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CEB Backup 01/22/2009
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: January 22nd, 2009, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI 34112. NOTICE: THE RESPONDENT MAYBE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSmLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES - November 20th, 2008 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS Motion for Extension of Time 1. BCC vs. Caribe Investments of Naples, Inc. 2. BCC vs. Bart & Sandi Chernoff 3. BCC vs Ahmet Melissa Celik CEB NO. 2007090454 CEB NO. 2006030500 CEB NO. 2007110592 B. STIPULA TIONS C. HEARINGS 1. BCC vs. Milano Recreation Association, Inc. 2. BCC vs. Brian and Dara Gorman 3. BCC vs. Katia Sanchez 4. BCC vs. James Patrick & Laura S. Guerrero 5. BCC vs. Ibran Turcios 6. BCC vs. Kenneth J. Blocker Sr. & Kenneth J. Blocker Jr. CEB NO. CESD20080010230 CEB NO. CESD20080008567 CEB NO. CESD20080007967 CEB NO. CESD20080008804 CEB NO. CESD20080011952 CEB NO. CESD20070000587 5. OLD BUSINESS A. Motion for Imposition of FineslLiens 1. BCC vs. Juan Hernandez & Adrianna Garcia 2. BCC vs. Jean Claude Martel 3. BCC vs. Vanderbilt Devco, LLC. 4. BCC vs. Tereso Bautista & Emiliana Vasquez 5. BCC vs. William & Laura Mara 6. BCC vs. J. Peaceful, L.C. CEB NO. 2006081209 CEB NO. 2007080353 CEB NO. 2006070496 CEB NO. 2006100651 CEB NO. CESD20080004753 CEB NO. 2007060387 B. Motion for Reduction/Abatement of FineslLiens 1. BCC vs. Jamie Lam, Don Lee CEB NO. 2006031099 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of FineslLiens B. Request to Forward Cases to County Attorney's Office 1. BCC vs. Jeffrey Macasevich 2. BCC vs. 6240 Collier Group, Inc. CEB NO. 2006100314 CEB NO. 2007080153 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - February 26th, 2009 11. ADJOURN Memorandum To: Marjorie Student-Stirling, Assistant County Attorney From: Code Enforcement Department Date: January 22nd, 2009 Subject: Foreclosure - Collection Authorization The following cases have been heard by the Code Enforcement Board and found in violation. These cases have also had fines imposed for failure to comply with the Board's order and/or for operational costs. The fmes have not yet been paid and it has been three months or more since the fines have been imposed. The Code Enforcement Board has released jurisdiction over these cases and has approved them to be forwarded to the County Attorney's Office (CAO) for Foreclosure or Collection by a Collection Agency. lOF HEARING DATE TOTAL FINE OP. COST County Abat~!1'1eTit Cost STATUS N=Non/C=, TOTAL $ " HOMES- Co!1'1p DUE TEAD " LAST ; RECHECK 6240 Collier Grou ,Inc, 2007080153 5/22/2008 8/20/2008 9/25/2008 $1350.00 $537.93 $1887.93 N N Jeffre Macasevich 20061 00314 3/27/2008 7/26/2008 9/25/2008 $1800.00 $264,18 $2064.18 y N CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007030836 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CARIBE INVESTMENTS OF NAPLES, EFRAIN AND MARIE ARCE, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermitted removal and erection of seperation firewalls in order to expand the space of one unit and reduce the space of another unit. LOCATION OF VIOLATION: 12275 Collier BLVD Unit:1 Naples, FL SERVED: CARIBE INVESTMENTS OF NAPLES EFRAIN AND MARIE ARCE, Respondent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and_copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 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 COMMISSIONERSOFFICE NOTIFICACION.Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este events).Por favor traiga su propio traductor. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2007030836 Caribe Investments of Naples, C/O Efrain & Marie Arce Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, £ic-c ,,, Acre , on behalf of himself 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 2007030836 dated the 29th day of March, 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 June 26th, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their o existence. ° 2) The violations are that of section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(a), & 10.02.06(B)(1)(e)(i) of Collier County Ordinance 2004-41, and are described as the non-permitted removal & erection of separation firewalls expanding the space of one unit, & reducing the space of another.. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$363.84 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining a Collier County Building Permit, all required inspections, & Certificate of Occupancy within 30 days of this hearing, or a fine of $200.00 will be imposed for each day any violation remains, OR by obtaining a Collier County Demolition Permit, all required inspections, & Certificate of Completion, and restoring the structure to it's originally permitted condition within* days of this hearing, or a fine of$200.00 a day will be imposed for each day any violation remains. 3) Respondent must notify Code Enforcement that the violation has been abated and request the to come out o nd perform a site inspection. d Respondent der Michelle Arnold, Director Code Enforcement Department 4 /°(f' / c/0 6 Date Date REV 2/23/07 CARIBE INVESTMENTS NAPLES, INC. 12275 COLLIER BLVD. SUITE 14 NAPLES, FLORIDA 34116 TEL.239- 455-3781 November 24, 2008 Ms. Jen Waldron Code Enforcement Board Collier County, Florida Re: CEB NO. 2007030836 Dear Ms. Waldron: The required work at Bonita Bakery is being done, a four day job is taken for ever, as the contractor Jerry Germain of Germain Construction , State License #CGC033037 is not cooperating in resolving this problem on time. In the meantime we are requesting that your office inspect the work being done to see if is acceptable. We were hoping that the last extension that was granted was plenty of time, but if the work done so far is not acceptable as is, we are forced to go back to the Code Enforcement Board requesting another extension on the above case. We regret the inconvenience that this may caused your office but as I said before, at the moment it seems that we are being held hostage by the Contractor. We want to make sure that we comply with the required work and that is done as requested. We appreciate hearing from you as earliest as possible. If additional information is required, please do no hesitate contact this office... Sincerely. Caribe Investment of Naples. Inc. Efrain aree President CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006030500 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CHERNOFF BART & SANDI, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 t and public lhearing before the Code Enlforcement/ Ordinance No. 07-44, you are hereby ordered to appear Board on the following date, time, and place for the violation below: DATE: 01/22/2009 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:840 7th ST NW Naples, FL SERVED: CHERNOFF, BART & SANDI, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AR A BEGIN:3 AM FOR 9 00 A PRE-HEARING CONFERENCE. HEARINGS TAKE FURTHER NOTICE that the testimony given at the hearing. all documents, consist of the original and/or evidence to be relied upon for t Y and _copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests rd at least five (5) bus Hess daystprior to the datefset foe the ed by the Secretary to the Code Enforcement Boa hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON W TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE ROV SION OF C TIN SIINC PLEASE CONTCOOL IE CONTY FACILITIES MANAGEMENT DEPARTMENT LOCATED T1 EAST TAMIAMI TRAIL NAPLES FLORIDA 34112 OA S S L P DEVICES AC THE IU ARE IN THE COUNTY TME CATED AFlCE NOTIFTCACION:Esta audiencia sera conducida en el idioms Ingles Servicios the traduccion no seran disponibles en In audiencia y usted sera responsable de proveer su props traductor,pare tot mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fbt an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon Intel)*pou pale pou-ou. CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007110592 COLLIER COUNTY, FLORIDA, Plaintiff, vs. CELIK, AHMET& MELISSA F, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION AND PERSERVATION STANDARD LOCATION OF VIOLATION: 1645 17th ST SW Naples, FL • SERVED: CELIK, AHMET & MELISSA F, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO PP TO BEGIN 8:30 9:00 AM FOR A PRE-HEARING CONFERENCE. 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 t considered received by the Secretary to the Code Enforcement ement Board at least five (5) business days pr prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este event°.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. January 7, 2009 Jen Waldren Collier Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 RE: 1645 17th Street S.W. Naples, Florida 34117 Dear Ms. Waldren: We are writing this letter to request an extension of time in order to plant the 20 trees on the above referenced property. During these hard economic times, we have found ourselves in severe financial distress and currently are at risk of losing our home. We respectfully request an extension of one (1) year. Thanking you in advance for your compassion and consideration. Sincerely, Ahmet&Melissa Celik CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080007919 COLLIER COUNTY, FLORIDA, Plaintiff, vs. EMPIRE DEVELOPERS GROUP LLC, Respondent(s) GOODMAN BREEN & GIBBS R.A, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Dust Control22-26(104.5.5) LOCATION OF VIOLATION: Folio #00186000005 SERVED: EMPIRE DEVELOPERS GROUP LLC, Respondent GOODMAN BREEN & GIBBS R.A, Registered Agent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 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 COMMISSIONERSOFFICE NOTfFICACION:Este audiencia sera conducida en el idioms Ingles.Servicios the traduccion no reran disponibles en In audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento one Its comunicaeiones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun you fe tradiksyon.Si ou pa pale angle tenon we avek Yon intepret you pale pou-ou. ire 2ut°flers December 11,2008 To:Diane Flagg Director,Code Enforcement Collier County,Naples,Florida Reference:Empire Developers Group, LLC • CEB NO.CESD20080007919 • Dear Diane Flagg,. • It has been brought to our attention that Empire Developers Group,LLC needs to remit payment for an order imposing a fine for a code violation for the above referenced case. 1 had inquired earlierin-regards-to-this-matter-and had requested an exact amount to resolve this matter. In reviewing this case, I would like to make a request that the Code Enforcement Board could issue some forgiveness in the final amount due in this matter. ------ - I. Initially I wrote a letter to code enforcement that I was not aware that the work had to be completed on or about a certain date,but was under the impression that the work had to be started on or about that date. 2. Funding has been the most critical part of this project and Empire Developers Group has not once hidden from their obligations and has tried to diligently work with Collier County to reach resolution in this matter. 3. When we were finally in a position to pay the COA fees on this project it came to our attention that they had increased by an additional $58,168.53.This impact was not _.___.-.__foreseen and came as a complete shock. Empire Developers Group is not asking for complete forgiveness,because we have been found guilty 01 a.code violaziEUa— ua -forwarding-me theamo.unt_due, please take under- consideration the burden that we have already incurred with the 17 'L%o increase in the COA fee.- ---- - . I would like to thank you for time and consideration into this matter and will look forward to your response. Sincerely, • ne���•• V;�-p- resident�— "'moire Builders 9351 Corkscrew Road Estero. Florida 33928 WW`x'EMPIREBI'ILnERS.CO;.•1 PHONE (239) 5 66-3<2 0� Fx (..2 39) 56G-_X>>53 8 CGC 037380 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Milano Recreation Association, Inc., Respondent(s) Mark Adamczyk, Peck & Peck, (Registered Agent) DEPT No. CESD20080010230 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2-3 Notice of Violation 4-8 Copy of Applicable Ordinance 9-14 Deed 15 (Revised Packet January 9, 2009) CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080010230 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Milano Recreation, Respondent(s) Mark Adamczyk, Peck & Peck, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Encumbrances in public record which are inconsistent with PUD Ordinance (Ord. No. 03-54, the"Royal Palm Academy PUD") requirements. PUD right-of-way is encumbered by SFWMD Conservation Easement, plus open space tract designation, both of which are inconsistent with the PUD Master Plan and commitments agreed to on record during the rezoning of the property to"PUD".Also, the Milano Recreation Association has refused to follow the PUD commitment to allow a third party to build a right-of-way ("Marquis Boulevard")that would provide access to residents of Imperial Golf Estates over the portion of the Milano subdivision know as"Tract P-3B".) LOCATION OF VIOLATION: Milano Subdivision, Tract P-3B SERVED: Mark Adamczyk, Peck & Peck, Registered Agent for Respondent Nick Bobzien, Title DP for Milano Recreation Association, Inc. Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-2343 Facsimile PROVISION YOU ION A PERSON WITH A ASSISTANCE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPART MENT EOCATED AT 3011 EAST COST TO YOU,TO THE NAPLES FLORIDA PROVISION OF CERTAIN ASSISTANCE, I Case Number: CESD20080010230 Date: December 12,2008 investigator: Ed Morad Phone: 252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Milano Recreation Association, Inc. Registered Agent: Mark Adamczyk, c/o Peck & Peck 5801 Pelican Bay Blvd., Suite 103 Naples, Florida 34108 Location: Milano Subdivision,Tract P-3B &Tract R Unincorporated Collier County Zoning Dist: PUD (Royal Palm Academy PUD) Property Legal Description: Milano Subdivision,Tract P-3B and Tract R Folio: 60155010309 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: Ord. No. 03-54, The Royal Palm Academy PUD Ordinance, Sections 6.2 and PUD Master Plan Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: 1. Encumbrances in public record which are inconsistent with and in violation of PUD Ordinance (Ord. No. 03-54, the"Royal Palm Academy PUD") requirements; 2. Platted emergency access easement to County that cannot be exercised by the County due to"Open Space" designation, along with conservation easement, encumbering Tract P-3B, which is inconsistent with the PUD Master Plan and related commitments agreed to on record during the rezoning of the property to"PUD"; 3. PUD "right of way" is encumbered by SFWMD conservation easement, plus open space tract designation, both of which are inconsistent with the PUD Master Plan and related commitments agreed to on record during the rezoning process; 4. Refusal to honor PUD commitment to allow a third party to build a right-of-way ("Marquis Boulevard") that would provide access to residents of Imperial Golf Estates, and others, over the portions of the Milano subdivision known as "Tract P-3B" and `Tract R" and as depicted on the PUD Master Plan. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Remove any and all encumbrances on Tract P-3B of the Milano Subdivision (Plat Book 41, Pages 69-73) that are inconsistent with the PUD tract designation of"right of way", including partial vacation or subordination of SFWMD conservation easement and removal of the"Open Space"tract designation encumbering Tract P-3B; 2. Remove any and all encumbrances that prevent the County from exercising its emergency access rights over Tract P-3B and Tract R; 3. Provide written assurance of intention to honor the commitment to allow a third party to build a right-of-way("Marquis Boulevard") over Tract P-3B and Tract R. ON OR BEFORE: January 12, 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 __...-i Y .i 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 IIII Signature and : of Recipient l and . /1'\N.-1 NON Kc-z_j1C Printed Name of Recipient Date Case Number: CESD20080010230 Date: September 11„2008 Investigator: Ed Morad Phone:252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Milano Recreation Association, Inc. Registered.Agent: Mark Adarriczyk, Peck& Peck 5801 Pelican Bay Blvd. Suite 103 Naples, FL 34108 Location: Milano Subdivision, Tract P-3B Unincorporated Collier County Zoning Dist: PUD(Royal Palm Academy PUD) Property Legal Description: Milano Subdivision,Tract P-3B Folio: 50155010309 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: No. 03-54,The Royal Palm Academy PUD Ordinance, Sections 6.2 and the PUD Master Plan Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Encumbrances in public record which are inconsistent with PUB Ordinance (Ord. No. 03-54,the"Royal Palm Academy PUD") requirements. PUD right- of- way is encumbered by SFWMD Conservation Easement, plus open space tract designation, both of which are inconsistent with the PUD Master Plan and commitments agreed to on record during the rezoning of the property to "PUD".Also,the Milano Recreation Association has refused to follow the PUD commitment to allow a third party to build a right-of-way("Marquis Boulevard")that would provide access to residents of Imperial Golf Estates over the portion of the Milano subdivision know as"Tract P-3B". ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Remove any and all encumbrances on Tract P-3B of the Milano Subdivision (Plat Book 41, Pages 69-73) that are inconsistent with the PUD tract designation of"right-of-way," including, but not limited to, the SFWMD conservation}easement encumbering Tract P-3B, and any Milano subdivision plat dedications inconsistent with the PUD tract designation of"right of way". ON OR BEFORE: October 11, 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 2800 North Horseshoe Dr, Naples, FL 34104 Investiga or Signature Phone: 239 252-2440 FAX: 239 252-2343 Ed Morad Signature and T tie of Recipient C_c rd-- 0 r ��p� � �h y 4407\- 1 dp 5��� t`6 Y1 0\C 1)C o ` t�6 ils c r7'E'S L;YJ F'J A-� Ado?-M cZ-yf C Printed Name of Recipient Date 1 ■ ■ • - • $ r = E\ , T • � ] -- $ E0 , � o _ sg\ i / \ \ k§ � § ' @ - / �{ nr� 22 = \ {-m ; \m � �§• . Xog gSD < , •• • R9 � § : § 22 322 $' � § s a - \CO �7 °� CD 0)_ \ ='9r , < \ §Gr e3a0- ©( � r \ .q o0z2cP ; &§ a ° = \i $ CO --- .§ o _ , a + _ - m $; mQ ° \ \g = o Xrz 'A _' rƒ \ / \rn k � \}° ° = \ ? � .< St 0 } % E • ¥ f { ,E _ % 2 7 & £ « ) £ \ \ & L . % : : \ } _ \y . } 2 » \ ; § i } 2Es\ ƒ { \ .�, o _ M _ z r \ \ } § $ % � 33 E : •; «m§ & EE22 mE £4 \2` ° = i ,e \ Ii G0 : 26z \n k \ O\ ^ \ IIiibrnP � \ o = = . � # : . k � % B • ( ( \ } % ) � �� • \ / F OO 2. < f / �� CD ® } p/ ? \ / ( \ o • cs_ ` COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20080010230 Milano Recreation,Inc.,Respondent(s) Registered Agent Mark Adamczyk,Peck&Peck STATEMENT OF VIOLATION AND REQUEST FOR BEARING 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 No.03-54 The Royal Palm Academy PUD Ordinance, Sections 6.2 and the PUD Master Plan -- -- — — 2. Description of Violation:Encumbrances in public record which are inconsistent with PUD Ordinance(Ord.No. 03-54,the"Royal Palm Academy PUD")requirements.PUD right-of-way is encumbered by SFWMD Conservation Easement,plus open space tract designation,both of which are inconsistent with the PUD Master Plan and commitments agreed to on record during the rezoning of the property to"PUD".Also,the Milano Recreation Association has refused to follow the PUD commitment to allow a third party to build a right-of-way("Marquis Boulevard")that would provide access to residents of Imperial Golf Estates over the portionof the Milano subdivision know as"Tract P-3B". 3. Location/address where violation exists: Milano Subdivision, Tract P-3B. 4. Name and address of owner/person in charge of violation location: Milano Recreation Association, Inc. 5. Date violation first observed: September 11,2008 6. Date owner/person in charge given Notice of Violation: September 11,2008 7. Date on/by which violation to be corrected: October 11,2008 8. Date of re-inspection: October 13,2008 9. Results of Re-inspection: Violations remain. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 13 day of October, 2008 CAL Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to r affifjmed)and- ub ibed bemire this 13- day of October ,2008 by Ed Morad - Jv (S'. .atureeoof Notary Public) NOTARY PST JI(Print' ems damp Commissioned Delicia Pulse REV 3-3-05 r' -(.X 11 i c r 1JG.72 `Ii mi es: JJJ . l6,2011 Name of Notary Public) Personally known or produced identification Type of identification produced REV 3-3-G5 st, 346. ORDINANCE NO.03-5 4 ey air j AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 r^_IA v ev RELEVE0 .r THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH '_ to INCLUDES THE COMPREHENSIVE, ZONING REGULATIONS : -- a� 1' FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, :: , _ '`� ,o,' FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP ; _ - `c[Zcest Leg NUMBERED 8513N BY CHANGING THE ZONING : . _ CLASSIFICATION OF THE HEREIN DESCRIBED REAL H;,; ,_.� s� PROPERTY FROM "A" RURAL AGRICULTURAL AND "A-ST" , ' RURAL AGRICULTURAIJSPECIAL TREATMENT OVERLAY TO yri u, "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ROYAL PALM INTERNATIONAL ACADEMY PUD" LOCATED ON LIVINGSTON ROAD (CR# 881) IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 162.71 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ' WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates., representing Royal Palm International Academy, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County,Florida,that: SECTION ONE: The zoning classification of the herein described real property located in Section 13, Township 48 South, Range 25 Fast, Collier County, Florida, is changed from "A" Rural Agricultural and "A-ST" Rural Agricultural with Special Treatment Overlay to "PUD" Planned Unit Development in accordance with the Royal Palm International Academy PUD Document, attached hereto as - - - Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. • SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 23rd day of ap'acpb2i- ,2003 . BOARD OF COUNTY COMMISSIONERS COLLIER CO ,FLO/a1■A .• • r .L.At;p�;, /• A A . BY: t'-.si! ' - .ias' I TOM HENNING,CHA AN sties as..to [F roan•s kfirottr se to Fkm , • and Legal Sufficiency- - This 6rdinonce filed with the 'Secretory of S eOffS? .24-cioY of ^`_ - ,.. a acknowledgement_of that P f 1[lI[�I/I11 Marjorie .Student�� r Ellin Ived thisg day Assistant County Attorney of pT , ES pppury ewer P LFDZ-2002-A P,-2 944/FPJ6p ROYAL PALM ACADEMY PLANNED UNIT DEVELOPMENT 162±Acres Located in Section 13, Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Naples Education, Incorporated 6000 Livingston Road Naples, FL 34110 And Royal Palm Academy, Incorporated PREPARED BY: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 And D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via del Rey Bonita Springs, Fl 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC 9/23/03 ORDINANCE NUMBER 0 3-5 4 EXHIBIT"A" (1 SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this project. 6.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local Iaws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan • approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to inuhe rezoning of the property. In addition, any successor in title, or assignee, is subject to the commitments within this Document. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 9/19/03 VI-1 11 3 5RPA ZONN 112X1.6ss.E7Qi031T A.07 044 AM N iii 1;g iv .... h t;PPN+ ` -l7R MO. EI S z 2 a I'll' gi s ii PI ip � •j it ,,!. _ 4 • ii!li 14 . . • • • • 11B11 • 1 • •• r r • • )• i q NM PPM 211•11121 fil it a \i . •'..' 4 70mi 1.11■111 F. 1 1 111 tr..... i I 1 1 fiiXi iiiP • II——T = '''''' mtp if . ; ft 4 *IIllIIlli:Pj 'Lil gi ti r al .. -Cl.nt it 2 e.,'. 1F�f MiI '1 1:1' • {{ it 1 J • .1 I° 1 i1CF 5 /%'J JJ ii i 1 t J,J 0...+4—.D a■+6-4 i _T 4 J gi P e 1 t.... ..-4.- c-.4-0_ . ,//,/, '-,i,, , . g 1 iii-i ..r i tI/! h ' J i . 7 i JJ /, J . i!• —���..fw� ,r, -- - 1.,,...POMP;Idl ,0, nt_t ■ P m_i Z k. I i ; e E COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Brian&Dara Gorman, Respondent(s) DEPT No. CESD20080008567 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080008567 COLLIER COUNTY, FLORIDA, Plaintiff, • vs. GORMAN, BRIAN G & DARA L, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:227 DOLPHIN COVE CT Bonita Springs, FL SERVED: GORMAN, BRIAN G & DARA L, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted seen responsible de proveer su propio traductor,pars on mejor entendimiento con las comuniciciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri viol avek yon intepret pou pale you-ou. COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20080008567 Brian G&Dara 1. Gorman, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Collier County Land Development Code 2004-41, as amended Section(s): 10.02.06(B)(1)(a); 10.02.06(B)(1)(e);and 10.02.06(B)(1)(e)(i). — 2. Description of Violation: Constructed a dock with boat lift and electrical connections without proper Collier County Permits. 3. Location/address where violation exists: 227 Dolphin Cove Ct,Bonita Shores,FL 34134-7456, Folio#29910000605 4. Name and address of owner/person in charge of violation location: Brian G. & Dara L. Gorman; 227 Dolphin Cove Ct,Bonita Springs,FL 34134-7456 5. Date violation first observed: June 13,2008 6. Date owner/person in charge given Notice of Violation: June 23,2008 7. Date oni'by which violation to be corrected: July 23,2008 8. Date of re-inspection: October 16,2008 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 16th . day of October, 2008 Jo6.a an Masse Co e Enforcement Investigator • STATE OF FLORIDA COUNTY OF COLLIER ^ w ern to(or affitm d)and subscribed before this 16th day of October ,2008 by /1,,( ignature of Notary Public) (Print/Type/Stamp Commissioned / Name of Notary Public) Personally known AI or produced identification Type of identification produced t of Florida DD55A4?5 REV 3-3-05 • • Z Case Number: CESD20080008567 Date:June 23,2008 7 Investigator.Jonathan Musse Phone: 239-877-8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Brian G & Dara L Gorman • 227 DOLPHIN COVE CT BONITA SPRINGS, FL 34134-7456 Location: 227 DOLPHIN COVE CT Bonita Springs,.FL Unincorporated Collier County Sec:5 Twp:48 Range: 25 Zoning Dist RSF-3 Folio:29910000605 Property Legal Description: DOLPHIN COVE LOT 7 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44,you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits,site development plan approvals,agricultural clearing permits, and blasting permits. No building or structure shall be erected,moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building pehr:it. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : i. in the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status-Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A dock with boat lift and electrical connection built without first obtaining proper Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structurefimprovements:AND/ OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure../improvements: OR remove said structure/improvements, including materials from property and restore to a permitted-state AND/OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND/ OR Must demolish described improvements/structure and remove from property. ON OR BEFORE:July 23, 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 2800 North Horseshoe Dr, Naples, FL 34104 In esti for Signature Phone: 239 252-2440 FAX: 239 252-2343 Jon ' n Musse ature and Title o ecipient nn ed Name of Recipient June 23, 2008 Date • II s'r. ,;7,34664 1 Q ''` � ORDINANCE NO.04- 41 j 1 q t , '. t , . _ ®` x ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS '••F COLLIER COUNTY, FLORIDA, RECODIFYING IING C E CO THE _.-r:':- 4 ��COUNTY LAND DEVELOPMENT CODE, __2;;'. --� COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED -- AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING `=� PROVIDING FOR: . ORDINANCE NUMBER 91-102, AS AMENDED; + SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; a~'"� 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. 1.0200 AUTHORITY,HO •Q4.O , - . 1..03.00 RULES OF CONSTRUCTION, APPUCABILITY, SEC. 105.00 FINDINGS, PURPOSE AND - '_ - INTENT, SEC.1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00=E-, ^� LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;.^�= .Ti CHAPTER 2- ZONING DISTRICTS AND USES, INCLUDING SEC. -tc 2.01.00 GENERALLY, SEC.2.02.00 ESTABLISHMENT OF ZONING rri-: s DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 ac:? �? - PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN `, ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SE 206.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF StttiACKS 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 WELL-FIELD SAND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DE AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.0200 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFT` STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RttENT'ION, DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING . OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES •IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL- STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES — -AND -STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS DI FA SPECIFIC USES, SEC. 5.06.00 SIGNS, AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEG. 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 NT TANDAR SEC 6 6.06.00 TRANSPORTATION IMPROVEMENT STANDARDS, 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 G COMMISSION, SEC.8.04.00 BOARD OF ZONING APPEALS, 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, '�. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, • SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. ,'LL . COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES • DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. -vim f' ding or Land Alteration Permits. -,- compliance ; Building or land alteration permit and certificate of occupancy p process. „1 a. Zoning action on building or(and 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 e without �' Code, and no building or land alteration permit shall ---;-,1/4„..- _:. 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 i_`"'`'•' alter land and for which a building permit may not be required. Examples ; : include but are not limited to clearing and excavation permits, site �,a` development plan approvals, agricultural clearing permits, and blasting NI_ permits. No building or structure shall be erected, moved, added to, P altered, utilized or allowed to exist and/or no land alteration shall be rql 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 la o alteration permit application shall be approved by the County his designee for the erection, moving, addition to, or alteration of any building, structure, or Iand 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, adbe' accompanied by tall information required by the building official, 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 ii 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 iiManager or his designee determines may effect the density or other use be required.relationship of the property, a more recent survey ma II _,,,, ,-, Where ownership or property lines are in doubt, the County Manager or his designee may teqult`e the submission of a survey, certified by a land b. surveyor or engineer Iloensed in the State of Florida. Property stakes - shall be in place at the commencement of construction. ,` 3, 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 _ rt Tha y the County Manager or his designee authorize only the use, »�_. arrangement, and construction set forth in such approved plans and Zr applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be " - deemed a violation of this Land Development Code. �, i. Statements made by the applicant on the building or land 5 alteration permit application shall be deemed official statements. =�=--�.=-= Manager or his -z7-::- is Approval of the application by the County g -T- �- applicant from strict -'-4-.7'L4- designee shall, in no way, exempt the app T., ;.. �: -V observance of applicable provisions of this Land Development ? Code and ail other applicable regulations, ordinances, codes, and :; ,; laws. r,F>.. fir. . i7F-' ii. A building or land alteration permit issued in error shall not con er ;;; 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. n d. Adequate public facilities required. No building or land�ordaio epermit tor certificate of occupancy shall be issued except in Collier County Adequate Public and ides Ordinance,e, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) prohibited prior to issuance of building permit: e. Improvement of property p p 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 app s 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 have alth, safety and welfare where clearing, grading and filling plans submitted and approved meeting the warrants of section 4.06.04e e of this Code; removal of exotic vegetation shall be exempted up P of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). . --- - - -- - a- -- - —a- - -- it* 333 183 OR: 3563 . 0194 **' • ligtD1610 in QEFI 11tt kI 7R6i1 of 001.1./k MOTT, r Bra&k Curran Oit1112044 at Ci.:11I1 WM i. B:ner, MU Superior'h tle Services of SW FL,Inc. MU 7500-00.60 9240 Bonita Bead Ra*l.,suite 2215 'Itpt: fU i.#1 Bonita Springs.Fbrida 34135 Me-.7t SSSG 4A Rttnt File l�lruaber 04.901.39 611PMR ¶1713 SZR.@ICIS 211 BUM Ella It 12215 = BUM SHIMS FL 34.135 i . General Warranty Deed ** Made this April 30.Xt 4 A.D.By Philip G.Hargrove and Mireya H grove,whorg ad dress hit 227 Dolphin Cove C outt,Bertha Springs,Florida 34134,h rt�ay�ine rrafted the grantor,to an C,Gorman and Darn(.Gomm e post o ce add „227 15o.I.Phsn 00ve_021gt__Mg%ta in gr . .,hereinafter called the Caltene,to utd be eih the EmIl'gnpimd"sd'grr$te.i1141a4t a it*pifl;a ee[ibis intrunnnt had tit heirs,le sl rtpragagillins and assign at' intlividtialt,mid Bite 5 +semen and SSA afcacpocgie44) Witaessetb,that the grantor,for and in consideration of the SLIM of Ten Dollars,($10.00)end other Valrtable masiderations, rac:.i{rt whertor is hereby aCknowibtigcsi,hereby grants,bargains.sells,aliens,remises,reicases,conveys and confirms ttti o the game; all that attain land situate its Lat County,Florida,v^ir Lot 7,DOIKIN COVE,according to the plat thereof as recorded at Plat Book 19,Pages 55 and 56,of the Puttlic Records of Collier Couray,Florida. *a single man **a single woman Pared ID Number 2,St4 Together with all the tenement.. hereditament and mp urtenanees thereto belonging or in anywise appeilaining. To Have and to Hold, he same in fee side forever. And the motor hereby covenants with said grant=that the grantor is lawfully seized of said land in fee simple;that the gutter has good right and rte no(authority to sell and convey said la d that the grantor hereby fully warrants the title to said hand and will defend the same against the lawful elauns or all persons whotnsoerrer; and that said land is free of all=umbrae=except tames teeming subsequent in Ocoember 31.23303. In Witness Whereof; the said grantor has signed and scaled these prec;t�.the dry and year first above wrimn, Signa sealed and delivered in Garr presence: (T _ —�" (Seal)......- : a,,,, , ti ,)(1r� ti€ip G.i eve r tea tam ttrnakv -J y f') . + d ; =7 Dolphin Cave Court,Haunts Springs,Florida 3¢1.34 iff, . - �,, !, � � .� 11.. d I'vC� (Seal) t✓ � �: _ tYtirrya Har rary C. wrnBx :.ed Name MIRY k HL`O wren: State of Florida Co ratty of L http://www.collierappraiser.com/viewer/Image.asp?Percent=&ImageID=311858 8/22/2008 c.. COLLIER COUNTY CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner CEB CASE#: 2008-_ v. CESD200800008567 BRIAN G. AND DARA L. GORMAN Respondents. MOTION FOR CONTINUANCE OF HEARING Comes now the Respondents, BRIAN G. AND DARA L. GORMAN, (hereinafter, "Respondents"), by and through their undersigned counsel, who on their behalf files this Motion for Continuance of Hearing, and for such cause states the following: 1. A hearing is set for this matter on January 22, 2009„ (hereinafter, "Hearing") before the Collier County Code Enforcement Board, (hereinafter, "Board"), at which time the Board is to hear certain evidence presented by Collier County Code Enforcement upon which the Board will then be requested to render its Findings of Fact, Conclusions of Law and Order of the Board, (hereinafter, "Order"), as well as consider the position of Respondents with respect to such alleged violations. 2. Pursuant to Collier County's Consolidated Code Enforcement Ordinance, Ordinance No. 2007-44, and Board adopted Rules and Regulations, Article VIII, Section 2., Respondents are hereby requesting a continuance of the Hearing based upon the following facts and rationales in support thereof: a. A prior motion for continuance was requested and granted by the CEB resetting this hearing for January 22, 2009; b. The facts and cited code provisions that form the basis for the alleged violations, as previously noted, are more complex than a routine "permit non-compliance" violation case, and Respondent has endeavored, as stated in detail below, in good faith to resolve those facts during the time since the last date set for hearing. c. Specifically, Respondent's counsel has: i. conferred with County staff and with the County Attorney's office in an effort to establish ownership of the adjacent canal and bottom lands immediately north of the subject lot; ii. conducted a search of the title of those lands, and prepared a report of their ownership: iii. obtained, first an informal, and most recently, a written, official determination from the Department of Environmental Protection (DEP) as to their claim of any interest in those lands; and iv. spoken with County environmental staff about the location of a platted conservation easement to ensure it provides the desired protection of shoreline vegetation, existence of a prior DEP permit appearing to allow the subject dock, and about permitting the Respondents' boat lift under County regulations. d. Based on the facts above, Respondents have a firm opinion as to that canal and bottom land ownership, but must still address the exact, final location of the associated conservation easement relative to the Respondents' property line, which will establish the means to abate the alleged violation so as to come into code compliance, and in order to do so must coordinate that effort with additional county staff. e. Respondents have yet to receive the County's official documents in this case and once those responses to the Public Records Requests are received, adequate time will be required to review and process the documents necessary for the preparation of Page 2 of 4 a proper defense as well as the corresponding testimony and documentary evidence of any persons that may be required to be presented; and f. Lastly, experts may yet have to be retained in their respective areas of expertise to evaluate and respond to the facts and alleged violations, as well as to formulate, where appropriate, a means of lawful compliance. 3. In order to properly compile such reports or affidavits as may be prudent to prepare and present, and to also prepare such experts' potential testimony, the undersigned counsel will require more time than that provided by the continuance granted, and thus, in anticipation of the Board's January 22nd hearing, Respondents request additional time to do so. 4. The alleged violations, if not heard for an additional 30 days or more beyond that now noticed for hearing, will not result in any harm to the County or to the adjacent property owners or neighbors, as the factual circumstances now in existence have been as they are for at minimum since the Respondents acquired ownership of the subject property in May of 2004, and thus, there is no immediate or irreversible harm that could occur legally or practically to such neighbors or the public at large. Nor will the County's case be prejudiced in any manner by the requested continuance, as the alleged violations and supporting facts are already a matter of record, and the request is for a reasonable period of time. 5. Respondents' counsel has spoken with the County's prosecuting assistant county attorney and is authorized to advise the Board that there is no objection to this motion for a continuance by the County Attorney's Office. The Code Enforcement investigator similarly has advised that there is no objection to this request. Page 3 of 4 6. Based on the foregoing facts and rationales in support of this Motion, the Respondents contend that their request for a thirty (30) day continuance, or to the next regularly scheduled Board meeting thereafter, would afford them adequate time to make their best efforts to abate alleged violations, without requiring the time or resources of the Board or County unnecessarily. THEREFORE, based upon the above, it is respectfully requested that the Respondents' Motion for Continuation of Hearing be granted and the hearing of January 22, 2009, be continued for thirty (30) days, or thereafter to the next regularly scheduled Board meeting , so that Respondents are accorded procedural due process in the best interests of justice and able to work to abate the stated violations. Dated this 20th day of January, 2009. Respectfully submitted, PORTER WRIGHT MORRIS &ARTHUR, LLP Attorneys for Respondents 5801 Pelican Bay Blvd., Suite 300 Naples, FL 34108-2709 239-593-2900 (phone) 239-593-2990 (fax) By: Thd Patrick . White, Esq. Florida Bar No: 887651 NAPLESI561990 v.02 Page4of4 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080008567 Board of County Commissioners, Collier County, Florida Vs. Brian G. &Dara L. Gorman Violation Collier County Ordinance 2004-41 as amended of Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20080008567 DESCRIPTION OF VIOLATION: Contructed a dock with boat lift and electrical connections without first obtaining proper Collier County permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs within 30 days of this hearing in the amount of $ incurred in the prosecution of this case and abate all violations by: 1. Obtaining a Collier County building permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with days of this hearing or a fine of$ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit to remove any said illegal construction additions, remodeling to include inspections, and certificate of completion within days of this hearing or a fine of $ - per day will be imposed until violation is abated. 2. 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. 3. The respondent must notify the Code Enforcement Investigator within 24 hours of abatement in order to conduct a final inspection to confirm abatement. REV 2/23/06 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Katia Sanchez,Respondent(s) DEPT No. CESD20080007967 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-5 Copy of Applicable Ordinance 6-11 Deed 12 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080007967 COLLIER COUNTY, FLORIDA, Plaintiff, . vs. SANCHEZ, KATIA, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION:4430 6th AVE SE Naples, FL SERVED: SANCHEZ, KATIA, Respondent Cristina Perez, 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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive • Naples, Florida 34104 (239)252-2444 Telephone (239) 252-2343 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(233)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS OFFICE NOTi 1CACION:Este audiencia sera condunida en el idioms Ingles.Servicios the treduccion no deran disponibles en In audiencia y usted sea responsable de proveer sc propto traductor,porn un major emendimiente an is comunicaciones de este events.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. 4 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner DEPT CASE NO.CESD20080007967 vs. Katia Sanchez,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier 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(s)04-41 of the Collier County Land Development Code Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i)and Florida Building Code,2004 Edition, Chapter 1 Section 111.1 2. Description of Violation: A concrete block addition to the rear of the house with windows, doors, and electricity. Some original windows and doors were sealed with concrete block or removed. 3. Location/address where violation exists: 4430 6th Ave SE.Naples,FL 34117 Folio#:40804480006 4. Name and address of owner/person in charge of violation location: Katia Sanchez 4430 6t'Ave SE Naples,FL 34117 5. Date violation first observed: May 22,2008 • 6. Date owner/person in charge given Notice of Violation: July 14,2008 7. Date on/by which violation to be corrected: August 4,2008 8. Date of re-inspection: November 24,2008 9. Results of Re-inspection: Violation remains,no permit has been applied for and obtained 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 he. Dated this 24th day of November, 2008 0 i I`aidk Cristina Perez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before this24day of/1/2)(1,2008 by _%)-26,(,:i. C-¢) (Signature of Notary P,6lic) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBL IC-STATE OF FLORIDA Indira Rajah ,.z -:-Commission 6 i)D727241 T:,:•,fires: DEC.U'7,2011 .�V 3-3-05 BONDED THI<U i 1ZhNr1C BONDLNG CO.,INC. ---) 2800 Horseshoe Drive N. - Naples,"FL• Covert E:ouvtty 34104 239-252-2400 • Case Number:CESD20080007967 Date:July 02,2008 Investigator: Cristina Perez Phone:239-252-6865 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner SANCHEZ, KATIA 4430 6TH AVE SE NAPLES, FL 341179192 Location: 4430 6th AVE SE Naples,FL Unincorporated Collier County Zoning Dist ESTATES Property Legal Description: GOLDEN GATE EST UNIT 79 W 75FT OF E 180FT OF TR 52 Folio:40804480005 NOTICE you are notified that nsolidated Pursuant to Collier County Co Collier County o Ordi�nance(s) and or PUD Regullat 07-44,n(s) exists at the _____ a violation(s) of the following _ above-described location. --- Ofdirtiance/Code:=-Building and Land Alteration Code 04s. (Permits,amendedeSe ticn 10.02 06(B)(O(a)panty -.-- Required)--Collier-County Land Development Utility Connection. Florida Building Code,2004 Edition, Chapter 1 Service Utilities, Section 111.1 ---- - -Submittal Requirements for Permits. or Land Land Alteration Deveilopment Code 04-41 as amen rded Section prior to issuance of building permit. Collier '1' 10.02.06(B)(1)(e)(i) The County p Manager or required by the Collier County Buldingrcode or`this gCode are inac accord with the requirements of this Code,an no building in as req by ati approval that plans submitted conform to Code,and no building or land alteration permit shall be issued without written app applicable zoning regulations, and other land development regulations. For purposes ofnth s section required.laexamnles - permit shall mean any-written authorization to alter land and for which a building permit but are not limited to No building or excavation tru ture shall be erected,moved,added approvals, o,altered,agricultural tilized or allowed to existand/or/or no land exist and/or no land alteration shall be permitted ' Building the required e ermit s , inspections and certificate(s)ofaccupancy e required by the Collier County Code o thsCod No person shall make connections ni n a Pet��'is°required, untigreleased by the building official.or system that is regulated event he this code construction of any type, repairs or remodeling of any type that i. In the event the improvement of property, requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did DOORS. DOOR CONCRETE HOUSE FROM ADDITION WITH HOUSE-POSS POSSIBLY WINDOWS D WERE REMOVED. ADDED ELECT DOOR TO HOUS ELECTRICITY,WINDOW BY KITCHEN ITH CONCRETE IBLOCD'.ORIGINAL WINDOWS TO A BEDROOM AND BAHTROOM WERE SEALED ORDER TO CORRECT VIOLATION($): You are directed by this Notice to take the following corrective action(s): i for and obtain all 1. Must be in compliance with all collier County Codes and Ordinances and 3 pp inspection d o obtain all and permits required for described structureiimprovements. Must also request or including certificate of occupancy/completion. AND /OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. 3. Must request/cause required inspections to be performed and obtain a certificate of ,nanrvir[nmoletion AND/ OR Must demolish described improvements/structure and remove from Ni Ly- if demolition permit is obtained, must request required inspection and obtain a certificate of occupancy/completion and remove all related debris. ON OR BEFORE: 0310412008 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. ERVED BY: INQUIRIES AND COMMENTS SHOULD BE S DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Cristina Perez Signature and Title of Recipient Printed Name of Recipient - - Date I m v p-„-; m ca Q Q `o f } Z 2 8. ❑❑ 2 0 p U a Ko To 2 -� D 2 ID H . UI 2 C) `` o .i z ❑❑❑ 4 rn 4 _ ` v 1 - = r i b m�� o V) O if € C } cc a D , 2 .. U (`'m d i� tu❑ L 15'0 Fi S `� E • I m cc Q' a r-- _ m m y i i r` m a m I Q. > a i cp E Z Eti2.6 s O oEcDoE NI N. H m cs) 0 N to ciLm �o € t.. 0 CO Cl) y N o a y 0t Q) !CI a ii- r-2 c �O H .. I V .� 1 ) •.."3 ca E E c J W N - `- E Ec- m + z � 4. 0 ru ,a D m 0 0 0 p �i y ,� , _ U m— - m y.t -. co 0) yam' j...0 T 7 3 L m n o E w o p C') W U- <, y� - [t L a' O < V. Z V �° co e ® a r a e,t7,346a40 j a o ,. - � ORDINANCE NO.04-41 As 4-04 6.10 O fA ` EFFECT AYE . 11t x ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS $ F COWER COUNTY, FLORIDA, RECODIFYING THE COWER i' re���„4, COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA-OP-COWER 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. 1.04.0 , F APPUCABIUTY, SEC. 1.05.00 FINDINGS, PURPOSE ANDv .- � ,l INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC.1.07.00 J LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; fas- CHAPTER 2-ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY,SEC.2.02.00 ESTABUSHMENT OF ZONING• c � DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 r c, FD:PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN a a u, ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. °rr. "D 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. 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- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBUC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7- RESERVED; CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC.8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION,SEC.8.04.00 BOARD OF ZONING APPEALS,SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. • -. 1 t. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4. 10.02.06 A.2. a. Projects approved with an implementation timeline in excess of 18 months must be - completed as a phased development as identified below. Project Implementa- tion Tmeline #of Phases Phase 2lmelines 18 months 1 18 months 30 months 2 18 months—First Phase 30 months—Second Phase 42 months 3 18 months—First Phase 30 months Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. — --------- - - (Ord. No. 04-72, § 3.BB) 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 develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including _ any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. 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 LDC10:84 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 1 10.02.06 A.2. 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued, without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code'unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the, lot of the building or buildings to be erected,altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a • building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida,and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be .Sono. No. 2 LDC10:85 COLLIER COUNTY LAND DEVELOPMENT CODE 1 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit.issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. • i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable 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 certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.G. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be. granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Su c. No. 2 LDC10:86 G Florida Building Code 2004, Building rage i or i • Florida Building Code 2004, Building I '4.Y ill i - I UIL IN L.,_,%.1-.1t.r...i....,.11;44 - '14,0;00E- t, ,,-,-, 1l r — 101 w om- �, r��.J �. , t 1 t y�y ,f ; � I Ci is t i r., ....j' I Y1 NM? 4_v F t ...... ''.- 1 i 2004 Florida Building Code, Building First Printing Publication Date: October 2004 COPYRIGHT ©2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401 [Phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [Phone (708) 799-2300]. Trademarks: "International Code Council,"the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. , ._ _crr_ a_—.......,,.,t crnma ht,,,(t 1 n 10/17/2006 1 C Chapter 1, Section 111 SECTION 111 SERVICE UTILITIES Chapter 1, Section 111, (1) ¶i-d11.1 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. Chapter 1, Section 111, (2) U-1111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. - Chimer 1,Section 111., (3) x,111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. Chapter 1, Section 112 SECTION 112 Reserved Chapter 1, Section 113 SECTION 113 Reserved Chapter 1, Section 114 SECTION 114 STOP WORK ORDER Chapter 1, Section 114, (1) 9k114.1 Authority. Whenever the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. Chapter 1, Section 114, (2) X7,114.2 Issuance. / 1 4Aa 3)3bLLd UK: 311U rte: U341 AAA IICOIDID in OFFICIAL IICOQDS of COLLIII CODIFY, FL 01/05/2005 at 03:54P11 DIIGH? I. 1110CL, CLIII COLS 17(727.00 RIC FII 10.00 Corporate Warranty Deed DOC-.70 1222.60 Iota: HBI MI CO This Indenture, made,December 21,2004 A.D. 1101 ?III Si fig Between BLOOM Fl 12401 Holiday Builders,Inc.,whose post office address is:2293 W.Eau Gallic Blvd., Melbourne,FL 32935,a corporation existing under the laws of the State of Florida, Grantor and Katia Sanchez,a single person whose post office address is:4430 6th Ave SE,Naples,Florida 34117,Grantee, Witnesseth, that the said Grantor,for and in consideration of the sum of Ten and No/100 Dollars(S10.00 ),to it in hand paid by the said Grantee,the receipt whereof is hereby acknowledged,has granted,bargained and sold to the said Grantee forever,the following described land,situate,lying and being in the County of Collier, State of Florida,to wit The West 75 feet of the East 180 feet of Tract 52,Golden Gate Estates Unit No 79,according to the plat thereof as recorded in Plat Book 5,Page 17,Public Records of Collier County,Florida. Subject to taxes for the current year,covenants,restrictions and easements of record,if any. Parcel Identification Number:40804480006 And the said Grantor does hereby fully warrant ths.tide and,and will defend the same against the lawful claims of all persons whomsoever. Co r In Witness Whereof, the said Grantof�liAt 6d-this in emit e,executed in its name by its duly authorized officer and caused its corporate seal to be affixed the day anCy first above written. -r"`\ / In\c,�a Florida corporation Sione d.and Sealed in Our Presence: Ir�� ^1'C ) L I Julie Rigsby Wendy Hughei% )N Its Fat ict4 eFrdent \\(4- \`\0 (Corporate Seal) �knn�.Pnm\. r, Bahhir Cramrrl _HE c,iR State of Florida Count', of Brevard The foregoing instrument was acknowledged before me this 21st day of December,2004,by Julie Rigsby ,as Asst. Vice-President of Holiday Builders,Inc.a Florida corporation,on behalf of the corporation.She is personally known tome. 7 (Seal) Notary Publi Notary Printed Name: -•bbie Gamed My Commission E,. ., t bong G mEgt .�7 "F' 1Corr> - s of Flatdo Prepared by: °ci,tr,,y�r�` �.�11.200tt Tonic Lucius tiled tOD 334476 HBl Title Company, *aced 7I 1801 Penn StreeL Suite 1-A Melbourne.Florida 32901 File Number:04-7737 Jobe 10-003-529 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080007967 Katia Sanchez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, K C&*1 _&f\n C h e 7.- , 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 CESD20080007967 dated the 2nd day of July, 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 t 2 Z (JCt ; 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$ . 5"1 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within 1g days of this hearing or a fine of$200.00 per day will be improsed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement. h(AL (2-2r Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Katia Sanchez Violation of Section(s) 10.02.06 (B)(1)(a), and 10.02.06(B)(1)(e)(i) of Collier County Land Development Code, Ordinance 04-41, as amended and Florida Building, Code 2004 Edition, Chapter 1 Section 111.1 Cristina Perez, Code Enforcement Official Department Case No. CESD20080007967 DESCRIPTION OF VVIOLATION: A concrete block addition to the rear of the house with windows, doors, and electricity. Some original windows and doors were sealed with concrete block or removed, without first obtaining the required Collier County Building Permit. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within X amount of days of this hearing or a - fine of X amount per day will be imposed until the violation has been abated. 2. 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 the order. 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. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080007967 Katia Sanchez Respondent(s), STIPULATION/AGREEMENT V COMES NOW, the undersigned, 1�a4-■ Q �((An C b-e -- , 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 CESD20080007967 dated the 2nd day of July, 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 2 ._ ` Oct ; 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 $ R1 . J 1 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within 113°days of this hearing or a fine of$200.00 per day will be improsed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. 614 Al 6ri Respondent or Represen tive (sign) Diane Flagg, Director Code Enforcement Department I � Cq Respondent or Representative (print) Date - 04'7 Date REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. James Patrick &Laura S. Guerrero, Respondent(s) DEPT No. CESD20080008804 PAGE(S) ITEM Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-8 9 Deed CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080008804 COLLIER COUNTY, FLORIDA, Plaintiff, vs. GUERRERO, JAMES P & LAURA S, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 1965 Platt RD Naples, FL SERVED: GUERRERO, JAMES P & LAURA S, Respondent Cristina Perez, 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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-2343 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)7748800:ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE .�; i„traductor,^ mejor entendi^tienic non:t.: :OTIFICACION:Esta audiencia sera conducida en el idierna Ingles.Scrvicios t c t urban:ion no scrap disponibles c,la audiencia y tasted sera responcab e de proven;so prop^ porn an comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fel an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri v ni avek yon intepret pou pale pou-ou. 4 COLLIER COUNTY,FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner DEPT CASE NO. CESD20080008804 vs. James Patrick and Laura S Guerrero,Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code,as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-41 of the Collier County Land Development Code Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i). 2. Description of Violation:Mobile Home/Modular Home placed at location in question without first obtaining the required building permit. 3" Locatio151a3dress where violation exists: 1965 Platt Rd.Naples,FL 4. Name and address of owner/person in charge of violation location: James Patrick and Laura S Guerrero 2038 Fairmont Lane,Naples,FL 34120 5. Date violation first observed: July 30,2008 6. Date owner/person in charge given Notice of Violation: October 1st,2008 7. Date on/by which violation to be corrected:November 1,2008 8. Date of re-inspection: November 24,2008 __._____.___.9.- Results of Re-inspection:Violation remains;no permit has been applied for and obtained 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 ing. Dated this 24th day of November,2008 Cristina Perez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed) and subscribed before this2iday of N":71/,2008 by 2-n PA/ L G G tr (Signature of Notary Public (Print/Type/Stamp Commissioned Name of Notary Public) Personally known l Thr produced identification Type of identification produced NOTARY PUBLIC-MT!OF FLORIDA ''' Indira Rajah commission#DD727241 <x-'ires: DEC.07,2011 BONDED TENC ATLANTIC BONDING CO.,INC. REV 3-3-05 Case Number: CESD20080008804 Date: October 1,2008 Investigator: Cristina Perez Phone:239-252-6865 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: GUERRERO, JAMES P &LAURA S 2038 FAIRMONT LN NAPLES, FL 34120 Location: 1965 Platt RD Naples, FL Unincorporated Collier County Zoning Dist:A-MHO Property Legal Description:NW1/4 OF NE/4 OF SW11/4I+W 1/12 OF NW1/4 OF NE1/4 OF Folio:00104520004 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No.07-44,you are notified that a violation (s)of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i)\ The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted 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: i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: A mobile home/modular home placed at location in question,without first obtaining the required building permit,to permit structure to be placed on site. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described /completi n. AND/OR Must request/cause orequ red inspections to be performed including nd obtain yatcertificate of occupancy/ p occupancy/completion. 2. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion AND OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: November 1, 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: 0 INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT j 7 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 Investigator Signature Cristina Perez i "Aide I Sign. u = d Titof Recipient Printed Name of Recipient Bbl , Date Case 5809 IL .09,348.4 4% °ion �! ��, ORDINANCE N0.04-41 Ai-s .4-04 E'V o 6*A i EFIce-d-rwE t X ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS y, F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER � $+ COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA—OF—COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL. PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC:,, ,,, 1.03.00 RULES OF CONSTRUCTION, SEC.EC. 1.02.00 A• UTHORITY,SEC. 1.05.00 FINDINGS, PURPOSE AND '. • INTENT,SEC.1.06.00 RULES OF INTERPRETATION,SEC.1.07.00; `-: ,_.. LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;ir,= Zs; CHAPTER 2-ZONING DISTRICTS AND USES, INCLUDING SEC. _ 2.01.00 GENERALLY,SEC.2.02.00 ESTABLISHMENT OF ZONING- �- 1 • DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 r-c.., PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN °y 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, 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— INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7—RESERVED; CHAPTER 8 — DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION,SEC.8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 - COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4. 10.02.06 A.2. _ a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline # of Phases Phase Timelines 18 months 1 18 months • 30 months 2 18 months—First Phase 30 months Second Phase 42 months 3 18 months—First Phase 30 months—Second Phase 42 months—Third Phase 54 months 4 18 months—First Phase 30 months—Second Phase 42 months—Third Phase • 54 months—Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. - (Ord. No. 04-72, § 3.BB) 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 develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact(DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. 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 / � APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.1. - public facility below the level of service established in the Collier County growth manage- ment plan, or(2) if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued, without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals,------- agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code'unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist;the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate;the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey,certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be i nr-sin•QG COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit.issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement,or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable 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 certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be. granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. 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). - - I ors,n.Q� Q *** 3452678 OR: 3619 PG: 1031 >r** RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/04/2004 at 09:OOAM DifIGHT E. BROCK, CLERK THIS INSTRUMENT PREPARED BY AND RETURNS TO: RIC FIE 10.00 - Vim:Geesme Whims 1 C y,LC. DOC-.70 .10 3337 Tome!TeedNorai Retn: Property Appraiser"Parcel Identi mien(Folio)N®hea ssilr eoe GDLFSHORE TITLE CO PICK UP SPACEABOVETh LINE POt Ra X*De.Q DATA THE a)Rl cnvw WAnnwlrry Mew made the 3 0 day of .S(. t %f 204 by WHia u J.Fesainl, as'nudge,of ibe Wiliam J.Fopdai Revocable Trost dated Smmobat 26,19%,he:eln Balled the grantor,to J James P:Goert+rro and Lours S.Guerrero,husband and wile whore post office address is 6101 SW 190th Q - Avenue,Soulberert Ysmeier,Florida 33332,heteimiler called do Goodeca Z "row road/serails Or*woe aid peaer trelade ill the pallet m Ode aeaiuerar and the ices, regal U represesdather mid n i n f l+i d r a$anotar eeaoeaeora ad emote of corpwefer) W I T N.E S SET H:That the gate,Or and in considered=of the roastTEM AND WHIM($10.00}Do1Teaa 0 and other voted*emrrideratioos,receipt wheeof it hereby acknowledged,Eby gam,bat8men',mss,slims, malice;releases,conveys-and oonanor unto the gnome all that=tam land situate in=JAHR County,State of Florida,viz_ Q r Beim the E1/2,of debit 1/4,of the NW 1/4 of SW 1/4 and the W1I2 of the NW 1/4,of NE 1/4 of SW C3 1/4 end X112 of NW 1/4 of NE 1/4 of SW 114 and W 1/2 ONE 1/4 of NEU4 of SW 1/4 of Scotism 25, p_ ? Tewarhip 47 South,Range 27 East, Co w County,Florida,Containing 20. Ames more or lee. 0 (VACANT LAND). 0 + (Z THIS DEED IS BEING RECORDED TO CORRECT THE LEGAL DESCREFT1ON IN THE DEED _----------------._..----_ —.__-----RECORDED WITH THE OFFICIAL(RECORDS BOOR 3444 PACE 002,OF THE CLERK OF COMM,COLLIER COUNTY,FLORID with ill the tea.- and beloegag at in anywise TO HAVE AND TOHOLI; Esq rerer_•______ AND,the grantor hereby with mmi d —Ile grantor lawiaIly\'seized Vf and lend is fee simple; that the gnaw Ira good ' and . , f, warm=the tale to said land sod will defend the s am earl leatiel air....., and said land is free of ell .accept ta�rtslaazumg td .i ! 3l r.•:, • v nv WITNESS WHEREok � j r `'� wry. ` r jar a3 year fart above Signed,scaled end dclivaed in lh4 ee of /...0 \((' ' . 1 Signature _ 7• ?'f ____A dP% - i•;- . Dew, ?brick 3411. ...; awg CU"' g iaer^tA T. SCO1- r r � a Witness 12 Printed Nara Sl:74 43 a STATE OF co 5 3 COUNTY OF Z tic The foregoing instrument was acknowledged before no this day of--c_____ - 2004 by William I. Fagnim, as Trustee who is personally known to or or has produced Ili h't- D t. as identification. SEAL cL,L,r .� t,t vC.t.- fV & v C.-r1.Jt e_ S S Prima NoiaryNace qJ . k t c.,tY1 Fd r t11 personally Pile `VVEMS oppeared before me,and proved'44eridentificationthrough satisfaaroryerilence,whichwere c---c_t L to be the person whose name is signed on the preceding or attached documentinmypressnceon this 3r) dayof' k�_ 7{ Jaime Von Ness Commonwealth of Massachusetts ' • Notary Public My Commission Expires December 17,2010 • G COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. James Patrick and Laura S Guerrero Violation of Section(s) 10.02.06 (B)(1)(a), and 10.02.06(B)(1)(e)(i) of Collier County Land Development Code, Ordinance 04-41, as amended Cristina Perez, Code Enforcement Official Department Case No. CESD20080008804 DESCRIPTION OF VIOLATION: Mobile Home/Modular Home placed at location in question without first obtaining the required building permit. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of this hearing and abate all violations by: 1. Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within X amount of days of this hearing or a fine of X amount per day will be imposed until the violation has been abated. 2. 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 the order. 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. REV 2/23/06 C,(,&D2oo00 oca4- a • ■ T 4 — 'fd" y€,h, a k ,-.1',..":0 s +4. 4 • 07/30.20081 56 rn v. Exhibit B-1 Y° i., . ., ....„ -, , ) .. ,.. & , . . . ii • 4 IA E�yyEit@lfl .. ... / +Malt_ 1 ',,�' * � tiiiii411r4 z,may. gyp.yt'i''.o 3�'.. 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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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABIUTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida on el idioms Ingles.Servicios the traduccion no serer disponibles en Is audiencia y usted sera responsible de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este events.Por favor traiga su propio[reductor. Avetisman—Tout odisyon yo let an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tenor'vini avek yon intern*pou pale pou-ou. COLLIER COUNTY,FLORIDA - CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. DEPT CASE NO.CESD20080011952 Ibran A Turcios,Respondent(s) • STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)Collier County Code of Laws,Chapter 22 Buildings and Building Regulations,Article II,Florida Building Code,Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) 2. Description of Violation: Owner did not obtain Certificate of Occupancy for Permit#'s 005052970 2066082595`_ 3. Location/address where violation exists: 1961 51st Ten SW Naples, FL 34116 (Folio 36245440004) 4. Name and address of owner/person in charge of violation location: Ibran A Turcios 1961 515t Terr SW Naples,FL 34116 5. Date violation first observed:August 6,2008 6. Date owner/person in charge given Notice of Violation:August 9,2008 7. Date on/by which violation to be corrected: September 5,2008 8—Date of re-inspection.—September 15,2008 - - — " Results.ofRP-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 19th day of November, 2008 enald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to(or affirmed)and subscribed before this 19th day of November ,2008 by Renald Paul / /7) t "/L � /e7-1`s'..`�� �GI' --(Signature of NoirY Public) (Print/Type/Sta i Commissioned Name of Notary�u}�1 FLORIDA Personally known x produced identification NOTARY P1JT;1 Z(_- 1,',. . Kinbeny Brander �) rr_lissirn#DD462009e REV 3-3-05 ��?1"'s: AUG. 31, t.�, n Co.,L`C. sr'311 C Rcmdinp Case Number: CESD20080011952 Date:August 06,2008 Investigator: Paul Renald Phone:252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: TURCIOS, IBRAN A 1961 51ST TER SW NAPLES, FL 341165645 - Location: 1961 51st TER SW Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description:GOLDEN GATE UNIT 5 BLK 172 LOT 28 Folio: 36245440004 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:-Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.5.1.4.4) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) If construction has commenced within one hundred and eighty(180)days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official,the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six(6)month period. Once construction has commenced on a building project, it shall be prima fade evidence of abandonment or suspension of the project if the permittee during any six(6)month period fails to actively engage in construction and fails to complete at least sixty percent (60%)of the construction that would be considered average for the industry for that six(6)month time period predicated upon a customary time for construction of like buildings... : The County Manager or his designee shall be responsible for determining whether applications for building or land alteration-permits-as--required-bythe 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 permitshalLmean:anywritten-authorization to alter land and for which a building permit may not be-required. Examples -- _ include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: PERMITS FOR GARAGE CONVERSION AND 6IN BLACK/METAL EXPIRED. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure/improvements. Must also request or cause inspection through and including certificate of occupancy/completion.AND/OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. ON OR BEFORE: 09/05/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to$1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Paul Renald Signature and Title of Recipient Printed Name of Recipient AUGUST 6, 2008 Date y , - • ■ • 3 ci 7 \ 23 W O = H .i I'D a 5--.c __». 0:t co i cD. tQ a m -0 -113m 0 - D ' In ?1yi. �61 a ��-mm0to 1 • O 1m ry -• ' - � oato a. m 0 m O w cD y m �3 aQ-^� m Z �a o o-5az o 1 0 o P .aCCn mcmmmW El p � G -^- 0 cn IN . O , 7g= ao n �' I O a).c D - 01 m F m ? ' Z j O W j CO 1 1 m m 3 01 I m m w C f1J c 3 A <t,' O P X D o . 1 co O o 5 W m c v m m r- o . ro a m m m m ` m a a m av 3'm -'�� 2 o.m m m a � '�, Z m m m �.v m r. N ODD ) o \-i m o3s � a z ,.11 am m3 0 o m f 3 c o q • < N ❑ �0/gyp`' !7❑ a r I 0 m Z_' �a s IG N 3 ' c C a 1 c a CO m c m Z•• • 0 ',.. • ORDINANCE NO. 04-41 • AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COWER COUNTY, FLORIDA, RECODIFYING THE COWER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY,FLORIDA BY SUPERCEDING ORDINANCE NUMBER 91-102,AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION,SEC. 1.07.00 LAWS ADOPTED BY REFERENCE,SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL,AND ACCESSORY USES IN ZONING DISTRICTS, SEC: 2.05.00 DENSITY STANDARDS, SEC.2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED,THREATENED, OR LISTED SPECIES, SEC.3.05.00 VEGETATION REMOVAL, PROTEC- TION,AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY,SEC.4.02.00 SITE DESIGN STANDARDS,SEC.4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS,.SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- . TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5- SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 "" ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC.5.06.06 POLITICAL SIGNS; CHAPTER 6- INFRASTRUC- - TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC.6.01.00 GENERALLY,SEC.6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS,SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION • SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF ` COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- - NIFTY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 -VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY,SEC. 9.02.00 DEVEL- OPMENT WITH VESTED RIGHTS,SEC.9.03.00 NONCONFORMITIES,SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 (n APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10 0202 0�� 10.02.06 A.2. public facility below the level of service established in the Collier County growth manage- ment plan,or(2)if issuance of said development order of[or]building permit is inconsistent with the growth management plan.Anything in this section to the contrary notwithstanding,all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. A1314 Building or Land Alteration Permits. r ss ;�-��;; Building or land alteration permit and certificate of occupancy compliance process. %^ a:°` ;. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits,as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but----------- are not limited to clearing and excavation permits,site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be - erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit.All applications for building Orland 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 t- -� COLLIER COUNTY LAND DEVELOPMENT CODE 1 x.02.06 B.1. 10.02.06 B.1. required.Where ownership or property lines are in doubt,the County Manager or his 0 designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications,and no other use,arrangement,or construction.Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable p Iicable p rovisions of this Land Development Code and all other applicable regulations, ordinances, codes, andlaws. __.r...._____.___...__ -__- - ________ 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. 0 d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. t • e. Improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. WI 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). Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to - the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time T- g chadule-has:been-submitted to and approved by the'Building-Official or-his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting_a=per-mit-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 _ perrriit=fee_or-one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. No further extension may be granted by the Building Official and the .$`:x_ permit shall expire and become null and void. 4� . If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Q Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 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 fill material without environmental harm to, or pollution of, ground waters or surface 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 horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development -Code),but shall be otherwise lawfully-disposed of: __ Section 104.5.5, entitled "Dust Control,"is a new section which will read as follows: �� -"""� - - 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 following holidays: New Year's Day, Memorial Day, 4th 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. n 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 of 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 will 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 "Building (4)- Partial building inspections," is a new section --which will read as follows: �` 'T 105.4.1. Partial 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. (f) Under slab work. (g) Buildings with three (3) or more floors 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 of the completed work that was accomplished after the last approved inspection. I 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 finished floor 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 if 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: Elevated finish floors will have the survey submitted within 10 days of completion of the floor. - -- - — — — -_-- 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 of 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. If 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, mechanical and __ -" plumbing systems in accordance with the technical Codes,r.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. Section 106.1.3 entitled "Temporary/Partial occupancy,"has been deleted in its entirety and replaced with the following: 106.1.3. Temporary/Partial Occupancy. Permitted structures may not be occupied (used for its intended purpose) until all final building inspections, (structural, electrical, mechanical/plumbing, fire, engineering, parking, drainage and landscaping) have been passed and a Certificate of Occupancy has been issued. This certificate may. be temporary, contingent or final and shall be signed by the Building Official or his/her designee. The permittee shall preclude premature use of the structure by the owner (or others) unless prior written approval (for limited purposes) of the Building Official is obtained, and then only if inspections can be conducted unhindered and no regular occupancy is to occur. Section 106.1.4, entitled "Existing Building Certificate of Occupancy," is a new section which will read as follows: 106.1.4 Existing Building Certificate of Occupancy. A certificate of occupancy for - any existing building may be obtained by applying to the Building Official and supplying the information and data necessary to determine compliance with the technical Codes for the occupancy intended. Where necessary, in the opinion of the Building Official, two - - or more sets of detailed plans or a general inspection, or troth, may be required: When, - - upon examination and inspection, it is found that the building conforms to the provisions of the technical Codes and other applicable laws or ordinances for such occupancy, a Certificate of Occupancy shall be issued. (Ord. No. 02-01, § 1, 1-8-02) Sec. 22-27. Adoption of the wind speed lines. There is hereby adopted by reference, and pursuant to the authority of FBC § 1606.1.6, __-the_ Official:Zoning Map Atlas with the wind speed lines overlayed in one mile-per-hour increments. Any such maps depicting the exact location of these wind speed lines will be applied to all construction and will be enforced by Collier County in the unincorporated portions of the County. A one page summary map generally depicting the wind speed lines is attached as Exhibit A. (Ord. No. 02-01, § 2, 1-8-02) Note: Exhibit A is not set out herein, but available for inspection in the appropriate county offices as an attachment to Ord. No. 02-01. • Secs. 22-28--22-80. Reserved. ARTICLE III. CONTRACTORS' LICENSING, ZONING INVESTIGATORS* *Special act reference--Special acts pertaining to contractors' licensing and zoning investigators, § 214-51 et seq. Sec. 22-81. Designations. (a) Those agents or employees of the county building code compliance department who are to serve as contractors' licensing investigators shall be designated by the board of county commissioners' adoption of the appropriate resolution. (b) Those agents or employees of the county zoning enforcement section who are to serve as zoning investigators shall be designated by the board of county commissioners' adoption of the appropriate resolution. (Ord. No. 82-20, § 1; Ord. No. 85-34, § 1) This Instrument Prepared by Jana V.Jay,Esq. 2681 Airport Rd S Ste C-105 Naples,FL 34112 QUIT-CLAIM DEED THIS QUIT-CLAIM DEED,executed this I day of O f I , 2002, by[BRAN A. _ ,,, r ,,, TURCIOS and NERIS O. GUEVARA, husband and wife,first ' ° '° party, to IBRAN A. TURCIOS, r � � n whose post office address is 19bt I'Ten. SW,Naples, FL 34116. second party .., y - WITNESSETH,that the said first party, for and in consideration of the sum of$10.00 7. = OGV, in hand paid by the said second party. the receipt of which is hereby acknowledged, does N hereby remise, release and quit-claim unto the said second party forever,at the right,title, ° interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate,lying, and being in the County of Collier, State of Florida, to wit: Golden Gate Unit 5 Blk 172 Lot 28, S21 TW tR26 Public records of Collier County. Florida -v ''bur ee 1 Tck nu-re43 nu-r ex' 3 u, 4 S 4 y MO • .. TO HAVE AND_TO HOLD the same together with all and singular the appurtenances ti o▪ wo --thereunto belonging or in anywise appertaini . . •• all the estate,right,title, interests, lien, W equity and claim whatsoever of the sa•• tnttc,Otry•- law or equity, to the only proper use, m benefit and behoof of the second •.. .�- 'er. " 2 IN WITNESS WHERE• - said first party has s'. -• • d sealed these presents the r A day and year first above writte .. GI 011 Signed, sealed and d e iverd in t e re ce of 1 . w a i L 1 1 �: t :Arse, - a rcC:_.) o Witness , C-1���/ �' T��C10S �c �c e. L. `+h\ ;Itn 1� L //''i Tot A.r)r� Scc.) e- Printed Name of Witness A s c Witness t��� P• tee a of Witne s lk. ct• MI . l,7‘(_4 .P,tj/CGrc� Witn- NERIS O. GUEVARA — .s-?1.,0 144- C-1- ) o P • am of Witness Ad ss . �ddrry� P O .NLC�t)aAA Ci..�(.\k. J L,a 1:-I :3 Lf t E tness Ll 410 QCt VG i'l 1 1 i k Printed Nine of Witness STATE OF FLORIDA COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments, personally appeared 1BRAN A. TTJRCIOS,who provided -- - iq . *** OR: 3127 PG: 1683 *** identification in the form of rir b L • and who acknowledged before me that he executed the same, in the County and State aforesaid this I day of U L I-- 2002. 4‘,/•,,,„ ,e....- _, ARY PU IC _ 7,4::i wUDYYIO J.ABRUIIO {SEAL} MY COMMISSION r cc 846901 EXPIRES:October 16,2000 y.` emetenn�r�erryr�etem. STATE OF FLORIDA -- - -__ - COUNTY OF COLLIER I hereby certify that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,. onally appea NERIS O. GUEVARA,who provided identification in the form of d who acknowl- ed before me that he executed the same,in the Co ty and State ore d �L_•► day of II yk , 2002. - ___ _- _ _►�1� & et\ Jon.V J.y •OTAR I PUBL ';% V * ' it Ms Commission.. ... . R C 0 `.,, Eupirs Aupuat {SEAL} h` _ _ .... I► 7 C.) -(—� 14t-t—.- Ek I� ,f`\ ea* it .I i \r:°")\ -A \\ _:..,1 it A 1, 1 L--,1 \� A E 1 _ _ _ i- iE BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080011952 !bran A Turcios Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, !bran A Turcios, on behalf of himself 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 CESD20080011952 dated the 6TH 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 1/22/09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of Ordinance(s) and are described as Collier County Code of Laws. Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Owner did not obtain Certificate of Occupancy for Permit#2006082595 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Respondent is required to obtain any and all permits as required by Collier County, for any and all additions to this residence or obtain a demolition permit for removal of all unpermitted additions to this gC property and obtain all required inspections and certificate of completion within co days of this hearin 7 or be fined $100 a day for each day the violation remains unabated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. • ót)t_. p c--9L,,,4c-2-1 esponfdent or Representative (sign) Diane Flagg, Director Code Enforcement Department 1�ra �( 7 i2i t � S f - 22--Cq Respondent or Representative (print) Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Ibran A Turcios 1961 51st Terr SW Naples, Fl 34116 Violation of Ordinance(s) Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Renald Paul , Code Enforcement Official __ _ _Department Case No.CESD20080011952 DESCRIPTION OF VIOLATION: Owner did not obtain Certificate of Occupancy for Permit#'s 2005052970 and 2006082595. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: 1. Respondent is required to obtain any and all permits as required by Collier County, - for any and all additions to this residence or obtain a demolition permit for removal of all unpermitted additions to this property and obtain all required inspections and --- -- - - certificate-of completion within X days of this hearing or be fined $X a day for each - day the violation remains unabated. 2. If the respondents 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. 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. REV 2/23/06 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CESD20080011952 (bran A Turcios Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ibran A Turcios, on behalf of himself 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 CESD20080011952 dated the 6TH 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 1/22/09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of Ordinance(s) and are described as Collier County Code of Laws. Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.5.1.4) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Owner did not obtain Certificate of Occupancy for Permit#2006082595 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Respondent is required to obtain any and all permits as required by Collier County, for any and all additions to this residence or obtain a demolition permit for removal of all unpermitted additions to this property and obtain all required inspections and certificate of completion within I0 days of this hearin or be fined $100 a day for each day the violation remains unabated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. riL /24 c--2-1 esporfdent or Representative (sign) Diane Flagg, Director Code Enforcement Department .��ra -`vet s - �Z- Respondent or Representative (print) Date REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS, Board of County Commissioners of Collier County, Florida vs. Kenneth J. Blocker Sr. & Kenneth J. Blocker Jr., Respondent(s) DEPT No. CESD20070000587 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3-4 Copy of Applicable Ordinance 5-7 Deed 8-9 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20070000587 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Kenneth J. Blocker Sr. and Kenneth J. Blocker Jr., Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 103 Main ST Immokalee, FL SERVED: Kenneth J. Blocker Sr. & Kenneth J.Blocker Jr., 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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239)252-2343 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 33D1 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8300;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Semi cies the traduceion no saran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fat an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO.CESD20070000587 KENNETH J BLOCKER SR.,KENNETH J BLOCKER JR.,Respondents(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein,and hereby requests a public hearing before the Collier County Code Enforcement Board,for the following reasons: 1. Violation of Ordinance(s)04-44,as amended,The collier County Land Development code Sec(s). 10.02.06.(B)(1)(e). 2. Description of Violation: Commercial garage building converted to church/improvements done prior to obtaining valid Collier County Building permits. 3. Location/address where violation exists: 103/105 Main Street, Immokalee, FL 34142 (Folio # 51190320005). 4. Name and address of owner/person in charge of violation location: Kenneth J Blocker Sr. & Kenneth J Blocker Jr. 110 12`h Street S Immokalee,FL 34142 5. Date violation first observed: December 28,2007. 6. Date owner/person in charge given Notice of Violation: March 5,2008. 7. Date on/by which violation to be corrected: March 13,2008. 8. Date of re-inspection: November 25,2008. 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. uk 9 Dated this Z 7of November,2008 / if __,At __I 41 1 Wel•on J Walk, J . Code Enforcem-1 Investigator STATE OF FLORIDA . COUNTY OF COLLIER Sworn to(or affirmed and subscribed before thissyday of' AlOV 2008 by W r— LO.A) j G-4/L kA____12, .._____• c-4 -. Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced 4 Notary Public Stale of Florida �ry p 1M+Co a m;m sys no!@DZ D 629967 REV 3-3-05 y 4Fpr,‘y¢' Expire ys01116 wi 12011 +s Case Number: CESD20070000587 Date: February 12, 2008 Investigator:WELDON WALKER JR. Phone:239-252-5302 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: BLOCKER JR, KENNETH J DEAN M BLOCKER 110 12TH ST IMMOKALEE, FL 341423825 BLOCKER SR,-KENNETH J 110 12TH ST C IMMOKALEE, FL 341423825 Location: 103 Main ST Immokalee, FL Unincorporated Collier County Zoning Dist: C-4-MSOSD Sec 3 Twp 47 Rng 27 Legal:Subdivision 919 Block c Lot 5 Folio 51190320005 OR Book 3971 Page 2020 NOTICE Pursuant to Collier County Consolidated Code Enforcement Board (CEB) 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: Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) improvement of property prohibited prior to issuance of building permit.No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Violation Status- Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements AND /OR Must remove said structure/improvements, including materials from property and restore to a permitted state. ON OR BEFORE: 03/13/2008 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 U.S.Postal SBt VIC @�t. remains, and costs of prosecution. CERTIFIED MAIL,, RECEIPT rn (Domestic Mail Only;No Insurance Coverage Provided) INOUIRIEf m SERVE Y: ra -Foedelivery information vista our at www.usps.comm ��eAt-/ i 7 ' • D E 800 No 2 F i Investigator Signat r (239)252-f° p Cage $ s4 r'7'`' Ceri4Feee. ' Postmark rk SlgRa ',re n� Return Here E:3 (Endorsement R nrad-) 0 Restricted Delivery,Fee (Endorsement Required) Printed N•o (Endorsement Posta CASE#CESD20070000587 m Sent TO KENNETH J BLOCKER SR & JR DEAN M BLOCKER Street,Apt. 0 or PO Box 110 12TH ST C USPS -Track& Confirm Page 1 of 1 UNITED STATES COSTAL SERVICEr Home I Help I Sign In ---- ------ Track&Confirm FAQs Track & Confirm Search Results Label/Receipt Number:7006 3450 0002 4970 6133 Track Confirm Status: Delivered Enter LabeVReceipt Number. Your item was delivered at 9:16 am on March 05,2008 in IMMOKALEE, FL 34142.A proof of delivery record may be available through your local Post Office for a fee. p`` Additional information for this item is stored in files offline. Restore Offlane Details> i fl 1#e urr Yo USPS.cete Name> aite._Map ucmact us. F.orm.s 0..vyl.Servicas Job P.f.N.a.GXEolic.Y TextriLetUse. Natiplial_tt?rem erAcceot..s Copyright()1999-2007 LISPS.All Rights Reserved. No FEAR Act EEC Data FC hrt„.//trkrnfrml smt.usnS.COm/PTSI nternetWeb/InterLabelIn uiry.do 8/15/2008 w-- 0Z34BQ> ?c7.0. 3 ORDINANCE NO.04-41 114\°c� ��'��t•� � X ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 'q`„ `y F COWER COUNTY, FLORIDA, RECODIFYING THE COWER ( ���11 COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC._ 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00x, - APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND : • INTENT,SEC.1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00::. 'S 7 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS;in,-., CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING SEC.r "' 2.01.00 GENERALLY, SEC.2.02.00 ESTABUSHMENT OF ZONING 9- m DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN o' cry 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. 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- INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBUC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7-RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Page 1 of 6 B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as 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. Ail 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. Co Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificates) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). 3773749 OR: 3971 PG: 2020 . RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/25/2006 at 02:21PK DWIGHT E. BROCR, CLIRI This Instrument Prepared by&return to: CONS 150000.00 Name: Pat Regas RBC FEE 18.50 Tradewinds Title,Inc. DOC-.TO 1050.00 Address: 904 Lee Blvd,Suite 106 Lehigh Acres,FT 33936 Retn: 69428 TRADEWINDS TITLE INC Parcel LD. #: 51190320005 901 LEE BLVD #I06 Record:$18.50 Doc Stamps:$1,050.00 LEHIGH ACRES FL 33936 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED Made the 19th day ofJanuary,A.D., 2006, by DARK,INC., a Florida Corporation, having its principal place ofbusiness at 1222ForresterAve.,Immokalee,FL 34142,hereinafter called the grantor,to KENNETH J.BLOCKER,Sr.,whose post office address is 110 SE 12th St C,Immokalee, FL 34142, hereinafter called the grantee: (Wherever used herein the terms " r a �� �ncJIde all the parties to this instrument, singular plural,the heirs,le wuativ ivid..al and the successors and assigns of corporations whe e 1s extso admits o Witnesseth: That the/gran oa1:;--f. din considera 'on�of the sum of$10.00 and other valuable consideration, rece pt w ereefzs er'• ac a`ledge does hereby grant, bargain, sell, alien, remise, release, convey a • 44 . "---s at certain land situate in Collier\-1 County, State of Florida, viz: i , ,i Lots 5 through 10, inclusive�Blbek C, Immokalee Sjbdi ion,, ' rding to the plat thereof, as recorded in Plat Book 1,Pag 1\'ublic Records,Col ' our/6,) lorida. SUBJECT TO TAXES FOR TH r. 2006 AND SFI "E UENT YEARS, RESTRICTIONS, RESERVATIONS, COVENANTS SEND` , f,P t ORD,IF ANY. This is investment property and is not intended to be the homestead of the grantee. Together 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 it is lawfully seized of said land in fee simple;that it has good right and lawful authority to sell and convey said land, and 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 *** OR; 3971 PG: 2021 *** In Witness Whereof the said 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. Signed, sealed and delivered in tl.e presence of -1:/".Le.—d liZI Witness DARK, INC. iK ea r la - A . R-eng. By: I •-`.4,a./ ! / L.S. Printed Name of Witness U Name: Richard ohnson Title: President /I - / % i%i. Witness ,U,4DE L //tJF s J . -si9//a�r AT CO Q. Printed Name of Witness (P' 41:7 7 g_-,- \ ---f--\ State of Florida I i �-,� �� t t County of Collier LL 1 } {r� ,i E-.) The foregoing intro was acknowledge 2Thefor men ilitsi q ay o •• ,. , 2006, by Richard Johnson as Prest e t of Dark, Inc., a Ft t2 dorpo3t n. 1, s e) is persona y mown tom r has produced --- ---2► _ �..: s identification an, .is .id not take an oath. .7//y ja Signature ofAcknowledger j Seal: My commission expires s � i-yQ7 4,01 ._ Patride MY coa m Votrir Ems May s1,2007 —— -- `t" BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20070000587 BLOCKER JR, KENNETH J, BLOCKER SR, KENNETH J Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, BLOCKER JR., KENNETH J , BLOCKER SR, KENNETH J, 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 CESD20070000587 dated the 9th day of January, 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 01/ 21 /2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. l ,Y THEREFORE, it is agreed between the parties that the Respondent shall; �-(,, \,l' •1) Pay operational costs in the amount of$ 86.71 w t +-", o 6-- �C`'- -"A"'" C 1 i 2) Abate all violations by: Obtain a Collier County Building permit wit all Jinspections for the ,, . C property located at 105 main Street, lnmmokalee Fl 34142 within_543 ays of the date of this hearing or a fine of $ 200.00 a day will be imposed or obtain a Collier County Demolition permit with all inspections through final CO for the property located at 105 Main Street, Inmmokalee Fl 34142 within '0 days of the date of this hearing or a fine of $ 200.00 a day will be imposed. If the responde is fail to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. / J /) ,- , ,% �., 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. ' ( ) , Respondent,or Representative (sign) ,5-: Diane Flagg, Director l t l.. Code Enforcement Department Respondent or Representative (print) Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. KENNTH J BLOCKER SR. KENNTH J BLOCKER JR. Violation of Section(s) Violation of Section 04-41, land Development Code, as amended of Section 10.02.06.(B)(1)(e) Weldon J Walker Jr. Code Enforcement Official Department Case No. CESD20070000587 DESCRIPTION OF VIOLATION: Garage converted to church/improvements' prior to obtaining permits. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs in the amount of$ incurred in the prosecution of this case within 30 days of the date of this hearing and abate all violations by: 1. Obtain permit(s) for all unpermitted construction/remodeling/additions on property and get all inspections through certificate of completion (CO) within days of the date of this hearing or a fine of$ a day will be imposed until such time as the unpermitted construction/remodeling has been permitted, inspected and Coed OR obtain a demo permit and remove any unpermitted construction/remodeling/additions within days of the date of this hearing and restore the building to its original permitted state or a fine of$ a day will be impose until the violation is abated. Remove all construction waste to the appropriate site for such disposal. If the respondents 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. 2. Cease any activity that is not accordance to and complaint with the Land Development Code of Unincorporated Collier County. 3. Notify the code enforcement investigator within 24 hours of violation abatement so a final inspection may be preformed to confirm such abatement REV 2/23/06 ]-/ M LAv, wsi BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20070000587 BLOCKER JR, KENNETH J, BLOCKER SR, KENNETH J Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, BLOCKER JR., KENNETH J , BLOCKER SR, KENNETH J, 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 CESD20070000587 dated the 9th day of January, 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 01/ 21 /2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; � � ` _,1 /7 , 1) Pay operational costs in the amount of$ 86.71 2) Abate all violations by: Obtain a Collier County Building permit wit all inspections for the property located at 105 main Street, Inmmokalee Fl 34142 within_ ays of the date of this hearing or a fine of $ 200.00 a day will be imposed or obtain a Collier County Demolition permit with all inspe tions through final CO for the property located at 105 Main Street, Inmmokalee Fl 34142 within days of the date of this hearing or a fine of $ 200.00 a day will be imposed. If the responde is fail to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. / ) 074/ 5 /i 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to er •fce the provisions of this agreement. Respondent/dr Representative (sign) ,I4'. ' Di ne Flagg, Director f--(c C Code Enforcement Department Respondent or Representative (print) Date / REV 12/1/08 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No.CESD20070000587 BLOCKER JR, KENNETH J, BLOCKER SR, KENNETH J Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, BLOCKER JR., KENNETH J , BLOCKER SR, KENNETH J, 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 CESD20070000587 dated the 9th day of January, 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 01/ 21 /2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. L-2 i THEREFORE, it is agreed between the parties that the Respondent shall; �( A% f K 1) Pay operational costs in the amount of $ 86.71 w t in . 0 IX_Df., l ' �C =n�,O.},,v.\ 2) Abate all violations by: Obtain a Collier County Building permit wit all inspections for the `` %I property located at 105 main Street, Inmmokalee Fl 34142 within_,90 days of the date of this hearing or a fine of $ 200.00 a day will be imposed or obtain a Collier County Demolition permit with all inspections through final CO for the property located at 105 Main Street, Inmmokalee Fl 34142 within Q days of the date of this hearing or a fine of $ 200.00 a day will be imposed. If the responde ts�fail to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 2: 2 ,,./ 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. . 1 / � /Respondent,dr Representative (sign) �,', Diane Flagg, Director >:; 1 I', c ,, , Code Enforcement Department / Respondent or Representative (print) Dat REV 12/1/08 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. • Juan Hernandez&Adrianna Garcia, Respondent DEPT No. 2006081209 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board - BOARD OF COUNTY COMMISSIONERS, Case: 2006081209 COLLIER COUNTY, FLORIDA, Plaintiff, vs. JUAN HERNANDEZ AND ADRIANNA GARCIA, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 • VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 1521 Golden Gate BLVD W Naples, FL SERVED: HERNANDEZ, JUAN, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. • PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 • (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Este audiencia sera conducida en at idioma Ingles.Servicios the traduccior,no reran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare en mejor entendimiento con las comunicaciones de este evento.Por favor[taiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou 14 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080353 Board of County Commissioners vs.Juan Hernandez & Adrianna Garcia, Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 10.02.06 B(1)(a), 10.02.06 B(1)(e) and 10.02.06 B(1)(e)(i) and Collier County Code of Laws and Ordinances, Section 22, Article II, section 106.1.2 Location: 1521 Golden Gate Blvd. Folio#3706160005 Description: Garage converted/enclosed without Collier County permits Past Order(s): On July 31, 2008, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4385 PG 0725, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$11,087.44 See below. Order Item # 1 and Order Item #3 Fines at a rate of$200.00 per day for the period between November 29, 2008-January 22nd, 2009 (55 days) for the total of$11,000.00 Fines continue to accrue. Order Item #4 Operational Costs of$87.44, have not been paid. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jean Claude Martel, Respondent DEPT No. 2007080353 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA • Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080353 COLLIER COUNTY, FLORIDA, Plaintiff, vs. • MARTEL, JEAN CLAUDE, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermitted development and use of'VR"zoned property in Collier County, known as 3190 Karen Dr. Naples, FL. LOCATION OF VIOLATION:3190 Karen DR Naples, FL SERVED: MARTEL, JEAN CLAUDE, Respondent Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO GS TO AT 8:30 AM FOR 9 00 AA PRE-HEARING CONFERENCE. HEARINGS PLEASE TAKE FURTHER NOTICE that the testimony given at the hearing. all documents,witnesses consist of the original and/or evidence to be relied upon for t Y 9 and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests Continuances (5) business daystpr or to theedate set for the received by the Secretary to the Code Enforcement Board at least five . hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON VVITH PEASE NEEDS ANY THE CCOLLII R COUONTY ORDER TO PARTICIPATE MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM AMIOTRAIL,NAPLES FLORIDA PROVISION 4112(2 OF CERTAIN ASSISTANCE,E 34112(239)774800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERSOFFICE NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en In audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones tie este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale you-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080353 Board of County Commissioners vs.Jean Claude Martel,Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Sections 1.04.00, sub sec. 104.01 par's A and B; section 2.02.00, sub sec. 2.02.02, par B, sub sec. 2.02.03; section 2.03.00, sub sec. 2.03.01, par H, Village Residential District, section 8.08.00, par. B; section 9.03.00, sub sec. 9.03.01, par. D; and section 10.02.00, sub sec. 10.02.03, par's B-la through and including f Location: 3190 Karen Drive,Naples FL Folio#61839320000 Description: Unpermitted development and use of"VR" zoned property in Collier County Past Order(s): On January 24, 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 4325 PG 3014, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$49,065.34 See below. Order Item # 1 and Order Item #3 Fines at a rate of$200.00 per day for the period between May 24, 2008-January 22nd, 2009 '(244 days) for the total of$48,800.00. Fines continue to accrue Order Item #6 Operational Costs of$265.34 have not been paid. • TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Vanderbilt Devco, LLC., Respondent Raymond Bass Esq., Registered Agent DEPT No. 2006070496 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006070496 COLLIER COUNTY, FLORIDA, Plaintiff, vs. VANDERBILT DEVCO LLC, Respondent(s) Raymond Bass Esq., Registered.Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 01/22/2009 TIME: . 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION:7071 Hunters RD Naples, FL SERVED: VANDERBILT DEVCO LLC, Respondent Raymond Bass, Esq., 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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLUER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONEP.S'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,pare un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006070496 Board of County Commissioners vs. Vanderbilt Devco, LLC, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) Location: 7071 Hunters Road Naples, Florida Folio #283680001 Description: Vegetation removed on undeveloped property without obtaining the proper required Collier County permits. Past Order(s): On February 28th, 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 4336 PG 2752, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$119,668.31. See below. Order Item # 1 and Order Item#4 Fines at a rate of$200.00 per day for the period between March 31st, 2008-January 22nd, 2009 (298 days) for the total of$59,600.00. Fines continue to accrue Order Item #2 and Order Item #5 Fines at a rate of$200.00 per day for the period between March 31st, 2008- January 22nd, 2009 (298 days) for a total of$59,600.00. Fines continue to accrue. Order Item #8 Operational Costs of$468.31,have not been paid. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. 2006070496 Raymond Bass, Jr. R/A for Vanderbilt-Devco LLC, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, <I R• V,ZesA.uES , on behalf of himself or t/A410,3►2(b►c,Z- ClaVcao, C.LC. 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 2006070496 dated the 25th day of February, 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 February 28th, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $468.31 incurred in the prosecution of this case within 30 days of this hearing. 2) The respondent must apply for and After-the-Fact Vegetation Removal Permit for vegetation. removed for installation of the fence from the Environmental Services Department with four times the normal permit fee within 30 days of this hearing or a daily fine of $50.00 will be imposed for each day until the After-the Fact Vegetation Removal Permit is applied for. 3) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 30 days of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan or a daily fine of $200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 411,d/A,Z,‘/ .-c7' X .260g. "'respondent � tuz L Mich ile Arnold, Director Code Enforcement Department REV 223/06 y TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Tereso Bautista&Emiliana Vasquez, Respondent DEPT No. 2006100651 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-4 Affidavit(s) 5 IOF Table of Contents 12/15/05 • CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board Case: 2006100651 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. TERESO BAUTISTA AND EMILIANA VASQUEZ Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section to appear 162.06 and public hearing the Code Enlfo cementy Ordinance No. 07-44, you are hereby ordered o pp ear at a pub Board on the following date, time, and place for the violation below: DATE: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Converted garage into living area and added a bathroom without Collier County Building Permits LOCATION OF VIOLATION:3545 23rd AVE SW Naples, FL -SERVED: Tereso Bautista and Emiliana Lopez Vasquez, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT PLEASE TAKE FURTHER NOTICE that the testimony given at the hearing. all documents, will consist of the original and/or evidence to be relied upon for t Y 9 and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests east five (5) business daystpr or to theedatefset for the received by the Secretary to the Code Enforcement Boar d at hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239) 252-2343 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 1 ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE INE HE COUNTY COMMI ONERS'OFF!CE EAST TAMIAMI TRAIL,NAPLES FLORIDA NOTIFICACION:Esta audiencia sera conducida en el idioms Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsible de proveer su propio traductor,para un mejor entendimiento con Ian comunicacione de este eve.^.to.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet an angle.Nou pan gin moun pou fe tradiksyon.Si ou pa pale angle tanpri viol avek yon intepret pou pale you-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006100651 Board of County Commissioners vs. Tereso Bautista & Emiliana Vasquez,Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 10.02.06(B)(1)(a), 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) Location: 3545 23`d Ave SW Naples, FL Folio #38045920007 Description: Converted garage into living area and added a bathroom without Collier County Building Permits. Past Order(s): On April 24th, 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 4356 PG 1831, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 42,803.77. See below. Order Item # 1 and Order Item #2 Fines at a rate of$200.00 per day for the period between June 24th, 2008-January 22nd, 2009 (212 days) for the total of $42,400.00. Fines continue to accrue Order Item #4 Operational Costs of $403.77, have not been paid. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. William&Laura Mara, Respondent DEPT No. CESD20080004753 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-5 Affidavit(s) 6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT -COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080004753 COLLIER COUNTY, FLORIDA, Plaintiff, vs. WILLIAM AND LAURA MARA, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Rear screened lanai enclosed without permit(s), inspections, or issuance of Certificate of Completion LOCATION OF VIOLATION:4550 Boabadilla ST Naples, FL SERVED: William and Laura Mara, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. • PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 • (239)252-2444 Telephone (239)252-2343 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 NOTIFTCACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles on la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con as comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo fet art angle.Nou pan gin moun pou fe lradiksyon.Si ou pa pale angle tanpri vini avek yon inlepret pou pale pou-ou. I COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080004753 Board of County Commissioners vs.William & Laura Mara,Respondent(s) Violation(s): Florida Building Code 2004, Chapter 1 Permits, Section 105.7, Collier County Code of Laws Chapter 22 Section 22-26(b)(106.1.2) Location: 4550 Boabadilla Street Naples, Florida Folio#63405360007 Description: Screened lanai at rear of duplex unit enclosed and converted to living area without first obtaining and posting required Collier County building permits, inspections and Certificate of Occupancy Past Order(s): On August 22, 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 4389 PG 1140, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 12,688.10. See below. Order Item # 1 and Order Item #3 Fines at a rate of$200.00 per day for the period between November 21, 2008-January 22nd, 2009 (63 days) for the total of$12,600.00. Fines continue to accrue Order Item #6 Operational Costs of$88.10, have not been paid. r■1 Collier County, Florida *** OR: 4389 PG: 1142 *** Petitioner, Vs. DEPT NO. CESD20080004753 WILLIAM & LAURA MARA Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, William/Laura Mara, on behalf of himself/ herself as Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080004753 dated the 14th day of April, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 8/22/08; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of permit, Florida Building Code,2004 Edition, Chapter 1,Section 105.7 Certificate of Occupancy required, Collier County Code of Laws Chapter 22,Article II Florida Code Adoption and,Amendment of the Florida Building Code, section 22-26(b)(106.1.2). 3) And are described as: Screened lanai at rear of duplex unit enclosed and converted to living area without first obtaining and posting required Collier County building permit(s), inspection(s), and Certificate of Occupancy. Property located at 4550 Boabadilla St. Naples, Fl. Folio No. 33405360007 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$88.10 incurred in the prosecution of this case. 2) Abate all violations by: Obtaining all required Collier County Building Permit(s) including all required inspections through to issuance of a Certificate of Completetion within 90 days of hearing or pay a fine of$200.00 per day until brought into compliance. OR remove all alterations and additions by first obtaining a Collier County demolition permit, inspections and Certificate of Completion within 90 days of hearing, or pay a fine $200.00 per day until brought into compliance 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. f � Respon•:nt Djane Flagg, Director 1 1 Code Enforcement Department •_ Ay •• ee - Iv,/s / r, v Date f�Vi J fr M rn Representative Date REV 7/1/08 5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. J. Peaceful, L.C., Respondent DEPT No. 2007060387 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing(Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3-7 Affidavit(s) 8 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007060387 COLLIER COUNTY, FLORIDA, Plaintiff, vs. J PEACEFUL L C, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public'hearing before the Code Enforcement • Board on the following date, time, and place for the violation below: DATE: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Sign Permit10.02.06(B)(2)(a) LOCATION OF VIOLATION:7770 Preserve LN Naples, FL SERVED: J PEACEFUL L C, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 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 NOTI ICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en In audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo(et an angle.Nou pan gin moon pou fe tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007060387 Board of County Commissioners vs. J. Peaceful L.C., Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 10.02.06(B)(2)(a) and 10.02.06(B)(2)(d)(ix) and 2004-58 the Property Maintenance Code sections 16(1)(n)(2), 16(1)(n)(3), 16(2i) and 16(2)(j) Location: 7770 Preserve Lane Naples, FL Folio #68381446166 Description: Wall signs maintained in a poor state of repair. Past Order(s): On March 27, 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 4347 PG 0585, for more information. The Respondent has not complied with the CEB Orders as of January 22nd, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of$ 36,150.00. See below. • Order Item # 1 and Order Item #4 Fines at a rate of$150.00 per day for the period between May 27th, 2008-January 22nd, 2009 (241 days)for the total of $36,150.00. Fines continue to accrue Order Item #7 Operational Costs of $398.70, have been paid. BOARD OF COUNTY COMMISSIONERS ,rR , ? Collier County, Florida �n° 4� �� 0588 Petitioner, Vs. DEPT NO. 2007060387 J. PEACEFUL, L.C. Respondent(s), STIPULATIONIAGREEMENT COMES NOW, the undersigned,reo +s. Chhtmi , on behalf of himself or errvt t- as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007060387 dated the 271-11 day of March , 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 27th March , 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) The violations are that of section(s) 04-41 The Land Development Code Sections(s) 10.02.06[B][2][a], 10.02.06[B][2][d][ix] and 2004-58 The Property Maintenance Code, as amended, sections 16[1][n][2], 16[1][n][3], 16[2][i] and 16[2][j]. and are described as wall signs maintained in a poor state of repair. THEREFORE, it is agreed between the parties that the Respondent shall; 1. Pay operational costs in the amount of $398.70 incurred in the prosecution of this case within 30 days of the date of this hearing. 2. Abate all violations by: A. Bring all damaged wall signs up to current code by removing or re-permitting (if needed) all such signs within days of the date of this hearing or a fine of$150.00 will be imposed until such signs become either permitted or are removed. Monitor said signs for all inspections until final co (certificate of completion) within 60 days of permit issuance or a fine of$150.00 a day will be imposed until such time as all signs are COed (certificate of completion). Affix. permit numbers to all signs that are coed B. Cease any activity that is not compliance with and accordance to the Land Development Code of Unincorporated Collier County. C. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a,final inspection to confirm abatement. • Al A 011; '°espondent I . • . - Michelle Director• Enfor ement pepartment fp / 'ate Date / REV 2/23/07 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2006031099 COLLIER COUNTY, FLORIDA, Plaintiff, vs. Jamie Lam, Don Lee, and Linh Lam, 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: 01/22/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION & PRESERVATIONenv-VEG-3.9. LOCATION OF VIOLATION:3580 1st AVE SW Naples, FL SERVED: Jamie Lam, Don Lee, and Linh Lam, 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 15 copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by • the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-2343 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,YOU ARE ENTITLED,AT NO COST TO YOU,TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,NAPLES FLORIDA 34112(239)774-8800;ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION:Esta audiencia sera conducida en el idioma Ingles.Servicios the traduccion no seran disponibles en la audiencia y usted seen responsible de proveer su propio traductor,pare un mejor entendimiento con las comunicaciona de este evento.Por favor traiga su propio traductor. Avetisman—Tout odisyon yo Mt an angle.Nou pan gin moun pou le tradiksyon.Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. CEB NO. 2007-106 DEPT NO. 2006-031099 Jaime Lam, Don Le, and Linh Lam Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Ze wv , on behalf of himself -OF-- 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 2006031099 dated the 29th day of December, 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 October 29th, 2007; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 'E c> Pzi 2) The violations are that of Collier County Land Development Code as amended section(s) 03.05.01(B) are described as Vegetation removed over the allowable acreage without obtaining the proper permits. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of$455.76 incurred in the prosecution of this case within 30 days of this hearing. 00 2) The respondent must prepare a mitigation plan which meets the criteria stated in 04-41 as amended Sec. a- 10.02.06.E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 10.02.02.A.3. The respondent is required to establish a monitoring program (10.02.06.E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the respondent. This mitigation plan must be submitted within 60 days of this hearing or a daily fine of$200.00 will be imposed for each day until mitigation plan is submitted. All plant materials must be installed in accordance with the mitigation plan within 30 days of acceptance of mitigation plan or a daily fine of$200.00 will be imposed for each day until plant material is installed. 3) Respondent must notify Code Enforcement that the violation has been abated and request the Investigator to come out and perform a site inspection. 4,I Respondent Michelle 'mold, Director Code Enfo eme t Depprtment / I ;6,/0-7 REV 2/23/06 a^ n X Z C m \ / m $ @c &m D> g g q _0 _o o I o E E k z 0 3 c 2SH 0 _ 0 : D @ 2 s m cn � 9 m r •• > E o "1 o « > 0 _.71 RI m m0n m / 0 PI o - 0 0 o : 3 —I \ 0 0 r\ 2 _ O � m § q k m \ / $ Va _E \ G) m 2 / m m r l- c .A CO - 71 0 \ > 0 C 7i r- o XI xi o E I $ 01 m a ' c / � 5 7 Cl) 0 > W z -I = � w 2 En ® -I 0 o e I r Z \ / / 0 % -1 m@ Cr p o r @ 2 @ _ - 2 « > m o m X 0 Q c73X �� > e � � o iii gm § E 70 > X D z k ' `S» m Q omo ® 0 0 73 m $ 2 - > cn x LT H % \ m 9 > m ° \c . 2 r K � q Am & x k \ 03 03 73 0 f \ o .. m .. / z m �� $ a / ? % > M \ N v � .� ki FOARD OF COUNTY COMMISSIONERS " )Fly k � ` Collier County. Florida Petitioner, vs Case No. CESD20080007967 Katia Sanchez Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersi 9 ned, K�� ^� �G�1'1 C rl'l- , 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 CESD20080007967 dated the 2nd day of July, 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 2 Z ("'< ; 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$ i . 57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Applying for and obtaining a Collier County Building Permit for such improvements OR Demolition Permit to restore building to its original permitted state, all related inspections and CO within l odays of this hearing or a fine of$200.00 per day will be improsed until the violation has been abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday,then the notification must be made on the next day that is not a Saturday,-Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. ./ ) Respondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date Date REV 12/1/08 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE ../AII,S'n// 0(>wA.fr..) C.o 4 � °'`-cciwca.-r dCI A4, MAILING ADDRESS'ADDRESS' /� THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 7 ( /`(T G T7q 4i/C,,/ve �OV%-I WHICH I SERVE IS A UNIT/OF: CITY ��/�1 ���f�� COUNTY CITY B-COUNTY O OTHER LOCAL AGENCY /�,V/ Co//« NAME OF POLITICAL SUBDIVISION: DATE ON WHIG VOT OCCURRED ��: _ MY POSITION IS: / 2 a- a7 O ELECTIVE W'APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency) by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. . . . . . . . . . . . . . . . . APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Cd L-d4 z Z 4 4.Le..% _, hereby disclose that on _2- 2- __,20 O �{ (a)A measure came or will come before my agency which(check one) // —_ inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, — — - inured to the special gain or loss of my relative, _ __— --_ inured to the special gain or loss of ___ by whom I am retained;or inured to the special gain or loss of—___ _—_ _--_ –,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: 7 AM p94/ /9 A7 c 0/ C•//�..� ��/4/77 �T h','-✓c b/.ovf/ /Z'7P��..r,_ 4 /1N 7�1"�'`,Gt ',PA • 07 we'Pr. ✓A'l'ts. �i¢il..J 61-14-4-44--- /y /A s-r-PA4 I1/t' AAA 771-6. ( f/t(3A4 4- Co,✓L/Gf .1''��tr.S– d'r T4 X44 7 - �C ,, „71,"--7 pi — LflaAN S. 64)cxitA■to, C L a itio • (,$ 2004' O dop8a / . Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF. 1/2000 PAGE 2