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CEB Backup 10/22/2009C CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: October 22, 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, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — A. September 23, 2009 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Re -Hearing 1. David E. Horton B. STIPULATIONS CESD20080011966 pi C. HEARINGS CASE NO: CELU20090007827 OWNER: HERIBERTO PEREZ OFFICER: INVESTIGATOR RENALD PAUL VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.02.03 SINGLE FAMILY HOME WAS CONVERTED TO MULTI FAMILY IN AN AREA DESIGNATED FOR SINGLE FAMILY USE FOLIO NO: 36120200000 VIOLATION ADDRESS: 2081 50TI ST SW, NAPLES, FL CASE NO: CESD20090004386 OWNER: KENNETH & BARBARA BLOCKER, SR. OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 INTERIOR WALLS, DOORS AND ELECTRIC WERE INSTALLED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT, ALSO AN UNPERMITTED CHANGE OF OCCUPANCY FOLIO NO: 60183640000 VIOLATION ADDRESS: 109 3' ST. IMMOKALEE, FL CASE NO: CESD20090002945 OWNER: LISA DASHER OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(e)(i). FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1 PERMITS, SECTION 105.1 FOLIO NO: 25577800404 VIOLATION ADDRESS: 3551 CARSON LAKES CIRCLE IMMOKALEE, FL CASE NO: CELU20090010758 OWNER: J. PEACEFUL, LC OFFICER: INVESTIGATOR RON MARTINDALE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 2.02.03. PROHIBITED USE. TRUCK RENTAL BUSINESS PROHIBITED IN C-3 ZONED LOCATION FOLIO NO.: 68391446166 VIOLATION ADDRESS: 77330 PRESERVE LANE NAPLES, FL 5. 7 8. CASE NO: CESD20090012961 OWNER: J. PEACEFUL, LC. OFFICER: INVESTIGATOR RON MARTINDALE VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.06(B)(1)(e) ALTERATIONS TO STRUCTURE WITHOUT OBTAINING REQUIRED PERMIT(S), SUBSEQUENT INSPECTION(S) OR ISSUANCE OF CERTIFICATE OF OCCUPANCY/COMPLETION FOLIO: 68391446166 VIOLATION ADDRESS: 7770 PRESERVE LANE NAPLES, FL CASE NO: CENA20090005263 OWNER: PAULINO & ADRIANA VEGA OFFICER: INVESTIGATOR MARIA RODRIGUEZ VIOLATIONS: COLLIER COUNTY CODE OF LAWS, CHAPTER 54, ARTICLE VI, SECTION 54-179. ABANDONED PROPERTY (SINGLE WIDE MOBILE HOME) PARTIALLY DISMANTLED WHICH HAS BEEN LEFT UNATTENDED AND PROTECTED FROM THE ELEMENTS. FOLIO: 00070440001 VIOLATION ADDRESS: 3200 WESTCLOX ST. IMMOKALEE, FL CASE NO: CESD20090009150 OWNER: EJ PROPERTIES LLC., EDGERRIN JAMES TITLE MGRM OFFICER: INVESTIGATOR ED MORAD VIOLATIONS: COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 10.02.006(B)(1)(a). FAILURE TO OBTAIN BUILDING AND LAND ALTERATION PERMITS, INSPECTIONS AND CERTIFICATE OF OCCUPANCY AS REQUIRED. FOLIO: 125520009 VIOLATION ADDRESS: 407 3RD ST. IMMOKALEE, FL CASE NO: CESD20090004481 OWNER: JOHN E. CRIMMEL JR. OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: 0441, AS AMENDED, SECTION 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e), COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDINGS & BUILDING REGULATIONS, ARTICLE 11, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(104.1.3.5) FOLIO: 24831560009 VIOLATION ADDRESS: 1390 DELMAR LANE NAPLES, FL 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: 2005010592 OWNER: DOMENIC P. TOSTO A/K/A DOMENIC TOSTO, TRUSTEE AND JOANNE M. TOSTO TRUSTEE OF THE FAMILY LIVING TRUST OFFICER: INVESTIGATOR JIM SEABASTY VIOLATIONS: COLLIER COUNTY ORDINANCE 04-58, THE PROPERTY MAINTENANCE CODE, SECTION 6, PAR. 12, SEC. 11, 12,15 & 16 & COLLIER COUNTY ORDINANCE 2005-44, THE LITTER AND WEEDS ORDINANCE, SECTIONS 7 & 8. NO PROGRESS AND A CONTINUATION OF NEGLECTED MAINTENANCE AND UNSAFE CONDITIONS RELATIVE TO A STORM DAMAGED TWO STORY CONCRETE AND WOOD FRAME SEVEN DOME SHAPED RESIDENTIAL STRUCTURE. FOLIO NO: 01199120007 2. CASE NO: CESD20080001776 OWNER: THEODORE W. & KAREN L. WASSERMAN OFFICER: INVESTIGATOR AZURE SORRELS VIOLATIONS: COLLIER COUNTY ORDINANCE 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)1)(e). ELECTRICAL BOATLIFT ADDED TO THE WEST SEAWALL/PROPERTY WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO: 52450200000 VIOLATION ADDRESS: 410 CRISTOBAL ST NAPLES, FL CASE NO: CESD20080003864 OWNER: JOSE RODRIGUEZ OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY ORDINANCE 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTIONS 10.02.06.B. La, 10.02.06.B. Le & 10.02.06.B. Le.i. BEDROOM AND BATHROOM ADDITION BUILT ON SIDE OF STRUCTURE WITHOUT FIRST OBTAINING PROPER PERMITS. FOLIO: 63857400007 VIOLATION ADDRESS: 607 GLADES ST. IMMOKALEE, FL 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens CASE NO: 2005010592 OWNER: DOMENIC P. TOSTO A/K/A DOMENIC TOSTO, TRUSTEE AND JOANNE M. TOSTO TRUSTEE OF THE FAMILY LIVING TRUST OFFICER: INVESTIGATOR JIM SEABASTY VIOLATIONS: COLLIER COUNTY ORDINANCE 04-58, THE PROPERTY MAINTENANCE CODE, SECTION 6, PAR. 12, SEC. 11, 12,15 & 16 & COLLIER COUNTY ORDINANCE 2005-44, THE LITTER AND WEEDS ORDINANCE, SECTIONS 7 & 8. NO PROGRESS AND A CONTINUATION OF NEGLECTED MAINTENANCE AND UNSAFE CONDITIONS RELATIVE TO A STORM DAMAGED TWO STORY CONCRETE AND WOOD FRAME SEVEN DOME SHAPED RESIDENTIAL STRUCTURE. FOLIO NO: 01199120007 CASE NO: CESD20080001776 OWNER: THEODORE W. & KAREN L. WASSERMAN OFFICER: INVESTIGATOR AZURE SORRELS VIOLATIONS: COLLIER COUNTY ORDINANCE 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)I)(e). ELECTRICAL BOATLIFT ADDED TO THE WEST SEAWALL/PROPERTY WITHOUT FIRST OBTAINING REQUIRED COLLIER COUNTY BUILDING PERMITS. FOLIO: 52450200000 VIOLATION ADDRESS: 410 CRISTOBAL ST NAPLES, FL CASE NO: CESD20080003864 OWNER: JOSE RODRIGUEZ OFFICER: INVESTIGATOR WELDON WALKER VIOLATIONS: COLLIER COUNTY ORDINANCE 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTIONS 10.02.06.B. La, 10.02.06.B. Le & 10.02.06.B. Le.i. BEDROOM AND BATHROOM ADDITION BUILT ON SIDE OF STRUCTURE WITHOUT FIRST OBTAINING PROPER PERMITS. FOLIO: 63857400007 VIOLATION ADDRESS: 607 GLADES ST. IMMOKALEE, FL 4. CASE NO. CESD20090003484 OWNER: FEDERAL NATIONAL MORTGAGE ASSOCIATION OFFICER: INVESTIGATOR THOMAS KEEGAN VIOLATIONS: COLLIER COUNTY CODE OF LAWS AND ORDINANCES, CHAPTER 22, BUILDINGS & BUILDING REGULATIONS, ARTICLE II, SECTION 22-26(b)(104.1.3.5), COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS 10.02.06(B)(1)(a) AND 10.02.06(B)(1)(e) & FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER 1, SECTION 111.1. GARAGE CONVERTED INTO LIVING SPACE, BATHROOM AND KITCHEN, INTERIOR WALLS ERECTED AND PLUMBING AND ELECTRICAL WORK COMPLETED WITHOUT FIRST OBTAINING COLLIER COUNTY APPROVAL, NECESSARY PERMITS, INSPECTION'S AND CERTIFICATE OF COMPLETION. FOLIO: 48780640001 VIOLATION ADDRESS: 3141 PINE TREE DR. NAPLES, FL 5. Motion for Reduction of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office 8. REPORTS 9. 10. NEXT MEETING DATE - November 19, 2009 (location at Community Development and Environmental Services 2800 North Horseshoe Drive Naples, FL 34104) 11. ADJOURN FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE .4 fcS 60 :wb^it. MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON Q U WHICH I SERVE IS A UNIT �OOR ❑ CITY p'GOUNTY ❑ OTHER LOCAL AGENCY CITY COUN NAME OF PO ITICAL SUBDIVISION: r6 DATE ON WHICH VO E OCC RRED tm—y—P15�S1 TION IS: !p : 0 ❑ ELECTIVE APPOINTIVE1 WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or blected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he ,or she is retained); to the special private gain or loss of a relative; or to the: special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate' means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, 0 i✓�+ D L�►'LSr� hereby disclose that on , 20 0 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, jmured to the special gain or loss of my relative, /inured to the special gain or loss of �i4 ✓//��• T b by whom I am retaine , or �� a S gtAJ'�" �Sit� r4j%rTra• APeA44&. 7W-L Circa✓r- COVAT inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: �� pis e.✓�'• �/),f//� KTa.J "At LA-0 cam' ✓'�'j► . /v z z Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080011966 COLLIER COUNTY, FLORIDA, Plaintiff, vs DAVID E HORTON, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2128 55th ST SW Naples, FL SERVED: DAVID E HORTON, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-MO; 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 Is audiencia y usted sera responsible de proveer so propio traductor, para un mejor entendimiento con Ins comunicaciones de este evento. Por favor traiga su propio traductor. Av66sman — Tout odisyon yo f4t an angI6. Nou pan gin moun you fB tradiksyon. Si ou pa pal9 angI6 tanpri vini av9k you intApriNt you pal§ you-ou. Hearing Reschedule Page 1 of 1 From: Dave Horton <davehorton@aol.com> To: jenwaldron@colliergov.net Subject: Hearing Reschedule Date: Wed, Sep 9, 2009 10:24 am I sent this email last week... I missed my hearing last week due to sudden illness. I would like to reschedule. My case number is CESD20080011966. Thanks, Dave Horton Dave Horton Advertising 2128 55th St SW Naples, FL 34116 239.353.3135 239.687.9499 www.davehortonads.com httD://webmail.aol.com/28198/aol/en-us/Mail/PrintA4essaQe.asDx 9/21 /2009 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. DAVID E. HORTON, Respondent. CEB NO. CESD20080011966 INSTR 4341278 OR 4491 PG 1587 RECORDED 9/14/2009 3:18 PM PAGES, 3 DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 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 August 27, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That David E. Horton is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 2128 55`h St. SW, Naples, FL, Folio #36379480008, more particularly described as Lot 5, Block 214, Golden Gate Unit 6, Part 1, according to the plat thereof, as recorded in Plat Book 9, Pages 1-7 of the Public Records of Collier County, Florida, is in violation of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Addition to the rear of the home without first obtaining a Collier County permit. 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. 2007-44, it is hereby ORDERED: That the violations of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $87.00 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain all permits required by Collier County for the addition to the residence, or apply for and obtain a demolition permit to remove the addition to the residence, as well as obtain any and all inspections and certificate of completion within 90 days of this hearing, or a fine of $100.00 per day will be imposed for each day the violation remains. 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 Sheriff's 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 September, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIERS COUNTY, FIARID/Z., � BY: , Gerald J. Lefe e, airy 2800 North orseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of September, 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. " 1,WANDA RODRIGUEZ a Commission DD 631743Bores /��%/�/l,A R' 8=10Th.T yFW.�,2r+iB°e2oaW&701e NOTARY PUBLIC' My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy oQhis ORDER has been sent by U. S. Mail to David E. Horton, 2128 55"' St. SW, Naples, FL 34116 this `t ' day of September, 2009. ,A A- ou HEIDI ASHT N-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD 01 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs David E Horton, Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.CESD20080011966 BEFORE ME, the undersigned authority, personally appeared Renald Paul , Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on August 27 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 Book4g9 IPG 15%-+, et. seq. 2. That the respondent didn't contact the investigator. 3. That a re -inspection was performed on 9-30-09. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by Owner had obtained a permit got inspections and certificate of completion. FURTHER AFFIANT SAYETH NOT. Dated 30th, September, 2009. STATE OF FLORIDA COUNTY OF COLLIER COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Renald Paul Code Enforcement Official Sworn to (or affirmed) and subscribed before me this 30th, September, 2009 by Renald Paul. (S' a re of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 NOTARY PUBLIC -STATE OF FLORIDA Jennifer E. Waldron Commission # DD823767 '.,`.••` Expires: SEE 17, 2012 BONDED TIMU ATLANTIC BONDING COS, INC, Rev 1 /9/2008 8-27-09 Dave Horton 2128 55th St SW Naples, FL 34116 Chronology of Code issues Case: CESD20080011966 9-8-2008 - Informed garage conversion and lanai were constructed without permits. In addition, roof work and fence were not CO'ed. 10-08 - 1-09-09 - Studied microfilm and discovered home was built in 1991 by Benson Homes. The garage was converted to living area because it served as model home for builder. In 1992 the home was sold to Dorthy James. I bought the home on 8-1-1995. Between 1992 and 1995, Dorthy James erected the lanai without permits. Documents at my closing contained no reference to permit issues with either the garage nor lanai. I then attempted to learn how much impact fees would be to correct problems, with little success. I received ballpark estimates between $5,000 - $15,000 from county officials and local builders. I decided to stop payment on the home, as I did not have the resources to pay this amount. In December I contacted Commissioner Fiala, who arranged a meeting with Diane Flagg from Code Enforcement, Alomar Finnegan from Permitting, Paul Renald, my case officer and myself. During the meeting on January 9th, Mr. Renald was informed by Diane Flagg that model homes that were built before a specific date that included converted garages were grandfathered in. My non-compliance in regards to the garage was discovered at the meeting to be a non -issue. However, I was told I still needed to obtain a permit for the lanai. The standards I needed to comply to could be the standards when the lanai was erected. (early 1990's) 1-09-09 - Decided to comply and possibly keep the house. I immediately paid for fence permit and had it CO'ed. An investigation found the permit for the roof was not CO'ed because the roofer's permit check bounced. Paid penalty and new permit fees for roof on 2-18. The roof was CO'ed shortly after. 1-09 - 5-09 Attempted without success to discover exact details of the building code for lanais in early 1990's. Mr. Renald said the burden was on my architect to discover those laws. All architect I contacted could not do so with certainty. 5-09 Met with Mark Hess in Structural Planning and he informed me that the lanai needs to be in accordance with SBCCI 1191 for 110 MPH. 5-09-7-20-09 Processed many drawing revisions. Eventually completed a compliant set and had them signed. 6-15-09 Work was completed on the lanai. All vertical beams were doubled in width and bolted to the foundation. 7-20-09 Paid for permit for lanai work and submitted 3 sets of signed plans to county officials. 7-20-09 Called Paul Renald to inform him that the plans were in county possession. He was not in and I left a message. 7-27-09 Received Notice of Hearing 7-29-09 Plans were rejected by Steve Fontaine because work did not meet present day code. 8-8-09 Met with Steve Fontaine. I was told he did not know of the arrangement that the lanai needs to meet 1991 code, not present day code. He instructed me to resubmit my plans including a note that indicating such. 8-27-09 Teresa Potter from Processing Dept said plans were ready to be pick up for CO inspection. Plans were approved by Steve Fontaine in planning on August 17 and Impact Fees approved the plans on August 19. r ■WWI GEM woo Rr m so with an insubstantial change to your SDP to show the changes that were made to the building to accommodate the Splash-2-Sizzle business. All the work was completed without the required permits and must now be properly permitted in order to abate the code violation. 3. U-Haul Rentals. As noted, you property is zoned C-3 and truck rentals are allowed only in C-4 zoning. I understand that the business has been operating there for several years but I do not have the authority to allow the business to continue as the complaint that was filed with Code Enforcement that the zoning does not allow is valid. You have 3 options - rezone the property, locate the trucks elsewhere - possibly on nearby property that allows for the temporary storage of the trucks, or petition the Board to allow for the business to continue to remain on site while you evaluate alternatives. Joe Joseph K. Schmitt Administrator Community Development and Environmental Services Division office -- (239) 252-2385/2390 cell -- 595-9751 "Balancing the demands of growth and the demands of the community" 2 Commercial Intermediate District (C-3). The purpose and intent of the commercial intermediate district (C-3) is to provide for a wider variety of goods and services intended for areas expected to receive a higher degree of automobile traffic. The type and variety of goods and services are those that provide an opportunity for comparison shopping, have a trade area consisting of several neighborhoods, and are preferably located at the intersection of two -arterial level streets. Most activity centers meet this standard. This district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts typically aggregated in planned shopping centers. This district is not intended to permit wholesaling type of uses, or land uses that have associated with them the need for outdoor storage of equipment and merchandise. A mixed -use project containing a residential component is permitted in this district subject to the criteria established herein. The C-3 district is permitted in accordance with the locational criteria for commercial and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible in the C-3 district and the urban mixed use land use designation shall be guided, in part, by the density rating system contained in the future land use element of the Collier County GMP. The maximum density permissible or permitted in the C-3 district shall not exceed the density permissible under the density rating system. D. General Commercial District (C-4). The general commercial district (C-4) is intended to provide for those types of land uses that attract large segments of the population at the same time by virtue of scale, coupled with the type of activity. The purpose and intent of the C-4 district is to provide the opportunity for the most diverse types of commercial activities delivering goods and services, including entertainment and recreational attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside storage of merchandise and equipment is prohibited, except to the extent that it is associated with the commercial activity conducted on -site such as, but not limited to, automobile sales, marine vessels, and the renting and leasing of equipment. Activity centers are suitable locations for the uses permitted by the C-4 district because most activity centers are located at the intersection of arterial roads. Therefore the uses in the C-4 district can most be sustained by the transportation network of major roads. The C-4 district is permitted in accordance with the locational criteria for uses and the goals, objectives, and policies as identified in the future land use element of the Collier County GMP. The maximum density permissible or permitted in a district shall not exceed the density permissible under the density rating system. 81P3 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. DAVID E. HORTON, Respondent. CEB NO. CESD20080011966 ORDER ON MOTION FOR REHEARING THIS MATTER having come before the Collier County Code Enforcement Board at public hearing on October 22, 2009 on the Respondent's Motion for a Rehearing, and the Board having heard the matter, and being duly advised in the premises, hereby GRANTS the said Motion for Rehearing. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 2007-44, it is hereby ORDERED: That the Respondent's Motion for Rehearing is GRANTED. 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 October, 2009 at Collier County, Florida. �n�►d OOtiJlR .. 1 HEREP CERTIFY THAT d0v b • f0m ODE ENFORCEMENT BOARD rect coot' or a '7rumwop, file In COLLIER COUNTY FLORIDA - :or Board Mirrutes a��, R. ros of CoNly Cos* N fs my n , Q a'a 1 BY: gey'pl erald . Lefeb # e, Chair 2800 North H rseshoe Dri�e JWIGHT E. BROGA, CLERK OF,, COURT- Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this J``::f day of October, 2009 by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is X personally known to me or who has produced a Florida Driver's License as identification. iMr WANDA RODRIGUEZ XCommission DD 631743 'wz Expires January 21, 2011 �i;Rrn�Q' Bw&dThmTmyFain Inwm aWOm',n-m-; NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to: David E. Horton, 2128 551" St. SW, Naples, FL 34116 on this ')NO -day of October, 2009. HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20090000849 vs. RAFAEL SANTOS and ZONIA BARGINER, INSTR 4329247 OR 4481 PG 718 RECORDED 8/11/2009 9:50 AM PAGES 3 Respondents. DWIGHT E. BROCK COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 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 July 23, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Rafael Santos and Zonia Barginer are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing, and entered into a Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 3705 Thomasson Dr., Naples, FL, Folio #22622600002, more particularly described as the East 100 Feet of Lot 1, Block 3, Unit 1, Avalon Estates, according to the plat thereof, as recorded in Plat Book 3, Page(s) 62 of the Public Records of Collier County, Florida, less and except the north 7 feet, is in violation of Section 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b)(104.5.1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code) in the following particulars: Recurring violation of letting permit expire for addition made to the structure on the property. 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 10.02.06(B)(1)(a) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 22-26(b) (104.5.1.4.4) of the Collier County Code of Laws and Ordinances (Florida Building Code), be corrected in the following manner: I . The Respondents shall pay operational costs in the amount of $85.86 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondents must request or cause inspections through to certificate of occupancy for permit 2009021403 within 120 days or obtain demolition permit; inspections; and certificate of completion for removal of all improvements made within 120 days or a fine of $250 a day will be imposed until the violation is abated. 3. The Respondents 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 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 < `� day of July, 2009, at Collier County, Florida. CODE ENFORCEMENT BOARD COLL R COUNTY, FLORIDA BY: erald J. Lefebvre; Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this �, day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known tome or y who has produced a Florida Driver's License as identification. WANDA RODRIGUEZ *. +� Commission DD 631743 Xy Expires January 21, 2011 !lj ;ty d Bon&dTlvuTmyFain lnauraneaM3W7019 NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has beep.sent by U. S. Mail to Rafael Santos and Zonia Barginer, 3705 Thomasson Dr., Naples, FL 34112 this - 30 " Tay of July, 2009. ,ounty of COLLIER I HEREBY CERTIFY THAT this Is a true 8n0 .orrect copy ot''a'racunAent on file in Board-Mihuias,!.�c i' *`!e..t--ris of Collier Cow* N,flwsS my hag"', o' ft l___ 00 of �IJCJ`I JWIGHT E. BROGK, CLERK & COURM Mt IDI A HTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Rafael Santos and Zonia Barginer Respondent(s), Case No. CESD20090000849 QNIAGREEMENT „ iiJ 4--,,Or rSTIPULATI �S �. .� COMES NOW, the undersigned, K-p+Q ter 0' c�r(� =� Kcir '.r r g ,on behalf of himself ef- -Respafidet and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090000849 dated the 22nd day of January, 2009. In consideration of the disposition and reso ution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for'7.-Z? c�ilo 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 violations are of Collier County Code of Laws, Chapter 22, Article Il, Section 22-26(b)(104.5.1.4.4) and described as recurring violation of letting 'permit expire for addition made to the structure on the property. THEREFORE, it is agreed between the parties that the Respondent shall; ) Pay operational c-ost ._i_r, the a ��",�f} mol!nt of ., inri. rrecl in the prosecution of -.this e: se v ith.in 0 days of this hearing. 2) Abate all violations by: Must request or cause inspections through to certificate of occupancy for permit 2 days or obtain demolition p Y P rt 20090_ 1403 within' plays ; inspections; and certificate of completion for removal of all improvements made wit] or a fine of�l$250 a day until 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 th ' pproperty owner. Respondent or Representative (sign)'- Di g , Di ctor 'ram Code Enforcement Department Respondent r Representative (print) 12�, Ili Date . -Q-A Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Heriberto Perez, Respondent DEPT No. CELU20090007827 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-6 Copy of Applicable Ordinance 7-8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20090007827 COLLIER COUNTY, FLORIDA, Plaintiff, vs HERIBERTO PEREZ, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 2081 50th ST SW Naples, FL SERVED: PEREZ, HERIBERTO, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY 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 NOTIRCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no reran disponibles en la audiencia y usted sera responsible de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Av&tisman — Tout odisyon yo fat an angl8. Nou pan gin moun you f6 tradiksyon. Si ou pa paI6 angl6 tanpri vini av6k you int6pr6t you pal6 pouou. F-A COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20090007827 Heriberto Perez, 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 2.02.03 2. Description of Violation: Single family home was converted to multi family in an area designated for single family use. 3. Location/address where violation exists: 2081 50`h ST SW NAPLES,FL 34116 (Folio 36120200000) 4. Name and address of owner/person in charge of violation location- Heriberto Perez 2081 50'h St SW Naples, F134116 5. Date violation first observed: May 11, 2009 6. Date owner/person in charge given Notice of Violation: June 17, 2009 7. Date on/by which violation to be corrected: July 17, 2009 8. Date of re -inspection: September 16, 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 16t' day of September, 2009 Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swornor a e this 16thday of September, 2009 by Renald Paul (S natu of Notary(Print/Type/Stamp Commissioned Personally known _x or produced identification N `.. N*V §F FLORIDA Type of identification produced Delicia Pulse 1--Commission #DD629723 Expires: JAN. 16, 2011 BONDED THRU ATLANTIC BONDING CO., INC. REV 3-3-05 Case Number: CELU20090007827 Date: May 11, 2009 Investigator: Paul Renald Phone: 252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PEREZ, HERIBERTO 2081 50TH ST SW NAPLES, FL 341165763 Location: 2081 50th ST SW Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: GOLDEN GATE UNIT 4 BLK 132 LOT 1 Folio: 36120200000 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 Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: SINGLE FAMILY HOME WAS CONVERTED TO MULTI FAMILY UNIT IN SINGLE FAMILY ZONED AREA WITH NO PERMITS. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection Must cease all MUTI FAMILY use at any and all property other than property zoned for MULTI FAMILY use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND / OR Remove ANY from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 07/17/2009 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: RENALD PAUL vestigator Signature Paul Renald INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient MAY 11, 2009 Date Respondengs): PEREZ, HERIBERTO THE DESCRIPTION OF 1 (Check the applicable docurr XNotice of Violation Notice of Hearing Notice of Hearing/Impos Citation Notice to Appear Code Enforcement Boa Other: AFFIDAVIT OF POSTING Code Case Number: CELU20090007827 HE DOCUMENTS) POSTED: of Fines Evidence Packet I Paul Ronald, Code Enfo cement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2081 50th ST SW Naples. FL , on 6-17-09 (Date), at 12:45PM_ (Time), and at the XCollier County Court7houseImm Courth use. jggTaTre- of Code Enforcement Official) PAv4Renald ... .,... STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and this _17TH day of JUNE_, Paul Ronald (Name of per XPersonally known Type of identification ibscribed before me Q9 by RENALD PAUL n making statement) ; T; (Signature alrNotary Public) (Print, type or stamp Commissioned Name of Notary Public) VOTARY PUBLIC - STATE OFFWMA �••''""" Delicla Pulse Commission # DD629723 . ,_ f ..,:iEL illh� ::..aiTICBONUINGCO,IIPC. 5 AFFIDAVIT OF MAILING HERIBERTO PEREZ ]Respondent(s): 2081 50TH STREET SW NAPLES, FL 34116-6763 CELU20090007827 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Notice of Violation otice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I, Code Case CEB # Delicia Pulse , hereby swear and affirm that a true and correct copy of the (Code Enforcement Official) notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at See Above Stated Address (Address) On this / day of 73 L; c1c— 20 09 Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 1 day of 200�, by L.L.14. � r-S-r ':IN ("e oferson making statement) ?-ic�Cz� (Signature of Notary P lic) Personally Known Produced Identification Type of Identification Produced (Print, type or stamp Commissioned name of Notary Public) i 310TARY FOUC..3TATE OF 1rWMA Indira Rajah Commission # DD727241 �4MW &Pirs: DEC. 07, 2011 �a�ncw�wc co.,A+� Affidavit of Mailing Original to File Rev 6/03 ORDINANCE NO. 04-41 3f3D OF COUNTY COMMISSIONERS OF COLLIER COUNTY, %COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN - REGULATIONS FOR FOR THE UNINCORPORATED AREA OF BYSUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; ON ONE, RECITALS; SECTION TWO, FINDINGS OF FACT, SECTION a,QN OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY SWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1:01..00 AUTHORITY, SEC,. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.0-6.00 RULES OF $EC.1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; INGDISTRICTS AND USES, INCLUDING SEC., 2.01.00 GENERALLY, SEC. .,ENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. LE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. ANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. <' SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE CLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAW PROTEC- 00. COASTAL. ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- TENED, OR.LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- �SERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; SIT4E DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 C. .02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND t04.00 TRANSPORTATION* SYSTEM STANDARDS,. SEC. 4.05.00 OFF-STREET LOADING, SEC. 4,06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. ..ANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, -5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 1ESAND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES; UPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS; ,NIENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- MENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING ERALLY, SEC. 6.02.00ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. EATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE SI AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT )RAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION 4RDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION -MAKING AND '-BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF -SIONERS, SEC. ,8.03.0D PLANNING COMMISSION, SEC. 8.04.00 BOARD OF 7:- SEC. 8.05:00BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. ENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL ARD, SEC. 8.08.00 CODE ENFORCEMENT BOA RD; SEC. AND 8:09.00 COMMU- ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS IFtEMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- D "RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.0.4.00 VARIANCES; _CATION, REVIEW, AND DECISION -MAKING PROCEDURES; INCLUDING Y; SEC 10.02 APPLICATION REQUIREMENTS, SEC. 10.03.00 17 COLLIER COUNTY LAND DEVELOPMENT CODE .0 D. Where the phrases "industrial districts," "zoned industrially," "industrially zoned," "industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. J07 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LDC, then it shall be permitted as a conditional use under this LDC. B. If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under F this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LDC, the following zoning districts, district purposes, and applicable symbols are hereby established: 2.03.01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area. The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. B. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi -rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi -rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in. limited instances, it may occur outside of the estates land use LDC2:10 Prepared by and Return to: .*** 3839988 OR: 4038 PG: 0986 Odalys RECORDED in OFFICIAL RECORDS of COLLIER CODRi1, IL CITIZENS Gonzalez 05/16/2006 at 02:19PN DNIGHi E, BROCE, CLERK CITIZENS TITLE SERVICES, INC. CONE 388000.00 11410 N. Kendall Drive, Suite 104 RIC 111 I0.00 Miami, Florida 33176 DOC-.70 2716.00 SS# - GRANTEE 1: Retn: CIlIMS IIiLE SERVICES 11410 R EERDALL DR ►104 NIANI IL 33176 WARRANTY DEED File No.: 36072-OGD THIS INDENTURE, made this 5th day of April , A.D. 2006 between LAURA SILVERIO and FRANCISCO ACOSTA, Wife and Husband as Grantor*, whose address is: 2081 50 ST SW, NAPLES, FLORIDA 34116 and HERIBERTO PEREZ, a single man as Grantee*, whose address is: 2081 50 SW, NAPLES, FLORIDA 34116 WITNESSETH: That the Grantors, for and in consideration of the sum of TEN AND N01100 DOLLARS ($10.00) and other valuable considerations to said grantors in hand paid by said grantees, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the grantee and grantee's heirs forever the following described land located in the County of Collier, State of Florida, to -wit: LOT 1, BLOCK 132, GOLDEN FILE AND RECORDED IN THE COUNTY, FLORIDA, IN PLAT Property Tax ID Number: 36 2 SUBJECT TO easements, rest i taxes for 2006 and subse Said grantor does hereby f the same against the lawful *Singular and plural are int W'OF THE CLE 5, PAGES 107 00 warrant the titt �'ms of all persbW IN WITNESS WHEREOF, Grantor has he3ei and year first above written. Witnesses -2 (WITNESS 1) SIGN AND PRINT NA19E A> (WITNESS 2) SIGN AND PRINT NAME I_-- dd State of FLORIDA County of COLLIER THE MAP OR PLAT THEREOF, ON CIRCUIT COURT OF COLLIER if any, and , and will defend ar�s jjcon t4� uires. !set C ntor's� hand and - al the day FR The foregoing instrument was acknowledged before me on this 5th day of April, 2006 by LAURA SILVERIO and FRANCISCO ACOSTA, Wife and Husband, who is known to me or who has produced _ �i L as identification and did take an oath. My Commission Expires: N Y PUB C (SEAL) PRINT OR TYPE NAME: r-02- liams -4, DD531283 21.2010 Tq fdn •�ry,aee. A. 00"W7011 AMS-ND-PLAIN Rev. 10/27/94 6 �1 "; � �� .� fy -Y 4 t� I c T: x� - _ y .i ., �'Y3 r 5 4� P a _ �� .- � w� �!. i -'a , .. '� _ k t �, �\\ � � �: a1�.- ,3 e, �� 3 J ��Z {� i9 //�- Ir. fi,� <;7 Sd,/Ys�� ca` 44. 'r7D IS- (0�1 q/bfr COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20090007827 Board of County Commissioners, Collier County, Florida Vs. Heriberto Perez 2081 50t' ST SW Naples, FL 34116 Violation of Ordinance/Section(s) Collier County Lande Development Code 04-41, as amended, Section 2.02.03 Renald Paul, Code Enforcement Official Department Case No. CELU20090007827 DESCRIPTION OF VIOLATION: Single family home was converted to multi family in an area designated for single family use. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Respondent must obtain a Collier County Demolition Permit and return the residence back to the original permitted state and obtain inspections and certificate of completion within X days of this hearing or pay a fine of $X a day for each day the violation remains. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Heriberto Perez Inv. Renald Paul Department Case No. CELU20090007827 INVESTIGATIONS Hours Per Hour Total Black & White Color Three -Hole Punch Mail County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Adds Pages) Pages Copies Per Page Total 9 117 0.022 $2.57 0 0 $0.75 $0.00 $3.00 $13.14 $13.14 $18.71 Hours Per Hour Total 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0.5 $65.00 $32.50 0 $0.00 $0.00 Pages Per Page 1 $10.00 $10.00 3 $8.50 $25.50 I IMPOSITION OF FINES HEARING Black & White Color Three -Hole Punch Mail Document Recording (First Page) Document Recording (Adds Pages) $68.00 0 0 $0.15 $0.00 0 0 $0.75 $0.00 14 182 $0.25 $45.50 $0.00 $0.00 $0.00 Pages Per Page 1 $10.00 $10.00 3 $8.50 $25.50 $0.00 Total Operational Costs $86.71 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Kenneth & Barbara Blocker Sr., Respondent DEPT No. CESD20090004386 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090004386 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BLOCKER SR, KENNETH & BARBARA, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION: 109 3rd ST Immokalee, FL SERVED: BLOCKER SR, KENNETH & BARBARA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800, ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION. Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer so propio traductor, pars, un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AvAtisman — Tout odisyon yo f8t an angI6. Nou pan gin moun you f6 tradiksyon. Si ou pa pall angl8 tanpri vini av8k you int6pr2t you palds you-ou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Blocker Sr., Kenneth & Barbara, Respondent(s) DEPT CASE NO. CESD20090004386 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 Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 2. Description of Violation: Interior walls, Doors and electric were installed without first obtaining a Collier County Building Permits also an un permitted change of occupancy. 3. Location/address where violation exists: 109 3rd St Immokalee, Fl 34142 Folio # 60183640000. 4. Name and address of owner/person in charge of violation location Kenneth (Sr) & Barbara Blocker 110 12`s St. Immokalee, Fl 34142. 5. Date violation first observed: April 17, 2009. 6. Date owner/person in charge given Notice of Violation: April 20, 2009. 7. Date on/by which violation to be corrected: Mary 17, 2009. 8. Date of re -inspection: July 21, 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. REV 3-3-05 Dated this 0�" day of-VR.P , 2009 Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed)) and subscribed before thisAy o6f, , 2009 by (Si re of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PITBit0.9TATE OF FLORIDA Jennifer E. Waldron "i Commission #DD823767 "",, ° JPires: SEP.17, 2012 BONDED THRU ATLANTIC BONDING CO., INC. "W& Case Number: CESD2009000438G Date: April 17, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BLOCKER SR, KENNETH & BARBARA 110 12TH ST IMMOKALEE, FL 34142 Location: 109 3rd ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: MILLERS PARK BLK 8 LOTS 5,6 + 7 Folio: 60183640000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 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.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Interior walls, doors and electric were installed without first obtaining a Collier County Building Permits also an unpermitted change of occupancy, building is being used as a church. ORDER TO-CORRECT-VIOLA-T—IONS) - - - - - You are directed by this Notice to take the following corrective action(s): Must apply for and obtain all permits required for described structure/improvements. Must request all required inspections and certificate of occupancy. AND / OR Must obtain a demolition permit to remove said structure/improvements, obtain all required inspection, and certificate of completion and restore to a permitted state. Also obtain zoning permission for the change of the use to be allowed as a church occupancy. ON OR BEFORE: 05/17/2009 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 Maria Rodriguez INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252- 440 FAX: 9 252-2343 IL._ ignature and Title of R lent yc7j 7%L- Printed Name of Recipient _q-Z,O-C)g - Date y Chapter 1, Section 105 SECTION 105 PERMITS Chapter 1, Section 105, (1) ',105.1 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. �5 Book 2249 - Page 1932 Page 1 of 1 FOR OFFICIAL UN OILY: PXOM i 60103640D00 This in1 prepared and recorded by: 9" 7i9 ELVD. , SIi2I I I", tat• ht IMM t K MM Gut, R LIM= ACM, FL 33936 HAM at M:= t L M, = REC $ M-db M MA WIN Isis RI!IT S + e.o� _ I e-A WAS OWN IW S M R Ott 2OUL $ � ttRIII■I c PM= I OF 2 M-34039--lit Made the l day of #.D. 1996 1L040 CC � = HO ,�® it n title through instrument an recorded in O. R. Boob 788, Page-4E2-in the -public records of COLLIER County, Florida. hereinafter called the grantor, to REIIQTt aGOCaR, 0R. XR0 JNUIMAM SCUM, �D XRa VIER whose post office address is: 1103311 UM Haim S'�! nrea Ieri £414W,aatea, (wherever used herein the texas •grantor* and 'grantee- Lucia" all the parties to this instrument add the beirs, legal x+�ps�seatatI— and assigns of individuals, and the successors dad assigns of _=paratioss) 1R MI That the grantor, for and in consideration of the sus of $20.00 and other valuable consideration, receipt whereof is hereby, all that certain acknowledged, in COLLM convoys and sty,untthe Florida,grAwiz% County, da, viz: LOTS b, 6, AM 7, ELOCE 8, MMLER•S PAR[ SUDDIVISIOtI0 XCC08 X= TO TM PLAT TRSREOF XWMM IN PLXT M M 2, PA= 90, OIL TEE PUBLIC RECORDS OF COLLIER COORTY, PIARIDA. SOOJ i' property is not now, car has it ever been the homestead �tteyad Of the of hegrantcr. 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I A .LiS• .w -•ems '•-f ••-jr t -yil• .•-.�� z.3, .v •.ey :,-yl w . i ,_< Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Kenneth & Barbara Blocker Sr. Inv. Maria Rodriguez Department Case No. CESD20090004386 Per Hour FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 6 78 0.022 $1.72 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $68.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $85.86 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Lisa Dasher, Respondent DEPT No. CESD20090002945 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed g CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, Case: CESD20090002945 COLLIER COUNTY, FLORIDA, Plaintiff, vs. LISA DASHER, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION: 3551 CARSON LAKES CIR Immokalee, FL SERVED: LISA DASHER, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the 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 WTH 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 NOTIRCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no reran disponibles en Is audiencia y usted sera responsible de proveer su prupio traductor, para on mejor entendimiento con las comunicaciones de ate evento. Por favor traiga su propio traductor. Avbtisman — Tout odisyon yo f6t an angl6. Nou pan gin moun you f8 tradiksyon. Si ou pa pal8 anglA tanpri vini avbk you int8pr6t you pale you-ou. W.. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090002945 Lisa Dasher, 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 10.02.06(B)(1)(e)(i). Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 2. Description of Violation: patio in the rear of the property without a Collier County Permit. 3. Location/address where violation exists: 3551 Carson Lakes Circle, Immokalee, Fl 34142 (Folio # 25577800404). 4. Name and address of owner/person in charge of violation location Lisa Dasher 3551 Carson Lakes Circle, Immokalee, Fl 34142. 5. Date violation first observed: March 18, 2009. 6. Date owner/person in charge given Notice of Violation: March 18, 2009. 7. Date on/by which violation to be corrected: April 17, 2009. 8. Date of re -inspection: April 18, 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,-Vday ofSC?7 2009 Maria Rodriguez Code Enforcement Investigator Sworn to affi med) and subscribed before this/ day of 2009 by 1gtUt &D;4 LAAC-V STATE OF FLORIDA COUNTY OF COLLIER 4!�&l 7 k/4 /1— (Sign �yknown Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personal or produced identification Type of identification produced REV 3-3-05 NOTARY PUBLICSTATE OF FLORIDA " Jennifer E. Waldron Commission #DD823767 Expires: SEP.17, 2012 BONDED nMU ATLANTIC BONDING Co., INC. Case Number: CESD20090002945 Date: March 18, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: DASHER, LISA 3551 CARSON LAKE CIR IMMOKALEE, FL 341422092 Location: 3551 CARSON LAKES CIR Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: CARSON LAKES LOT 12 Folio: 25577800404 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinances) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) 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.: 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 patio in the rear of the property without a Collier County Permit. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure/improvements: AND / OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 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: 04/17/2009 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 U ia-,- /'l Investigator Signature Maria Rodriguez Phone: 239 252-2440 FAX: 239 252-2343 K,�a, Du,� Signature and Title of Recipient U-SE'l- —DI aSh -( Printed Name of Recipient Date 3-1y-Oq 21 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 s 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 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. a 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 has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 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I-m i aciitP�4i:df nr uulrf � {Otllr{{erwzsys�4+tt+Mt 'rf'.-+-� f �-!P 7. TVs. FIIbGC M-G.rhymu7 254.c I w•I.Apd'Irflte ncc:alyEJ_y+�_ #r Dr. Nwnf:fl.r.k PrwWtnB I6bial.(ari rNriti.tiNJ'MI#.C4E+tilii ..i i.> frvrcYh bwnrora wi►t mu mcai. II. JE4rt54�'Li SlFarx �+'�{C"�c�'-"i Iva11C1u fWAM34 %dwSC�?k.. F15 http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImagelD=172825 8/13/2009 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. Lisa Dasher Respondent(s), Case No.CESD20090002945 STIPULATION/AGREEMENT COMES NOW, the undersigned, Lisa Dasher, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090002945 dated the 18 day of March, 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building permit or Demolition permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $20flD0 per day will be imposed. le C- c 0 L h --vk'k— 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 vloladon 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 Co ier County Sheriff's Office to enforce the prov' ons of this agreement and all cost of abatement s all be assessed to the property owner. Respondent or Representative (sign) d1aee FlIft, Director Code Enforcement Department ki ( sel &) � .7 C9 Respondent or Representative (print) Date _ ID -CID�Dq Date REV 4/24/09 affio"-w oirvholm, K. tx, @ ,z: BOARD OF COUNTY COMMISSIONERS Collier County, Florida VS. Lisa Dasher Petitioner, Respondent(s), Case No.CESD20090002945 STIPULATIO WAGREEM ENT COMES NOW, the undersigned, Lisa Dasher, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090002945 dated the 18 day of March, 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must apply for and obtain a Collier County Building permit or Demolition permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 120 days of this hearing or a fine of $200.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notices II be by phone or fax and made during the workweek. It 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 Co ier County Sheriff's Office to enforce the prov' ons of this agreement and all cost of abatements all be assessed to the property owner. Respondent or Representative (sign) D e FI g1, biirector Code Enforcement Department I�� r +Sal j::bjjKIP �� % Zd /a j Respondent or Representative (print) Date /o -ouO*h t) Date REV 4/24/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090002945 Board of County Commissioners, Collier County, Florida Vs. Lisa Dasher Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090002945 DESCRIPTION OF VIOLATION: A patio in the rear of the property without a Collier County Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building permit for a Demolition permit and request required inspections to be performed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX per day will be imposed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Lisa Dasher Inv. Maria Rodriguez Department Case No. CESD20090002945 Per Hour Total $0.00 FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 8 104 0.022 $2.29 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 $18.43 County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Adds Pages) Hours Per Hour Total 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0.5 $65.00 $32.50 0 $0.00 $0.00 Pages Per Page 1 $10.00 $10.00 3 $8.50 $25.50 $68.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $86.43 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. J Peaceful LC, Respondent Georges Chami MGRM, Registered Agent DEPT No. CELU20090010758 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5 Deed 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. J PEACEFUL LC, Respondent(s) Georges Chami Mgrm, Registered Agent NOTICE OF HEARING Case: CELU20090010758 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: 10/22/2009 TIME: 09:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 7730 Preserve LN Unit:5 Naples, FL SERVED: J Peaceful LC, Respondent Georges Chami Mgrm, Registered Agent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON V1ATH 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)774-8B00; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACIOM Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no reran disponibles en Is audiencia y usted sera responsable de proveer so propio tmductor, pars un mejor entendimiento con lm comunicaciones de este evento. Por favor traiga su propio traductor. F-A COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CELU20090010758 J PEACEFUL LC, 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 Code04-41, as amended, Section 2.02.03 Prohibited use. 2. Description of Violation: Truck rental business prohibited in C-3 zoned location. (Permitted only in C-4 Zoned location) 3. Location/address where violation exists: 7730 Preserve Lane Naples, Fl. 34019 Folio 68391446166 4. Name and address of owner/person in charge of violation location: George Chami 7675 Margherita Way Naples, Fl. 34109 5. Date violation first observed: June 30`h, 2009 6. Date owner/person in charge given Notice of Violation: August I I'h, 2009 (Delivery receipt signed) 7. Date on/by which violation to be corrected: September 7`h, 2009 8. Date of re -inspection: September 16`h, 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 or ublic hear' g. Dated this 6th day of October, 2009 Ro d artin Code Enforceme t Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3-3-05 Sworn o (or affirmed)andsubscribed before this 6`h day of October , 2009 by f, " /C c-A (Sig ature of Notary Publ') (Print/Type/Stamp Commissioned Name of Notary Public) Personally known XX or produced identification Type of identification produced Ronald Martindale NOTARY PUBLIC -STATE OF FWRIDA It1eirs Rajah C orn i n i i t i a t a # Z 0727241 j3onw'r av tYi`1r1 fm; 39NDING E9:' ETe. 1 Case Number: CELU20090010758 Date: August 05, 2009 Investigator: Ron Martindale Phone: 2392522445 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: J PEACEFUL LC 7675 MARGHERITA WAY NAPLES, FL 34109 Registered Agent: GEORGES CHAMI MGRM 7675 MARGHERITA WAY NAPLES, FL 34109 Location: 7730 Preserve LN Naples, FL7770 Preserve LN Naples, FL Unincorporated Collier County Zoning Dist: C-3 Property Legal Description: PRESERVE COMMONS LOT 4 & THE E 52FT OF LOT 3 SEC 21 TWP 48 VV RNG 26 Folio: 68391446166 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 Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district. : DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Witnessed truck rental business operated in a prohibited C-3 zoned location. Truck rentals permitted only in areas with C-4 zoning. ORDER TO CORRECT VIOLATION(S)• You are directed by this Notice to take the following corrective action(s): CEASE AND DESIST OPERATION OF ALL TRUCK RENTAL BUSINESS IN C-3 ZONING OR RELOCATE RENTAL VEHICLES TO A PERMITTED LOCATION. ON OR BEFORE: 09/07/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 4wll 2800 'North Horseshoe Dr, Naples, FL 34104 )r at re Phone: 239 252-2440 FAX: 239 252-2343 Ron Martin Signature and Title of Recipient Printed Name of Recipient D ate 3 USPS - Track & Confirm Page 1 of 1 UNITrEDSTATES FMT-AL. SERVICE- a Track & Confirm Search Results Label/Receipt Number: 7008 1830 0000 0090 3951 Service(s): Certified MailTM Status: Delivered Your item was delivered at 11:31 AM on August 11, 2009 in NAPLES, FL 34109. Home I Hem I Sign In Track & Confirm FA__G1s_ Track & Confirm Enter Label/Receipt Number. Ga � Detailed Results: • Delivered, August 11, 2009, 11:31 am, NAPLES, FL 34109 • Notice Left, August 08, 2009, 11:22 am, NAPLES, FL 34109 Notification D�tions Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gn> Siie. Nap Customer Service Fgrms Gott -sse ceg C_aregrs Pnyary_Pol cy Terms of Use Business Customer gateway iY, lr rtX^.;i lira: Copyright© 2009 USPS. All Rights Reserved, No FEAR Act EEO Data FOIA ta,;< � , ,,1 trtr. 1_u.-./li..T____C.....1 —._ /T\T(lT ,rr♦ i rr r � �� LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Codified through Ord. No. 07-42, adopted April 4, 2007. (Supplement No. 4) 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use,conditional use , or accessory use shall be prohibited in such zoning district. 6 A This instrument Prepared by and after recording return to: Leo !. Salvatori, Esq. Quarks do Brady. LLP 4501 Tamiimi Trail North, Suite 300 Naples, Florida 34103 2802395 OR; 2831 PG; 3396 uman to 0111cnl Wool 0I Calmat roam, n 15125/2111 it 03:21111 Mon 1. Unt CUB CM 151111.11 UC 1111 1131 DOC•.11 $151.11 Ret1: Q11 ul i 1UPT 4511 i3rI 1 !1 1 1100 Will 1134103 3010 SPECIAL WARRANTY DEED THIS INDENTURE, made this )� � day of May, 2001, between OLDE CYPRESS DEVELOPMENT, LTD., a Florida 1' it ' , RANTOR, and J. PEACEFUL, L.C., a Florida limited liability company l+i is 7675 Margherita Way, Naples, Florida 34109, GRANTEE. 0 WITNESSETH that (510.00). and other good i the receipt whereof is her and Grantee's successors being in Collier County, Lot 4, PRESERVE C%ONS,,according t�Book 34, Page 98, of theords of Collthat portion of Lot 3 of Pdescribed on Exhibit "A64(C on �pf the sum of Ten Dollars �tor �p hand paid by said Grantee land, situate, lying and reof recorded in Plat Florida, together with the foregoing plat) as is Subject to oil, gas and mineral rights of record; and real estate taxes for the year 2001, bearing Property Identification Number 68391446166 (Lot 4) and 68391446140 (Lot 3). Further subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Preserve Commons, recorded in Official Record Book 2693, Page 226, of the Public Records of Collier County, Florida; together with the Articles of Incorporation, By -Laws and Rules and Regulations of Preserve Commons Commercial Association, Inc., as set forth therein. Further subject to the terms and provisions of the Agreement Establishing Easements, Maintenance Responsibilities, and Sharings of Costs recorded in Official Record Book 2546, Page 1033; and the Water Management System Shared Cost and Maintenance Agreement recorded in Official Record Book 2546, Page 1068, of the Public Records of Collier County, Florida, as the same may be amended from time to time. Qe,awn 30"71.1 OR: 2831 PG: 3399 . THis DEED is an absolute conveyance, and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, scaled and delivered in our presence: (Print Name) imess #2 (Print STATE OF FLORIDA COUNTY OF COLLIER i2 OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership (Corporate Seal) OLDS CYPP�SS DEVELOPMENT CORPO ION, a Florida corporation, as general as 34119 te _0 y ��% � , Boulevard Tice foregoing instrument was acknowledged before me this f �- day of May, 2001, by RENEE TOLSON, as Vice President of OLDE CYPRESS DEVELOPMENT CORPORATION, a Florida corporation, as general partner of OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership, who is personally known to me, My Commission Expires: IEiH A. WEW My COIOIIS M i CC 8126M EXPIRES: Febrtwy 2S, 2t102 lenMa Taw tbwy Rile 1►+Ye+wirs (mil) 4,R7 PUB 11Y %i�'".r (Print Name) WAM 3M71. t Z' CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. J. PEACEFUL, LC, Respondent. CEB NO.: CELU20090010758 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 October 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That George Chami is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 7730 Preserve Lane, Naples, FL, Folio #68391446166, more particularly described as Lot 4, Preserve Commons, according to the plat thereof as recorded in Plat Book 34, Page 98 of the Public Records of Collier County, Florida, together with that portion of Lot 3 of Preserve Commons (according to the foregoing plat) as is described on Exhibit "A" attached hereto, is in violation of Section 2.02.03 of Ordinance 04-41, as amended, the Collier County Land Development Code, in the following particulars: Truck rental business prohibited in C-3 zoned location (permitted only in C-4 zoned location). 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. 2007-44, it is hereby ORDERED: That the violations of Section 2.02.03 of Ordinance 04-41, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.14 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall cease all outside storage and rental vehicles and equipment or relocate rental vehicles and equipment to an area designated for such use, or have the property rezoned to allow for such use, within 120 days of this hearing, or a fine of $100.00 per day will be imposed for each day the violation remains. OR; 2831 PG; 3398 MMISIT "A" LEGAL DESCRIPTION FOR TIRE LOT LINE ADJUSTMENT BETWEEN LOTS 3 AND 4 OF PRESERVE COMMONS. A SUBDIVISION IN COLLIER COUNTY RECORDED IN PLAT BOOK A PAGES "AND" A STRIP OF LAND LYING IN SECTION 21. TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS; COMMENCING FROM THE SOUTHEAST CORNER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE SOUTH LINE OF SAID SECTION, SOUTH 89'm,sr WEST, A DISTANCE OF 157 1. 10 FEET TO A POINT ON THE WEST RIGHT-OF- WAY OF PRESERVE LANE, PLAT BOOK 34, PAGES 94-99; THENCE ALONG SAID PLAT, NORTH 00'S6'05" WEST, A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH $V"'52" WEST, A DISTANCE OF 197.00 FEET TO A POINT THAT IS A COMMON CORNER TO LOTS 3 AND 4 OF SAID PLAT; AND BEING THE TRUE POINT OF BEGINNING; THENCE Soum 89'09'5I" WEST. A DISTANCE OF 52.00 FEET TO A POINT THAT IS THE ADJUSTED COMMON COMM TO THENCE ALONG SAID ADJUSTED TO A POINT ON THE SOUTH FS;l THENCE ALONG SAID RIGHT TO A POINT COMMON TO LO THENCE SOUTH W50'00" EAST. 0 SAID LAND CONTAINING (SEE ATTACHED SKETCH) s.nwor mm Mapper IN Rope"* Ro ar H. Hunk 1052% Ptoteedon.l Surveyor and Mapper Community Enonowns Services Inc. 9200 Bob Bomb Road, Swte 213 Boob SpriW FL 34135 LBM6572 Date: T A DISTANCE OF 270.18 FEET "- Y OF PRESEIV , NORTH S9010-00" Ll "tti 'o ANCE OF 52.00 FEET OF BEGINNING. c��rwr.►+wr. *** OR: 2931 ?G: 3399 *** I I I I i I I I I I I I .1- I I I I t �I 01 To sa 250 1�11 1 A- off' i, M „00,05.00 N r,r 0 � u rn L4 �D ENE 'Yn Al i I I I I I I I 1 I (ROADWAY. C u.E" I I I N 11 N 11 11 11 11 T q � f � � j \PSR oVCOM 1\1\ t_lndl\LLADJUST Tue May 22 13:38:01 2001 PLOT BY MAT Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. J Peaceful LC Inv. Ron Martindale Department Case No. CELU20090010758 INVESTIGATIONS Hours Per Hour Total Black & White Color Three -Hole Punch Mail County Staff Code Investigator Supervisor Coordinator Director Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Adds Pages) 7 91 0.022 $2.00 0 0 $0.75 $0.00 $3.00 $13.14 $13.14 Hours Per Hour Total 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0 $0.00 $0.00 0.5 $65.00 $32.50 0 $0.00 $0.00 Pages PerPage 1 $10.00 $10.00 3 $8.50 $25.50 $68.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $86.14 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. J Peaceful LC, Respondent Georges Chami MGRM, Registered Agent DEPT No. CESD20090012961 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 1_4 Copy of Applicable Ordinance 5 Deed 6-7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090012961 COLLIER COUNTY, FLORIDA, Plaintiff, vs. J PEACEFUL L C, 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: 10/22/2009 TIME: 9:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION: 7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU AREA 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: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsible de proveer su propio traductor, para un mejor entendimiento con las cwmumcaciones de este evento. For favor traiga su propio traductor. Av6bsman — Tout odisyon yo f bt an angi6. Nou pan gin moun you f8 tradiksyon. Si ou pa pa16 ang16 tanpri vini avAk you intbprBt you pa16 you-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20090012961 J PEACEFUL LC, 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 10.02.06(B)(1)(e) 2. Description of Violation: Alterations to structure without obtaining required permit(s), subsequent inspection(s) or, issuance of Certificate of Occupancy/completion. 3. Location/address where violation exists: 7770 Preserve Lane Naples,Fl. 34109 Folio 68391446166 4. Name and address of owner/person in charge of violation location : George Chami 7675 Margherita Way Naples Fl. 34109 5. Date violation first observed: August 5`h, 2009 6. Date owner/person in charge given Notice of Violation: August 11'' , 2009 (Delivery receipt signed) 7. Date on/by which violation to be corrected: September 7 h, 2009 8. Date of re -inspection: September 16`' , 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 EnforcemenTRo public hearing. Dated this 6th day of October, 2009 Martndale Code Enforcement v stigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this 6 day of October 2009 by Ronald in�artindalle (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _X or produced identification Type of identification produced REV 3-3-05 NOTm Pout -STATE OF FLORMA ,.N,..., Indira Rajah Cotnmission#DD727241 9,'; Expires: DEC. 07, 2011CQ BDND$D THRB ATIAANTIC BONDING CO., INC Case Number: CESD20090012961 Date: August 05, 2009 Investigator: Ron Martindale Phone:2392522445 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: J PEACEFUL LC 7675 MARGHERITA WAY NAPLES, FL 34109 Registered Agent: GEORGES CHAMI MGRM 7675 MARGHERITA WAY NAPLES, FL 34109 Location: 7770 Preserve LN Naples, FL Unincorporated Collier County Zoning Dist: C-3 Property Legal PRESERVE COMMONS LOT 4 & THE E 52FT OF LOT 3 SEC 21 TWP48 RNG 26 Folio: 68391446166 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above -described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 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) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Witnessed alterations to structure without obtaining required permits. ORDER TO CORRECT VIOLATION(S)• You are directed by this Notice to take the following corrective action(s): MUST OBTAIN ALL REQUIRED COLLIER COUNTY BUILDING OR DEMOLITION PERMITS AND, ALL REQUIRED INSPECTIONS THROUGH TO ISSUANCE OF CERTIFICATE OF COMPLETION/OCCUPANCY ON OR BEFORE: 09/07/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SE D BY: nve tig oj d7ig ur Ron Martindale INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and Title of Recipient 3 USPS - Track & Confirm Page 1 of 1 UAIITFD 'MTES P05TAL SEMC& Track & Confirm Search Results Label/Receipt Number: 7008 1830 0000 0090 3944 Service(s): Certified MailTM Status: Delivered Your item was delivered at 11:31 AM on August 11, 2009 in NAPLES, FL 34109, Home I Help I Sign in Track & Confirrn FAQs Track & Confirm Enter Label/Receipt Number. Go s j Detailed Results: • Delivered, August 11, 2009, 11:31 am, NAPLES, FL 34109 • Notice Left, August 08, 2009, 11:22 am, NAPLES, FL 34109 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. i &a Site -map Qustgmer$ervic Forms Qjq Services Careers Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOI Pnvac�y. N.A.Cy Tem7�of_.Use kFt dl;rr A Ic«�,h tt:yx SUsrness...�i�storner Gatewz.y. y http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 9/17/2009 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. 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... �5 A This instrument PnWred by and after recording return to: Leo J. Salvatod, Esq. Quarles & Brady, LLP 4301 Tamiami Trail North. Suite 300 Naples. Florida 34103 2802395 OR: 2831 PG: 3396 uccon 1n 0111cm Wool of C011III COIR?, n 05/2S/2111 at 03:2112 DnW? 1. Ilta, CUM CM 15011.0 etc nl 11.11 DOC•.71 $151.11 RIM QU1Li1 a 111DI 4511 71111I1111I ?R 1 1300 W1111 it 34113 Soso SPECIAL WARRANTY DEED THIS INDENTURE, made this DEVELOPMENT, LTD., a Florida It a Florida limited liability company Florida 34109, GRANTEE. /& WnWEsSETH that sa C 410.00), and other good va the receipt whereof is here and Grantee's successors being in Collier County, Fl Lot 4, PRESERVE C Book 34, Page 98, of the that portion of Lot 3 of A described on Exhibit "A" day of May, 2001, between OLDE CYPRESS fit RANTOR, and J. PEACEFUL, L.C., h� �4* is 7675 Margherita Way, Naples, the sum of Ten Dollars hand paid by said Grantee d sold to the said Grantee I land, situate, lying and according t e f recorded in Plat ecords of Collier , Florida, together with ,� o the foregoing plat) as is Subject to oil, gas and mineral rights of record; and real estate taxes for the year 2001, bearing Property Identification Number 68391446166 (Lot 4) and 68391446140 (Lot 3). Further subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Preserve Commons, recorded in Official Record Book 2693, Page 226, of the Public Records of Collier County, Florida; together with the Articles of Incorporation, By -Laws and Rules and Regulations of Preserve Commons Commercial Association, Inc., as set forth therein. Further subject to the terms and provisions of the Agreement Establishing Easements, Maintenance Responsibilities, and Sharings of Costs recorded in Official Record Book 2546, Page 1033; and the Water Management System Shared Cost and Maintenance Agreement recorded in Official Record Book 2546, Page 1068, of the Public Records of Collier County, Florida, as the same may be amended from time to time. QaNArn 3"M 1.1 N OR: 2831 PG: 3397 THIs DEED is an absolute conveyance, and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. 1N WITNESS WHEREOF, the Grantor has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered OLDS CYPRESS DEVELOPMENT, LTD., in our presence: a Florida limited partnership (Corporate Seal) OLDE CYP DEVELOPMENT CORPO ION, a Florida corporation, as general tSON, r as ident (Print Name) ��"---�- 0 Old Cy ress Boulevard zzjr,& 34 119 Witness #2 }3 (Print N ) STATE OF FLORIDA 4 �, COUNTY OF COLLIER The foregoing instrument was acknowledged before me this f day of May, 2001, by RENEE TOLSON, as Vice President of OLDE CYPRESS DEVELOPMENT CORPORATION, a Florida corporation, as general partner of OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership, who is personally known to me. My Commission Expires: NMRY PUB . IC gK1n A, rnss:tt EXP S:F " 2t= (Print Name) .enr.a nw ►1o�,y n.l1e umbf w ra (seal) QaNM 305071.1 -2- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. J PEACEFUL LC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(e) Ronald Martindale, Code Enforcement Official Department Case No. CESD20090012961 DESCRIPTION OF VIOLATION Collier County Building Permit(s), Occupancy/Completion RECOMMENDATION: Alterations to a structure without obtaining required subsequent inspections(s) or, issuance of Certificate of 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 all required Collier County Building or Demolition Permit(s), and all required inspection(s) through to issuance of a Certificate of Compliance/Occupancy within X days or incur a fine of X per day until brought into compliance. 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 1/5/09 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU20090010758 Board of County Commissioners, Collier County, Florida Vs. J PEACEFUL LC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 2.02.03 (Prohibited use0 Ronald Martindale, Code Enforcement Official Department Case No. CELU20090010758 DESCRIPTION OF VIOLATION: Truck rental business prohibited in C-3 Zoned location (permitted only in C-4 Zoned location) 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: Cease and desist operation of all truck rental business in C-3 Zoned location OR relocate rental vehicles to a permitted location within days OR incur a fine of $ .00 per day until brought into compliance. 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 4124/09 OR; 2831 PG; 3398 MISIT "A" LEGAL DESCRIPTION FOR THE LOT I = ADJUSTMENT BETWEEN LOTS 3 AND 4 OF PRESERVE COMMONS. A SUBDIVISION IN COLLIER COUNTY RECORDED IN PLAT BOOK 34, PAGES " AND " A STRIP OF LAND LYING IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND FURTHER DESCRIBED AS FOLLOWS; COMMENCING FROM THE SOUTHEAST CORNEA OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE SOUTH LINE OF SAID SECTION, SOUTH WW'52" WEST, A DISTANCE OF 157 1. 10 FEET TO A POINT ON THE WEST RIGHT-OF- WAY OF PRESERVE LANE, PLAT BOOK 34, PAGES 98-99; THENCE ALONG SAID PLAT, NORTH 00•56'05" WEST, A DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 89°09'52" WEST, A DISTANCE OF 197.00 FEET TO A POINT THAT IS A COMMON CORNER TO LOTS 3 AND 4 OF SAID PLAT; AND BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH s9'09'S2" WEST, A DISTANCE OF 52,00 FEET TO A POINT THAT IS THE ADJUSTED COMMON CORNER TO LOT THENCE ALONG SAID ADJUSTED L 'O ' , A DISTANCE OF 270.14 FEET TO A POINT ON THE SOUTH RI OF PRES THENCE ALONG SAID RIGHT - , NORTH 99* 10'00" STANCE OF 52.00 FEET TO A POINT COIAMON TO LO 3 THENCE SOUTH 00'30'O0" T. DI E OF-2WT OF BEGINNING. SAID LAND CONTAIMNO (SEE ATTACHED SKETCH) Srrmor and Mapper i• Roger H. Hurd% 1052% PmfineiwW Swveyor and Mapper \. Community Enodood" Services Inc. 9200 Boma Bach Road, Suite 213 Bonita Sprits, FL 34133 LB#6S72 Sal: Sigted: I ��.�� _ Date: O� 0 *** OR: 2831 PG; 3399 *** I i I I I I I I I I I I In I I I I 00 I I I N$ I I I I SN I ,81'01Z M „00,09.00 N I I PEP In Nrn> I I I 10 r^ I I I ,9l-OLZ 3 .600109.00 S I 1 cx D n I � IFEZ U a ( i � , C I I Cx100* I N 000-56 '4 '^ r ES NE ,SIX (ROADWAY, C.U.C. U.E., D.E.)-- O I a • /I , I j:\PSRYCOM\Iot Indj\LLADJUST Tue May 22 13:38:01 2001 PLOT BY MAT Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. J Peaceful LC Inv. Ron Martindale Department Case No. CESD20090012961 Hours Per Hour FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Paae Total Black & White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $68.00 Copy Costs & Mail Fees Pages Copies Per Page 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 $0.00 Panes Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $86.14 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Paulino & Adriana Vega, Respondent DEPT No. CENA20090005263 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6 Deed 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CENA20090005263 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VEGA. PAULINO & ADRIANA, 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: 10/22/2009 TIME: 09:00 a.m. PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Litter Public Nuisance54-179 LOCATION OF VIOLATION: 3200 Westclox ST Immokalee, FL SERVED: VEGA, PAULINO & ADRIANA, Respondent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774A800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS -OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsible de proveer su propio traductor, Para un mejor entendimiento con in comunicaciones de este evento. Por favor traiga su propio traductor. Avditisman — Tout odisyon yo fst an angld. Nou pan gin moun you f6 tradiksyon. Si ou pa paid anglb tanpri vini avAk you intPprbt you paid you-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. Vega, Paulino & Adriana, Respondent(s) DEPT CASE NO. CENA20090005263 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 Code of Laws, Chapter 54, Article VI, Section 54-179 2. Description of Violation: Abandoned property (single wide mobile home) partially dismantled which has been left unattended and unprotected from the elements. 3. Location/address where violation exists: 3200 Westclox St. Immokalee, Fl 34142 Folio 00070440001. 4. Name and address of owner/person in charge of violation location Paulino & Adriana Vega 5050 Pinebreeze Ct West Palm Beach, Fl 33415. 5. Date violation first observed: May 1, 2009. 6. Date owner/person in charge given Notice of Violation: May 7, 2009. 7. Date on/by which violation to be corrected: May 15, 2009. 8. Date of re -inspection: July 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 be referred to the Collier County Code Enforcement Board for a public hearing. REV 3-3-05 Dated this30day of,QVr2009 Maria Rodriguez STATE OF FLORIDA Code Enforcement Investigator COUNTY OF COLLIER '"�y� Sw o (or affirmed) and subscribed before thisW day ofSWf-, 2009 by ( mire of Notary Public) (Print/Type/Stamp Commissioned / Name of Notary Public) Personally known or produced identification Type of identification produced NOTATW PUBUC-STATE OF FLORMA Jennifer E. Waldron Commission #DD823767 Expires: SEF.17, 2012 BONDED THRU ATLANTIC BONDING CO., INC. MIN Case Number: CENA20090005263 Date: May 01, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VEGA, PAULINO & ADRIANA 5050 PINEBREEZE CT WEST PALM BEACH, FL 33415-1714 Location: 3200 Westclox ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description:30 46 29 E 130FT OF S1/2 OF SW1/4 OF SE1/4 Folio: 70440001 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: Litter declared to be a public nuisance. Collier County Code of Laws, Chapter 54, Article VI, Section 54-179 The unauthorized accumulation of litter or improper storage of litter or improper dumping of abandoned property or litter as described in sections 54-179--54-184, in or upon public or private property, is hereby declared to be a public nuisance.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness:: Abandoned property (single wide mobile home) partially dismantled having no value other than nominal salvage value, which has been left unattended and unprotected from the elements ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must remove abondoned property (single wide mobile home) which was left unattended and unprotected from the elements. ON OR BEFORE: 05/15/2009 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED B INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT d 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature 4 111 Phone: 239 252-2440 FAX: 239 252-2343 Maria Rodriguez m Signature and Title of Recipient Printed Name of Recipient 3 Date y ZCD ffi a E N cv cc Eo U I 000 > _ U m E� m 9 E O N ttl to CU uN -0�«'i5 -2 r: m c 3Y l E c O cga�Q� co rl Ir ti m Ln Q C3 C3 n C3 s 8 0 7 r:l r-q N C3 2 C3 C3LL T E TW � N C U =e Section IV Unlawful to litter Sec. 54-179. Litter declared to be a public nuisance. The Unauthorized Accumulation of Litter or Improper Storage of Litter or improper dumping of Abandoned Property or Litter as described in this Ordinance, in or upon public or private property, is hereby declared to be a public nuisance. (Ord. No. 2005-44, § 5; Ord. No. 09-08, § 5) Book 3203 - Page 1348 Page 1 of I TRIS WSTRUMENTMRAkED BY: 1"t-rMR- ftwmw P-J.' 1401 NbKh I'M Stw" ;iuic A, IfjtM"ft,FIwi1L 34142, FAMM 4 Cl. So. - bw'NU4IX I 4 d "IMS? PG; L348 INXM; LE WIM ' ""114NE3 IL 4l"--;LL' 44170t a. atm. aim It FAL ilia I #M tr Ali,,, VMUU PL!P-.4: Til-ra I2NDF-SMJkE,nsdc'rji:L 4 1 LLiycf lmuryjffil. bclwiqtm FtA)J$+, c4)RjpI'FT. thcLnrcruc7W walaw iir FRAKIK JL (MItfif"t , Qrsarr, u 5W- 'n.44irg awsti' l{ P"U'UMT Irtin"ct, FlmitbA V0Wjj, tiatsim ii SIM Pitt WrA PAdm ficvA. Rurkin 3141S, WMVESSIE.M. IJW fic, Giaruc, r,.-4 92d 12 %-JWr4=t=MM Ufti*-- *r.JTCj Ttkj` ;'WjI.j.J.Wj� A ND WUXI W AS 11 OTH EX VOM A 1%n;- VA L LIAFLS CY.N SME RATI 0 NS. t(I dpw , In 1 Ll:4!I'"t; by ibc 6rvuccu sr7rar11: tLVE31§#L. ;r.1 NLjLrI [IN kf Ac. i(4 ba0p -i Or Sizic ul' Flaviis, l'JL I !'�' jj.0C dMht�k. TWMAk ip N Am F :Lq iw', f"r. I mr. (:Qcn Y,Ftnri ch, ms cmiiovate ismwla ud %v I I p t w- ucw. r,-.r i w c um -art; }nj r TO IFINVE 4ND TO BOLD It, W sirrp,-t 170". AM Ilk Cr-=I,.-r tix:i bmr 3t Wlywnrnt tic 611c in said 13mdjcA cqrrl an 3kMT, *J.111 1*fgrj 4)pt i�rtt kpitht Ike UMI'd 6dinti. Celli ptrwtb %'kMtM*"df'. http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImagelD=198157 9/1/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD CENA20090005263 Board of County Commissioners, Collier County, Florida Vs. Paulino & Adriana Vega Violation of Ordinance/Section(s) Collier County of Laws, Chapter 54, Article VI, Section 54-179 Maria Rodriguez, Code Enforcement Official CENA20090005263 DESCRIPTION OF VIOLATION: Abandoned property (single wide mobile home) partially dismantled which has been left unattended and unprotected from the elements. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtaining a Collier County Building Demolition permit and request required inspections to be performed, and pass, thru a certificate of completion within 48 hours of this hearing or a fine of $250.00 per day will be imposed. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Paulino & Adriana Vega Respondent(s), Case No.CENA20090005263 STIPULATION/AGREEMENT COMES NOW, the undersigned, Paulino Vega, on behalf of himself and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CENA20090005263 dated_.thq 15t,daX pf A11aX, 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.14 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 Demolition permit and request required inspections to be performed, and pass, thru a certificate of completion within 90 days of this hearing or a fine of $250.00 per day will be imposed. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) 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. Respondent or Representative (sign) Respondent or Representative (print) A Date l Diane Flagg, Director - Code Enforcement Department Date REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Paulino & Adriana Vega Inv. Maria Rodriguez Department Case No. CENA20090005263 Hours Total $0.00 I FINDING OF FACT HEARING Copy Costs & Mail Fees Paaes Copies Per Page Total Black & White 7 91 0.022 $2.00 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 County Staff Hours Per Hour Code Investigator 0 $0.00 Supervisor 0 $0.00 Coordinator 0 $0.00 Director 0 $0.00 Clerk of Board Fees 0.5 $65.00 Other Staff 0 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 Document Recording (Adds Pages) 3 $8.50 Total $0.00 $0.00 $0.00 $0.00 $32.50 $0.00 $10.00 $25.50 $68.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 Pages Per Page Document Recording (First Page) 1 $10.00 Document Recording (Adds Pages) 3 $8.50 Total Operational Costs $86.14 $0.00 $10.00 $25.50 $0.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. EJ Properties LLC., Edgerrin James Title MGRM, Respondent Leonardo D. Starke, ESQ, Registered Agent DEPT No. CESD20090009150 ITEM PAGES Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-14 Copy of Applicable Ordinance 15-17 Deed 18 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, CESD20090009150 COLLIER COUNTY, FLORIDA, Plaintiff, vs EJ PROPERTIES LLC, Edgerrin James Title MGRM, Respondent(s) Leonardo D. Starke ESQ, 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: 10/22/2009 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: 407 3rd ST Immokalee, FL SERVED: EJ PROPERTIES LLC, Edgerrin James Title MGRM, Respondent Leonardo D. Starke ESQ, Registered Agent Ed Morad, 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 NOTIFICACIONEsta 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 entendurvento con las COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20090009150 EJ Properties LLC Edgerrin James Title MGRM Leonardo D Starke ESQ, Registered Agent , 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 10.02.06(B)(1)(a) 2. Description of Violation: Failure to obtain Building and Land Alteration Permits, Inspections, and Certificate of Occupancy as required. 3. Location/address where violation exists: 407 3`d Street Immokalee, Fl. Folio Number 125520009 4. Name and address of owner/person in charge of violation location Edgerrin James 798 NW 55`s Street Miami Fl. 33127 5. Date violation first observed: May 28, 2009 6. Date owner/person in charge given Notice of Violation: June 24, 2009 7. Date on/by which violation to be corrected: July 15, 2009 8. Date of re -inspection: July 22, 2009 9. Results of Re -inspection: Violation remain 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. REV 3-3-05 Dated this 11 day of September, 2009 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to ( ned) and subscribed before this. 11 day of September 2009 by Ed Morad (Signature of Notary Public) d (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produce i entification Type of identification produced.." 00 Pc Notary Public Si.";.: of Florida s° �f, tioalria F Rodriau2-' _ idly CoMmissio, DD629967 aE Expires o1116/2(,, t Case Number: CESD20090009150Date: June 24, 2009 Investigator: Ed Morad Phone: 239-252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EDGERRIN JAMES, TITLE MGRM FOR EJ PROPERTIES LLC 798 NW 55TH ST MIAMI FL. 33127 Registered Agent: LEONARDO D STARKE ESQ 3340 MCDONALD STREET MIAMI FL 33133 Location: 407 3rd ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: 4 47 29 COMM AT SE CNR OF N1/2 OF SW1/4 OF SE1/4 OF SEIM, W 30FT TO POB, N 121.30FT W 221.78FT, S Folio: 125520009 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 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 permits) inspections and certificate(s) of occupancy as required by the Collier Countv Building Code or this Code Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Dwelling units plumbing fixtures being replaced with new plumbing fixtures and new wiring replacing the old existing wiring both without first obtaining the authorization of the required Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described improvements to dwelling units and request inspections to be performed and pass, and obtain a certificate of occupancy/completion. Or obtain a Collier County Demolition Permit and remove all improvements, request inspection, and certificate of completion. ON OR BEFORE: July 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 co of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 3 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Ed Morad (Ckk�k� Signature and Title of Recipient Printed Name of Recipient C7 Date q USPS - Track & Confirm Page 1 of 1 iNUNfXI) 57/1i�5 POSTAL Sri Track & Confirm Search Results Label/Receipt Number: 70071490 0001 0805 6532 Service(s): Certified Mail'" Status: Addressee Unknown Your item was returned to the sender on July 11, 2009 because the addressee was not known. Detailed Results: • Addressee Unknown, July 11, 2009, 3:16 pm, MIAMI, FL • Undeliverable as Addressed, July 08, 2009, 12:54 pm, MIAMI, FL 33127 Wi€catiorl Options Home I Helo_ I Bign In Track confirm FAQs Track & Confirm —t Enter Label/Receipt Number. o` Goa .t Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Site Map Customer_ Service Forms Gov't Services Careers Pfiv.Apv PD[Qy Terms ofUse Copyright® 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA F n,,., , IS i 1 rl r-u • • m Rl 1,013, 1 Z - j PR�P55 N S� .1$59 o A'z Cad 9s N 33 5p 1 FL 9� M oork � Retum Recel, H � - 0 (Endorsement Req GysO20 9 ere E:3 Restricted Delivery (Endorsement Req�ii C3 D" Total Postage & Fees s ri ;-'-T oet, Apt. No.;0 O Box No. PS Form 3800. August 200E Bgsmess, Cuetomer_Gateway f, u http://trkcnfrm 1. smi.uses.con/PTSInternetWeb/InterLabellnciuirv.do 6 8/20/2009 AFFIDAVIT OF MAILING JAMES ADGERRIN Respondent(s): EJ PROPERTIES LLC 798 NW 55TH ST MIAMI FL 33127 -1859 CESD20090009150 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) WN--otice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines ❑ Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet Other: I, Delicia Pulse (Code Enforcement Official) Code Case CEB # hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at See Above Stated Address (Address) On this day of20 09 Signatur Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Swnrn to (or affirmed) and subscribed before me this 1 day of .l L)200 1 by tie \ C. �u -C persomaking statement) a (Signature of No Public) (Print, type or stamp Commissioned name of Notary Public) Personally Known Produced Identification Type of Identification Produced NOTARY pU8I UTATE OF FLE?WA Indira Rajah - Commission #DD727241 •,, ,,,,,,r` Expires: DEC. 07., 2011 soxngn Kn:�arte �trta eors�e. Affidavit of Mailing Original to File Rev 6/03 W Case Number: CESD20090009150 Date: July 22, 2009 Investigator: Ed Morad Phone: 239-252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: EDGERRIN JAMES, TITLE MGRM FOR EJ PROPERTIES LLC 798 NW 55TH ST MIAMI FL. 33127 Registered Agent: LEONARDO D STARKE ESQ 3340 MCDONALD STREET MIAMI FL. 33133 Location: 407 3rd ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: Legal 4 47 29 COMM AT SE CNR OF N1/2 OF SW1/4 OF SE1/4 OF SE1/4, W 30FT TO POB, N 121.30FT W 221.78FT, S Folio: 125520009 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 applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected moved added to altered utilized or allowed to exist and/or no land alteration shall be Permitted without first obtaining the authorization of the required Permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Dwelling units plumbing fixtures being replaced with new plumbing fixtures. New wiring replacing the old existing wiring, both without first obtaining the authorization of the required Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described improvements to dwelling units and request inspections to be performed and pass, and obtain a certificate of occupancy/completion. Or obtain a Collier County Demolition Permit and remove all improvements, request inspection, and certificate of completion. ON OR BEFORE: August 3, 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 '14 Investigator Signature Ed Morad DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2441 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date N I USPS - Track & Confirm Page 1 of 1 UNITEDSTATFS POSTAL SERVICE" Track & Confirm Search Results Label/Receipt Number: 7008 1830 0000 0090 3623 HOm. e. I Help I Sign_.Ln. Track &. Confirm FAQs Service(s): Certified Mailp Track & Confirm Status: Notice Left Enter Label/Receipt Number. We attempted to deliver your item at 4:58 PM on July 29, 2009 in MIAMI, _ ._ _ ..._.__ _- . ..-_....... FL 33127 and a notice was left. You may pick up the item at the Post Office indicated on the notice, go to www_u. sps.co.mlredeliver or call 800-ASK-USPS to arrange for redelivery. If this item is unclaimed after 30 days then it will be returned to the sender. Information, if available, is updated periodically throughout the day. Please check again later. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Gns .y i;j'.e r=`.ap Customer Service Forms Gov't Services Careers Privacy Policy Terms of Use Business Customer_ Gateway Cu„.yright;i' 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA U.S. Postal Services., CERTIFIED MAIL, RECEIPT (Domestic Mai! Only; No Insurance Coverage Provided) rn For delivery information visit our webslte at www.usps.com;; C PROPERTIES - :Re. 127 C3 (Eno NW 55TH STREET tl'lll' t CO Tot -■ C L-.ust 200F. See Reverse for Instructions 9 AFFIDAVIT OF MAILING ATTN-DAMES EDGERRIN MGR FOR Respondent(s): EJ PROPERTIES LLC 798 NW 55TH STREET MIAMI, FL 33127 CESD20090009150 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Nstice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines [] Citation ❑ Notice to Appear El Code Enforcement Board Evidence Packet ❑ Other: I, Delicia Pulse (Code Enforcement Official) Code Case CEB # , hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at See Above Stated Address (Address) On this day of 20 09 Signat e STATE OF FLORIDA COUNTY OF COLLIER Customer Service Specialist Title Sworn to (or affirmed) and subscribed before me this —— day of �yw 200 , by _ b e. yvc-L `t'u\ c -'r- (Nannof per on mak' S,tateme ) h (Signature of Notary Pub ' ) Personally Known Produced Identification Type of Identification Produced (Print, type or stamp Commissioned name of Notary Public) i aMy PUBUCsSTATE OF FLORmA ,,•,"..,, Indira Rajah j _CGinission#DD727241 )expires: DEC. 07, 2011 $QPIDED THR,tJ ATLANTIC BONDING CO., INC. NOTA" PUBLiG t*ATE OF FLORMA r'••�'j „ r41 fyire . r , .. 1 B EU i i nTLi i21' s iilij ; Cv., 4aC Affidavit of Mailing Original to File Case Number: CESD20090009160 Date: July 22, 2009 Investigator: Ed Morad Phone 239- 252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION LEONARDO D STARKE ESQ REGISTERED AGENT FOR EJ PROPERTIES LLC 3340 MCDONALD STREET MIAMI FL. 33133 Owner: EJ PROPERTIES LLC 798 NW 55TH ST MIAMI FL. 33127 Location: 407 3rd ST Immokalee, FL Unincorporated Collier County Zoning Dist: VR Property Legal Description: Legal 4 47 29 COMM AT SE CNR OF N1/2 OF SW1/4 OF SE1/4 OF SE1/4, W 30FT TO POB, N 121.30FT W 221.78FT, S Folio: 125520009 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 applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required Permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Dwelling units plumbing fixtures being replaced with new plumbing fixtures. New wiring replacing the old existing wiring, both without first obtaining the authorization of the required Collier County Building Permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described improvements to dwelling units and request inspections to be performed and pass, and obtain a certificate of occupancy/completion. Or obtain a Collier County Demolition Permit and remove all improvements, request inspection, and certificate of completion. ON OR BEFORE: August 3, 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 Investigator Signature Ed Morad 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2441 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date /Q—�' USPS - Track & Confirm Page 1 of 1 UNITEDSTATES P(1�'f.QL S159WEo Home I Help. Sign -in �. _ bird ?� ��'"�3w*s ._, .._ •� :-a aA.i��' -- �°��'�`-::s'.r3 �. -- :? Track -&_Confirm FAQ§ `rack & Confirm Se8rGh Results Label/Receipt Number: 7008 1830 0000 0090 3630 Service(s): Certified Mailw Status: Delivered Your item was delivered at 3:47 PM on July 29, 2009 in MIAMI, FL 33133. Detailed Results: • Delivered, July 29, 2009, 3:47 pm, MIAMI, FL 33133 • Notice Left, July 28, 2009, 4:40 pm, MIAMI, FL 33133 I+olificat on Track & Confirm Enter Label/Receipt Number. i Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Ga of S trap Customer Service Forms Govt Services Careers Privacy Policy Terms of Use Business Customer Gateway t+ra;.i Copyright: 2009 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Ih a rr r€Rs 11+A t t r: it o; a yrn iO (Domestic I .Coverage Provided) _0 -For delivery information visit our website at www.usps.comi; o LEONARDO D STARKE (R/A) 0 3340 MCDONALD STREET n MIAMI, FL 33133 R (Endors CESD20090009160 O C3 Restrit Q (Endorser,..- nuqurrovj m cO Total Postage & Fees r=1 CO Fnl [. No.; -qp� Box No. s= 'S Form 3800. August 2006 See Revc 113 AFFIDAVIT OF MAILING Respondent(s): LEONARDO D STARKE (R/A) 3340 MCDONALD STREET MIAMI, FL 33133 CESD20090009160 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) Notice of Violation ❑ Notice of Hearing ❑ Notice of Hearing/Imposition of Fines 0 Citation ❑ Notice to Appear ❑ Code Enforcement Board Evidence Packet ❑ Other: I, Delicia Pulse (Code Enforcement Official) Code Case CEB # , hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at See Above Stated Address (Address) On this day of 20 09 Signature Customer Service Specialist Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this 2 3 day of 200 `ti , by 11Q:gU`S-e— (No,p of pe son making sptemt) (Signature of Notary Pu 1c) (Print, type or stamp / Commissioned name of Notary Public) 110,�. p�gjja;gTATE OF FW10A Ins im Rajah Personally Known Commission # 1)D727241 Produced IdentificationEx ljze5; DrC. 07, 2011 Type of Identification Produced BMEDTH.i3 Ar6AMr-139NDINGCO.,INC �y Affidavit of Mailing r)riainal to POA n __. i— COLLIER COUNTY LAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION Tallahassee, Florida 2004 16 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 USES, 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 OF ENDAN- 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. 6.02.00ADEQUATE 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 NONCONFORM ITIES, 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 APPLICATION, REVIEW, AND DECISION -MAKING PROCEDURES 10.02.06 A.2. 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. 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 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 Supp. No. 2 LDC10:85 );L Book 3523 - Page 1986 Page 1 of 1 ij Pst1111t1s LLC eE-UCOV1D it the npircixt ucons of carp n con 158 a 55=R SZ 03/18/2004 at 05:55aU! 011271. BROCK, Cull ICI�I F1 331I1 THIS QUITCLAIM DEED, Executed. this! th day of Febru.. 2004 by first l James whose post office address is 70,9 Hendry Street, hrimokalee, Florida 341 party, EJ Properties. LLC. whose post cftice address is 798 NW 55 Street 33 l Vi WUNESSETH, That the said first party, for good consideration and f- rr the sur by the said second patty, the receipt whereof is hereby acknowledged, does ha rely and quitclaim unto the said second party forever, all the right, title, inte which the. said first party has ireand to the following described peel of land, a and appurtenances thereto in the County of Lollliq Mate of Fl„ lorid to wit:. gal Add s: 407 3rd Strout South 44 47 29 Comm at SE Corner of " X112 of SWIM of SE114 of SEJA W 30FT to POBp ;North 121.301*T W 221.79FT South I2I.32FT'W 22I.86F3' 2 POB, Fotia Number; 00125520009 AKA Lot } or 810 pg 6 IN WITNESS WHEREOF, The said first party has signed and sealed these: pre the day, and year first above written_ sealedd STATE OF N4AT rk T"%►1'%Tl . 17r RI.s of - First e httn://www. collierannraiser.com/viewer/Imaee. asD?Percent=&ImaaeID=319835 l 8/18/2009 COLLIER COUNTY CODE ENFORCEMENT BOARD � u � �L�i�IZIIZIIIZIZ!j��l] Board of County Commissioners, Collier County, Florida Vs. EJ Properties LLC Edgerrin James Title MGRM Leonardo D Starke ESQ, Registered Agent Violation of Ordinance/Section(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Ed Morad, Code Enforcement Official Department Case No. CESD20090009150 DESCRIPTION OF VIOLATION: Failure to obtain Building and Land Alteration Permits, Inspections, and Certificate of Occupancy as required. 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: Obtaining a Collier County Building and Land Alteration Permits, request all required inspections to be performed and pass thru Certificate of Occupancy as required or obtain a Collier County Demolition Permit and remove all improvements, request all required inspections to be performed and pass thru a certificate of completion/occupancy within days of today's hearing or a fine of per day will be imposed for each day the violation exist. 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. CESD20090009150 EJ Properties LLC Edgerrin James, Title MGRM Leonardo D Starke ESQ, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Arthur James, on behalf of EJ Properties LLC 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 CESD20090009150 dated the 24 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building and Land Alteration Permits, request all required inspections to be performed and pass thru Certificate of Occupancy as required or obtain a Collier County Demolition Permit and remove all improvements, request all required inspections to be performed and pass thru a certificate of completion/occupancy within (W da s of today's hearing or a fine of*lgoq(per day will be imposed for each day the violation exist. 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.•td enfo0d4,TtSe1,pff.Visior1s7of this agreement and all costs of abat ent shall be assessed to the property owner. i I esponden epresentative (sign) Diane Flagg, Dire oy— Code Enforcement Department Respondent or Representative (print) Date Da e REV 4124/09 Reto: V/*** 3362456 OR: 3523 PG: 1986 *** t/ IJ PROP1RT213 LLC RE-11CORDID in the OPPICIAL RECORDS of COLLIIR COMM, IL 798 I1 SSTI ST 03/18/2004 at 09:55AI DWIGHT I. BROCI, CLI1I RIC 111 6.00 MIAII IL 33127 QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 6th day of February, 2004. by first party Jeffrey S. James whose post office address is 709 Hendry Street. Immokalee, Florida 34142 to second party, EJ Properties. LLC whose post office address is 798 NW 55 Street, Miami, Florida 33127. WITNESSETH, That the said first party, for good consideration and for the sum of V 0.00 paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim W y which the said first party has in and to the following described parcel of land, and improvements J H and appurtenances thereto in the County of Collier, State of Florida, to wit: r Legal Address: 407 3'r Street South 4 47 29 Comm at SE Corner of N112 of SW114 of SE11, -� SE1/4, W 30FT to P( iff, 121.30FT W 22,P ,South 121.32FT, W r2iJ' 6FT Z POB, AKA 9"pr 810 pg 619 Folio Number: 001255200W % S µ _ 1L'----__,f-) IN WITNESS WHEREOF, Thei4d -14r ti ` sWed these presents the day and year first above,wrike4 Sign , sealed�and d li red � esence of: STATE OF }CIJLId�c. x COUNTY OF 0 H HOn q before y shb io )- A o to pro ed t eon the b satisfactory evidence) to be the'person s whose name(s) is/are subscribed to the within instrument and acknowledged to me that a he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of 7hjch)the person(s) acted, executed the instrument. O ' SS m d o cial seal. 3 O x W 0 F z A� Affiant: Known Unknown or Sherry L. Caetano _� Commission M CC945766 ID Produced: 'T " Ex ires t f Bonded Thru AUentic Br.nding, Co. Inc. � [Seal] I sr �3 ` w 0 i O w N ti �o ac iC7 m4 w to O �� Co n o-+ Lim S O ao r 30 a9C �o ra rb a.n a oao BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090009150 EJ Properties LLC Edgerrin James, Title MGRM Leonardo D Starke ESQ, Registered Agent Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Arthur James, on behalf of EJ Properties LLC 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 CESD20090009150 dated the 24 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 October 22, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Obtaining a Collier County Building and Land Alteration Permits, request all required inspections to be performed and pass thru Certificate of Occupancy as required or obtain a Collier County Demolition Permit and remove all improvements, request all required inspections to be performed and pass thru a certificate of completion/occupancy within days of today's hearing or a fine of per day will be imposed for each day the violation exist. 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 td enfoi`ce,lhe'-pr Visions -'of this agreement and all costs of abat ent shall be assessed to the property owner. espond epresentative (sign) Diane Flagg, Dire or.----', Code Enforcement Department Respondent or Representative (print) 1 Date Date REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. EJ Properties, Edgerrin James Title MGRM Inv. Ed Morad Department Case No. CESD20090009150 INVESTIGATIONS Hours Per Hour Total FINDING OF FACT HEARING Copy Costs & Mail Fees Pages Copies Per Pape Total Black & White 18 234 0.022 $5.15 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 $21.29 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $68.00 IMPOSITION OF FINES HEARING Copy Costs & Mail Fees Pages Copies Per Page 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 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $89.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. John E. Crimmel, Jr., Respondent DEPT No. CESD20090004481 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-10 Deed 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. JOHN E CRIMMEL JR, Respondent(s) NOTICE OF HEARING Case: CESD20090004481 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Perm it22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 1390 Delmar LN Naples, FL SERVED: JOHN E CRIMMEL JR, 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 AREA 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 NOTIFICACIONEsta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles an la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. For favor traiga su propio traductor. Avdtisman — Tout odisyon yo fat an angle. Nou pan gin moun you I'd tradiksyon. Si ou pa pal6 angl8 tanpri vini av§k you int6pribt you palg you-ou. Fj_ COLLIER COUNTY, FLORIDA Code Enforcement Board COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20090004481 John E. Crimmel Jr, 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 Special Magistrate, for the following reasons: 1. Violation of Ordinance(s) 04-41, as amended, the Collier County Land Development Code; Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e), 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: Wooden gazebo with electric built without first obtaining Collier County approval, necessary permits, required inspections and certificate of completion. 3. Location/address where violation exists: 1390 Delmar Ln Naples, FL 34104 / Folio# 24831560009 4. Name and address of owner/person in charge of violation location: John E. Crimmel Jr 1390 Delmar Ln Naples, FL 34104 5. Date violation first observed: May 6`l, 2009 6. Date owner/person in charge given Notice of Violation: Notice of Violation served to John E. Crimmel Jr on May 18'h, 2009 7. Date on/by which violation to be corrected: June 20d', 2009 8. Date of re -inspection: Last re -inspection occurred on September 2nd 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 Special Magistrate for a public hearing. Dated this 2nd day of September, 2009 STATE OF FLORIDA COUNTY OF COLLIER Thomas Keegan Code Enforcement Investigator Sworn to (or affirmed) and subscribed before this 22nd day of Se tember, 2009 by Thomas Keegan kt�� (Signs e f ) (Print/Type/Stamp Commissioned Name of Notary Public) Pu lic Personally known or produced identification NOTARY PUMIC STATE Al? FLURIDA Maria W. Hernandez REvs-2o-os + `--Commission#DD857656 �.�►?.` Expires: FEB. 03, 2013 BONDED THRQ ATLANTIC BONDING CO., INC. Case Number: CESD20090004481 Date: May 08, 2009 Investigator: Thomas Keegan Phone: 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CRIMMEL JR, JOHN E 1390 DELMAR LN NAPLES, FL 34104 Location: 1390 Delmar LN Naples, FL Unincorporated Collier County Zoning Dist: RSF-4 Property Legal Description: BROOKSIDE UNIT 1 BLK C LOT 10. Folio: 24831560009 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) 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)(2) 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) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 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.: 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 : 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... : 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. : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE ViOLATION(S). Did Witness: Wooden gazeebo with electric built without first obtaining Collier County approval, necesarry permits, required inspections and certificate of completion. 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. 2)Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure(mprovements. 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. 3)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. 4)Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. ON OR BEFORE: 0610bk2X9 y-NC) r Failure to correct violations may resul� in: d, 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 nvestig for Signa Phone: 239 252-2440 FAX: 239 252-2343 Thomas Began igna ure and Title of Recipient Printed Name of Recipient — cs� W Date q 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.O3.00 RULES OF UNT ONT,TSEC� 11 Q6,SEC. 1.04.00 00 RULES OF APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTERPRETATION, SEC, 1,07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; TS AND USES; INCLUDING SEC. 2.01.00 GENERALLY, SEC. CHAPTER 2 - ZONING DISTRIC 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 OF ENDAN- 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 NONCONFORM ITIES, 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 S 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 § 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 concerning 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 concerning 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 substantive 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 97-1T7 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 0 10 02.06 A.2 i v.u"-.vd n. i . 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. Supp. No. 2 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 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 LDC10:85 r: 1 U.U2.UU B.1. 1 U.U� Ub b.1 5upp. No. 2 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. 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. H. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building 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. 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). LDC10:86 • 0 Chapter 1, Section 111 - SERVICE UTILITIES [Send to printer I Save to computer] SECTION III SERVICE UTILITIES 111.1 Connection of service utilities. 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. 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 in case 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 disconnecting, 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 ror copyright lc) information. ,,;1.,4;-- l•n,r,/r�,i_avohnar,a rill 7r,n=�iitnhrirx��i-1'1=(1'O�,S(�:we1�Cr�ntei�#°/nSC}c�i��i_.. 4/30/2009 q Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re - vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, pennitting is not required. 10 3995627 OR: 4205 PG: 3055 RECORDID in OiPICIA RECORDS of =111 COUNTY IL 01/0212007 at D8, IAX DUM 1, 110a, C411E He 111 18.50 DOC-.10 .70 Reta: NAPLIS TITU PICI 0P QUIT CLAIM DEED TIIISINUENTURE, made this d day of December, 2006, between John S. Crimmel, Jr. and Gayla Bowden, of the County of collier, State of Florida, hereinafter M called the "Grantors"; and John B. Crimmel, Jr., whose Post Office address is 1390 Delmar Lane, Naples, FL hereinafter called the "Grantee". Z WITNESSETH: 'THAT THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration to the Grantors paid by the Grantee, the receipt of which is hereby acknowledged, do hereby grant, Bargain, sell and convey unto the said Grantee the following described real estate, situated in Collier County, Florida, to wit: LOT 10, BLOCK C, 13ROOXSIDS SUBDIVISION, UNIT NO. 1, ,ACCORDING TO TES PLAT THEREOF, RXCORMM IN PLAT BOOK 4; PAGE 72, PUBLIC RECORDS OF COLLINR COUNTY, FLORTDA. Parcel Identification Ntuaber: 24831560009 StMxTECT TO easements reservations and restrictions of record and taxes for 2006 and subsequent years. T©HAVEA.NDTUHUI.0 the same together with all and singular the appurtenances thereunto belonging or in any way appertaining, and all of the estate, right, title, interest and claim whatsoever of the said Grantors either at law or in equity, to the only proper use, benefit and behoof of the said Grantee. IN WITNESS NygEREOF, the said Grantor has executed this instrument on this ' day of December, 2006, SignTdX sealed and delivered in the presence of: 'Kt SIGN: Sim f http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=429298 9/2/2009' l BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090004481 John R. Crimmel Respondent(s), STIPULATION/AGREEMENT � rnlrt21, on behalf of himself or as representative for COMES NOW, the undersigned, 6%o -,. Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090004481 dated the 18th day of May, 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 October 22nd, 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. Wooden gazebo with electric built without first obtaining Collier County approval, necessary permits, inspections and certificate of completion at 1390 Delmar Ln Naples, FL 34104 / Folio# 248315600009 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 87.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for all necessary building permit(s) or demolition permit, request all required inspection(s) through to certificate of completion to bring property into compliance within sixty days of this hearing or a fine of $200.00 a 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 6Res;f4dnt tement shall be assessed to the property owner at Tr. or Representative (sign) Diane Flagg, Director Code Enforcement Department % ©/oLIA Respondent or Representative (print) Date 42--21-s Date REV 4/24/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090004481 John R. Crimmel Respondent(s), STIPULATION/AGREEMENT �r ox J, on behalf of himself or as representative for COMES NOW, the undersigned, C)Nn ,--� r Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20090004481 dated the 18th day of May, 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 October 22nd, 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. Wooden gazebo with electric built without first obtaining Collier County approval, necessary permits, inspections and certificate of completion at 1390 Delmar Ln Naples, FL 34104 / Folio# 248315600009 THEREFORE, it is agreed between the parties -that the Respondent shall; 1) Pay operational costs in the amount of $ 87.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for all necessary building permit(s) or demolition permit, request all required inspection(s) through to certificate of completion to bring property into compliance within sixty days of this hearing or a fine of $200.00 a 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 rof a lt atement shall be assessed to the property owner (:Re7�s—d4nt or Representative (sign) Diane Flagg, Director Code Enforcement Department _ �► 2 it mfG l_._ / ©/�/ln 9 Respondent or Representative (print) Date /2 ,.21 -c2 Date REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. John E. Crimmel Jr. Inv. Thomas Keegan Department Case No. CESD20090004481 Hours FINDING OF FACT HEARING I Copy Costs & Mail Fees Pages Copies Per Page Total Black & White 12 156 0.022 $3.43 Color 0 0 $0.75 $0.00 Three -Hole Punch $3.00 Mail $13.14 $13.14 $19.57 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 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $68.00 IMPOSITION OF FINES HEARING I Copy Costs & Mail Fees Pages Copies Per Page 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 $0.00 Pages Per Page Document Recording (First Page) 1 $10.00 $10.00 Document Recording (Adds Pages) 3 $8.50 $25.50 $0.00 Total Operational Costs $87.57 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Domenic P. Tosto a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust, Respondent CEB NO.2007-32 DEPT No. 2005010592 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3-10 Affidavit(s) 11 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2006010592 DOMENIC P TOSTO a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Livinq trust, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: NON -CONFORMING STRUCTURES UNSAFE BECAUSE OF LACK. LOCATION OF VIOLATION: Folio # 01199120007 SERVED: Domenic P. Tosto, Domenic Tosto & Joanne M. Tosto, Trustee of the Tosto Family Living Trust, Respondent James Seabasty, 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 AREA PERSON WITH A DISABILITY WHO NEr' DS 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 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2005010592 Board of County Commissioners vs. Domenic P. Tosto a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust, Respondent(s) Violation(s): Collier County Ordinance 04-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, 12, 15 & 16 & Collier County Ordinance 2005-44, The Litter And Weeds Ordinance, Sections 7 & 8 Location: Folio # 01199120007 Description: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic and paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special Treatment"(A-ACSC/ST) zoned property. Past Order(s): On April 26, 2007 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 4224 PG 0252, for more information. The Respondent has not complied with the CEB Orders as of October 22, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $212,545.34 See below. Order Item # 2 & # 6 Fines at a rate of $250.00 per day for the period between June 28, 2007- October 22, 2009 (845 days) for the total of $211,250.00. Fines continue to accrue. Order Item # 10 Operational Costs of $1,295.34 have not been paid. n%I Retn: 4054485 OR; 4265 PG; 1069 CODE INFORCRUNT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 H HORSESHOE DR 08/02/2007 at 09:34AN DAIGHT E, BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-32 vs. DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST Respondents ORDER ON REQUEST FOR EXTENSION OF TIME REC FEE 18.50 THIS CAUSE came on for public hearing before the Board on July 26, 2007, on the Respondents' Motion for an Extension of Time. The Respondent appeared in person. The Board, having heard argument, testimony under oath, received evidence respective to all appropriate matters, thereupon issues the following: FINDINGS OF FACT 1. That the parties entered into a Stipulation Agreement and an Addendum thereto on April 9, 2007 and April 26, 2007 respectively. 2. That the Board issued an Order on April 30, 2007 approving the Stipulations. 3. That the Board `s Order stated, in part, that the Respondents may petition the CEB to modify the Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28, 2007, unless otherwise extended by the Code Enforcement Board. 4. That the Respondent has completed all applications and is awaiting state approval. The Respondent requests an extension to November 1, 2007. 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: The Respondent's Request for an Extension to November 1, 2007 is Granted. There will be no imposition of fines until after that date. 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. K, **x OR; 4265 PG; 1070 *** DONE AND ORDERED this?Lill day of %l (' 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FL/9RIDA,,/� Gerald Lefebvre ice Cha 2800 North rseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 1 The foregoing instrument was acknowledged before me this,)o day of -J' j 2007, by Gerald Lefebvre, Vice Chai 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. Kertt L Haft NOTARY PUBLIC APMy COR muion DD287na My commission expires: ExWres March 30, 2WO CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. T STO, TRU EE THE FAMILY LIVING TRUST, 9893 Clear Lake Cir., Naples, FL 34108 this day Of 2007. M. Jean Ra son, Esq. Florida Irar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 State of FLORIUA ;ounxy of COLUER HEREBY CER, IFY THNrthls is verbs and Correct copy 4t aCzti;`tc.':'srt" •'rfi ' i4x6E: In° Board 1r tr4i9tt is'u County y'VtS4-3S M r �.- 'd Pe9l this cry or c;:n= US, y Retn: BELINDA NARKU 4013365 OR: 4224 PG: 0252 RBC FEE CODE ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE DR 05/04/2007 at 09:57AM DNIGHT E. BROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-32 vs. DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO, TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST Respondents FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on April 26, 2007, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing and entered into a Stipulation and an Amendment to the Stipulation. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 109 Curacao Lane, Bonita Springs, Florida 34134, Folio 01199120007, more particularly described as (see attached Legals), of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 2004-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec. 15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance, Sections 7 and 8 in the following particulars: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic and paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special Treatment" (A-ACSC/ST) zoned property. 103.50 5 OR: 4224 PG. 0253 ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation and Amendment, which is 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 2004-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, Sec. 12, Sec. 15, and Sec. 16 and Collier County Ordinance 2005-44, The Litter and Weeds Ordinance, Sections 7 and 8 be corrected in the following manner: 1. By applying for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC/ST" zoned property in question and all seaward effected property by May 28, 2007. 2. By obtaining a complete and sufficient Collier County Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007. 3. By executing said demolition permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by October 28, 2007. 4. By removing all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier County Housing, Maintenance, Litter and Land Development requirements. The Respondent is in compliance with this paragraph. 5. That if the Respondents do not comply with paragraph 1 of the Order of the Board by May 28, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 6. That if the Respondents do not comply with paragraph 2 of the Order of the Board by June 27, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 7. That if the Respondents do not comply with paragraph 3 of the Order of the Board by October 28, 2007, then there will be a fine of $250 per day for each day that the violation continues past that date. 8. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection within 24 hours after abatement. 9. That the Respondents may petition the CEB to modify this Stipulation based upon the findings of an engineer's report of the premises. The engineer's report must be substantially completed by May 28, 2007, unless otherwise extended by the Code Enforcement Board. 10. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount'of $1,295.34. 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 , 2007 at Collier County, Florida. State 01 FLOR#UA ;ounty of COL UER i HEREBY CERTi -T-RA' {�{ correct copy of 4' ddcu,- n Board Minu*e..�s.,Ad RA-e� a f. TNESS my,Adrwl aid e�fc�1 may' 4WIinT E. BRBGK, fIERK-01 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA/ BY:� Zw �2.�.�f/ e =4# Sheri Barnett, Chair 2800 North Horseshoe Drive ue in Naples, Florida 34104 'dilier County 4W this OR: 4224 PG; 0254 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thi day of Pvo< % 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County; F &H a�-who-is. 9� personally known to me or who has produced a Florida Driver's License as identifica#i �LURBANO , N ARY PUBLIC 7 1" M commission ex ires:� P 9*• giber 22, 200 y P CHRISTINA L URBANOWSKI MY COMMISSION # DD 241717 ate= EXPIRES: November 22, 2007 Bonded Thru Notary public Underwriters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to U. S. Mail to DOMENIC P. TOSTO, a/k/a DOMENIC TOSTO,TRUSTEE, AND JOANNE M. TOSTO, TRUSTEE OF THE FAMILY LIVING TRUST, 9893 Clear Lake Cir., Naples, FL 34108 this day of , 2007. M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239)263-8206 !I BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. OR; 4224 PG; 0255 CEB NO.2007-32 DEPT. NO. 2005010592 Domenic P. Tosto a/k/a/ Domenic Tosto and Joanne M. Tosto, Trustee Of The Family Living Trust Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Domenic P. Tosto a/k/a Domenic Tosto and Joanne M. Tosto trustee of the Family Living Trust, on behalf of himself / itself, 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 2007-32, dated the 26th. day of APRIL, 2007. 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 26, 2007, 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.section(s) SEC. 6, PAR. 12, SEC. 11, SEC. 12, SEC. 15, and SEC. 16 of Collier County Ord. No. 2004-58, Also, violation(s) of section(s), SEC.7, and SEC. 8 of Collier Co. Ord. No. 2005-44 ,and are described as : No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame "seven" dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic, and paper items, left uncontained and unattended throughout this entire "AREA OF CRITICAL STATE CONCERN / SPECIAL TREATMENT" (A-ACSC / ST) zoned property, and adjacent (A-ACSC / ST) zoned properties. REV 2/23/06 OR: 4224 PG; 0256 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $ 1,295.34 incurred in the prosecution of this case. 2) Abate all violations by: Respondent(s) must apply for a Collier County Demolition Permit for the removal of all elements attributing to unsafe and unattended environmentally harmful conditions existing on the "A-ACSC / ST" zoned property in question and all seaward effected property, by May 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-a) Respondent(s) must obtain a complete and sufficient Collier Co. Demolition Permit for the removal of all elements attributing to the unsafe and unattended environmentally harmful conditions in question by June 27, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-b) Respondent(s) must execute said Demolition Permit by receiving all required inspections through to issuance of a Certificate of Completion for the removal of all unsafe, unattended environmentally harmful conditions and all resulting debris, to an approved site for final disposal and provide Collier Co. Code Enforcement with copies of receipts for all same disposal by Oct. 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. 2-c) Respondent(s) must also remove all weather damaged and wind driven structural elements, construction materials and other foreign materials originating from a wood frame stilt residence previously owned by a Mr. John Kotula and currently located throughout adjacent neighboring lots, to an approved site for final disposal, or arrange to remove all same by other lawful means, so as to comply with all Collier Co. Housing, Maintenance, Litter and Land Development requirements, by Oct. 28, 2007, or a fine of $250.00 per day will be imposed each day the violation continues. * Respondent(s) remedial efforts must comply with all Collier County Environmental requirements * 3) Respondent(s) must notify Collier County Code Enforcement to schedule a reinspection of all premises in question within 24 hours after abatement.. Respondent Michelle Arnold, Director Code Enforcement Department cl REV 2/23/06 OR: 4224 PG- 0257 L1 � or P5 fee a� ! e5 Aran Inc, � d s r � ► S SIN �, �� y � � a t at, I ` ec 1�5 j(e dr 0 im OD-7 Ph P c U�cwn�,4 'i - 3 10 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.2005010592 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Vs Domenic P. Tosto, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared James H. Seabasty, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on April 26, 2007, the Code Enforcement Board held a hearing and issued an Order in the above -styled matter and stated that Defendant(s) was to obtain a demolition permit an execute same as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4224 PG 0252. 2. That the representative John Tosto had contact with the investigator on October 1, 2009. 3. That staff s review was performed on October 9, 2009. 4. That the staff review revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Respondent has not complied with paragraph 2 of the order, by the agreed upon date of June 27, 2007. Violation remains, as John Tosto states he is waiting for DEP to make a determination on his permit application to rebuild the current structures. FURTHER AFFIANT SAYETH NOT. Dated October 9, 2009. COLLIER COUNTY, FLORIDA CO ENFORCNT BOARD Jar s H. Seab ty f STATE OF FLORIDA Code Enforce ent Official COUNTY OF COLLIER Sw tojafred) and subscribed before me this 9th day of October 2009 by James H (Signature of Notary Public) ow Notary Public State of Florida Colleen Davldsw My Commission 00558435 � nd Expires 05/30/2010 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known � Seabasty. REV 1/9/08 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO.2005010592 Board of County Commissioners vs. Domenic P. Tosto a/k/a Domenic Tosto, Trustee and Joanne M. Tosto, Trustee of the Family Living Trust, Respondent(s) Violation(s): Collier County Ordinance 04-58, The Property Maintenance Code, Section 6, Par. 12, Sec. 11, 12, 15 & 16 & Collier County Ordinance 2005-44, The Litter And Weeds Ordinance, Sections 7 & 8 Location: Folio # 01199120007 Description: No progress and a continuation of neglected maintenance and unsafe conditions relative to a storm damaged two story concrete and wood frame seven dome shaped residential structure. All same premises left unattended and a potential hazard. Also, litter and abandoned property consisting of, but not limited to, fire damaged, weather damaged, structural elements, plumbing installations, construction materials, metal, plastic and paper items, left uncontained and unattended throughout this entire "Area of Critical State Concern/Special Treatment"(A-ACSC/ST) zoned property. Past Order(s): On April 26, 2007 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 4224 PG 0252, for more information. The Respondent has not complied with the CEB Orders as of October 22, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $180,795.34 See below. Order Item # 2 & # 6 Fines at a rate of $250.00 per day for the period between November 2, 2007- October 22, 2009 (718 days) for the total of $179,500.00. Fines continue to accrue. Order Item # 10 Operational Costs of $1,295.34 have not been paid. WaldronJennifer From: The Monterosso REO Team [debjimm@yahoo.com] Sent: Monday, October 19, 2009 9:08 AM To: WaldronJennifer Subject: **Urgent** 3141 Pine Tree Drive Lien Search Request Results Hi Jennifer, Our team has been hired my FNMA for the management and resale of the above referenced home. It is my understanding that there is a hearing on 10/22 in regard to the home. How can we request a extension? Kindly send any necessary documents, etc to our team at your earliest convenience. At this time, we have multiple interested buyers who are aware of existing code violations and have made offer to purchase the home with intent to bring the home into code. Please also provide me some direction in regard to this situation. I look forward to your response. Respectfully, Becca Gallagher The Monterosso REO Team Amerivest Realty 10001 Tamiami Tr. N Naples, FL 34108 239/597-2319 (P) 239/597-2378 (F) www.Deb3imM.com Thank you for all you help with this matter. ----- Forwarded Message ---- From: PotterJanis <Jan isPotter@coll iergov. net> To: The Monterosso REO Team <debjimm@yahoo.com> Sent: Mon, October 19, 2009 8:16:18 AM Subject: RE: 3141 Pine Tree Drive Lien Search Request Results Good Morning, Becca: To request an extension for the hearing, you may contact Jennifer Waldron, Enforcement Supervisor at JenniferwaIdronPcolliereov net I will have the Investigator e-mail the case notes to you today. Have a good day! Janis Caroline Potter Collier County Code Enforcement TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Theodore W. & Karen L. Wasserman, Respondent DEPT No. CESD20080001776 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Irnposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080001776 COLLIER COUNTY, FLORIDA, Plaintiff, vs THEODORE W & KAREN L WASSERMAN, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 410 CRISTOBAL ST Naples, FL SERVED: THEODORE W & KAREN L WASSERMAN, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE -HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at 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 idioms Ingles. Servicios the tmduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traducmr, para un mejor entendimiento con las cornmicaciones de este evento. For favor traiga su Propio traductor. VA COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB, CASE NO. CESD20080001776 Board of County Commissioners vs. Theodore W & Karen L. Wasserman, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Location: 410 Cristobal St Naples, FL Folio# 52450200000 Description: Electrical boatlift added to the Westside seawall/property without first obtaining required Collier County building permits 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 2921, for more information. An Order of Continuance was granted see OR 4442 PG 2234. The Respondent has complied with the CEB Orders as of September 30, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $1,000.00 See below. Order Item # 2 Fines at a rate of $200.00 per day for the period between September 25, 2009- September 30, 2009 (5 days) for the total of $1,000.00, Order Item # 1 Operational Costs of $87.57 have been paid. NN CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, oW a 3 " ev COLLIER COUNTY, FLORIDA, " o M l : Petitioner, CEB NO.: CESD20080001776 r vs. O ..a a v THEODORE W. & KAREN L. WASSERMAN, 9 Respondents. FINDINGS OF FACT, CONCLUSIONS THIS CAUSE having come May 28, 2009, and the Board, havin all appropriate matters, thereupon i� follows: o� FA �7 Q of 0 co O 4- .A the Respondents and that the .eyed into a Stipulation. r' O d. bePq .. m c�v 4. That the real property locate ca# stob ples, FL, Folio #52450200000, more r--� particularly described as Lot 581, Isle of ,C7 o the plat thereof as recorded in Plat Book 3, Page 66 of the Public Records of Collier Coun , is in violation of Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 2004-41, as amended, the Collier County Land Development Code, in the following particulars: That Theodore W. and 2. That the Code Enforct Respondents, having been duly N Enforcement Board at public hearing on y under o ved evidence, and heard respective to of Fact, Conc sion of Law, and Order of the Board, as �o e s bject property. the of 3. That Respondents were no* f the date of hearing7/ Q (Ji Electrical boatlift added to the Westside seawall/property without first obtaining required 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. 04-41, as amended, it is hereby ORDERED: That the violations of Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 200441, as amended, the Collier County Land Development Code, be corrected in the following manner: 1. Respondents shall pay operational costs in the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing. 67 2. Respondents shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the above mentioned electrical boatlift, or apply for and obtain a demolition permit to demolish the structure as well as obtain any and all inspections and certificate of completion related to the demolition within 120 days of this hearing, or a fine of $200.00 per day will be imposed for each day the violation remains. 3. Respondents 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 Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions 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. STATE OF FLORIDA ) COUNTY OF COLLIER) The foregoing instrument Lefebvre, Chair,of the Code Enforci to me or who has produced a acknowledged be n gard of Collier th-i WANDA R"IGUEZ Curnibsion DD 631743 1 EVkw January 21, 2011 '71,q�, eoeewn.uT�rtiw.,.K.eooae�m,o CTW E 2 day of Jur e, 2009, by Gerald who is 41 personally known NOTARY PUBLIf✓ My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. 5. Mail to Theodore W. and Karen L. Wasserman, 410 Cristobal Street, Naples, FL 34113-8618 thisday of June, 2009. state of FLORIDA .:oumy of COLLER i HEREBY CERTIFY TNff Oft 1s a on mo wnect copy of a d©out>ltAtt Oa Board Minutes and '40%ESS awday d. E BROClPM � �� HEIDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239)252-8400 0 a-. 0 MAY-27-2009 16:21 FROM;TEDWASSERMAN 6 6099531025 TO:123%436632 P.1/1 AVI• 4 130ARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner. vs. Case No. ESD20 W�ssarman, Theodore W, and Karon L. Respondent(s), STIPULATIONJAGRE E MENT 'NOF-8 NOW, the undet809ned, Theod" Wasserman, on behalf of himself and wife Karen Wasserman enters into this Sttpulatlon And Agreement with Collier County or. to tho rocolutlon of Notk= of Violation in rererencx (cans) number CESID20080001776 dated the 22" d day of April, 2008, In Consideration of the disposition and resolution of the matters outlined in said Notice(s) of VWW*n for which A h""119 iS currently scheduled for May 2r, 2009; to promote efficiency In the administration of the code enforoement Mcce", and to obtain a quick and expeditious resolution of the MUM outlinW therein the parties hereto agree as follows. 1) The violations noted In the referenced Notice i l� oourate and I Stipulate to their erastence. meal boattift erected and added to w h of existin8 bostboute, witboat Ent obWnina required Collier �, >F np perm aE THEREFORE, it is agreed between the a Respondent cha 1) Pay operational costs in the a u of days of this hearing. i e pros tr n of this case within 30 2) Abate all violations by: Obtainm6 ' aft a' ='squired Collier Coun bu' o Omtrical boadiR within 120 days of r a so s, an c ifi f completion for the mentioned 0-0 ill r each day the violation. mmain. 4-1 Respondent may drrs►olish ttrucome by 'nQ a demondon cotnplatioe and remove MmSoned cl d ccrti5vate of cv Q lilt within 120 days Ing or a $200.00 fines will bo imposed for each day tllc violation cem ' tv 3) Rospendant must notify code enforce 's the Investigator o abatement of the violation and request a9 Perform a site inspection to co r4 hWn Alb ZW lS by Dt'm or h. In# made iancs. dM. Men Mc nOaAaalan aa�t ft ale vor><wa r lIN vlobWn If oblpd 21 DOUR poor a a mousy, swWay or ley be nhdc On lba next day that n net a &M day, Svc W Ipgo M04ft.) 4 That If the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the COI%r County SherNf o Office to en►orce the provisions of this 29MOment and all Costs of abatement shall be assessed to the Property owner, Respondent or RepreaeMative (Dion) *denforcoment ,Doepe tment Respondent or Reprosontstive (print) 213 f<D Date �/,) 710"q Date -'� REV IZfim V U 1 0)• r/ O A n 7/ 1 7/ r A 5 Retn: - COLLIER C011117 CODE III IISEROFFICI AM: JE1 WALDRON 4281505 OR; 4442 PG: 2234 RECORDED in the OFFICIAL RECORDS of COLLIBR COQ1'YY, YIEC F11 04/09/2009 at 09:09AM DWIGBT 1. BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. THEODORE AND KAREN WASSERMAN, Respondents CEB NO. CESD20080001776 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on March 26, 2009, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly cj� advised in the premises, hereby GRANTtIT2�a tlkjt�,l1T)FR nF TLTFR Based upon the foregoi and Collier County Ordinance That the Respondents 162, Florida Statutes, will be heard on May 28, 2009. Any aggrieved party may a e' oral order of the Boar ircuit Court within thirty (30) days of the execution of the Order appeale .i earing 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 :?4*9 day of _, 2009 at Collier County, Florida. CODE ENFORCEMENT BOA COLLIER COUNTYl1?L01zz BY: Gerald Lefe�Chh 2800 North orseshoe Drive 'tarp Of FLORIN^ Naples, Florida 34104 :oungr of COLLIER ! HEREBY CERTIFY=%SAWWA lornct copyof a so Bosh Minutes and Ss 81V "Ana ea off offww clay orz� MI E. SROG 18.50 81 *** OR: 4442 PG: 2235 *** STATE OF FLORIDA )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .5 Lfl day of Q, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, whb is personally known to me or ✓ who has produced a Florida Driver's License as identification. .tom NOTARY PUBLIC s "' My commission expires: �? AY COAMAISSION A DD 686595 P ' EXPIRES: June 18,2011 Bwdea rnru na,y wbib udwvnk- CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Theodore & Karen Wasserman, 410 Cristobal Street, Naples, FL 34113 this IJ%4—day of 2009. ' aw n, Esq. orida B No 750311 e the Code Enforcement Board F A enu S., Ste. 300 a s, to i a 4102 (23 a �, ct�C� COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Wasserman, Theodore W. and Karen L., Respondent(s) AFFIDAVIT OF COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER CEB CASE NO.20080001776 BEFORE ME, the undersigned authority, personally appeared Azure Sorrels, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on May 28`i', 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 4460 PG 2921, et. seq. 2. That the respondent didcontact the investigator. 3. That are -inspection was performed on September 30`h, 2009. 4. That the re-inspection(s) revealed that the corrective action ordered by the Code Enforcement Board was in compliance by obtaining a demolition permit and removed the unpermitted boatlift. FURTHER AFFIANT SAYETH NOT. Dated October, 1 st, 2009. STATE OF FLORIDA COUNTY OF COLLIER ER COUNTY, FLORIDA ENFORCEMENT BOARD Sorrels Enforcement Official Sw to (or affirmed)'and subscribed before me this, 1" day of October, 2009 by Azure Sorrels. � A-), � Cj,� ( gnature of NotaryIic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known q TNotary Public State of Florida Colleen Davidson My Commission DD558435 Expires J5r;s01 010 Rev 1 /9/2008 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Jose Rodriguez, Respondent DEPT No. CESD20080003864 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080003864 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RODRIGUEZ, JOSE, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 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)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles m la audiencia y usted sera responsable de proveer so propio traductor, para on mejor entendimiento con In comunicactones de este evento. For favor traiga su propio traductor. WA COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN 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. La, 10.02.06.B. Le and 10.02.060.B. Le.i Location: 607 Glades St. 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 October 22, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $11,886.71 See below. Order Item # 2 Fines at a rate of $200.00 per day for the period between August 25, 2009- October 22, 2009 (59 days) for the total of $11,800.00. Fines continue to accrue. Order Item # 1 Operational Costs of $86.71 have not been paid. 'am Retn: ENVIRONMENTAL COD; ENFORCEUNi INTEROFFICi ATTN: JEN WALDRON SERVICES 4291084 OR; 4449 PG; 2446 RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 05/05/2009 at 1'.:2_A!( DWIGHT E. BROCK, CLERK CODE ENFORCEMENT BOARD RIC FEE COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. JOSE RODRIGUEZ, Respondent. CEB NO. CESD20080003864 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE having come before the Collier April 23, 2009, and the Board, having h respective to all appropriate matters, Order of the Board, as follows: That Jose Rodriguez 2. That the Code Er Respondent, having been 3. That the Respondent w4�.ANtified of the date of Enforcement Board at public hearing on h, received evidence, and heard Fact, Conclusions of Law, and the Respondent and that the entered into a Stipulation. mail and by posting. 4. That the real property loc e=a 607 Glades Street, I , FL, Folio 63857400007, more particularly described as Lot 5 and 2, New Mark sion, according to the plat thereof recorded in Plat Book 1, Pages 104 an 5�b of Collier County, Florida, is in violation of sections 10.02.06.B. La, 10.02. � .06.B. Led. 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 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. 04-41, as amended, it is hereby ORDERED: That the violations of sections 10.02.06.B. La, 10.02.06.B. Le, and 10.02.06.B. Le.i. of Collier County Ordinance 0441, the Land Development Code, as amended, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.71 incurred 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 $200 a day will be imposed until the violation is abated. 27.00 3 OR; 4449 PG; 2447 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 4. If the Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this Order with all costs assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this day of April, 2009, at Collier County, Florida. G� STATE OF FLORIDA ) COUNTY OF COLLIER) CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA _ II -TA The foregoing instrum t s``se`fCfiO*Wf Lefebvre, Chair of the Code En en Board of known to me or _ who has e a ed a Florida WANDA RODRIGUEZ C% — y; :+= C mlissIw DD 631743 �� Y Eon Jarwary 21, 2011 '?qE$� eonaen.ur�w,n.,.resou��ois 104 'IC'G expires: CERTIFICATE OF SERVICE ty of April, 2009, by Gerald who is personally I HEREBY CERTIFY that a true and correct copy o is ER has been sent by U. S. Mail to Jose Rodriguez, P.O. Box 703, Immokalee, FL 34142 this ay of April, 2009. JLa'e O+ FLORIDA :oumy Of COWER _ I HEREBY C1 OIFY 'orrea COD 'Of 8 tlmC Board Mint(* Cori v' ;WIT"' T'I@ N. sons" 18 to � � 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 q *** OR; 4449 PG; 2448 *** BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Jose Rodriguez, Respondent(s), STIPULATION/AGREEMENT Case NO. CESD20080003864 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 CESD20080003864 dated the 180 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) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Bedroom and bathroom addition built tofrsrtl without first obtaining proper Collier County Permits. � 'V THEREFORE, it is agreed between t e les that the Responde shays„--- r• 1) Pay operational costs in th am unftf`$8R.7" cu rrgd in the ose ution of this case. ',j rhtn -�D 3 (4.'5 2) Abate all violations by: `-4 h v-'ry-j Obtaining a Collier Count bu i t, n ons, ce is to of completion with 120 days of this hearing or a fine of $ 0 per day will be i osed unti violation is abated OR obtaining a Collier County demolition inspections, an I ifi a completion within 120 days of this hearing or a fine of $200.00 p ill be imposed until is abated. 3) Respondent must notify Code En d� ts� abatement of the violation and request the Investigator perform a site ins 1r1> lance. (24 hours notice shall be by phone or fax and made during 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 Sheriffs Office to enforce the provisions of this agreem . t`Z)lt Ct-b-r uh- espondent Print Date / C kDirector 09Z, n,:empartment_ Print V!7 Date ' t REV 1211,'03 V 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 05/24/09 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 SAYETH NOT. Dated 1" September 2009. COLLIER COUNTY, FLORIDA CODE RCEME BO Weldon J Walker. r. Code Enforceme facial STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this I" day of September 2009 by (Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known 4 ,pg 9va Notary Public State of Florida x6 Maria F Rodriguez ' - < My commission DD6329967 '�4cv Expires 0111612011 REV 1/9/08 X TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Federal National Mortgage Association, Respondent DEPT No. CESD20090003484 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20090003484 COLLIER COUNTY, FLORIDA, Plaintiff, vs FEDERAL NATIONAL MORTGAGE ASSOCIATION, 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: 10/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Utility Connection 111.1 LOCATION OF VIOLATION: 3141 Pine Tree DR Naples, FL SERVED: federal National Mortgage Association, 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 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 VNTH 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, pare un mejor entendimiento con les comunicacianes de este evento. Por favor traiga su propio traductor. J. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20090003484 Board of County Commissioners vs. Federal National Mortgage Association, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Chapter 22, Buildings & Building Regulations, Article II, Section 22-26(b) (104.1.3.5), Collier County Land Development Code, 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) & Florida Building Code, 2004 Edition, Chapter 1, Section 111.1 Location: 3141 Pine Tree Dr. Naples, FL Folio # 48780640001 Description: Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of completion. 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 2930, for more information. The Respondent has not complied with the CEB, Orders as of October 22, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $5,488.43 See below. Order Item # 2 Fines at a rate of $200.00 per day for the period between September 25, 2009- October 22, 2009 (27 days) for the total of $5,400.00. Fines continue to accrue. Order Item # 1 Operational Costs of $88.43 have not been paid. 30, INSTR 4341277 OR 4491 PG 1584 RECORDED 9/14/2009 3:18 PM PAGES 3 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $27.00 ' CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. DAWN & LINZEL T. JEFFREY, Respondents. CEB NO.: CESD20090003484 AMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER—OFORDER-OF THE BOARD a co THIS CAUSE having come be h LR.or�Ja , nforcement Board at public hearing on May 28, 2009, and the Board, havin a estimony under oat ed evidence, and heard respective to all appropriate matters, thereupon i sue �s Fiad' sink of Fact, Concl ion of Law, and Order of the Board, as follows: +l`1 That Dawn and Linzel T. J 2. That the Code Enforc( Respondents, having been duly 3. That Respondents were of t eon p j f the Respondents and that the did not appear at date of hearing. — 0 4. That the real property located aples, FL, Folio #/48780640001, more particularly described as Lot 17, Hallendale, f15at thereof recorded in Plat Book 4, Page 25, of the Public Records of Collier County, Florida, is in violation of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings & Building Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter I, in the following particulars: Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of completion. AND WHEREAS, due to a scrivener's error in which Item I of the Order of the Board was inadvertently omitted, in the original Findings of Fact, Conclusions of Law and Order of the Board in this matter recorded at O.R. Book 4460, Page 2930 et seq., it is necessary to file this Amended Findings of Fact, Conclusions of Law and Order of the Board. 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. 0441, as amended, it is hereby ORDERED: 3 OR 4491 PG 1585 That the violations of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings & Building Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1 be corrected in the following manner: 1. Respondents shall pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondents shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the conversion of the garage or apply for and obtain a demolition permit to demolish/remove all unpermitted alterations, returning the structure to its original permitted state within 120 days of this hearing, or a fine of $200.00 per day will be imposed for each day the violation remains. 3. Respondents 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 Respondents fail to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriff's Offic ce the provisions of this Order with all costs of abatement to be assessed to the property o g, c h , Any aggrieved party may final order of the the Circuit Court within thirty (30) days of the execution of the Order ppe F appeal shall not be he 'ng de novo, but shall be limited to appellate review of the record cre ted tli' Ming anAppie 1 shall of s y the Board's Order. DONE AND ORDERED thV► Md4y> f\A' iF ti ilbg9, aj Collier County, Florida. I <• ti 009lxijl C* COW91 ell CODE BOARD 1 HEREBY,C1~RM11, .. b COLLIER CO ORIDA t:a ;orrect coaY.Sdo6br�enl.on file in Board M nutes•eni3 Il°cd PS of tyotIler ESS•>T.tv.h a' •��t; of-181 seal t�� _d>i<jl bt.� BY: Q C .OF COURU erald J. LefebNT,Chair ,.y 2800 North H seshoe Drive lromm Naples, Florida 34104 Ilk COUNTY OFtOLLIER) The foregoing instrument was acknowledged before me this r� day of So—ftrk• 2009, by Gerald J. 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. WANDA RODRIGUEZ r ' A" = Commission DD 631743 l� y f F.)ires January 21, 2011 ;n• BadsJiMuTrryFYkural�98S7019 NOTARY PUBLIC My commission expires: q *** OR 4491 PG 1586 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this amended ORDER has been sent by U. S. Mail to Dawn Jeffrey and Linzel T. Jeffrey, 3141 Pine Tree Drive, Naples, FL 34112 this � day of 2009. LL nt- A—. HEIDI AS TON-CICKO, ESQUIRE 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 r� C r 6 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, �...�M Petitioner, CEB NO.: CESD20090003484 M Cy A 90 by � � M n VS. y °° DAWN & LINZEL T. JEFFREY, a a M Respondents. FINDINGS OF FACT, CONCLUSIONS a OF LAW AND ORDER OF THE BOARD o p W v p THIS CAUSE having come before the Collier County Code Enforcement Board at public hearing on o w May 28, 2009, and the Board, having heard th, received evidence, and heard respective to c all appropriate matters, thereupon issues ' j _44,sions of Law, and Order of the Board, as follows: �0 �: w e`' \rKs O 1. That Dawn and Linzel T. effr re e f t subje t pr erty. o 2. That the Code Enforce ent on f the Respondents and that the Respondents, having been duly oti d, did of e t u i e ng o 3. That Respondents were i d o the date of he r ram.. mm 4. That the real property I at 3141 Pine Tree , FL, Folio #48780640001, more .. � w particularly described as Lot 17, Ha according to the pi of recorded in Plat Book 4, Page 25, o of the Public Records of Collier Co 1 is in i Section 22-26(b) (104.1.3.5), Collier r County Code of Laws and Ordinances (C tali uilding Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of -41, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1, in the following particulars: °y Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of completion. a ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, as amended, it is hereby ORDERED: That the violations of Section 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances (Chapter 22, Buildings & Building Regulations, Article II), Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) of Ordinance 0441, as amended, the Collier County Land Development Code, and Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1 be corrected in the following manner: 2. Respondents shall apply for and obtain all required Collier County building permits, inspections, and certificate of completion for the conversion of the garage or apply for and obtain a demolition permit to demolish/remove all unpermitted alterations, returning the structure to its original permitted state within 120 days of this hearing, or a fine of $200.00 per day will be imposed for each day the violation remains. 3. Respondents 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 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 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 Y(� day of June, 2009, at Collier County, Florida. CEMENT BOARD Y, FLORIDA O , f BY: _ ebvr , ha > 00 No Horse hoe ve STATE OF FLORIDA )0 04 rn 0 COUNTY OF COLLIER)' The foregoing instrument clmowledged be Rd day of June, 2009, by Gerald Lefebvre, Chair of the Code Enforce and of Collier Co a, who is personally known w to me or who has produced a Flo Lic i' ication. iM' d WANDA RODRIG ;•: I +� Commission DD 631743 . =Expires January 21, ft2011 nNOTARY PUBLIC ea+oan,rA,w��,.m,s H My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been 4ent by U. S. Mail to Dawn Jeffrey and Linzel T. Jeffrey, 3141 Pine Tree Drive, Naples, FL 34112 this j -day of June, 2009. .4 k_CIC) -,01P. o; F LORIUA H IDI SHTON-CICKO, ESQUIRE :ouniy of COLLIER Florida Bar No. 966770 Attorney for the Code Enforcement Board i HEREBY CERTIFY THAT thi3 !S a #W gW OFFICE OF THE COUNTY ATTORNEY orrect Cony or a -Ocurnent on f118 in Harmon Turner Building lard Minutes Sri? of CROI.` so 3301 East Tamiami Trail /rTNESS my ranu ?.,,I otfjcl �. Naples, Florida 34112 S-+w aay of .� 1 f; `; (239) 252-8400 Z')WIE. BFtO CLERlt3E = ,nn/i rr'Memorandum To: Jeff Wright, Assistant County Attorney From: Code Enforcement Department Date: October 15, 2009 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Code Enforcement Board's order and/or for operational costs. The fines have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Baord has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. STATUS N=Non/C=C RESPONDENT CEB # HEARING DATE COMPLY BY DATE IOF HEARING DATE TOTAL FINE OP. COST County Abatement TOTAL $ DUE HOMES- TEAD omp LAST Cost RECHECK Curtis D. Blocker & Curtis Blocker Jr. 2004-008 4/22/2004 7/20/2004 8/26/2004 $3,600 $968.25 $4,568.25 N C 6/10/200E Lasalle Bank National Associaton as Trustee CESD 20080007554 2/26/2009 6/27/2009 7/23/2009 $5,200.00 $86.43 $5,286.43 N N 7/1/2009 CEPM Robert K. Toski 20080014037 4/23/2009 5/23/2009 6/25/2009 $6,600.00 $87.57 $6,687.57 Y N 5/27/200E CESD Ibran A. Turcios 20080011952 1/22/2009 4/22/2009 5/28/2009 $3,600.00 $88.43 $3,688.43 N N 4/30/200E CEPM Linnette Barrett 20080015499 3/26/2009 4/25/2009 5/28/2009 $8,250.00 $89.00 $8,339.00 N N 5/4/2005 CEPM Linnette Barrett 20080016064 3/26/2009 5/25/2009 6/25/2009 $6,200.00 $86.71 $6,286.71 N N 5/27/200E Jon & Lisa Meszaros 2007110853 5/22/2008 9/19/2008 9/22/2008 $600.00 $302.69 $902.69 N N 9/22/200E M & M Developers, LLC. CESD 20080002249 7/31/2008 11/28/2008 6/25/2009 $41,800.00 $88.43 $41,883.43 N N 5/27/2005