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CEB Backup 09/24/2009 Cf;B CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: September 24, 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 MAY BE 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, WmCH 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. August 27, 2009 Hearing 4. PUBLIC HEARlNGSIMOTIONS A. MOTIONS Motion for Extension of Time I. Catalina Calderon Est., Ofelia Dimas & Jorge Calderon CEB NO. 2007110455 B. STIPULATIONS C. HEARINGS -I BCC vs. Manuel F. & Ana L. Moran 2. BCC vs. Mr. 99 Cents, Inc. 3. BCC vs. Elvis Barrera j(. BCC vs. Petitoles Saint Jean 5. BCC vs. Anthony Dinorcia Sr. 6. BCC vs. Meghan H. Soloff ,yBCC vs. Marie L. GHot ~ BCC vs. Georges & Etheres E. Alcee 9. BCC vs Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est. CEB NO. CESD20080007126 CEB NO. 200705898 CEB NO. CESD20090010623 CEB NO. CESD20090010557 CEB NO. CEVR20080013185 CEB NO. CEVR20090004297 CEB NO. CESD20080015112 CEB NO. CESD20090011384 CEB NO. CESD20090005007 5. OLD BUSINESS A. Motion for Imposition ofFineslLiens I. BCC vs. Jose Rodriguez 2. BCC vs. Genel Bricius & Dieumila Faugue 3. BCC vs. Southern Development Co. Inc. 4. BCC vs. Jaime & Damarys Oliva 5. BCC vs. Jaime & Damarys Oliva CEB NO. CESD20080003864 CEB NO. CEPM20080004430 CEB NO. CEVR20080014785 CEB NO. 2006090513 CEB NO. 2007080436 B. Motion for Reduction of FineslLiens I. James C & Sherry Marshall CEB NO. 2004-72 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of FineslLiens B. Request to Forward Cases to County Attorney's Office I. Reinhard Marton CEB NO. CESD20080010163 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - October 22, 2009 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. Plaintiff, Case: 2007110455 vs. CATALINA CALDERON EST.. OFELIA DIMAS & JORGE CALDERON, Respondent(s) NOTICE OF HEARING EXTENSION OF TIME 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: 09/24/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY LOCATION OF VIOLATION: 305 Wells ST Immokalee, FL SERVED: CATALINA CALDERON EST., OFELIA DIMAS & JORGE CALDERON, 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 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 I. audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las Ofelia Dimas Gorge Calderon PO Box 448 Immokalee, FI. 34143 09/02/09 Collier County Board of County Commissioners, We are requesting an extension of Demo Permit # 2009061366, due to the fact, that it has taken longer than expected to accomplish our goal, of demolishing the residence, located at 305 Wells St. Unit# 1, in Immokalee, FI. We have currently complied with all requirements and are awaiting further direction from the Immokalee Fire Control District. Currently we have contacted Chief Scott Birge and have requested his assistance with the demolition. We have offered this building to the Immokalee Fire Control District, for training. The house has been vacant and is being maintained up to date. We have forwarded the necessary documents: Asbestos Survey, Insurance, Proof of Ownership, and Demolition Permit. Due to the amount of time, we would ask for a three month extension, to start at the end of the original three month period, which ends at the end of September. We feel this may allow sufficient time for planning, scheduling, and a lot clean up. We would inform Code Enforcement of a date and time, once we have received this information from the Fire Dept. Thank You, /~i't I l1J/J&mas ~ :; ~~I ~'1- George C Idero", INSTR 4317732 OR 4470 PG 2672 RECORDED 7/9/2009 3:49 PM PAGES 5 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110455 vs. CATALINA CALDERON EST., OFELIA DIMAS and JORGE CALDERON, Respondents. I 3. TIllS CAUSE having come before 25, 2009, and the Board, having h rd appropriate matters, thereupon is es follows: t Board at public hearing on June 1. property. That Catalina Cald ~ certified mail and by posting. 4. That the real property located at 305 Wells Street, Immokalee, FL, Folio #81321280007, more particularly described as Lot 23, Block B, of the Wells subdivision, according to the plat thereof as recorded in Plat Book 4, Page 32 of the Public Records of Collier County, Florida, is in violation of Section(s) 10.02.06(B)(I)(a); 1O.02.06.(B)(I)(e); 1O.02.06.(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22, Article II, 104.1.3.5 of the Collier County Code of Laws and Ordinances, in the following particulars: ConstructionlAdditionlRemodel done to overhang attached to front door entrance of house without Collier County Building permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, and pursuant to the authority granted in Chapter 162, Florida StatUtes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: The violations of Section(s) 10.02.06(B)(I)(a); 1O.02.06.(B)(I)(e); 1O.02.06.(B)(l)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22, Article n, 104.1.3.5 of the Collier County Code of Laws and Ordinances, be corrected in the following Illllliner: I. The Respondents shall pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. OR 4470 PG 2673 2. The Respondents shall apply for and obtain a Collier County building pennit, or apply for and obtain a demolition permit to remove the construction/addition/remodel, as well as obtain any and all inspections and certificate of completion within 90 days of this hearing, or a fine of $200.00 per day will be imposed for each day the violation remains. 3. The Respondents must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confinn compliance. 4. If the Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owners. 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 J <gt- day of July, 2009, at Collier County, Florida. STATEOFFLORIDA ) ) COUN1Y OF COLLIER) -~~.QR NOTARYP LIC I My commission expires: 1/'J-q I;L . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. ~~ Catalina Calderon Est., Ofelia Dimas, and Jorge Calderon, P.O. Box 448, Immokalee, FL 34143 this day of July, 2009. ~oL A-- Uo H illI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 330 I East Tamiami Trail Naples, Florida 34112 (239) 252-8400 OR 4470 PG 2674 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs, Case No. 2007110455 CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON Respondent(s), STIPULATION/AGREEMENT. COMES NOW, the undersigned, CALDERON EST, CATALINA, OFELIA DIMAS, JORGE CALDERON , on behalf of himself or herself 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 2007110455 dated the day of May, 2009. THEREFORE, it is agreed between he o 1) Pay operational costs in the a days of this hearing. 2) Abate all violations by: Respondent must obtain a collier 305 Wells street, Immokalee FL, 34142 f completion within 90 days of the hearing or pay a fine of $200.00 per day will be imposed until violation is abated OR obtain a Collier County demollition permit, inspections and certification of completion within 90 day of this hearing or a fine of $200.00 per day will be imposed untill violation is abated. If the repondent fiI to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff Office to enforce the provisions of this order. rs outlined in said Notice(s) of Violation forwhich . the administration of the code enforcement Ftters outlined therein the parties hereto .1 ) 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 abaled 24 hours prior to a Salun:lay, Sunday or legal holiday, then the . notification must be made on the next day that Is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the pro isions of this agreement and all costs of abatement shall be assessed to the property owner and all 'costs of abatement shall be ass d t the roe owner. \ . ia lagg, Director ~ Code Enforcement Department REV 4/24/09 OR 4470 PG 2675 "~ ;:.:.!.~Ce,:/ ZS- / r?? . Date ." '.' .' '. ,. ~':'.:.. , .~.( I",.. ~ t/ GeoV"je.. Cq (c:lerort... ; <1 Date . .. ;. :~ . . .:;:". :..\ -'..""0 :. 'r'; f). \.'\,( ..... ......,..._...... M,o, '.4 ..'~ REV 4124109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Manuel F & Ana L. Moran, Respondent DEPT No. CESD20080007126 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 5-8 9-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff. Case: CESD20080007126 vs. MORAN. MANUEL F & ANA L, 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: 9/24/2009 TIME: PLACE: VIOLATION: 9:00 a.m. 3301 Tamiami Trail East Building F Naples, FL 34112 BuilqJngPermit r15C'10.02.06(B)(1)(a) LOCATION OF VIOLATION: 865 Everglades BLVD S Naples, FL SERVED: MORAN, MANUEL F & ANA L, Respondent Michelle Scavone, 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. SetVicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para WI mejor entendimiento con las comWl.icaciones de este evento. Per favor traiga su propio traductor. AveUsman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprat pou pale pou-ou. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080007126 Moran. Manuel F & Ana L, 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 the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance(s ) 04-41 as amended Collier County Land Development Code Section 10.02.06(B)(I)(a) and 10.02.06 (B)(I)(e)(i). 2. Description of Violation: Permit number 2002023338 for steel building expired with out Certificate of Occupancy 3. Location/address where violation exists: 865 Everglades Blvd S Naples, Florida 34117 Folio number 40987721006 4. Name and address of owner/person in charge of violation location Moran, Manuel F & Ana L 885 Everglades Blvd S Naples, Florida 34117 Folio number 40987721006 5. Date violation fIrst observed: May 5, 2008 6. Date owner/person in charge given Notice of Violation: May 8, 2008 7. Date onlby which violation to be corrected: June 8,2008 8. Date ofre-inspection: August 28,2009 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 d for a public he 'ng. Dated this 28th day of August, 2009 STATE OF FLORIDA COUNTY OF COLLIER this~day of August, 2009 by Michelle Scavone Personally known ~ced identification - Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC. STATE OF FLORIDA -'''It D 1" P 1 l~ I",:. 'e lela u se \~~f } Co~s.sion # DD629723 .""".", Exprres. JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO" INC. REV 3-3-05 ~ Case Number: CESD20080007126 Date: May 08, 2008 Investigator: Michelle Scavone ' Phone: 2392522973 COLLIER COUNTY CODE ENFORCEMENl NOTICE OF VIOLATION Owner: MORAN, MANUEL F & ANA L 885 EVERGLADES BLVD S NAPLES, FL 341174534 Location: 865 Everglades BLVD S Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: Sec. 18 Township 49 Range 28 Folio:40987721 006 OR BOOK 3943 Page 373 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 10.02.06(8)(1 )(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) 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 confDrm 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 aflDwed 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: . ';;;~; .'1. ';fn~th~~~~;rlfi~J'i~p~8~~:~~Rtgf~'f8~e'~~-idifStr~aff"2r~rt~4i~~~rr~~~tlefin~ bf~'nY' tVpe=iffaf~qffirsfa=1~:;,",,~,';id;Z building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Permit number 2002023338 for steel building expired with out Certificate of Occupancy ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initiallnsoection 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. 2. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 06/08/2008 Failure to correct violations may resulf 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. INQUIRIES AND COMMENTS SHOULD BE It.rlj DIRECTED TO CODE ENFORCEMENT 1""1 2800 No: HorseshoeDr. Naples, FL:-341 04 ' "c... 3 Investigator Signature ...J0~ '~;;:~::;:::;::'-:';,. . . ~ ~ -'-......;. '. _'_.'~.... ~-:...: "c. c.'-.___._.___.._.._ .,_,_ .,.,;:.:''--- _J "":;,,- Dated: -'..;: - ~~.,.:...ij:z.:::;::.:_;~..:.J.,~:..;~~i,:_.;:~ ~:J.j:-~:;~....;:i~;;..t2~~~:i2~=~~~3n,;-~.;: '-~.::~r.=::..:;;,,,..~:;:.::.... ;':: .. -,'-:.-,.,- ...;.;..... ': h -_..",_; ~_... . ., .-.- I',' -~~':""r:::x.....7;'"',;:--; ..' .;.. .......~: - "'--.. . ~.~-7.:=. ~i:;'::::':':';":',...:'~~':~...:.:... ~_'_", ~~~'~""'!. ~'. :.T_,..;~:.;,,,,"'" ',; 4 ~ ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOBfDA, RECODIFYING TIiJ~. COWERCOUt:-JTY LAND DEVELOPMENT CODE, WHICH IN- C~UDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLJER COUNTY, FLORIDA, BY ~UPERCEDING ORDINANCE NUMBER 91-102, AS AME;NDED; 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 CONSTRUCTlqN, SEC. 1.04.00 APPLlCABI!-ITY, SEC. 1.05.00 FINDINGS, PURPOSE AND ~NTENT, SEC. 1.06.00 RULES OF . INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER"2 - ZONING "DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, ~EC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04:00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DIS-rRICTS, SEC. 2.05.00 DENSITY 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 PR.OTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION qF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROIEC- TION, AND PRESERVATION, SEC. 3.06.00 WE;LLFIELD AND GROUNDWATER PROTECTION; _ -CHAPTER- 4 - SITE' DESIGN AND DEVEL6pr~fENtSTANbARDS;~-lNCLOOING~E6. 4.01.00 " GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEQ. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,. SEC. 4.05.0.0 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00. DESIGN STANDARDS FOR PLANNED UNITDEVEL9PME~TS, SEC. 4.08.00 RURAL LANDS ?TEVYARDSl:iIP AREA ZONING OVERLAY DIS~ICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.0.4.0.0. 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. 6.0.2.00. ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEQ. 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 ADMIN1STRATIVE BODIES, INCLUDINGSEC, 8;01.0Q'GENERALLY, SEC.' 8.02.00 BOARD OF COUNTY COMMlSSIONERS, SEC. 8.03.0.0. PLANNING COMMISSION, SEC. 8.04.0.0 BOARD OF ZONING APPEALS, SEC. 8'.05.00. BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.0.0 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00. COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS , . ., ,"FB9M"CODE REQUI.R~MENTS, tNCL~DIN(3SEC..9~Ot.OO GENERALLY,.;$EQ~;~jJ?OO..oevEL- -:.,--"?............"..,_..........--=;-..,.-,<~-,..............,-~....,-..-....;..".~'"....-::-':'.'. --', . '".. ..,," -'- . --.... .- -- ',,"," "', -....-- -.,..... --,"". ".; .. , OPMENTWITH VESTED RIGHTS, SEC. 9:03.00 NONCONFORMITJES, ~EC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAK1NG PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 o 10.02.06 A.2. '- APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. 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. .,........_..,' ,.". ,~~ ..?-.:-t.-:,,"_:!"". -.., .,-.w"'.... ..... . ," ..' . . . ~ --'_4"~ :.:P~..":l~;_':'_;:;:":_ - .,-:. 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 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 perl11its. 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 -8undin~fCodEfoT-tl1is-Cb'dg"arTdno -building oY land alteration' perffltt- application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order. from the board .of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information requfred 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,fncluding 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 "c~-'oii a specific parcel of land 'for 'i~ifncfj arfQilding or land alteration permit, j~- 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 Lv <:::11,.,n "In? I nr.1 n.R!::; 10.02.06 8.1. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 8.1. 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 obseryance 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 . '-tne co-unty shallliav~' the'pow~rtct revoke-suchpermituntil 'said: error.'is corrected. . ,_.- ~.... ....,..........;...;: ,-' .._'''!~'i ,1.' _'.~: ~~'..":'f1',~.._ ....:::=.,?.~:;..::,-~_'-',.r-..,-:-.,.. --".. "'-~ -- . ~'. ' . ~.~:-:~.a:.'";'~':.:."_"':'"b~ti.,.~ ~ ':,~ ';"I ~ ;:-'_'.;.:~- ~...-'" ..~:: ',' ,", 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 building permit. No site work, removal of protected vegetation. grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement 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 arid 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. .<',' ..,~,~<,-,~. '~'C~~-~:d:~,~t ~~:~.~~.~~~;~~~fU~::::~d~~~~~ru::t~~a:~~'~~~~~:;~:e~:. . ,.-. all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 1 I r"'If"'~ ('I.ot:: COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 FA. 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. ^.-. Project Implementa- tion Timeline # of Phases Phase Timelines 18 months 1 18'lOOnths.- -,,-- --, ....,. ,....- ~.- "'.- 30 months 2 18 months-First Phase 30 months-Second Phase 42 months 3 18 months-First Phase 30 months-Second Phase 42 months-Third Phase 54 months 4 18 months-First Phase 30months-Second Phase 42 months-Third Phase 54 months-Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, othervvise the code enforcement action will proceed except as othervvise provided pursuant to section 10.02.05 F.2.e. - (Ord. No. 04-72, ~ 3.88) 10.02.06 Submittal Requirements for Permits -~.""A: ''''-c'- c.;ene~ra/7y.'-Any"pe'rrnit submitted t6the COlIf1ty must meet the requirements forthat-particolar-tJ'ermitr' 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 develop- ment. 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. Development of 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. Supmission 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 fcE3lated petition required by this Code to allow for concurrent reviews and public _ . '.. .. _ ,_ ;:t -,,". .,' ".~ .,.... ~._~" hearings before both the planning commjs~ion and the BCC of the ADAa:fld 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. '.~K~%d~~: ~~~~~n~'t\~~:~;~~~6l~t'~7:;0::;;~t~~~:~~i~~~~~~~t!~~~~~~~~~~u~,t: ';.' development order or building permit if (1) it can be shown that issuance of said d development order or building permit will result in a reduction in the level of service for any 6 ,,~.~ .:1; ~ ,....:c~.c-.;.'..-:.::~~'"., ~ :c::-.::..-'~,~ '.1:-"-' 3745767 OR: 3943 PG: 0373 RECORDED in OFFICIAL R!CORDS of COLLI!l COURTY, FL 12/07/2005 at 08:22Al DVIGH! I. BROCI, CLIRI CQHS 590000.00 -'" "'c' RlC:'iB;"~ U; 5 0 DOC-.70 4130.00 Prepared by Diane Fabbrini, an employee of Island TlI:Ie Guaranty Aqercy 6300 Trail Boulevard Naples, Florida 34108 (239)597-15n Retn: ISLAlD TIfLI GUARAlfY AGlley I PICI DP Retumto:; ,Grantee "::-~;;;':;"'.; ..: .-' ::.;..;..-:~:.... Ale No.: 2125-973464 WARRANTY DEED This indenture made on November 22, 2005 A.D~, by Romelio Carta and Josefina Carta, husband and wife Manuel F. Moran and Ana L Mo whose address is: 865 South hereinafter called the "grantee' : (Which terms "Grantor"' and "Grantee- D I representat:iYes, successors and assigns either sex, and shaD include heirs, legal '~i~ "_,- ,-, Dollars, ($10.00) and other grants, bargains, sells, aliens, land situate in Collier County, , t G , U NO. 82, according to the Plat as of Collier County, Rorlda. Parcel Identification Number: 40987721006 SUbject to all reservations, covenants, conditions, reStrictions and easements of record and to all applicable zoning ordinances and/or restrictions imposed by governmental authorities, if any. Together with all the tenements, hereditaments and appurtenances thereto belonging or in any way appertaining. To Have and to Hold, the same in fee simple forever. Page1of2 2125 - 973464 q *** OR: 3943 PG: 0374 *** ..~ -....:._..'"~v'-.-<"'.. ....,.,-.. -."...,;.. .~- .,:'~,,,,,:,:,~~'7"~# -"__,' _ .. .':~_. .~"'_. .' ",''';;:''~''';...;:-t_,~:...:-,,, _.~ ,,-, _'_'., . And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land In fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31st of 2005. loWitness Whereof, the grantor has hereunto set their hand(s) and seal(sHhe cI~ ~ndYear first abOve written. - . . .-. Romelio Carta ~ J~fin arta Print Name: ~ "1 -t.'] \ j Witness ignature '---"'" e: t\ Yl'1 tw rLI J trc\w Vl U.A;~ J-:- State of ~AS County of c..o.\.LA k. .~."" .' ;~~ CHERYL L PYi..~, . '.' ~~~.) Notary Public, Stale of I L: ~_ ~ . "''\ I.J IIr COMml~Slon Ex;:" ~. o;.:~~' Jt_!~_y 27, ::~. -; .._:";;,,~<r;.~_r:;..__ _ '-"'~:...._ .. 1- ;).,-0(, Pilge2of2 2125 - 973464 }C) Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Manuel F. & Ana L. Moran Inv. Michelle Scavone Department Case No.CESD20080007126 INVESTIGATIONS Hours Per Hour I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $O:OO~ I Total $3.15 $0.00 $3.00 $13.14 $19.291 FINDING OF FACT HEARING PaQes Co Dies Per PaQe 11 143 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o PaQes 1 3 Document Recording (First Page) Document Recording (Addl Pages) I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Paae $10.00 $8.50 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 CODies o o 182 Per Paae $0.15 $0.75 $0.25 $10.00 $25.50 $68.001 I Total $0.00 $0.00 $45.50 $0.00 $0.001 IMPOSITION OF FINES HEARING Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Add I Pages) Paaes 1 3 Per Paae $10.00 $8.50 $10.00 $25.50 $0.001 Total Operational Costs $87.29 ~- "~:,""",:_"'V'---~- ....,..', 'COELIER"COUNTY CODE'ENFO'RCEMENT1l0:ARD ^"'C".--'rl':l'_"=",~~-'" CEB CASE NUMBER CESD20080007126 Board of County Commissioners, Collier County, Florida Vs. Moran, Manuel F & Ana L Violation ofOrdinance/Section(s) ) 04-41 as amended Collier County Land Development Code Section 10.02.06(B)(1)(a) and 10.02.06 (B)(1)(e)(i). Michelle Scavone, Code Enforcement Official Department Case No. CESD20080007126 DESCRIPTION OF VIOLATION: Permit number 2002023338 for steel building expired with out Certificate of Occupancy RECOMMENDATION: "'=--=""""'-~.tlw~de-Enf01oomeBrfro1mt~efS'''"ttre''':Re"S'p'O'ildehrto "paY"1tU-'~W~{)stlP-:in:th~~.;c~~~)';; amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Applying for and obtaining a Collier County Building permit(s) or Demolition Permit for all unpermitted construction/improvements to the garage all related inspections, through a certificate of completion (CO) within days of the date of this hearing or a fine of $ a day will be until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080007126 Moran, Manuel F & Ana L, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, qo.i\\A~ \ F~ ~\(K(\i\, on behalf of herself or h"1~16QIf 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 CESD20080007126 dated the 8th day of May, 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permit number 2002023338 for steel building expired with out Certificate of Occupancy THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $t~'12(.\ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building permit(s) or Demolition PeI111it for all unpermitted construction/improvements to the garage all related inspections, through a ceJiificate of completion (CO) within \2- D days of the date of this hearing or a fine of $ 2cO. C,O a day will be until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed to the, pro,y owner. ~" \ .'_ . 0) ~,/-e~ . '-'_' ~ '--- C~) ( <... Respon Of- epresentative (sign) '(e.' v Diane Flagg, Director t Code Enforcement Departm' 7l)/f'jJ t/ e--/'~ m/'94>vl Respondent or Representative (print) q "dL\,.o0 Date 7r- <9 s;/ -- L'") 7 Date Rq)'cu:'vh~\'j 0" }x'nC\\( oZ' i\,(c, l, \ \C"C" \ '._ tLcJ.jlJ REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080007126 Moran, Manuel F & Ana L, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, ~-k).r\\I., e \ F': \~\o'\(\C\ , on behalf of herself or hll1\sQI-t 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 CESD20080007126 dated the 8th day of May, 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permit number 2002023338 for steel building expired with out Certificate of Occupancy THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $fj\ ,2(~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building pem1it(s) or Demolition Penl1it for all unpem1itted construction/improvements to the garage all related inspections, through a certificate of completion (CO) within IZ. 0 days of the date of this hearing or a fine of $ 2CC1, Co() a day will be until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed to the p~y owner. '.\.'- . /)!) ~ .' "'v-/{~ P ( /'L_'/ - epresentative (sign) -fo v Diane Flagg, Director ( Code Enforcement Departm t 7JJ/?>lpe(.~ mpr~'/vl Respondent or Representative (print) CI . , ',)tt. OL1 Date 7r- :9 V _... ~) 7 Date Rcuxcc.<,' 1\'\ "\\Cj 0\ \ \..x'\\(\\(' ('..'(.' .. \J,.c.". \ \ / I J ./ ' '\ \ 't.~, \. . (,''((, \ \ ,._,.-i:::;;L:--I< REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Mr. 99 Cents, Respondent Nivian Hassam, Registered Agent DEPT No. 2007050898 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007050898 vs. MR 99 CENTS INC, Respondent(s) HASSAM, HOMAR NIVIAN HASSAM, 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: 9/24/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F. Naples, FL 34112 VIOLATION: 04-41 Sec. 1 0.02.06(B)(1 )(a), 1 0.02.06(B)(1 )(e). 1 0.02.06(B)(1 )(e)(i) LOCATION OF VIOLATION: 1811 Lake Trafford RD Immokalee, FL SERVED: MR 99 CENTS INC, Respondent Nivian Hassam, Registered Agent 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)774-8900; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlFICACION: 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 W1 mejor entendimiento con las comWlicaciones de este evento. Por favor traiga su propio traductor. .i COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007050898 Mr. 99 Cents Inc., 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 Collier County Ordinance(s): 04-41 as amended, The Collier County Land Development Code, Sec(s). 10.02.06.(B)(I)(a); 1O.02.06(B)(I)(e); 1O.02.06(B)(e)(i) 2. Description of Violation: A 50ft x 12ft room addition without first obtaining proper Collier County Permits. 3. Location/address where violation exists: 1811 Lake Trafford Rd, Immoakee, FL 34142 . Folio# 000745600000 4. Name and address of owner/person in charge of violation location: Registered Agent Nivian Hassam 280 NW 129th Ave, Miami, FL 33182 5. Date violation first observed: May 25, 2007 6. Date owner/person in charge given Notice of Violation: December 22,2008 7. Date onlby which violation to be corrected: January 12.2009 8. Date ofre-inspection: May 29,2009 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 he ,eferred to the Collie, County Code Enfo'cement Boa<d fo, a pnbHc ~ Dated thIs 'In day of~ "1Y\ 0 :' n ~ Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before this~day of.::!ilrf.t11J1loo9 by f~ (PrintlType/Stamp Commissioned Name of Notary Public) Personally known or produced identification _ Type of identification produced REV 8-20-08 NOT~ PUBUC..sTATE OF FLORIDA l'" '."~ JennIfer E. Waldron \~ ] Co~mission # DD823767 ..",........ ExpIres: SEP. 17, 2012 BONDED THRU ATI.ANTIC BONDING CO., INC. ~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Case Number: 2007050898 Date: December 22, 2008 Investigator: Jonathan Musse Office Phone: 239.252.2411 Cell: 239-877-8134 Owner: MR 99 CENTS INC 504 MAIN STREET IMMOKALEE, FL 34142 Registered Agent: NIVIAN HAS SAM 280 NW 129TH AVE MIAMI, FL 33182-1163 Location: 1811 Lake Trafford RD Immokalee,FL Unincorporated Collier County Section: 32 Twp:46 Range: 29 Zoning Dist: C.4 Folio:00074560000 Property Legal Description: 324629 NE1/4 OF NW1/4 OF SE1/4, LESS RIW, LESS THAT PORTION DESC IN OR 1272 PG 1912 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (5) 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) Submittal Requirements for Permits. Building or Land Alterati.on 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) Submittal Requiraments 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 )(i) 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 cede 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 cenform te applicable zoning regulations, and other land development regulatiens. For purposes of this section a land alteratien permit shall mean any written authorization te alter land and for which a building permit may net be required. Examples include but are not limited to clearing and excavatien permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added te, altered, utilized or allewed te 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 CountyBuilding Code or~his Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : . i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A 50ft x 12ft room addition without first obtaining proper Collier County permits. 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 structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must requesUcause required inspections to be performed and obtain a certificate of occupancy/completion. o 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental SeNices. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: January 12, 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: 1J!~,,- .~~ he . Investigator Sign re! Jonathan Musse ~~ INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North HorseshoeDr, N les, FL 34104 Phone: 239 252-2440 . 23 52-2343 December 22, 2008 Date 4 ORDINANCE NO. 04- 41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS , ~ F COLUER COUNTY, FLORIDA, RECODIFYING THE COLLIER ~ ~ COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE ~q~o;~ COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102. AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACTi 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. 1.04.0<?T- APPUCABIUTY, SEC. 1.05.00 FINDINGS, PURPOSE AN~~.:. INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00;.::=::: LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINmONS;~'l;:;; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. ~iS 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING S:S, DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 b"" PERMISSIBLE, CONDmONAL, AND ACCESSORY USES IN:::!;;! ZONING DISTRICTS, SEC. 2.05.00 DENSITY 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 GENE~ALL Y, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONe MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR USTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 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 RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 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 POUTICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACIUTlES 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 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of6 :-> c...'" c.::> .L- S 11 ..- 1".) - 0;;) 1 ~ rn 9 0 CJ\ ..D 5 Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application fOf building or lana 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. fJJ 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 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 pro_ceed 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 01 building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any. type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remOdeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Book 4258 - Page 2000 Page 1 of 1 t\felfi(J(t)Qel'ld Tltrs~'..Cb:tteet~Deed Sb_D...tot~~CJtl,d!t-d ~~~~~a.tJJese 'PI1l~~arfle~s;re@rd~~lnOJt Qf)o1t>i4J8t,.Pag~f!15, .Puli.~R~eGtdlllOf-COdi~t! <=bU)lt;)',F1mida.. 4611391 ...COHIlIl) ipOlllCI 111'11/'20IJ' at OI:G Tats lNSlRJJMBmPR.EPAREDBY: Tboxnas K. B'(Ultdman mOMAS K. BOARDMAN" P'.A. 1400 North 15th... r. .Street" Suite 201 '. . Immokalee, F10rida 34142 letn: ROIIAS t BOA-, 1IOOI1S,18. S', '2a Il10lItll IL 311t2 Parcel 1.0.. No.: ()OO'4560000 CORRECTOR\' ~A1lRA.Nn:.J)EEn TmSINDENTURE, madethbf Zl~$tYOfJ'Un~t2007J between'BEl' Grantor, whose mailing address is. 1292 TraffohtOaks Road, Imn1okalee,.FI,e 99 CENTS1 lNC*~a. Florida COt'pQration,. Grante~, wbosemailing address hnrnokalee, Florida 3'4142,. WITNBS~ that the GriinitOJ;,fQtandmconsiderauon oftbe sum ANE)'NOltOOANDOTmm..GOOD.ANDVAL'UABLB OONSIDE.B.AnON~ bytheOtantee,..the'reeeiptwhereOfi$.~erebY~krtow[~ge~J1as.,grantea".batW Grantee~hisheits an,da$ignsforever1thefullawingdescribeClland,.situate,aoc c>fCollier,StateQfFIQrida, to-wit: ' The No,rtheQ$t 1/4 oithe. Northwest 114. of the SQutbeast 114:. Less r. Road rlgbt-of..waYt Less the SouthSaO.'72'feet, .andL~ssthe West 9t SCQtion32..Township 46South,Range<29Bas~C~llierCQunty. Plon This c:onveyance lssubjec.t to easem.entstrestrfctions,and reservations well as to taxes for the currenty.ear. Note: This property is not the homesteado.ftbe Qrantornorhas it eVel of the: Grantor. TO HAVE AND TO HOLD in fee.simpl~ forever. http://www.collierappraiser.com/viewer/Image.asp ?Percent=&ImageID=43 5 866 11/30/2007 C(; ZDa?05o.6t e?) 2004 . Weft r : try M• • ." .. I it! "e • • 7 l. , . I. ii .,w ,..Fey,_fi . �;,a �;�Y►a4- _ . 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' 4 , 4 • • , - ‘ ,11.' 0625/2008 11 19 an • ....4.-,- .._. .-,...-:, .. - Z.' 0-• .‘.m.....,7°. ,..4,".'"'- '":7'...',” . , t . I t , a,' •-• e. — ' A ' , A ' ' t ' ., . ;-,-*, , . . .„, ,1 ,.Ar... i . . , , I ... .,--;II••,,I-!-I:-''‘I''''I 1 II'IIII-I3II-1"--:ZIIit tfII„-,44aII' III4 -4k4t69 i .'"' . ■."-—---'-r' .4'`I.,'L' ''''''''''''' ''' :--: - 1'.'",:?%. •:- -.' ---- ' ;:-;;', ....;.„ ......,•;-,.;4 ''....'..11:;'77.:'''S',ii:*:;*i",:; kt: "..•■• _. -"..'.44'..-'.4..*-r J.* -,.. . - -..- '- ?...V4: - ' 1 44t.. -'• " ..-."42--!.:::$11.*.•--'-- , , .,•--., . Y;.;:Z.ZZ''.'7'4':... '''''f...1.f.,..:il'a''-'''-' - ' ""-7,-;,. .'"I'''',-1.t..N....e.i.41.(ZZ -- * .._ -- - - .. -., , _... itrSu--t .ra. - ..-'''' , - ,i-- ...,... ... .,,,, -.....z..- .....,,,,- , , ,...............,.. . .... . . 11 18 all t-''''.' ' ....!:.:.:,i':°11•'.'1'."cr-f.'" , . Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs.Mr. 99 Cents, Inc. Inv. Maria Rodriguez Department Case No.2007050898 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $0:001 I Total $2.57 $0.00 $3.00 $13.14 $18.71~ FINDING OF FACT HEARING Paaes Copies Per Paae 9 117 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o Paaes 1 3 Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Paae $10.00 $8.50 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.001 I Total $0.00 $0.00 $45.50 $0.00 $0.001 IMPOSITION OF FINES HEARING Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 3 Copies o o 182 Per Paae $0.15 $0.75 $0.25 Per Paae $10.00 $8.50 $10.00 $25.50 $0.001 Total Operational Costs $86.71 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007050898 Board of County Commissioners, Collier County, Florida Vs. Mr. 99 Cents Inc Violation Collier County Ordinance 2004-41 as amended of Section(s) 1O.02.06(B)(1)(a); 1O.02.06(B)(1)(e); 1O.02.06(B)(1)(e)(i) Maria Rodriguez, Code Enforcement Official Department Case No. 2007050898 DESCRIPTION OF VIOLATION: Addition built on the structure without first obtaining proper Collier County 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. Obtaining a Collier County building permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with _x_ days of this hearing or a fine of $_._ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit to remove any said illegal construction additions, remodeling to include inspections, and certificate of completion within _x_ days of this hearing or a fine of $_._ per day will be imposed until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Elvis Barrera, Respondent DEPT No. CESD20090010623 ITEM P AGE(S) Notice of Hearing u.... 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: CESD20090010623 vs. BARRERA. ELVIS, 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: 9/24/2009 TIME: 9:00 a.m. PLACE: VIOLATION: 3301 Tamiami Trail East Building F Naples, FL 34112 Building Permit LDC1D.02.06(B)(1)(a) LOCATION OF VIOLATION: 208 Benson ST Naples, FL SERVED: BARRERA. ELVIS, Respondent Carol Sykora, 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 disponibJes en la audiencia y usted sera responsabJe de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle, Nou pan gin moun pou f8 tradiksyon, Si ou pa pale angle tanpri vini avek yon inteprel pou pale pou-ou. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010623 Barrera, Elvis, Respondent(s) STATEMENT OF VIOLA nON 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 Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) 2. Description of Violation: No Collier County permits for conversion of a garage to living space. 3. Location/address where violation exists: 208 Benson St. Naples, Florida 34113 Folio 77310080002 4. Name and address of owner/person in charge of violation location: Elvis Barrera 208 Benson St. Naples, Florida 34113 5. Date violation first observed: June 30, 2009 6. Date owner/person in charge given Notice of Violation: July 21,2009 7. Date on/by which violation to be corrected: August 10,2009 8. Date ofre-inspection: August 11,2009 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 9th day of September, 2009 c~~ STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement Investigator to (or affirmed) and subscribed before this 9th day of September, 2009 by Carol Sykora f. U~~ g ture of Notary Public) Personally known ",/ or produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 3-3-05 NOTARY PUBUC-STATE OF FLORIDA ..........,..... Jennifer E. Waldron \W) Co~mis.sion # DD823767 .......". ExpIres. SEP. 17,2012 BllNBl!B THR II "'TLANTIe B9NDING eg" INC. Q Case Number: CESD20090010623 Date: July 07, 2009 Investigator: Carol Sykora Phone: 252-6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BARRERA, ELVIS 208 BENSON ST NAPLES, FL 34113 Location: 208 Benson ST Naples, FL Unincorporated Collier County Property Legal Description: SEC. 32 TWP.50 RNG.26 Folio: 77310080002 ZONING DIST:RSF-4 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 10.02.06(B)(1)(a) The County Manager or his designee shall be responsible for determining whether application's for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: No Collier County permits for conversion of a garage to living space. o.RDER~I.o.,CORRECT VIOLA TION(Sf;..:.~._.. "'__"_..' '::::':~i.::=.~. ..A:;;', .... c~.L'~_:...cvr'-",,--"., .-:.,'~._.... ....";...,..'......~:~:;_ You are directed by this Notice t6 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 request {cause required inspections through to and including certificate of occupancy/completion. OR must obtain a Collier County demolition permit and remove structure and improvements to a site intended for final disposal and obtain inspections through and including a certificate of completion. ON OR BEFORE: 08/10/2009 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 proseclltion. OR - 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: a~ Investigator Signat Carol Sykora INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Ph8;;-2~ 2~2-3902 Signature and Title of Recipient efrh) 7~~'M Printed Name of Recipient Date 07 /:;. l/tJ? # -,. 3 "1J en d1 , . 3 -....It Co:) Of .CD OJ ~ o:>r ~ I " ~I <P tT 2 WI III tJl -< I\) t::J 0 ~ D OJ D. D i' tJ1 ~ -D ' 3 CJ <Il I a ru 0- l..n :II ..z::: ~ 1;-'1 3 I f>- ()Zl\.lm III III 0- CIl "C (Xl:S, (l)' - --.tII ...\1Il"t.......___.. ,,~ .(l)OJ' () ".l,,'::::J llli I m.-nICll:~.I'j, ,,, r- 0..... '" :::J (l) Owrniil I\.lo,j:l. r+ ........ 0.....(1) <OW(l) o r+ o ..... o Q) I\,) w _1 .... . . . ?t g ~l3 ~S'b' it gos:a33 >0. s::: a ~ ~ '2. III :T' =E c: - ~ 0. aural"':J)lD m a~g~~~ ~ ::;;a:3CDS0 R ~6'~!llB.:" ~S:3a.o!'J lll~s:!'l~!ll 'Clllllla.aja. ~ ~ ~ !-< ~ ft!3.aour~ . S:o~ftl3 CD '< :T!e. 8 i ~ ; ~-5 "6" < - g ~ ~ !1J CD !o> !J. ::;; en~:II ~ i-s $1)<: "'<: <Il ~ ....8. ~ D> \1\ 0' <Il 0. '< ::0 a. 0. ...... m~ ~ ~ O<ll 0. ~ m~ ii fl <~ ~ 1'> f mlj Ci' ~>;. OK~ ~ o <Il ?'i 3 :II OOOf i ifl&>- [ l:_::\.S ~.~ ~f ~ ~!~ p ~ ~ ~ c::: ~ en = i 000 c..u &l g~i I'--=> , i ~ ~ ~ c::> = ~ >;. :II ~~ ~ ~ if 01 0 ~ CD i III 6 a '" :T ~ ~ ~ 0. 0 $" 4 10.02.00 APPLICATION REQUIREMENTS Page 75 of 129 10.02.06 Submittal Requirements for Permits A. General/y. 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 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. 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 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 http://library8.municode.comJdefauIt-test/boc ViewI13992/1/67 /69?hiIite=1 0 02 06: 8/19/2009 '-- ~ 10.02.00 APPLICATION REQUIREMENTS Page 76 of 129 shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. 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 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 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 http://library8.rnunicode.comldefault-test/Doc View/13992/1I67/69?hiIite= 10 02 06; 8/19/2009 W 10",,1 L, "l PrepIred By: NeIIoa Suarez EundYe TItle luunace Servlc..IDC. 360'7 T...... TnU North H.""" JL incidental to the issurance of a title insurance policy. File Number: 5-99-298-DI Pan:cIID #I: '7'7310080002 Grantee(s) SS#I: 542-98-'864 tt* 2534550 OR: 2594 PG: 1116 *t* UCOIID II orrmu UCOIDI of COUlD ClIII'rI, n "/23/1'" at II: SUI II1G1'! I. 11OCI, CUB COlI 15M.... DC III '.M DOC-.n m." 'tta: IDC'Q!JYI !tILl IIIUWCI rIa " WARRANTY DEED (INDIVIDUAL) This WARRANTY DEED, dated 09/1711999 by Mark W. KeobaDe aDd Kimberly J. KeobaDe, buabaDd aDd wife whose post office address is: 18044 San Carlos Blvd. #132 Fort Myers Beach, Fl3393l hereinafter called the GRANTOR. to Elvis Barrera whose post office address is: 208 BeDlOD St. Naples FL 34113 hereinafter called the GRANTEE: (Wherever used herein the tenns "Grantor" and "Grantee" include all parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations.) WITNESSETH: That the GRANTOR. for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains. sells, aliens, remises. releases, conveys and confirms unto the GRANTEE. all that certain land situate in Collier County. Florida, viz: zoning ordinances andlor restrictions o ing or in anywise appertaining. s o above noted, the GRANTOR is lawfully I authority to sell and convey said land; fend the same against the lawful claims of all Signature: Print Name: rJ). (}.. ^ OF, GRANTOR has signed and sealed these presents the dale set forth above. , SENeE OF TIlE FOLLOW:O WITN'1;!bJ J;:k Mark W. co".e - ~%k"l- Kimberly J. Keo IN WITNESS SIGNED IN Signature: Print Name: State of Florida County of Collier I am a notary public of the state of lI2dU and my commission expires: THE FOREGOING INSTRUMENT was acknowledged before me on Mark W. KNba.. ud Kimberly J. Keoba.e, baabaDd aDd wife by: who is penonally known to me or who has produced Driver'. Lice ntification and who did-Dot take an oath. Notal')' Seal Signature: Print Name: NelloD ~ Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Elvis Barrera Inv. Carol Sykora Department Case No. CESD20090010623 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total ~I I Total $2.29 $0.00 $3.00 $13.14 $18.431 FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o Paaes 1 3 Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Paae $10.00 $8.50 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.001 I Total $0.00 $0.00 $45.50 $0.00 $O.OOl IMPOSITION OF FINES HEARING Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 3 Copies o o 182 Per Paae $0.15 $0.75 $0.25 Per Paae $10.00 $8.50 $10.00 $25.50 $0.001 Total Operational Costs $86.43 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090010623 Elvis Barrera Respondent(s), STIPULA TlON/AGREEMENT COMES NOW, the undersigned, Elvis Barrera, 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 CESD20090010623 dated the 7th day of July, 2009. 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 agree as follows: 1) The violations noted in the referenced Notice o~ Violation are accurate and I stipulate to their existence. No Collier County permits for the conversion ora garage to living space. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $~ ~.'t~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining all permits required for conversion of a garage to living space. Must request/cause required inspections through to and including certificate of occupancy/completion OR must obtain a Collier County demolition permit to restore to a permitted state and remove structure and improvements to a site intended for final disposal and obtain inspections through and including a certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all cosls of abalem=~all be assessed 10 Ihe property owner. . ~_ (Jv.~ ~.. 1.\.CQ.~ Respondent or Representative (sign) Diane Flagg, DireCfo'r D - Code Enforcement Department elvr') ~1Jc~U;~ Respondent or Representative (print) q-d.-4-C9 Date Ot-~i-~I Date REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD200900 1 0623 Board of County Commissioners, Collier County, Florida Vs. Elvis Barrera Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06 (B) (1) (a) Carol Sykora, Code Enforcement Official Department Case No. CESD20090010623 DESCRIPTION OF VIOLATION: No Collier County permits for conversion of a garage to living space. 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. Applying for and obtaining all permits required for conversion of a garage to living space. Must request/cause required inspections through to and including certificate of occupancy/completion OR must obtain a Collier County demolition permit to restore to a permitted state and remove structure and improvements to a site intended for final disposal and obtain inspections through and including a certificate of completion within days of this hearing or a fine of will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090010623 Elvis Barrera Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Elvis Barrera, 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 CESD20090010623 dated the 7th day of July, 2009. 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. No Collier County permits for the conversion of a garage to living space. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $~ ~.'1.i incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining all permits required for conversion of a garage to living space. Must request/cause required inspections through to and including certificate of occupancy/completion OR must obtain a Collier County demolition permit to restore to a permitted state and remove structure and improvements to a site intended for final disposal and obtain inspections through and including a certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek, If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday,) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. ~ ~ ~, c::::1.....,.. 1~ 0L k Respondent or Representative (sign) Diane Flagg, DireCfc>'r D - Code Enforcement Department e/l/r') ~4~Upll Respondent or Representative (print) q-d-4-0~ Date 0'1' - ~i- tJ{ Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Petitoles Saint Jean, Respondent DEPT No. CESD20090010557 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090010557 vs. JEAN. PETITOLES SAINT. 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: 9/24/2009 TIME: 9:00 a.m. PLACE: VIOLATION: 3301 Tamiami Trail East Naples, FL 34112 Building Permit LDC 1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 105 Doral CIR Naples, FL SERVED: JEAN, PETITOLES SAINT, Respondent Carol Sykora, 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 NOTIFlCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduction no seran disponibles en 18 audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odlsyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vinl avak yon inlap.....t pou pale pou-ou. -1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010557 Jean, Petitoles Saint, 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 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) Building and Land Alteration Permits and Collier County Code of Laws and Ordinances Chapter 22 Article II. Section 22-26(b) 104.5,1.4.4 Abandoned or Suspended Permit. 2. Description of Violation: Permit #2007061296 for a screen pool enclosure, expired without obtaining all inspections and certificate of completion. 3. Location/address where violation exists: 105 Doral' Circle Naples, Florida 34113 Folio 54901800009 4. Name and address of owner/person in charge of violation location Jean, Petitoles Saint 2740 Linwood Ave. Naples, Florida 34112 5. Date violation first observed: June 11,2009 6. Date owner/person in charge given Notice of Violation: June 22, 2009 7. Date on/by which violation to be corrected: July 15, 2009 8. Date ofre-inspection: August 19,2009 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 24th day of August, 2009 c~ STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement REV 3-3-05 Sworn to (or affinped) and subscribed before this 24th day of August, 2009 by Carol Sykora. (Signa~O~7) (hintJType/Stwnp Commi"iooed Name of Notary Public) Personally known or produced identification Type of identification produced N(]'fAfty jffilH.J(j's'I'ATE of FWRIDA ~.".......,~ Maria W. Hernandez i _ J Co~sion # DD857656 ............,. ExpIreS: FEB. 03,2013 BONDED THRU ATUNTIC BONDING CO., INC. & .#,~ ,jP-t:.I<-'" (~':) Case Number: CESD20090010557 Date: June 16, 2009 Investigator: Carol Sykora Phone: 252-6866 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JEAN, PETITOLES SAINT 2740 LINWOOD AVE NAPLES, FL 34112 Location: 105 Doral CIR Naples, FL Unincorporated Collier County Property Legal Description: LEL Y GOLF EST UNIT 1 BLK 2 LOT 35 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 10.02.05(B)(1)(a) Abandoned or Suspended Permit. 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) (104.5.1.4.4) 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: If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and b~comenull and void. Penl)jt,abandonl!!~ntshall be dee.lTle~to haye occurred if ~ required inspection has f1.ot been-requested or satisfaCtorily'.c.c>mpleted within a six (6) month period. Once construCtion has commenced ona . building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: PERMIT #2007061296 FOR A SCREEN POOL ENCLOSURE EXPIRED WITHOUT OBTAINING ALL INSPECTIONS AND CERTIFICATE OF COMPLETION. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. ON OR BEFORE: 07/15/2009 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: Investigator Signature Carol Sykora (lau-P ~ Zoning Dist: RSF-3 Folio: 54901800009 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FA:X:"2~9;.252-3902 itl€, gf Fkcipient .. rinted Name of Recipient ,t1f\-Rl~, A,Jl!~ 5} ~e<A-V PA'Tt:: CJc,/ e:2..2 /0 9 3 10.02.00 APPLICATION REQUIREMENTS Page 75 of 129 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 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. 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 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 http://library8.municode.com/default-testJDocView/I3 992/1/67 /69?hilite= I 0 02 06: 8/19/20094 10.02.00 APPLICATION REQUIREMENTS Page 76 of 129 shall be approved by the County Manager or his designee for the erection, moving, addition to. or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. 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 ofa 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 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-S.00S5, F.AC. e. Improvement of property prohibited prior to 'issuance of building permft. No site work, removal of protected vegetation, grading, improvement of property or http://library8.municode.com/default-test/Doc Viewl13 992/1I67/69?hilite=1O 02 06; 8/1912009 5 Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal ofthe application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and ..........,:::. satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. ~ ';.i,~~:'.~~;~:~~I~;.~'~;:~' tthr:. 11,6.:. 1n,;1 MoO SU? 8 '11 ~ 1"-.'l"H\o.n,l.~,lU lbIs Docum..al Prepared By and Return 10: """"'7,~~: " .,.,,, ..... Brian B. Bush, an employee of: Title America of Palm Beach, Inc. 1263 10th Street Suite B Lake Park, FL 33403 *** 4019670 OR: 4230 PG: 1467 *** mORDID in OFFICIAL RlCORDS of COLLIIR COOln, lL 05/16/2007 at 02:17PM DWIGHT I. BROCI, cml CaRS 440000.00 RBcm 10.00 DOC..70 3080.00 Retn: TITLI AKBRICA PAtH mCR 1263 10TH ST 18 LUB PARI PL 33403 Pa""'IIDNum""r: 54901800009 Warranty Deed This Indenture, Made this 14th day of Marie Saint Jean, a single woman May , 2007 A.D.. Between of the County of Collier , petitoles Saint Jean, a single man Slate of Florida , grantor, and whose address is: 2740 Linwood Ave., Naples, FL 34112 of Ihe County of Collier ,Slate of Florida ,grantee. Witnesseth thatlhe GRANTOR. for and in consideralion of the sum or ------------------------TEN DOLLARS ($10) --------------------___ DOI.IARS. and other good and valuable considenllion to GRANTOR in hand paid by GRANTEE. lhe receipl whereof is hereby acknowledged, has granled. bargained and sold 10 Ihe said GRANTEE and GRANTEE'S heirs, successor.; and assigns forever, tbe rollowing described land, siluale, lying and being in lhe County of Collier Slale of Florida towil: EXHIBrr "A" Lot 35, Block 2, LEL Y GOLF ESTATES Page 49. of the Public Records of Collie () the plat thereof. as recorded in Plat Book 8, ~;;. In Witness Whereof, the Signe~, sealed and delive and the granlor does hereby fully warrant the litle to said land, and will de rend the same against lawful claims of all persons whomsoever. hereunto set her hand and seal the day and year firsl above wriuen. arie Saint Jean P.O. Address: 105 Doral Circle, Naples, FL 34113 (Seal) STATE OF Florida COUNTY OF Collier The foregoing inslrumenl was acknowledged before me this Marie Saint Jean, a single woman j /l:.h day of May ,2007 by she is personally known to me or she has produced her Florida '+ SAINT JEAN 450 1.a5CT GCI'ICUllcd ...)'.~ lm.r1ay S)'&ICI11!i. Inc., :!(KI7 (KlIJ) 1f,.V::'i:'i." hlrm ]'l.Wf)., Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Petitoles Saint Jean Inv. Carol Sykora Department Case No. CESD20090010557 INVESTIGATIONS I Hours Per Hour Total $0.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $2.29 $0.00 $3.00 $13.14 $18.431 FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o Paaes 1 3 Document Recording (First Page) Document Recording (Addl Pages) Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 PerPaae $10.00 $8.50 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.00~ I Total $0.00 $0.00 $45.50 $0.00 $0.001 IMPOSITION OF FINES HEARING Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 3 Copies o o 182 Per Paae $0.15 $0.75 $0.25 Per Paae $10.00 $8.50 $10.00 $25.50 $0.001 Total Operational Costs $86.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010557 Board of County Commissioners, Collier County, Florida Vs. Jean, Petitoles Saint Violation ofOrdinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 1O.02.06(B)(1)(a) Building and Land Alteration Permits and Collier County Code of Laws and Ordinances Chapter 22 Article II, Section 22-26(b) 104.5.1.4.4 Abandoned or Suspended Permit. Carol Sykora, Code Enforcement Official Department Case No. CESD20090010557 DESCRIPTION OF VIOLATION: Permit #2007061296 for a pool screen enclosure, expired without obtaining all inspections and certificate of completion. 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. Applying for and obtaining a valid Collier County permit for the pool screen enclosure and obtain all inspections and certificate of completion within days of this hearing or a fine of $ per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090010557 Jean, Petitoles Saint Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jean, Petitoles Saint, 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 CESD200900i1 0557 dated the 16th day of June, 2009. 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence, Permit #2007061296 for a pool screen enclosure, expired without obtaining all inspections and certificate of completion. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ ~(. ~ ~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a valid Collier County permit for the pool screen enclosure and obtain all inspections and certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (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,) gn) Diane Flagg, Director Code Enforcement Department g-~\.f.-Ol Date [ - V\J Respondent or Representative 09, d';~ OCj Date REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090010557 Jean, Petitoles Saint Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Jean, Petitoles S~int, 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 CESD200900,10557 dated the 16th day of June, 2009. 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 agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Permit #2007061296 for a pool screen enclosure, expired without obtaining all inspections and certificate of completion. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ it.~ ~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a valid Collier County permit for the pool screen enclosure and obtain all inspections and certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (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.) gn) Diane Flagg, Director Code Enforcement Department g-~\.{-Ol Date ~ - rJ Respondent or Representative 09, d.j. 0'1 Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Anthony Dinorcia Sr., Respondent DEPT No. CEVR200800 13185 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:CEVR20080013185 vs. DINORCIA SR. ANTHONY, 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: 9/24/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION: 6920 Hunters RD Naples. FL SERVED: DINORCIA SR, ANTHONY, Respondent Susan O'Farrell, 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 comunicaciones de este evento. Por favor traiga su propio traductor. Aveijsman - Tout odisyon yo fel an angle, Nou pan gin moun pou fe lradlksyon. Si au pa pale angle lanpri vini avek yon inteprel pou pale pou-ou, 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20080013185 Anthony Dinorcia Sr., 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 County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 04-41 as amended Collier County Land Development Code Section 3.05.08 (C) Requirement for Removal of Prohibited Exotic Vegetation 2. Description of Violation: Prohibited Exotics on Property 3. Location/address where violation exists: 6920 Hunters Rd Naples, Florida folio #00282920005 4. Name and address of owner/person in charge of violation location: Anthony Dinorcia 6920 Hunters Rd Naples, Fl. 5. Date violation first observed: 9-15-08 6. Date owner/person in charge given Notice of Violation: 9-17-08 7. Date onlby which violation to be corrected: 10-17-2008 8. Date ofre-inspection: 5-21-09 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 10th day of June, 2009 ~Pf)' U Susan O'Farrell Code Enforcement Investigator NOTARY PUBLIC . STATE OF FLORIDA -=-'W<::. Delicia Pulse ~.~ JCo~ssion#DD629723 efo{e this 10th day ofJune. 2009 by""""",., ExpIres: JAN. 16,2011 ) THRU ATLANTIC BONDING CO'I INC. STATE OF FLORIDA COUNTY OF COLLIER ./ Personally known ~r produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 3-3-05 ~ Case Number: CEVR20080013185 Date: September 17,2008 Investigator: Susan O'Farrell Phone: 252-5754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DINORCIA SR, ANTHONY 6920 HUNTERS RD NAPLES, FL 341090564 Location: 6920 Hunters RD Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: 64926 E 1/2 OF THE FalL: BEG AT SW COR SEC RUN E 990.21 FT TO POB, N 660FT, E 330,07FT, S 660FT, W 330.07FT Folio: 282920005 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: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited eXDtic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit.: Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: OBSERVED PROHIBITED EXOTICS ON PROPERTY ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 ON OR BEFORE: 10/17/2008 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: Susan O'Farrell ~ature and it of Recipient , IfI/faf{~ ~~ MtLLIA-~ , P rnted Name of Recipient Date Q r/ I -/1- tJ 3 2POk_ll Investigator Signature Susan O'Farrell ~ 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizialebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. L1 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local' development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 5 ~1 .J ,1\ 'x ; ; J ;.;, ~ ("- ~ ,. 'J~ -'... ~ ' -'''' ~ ~r(' .:r 'LA'o:.: JI'l" ~ " I ,~ > ( j ,.1 t....O \~ 0 , ."'1 2650091.0R: 2681 PG~ 2~Yb maleiC In tbe OmeIAL mORDS at eOLLIIl eoum. PL 0611&/2000 at 07:13A1l DVIGHT I. nOel, CUll m m DOC-,70 1m: V1CTOP.lA I FILm Jill TAIlIAllI TR I 1m ImlS rL mOl QUIT-CUlM DEED TIfIS QUIT-CLAIM 0660, &e~"'ed Ihis ~}) d,,)' of \\ ,1 , 1091, by ANTHONY DiNORC/A Gnd CRISTINA DiNORCIA asjoinllenllnts with rights of survivorship to ANTHONY DiNORClA, a mtll'rkd mtUf. w/rose post l!!flce tultlnss is 6020 Hunters ROIIJ, NllpJes. FloriJ" J4160, second pflTt)': WITN ESSETIf, That tht suid fint JIfIrt)', for And in consident/on 01 the sum of SID-DO lit hand pDid by the mid 5tcond ptUIy, the receipt whereof is hereby acknowledged, does henb)' nmise, release alld qu;t-cla;m unto the said second party forever, all tlte rigltt, title, interat, cl"im Gild denuurd which the s"id .first /'II'" has In alld to the following described lot. piece of pllred of I"IIJ, situated, '1'''6 a"d beins In the Cou"l)' o/CoIlie,.. State 0/ FlorJJa, tu-wit: The East 1/1 of the following descrikd property,' J BE(jINNING at the .~outh"~t corner of Stction 6, Tuwnship 49 Soulh, R"IIge 26 Ept, "m Easterl)' along South boundaf)' line of said Section 6, a distance of 990.11 ftet to the Poi"t of 1kgillnill6: thence Mln Northerly alon, a line parallel to and 990.11 feet East of tire West boNlldtuy IlIIe of Mid S<<tloIt 6 a dlsta"ce of 660 feet to a poi"t: tlrelfce Easterly along alille pIWlllllb altd 660 lilt NDl't1t of said Sou tit boundary lint of StetlOll 6 a dura" of JJo.07 f~et to II point: th~IIce Soutlrerly alOllg tllJlfe pIIl'tIllel to altd I 310.1B leet East 01 said West bou"dllry llll~ of S~ctIOll 6 a Jlsttlllce of 660 feet to a point of said SOIItlr boItda" lUte of s.ctilJIf 6: theIJce Wnte1'ly alollg said South boundary line of StctiOll 6 a disttlllct of 330.07 JeellD a Pm"t oj RegiJfHH;Hg, CO/Ii" COUlly. FIOI'idlJ. - " .s " TO HA VB AND TO HOLD IhereunlO belonging or in anywise IIIfd cllIim wllfllSOn'f:r olthe SiZid bu,"1f oft/re s"ld second parry ore ,.. 0,,1y prope,. use, ben~fit alld mFII M~. 70 II d S filed ,hese prnelill t1i~ d".l' IN ff1TN/iSS W1iEICB F, and ytar first abol'~writttn. ..;< './' ------..-- l.:{~~ \ ~~ L fll j '>-""'\J / J ({. , / /, '. / ,:,nes:s: {'il .,' / , ( ; ~~~. - ^,-,-_.-- \ WltnlSS AJ. \ill H'~IV' I. " CRISTINA DiNORCIA ST..fTE OF FLORIDA COUNTY OF COLLIER I HEREBY C6RTlFY that on this day, before m/!, an officer dilly all,horiud in Ihe Stale aforesaid tllld ilt the Cuunty afonsaid to take acknowledgments. penOltal1y appeared ANTHONY DIN OR/CA. to me bowlI to H tire persOll JescrlHJ I" a"d wlto executed tlte 1000uilfg Utstrllmellt and Ite Dcbow/edged ulo,e me that he tXecuted tile same. . ')f.~ WITNESS my hand alld official seal ;11 the ClJUllty QnJ State, last aloNSaid tltis L::!.. da)' of -:YJXI. I09B. /' I I MyC__iul_Erpin" -- .)L<.JC"'_'~ ------. N4?'tlry Public lU~ ,10 IUD .70 t.....'~ VICTOIU.\EI'ELDP.N ~ .1 ......C"OMIt.&1$Sk)N _Ct.."",. ~.. ,,#" EXPIla 011ld111 '....INOTUy 110.......'-'..'_(. .l (p ttt OR: 2687 PG: 2397 *** ST.-4TE OF FLORIDA COUNTY OF COLLIER 1 HEIlE'Y CfllrlFY that on thl! day, IItfort m" ",. officer d,,'1 tlllthoriud in dI~ Stat~ afortsald alfd in the County "fomllltllo Irlke rlc/uJuwtedBm~"t.s, personall)' ypea,...J CIUSTINA DiNDRCLf.. to IItt luIowrt to M tilt ptrson descrilltd In find who t:Xt:Cllted tht: lonsol"B ;"s,","'t:1I1 a"J she ack"owledgcd bc/ort IItt Ihlll slit txtCllltd tift slime. ~ WTl'NSS lIty "ad lI11d ojJlclaJ Jtal IIf III, Cmlllty IInd SlfllFJl1ISI .foraald diu 241., of A,H41.1f91. ' ,,' I " ( i).tW~(~r ,_.,--- . JOt"" PNbitJ My Commission &pircs: Type Name; "~ VlCfOll.'''' E.. FELDEN .. ..., coo&WJSSlOlI' cc "lilt. f! 'I PlI--- ~.'" _A Co ,.-.io-MO'U"" .........., ..,T-:, Type of Id~n Provided orpnsmilllly bown ( , - Tit;' IlImullttlll PHptlHd by.' fi"m, ~ F~/d~tt, ElSf' JIJI Talld","; Trail North, Suitt 416 Nllptn. Flo";Jtl .UJOJ (941) 163-1177 7- Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Anthony Dinorcia, Sr. Inv. Susan 0' Farrell Department Case No. CEVR20080013185 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 $13.14 Hours o o o o 0.5 o Paaes 1 3 Document Recording (First Page) Document Recording (Addl Pages) Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Paae $10.00 $8.50 IMPOSITION OF FINES HEARING I Total icl.OOl I Total $2.29 $0.00 $3.00 $13.14 $18.431 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.001 I Total $0.00 . $0.00 $45.50 $0.00 $0.001 Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 3 Copies o o 182 Per Paae $0.15 $0.75 $0.25 Per Paae $10.00 $8.50 Total Operational Costs $86.43 $10.00 $25.50 $0.001 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. Anthony Dinorcia Sr. Violation of Ordinance 04-41 as amended Collier County Land Development Code Section(s) 3.05.08 C Requirement for Removal of Prohibited Exotic Vegetation, Exotic Vegetation Maintenance Plan Susan O'Farrell, Code Enforcement Official Department Case No. CEVR200800013185 DESCRIPTION OF VIOLATION: Prohibited Exotics on Property RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational coste;; in the",_e. ' amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41 as amended Section 3.05.08 within days of this hearing or pay a daily fine of $ as long as the violation persists. 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. Meghan H. Soloff, Respondent DEPT No. CEVR20090004297 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 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20090004297 vs. SOLOFF. MEGHAN H, 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: 9/24/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION: 2328 Broadwing CT Naples, FL SERVED: SOLOFF, MEGHAN H, Respondent Susan O'Farrell, 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 Ja audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este even to. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo let an angle, Nou pan gin moun pou Ie tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou, ..L COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20090004297 Meghan H. Soloff, 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 County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 04-41 as amended Collier County Land Development Code Section 3.05.08 C Requirement for Removal of Exotic Vegetation 2. Description of Violation: Observed exotic vegetation on developed property built after 1992. 3. Location/address where violation exists: 2328 Broadwing Ct. Naples, Florida folio #49460006100 4. Name and address of owner/person in charge of violation location: Meghan H. Soloff 2328 Broadwing Ct. Naples, Florida 34105 5. Date violation first observed: 4-22-2009 6. Date owner/person in charge given Notice of Violation: 4-28-2009 7. Date on/by which violation to be corrected: 5-26-2009 8. Date ofre-inspection: 8-24-2009 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 24th day of August, 2009 S,PD'Cl) STATE OF FLORIDA COUNTY OF COLLIER Susan O'Farrell Code Enforcement Investigator Swor to (or affirmefl subscribed before this 24thday of August, 2009 by / \ ,.. h~' (Signature of Notary Pu ') Personally known V or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 3-3-05 NOTARY PUBLICeSTATE OF FLORIDA .......",.,'!. Indira Rajah t.J qon:mlssion IF DD727241 ...,........ Expires: DEC. 07, 2011 BONDiI) nnw ATLAlmC BOKJ)INO GQ" 1Ne. ~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Case Number: CEVR20090004297 Date: April 28, 2009 Investigator: Susan O'Farrell Phone'~\ ~--/ Owner: SOLOFF, MEGHAN H 2328 BROADWlNG CT NAPLES, FL 341052559 location: 2328 Broadwing CT Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: HAWKSRIDGE UNIT TWO LOT 43 AND THAT PORTION OF LOT 44 AS DESC IN OR 2360 PG 1016 Folio: 49460006100 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: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 04-41, as amended, Section 3.05.08(C) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit.: Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: OBSERVED EXOTIC VEGETATION ON DEVELOPED PROPERTY BUILT AFTER 1992 ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 ON OR BEFORE: OS/26/2009 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: 239 252 440 AX: 2 -2343 ~f~ l)~n Investigator Signature Susan O'Farrell pD:L;~e~i~~ D1./(91/09 3 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. o W AUAKrY DEW INDIVlD. TO INDIVlIl. Ittum 10: (~Il<Ioocd..1f ,.d.I,~.....,t ,1.11I1"'-' r"l'r~'pd Nafnt': Action Title SrN"'~' Addn'u: 37" Tlmillml T...,I N..lnh ? NapIU,n. :HIO:I , I nw Inslnllnenl /'rrplrrd by: WtNl1\.' \.Ai'll: AddRu: 3733 T.mUlIlll Tnil Sunh NIl"",. n. ;141 O~ rroputy AppraitC'n f'ilr\otl kk'nh(i&.....taon U\.'lu". :'\:luubcorhJ: 4'46OOOGIOO Tik'N.>.: 2011201511 ttt 2912603 OR: 2958 PG: 1631 ttt ucaun 11 amCllL oeoUI of COUlD COlIn, n u/ll/Zltz It 11:1411 KI., I. 1IOCI, CUD can ..m.... DC 01 .... DOC". 11 IUS." 1m: lCYI. 'mI co mln SI'An: AIIl1V[ nlls UNr. Fl)R KJ:l'(lRI'INI.: (lATA This WalT8nty Deed Made the 31st day of December A.D. 2001 by JAMES R. PHILP JR. AND JACQUEUNE J, STANLEY, HUSBAND AND WIFE whose post office l\dd~S$ is 114 l,ATEH\.)lISE DRIVE, CORAOroUS, PA 15108 hereinafter called Ihe grantor,to JEREMY M. SOLOIT AND MEGHAN H. SOLOIT, HUSBAND AND WIFE whose post office lIdd~S$ is 2328 BROADWING t..., NArI.ES, n 34105 hereinaOer cailed the grantee: (Wherever used herein the terms "grantor" and "grantee" include all the p;lrties to this inatnament and the heirs, legal represenllllives and assigns of individuals, und the successon and :wigns of corporations) WitnellCth: TIlat the gran lor, for and in considemtion of the sum of $10.00 and other valuable considerations, receipl whereof is hereby I1cknowledged, hereby gran Is, bargains, sells, aliens, remises, releaaes, conveys and confinns unto the grl1ntee all that certain land situate in Collier County, State of f1orida, viz: LOT 43 TOGETHER WITH A PORTION OF LOT 44 OF H1. WKSRIDGE UNIT TWO, AS RECORDED IN PLAT BOOK 204. PAOES 77 THROUGH 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 43 OF SAID HAWKSRIDGE UNIT TWO RUN NORTH 87036'57" EAST ALONG THE NORTHERLY LINE OF SAID LOT 43 FOR 198.34 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 43 AND THE NORTHERLY MOST CORNER OF LOT 44; THENCE RUN SOUTH 02023'37" EAST ALONO THE EASTERl Y LINE OF SAID LOT 44 FOR 105.19 FEET; THENCE RUN SOUTH 62"4nO" WEST FOR 162.58 FEET TO A POINT ON THE EASTERl .OF.WAY LINE OF HARRIER RUN AS SHOWN ON THE PLAT Of SAID HAWKSRIDGE UNIT T LING ON A CURVE; THENCE RUN ALONG SAID EASTERLY RIGHT-Of-WAY LINE . E ARC OF A CURVE TO THE RIGHT OF RADIUS '0.00 FEET (DELTA 21005'00" ARING NORTH 4404S'S9" WEST) FOR 18.40 FEET TO THE WESTERLY CORNER Of SAID LO 44; HENCE CONTINUE ALONG SAID EASTERLY RIGHT-OF.WAY LINE ND TO T L Of RADIUS 50.00 fEET(DEL TA 31"46'15") (CHORD 27.37 fEET) ( HO D 11'37" ES FOR 27,73 FEET TO A POINT OF TANGENCY; THENCE RUN NO TH RT ERLY RIGHT-Of-WAY LINE Of BROADWING COURT AS SHOW 0 J UN T TWO. FOR 26.83 fEET TO THE SOUTHWESTERLY CORNER F. H 020SS'IS" EAST ALONG THE WESTERLY LINE OF SAID LOT F NING. t'" ,,::S nts and ;~-:recml'nts of n:.'ord, if any; applkabk zoninll, ordinan,'es and/or Subject To covc:nanh, conditiol1~, taxes and 1ISses.~menh for the year restrictions and prohibitions impo~d by. v~ enlallluthorities, If II K Together, with all the lcnl'menl~. hcn:d el'P/-1.. e1J To tlllve lInd to lIold, Ihe Sinnc in f.'c simplc fo . And the ~I'llntor hereby covenanl~ with Slli.t ~ranl~~ thatth( :o:mnl,'l' i~ IOlwfully sdzc<1 of said land in fc.. simple; Ihat the ~n'"tor hilS ~ood lil/,hl and 1;lwful aulhority to s<'ll and ,'onvcy said hllld. and h,'I'(\Jy w;lrr.mts the title to said land IInd will defend thc Silme aSllinstthe lawful daims of all persons, In Witnes.' Whereof, lhe Sllid ~ralltor tHIS si~nrd and ~al~d these pn'~'nls the day and y,'ar first above written, SigMd, sealed and drliv~I't''' illlhr pr~sr.1<'r <, ': , ,/ ,.' ',. . /. . ,~, '/ .' " '" .t.It.. ~" .. f" t l,(" J Si.'(nill\ll'~ rES R.I'UU' JR. !' ( I, _ t .:.-!.~ EUN!:). SrANU:'V ~ -,.~ - Z:~:t~ STATE OF noRIDA COUNTY OF COLlIER I.D WENl1\' A, LANl; 1"1I11~<1 Notary S~,<nallu't' My (\'lIIl11i..nm Exru'~s: Api'll ~I, ~OO2 ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20090004297 Board of County Commissioners, Collier County, Florida Vs. Meghan H. Soloff Violation of Ordinance 04-41 as amended Collier County Land Development Code Section(s) 3.05.08 C Requirement for Removal of Prohibited Exotic Vegetation Susan O'Farrell, Code Enforcement Official Department Case No. CEVR20090004297 DESCRIPTION OF VIOLATION: Observed exotic vegetation on developed property built after 1992. 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. Remove prohibited exotic vegetation as identified in Ordinance 04-41 as amended Section 3.05.08. within days of this hearing or a daily fine of $ will be assessed as long as the violation persists. 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 W AJUAHrY nEW INDIVlD. TO INDIVlIl. Idum 10: ~""Ioood ...If..dJI~.....t sUml"'" <l1I'rl"I"') Namr: Adion Title $to",,,.,, Addn-a: 37~3 l'Imillml TI"d fIk'rth /l NlIp1et,n ~~IO:' nw InllNmenllW~rnt by WtNll" LANl: ~u: 37'" T.m..mi Tnil N"rth NlIplc.. n ;'41 o~ I"roprrty App'..ixn ,..,,'<1 kknllr....lion (1'.,IK'1 l\:L1l11brrlsl: 4 !l46OOOG 100 Till- N.>.: ZOIIZOI~1I ttt 2912603 OR: 2958 PG: 1631 ttt ucaulD 11 OnIelU UeGlI. of caulll CdIft, PL 1I/'1/Z1tZ It ":"11 "I" I. 'IOCI, CUB COl. 11m.." Be nl .... DOt'. 1. .m.II IoU: lCYlaI 'IN co 'ICI n SI'An: AIl\.wr. '11 liS UNJ: F()R 1U:('(lRl'INli [l"T" This Warranty Deed Made the 31st clay of December A.D. 200 I by JAMES R. FtULP JR. AND JACQUEUNE J. STANLEY, HUSBAND AND WIFE whose post office nddn:s.s is 114 l,ATEHOllSE DRIVE, CORAOPOUS, FA 15108 hereinafter called the gl'l1ntor, to JEREMY M. SOLOIT AND MEGHAN H. $OLOIT, HUSBAND AND WIFE whose post office llddn:ss is 2328 BROADWING L"T., NArLES, FL 34105 hereillntler caUed Ihe grantee: (Wherevrr used herein the lerms "grantor" IInd "grantee" include all the pm1ies 10 this instrument and Ihe heirs, legal representlltives IInd lIssigns of individuals, and the successon IInd :wi8ns of corporallons) Wltneueth: TIlat the grantor, for and in considemtion of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bnrguins, sells, aliens, remise", releases, conveys and confinns unto the grnntee all that certain land situate in Collier County, State of f1orida, vIz: LOT 43 TOOETHF.R WITH A PORTION OF LOT 44 OF H~. WKSRIDGE UNIT TWO, AS RECORDED IN PLAT BOOK 24. PAGES 77 THROUGH 81 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 43 Of SAID HAWKSRIDGE UNIT TWO RUN NORTH 87036'Sr EAST ALONG THE NORTHERLY LINE OF SAID LOT 43 fOR 191.34 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 43 AND THE NORTHERLY MOST CORNER OF LOT 44; THENCE RUN SOUTH 02"23'37" EAST ALONG THE EASTERLY LINE OF SAID LOT 44 FOR 105.19 FEET; THENCE RUN SOUTH 62.44.50" WEST FOR 162.51 FEET TO A POINT ON THE EASTERl ~OF.WAY LINE OF HAUlER RUN AS SHOWN ON THE PLAT OF SAID HAWKSRIDGE UNIT T LING ON A CURVE; THENCE RUN ALONG SAID EASTERLY RIGHT.Of-WAY LINE . E ARC OF A CURVE TO THE RIGHT OF RADIUS 50.00 FEET (DELTA 21.05 '00.' 18.30 FEET) ( . ARING NORTH 44"45'59" WESn FOR t8.40 FEET TO THE WESTERLY CORNER OF SAID LO 44; HENCE CONTINUE ALONG SAID EASTERLY RIGHT-OF.WAY LINE ND R TO T L OF RADIUS 50.00 FEET (DELTA 31"46'15")(CHORD27,37FEET)( HO D TIi 111')7.' ES t'OR27.73fEETTOAPOINTOF TANGENCY; THENCE RUN NO TH RT ERLY RIGHT-Of.WAY LINE OF BROADWINO COURT AS SHOW 0 J UN T TWO, FOR 26.83 fEET TO THE SOUTHWESTERLY CORNER f 0 H 02"55'15" EAST ALONG THE WESTERLY LINE OF SAID LOT F NINO. ..::J nts and ;I~reelllent~ of !'C,'oni, if any; lIpplkabk lonin:( ordinan,oes and/or Subjec:t To ,'ovenan15, c:onditions tues and IUStJ:lments for the year restrictions and prohibitions imposed by, YO' enllllllllthorilies, if Il TOl(cther, with all tht' lenements, 111:1'1: e\:} To tlave and to 1I0ld, Ihe &lllIe in f.:.: simple fo And Ihe Kl'lIntor hel'eby ,'ovenanl5 with Sllid :(rolnl.:t' Ihal th~ ~nllll,'r is 1.lwfully sc:ize.1 of said land in f':t' simple:: Ihal the grantor hIlS good ril10hl and lilwflll illllhorily 10 sc:1I and ~'onv.:y said hlll.t. and h~I't'by warnmls Ihe title 10 :laid land lInd will defend the same against Ihe lawful daim~ of all penons. . In Witneu Whereof, the said :(ranlor IIlIS si~nrd and 54:aled th~54: pn'S\'nls the day ,lftli y~'ar first .abuve written, Si,opled, sealed and dc-1iV\'n-.t in Ihe pruelu:r .' : , . , , t'" .ti:':~ . /. ...:57..4" " Si,(IIJIUI't' )A~\I:S It I'UU' JR. ,I... f I I. .. t-:.~.1 ....~.~.:t~ STATE OF noRJDA COUNTY OF COLLIER I.D WENI1Y A. v.N(. 1~'lIIlr,1 N,'IJIY S~IIll'III'" My l'~lIIlt1iuion Expu.t's: "pilI !I, ~OO2 Exhibit A (1'"\ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marie L. Gilot, Respondent DEPT No. CESD20080015112 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080015112 vs. GILOT. MARIE L, 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: 09/24/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 1707 6th AVE Immokalee, FL SERVED: GILOT, MARIE L, 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 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.8udiencia sera conducida en el idioma Ingles. Servicios the traduccion no seean 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. Avelisman - Tout odlsyon yo fet an angle. Nou pan gin moun pou fe tradlksyon. Si ou pa pale angle lanpri vlnl avek yon Inleprel pou pale pou-ou. 3- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD200800151l2 GILOT, MARIE L, Respondent(s) STA TEMENT OF VIOLA nON 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 Special Magistrate, for the following reasons: 1. Violation of Ordinance(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) 2. Description of Violation: Construction /remodeling being done to main house and shed on property without permits. 3. Location/address where violation exists: 1707 6th Avenue, Immokalee FL, 34142,(folio # 75212240007) 4. Name and address of owner/person in charge of violation location. Marie L Gilot 1707 6th A venue Immokalee FL 34142. 5. Date violation fIrst observed: October 9th, 2008. 6. Date owner/person in charge given Notice of Violation: October 15th, 2008. 7. Date onlby which violation to be corrected: November 8th, 2008. 8. Date of re-inspection: August 31 st, 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 Special Magistrate for a public hearing. . /71 ;r Dated thIS l7, day of August, 2009 STATE OF FLORIDA COUNTY OF COLLIER Sworn to (o~) and subscribed before this"iLday of "l..~.l"t; 2009 by ~l~~ (Signature of Notary P~ ~ Personally known -L or produced identifIcation Type of identifIcation produced (printffype/Stamp Commissioned Name of Notary Public) o"""'~jj\, Notaty Public Stale of Florida ~ . Maria F Rodriguez ~ . A My Commission 00629967 ~ 0, f\.d'" Expires 0 1 (16(2011 & REV 8-20-08 Case Number: CESD20080015112 Date: October 09, 2008 Investigator: Weldon J Walker Jr. Phone: 252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GILOT, MARIE L 1707 6TH AVE IMMOKALEE, FL 341422745 Location: 1707 6th AVE Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-3 Property LegalDescription: SUNNY ACRES BLK 9 BEG AT NW CORNER, E 101.87FT,S136.25FT, W101.65FT, N 136.25FT TO POB Folio: 75212240007 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 VIOLATION(S). Did Witness: On site observed what appears to be an addition to the rear of the house as well as a newly constructed shed in the process of being built. 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 restore to a permitted state. 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: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 3 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date 4 ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord. No. 02-01, ~' 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, ~~ 22-26--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, ~ 58-26 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. CD .~~~..;}~!'ijr~~~~,~ii;:~f;_~1~~~_~+1!~:~'>~~riv~"\+?~':~\~':.~"~<,<);:.::. .,. , . :';i-;.','.":ti,!~~t1.f:'..'tt:1,il...:mt.f:."'lr~}.:.'",:"",:~"" ,~Z~ RE~ PRM P~T _IJ~ 6D, tn:/). tnr INO-1!!!S WARRANTY OCEO, made thie .JWL.. day of A.'O. 19...!H!..- between WARRANTY DEED 3900.767 This inatrument prepared by JERRY B. BELL, LEGAL, ASSISTANT , -:;:JIl.ACKllEl..l, WIIlKER, rAScal " HOEIt. /,631) Corporate Court, Suite 0 rort Hyere, Flarido 33907 (STATUTORY rORH - Section 6B9.D2, r.s.l Januarv (Recorder'e uee) ~ JOHN C. SORRELL AND MELBERTA F. SORRELL, HUSBAND AND WIFE af the County of LLe in the Shh of F'loudtl. herBinerter called tho Grantor, and JEAN M. GILOT AND MARIE L. GILOT, HUSBAND AND WIFE ,ffi'oee meiling address iel 1707 6th Avenue West ~ Immokalee, FL 33934 c U ~relnafter called ,the Grantee, ' ("Grantor" end "Grentee" ue llBed herein for einguler or plurel, , aa conteot requirea.) , WITNESSETH, Thet ,the lidd Grantor, for and in coneiderotian of the eum of ten dollue ($10.00) and other valuable coneiderationa to ssid Grantor ,in hend peid, ths recsipt whsrsof is hersby scknowlsdgsd, hss sgreed, hss grantsd, bargainsd, and s,old unto ths said Grsnt,ss snd Grentes' s heirs, or succeseore, end assigns for evsr, ell thet certeln psrcel of lsnd in the County of Collier and Stete af Florids, to wit! o :0 l:tJ o o c c 1'-, II) 9 ~ = - .., .... co ~ ~ ~ snd eny gendsr shell include all gendera, = >- .- CD :z: :::l C CO U ..::I" a: w :J ..J Q = U IDts 1 and 2, Block 9, SUnny Acres Sulrlivision. according to plat in Plat Book 3, page 3 of the Public Records of Collier County, Florida.llOre particularly described as follows: Beginning at the,~riH~~t".comer of Block 9, SUnny Acres as recorded in j2' Plat Book 3, Page 3"()f tne'PuJjlic records of Collier' County, Florida; thence C) run North 89 degrees 17'15" East 101.87 feet along the South Right of Way linefT1 of 6th Av~~; thence, South 0 degrees 44'12" East 136.25 feet to the South boundary' of ,the North one~half ' . thence Westerly along said boundary 10L65 feet to the East ri 0 18th Street; thence North 0 degrees 49'45" West 136. of way line to the Point of Beginning. Subject to ~ d oil rights and existing easements and restri io c c .p- c 'en SUBJECT to asaementa, restrictione nd doee hereby fully worront ths tit s t lawful claims of ell psraons who.. ev subsequen t. Signe", /!: o psrsonally appeered JOHN C. SORRELL AND MELBERTA F. SORRELL. HUSBAND AND WIFE "" "" l:lU OJ QI " " (Afriil S~~ >-, CD (Wlt. ) (lUt. ) (See1 ) (Wit. ) (Seal ) (Two Sepsrats Witnessss Requirad) State of t:1.IID~ , County af ~ I HEREBY CERTIFY, Thet on this 8th, dey af January , A.D. 19 88 befare lIB, an officsr duly suthorized in the Stete and, ~ounty eforeaaid tQ""Eiil(8 'scknawledgtllsnta, to ma ,known to bs the psreon deecribed in and who executad ths foregoing canveyanca and ecknowledged before ms that ha ,axecutad the eam.. ~,'-~ ~~~?~"'::' ". c.:' ' " >\'. fietCII"td "llll.VIJUh';;: In Ott.CI.' R...tof';'1..0R10A COLLIE~ CCOUG~~,~~' CLERK JAMts. . WITNESS Hy signature end officiel easl in ths County end Sta~e 1sat eforesaid. ~i,: a ary u ic '. , Nolary Public, Slale of Florida , Hy C... iesion Eopiraer My Comminion Expirll July 2, 1988 . . ,_ ..,chi. Illt1 !~_D~'~ :"'Ulf"c,..~ . :'.' Q. :':/... :; .~':: . r. .,........ (Affix Notery,Seal above) p~-""'''''''''''''-'-~~~'~''''"--'''~ r'- 1- Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Marie L. Gilot Inv. Weldon Walker Department Case No. CESD20080015112 INVESTIGATIONS Hours Per Hour I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail I Total $0:001 I Total $2.29 $0.00 $3.00 $13.14 $18.43' FINDING OF FACT HEARING Pages Copies Per Page 8 104 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o Pages 1 3 Document Recording (First Page) Document Recording (Addl Pages) I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Page $10.00 $8.50 I21!! $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.001 I Total $0.00 $0.00 $45.50 $0.00 $0.00' IMPOSITION OF FINES HEARING Pages o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Pages 1 3 Copies o o 182 Per Page $0.15 $0.75 $0.25 Per Page $10.00 $8.50 $10.00 $25.50 $O.OO~ Total Operational Costs $86.43 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080015112 Board of County Commissioners, Collier County, Florida Vs. GILOT, MARIE L 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. CESD20080015112 DESCRIPTION OF VIOLATION: Construction /remodeling being done to main house and shed on property without 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. Obtain valid Collier County Building permit(s) or Demolition permit for all unpermitted construction/improvements to the house and get all inspections through certificate of completion (CO) within ~ days of this hearing or a fine of $ ) a 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 cost of abatement shall be assessed to the property owner. REV 4/24109 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Georges & Etheres E. Alcee, Respondent DEPT No. CESD20090011384 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 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090011384 vs. GEORGES & ETHERES E ALCEE. I 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: 09/24/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC1 0.02.06(B)(1)(a) LOCATION OF VIOLATION: 5100 24th AVE SW Unit: 1 Naples, FL SERVED: GEORGES & ETHERES E ALCEE, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 TAM lAM I 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 01 idioma Ingles. Servicios the traduccion no seran disponibJes en la audiencia Y lISted sera responsable de praveor su propio traductor, para un mejor entendimiento con las comWlicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout odlsyon yo fel an angle, Nou pan gin moun pou fe tradiksyon, SI ou pa pale angle tanpri vini avek yon in!epre! pou pale poU-QU, :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD2009001l384 Georges and Etheres Alcee, 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 County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: A permitted duplex that has been converted to four rental units without permits. 3. Location/address where violation exists: 5100 24th Ave SW, Naples FL 34116, Folio #36315760009 4. Name and address of owner/person in charge of violation location: Georges and Etheres AIcee, 1756 42nd St SW, Naples FL 14T16 5. Date violation first observed: July 2nd, 2009 6. Date owner/person in charge given Notice of Violation: July 6th, 2009 7. Date onlby which violation to be corrected: August 6th, 2009 8. Date ofre-inspection: August 10th, 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 hearing. Dated this 10th day of SqAeJllbu, 2009 Joe2~ ~ STATE OF FLORIDA COUNTY OF COLLIER S'V~fO" th;s 10" day of S q>t~b~ 2009 by Joe Mucba (Signature of Notary Public) (Print/Type/Stamp Commissioned ~ Name of Notary Public) Personally known ~ or produced identification _ NOTARY Type of identification produced ......", PUBLIC.STATEOFFLORlDA !:\rJJi\ Delicia Pulse ;....~l/~~~ssion #DD629723 I,....,,' J:UiPIres: JAN 16 2011 BONDED THRu A11ANTrc BOND' IN I GCo.,1NC, Code Enforcement Investigator REV 3-3-05 cQ Case Number: CESD200900113B4 Date: July 02, 2009 Investigator: Joe Mucha Phone: 239-252-2452 COLLIER COUNTY CODE ENFORCEME :'ofT NOTICE OF VIOLATION Owner: ALCEE, GEORGES & ETHERES E 1756 42ND ST SW NAPLES,FL 341165926 Location: 5100 24thAVE SW Unit1 Naples, FL Unincorporated Collier County Zoning Dlat: RMF-12 Property Legal Description: GOLDEN GATE UNIT 6 BLK 199 LOT 5 Folio: 36315760009 . NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. ;:17-44, you are notified that a violation (s) of the following Collier County Ordlnance(s) and or PUD Regulation(s) e ': ists at the above-described location. Ordinance/Code: Building and Land Alteration Penn its. (Pennits, Inspections,ertificate of Occupancy Required) Collier County Land Development Cpde 04-41, as amended, Section 10.02.06(B .1)(a) The County Manager or his designee shall be responsible for detennining whether applie< : ons for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requiremE Its of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to:)plicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean:ny written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clear 'Ig and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structun shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaini' 1 the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Coel:' or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: A permitted duplex that has been converted to four rentaluni '::i without permits. ORDER TO CORRECT VIOLATIONCS): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all collier County Codes and Ordinances and apply i:r and obtain all penn its required for described structurelimprovements. Must also request or cause inspection throu::lh and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to b! performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 08/06/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines l I' to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per da) :Jer violation, as long as the violation remains, and costs of prosecution. . SERVED BY: /) ~ ' l ,,'~, 'C{ Inirtigator Signature Joe Mucha INQUIRIES AND C ::MMENTS SHOULD BE DIRECTED TO COE ENFORCEMENT 2800 North Horses":)e Dr, Naples, FL 34104 Phone: 239252-241) FAX: 239252-2343 ~e~~ ~T~(f,(I/G/Jtff> Igna ur an IeI'I eClplent cif-o~~..; ~LRB rinted Name of R,';ipient 10.02.06 Submittal Requirements for Permits 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, 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 provi~ed by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 4 Book 3813 - Page 3366 Page 1 of 1 RETURN TO: TOWN & COUNTRY TITLE. INC. 15715 PINE RIDGE ROAD. SUITE 11 NAPLES. FLORIDA 34109 3631875 OR: 3913 PG: 3366 moltll1l 111 omCIn IlCOIDS 6fCOLLUI caum I lL &6/0$/2005 .t 08:5411 DVICB!I. B10CI, eLl II , CDJ8 mooo,oo DC 81 11.5' DOC-.7D 221~.OO PREPARED BY: B.J. REEVES, ESQ. Terra Doc Prep, Inc. 6565 Taft Street #101 Hollywood, FL 33024 Agent File No.: 05-'1319FALCEE Perce/IdentificatIon Number: 3(1316760009 Rita: 101111 COUmJ PICt lIP SPACE ABOVE THIS UNE FOO RECORDING I WARRANTY DEED THIS INDENTURE. made this 'J1- dayofMay,2005,betweenSILVAINSAINT JUSTE. A SINGLE MAN. and ANTOINETTE LAGUERRE,A SINGLE WOMAN,'GRANTOR*, whos~ postoftlce address is 6100 24TH AVENUES.W ,NAPLES, FL 34116, and GEORGES ALCeE and ETHERES E. ALCEE, HUSBAND AND WIFE. wnose post office address is 1765 42NDSTREET S.W. NAPLES, FL 34116, GRANTEE-; (Wherever used herein the terms.Grantor" .and -Granlee" shall Include all the parties to this instrument and heirs, legal representatives, and a8$ign~ of individuals, and the successors, andaeslgns of corporallons.) , WiTNESSETH, Thatsaid Grantor. for and in consideration of the sum ofTEN AND 001100 ($10.00) DOLLARS and other good and valuable co.nalderation. to said Grantoi'ln hancf paid by sSldGrantee, the recejptwhereof is hereby acknowledged. hereby grants, bargaine, sells, aliens, remises, releases, conveyeand confinns unto the Grantee and Granlee's heirs., SlJCCeS$ors and asslg!,!, forever the follOwing ltescrlbe!jland located in the COUnty of COLUER, State of Florida, to-wtt: L.OT 6. ,IN BLOCK 199, OF GOLDEN GATE UNIT 6, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, AT PAGE 124, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. SUBJECT TO all restrictions. reservations and easements of record, If any; zoning restrictions and prohibitions Imposed by governmental authority, but not to reimpose same, and taxes for the year 2005 not yet due and payable. AND THE SAID GRANTO~ does hereby covenant with the said Grantee that the Grantor Is lawfully seized of said land In fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby fully warrants the tlt/eto said 'land and will defend the same against the lawful claims of all persons whomsoever. 0s-?3)9 F :?~~. http://www.collierappraiser.com/viewer/Image.asp ?Percent=&ImageID=3 75096 8/20/2009 Q Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Georges & Etheres E. Alcee Inv. Joseph Mucha Department Case No. CESD20090011384 INVESTIGATIONS Hours Per Hour FINDING OF FACT HEARING Paaes Copies Per Pane 6 78 0.022 o 0 $0.75 $13.14 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Hours o o o o 0.5 o Paaes 1 3 Document Recording (First Page) Document Recording (Addl Pages) Per Hour $0.00 $0.00 $0.00 $0.00 $65.00 $0.00 Per Paae $10.00 $8.50 IMPOSITION OF FINES HEARING I Total $0:001 I Total $1.72 $0.00 $3.00 $13.14 $17.86f Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.001 I Total $0.00 $0.00 $45.50 $0.00 $0.001 Paaes o o 14 $0.00 Document Recording (First Page) Document Recording (Addl Pages) Panes 1 3 Copies o o 182 Per Paae $0.15 $0.75 $0.25 Per Paae $10.00 $8.50 Total Operational Costs $85.86 $10.00 $25.50 $0.001 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090011384 Georges and Etheres Alcee Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Georges Alcee, on behalf of himself and Etheres Alcee, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090011384 dated the 2nd day of July, 2009. 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 September 24th, 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. The violation is of Collier County Land Development Code 04-41, as amended, Section 10.02.06(8)(1)(a) and described as a permitted duplex that has been converted to four rental units without permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $85.86 incurred in the prosecution of this case within 30 days of this hearing. Violation has been abated. 0 CfJ.1744&({3. /1/,Op. ~ ~ 'j&: Respondent or Representative (sign) .........Diane Flagg, Direct r Code Enforcement Department ~ "-1 ~OCJ ate 9-~'3- 09 . 4- r Date REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090011384 Board of County Commissioners, Collier County, Florida Vs. Georges and Etheres Alcee Violation of Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) Joe Mucha, Code Enforcement Official Department Case No. CESi>20090011384 DESCRIPTION OF VIOLATION: A permitted duplex that has been converted to four rental units without 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. Hire a general contractor licensed in Collier County to obtain all required building or demolition permits; inspections; and certificates of occupancy for all unpermitted improvements made to the structure OR remove all unpermitted improvements and return structure to permitted state within _ days or a fine of per day until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090011384 Georges and Etheres Alcee Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Georges Alcee, on behalf of himself and Etheres Alcee, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090011384 dated the 2nd day of July, 2009. 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 September 24th, 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. The violation is of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and described as a permitted duplex that has been converted to four rental units without permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $85.86 incurred in the prosecution of this case within 30 days of this hearing. Violation has been abated. 0 &Q.o.l4&R3 /1/fJ)fi ~ ~ ~ Respondent or Representative (sign) .........Diane Flagg, Direct r Code Enforcement Department ~e ~-3, ~ot1 9-,2 '3- Date · 09 . REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est., % Cameron Real Est Servo Inc. Atin: Bruce E. Miner, Respondent DEPT No. CESD20090005007 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 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090005007 vs. ROXANA SOROKOTY TR. WALTER G. SOROKOTY JR EST.. % CAMERON REAL EST SERVo INC ATTN: BRUCE E. MINER, 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: 09/24/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Activities Prior to Permit22-26(b)(104.1.3.5) VIOLATION: LOCATION OF VIOLATION: 2435 Tamiami TRL E Unit9 Naples, FL SERVED: Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est., Cameron Real Est Serv Inc., Attn: Bruce E. Miner, Respondent Thomas Keegan, 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 TAMIAMJ TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAJRED 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 WI mejor entendimiento con las -1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090005007 Sorokoty TR, Roxana Walter G. Sorokoty Jr EST % Camaron Real Est Serv Inc Attn: Bruce E. Miner, 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 County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 04-41, as amended, the Collier County Land Development Code; Sect(s) 10.02.06(B) (1) (a) and 10.02.06 (B) (1) (e), Collier County Code of Laws and Ordinances, 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) and Utility Connection, Florida Building Code,2004 Edition, Chapter 1 Service Utilities, Section 111.1 2. Description of Violation: Mezzanine and stairs with electric erected without first obtaining Collier County approval, permits, required inspections and certificate of completion onC-5 zoned property. 3. Location/address where violation exists: 2435 Tamiami Trail East Naples, FL 34112 / Folio#387040000 4. Name and address of owner/person in charge of violation location: Sorokoty Tr, Roxana, Walter G. Sorokoty Jr Est, % Cameron Real Estate Serv Inc, Attn Bruce E. Miner 1250Tamiami Trl N. Ste 101 Naples, FL 34102 5. Date violation first observed: April 29th, 2009 6. Date owner/person in charge given Notice of Violation served to Luciano Juarez ofEL Sunshine Auto Body, Inc and Notice sent to owners by certified and regular mail which was signed for on May 12th, 2009 7. Date onlby which violation to be corrected: May 30th, 2009 8. Date ofre-inspection: Last re-inspection occurred on August 20th, 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 hearing. Dat,d thi, 20th day of Augu't, 2009 ~ Thomas Keegan Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affi ed) and subscribed before this 20th day of August, 2009 by Thomas Keegan N~!~ PUBLICoSTATE OF FLORIDA llAi.'\ James H. ~eabasty \~jCO~iOD #DD914841 ..",.....". ExpU'e8: AUG.09 2013 BONDED THRTJ ATLA.'mC BONDING CO., me. ~ REV 3-3-05 ~~~. (Signature 0 / d identificatIOn or produce II known - d Persona y ofi tion produce Type of identr 1ca Commissioned o t1Type/Stamp (Prm Public) Name of Notary NOTARY PL'BLIC.STATE OF FLoRIDA ,f......,'\ James H. Seabasty i~ iCoaun~jon #DD914841 \,,"...oj'~' Expires: AUG. 09, 2013 BONDED 'nlRtr "TLAHnc BONDllfO co.,!He. REV 3-3-05 3 Case Number: CESD20090005007 Date: May 07, 2009 Investigator: Thomas Keegan Phone: 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Sorokoty TR, Roxana Walter G. Sorokoty Jr EST % Cameron Real Est Serv Inc Attn: Bruce E. Miner 1250 Tamiami Trl N. Ste 101Naples, FL 34102 Location: 2435 Tamiami TRL E Naples, FL Unincorporated Collier County Zoning Dist: C-5-GTMUD-MXD Property Legal Description:11 5025 COMM AT NW CNR OF NE1/4 OF SE1/4 OF NW1/4, W 202.54FT TO NL Y RIW OF TRAIL, SE ALG RJW 528FT TO POB, CONT Folio: 387040000 NOTICE Pursuantto 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 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) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 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 10.02.06(B)(1)(e) 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.: 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.: 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: No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. : 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... : Violation Status - Initial ~ JESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Jid Witness: mezzainne and stairs in bays 9 and 10 erected without first obtaining Collier County approval, required inspections and certificate of completion, also unpermitted electrical work done in bay 8. 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. Apply for and obtain all permits required for ' described structure/improvements AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. 2) Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structurelimproyements,including materials from property and restore to a permitted state. 3) Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. 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. 4) Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. 5) Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 05/30/2009 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phon~ FAX: 239252-2343 Signature and Title of Recipient Investigator Signat Thomas Keegan Printed Name of Recipient sf 7 lot Date I f 6 rag\:: 1 01 1 , ~' ,.!I!t.r..,}TED, ',"I ,._$1),,,' 21, IfS, .. Ba rv~ILU.SE1NlCE. Home I H&I2 I ~!lJn Track & Confirm Search Results Label/Receipt Number: 7008 1140 0000 05328968 Service(s): Certified Mail'"" Status: Delivered Trock & Confirm ,;zg;l:r\E'tz';(!~i,~:~!!kf~~ Enter Label/Receipt Number. 1.."..............................,-,..".........".....,_...",_. i i ~.~--~^~.....~... ,^~~.,_... Your item was delivered at 12:37 PM on May 12, 2009 in NAPLES, FL 34102. ( Go> ) ,/ Site MaD ..c..\!'>.\91n~LSe(yiq~ E.9I!I!2 GQ>LU1,e[Yl~~..~ J;;f!.[eeL~ Privacv Policv kr:!lli.Qf.\"Ig~ !2~~ine,'>.~_C,~..!?JQrn~r Gatewav Copyright@ 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA . j: S t itf.hf" :::;Ot~_::i~..; t- V ~~:,: ~-:i":',.:~1 ~:~ r:,,: '~1";1'; http://trkcnfun1.smi.usPs.com/PTSlnternetWeb/lnter LabelInquiry .do 7/6120091(; 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- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING 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; CHAPTER 2 - ZONING DISTRICTS AND US'ES, INCLUDING SEC. 2.01.00 GENERALLY, 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 DENSITY 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 OFENDAN- GERED, THREATENED OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 ~ SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 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 STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LiSt OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 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 PUBLIC 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 DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY. SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 7- NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10~08.00 CONDITIONAL USES PRO- CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX "H" OF CROSS- REFERENCES BETWEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS, the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agency pursuant to 9 163.3194 (2), F.S., in a manner prescribed by law, did hold an advertised public hearing on May 6, 2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action concern'ing these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25,2004, which was continued for a separately advertised final adoption hearing on June 22, 2004, and did take affirmative action conceming these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDC does not substantively alter in any way the prior existing LDC text and the s.ubstantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), F.S.1; and WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS. The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. viii <3 1 0.02.06 A.2. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES /" . ' .' ,,--' 10.02.06 B.1. 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. , ) J ~ 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 a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or fand except in conformity with the provisions of this Code unless he shall receive a written order, from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. 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'~f;>uildLng or buildings to be erected, altered or allowed to exist; the existing use of e*h 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 q Supp.No.2 LDC10:85 10.02.06 8.1. COLLIER COUNTY LAN'D DEVELOPMENT CODE 10.02.06 8.1. 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 shaH be deemed official statements. Approval of the application by the County Manager or his designee shaH, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and aH other applicable regulations, ordinances, codes, and laws. ii. Abuilding 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-S.00SS, FAC. \.... e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit hasbeen 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). '~ Supp.No.2 \~ ',., LDC10:86 )() E-Codes Page 1 of 1 Chapt-er 1, Section 111 - SERVICE UTILITIES [Send to printer I Save to computer] SECTION 111 SERVICE UTILITIES 111.1 Connection of service utilities. No person sliall make cOlmections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced incase of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discOlU1ecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. License terms. Privacy policy Click here for copyright @ information. 1-.++...... .111':"Io-~r.r1cu" ,...~+~t; r\Tl ""1"'\1--")"1 lr-nl_pvP/f"'11t;J, rTP r111 ?1""\n=:=......l1t1' hr11"V- ....V,....1""\=..-1.0,l,. ""{'"1YHJ::lo ~H'" ......"hh~......+O;: 1:: r'_......1: - A /')(\/')(\(\("\ J I Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 1 04.1.3.5. A building pennit (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 lninor clearing of underbrush can be accomplished without protected habitat or species disturbance, pennitting is not required. J~ Book 2736 - Page 3227 , . 2706626 OR: 2136 PG: 32 ncun tl101rlWUIt4USot '-'OWn' n. ) U!zmuo tt 12:1U1IIfICIfI. UOCI~ ant ) (011' 1 I." IX m I.st ) DOe-.n .70 ) ) ) ) ) ) ) } ) ) ) ) ) ) } Thisinstnlmclltprcpared bY' Ricb.trd IC.-~ Esquire Law Offiees of BUDD&PdB~, 3033 Riviera Drive,Su~ 201 Naples, Florida 34103 Telephone: 1-904t-263-7700 After recording, return to: BUDD and BENNE'IT 3033 Riviera Drive, SUile ~l Naples. ~ 34103 Prcpcny Appraiser's ID Nwnbe.r:s: '~(ParCeIS 11&12 I Exhibit A) ..and. # t404.7~ (Pared 13 I Exh~t A) '-and~ , l~~ '(Par'cd,'4 J BxhiJit A) Itt:ll; IDllI IJIIJ'!'t JU, lUlU'" 1m IIPWrllm3 W~QEF.D'IVTR~e: THIS. '1NDEN'l'VRE. marJcl1hi$ 23111 day of October ~ 2CXX), ~n, WALTER G. SOROKOTt tndROXAN..fSfJROKOTY. husbaDdmJ wife, ofNapJes, CotJie:Coomy, FJcrida. Gtantor ., and WALTER G. SOROKOTY JDd ROXANASCROKtm', lIS Tntstee$of.lile WALTER G. S(JROK011'~ ',:Dart, 'WIder Aarcemcnt daledOc:fober 23,2000, of 82S Kcu:h Drive, Unit '100, Naple$. Fklrida 34t()3. Grantee *. ~ that said Gr2otor. fi:Jtand in coDsidetadoD of the sum ofTEN AND NOIHIOOOUAJlS($lOJ:lO). m:I'~.goodm:l valuab1ecXmJidc:qlioo co_Grantor in haod paidb1 saId~, ibereceiptwbereof is herebYactoowfedgcd. bu.ptIed, barpmed and sold &0 the saidCJramce. an4(hnteo'UU(~=C)rs andUsigmfote\ler, the ~Ing desctbd rand; siWafeinCOtliet Coullt)'~ FtoricIa,co wit: .. SEE ATIACBEI) EXHIBIT A .. SUBJECr TO cx:wcmams, restrictioDS, easemems of recorda taxes for the CUt1'eDt year. THIS IS A CONVEYANCE 1'0 A TRtJSTEETHAT1S NOT PURSUANT TO A SALE. Ic;..... f' ,/ .M" '~'~.....oIi",,1D ~ http://www.collierappraiser.com/vi ewerlImage. asp ?Percent=&ImageID=903 31 Page 1 of 1 \ \, 8/20/2009 J3 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER: CESD20090005oo1 Board of County Commissioners, Collier County, Florida Vs. Sorokoty TR, Roxana, Walter G. Sorokoty Jr Est., % Cameron Real Estate Serv Inc Attn: Bruce E. Miner Violation of Ordinance/Section(s) 04-41, as amended, the Collier County Land development Code; Sect(s) 1O.02.06(B) (1) (a) and 1O.02.06(B) (1) (e), Collier County Code of Laws and Ordinances, 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) and Utility Connection, Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 Thomas Keegan, Code Enforcement Official Department Case No. CESD2009005007 DESCRIPTION OF VIOLATION: Mezzanine and stairs with electric erected without first obtaining Collier County, permits, required inspections and certificate of completion of C-5 zoned property located at 2435 Tamiami Trail East Naples, FL 34112 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. Applying for and obtaining all necessary permits, inspections and certificate of completion to bring violation into compliance within days or a fine of $ will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation 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 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Roxana Sorokoty Tr., Walter G. Sorokoty Jr. Est., % Cameron Real Est. Serv., Inc. AUn: Bruce E. Miner Inv. Thomas Keegan Department Case No. CESD20090005007 INVESTIGATIONS Hours Per Hour I Total $0:001 I FINDING OF FACT HEARING I COpy Costs & Mail Fees Paqes Copies Per Paqe Total Black & White 14 182 0.022 $4.00 Color 0 0 $0.75 $0.00 Three-Hole Punch $3.00 Mail $13.14 $13.14 $20.141 County Staff Hours Per Hour Total Code Investigator 0 $0.00 $0.00 Supervisor 0 $0.00 $0.00 Coordinator 0 $0.00 $0.00 Director 0 $0.00 $0.00 Clerk of Board Fees 0.5 $65.00 $32.50 Other Staff 0 $0.00 $0.00 Paqes Per Paqe Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 $68.00~ I IMPOSITION OF FINES HEARING I COpy Costs & Mail Fees Paqes Copies Per Paqe Total Black & White 0 0 $0.15 $0.00 Color 0 0 $0.75 $0.00 Three-Hole Punch 14 182 $0.25 $45.50 Mail $0.00 $0.00 $0.001 Paqes Per Paqe Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Addl Pages) 3 $8.50 $25.50 $0.001 Total Operational Costs $88.14 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jose Rodriguez, Respondent DEPT No. CESD20080003864 Request for Imposition of Fines ITEM Notice ofHearlng (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080003864 vs. JOSE RODRIGUEZ, 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: 04/23/2009 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: 607 Glades ST Immokalee, FL SERVED: RODRIGUEZ, JOSE, 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 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)n4-8800; ASSISTED LISTENIN~ DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audienci& sera conducida en el idioma Ingles. Servicios the traduccion no seean disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para WI mejor entendimiento con las comWlicaciones de este evento. Par favor traiga su propio traductor. .1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CESD20080003864 Board of County Commissioners vs. Jose Rodriguez, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06.B.l.a, 1 0.02.06.B.l.e and 10.02.060.B.l.e.i Location: 607 Glades S1. Immokalee, FL Folio # 63857400007 Description: Bedroom and bathroom addition built on side of structure without first obtaining proper permits. 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 2446, for more information. The Respondent has not complied with the CEB Orders as of September 24, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $6.486.71 See below. Order Item # 2 Fines at a rate of $200.00 per day for the period between August 24, 2009- September 24, 2009 (32 days) for the total of $6.400.00. Fines continue to accrue. Order Item # 1 Operational Costs of $86.71 have not been paid. ~ Reto: BNVIRONMBNTAL SBRVICES COD! iNFORCBMBNi INTBROFPICB A1TH: JIN WALDRON 4291084 OR: 4449 PG: 2446 RBCORDBD in the OFFICIAL RBCORDS of COLLIBR COUNTY, lL 05/05/2009 at 1!:2;AK DWIGHT B. BROCK, CLBRK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA RIC FBI 27,00 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080003864 vs. JOSE RODRIGUEZ, Respondent. I FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD 1. That Jose Rodriguez is the Respondent and that the entered into a Stipulation. April 23, 2009, and the Board, having h respective to all appropriate matters, Order of the Board, as follows: () 2. That the Code Enforc me Respondent, having been duly noti e () 3. That the Respondent w ~ y c . d mail and by posting. o 4. That the real property loe ,FL, Folio 63857400007, more particularly described as Lot 5 and 'sion, according to the plat thereof recorded in Plat Book I, Pages 104 an 5')1 of Collier County, Florida, is in violation of sections 10.02.06.B.I.a, 10.02. . .06.B.I.e.i. of Collier County Ordinance 04-41, the Land Development Code, as amended, in the follOwing particulars: Bedroom' and bathroom addition built on side of structure without first obtaining proper pennits ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and the Stipulation attached hereto and incorporated herein, 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 10.02.06.B.I.a, I O.02.06.B.I.e, and I O.02.06.B.I.e.i. of Collier County Ordinance 04-41, the Land Development Code, as amended, be corrected in the following manner: I. The Respondent shall pay operational costs in the amount of$86.71 incWTed in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall obtain a Collier County building permit, inspections and certificate of completion within 120 days of this hearing, or a fine of $200 a day will be imposed until the violation is abated; OR obtain a demolition permit, inspections and certificate of completion within 120 days of this hearing, or a fine of $200 a day will be imposed until the violation is abated. (3 OR: 4449 PG: 2447 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. 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 with all costs 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. .~~......~ WN<<JAROORIGUEZ f-': :~ ConrnIssionD0631743 .~~ . Explrgs JanuaJy 21 2011 ... ,i:. 1llnlId1lwTIlII'F1*I~eoo.-.70" CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrum Lefebvre, Chair of the Code En known to me or -X- who has CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy oPJli!, Q)IDER has been sent by U. S. Mail to Jose Rodriguez, P.O. Box 703, Immokalee, FL 34142 this ~Oiiy of April, 2009. .)la"Ot h.ORlUA .:cumy of COWII ~\> \iF ~:!'r ' , HERESY !:1i1tiJiiy~....._ ~orrect co~,. !'.~. . . 'q.-' In :loard Mi!t~ -~~6f6imer Ca l 'flm,,_.~, .G~I a.-.a- ~ ati..,. ,': ~. "- .,~ ~~;..; . .~ ,'. , ~-: tLdi J~U(V Heidi Ashton-Cicko, 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, LJ *** OR: 4449 PG: 2448 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. CESD20080003864 Jose Rodriguez, Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Jose Rodriguez 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 CESD200S0003864 dated the 1Sth day of March, 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 April 23. 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) THEREFORE, it is agreed between t e 1) Pay operational costs in th 2) Abate all violations by: Obtaining a Collier Count bu this hearing or a fine of $ ~. Collier County demolition hearing or a fine of $200.00 p ill be imposed until . 3) Respondent must notify Code En ~ the Investigator perform a site inspe (24 hours notice Shall be by phone or fax and made during the yiolation is abated 24 hours prior 10 a Saturday. Sunday or legal holiday. then the notificalion must be made on the next day that is not a Saturday, Sunday or ICl!al holiday.) 4) 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 agreem . ~\ \ ~ d- ~ CP..:~.NVrl- 1.....1 \ ~ , c: /.L1 . c,,>.,.;.-sr <.,........ . A,..-C,.. it; Di e agg, Director ft1tt- A. ~(.,,jJt~ d C' de nforcement Department 1'Ix. " fCN~J r,cG /.'.. Jvlh r..t..~ pt~rc.."hJ Print .~.eR6C~ Aespondent .. , U~;Z Date Date +j7-5/CJ J~- :;-(2 REV I2!1t08 o COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20080003864 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. RODRIGUEZ, JOSE, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Weldon J Walker Jr., Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on OS/24/09 the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain building permit, inspections and CO or obtain demo permit, inspections and CO within 120 days (8/24/09) or $200/day will be imposed as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4449 PG 2446. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 08/24/09. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Violation Remained. FURTHER AFFIANT SA YETH NOT. Dated 15t September 2009. STATE OF FLORIDA COUNTY OF COLLIER Weldon J Walker r. Code Enforceme Sworn to (or affirmed) and subscribed before me this 15t , .r~\ rr--' <--;{ ~ ",- (Signature of Notary Public) (5 day of September 2009 by Personally known -,J '" ~ "!'4. Notary Public State of Florida ~~~ 'f. Maria F Rodnguez ;, .: My Commission DD629967 ~1- . '" Expires 01/16/2011 Off" (Print/TypelStamp Commissioned Name of Notary Public) REV 1/9/08 (0 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Genel Bricius & Dieumila Faugue, Respondent DEPT No. CEPM20080004430 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 3-5 6 12/1 5/05 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20080004430 vs. BRICIUS. GENEL & DIEUMILA FAUGUE, 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: 09/24/2009 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Smoke Detectors - Dwelling22-231 (20) LOCATION OF VIOLATION: 2730 Pine ST UnitA Naples, FL SERVED: BRICIUS, GENEL & DIEUMILA FAUGUE, Respondent Joseph Mucha, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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.aBOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audicncia sera conducida en el idioma Ingles. Servicios the traduccion no seran msponibles en fa audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comwticaciones de este evento. Par favor traiga su propio traductor. :J. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CEPM20080004430 Board of County Commissioners vs. Genel Bricius & Dieumila Faugue, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances Article VI, Sections 22-228(B) And 22-231, subsection 9, 11, 12i, 19p, 19b and 20 Location: 2730 Pine Street Unit A Naples, FL Folio # 48730280000 Description: Property maintenance and housing violations for a duplex that has been converted to four rental units without permits. Past Order(s): On July 31, 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 4385 PG 0702, for more information. The Respondent has complied with the CEB Orders as of August 8, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $91.40. See below. Order Item # 4 Operational Costs of $91.40 have not been paid. Q 4198661 OR: 4385 PG: 0702 RJCORDID in O'FICIAL RJCORDS of COLLIIR CaUl!!, FL 08/11/2008 at 08:53AM DWIGH! I. BROCI, CLBRI RJC'II 27,00 Retn:II!BR OFlICI COOl IlrORCIXlIT JII 'ALDRO. 252 2444 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEPM20080004430 vs. GENEL BRICIUS AND DIEUMILA F AUGUE, Respondents / THIS CAUSE came on for public testimony under oath, rt1:eived e Findings of Fact, Conclusions La I. 3. Property maintenance and housing violations for a duplex that has been converted to four rental units without permits. ORDER OF THE BOARD Based upon th(~ 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 Coun cy Ordinance No. 04-4 I, it is hereby ORDERED: That the viola! ons of Collier County Code of Laws and Ordinances, Article VI, Sections n-228(B) and 22-231, subsections 9, I I, 12i, 12p, 19b and 20 be corrected in the following manner: I. By correcting all property maintenance violation by providing light fixture or cover plate for exposed wires in ceiling of bedroom in Unit A, repairing exterior light fixtures for Units A and B, repairinglole in interior wall for Unit B, repairirg damaged shower wall for Unit B, repairing kitchen window for Unit a,ensuring all ~ OR: 4385 PG: 0703 electrical outlets have c.)ver plates for Unit B, and providing operable smoke detector for Unit B by August 7, 2008. 2. That if the Respondents do not comply with paragraph I of the Order of the Board by August 7, 2008, then there will be a tine of$250 per day for each day until such time as the 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours ofabatt'ment and request the Investigator to come out and perfonn the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$91.40within 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 Orc:er 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 n I J 0/ ,2008 at Collier County, Florida. ~ CODEENFORC MENTBOARD COLLIER CO TV, FLORIDA Iv yof n~ lJ"'lr _, ColI~a. who is r's License as identification. STATE OF FLORIDA ) )S COUNTV OF COLLIER) The foregoing ins 2008, by Richard Kraenbrin , _ personally known to .' ..:;!...'!o.~.. KRISTINE HOlTON f.'?i~;~ MY COMMISSION' DO 686595 ~: ~ij EXPIRES: June 18,2011 -.1.:;;Rr:,,:~""- bcnGe(. Thru Notary PaMc UndIrwriters CERTIFICATE OF SERVICE I HEREBY CE RTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Genel Bricius and Dieumila FlIugue, 3615 Boca Ciega Drive, #212, Naples, FL 34112 this ~ day Of~AA/.)r: 2008. J1~v-" ~ M. Ie wson, Esq. Florida Bar No. 7503 I I Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 / "_ w.... 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4385 PG: 0704 *** Petitioner, Vs. Genel Bricius and Dieumila Faugue Respondent(s), DEPT NO. CEPM20080004430 STIPULA TION/AGREEMENT COMES NOW, the undersigned, Genel Bricius and Dieumila Faugue, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080004430 dated the 7th day of April, 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 July 31st, 2008; 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. 2) The violations are that of Collier 231 Subsections 9, 12i, 12p, a tI rental units located on this p~ e rdinances, Article VI, Section 22- THEREFORE, it is agreed betw en e pa 1) Pay operational costs in the ~ n 2) Abate all violations by: ~ Correcting all property main wires in ceiling of bedroom in hole in interior wall for unit B, rep . er wall for unit B, repairing kitchen window for unit B, ensuring all electrical outlets have cover plates for unit B, and providing operable smoke detector for unit B. All property maintenance violations must be corrected by August 7th, 2008, or a fine of$250 a day until all violations are corrected. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and ,perform a site inspect~ --?.. ~~~ t!. Respondent F." iane Flagg, Director Code Enforcement Department 7 /?Jo It) g "lk' !l.' . A.--<.: ~ espondent ~ . '7J'>I/eJ~ Date ( ( '- Date REV 7/1/08 o - H. "'.,...".".~_...., ..._~." ....~.,~-.~ _'_'~"'.' ,.~.,_~..~--.,.,~..-~_~_._~,._ ...____~..H.._~_>~,_~..._. _"->"___"'_'..~.,.....,._"_..__.~~"..,.,,___.._~...._. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEPM200S0004430 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Genel Bricius and Dieumila Faugue, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA --COUNTY_OF.,COLLIER._______"_ BEFORE ME, the undersigned authority, personally appeared Ioe Mucha, Co'J,Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and ; lYS: I. That on July 3111, 2008, the Code Enforcement Board held a hearing an.l issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as state I in the Order recorded in the public records of Collier County, Florida in OR Book 4385 PG 0702, et. seq. ,2... _That.the resp'o~den~ did contact the investigator. ."..-=--.=- - --~=:r__~=-~,;......"'~,~.............. , , tb ""', 7_= 3., ' That a re-inspection w~ performed on AugUst 8 ,2008. 4. That the re-inspection(s) revealed that the corrective action ordered by th : Code Enforcement Board was in compliance by correcting all property maintenance violations. FURTHER AFFIANT SA YETI! NOT. Dated Wednesday, August 13th, 2008. ------.-. COLLIER COUNTY, FLORID.', CODE ENFORCEMENT BOAl' D ;6u< ~~ Joe cha Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (S' Personally known ..J N~PlIBLrC. STATE OF FLORIDA !:w\ Delicia Pulse ; ~ iCommission IDD629723 ."""...... Expires: JAN. 16 2011 BONDED TIlRU A'l'LANnc BllNDlNGCo, INC. (Print/Type/Stamp Commissioned Name of Notary Public) Rev 11912008 <0 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Southern Development Co. Inc, Respondent DEPT No. CEVR20080014785 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 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20080014785 vs. SOUTHERN DEVELOPMENT CO. INC., Respondent(s) MARIO CURIALE, 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: 09/24/2009 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 13245 Tamiami TRL E Naples, FL SERVED: SOUTHERN DEVELOPMENT CO. INC., Respondent Mario Curiale, Registered Agent Susan O'Farrell, 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 entenmmiento con las :1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CEVR20080014785 Board of County Commissioners vs. Southern Development Co., Inc., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 4.06.05(1)(2) Location: 13245 Tamiami Trail E. Naples, FL Folio # 0072600009 Description: Property has fallen below required landscape standards set by approved SDP A 2007-AR-11210 Past Order(s): On May 28, 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 4460 PG 2932, for more information. The Respondent has not complied with the CEB Orders as of September 24,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $11.687.29 See below. Order Item # 2 Fines at a rate of $200.00 per day for the period between August 27, 2009- September 24, 2009 (29 days) for the total of $5.800.00. Fines continue to accrue. Order Item #3 Fines at a rate of$200.00 per day for the period between August 27,2009- September 24, 2009 (29 days) for the total of $5.800.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.29 have not been paid. & ~ CODE ENFORCEMffiNT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COllIER COUNfY, FLORIDA, Petitioner, CEB NO.: CEVR20080014785 vs. SOUTHERN DEVELOPMENT CO., INC., Respondent. / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on May 28,2009, and the Board, having heard t ,received evidence, and heard respective to all appropriate matters, thereupon issues' liti sions of Law, and Order of the Board, as follows: ' (;0 )'>j.:- I. That Southern Developm t C., C. IS son of the Respondent and that the ~ g s, Fl, Folio #00726000009, more Section 4.06.05 (J)(2) of Ordinance following particulars: 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 violation in Section 4.06.05 (J)(2) of Ordinance 04-41, as amended, the Collier County land Development Code be corrected in the following manner: 1. Respondent shall pay operational costs in the amount of $87.29 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondent shall bring property to standards set by Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from the date of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. 3. Existing/future landscape to be installed will be maintained within 90 days of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. ;000.... n... ==~"' ..........1: .. ......... 0... ....-- ... - ...... n eC; "'" :it B .... - .. = ....i: -n _0 ::;~ -- ..... .... g_.~ "'::0 _ II> .... c:::> .... ~ cr- ::;;: 0 c:::> . . _ r-...> :;: ::= .po. =;:C) ~ ..... :::lCJ :;;=.. =n ... 0 .po. !"1m ~ _ 0 c::r. ~ .... c:::> nn ~~~ n~C') .... - .. -- - ... B r-...> a~ :- r-...> .... ~ = n .... .. ... ..... -0 - ClO C3 . 4. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. S. If 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 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 June, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COWERCOUNfY'~~ BY:~ Geral Lefebvr hair 2800 North Horseshoe Drive t5 "da 34104 !V~~ STATE OF FLORIDA ) ) COUNTY OF COLLIER) C> ~ day of June, 2009, by Gerald ho is V personally known ~ ~ 0"'1 c::> ~ ~ r....> ~ ~ ~ HaJl! 0: f LUrtlu^ .:ounty of COLUER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Southern Development Co., Inc., c/o Mario Curiale, Registered Agent, 845 Bald Eagle Drive, Marco Island, FL 34145-2542 this L.f:/!-day of June, 2009. ~-;d6~~4ES~ Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 , HEREBY CERTIFY llfAT tius II . :>>r,rect CODY or a Q~u~"on flle ,.....- ~oard Minutes a~ 1i~of' n '~Jt~ESS .." ~,' :..,.. . . Zlerea_ ~ aa,o!~:: . ...:"'L~ :/Wa ~~~~~~ .~8A ...,......,. .. 4 . EXHIBIT "A" ~AL DESCRJPTI.Qli A PCRnON or NOHTH 1/2 ()I' seCTION j TOJtNSHlP 51 SOUTH. RANCE 26 CAST. C'tLICR COt/NT'Y, FLORIDA, A!RJ NOlIE PAR71CtJ1.ARl. Y DESCRtlKO AS rOl.LOws.. Less and except: 'C71ON l./NC SOt/tH 0'41".]1. 'S1; A DISTANce or n2.,M ~ ()I' A COUNTY DRAINAGe fAA/1A1II TRAIt): 1HCNCC OF 1167.$1 FCCT ~ RlGHT-cr-WA Y LINC , '4,,- CAST A II< OF 680 FCCT.. THr.NcC or SCC/NNlA'C. * * * FROM THe CAST DUARTCR CORNER at; Mf'S1; A DISTANCE OF' "2.$7 FECfj . , FeET CAST TO THe INTEIISCCn CANAl. ttllH THe NORTH RICH,. IfITIf SAID TRAIl. RiCHT-OF'-W. )" I. TrJ 1HC T1NE' PO/N r OF' '" HOP. TH ,'* 7/(}'16. HE"ST, A DISTANCe OF foo.D rtIr; sOtJm .JS".Jg'4,r ..csT. A <::) ~ ~ ~ ~ c::::> ~ Ci) ~ '-0 ~ ~ * * * 5 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO,CEVR20080014785 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Southern Development, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFO~ ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on 5-28-09, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to bring property to standards set by the Collier County approved landscape plan as described in SDPA-2007-AR-II210 within 90 days from the date of the hearing (August 26,2009) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4460 PO 2932. 2. That the respondent did/did not contact the investigator;., 3. That a re-inspection was performed on 8-27-09. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: property has not been brought to standards set by the Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from the date of the hearing. FURTHER AFFIANT SA YETH NOT. Dated September 9, 2009. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~~,O.~1\ Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF LLIER ed and subscribed before me this 9th day of September 2009 by Susan O'Farrell. \.....- ./ ~I'f publiC s_ otF- ,~'- CO\le8II ~ [)[)558435 '~I Mv~10 -"'Oft\: EapIr9S (Printffype/Stamp Commissioned Name of Notary Public) Personally known ...J REV 1/9/08 (p : .. ,, , ,. i440 :. , f M 6,Iv,, ..,%N., t, ‘, ii i -tit . . 7,...,\ .of % L' ' i, '�* ,. �. r rl '!1 R ! .. • , '';,r; . . ,.. . jk ,....,, . -1 ;..,4 _rt., rr. I. . . -- . ■• • . .' 'rt /• . ', ' Ii•io• , :, ',' ,7.....,•?r Iti' 't114:...•••••7‘•;.''., ' ..• ,... .1.t mil. ,- 1 ;. f,.r .`r. .r ..4'' t: • - ',ix /•'" ' sue, . Xi . �� \• • • .• ' 4 • --'44 ic0 _ iiii* , . * "�'= r -,t .. : • • 1 ' ,. \\ \ - • 1, ' • f • I ' ' 1' . t t t T4,•1 N`..• ;jr. • r\. t ` :. ; y . , r A;',t‘i 1,4 '" ' . 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Sit t ,gyp .p+., wt. ■ � � + - -� TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs, Jaime & Damarys Oliva, Respondent DEPT No. 2006090513 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) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006090513 vs. JAIME & DAMARYS OLIVA., 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: 09/24/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9, LOCATION OF VIOLATION: 1340 Wild Turkey Dr, Naples, FL Folio # 00108120002 SERVED: JAIME & DAMARYS OLIVA" Respondent Susan O'Farrell, 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 VV1TH 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 eI idioma Ingles. 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 eventa. Por favor traiga su propio traductor. -2- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006090513 Board of County Commissioners vs. Jaime & Damarys Oliva, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 3,05,OI(B) Location: 1340 Wild Turkey Dr, Naples, FL Folio # 00108120002 Description: Vegetation removed on an undeveloped property without obtaining the proper required Collier County 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 0317, for more information. Extension of time was granted on February 26, 2009 see OR 4434 PG 1350. The Respondent has complied with the CEB Orders as of August 12, 2009, RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $9.400.00 See below. Order Item # 2 & 4 Fines at a rate of $200,00 per day for the period between June 27, 2009 - August 12,2009 (47 days) for the total of $9.400.00. Order Item # 6 Operational Costs of $460.20 have been paid, ~- CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner. CEB NO, 20060905 I 3 \'s. JAIME AND DAMARYS OLIVA, Respondents 162, Florida Statutes, and e Respondents are granted an extension of time for 120 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 /lOVO, but shall be limited to appellate re\'icw of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of i I VVU h 2009 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORI ,.... 01 f&.OftlUA '~"COWER I H~~ATtbis...__ ~.-.., a-deci1menr on fI.. 1ft H~' ." ""'D~GSofCollllrea nt , -, .-~~'~~fIcIaI"''''''. _of ,- #It', " .-J-b . .. "'" ,: OF.... ~~u. ~ -.~ ""'11" ;.0 .... n lID ::I=g~ ___1:1 .. lID ,. e_ c..__ --- __e n_ lOIl_n >' - :; == ;! = - ~== ....n _0 -- -l:lI -- ~l:lI g .... ~ _1:1 ~ ... 01' -..:J ..... =r <:::) ::;e~ .. ... \.C ~ ~ -..:J =s C> :i!-~ - == .. lQn ...e~ ~=~ at 0 t....) --~ o nn ~~~ nl:::Q ~.. .. -- =- ... n ...- et....) =<..n ~.. c:::> ... ..... "'" - n ... - - - - .... <::0 3 *** OR: 4434 PG: 1351 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3V~ay of n"'lCvlL" J- ' 2009. by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or v" who has produced a Florida Driver's License as identification, ~... KRISTINEHOI.TON >>Piif~). MY COMMISSION. DO 686595 ~I'.;';;:" i f EXPIRES: June lB, 2011 I"~:r.;,;lotc. BcndedllvuNolaryPulllicUndelwrtlel1 ; 'lJh,\i\ K'^':Jtv)~ -W-{' (' :hi)- NOTARY PUBLIC - - My commission expires: CERTIFICATE OF SERVICE ER has been sent by U. S, Mail to Jaime of 1')'"'(lA<.J-, 2009. 4 - - t- ..... - - 1'0.0 c..> - Del ..... 1'0.0 r- . 'l-t5 cY") =- c:::> 8 .... .. - - .. _....:t e,:, == U ~~..; uu (:) .... ~ _011II _013, ..-, :;!- ~ 0.. UI:Q .. := s ~=-1~ c::> .... -= U ... cY") :;;: ~ r--" \",0 0 c: \",0 .: .... co .... .. 'l-t 1:1_ c:::;te .... g co ..... -- =~ 0_ u.... :=- - - .... - co o u E :; gt:~ u..... ... - __a:a _0 .. .... - .. 1:1.....__ ~~=-I: ad c..J ..... .c CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CEB NO, 2006090513 vs, JAIME AND DAMARYS OLIVA, Respondents I THIS CAUSE came on for public testimony under oath, rt:'ceived e Findings of Fact, Conclusions I. That Jaime and D e Respondents and that the tered into a Stipulation. 3, ed mail and by posting. 4. That the real property particularly described as Parcel Section 26, Township 47 South, one half of the Southeas t one-quarter 0 Vegetation removed on an undeveloped property without obtaining the proper required Collier County penn its, ORDER OF THE BOARD =- - - ;:I Based upon th(: foregoing Findings ofFaet and Conclusions of Law, to the Stipulation atta~hed hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier Coon')' Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3,05.01(B) be corrected in the following manner: ), By preparing a mitigation plan which meets the criteria stated in 04-01, as amended, Section ]0,02.06 E,3. The mitigation pla'l shall be prepared by a person who meets or exceeds the credentials specified in Section 1O.02,02.A.3, The Resp<>ndent is required to establish a monitoring program (10.02,06 E..3,e.i) that would 6 00 ........ ('W") c:::> detennine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually, A minimum of two reports will be ubmitted by the Respondent. This mitigation plan must be submitted within 60 days (August 25, 2(08). 2. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 3, That if the Respondents do not comply with paragraph I of the Order of the Board by August 25, 2008, then there will be a fine of$200 per day for each day until such time as the mitigation plan is submitted. 4, That if the Respondents do not comply with paragraph 2 of the Order of the Board within 120 days of acceptance ofmitigatioll plan, there will be a fine of$200 per day for each day until the plant material is installed. 5. That the Respondents are to notify Code Enforcement officials that the violation bas been abated within 24 hours of aba<< ment and request the Investigator to come out and perfonn the site inspecticm. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecuton of this Case in the amount of$460.20 within 30 days. t..!:) ~ '-0 r-- ('W") ~ Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Orcer appealed, An appeal sball not be a hearing de novo, but sball be limited to appellate review of the record created within. Filing an Appeal shall not stay tbe Board's Order. !': g:: o ~ KRIsnNE HOLTON :i)a MY COMMISSION t DO 686595 1!i , . - EXPIRES: June is, 2011 i ~',~;;" . BclndecI Thill N-r Public UndIrwriIeII ..--:::.!:~' .,,~...,.. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE , I HEREBY CE RTIFY that a true and correct copy of this OIIDER has been sent 2) U, S. Mail to Jaime and DamarySOIiv~.I_~~~_~~.~,~~~~:~?a les FL 34120this---L!..daYOf~ ...\2008, 4. ai noRIIIA ' . ~"\~.f>",!~.'f~~ )IUmyofCOWElt . "'.'. , 11-]~ ~ EBY CERTIFY THAT this" . tnII," M, Jean wson, Esq. , HER c m nl on file In, Florida Bar No, 750311 ~t CODY at a ~O ~co~ 'Gt;comer Cou. Atto~ey for the Code Enforcement Board Board Minutes~ap ,I " " ~~.pdI 400Fd\h Avenue S"Ste, 300 ~iSS my n, . I ~ Naples, Florida 34102 -~ 'tiay of, " ./ . (239) 263-8206 .# ' 'cotJRTI ~GHT E. BR~('K. ~.OF ~. ...!}up ~ ...." ...' - (0 BOARD OF COUNTY COMMISSIONERS Collier County I Florida Petitioner, Vs, CASE NO, 2006090513 Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT ~.J t:?, trI<L () I vi{ , 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 2006090513 dated the 26th day of June, 2008, COMES NOW, the undersigned, -tc -tc +c 0"\ ~ C""'> ~ 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 June 26th, 2008; 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, 2) The violations are that of Collier Co 03.05.01(8) are described as Veg the proper permits. 00 THEREFORE, it is agreed betw n t e C) c:1.e o ..- ~ c::::t' 1) Pay operational costs in th a ro ecution of this case within 30 days of this hearing, 2) The respondent must prep ~ E-t criteria stated in 04-41 as amended See, 10,02,06,E.3. The ml person who meets or exceeds the credentials specified in Sec. s required to establish a monitoring program (10,02.06.E.3,e.i) tha vability of species of the plants used in the mitigation effort over a two t required to maintain the 80% minimum annually. A minimum of two reports . he respondent. This mitigation plan must be submitted within 60 days of this hearing me of $200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan or a daily fine of $200,00 will be imposed for each day until plant material is installed, ~ o -tc -tc -tc 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection, ~~.. ~/z.f (0; Date I uJd~ filL-MU chelle Arnold, Director Code Enforcement Department (;/~/()6 Date REV 2a3106 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2006090513 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Jaime and Demarys Oliva, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on 2-26-2009, 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 13S:-o, et. seq. 2, That the respondent lIcontact the investigator, 3, That a re-inspection was perfonned on 8-12-2009; 4, That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by mitigation plan submitted and all plants installed by August 12,2009 (deadline June 26,2009), FURTHER AFFIANT SA YETH NOT, Dated August 12, 2009 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ,... n .r l' ,,~t' 0, \-=-....- I Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER d subscribed before me this 12th, day of August, 2009 by Susan O'Farrell, l (PrintIType/Stamp Commissioned Name of Notary Public) Personally known -V NOTARY PUBIJC-STATE OF FLORIDA ~.."'....,##~ Marie, L ,Cheri ('W iCommission IDD721000 ~~i Expires: OCT, 01,2011 BONDED THRll ATLANTIC BONDING co.,DrC. g Rev 1/9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs, Jaime & Damarys Oliva, Respondent DEPT No, 2007080436 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 3-8 9 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007080436 vs. JAIME & DAMARYS OLIVA., 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: 09/24/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3,9, lOCATION OF VIOLATION: Wild Turkey Dr. Naples, FL Folio # 001110760502 SERVED: JAIME & DAMARYS OLIVA, , Respondent Susan O'Farrell, 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 LOCATEO 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 traduction 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 CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080436 Board of County Commissioners vs. Jaime & Damarys Oliva, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 3.05,Ol(B) Location: Wild Turkey Dr. Naples, FL Folio # 001110760502 Description: Vegetation removed on an undeveloped property without obtaining the proper required Collier County 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 0275, for more information, Extension of time was granted on February 26, 2009 see OR 4434 PG 1352. The Respondent has complied with the CEB Orders as of August 12,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $9.400.00 See below, Order Item # 2 & 4 Fines at a rate of$200,OO per day for the period between June 27, 2009 - August 12,2009 (47 days) for the total of $9.400.00, Order Item # 6 Operational Costs of $460.20 have been paid, <Q CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Case No.: 2006080436 \'5, JAIME AND DAMARYS OLIVA, Respondents / premises, hereby GRANTS the said of time for 120 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 S \lit) day of 11'l\i\'U" 2009 at Collier County, Florida, ::ila'. 01 f ~it'UA .:oumy of COLUER I HER~Y. ef.JQ:1FY THAT th.s Is e"''' :orr~~t;o.DY ,at~ ~CUr:11~nt on ml 1ft ~oaitlMiAut~S~~nd ~,..;oros of Cotlllr tau' N~. ,~ RJ!lq,~ o,neill...... tIIII ~ Gay of ~ ~":J ....1 :- ~;z: ~ ... >0.... n,... a-o... ...&:::0.... 11II 11II =- ..:a .. 011II ....-- --- ......0 n :a ;clllln i= 11II "" = :a .. Q ... .. :a .... 11II ~n _0 - :a -t::O -11II ~'=" g...' ~ '-A=- ~ ... .... --.:a .... l:" c::::> ::;o~ " _ \.0 =:::= co =s C> ~"""~ :::1:.. :z:n ...~~ ~5: ~ ""'O~ ~.....~ nn ~... ~ ~ n~Q 1::'4 .. .. 11II :a lG ...n~ g~ ~c...n ~~ - """ ::0 11II n - 11II 11II - - U'I co 3 *** OR: 4434 PG: 1353 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~a . The foregoing instrument was acknowledged before me this ~ day of mClALh , 2009. by Gerald Lefebvre, Chair oft~e Enforcement Board of Collier County, Florida, who is _ personally known to me or who has produced a Florida Driver's License as identification, ..~,..u..... KFIS1IE tU.TQI\a (9(li'j~). MY COMMISSION' DO 688595 \ . - EXPIRES: June 18. 2011 ;jff.. : IlandId 1lvu NaIIIy NllIc UnderwriIIIJ ~~ ,\-k:~~ OTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE his ORDER has been sent by U, S. Mail to Jaime ',h day of 11\('lJ\ A h, 2009, ,~ '~ ment Board 1-/ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, Case No,: 2007080436 vs. JAIME AND DAMARYS OLlV A, Respondents / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD 2008, and the Board, having heard riate matters, thereupon issues its sJ.:.. 3. That the Respondents wer (riOt t-"- 4. That the real property locat particularly described as as Parcel #1: Section 26, Township 47 South, Range one half of the Southeast one-quarter of t Township 47 South, Range 27 East, lying an e Ordinance 04-41, the Land Development Code, as pondents and that the into a Stipulation, e @i and by posting. e F 0 00 1110760502, more o 'Jft~ uthwest Y4 of the Southeast Y4 of , ~ nty, Florida; Parcel #2: the East utheast one-quarter of Section 26, orida is in violation of Collier County 3.05,01(8) in the following particulars: Vegetation removed on an undeveloped property without obtaining the proper required C01lier County permits, 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: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05,01(8) be corrected in the following manner: I. 8y preparing a mitigation plan which meets the criteria stated in 04-0 I, as amended, Section 10.02,06 E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Section I O,02,02,A.3, The Respondent is required to establish a monitoring program (10.02.06 E..3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with :-....n,., ::I!"!~::' --.....'" .. =-..... .. 0- CD _ ,., -- ~~8 ...... Q = :! = n ".. C) " t::I Cl bd - .. ... - co bd ....n _0 ~= _bd ..... t::I g .... ~ 00 '" ........ ... ~ (X:) ~ :- C7'\ ::: C) ~ .. ... c..71 = == 'l.O _n IlII: .... c:::> :i i= :::a c;:.. =~~ ~ ~ <.A.) CD 0 -..:I ~ ..... O""t nn !" ~ ""'d n :::: c::;') I:""'" _ .. ....- ,., " n c::> C)~ =-..:1 ~ c..n ... ..... ,., .... n ... .... bd .... .... ..... ... 6 replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. This mitigation plan must be submitted within 60 days (August 25, 2008), 2, All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan, 3, That if the Respondents do not comply with paragraph I of the Order of the Board by August 25, 2008. then there will be a fine of $200 per day for each day until such time as the mitigation plan is submitted, 4. That if the Respondents do n"ot comply with paragraph 2 of the Order of the Board within 120 days of acceptance of mitigation plan, there will be a fine of $200 per day for each day until the plant material is installed, 5, That the Respondents are 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 the Respondents are ordered to pay aJl operational costs incurred in the prosecution of this Case in the amount of $460.20 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 oflhe 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 J ~1' day of. ...., KRIST1NE HOt. TON : ~.\ MY COMMISSION' DO 686595 ~ . EXPIRES: JlU1e 18, 2011 BondId 1l1N NolIIy PullIiC Und6IwrIers C) ::a Florida. STATE or FLORIDA ) )SS: COUNTY OF COLLIER) ..a::::.. ~ -.:J c:r. ~ Q The foregoing instrument w 2008, by Gerald Lefebvre, Chair of the d _ personally known to me or ~ c:> I"-..> -.:J c:r. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE ~.... I . , , ,I, HEREBY CERTIFY that a true and correct copy of this ORDER has b en sent by U. S, Mail to Jaime and bamarys Oliva, 110 Jung Blvd, W., Naples, FL 34120 this j~r day of ,2008, ;, -:. '" ," ; ,. M. ~ea WSon, Esq, ,Florida Ba~ ~~, 750311 Attorney for the Code Enforcement Board 400 fifth Av~ue S" Ste, 300 Naples, Florida 34102 (239) 26,3-~Q6 w ~ fI fUJRIIIA ;ounty of COWER 1 H EREBV CE~lfYJ'I1f!A'! tI....... ..... :orrect COI)x.~~ . oocume.;on fila... ' eo.rd MintKes at'O, ~ .f CotfIIr Count) ~SS~.~' n~,.' 0"_" _this .,C:l fIMI of, ,,' , '0" ~J. . ~. '1 1 MIGHT iAlR&'K.~:b, COUm ...O-.w:,(' W", - - M., ...... .'.-...---'----- ' ,', ..!._....~:lt.k ' . t'. ..~~.~~..:. .' . ........ - C> ::d w::. ~ -.:a ~ ~ ~ c:::> r-...> -.:a -...:J ':f BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs, Jaime & Damarys Oliva, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, ~'NlL O/,t/'4 , 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 2007080436 dated the 26th day of June, 2008, CASE NO. 2007080436 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 June 26th, 2008; 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. 2) The violations are that of Collier Co 03.05.01 (B) are described as Vege I~ the proper pennits. (;0 THEREFORE, it is agreed betwe n t 1) )If- )If- )If- C> :=:t:t ution of this case within 30 ~ c....> ~ 0'\ 2) f-; ~ riteria stated in 04-41 as amende~ person who meets or exceeds th~ ' required to establish a monitorin~ ' ability of species of the plants used inco required to maintain the 80% minimum )If- e respondent. This mitigation plan must be :: 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perfonn a site inspection. ~ r:: ~ ~., ....,..r .f~ ~ Respondent o/~~/Of Date { t/dL- /i:ft- 11E# M' elle Arnold, Director Code Enforcement Department v Ira, I fl6 Date REV 2123106 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.1007080436 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs, Jaime and Demarys Oliva, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I, That on 2-26-2009, 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 1352, et. seq, 2, That the respondent .contact the investigator, 3, That a re-inspection was performed on 8-12-2009. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by mitigation plan submitted and all plants installed by August 12,2009 (deadline June 26,2009). FURTHER AFFIANT SA YETH NOT. Dated August 12, 2009 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~r.o'~ll Susan O'Farrell Code Enforcement Official ,STATE OF FLORIDA COUNTY OF COLLIER and subscribed before me this 12th, day of August, 2009 by Susan O'Farrell. ,c NOTARY PUBLlC-STATE OF FLORIDA .......~ Marie L Cheri (~ I Commission # DD721000 ,~ Expires: OCT. 01, 2011 BOlGlED TIUlU ATLAm'lC BONDING co., me. (PrintIType/Stamp Commissioned Name of Notary Public) Personally known'" Rev 11912008 g Respectfully submitted, ~~ ~~.. James C, Marshall 975 Red River Road Gallatin, Tennessee 37066 615-230-9065 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 Motion 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: ~1 . }.res C, Marshall Laserfiche Web Link Clerk's Office Fees Records Search Browse Sea rch ~ 'iJ' Ij::~ DD [)!"I ~ Template: Collier County BMR Doc Type Minutes Meeting Type Regular Date 4/27/2006 Last Modified H~!iP f\fly \"ie!)L~\i". Lo;;oul Recording Court Divisions Clerk To The Board Links Forms Ca reers Page 1 of2 .!l ~ Pagen-- 01137 ~ !;]I:~f. .' j3n. Pages n-- to ~ BMR> Boards, Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement 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 Barnett 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 1-.tt.....//",..,""(' f'...,lliprf']prlr f'...,,,,/Rl\/fP 1r1('\('uipur ",,,nv?ir1=? 1 '\hl 7/h/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 staff's 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 B~A..RNETT: 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. !v1R. 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 Page 134 Laserfiche Web Link Clerk's Office Fees Records Search Browse Search ~ ,)1 ...J~ DD "" '!i Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 8/21/2003 Last Modified Heip My Webl. in:.. LD:,:!out Recording Court Divisions Clerk To The Board Careers Links B 18I e; ct ~ _~,~age 11__.~f_62~ -, 1'2% -=J .f:' Pages r- to ~ Forms Page 1 of2 BMR > Boards, Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08/21/2003 W Augus121,2003 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 ai 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 Page 1 1.."-+_. II~__~ ~ ~ 11: ~_~ 1 ~_1, ~~~ ID1\ Xl) !;1~^H; ^,,' ~n~"'); ;1-1 A A ':l {;, B ---- 7/f:./,){){)O Laserfiche WebLink Clerk's Office Fees Records Search Browse Search ~I D~ DD r"1r'! '!! ~ Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 8/21/2003 Last Modified Heip MIl WeLd.lnk Logout Recording Court Divisions Clerk To The Board Links Careers ~ IAI c .~ !l page~.ofs.2~ ..:J +) Pages ~ to r;z- Forms Page 1 of2 BMR > Boards. Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08/21/2003 W 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 lot, 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 vioiation, 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, Page 16 l_u__. 11_____ _ _ _ Ie ____1__1. _ ___ In1\, ,t'Tl 1-'1 ~ ~_.; _n_ ~ ~_..C); -'1_1 A A') C. '7/ r;, I') {){)O Laserfiche WebLink Clerk's Office Fees Records. Search Browse Search ~m )J Ll!~ DD f'\['l 1$ Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 8/21/2003 Last Modified Page 1 of2 Heip My VVebLII:k la~lout Recording COLlrt Divisions Clerk To The Board Careers links Forms I ~ ~ page~ Of62~ .-- ...... '-'-' ~,-----,--" .-'-"-" -.._--_.,-,._--. ~ @ .: .. C~ '-! 132'\ ..:J"':' Pages ~ to ~ BMR > Boards. Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08/21/2003 W 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? Page 36 1,. // ~ ~ 11: _ ___, ___L _ ____ ITYl\ KD l..l~ ~..; ~.., ~~~,,'); ..:1-1 1111 '2 r:. 7/r\!?()()Q Laserfiche Web Link Clerk's Offic€'. Fees Records Search Browse Search ~I ~ WR DD "" iY Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 8/21/2003 Last Modified Page 1 of2 He.ip My' \/VebLink lO~)(Jul Re.cording Court Divisions: Clerk To The Board Links Forms Ccweers !1:t1_~~~e ~~r.~~~ .1 g 161 c ., ('~ -, I :Q"', ..::J"t' Pages ~ to rsz- BMR > Boards. Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08/21/2003 W 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: I 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 peopie 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? Page 53 1 I' II , 11 " ,_ 1 _ .,L _ _ .u IT...." Kn 1...1 ~ ~..: M_ _ ~ ~__. 0: ..:1-1 11 A'J t::. 7/h./')OOQ Laserfiche Web Link Clerk '50 Office Fees Records Search Browse Search ~I :...1,; DD "'''' \)) 11 Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 8/21/2003 Last Modified Page 1 of2 He::.:: Mv Weblink LO\Joul Record ing Court Divisions Clerk To The Board Careers Links Forms ~ ~ Page rss- of 62 ~ ~ QJ c' c (_: -I ]2,:, ..::J'+' Pages rss-to ~ BMR > Boards, Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08/21/2003 W August 21,2003 MS, CHADWELL: No, CHAIRMAN FLEGAL' I can reduce a fine, does that mean I can reduce it to zero, or Le" 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 individual 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 Page 54 1..~~_ ,II___~ _~ 11: ~_~1~_1, ~~_IDl\ tfD /rl~~H;~'H nn~~,);rl-l A A ~ h 7/h/')OOQ Laserfiche WebLink Clerk's Office Fees Records Search Browse Search ~ 'tJ [j~ DD I"l["\l '$' Template: Collier County BMR Doc Type Minutes Meeting Type Workshop Date 6/21/2003 Last Modified Help Ivlv'v'\iel)Llnk l.rJ:)uut Recording Court Divisions Clerk To The Board C<'If"eers Links forms r;] I8l c, .!1 ~pa~el,5~_.Of~~,~ I,c/';: -=.1+> Pages rss- to ~ Page 1 0[2 BMR> Boards, Minutes, and Records> BMR Advisory Board Minutes> Code Enforcement Board> 2003 Minutes> CEB Minutes 08121/2003 W August21 ,2003 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 our-- at ieast 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 Page 55 I~~ "T'\ 1.1 _ _____1).: ..J_1 It 11') L 7/{;./')()()Q 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) "15J Chapter 162, County or Municipal Code Enforcement (Refs & Annos) "1EJ Part I. 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 (I). 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, @ 2009 Thomson Reuters/West. No Claim to Orig, US Gov, Works. D ", /1 --- - _LL___ _ ____ L_;_+ I__;_+~+_~~~ ~n~~')n~n-()()()':l1 711 Q7 _ ,,)(){){)A'rr,,='XTT WQ {)flA)-rl 7/h!?()()9 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 1; Fla,St.1981, 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, S 4, eff. May 29, 1994; Laws 1995, c, 95-297, S 1, eff. Oct. 1, 1995; Laws 1999, c, 99-360, S 5, eff. Oct. 1, 1999; Laws 2000, c, 2000-125, S 1, 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. JUL Proof of Facts 3d ~ 2009 Thomson Reuters/West. No Claim to Orig, US Gov. Works. l_u__,II~~___..~ ".M~l~m ~~~/~..;...+I...."';...tc+..p.,rn .,"nv?<".,~=()()()i 174R7-?()()()&rs=WLW9,06&d... 7/6/2009 Retn: INTER OPlICI: S GARCIA COLLIER COUNTY COOl ERFORCE 2800 N HORSBSHOB DR CDES BLDG NAPLBS PL 34104 3880479 OR: 4081 PG: 3366 RECORDID in the OFPICIAL RBCORDS of COLLIBR COUITY, PL 08/02/2006 at 11:04AK DWIGHT B. BROCI, CLERI RIC PBI 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 / 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 oftbe record created within. Filing an Appeal shall not stay the Board's Order, *** OR: 4081 PG: 3367 *** DONE AND ORDERED tJUsdt- daY~' 2006 at Collier County, Florida . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA /~ BY: Richard 2800 North eshoe Drive Naples, F]orida 34]04 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument w,", acknowledged before me ~Y of ~, 2006. by Richard Kraenbring, Vic;:'Ch~the Code Enforcement Board of Collier C ,F]orida, who is personally known to me or L who has prodncod a Flon~~~ 'C~en '"' id ntificatinn. ~ . (J jJ .. . _. .'- una '"', ModUgn~ 00~ NO uv---rJU-J ""~'"'''' Do issiotlll0013~ 7 My com _"~~' ,~,_ Cotlltll 1\ 0 \ '6. J,.OO ~ ~i.'~ ",.: Expires', ucjhrU ,,", ~:": Bonded, C IllC .~' ::e. ,ndlng 0.. '.,'f,,;;" 'f..~" ll,llantlC Bo "'j~"'" I HEREBY CERTIFY and Sherry Marshall, 975 Red Ri wson, Esq. ori Bar No, 7503] 1 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste, 300 Naples, Florida 34102 (239) 263.8206 State 01 f LORIIJA ~URty of COWER , ;', '; '~~r~:. .t ~ I H~RE8T'CF.Jl:T~fY:J~AT this Is a true and . co~rect ~'g,~;~ t.bpj.!ment on file In Boar4.~in'utes '8J;J.ct: fJ'!'qcrcs of Collier Count) 1~;Jf,' &S my ~,:.'-':j C7j;Cl?I.~91 this =. day Of ' , ~"t- ~\O . 1"'. . . ,." I" 'r '~ OWl ;: 'l'" . CLERK OF CO '" ..~..... ,.r. ~.' / D.C. _ .._.., } 3835454 OR: 4033 PG: 2480 RICORDID in OFFICIAL RlCORDS of COLLIII eOUITY, 'L 05/09/2006 at 11:02A1 DIIGHT I. BROCI, CLIRI IIC fll 44.00 . Retn:IIfBROffICI CODE ENFORCEMENT BOARD COLLIIR COUITY COOl InORClO. COLLIER COUNTY, FLORIDA S8IRLIY M GARCIA 2800 I 80lSISI01 DR CDIS SLDG 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 cord 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 of June 29, 2005 through April 7, 2006 at a rate oU50 per day, fines in the amount of$28,300.00 for the period ofJune 29, 2005 through April 7, 2006 at a rate oUtOO 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 IJntil 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 "An and/or any other real or personal property owned by Respondents, DONE AND ORDERED !h;s ~ day of 1710- ,2006 at Collier County, Flor;da . CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Jj~ f3d ~ Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATEOFFLORIDA ) )S8: COUNTY OF COLLIER) as been sent by U, S, Mail to James day of Jrf}i()= 2006, I I HEREBY CERTIFY that a true and Sherry Marshall, 975 Red River Rd" Galla: ~2~6~ Florida Bar No, 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S" 8te, 300 Naples, Florida 34102 (239) 263-8206 .)18te 01 f LORIIJA ~UAty of COLLIER . HEREBY CE~:rIFY THAT this Is a true and correct C"QPV qt~;~:.!ment on tHe in BoardW~u(" '. '~~~.r.:;~ of Callier Count) Wq~7~>' I'd', m~ia seal this '..~ 8.: D.C. ~/ ow .,. 3650241 OR: 3834 PG: 0782 RECORDED in OFPICIAL RECORDS of COLLIER COUNTY, PL 07/01/2005 at 08:35AK DWIGHT E, BROCK, CLERK REC lBE 18.50 Retn:INTBROPlICB LEO BONANNO, OPERATIONS COORD, CODE ENFORCEMENT BOARDCC COD! ENPORCBKBNT/CDES BLDG COLLIER COUNTY, FLORIDA 2800 N HORSBSHOB DR BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2004-72 vs, JAMES C. AND SHERRY MARSHALL, Respondents I ORDER ON MOTION FOR RE-HEARING for Rehearing, and the Respondents, havi have not shown that the decision of the Bo a ruling of law, which was fundamental to the declsll-J 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 appellat~ review of the record created within, Filing an Appeal shall not stay the Board's Order, ,. *** OR: 3834 PG: 0783 *** . DONE AND ORDERED this n.. day o~ 2005 s1 Colli.. County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA . '1 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi~ 7day of a~Jl~, 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 ..,,) L Modugno f,R C . ~ 7 !(L~ 1~~"~~-, ~~:~siO~ I#DD234494 o~\J ;,.~~.: Expires: Aug \8.2 My co "~. " ",1./ ~onded ,'l1lfU ,I "~."',r:.~" !\tlantlC Bondmg .. t by U. S. Mail to James C, ,2005. State of FlORI1JA _ , Cow1\y of """'I, t lea .,.. ,,", , ""............. .. , , . , . .~ . . . ... .~ ~ . . ,.~ ...... .,..-......... ,I'~.~ I HEREBy'CERTiFY :rH<<r"~~. true and correct ~ of .',docunient~ fJ.,ln Board Mln~ and ,Records ,of ~merCOUnb ;1!re~: By: . -~ D.C. ~ ~ " leu: 11l'fIlOlnCB LIO SOIADO, OPIRU'IOIS COORD. CC COOl II'ORClKlI!/CDBS BLDG 2800 I BORSBSBOI DR 3636099 OR: 3818 PG: 2102 RlCORDID in the O"ICIAL RlCORDS of COLLIBI COUITY, lL DC III 06/10/2005 at 09:07A1 DiIGB! B. SROCI, CLIII 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 ORDER ON MOTION FOR RE-HEARING rd on May 26,2005, on the Respondents' Motion rvic ,") The Board having considered the matter. and being duly advis (j in 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. *** OR: 3818 PG: 2103 *** . , DONE AND ORDERED this ~ day of ~, 2005 at Collier County, Florida, CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J}! day of ~/.J..-,u. ,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. F, J. . r'\_. " ,!r~wJ t by U, S, Mail to James C. ,2005, ":Uite of FLORWA County of COLUER I HEREBY CERTJp-1.&T-'tfds Is a true Iftd correct cop~~ .d~ment' ~r\..file in Board MI,,~. .I}~ ~~~ 01 ~liIer Count) ~E~. .' nQ,ando '. I _~ :1 this ~ dayoli .~ ' .. .... ~ .....'~~.: ;.,-.. DWIGHt E. BK,C,t.ERK'OF'OOURTS Ily: fu.w. -MiK D.C. ~" , , ,~ .. ..' . 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 FACT. CONCLUSIONS OF LAW AND ORDER OF TIIE BOARD 8,2005, and the Board, having heard riate matters, thereupon issues its s:,; 1. That James C. and Sherry 2, That the Code Enforceme t B Respondents, having been duly no e r 3, That the Respondents were 4. That the real property located 37590120007 more particularly descnbe Numerous wooden sheds built without first obtaining authorization of Collier County permits. 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 TIIE 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 described property, by obtaining aU Collier County Building Permits or demolition permits and by following through with all required inspections and Certificates of Completions for descnbed structures within ninety (90) days (June 28, 2005); 2, For primary structure, by obtaining a new valid Collier County Building Permit 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 Collier 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, 2005), 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, 2005), then there will be a fine of $100 per day for each day that the violation continues past that date. 6, That if, in the alternative, the Respondents do not comply with paragraph 3 of the Order of the Board within ninety (90) days (June 28,2005), then there will be a fme of$loo per day for each day that the violation continues past that date, 7, That the Respondents are to notify ciaIs that the violation has been abated and request the Investigator to come out and pe 8, That the Respondents are 0 o Any aggrieved party may a al the execution of the Order appealed An review of the record created within Fir StIta at fWRWA. . ' " eou. of 8OW_\~1V co,::,:/. ' - ~,.......... ~~ .: ~ .... '. cp. I HEREBY (:E . . , " "~.nd correct copYI:1P" , ,I ',..~..I Board Mfnu ~nd'J~~r'ds.9f~tij;- Countt NESS m '. n " - . ' ::.~lJI" ~ day of -::.,;~'::' .#~ .\..... ~..{., ,. ~...... ~QHT~B~C~~~f~u~ By; D.C.. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this.~ day of 1~r7' / . 2005, by.9iff"Flegal, Chainnan of the Code Enforc nt Board of Collier Co~ty: Fl rida, who is ~ona1ly known to me or _ who ced a Florida Drive License as identification. ,m,Q~ ,''''', Donna L. Modugn.o __.'!tY,~.., Commission #00234~~; =~~\. ',.: Expires: Aug \8,2 :";:" ~,~: Bonded Thru '.~'iOFf\.~" Atlantic Bonding CO,.lnc, 1'111'\\ ttt OR: 3771 PG: 3451 ttt 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O~has been s~: S, Mail to James C, and Sherry Marshall, 975 Red River Road, Gallatin, TN 37066 this day of I / ,2005. . .~~~ M. Je WSOD, Esq. Florida ar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 I , leu: C C COOl IIlOIClIII! IITII OfFICI / LIO BOl1ll0 213 2994 3593067 OR: 3771 PG: 3447 RlCORDID in the OFFICIAL RlCORDS of COLLII. COUIfT, FL Of/ll/2005 at 09:0fAl DWIGHT I. BROCI, CLIII DC 01 ".00 ..- 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 Motion to Continue, and the Board hav' Based upon the foregoin 162, Florida Statutes, and THIS CAUSE came on for public he hereby DENIES the said Motion to Collier County Ordinance No. 92- 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 ) )88: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thiS~daY of kr;/ ',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~~m~ ' 4~ 4f.:~"!!ft/.... commission #0 2007 : :~",.: Expires: ,6.ug lS, ~;:.. ~~~~ Bonded Thru ..;r'io;f\.~'- Atlan+jc Bonding Co.. Inc. "" 11"'\ II. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of thi.' s O~ has been ~ by U. S, Mail to James C. and Sherry Marshall, 975 Red River Road, Gallatin, TN 37066 this ~ day of ,/ ,,-t ,2005, -- o.c. . 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 RESPONDENTS' SUUPLEMENT TO MOTION TO REDUCE FINES Now Come, the Respondents, James C. Marshall and Sherry Marshall, pro se, pursuant to Chapter 162.09 (2)(b)( c)( d) Florida Statutes, Collier County Code of Laws and Ordinances Article IX, Division 4, Sec. 2-2030 and Collier County Code Enforcement Board, Rules and Regulations, Article XI Section 3(;) and do respectfully request the Collier County Code Enforcement Board to enter an order reducing the fines/lien imposed upon the Respondents' property and to thereafter petition the Board of County Commissioners for the authorization to record the order in the public record of Collier County thereby removing the fines/lien from the Respondents' property in their entirety and as ground do state as follows: 1. The Respondents do incorporate herein each and every argument stated in their Motion to Reduce Fines. 2. The Respondents' permit #86-2791 provided that ".. .the work as shown on the approved construction plan will be allowed under this Permit." Exhibit 1 3. There are (3) three structures located on the "approved construction plan." Exhibit 2 1 4. There are (3) three buildings listed on page 17 of County Exhibit A. This document indicates an employee from the Collier County Property Appraiser's office visited the Respondents' property on January 6,2003 and faxed the document to Inspector Letourneau on January 23,2003, Exhibit 3 5. There are no non-permitted sheds or accessory structures on the Respondents' property, 6. The fines/lien imposed upon the Respondents' property for any non-permitted sheds or accessory structures are inequitable, fraudulent, unlawful and must be removed from the Respondents' property. 7, Fines and a lien were imposed upon the Respondents' property for violation of Collier County Ordinance, Section 10,02.06(B)(1)(a): Zoning action on building or land alteration permits, No building or structure shall be,. . allowed to exist,.. without first obtaining the authorization of the required permit(s), inspection(s) and certificates of occupancy as required by the Collier County Building Code..," (Page 6 of County Exhibit A) 8, The Respondents' permit #86-2791 was issued pursuant to the 1982 Zoning Ordinance of Collier County which provided as follows: Zoning Action of Building Permits: No building or structure shall be erected, moved, added to, or altered without a permit, as required by the Collier County Building Code", Exhibit 4 9, The Respondents' primary structure was not subject to the restriction of not being "allowed to exist" under the 1982 Zoning Ordinance of Collier County and there is no provision in either the Collier County Code of Laws and Ordinances or the Land Development Code for the Respondents' expired previously issued building permit to be deemed a violation of Collier County Land Development Code, Section 1O.02,02(B)(l)(a) or to require the Respondents to obtain a new permit and to complete construction by any definitive process. 10. Previously issued building permits are exceptions to the provisions of the Land Development Code as follows: Section 1.04.03 Exceptions: A. Previously issued building permits. The provisions of this LDC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LDC if: 2. The development activity continues without interruption in good faith until development is complete, If the building permit expires, any further development shall be in conformance with the requirements of this LDC or any amendment hereto, (Emphasis added) Exhibit 5 11. In view of the foregoing, it is no longer equitable for the fines/lien imposed upon the Respondents' property to remain recorded in the public records of Collier County, Florida. 2 WHEREFORE, the Respondents, James C. Marshall and Sherry Marshall, respectfully request the Collier County Code Enforcement Board to enter an order removing the fines/lien from the Respondents' property and, if necessary, to petition the Board of County Commissioners for authorization to record the order in the public records of Collier County, Florida. Respectfully submitted, James C. Marshall 975 Red River Road Gallatin, Tennessee 37066 615-230-9065 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 Supplement to Motion to Reduce Fines was hand delivered this 24th day of September, 2009 to: Collier County Code Enforcement Board 2800 N. Horseshoe Drive Naples, Florida 34104 By: James C. Marshall 1 Conitrut:tio.l Pe~mit No.Z~d.191 '''--('J -; : '1 r.:: p r- ,0 "HI "\. ~l-::- -. ... .\,.,. \,..y \l.n .t, 1,.... "~ "" .,l,.,," ~":1 l ___~,~ _ __, 19& ..... ... ,"'"',' . 1!l" , " 1"\,. /, ~"fnV,hjy~ P'R. IT oWller/P~L_~L~'-'___ ___.Addrc~s- ,jU) 111 ~,. Contiattor ~.M-___.______u___., rcl,,\~t~~~, -",r,~-L'iI_ f'rdct/l~. - -.!'-. --A -~--~ -- Cl,) I. -- ~-- ,Ullii~C - )ubdivision/~,l_ _I!!!!I..Lrl,_~__ FOR iNSPECTIONS Pt~Qi.:~:t~ '111{.& ri 92 ,'lUST BE NOTIFIED 2tl i"IDUt:S 1fJ ADYJHdtrt 't.........~.J:_~r..Di~~-i&""'~,'.;-~-.~_ __~.4-:~~~-~"r- ,', ~",~~'":<11~~~;'~~~ ENGINEERING Gl:I'IERAl CONDITIONS RIGHT-Of-WAY REQUIREMENTS 1, Onl)' tht,; wurk as shown on the approved c.onstluction plan will be allowed undar this Permit, I. See Approved COfl:;truclion Plan 2. Unpermitted access thru or construction 2. Work must comply with County Ordinance; within swules/ditches is prohibited, No, 82.91 and Call ier County Public t Rights-af-Way Construction Standard'; . Handbouk ")lc:,t edition, and stipulations F1N:~d/", cond~,on~:~:~~~~___ _14. DATE __________,.._ ------,- ~ lj ~~~~;~r..""......,"..,..~..._."""""",. ~'>""")11~~,.l.;;:-. 3. Unpermitted dumping or filling within the I imits of any right-of-way I easement is prohibited, ~ Paveml;nt, sidewalks, culverts, elc. within right-of-wuy, shall be restored to a condi- t ion equal or better than pre-construction cundillon, ENGINEERING SPECIAL CONDITIONS SITE DRAINAGE $e,; A"prc'ved Comtrllclion PIon for Site Drainag~ Requirements FINAL________________ DA TL-____,__________, , I ~, ; i' ~~~~~ tL.. _.;;;.~~.-di'lIiitI rhe violation of "oy of the abo'le Conditions '"ill be jl'.."t C.ldSC. tor issuance of a STOP WOR~ )RDER, This O'WER shall rei<1~in in dfeel' lIntil tho, vio!;;t;"ll has been corrected and aI- ,roved by th~ Public 'Worb Diyisior., (he <Ibove insp~dif!i1:; SHJ\LL BE apprJvej prior to ElJiiJilig Dc?ariment's i:,s\J;)I1I.>J <.If till', .ower or Certificate of Occup-1ncy. 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Il't:.,', -: " I ~~d ~ ., I ' :, I ~ I. ~ ~: i <;. -, I ' I . r---;',' ::_J.!_.J_'~LJ:t...;:!. r I, - ': I!! 'A' i :? i'i: ,I : - i-Ill,.;.. : J~liiii!~;I'~i;--i,i ['-I f~ ni'l ;,~-:. i Iq~ Tl! ,ltl@ll1-tTI;lti1i1\i1h l;~_ ~I $~ ~ ;')..... i~~ -:- *~ SECTION 10. ADMIN I 5 TR.-\T I ON A.\fD E.."tFORCE:'.ENT: GENER.-\.LL Y, E UILD ING PE&~ITS, CERTIFICATES OF OCCUP&~CY, DEVELOP~~~T PL.~"t APPROVAL, TEMPORARY USE PE..~~ITS: 10.] General: An official to be knm.'n" as the ZO:::':-.3 Direc~or. designated by the Board of County Co~issioners, s~all enforce this Zoning Ordinance. The Zoning Direc tor is a:.: chor iz ed to act through -aides and assistants. In the perfc:-::ance of his duties. the Zoning Director may request the assis::ar:ce of any appropriace officer or agency of the County. Ee shall investigace promptly complaints of viola~ions, reporcing his findings and actions to co~?laintan:s, and shall use his besc endeavors to prevent Violations or t~ detect and seco..:re the correc tion of violaCions, If he finds that any or che provisions or this Ordinance are being viola:e~, he shall no::!,.:y, in '..:ri:in3, the person res?onsible for s:.:c:-: viola~ion, indicacing che naCure of the violation and orderins the action necessary Co correcC ic. Ee shall order the disccntinuance of illegal' use or land, buildings, or structures; removal of illegal buildings or s~ructures or illegal addicions, al~era- Cions, or str~ccural changes; discontinuance of any illegal ....o!'k being done; or shall take any othe:- lal,;ful a::::ion auth- o=i=ed by chis Zoning Ordinance necessary to insu:-e compliance '.tith OT to p:-event violation of this Orci:1ance. :ailure to com?ly ....icn any such order of che Zoning Di:-ect.:::: s~all be a v::'ola::ion of t~is Ordinance. The Zoning Director shall ~aincain ....ritten re~ords 0: all :cn:ng violations and official ac::ions or his office ....ith relation to the enforce~ent or this, and 0: all cc~?laints and ac::ions taken ....ith regard chereto, a~e or a~~ violacions discovered by '-'hatever means, ....ith re::J.ecial actic~ taken anc. disposition of all cases; and the sa::-.e shall :2 a public re:~o:-:::~ 10.2 z c :-:::':'. z ,\ c : i.:::c :::'. B u i 1 c: i:12 P e :-2 i c s : Th c: ::.::: :-,::. n g ::' i : e: : (] r s:-. a 11 :e responsible for dete~ini.ng ....he:her app:i::at:.o:-:s :0: bu:.ld- i:'.3 pet'":::ics, as recp.:i:-ed b:: che Collie:- Cc\.:n::;' ct..:i:'ding Code, are in accord '..:ich the require::J.ents of t:;:.s ZO:1:':-::: Grcina:1ce, anc r.c build:':"1g pcr.ni:: shall be issued '-'it:-,01':: ....r:i::e:-. approval :::;a: plans s~b::-.itced confo:::-. co applicable :on1ng :eg~la::ions. ~c :uildi:cg 0:- S:::-:':CCure shall be erected, ::-.cved, aecec :0, or a'::e:-ed ....i:hcu: a pe::-mi::, "'.:> recui:-ed eJ. :ne C:::':'ie: Cour.t) 3:.::.:::::ng Code ane no building pe:-:J.:':: 2pp2..icaci.c:-, si-:all be a;;;;:-c';ed b/ C::e Zoning Di::ec::or :er c::e erec::.::'., Ulc'ling, ~~C::lon to, 0= altera:ion c~ a~y bu~ldi~g c: S:~~::~:e excepc :.n c~:::or:::i t:r '~'ith che p:-o'1isi.~:1s c: tn1s Zor.:.:-:~ 'J:-:iinance. ~ , " . U"'~2S5 ne 5.""1.]1.':'" I LL.. 1..04.00 APPLICABILITY Page 1 of2 1.04.00 APPLICABILITY 1.04.01 Generally A. The provisions of this LOC shall apply to all land, property and developmentin the total unincorporated area of Collier County except as expressly and specifically provided otherwise in this LOC. No development shall be undertaken without prior authorization pursuant to this LOC. Specifically, no building, structure, land or water shall hereafter be developed, or occupied, and no building , structure, or part thereof shall be erected, reconstructed, moved, located, or structurally altered except in conformity with the regulations set forth herein and for the zoning district in which it is located. B. The regulations established in this LOC and within each zoning district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this LOC. C, This LOC shall apply to all division of land and all subdivisionsin the total unincorporated area of Collier County, except to the extent as expressly provided herein. It shall be unlawful for any person to create a subdivision of, or to subdivide, or to otherwise divide, any land in the total unincorporated area of Collier County, except in strict conformance with the provisions of this LOC and any applicable provisions of the Collier County Growth Management Plan (GMP). 1.04.02 Applicability to Previously Established Time Limits A. Any time limits on any development orders approved prior to the adoption of this LOC shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LOC. B, This subsection shall not apply to final subdivision plats approved prior to February 17, 1976. C. Any time limits on any nonconforming signs shall continue to run and shall not be enlarged, expanded or stayed by the adoption of this LOC, 1.04.03 Exceptions A. Previously issued building permits, The provisions of this LOC and any amendments hereto shall not affect the validity of any lawfully issued and effective building permit issued prior to the effective date of this LOC if: 1. The development activity authorized by the permit has commenced prior to the effective date of this LOC or any amendment hereto, or will commence after the effective date of this LOC but prior to the permit's expiration or termination; and 2. The development activity continues without interruption in good faith until development is complete. If the building permit expires, any further development shall be in conformance with the requirements of this LOC or any amendment hereto. B. Certain previously approved development orders. The provisions of this LOC shall not affect the types, densities and intensities of land uses or theyard or landscape buffer width requirements of any (1) final subdivision plat and final improvement plan, (2) final site 5 http://library8.municode.coml default-test/Doc Viewl13 992/1/3/7 8/21/2009 September 24,2009 MR. DEAN: What are you talking about? This last-- MR. L'ESPERANCE: The $920.40. Operational costs that she's paid. MR. DEAN: That's nonnally (sic) higher than operational. Why was it? VICE-CHAIRMAN KELLY: There's been a change in procedures with staff: MR. DEAN: Right. VICE-CHAIRMAN KELLY: And the new procedure has I guess a much more efficient pay scale than what they had in the past. MR.. DEAN: That's what I remember. VICE-CHAIRMAN KELL Y: Okay, moving on to motions for reductions offine. James and Sherry Marshall. (Speakers were duly sworn.) MS. WALDRON: Board, if I could just get a second of your time. If you could please refer to your rules and regulations, Article 10. If there's anyone who does not have a copy, please Jet me know and we will get you one. Article 10, Section 6. I believe it's on Page 9. And we've also included a packet of previous orders and evidence to you this morning. MR. L'ESPERANCE: This is in reference to which case? MS. WALDRON: To the Marshall case. VICE-CHAIRMAN KELLY: Okay, and you've sworn both of them in? THE COURT REPORTER: Yes. VICE-CHAIRMAN KELLY: Good morning, Mr. M,arshall. MR. MARSHALL: Good morning. VI CE-CHAIRMAN KELLY: The county has just asked us to refer to our rules and regulations about the motion that you have presented to us. And for everyone's benefit, I'll quickly read into record the article that was requested by county staff to look into. Page 50 September 24, 2009 It is Article 10 of our rules and regulations, Section 6. And it says verbatim: The board will not rehear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. With that being said, sir, I'd be happy to hear what you'd like __ MR. MARSHALL: I believe I filed with the county a motion to reduce the fme, which is our fIrst motion. VICE-CHAIRMAN KELLY: Correct. MR. MARSHALL: And in that, I made a reference to when the fme was imposed the board, on April 27th, 2006 did not discuss the criteria that was set out in Chapter 162 of the Code Enforcement Board statute. I included in that motion to reduce the fine and request for a hearing a transcript of the hearing to verify that those -- that criteria was not discussed. I think a few of you gentlemen sat on the board the day the fine was imposed. I've also brought with me as supplement to my motion to reduce the fine, I have five copies that I'd like to submit to the board, and I have one for the county. VICE-CHAIRMAN KELLY: Is this an additional motion? MR. MARSHALL: No, it's a supplement to my motion. It's not an additional motion, it's just some criteria. I believe, if I might refer to -- I think it's Article 10. I don't have a recent Article 11. Just bear with me, please. VICE-CHAIRMAN KELLY: While Mr. Marshall is looking for that, in order to entertain his supplement, I will need a motion and an approval and then also a comment from our attorney as to the validity of it. MS. ASHTON-CICKO: I think generally they have to provide the motion a certain number of days before the hearing. But in the spirit of due process, I'm goingto suggest that you take a look at it. VICE-CHAIRMAN KELLY: Very good. Page 51 September 24, 2009 I'll entertain a motion to accept the supplement. MR. DEAN: I'll make a motion to accept the supplement. VICE-CHAIRMAN KELLY: We have a motion. Do we have a second? :MR. L'ESPERANCE: Second. VICE-CHAIRMAN KELLY: We have a second. All those in favor? MR. DEAN: Aye. VICE-CHAIRMAN KELL Y: Aye. :MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. :MR. LA VINSKI: Aye. VICE-CHAIRMAN KELL Y: Any opposed? (No response.) VICE-CHAIRMAN KELL Y: Mr. Marshall, just to clarify, so your position is when we originally imposed the fines you did not request to reduce or abate them, is that __ :MR. MARSHALL: There was a motion to abate the fine. VICE-CHAIRMAN KELLY: Okay. MR. MARSHALL: But my understanding -- and I think I've included in the original motion that you folks had received prior to today's hearing -- let me see here -- you know, from the August 21 st, 2003 Code Enforcement Board, I believe it was the hearing, it could have been a workshop, I'd have to check real quick, that the abatement of a fine and the reduction of a fine are two separate animals. So rather than run myself into the quagmire where I was doing something I wasn't pennitted to do, that's why I clarified that this is our first motion to reduce the rme. I don't know if we ever got to the merits actually of my motion to abate. And I can't recall offhand if any of you gentlemen sat on the board for that. But that being said -- let's see, where did I put that? Bear with me, please. I'm sony. Page 52 September 24, 2009 My Article 11, a reduction of fme and imposition of fines, I believe under Section I permits the county to consider any factors that make the abatement or the reduction of the fme appropriate. MR. KAUFMAN: I've got a question for county. Has this violation been abated? MS. WALDRON: No, it has not. MR. KAUFMAN: Ifit has not been abated, we generally do not even hear reductions if the fine has not been abated; is that correct? MR. L'ESPERANCE: The violation still exists is what you're . saYIng. MR. KAUFMAN: Right. MR. MARSHALL: Well, that's something we're going to get into in my supplement here. MR. KAUFMAN: I'm asking the county this. MS. WALDRON: That is correct. And if you please refer to your packet as well, there is an order. It is OR40813366. And this is an order on motion for reduction/abatement of fines and lien. MR. KAUFMAN: Is this the -- on the top, the number that's up on the top 3650241? MS. WALDRON: It's actually OR40813366. There are numerous orders in your packet. MR. KAUFMAN: Okay. I was just looking at the one that said that the -- that it was denied on -- I'm trying to find the date on this. MR. MARSHALL: Maybe July 29th, 2006? MR. KAUFMAN: The rehearing was on June 23rd, 2005. Motion for rehearing was denied. MS. WALDRON: That's a different order. MR. KAUFMAN: Okay. MS. WALDRON: It's the order on motion for reduction/abatement of fines and liens. Came before the board on July 27th, 2006. Page 53 September 24, 2009 MR. MARSHALL: If I might interject, if there's a copy of my motion, I believe it only says motion to abate the fine. I don't believe it says anything about reducing the fine. So the order may reflect __ may use that language, but I don't believe the motion did. And I have a bunch of stuff here from the county. I don't know that I have a copy of the motion to abate in there. But my recollection is that we only filed a motion to abate the fine. VICE-CHAIRMAN KELLY: The point that was just brought up by both Mr. Kaufman and Mr. L'Esperance is that we don't as a board rule to reduce or abate any fines until compliance has been secured, until the actual violations have been abated. In that case, that's why we actually denied the original notice to abate and/or reduce whatever the original motion was. So in this case in my mind it becomes less of an issue as to procedurally, you know, did you ask for an abatement versus a reduction, and it's more to do with the fact that there's still a violation that exists that basically disallows this board to suggest or think of __ about or rule on any further reductions of any kind. MR. MARSHALL: I understand that. But you are misapprehending the facts of the case which you are -- which I'm trying to bring you up to speed by the supplement to the motion. VICE-CHAIRMAN KELLY: I can appreciate that. I also would like to refer to the original motion to rehear, which was denied, which was timely. However, now we are -- not only have we been asked to rehear the case and denied that, we are now past yet another time frame to rehear, and that's a completely separate issue altogether. We can't rehear the original case. MR. MARSHALL: I understand that. But I'm just saying that in the criteria for reducing a fine is any factor under your rules that make an abatement appropriate. And the factor, the definition of factor is any element that brings a particular result. So I have factors here that I would like you to consider. Whether Page 54 September 24,2009 or not at the end of considering them you think you have jurisdiction or not is another question. But, you know, this notion that there's a violation on the property is incorrect and I'd like to, you know, just indulge the board for five minutes. VICE-CHAIRMAN KELLY: If I may, I'd like to poll the board and see if we can't get some kind of acceptance to allow you to make that presentation to us, with the understanding that the board may set a specific time constraint as to how long we'd like to hear details about what you have to say. MR. MARSHALL: Fine, that's the board's pleasure. VICE-CHAIRMAN KELLY: Would the board entertain listening to the supplement and perhaps some kind of extenuating factor that may exist that may change our mind? MR. DEAN: Five minutes. MR. L'ESPERANCE: Five minutes. MR. KAUFMAN: Five minutes. MR. LA VINSKI: J agree. VICE-CHAIRMAN KELLY: Mr. Marshall, it's unanimous. We'd like to hear what you have to say for five minutes. MR. MARSHALL: Okay. The original fine on the property, I'm sure you probably have an order in your packet, is that there were no permits for the sheds on our property. Exhibit No. 1 to my supplement is the Collier County permit that we were issued in 1986. As a general condition states up in the right-hand comer, only the work as shown on the approved construction plan will be allowed under this permit. The next page is my construction site plan that was stamped by Collier County and signed off on on September 22nd, 1986. You'll see on the site plan there's my residence, a 20 by 20 pole barn and a three by eight rectangular structure that we intended at one point in time to put our water softener in. Page 55 September 24, 2009 So we had plans and we had permits. The county never had the permit at the original hearing, the county never had the blueprints. There was some discussion about the blueprints, and I argued you have to look at the blueprints. You just can't look at the permit application to determine what we were legally allowed to build out there. So we've been being chased for seven years for unpermitted structures that we have permits for. I have the original permit with me and the original plan that I can submit into evidence. So rather than getting involved in any more litigation, and I don't -- I mean, I could get into the legality with the building, the main structure, and it involves the old code that the permit was issued under, that we were never given before the original hearing, the difference in those codes is spelled out with crystal clarity in the motion. What I'm asking the board to do is to consider -- I know there's some question about the board's authority to fool with the lien, you know. I know that the statute says that the lien runs in favor of the county, but the county cannot enforce the lien. That's solely the duty and the authorization of the Code Enforcement Board. So the lien can sit there in perpetuity. The Board of County Commissioners can't authorize anybody to do it. It's your business. So I think it's still within the purview of the board to reduce the fine. If the county doesn't like it, then the county can take it up with the courts. The alternative would be, and I mention it in my closing paragraph, is if it's in the county's -- in the board's opinion that there is no violation, certainly with the sheds. I mean, I think that's -_ there's no argument there, those structures are legal. I f you would look on I think it's Exhibit No.3, which was entered into evidence at the Code Enforcement Board hearing, this was put out by the property appraiser, you'll see in the first vertical column up at the top, building, APC, APC, GPC, three buildings. Down at the bottom, three Page 56 September 24, 2009 buildings. They've been there since 1989. There's no illegal construction going on out there. So as I was just getting around to, what I asked the board to consider doing is that we would request the board to enter an order or at least to consider it, take it up at another hearing if you need to or whatever, removing the fmes from our property and if necessary to petition the board to reduce the fine to remove the lien, if you don't feel you have the authorization to do that. We've already appeared in this commission room once before in front of the board and said Mr. Letourneau's been on our property without inspection warrants, dab, dab, dah, dah, dab, dah, dah, dah, dah, and they said well, let's go to court. So we're in court. And I just felt that it was at least worth the effort to try to appear before the board. I thought there was -... in the broadest application of the rules in your discretion that we could have a little more than five minutes to address the board. So that's basically the thing in a nutshell. VICE-CHAIRMAN KELLY: Can I ask just quickly if you happen to have a copy of the original permit that shows signatures that a final building was approved or a certificate of occupancy? MR. MARSHALL: Oh, I don't have that. I don't have that. You know, that's a different issue. I'm talking about first of all my sheds, we've been fined, and there's a lien on our property for unpermitted sheds. They're on our plans and the permit says what's ever on the approved plans can be constructed. So we built our sheds, and they're not unpermitted. Now, you still may think they are. VICE-CHAIRMAN KELLY: Well, if I may explain, what permitting means to us is not just to go down and to apply for a permit or maybe even receive one, it's also to make sure that that permit has been approved all the way through to a final and a certificate of occupancy. At that point then the permit would be completely legal. MS. ASHTON-CICKO: Mr. Kelly? Page 57 September 24, 2009 VICE-CHAIRMAN KELLY: Please. MS. ASHTON-CICKO: We have received testimony from Mr. Marshall that a lien has been placed against his property, so I'd just like you to take note of Section 162.09, subsection three of the Florida Statutes. And I'm going to start in the middle of the paragraph that starts with, a fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered and a suit filed pursuant to this section, whichever occurs first. A lien arising from a fme 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. The local governing body is the Board of County Commissioners. There's another section that does say it accrues in favor of Collier County. MR. KAUFMAN: I have a question of the county. The building permit that was issued in 1986, do I understand that to be canceled or expired, or what? VICE-CHAIRMAN KELLY: If I may, I caution the board to get into the details of the case, unless there was some kind of ruling that allowed us to rehear it. MR. KAUFMAN: Okay, then let me make the motion. I'd like to make a motion to deny the request by the respondent, due to the language in Article 10. VICE-CHAIRMAN KELLY: There is a motion. Is there a second? MR. L'ESPERANCE: Second. VICE-CHAIRMAN KELLY: We have a motion and a second. And we have to call for a vote, but I'd like a little discussion on this. Can we even make a motion on something that mayor may not be within our jurisdiction to hear in the first place? Is it something Page 58 September 24, 2009 that -- do you understand what I'm saying? I mean, if we're not allowed to even receive this motion and determine whether or not, you know, to approve or deny, can we even hear the motion? Or-- MS. ASHTON-CICKO: Well, I think you've already heard the motion. VICE-CHAIRMAN KELLY: But if we decide that the motion is without -- outside of our rules, by denying it __ MS. ASHTON-CICKO: I think you can deny it on the basis that you don't have jurisdiction. MR. L'ESPERANCE: Would you like to amend your-- MS. ASHTON-CICKO: Well, there are two basis, so you already ruled on it and you don't have jurisdiction. You don't have further jurisdiction. MR. KAUFMAN: I'd like to add that to my motion. VICE-CHAIRMAN KELLY: Okay, so moved. And do we amend the second as well? MR. L'ESPERANCE: Second amended. VICE-CHAIRMAN KELLY: Okay, is there any further discussion? (No response.) VICE-CHAIRMAN KELLY: All those in favor? MR. DEAN: Aye. VICE-CHAIRMAN KELLY: Aye. MR. L'ESPERANCE: Aye. MR. KAUFMAN: Aye. MR. LA VINSKI: Aye. VICE-CHAIRMAN KELLY: Any opposed? (No response.) VICE-CHAIRMAN KELLY: Okay. I apologize, Mr. Marshall, but we have denied the motion to reduce the fines, or at least to hear that case. MR. MARSHALL: Which was it? Page 59 September 24, 2009 VICE-CHAIRMAN KELLY: All the above. Thank you. Moving on to new business. The consent agenda was approved at the time we approved the original agenda. Is there any reports, comments? MS. FLAGG: Yes. Good morning. VICE-CHAIRMAN KELLY: Good morning. MS. FLAGG: Diane Flagg, for the record, Director of Code Enforcement. Ijust wanted to brief you on a couple of things that the department is doing. This past Saturday, as part of the Blight Prevention Program for the Code Enforcement Board Department, the five district teams joined up with the sheriffs office and utilities division and filled numerous dumpsters in five locations throughout the county. Collected over 200 discarded tires, appliances, discarded furniture. And they've deemed it a tremendous success, not just by their perspective but from the community members' perspective. What a cleanup does, it allows the community members to bring all those things that they wanted to get rid of to a location, and all those things are dumped at no cost to the community member. So that is one of the components of the Blight Prevention Program are the cleanups. In addition, as we've talked before, there's been over 10,000 foreclosures/lis pendens filed in Collier County. The numbers continue to increase. When we compare the lis pendens filed last month to the lis pendens filed this -- or last year and this year, the numbers are continuing to increase. There's been over a thousand cases, code cases that the code foreclosure teams are working through with the banks, and we're approaching a half a million dollars that the banks have spent to abate the violations that exist in our community. In addition, we've implemented a new program in the Immokalee district. One of the things that the community members expressed was Page 60 ~ D. C. KERCKHOFF COMPANY .TONE CA.T September 15,2009 Mr. Kitchell Snow kitchellsnow@collierQov,net Collier County Code Enforcement Supervisor 2800 Horseshoe Drive North Naples, Florida 34104 Re: D.C. Kerckhoff Company - Case #2007090683 Project # 2008020030 / Application # 14218 Sent via: Hardcopy to Mr, Snow and Email to all. Dear Mr. Snow: Please grant us an extension for the site development plan, We would like you to consider again the SDP submitted by D. C, Kerckhoff Company, I understand from my engineer and landscape architect that the county wishes me to remove my permitted aggregate bins to comply with Collier County regulations. This removal of the aggregate bins will cause D. C, Kerckhoffto redesign our factory. This removal of aggregate bins will cause D. C. KerckhoffCompany severe economic hardship and loss of business in tough economic times, Enforcement of the Collier County plan may cause my business to relocate out of Collier County, Please advise. :7)' /~ I-- / /// lIc>J{ L/ /~Ut{/ Daniel C, Kerckhoff cc: Heidi Ashton Joseph Schmitt Nancy Gundlach Michael Sawyer HeidiAshton@collierQov.net JoeSchmitt(Q>.collierQov. net nancygundlach@colliergov,net michaelsawyer@collierqov.net 1901 Elsa Street. Naples, FL 34109. (239) 597-7218 PLANT CERTIFJED Retn: COLLIIR COUITY CaDI Ilr Il!lROllICI AT!I: JII VALUROI 4281506 OR: 4442 PG: 2236 RJCORDID in the orrICIAL RICORDS of COLLIIR COUlTY, rL 04/09/2009 at 09:09AM DWIGHT I, BROCI, CLIRI RIC PlI 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007090683 vs, D.C, KERCKHOFF CO, Respondent / premises, hereby GRANTS the sai r 162, Florida Statutes, and e Respondents are granted an extension of time for 120 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 shaH be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. o!2e..P ~ DONE AND ORDERED this ~ day of , 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI COUN ,FLO D ~ Of t .,u",U^ :.,.,01 COWER . -r.. ~-.. .. .; ~ :".. 'HEREBY CERllFYllfA'ftMl.,Ia.;_.. 10rrICt CODY at. ..........n}i" ill \ '. _ref Mfnutel anctl ~ of CallIer ~I t ~~SS Ir1Y .. ~I"I"" . ~ aayof " ~ ,~. ~7ea1; /' - *** OR: 4442 PG: 2237 *** STATE OF FLORIDA ) )ss: COUNTY OF COLLIER) ,2 eO ~ The foregoing instrument was acknowledged before me this ~ day of , 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or /' who has produced a Florida Driver's License as identification. .~tJot,~ KAIS1'N: HCl.TON i~" J; '~\ MY COMMISSION . DO 686595 . EXPIRES: J\Il818, 2011 IIondod T1lIII Nolary NIle UndIrwrilers ~JofMJ ~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE ER has been sent by U, S. Mail to s, Florida 34109 this ~ day of J-: Retn: JIB VALDROM COOl IHPORCIKEIf 2800 N BOISBSHOB/DR COBS BLOG I!PLBS FL 3U 04 4219189 OR: 4398 PG: 3842 RECORDID in the OlPICIAL RBCORDS of COLLIER COUKTY. PL 10/06/2008 at 03:35PM DWIGHT J, BROCK. CLBRI RIC PII 35.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA, Petitioner. CEB NO, 2007090683 vs, D.C. KERCKHOFF CO, Respondent THIS CAUSE came on for public hearing testimony under oath, received evidence Findings of Fact, Conclusions of Law n 5, 2008, and the Board, having heard o . te matters, thereupon issues its I. Plan. 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: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, , sections 1O.02,06(B)(\ )(a), I O,02.06(B)(\ )(e)(i), 1O,02.06(A), 1O,02,03(B)(5) and 1.04.0 I be corrected as follows: 2009). I. By submitting for and obtaining an approved Site Development Plan within 180 days (March 20, 2. In the alternative, by ceasing utilizing said property by removing all storage, machinery and sheds, etc, and returning the property to its natural state within 180 days (March 20, 2009). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by March 20, 2009, then there will be a fine of$250 per day for each day until such time as the Site Development Plan is obtained, OR: 4398 PG: 3843 4, That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by March 20, 2009, then there will be a fine of$250 per day for each day until said property is returned to the aforementioned state, 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 the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$9l,07within 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 ~ day of Oc....t.:..-, 2008 at Collier County, Florida, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY L ID The foregoing instrumen was c 2008, by Gerald Lefebvre, Chair the _ personally known to me 0 CERTlFICA TE OF SERVICE __------~~so~ ;"11- "'" rLlWA'---"ER Florid~o. 750311 :ountY of coUJ ........ Attorney for the Code Enforcement Board ~ttWI" ... ~ 400 Fifth Avenue S" Ste. 300 J HEREBY CERTIFY 1'e\\Jnef.!.\.;o,,,'-..m Naples, Florida 34102 :orrect C~DY ot a nf~ &t~~ ~ (239) 263-8206 -308rd M\1\ut8S ~a. 0'. tftcla'-_-.~ .tIlTM.ESS my 11, r ~{) ,', ' &.0'1""1" oay'of :, . 1 .;. , .--- . n' ,', .- 'OF cpuRll 1WIGHT E. BRO~;\.StK, < ..~ ~~'P-~'- I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U, S. Mail to D.C. KO~ttTCO.. Daniel C, KerckhotT, RA, 1901 Elsa Street, Naples, Florida 34109 this ~ day of . ,2008, ~~....-./ '-.- '" BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4398 PG: 3844 Petitioner, Vs, DEPT NO, 2007090683 D.C. KerckhoffCO ,Respondent(s), STlr~LA2o~r~ENT COMES NOW, the undersigned, -'7,; y( 1-'; , 0":: behaW of himseW or D J:, k., ~". Ie-CeI' .;: Ci;,7~; representative for Respondent an0n'ters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007090683 dated the 2Slhday of September, 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 September 25th, 2008; 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. B][I][e](i], 1O.02,03[A], 10.02.03[8][5] and described as, Utilizing property without opment Plan for Unincorporated Collier lCr;,? c; - /' , ~t(: t e ~ cution of this case, .?tt f C2/! . /s "'~3 " , 'a) Submit for and obtain an ed Site Developm 0 within 180 days of the date of this hearing or a fme of $250,00 a ~ ch time as the Site Development Plan is obtained or cease utilizing said all storage, machinery and sheds ecl. and return the property to its natural state ys of the date of this hearing or a fine of $250,00 will be imposed until said property is retuned to the afore mentioned state, THEREFORE, it is agreed betw 1) Pay operational costs in the 2) Abate all violations by: b) ement Investi ator, within 24 hours ,when the violation nspection to c nfi abatement r / --- Respondent Q.f!!g 'ctor Code Enforcem~t Deparlmert I I~~ ~ 'iJ -r-/OC;c., ~ I 2...~ 10 f, L (. Date Representative /) 2': 5 5-<?-f'~ U ate R- REV 711/08 . . . .1 C1!:)1; 1 VI 1 ~ *** OR: 4398 PG: 3845 ***~ ~horlllllli~lO~ c..... w... ~_ i..w Qar'IIiIs Ie ~ I.l.P _J ....... T~ J'f*1tl SaIIe_ It..... FL 3411J.,JN1 3161962 OR: 3261 PG: 2642 ...11 mmm. 8CQIS a! QlWII CDIm. n It'lt/SIt 0.:%111 JfI8! t. lID. CUB all me..... DC fJJ U.51 .-.11 nn." leta; lDtiJ$'l DMJ UtI tiIuII ".. .. IIPW n lUI3 Bit ~ ,\IIaoT n.l.DCr.~ Dari WarrutyDeed nil Watruty Deed ......... dl,;d Afd. _.Iic:iRcn X. 0. ~...... A. v............... .... wIlosc 1'P'i' oIilllCl .....'. JJII1 haM ....... ItId.. JlIapIIs. FL 3(tI1. puIOr, ... IlC.. ICerdcWr ~,.......~ 'whole post~lIdiftsIlr. J'" Elsa A....1Ie. NapIII. n.J4:1,.. PWIIlle: ~.,. *"' llI:ri.M lilt 1CIIiIi ."... - ~ ......... .at lilt ,...,... .. filii ~ ... IlK.... ... I J JII>oo4_"'-'1Il """.......Ihc.-.""".......d', . t 0 WlbleIIdIl. ... 'Sliid ~. for JGDd 1M \'aIaahk c......... .....-ed. ~ aDd ~ .....,... ad aa.,.. C ' C. .. 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",had Ie> do bsclJme extremelY d/fflcu/t',becausethe:en'tire/fJi'tghtofthe nil eon;sist pf.,'burm ,,' "t1nd since we had alot (JIm/if lh. entire aref 'isreslly tJfiet~,but,D8$pfte' all 'of thiltwe.bave' ., ,,',' :',' ',,' ".' 'CQinpleted,about 80% ,oft/JejOb '~Thesh'rubs ba;.ie b,fi8nc./eared dilt ~thespdnkle, s~tem' htJs ,,: ",been installed ~the trees have been plented.. The're.mainder of thejob Is $~mewhat co,'metlc~ ' ..' I -, , : At this time ., would like the code en~ti:ement board ,to PUf this ". .' U'nde;t1 consideration .nd allow'me a"'exten~on' 9' llbouf6D-SO da" hop1n, that the d;y a_son artiVi :tbecaun In order to finish th.job the.,. must be dry~1 hope' what I am'llsklng Is ' , ,,' '" accep bleby'the board.., . ,,' '.' , , , _ " '", ,,' .' ,'. I ,"', .,',"." ,,$ln~flYI"'" ' "" ' , "~. '..,,' ", ' ',~,Ma,.IQ~Uriale, ~. ". .- ..~.., 7' ,.;.;.;-'~ , ,/ -"""J ' . __..' . .........- l,}," I ~.. .... _------. . 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