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CEB Backup 02/2010 CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: February 25, 2010, at 9:00 a.m. Location: 3301 Tamiami Trail East, Building F, Naples, FL 34104 NOTICE: THE RESPONDENT MAY BE LIMITED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTIClPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ORDER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF mIS 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, WillCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WillCH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIDLE FOR PROVIDING TillS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. January 28, 2010 Hearing 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. Sara Barrera CESD20080005775 B. STlPULATIONS 4. C. HEARINGS 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO.: VIOLATION ADDRESS: 2003031014 GEORGE B & KAREN T DELPORTO INVESTIGATOR JAMES SEABASTY 91-102, AS AMENDED, SECTION(S) 1.5.6, 1.8.7, 1.9.2,2.1.1 I, 2.1.15 PAR. 1,2.2.10.2.2, 2.6.21.2.3,2.7.6 PAR'S 1,2,3 & 5 & SECTION 3.3.11 WOODEN DECK/DOCK COMBINATION APPROXIMA TEL Y 16 FT. BY 20 FT. WITH ELECTRIC EXTENDING FROM THE BACK OF THE MOBILE HOME, PARTIALLY INTO THE CANAL 01208000005 102 EGRET LANE PLANTATION ISLAND, FL CEVR20080000441 RE INVESTMENTS LLC. INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 3.05.01 B VEGETATION REMOVAL, PROTECTION, AND PRESERVATION VEGETATION REMOVED FROM PROPERTY WITHOUT OBTAINING THE PROPER COLLIER COUNTY PERMITS 41882320006 6121 SHADY OAKS LANE NAPLES, FL CESD2009001l176 FIDEL JR. & ESPERANZA ALVIAR INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004 EDITION, CHAPTER I, PERMITS, SECTION 105.1 A ROOF, CARPORT AND STORAGE ROOM ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT 00062920005 1312 CHRISTIAN TERRACE EXTENSION IMMOKALEE, FL CESD20090009468 ERICK PONCE & ANITA GARZA INVESTIGATOR MARIA RODRIGUEZ COLLIER COUNTY CODE OF LAWS, CHAPTER 22 BUILDING AND BUILDING REGULATIONS, ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(l06.1.2) & 22-26(b)(l04.1.3.5) A STRUCTURE. TIKI HUT AND FENCE BUILT AND INSTALLED WITHOUT A PERMIT 51677514428 1287 ALLEGIANCE WAY IMMOKALEE, FL 5. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 6. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 7. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 8. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: CEVR20080016165 ALAN & MARGARET VINCENT INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY LAND DEVELOPMENT, 04-41, AS AMENDED, SECTION 3.05.08 C OBSERVED MELELEUCA AND BRAZILIAN PEPPER ON SUBJECT PROPERTY 3845032]000 7020 SABLE RIDGE LANE NAPLES, FL CESD20090014845 FELIX & GUADALUPE ALVARADO INVESTIGATOR MARIA RODRIGUEZ FLORIDA BUILDING CODE, 2004, CHAPTER I, PERMITS, SECTION 105.1 A METAL CARPORT ERECTED WITHOUT FIRST OBTAINING A COLLIER COUNTY BUILDING PERMIT. 00055000000 4810 MYERS RD. IMMOKALEE, FL 2006100546 CHARLES H FREEMAN INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 3.05.01 B VEGETATION REMOVAL, PROTECTION, AND PRESERVATION. CLEARING IN EXCESS OF ONE ACRE WITHOUT PERMIT 3764124000] 2860 8TH ST. NW NAPLES, FL CESD20080015112 MARIE L. GILOT INVESTIGATOR WELDON WALKER COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 11, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTION 22-26(b)(l 04.] .3.5). CONSTRUCTIONI REMODELING BEING DONE TO MAIN HOUSE AND SHED ON PROPERTY WITHOUT PERMITS 75212240007 1707 6TH A VENUE IMMOKALEE, FL 9. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 10. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 11. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 5. OLD BUSINESS CELU20090010964 TEAK WOOD FARMS, LLC. INVESTIGATOR JOSE LUIS CANO COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTION 2.02.03 ILLEGAL OPERATION OF A HORSE TRAINING AND BOARDING ON THE ESTATES ZONED PROPERTY. 4]832000004 4840 TEAK WOOD DR. NAPLES, FL CESD200900l0456 DAVID & JUANA CARRILLO INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE 04-41, AS AMENDED, SECTION 1O.02.06(B)(I)(a). OBSERVED 2 STRUCTURES NOT PERMITTED 51040120009 1207 IMMOKALEE DR. IMMOKALEE, FL 2007100985 DUANE S & FLEETA K WHEELER INVESTIGATOR WELDON WALKER COLLIER COUNTY LAND DEVELOPMENT CODE, 04-41, AS AMENDED, SECTIONS ]0.02.06(B)(l)(a); 1O.02.06(B)(I)(e); 10.02.06(B)(l)(e)(i). NO COLLIER COUNTY PERMITS WORK CONSISTING OF BUT NOT LIMITED TO REMODELING OF WINDOWS, FLOOR, INTERIORlEXTERIOR WALLS, ELECTRIC, PLUMBING, TRENCH DUG AND FILLED IN FROM HOUSE TO THE WATER MAIN 00123240006 119 HANCOCK STREET IMMOKALEE, FL A. Motion for Impositiou of Fines/Liens 1. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO NO: VIOLATION ADDRESS: CESD20080014486 CLYDE & SUSAN BRYAN INVESTIGATOR AZURE SORRELS COLLIER COUNTY CODE OF LAWS, CHAPTER 22, BUILDINGS AND BUILDING REGULATIONS ARTICLE II, FLORIDA BUILDING CODE, ADOPTION AND AMENDMENT OF THE FLORIDA BUILDING CODE, SECTIONS 22-26(b)(l04.1.3.5) AND 22-26(b)(l 06. 1.2) & COLLIER COUNTY ORDINANCE, 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTION ]0.02.06(B)(l)(a). UNPERMITTED ENCLOSURE OF CARPORT TO INCLUDE DECKING AND SCREENING 60583200008 54 MOREHEAD MANOR NAPLES, FL 2. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 3. CASE NO: OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: 4. CASE NO. OWNER: OFFICER: VIOLATIONS: FOLIO: VIOLATION ADDRESS: CEVR20080014785 SOUTHERN DEVELOPMENT CO. INC. INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED, SECTION 4.06.05(1)(2) PROPERTY HAS FALLEN BELOW REQUIRED LANDSCAPE STANDARDS SET BY APPROVED SDPA 2007-AR-112IO 00726000009 13245 T AMIAMI TRAIL EAST NAPLES, FL 200711 0592 AHMET & MELISSA F. CELIK INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY ORDINANCE, 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTION 3.05.01. PROPERTY HAS BEEN MECHANICALLY CLEARED IN EXCESS OF I ACRE WITHOUT REQUIRED PERMITS AND A BERM WAS CREATED WITH THE ADDITION OF FILL 45970600003 1645 17TH ST. S.W. NAPLES, FL CEVR20090000974 DALE & KERI ANN OCHS & RIDHARD & JEANEEN NORTON INVESTIGATOR SUSAN O'FARRELL COLLIER COUNTY ORDINANCE, 04-41, THE LAND DEVELOPMENT CODE, AS AMENDED, SECTION 3.05.01 B, VEGETATION REMOVAL, PROTECTION AND PRESERVATION. CLEARING OF NATIVE VEGETATION WITHOUT A PERMIT 01138800003 BIG CYPRESS NATIONAL PARK B. 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 as Referenced in Submitted Executive Summary. 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - March 25, 2010 11. ADJOURN CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080005775 vs. SARA BARRERA. 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: 02/25/2010 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: 202 Washington AVE Immokalee, FL SERVED: SARA BARRERA, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY VvHQ 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)714-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVA!LABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTlF1CAOON: Em audiencia sera c:onducida ell cl idioma Ingles. Servicios the traduccion 110 serlIl disponibles en la aud;encia y usted sera responSllble de proveer SI.l propio lraductor, para un mejor entendimiento COli 111$ comunicacionesdeesteevento.Porfavortraigesupropiotraduclor. Avetisman _ Toutodisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. 5i ou pa pale angle lanprt vini avek yon intepret pou pale pou-ou. February 10, 2010 I Sara 8arrera am asking for an extension of time. My address is 202 Washington Ave. Immokalee, FI 34142. I am asking for the extension because my hearing for the variance is April 3, 2010 with the cepe and June 8, 2010 with Bee. I am asking for 365 days extension. Thank You jW4- /SC~ ----- , i I INSTR 4317737 OR 4470 PG 2691 RECOROEO 7/9/2009 3:49 PM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080005775 vs. SARA BARRERA, Respondent. ty ode Enforcement Board at . n for xteusion of Time, and the h fgt, mises, and pursuant to the 011 er ty Ordinance No. 2007-44, it 00 ~ ~ The Respondent is granted an extension of time until Febru R' to comply with the Order of the Board dated March 3, 2009 and recorded in the Public Records of Collier County, Florida at OR Book 4434, Page1368, et seq. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this I <it day of July, 2009 at Collier County, Florida. *** OR 4470 PG 2692 *** STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this .J!!:.. day of July, 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is N/fI personally known to me or ~ who has produced a Florida Driver's License as identification. ~,,,,.... V'~'IJ.'" .... ..-....~ 'V"nn," NLl.o. ..~. UYCOIIIISSKlN'DDI<'i7," .~.. EXPIRES:SopiJmIor29,1.::, ""'.",,,. IbDcInwa~"""SMm NOTAR P LIC My commission expires: 'f /;;.tj ( fiL I HEREBY CERT Mail to Sara Barrera, 202 2009. :',. 0 .CICKO, ESQUIRE No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tarniarni Trail Naples, Florida 34112 (239) 252-8400 .-"-..lP,-".; ~Ulte 01 h.oKILl^ '. '.,:;' I . ;~. =Oumy of COLUER :,:-,;'. / ";' .. ~ ...;,' [, t .;;::,-I.r ..,. .i" I HEREBY C(l\'iinFi:HN1hlsls.e .true eM ~orrect COQ1:ot a-llocum.en,,)," '.fUe In.,, Board Mlnl/t~,!~~~~oro.s~t.Colller COuntt Ii~Ej~~;~i.~'~'\seal th~ ':JN~' '\~~~.".ctERit~.~.r.: bFCGURlI . -.' /; r: M\~ ....--- ... ~ .., . <."aA _ . . . CODE ENFORCEMENT BOARD COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080005775 \"s. SARA BARRERA, Respondent I THIS CAUSE came on for public hearing testimony under oath. received evidenc , Findings of Fact, Conclusions of Law an ,2009. and the Board, having heard . Ie matters, thereupon issues its I. 4. That the real property locate more particularly described as Lots 7 a thereof as recorded in Plat Book I, Page ~ County Ordinance 04-41. the Land Develop IO.02.06(B)( I )(e) in the following particulars: Converted the open carport in master bedroom. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41. it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 1O.02.06(B)(l )(a) and 10.02.06(B)( I )(e) be corrected in the following manner: 1. By applying for and obtaining a Collier County Building Permit for such improvements and obtaining all inspections through certificate of occupancy within 120 days (June 27, 2009). The master bedroom/suite must not be occupied/lived in until the Certificate of Occupancy has been issued. >o_n~ ~~g:=. _......~ .. ... 0_ .. ... .. ..... ... "_0 ....... .... .... ... - :; J:i :!l ~ ... "'= ~.... _0 :=i!!l -- ~ C> :-~ -" l'J ~ .... -..J .. ~ iC) =0 c....Jl .. .. c::> ~~ l..I"'1 ;:;C '='~ C> .. ::o::s -... 0- ....... ...~~ ~ :: JoI=a '" 0 Lo.> ...-.- ~.... r:;!~ n :::: c;-, ~- ..... =.... ....... gLo.> :!~ ... ~ ... - .... ... - - ~ ~ C> C> OR: 4434 PG: 1369 2. In the alternative, by obtaining a demolition permit to restore the building to its original permitted state. all reIaled inspections and certificate of occupancy within 120 days (June 27, 2009). All construction waste must be moved to an appropriate site for such disposal. 3. Thai if the Respondent does not comply with paragraph I of the Order ofthe Board by June 27, 2009, then there will be a line 01'5200 per day for each day until such time as the violation has been abated. 4. Thai if the Respondent does nol comply with paragraph 2 of the Order of the Board by June 27, 2009, there will be a fine of $200 per day for each day until such time as the violation has been abated. 5. ThaI the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn the site inspection. 6. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce Ihe provisions of this order. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount 01'$86.71 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de /laVa, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. Florida. STATE OF FLORIDA ri).,.-~ KRlSllNEHOLTON [J ,oj lAY OOMMISSlON I DO 686595 i;k .,. EXPIRES: Jun. 18, 2011 -"\.tt,' 8ondIdThruNolaryPutllic~ CERTIFICA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent.by U. S. Mail to Sara Barrera, 202 Washington A venue, Immokalee, FL 34142 this y{n day of (\ 'Q It v\ . 2009. .~~~ . : Jea awson. Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ,~.... 01 t ..OitIWl ;gunty ~ COWER I HEREBy~WTfj~thisl........ :orrec:t cqpY or a os.:;f1l'l:>at, on me III rloard M~Qut~~ ~t r,:':~:,.J9~ Collier f4 l ~~~ 1l1.'~lfli:laJ... tIIII _~)'o' ., .'~~ ~-~ . . _ .. lUl. ~ r BOARD OF COUNTY COMMISSIONERS Collier County, Florida 'i *** OR: 4434 PG: 1370 *** Petitioner, vs. Case No. CESD20080005775 Barrera, Sara Respondent(s), STIPULATION/AGREEMENT ./ COMES NOW, the undersigned, Sara Barrera, qn behalf of himself or herself as representative for Respondent and enters into this Stipulation and Ag~ement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080005775 dated the 10th day of October, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for whioh a hearing is currently scheduled for 02/26/2009; 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) Pay operational costs in the mo 30 days of this hearing. secution of this case within 1) THEREFORE, it is agreed between the 2) Abate all violations by: Ap M~ improvements OR Demolitio !~ inspections and CO within 12 until th~ violation has been aba t.~v--..JI \", v..,,~r\ .......... c: 3) In the event a Demolition Permit is i~~:r ~~! fi~;U^ dj~P\os~, ~O~{~l1~s. j& 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investioator perform a site inspection to confirm compliance. (24 hotn notk>>.haJ1 be by phone or fax and made aIMing the workweek.. If the vlollltion Is abaled 24 hours prtorto a Saturday. Sunday or legal hollday,then the noIIfIcatlon rnustbe made on the next day that Is not B S8tUldav. SundayOl'" legal holiday.) y Building Permit for such permitted state, all related .00 r day will be imposed _ ^ ( ",' ~v..>"t 1\()4, b.l. ~vf"- \t' 0.00..... X"s.......t. M L ~ '5,(7 remove all related debris to a site 5) That if the Respondent fails to abate the violation the County may a e the violation and may use the assistance of the Collier County Sheriff's Office to enfo ce e provisions of this agreerent. ~t:. ~"".L./'^" Respondent or Representative (sign) <;/(':/ ~ 6t2/.--e...rc:. Respondent or Representative' (print) )/.:J5/C/ p Diane g, Director cOd.:ti2e1i~e~rtment Date Date REV 12/1/08 ~f5D lOOqDDoaq4- 5- c1-/~-/O I Lisa Dasher who reside at 3551 Carson Lake Circle in Immokalee Florida would like to request an extension for 120 days due to lack of agreement with the engineerer. I have made several attempts of contacting the engineeerer and it has been impossible to do so. My reason for not searching elsewhere is because I have already paid monies to this individuaL -)~;J~~ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090002945 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 Code Enforcement Board on the following date, time, and place for the violation below: DATE: 02/25/2010 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: 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 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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 NOTIFICACIONc Em audiencia sera conducida en el idioma Ingles. Servicios the traduecion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con IllS oomwticaciones de esteevento. Portavortraiga supropiotraductor. Avetlsman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyan. Si au pa pale angle tanpri vini 8vek yon intepret pou pale pou-ou INSTR 4359542 OR 4506 PG 2523 RECORDED 11/5/2009 10:30 AM 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, CEB NO.: CESD20090002945 vs. LISA DASHER, Respondent. 1 THIS CAUSE having come before the 22, 2009, and the Board, having hea appropriate matters, thereupon iss s i follows: FINDINGS OF FACT. CONCLUSIONS OF LAW AND 0 F THE BOARD ERe of the Respondent and that the tered into a Stipulation. (diil d mail and by posting. :-\, 4. ' Immokalee, FL, Folio #25577800404, more aing to the plat thereof as recorded in Plat Book 34, Page 94 of the Public Records of Co lier County, Florida, is in violation of Section 10.02.06(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code, and Section 105.1, Chapter I, Permits, of the Florida Building Code, 2004 Edition, in the following particulars: That the Respondent was n ent Board at public hearing on October ony under oath, evidence, and heard respective to all in s of Fact, ConcIu . ons f Law, and Order of the Board, as 1. 1bat Lisa Dasher is the 2. That the Code Enforc Respondent, having been duly no 3. Patio in the rear of the property built without a Collier County permit. 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: That the violations of Section 1O.02.06(B)(I)(e)(i) of Ordinance 04-41, as amended, the Collier County Land Development Code; and Section 105.1, Chapter I, Permits, of the Florida Building Code, 2004 Edition, be corrected in the following manner: 1. The Respondent shall pay operational costs in the amount of $86.43 incurred in the prosecution of this case within 30 days of this hearing. 2. The Respondent shall apply for and obtain a Collier County building permit, or apply for and obtain a demolition permit as well as obtain any and all inspections and certificate of completion within 120 days of this hearing, or a fine of $1 00.00 per day will be imposed for each day the violation remains. OR 4506 PG 2524 3. The Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perfonn a site inspection to confinn 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 JV- day of October, 2009, at Collier County, Florida. / STATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instmme CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O~~s been sent by U. S. Mail to: Lisa Dasher, 3551 Carson Lakes Circle, Immokalee, FL 34142 on this ay of October, 2009. ".'i TI". .-\ " ':~ -"-"~'~<":~-. ~lftYtlf~' ."..... .1""; .~. . .,.- - '. I HERmCERTI~~"'"'' :orrect cooY.o~~lIo~cin,nl.ln. Board ,,!llIUt~<;and;fl~~.o1 c;olller CoIIIIt 'I(~W.ESS mY:>~qp,:iflLoJii'R'I.'- $8J,Cf. .3:!!!'oav.(i ~'W .... ...: ~", i'~, 'f...',..... _~f:'6;::'" .. .,. WiIGkf;t~'B1iOUt;: Cr:ERK.OfCOURII .. .~~ r&i~\~ ~ . _ "A y I 11\ TON.CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 - -,--. *** OR 4506 PG 2525 *** .., BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20090002945 LIsa Dasher Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, LIsa Dasher, on behalf of hlmseH 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 Notlce(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 a ~ ., s resolution of the matters outlined therein the parties hereto agree as follows: \..,\ER COU.t\1 1) The violations noted in the refer ~~n a ~ ate and I stipulate to their existence. THEREFORE, it is agreed betwee th 1) Pay operational costs In th days of this hearing. 2) Abate all violations by: Demolition permit and reques completion/occupancy within imposed. p se utlon of this case within 30 ~ ~ County Building permit or and pass thru a certificate of ne of $200;90 per day will be I~(;.CC Lb --\I\.t..-- 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investloator perform a site inspection to confirm compliance. (2" hotl'l nab Jiaa be by phoM elf lax IIrd ml.iH d\J11"G &hi ~.k. ll1hevkllaUol'llllbltMS 2-4 hoIn pOOr to. Saturday, Sunday or legal hoDday, thin tM notIflcalkln mull b8 madt 01'1 "" nell! day 1ha11s not a Saturday. Sunday or ~ hoIlc!ay.) 4) That If the Respondent falls 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 provo ons of this agreement and all cost~ of ~batement s all be assessed to the property owner. Respondent or Representative (sign) Iv ~a. 'J:Es.Pv-~_ Respondent or Representative (print) D e FI g, Director ~ fY c</I..- Code Enforcement Department 0 It) / Uf)/~q Date 10 -citJ~ Dq Date REV <1124109 , ,--. -.-.r. ....."'rL __ L" .-- . - COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. George B & Karen T Delporto, Respondent DEPT No. 2003031014 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-18 19-20 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2003031014 vs. GEORGE B & KAREN T DELPORTO, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: 91.102 Section 1.5.6,1.8.7,1.9.2,2.1.11,2.1.15 par. 1,2.2.10.2.2. LOCATION OF VIOLATION: 102 Egret Lane Plantation Island, FL Folio # 01208000005 SERVED: GEORGE B & KAREN T DELPORTO, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 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: Est. audi~cia senI conducida en eI idioma lllgl~_ Servicios the traduccion 1\0 seran disponibles en I. audiencia y USled sera responsable de proveer su propio traduclOr, para... mejor enlendimienlo con IllS comunieaciones de esfe evenlO. por lavor traiga su propio traductor. Avetisman _ Toutodisyon yofel an angle. Nou pan gin moun pou fa tradiksyon. Si ou pa pale angla tanpl"i vini avak yon intapnlt poll pale pou-ou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Vs. George B. and Karen T. Delporto, Respondent(s) DEPT CASE NO. 2003031014 STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation ofOrdinance(s) 91-102 as amended, Section(s) 1.5.6, 1.8.7, 1.9.2,2.1.11, 2.1.15par.l, 2.2.10.2.2,2.6.21.2.3,2.7.6 par's 1,2,3 and 5 and Section(s) 3.3.11. 2. Description of Violation: Did observe a wooden deck/dock combination approximately 16 ft. by 20 ft. with electric extending from the back of the mobile home, partially into the canal. 3. Location/address where violation exists: 102 Egret Lane, Plantation Island, Fl., Sec. 24, Twp. 53. Range 29, LOT 102 UNREC PLAT OF PLANTATION ISLAND MOBILE HOMES OR 266 PG 887 DESC AS: LYING N HALFWAY CREEK. FOLlO# 01208000005. 4. Name and address of owner/person in charge of violation location: George B. and Karen T. Delporto, 129 Bull Street, Charleston, South Carolina, 29401-1247. 5. Date violation first observed: March 21,2003. 6. Date owner/person in charge given Notice of Violation: June 25, 2003 via certified return receipt mail (7000 0520 0016 1406 6527). 7. Date onlby which violation to be corrected: July 30, 2003. 8. Date ofre.inspection: October 29, 2009. 9. Results ofRe.inspection: Violation remains. STATE OF FLORJDA 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 failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a pub Ii g. Dated this 3rd day of December. 2009 STATE OF FLORJDA COUNTY OF COLLIER d day of December. 2009 by Personally known X or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC. STATE OF FLORIDA "'U'" D Ii' Pul "'~''< e Cia se [ ~ Commission # DD629723 >..,,,,,,,...' Expires: JAN. 16,2011 BONDED THRU ATlANTIC SONDINGCO.,INC. REV B-20-08 ex D'-- (j .. COttIEJi€~~Yh~~~1.f~~A NOtICE OFORbINANCEVIOLA TION'XNtl0RrjER;Ta€OR.~!r', . .... ," -"' -.. --...' .-....'~;- ,~ ,- ,",...._ "0': -.~ .- .. '-__ .f' .. .. : -' . -. .. - _ _ _._ '. . '-' " ,- TO, Geofgel>,ailcfK:aren't;Delport6 (OWNERS). . i29'1:l\illS_treet. : ..' . . Cfiarleston:'S."C.Z9401 LOCATION OFVrOLATION( LEGALANDAJ)DtffiSS) W!,THIt{CQLLIER CQW-ll'Y ZONlN9DI~'t,:MQBILE.' .. "HOME ..... . ..... ..' ..... .. . SEC. 24., TWR53;'RNG.29,SUBD:. <,creage;'PARE;ELlI 080.00 OF COLLIER COUNTYREC'ORo. . PROPERTY 10#01208000005 OR 77 n, PAGE 83 16 A. K. A. LOT# 102 Egret Lane' (Plantation Island) Everglades City, Fla. :. NOTICE PURSUANT TO. 'COLLIER cOuNfY'~CODE ENFORCEMENT BOARD (C E B )ORD #92080aner97.35; AS AMENDED, .YOU ARE NOTIFTED THAT A ViOLATION(S) OF. THE '. 'FOLLOWING COLLIER COUNTY ORD.(S) AND/OR P.U.D. _REQULATfON(S) EXISTS AT THE ABOVE DESCRIBED LOCATION. ORD(S) 91'102 Amended SEC.(S)1.5.6. 1.8.7, 1.9.2, 2.1.11, 2. I.15par. 1, 2.2.10.2.2, 2.6.21.2.3, 2.7.6 par's 1,2.3 and5 and. SEC.3.3.11 DESCRIPTION OF CONDlTIONS CONSTITUTING THE VIOLA TION(S), DID WITNESS, Increased development of a previously improved "MOBILE HOME" zoned property in Collier County known as P ARCEL# 080.00 of TWN.53, SEC.24, RNG.29 of Collier County record. Also known as LOT#102 Egret Lane (Plantation Island) Everglades City, Fla. Improvements consisting. of, but not limited to renovation of an existing "Enclosed Boat Shed" (reference Collier County Building Permit#84-114) resulting in additional living space with electric. Also the construction of a 16 Yz' x 20' Y2' +/_ Wooden Deck with Docking capabilities. Also construction of a lO'x 16' woodframe enclosed addition to the west end of the existing Mobile- Home. _ structure. Also construction of a lO~x20' +/- enclosed .iL,mai" with electric. Alsoc'onstructton of a 6'xlO' +/- Screen Enclosure unde, roof and .a !<E.ROOF over all tf:1e above noted ~nterior living space All same improvements and u~e_ not. having received' prior Collier <;::ounty Planning Dept. review and approval. not- "h~Yi~g received _ - Collier County B uilding Permits.i~spections ~_n~_ Collier County C~rtificate' of Occupancy constituting: ,~': violation of Collier County "MOBILE' HOME" Zoning District Regulations. INQUlRIES AND COMMENTS SHOULD BE DlREClliD TO CODE ENFORCEMENTIN'VESTIGATOR: Dennis Maz.zone: 2800No. Horsesb~ Dr. Naples; Fl.34104 (941)403-2447_ FAX, (941) 403-2345 Iny'~tig"m',s;gnat"'~~ WxfJQ.~. ViQJ;"IJ.9~]J4Tl.J~:. C. . .' .' "_' . ., X: !~!lJ,U...>' R,E;C;URRINJJ~= RERE,I\OT .' -. -- . ".: - . . . .?oRi)EIi1'6CORRE(;1;.Vi(iii~~~);: . .' .. . ybif A1til;DiREctE]),Byct!:I~~Q1jC;R:rO;:~I~ FOLmWINGCO~CTIV~'AqTW~(Sr ......F . ....... ~. !0l!~t. COnl~ty..wit~_ air .C6IJierCoiJll(y~<>';iIe~:~~d}')Y~i~~n.e!~. An use and thereased. deve!9Pi!1enL o~P~r~k#~~~Wi.ijf r\vN53, SEE'14;'RNt'J29' ot Colliet-C6rriiIY~f~c6!&rnUs~ '. coq;isterii-viiih .ail provisions of 'COllier;Coujjjy,:.f:B~l:l!li.g . .-"HOHE;\Z9nirig Disiriet Regulatfdns.. .,-. ..' , Must obtaIn cbilier CouniTPiannfug~'D~pf.( iiyiew' aIi~ approval for all NON.iERMITTED 'illJProvemeiIisand use~iif parcel in question. Upon having rece~ved, pla~riiiigapprciv~I, must then obtain all required Colifer Cdunt5d:tiIirdl~g':F'er.l1li!s and related inspections through, to~_the.issuanc~s. of~' ~eitiJI~ate Of Occupancy for aiL allowed irpprovements ahd~us".Or mu'st obtain a Collie, County Demolitio!r Pennir. for theremovat of all NON,ALLOWED, NON-PERMITTED irn'p'(jvements, use and'~. related depris-, to proper storage. -'or pro.per . disposal restoring' all.ptetnises of L01#102 EgretLane~ (plantation Island) Everglades City, Fla. So as to comply with all provisions of Collier County "MOBILE HOME" Z6ning District Regulations. ON OR BEFORE:::r L 30 .2003 PENALTIES MAY BE IMPOS D: Failure to correct the violaikms on or before the date specified above will result in . I) the filing of an affidavit of violation with the Collier County Code Enforcement Board, "C.E.B.", charging you with the violation(s) as described on this form. You willlhave receive(d) notification that a hearing will be held which you andior a legal'representative may attend._ Failure to appear may result in the Board proceeding and making a determination in your absence. If the Code Enforcement Board finds a violation exists. a maximum fine of $250.00 per day in the case of a first violation, a maximum fine of '$500.00 per day for a repeat violation and a maximum fine of $5000.00 per violatiqn in the event the"C E B" finds the violation ~o be of an i~eparable or irreyersible nature; fines may beir,nposed on a per day basis for each day each viofation exists. Costs _of p~osecuti~n and/or repai~s m~y also be ass~ssed'_ ag~-jnst you for any violation. or, 2) the issuance_ of a Notice to Appear: before the Collier County Cour1 where penalties of up to $500 + costs ,may be imposed, or. 3) _the issuance of ~ _citation which you ~ay, pay or contest in the .Collier C<.?liniy~ Cpurt where penalties of up to $500 + costs may be imposed, . SJ;RVED BY.:_POSTED_PERSONAL SERVICE ,LCERT MAIL CERT. MAIL RECEIPT # .... '. . I .HEfEBYaClcnowledge I 1]ave re~ei~ed, read. and. ~nd~rstalld, this Ilotl<;e: 6:t;,\iklati6~" ~ ig~at~.i~~~n~(r tl qe ()t: Resipieht. ". Ptiht . '-. DAT~P..tH.JS:rU~!7i ?-OO~RE"t €AS~N~~79~~j1.~i{ 3 -",r~ r-' ~., Ft.i . .Lff. .:'...if ..2rJ. '0> ::T' r-:=f-' -dJ o"!' ci b D. rtf- u,~ o c., . l:1t:iJKG-h-':!-~'~:&'--J5;e~ft.J~',' '1' 1Jr~'L~tjP~ilJ -129-'~UfJ'L';S'THE~t '_. CHAP:LE:S'r9N, sC29<tQ.l CG\...s-:-e tnlr ~ 20bJ03-10-t4 Return Re (EndOrsement Restricted De' (Endorsement 'To~1 PoStag, ._:..,:.:.1 R~cJpJent's Name (Please t:'r~ntClfls~1y) (To b8 completed by mailer) o o o f'. . .' -- " -- Sireei;'ApTNo:;-o;.pjj'iio~~NCi.----._~._-_.._.._m....._-~m;_~--_---~;-....m..7.m~ ........_..hh__........._h~_..~.__.___..__h.~....~_._~_..._,.~.._~___;____~._.__~..~.___.. City, State, ZIP+ 4 :'~ I~--.,....._,:"'" '" , '.~ .~~~~~~~~:::t~ 26:~;: ~~~~~~~Ie\.".' :~,~:::,Etl~tx9}1J;;n~,~~ _a~~.,~qft~!1,~~;p~\m,~._~\lers~,~ : ,-\~"S:O ,t~lElt'!ie:c,~~ returnJh~'_c::~rd to; )'<:lIJ', ;!:,~}'-:::-~;'.;;, ~',' , II! ','Attachthls"c:ard to the'ba.Ck:of,th~;n;~i1pi~ce',-:,' ..;:/ef,~9B~~~:~')~'~t.~spa6e'_:p~rnj'I~'~;::'>;'; ;:':":,''''',-,,;;':,:' " to: C';J:o.;UHG.t; t\ &_ I'A~:t;N T 129 BULL STREET V.t;.Ll)LJK1'U CHARLES70N, SC 29401 Case Nbr - 2003031014 . .g:~!it~~~Iq(~~~~.~~e: 2~ Article Number , ' .,-,:,.-,,'-:::',,__'__':,,'1' , " , . rrransfer:fft?ffl~~':tif2e /~b~lj" 3811, August 2001.' Dome~lc Retur ";'~'" " L/ ORDINANCE NO. 91-102 AN ORDINANCE ENACTING AND ESTABLISHING A LAND DEVELOP. MENT CODE FOR UNINCORPORATED COLLIER COUNTY, FLORIDA PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLAN. NING AND LAND DEVELOPMENT REGULATION ACT, AND CHAPTERS 9J-5 AND 9J-24, FLORIDA ADMINISTRATIVE CODE. PROVIDING FOR SECTION ONE FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, FINDINGS, PURPOSE AND INTENT, APPLICABILITY, IN. TERPRETATIONS, VESTED RIGHTS, NONCONFORMITIES, ENFORCE. MENT, FEES, LAWS INCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFLICT WITH OTHER LAWS, SEVERABILITY, RE. PEALER, AND CODIFICATION, EFFECTIVE DATE AND ENACTMENT; PROVIDES FOR ARTICLE TWO, ZONING, RELATING TO GENERAL, ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMEN. SIONAL STANDARDS, OFF.STREET PARKING AND LOADING, LAND. SCAPING AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGU. LATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROVIDES FOR ARTICLE THREE, DEVELOPMENT REQUIREMENTS, RE. LATING TO GENERAL, SUBDIVISIONS, SITE DEVELOPMENT PLANS, EXPLOSIVES, EXCAVATION, WELL CONSTRUCTION, SOIL EROSION CONTROL, ENVIRONMENTAL IMPACT STATEMENTS (EIS), VEGETA. TION REMOVAL, PROTECTION AND PRESERVATION, SEA TURTLE PRO. TECTION, ENDANGERED, THREATENED OR LISTED SPECIES PROTEC. TION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION LINE VARIANCE, VEHICLE ON THE BEACH REGULATIONS, AND ADEQUATE PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, IMPACT FEES, RELATING TO ROAD IMPACT FEES, PARK AND RECREATIONAL 1M. PACT FEES, LIBRARY SYSTEM IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROVIDES FOR ARTICLE FIVE, DECISION.MAKING AND ADMINISTRA. TIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANNING COMMISSION, BOARD OF ZONING APPEALS, BUILDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BUILDING CONTRACTORS' LICENSING BOARD, COUNTY MAN. AGER, GROWTH MANAGEMENT DEPARTMENT, COMMUNITY DEVEL. OPMENT SERVICES DIVISION, DEVELOPMENT SERVICES DEPART. MENT, GROWTH PLANNING DEPARTMENT, HOUSING AND URBAN IMPROVEMENT DEPARTMENT; ENVIRONMENTAL ADVISORY BOARD AND HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD CREATED AND ESTABLISHED; PROVIDES FOR ARTICLE SIX, DEFINITIONS, RE. LAT1NG TO RULES OF CONSTRUCTION, ABBREVIATIONS AND DEFI. NITIONS; PROVIDING FOR SECTION FOUR THAT THE LAND DEVEL- OPMENT CODE SET OUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HERE. WITH; PROVIDING FOR SECTION FIVE ADOPTION OF ZONING ATLAS MAPS; PROVIDING FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECTIVE DATE. V 5 GENERAL PROVISIONS ~ 1.5.7 designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and welfare will be protected or better served by granting the permit requested and whether, should the permit not be granted, the manner and amount ofloss or inconvenience to the applicant imposes a significant hardship. Upon an affirmative finding of the foregoing considerations, the county manager or his designee is authorized to issue the emergency construction pennit. Notice of said pennit application shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal construction or site preparation hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or site preparation activities sha11 not exceed those pennitted under the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV]. 1.5.5.1. Exceptions. Construction activities or site preparation activities performed by the county, state or federal governments are exempt from this provision provided that section Six:E of the Collier County Noise Control Ordinance or its successor in function [Code ch. 54, art. IV] is complied with. (Ord. No. 92-73, ~ 2) Code reference-Similar provisions, ~ 54-92(e). Sec. 1.5.6. Pennitted uses and structures. No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, other than specifically permitted by the provisions of each zoning district in this code, unless otherwise provided. (Ord. No. 92-73, ~ 2) Sec. 1.5.7. Provision of water, sewer and reuse irrigation water within the Collier County Water.Sewer District; applicability to special purpose indepen- dent governments. The Collier County Water-Sewer District is a dependent special district created by the Florida legislature. Its governing body is ex officio the board of county commissioners. The Collier County Water.Sewer District has been charged by the legislature with the overall responsi. bility for the provision of water and sewer services within the boundaries of the Collier County Water. Sewer District, which are more particularly described in chapter 88-499, Laws of Florida. This legislative charge is consistent with the goals and policies of the state comprehensive plan and the Collier County growth management plan in that a regional utility system like that operated by the Collier County Water.Sewer District (1) fulfi11s the goal of assuring the ability of an adequate supply of water among competing uses by requiring development to be compatible with existing local and regional water supplies, (2) fulfills the goals of protecti.ng the county's substantial investments in regional public utility facilities by maximizing the use of such existing public facilities, (3) fulfills the goal of economic and efficient provision of Supp. No.7 LDC1:9 f..t; GENERAL PROVISIONS 9 1.8.10.2 Sec. 1.8.5. Change in tenancy or ownership. There may be a change in tenancy, ownership, or management of a nonconforming use pro. vided there is no change in the nature or character of such nonconforming use. Sec. 1.8.6. Change in use. If no structural alterations are made, any nonconforming use of a structure, or of a structure and premises in combination may be changed to another nonconforming use of the same character, or to a more restricted nonconforming use, provided the board of zoning appeals, upon application to the development services director, shall find after public notice and hearing that the proposed use is equally or more appropriate to the district than the existing noncon. forming use and that the relation of the structure to surrounding properties is such that adverse effect on occupants and neighboring properties will not be greater than if the existing nonconforming use is continued. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accordance with the intent and purpose of this code. Sec. 1.8.7. Casual, temporary, or illegal use. The casual, temporary, or illegal use of land or structures, or land and structures in combi. nation, shall not be sufficient to establish the existence of a nonconforming use or to create rights in the continuance of such use. Sec. 1.8.8. Uses under conditional use provisions not nonconforming uses. All uses lawfully existing on the effective date of this code which are permitted as a conditional use in a district under the tenus of this code shall not be deemed a nonconforming use in such district, but shall without further action be deemed to have a conditional use permit. Sec. 1.8.9. Change to conforming use requires future conformity with district regu. lations. 'Where a structure, or structure and premises in combination, in or on which a nonconforming use is replaced by a permitted use shall thereafter conform to the regulations for the district in which the structure is located, and [sic] the nonconforming use shall not thereafter be resumed nor shall any other nonconforming use be permitted. Sec. 1.8.10. Nonconforming structures. Where a structure lawfully exists at the effective date of the adoption of this ordinance or relevant amendment that could not be built under this code by reason of restrictions on lot area, lot coverage, height, yards, location on the lot, or requirements other than use con. cerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: 1.8.10.1. No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be al. tered to decrease its nonconformity; provided, however, that the alteration, expansion, or replacement of nonconforming single.family dwellings, duplexes or mobile homes shall be permitted in accordance with section 1.8.10.4. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means to an extent of more than 50 percent of its actual 1.8.10.2. Supp. No.1 LDC1:19 :; S 1.8.13 COLLIER COUNTY LAND DEVELOPMENT CODE provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased except subject further to the exception provided at section 1.8.10, herein. (Ord. No. 93-89, S 3) Sec. 1.8.14. Nonconforming structures unsafe because of lock of maintenance. If a nonconforming structure or portion of a structure, or any structure containing a noncon- forming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired. or rebuilt except in confor. mity with the regulations of the district in which it is located. Sec. 1.8.15. Nonconforming structures unsafe for reasons other than lack of mainte. nance. If a nonconforming structure or portion of a structure, or any structure containing a noncon. forming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or reo storing to a safe condition of such building or part thereof declared to the [be] unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the per. centage of damage limitations set out in section 1.8.12, as the case may be, shall apply. DIVISION 1.9. ENFORCEMENT Sec. 1.9.1. General. The provisions of this code shall be enforced by (1) the Collier County code enforcement board pursuant to the authority granted by F.S. S 162.01 et seq., (2) by the board of county commis. sioners through its authority to enjoin and restrain any person violating the code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. S 125.69. The county manager shall have the right to inspect those lands, waters, or structures affected by this code and to issue citations for violations. 1.9.1.1. The term "county manager" as used in this code shall mean the county man- ager or his designee. (Ord. No. 92.73, S 2; Ord. No. 93-89, ~ 3) Sec. 1.9.2. Violation. Whenever, by the provisions of this code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this code. (Ord. No. 93.89, ~ 3) Sec. 1.9.3. Complaints regarding violations. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such complaint, LDCl:22 ~ !i 2.1.9 COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 2.1.9. Replacement of official zoning atlas. If the official zoning atlas, or any page or portion thereof, becomes damaged, lost, destroyed, or difficult to interpret by reason of the nature or number of changes, the board of county commissioners may by ordinance adopt a new official zoning atlas, or any page or pages thereof, which shall supersede the prior official zoning atlas or page or pages thereof. The new official zoning atlas, or page or pages thereof, may correct drafting or other errors or omissions in the prior official zoning atlas, or page or pages thereof, but no such correction shall have the effect of amending the original official zoning atlas, or page or pages thereof. If, in the process of adopting a replacement official zoning atlas, or any page or pages thereof, district boundaries are changed or altered, then action in regard to such change of district boundaries shall be taken only in the form of an amendment to this zoning code. The official zoning atlas, or portion thereof, shall be authenticated as for the original, with wording to the following effect: "This is to certify that this Official Zoning Atlas (or page or pages thereoO by Ordinance No. dated , 19_, replaced the Official Zoning Atlas {or page or pages thereoO adopted , 19_, as part of Ordinance No. of the County of Collier, Florida." Unless the prior official zoning atlas has been lost, or has been totally destroyed, the prior official zoning atlas or any significant parts thereof remaining shall be preserved as a public record, together with all available records pertaining to its adoption or amendment. Sec. 2.1.10. Zoning regulations are maximum or minimum limitations. The regulations established in this zoning code and within each district shall be minimum or maximum limitations, as the case may be, and shall apply uniformly to each class or kind of structure, use, land or water, except where specific provision is made in this zoning code. Sec. 2.1.11. Zoning affects use or occupancy. No building, structure, land, or water shall hereafter be used or occupied, and no building, structure, or part thereof shall hereafter be erected, constructed, reconstructed, located, moved, or structurally altered except in conformity with the regulations herein specified for the district in which it is located. Sec. 2.1.12. Multiple use of required space prohibited. No part of a required yard, required open space, required off.street parking space, or required oIT.street loading space, provided in connection with one building, structure, or use shall be included as meeting the requirements for any other building, structure, or use, except where specific provision is made in this zoning code. Sec. 2.1.13. Reduction of lot area prohibited. No lot, even though it may consist of one or more adjacent lots of record, or yard existing' at the effective date of this zoning code shall thereafter be reduced in size, dimension, or area below the minimum requirements set forth herein, except by reason of a portion being acquired for public use in any manner including dedication, condemnation, purchase and the like. Yards, lot area, and lot dimensions reduced in this manner may be reduced by the same amount involved in the dedication, condemnation, purchase or similar method of acquisition, but shall LDC2:8 q ZONING S 2.1.15 not result in a front yard less than ten feet in depth. Lots or yards created after the effective date of this zoning code shall meet at least the minimum requirements established herein. (Ord. No. 92-73, S 2) 2.1.14.1. Sec. 2.1.14. Definitions of groupings of various districts. 2.1.14.2. 2.1.14.3. Where the phrases "agricultural districts," "zoned agricultural," "agricultur. ally zoned," "agricultural zoning," "rural zoning" or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include: A and E. Where the phrases "all residential districts," "residential districts," "zoned residentiaJIy," or "residentially zoned," or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include the following districts: RSF-1, RSF-2, RSF-3, RSF-4, RSF-5, RSF-6, RMF-6, RMF.12, RMF-16, RT, VR, and MH, and residential components in PUDs. Where the phrases "commercial districts," "zoned commercially,'1 "commercial- ly zoned/I "commercial zoning, II or phraseology of similar intent, are used in this zoning code, the phrases shall be constructed to include: C- J.JT, C'2, C.3, C-4, C-5, TTRVC, and commercial components in PUDs. 2.1.14.4. Where the phrases "industrial districts," "zoned industrially," "industrially zoned,11 "industrial zoning,1I or phraseology of similar intent, are used in this zoning code, the phrases shall be construed to include: I and industrial components in PUDs. (Ord. No. 92-73, S 2) Sec. 2.1.15. Prohibited uses and structures. Supp. No. 11 1. Any use or structure not specificaJIy permitted in a zoning district as a permitted use, conditional use or use allowed by reasonable implication shall be prohibited in such zoning district. 2. Roadside sales shall be prohibited in a11 zoning districts. No temporary use permit or license can be obtained for any type of roadside sale. 3. Subject to exceptions in Ordinance No. 76-11, as amended, the storage, display, or sale of any items, services, materials, or products, whether finished or unfinished, processed or natural, within public rights.of.way shall be prohibited. Notwithstanding anything in Ordinance No. 76-11, as amended, or any other part ofthe Collier County Code, in unincorporated Collier County no person shall be upon or go upon any public road, when the road is open to vehicular traffic, for the purpose of displaying any advertising to, or distributing any tangible thing or soliciting any business, contribution or any other tangible thing from any occupant of any motorized vehicle that is being operated on the public road. No LDC2:9 fO ZONING 2.2.10.2.1 Single-Fam- ily Dwelling and Mobile Home Multiple- Family Dwelling Accessory Conditional Uses Uses Duplex 10. Landscaping. As required in division 2.4. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be detennined through the application of the density rating system, or applicable policies contained in the future land use element, or the Immokalee future land use map established in the Collier County Growth Management Plan, not to exceed the above specified density for each use. 2.2.9.5. Signs. As required in division 2.5. (Ord. No. 92-73, !i2; Ord. No. 95-31, !i3, 4-18-95; Ord. No. 95-58, !i3; Ord. No. 96-21, !i3; Ord. No. 97-26, !i 3.B, 6-4-97; Ord. No, 99-6, !i 3.A, 1-27-99; Ord. No. 99-46, !i 3.A, 6-16-99) 2.2.10.1 Sec. 2.2.10. Mobile home district (MH). 2.2.10.2. 2.2.10.2.1. Purpose and intent. The purpose and intent of the mobile home district (MH) is to provide lands for mobile homes and modular built homes as defined in this Land Development Code that ensure that they are consistent and compatible with surrounding land uses.. The MH District corresponds to and implements the urban mixed.use land use designation on the future land-use map of the Collier County Growth Management Plan. The maximum density permissible in the mobile home 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 Growth Management Plan. The maximum density pen.nissible or pennitted in the MH district shall not exceed the density permissible under the density rating system, except as permitted by policies contained in the future land use element, or as identified in the lmmokalee future land use map of the growth management plan. Permitted uses. The following uses are permitted as of the right, or as uses accessory to pennitted uses, in the mobile home district (MH). Permitted uses. 1. Mobile homes. 2. Modular built homes. 3. Family care facilities, subject to section 2.6.26. 4. Recreational vehicles (RV) as defined in the TTRVC district for those areas zoned MHTT or MHRP prior to November 13, 1991, in accordance with an approved master development plan designating specific areas for Supp. No. 11 LDC2:36.1 I \ 2.2.10.2.1 2.2.10.2.2. 2.2.10;3. 2.2.10.4. 2.2.10.4.1. 2.2.10.4.2. Supp. No. 11 COLLIER COUNTY LAND DEVELOPMENT CODE RV spaces. The development standards of the TI'RVC district (excluding lot size and area) shall apply to the placement and uses ofland in said RV areas. Uses accessory to permitted uses. 1. Uses and structures customarily associated with mobile home develop. ment, such as administration buildings, service buildings, utilities, and additions which complement a mobile home. 2. Private docks and boathouses, subject to sections 2.6.21 and 2.6.22. 3. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse, community center building and tennis facilities, parks, play. grounds and p1ayfields. 4. One single.family dwelling in conjunction with the operation of the mobile home park. Conditional uses. The following uses are permissible as conditional uses in the mobile home district (MH), subject to the standards and procedures estab. lished in division 2.7.4: 1. Child care centers and adult day care centers. 2. Churches and houses of worship. 3. Civic and cultural facilities. 4. Schools, public and private. 5. Recreational facilities intended to serve an existing and/or developing residential community as represented by all of the properties/lotslparcels included in an approved preliminary subdivision plat, PUD or site development plan. The use of said recreational facilities shall be limited to the owners of property or occupants of residential dwelling units and' their guests within the area of approved preliminary subdivision plat, or site development plan. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the mobile home district (MH). Minimum lot area. 6,000 square feet. Any legally platted mobile home lot or any lega11y existing mobile home lot located within a mobile home rental park before the effective date of this Code and not conforming to the lot area standards of this Code shall be deemed to be a conforming lot. Minimum lot width. 60 feet. , LDC2:36.2 I(;;L 2.6.20.1.7. 2.6.20.1.8. 2.6.20.1.9. 2.6.20.2. 2.6.20.3. ZONING 2.6.21.1 No on-premise use or storage of any hazardous material shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. There shall be no retail sale of materials, goods or products from the premises. There shall be no outside storage of goods or products, except plants, in which case no more than 50 percent of the total square footage of the lot may be used for plant storage. Any home occupation that is found to have violated any prOVISIOn of this section shall be discontinued upon receipt of notice by the owner or occupant from the development services director. Failure to comply with said notice shall constitute a violation of this Code, and each day the use continues shall be considered a separate offense. Home occupations existing prior to the effective date of Collier County Ordinance No. 82-2 [January 14, 1982] and found not to comply with the provisions of this Code shall be deemed a violation and sha11 be either discontinued or shall meet the provisions imposed by this section. 2.6.20.4. A home occupation shall be subject to all applicable county occupational licenses and other business taxes. (Ord. No. 92-73, ~ 2; Ord. No. 95-31, ~ 3, 4-18-95) Sec. 2.6.21. Dock facilities. 2.6.21.1. Supp. No. 11 Individual or multiple private docks, including mooring pilings, davits, lifts and the like are permitted to serve the residents having waterfront property as described in division 6.3, defmitions, provided they do not protrude more than the respective distances specified in sections 2.6.21.2, and 2.6.21.3, for such waterway. Docks and the like are primarily intended to adequately secure moored vessels and provide safe access by users for routine maintenance and , use while minima11y impacting the navigability of the waterway, the native marine habitat, manatees, and the use and view of the waterway by surround. ing property owners. Permitted dock facility protrusions as well as extension of dock facilities are measured from the property line, bulkhead line, shoreline, seawall, rip-rap line, or mean high water line, whichever is more restrictive. On unbridged barrier islands, a boat dock shall be considered a permitted principal use; however, a dock shall not, in any way, constitute a use or structure which permits, requires, and/or provides for any accessory uses and or structures. Boathouses and dock facilities proposed on residentially zoned properties as defined in section 2.1.4 of this Code, shall be considered an accessory use or structure. Boathouses shall be required to be approved through the procedure and criteria in section 2.6.21.3 and 2.6.21.4. In addition, LDC2:192.1 /3 2.6.21.1 2.6.21.1.2. 2.6.21.2. 2.6.21.2.1. 2.6.21.2.2. 2.6.21.2.3. 2.6.21.2.3.1. Supp. No. 11 COLLIER COUNTY LAND DEVELOPMENT CODE any covered structure erected on a private boat dock shall also be considered an accessory use, and shall also be required to be approved through the procedures and criteria of section 2.6.21.3. and 2.6.21.4. of this Code. Non.residential dock facilities shall be subject to all the provisions of section 2.6.21. of the code, with the exception that protrusions for non.residential dock facilities beyond the specified limits shall be determined administratively by the planning services director at the time of site development plan review, based on an evaluation of the criteria in section 2.6.21.3. of the Code. Dock facility requirements and restrictions. The following criteria apply to dock facilities and boathouses, with the exception of boat dock facilities on manmade lakes and other manmade bodies of water under private control. For lots on a waterway that is 100 feet or, greater in width, no boathouse, dock faciJitylboatcombination shall protrude more than 20 feet into the waterway (i.e. the total protrusion of the dock facility plus the total protrusion of the moored vessel). A dock extension in accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet. For lots on a waterway that is less than 100 feet in width, dock facilities may occupy no more than 25 percent of the width of the waterway or protrude greater than 20 feet into the waterway, whichever is lesser. A dock extension in accordance with section 2.6.21.3. may be granted to allow a protrusion of more than 20 feet, but at no time shall such extension allow more than 25 percent of the waterway width to be occupied. All dock facilities on lots with water frontage of 60 feet or greater shall have a side setback requirement of 15 feet, except as provided in section 2.6.21.2.4.1 or as exempted below. All dock facilities (except boathouses) on lots with less than 60 feet of water frontage shall have a side setback requirement of seven and one.half feet. All dock facilities (except boathouses) on lots at the end or side end of a waterway having regular (linear) water frontage shall have a side.. setback requirement of seven and one. half feet as measured from the side lot line or riparian line, whichever is appropriate. Riparian lines (see division 6.3, definitions, riparian line) for lots at the end or side end of a waterway with a regular shoreline are established by a line extending from the corner of an end lot and side end lot into the waterway bisecting equidistantly the angle created by the two intersecting lots (see Exhibit A). Riparian lines for all other lots should be established by generally accepted methods, taking into consideration the configuration of the shoreline, and allowing for the equitable apportionment of riparian rights. Such methods include, but are not limited to, lines drawn perpendicular to the shoreline for regular (linear) shorelines, or lines drawn perpendicular to the centerline LDC2:192.2 I~ ZONING S 2.7.6 Sec. 2.7.6. Building or land alteration permit and certificate of occupancy compli- ance process. 1. Zoning action on building or land alteration permits. The planning services director shall be responsible for determining whether applica. tions 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 pennitmay not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing pennits, and blasting pennits. 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 planning services director 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 zouing 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. 2. 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 acco=odate; 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 benns; and such other information with regard to the lot and existing/proposed structures as provided for the enforce' ment of this Land Development Code. In the case of application for a building or land alteration pennit 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 Supp. No. 12 LDC2:253 15 S 2.7.6 COLLIER COUNTY LAND DEVELOPMENT CODE 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 planning services director 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 planning services director may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of F1orida. Property stakes shall be in place at the commencement of construction. 3. 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 planning services director 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. a. Statements. made by the applicant on the bni1ding or land alteration permit application shall be deemed official statements. Approval of the application by the planning services director shall, in no way, exempt the applicant from strict observance of applicable provisions ofthis Land Development Code and all other applicable regulations, ordinances, codes, and laws. b. 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. 4. 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 (division 3.15 of this Code) and Rule 9J-5.0055, F.A.C. 5. 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 community development and environmental services administrator for an approved subdivision or site development plan to provide for distribu. tion 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 Supp. No. 12 LDC2:254 Iw ZONING 2.7.7.1 and filling plans have been submitted and approved meeting the war. rants of section 3.2.8.3.6 of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to division 3.9. a. 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). 6. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land Development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. a. For the purposes of determining compliance with the zoning provi. sions of the Land Development Code, an approval of a site develop. ment plan pursuant to division 3.3 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off.street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. b. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to division 3.3 and of a zoning certificate issued for the building and the land, shall be required. c. A zoning certificate shall be required for any use ofland or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. (Ord. No. 93-89, S 3; Ord. No. 95-58, S 3: Ord. No. 00-92, S 3.E.; Ord. No. 01-34, S 3.E.) Code reference-Building permit, S 22-46 et seq. , Sec. 2.7.7. Affordable housing density bonus. 2.7.7.1. General provisions. Supp. No. 12 LDC2:254.1 t+ ~ 3.3.11 COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 3.3.11. Violations. No building pennit or certificate of occupancy shall be issued except in compliance with the approved site development plan. Violation of the terms identified in the approved site development plan shall constitute a violation of this Code. (Ord. No. 99-6, ~ 3.H.) Sec. 3.3.12. Electronic data requirements. After the final site development plan has been approved by the development services director for compliance with this Code as provided in this division, the applicant's professional engineer shall also submit digitally created construction/site plan documents. one disk (CDROM) of the master plan file, including, where applicable, easements, water/wastewater facilities, and stormwater drainage system. The digital data to be submitted shall follow these formatting guidelines: All data shall be delivered in the state plane coordinate system. with a F10rida East Projection. and a North American Datum 1983/1990 (NAD83/90 datum), with United States Survey Feet (USFEET) units; as established by a Florida registered surveyor and mapper. All information shall have a maximum dimensional error of +0.5 feet. Files shall be in a Digital Exchange File (DXF) format; information layers shall have common naming conventions (i.e. right-of-way-ROW, centerlines-CL, edge-of'pavement-EOP, etc.). For a plan to be deemed complete. the layering scheme must be readily understood by county staff. All property information (parcels, lots, and requisite annotation) shall be drawn on a unique information layer, with all linework pertaining to the property feature located on that layer. Example: Parcel&-Al1 lines that form the parcel boundary will be located on one parcel layer. Annotations pertaining to property information shall be on a unique layer. Example: Lot dimensions-Lottxt layer. (Ord. No. 01-34, ~ 3.H.) DIVISION 3.4. EXPLOSIVES' Sec. :1.4.1. Title and citation. This division shall be known and may be cited as the "Collier County Explosives Regulations." .' Sec. 3.4.2. Purpose. This division is intended to control and regulate explosives in Collier County for the protection of the public health. safety. and welfare of its citizens and to prevent damage to property, personal injury and loss of life resulting from detonations of explosives. Further this division is intended to prevent the possession and use of explosives by unauthorized persons in the unincorporated areas of Collier County, or in roadways maintained by Collier County but 'Code reference-Fire prevention and protection, ch. 58. . Special acts reference-Fire prevention and protection, ch. 230. · State law references-Explosives, F.S. ch. 552; county ordinances regulating explo- sives, F.S. ~ 552.25. Supp. No. 12 LDC3:78.2 18 Prepared by and Retum tXl: Joyce Jones, an employee f:J FIrst AmeIlcIn T1tle Insurance Companv SOOO Tarnllml Trail North Naples, Florida 3'1103 (239) 434-0660 File No,: 185351 3146659 OR: 3241 PG: 2947 lIel1" b omew ... .f OIWII." n UIl7IZHJ at 12:55..11I.,., ... GIll . - 12"," lie III It.M JOC-,Tt ITS," leb: nar UllICU 'mI CO PIa If WABlWaX..AEE.Q This Indenture made on 13 e day f:J March, 2003 A.D., by Albert I. Dow8ctier and I_nor DowKDr, hlllbancl and wife lVol*h...... __ Ind_. '....._ .U~CIIl_Iftd.... WItn_IIh, that the grantXlr. YlIIlIbIe CllIlSkIerItIon, receipt rerr'J1 . reluSf'l, conveys and conn 1'IoItda. tD-Wft: DoIars, ($10.00) and other grants. bargains, sells, IIlens, In land situate In CDI... Countv. LOT 102 AND THI NORTH 1/2 OF LOT 101: LOT lD2, Of THe UNUCGRDID PLAT OF PUNfATION ISlAND, AU WA1BFIlONT MOBILE 1IOtlI1I&. d, LYING NOATH OF THe HALJlWAY CRIIIC; FROM THe NORTH 1/4 CIORNIR OF JlCuOn 24, TOWHIHIP 53 SOUTH, RANGI. usr, COLUIR COUNlY, ,,0--. RUN IGU11I 0 DlanaJ, 17 MINU1IS WII1' 74D.141'11T; THINC! NOIUH II DII7 -; 27 MlNUIII, WIlT 1274.12 Rrr; THeNCI SOUTtI 3 DMI8.., D MINUTIS WlSTM.33 FHT TO THe NORTH lAST tORNIR. OF LOT 102; THINCI SOU11t 3 DI!GRII!S D MINUTIS WIST 41 IU1'; THINCI 3 DIIGftUI D MINUTIS WII1' TO THI MJD.IIOINT OF L01' 101; THINCI! 1GU11I11 DRaa 27 MINUTIS WISf, 100 R!I'I) THINCI! NOR"" 3 DIGUIS D MINUTIS IAII' 20 PID, WHIOIIITHI SOUTH WIlT COIUIIR OF LOT 102; TItINCI NORTH 3 DIGUII U MINUTIS lAST 40 PIIT; THlfIClII rw-- 27 MINUTIS usr 100 FH1' 10 THe POINT Of BlGINNlNGI SUI2I!C1', HOWIVIR, 10 A UTILITY USlMENT ovo. ALONG AND ACROIITHI! USI'IIU.Y I Rrr THIItIOP. 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IM_...._.'" fWI' PJ-1Qa. ~~~ ('I?-., L.... WItn_ SItIIlItu,. PItnt NImI: flR,"'" Qx.tlltA rJ i - SIIliI or FL CllIIntv or 0lIl1Ir IlIlMI To, .....1 n .hlMl .... _.., DowIIm.r, I! icl dllYlr'lllCl bv AIbeltI. D''''l~ me or who IlIIr'tIMI -..-r:- C "fIE elo C CjAt.JIS '. RtlC . .. I" fANolIry~1 1!llpI18: . ';).00 b ,...1.12 10M. _1 .. .. .. g .. ~ ~ - - ;g ~ \0 - co .. .. .. c;r::J Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. George B & Karen T Delporto Inv.James Seabasty Department Case No. 2003031014 INVESTIGA nONS !::!2!!.r! Per Hour I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) I CODY Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees FINDING OF FACT HEARING PaQes CODies Per PaQe 21 273 0.022 o 0 $0.75 $700 Hours Per Hour 0.5 $65.00 0 $0.00 PaQes PerPaQe 1 $1000 3 $8.50 IMPOSITION OF FINES HEARING PaQes CODies Per Palle o 0 $0.15 o 0 $0.75 $700 Hours Per Hour 0.5 $65.00 Document Recording (First Page) Document Recording (Addl Pages) PaQes 1 1 PerPaQe $10.00 $850 Total Operational Costs $161.01 FOF Total I I IOF Total I ~ $0.001 I Total $6.01 $000 $3.00 $7.00 $16.011 Total $32.50 $0.00 $10.00 $25.50 $84.01\ I Total $0.00 $0.00 $3.00 $700 $10.001 Total $32 50 $10.00 $8.50 $51.001 $61.001 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. RE Investments, LLC., Respondent James R. Nici, Registered Agent DEPT No. CEVR20080000441 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3 4 5-6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20080000441 vs. RE INVESTMENTS LLC, Respondent(s) James R. Nici, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Vegetation Removal (Landfill Permit)3.05.01(B) LOCATION OF VIOLATION: 6121 Shady Oaks LN Naples, FL SERVED: RE INVESTMENTS LLC, Respondent James R. Nici, Registered Agent Susan O'Farrell. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples. Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'MTH A DISABILITY V\lHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THJS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8BOO: ASSISTED USTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idio/Tlll. Ingles. Servieios the traduccion no seran diSjlOnibles en I. audiencia y usted sera responsable de proveer su propio lraduf,;tor, parll un mejor entendimiento con las comunicacioncsdeesteevenlO,PortavortraigasupropiOlraductor, ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20080000441 RE Investments, LLC James R. Nici Esq. Registered Agent, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particuiarly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 04-41 as amended Collier County Land Development Code Section 3.05.01 B Vegetation Removal, Protection, and Preservation 2. Description of Violation: Vegetation removed from property without obtaining the proper Collier County pennits. 3. Location/address where violation exists: 6121 Shady Oaks Lane Naples, FI folio # 41882320006 4. Name and address of owner/person in charge of violation location: RE Investments, LLC James R. Nici, RA I ] 85 Immokalee Rd Ste 110 Naples, Florida 34110 5. Date violation first observed: 1-15-2008 6. Date owner/person in charge given Notice of Violation: 1-15-2008 7. Date on/by which violation to be corrected: 2-15-2008 8. Date ofre.inspection: 11-09-2009 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 21 st dav of Januarv. 2010 ~p. OJ:.-1I Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t r affirmed) and subscribed before this 21st day of Januarv , 20 I 0 by . " / _ , Jo.. ," A,/L- (Signature of Notary Public) Personally known ~or produced identification ~ ~ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBUC-STATE OF FLORIDA """""""" Indira Rajah ~~ iColl!mission #DD727241 .,.""".... Exprres: DEC. 07, 2011 BONDED 'IlIRU ^Tl.ANTICBONDrn~co., me. <9 REV 3-3-05 Case Number: CEVR20080000441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: RE INVESTMENTS lLC Investigator: Jennifer Waldron Date: January 15th, 2008 Phone: (239) 252-2444 Mailing: James R. Nici Esq. RIA for RE INVESTMENTS LlC 11851MMOKALEE RD, STE 110 NAPLES, FL 34110 Zoning Dist: E Sec 32 Twp 48 Rng 26 Legal: Subdivision Block lot 41882320006 location: 6121 Shady Oaks IN Naples, FL Folio 41882320006 OR Book 4030 Page 2838 Uninco"rporated Collier County NOTICE Pursuant to Collier County Code Enforcement Consolidated Ordinance No. 07-44, as amended, 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. Ord No. land Development Code 04-41 as amended Section LDC 3.05.01 (B) DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION{S). Did Witness: Vegetation removed on property without obtaining the proper Collier County permits. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy. vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. [ x] SUDolemental attached ORDER TO CORRECT VIOLATIONISI: You are directed by this Notice to take the following corrective action{s): Respondent must prepare a mitigation pian which meets the criteria as stated in 04-41 as amended Sec. 10.02.06.E.3 (Copy attached). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. (Copy attached). The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by respondent. Reports will be due at one year intervals. [ x] SUDDlemental attached ON OR BEFORE: February 15th, 2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND REQUESTS SHOULD BE DIRECTED TO CODE ENFORCEMENT INVESTIGATOR: Jennifer Waldron 2800 No. Horseshoe Dr. Naples, FL 34104 ( ) 252-2444 Fax: (239) 304-3917 Investigator Signature q7 tJ ~ Signature and Title of Recipient _~riSti e PQQ.1 Printed Name of Recipient Dated: January 15. 2008 ~ LAND DEVELOPMENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41 ,as amended 3.05.00 VEGETATION REMOVAL, PROTECTION, AND RESERVATION 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this LDC. B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or designee, except as hereinafter exempted. 4 Prq>ared bv and return to: Marc F. Oates, Esq. Attorney at La.. Marc F. Oates, P.A. 5515 Bryoon Drive Suite 502 Naples, FL 34109 239-598-1136 File Number: 01-712.008 Will Call No.: 3832431 OR: 4030 PG: 2838 R!CORD!D in OFFICIAL R!CORDS of COLLI!R CODITY, FL 05/04/2006 at 08:28AK DWIGHT I. BROCI, CL!RI COIS 555000.00 R1C F!B 18.50 DOC'.lO 3885.00 Retn: !lARC F OATIS PICI UF rSpace Above This line For Recording Datal Warranty Deed This Warranty Deed made this ndaY of April, 2006 between Michael D. Lnnd and N. Allison NisI, hnsband and wife whose post office address is 300 Bahia Vis, Fort Myers Beach, FL 33931-4414, grantor, and RE IDvestmenll, LLC, a Florida Umlted Uabllity company whose post 0 ddress is 1185 Immokslee Road Suite 110, Naples, FL 34110, grantee: \.;\~R CO(j (Wbcoevcr used herein the lerms "grantor" and "gm @ all the parties 10 . t and the heirs, legal representalives, and usigns of individuals, and the successors and usigns of corpo Is and lrusl~) o '/;, . :0. Snbject to ad valorem real property ifrpf e 1M d snbseqnent years; zoning, building code and otber nse restrictions Imposed b uthorlty; ontstandlng oU, gas and minerai Interests of record if any; and restrictions, reservations and easements common to the subdivision. 0/100 DOLLARS ($10.00) and other e r eip! whereof is hereby acknowledged, 'gus forever, the following described land, Witnesseth, that said grautor, for an in good and valuable considerations to s d has granted, bargained, and sold to situate, lying and being in Collier Co The East 180 reet or Tract the plat recorded In Plat Boo 'I;: ordance with and subject to ty, Florida. Parcel Identification Number: 4 Togetber with all the tenements. hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2005. In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year flrst above written. DoubleTI""", 6 *** OR: 4030 PG: 2839 *** Signed, sealed and delivered in our presence: ~2~F:Q/Jre.s J~~~e: ~!~:P~tc[w: ~ w~~~ ""~I ~e: ~,^~11r~~I~~ ~.~~ N. Allison NiSI (Seal) State of Florida County of to 1/1 {r State ofFlori\la County of [', ,h / r NOTARY ?;''';'jc."ATE OF FLORIDA ~susan R. Hardwig Commission #DD375362 . Expires: JA.'1. 02, 2009 Bonded Thr~ At.iarltic Bonding Co.,lne. Printed Name: <;IS Ot- e. /~ p,~d<-'tJ'..!i a:< co? DO c" The foregoing instrument was acknowledged pe[1l()nally known or [X] has produced a dri [Notary Seal] The foregoing instrument was acknowledg personally known or [X] has produced a driver's [Notary Seal] My Commission Expires: ..:lC-...... Wan-only Deed - Page 2 Doublellm.. (p COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20080000441 Board of County Commissioners, Collier County, Florida Vs. RE Investments, LLC Violation of Ordinance 04-41 Collier County Land Development Code Section(s) 3.05.01 B Vegetation Removal, Protection, and Preservation Susan O'Farrell, Code Enforcement Official Department Case No. CEVR20080000441 DESCRIPTION OF VIOLATION: Vegetation removed on property without obtaining the proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. The Respondent must prepare a mitigation plan which meets the criteria pursuant to 04-41, as amended, Section JO.02.06(E)(3) and obtain approval of the required plan AND The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section JO.02.02(A)(3) within days of this hearing or a daily fine of$ shall be assessed. 2. The mitigation plan must be implemented within plan by County staff or a daily fine of $ violation persists. 3. The respondent is required to establish a monitoring program that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by respondent. Reports will be due at one year intervals. days of approval of the will be assessed as long as the 4. 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. RE Investments, LLC. Inv.Susan O'Farrell Department Case No. CEVR20080000441 INVESTIGATIONS Hours Per Hour I CODV Costs & Mail Fees Black & White Color Three.Hole Punch Mail Countv Staff Clerk of Board Fees Other Staff $10.00 $25.50 FOF Total 1 $80.001 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 FINDING OF FACT HEARING PaQes CODies Per PaQe 7 91 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 PaQes PerPaQe 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $0.001 I Total $2.00 $0.00 $3.00 $7.00 $12.001 Total $32.50 $0.00 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail Countv Staff Clerk of Board Fees IMPOSITION OF FINES HEARING PaQes CODies Per PaQe o 0 $0.15 o 0 $0.75 $7.00 Hours 0.5 Per Hour $65.00 Document Recording (First Page) Document Recording (Addl Pages) PaQes 1 1 Per PaQe $10.00 $8.50 Total Operational Costs $153.00 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Fidel Jr. & Esperanza Alviar, Respondent DEPT No. CESD20090011176 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090011176 vs. FIDEL JR. & ESPERANZA ALVIAR, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC1 05.1 IAl LOCATION OF VIOLATION: 1312 CHRISTIAN TER EXT Immokalee, FL SERVED: ALVIAR JR, FIDEL & ESPERANZA, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON IMTH A DISABILITY Vv'HO 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'OFFlCE NarIFICACION: Est. audiencia sera oondllcida en eI idioma Ingles. Servicios the traduction no seran disponibles en la 8udiencia Y liSted sera responsable de proveer su propio lraductor, para Un mejor entendimiento conlas comWlic...iones de este evenlO. POffavor traiga su propio traductor. AIIAtisman _ Toulodisyon yofet an angle. Nou pan gin moun pou fetradiksyon. Si ou pa pale angle tanpri llini avek yon int~ret pou palf! pou-ou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090011176 Alviar Jr. Fidel & Esperanza, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s Florida Building Code, 2004 Edition, Chapter I Permits, Section 105.1. 2. Description of Violation: A roof, carport and storage room erected without first obtaining a Collier County Building Permit. 3. Location/address where violation exists: 1312 Christian Terrace Extension Immokalee, FI 34142 (Folio# 00062920005) 4. Name and address of owner/person in charge of violation location Fidel Jr. & Esperanza Alviar 1010 N 29th St. Immokalee, Fl 34142 5. Date violation first observed: June 26, 2009. 6. Date owner/person in charge given Notice of Violation: September 02, 2009. 7. Date onlby which violation to be corrected: October 1,2009. 8. Date of re-inspection: October 02.2009. 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 2(" dayoV~, 2010 ~ K Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER affirmed) and subscribed before thi~y of~20lff~)-~: PlllKitIC"hTAjTEl OF FLORIDA "W\ te e T. Snow . ~~.1 Co~siOD # DD929983 (pr~:e~~~ (Signature of Notary Public) Name of Notary Public) Personally known _ or produced identification_ Type of identification produced REV 1-12-10 ~ Case Number: CESD20090011176 Date: September 1, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ALVIAR JR, FIDEL & ESPERANZA 1010 N 29TH ST IMMOKALEE, FL 341422640 Location: 1312 CHRISTIAN TER EXT Immokalee, FL Unincorporated Collier County Zoning Dist: A.MHO Property Legal Description: 364628 N1/2 OF N1I2 OF E1/2 OF NE1/4 OF SW1/4 OF NE1/4 1.15 AC OR 1134 PG 1706 Folio: 62920005 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: A carport and storage room erected without a building permit. ORDER TO CORRECT VIOLATIONIS): 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: AN D / OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 10/01/2009 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. Investigator Signature Maria Rodriguez 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 3 AFFIDAVIT OF POSTING Code Case Number: CESD20090011176 Respondent(s): AL VIAR JR, FIDEL & ESPERANZA THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document!s)) XNotice of Violation _Notice of Hearing _Notice of Hearingllmposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Maria Rodriauez, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 1312 CHRISTIAN TER EXT Immokalee. FL, on _September 10, 2009 (Date), at _1 :30 pm (Time), and at the _Collier County Courthouse _X_ Immokalee Courthouse. ey-- (Signature of Code Enforcement Official) Maria Rodriguez STATE OF FLORiDA COUNTY OF COLLIER Sworn to (~ffirmed) anJ! ~u!lscrib~ before me this sO day of ~~. , 20pg by Maria Rodriguez (Name of person making statem nO ' \ NaTAllY PL'BLlC-STATE OF FLORIDA ......"...... Kitchell T. Snow =. iCor;nmic<:inn itnn929983 (Print, type or stamfl., jtIM~ NOOy.OIl, 2013 Notary Public) BoimED'THRU ATLA.-''TICBO~"DINGCo.,INc. ~erSOnallY known _Produced identification Type of identification produced 'Lj SECTION 105 PERMITS Chapter 1, Section 105, (1) 'ltli...l05.1 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. s i ~.? ./ 'j" ~ [,.0 lJ I ~ ~ ~ I- 0 '" z E , ~.s ~ :5 _In-al g o:'t4:1 a .::ac IV ~. Z :;~j .J: tDc~ ~ - oS UJ ~C! E 0::: u..D._ r ,.,\, WAn"''''' 0110 IUll.l!On '.I..un '~\ mSf:^Y -ll ",M'II: 11 llECORDED This ~ndenture, ;(10'333'5'0:3 .."t'lllt'~lt ~omft'l' MAlI.. ,11/1 7th Ilfl~' III May THEODORE L. HAGER, JR. A /l. 1'1 o~Bctwcrn URUCE IIENDRY and (,/,/n' CUll"')' "f Collier , III lill' S,.l'" ,,[ Florida. pnrl ieB ESPERANZA ALVIAR, husband and ..( "If> Ilull1"". ",,,I wife, FIDEL ALVIAR, JR. and uf II". COIlIllh' uf Collier . III "ll' 's'lIh' <II Florid.:a . Il'IIIUI' J"ul 1I"ln' 01111,.... /I Tara Park, Lot 61, Immoknlcc, Florida 13934, Dl~o P.O.Box 56,Immokal_o pari ics 01 IIII' ~"n"I<' ,.nrl, 1tfitntsstth. Tlml "ll' ,all' llevl ies uf IIII' liu' I'llrl. In' 11I1<1 '/1 nm.hlNlIllllII of "11' JI"" lit TEN ($10.001 DOLLI\RS I\NO OTIIER VI\LUI\DLE CONSIDER1\TION -'Hmlnn~- '" them /I, 'UII..I ""hi 1,.'1' ,,... ,nil/ ,mrl ies ut II". ,.'nlllll ,III,t. dll' "',','1'11 11'111''''111 h '",r[" nr~rlV1l'" r.'UI..l. '11I ve Ifrftlllrll. '..""nilll..I, 111111 ~..lcIllI ,,,,, .nhl Jlflrl lee "/lllr 1I'I"IIIIII,IIIrl. their ',rl" Ill'll "uil/lU [m"l...r, 11". t"Il"tl'illll ,'....nil...,'l"'"'. ~jll..lll'. 11I11' /",11111 I" .1". ('"ullly "I ColLier ~l"l.. 0' FloridLl .10111'11: The North one-half of mineral rights, '00110'6 PAGE In ltlilness llIhmo , "f.{,a.c IUlnd Sand IMl Slrlf' ,lay Grill Yllnr firs hereunlo ."t their S~s I o;;"dt'~/q.rr;b-ln tllr pmrnce of ~/'l, :*.1f; f' :f!!:,~':/~ ..... COUNTY OF COLLIER } .~...~:.............CD ;;J,"Jd__~.l0-k,*~" I HEREBY CERTIFY tb;!t 01\ thil day, heron: me. an orneer duly luthoriaed in lhe St:lte aforesaid ;l.nd in tlle COllnty :lrore~id to t:lke aek.nowlcdKmenll, pt:non:llly appt:ared BRUCE HENDRY and THEODORE L. HAGER, JR'r to me known 10 be the penon S delcribed in and who ""eellled the foregoing inltrument :lnd belore me Ihalthey l::lleclIted the lame. ..,..~ITtf~55'.IJ1Y h::md /Ind oHicia\ leal in i....~~~~~:;;~.~;:~~:D(.~i:t~ D. 1981. .: :::....... 0 \ I. h ~'.' '. : ...'{~... '.: :\.,~.~.:,' ~.~ ~ (~'\ ., , . h,; {C, \': ~. "l~' I~ IJ B \.. , t'::;' . \_:,~t~~~/;.~ {::~~~~'f>:... 11JU !t~i~iij~i;i.prcpnrcd by: Th . ornas K. Boardman Am/an 1400-A 15th Street North Immoka1ee, Florida 33934 aek.nowledged they the County ;and 51ale lail aloreuld lhi. 7 th ~BEf'Lf!:t~:m.........._.m. Ny Commission 'EXPil~s: 'C121OA xr ~J,'19 " ,'~~. l.tC)llW I 'I~' day of PREPARATION OF INSTRU~~NT ONLY ~....-.-~~:,~.~~ot ..."" "',.'1I~ ... ._.J .,.......,. .........P'c",-".,.;....".. L ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CESD200900 11176 Board of County Commissioners, Collier County, Florida Vs. Alviar Jr, Fidel & Esperanza Violation of Ordinance/Section(s) Florida Building Code, 2004 Edition, Chapter 1 permits, Section 105.1 Maria Rodriguez, Code Enforcement Official Department Case No. CESD200900I1176 DESCRIPTION OF VIOLATION: A roof with an attached carport and storage room erected without first obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Must apply for and obtain a Collier County Building Permit for 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 4/24109 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Fidel Jr. & Esperanza Alviar Inv.Maria Rodriguez Department Case No. CESD20090011176 INVESTIGATIONS Hours Per Hour $7.00 I Total $0:001 I Total $2.00 $0.00 $3.00 $7.00 $12.001 I CODY Costs & Mail Fees Black & White Color Three.Hole Punch Mail FINDING OF FACT HEARING Paoes CODies Per Paoe 7 91 0.022 o 0 $Q75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paoes PerPaoe 1 $10.00 3 $8.50 Total $32.50 $0.00 Countv Staff Clerk of Board Fees Other Staff Countv Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.001 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I CODV Costs & Mail Fees Black & White Color Three.Hole Punch Mail IMPOSITION OF FINES HEARING Paoes CODies Per Paoe o 0 $0.15 o 0 $0.75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) Paoes 1 1 Per Paoe $10.00 $8.50 Total Operational Costs $153.00 BOARD OF COUNTY COMMISSIONERS Collier County. Florida Petitioner \'(" ,., Case No <;:.!;9D200900J1.1.Zf> Alviar Jr, Fidei & Esperanza Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Fidel Alviar. on behalf of himself and Esperanza Alviar as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation In reference (c;a,se) rnurnpElr CEpD2099001.1176 dated the 1st day of September, 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 February 25, 2010; to prornote 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 $8000 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 for all improvements, new pitched roof, carport, storage shed, and request required inspection to be performed and pass thru a certificate of completion/occupancy or Demolition Permit and request required inspection to be performed and pass thru a certificate of completion/occupancy within 180 days of this hearing or a fine of $100 per day will be irnposed. ,} Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. C!,~ IH)LII~; Illl[.ce sf1.111 he by phone IX j;lx dlld made (luring 111e workweek If the Violation is abated 24 110cJrS pi-jar to a SCltllrday, Sunday or IfCgal hoiluav, It18rlltle i'()lllli:cliiun mllsl bE' rtlride un the IW\t ,jay t11dt is not a Satur-clay, ~jiJl1day or legal holiday.) 4) That If the f'<espondent 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 agreement and all costs of abatement shall be assessed to the property owner. - - Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Erick Ponce & Anita Garza, Respondent DEPT No. CESD20090009468 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-13 14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090009468 vs. ERICK PONCE & ANITA GARZA, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Permit22-26(b)(104.1.3.5) LOCATION OF VIOLATION: 1287 ALLEGIANCE WAY Immokalee, FL SERVED: ERICK PONCE & ANITA GARZA, 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 appeai process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'MTH 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 conducidll ell el idioma Ingles_ Servicios the traduction no seran disponibles en I. audicncia Y listed sera responsable de proveer su propio Induclor, para un mejot entendimiento con las comlll1icacionesdeestcevenlo.Porfavortraigasupropiotraductor. Avetisman _ Tout odisyon yofet an anglA. Nou pan gin moun pou fa tradiksyon. Si ou pa pale angle tanpri vini avek yon in\lllprel pou pale pou-ou. ::L COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD vs. Eric Ponce & Anita Garza, Respondent(s) DEPT CASE NO. CESD20090009468 STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07.44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcemeot Board, for the following reasons: I. Violation ofOrdinance(s Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(I 06.1.2), Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building, Section 22-26(b) (104.1.3.5) 2. Description of Violation: A structure.tiki hut and fence built and installed without a penn it. 3. Location/address where violation exists: 1287 Allegiance Way Immokalee, Fl 34]42 (Folio 51677514428). 4. Name and address of owner/person in charge of violation location Eric Ponce & Anita Garza 1287 Allegiance Way Immokalee, FI 34142. 5. Date violation first observed: July 14,2009. 6. Date owner/person in charge given Notice of Violation: August 18,2009. 7. Date oolby which violation to be corrected: September 17,2009. 8. Date ofre.inspection: September 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 PUbli~. Dated this Lday of February, 2010 " M~' 11 M aria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before thi~1ay of~, 2010 b REV 1-12.10 ( l!apyf/Ui ~ v1/~ (Signature of Notary Public) - ,._ _n.__.~.._.......__...._ pe/Stamp Commissioned of Notary Public) NOTARY PUBLIC-STATE OFFlAlRlDA ,.......,..\ Jennifer E. Waldron ~..J CO~mission ~DD823767 ........... Expll'es: SEP. 17.2012 1""'\ BONll!J:l ~u ATt.ANTIc RONDD'W co" INe Dl '- Case Number: CESD20090009468 Date: August 17, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: PONCE, ERICK ANITA GARZA 1287 ALLEGIANCE WAY IMMOKALEE, FL 341422502 Location: 1287 ALLEGIANCE WAY Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-5(4) Property Legal Description: INDEPENDENCE PHASE TWO LOT 75 Folio: 51677514428 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: Certificate of Occupancy Required. 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) (106.1.2) Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buiidings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.1.3.5) Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the technical Codes, reviewed plans and specifications, and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions of this Code.: A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, fe.vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Violation Status. Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A structure. tiki hut and fence...built and installed wIthout permits. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must requesUcause required inspections to be performed and obtain a certificate of occupancy/compietion. OR demolish described improvements/structure and remove from property. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements AND / OR Must remove said sIructure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 09/17/2009 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 -3 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. C> Investigator Signature Maria Rodriguez INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: ig /lniJr; ~(~ Printed Mame of ecipien - ~.-- /<t~ ()1' Date L/ I Sec. 22-26. . Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101.1, entitled "Scope," is deleted in its entirety and replaced with the following: IOf.l. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non.technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire/Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section IOf.2, entitled "Title," is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ("ACC") hereinafter referred to as the "ACC.' Section 101.3.3, is a new section entitled "Permitting and Inspection' which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court. or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building. system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire," which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration. repair, equipment, use, occupancy. location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations. repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance," which will read as follows: 101.4.9.2. All building. structures, electrical, gas, mechanical, plumbing. and fire protection systems, both existing and new. and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsibie for the maintenance of buildings. structures, electrical, gas, mechanical. fire and plumbing and all other applicable systems. Section 102, is a 'Reserved" section entitled "Building Department," which will include a new Section 102.1., entitled "Restrictions on Employees," which will read as follows: 102.1. An employee connected with the enforcement of this Code, except one whose only connection is as a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. No such employee shall engage in any other work that is inconsistent with his duties or is in conflict with the interests of the department. Section 102 will also include a new Section 102.2, entitled "Records," which will read as follows: s 102.2. The Building Official shall keep, or cause to be kept, a record of the business of the department. Except as may be otherwise specified by Florida Statutes, including the Public Records Law, all records of the department shall be open to public inspection. Section 102 will also Include a new Section 102.3, entitled "Liability," which will read as follows: 102.3. No County employee nor any member of the Board of Adjustments and Appeals. charged with the enforcement of this Code or any technical Code, acting for the applicable governing authority in the discharge of such duties, shall thereby render himself personally liable. and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. Any suit brought against any employee or member because of such act performed by him in the enforcement of any provision of this Code or any of the technical Code, shall be defended by the County Attorney until the final termination of the proceedings. Section 102 will also include a new Seclion 102.4, enlitled "Reports, . which will read as follows: 102.4. The Building Official shall submit annually a report covering the work 01 the preceding year. He may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. Seclion 103.8, is a new section (wilh numbered sections) entitled "Right of Entry, " which will read as follows: 103.8. Whenever necessary to make an inspection to enforce any of the provisions of this Code or the technical Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical, plumbing or fire systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Building Official by this code, provided that. if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused. the Building Official shall have recourse to every means provided by law to secure entry. 103.8.1. When the Building Official shall have first obtained a proper inspection warrant or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. Section 103.9, entitled "Stop work orders' is a new section which will read as follows: 103.9. Whenever a life. health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday. Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103.10, entitled "Revocation of Permits," is a new section (with numbered sections 103.10.1. and 103.10.2) which will read as follows: 103. 10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. w 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, eiectrical, gas, mechanical, plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 103.11, entitled "Safety," is a new section (with numbered subsections 103.11 1. and 103.11.2) which will read as foliows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe. unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103. 11.2. Physicai Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be In place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which wili read as foliows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re.vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling. formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting Is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, ietter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test plies are only allowed to remain exposed for a maximum of six (6) months. Section 104.2.1.2, entitled "Additional Requirements," is a new section which wili read as foliows: 104.2.1.2 Additional Requirements: 1. Drawings to scale, minimum scale is %~. 2. A site plan which shows the location of the proposed building or structure and every existing building or structure on the Site or lot. 3. The first sheet of the Architectural Plans shall provide an information block with the following details: '1 (a) Occupancy classification(s). If the building contains more than one (1) occupancy classification and/or tenant use areas. list each separately with the individual square footages. (b) Establish the required live load for the intended use of each floor and/or mezzanine area. (c) Building area (sq. fl.) for each floor and mezzanine area. (d) Grade elevation of first floor + N.G.V.D. (e) Applicable Flood zone. (f) Elevation of first habitable floor + N.G.V.D. (g) Height of building in feet above grade. (h) Building height in stories. (i) Type of construction. (j) Designed for applicable wind load. (k) Parking summary for occupancy classification(s) consistent with the calculation and supporting documentation from the approved final site development plan. 4. The permit documents (drawings) shall be no larger than 24" X 36." 5. The Building Official may require details, computations, stress diagrams, panel schedules, and other data necessary to describe the construction or installation and the basis of calculations. 6. Pre.manufactured Building Components. (a) Building components designed by specialty engineers (i.e. roof trusses, floor trusses, precast floor slabs, etc.) are required to be submitted at time of permit application. Extra loading of the trusses, beams or girders with hot water heaters, air handlers, compressors or other loads not specifically considered in the specialty design will not be allowed without engineered sealed drawings acknowledging such extra loads. (b) The specialty engineer shall acknowledge that additional loading has been considered in the design and the type of roof covering shall be designated on the truss plans. (c) There will be no jobsite modifications of product allowed without an approved design by the specialty engineer. (d) During the design process of roof trusses, floor trusses, or precast floor slabs, consideration must be given to the possibility that point loading (i.e. girders and columns) may dictate redesign of bearing footing. This shall be coordinated by the design professional. (e) The design professionai shall make a statement on his plan that he has considered and coordinated the truss layout plans, anchor detaiis, uplift loads and reaction loads into his architecturai plans by naming the truss manufacturer, their job number, and the date of the truss manufacturers plans on his architectural plans. (f) Provide the truss layout plans and details by the truss manufacturer to include the profiles for all special trusses that have reaction loads over 5000# and uplift loads over 1000#. These special reaction and uplift connections shall be keyed into a schedule that coordinates with the truss layout plan by a highlighted indication on the truss layout plan for quick reference. The truss manufacturer or the design professional shall provide the recommended anchor for each special connection in the required schedule. The engineered cut sheets for all trusses shall be available at the job site prior to the required inspection. (g) Provide an anchor bolt plan, fastener schedule and shop drawings as furnished by the steel building manufacturer. <6 (h) Product approval is not required; however, all exterior doors, windows, skyiights, vents, etc. shall be approved at the final inspection with either a certification sticker, by an approved testing laboratory and applied to the product by the manufacturer, or a signed and sealed document by the design professional indicating that the item is able to withstand the applicabie wind loading requirements as set forth on the maps adopted pursuant to ~ 1606.1.6. of the 2001 edition of the FBC, for the exact location of windspeed lines. (i) Engineered drawings shall be submitted with a signature and raised seal for all miscellaneous structures such as awnings, shutters, screen enclosures, swimming pools, spas and seawalls. Note: Job specific engineering is not required for aluminum structures that meet the specifications of approved master plan design manuals. These manuals shall be signed and sealed by a Florida state registered engineer and be provided to the building department. The master plan service provider shall periodically update their approved client list. Only approved clients of the service are allowed to reference the master plan design manual. (j) All signs and electric light standards shall meet structural and other standards regarding sign and light pole construction, erection, electrical wiring, etc. set forth in the building code. Pians for any pole or ground sign exceeding 32 square feet in area and/or eight (8) feet in height or light pole exceeding 8 ft. in height shall be accompanied by foundation drawings signed and sealed by a licensed architect or engineer or the manufacturers recommendations as published by their representative engineer. (k) The Florida State certified architect or engineer of record shall sign and seal all submitted documents that were prepared under his/her license for the structural and functional components of the structure. The architect or engineer of record shall also indicate their company name. his/her legal name and State of Florida license number, address and phone number in the title block. 7. A Lot Drainage Plan shall be submitted by the permitted at time of approved Lot Drainage Plan at time of Certificate of Occupancy Inspection. Ground elevations shall be gradually sloped away from the building to effectively drain water away and to be managed on site through roof guttering or earth grading. No significant stormwater runoff is permitted to flow from the subject premises onto abutting properties. 8. Plans shall show that construction of the lowest finished floor meets the elevation criteria listed below or engineered properly to a site specific design and certified by an architect or engineer, when conflict exist between the FIRM elevation and others, the higher elevation shall be required; (a) FIRM elevation-The elevation that has been established by the Flood Insurance Rate Maps (FIRM). (b) Paved Road-A minimum of 18 inches above the crown of the nearest street or interior roadway system if finished with paving; or (c) Graded or Unfinished Road-24 inches above the crown if graded or otherwise unfinished; or (d) Mean Sea Level-Seven (7) feet above Mean Sea Level (MSL) based on the 1929 National Geodetic Vertical Datum (NGVD); or (e) Water Management Design. (1) Buildings within projects which have water management routing and storage facilities designed and built for a 25- year. three (3) day storm event in accordance with South Florida Water Management District's criteria may use a finish floor elevation in accordance with the project's water management designed 100 year zero discharge elevation or the FIRM eievation, whichever is higher. (2) Buildings which are not within projects having a water management storage facility designed and built for a 25- year, three (3) day storm event in accordance with South Florida Water Management District's criteria shall use a finish floor elevation of 18 inches above the adjacent roadway crown elevation or the FIRM elevation, whichever is higher. 9. On parcels where unusual topographic conditions exist and the above standard conditions cannot be reasonably applied, the Building Official will consider requests to decrease the finish.f1oor elevation. All requests will require an analysis by a Fiorida registered professional engineer of the 25-year, three (3) day storm event and the 100 year, three (3) day storm event. using zero discharge for the entire drainage basin in which the proposed structure is located. Reductions may be allowed on the basis of the analysis, but in no case shall the finish floor be less than the FIRM. Note: Slabs for garages, carports, screen enclosures, etc., must be at least equal in elevation to the crown of the nearest street. 10. Building permits that require a foundation inspection or floor elevation inspection shall submit a current survey with the permit application. q 11. For fire damage issues, a professional review and written report shall be submitted concerning the components to be salvaged and all structural systems shall be certified by an architect or engineer. These documents will be required before issuing a permit for reconstruction of a fire-damaged structure. Section 104.4.1.6, entitied "Licensed Contractor/Designated Agent," is a new section which wili read as foliows: 104.4.1.6. All construction within the County's jurisdiction shall be performed through and supervised by a licensed general contractor. A licensed contractor shall sign the application but may designate an employee or permitting service to submit and/or receive a building permit. Such designation shall be by power of attorney. and a separate power of attorney shall be required for each specific project or permit request. The power of attorney shall remain in effect for a period of one (1) year and it is the contractor's responsibility to notify the Building Review and Permitting Department of any change in status of the designee. Section 104.1.7, entitied "Unlicensed contractor," is a new section which wili read as foliows: 104.1.7. A permit may be issued by the Building Review and Permitting Department to an unlicensed builder to build or improve a one. family or two.family residence or a farm outbuilding which is for their own use or occupancy and which remains under the same ownership and occupancy for a period of at least two (2) calendar years from the date Certificate of Occupancy is issued. During such two (2) year period, no additional permits, other than accessory, will be issued to this individual. All owners constructing their own residence shall carry public liability insurance equal to that as required for general contractors, and shall file a Certificate of Insurance with the Building Services Division. The Building Review and Permitting Department may also issue a permit to an unlicensed builder to build or improve their own commercial building provided the costs does not exceed $25.000.00 and the building is for their own use and occupancy and not for sale or lease. Section 104.1.7. I., is a new section which will read as foliows: 104.1.7. 1. A building permit issued to a licensed contractor by the Building Review and Permitting Department may be transferred to the subject property owner as an unlicensed contractor to complete construction of a single. family residence consistent with the terms and conditions specified in Section 104.1.7. Prior to the actual transfer of the building permit from the licensed contractor to the unlicensed contractor either of the following must occur: (i) The licensed contractor shall execute and submit to the Building Review and Permitting Department a sworn affidavit consenting to the full and complete release and transfer of the building permit from the contractor's control to the unlicensed contractor to complete construction of the single-family residence; or (i1) In the event the licensed contractor will not execute the aforementioned affidavit of release and transfer, the unlicensed contractor shall enter into an agreement with the County addressing the following to the satisfaction of the Building Official: (a) That the unlicensed contractor has requested that the licensed contractor provide an affidavit of release and transfer, and that the licensed contractor has refused; (b) That the unlicensed contractor has requested that the County transfer the building permit from the licensed contractor to the unlicensed contractor to complete the construction of a single.family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability. losses, penalties, damages. and professional fees, including attorney fees and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the foliowing: /6 1. The permit application and the plans shall be reviewed, approved. and ready for issuance within a reasonable lime from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceied. The cancellation process includes disposal of the appiication and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, uniess prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by fhe permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. if construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit. and is subsequentty abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonmenf or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to deiay in deiivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shaH not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension of the project. the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt of the Building Official's decision, the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Council or a duly authorized Board may reverse the decision of the Building Official. Section 104.5.4, entitled "Waste Materials Management," is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state. and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and of other types of waste, and that is capable of serving as fiil material without environmental harm to. or pollution of, ground waters or surtace waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers. cloth, wood and wood products, sweepings, liquids other than water. sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing. and other horticuitural wastes, shaH not be buried on.site (unless specifically allowed by County Ordinance or the Land Deveiopment Code), but shall be otherwise lawtully disposed of. Section 104.5.5, entitled "Dust Control," is a new section which will read as follows: 1/ 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of the work causing such dust and to decline inspection requests. Section 104.5.6, entitled "Noise Control," is a new section which will read as follows: 104.5.6. Construction activities are permitted only during the following times: 6:30 a.m. until 7:00 p.m. Monday through Saturday. No work is permitted on Sundays and the foilowing holidays: New Year's Day, Memorial Day, 41h of July, Labor Day, Thanksgiving Day, and Christmas Day. Section 104.6.2, entitled "Work Commencing before Permit Issuance," has been deleted in its entirety and replaced with the following: 104.6.2. If any person commences any work on a building or structure before obtaining the necessary permit. he shall be subject to a penalty of quadruple (four times) the permit fees. Section 104.6.4, entitled "Schedule of permit fees.' has been deleted in its entirety and replaced with the following: 104.6.4. The Board of County Commissioners shall establish. by resolution, a schedule of fees and charges pertaining to permit and inspection processes under this Code and related Ordinances. It is the intent ot these regulations that the County shall not be required to bear any part of the cost of applications made under this Code. These fees may be changed by Resolution of the Board of County Commissioners and are not subject to the appeal process. No permit shall be issued until the fees prescribed in this section have been paid, nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the estimated cost of the building, structure, electrical. plumbing, mechanical, or gas systems, has been paid. Section 104.6.5, entitled "Tenant improvements," is a new section which wifl read as follows: 104.6.5. The general contractor of record for the building shell permit will be allowed to apply for a permit for tenant improvements before the shell has been given a Certificate of Occupancy. Only the general contractor of the building shell will be able to obtain a permit for a tenant improvement prior to the shell being given a Certificate of Occupancy. Each tenant space (i.e., unit, suite. etc.) that is not finished under the original building contract will require its own permit for improvements. Revisions to the original scope of work will not be considered for complete tenant improvements after the original permit is issued. No tenant spaces will receive a Certificate of Occupancy until after the shell has been given a Certificate of Completion. Exceptions will be considered and reviewed by the Building Official, or his/her designee. Final decision will be made based upon Life, Health and Safety issues. The shell permit will be referenced on the tenant improvement permit. Section 105.4.1, entitled "Buifding (4). Partial building inspections," is a new section which will read as follows: 105.4.1. Partiai inspections for structural, plumbing. mechanical, and electrical will be made as requested, providing the request meets one or more of the following guidelines; (a) Submit an inspection plan. (b) There are more than seven (7) units on one (1) floor. (c) Stepped construction (discontinuous floor levels). (d) Outside perimeter walls to allow for start of insulation on large commercial jobs. (e) Underground electric, sewer or water piping where cave in is of concern. 1& (f) Under slab work. (g) Buildings with three (3) or more Iloors for fire rating of ceilings. All other partial inspections may be arranged after submittal of an approved specific inspection plan, satisfactory to the Building Official. Note: Failure to follow an approved inspection plan may result in the removal 01 the completed work that was accomplished after the last approved inspection. Section 105.6.1, entitled "Building Inspections. As.Built survey," to read as follows: 105.6.1. It is the duty of the permit holder to submit to the Building Official, within 10 calendar days of this inspection, a location survey depicting the building foundation. The location of the building and the linished fioor shall be precisely dimensioned in relation to each and every lot line as established by the zoning district or as established by conditions attached to the development permit, applicable to the permitted structure and the property upon which said structure is being constructed. The As Built Survey shall be prepared by or under the direct supervision of a Florida registered land surveyor and certified by same. Any work done prior to the survey required hereby shall be at the permit holder's risk. The Building Official shall review the location survey and approve same il all setback requirements are met. Deficiencies or encroachments detected by such review shall be corrected by the permit holder forthwith and prior to further work. Failure to submit the survey required hereby or failure to make said corrections shall be cause to issue a Stop-Work Order for the project. Exception: Eievated finish floors will have the survey submitted within 10 days of completion of the Iloor. Section 105.6.2, entitled "Accessibility for Building Inspectors," is a new section which will read as follows: 105.6.2. The permit holder shall provide, have on site, and have present at the time 01 inspection. a job representative to assist the County Inspector with all required ladders, scaffolds, ramps etc. for the proper inspection of all building components. Such temporary or permanent access facilities shall be provided for and maintained by the permit holder in addition to all insurance and liability issues. II accessibility to the required inspection is not available to the County Inspector at the time of his or her inspection, then the permit holder shall be subject to a re.inspection fee. Section 106. 1.2 entitled "Issuing Certificate of Occupancy, ., is a amended as follows: 106.1.2 Issuing Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure and installation of electrical, gas, mechanicai and plumbing systems in accordance with the technical Codes, reviewed plans and specifications. and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number 01 persons for each floor when limited by law, and the allowable load per square foot for each Iloor in accordance with the provisions of this Code. 13 Book 4170 - Page 2220 m mom OR.: U7Q PG: 221:0 1U l~j II IIl1I11> _ ollJl'UlJli J1lWl'1, " WIJ,JHI 4J. Il,JII' lITiIIl.lIIoCl;. cu. tIIII 1Jf,,".1I IK 111 IU,I 1&:., It 115.101 .,......~".iri,,;NIO!,. 'If. ,'-Un]' 1(:.:11. :1""11.$" I\UUia ~ .....1:1.-.. 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Jrl ~'J"'t. ~..' .Ji], h~1'io ,"M~U;.. h.t.l'..... .i.:.",r:.. -::'f ::..:llld L':~",...I,.~ ,.:.....,.\1 ...,....................Ilitt....... .............-..w.w' .....~....."'" liif...-. ~ I.~ 'WIIlfn.eI;....-.----.--...........-~-,.........._, ~..w.+_.............pI'II'IM" ."7ff~iA~ I-.c.cWdj . 0:.......' '*14 t1,," I)t ,......... ;Ol'JIC'Kn'M~.1.l"', .........,.... ---. _ -.........._... t ".1-~.. Ju..,. liic.t ~ ......i. ~..... 1Mi.~ ..., ~c..iI'l; ,t.idI ~Ilp' .... ....t~ .......,1 Ii...., I ,. 'l':id;IM,; .aco~f!'i.'I; ~UUoil .. tNUJ.f I1:al u.. ~u.c... ... ..'......, -...--t................,rJ.;t... ""'--'. ~'..........' . Y- ~ 'hJ..tf.t..J!- '0 iit<Joi;," ~IJ "'1(~O:'P;,,""1l '=~ 1.~io,oI,,!!,,2"" .-...;.>:.... .....-...--..,.. .....,..,~ http://www.collierappraiser.comlviewerlImage.asp ?Percent=&ImageID=425308 Page 1 ot I IL/ 1/5/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090009468 Board of County Commissioners, Collier County, Florida Vs. Eric Ponce & Anita Garza Violation of Ordinance/Section(s) Collier County Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (106.1.2), Collier County 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) Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090009468 DESCRIPTION OF VIOLA TION: A Tiki Hut and Fence built and installed without permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Must obtain a Collier County Building Permit or Demolition permit and request required inspections to be pelformed and pass thru a certificate of completion/occupancy within XX days of this hearing or a fine of $XX per day will be irnposed. 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.Erick Ponce & Anita Garza Inv.Maria Rodriguez Department Case No. CESD20090009468 INVESTIGATIONS Hours Per Hour I Copv Costs & Mail Fees Black & White Color Three.Hole Punch Mail Countv Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Palles Copies Per Palle 15 195 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Palles PerPalle 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total so.ooj I Total $4.29 $0.00 $3.00 $7.00 $14.291 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $82.291 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Palles Copies Per Palle o 0 $0.15 o 0 $0.75 $7.00 Hours 05 Per Hour $65.00 Document Recording (First Page) Document Recording (Addl Pages) Palles 1 1 Per Palle $10.00 $8.50 Total Operational Costs $157.58 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20090009468 Ponce, Erick Anita Garza Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Erick Ponce and Anita Garza, on behalf of himself and Anita Ponce as representative for Respondent enters into this Stipulation and Agreement with Collier County as to the resoiution of Notices of Violation in reference (case) number CESD20090009468 dated the 17th day of August, 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 February 25, 2010; 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 $ ~O. J 1 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Must obtain a Collier County Building permit or Dernolition permit and request required inspections 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 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 Ihat 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. ~~ Code Enforcement Department . E; II 1 'F>(J~,\ (' R Respondent or Representative (print) ~( Z ~ / 10 Date L- /q ~ 2-0' 0 Date 00 ~h.c..I-{l. 0" l1n :.~ Q-o.,' zo-.. -r/p - REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alan & Margaret Vincent, Respondent DEPT No. CEVR20080016165 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CEVR20080016165 vs. ALAN & MARGARET VINCENT, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Exotic Removal Maintenance3.05.08(C) LOCATION OF VIOLATION: 7020 Sable Ridge LN Naples, FL SERVED: ALAN & MARGARET VINCENT, Respondent Susan O'Farrell. Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date-set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VYlTH A DISABILITY VVHO 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 TAMlAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NQTlFICACION: Est. audiencillsera conducida en el idioma Ingles. Servicios the traduction no Sel"an disp'lI1ibles en III audiencia y usled sera responsable de proyeer su p'Opio lraductor, para un mejor entendimiento con 185 oomunicaciones de este evenlO. Porfavortraiga SU propio traductor. Avelisman- Toutodisyon yo 1$1 an angltt. Nou pan gin moun pou fe lradiksyon. Si ou pa pale angle Ianpri vini avekyon lntepre\ pou pale pou-ou. i COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEVR20080016165 Alan and Margaret Vincent, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and ColIier County Ordinance No. 0744, 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 0441 ColIier County Land Development Code as amended Section 3.05.08 C 2. Description of Violation: Observed Meleleuca and Brazilian Pepper on subject property. 3. Location/address where violation exists: 7020 Sable Ridge Lane Naples, FI folio #38450321000 4. Name and address of owner/person in charge of violation location: Alan and Margaret Vincent 7020 Sable Ridge Lane Naples, Florida 5. Date violation first observed: 11-13-2008 6. Date owner/person in charge given Notice of Violation: 11-25-2008 7. Date on/by which violation to be corrected: 12-30-2008 8. Date ofre.inspection: 10-28-2009 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 ColIier 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 30th day of October, 2009 STATE OF FLORIDA COUNTY OF COLLIER ~ ubscribed before this3:Qday oQ~2009 by ~PO~I Susan O'Farrell Code Enforcement Investigator RlDA NOTARY p1JllUC.S~ATE OF~ . ,......... Mane L. en 0 l.\commiSsiOn #DD72100 : : . OCT 01 2011 ~ ,l Exprres: . I C. ~"...,~ .... ~..me BONDING CO., IN BONDED TIIRU Au.n>' U (Print/Type/Stamp Commissioned Name of Notary Public) REV 3-3-05 () Case Number: CEVR20080016165 Date: November 20, 2008 Investigator: Susan O'Farrell Phone: 252-5754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: VINCENT, ALAN & MARGARET 7020 SABLE RIDGE LN NAPLES,FL 341093806 Location: 7020 Sable Ridge LN Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 35 E 180FT OF TR 5E Folio: 38450321000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above.described location. Ordinance/Code: Requirement for Removal of Prohibited Exotic Vegetation. Exotic Vegetation Maintenance Plan. Collier County Land Development Code 0441, as amended, Section 3.05.08(C) The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single.family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit.: Violation Status. Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: OBSERVED MELELEUCA AND BRAZILIAN PEPPER ON SUBJECT PROPERTY. ORDER TO CORRECT VIOLA TIONISI: You are directed by this Notice to take the following corrective action(s): 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41, as amended, Section 3.05.08 ON OR BEFORE: 12/30/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may resu~ in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: Susan O'Farrell ~p D"h:-JI Investigator Signature Susan O'Farrell INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date Date d ,.. . . . -v ,(') ~"'l)). ~ ~f1l~ii'~ D III 1ll0iij ii"::J i3.3 D l~ 13 ....::1 1i _::r ,<.J:lo."Q. -V c. ffi:;:~ o:;;;a, (i0a., I [U~:C" .... lIlCll r; ,J~~~r . III .r .,,0-11:: ..0 r--Ill .. ~11~[[~ D ~ CD .. D :tIlCl 9'3 ~J" .... C4 _. QI ~ il~J! D 0 ..a.ia D ,0 "'lQ - .... ICO OCD il'!l.~~ii~ D g \fir-:$; . :;:8' go. '" ... (,,)::1::1 i~ ili D ,01 CO (') 0 ~J In ,'" Ol Ol UJ 01 D l ..0 '" iD~ >, ~h!i ,,;:I!!' ~ U\ l1i ODD ~O : Ui ~ d 1> o ~ ~ i 0. f '" , o , '- ':Q \... ~ ..,. -" AFFIDAVIT OF POSTING Respondent(s): Alan and Margaret Vincent 7020 Sable Ridge Lane Naples, Florida 'ode Case CEVR200800J6165 CEB# Special Mag>> Irate Case THE DESCRIPTION OF mE DOCUMENT(S) POSTED IS/ARE, (Check the applicable document(s) ~ Notice of Violation o Notice of Hearing o Notice of HearinglImposition of Fines o Citation o Notice to Appear D Code Enforcement Board Evidence Packet 000,,: I, Susan O'Farrell (Code Enforcement Official) . hereby swear and affil" that I have personally posted the above described document(s) for the above respondents at 70: I Sable Ridge Lane Naples, Florida (Address) on 11-20-200S (Date) 2:15 (Time) ,and at the Colliel :ounty Courthouse. ~ PC )U1 Signature .--.-----.---- Environnlen :'J Specialist Title STATE OFFLORlDA COUNTY OF COLLIER (Print, type or stamp Commissioned Dame of Notary Public) /l -rJ!vS'" ~",,,,o~'ll.\\'\g> .""l'.:~\;\,,~. C.IlIl':\O\\ ;\l'>l"" V". ~Q1). C~l' ~ 5jt' ....... _""' Ilt; ',.."''' ,. .....(.0......... """ :. i'v~~c \.,.".".~~\l ","" Personally KnO~ Produced Identification - Type ofIdentificatioD Produced Rev 6/27/07 5 COLLIER COUNTY LAND DEVELOPMENT CODE ii. 3.05.08 Within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3.05.07 C. Iii. As required with golf courses, prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility; iv. Eighty percent vegetative coverage, of the created preserves and supplemental plantings in preserves, is required within a two.year period following the initial planting and shall be maintained in perpetuity. Native plants that recruit on their own within the preserve will be counted towards this coverage requirement. b. Annual maintenance. Annual maintenance shall be required according to the Preserve Management Plan. 3. Required setbacks to preserves. a. All principal structures shall have a minimum 25-foot setback from the boundary of any preserve. accessory structures and all other site alter. ations shall have a minimum 10-foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adverseiy impact the integrity of that preserve. (i.e. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetiand preserve, unless it can be demonstrated that it will not negatively impact that wetland. b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07 F.3.f. 4. Exemptions. a. Single family residences are subject only to the applicable vegetation retention standards found in 3.05.07. b. Applications for development orders authorizing site improvements, such as an SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed sufficient prior to June 19, 2003 are not required to comply with the provisions of this section 3.05.07 H., which were adopted on or after June 19, 2003. (Ord. No. 05-27, S 3.M) 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earfeaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Supp. No.2 LDC3:40 w RESOURCE PROTECTION 3.05.08 3.05.08 A. Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights.of.way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course failways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. Supp. No.2 LDC3:41 1 COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.08 A. 3.05.10 A. Herbicides utilized in the removal of prohibited exotic vegetation shaH have been approved by the U.S. Environmental Protection Agency. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. B. Exotic vegetation maintenance plan. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegeta. tion removal prior to the issuance of the local development order. This maintenance plan shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. 6. C. Applicability to new structures and to additions on single-family and two.family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single.family or two.family lots. This shall not apply to tents, awnings, cabanas, utility storage sheds, or screened enclosures not having a roof impervious to weather. This shall not apply to interior remodeling of any existing structure. The removal of prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a vegetation removal permit, prohibited exotic vegetation may be removed from lots which are zoned residential single.family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. (Ord. No. 05-27, 93.N) 3.05.09 Designation of Specimen Tree By resolution of the BCC, a plant may be designated a specimen tree because of its historical significance, rarity in the County, age, or extraordinary size. 3.05.10 Littoral Shelf Planting Area (LSPA) The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an excavated lake serving as a wet detention pond as part of a stormwater management system that will support wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species including wading birds and other wateriowl. Contained within such a lake, this area will typically function as a freshwater marsh. Accordingly, the following requirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. A. Design requirements. 1. Area requirements. The total area of the LSPA shall be calculated as a percentage of the total area of the lake at control elevation. Area requirements vary within the County and are as follows: a. Rural Fringe Mixed Use District . 30 percent. This requirement may be reduced subject to the incentives identified in section 3.05.07 FA.b.; Supp. NO.2 LDC3:42 'd '-1 Dwm Title company ....... .700 Tam1.na1 Trail N. Ste. , ..pl.., Plorida 33940 '"'t, I..'~t .,....... .". Dunn Titl. company ........ "'DO Tallliami Trail N. St.. , Napl.., Florida )3'40 .,..rty "",.t.." '.rcIlldentlftc.tlon('olto ......rC.)); :1..50321000 II'IntMCI) I.' .1(1) .Ac. ~ jinl LIM. '01 PIOCIUIIO DATA 'I1IIIWUftIIt7Deed. _1M ~ M. ''f'UUlT RAYJIOR., A MUaIKD PDBON 1wJwUtI/t" t:IIlW 1M GrrIn/or. to ALAN VIHCBN'T AND MARGAIlBT VIIICKNT. HU88AHD AND WIn "tIIIItDHpDlloJIItwtlll4reuu 342 BAYSJD8 AVIDIUI:, NAP1JI8, FLORIDA 33!Ui3 MroINtftn _ 1M 0.-.. C.......,. uud Utt'" thl te... "Gr..t"" .. ....,... tl'lCludl aU thl pu-tf.. to ttll. I,.t~t .. ,,,- 1M'''', ,..., ......-nt.U.".., ... ...tlN of IndtvlM't, ... the .UICCMIOf"I IIld ...1.. of corpDl".tl_. ......... tM en..t .0 _lu ... ......,.....) WIV I". 77u1l""GrIIIIto,./O'_bo ctIIIS_OIIoflM'...ofS 10.00 -- _ __. m:<I"wMtoof" ".,.",_,.. MNIty ,_. bG1pIlU. ,,,,,. 0/1.... ....... _. __ _ aHIII- """,'M GrIIIIt..1ll1 rIw em"'" _,It..... /II COLLID CoIutIy. _ of I'LORlDA lilt: WUUlTl DRD lelVID. TO IIIUVID. t t 1921815 OR: 2043 PG: 0995 ttt DecIDU II omcw. IICIlIII .1 coum camT. n 11/11/15 .t 1I:11n 11111I1. IIOCI, WI1 CIIII lIlll," DC RI I.M DOC-,ll 1Il.1I 1I111: OlD !I!II r AIDVI nlll LI. II '01 PIOCInIIl DATA d4y of Maroh ,19 OS. by The ..at 110 t..t ot Tract 58. 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While the Collier County Property Appraiser is committed to providong the most accurate and up-la-date information, nO warranties expressed or implied are provided forthedataherein,itsuse,oritsinlerprelation http://www.collierappraiser.comiwe brnap/rnapprint.aspx?title=2009&orient= LANDSCAPE... 2/3/2010 ~c:l~Sketch II ...m_____.~ 19 7-5-67 CO 2007 REPLACE ALSE 15 03 33 .OP211 BJO 38 591""'1 ~ l--..-'.-'-~'."- POOL-4 17 X 37 BRICK 2393 2007 ADD ALSE/ +1/ OP 30 7.5-67 CO . OP 30 144 r-- I .1 + 1 4767 .GAi'iO /:;L' Details: -_.,--.---~.....~... File: 38450321000.xml Area SumJ!l~ry...:_.. Code Description 1 + 1 Base Living Area GAR 70 Garage Attached 70% GAR 70 Garage Attached 70% OP 20 Open Porch 20% OP 20 Open Porch 20% OP 20 Open Porch 20% OP 30 Open Porch 30% Area Adj. 4767 4767 648 454 782 547 164 33 830 166 169 34 144 43 Area 7504 6044 Corrunents ~_..._.____.. COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEVR20080016165 Board of County Commissioners, Collier County, Florida Vs. Alan and Margaret Vincent Violation of Ordinance 04-41 Collier County Land Development Code as amended Section(s) 3.05.08 C Susan O'Farrell, Code Enforcement Official Department Case No. CEVR 20080016165 DESCRIPTION OF VIOLATION: Observed Meleleuca and Brazilian Pepper on subject property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Remove prohibited exotic vegetation as identified in Ordinance 04-41 as amended Section 3.05.08 within days of hearing or a daily penalty of $ will be assessed as long as violation persists. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vS.Alan & Margaret Vincent Inv.Susan O'Farrell Department Case No. CEVR20080016165 INVESTIGATIONS Hours Per Hour $7.00 I Total $0.001 I Total $2.86 $0.00 $300 $700 $12.86\ I Copv Costs & Mail Fees Black & White Color Three.Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 10 130 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 PerPaae $10.00 $8.50 $10.00 $25.50 FOF Total I $80.861 I Total $0.00 $000 $3.00 $7.00 $10.001 Total $3250 $10.00 $8.50 $51.001 IOF Total $61.001 IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $Q75 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Maii $7.00 County Staff Clerk of Board Fees Hours 0.5 Per Hour $6500 Total Operational Costs $154.72 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Felix & Guadalupe Alvarado, Respondent DEPT No. CESD20090014845 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed I 2 3-4 5 6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090014845 vs. FELIX & GUADALUPE ALVARADO. 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit FBC105.1[A] LOCATION OF VIOLATION: 4810 Myers RD Immokalee, FL SERVED: FELIX & GUADALUPE ALVARADO, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABILITY INHO 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 Ser1l condllcida en el idioma Ingles. Servicios the tradllccion no "eran disponibles en la alldiencia y lISted sera responsable de proveer SII propio Iradllctor, para lIll mejoT entendimienlO con 115 coml,lllicacionesdeesteevento.Porfavortraigasupropiotraductor. AVl!lUsman _ Tout odisyon yo fet an angle. Nou pan gin moun poufe tradiksyoo. Si ou pa pale angle tanpri y;ni avek yon inteprel pou pale pOll-ou. .1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090014845 Alvarado, Felix & Guadalupe, Respondent(s) STATEMENT OF VIOLA TION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation of Ordinance(s Florida Building Code, 2004, Chapter I permits, Section 105.1. 2. Description of Violation: A metal carport erected without first obtaining a Collier County Building Permit. 3. Location/address where violation exists: 4810 Myers Rd Immokalee, FI 34142 (Folio# 00055000000). 4. Name and address of owner/person in charge of violation location Felix & Guadalupe Alvarado 1308 Plum St. Immokalee, FI 34142 5. Date violation first observed: September 14,2009. 6. Date owner/person in charge given Notice of Violation: September 15,2009 7. Date onlby which violation to be corrected: October 14,2009 8. Date of re-inspection: October 24, 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 Coilier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Datedthis~daYOfJfJ"IJ, 2010 ~'K Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER NOTARY PLllUO.STATE 0 M {~ I '-;i\ Kitchell T T-ORIDA Sworn to (or affirmed) and subscribed before this~~ay of.,)//N..., 2010 ~ }CO~mjssioD #DD~f9~83 OOi;nED';""~Pl1'es: OCT. 01, 2013 ATL.\Nnc B01IDlNG ca.. We. (Signature of Notary Publ7 (Print/Type/Stamp Commissioned ,/ __ Name of Notary Public) Personally known ~ or produced identification_ Type of identification produced REV 1-12-10 Q Case Number: CESD20090014845 Date: September 14, 2009 Investigator: Maria Rodriguez Phone: 239-252-2458 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: ALVARADO,FELlX & GUADALUPE 1308 PLUM ST IMMOKALEE, FL 341422122 Location: 4810 Myers RD Immokalee, FL Unincorporated Collier County Zoning DJst: A-MHO Property Legal Description: 36 46 28 UNRECORDED CHRISTIAN TERR LOT 16 DESC AS: COMM AT RE-ESTABLlSHED 1/4 SEC CNR ON E LI OF SEC 36, S 88 DEG W Folio: 55000000 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. Fiorida 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 VIOLATlON(S). Did Witness: A metal carport erected without first obtaining a Collier County Building Permit. ORDER TO CORRECT VIOLA TIONrSl: You are directed by this Notice to take the following corrective action(s): _ Must apply for and obtain all permits required for described structureflmprovements: AND / OR Must remove said structureflmprovements, including materials from property and restore to a permitted state. ON OR BEFORE: 10/14/2009 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. Investigator Signature Maria Rodriguez INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERV~~ 3 Printed Name of Recipient 9-r,)">d'( Date 4 Chapter 1, Section 10S SECTION 105 PERMITS Chapter 1, Section 105, (1) 'lI1i..,.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 2199 - Page 1827 NPI 'VI'J'"1~ ...:1; QrI.1."~ ~e., f DI(;5~Wtol l.O'J212:9 ell: 2I!39 Hi: un IMIt80 II! <<JlnJ.I" 1RlMIJ;4 PUDlII!II!II'. "' "nII'llIlIO>IIlIIiIJIt. -.' ilII - -.- II[ IA t.1I ...f. IlUII - _'111!l"'" tMwuantl ;iII1QlIlIPlR.'ln. Me ""'" elm' OD!!" JatfIIU. """"lo ~ . ~ '5U ~ cmw t\IllII 1 ;(0"' :z ",,~n~u-1,jjI ...... .... I,Qtb doy ,0.1 ..... I"I!. lH' lo(t _t _ ........ _ _ Xf!I::....., ~~ '--..!I]IC; ... 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BLYP., 811I'1!1 .I;I~.. 1.&:139 .IIa:IU,~ II'L ,U5l3' http://www.collierappraiser.com/viewer/Imagevrn.asp?Percent=&ImageID= 170508 Page 1 01 I tSJ 1/27/2010 COLLIER COUNTY CODE ENFORCEMENT BOARD CESD20090014845 Board of County Commissioners, Collier County, Florida Vs. Alvarado, Felix & Guadalupe Violation of Ordinance/Section(s) Florida Building Code, 2004 Edition, Chapter I permits, Section !O5.1 Maria Rodriguez, Code Enforcement Official Department Case No. CESD20090014845 DESCRIPTION OF VIOLATION: A metal carport erected without first obtaining a Collier County Building Permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required 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 until the violation has been abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4124/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Felix & Guadalupe Alvarado Inv.Maria Rodriguez Department Case No. CESD20090014845 INVESTIGATIONS Hours Per Hour I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail Countv Staff Clerk of Board Fees Other Staff FINDING OF FACT HEARING Paaes Copies Per Paae 7 91 0.022 o 0 $0.75 $7.00 Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Document Recording (First Page) Document Recording (Addl Pages) I Total $0.001 I Total $2.00 $0.00 $3.00 $7.00 $12.001 Total $32.50 $0.00 $10.00 $25.50 FOF Total I $80.001 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail County Staff Clerk of Board Fees IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 $7.00 Hours 05 Per Hour $65.00 Document Recording (First Page) Document Recording (Add! Pages) Paaes 1 1 Per PaQe $10.00 $8.50 Total Operational Costs $153.00 BOARD OF COUNTY COMMiSSIONERS Collier County, Fiorida Petitioner. vs. Case No. CESD20090014845 Alvarado. Felix & Guadalupe Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Felix Alvarado, on behalf of himself and Guadalupe Alvarado as represernative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation In refE;lrencEl (oa~e) n'Jmber CESD20090014845 dated the 14 day of September, 2010. . . 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 February 25, 20'j 0; 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 $8000 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate a!! '/;n!atlons bv Must apply for and obtain a Collier County Building Permit or Demolition Permit and request required inspections to ue performe,:.j 3nd pe.'::s thru a certificat.e of completion/occupancy within 120 days of this hearing or a fine of $20000 per day will be Imposed until the violation has been abated ,1) Respondent must notify Code Enforcement within 24 hours of abaternent of the violation and request the Investigator perform a site Inspection to confirm compliance. :>~ i10UIS lIutice sllall11e by pl100C or fax and made during tile workweek, If (he violation is abated 24 hours prior to a Saturday, Sunclay or If;yal flOlj{j;Jy, tlHcl1 the 11i".ilicatI0I1Il1LJst IlC macho olllllC next d;.lY t:lalls not a SalljllJay, SlJIlIJay or legal IlUliday I 4) That If the Respondent faiis 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 custs of abatement shall be assessed to the property owner {. ( " j " (t ~ A' r",,/ , .' 1. - E'.--:> y""" i L. L " <__f ' .' _.(. L ,. l. ", Respondent or Representative (sign) , '. \~ .....-.- . ,,_.- Diane Flagg, Director tk-\ I." '.. , . - Code Enforcement Department Date . / / ~ , ,- l" \ I r,', 'i' ~.::..........L' ". - Respondent or Representative (pnnt) Date \. j c.-{,.yu2 lilt H.f:V 1/11./10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Charles H. Freeman, Respondent DEPTNo.2006100546 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006100546 vs. CHARLES H FREEMAN. 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Vegetation Removal (Landfill Permit)3.05.01(B) VIOLATION: LOCATION OF VIOLATION: 2860 8th ST NW Naples, FL SERVED: CHARLES H FREEMAN, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE.HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON lMTH A DISABILITY WHO NEEDS ANY ACCOMMODATION iN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TQYOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774..a800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAIlABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Est.. /l.udienciasera condllCida en al idioma Ingles Servicioslhe traduction no seran disponibles en lll.udiencia y lISled sera responsable de proveer su propio IraduclOr, para un mejor enl....dimienlO con [as comunicaciones de esle eVtllllO. Porfavor tralga su propio lraductor. Avelisman _ Tout odisyon yo fel an angle. NOll pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpci vili avek yon inlepre\ pou pale pou-ou. 1 - COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2006100546 Charles H. Freeman, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section ]62.06 and ]62.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 04-41 Collier County Land Development Code Section 3.05.0 I B Vegetation Removal, Protection, and Preservation 2. Description ofYiolation: Clearing in excess of one acre without permit 3. Location/address where violation exists: 2860 8th Street NW Naples, Florida folio #3764124000 I 4. Name and address of owner/person in charge of violation location: Charles H. Freeman 2860 8th St NW Naples Florida 5. Date violation first observed: 10-17-2006 6. Date owner/person in charge given Notice of Violation: 8-12-2009 7. Date onlby which violation to be corrected: 9-12-2009 8. Date ofre-inspection: 9-30-09 9. Results of Re-inspection: Violation Remains STATE OF FLORlDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier 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 13th day of January, 2010 ~P.O('---11 Susan O'Farrell Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER SMto (or affir~~fl<i{ubscribed before this 13th day of Januarv, 2010 by ';;/ h dUll' . /0 peL, (Signature of Notary Publi . (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ or produced identification ~ Type of identification produced NOTARY PllBIJC-STATE OF FLORIDA .f"'.....,',''.> Indira Rajah t_ gCornmissioll # DD727241 ""......~ ExpIres: DEC. 07,2011 BONDED THRu ATLANTIC BONDrNQ co., JNC. REV 3-3-05 0) Case Number: 2006100546 Date: August 10, 2009 Investigator: Susan O'Farrell Phone: 2392525754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FREEMAN, CHARLES H 2860 8TH ST NW NAPLES, FLR0380 341201367 Location: 2860 8th ST NW Naples, FL Unincorporated Collier County Zoning Dist: E Property Legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 Folio: 37641240001 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: Colllier County Land Development Code 04-41 as amended Section 3.05.01 B Removal, Protection and Preservation It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes piacing of additional fill, without first obtaining a vegetation removal and full permit from the County Manager or designee, except as hereinafter exempted. Violation Status - INITIAL Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: OBSERVED CLEARING IN EXCESS OF 1 ACRE WITHOUT PERMIT. ORDER TO CORRECT VIOLATIONIS1: You are directed by this Notice to take the following corrective action(s): 1. Must cease all land clearing, excavation, and/or land fill operations AND/OR Must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41, as amended, Section 10.02.06(B)(1)(a) AND/OR Must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill permits pursuant to 04-41, as amended, Section 1 0.02.06(B)(1 Ha) 2. The Respondent must prepare a mitigation plan which meets the criteria pursuant to 04-41, as amended, Section 10.02,06(E)(3) and obtain approval ofthe required plan AND The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section 10.02.02(A) ON OR BEFORE: 09/12/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as iong as the violation remains, and costs of prosecution. ~p. [) ~-11 Investigator ignature Susan O'Farrell iNQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Napies, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 SERVED BY: SUSAN O'FARRELL 3 Signature and Title of Recipient Printed Name of Recipient Date L/ AFFIDAVIT OF POSTING Code Case Number: 2006100546 Respondent(s): FREEMAN, CHARLES H THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)} XNotice of Violation _Notice of Hearing _Notice of Hearing/imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I Susan O'Farrell, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at 2860 8th ST NW Naples. FL , on August 12th, 2009 at 1 :45 pm and at the _Collier County Courthouse _ Immokalee Courthouse. ~POG[I (Signature of Code Enforcement Official) Susan O'Farrell STATE OF FLORIDA COUNTY OF COLLIER Sworn to (~ affirmed) and sUbse before me this \ ~ day of ()( h , 2009 by Susan O'Farrell (Name of person making statement) f (Signa ublic) JpersOnallY known NOTARY PUBllC-STATE OF FLORIDA .............. Maria W. Hernandez ~ W } COmpUssion # DD857656 "'~" ExpJl'eS: FEB. 03, 2013 BONDED TRRU ATLANTIC BONDING co., me. (Print, type or stamp Commissioned Name of Notary Public) Produced identification Type of identification produced 6 AFFIDAVIT OF POSTING @ Respondent{s): FREEMAN, CHARLES H Code Case Number: 2006100546 THE DESCRIPTION OF THE DOCUMENT(S) POSTED: [Check the applicable document(s)) X Notice of Vioiation _Notice of Hearing _Notice of Hearing/Imposition of Fines Citation _Notice to Appear Code Enforcement Board Evidence Packet Other: I John Connella, Code Enforcement Official, hereby swear and affirm that I have personally posted the above described document(s) for the above respondent(s) at, on _8/12/09 (Date), at _2:31pm (Time), and at the LColI" County Courthouse _ Immokalee Courthouse. STATE OF FLORIDA COUNTY OF COlliER Sworn to (or affirmed) and subscnbe before me this I;> ih day of , 2009 by John Connella (Name of pers making statement I RlDA ""i''' Maria W. Hernandez t. ) Coll!Jltis,sioQ #DDBS76S6 ""m'" Expll'eS, FEB. 03. 2013 BONDED TRatT ATLANTlc BONDING CO., me. (Signatu L''''M_ (Print, type or stamp Commissioned Name of Notary Public) Produced identification Type of identification produced IJJ COLLIER COUNTY LAND DEVELOPMENT CODE 3.05.00 3.05.02 D.1. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION 3.05.01 Generally A. The purpose of this section is the protection of vegetation within the County by regulating its removal; to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain property, aesthetic, and health values within the County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant communities; to limit the removal of existing viable vegetation in advance of the approval of land development plans; and to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the -. requirements of other sections of this LDC. B. it shall be unlawfui for any individual, firm, association, joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to remove, or otherwise destroy, vegetation, which includes piacing of additional fili, without first obtaining a vegetation removal or vegetation removal and fiil permit from the County Manager or designee, except as hereinafter exempted. 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this section. B. Seminole and Miccosukee tribe exception. in accordance with 9 581.187, F.S., vegetation removal permits shall not be required for members of enher the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes Tribal member identification and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not appiy to general land clearing, or to agricultural land clearing, including silviculture. C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricuitural development for 25 years, unless the applicable provisions set forth in section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to re-create a native plant community in ali three strata (ground covers, shrubs and trees), utilizing larger piant materials so as to more quickly re-create the lost mature vegetation. D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19,2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19, 2002; or, land use petitions for which a completed Supp. NO.2 LDC3:24 1- ~ 9 t!!<l~a~ S.9z-- -.,; ~ ~ ((j PREPARATION OF INSTRUMENT ONLY ..!l .~ ,f 0 WITHOur BENEFIT OF TITLE OPINION 1 ~.~ 10 Parcel ID#: 37641240001 O! !: ([5 9~ Th. C'. \ S .-'00 THIS QUIT CLAIM DEED, executed this , , day of lUa.u . 2003, by I d..:iJ CHARLES H. FREEMAN and TONY A L. FREEMAN, husband and wife, whose social security numbers ~ are 411-O6-5~7 ~ 548-3S-g7 7, res ctivFly, and whose addresses are 2860 8th Street, Naples, Florida 345120 and '~9uo 1..._ _l LUl4 ,Marietta,Georgia,respectively,hereinafterlmownas Grtutwr and CHARLES H. EMAN, a single person, whose social security number is 411-06-5247 and whose address ~~~! 1 ~ SL. ~w, Naples, Florida, hereinafter referred to as GranUte. (Wherever,used h~ the ~ party" and "second party" shall include singular and plural, helli, legal representatives and assigns of individual, and the successors and assigns of corporations, wherever the context so admits or requires). 3316399 OR: 3468 PG: 1810 DCOIDID in omClli DCOIDS of COLloIll coum, n 12/19/2003 It 02:19PI OrIGB! I. BlGeI, C~1I IIC m DOC-.70 15," .71 IItn: WLlS mu PIcr OP QUIT CLAIM DEED INCIDENT TO DIVORCE ec /r~ in OR Book 2427 ~ londa o . 0 s ~ ements of record and taxes for the (! .j 'P ~ TO HAVE AND TO HOLD s~1 e d singular the appurtenances thereunto belonging or in anyWise appertaining, and all , tie, interest, lien, equity and claim whatsoever of the said first party. either in law or equity, to the only proper use, benefit and behoof of the said second party forever. ' Golde;' Gate Esta es Pagej 3 WITNESSETH that the said first the second party, e receipt whereofi entered on \ l 'C in Case the second party forever, all the ri t, the following descn"bed lot, piec ,or Florida, to wit:, . IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and:year first above written. Signed, sealed and delivered in our presence: w;-tmr-iti'mrn PrimN_ . ~t~~lW1 Witness~l ~Iv"-- ~. Print Name: _~ fl ; A - tt) r Y"\ -L- S,",a2 tIr- Charles H. Freeman 1 ~ OR: 3468 PG: 1811 STATE OF FLORIDA ) COUNTY OF COLLIER ) I HEREBY CERTIFY that on ~y bcflF ~ officer duly qualified to take acknowledgments, personally appeared Charles H. Fre~to me known e the person described herein, who produced as identification, and who executed the foregoing Quitclaim Deed. _ ~ESS'my h,,!!!! and official seal in the County and State last aforesaid this {o tt'I day of ~~ .2003. SEAL: , '... ~A.'" \:'-....L fi. ~t..L- . . r - ......-- Notary Si~ . ~._bct... . All. " - . ._ Print Name: n I , nor 11 '--"" Witness: STATE OF FLORIDA COUNTY OF COLLIER Print Name: Witness: Print Name: Quitclaim Deed. WlTNESS'my hand and official seal in the County and State last aforesaid this ,2003. day of SEAL: Notary Signature Print Name: :2 9 *** OR: 3468 PG: 1812 *** I - STATE OF FLORIDA COUNTY OF COLLIER ) ) I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Charles H. Freeman, to me known to be the person described herein, who produced as identification, and who executed the foregoing Quitclaim Deed. WITNESS my hand and official seal in the County and State last aforesaid this ,2003. day of SEAL: Notary Signature Print Name: Witness: f--< S 00 uly qualified to take acknowledgments, ~ person described herein, who produced tification, and who executed the foregoing Print Name: 4'e;o...../~ (J STATE OF IiiiOouJJA tt~ COUNTY OF ~R ~o ~1S -:f I HEREBY CERTIFY th personally appeared Tonya L. Freem .... .Id I Quitclaim Deed. _____ WITNESS my hand and official seal in the County and State last aforesaid this / (, Cl: .b:!.P.Q-"! "-"-- ,2003. day of SEAL: ~t;yY~ co- Print Name: ~.v ..." - ...J 0 ""C:~ \....9\-.......,., .....\ .~~-; ~'.,,: ,.' 0') ....... ...(..~(..... . .... (,; ,.,,! C"Il";;', .::#:'~. .; l<; .'~'~';. ,...../.".. J , :: :i: "'" tI.:-~ c.;...... ~ '. = 0":'" C. ~ 1"'.>~ ~~; .,' .. . ~,-'.'..:.. .4 ~ o:!'O -''f- ~./;;: c...j'; ~~ ::; c:.. 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'- - 1 gg h' it ,a Ar it f $VRU y/ Y if, dx x a� a ” . y_ • f P . '. ' tpit ., --- - ' .I„ ,t.iitif1.7 . . t. : - , ,. 'I'' a x3 _,fir 3 • f�• }, .. i I 1 ' ' °` 4 �, 3 r ! f`i. ti �,yy Lf.Y x 4 w . i , ° it,. "' t . y 1 w1 .4 ; r , • ' r r ° FJ r I , ° � • ]] t A 4� x ■ • r.ice 207- . x • #• • r N i i ,mot' . ...0 ' a 'I ' : .. s "" ,• , t SIC,:. , yt , 3 a � •• } `•. ' lik yyy� y �` .. Pa , ' ,fit i 3 � ° 4. 4 f a�' E ! •i , i 4 s r ... .A . k�.,,,,,,,,. . .. . 3.,...k , , .. •_, 7 ii . .7,- nlge I U1.l. OFarrellSusan t:lC I-l1 e"T c.... ~..\-, 'irVh 0>--) fl UrL- From: OFarrellSusan Sent: Wednesday, March 07, 2007 225 PM To: 'Christopher Thornton' Cc: 'Marielle Kitchener' Subject: RE: freeman He Clonls, I ~\C't ~jC'l-H" S,LA_b!llA-~SS,~OVl ClVld VlCl'Jt .SC'V1Ae n:'.jL.S,lOVI.-:'; I',), LL.i<c L.1C'v hCI'vt l'i/"n , ',_J 1. t~e tlees SlolCl-{lc:{ be H feet lve l-lelc; with :'0" c!bi.l (tell; cC'Ldd !' !/\., ,'..'~ :.,1 -: 1"1 :: VLext LVl\./es,t~C\CltOf'; IAOLA. COl.{.Lc\ .Sl.{.C'(!,eSt C1 C~\'-~.:.C:LV'., lIu.{VV1.,UE/ l::t _[.Lt-' nVA~ (1 ,2,~I,'"iJ1L.V\, ;r,_~{jl~ J U J.J 10, ..co, Cl"'c:{ 5 gClllc", slzes) .'1. the tyee:; ClVlc\ ,snvl.{.bs .sV1C'tALd be TLClllt,tec), tVt tLL--LS;t.,~\,,_';, I' tl' U/iC!vv CV'v c,:v,,~_e: n,~', ~ (I bettEI' SvtVv'Lv'ClUi-Li-tV1 vClte u 3. tVle VlI\.OVlltO~'-L-Vlg T.J,~v~od l.S S tjfDH,-; Cl Vi:U..tL.(\ V'v C!v^vc{ ,';ii] J, \vlth Cl l/etJOrt to CoLL~ev COl.{.V\..tv1 Cod,~ FV,\,LI-C':'c~vvt,tv'\.,t. T li1,~\-e VVU,CS7 be ~~:,': '~;: ~LJ I' i,'j [1,1 to :C,J r u yleClY of tlt1e "pLIIlVltS ClVld i-f tnClt v\"vtw"tJev Tn!).:::, l>efc.11,t l'epLDYv7.L!/\,e ~'-l/ LI_:~T-_ ~n I.' tVle VVli.tLgClt~oVl pLClVl ,r;VlCtvtLd .sJle'v'/ J~-Vle ~m'v"ljClVltJ [!V\,c{ e ci'edevvt!Jl ,t'V, ./.' '.I- Cf'fCl LL,II\,g IA. C)"-. J U1i.lf'L,i~ ,l"v'\ul'leLLe s,nOLAJc{ c,ClLL Me _c;o I C_elk'... f,' D;< hn Cl CDlL-,j ('--!.I('tl/le V\1c.I,t(,()~C!ll.-('V', 1'~CjLJL-i,~~l/-vt~! ,() ,.I thClt she Clll!'~v tAs,e lVl tVll.S. [!Vld c{ll1el- VlA,L.LlC':D.tlDII\, TJC1V'v.'.; ,;hr f~bAxe 1:; ~ _= ;"i/ L ~_i:-L ~., v'. :. ~--i ~ From: Christopher Thornton [mailto:cthornton@swflalaw.com] Sent: Thursday, March 01, 2007 10:49 AM To: OFarrellSusan Cc: Marielle Kitchener Subject: freeman Susan: Attached please find a draft proposed restoration plan for Mr. Freeman that has been prepared by Marielle Kitchener of Turrell & Associates, Inc. This proposai is submitted for settiement discussions only, and Mr. Freeman makes no admission of fact or law related to the allegations against him. As you can see. the plan calls for restoration of 0.73 acres of land as we agreed during our meeting in your office. Please review and contact me with any comments. Chris From the desk of Christopher J. Thornton, Esq. !..: -1 CJ 3080 Tamiami Trail East 3/7/2007 J)~lgC ~ 01':2 Naples, Florida 34112 (239)649-4900 Fax: (239)649-0823 WWVV...svvfl <ilallV .CQIl1 cthQrntQn@!>Wfl.ilJaw..com This e-mail is Attorney Client privileged and contains information intended only for the person(s) named above Any other distribution, duplication or disclosure is strictly prohibited. If you have received the e-mail in error. please notify the sender immediately and delete this e-mail without making a copy 3/7/2007 FREEMAN RESTORA TlON PLAN (2860 8th Street NV/) Case 711006100546 Propeny lD ;t3764i14000J S 11/ T 48S/ R 1712, Collier County, fL L INTRODUCTION &: SITE DESCRIPTrON In October 2006 Collier Countv CGck Enforcement \virncsc;ccl c!carinc! :-t11c1 grading t'[ wetlands in excess ~,[ allowahle Jinms on a "ingJc Ltmil)'~)l' In northeast Golden Gate Eqarcs. A \'t'gctatioll rCll'1OVal pcrrnir \\',b ll,)[ uhuj llCd from Collier County or the State prior to pcrfonning \vork and itS ,1 rc,.::;ulr ,l violation was issued hy C,,]Jicr County, The property h IdcnrHicd on rh" property apptaiser's website as 37641240001 and is specifically locatcd helli' \\':1)' up 8'], Street N\V (112860) on the castsidc' 01 the road This 25, ::ere lot I' sinlatccl \vitnin Section 21, Tc)\vnshilJ 48 South, Range 27 Last, Ccdlicl" CllLl!H';', Florida. The Freeman Jot currently hJS a singlc,family dwclling, elerelCheel garage Jncl storage barn on the property. in addition [0 srructures, a pond n:i,srs in rhe rCell' yard created from the borrowing of fill lor a house pad. Prinr to ,m)' [eeem S!re alterations ~nd based on neighboring habittlcs and onsitc rccruirmcnt. it appearc.; the impacted arC~lS .were primarily Cyprc~s anJ Dra=ilian pepper. Snrm: CHWp\' si=ccl Cypress (TaxodnlnJ asrcndcl1s,), Red maple (Accr rubrulll) and Cahh,\sc rn (Saba I palmetto) arc stUI present ill a few areas, Since the entire ullckrstury "as disturbed by equipment, only a small amounr o[ regrowrh is presenL :\iwt understory regro\\:th consists of Caesar \\'ccd (Urena /ohata), S\\'~lmp fcm (Blce/lIIum sarlllarum), Cabbage palm (SahalllCllnrwo), IVlyrsinc (:vlVrsllIC "U;C/JJCIJ51\), Bmmll bush (Ccphalallrlllls oCClClcl1lali\) and a few P"p ash (FraxlI1!Is C({i'!,llIl1WiU! The observed species eorrelare with those found on ncighburing sites, It appc:rrs Brlcilian pepper occupied berween 50 and 70% "I rhc miclstory In some area" b well, The Collier Cmmty Soil Sur\'Cy classifies rhc impacted area :IS "l,il lype ""7 Holopaw Fine Sand (Hydric), Holopaw Fine Sand is rypleal ni' Hydric 1'1:1(' Flatwood cDmmunitics, Following the unauthori=ed site work there appears to he additional pond acreagc anel the loss of approximately 2/3 to 3/4 of an aerc of Disturhed Cyprc" Some scattered species arc still present in the 11l1pact =Ol1e and will Ix considered in the restoration plan below, The owner is proposing to restore (17)+ acres "I land surrounding the pond, as required by County Code EnforcemenL FREEMAN RESTORATION PLAN (2860 8th Street Nv\!) Case IJ2006IO0546 Property LD 1f3764124000] S 2]1 T 48S1 R 27E, Collier County, FI. iJ. PROPOSED MITIGATION Plantings shall include ]4] trees on ]5' centers (shown a.s yellow shapes I'll attached map) and L272 understory plants on :")' centers (,r.;ho'vvn as red crosse.') (,['j attached map). All the species listed should be utih=ed 111 c"en al1lOlIlllS :i possible. but exact species numhers could be based on "Ipplv ani lability Planting specifics arc oudillea helc,w. 7' Tall (Min.) Canopy Trees. staggered on 15' Centers (141 Trees) Cypress TaxodilAln rlsccl1dm\ Red maple AcerrllbrllJll Dahoon holly !lex cmsillc iVlyrsinc lvIYI'sine gllirll1cJlsi.\ Understory, staggcrccl on 5' C,llters (J,172 Plants) Sand eordgrass SpGlfil1a hahcrii i'vluhly grass MlIhlcJlhuglCl capUlaris Swamp fern IJlcchJllll1l SClTlllUIUlI1 Ill. MONITORING &: MAINTENANCE Immediately folllJ\ving plant insrallatJ<1n, photos w\ll be takICn [<1 document I he Time Zero conditions Annually [or at least three (3) years, dated ph<1t,'S will he taken to document survivorship or the Initigariol1 areas. If at ,my rime (\ dc("linlng [rend in the survivorshlp is noted, then tlK areel will be assessed [m the reaSO/1 nI the decline and then replanted appropriately. Following plant illsullatjoll, the restored arCJS arc to be maincaincd free of exotic and nuisance plant spccic~; ,1.'-; listed by Floricb Exotic Pest Council (www.fleppcorg). [ t '. ~e:: ~ f f f.~ 13>02- ...:.< pP- ~ ~ g->Ro sg: :s.> &:. a:~ "'!I'" il'tg?5 .;;~l!:.!i>' ~~QS UJs. ..........OQ ~ " :u m m ~ ~ ~ ) ~ Z ~ < Z - ~ 0 ~ ): -l - o Z 111 i 0 ~ I ~ d~ ~ . ~. & ~ B ~ .; ;1 ~ Z 111 ~ ~ n ~ 111 ~ 111 ~ Q '1' N ~ m _ TURRELL, HALL & ASSOCIATES, INC. MARINE & ENVIRONMENTAL CONSULlJNG 3584 Exchange Avenue. Suite B. Naples, Florida 34104-3732. (239) 643-() I 66 . Fax (239) !J43-6632 LETTER OF TRANSMITTAL TO: Gary Grisko Collier County Code Enforcement FROM: Marielle Kitehener DATE: May 1,2007 .JOB: Revised Restoration Plan Per County Comments Wc ar9 sending you the attached items listed below via: s' 1I,S Mail 0 Priority Mail 0 Courier 0 Fed-Ex / UPS o Other o Hanel Delivery r ~-~--- i Quantity I----i- L__.__m_.... . Description -------~----~ ----- ------1 I I Revised restoration plan for Case 112006100546- Frc~11an _______~___ Thev arc transmitted as checked below: o 'For approval []For your use o As requested 0 Returned Cor corrcctions o For bids due 0 For review and commcnt Sincerely, . I I / - I feeL c I Marielle Kitchener (Jperations Manager 5 cA rJ FREEMAN RESTORATION PLAN (2860 8th Street NW) Case #2006] 00546 Property lD 1137641240001 S 21/ T 48S/ R 27E, Collier County, FL .\ NEL,U "'" . . " ,jcJ!JIlU.J[U () ') ( i. ,{ I D7 I. INTRODUCTION &: SITE DESCRIPTION In October 2006 Collier County Code Enforcement witnessed clcaring and grading of wetlands in excess of allowable limits on a single, Family lot in northeast Golden Gate Estates. A vegetation removal permit was not obtained from Collier County or the State prior to performing wmk and as a result a violation was issued by Collier County The property is Idemified on thc property appraiser's website as 37641240DOi and is spccifically located half w"y up 8th Street NW (#286D) on the cast sicle of the road. 'fliis 2.5, acre lor is situated within Section 21, Townsllip 48 South, Range 27 I-,ast, Collier County, Florida. The Freeman lot currently has a singlcLlmily dwelling, detached garage and storage barn (to be demolished) on tile property. In addition to structures. a pond exists in the rcar yard created from the borrowing of f.i]J for a housc pad. Prior to any recent site alterations and based on neighboring habitats and onsite recruitment, it appears the impacted areas were primarily Ilrazilian peppn and some Cypress. Some canopy sized Cypress (TC/xodillm C/sCCl1dcl1s.), Red maple (ACtT rubrum) and Cabbage palm (Sabal palmetto) arc still present in a fe\\' areas. Since the entire understory was disturbed by equipment, only a small amount ur IT growth is present. Most understory re-growth cunsists or Caesar weed (Urella lobaw), Swamp fern (B1cchlllll11 scrrllla/lIl11), Cabbage palm (Se/bet! pall11clltJ), lvI)'rsine (Myrsil1c glliaIlCl1sis), Button bush (CcIJ/wlal1/hus owdcllwli.\) and a Iew Pop ,,,Ii (F,'C/xiIlIlS CCll'Olil1iC/lw). The ubservcd species cmrelate with those lound <111 neighboring sites. It appears Brazilian pepper uccupiccl between 50 and 70'j" <,I the miclstory in some areas as well. The Collicr County Soil Survey classifies the impacted area as soil type //27, Holopaw Finc Sand (Hydric). j-IoJopaw Fine Sand is typical of Hyclric Pille Flatwood communities. Following the unauthorizecl site work thcre appears to be additional pond acreage and the loss of approximately 2/3 to 3/4 of an acre of heavily disturhed Cypress. Some scattered species arc still present in tlie impact zone and will he considered in the restoration plan below. The uwner lS proposing to restore 0.73. acres of land sunOllllding the pond, as required by Cuunt)' C:udc Enforcement. FREEMAN RESTORATION PLAN (2860 8th Street NW) Casc #2006100546 Propcrty ID #37641240001 S 21/ T 48S/ R 27E, Collier COllnty, FL II PROPOSED MITIGATION I)lantings shall include 71 trees on 30' centers and clumped (shown as yellow shapes on attached map) and 954 undersrory planrs on 5' ccnters (shown as red crosses on attached map). All the species listed shou.ld be utjJized in eyen amounts if possible, but exact species numbers could be IXl.sed on supply availability. Planting specifics arc outlined below. 10' Tall (25 gal.) Canopy Trees staggered on 30' Centers and clumped (71 Trees} Cypress Taxodiul11 ascclldcll.\ Red maple Accr rubrul11 Dahoon holly JlcxcClssillc Myrsine Myrsil1cguial1cl1si\ Understory (liners)- staggered on 5' Centers (954 I)lants) Scmel cordgrass Spunil1u bahcrii \1 uhly grass Mul1lcllbcrgia eol'il/wis Swamp fern Blce/1I1ul11 SCITtdClIll111 (understory plants to also be utilized on sbpe of lc,ke bank) Ill. MONITORING &: MAINTENANCE Immediately following plant installation, photos will. be taken to document the Time Zero conditions. Annually for at least flve (5) years, dateel photos will be taken to document survivorship of the mitigation areas. If at any rime the planted species survivorship falls below 80%, then the arca will be assesseellor rhe reason of the elecline and thcn replanteel appropriately Following plant installation, the restored areas are to be maintained free of exotic and nuisance plant species ,r, listed by Florida Exotic I'cst Council (wwwfleppcorq) IV. CREDTTENTIALS Marielle Kitehener Biologist for Turrell &: Associates, Inc. since 1997 B.S. Degree in Environmental Science, Alabama A &: M University Member of Florida Association of Environmental Professionals (lOA [I') since 1998. Completed the Department of Environmental Protection Wetland Delineation Class (and certifieel for desktopJDs). Completed the U.S. Army Cmps of Engineers \!o,!etlanel Delineation Class. Completed a FAf:P Plant [[) Class with Dr. Hall from University of Florida. Primary career focus: Mitigation MonitDring and Post-Permit Compliance. 11 ;u m m ::0 s:: m ~ )> o Z ~ < o _ ~ 0 ):, r z )> -l - o z UHUJIHlJ::J VOOLO\SJl""UEII~~"!1'l M~a\UO~II~^, , llHIp'V3!J'VONI.LN::'dISONI .,. , OOlO\<J m \0_ ~ " .. ) f'\/ ~ ) f ~ /1 .) p--, 8 ~ 8 ~ ~ >--J -., ~ 3:~ g ~ ~.@ ~~ ~ --- ~> - .>t < R<> Ro ;::;:;, tTl t;~ :::l ~ b~' ~.~ 0:; tI:l 0 en ~ Z S ~ '7;J-E.. g 8. ~ ~ s- p.J .. ~................. Dr--<(J('t> '-"'u.>Ocn :-9-e. :::s'" ~~ ~~ 6:..:... :::t.~ ~~Jg. m m o -< 6 ~ ~ ~ ~ -< o ~ z " I ~ ~ ~ . . " ~ Z Q ~ ~ m " g Print Map ;?go ~ lOo:Yf1o Page 1 of I 2009 PB.fCeiS SubdiviSIons A/!1'lals2009[6Indl UrtlMl} A~I.ls 1009[2 FEET] Building Footprlnh CollloH Count) Folio Number: 37641240001 Name; FREEMAN. CHARLES H Street# & Name; 2860 8TH 8T NW legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 @2004.CollierCountyPropertyAppraiser VVhile the Collier Counly Property Appraiser is committed to providing the most accurate and up_lo"date information, 1\0 warranties expressed or implied are provided for the data herein, its use, orits inh;lrpretation ':""y,,1-h\6fl D '--' (:wrlCJb http://www.collierappraiser.com/webmap/mapprint.aspx?title=2009&orient=LANDSCAP... 2/22/2010 Print Map Page I of 1 2008 AHlllh2008 {6lnw U'b"'J AMI.'. 2001 {2 FEET] Sulldlr'g Fo.otp.lnh <;0111.... Cou"t)l Folio Number: 37641240001 Name: FREEMAN. CHARLES H Street# & Name: 2860 8TH ST NW Legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 @2004 Collier County Property Appraiser lM1ile the Collier County Property Appraiser is committed 10 providmg the most accurate and up.ta-dale inlormation, no warranties expressed or implied are provided forthedala herein, ilsuse.orilsinterprelation http://www.collierappraiser.comlwebmap/mapprint.aspx?title=2008&orient= LAN DSCAP... 2/22/2010 Print Map Page 1 of 1 2007 A...I_h:./.OO116inchU'bMI Ae,lal.2001j:lFEETl Building FOOlpr!j'tll CoUlei County Folio Number: 37641240001 Name: FREEMAN, CHARLES H Street# & Name: 2860 8TH 8T NW Legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 @2004 Coll,erCounty Property Appraiser. While the ColI,er County Property Appraise, is committed to providing the most accurate and up-ta-dale information, no W8rTantles expressed or implied are provided lorthedalaherein,ilsusllor,lsinterprelation http://wNw.collierappraiser.com/webmap/mapprint.aspx?title=2007 &orient=LANDSCAP... 2/22/2010 Print Map Page I of I 2006 St..eeIN...'..... PMCal" SubrllvlllOl'5 Abf'llh 2006 j6Incj, Urban) ^e.lal~ lOO6 [2 FEETI Bulldil'yFOOI:l),lnti Collllff C...unty Folio Number: 37641240001 Name: FREEMAN, CHARLES H Street# & Name: 2860 8TH 5T NW Legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 @2004 Collier County Property AppraISer While the Collier County Property AppraIser IS comm,Hed to prOlliding the most accurate an,j up-to.date information, no warranties expressed or implied are provided for the d~ta herein, Its use orlts mlerpreta\ion http://www.collierappraiser.com/we bmap/mapprint.aspx?title=2006&oricnt= LANDSCAP... 2/22/2010 Print Map Page I of I 2005 StrO:Ht!N_ Pllf~B Sul>djv'1Ol0f'l~ AII!fIalllOO5 [61"~to UlbanJ A.."al.2005jlfEETI BUildl"{IFQolplll'tIo Colll..t COIl"l) Folio Number: 37641240001 Name: FREEMAN, CHARLES H Street# & Name: 2860 8TH 8T NW Legal Description: GOLDEN GATE EST UNIT 21 S 180FT OF TR 22 @2004.ColllerCountyPropertyAppraiser While Ih.. Collier County Property Appraiser IS committed to providing lhe most accurate and up-la_date in/orm~tiaf\, nO warranties expressed Of Implied are provided forthedataherein,itsuse,oritsinterpretalion http://www.collierappraiser.comlwebmap/mapprint.aspx?title=200 5&orient= LANDSCAP... 2/22/20 10 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2006100546 Board of County Commissioners, Collier County, Florida Vs. Charles H. Freeman Violation of Ordinance 04-41 as amended Collier County Land Development Code Section 3.05.01 B Vegetation Removal Protection and Preservation Vegetation Removal/Landfill Required Susan O'Farrcll, Codc Enforccmcnt Official Dcpartmcnt Casc No. 2006100546 DESCRIPTION OF VIOLATION: Clearing of Vegetation in excess of one acre without required 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 cease all land clearing, excavation and/or land fill operations and must obtain any and all applicable permits to include Vegetation Removal or Vegetation Removal and Land Fill Permits within days of this hearing or a daily penalty of shall be assessed as long as the violation persists. OR The Respondent must prepare a mitigation plan which meets the criteria pursuant to 04-41 as amended, Section 10.02.06 E (3) and obtain approval of the required plan within days of this hearing or a daily penalty of shall be assessed as long as the violation persists and the mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section 10.02.02 A 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 Department of Code Enforcement Operational Costs Summary Board of County Commissioners VS. Charles H. Freeman Inv.Susan O'Farrell Department Case No. 2006100546 INVESTIGATIONS Hours Per Hour $7.00 I Total iD.Ool I Total $3.15 $0.00 $3.00 $7.00 $13.151 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Maii FINDING OF FACT HEARING PaQes CODies Per PaQe 11 143 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 PaQes PerPaQe 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff Countv Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $81.151 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 I CODV Costs & Mail Fees Black & White Color Three-Hole Punch Mail IMPOSITION OF FINES HEARING PaQes Co Dies Per PaQe o 0 $0.15 o 0 $Q75 $7.00 Document Recording (First Page) Document Recording (Addl Pages) PaQes 1 1 Per PaQe $10.00 $8.50 Total Operational Costs $155.29 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Marie L. GiIot, Respondent DEPTNo. CESD200800I5II2 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080015112 vs. MARIE L GILOT, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Activities Prior to Permit22-26(b)(1 04.1.3.5) LOCATION OF VIOLATION: 1707 6th AVE Immokalee, FL SERVED: MARIE L GILOT, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLl1ER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIl. NAPLES FLORIDA 34112 (239)774..aBOO; ASSISTED lISTEN\NG DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIF1CACION: Estllaudienc;lll sera COIIducida en el idiom. Ingles ServiciCls the trllduccion no sewl disp<.lnibles en III audiencia y usled sera responsible de proveer su propio traductor, para un mejor enlendimienlo con las ooml.lllieacionesdeesteevento. Porfavorlralgasupropiotracluctor. Avetlsman _ Toulodisyon yo fel an angltt Nou pan gin moun pou fe tradiksyon. 5i ou pa pale angle lanprl vini avek yon lntepret pou pale pou-ou. :1. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080015112 GILOT, MARIE L, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Special Magistrate, for the following reasons: 1. Violation of Ordinance(s) Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(I04.1.3.5) 2. Description of Violation: Construction /remodeling being done to main house and shed on property without permits. 3. Location/address where violation exists: 1707 6th Avenue, Immokalee FL, 34142,(folio # 752122400(7) 4. Name and address of owner/person in charge of violation location. Marie L Gilot 1707 6th Avenue Immokalee FL 34142. 5. Date violation fIrst observed: October 9th, 2008. 6. Date owner/person in charge given Notice of Violation: October 15th, 2008. 7. Date onlby which violation to be corrected: November 8th, 2008. 8. Date ofre-inspection: October 9th, 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 ciday of !'iN 2009 STATE OF FLORIDA COUNTY OF COLLIER (or fAlJ/bscribed before thi~ tay ofN/JV re of Notary P7) Personally known _ or produced identification _ Type of identifIcation produced :, 2009 by (PrintffypeJStamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA ii"-' Jennifer E.Waldron ~.. ) CO~mis.sion # Dp823767 .......,.. ExpIres. SEP.17,2012 BONDED TIIRU ATl...ANTIC BONDING CO., INC. 6) REV 8-20-08 Case Number: CESD20080015112 Date: October 09, 2008 Investigator: Weldon J Walker Jr. Phone: 252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GILOT, MARIE L 1707 6TH AVE IMMOKALEE, FL 341422745 Location: 1707 6th AVE Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: SUNNY ACRES BLK 9 BEG AT NW CORNER, E 101.87FT,S136.25FT, W101.65FT, N 136.25FT TO POB Folio: 75212240007 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-clescribed location. Ordinance/Code: Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b )(104.1.3.5) A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filiing, re-vegetation, etc.) shall have been issued prior to the commencement 01 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, lormwork, placement 01 building materials, equipment or accessory structures and disturbance or removal 01 protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: On site observed what appears to be an addition to the rear of the house as well as a newly constructed shed in the process of being built. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structureflmprovements AND / OR Must remove said structure/improvements, including materials from property and restore to a permitted slate. ON OR BEFORE: 11/08/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 3 09 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient Date '-I ARTICLE II. FLORIDA BUILDING CODE" "Editor's note: Ord. No. 02-01, ~ 1, adopted Jan. 8, 2002, provided for the adoption of the Florida Building Code to read as herein set out. Section 3 of said ordinance provided for the repeal of article II, ~~ 22-26--22-35 and 22-46--22-57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91-56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, ~ 58-26 et seq. Land development code reference--Building board of adjustment and appeals, div. 5.4. Sec. 22-26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: 104.1.3.5. A building pennit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to pennit 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. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building pennit, a test pile pennit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the ubuildingandapplicable ,fees shall-be chargedfor_thepennit.Atthe1im~Lapplying for. the test piling pennit the contractor shall provide, a bond, letter of credit or certified check equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. o .~~:iff{~lihf.tl>.~\'r-'~,<:!>'f..-ei\!+~-i'-"':"'f",A{"-';i ".(;:,"~C, ".,'....~j ;,'\.'.',i_';:".;""!o'o';"lilo:w."",_,.,,,,,,,,,,..,~:,,.,,.-,. 1~,'r.-2'lo.l-"""""" - nEC.~ ~*"," INT_ SO,~. ~ lNO-2!!!S WARRANTY ClEED, "Ide thb ~ dey of A~ o. 19.ML- between WARRANTY DEED 3900.767 Th1l Inetrulllllnt prepered by JERRY B. BELL, LEGAL ASSISTANT . - 'Aa.AClOIU.l, WM.ktR, FASml " HtlEtL "",6)1) Corporetlt Court, Suite 0 rort Hyers, Florido. 33907 (ST~'UTDRY FORM _ Section 689.02, rs.) Januarv (Rllcorder'eulIlI) JOHN C. SORRELL AND MELBERTA F. SORRELL. or tile Caunty or iLl!. HUSBAND AND WIFE in thll Stith or FI~iJlL ~.. '" ~ !li hereinener c.Ued tho Cnnlor, ."d JEAN M. GILOT AND MARIE L. alLOT, HUSBAND AND WIFE o o """ ~O.. ..IUing .ddree. ill 1707 6th Avenue West ~ lmmokalee, FL 33934 co '" ~l'.inefter calbdthe Crante., ("Cunt,or" end "Crantee" eu wed herein for ainguler or plural, end eny gender .1\8.11 includ. IU gendau, ee conte.t requir.e.) o :0 to o o <.0> ....., :i -. =. !!!! WITNESSETH, That the edd Grantor. for lII'ld in canaidauUon af the elM of t.n dolbr. ($10.00) elld other nluable conaideraUona to ..id Grantor in hand paid. the receipt whereaf 11 her.by .eknowledf;lid. he8 agreed, 11.. grentllld, tMl'g8ined, llnd .old unto the ee1d Gr8n~.. a:n..d Cl'enh.'. heir., or. .UCCIIIIISOl'll. .nd ...ign. for .ver, .11 that clllrhin p.rcel or bnd in the COlJI'lty or Collier Wld Steh of florida, to witr It::lts 1 and. 2, Block 9, SUnny Acres SUb::iivision, according to plat in Plat Book 3, page 3 of,the Public Records of Collier Cotmty, Florida; roore particularly described as follows: = >- I- l.D :z: => co = u .... a: UJ :3 = co '" . . -- . Begi~ a~ ~..f'b~:.CO~r: of Block 9, ~ Acres as reco~ in i2 Plat_ Book 3, page ,3"~_f ~ ,PuDl1c records of Colh.er County, Flonda;: thence Q run North 89 degrees 17'15" East 101.87 feet along the South Right of Way linel'T1 of 6th Ave.n~;: thence_ South 0 degrees 44'12" East 136.25 feet to the South boundary'of .theNorth one,:"ha.1f, . . thence WeSterly along said bouhdary 101.65 feet to the Fast r' 0. 18th street; then::e North 0 degrees 49'45" West 136. of way line to the Point of Beginning. Subject to oil rights and existing easerrents and. restri o o ~ o "" SU8JtCT to ........nt.. l'..tricticma doe. hUBby fully wUl'ant the tit lewrul cleal of aU p.r.on. wholII .ubllllqUllf1t. Signed.. i~ o p.r.onBUy 8ppltend JOHN C. SORRELL AND MELBERTA F. SORRELL. HUSBAND AND WIFE .. .. "" ~ . > > (Aih~ srt,~ >- al (Wit.) (Se81) (Wit.) (SlIIa1) (Two Seperete Witn...i.a Required) Statlll or J:1AU/J;'. County of ~ 1 t€ftEBY CElITlrY, Thllt on tht. 8th day of Januar,y , A.D. 19 88 bill for. 11III, an ornclllr duly eUffiiiWid in the 5tetlllenCl !;;ounty afon.ald tOE'iiT<i 8clcnowl.dpnts, to ... knoWn to be the JHIuon da.cl'ib.d in end who ...cuted the rOl'llgoing conveyance .nd acknowledg.d beforlll _ that he ,e..cubd the ..... "o<",~td"",~,,'l~ ... ()Ilof;'" II~;~ORIO'" COLLIEII COUG~LtS. CLtRI\. J,wESC, . WITNESS Hy eignature and oHiclel .1181 in the County end Ste~s le.t Ifor...id. o ary c . Nlltllry Pub~c. SLJtD of fIoriU 1 iasian [.pirslllt My (oll\lllinilln bpirtl J,I, 2. 1988 &.;.. .....1Itco!~IIJJ<I/tI:.......'l'..~ (Affb NohrySllel abovlI) Mnr:-.r- rll'~~'"i.~.":1l,..t~4'~~'-o;.:;;:;:~.".dj"'r:;"",,;......,.1 ~~;':~L~t""Il,..W.~~f4*J.:"$Xi~r.tf~~i;-","I~~iWf.;>l;,~~-,~ '~k;~i,.'.N, . ij';,I:I. ~;I , ',..' ]'- 1- COLLIER COUNTY ()SP)!.VO~ (Jl> \6\t"Z- BOARD OF COUNTY COMMISSIONERS PERMIT PERMIT # , 900001466 ISSUED; U --11)-90 BY: LOt''..D -------..- MASTER #: (~Ui:H_JCi14(;6 CO I" #: 000000000 cf~_~l'J_~..1~_~:C'_( P E : B R :2 A APPLIED DATE: 0-3-15-90 VALID #, 466 APPROVAL DATE: ;:'l-l,-:,--:j{J JOB ADDRESS: 17 T? --~_.. ---- - ..--- JOB DESCRIPTION: 6TH lWr'~ W SINGLE-FAMILY/EXISTING JOB PHONE: ---.--- SUBDIVISION #: ---.....-..------ ~T~OOD___ ]'v1AP: C ()::: 5 ZONE: FOLIO #: 0000075212240007 ----..----- 1717 - SUfln\l Acres BLOCK, 9 LOT: ~' [~ ELEVATION: ".---,,'-- SECTION-TOWNSHIP-RANGE --_._._..._---~.__."-- Q!"!.!'-J_I::~!_NyOR~TION_:. GILOT. JEAN M& MARIE L 17U')' 6TH A\lF N ; I: "~ r _ ~ _ ~ ~'ONTB!\CTOR ~.liFORMATION; IMMOKALSE, FL 339340000 !=ERTI F~E;}~TE #--=- PHONE, FCC CODE: ---- --- CONSTRUCTION -------------.--------- JOB VALUE: 434 "R/i\UIJITION. r,LTERP,TICN C~~~ 10 / OTHER ]:",000.00 TOTAL ,S,9FT, o SETBACKS FRONT: ---~--------------_. SEWER, UNKNOWN CO~IACT _~!u\1E.:.. !'-1ARI E CO~!!:f.I._?_HO_NE .:.. ( 94 1 ) 65) - 3 iJ 1 iJ REAR: SEPTIC N LEFT: WATER, UNKNOWN RIGHT: WELL N Pcr Collier County Ordi nanee No. 2002-0 I, as it may be amended, all \vork must comply with all applicable laws, codes, ordinances, and ,my additional stipu lations or conditions of this permit. lhis permit expires i fwork authorized by the permit is not commelll:ed within six (6) months from the date of issuance urthe permit. /\dditional fees for railing to obtain permits prior to the com Illen cement of construction may be imposed. Permittee(s) l"urther ullder~1ands that any contractor that Illay he employed must be a licensed contractor and that the structure must not be used or occupied until a Certilicate of Occupancy is isslled. NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL AND STATE LAWS REQUIRE THE PERMITTEE (EITHER THE OWNER OR CONTRAClOR) TO SUBMIT A NOTICE OF THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE INFORMATION, CONTACT DEI' AT (239) 332-6975. In addilionlo the conditions of this permit, there may be additional restrictions applicable to this property that may be found in the pnblic records of this connty, and there may be additional perm its reqnired from other governmental entities snch as water management districts, stllle agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. A INSPECTION HISTORY JOB LOCATION-010-IMMOKALEE SUBDIVISION-SUNNY ARCES JOB ADDRESS- 1707 NO 6TH AVE JOB NAME- DWELLING UNITS-OOOOO CONTRACTOR-GILOT, JEAN PHONE- NO- PERMIT NO-910011711 MAIN PERMIT NO-910011711 OWNER-GILOT, JEAN & MARIE S.D.C. RECEIPT- WATER-PRIVATE SEWER-PRIVATE DATE ISSUED- 12/02/91 DATE APPROVED- 10/24/91 SECTION TOWNSHIP RANGE MAP/AREA BLOCK LOT/PARCEL UNIT TRACT 9 2 000 USE/OCC-R/ADDITION, ALTERATION STRUCTURE-BEDROOM ADDI'lI!ONo f_&: BATHROOM/EXISTING COMMENTS- CONTACT PERSON-JEAN PHONE- FLOOD EL- BENCH MARK- LOCATION- 657-6870 ******************************************************************************** LINE # NOTE LINE ******** INSPECTION HISTORY ********* 910011711 INSP-SCHREIBER, .00 DATE TYPE 4/16/92 PASS 4/13/92 FAIL 5/29/92 PASS 5/29/92 PASS 4/13/92 FAIL 4/13/92 FAIL 6/03/92 99-NOTICE OF COMMENCEMENT 115-FINAL BUILDING ~ 20 28/NOT TO PLANS/2:50 - -10 DAY SPOT SURVEY , 204-FINAL PLUMBING 501-ELECTRICAL ROUGH 502-FINAL ELECTRICAL 20 28/NO S.D.& GFI IN 30 50 REINSPECTION FEE PAID .0. ISSUED- /00/00 INSP-SCHREIBER, 16.00 16.00 INSP-SCHREIBER, 16.00 BATH,WATERTIGHT OUTLET FOR HWH/2:50 16.00 32.00 32.00 TOTAL FEES- i \ \ \, . f'\fl}j i)' L'l \,UL) . V . /)1 c lj f \ ,A , \ \ \ , \, \ , ".. 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"" Page 1 of 1 http://maps,collierapprai ser ,com! output/Co llier _2004 _sde0244 362508 21205.j pg 9/2212009 ('4. c,i':1 AYE. / \ I I 01 "" ( ( ~rf~ ~ I ~ I I N 'O~.. ti I 1"5" e J '", i<i I , 10 I, en N 2c,.'''!:: , jI4.) ~l ! '1(: 7';": I _I d ::; 0'" ~ "" . C) V'<ll....... -l u::-. !l ______1 "\ \ ;! ~ z u. 111 N' ~I -I , . ~ ,oJ V '" , 1\ , I ; i i I II i , I I , "3<;.3 rr-' I t----.-......: ;; I' o ... I' :- ~. h , , I I """ ~ - r- y r-= l{I i; + j I 3' .* dol -~ 1$.;S .." SJ -t 151 -;jl :' '-... ~ I!l li. ,- r :!rJ \.Zl't ~ ~~ ...' 1-.t;L i ~: ~ i I ~l ~ if I~l-tli :~~. I '.30' S\J:-: 7- : - + i I I SB'3>ol1'IS':W t ~I ..Ji ~~ *""f1' " ~! i .~ I' 0 ~'" IQI.~ s' " ]iA ~ ../11 ,l I l< I --l- ]"l House Location 1707 6 th. Ave. Immokalee, Collier County, Florida. Scale: 1"= 30' Dec. 21, 1987 For Legal Description see attached. Certified to: Universal American Mortgage Corp. Blackwell, Walker,Fascell & Hoehl Jean & Mary Gilot I HEREBY CERTIFY THAT THE SURVEY REPRESENTED HEREON MEETS THE MINIMUM REQUIRE E TS AD PTED BY THE F_S.P.LS_ AND THE F,L.TA /2-- V-P? FLORIDA REGISTERED LAND SURVEYOR NO_ 3695 ROBERT M. STILL 111 LEE BLVD" LEHIGH ACRES FL 33936 369-5179 FILENO. 8771-9 21 February 2010 Dear Judge, We are writing this on behalf of Mrs. Marie Gilot concerning the property located over at 1707 North 6th Avenue, Immokalee, Florida, 34142. We have been neighbors of Marie for over ten years. We have not witnessed any new projects built over her property except for a couple of renovations and cleaning. Any questions concerning this matter, please feel free to contact one of us by mail or by the phone numbers listed below. Thank you very much and have a blessed day. Sincerely yours, Name:~ana., )'n, ~ ., PhO,",",m,.( ~'V&>!J. ."-'if' rlcQA~ pZ~.- . ~ -'\\~\~~. /S{() ':}V, Y&7:.?'3f.,; 2;;3 9 &J. (5 l!i L (CZ/~-G;va: :S-cS~~ 2 3 J - 3 $- L/ - 3 I 2 -5 ""J&~ J).c"th~ ~:) r._ <fj?:) - bb,'J~ 746 Lauren Lane Unit 104 Immokalee, FL, 34142 21 February 2010 706-284-7862 Dear Judge, I'm writing this in behalf of Mrs. Marie GHot in subject of the property located over at 1707 North 6th Avenue, Immokalee, Florida, 34142. I am a United States naturalized citizen, living in the United States for almost 12 years. And I have also served actively in the United States Marines from 18 july 2001.7 July 2009, and is currently serving in the United States Army Reserves. I have resided with Mrs. Marie during my first 3 years in the country at the same address listed above. Ever since that time, every building on that property has been the same except maybe a couple renovations, but nothing new has been built after she purchased it in 15 of the year 1988. Any questions concerning this matter feel free to contact me by mail, or by the phone number listed at the top left of this letter. Thank you very much and have a blessed day. Sincerely yours, Sergeant, United States Army COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080015112 Board of County Commissioners, Collier County, Florida Vs, GlLOT, MARIE L Violation of Ordinance/Section(s) Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(I 04, 1.3,5) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20080015112 DESCRIPTION OF VIOLATION: Construction /remodeling being done to main house and shed on property without permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain valid Collier County Building permit(s) or Demolition permit for all unpermitted construction/improvements to the house and get all inspections through certificate of completion (CO) within days of this hearing or a fine of $ a day will be imposed. 2, The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all cost of abatement shall be assessed to the property owner. REV 4124/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Marie L. Gilot Inv.Weldon Walker Department Case No, CESD200B0015112 INVESTIGATIONS Hours Per Hour $7,00 I Total $0.001 I Total $2,29 $0,00 $3,00 $7,00 $12.291 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0,022 o 0 $Q75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0,5 $65,00 0 $0,00 Paaes PerPaae 1 $10,00 3 $8,50 Total $32,50 $0,00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0,5 Per Hour $65,00 $10,00 $25,50 FOF Total I $80.291 I Total $0,00 $0,00 $3,00 $7,00 $10.001 Total $32,50 $10,00 $8,50 $51.001 IOF Total $61.001 IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0,15 o 0 $0,75 I COpy Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7,00 Document Recording (First Page) Document Recording (Addl Pages) Paaes 1 1 Per Paae $10,00 $8,50 Total Operational Costs $153.58 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Teak Wood Farm, LLC, Respondent Thomas B. Garlick, Registered Agent DEPTNo. CELU20090010964 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CELU20090010964 vs. TEAK WOOD FARM LLC, Respondent(s) GARLICK, THOMAS B, 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: 02/25/2010 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Prohibited Use2.02.03 LOCATION OF VIOLATION: 4840 Teak Wood DR Naples, FL SERVED: TEAK WOOD FARM LLC, Respondent THOMAS B. GARLICK, Registered Agent Jose Luis Cano, 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WTH A DISABILITY INHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)n4-8SOO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILA.BlE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta .udienciasen conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audienciay usted sera responsable de proveer su propio lraductor. para un mejor enlendimiento con las c:omunicaciones de esle evenlO. Par favor tralga su propio lraductor. :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Teak Wood Farm LLC 6017 Pine Ridge RD #326 Naples, FL 34109-3956. Respondent(s) DEPT CASE NO. CELU200900I0964 STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) Prohibited Use. Collier County Land Development Code 04-41 as amended, section 2.02.03 3. Location/address where violation exists: 4840 Teak Wood Dr. Naples. FL Folio 41832000004 2. Description of Violation: Illegal operation ofa horse training and boarding on the estates zoned property. 4. Name and address of owner/person in charge of violation location; Thomas B. Garlick, Teak Wood Farm LLC 9115corsoo Del Fontana#! 00 6017 Pine Ridge RD #326 Naples, FI 34109-3956 Naples, FL 34109-3956 5. Date violation first observed; 06-24-09 6. Date owner/person in charge given Notice of Violation; 24 June 2009 7. Date onlby which violation to be corrected; 24 July 2009 8. Date of re-inspection; 17 November 2009 9. Results efRe-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 17th day of December, 2009 ~4~~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before this...l.Z!lL.-day of December ,2009 by f-t/~ ure of Notary Public) --- Personally known ~ or produced identification ~ Type of identification produced (PrintiType/Stamp Commissioned Name of Notary Public) REV 3-3-05 NOTARY PUBUC-STATE OF FLORIDA ......""...., Jennifer E. Waldron i.W ECommissiou#DD823767 ,-.~.., Expires; SEP. 17,2012 BONDED T!iRU ATLMfIlC BONDING co., INc. d Case Number. CELU20090010964 Date: June 24, 2009 Investigator. Jose Luis Cano Phone: 2392522447 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TEAK WOOD FARM LLC 6017 PINE RIDGE RD # 326 NAPLES, FL 341193956 Registered Agent: GARLICK, THOMAS B 9115 corsea del fontana #100 NAPLES, FL 341094316 Location: 4840 Teak Wood DR Naples, FL Zoning Dlst: E Property Legal Description: GOLDEN GATE EST UNIT 95 W 180FT OF TR 115 Folio: 41832000004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordlnence 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 CONDmONS CONSTITUTING THE VIOLA TION(S). Did Witness: Illegal operation of a horse training and boarding on estates zoned property. ORDER TO CORRECT VIOLATIONISI: You are directed by this Notice to take the following corrective action(s): Must cease all_equestrian business_ use at any and all property other than property zoned for _such _ use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND 1 OR Remove _or cease all operation of equstrian business_ from unimproved property and/or property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(8)(5) and/or intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 07/24/2009 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: ~~~~/ tfn e ator Sig a ur Jose Luis Cano INQUIRIES AND COMMENTS SHOULD BE DiRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 '-w~ 3 ... -'.. -, ...,........ ".--' . . 1JeOdftrl 3 G.cW rinted Name of Recipient ~'1 ke 1~1 ate ' 4 ~ ORDINANCE NO. 04-41 :..-... AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER CGUNTY U,ND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGUU,TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY qUPERCEDlNG ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE U,ND 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 U,WS 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 ZONIN<3 DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, S!::C. 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, SEt:. 4.03.00 SUBDIVISION DESIGN AND u'YOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 U,NDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR Pu'NNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL U,NDS STEWARDSHIP AREA ZONING OVERu'Y 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 _ lIiIFRASTRUC- 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 ADMINJSTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PU,NNING 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- . OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 5 ~ vii COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases "industrial districts," 'zoned Industrially," "industriaily zoned," "industrial zoning," or phraseoiogy of similar intent, are used In this LDC, the phrases shail be construed to include: I and Industrial components In PUDs. ,If? 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, inciuding ail 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 LOC 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 LOC, then it shall be a legal nonconforming use under 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 Agricuitural 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 eiement. 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 residentlai 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 o Pnpared Ily and Return 10' *** 3848578 OR: 4047 PG: 1132 *** RlCOIDID 1, o!!lcm RlCOlD5 of CDLLIIR Com!. IL 06/01/1006 .t 01 ,J6Pl OVlm I. BROC!. mRI COIS mooo.OG DC m 10.00 DOC-.10 mo.oo BARBARA GEORGE WORTHINGTON TITLE SERVICES, INC. 9240 MARKETPLACE ROAD, SUITE 2 FT. MYERS, FLORIDA 33912 GRANTEE TAX 10 NUMBER: Retn: iOITBlmOV lIlLI llC PlCIUP WARRANTY DEED THIS INDENTURE, made this J:+>J~ day of May , A.D. 2006 between STEPHEN C. MEYERHOEFFER and MARTINA U. MEYERHOEFFER, Husband and Wife as Grantor., whose address is: 1235 SYLVAN DRIVE, MOUNT DORA, FL 32757 and TEAK WOOD FARM, LLC, a Florida limited liability company as Grantee-, whose address i8: 5405 TAYLOR ROAD, #4, NAPLES, FL 34109 WITNESSETH: That the Grantors, for and in conSideration of the sum of TEN AND NO/IOO DOLLARS ($10.00l 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, Stat Florida, to-wit: RC With full power and a th legal and beneficial specifically set for NO. 95, according to Public Records of ant and encumber both the ing conveyed as more Property Tax ID Number: '(1'1 SUBJECT TO easements, rest taxes for 2006 and subseque y o Said grantor does hereby fully r the same against the lawful claims if any, and and will defend *Singular and plural are interchangeable as context requires. IN WITNESS WHEREOF, Grantor has and year first above written. Witnesses d ~ 5~~(' -- (WITNESS 1) '.'. _ \ ~IOS a..= ~.c.-b~ hl'\E'Gi<= See G..-~<..... State of Florida County of ~ hereunto set grantor's hand and seal the day The foregoing instrument was acknowledged before me on this ~ day of May, 2006 by STEPHEN C. MEYERHOEFFER and MARTINA_U. MEYERHOEFFER, Husband and Wife, who is known to me or who has produced ty] \)'\lfjG.~ as identification and did _ take an oath. C\~&\ MiJuY If ()~leX1f.i.J{'.Q NOTARY PUBLIC PRINT OR TYPB NAJelh l'01~\e A fu~,.:;.d My Commission Expires: 'A\ (5""'" \ IIlCHEl.I.E_ NotafyPutllic......oIftot1d1 WyCOlMl...C*,11.2OGt ....00_' .\MS-WD-PloAIN Rev. 10/.2'/'4 7- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CELU200900 I 0964 Board of County Commissioners, Collier County, Florida Vs. Teak Wood Farm LLC Violation of Ordinance/Section(s) Collier County Land Development Code 04-41 as amended, section 2.02.03 Jose Luis Cano, Code Enforcement Official Department Case No. CELU20090010964 DESCRIPTION OF VIOLATION: Illegal operation of a horse training and boarding on estates zoned property. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: I. The property owner must cease all equestrian business at any and all property other than properties zoned for such use within 5 days of this hearing or a fine of $250 a day will be assessed until abatement. 2. The property owner must remove the website advertising the equestrian business at the site within 5 days of this hearing or a fine of $250 a day will be assessed until abatement. 3. 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. CELU20090010964 Teak Wood Farm LLC Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Teak Wood Farm LLC, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (cJase'}lnuml:)er:CELU20090010964 dated the 24th 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 24 February 2010; 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 Illegal operation of a horse training and boarding on estates zoned property. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $80.29 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: The property owner must cease all e~estrian business at any and all property other than properties zoned for such use within X BP'fIStlRt sf days of this hearing or a fine of $ X 1~I:IF1t ef dollars a day will be assessed until abatement. 3) The property owner must remove the website advertising the equestrian business at the site within X amount of days of this hearing or a fine of $ X amount of dollars per day will be assessed until abatement. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (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 Illllst be made on the next day that IS not a Saturday, Sunday or legal holiday) 5) 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 b_6gssessed to, the prope~y owner. --~ - / '_'>' f' - ' q /, ~ '-*'" " ';/~'-t;. ,/'" (.. i, .Diane Flagg, Director Code Enforcement Department </------_.---....-~----------- c____~ P' / (), / I' u Date ResPRndent or RE;Pres.?ntative (print) t'p,<,JI... ..), _ l.)~, >- a - :IS - I b Date REV 4/24/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. David & Juana Carrillo, Respondent DEPT No. CESD20090010456 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CESD20090010456 vs. DAVID & JUANA CARRILLO, 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: 02/25/2010 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: 1207 Immokalee DR Immokalee, FL SERVED: DAVID & JUANA CARRILLO, ,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 andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VV1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN AS51STANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EASTTAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-B800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICAClQN: Est. .l1liienci. sera conducida en el idiema Ingles. Servicio5 Ih. traduction no seran disponibles en 1. audiencia y USled serB responsable de proveer su propio tredactor, para un mejorentendimiento con]as comunicaciones de este evmlO. por favor traiga su propio Iraductor. Avetisman _ Toulodisyon yofilt an angle. Nou pan gin moun pouf~ tradiksyon. Si ou pa pale angle tanprl vini avek yon int~rel pou pale pou-ou. 1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090010456 CARRILLO, DAVID & JUANA, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation ofOrdinance(s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(I)(a) 2. Description of Violation: Observed 2 structures not permitted.. 3. Location/address where violation exists: 1207 Immokalee Drive Immokalee FL 34142(folio# 51040120009). 4. Name and address of owner/person in charge of violation location. Mr. David & Juana Carrillo 1275 Immokalee Drive Immokalee FL, 34142. 5. Date violation first observed: 06/9/2009. 6. Date owner/person in charge given Notice of Violation: 08/21/2009. 7. Date onlby which violation to be corrected: 09/20/2009. 8. Date ofre-inspection: 01/22/2010. 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 2"' day of February, 2010 STATE OF FLORIDA COUNTY OF OLLIER '") . ,,-;; / NOTARY PUBUC-8TAfE OF r af rmed) and subscribed before this--.f:day of~ 20 I 0 bl(~i' Kitchell'" SFLORIDA =.. ,. now \. jCOlJ!lllisSioD #DD929983 '""..." Expll'es: OCT 01 '013 (PrinJl"ypm~~c. Name of Notary Public) f otary 'c Personally known /or produced identification ~ Type of identification produced REV 1-12-10 ~ Case Number: CESD20090010456 Date: August 21, 2009 Investigator: Weldon J Walker Jr. Phone: 239252-5302 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: CARRILLO, DAVID & JUANA 1275 IMMOKALEE DR IMMOKALEE. FL 341423415 Location: 1207 Immokalee DR Immokalee, FL Unincorporated Collier County Zoning Dist: RSF-5 Property Legal Description: HULL HGTS BLK 1 LOTS 4 + 5 Folio: 51040120009 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 A~eration 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 iand 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 wrttten 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 wrttten authonzation to alter land and for which a building permit may not be required. Examples include but are not limited to cleartng and excavation permits, site development plan approvals, agrtcultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized~rallowedtoexist~nd/or'no .Iand illteration shall be1l"rmitted without firstobtaining the~aathwiZll1ionoftl1e reqUifed permlt(S);--- inspections and certificate(s} of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Observed 2 structures on property 1st structure seems to be the primary structure which has an addition in the rear and is converted into 3 units one in the front and 2 on the east side of structure. Spoke to the tenant who lives in the front of primary structure allowed me to go into the unit to take photos. The tenant said the other 2 units were also rentals. 2nd structure has 2 floors. The tenant in the first floor allowed me to go in and take photos. The tenant said that the second floor was also a rental, knocked on door no one home. Also on the west side of property 2 shed an aluminum and wooden. ORDER TO CORRECT VIOLA TION/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 and apply for and obtain all permils required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. ON OR BEFORE: 09/20/2009 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. d INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-5302 FAX: 239 252-2343 ~(2. gn ure and Title of Recipient ba.il(~d Cor09 tLo Printed Name of Recipient Date 4 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. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. 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 6 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 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. &; nil p.c_tAml"'npaml By and Rtturn to: 014 'lorida Title Irl. C. .alwrt. 2010 KoOragor Blvd. '200 Port MYer., FL J3'01 *** 3157801 OR: 3256 PG: 1719 *** mama 1. ommL mOlDs .f COLLIU caum, IL 01/03/1001 It 01:0lI! DVlGIIT I, UDCI, CLIII COli !Dl 00.00 IIC!II I,DO DOC.,lD 1lO,1I r.,ctIIDNllmbtr: Gt1Inke'l TIN: Gt1Intn-'2TIN: 51040120009 305-64-4717 592-50-3680 letD: DLD !LDllDA TITLI 1010lCGUGORIL1DIlDO " KTlIl !L mal Warranty Deed Tbl.lndenture, Made this 31st da)'or March \ 2003 AU.. Cynthia L. Carver and Joel C. Carver, wife and huaband Betlo...,. uf LM (""unt)' ur Collier ,Slale ,.( Florida David Carrillo and Juana Carrillo, huaband and wife \ granton. and whose addrm is: 1275 Immokal.. Or., Izmnokal.e, FL 34143 ollht County o( Collier SUIt' of Florida , grantees. WltDeueth lhal the GRANTORS. for.nd in (".KlJkknllion u(lhc sum ,\f _n nnn. n -un _. __ ---TBII DOLLARS ($10) nn_n_ n _u ___ _ - _ _u - IXll.I.AR.'. .nd other loud .nd valuable ("'lfl'Iidchlli,lft ID GRANTORS in hllnd plid by GRANTEE!';. Ih~' m:cil'll when:...f ill hL'fd,y Id.:.l'ItlV.IC\lgcd. ha\t' 'hinted. barpined .nd Nld In the Slid GRANTEES and GRANTEES' heirs. SUC("CSSflfli and assigns fl\ft'\'Cl'. t"'-' r,'ll\lwinll IIcs~ribt:\J bnd. silual.:. lyin,lndbcin,inlhl!rountyu( Collier SII.I\' \If Florida 10.1\\11 Lot. 4 and 5, Block 1, HULL HEIGHTS, a. per map or plat thereof recorded in Plat Book 2, Page e Public Recorda of Collier County, Florida. y\ER CO(h. ~ ;Vl' Subject to current .ement. and ction8 of record. and Ihe pinIOn do ~by fully ....mnt the lith: Itl SIN land. and ..ill dcf\'l'ItI the same .pinst bwlul daim; .,f all pt'r.it\1\$ v.Jt,.'mklt.:\'o:t In WltAelS Whereof, 1M a~nlon ha;\l: hm:umo set their bamb Ind s.:als the da:- anll ynr finl at'lll\-': "ntlcn. Slped, elled Ind delivered In our presence: QrwfA'A' ;( &~ ern ia L. Carver p.o. Addras: PO Bcn5114.I.moblre. A.)410 ~ C. ta1fV7 J6el C. Carver p.o. Ad<1rcss_ PO Bvl5114. l.....blft. Fl. JUO (S~all Printed N...... e Ii'.. c. >1 Witne.. ~~~vv.I) Printed N...... Dp..lVl'\ bA~.:1l:'-l..\~ Witne.. (S~al) STATE OF Florida COUNTY OF Collier nr f~JOin. imtnnnrnl Will Kknowled~ bcf"rr nlt this 31at day ll( March Cynthia L. Carver and Joel C. Carver, wife and huaband , 2003 h~ who ~ rm-II)' known 10 me ur who hI,.t produced lheir Flor ida ~:.- __._oIf"""'" .. _....,O'llIl7.. ~.DO".... [ -..--.-. Printed Namel Notary Public: My CommiKkln ElIpircs. A ~,rl n.03f7 '-~N,,"rDioplllJs,....,I..:lOOO llla))lU."" F_n.wu.1 7- COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20090010456 Board of County Commissioners, Collier County, Florida Vs. CARRILLO, DAVID & JUANA Violation of Ordinance/Section( s) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B) (I) (a) Weldon J Walker Jr., Code Enforcement Official Department Case No. CESD20090010456 DESCRIPTION OF VIOLATION: Observed 2 structures not permitted on property. 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: I. Obtain a valid Collier County Building permit(s) for the following all unpermitted structures, Get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted structures Within Jays of this hearing or a fine of a day will be imposed. Remove such waste to a suitable for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. David & Juana Carrillo Inv.Weldon Walker Department Case No. CESD20090010456 INVESTIGATIONS Hours Per Hour $7.00 I Total $D.ii01 I Total $2.29 $0.00 $3.00 $7.00 $12.291 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail FINDING OF FACT HEARING Paaes Copies Per Paae 8 104 0.022 o 0 $0.75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Paaes Per Paae 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.291 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 IOF Total $61.001 IMPOSITION OF FINES HEARING Paaes Copies Per Paae o 0 $0.15 o 0 $0.75 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Document Recording (First Page) Document Recording (Addi Pages) Paaes 1 1 PerPaae $10.00 $8.50 Total Operational Costs $153.58 BOARD OF COUNTY COMMISSIONERS Collier County, Florida . Petitioner, vs. Case No. CESD20090010456 CARRILLO, DAVID & JUANA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Carrillo, David & Juana, on behalf of himself or Herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violatioh in reference (case) number CESD2009001 0456 dated the August day of 21 'I, 2009 . In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcemef,l't 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 $ iol1 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: 1. Obtain a valid Collier County Building permit(s) for the following unpermitted structures: Get all inspections through certificate of completion (CO) within 120 days of the date of this hearing or a fine of 150.00 a day will be imposed OR Obtained a demolition permit with all inspection and certificate of completion (CO) and remove unpermitted: structures within 120 days of this hearing or a fine of $150.00 a day will be imposed. Remove such waste to a suitable for such disposal 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. If1he violalion 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. ,,1C1/;'L/~ {I--ev..;(' H..'ij{~,;, ? ~. ~Y' , ./ Respondent or Representative (sign) , . f \./ un (//'c! {i/~,zIl//!0 j'- Respondent or Representative (print) X 7 r { x.. 2-( Date /2//0 7- I I L I /0 Date ' , REV 1/12/10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Duane S. & Fleeta K. Wheeler, Respondent DEPT No. 2007100985 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8-9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007100985 vs. DUANE S & FLEETA K WHEELER, 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 herebyordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East BUilding F, Naples, FL 34112 VIOLATION: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCYzon-PROP-2.7.6.1 LOCATION OF VIOLATION: 119 Hancock ST Immokalee, FL SERVED: DUANE S & FLEETA K WHEELER, ,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 andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON IJIlITH A DISABILITY 'NHO 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 FACILtTlES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-6800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eI idioma Ingles. Servicios the tIlIduecion no seran disponibles en La audiencia y USled sera responsable de proveer su propio uaduelor, para lIII mejor enlendimiento con las comunicacionesdeesteevenlo.Porfavortralgasuproplolraductor. Avatisman _ Tout odisyon yo fat an angl6. Nou pan gin moun pou fe tradiksyon_ Si 01.1 pa pale angle tanpri vinl avek yon InlepnH pou pale pou-ou. :1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007100985 WHEELER, DUANE & FLEETA K, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: I. Violation ofOrdinance(s) 04-41. As amended, The collier county Land Development Code Sec(s) I 0.02.06(B)( I )(a): I 0.02.06(B)( 1)( e); 10 1.02.06(B)( I )(e )(i). 2. Description of Violation: No Collier County permits: work consisting of but not limited to remodeling of windows, floor, interior/exterior walls, electric, plumbing, trench dug and filled in from the house to the water main. 3. Location/address where violation exists: 119 Hancock Street Immokalee FL 34142(Folio# 00123240006) 4. Name and address of owner/person in charge of violation location: Duane & Fleeta K Wheeler PO Box 5222 Immokalee FL 34143-5222. 5. Date violation first observed: November Slh, 2007. 6. Date owner/person in charge given Notice of Violation: November 19lh 2007. 7. Date onlby which violation to be corrected: November 30lh 2007. S. Date ofre-inspection: December20lh 2010 9. Results ofRe-inspection: VIOLATION REMAINS. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for public hearing. Dated this 2NO dav of February, 2010 STATE OF FLORIDA COUNTY 0 LLIER day of Februarv. 2010 by NOTARY PUBUC.sTATE OF FLORIDA (Pf~=J;;JJ~d N~\llmPulfjil1. ai, 2013 BONDED TBRU ATI..A....'TIC B01'I1>ING co.. me. (Signature ofN tary Public) Personally known Lor produced identification _ Type of identification produced REV 3-3-05 &) Case Number,{()(17/0a'1 ~~ COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Date: 10/29/07 Respondent WHEELER, DUANE, FLEETA K L-- Investigator: Phone: Weldon J Walker 239-530-53C Zoning Dist Legal: Subdivision PO BOX 5222 lmmokalee FL 34142 Location' 119 HANCOCK ST Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07~44, you are notified that a violation(s) of the following codes exist: Jiling : Ordinance 2003~37 Collier County Right-or.Way Ordinance DSection 5 Permits. It shall be unlawful for any Responsible Party to dig. excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-oC-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a pennit for such work, etc. (Also Cound in Section 110, Article II of the Collier COUDty Code of Laws and Ordinances, Section 110-31) Ordinance 04-41, as amended, Land Development Code, S~ lO.02.06{B)(I) Building or land alteration permit and certificate of occupancy 18I10.02.06(B)(I)(a)Zoning action on building permits...no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist. .. without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. ~lO.02.06(B){I)(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. ~10.02.06(B){I)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article n 0103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbi[\g systeIllS which are. ':lns;if~,_':lfiS~tary, or do not provide adequate egress, or which constitute a flre hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 0103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit 00 the same property, the fence or enclosW'e required shall be in place at the time of fmal building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to fllling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.1.3.5 Prohibited Activities prior to Permit Issuance. 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 cOIrunencement 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, form work, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. ection 106.1.2 Certificate of Occupancy. ..]106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, ... with the provisions of this Code. Notice of Violation Original to File Copy to Respondent RMF-6 See 04 Twp Block 47 Rng 2~ ~ Lot -00 100 Folio 0000000123240006 OR Book 2563 Page 19 Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When 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 pennit Section 105.7 }'Iacemem of Permit 0105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities Dlu.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. Other Ordinance/Narrative: No Collier County Permits: work consistine: of but no limited remodelin!! of windows. floors. interior/exterior walls. +ctri plumbine:. trench. due: and filled in from the house to the wat, main. , Order to Correct Violation(s): ~Must be in compliance with a,IJCtJIlil4County 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. [gIMust request/cause required inspections to be performed and obtain a certificate of occupancy/completion. OR demolish described improvements/structure and remove from property. OMust effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) oms! be CORRECTED BY: NOV 30,2007 Failure to correct violations may result in: I) 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. 3 Copy for Site Posting Copy for Official Posting Rev 5/30/07 t/.ih2.iE 5 & FLF"'.n\ :'. fr-lf,EI.:~P ?'..;' S.::::. S2?: I;'12~:'C;-:::'..LEE.. E';,::4: 13-~2,~,:' i;. ~'? .1::-"" NDe :::0~;;"".O'~103j o l"- tr ::r nJ o o o o Ul ::r rn ,...Il o o l"- . ," . . . . . I OFFICIAL USE 1 Postage $ po~l Certified Fee Return Receipt Fee (Endorsement Requlred) H.", Restricted Delivery. F~ (Endorsement ::",i:.,,:.' ~. - ~., :_c.F~".':. ....Er: ~~, S? Total Posta !, \.1': ;:AL~.~ Sent 0 ~r. ,J _. .,...., ;:;;;;.;",.0 orPOBoxN CitY.State;~ :;".'- ~ \. ': ::.~ ~.) ".';.' :u If 'Site Posting Copy for Official Posting Rev 5130/07 '-I f""C, . \~3'U,,># ~/.... .... Ii' ~ 0... II --)l.. '(SA j ~ ORDINANCE NO. 04- 41 i \...~ JI: ORDINANCE OF THE BOARD OF COUN1Y COMMISSIONERS ~ 0>. F COLLIER COUN1Y, FLORIDA, RECODIFYING THE COLLIER ~b- fj.~ COUN1Y LAND DEVELOPMENT CODE, WHICH INCLUDES THE -':::'G:U:ot 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. 1.04.0q":i _ ~ APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AN~>. .~_; 11 INTENT, SEC. 1.06.00 ROLES OF INTERPRETATION, SEC. 1.07.00~;;:., LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINlTIONS;~".c~ ~ i CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC.~:s ".. m 2.01.00 GENERALLY, SEC. 2.02_00 ESTABLISHMENT OF ZONING:.,"C' :x: 0 DISTRICTS, SEC. 2.03_00 ZONING DISTRICTS, SEC. 2.04.00 6<" 9 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN~;;;! U1 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 PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04_00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4_02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4_04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF TABLES IN CHAPTER 4; CHAPTER 5 _ SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 6.02.00 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 POUT/CAL SIGNS; CHAPTER 6 _ INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACIUTIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACIUT/ES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05_00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DlVISION; CHAPTER g - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Pagel 016 5 B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application fOl building or lana alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. w 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. L Statements made by the applicant on the building or land alteration permit application shall be deerned 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, FAC. e. Improvement of property prohibited prior to issuance 01 building permit. . No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. L 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). '+ : This" instrument prepared by: JACKIE PHILLIPS FOR FLEETWOOD TITLE CORPORATION 904 LEE BLVD., SUITE 106, LEHIGH ACRES, FLORIDA 33936 2497411 OR: 2563 PG: 1~14 DCOUII 1. O/llCllI UCOUI or cmlll coom, II '1/2I/1I1l1111:1I11 HII;I'I'. 1I0Cl, CIID COli 1111'.11 DC III lI.l' OOC-,10 IIl.O. REC RPTT TOTAL $ 19.50 $189.00 $208.50 lito: 11I_ mLl COli I 0 ICl 1lI1 LlllClleDI 1\ 11110 1101 PARCEL . 00123240006 PAG. 1 OP 2 WARRANTy DEED FTC-39647-JOP TRI' ..,..urY D..o, delivered this 7th day of JUNE, A.D. 1999, by J-"'..... Dnu.oftGllTAL .UVIC... INC., A PLORIDA CORPORATION acquiring title through instrument as recorded in O. R. Book 1245, Page 1414 in the public records of COLLIER County, Florida. authorised to do business in the State of FLORIDA, and having a plAce of business in the county of COLLIER, State of FLORIDA, hereafter called the -Grantor", to DVAIIII lu.lI1' 1lDJ!,.... AJID PL.nA DTIDlYH WIIIlILIR, BtJSBAJID AND WIn whose post office address is, P. O. BOX 5222 IMMOKALEE, FL 34143 herein called the MGrantee-; BIlGDlNING AT A POINT ON T E QUARTER OF THE NORTH TOWNSHIP 47 SOUTH, CBNTBR LINE OF STATE SOUTH 50 FEET; THENCE THENCE EAST 130 FEET T DESCRIBED AS THE NORTH 5 FEET OF THE EAST 130 FEET; OF~--THE-NORTHEAST 1/4 OF THE SOUTH, RANGE 29 EAST, COLLIER COUNTY, AJID THE SOUTH 25 FEET OF THE NORTH 250 FEET OF THE EAST 130 FEET OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY. IMMOKALEE, FLORIDA onsideration of the sum of considerations to said whereof is hereby t e said Grantee, and the 9 escribed real FLORIDA, to-wit: WITKI'S~: That said Gran Ten Dollars ($10.00l and oth Grantor in hand paid by sai acknowledged, has granted, ba Grantee'. heirs and assig s 0 property. situate, lying n HALF OF THE NORTHWEST QUARTER OF SECTION 4, ~ 250 FEET SOUTH OF THE INNING; RUN THENCE NORTH SO FEET; RUN ; BEING FURTHER o FEET OF THE NORTH 400 1/2 OF THE NORTHWEST 1/4 OF SEC'fI Ol'l. 4, WWNSHJP 47 FLORIDA Subject to easements, reservations, restrictions. conditions and limitations of record in the Public Records of COLLIER County, Florida, except taxe. accruing subsequent to December 31. 1998. if any. and said Grantor does hereby fully warrant the title to said property, and will defend the same against the lawful claims of all persons whomsoever. ~ .' '. OR: 2563 PG: 1915 PAOli 2 or 2 IX WITXlSI MBllREOr, Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its proper officers thereunto duly authorized the day and year first above written. (COUOIlATS 11IAL) IMMOKALEE DEVELOPMENTAL SERVICES, INC. **SIIII ATTACHED CORPOIlATII RESOLUTION** ATTEST: Secretary BY A=~i~D ~IGN~dc,....J LS PRINT NAME & TITLE ALSO, tlc.b,,~" M. i>..~Io.J'. S,...d..'J P. o. BOX 336 IMMOKALEE, FL 34143-0336 Jackie Phillips PRINTED NAME OF WITNESS STATE OF FLORIDA o fleer duly authorized in ts personally appeared for IMMOKALEE nome known to be the arranty Deed and they fore me that they therein expressed; and d corporation; and that rporation and did produce ~ a current acceptable ~ ~........ WITIIIlII my hand and official seal this~ day of~ A.D. 1999. (IIIAL) ~- ~ 'I;~DASUECOYNE Q) UIlIIlYleo.- 18910n ExpiWs: tIf~'CCI1 -....... IQIIlDMIf,.,.-....u..... 11-05 q COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007100985 Board of County Commissioners, Collier County, Florida Vs. WHEELER, DUANE, FLEETA K Violation of Ordinance/Section(s) 04-44. Land Development Code, as Amended of Section(s) I 0.02.06(B)( 1)( a); I 0.02.06(B)( 1)( e); 10 1.02.06(B)( 1)( e lei). Weldon J Walker Jr., Code Enforcement Official Department Case No. 2007100985 DESCRIPTION OF VIOLATION: Construction/remodeling being done prior to obtaining and posting valid Collier County Building permits. RECOMMENDA TION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodel/additions on property and get all inspections through certificate of completion (CO) within 60 days of the date of this hearing or a fine of $200.00 a day will be imposed until such time as the unpermitted construction/remodeling! addition has been permitted, inspection and Coed OR obtain a demo permit and remove any unpermitted construction/remodeling/addition within 60 days of the date of this hearing and restore the building to its original permitted state or a fine of $200.00 a day will be until the violation is abated. Remove all construction waste to the appropriate site for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 4/24/09 Collier County Department of Code Enforcement Operational Costs Summary Board of County Commissioners vs. Duane S. & Fleeta K. Wheeler Inv.Weldon Walker Department Case No. 2007100985 INVESTIGATIONS Hours Per Hour $7.00 I Total $ci:001 I Total $2.86 $0.00 $3.00 $7.00 $12.861 I Copv Costs & Mail Fees Black & While Color Three-Hole Punch Mail FINDING OF FACT HEARING Palles Copies Per Palle 10 130 0.022 o 0 $Q75 Document Recording (First Page) Document Recording (Addl Pages) Hours Per Hour 0.5 $65.00 0 $0.00 Palles Per Palle 1 $10.00 3 $8.50 Total $32.50 $0.00 County Staff Clerk of Board Fees Other Staff County Staff Clerk of Board Fees Hours 0.5 Per Hour $65.00 $10.00 $25.50 FOF Total I $80.861 I Total $0.00 $0.00 $3.00 $7.00 $10.001 Total $32.50 $10.00 $8.50 $51.001 10F Total $61.001 IMPOSITION OF FINES HEARING Palles Copies Per Palle o 0 $0.15 o 0 $Q75 I Copv Costs & Mail Fees Black & White Color Three-Hole Punch Mail $7.00 Document Recording (First Page) Document Recording (Addl Pages) Palles 1 1 Per Palle $10.00 $8.50 Total Operational Costs $154.72 " BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007100985 WHEELER, DUANE S & FLEETA K Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, WHEELER, DUANE S & FLEETA K, on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007100985 dated the 29TH day of October, 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 / /10; to promote efficiency in the administration of tHe code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $~."6(.. incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Respondent must obtain a collier County Building permit, inspections, for his/her property located at 119 Hancock Street, Immokalee FL, 34142 and certificate of completion within 90 days of the hearing or pay a fine of $200.00 per day will be imposed until violation is abated OR obtain a Collier County demollition permit, inspections and certification of completion within 60 day of this hearing or a fine of $200.00 per day will be imposed untiil violation is abated. If the repondent fil to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff Office to enforce the provisions of this order. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiaator perform a site inspection to confirm compliance. (24 hours notice iliall be by phone or fax and made during the workweek. If the violation Is aba1ed 24 hours prior to a Saturday, Sunday or legal holiday, 1hen lhe notification musl be made on the next day thai Is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate tjle violation and may use the assistance of the Collier County Sheriff's Office to enforce the ro' ions of this agreement and ail costs of abatement shali be assessed to the property owner d all costs of abatement shall be asses e to the prope owner, Respondent or Representative (sign) . ne Flagg, Director 6Y\ \3.... k l.1 0-:{ . Code Enforcement Dep -{L~+,- lJJh~~~M~~ REV 4/24/09 ~ 1..t.a Y1 e W hec.1 ec Respondent or Repres!'lntativ~ (print) ~eeJc vJl\ee.le!Z- 2-.2.( -/0 Date 2/2/1/0 Date REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Clyde & Susan Bryan, Respondent DEPTNo. CESD20080014486 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD200B0014486 vs. CLYDE & SUSAN BRYAN, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required22-26(b)(106.1.2) LOCATION OF VIOLATION: 54 MOORHEAD MNR Naples, FL SERVED: CLYDE & SUSAN BRYAN, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT B: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 andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON 'MTH A DISABILITY 'v\'HO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)n4-8llOO: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta .udiencil sera oollducida en el idioma Ingles_ Servicios the traduccion no ser8l1 disponibles en la audiencia y usled sera rcsponsable de proveer IU propio lraductor, para un mejor enlendimienlO con las oomunicaciOllCS de OSle evenlO. Par favor traiga IU propio traductor. .1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CESD20080014486 Board of County Commissioners vs. Clyde & Susan Bryan, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Buildings and Building Regulations Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, sections 22-26(b)(104.1.3.5) and 22-26(b)(1 06. 1.2) and Collier County Ordinance 04-41, the Land Development Code, as amended, section 1 0.02.06(B)(1 )(a) Location: 54 Morehead Manor Naples, FL Folio # 60583200008 Description: Unpermitted enclosure of carport to include decking and screening Past Order(s): On November 19, 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 4516 PG 1, for more information. The Respondent has not complied with the CEB Orders as of February 25, 2010. The Fines and Costs to date are described as the followinl!:: Order Item # 1 & 2 Fines at a rate of $200.00 per day for the period between January 19,2010- February 25,2010 (38 days) for the total of $7.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $80.29 have not been paid. Total Amount to date: $7.680.29 C) INSTR 4370126 OR 4516 PG 1 RECOROEO 12/7/2009 10:19 AM PAGES 5 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC $44.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD200800014486 vs. CLYDE AND SUSAN BRYAN, Respondents I 9, and the Board, having heard tiers, thereupon issues its I. That Clyde and Susan B spondents and that the ntered into a Stipulatio~. Unpermitted enclosure of carport to include decking and screening. ORDER OF THE BOARD Based upon the foregoing Findings ofFaet and Conclusions of Law ,to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Buildings aud Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, sections 22-26(b) (104.1.3.5) and 22-26(bXI06.1.2) and Collier County Ordinance 04-41, the Land Development Code, as amended, section 1O.02.06(B)(1)(a) be corrected in the following manner: I. By applying for and obtaining a Collier County Building permit and bring;ng property into compliance or a Demolition Permit and removing all unpennitted improvements and materials, and requesting all required inspections through certificate of completion (CO) within 60 days (January 18, 2009). 3 OR 4516 PG 2 2. That if the Respondents do not comply with paragraph I of the Order of the Board by January 18, 2009, then there will be a fine of$200 per day for each day until the violation is abated. 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confirm the abatement. 4. That 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 and all costs of abatement shall be assessed to the property owner. 5, That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $80.29 within 30 days, Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. S\ DONE AND ORDERED this 1 d Florida. ----:.y\' OV CODE C; COLLIE ,,'. , STATE OF FLORIDA ) )8S: COUNTY OF COLLIER) '- ounty, Florida, who is ver's License as identification. t1:1"~ KRISTINE HOLTON ijI" . ~ MYCOMMISSlONiD06a6595 , '" EXPIRES:J\lne18,2011 . ,$ "'~ BOlldIcIllnNolalyNiclJnclerMltrs NOTARY PUBLIC My cormnission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Clyde and Susan Bryan, 54 Moorehead Manor, Naples, FL 34112 this \ {,'day of No ' embe., 2009. :!:>~eubeY wson, ESq. Flori Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 4 OR 4516 PG 3 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080014486 Clyde and Susan Bryant Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, 5USAn 2:eta/l. -f, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014486 dated the 14th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ~fV'lb:>e r ,?,Cl'''!' to promote efficiency in the administration of the code enforcement process; and to obtain a quick . .. us resolution of the matters outlined therein the parties hereto agree as follows:\..-\"BR COU).; ~. : V l' 1) The violations noted in the refer ~ otice of Violation rate and I stipulate to their existence. . Unpermitted enclosure to car. ort deckin and cre ning located at 54 Morehead Manor Naples, FL 34112 1) Pay operational costs in th 30 days of this hearing. THEREFORE, it is agreed betwee 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Ccillier County Sheriff's Office to enforce the provisions of this agreement and all costs of abateme~t shall be assessed to the propert~ ~ '. f)-/Vi'} R_ 13"" .tLy '-...c::::ta.-:-~~-r;:.\'l0.~ 1--. . Respondent or Representafi e (sign) Diane Flagg, Director \) - - Code Enforcement Department --- I 5" t/I- C;;' 7} '" ~ ,'-'-::1' Ry i-9 N Respondent or Representative (print) 1/-/7-09 Date \v\1.-<OCc REV 4124/09 6 ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CESD20080014486 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner Ys. Clyde and Susan Bryant, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Thomas Keegan, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 19, 2009 the Code Enforcement Board held a hearing and issued an Order in the above- styled matter and stated that Defendant(s) was to obtaj'}~1l valid permits as stated in the Order recorded in the public records of Collier County, Florida in OR Book'1~ PG~. 2. That the respondent/did not contact the investigator. 3. That a re-inspection was performed on January 26, 2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Obtain all valid permits, inspections and certificate of completion to bring property into compliance within sixty days or obtain a demolition permit to remove all unpermitted improvements and materials, request all inspections through to certificate of completion within sixty days. FURTHER AFFIANT SA YETH NOT. Dated January 26,2010. COLLIER COUNTY, FLORIDA CODE ENFORCEME T BOARD STATE OF FLORIDA COUNTY OF COLLIER Code Enforcement Official SW~ to (or affirme~) and ~bscribed before me tbis 26 day of January 2010 by. hdu", ~ 72?J-~ (Signature of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) NOTARy PllBuc ""'" -STATE OF FLORIDA f:~\ Indira Rajah \~/Co~m]SSlOO #DD727241 "".n"" EXPlTes: DEC 07 2011 BONDED THRU . , ATI..ANnc BONDING CO "INe. Personally known Y REV 1/12/10 w TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Southern Development Co. Inc., Respondent Mario Curiale, Registered Agent DEPT No. CEVR200800I4785 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Sununary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20080014785 vs. SOUTHERN DEVELOPMENT CO. INC., Respondent(s) MARIO CURIALE, Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 13245 Tamiami TRL E Naples, FL SERVED: SOUTHERN DEVELOPMENT CO. INC., Respondent Mario Curiale, Registered Agent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON WITH A DISABiliTY INHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, yOU ARE ENTITLED, AT NOeQST 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: Est. audiencia sera ronducida en eI idioma Ingles. SeNicios the traduccion no scran dispollibles en I. audiencia y usled sera responsable de proveer su pmpio traduclOr, par. un mejor entendimiento con las .1- COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEVR20080014785 Board of County Commissioners vs. Southern Development Co. Inc., Respondent(s) Violation(s): Collier County Land Development Code, as amended, section 4.06.05(J)(2) Location: 13245 Tamiami Trail E. Naples, FL Folio # 00726000009 Description: Property has fallen below required landscape standards set by approved SDPA 2007-AR-11210 Past Order(s): On May 28, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4460 PG 2932, for more information. An Extension of Time was granted on September 24, 2009. See the attached Order of the Board, OR 4499 PG 2114, for more information. The Respondent has not complied with the CEB Orders as of February 25, 2010. The Fines and Costs to date are described as the followine:: Order Item # 2 Fines at a rate of$200.00 per day for the period between January 25, 2010- February 25, 2010 (32 days) for the total of $6.400.00. Fines continue to accrue. Order Item # 3 Fines at a rate of $200.00 per day for the period between January 25, 20 I 0- February 25, 2010 (32 days) for the total of $6.400.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.29 have been paid. Total Amount to date: $12,800.00 Q INSTR 4350750 OR 4499 PG Li.l4 KI:.LUKUI:.U iV/iL/LVV'3 L.~. rl" ,,................. OWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC S18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA . BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CEVR20080014785 vs. SOUTIffiRN 'DEVELOPMEN'lCOMPANY, Respondent. ty Code Enforcement Board at tio for Extension of Time, and I-< remises, and pursuant to the nty Ordinance No. 200744, it The Respondent is 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 IJ! day of October, 2009 at Collier County, Florida. :Stal8 OlfIDRlfJA .COUmyofCOW~ I HERESY.C~F.i>WTthIs ts 8 tiUtllll .>>rrect cdP1;Qt"- j:jilcif.'~jlt.on fIIo In Board Ml$1.it~ii'dRiCl1I$'of Col\lerCO_ ~~~2A~~I.sealthls .'d~':.._ . --'..I~',.r:::. _" .':0 ..:;..' -:..-".....~~<;f-: :-... :.-: ~ ,~'.~ROCi.... ..OFCOUm'$ ....t1?,.....:. . , l.. , u' , .' . .. o..c=. -.. : CODE ENFORCEMENT BOARD . COLLIER COUNTY, FLORIDA BY' ~2 ~ . K y, ice-Chai; 2800 North Horseshoe Drive Naples, Florida 34104 ~ 3 *** OR 4499 PG Lll) Wftft ST ATE OF FLORIDA ) ) COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this M day of October, 2009 by Kenneth Kelly, Vice-Chair of the Code..Enforcement Board of ColIier County, Florida, who is personally known to me or ~ who has produced a Florida Driver's License as identification. "~'" ~ WANOAROORIGUEZ i', !:! ComnissIon 00631743 ~ . '. ElcpIresJanuary21,2011 ,,' IIcn:I.d1JwT""Ftilbama~7lIIa 1J(j?(j~rtlMf~ NOTARY PUBLIC My commission expires: I HEREBY CERTIF th Mail to: Southern Develop ent Drive, Marco Island, FL 34 45 y~RCOtJ CATE OF F-< S o ~"'- {O N-CICKO, ESQUIRE a ar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY Hannon Turner Building 330 I East Tarniarni Trail Naples, Florida 34112 (239) 252-8400 4 ,. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO.: CEVR2008oo14785 =-_n_ ==~::. __I:"""DI' .. --.. o .. ...... .. .. ... __n E~~ l!l n _ C> '" .. .. - ... vs. SOUTIlERN DEVELOPMENT CO., INC., Respondent. 1 TIllS CAUSE having come before the Collier County Code Enforcement Board at public hearing on May 28, 2009, and the Board, having heard t . , received evidence, and heard respective to all appropriate matters, thereupon issues' ~. ldi sions of Law, and Order of the Board, as follows: cP 1'.;:;. I. That Southern Developm n of the Respondent and that the co I: ...n _co :;:1:: -.. ~... = _ M=ao -.. '-"> ... ~ c:::> .....~~ :;; 0' c:=> ..... r-..,) ~... .- is E c::> :ill j;: :xl - pClI .. ill': ... 0.- ~E~ ..... c::r. ~ ...... c:::> nn ~~..-.::t ~~Q - --... .. .. =2 r-....> !:~ :' r-....> ... ~ FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD E-< S s, FL, Folio #00726000009, more Section 4.06.05 (J)(2) of Ordinance following particulars: I: n ... .. .. 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: ~ ~ co co That the violation in Section 4.06.05 (J)(2) of Ordinance 04-41, as amended, the Collier County Land Development Code be corrected in the following manner: I. Respondent shall pay operational costs in the amount of $87.29 incurred in the prosecution of this case within 30 days of this hearing. 2. Respondent shall bring property to standards set by Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from the date of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. 3. Existing/future landscape to be installed will be maintained within 90 days of this hearing or a fine of $200.00 per day will be imposed for each day the violation remains. d-6 .. 4. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. 5. If Respondent fails to abate the violation, the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order with all costs of abatement to be assessed to the property owner. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this U day of June, 2009, at Collier County, Florida. The foregoing instrum t w Lefebvre, Chair of the Code Enti rc to me or _ who has produce CODE ENFORCEMENT BOARD COlLIERCOumY.~ BY:~~ Geral Lefebvr ir 2800 North Horseshoe Drive 5 'da 34104 !v1';;- C) :::a STATEOFFLORIDA ) ) COUNTY OF COLLIER) day of June, 2009, by Gerald ho is V personally known 1 I ~'J;d.1h .,.C v --....J -- -- C7"l c::> ...." G':l expIres: ....... '-0 ~ ~ I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Southern Development Co., Inc., clo Mario Curiale, Registered Agent, 845 Bald Eagle Drive, Marco Island, FL 34145-2542 this f...{ILday of June, 2009. HilJ" 0: hUrtlu^ ;CURty of COLUER , HEREBY CERTIFY llfAT thlS II true :lrreCt CODY or a l]~ntilnton fl: I - joard Minutes al!jd'liill' _" . n ~T.~ESS "'" ~"'t:~="'t.'''D.~ ~aa101~''I..~ /1IlIa -~~R: cto IDI ASHTON-CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATIORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 252-8400 ..........-- 'W . . . EXHIBIT "A" 1E<.AL DESCRIPTlQti .A PORTION or NORTH 1/.1 or seCTION oX TO/INSHIP 51 SOUTH, RANce 36 CASr. CtU/CR C()(JNTY, FlORIDA, At<<' AlORC PARTlClJl.ARl.1' DESCRttKO AS I'Ot.LOWS.. Less and except: CT10N LINC SOUtH 0'41'.1/. r. A DlSTANCC or 72.1..J5 or A COUNTY DRAINAGe TAMlAIM TRAIL); THCNCC NCC or /717.5/ FUT /I. RIGHT-or -WA Y L/NC , '44. CAST .A or UQ FUr.. THOICt: or BCClNNtNC. * * * <:::> :x:I nKJII THt: CAST I:JUAR TCR CORNCR I:l': 1lE'Sr. A DISTANCE or 6/2.57 FEE~ FaT CAST ro THe INlEflsecn CANAL 'MTH THE' NORTH RlQ/1' WITH 5AID TRAIt. R1GHT-or-W. Y L ro THC T1fIJC POIN r or 11. NORTH :"':10',," 1I€'Sr. A DISTANCE or ~oo.O FEET; SOUTH .J5"J1'44" IlE'Sr. A .- .- 0-. <= ..., ~ r...> '-0 C-"" .- * * .. '1 ~) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEVR20080014785 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. SOUTHERN DEVELOPMENT CO., INC, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE ST ATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: I. That on May 28, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to bring property to standards set by Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from of this hearing (August 26, 2009) or a fine of $200.00 per day will be imposed as long as the violation persists as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4460 PG 2932. On September 24, 2009 the Code Enforcement Board granted a 120 day extension from the day of that hearing to January 24, 2010 for compliance as stated in the Order recorded in the public records of Collier County, Florida OR Book 4499 PG 2114. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 1-25-2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Bring property to standards set by Collier County approved landscape plan as described in SDPA-2007-AR-11210 within 90 days from of this hearing (August 26, 2009) or a fine of$200.00 per day will be imposed as long as the violation persists. On September 24, 2009 the Code Enforcement Board granted a 120 day extension from the day of that hearing to January 24, 2010 for compliance FURTHER AFFIANT SA YETH NOT. Dated 1-26-2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD $, P. o'ul Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me this 26th day of January 20 I 0 by Susan O'Farrell. (Signature of Notary Public) (f; Nolal'f Public SlIIlIl of Florida Collee' 'Iavidoon My Commission 00558435 Expires 05/3012010 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ~ REV 1/12/10 ~ voo tki , . ,,- - - -„- , . ...:41,4X..;:1:10$13,7414*1101.1$44■:.. , o 1 11 i / 111 % ■ (...,./.,.....// \ io. •-.,,,... ... 1 " ■ N, \ \ l' iiit * ! _,:...., , ,...''. ' ,I ''',......,..! , • n■sr,. ... , , .,.it * V. vo. 4i 4 111*; ■ $4.... , .** % i , ,is ..1 A . . ,,;,, , 1 ‘,.. 4. . ' .1,,,,i;', . 4. „,1:`' • .4". I. '1'.. • . .,. '''''. •.',. ' ; IP. j 1 • . , . - , .. . . . . ... . , ,..,.. ...- .. - ‘L.3.,..., . . - , . - ...... - .. . . , . . ' •'a ...... ,.. , • ' , .4• , • —. ' • 1...•% ,-.. • ttt. . ,. ° • , •''„.,..... ,.. ... . • . 1 .,..' i . .. . .. 1 , ..... . ' ' • i• . ..•IP ' • • .. .. . • . . . .. . . . ^.. _ .., ..- .. . _ . ' ' ' -..-. . .' : ' . * ' 2 .- . • -..'''''''7$4.,"4.4*$:11,.;!,.'tZ".. ......i....•,,'•7 , ' , . 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Jen Waldron Enforcement Supervisor Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 P: 239-252-2444 F: 239-252-3917 From: PerezCristina Sent: Thursday, February 25, 2010 12:36 PM To: WaldronJennifer Subject: Southern Development Pics Cristina Perez Environmental and Estates District Supervisor Code Enforcement Department Office: (239)252-6865 Cell: (239)877-8127 Fax: (239)252-3904 Mission Statement " To protect the health,safety, and welfare of Collier County residents and visitors through education, cooperation, and compliance " Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity. 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Ahmet & Melissa F. Celik, Respondent DEPT No. 2007110592 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, pt~intiff, Case: 2007110592 vs. AHMET & MELISSA F CELlK, 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: 02/25/2010 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION AND PERSERVATION ST ANDARDSenv-VEG-3.9.5. LOCATION OF VIOLATION: 164517th ST SW Naples, FL SERVED: AHMET & MELISSA F CELlK" Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimiie IF YOU ARE A PERSON WITH A DISABILITY VoJHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TOYQU, 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 NOTIFlCAOON: Esta audiencia sera conducida en el idioma Ingles. Servicioslhe tradU<.:cion no seran disponibles en I. audiencia y lISted sera responSible de proveer su propio lraduclor, para un mejor enlendimienlo con IllS :1 COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. 2007110592 Board of County Commissioners vs. Ahmet & Melissa F. Celik, Respondent(s) Violation(s): Collier County Ordinance, 04-41, Land Development Code, as amended, Section 3.05.01 Location: 1645 17th St. S.W. Naples, FL Folio # 45970600003 Description: Property has been mechanically cleared in excess of 1 acre without required permits and a berm was created with the addition of fill. Past Order(s): On July 31, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4385 PG 0707, for more information. An Extension of Time was granted on January 22, 2009. See the attached Order of the Board, OR 4425 PG 0502, for more information. The Respondent has not complied with the CEB Orders as of February 25, 2010. The Fines and Costs to date are described as the followine: Order Item # 1 & 4 Fines at a rate of$50.00 per day for the period between January 23, 2010- February 25,2010 (34 days) for the total of $1.700.00. Fines continue to accrue. Order Item # 2& 5 Fines at a rate of$50.00 per day for the period between January 25, 2010- February 25,2010 (34 days) for the total of $1,700.00. Fines continue to accrue. Order Item # 1 Operational Costs of $87.11 have not been paid. Total Amount to date: $3.487.11 Q Retn: COIlllllORClllIn SPlCWIS'I' ImR ORICI\ JII VALDROI m-m4 4257932 OR: 4425 PG: 0502 RlCORDID in the OffICIAL RICORDI of COLLIIR CODIfY. fL 02/04/2009 It 02:56PI DIIGHT I. BRDCr. CLlll DC m 18,50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner. CEB NO. 2007110592 vs. AHMET AND MELISSA CELlK, Respondents / ORDER ON MOTION FOR EXTENSION OF TIME extension of time for one (I) year. ij'\"\. RC Any aggrieved party may appeal a final or . to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this J.~ay Of~ .,2009 at Collier County, Florida. CODE NFORCEMENT BOA COL COUN LORlD . January 22, 2009, on the Respondents' lter, and being duly advised in the 162, Florida Statutes, and The Respondents are granted an ~181e 01 f i.OftlU^ ~Um:y of COLUER ..' -r.t I HER~C'tRTII:ittlATthis 'sa true_ orrecx.:tollY ot iI''Coc;~nt on fila 'n 10arcfMin.utes aM'.:E:ocOfDs of Col!ierCt_ ~ '''!l'''~SS: >)1.V'I1~. ~d ~.cla' seal thIa _ rEaaYQf -~ r- ",.t!.' . .-<1 1. W. 1Gn. .~R()('~ CLERK OF COUIO'l _____ ~'~ ~9M4" aA - ~.. (3' *** OR: 4425 PG: 0503 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 7 qV;;ay of ~ 2009, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, rida, who is _ personally known to me or ~ who has produced a Florida Driver's License as identification. tfi~ KRlSTlNE HOlTON ' W..: l~ MY COMUISSION t DO 1i86W5 I . , EXPIRES: June 18. 2011 . .... BornledThfllNclaryPubi;UncIIrwr.Im y commission expires: CERTIFICATE OF SERVICE Lj 4198663 OR: 4385 PG: 0707 RlCORDID in OPPICIAL RlCORDS of COLLIIR COUITY, PL 01/11/2001 at 01:53AX DIIGHT I. BROCr, CLIRI RlC III 18.50 Retn:IITIR OPPICI COOl mOlCIOIT m IALOlOI 252 2U1 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORJDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORJDA, Petitioner, CEB NO. 2007110592 vs. AHMET AND MELISSA CELIK, Respondents I FINDINGS OF FACT. CONCLUSIONS OF LAW AN RDER OF THE BOARD THIS CAUSE came on for public bearing b testimony under oath. received evidence Findings of Facl, Conclusions of Law n 1. Property has been mechanically cleared in excess of I acre without required pennils and a berm was crealed with Ihe addition of fill. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the aUlhority granted in Chapter 162, Florida Statules, and Collier County Ordinance No. 04-41, it is hereby ORDERED: ThaI the violations of Collier County Ordinance 04.41, the Land Developmenl Code, as amended, seclion 3.05.01 be correcled in the following manner: 1. By replanting 20 slash pines, 2" in diameter, 8-10 feet high within 180 days (January 27, 2009) 2. By moving all rocks around trees back three feet within 180 days (January 27, 2009) 3. The benn has been removed. 4. ThaI iflhe Respondents do not comply with paragraph I of the Order oflhe Board by January 27, 2009, then there will be a fine of $50 per day for each day until such lime as the Irees are planted. .5 *** OR: 4385 PG: 0708 *** 5. That if the Respondents do not comply with paragraph 2 of the Order of the Board by January 27, 2009, there will be a line of $50 per day for each day the violation exists. 6. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in theamountof$87.llwithin 30 days. Any aggrieved party may appeal a linal 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 lP '\A- day 00 .. 'iI ' 2008 at Collier County, Florida. STATE OF FLORJDA ) )SS: COUNTY OF COLLIER) nbring, Vice-Chair orseshoe Drive 4104 The foregoing instrument as 2008, by Richard Kraenbring, Vie -Ch r _ personally known to me 0 iGlISTlME HOl'TOll m t,l'{C()MMlSSICl'llOO6l!({,,95 . . ~''?o EXPIRES' June '8, 2011 . . ....~.,-.p;,;tiCur,IIIM':l.., ii\ -".- litata 01 fLORIUA ~ofCOW!l , HEREBY CERTIFY THAT~.triil. ':Orrect COllY of a documentfl{:fi1e ~ .. ,. ... ?;, Board Minutes and Reco~ ocmer ~;. NB~~SIllY~~lthfs.; '.~; ~ay of .. .' " ., ~.:. . ,::" '.. 0WlrsR~{ BROC.K, C'lf~~~~{.. .: ~WM:Lr~A I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ahmet and Melissa Celik, 1645 17'" Street S.W., Naples, FI this 19 <-\.- day of ~ ,2008. /2.J~a~sq. ~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 / - ([) ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.20071I0592 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. AHMET AND MELISSA CELIK, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on July 31, 2008, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4385 PG 0707. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 1-25-2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: Replant 20 slash pines, 2' in diameter, 8-10 feet high within 180 days (January 27,2009) and remove all rocks around trees back three feet within 180 days (January 27, 2009) or a fine of$50.00 per day will be assessed until such time as the trees are planted. Pay operational costs in the amount of $87.11 within 30 days. On January 22, 2009 the Code Enforcement Board approved an extension of time of one year (January 22, 2010) as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4425 PG 0502. FURTHER AFFIANT SA YETH NOT. Dated 1-26-2010. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD ~P.O'h-ll Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER fore e this 26th day of January 2010 by Susan O'Farrell. (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC - STATE OF FLORIDA .--"''''''''< Delicia Pulse ~ . } Co~ssion # DD629723 .... .,.' Expires: JAN. 16, 2011 BON'D'iDTlflW ATLAt'iTlC BONDINGCO'1 INC. Personally known -I REV 1/12/10 :r TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Dale & Ken Ann Ochs , Ridhard & Jeaneen Norton, Respondent DEPT No. CEVR20090000974 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20090000974 vs. DALE & KERI ANN OCHS, RIDHARD & JEANEEN NORTON, 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: 02/25/2010 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Vegetation Removal (Landfill Permit)3.05.01(B) LOCATION OF VIOLATION: Big Cypress National Park Folio # 01138800003 SERVED: DALE & KERI ANN OCHS, RIDHARD & JEANEEN NORTON, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor 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. Colleen Davidson COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Fiorida 34104 (239) 252-5892 Telephone (239) 252-6548 Facsimile IF YOU ARE A PERSON VVlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE iN THIS PROCEEDING, YOU ARE ENTlTLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONi ACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL NAPLES FLORIDA 34112 (239)n4-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' NOTIFICACION: Esta audilll\cia sera conducida en eI idioma lnglcs_ Servicios!he traduction no ~eran disponibles en 1. audiellCia Y uSI&! sera responsible de proveer sa propio Iraduelor, para un mejor entendimiento con las comlDlicacionesdeesteeVer1IO.porfavortraigasupropiotraductor. 2.. COLLIER COUNTY CODE ENFORCEMENT BOARD IMPOSITION OF FINESILIEN HEARING CEB CASE NO. CEVR20090000974 Board of County Commissioners vs. Dale & Keri Ann Ochs & Ridhard & Jeaneen Norton, Respondent(s) Violation(s): Collier County Ordinance, 04-41, the Land Development Code, as amended, Section 3.05.01 B, Vegetation Removal, Protection and Preservation Location: Big Cypress National Park Folio # 01138800003 Description: Clearing of native vegetation without a permit. Past Order(s): On November 19, 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 4516 PG 8, for more information. The Respondent has not complied with the CEB Orders as of February 25, 2010. The Fines and Costs to date are described as the followine:: Order Item # 1 & 3 Fines at a rate of$IOO.OO per day for the period between January 19,2010- February 25, 2010 (34 days) for the total of $3,800.00. Fines continue to accrue. Order Item # 1 Operational Costs of $79.72 have not been paid. Total Amount to date: $3,879.72 6) 1NSTR 4370128 OR 4516 PG 8 RECOROED 12/7/2009 10:19 AM PAGES 2 DWIGHT E. BROCK, COLLIER COUNTY CLERK OF THE CIRCUIT COURT REC S18.50 1NOX $1.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA, Petitioner, CEB NO. CEVR20090000974 vs. DALE AND KERI ANN OCHS and RICHARD AND JEANEEN NORTON, Respondents I 9, and the Board, having heard tters, thereupon issues its I. That Dale and Keri Ann ners of the subject property. '< rso s ~ spondents and that the & 3. That the Respondents were notl date of hear in Nit; ed mail and by posting. /' ~ C 4. That the real property located at Big C #;.t(;;;,11 , Folio 01138800003, more particularly described as the West y, oftbe North y, of the Northeast Yo of the Southwest Yo oftbe Southwest Yo, Section 5, Township 62 South, Range 30 East of Collier County, Florida the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01 B, Vegetation Removal, Protection and Preservation in the following particulars: Clearing of native vegetation without a pennit. ORDER OF 111E BOARD Based upon the foregoing Findings ofFnet and Conclusions of Law, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01 B, Vegetation Removal, Protection and Preservation be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria pursuant to 04-41, as amended, Section 10.02.06(E)(3) and by obtaining approval of the required plan. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section 10.02.02(A)(3) within 60 days (January 18, 2010 ). 2. By implementing the mitigation plan within 90 days of approval of the plan by County staff. 3 *** OR 4516 PG 9 *** 3. That if the Respondents do not comply with paragraph I of the Order of the Board by JanullI)' 18, 2010 , then there will be a fine of $1 00 per day for each day until the violation is abated. 4. That ifthe Respondents do not comply with pamgraph 2 of the Order of the Board within 90 days of approval of the plan by County stafT, then there will be a fine of$500 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform a final inspection to confinn the abatement. 6. That if the Respondents fail to abate the violation,lhe 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 ofabatemen1 shall be assessed to the property owner. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$79.72 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution ofthe Order appealed. An appeal e' de novo, but shall be limited to appellate review of the record created within. Filing ~.r ard's Order. DONE AND ORDERED thi day of t)~ t:-- ,200 ier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~""".... KRl5l1NE HOLTON I<~'" n"", MY CQMMISSION' 00 686595 ~ :-j EXPIRES: June ta, 2011 .... ..".. Ilclnd8dThrUNcalYPubTcUndllrtllllelt ,,.. KUJ.G1Z.l> 1-\i) ./...hl\---.. NOTARY PUBLIC My commission expires: CERllFlCA TE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Dale and Keri Ann Ochs and Richard and Jeanecn Norton, 4050 S.W. 102'" Avenue, Davie, FL, 33328 and to 10464 S.W, 17~ Manor, Davie, FL 33328 this I ~day of Nu,em'''I, 2009. ~'-~ ~ :11811I Gl hnftl~ /r) ~ :loumr of COWER /' / M. Jean Ra n, Esq. I HEREBY CERT!""........th....Is.. __...... Florida BarNo. 750311 . rr I !!'.t~._'" 8 u.... - Attorney for the Code Enforcement Board ~orr~~ ~py~t ~..Cl~CUli'e~;on.!I1e'ln 400 Fifth Avenue S., Ste, 300 Board Ml~~~..a~~cora'(&f,,CQ!tler Count, Naples, Florida 341 02 N~)J!I.\('llP'l\cr~~j:.tar~a~.,tl1'a (239) 263-8206 ,:aay:<ol~~~<J7:.. ~,~;;. ';,,::.~,,:~--~~;~::;,~:::f-'~:~~ .~,....?-;,;.: ~~:::~: -.:' ~IGHTES~ROe~I'CL~~.~~~:~q_1J.1m ~. . - ";:~' '" ,.-- y ~~) COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO.CEVR20090000974 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Dale and Keri Ann Ochs and Ridhard and Jeaneen Norton, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Susan O'Farrell, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on November 19, 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 4516 PG .Ii. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on 1-22-2010. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: The Respondent must prepare a mitigation plan which meets the criteria pursuant to 04-41, as amended, Section 1 0.02.06(E)(3) and obtain approval of the required plan and the mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in 04-41, as amended, Section 1O.02.02(A)(3) within 60 days of this hearing (January 18,2010) or a daily fine of$IOO.OO shall be assessed until the mitigation plan is submitted. FURTHER AFFIANT SA YETH NOT. Dated: 02-02-20 I O. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD :? ~ o' c..... tl Susan O'Farrell Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me this 2nd day of February 2010 by Susan O'Farrell. (PrintJType/Stamp Commissioned Name of Notary Public) 11' v... ,i Nellry Public SlIte of Florida Colleen Davidson My Commission 00558435 Expires 0513012010 Personally known ,; REV 1/12/10 .5