan,
I'm requesting an interpretation of the Land Development Code section 1O.02.13(D)(6 and 7). I need to obtain
clarification regarding what can be done on a property that has a sunsetted PUD. In the section mentioned above
which discusses the 3 options for a sunsetted PUD it mentions, " however no further development order applications
shall be processed by the county until
What does the word "development" imply?
1. Can an occupational license be obtained and a business operate on this property?
2. Do improvements/alterations/demolition made to an existing permitted structure fall in the category of
development?
Patti Petrulli
Supervisor East Naples District
Collier County Code Enforcement
2800 N. Horseshoe Drive
Naples, Fl. 34104
1