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CEB Backup 03/26/2009 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: March 26, 2009, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TillS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WillCH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON 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 - A. February 26, 2009 Hearing B. February 26, 2009 Workshop 4. PUBLIC HEARINGS/MOTIONS A. MOTIONS B. STIPULATIONS C. HEARINGS 1. BCC vs. Milano Recreation, Inc. 2. BCC vs. Theodore & Karen Wasserman 3. BCC vs. Jonathon & Christine Benham 4. BCC vs. Primitivo Lara 5. BCC vs. Linnette Barrett 6. BCC vs. Linnette Barrett CEB NO. CESD20080010230 CEB NO. CESD20080001776 CEB NO. CESD20080003579 CEB NO. CESD20080001742 CEB NO. CELU20080016064 CEB NO. CEPM20080015499 7. BCC vs. Legacy Capital Trading Co. Inc. 8. BCC vs. Klemco, LLC. 9. BCC vs. Klemco, LLC CEB NO. CESD20080015190 CEB NO. CESD20090002071 CEB NO. CESD20090002075 D. Motion for Imposition of Fines/Liens 1. BCC vs. Mary Luedtke 2. BCC vs. Angelo & Diane Campanello 3. BCC vs. Bart & Sandi Chernoff 4. BCC vs. Caribe Investments of Naples, Inc. 5. BCC vs. Grisel Diaz 6. BCC vs. Naples Property Services, LLC. 7. BCC vs. Vanderbilt-Devco, LLC. 8. BCC vs. Angel & Norberto Hernandez 9. BCC vs. Empire Developers Group, LLC. 10. BCC vs James Hargraves CEB NO. 2007110088 CEB NO. 2007080375 CEB NO. 2006030500 CEB NO. 2007030836 CEB NO. 2007040121 CEB NO. 2007050653 CEB NO. 2006070496 CEB NO. 2007010485 CEB NO. CESD20080014496 CEB NO. 2007110616 E. Motion for Reduction/Abatement of Fines/Liens 5. OLD BUSINESS A. Motion to Amend Imposition of Fines Order 1. BCC vs. Empire Developers Group, LLC. CEB NO. CESD20080007919 6. NEW BUSINESS A. Approval of updated Rules & Regulations 7. CONSENT AGENDA A. Motion for Imposition of Fines /Liens B. Request to Forward Cases to County Attorney's Office 8. REPORTS 9. COMMENTS 10. NEXT MEETING DATE - April 23, 2009 11. ADJOURN ~ D. C. KERCKHOFF COMPANY STDNE CAST March 20, 2009 Mr. Kitchell Snow ketchellsnow((v.collieroov.net Collier County Code Enforcement Supervisor 2800 Horseshoe Drive North Naples, Florida 34104 Re: D.C. KerckhoffCompany - Case #2007090683 Project # 2008020030 / Application # 14218 Dear Mr. Snow: ~ 4 .-1\.1 Sent via: Hardcopy to Mr. Snow and Email to all. When my property was cited for a violation of the Collier County Land Development Code in September 2007, I did not fully appreciate the gravity of the violation or the complexity of the process of resolving the violation. At the time the investigator was Mr. Tom Campbell. At the hearing on September 25, 2008, I more fully understood the seriousness of the situation and agreed to the Stipulation Agreement presented as a consequence of the hearing. Being a lay person and having never engaged the professional consultants required to prepare and submit a code compliant Site Development Plan package, I did not understand how long it would take to be able to submit an SDP for approval. I retained a Florida Licensed civil engineer and a Florida licensed landscape architect to prepare and submit the SDP. That package was submitted on or about February 12, 2009. Although the SDP was submitted later than expected, that was because I did not understand the complexity of the work. Now I am faced with another delay, this one outside my control. Due to staffing issues at Zoning and Land Development review I have not, as of March 20, 2009, received either an official denial or approval. Due to these circumstances I respectfully request a 90 day extension to obtain approval of the SDP and a 90 day extension of the date when daily fines accrue. I am making all possible efforts to comply with the Stipulation Agreement and fully intend to comply with the conditions and stipulations of the approved SDP as soon as I receive approval. I would be more than happy to keep you informed of my progress, in writing or in person, every 30 days during the extension. Thank you in advance for your consideration of this request and please do not hesitate to contact me if you require further information. A paper copy of this correspondence will be delivered to you via regular mail. Sincerely, Dan C. K. Daniel C. Kerckhoff cc: Heidi Ashton Joseph Schmitt Nancy Gundlach Michael Sawyer Heid iAshton((v.collieroov. net JoeSchmitt((v.collieroov. net michaelsawyer@colliergov.net nancygundlach@colliergov.net 1901 Elsa Street · Naples, FL 34109. (239) 597-7218 PLANT CERTIFIED BOARD OF COUNTY COMMISSIONERS D' 4398 �^V' 3844 Collier County, Florida O A ] Petitioner, Vs. DEPT NO. 2007090683 D.C. Kerckhoff CO ,Respondent(s), STIP LAT ONIA E11AENT 1/e`` C ke,elotc.T as / OMES NOW the undersigned, u 7i , on behalf of himself or D COMES NOW, representative for Respondent an enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007090683 dated the 28thday of September, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for September 25th, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) 10.02.06[B][1][a]. 10.02.06[B 10.02.03 A][1][e][i], [ ], 1g property 0.02.03[rty B][5] and 1.04.01 , 04-41, The Land Development Code, as amended, and are described as, Utilizin roe without first submitting for, obtaining and implementing an approved Site Development Plan for Unincorporated Collier County. tC THEREFORE, it is agreed between the parties that the Respondent shall; 6267 1) Pay operational costs in the amount of$ $91.07 incurred in the prosecution of this case. zij 562 • 2) Abate all violations by: S a) Submit for and obtain an approved Site Development Plan within 180 days of the date of this hearing or a fine of$250.00 a day will be imposed until such time as the Site Development Plan is obtained or cease utilizing said property by removing all storage, machinery and sheds ect. and return the property to its natural state within 180 days of the date of this hearing or a fine of$250.00 will be imposed until said property is retuned to the afore mentioned state. b) .The respondent must notify the Code Ent'. ement Investigator, within 24 hours ,when the violation •-e bate in der tp con "in. nspection to f nfi + abatement J '' Or -ctor v/ Flag es' ondent Code Enforcem t Dep me Q12s10f) Respondent Date Representative 5 .f.'" 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( r ,%74 .,..,,-. .: E r up 1 di lk i • i 4 N 4�3 x r try< -.:;., ' 4 - ro. ,..._ . :,. m0,0- , -. , . . , .,,,,.. ; . . .„...,,,:, . wil. .--. -.. . .,.....,,„ to • Wi ` 0 Y F t t ti �x ° { 1 ! a �' r >r s t V - lk �t ah Ate- x ° a ,, _ ° %tea° . ;..,g ,.• xtt -. -- 4 I c a?s s t ,' r `; s ' �'� k 4: '' ' '''''''''t'T '' ''I '''''' ' 0 :# ,° >: h u3 f , 1 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Milano Recreation Inc" Respondent(s) Mark Adamczyk, Peck & Peck(Registered Agent), Nick Bobzien, Title DP DEPT No, CESD20080010230 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed Orders 1 2-3 4-8 9-12 13 14-17 \ \ CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080010230 vs. Milano Recreation Inc., Respondent(s) Mark Adamczyk, Peck & Peck, Registered Agent Nick Bobzien, Title DP 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring10.02.13(F) LOCATION OF VIOLATION: Encumbrances in public record which are inconsistent with PUD Ordinance (Dro. 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 committments agreed to on record during the rezoning of the property to "PUD". Also, the Milano Recreation Association has refused to follow the PUD committment to allow a third party to build a right-of-way ("Marquis Blvd") that would provide access to residents of Imperial Golf Estates over the portion of Milano subdivisiton known as ,"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 TC 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 .1. 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 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 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 portion" of 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 onlby which violation to be corrected: October 11,2008 8. Date ofre-inspection: October 13,2008 9. Results ofRe-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. Q Dated this --1l.day of October, 2008 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER October , 2008 by Ed Morad (S. (Print/T)'Il,e/Stam..R Commissioned NOTt;RY PUBLIC - STATE UJ:' FLGR.cTJJh (~)con;J;'~f,JH~~m '" ED TEFU LirL}'~':TIC Bm,;;-):_~';G CO,] D-J"C, Q REV 3-3-05 REV 3-3-05 Personally known Lucoo ;dentificatiun_ Type of identification produced Name of Notary Public) 3 Case Number: CESD20080010230 Date: September1 t" 2008 Investigator: Ed Morad Phone: 252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Milano Recreation Association, Inc. Registered.Agent: Mark Adamczyk, 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: 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 PUDRegulation(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 VIOLA TION(S). 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", 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, theSFWMD.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 Phone: 239252-2440 FAX: 239252-2343 +- ""'- Signature and T Ie of Recipient ~t.v~ .th c ~ cAe. ktv.~..\~d '7 f"-( r1J fJI (" 'J't! "'t<c t .'" y .J~~l~ <>t ?c c;:, O-.e.SCA~r~"'h o-t- ')C.c,-",Iv ~\~S cO v\s +-t' {v ~\O v: 0 \~ \-t"i'>J '>J'v<ltr +. (.rnt+- 4 tV1 ~V- A-DA-fl\ ('2-'11 ( Printed Name of Recipient 1. ---\\--~~ Date ~ Case Number: CESD20080010230 Date: September 11" 2008 Investigator: Ed Morad Phone: 239-252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Milano Recreation Association, Inc. C/O Nick Bobzien, Title OP 15491 Marcello Circle Naples, FI. 34110 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: 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 PUO Regulation(s) exists at the above-described location, Ordinance/Code: No, 03-54, The Royal Palm Academy PUO Ordinance, Sections 6,2 and the PUO Master Plan Violation Status - Initial OESCRIPTION OF CONOITIONS CONSTITUTING THE VIOLA TION(S), Encumbrances in public record which are inconsistent with PUO Ordinance (Ord, No, 03-54, the "Royal Palm Academy PUO") requirements, PUO right- of- way is encumbered by SFWMO Conservation Easement, plus open space tract designation, both of which are inconsistent with the PUO Master Plan and commitments agreed to on record during the rezoning of the property to "PUO", Also, the Milano Recreation Association has refused to follow the PUO 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". OROER 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 PUO tract designation of "right-of-way," including, but not limited to, the SFWMO conservation easement encumbering Tract P-3B, and any Milano subdivision plat dedications inconsistent with the PUO 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. S9~J InVe~igator Signature Ed Morad INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 Signature and Title of Recipient Printed Name of Recipient w Date ~ "'0 !" ~ . . . Ul "T1 ~ ~ ~ Q )>Ul"'O;:;:(') 0 ;:;O:!.(I) 0 3 z~~gO - n g~g.;a33 lP u:l ~!~~~ - 6: g.:::el.~ ~~ - ex> ...,Ji ~ ~2:~~iiP -" Dr mg';O~ - ....Ul :JlD- -" (J) ooOIllUliP 0' . >tJJ:;ao - (J) ;a~~3S:3 "T1 7!~g~g <II (I) Q:I a. :::;;O'....(I)aUl , CT ~m!::!:;a~ - R ~6"~~~~ 2 0 ~I=~m~ ~g.30'c!'J ~ lJ1 S 0- ~ 0 - (I) (I)....lll ~lll !\J 0 0-4- - CT ::r 0. -' :J - -glll(l)~<iio. 0 0 _::jO 0' :;a....z 3~~~-<SW .j>. om> 0 ....o~ ;:;:sa.a.~iii~ 0 m~~ - Y>g.6":Jl}~ 0 0 (1),< g.!I!.o ru 0 30(1);0 > e.F; p..g -4 0 I:-' 5 '6' < - _. (I) (I) 0 Q:I (I) .... .... 3 Z o Ul lD <II ...c (I) . lD !eo l.J.J .~) n ~ ' Jl Q:I 1 ~ S- c: IT" 3 0 ~ ~ Jl Q:I <II Jl ::;; Cii 0 <II <II -< <II !eo 5"~ :< a. "E: m <II :I. <II 5" !flz g. ~ to ::l. <II <II ; ~ ~~ ~ ~ .~ a. 0.<11 0 ~ a 0."0 ~~ m. ~ a. ~<II a. a. ~ :C" ~ ~ a <II :C" !ll ~ <II a. c... W 000 -< :Ii ~ CD (')Jl~ til ii1 a. ;a oS-"O a ! . c: ~ (J) g !' 3 ~ (J) C" 3 Jl~ <II ~ Ql 0" CD m.= ~ 3 "S 0 g '" 0 ~ '" <0 <II '" ~ 6 a '" (J) =r ~ Ql :> a. '" 0;" ... <II 0 <6 ~-1234s: ~'9 . B .>,,~ Q [-OCT IPJfJ ~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 CD RECEIVED :: THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ~ !:f INCLUDES mE COMPREHENSIVE ZONING REGULA TJONS : : ~ ; FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, :.. ~~ ~fJ;' FLORIDA BY AMENDING THE OFFICIAL ZONING A TI.AS MAP i ,_j ... ~.:'l~ g\.pqj NUMBERED 8S13N BY CHANGING TIlE ZONING ~, OZa\. CLASSIFICA nON OF THE HEREIN DESCRIBED REAL ~ (,; PROPERTY FROM WAn RURAL AGRICULTIJRAL AND "A-ST' ;:-;:,; '.', RURAL AGRlCUL TIJRAUSPECIAL TREATMENT OVERLAY TO ~~ Ul "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "ROYAL PALM INTERNA TJONAL ACADEMY PUD" LOCATED ON LIVINGSTON ROAD (CR# 881) IN SECTION 13, TOWNSmP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 162,7= ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 03- ~ '.....Ir"" 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 2S East, Collier County, Florida, is changed from "An Rural Agricultural and "A-Sr' 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 8S 13N, as described in Ordinance Number 91-102, the Co1lier 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 ~ day of ~~W ,2003. ~ BOARD OF COUNTY COMMISSIONERS aJLLIFAro;r'b BY: :Jr:Jt-- TOM HENNING, CHAIRMAN 'i-23~ . "~."'" ".... .... ,. '. ih' ordlnonce filed with tne '':.tarY of ~ Office the ~doyof ,~ oc:knOW1edgement of that """~ ::zal day =~I ~ ~ By e~ I)opWtY , ~.J; "'nl.~ldJZ.~ Marjorie , Student Assistant County Attorney PUDZ-2002-AR-2944/FRlsp q 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 PREP ARED BY; Richard D. Y ovanovich, 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 cpec DATE APPROVED BY BeC ORDINANCE NUMBER EXHffiIT "A" 9/23/03 03-54 10 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 laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, fmal 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 tbe 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 :/r regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the 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, Jot 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 DEVELOPMENTIMONITORING 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-I 1 l AIZON _ t7ZllQ1.dwg. EXHI8IT "- a7/a'2llC1S~ 1M I i m;lil' 11.1 .~! I fi l!l d Ii --- . I II I! !I I i 1'111 I i I~~ ul I i, i m!!~I! J J ~WI ! ld I!' I : II ~. II!.I !! I 511 I J , 'ijii ~ h~ i II II . ~ II! I -1- ll:U8 II: 1: .... i ~ . I. Il. !I . ~ I I' ;;. I I, Ii I .L ~ i!l ..- ~ ~ "'F- a c!i ~ ~ ~ Il. II f!! I i I ;;. I rn~ I .. 0( !!I 0( I 1~ =-~-=- 1m' I I '! I ~ ~ I I I-I . I I - I - , --..... ~._.. . Exhibit "A" ._~ ----.. 4071288 OR: 4281 PG: 0032 2.!:m3D i:. cmCIlL P.IOJ~:-S af COLllIl coon I n Olin/mo7 !t iBm, mmn I. ma, CUll nc ru DOC..Ta Book 4281 - Page 32 ~npert).. ApprJlu.cr:; Ptlrcelld~nti1iC:l.hllllo :-;~, This IIW~ was prepared witboul OCIiDioD orlEUe by md ~~ RectIfdirI.v; Itelum 10 SfA'!~'C!n M. Fe1k, &q, RoeIZtl 8;; AIIdress. LP A 850 Park Silom Dn~'C: Naples, FIo...;da. 3-4 lO3 (239) 649-6200 Rnn: Pl:t 50 !leI S8!1 PlUCU :,J.! Bl'iD ,m HHm' U HW 2m QUIT CLAIM DEED THIS Qua CLAIM DEED, made ;N: dale i1l,d year set foM betGW by PUL TE HOME CORPORATION, . Mic:bipo auporldioa .atboriud 10 do burduess ia the SUite of Florida. whose por.t offICe address i.s 9240 Estcro Par\( Commons Blvd., Estm>, FL J.3928 ("OJilJ]tOlH) 1.0 MILANO RECREA nON ASSOC1A nON~ DiC" . FIiorida DOt-fQI'-proJk corpon1ioa. ....hose post Om" addnss is ','41PM, l4JS l~~. u.....!!., 8_&';:61. }~"Jo'l.....,;'h jof.;SJ.("Gran,er;"). c/O ~ , PErK. 5801 PEl..lCAN MY BLVD S'1'E 103, NNJl.fS, f1.. 34108 (Where\'er used h~ln the 1.c:nTIS HGranlor" and .Gr.m:eelt sha.ll includ:e sing\.1lar and pIn, helt'$, I~ repr~tB.ti..'O. and lISSLgIlS of mdi..iduals.. and the w.."Cesrors and as.sign!io of corporatioo. whcrc:ver the context 50 admi;s. or n::quirc:s..) WITNESSETH, TlLlll the said Granterr, for and in cnns.identkln or1hc:- sum ofTen DoIII1l'S ($10.00) In hand paid by thJ: said Gr.mn:e, and other good and valuable: c:on.sl(kra~ the ro::eipl whm:of is hereby acknowled;ed. docs ~by remix, release and qult-cla.im unto the 5Ia~d Granter; ~~, aJJ Ihc righI. title, m1C:rest, cbum and d.m:and which me Si'lict GmntOC' has in and to the fQUQ\\~nB: d~bed lot, pn:ce or p;Il"Cel Ctf Lmd, s.itn.B.ted, I}'Ulg II1d bemg IJ1 the Counly of Collier, St;J.M l}f FlQrid:a. to ",'it: Tracts "A-l", "A-1'\ "8" through "1". "l.t", "L.;Z", "P-3A", '.'P-3B", "P-:;C", .'P4.... "P_5". "R". "'S", Mi lanIJ, accQrdlng to the plat th~of recorded in Plat Dook 4l <11 Page 69 et. Sieq., PublJ( Records of Collier Coonry, Florida Subject ta all ci1scrm:nls, .:onditions. dcdicatl00$ and resmctlons of record and those referen.;ed un S<Jld poli1t . TO H.o\ VE AND TO HOLD the same togdhcr with __II and smgular the appur".c:l'WKlCS ~unto belonging or ill 1IR}'Wi$I:: appc:naininS. and aJl the cs1.iI:c. nghl. title. InlQ'Cst. lien, equity and claan wbab:ocYer of'!he g.d Grantor. either in. law Of equ.ity, t(l the: only proper use. benefit and bC'hoof of Ihc Aid Cnml.ee fOJ'~\'t'r. fN \VITNESS ,"VHEREOF, tne: saId (jrantor has sJgIled and sealed Lh~se ~esents the da~ and year fi!st iI bu\(' .....T.ttt1'l "'1'"./"," . -'I ,,-I..J-'! ;o,IJ.'; http://www.collierappraiser.com/viewer/Image.asp ?Percent=&ImageID=4 39320 Page 1 of 1 ll.itJ ", d. 1 0/9/2008/ 0 it 4.t.1 CODE ENFORCEMENT - COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, ) ) ) ) ) ) ) MILANO RECREATION ASSOCIATION, INC. ) ) ) ) Case: CESD200810230 Plaintiff vs. Respondent STIPULATION FOR CONTINUANCE OF HEARING Comes now the Respondent, MILANO RECREATION ASSOCIATION, INC. (hereinafter, "Milano"), and Plaintiff, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter, "County") by and through their undersigned counsel, who on their behalf file this Stipulation for Continuance of Hearing, and state the following: 1. A hearing is set for this matter on March 26, 2008, (hereinafter, "Hearing") before the Collier County Code Enforcement Board, (hereinafter, ''Board''), at which time the Board is to hear certain evidence presented by the Collier County Code Enforcement Department, 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 Milano with respect to such alleged violations. This matter was continued from January 22,2009. 2. Pursuant to Collier County's Consolidated Code Enforcement Ordinance, Ordinance No. 2007-44, and Board adopted Rules and Regulations, Article VIII, Section 2, Milano and the County hereby stipulate to and request a continuance of the hearing based upon the following facts and rationales in support thereof: a. Since the January 22, 2009 hearing that was continued for reasons unrelated to tlllS Stipulation, Milano has agreed to work with the code enforcement complainant, Imperial Golf Estates Homeowners Association, Inc. ("IGEHOA"), toward a mutually beneficial resolution of the issues which, in part, form the basis of this code enforcement action. Accordingly, Milano and the County have agreed that it is not a practicable expenditure of the parties' resources and the Board's time to conduct a hearing before the Board on March 26,2009. Witnesses have been excused from subpoena. and discovery in this matter have been abated so that Milano and IGEHOA can continue to work toward resolving all issues between them amicably. b. If it becomes necessary for the Board to hear this case, Milano and County will need to compile such documents as may be prudent to prepare and present, and to also prepare potential testimony. c. A continuance will not result in any harm to County or the adjacent property owners or neighbors, particularly in light of the neighbors' agreement to work together to resolve the issues between them in their private dispute and in this code action. THEREFORE, based upon the above, the parties hereby stipulate and it is respectfully requested that the hearing of March 26, 2009, be continued until a future meeting, in order to facilitate resolution to the underlying alleged code violation. Dated this n day of March, 2009, Plaintiff Respondent Collier County Milano Recreation Association, Inc. ~c Mark E. A Florida Bar Peck & Pe , ,A. 5801 Pelican Bay Blvd., #103 Naples, Florida 34108 Telephone: (239) 566-3600 Fax: (239) 566-3977 Je E. right As . st nt County Attorney Office of the Collier County Attorney 3301 Tamiarni Trail East Naples, Florida 34112 Telephone: (239) 252-8400 Fax: (239) 252-6300 . Florida Bar No. 20203 CERTIFICATE OF SERVICE The above hereby certify that fifteen (15) copies of the foregoing have been served via hand delivery to the Office of the Secretary of the Code Enforcement Board, 2800 North Horseshoe Drive, Naples, Florida 34104, on this4 day of March, 2009. CODE ENFORCEMENT BOARD - COLLIER COUNTY. FLORIDA BOARD OF COUNTY COMMISSIONERS, ) COLLIER COUNTY, FLORIDA, ) ) Plaintiff ) . ) . vs, . ) ) MILANO RECREATION ASSOCIATION, INC. ) ) Respondent ) ) Case: CESD200810230 STIPULATION ON RESPONDENT'S MOTION TO DISMISS NOTICE OF VIOLATION AND/OR MOTION FOR MORE DEFINITE STATEMENT Comes now the Respondent, MILANO RECREATION ASSOCIATION, INe. (hereinafter, "Milano"), and Plaintiff, BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA (hereinafter, "County") by and through their undersigned counsel, who on their behalf file this Stipulation on Respondent's Motion to Dismiss Notice of Violation and/or Motion for More Definite Statement, and state the following: 1. In anticipation of the January 22,2009 hearing in this matter, Respondent timely filed fifteen (15) copies of its Motion to Dismiss Notice of Violation and/or Motion for More Definite Statement ("Motion") with the Secretary to the Code Enforcement Board ("Board"). That hearing was continued to March 26, 2009 with the Motion being withdrawn without prejudice to re-file. 2. Milano and County have stipulated to a continuance of the' March 26, 2009 hearing. . However, should it be necessary for Milano to argue the aforementioned Motion on March 26, 2009 or at any time thereafter, Milano and County hereby stipulate in the interests of economy that the fifteen (15) copies of Milano's Motion currently on file with the Secretary to the Board shall be deemed re-filed . . pursuant to the time requirements stated in the Board's rules and regulations, 3. Should Milano wish to modify or update its motion or file a new motion, Milano will be required to file fifteen (15) copies with the Secretary to the Board in a timely fashion. This Stipulation is dated this Ji day of March, 2009. Plaintiff Respondent Collier County Milano Recreation Association, Inc, ( Jeff Assi t County Attorney Office of the Collier County Attorney 3301 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-8400 Fax: (239) 252-6300 Florida Bar No. 20203 ~ Mark E. Ad I Florida Bar 226 Peck & Peck, P.A. 5801 Pelican Bay Blvd., #103 Naples, Florida 34108 Telephone: (239) 566-3600 Fax: (239) 566-3977 CERTIFICATE OF SERVICE The above hereby certify that fifteen (15) copies of the foregoing have been served via hand delivery to the Office of the Secretary of the Code Enforcement Board, 2800 North Horseshoe Drive, Naples, Florida 34104, on thisB day of March, 2009. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Theodore & Karen Wasserman, Respondent DEPT No, CESD2008000l776 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-5 6-10 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080001776 vs. WASSERMAN. THEODORE W KAREN L WASSERMAN, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 410 CRISTOBAL ST Naples, FL SERVED: WASSERMAN, THEODORE W KAREN L WASSERMAN, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de es1e evento. Por favor traiga su propio traductor. Avelisman - 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. ,1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080001776 Wasserman, Theodore W. and Karen L., Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2004-41 Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 1O.02.06(B)(1)(e) 2. Description of Violation: Electrical boatlift added to the Westside seawalUproperty without first obtaining required Collier County building permits. 3. Location/address where violation exists: 410 Cristobal Street Naples, Fl34113 (folio #52450200000) 4. Name and address of owner/person in charge of violation location Wasserman, Theodore W. and Karen L. residing at 410 Cristobal Street Naples, FI 34113 5. Date violation first observed: February 11th, 2008 6. Date owner/person in charge given Notice of Violation: April 29th, 2008 7. Date on/by which violation to be corrected: May 30th, 2008 8. Date ofre-inspection: January 29th, 2009 9. Results of Re-inspection: Un-permitted boatlift 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 fi public hearing. Dated this 2nd day of March, 2009 c--_--__=_ STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before thiZdty Of~2009 by ~V~ (Si atu of Notary Public) Personally known ~r produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTA ftY PUBLIC-STATE OF FLORIDA ~""""""'" Jennifer E. Waldron € ~ E Commission # DD823767 -:...........,f Expires: SEl'. 17,2012 BONPEIl TIlJUl An..\lfflC DOlWlNG ca., lNo. REV 3-3-05 f) Case Number: CESD20080001776 Date: April 22, 2008 Investigator: Azure Sorrels Phone: 239-252-2455 COLUER COUNTY CODE ENFORCEMEN1 NOTICE OF VIOLATION Owner: WASSERMAN, THEODORE W KAREN L WASSERMAN 410 CRISTOBAL ST NAPLES,FL 341138618 Location: 410 CRISTOBAL ST Naples, FL Unincorporated Collier County Zoning Dist: RSF-3 Property Legal Description: SEC. 32 TWP. 51 RNG.26 Folio:52450200000 OR Book: 3315 Page: 88 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No, 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 1 0.02.06(B)(1 )(a) 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) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S), Did Witness: Electric boat lift added to the west side seawall/property without first obtaining required Collier County Building permits. ORDER TO CORRECT VIOLATIONCS): 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 r~quired 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. 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. ON OR BEFORE: 05/30/2008 3 Failure to correct violations may result in: 1) Mandatory notice to appear or Issuance of a c:tation that mClY result in tines 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. SER E BY: ~~9IS__ ~ ==--- Investi ator Signature INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 252-2440 - Fax: (239) 252-3900 Signature and Title of Recipient Printed Name of Recipient Dated: L/ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · ~rint your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A Sign~,ure X ru' I- V c:...t.t~(.G-::l,..r i1A.4- B. Received by (Printed Name) C.p'-.. te~f~vi.W ./~(/- t,-./tV>Cr 1'V1.r:..t.A/' '1 ~ p( I~ D D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No o Agent 2'1\ddressee rfieodore & .:Karen fYasserman 4JO Cristo/ialSt I .:Ni:lytes, fl34113 (j) 3. Sejvice Type '"1ifeertified Mail 0 Express Mail o Registered 0 Retum Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes C:ES:D2008~OOJ776. 2. Article Number (TIansfer from service label) PS Form 3811, February 2004 7007 1490 0001 0804 6397 Domestic Return Receipt ITS 0' ?--.... / )J() ~2-M-1540 r- IT" ITl -IJ 77ieoaore dE ~ -'\.aren 4Jo Cris't'Obafst' .JVqpt'e.s;..Tf 34JJ3 Wasserman ~ Cl cO Cl ...-=l Cl Cl (I;oc Cl RE ~ (1;0 C:ESZJ200Soo0 ~ Total Postage & Fees I \p '/776 ...-=l Sent To r- Cl --.. _-- . .,.. __ _. __.._ __. __ __ __ _. _ __ _ __. __.. __ __.. __ _ ____ ____ __..._. _. .__n.. _. _.__ Cl Siiiiet, Apt. No.; r- ~;~~~;'-';~+4--....--_.....-.--.---_m._..- __........_m.....___.___........___.. ,es' 'cir",,38cirr,:Aii9:~t2aJiff:', : '. .'. ,/ /~e!,>_Re~ei"se(for Instwctlons 6 10.02.00 APPLICA nON REQUIREMENTS Page 1 ot 2 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered ,utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library2.municode.comldefauWDoc Viewl1399211 /66/68?hilite=1 0 02 06; ({) 1/29/2009 lU.U2.UU APPLlCAllUN KJ::~ULKbM.bN 1 ~ yage L or L 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. http://library2.municode.com/default/Doc ViewIl39921l/66/68?hilite=1 0 02 06; ~ 1/29/2009 10.02.00 APPLICATION REQUIREMENTS Page I ot 3 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DR I), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered ,utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library2.municode.comldefaulUDoc View/13992/1/66/68?hilite=1 0 02 06; Z 1/29/2009 10.02.00 AYPLlCAllUN KJ::<,~U1KJ::<,Ml::N 1~ Page L ot .3 moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library2.municode.com/defaultJDoc View/13992/1 /66/68?hilite= 1 0 02 06; q 1/29/2009 lU.ULUU AYPLlCAIIUN .K.J::,l...lUl.K.J::,M.l:::N 1 ~ ,Page j ot j 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. http://library2.municode.comldefault/Doc View/13992/1 /66/68?hilite= 10 02 06; /6 1/29/2009 IfllTlRtgJml ell. - . This Indenture, made this 2. day of j i... (t_, 2003, between S..,..,. 1... Kesler and KImberly A, Ke.'er, Husband and WIfe, GRANTOR, whose post office acIcIress is: P. O. Box 4527, Warsaw, IN 46581. and Theodore W Wasserman and Karen L Wasserman. Husband and Wife. GRANTEE, whose post office address is: 4 f 0 Cristobal Street, Naples. FL 34 f 13. WfTNESSETH, that the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations 10 said Grantor in hand paid by said Grenlee, the receipt whereof is hereby acknowledged, has grantad, bergained and sold 10 the said Grantee, and Grantee's heirs and assigns forever, the following described land, situate, lying and being in the County 01 Collier, State of Florida, 10 wit: Lot 581, Isle of Capri No.3, accorcJing to the Plat thereof as recorded in Plat Book 3, Page 66, of the Public Records of Collier County, Florida. Subject 10 restrictions, reservations and easements of record and taxes for the year 2003 and subsequent years. Tax Folio Number: 52450200000. TO HA VE AND TO HOLD, the same in fee simple forever. AND the Grentor does hereby fully warrant the title 10 the land and will defend the same against the lawful claims of all persons whomsoever. tl ~;~, I"L/ STATE OF F'L COUNTYOF (/;lff'r - 11 ) The foregoing instrument was aclcnowledged before me this l day of ~J I ! ~ ,2003 by Stephen L, Kesler and Kimberly A. Kesler, who is personally known 10 me or pfesented their drivers' license as identification and did take an oath. ~l~ I ;1 Ii / ,If " . - " . I - . .. .~ ' , ". l (....:J 1 [ I u '. I ~l)( i. ! ( l,_ b/ic / . Lily. ~ ~ J)) ICr'du /( Printed Signature f Notary Public My commission expires: Notary SeaVStamp THIS INSTRUMENT P~EPARED BY: erelg R. Woodward. Esquire Woodward. Pires & Lombardo, P.A. 806 Bald Eagle Drive. Suite 500 Marco 'Sland, Florida 34145 (239) 394-5161 ~ "s.~ ~ "~ -....-.~.~ !: - Bond. Schoeneck & KIng, PA 4001 N. TIImWni T..... SuIIe 250 N.... FIondI34103 I!!!::;:: .."'1: :;-.... - ..- :lEi! ...Ii -- ::.. ... - - - !:::: co -= .. ~B .. ::: a .. -- ... .... =~~ ....~ =-i~ =0""" .....~ = = .... Ii~ 0 Il c: ::a .... II .. Ss~ ~!~ .0 ..... JE - '-" ~~~ ...::a :;:u =... c:> I~ , co ::! .. .. ~;;i" . - :...:: ..... ... ... - ... ... .... .... - ~-.... 00.:':" co-co I I From: Sent: To: Subject: marconaplesfl@aol.com Monday, March 23, 2009 1 :33 PM DavidsonColleen Code Enforcement Hearing 11: 4.t.a DavidsonColleen Hi Colleen, please postpone hearing for 410 Cristobal as we did not have enough notice to arrange airfare down to Florida for this hearing. As discussed with you, and we left a message for Jen Waldren, is that we understood from Azure that she was to telephone us first before any action was taken, as she knew that we were in the middle of obtaining state and DEP permits, to which they have given 2 approvals,and the last approval requires a meeting, that we are waiting for someone in the state to set up a date and time. Zap Marine, specifically, the owner Ted, is the contact person to address getting the meeting dates and times. Azure knows that working with the state and DEP takes time, and the delays have been getting an actual meeting together, plus processing the paperwork required. You can contact me at 239-404-3911. Thanks, Karen Wasserman 1 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080001776 Board of County Commissioners, Collier County, Florida Vs. Wasserman, Theodore W. and Karen L. Violation of Ordinance/Section( s) 2004-41, Collier County Land Development Code, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e) Azure Sorrels, Code Enforcement Official Department Case No. CESD20080001776 DESCRIPTION OF VIOLATION: Electrical boatlift erected and added to westside seawall/property, north of existing boathouse, without first obtaining required Collier County building permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County building permits, inspections, and certificate of completion within days of this hearing or a $ fine will be imposed for each day the violations remain. 2. Respondent may demolish structure by obtaining a demolition permit, inspections, and certificate of completion within days of this hearing or a $ fines will be imposed for each day the violation remains. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order REV 1/5/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Jonathon W & Christine K Benham, Respondent DEPT No, CESD20080003579 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080003579 vs. JONATHON W & CHRISTINE K BENHAM, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Improvement Prior to Building Permit10.02.06(B)(1)(e) VIOLATION: lOCATION OF VIOLATION: 14630 Indigo Lakes CIR Naples, FL SERVED: JONATHON W & CHRISTINE K BENHAM, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774~00; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsabJe de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este even to. Por favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. :1. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO, CESD20080003579 Benham, Jonathan W and Christine K Benham, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance 04-41 The Collier County Land Development Code as amended, Sections 1O.02.06(B)(1 )(a), 1O.02.06(B)(1)(e) 2. Description of Violation: Walls built in garage for a workshop. 3. Location/address where violation exists: 14630 Indigo Lakes Cir. Naples FL. 34119 4. Name and address of owner/person in charge of violation location: Benham TR, Christine K Benham Trust 5. Date violation first observed: 3-19-2008 6. Date owner/person in charge given Notice of Violation: 3-19-2008 Nov signed by Christine Benham 7. Date onlby which violation to be corrected: 4-17-2008 8. Date ofre-inspection: 2-9-2009 9. Results of Re-inspection: Violation still 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 3rd day of March, 2009 ~~ ~,~ Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ,.. (<?r affirmed) and subscribed before this 3rd day of March , H1 <> . . /,~~ n (Signature of Notary Public) , 2009 by Patrick Baldwin Personally known _X_or produced identification _ Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) REV 3-3-05 XOTARY PrBLIC. STATE OF FLORIDA .:-''i'~. Diana M. Hindall ~, , } Co~rnission # J?D618572 '",,,,,.,,, ExpIres: NOV. 29,2010 BO:,DED THRU ATLA.'iTIC BO.\DriG co., ['ie, G ; ~. Case Number: CESD20080003579 __ Date: Marl1W2Q08_ Investigator: Patrick Baldwin Phone: 239-252-5756 COLLIER COUNTY CODE ENFORCEMEN" NOTICE OF VIOLATION Owner: BENHAM TR, CHRISTINE K CHRISTINE K BENHAM TRUST UT .14630 Indigo Lakes Cir. NAPLES,FL 341194830 Location: 14630 Indigo Lakes CIR Naples, FL Unincorporated Collier County Zoning Dist: RSF Sec 27 Twp 48 Rng 26 Legal: Subdivision Indigo Lakes unit 6 Block Lot 80 Folio 51978031587 OR Book 4316 Page 3571 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) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County BUilding Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : Walls built in the Garage for a workshop. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S), Did Witness: Walls built in the Garage for a workshop. ORDER TO CORRECT VIOLA TIONfSl: You are directed by this Notice to take the following corrective action(s): Initiallnsoection 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structurelimprovements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 04117/2008 ~~ ;~ -~ 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 prosecufion. 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. :Yct.g&l~ Investigator Signature C~.'- u~rtIe of ReciPient~ l .'S~~ --~ Printed Name of Recipient Dated: 4 COlliER COUNTY LAND DEVELOPMENT CODE 10.02.06 b. pevelopment 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. 3~O, as amenped, prior to .the issuance of any required county development orders or permits and commencement of construction or development Submission of the appncation for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use appncation 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 DRf and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development, '" . \ ( 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building .permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building pennit is inconsistent with the growth management plan. Anything in this division to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adeqllate Public Facilities Ordinance [Code ch. 106, art. Ill] and the growth management plan. B. Building Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. ( \ ! a. Zoning actjon on building or land alteration permits, The County Manager or his designee shall be responsible for detennining whether applications for building or land alteration pennits, as required by the Collier Gounty Building code or this Code are in accord with the requirements of this Code, and no building or land alteration pennit shall be issued without written approval that plans submitted confonn 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 pennits, site development plan approvals, . agricultural clearing permits, and blasting pennits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Gode and no building or land a'te~tion 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 confonnity with the provisions of this Code unless he shall receive a written order from the board of z<?ning 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. AppUcation for building or land alteration permit All applications for building or land alteration permits shan, in addition to containing the information required by the LDC10:82 5 APPLICATION, REV1EVv'. AND DEC1SION-Iv'lAKING PROCEDURES 10.02.06 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 b':lildings 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 applicatiDn 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 Rorida, 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 relatiDnship of the property, a mDre recent survey may be required, Where ownership or property lines are in dDUbt, 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 Rorida 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 l8(ld 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 cDnstruction set fDrth in such approved plans and applications, and no other use, arrangement, Dr construction. Building use arrangement, or construction different from that authorized shall be deemed a viDlation Df this Land development CDde. I. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the applicatiDn 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 nDt confer any rights Dr prtvileges 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. improvement of property prohibited prior to issuance of building permit No site work, remov~ of protected vegetatiDn, grading, improvement of property Dr construction Df any type may be commenced priDr tD the issuance Df a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. ExceptiDns to this requirement may be granted by the County Manager Dr his designee for an approved subdivision or site development plan to provide fDr distributiDn of fill excavated on-site Dr to permit cons~ction of an approved water management system, to minimize stockpiles and LDC10:83 (0 COLLIER COUN1Y lAND DEVELOPMENT CODE 10.02.06 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 th~s Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10, ," " t ( \ 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 perrnit(s), e. Zoning and land use approval required prior to or simultaneously vt4th issuance of building or land alteration permit or occupancy of land and space, A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land"or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate, I. For the purposes of determining compnance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ( ( if. In subdMded buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings iocated in residential zoning districts, which involve the conduct of a commercial or other non residentially allowed uses of land or buildings, 2. Building Permit applications for signs, a. General, Any person wishing to erect, place, rebuild, reconstruct, relocate, alter, or change the sign copy (see section 5.06.04 for exceptions) of any sign shall apply for and 'receive a building permit in accordance with Resolution No. 91-642, prior to the commencement of any work. A building permit will be issued by the community development services administrator, or his designee, provided that all permit requirements of the Cooe and all otherappncable provisions of Collier County's ordinances and regulations have been met b. Permff fees. A building permit fee shan be collected pursuant to the fee schedule set forth ,by resolution. ( LDC1 0:84 ':t APPUCATlON, REVIEW, AND DECISION-MAKING PROCEDURES 10.G2;DS- in. Row paths shall be indicated throughout including final outfalls from the development and basins, existing water -elevations, all connected and isolated wetlands, recurring high water elevations, proposed design water elevations, and other related hydrologic data.. lv. Drainage data, assumed criteria and hydraulic calculations, consistent with the criteria and design methqd established by the South Rorida Water Management District v. Plans showing proposed design features and typical sections of canals, swales and all other open channels, storm sewers, all drainage structures, roads and curbs, and other proposed development construction. vi. Plans and profiles of all proposed roads, Where proposed roads intersect existing roads, elevations and other pertinent details shall be shown for .existing roads. vii. Where additional ditches, canals or other watercourses are required to accommodate contributory surface waters, sufficient righf-of.way shall be provided by the developer or subdivider to accommodate these and future needs, viii. For projects which require a construction permit to be issued by the South Florida Warer Management District, approval of improvement plans and the final subdivision plat shall not be granted by the County Manager or his designee until a copy of the . permit or an acceptable Dearty work" permit is submitted to the County Manager or his designee. ix. The master drainage plan shall include the drainage plans and details for all iots. The master drainage plan shall show proposed finished grade eleva- tions at all lot comers and breaks in gracle. The engineer shall state on the water management calculations the basis for wet season water table selection, The engineer of record prior to final acceptance, shall provide documentation from the stormwater maintenance entity that it has been provided information on how the stormwater syStem works and their responsibility to maintain the system, , 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. LDC10:81 ~. h tlOOk 4j 1 b - page j) /1 Page I 01 I 4112594 OR: 4316 PG: 3571 III COUlD ill ourem nCORDS of comn cDllm, lL 121U/20D1lt 12:21P1l mm I. BIlOCl, C1.UI RIC !II 18,50 D>O{'~,70 ,7D tete: GALBlllITH iSSot IOU ClOSSPOIRTI tE tl HAmS 'L 34110 This Instrument was prepared WITHOUT EXAMINATION OF TITLE OR OPINION AS TO TITLE~ and please return to: Brad A. Galbraith. Esquire Galbraith Associates, P.C. 1045 Crosspointe Drive. Suite 1 Naples. FL 34110 (239) 593-0996 WARRANTY DEED THIS WARRAl\'TY DEED made the '-I~y of 1>tL-. ,2007, between Christine K. Benham, Trustee, - ... , or her successor in trust, under the Christine K. Benham Trust dated February 6, 2007, and any amendments thereto, whose address is 14630 Indigo Lakes Circle, Naples, FL 34119, hereinafter called the Grantor(s), and Jonathan W. Benham and Christine K. Benham, husband and v.ife, whose address is 14630 Indigo Lakes Circle, Naples, FL 341] 9, hereinafter called the C'rrantee( s). The Grantee(s) shan have the power and authority to protect and conserve, or to sell or lease, or to encumber, Or otherwise to manage and dispose of the real property described herein. Whenever used herein, the terms "Grantor{s)" and "Grantee(s)" shall include aU the parties to this instrument and their heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations. WITNESSETlf: That the Grantor(s}, for and in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration paid by the Grantee(s) to the Grantor(s), receipt whereof is bereby acknowledged. hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee(s), all that certain land situated in Collier County. Florida: Lot SO, INDIGO LAKES UNIT SIX, ac:cording to plat thereof as reeorded in Book 39 Pages 73 tbrough 76: Public Records of Collier County, Florida. Property ID Number: 51978031587 SUBJECT to covenants, restrictions, easements and zoning of record and taxes for the current year and subsequent years. http://www.collierappraiser.comlviewerlImage.asp ?Percent=&ImageID=444 363 2/9/2009 q BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Jonathan Wand Christine K Benham Respondent( s), Case No. CESD20080003579 STIPULA TION/AGREEMENT COMES NOW, the undersigned, Jonathan W Benham, 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 CESD20080003579 dated the 18th 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 3-26-09; 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. 04-41 The Collier County Land Development Code as amended, Sections 10.02.06(B)(l)(a), 10.02.06(B)(l)(e) THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: A. Obtain Collier County Building Permits for the newly constructed room in the garage within 60 days ofthis hearing or a fine of $ 200 a day will be accessed until the violation has been abated. Upon receipt of permits, request inspections and obtain a certificate of completion within 60 days of the day the permit was issued or a fine of $ 200 a day will be imposed until the violation is abated. B. Obtain a Collier County Demolition Permit with 60 days of this hearing or a fine of $200 a day will be accessed until the permit is obtained. C. Obtain a Certificate of Completion for the Demolition Permit and remove all debris within 60 days of obtaining the Demolition Permit or a fine of $200 a day will accessed until the violation is abated. D. 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.) E. 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. ~ 0. . lAU<--. Otfd-~ ~ Diane Flagg, Direct r U ode Enforcement Department . oC! " L. ~3Cl .J<? 1 Respondent or Representative (print) Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080003579 Board of County Commissioners, Collier County, Florida Vs, Jonathan W and Christine K Benham Violation of Ordinance 04-41 The Collier County Land Development Code as amended, Sections 1O.02.06(B)(l)(a), 1O.02.06(B)(l)(e) Patrick Baldwin, Code Enforcement Official Department Case No. CESD20080003579 DESCRIPTION OF VIOLATION: Room built in the garage creating more living space without Collier County Building Permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Obtain Collier County Building Permits for the newly constructed room in the garage within 30 days of this hearing or a fine of $ a day will be accessed until the violation has been abated. Upon receipt of permits, request inspections and obtain a certificate of completion within 90 days of the day the permit was issued or a fine of $ a day will be imposed until the violation is abated. 2. Obtain a Collier County Demolition Permit with 60 days of this hearing or a fine of $ a day will be accessed until the permit is obtained. 3. Obtain a Certificate of Completion for the Demolition Permit and remove all debris within 60 days of obtaining the Demolition Permit or a fine of $ a day will accessed until the violation is abated. 4. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order REV 1/5/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Jonathan Wand Christine K Benham Respondent(s), Case No. CESD20080003579 STIPULA TION/AGREEMENT COMES NOW, the undersigned, Jonathan W Benham, 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 CESD20080003579 dated the 18th 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 3-26-09; 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. 04-41 The Collier County Land Development Code as amended, Sections 10.02.06(B)(l)(a), 10.02.06(B)(l)(e) THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: A. Obtain Collier County Building Permits for the newly constructed room in the garage within 60 days of this hearing or a fine of $ 200 a day will be accessed until the violation has been abated. Upon receipt of permits, request inspections and obtain a certificate of completion within 60 days of the day the permit was issued or a fine of $ 200 a day will be imposed until the violation is abated. DP.. B~ Obtain a Collier County Demolition Permit with 60 days of this hearing or a fine of $200 a day will be accessed until the permit is obtained, C. Obtain a Certificate of Completion for the Demolition Permit and remove all debris within 60 days of obtaining the Demolition Permit or a fine of $200 a day will accessed until the violation is abated. D. 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.) E. 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. ~O~~ r Representative (sign) Diane Flagg, Direct r U ~?e Enfor~ement Departm7nt .....TI a A /V.Je ;X; JtJo 7 " Date REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Primitivo Lara., Respondent(s) DEPT No, CESD2008000l742 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-7 8-10 11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080001742 vs. LARA. PRIMITIVO, 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: 03/26/2009 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: 4914 17th PL SW Naples, FL SERVED: LARA, PRIMITIVO, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andlor evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the nearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Per 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. -1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080001742 Primitivo Lara, Respondent(s) STATEMENT OF VIOLA nON AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162:12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) Collier County Land Development Code 04-41, as amended, Section 1O.02.06(B)(l)(a) 2. Description of Violation: Addition of pole barn and shed without permits. 3. Location/address where violation exists: 4914 17th PL SW Naples, FL 34116(Folio 36128920007) 4. Name and address of owner/person in charge of violation location: Primitivo Lara 5020 27th PI SW Naples, FL 34116 5. Date violation fIrst observed: February 6, 2008 6. Date owner/person in charge given Notice of Violation: April 3, 2008 7. Date on/by which violation to be corrected: April 25, 2008 8. Date ofre-inspection: December 12,2008 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement offIcial hereby certifIes that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this Lday of February, 2009 ~f~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _x_ or produced identifIcation_ Type of identification produced REV 3-3-05 NOTARY PUBUC.sTATE 0' PLOW! ""'"'''''' Indira Rajah {W ~Commission IDD727241 -".~l Expires: DEC, 07,2011 BQ;mm; TIUIY Al'l.ANT1Q OONlUNG co., JNC. @ Case Number: CESD20080001742 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LARA, PRIMITIVO Date: APRl3/2008 Investigator: Renald Paul Phone:252-2443 Mailing: LARA, PRIMITIVO 5020 27TH PL SW NAPLES, FL 34116 Zoning Dist: RSF-3 Sec 21 Twp 49 Rng 26 Legal: Subdivision G,G.C, Block 143 Lot 10 Location: 491417th PL SW Naples, FL Folio 36128920007 OR Book 3048 Page 1929 Unincorporated Collier County NOTICE Pursuant to Collier County Code Enforcement Board (CEB) Ordinance No.2007 -44, as amended, you are notified that a violation(s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location, Ord No. 04-41 Section LDC 1 0.02.06(B)(1 )(a) Violation Status -INITIAL 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: POLE BARN AND SHED IN REAR YARD OWNER MUST EITHER PERMIT THE SHED AND POLE BARN OR OBTAIN A DEMOLITION PERMIT AND REMOVE THE ITEMS. CO MUST ALSO BE OBTAINED. ORDER TO CORRECT VIOLA TION(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 and apply for and obtain all permits required for described structure/improvements, Must also request or cause inspection through and including certificaflr of occupancy/c'ompletiori,-A:fm 1 OR Mustrequestlcauserequired inspections to be performed arid obtain a certificate of occupancy/completion. ON OR BEFORE: _APRIL 25, 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 No. Horseshoe Dr. Naples, FL 34104 (239)252-2443- Fax: (239) 252-2343 Investigator Signature ~~ ~ Signature and Title of Recipient Printed Name of Recipient Dated: APRIL 3, 2008 3 AFFIDAVIT. OF l\fAILING Respondent(s): Piimitiyo Lara S02027:PL slY :Ni:lflkSJ.FE 34U6 C12S0 2CC/ ~ ~o/7~2- Code Case CEB# C~S:D2oo8oo0I742 THE DESCRIPTION OF THE DOCVl\mNT(S) POSTED ISfARE: (Check the applicable docllment(s) b1N oticebfViolatioIl '0 Notice of Hearing . o Notice ofH'earinglIinposi6onofFines o Citation o Notice to Appear .0 Code Enforcement .Boatd Evidence Packet o Other: t~'.(0(;fI> . (Code Enfu~en\ Offiu) . , hereby swear and affirmthafa true and correct copy ofthe notice referencedahove, h?Sbeen sent by First Class, U;S. Mail to theahoverespondent(s)at (Address) On this 1,d day of ~_ STATE OF FLORIDA COUNTY OF COLLIER "- s.....Tom~.....r~ .. ... d)an.ds.ubS~.... dbefo . .' ....... . 200~ persOnallYKnownU Produced Identification. Type of Identification Produced (print, rjpe or stamp Commissioned name of Notary Public) NOTARYPtTllU~-STATE OF FLORIDA ......."...,.... < K. A.. Van Sickle ! 'W1COmnuSS10nIDD61. 8488 \~~ Expires: . NOV.29,.2010 ~iii 'lmttl ATLANTlCBClI'lI)lIfG CO., life. ,"-,J 'T""t ___ /""'/1'...... LJ ;:.::.}'-- AFFIDAVIT OF POSTING Respondent(s): Lara Primitivo 5020 27th PL SW Naples, FL34116 Code Case CESD20080001742 CEB# Special Magistrate Case THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document( s) (gI Notice of Violation o Notice of Hearing o Notice ofHearingllmposition ofFmes o Citation o Notice to Appear o Code Enforcement Board Evidence Packet o Other: I, R Paul (Code Enforcement Official) , hereby swear and affirm that I have personally posted the above described document(s) for the abo,;e respondents at 491417tl1pL SWN aples,FL (Address) .. on 4-3-08 (Date) 9:40am (Time) ,and at the Collier County Courthouse. Investigator . Title STATE OF FLORIDA COUNTY OF COLLIER (print, type or stamp Commissioned name of Notary Public) Sworn Jp (o~ affirmed) and subscribed before ~./)rl I 200~by f Personally Known ~ Produced Identification Type of Identification Produced Rev 6/27/07 fTl co CJ IT" U') CJ co CJ r-"l CJ CJ CJ Cl IT" ::r r-'1 c: "0 .2 c: .~ ~>.... ..... 0- c: c: Q) Q) ~ ~ E.2: 0..2 E c .q ..Q~~Q)~ ~~oo.q Q)_C>~C") OS~Q)~ ~ c: c: ~ 'C ._ Q) ::J 0 0 .... c:EoJ:u..-..... :JC:U,O) EO....2 ura;) E .!:: .~ 0 Q) C") oi:ooa.~ UWUa;)cu.....1.O NZ~ 1.0 \L ~ \ ~ J 2 ., ;, --- -- ~ -- -- - - -- -- ....: - >coN o>~V >(/)~I'-- .q.... I- _JC'') 0 _0....10 ~J:LLg 0::1- -0 0..1'-(/)0 <(NWN 0::: 0...J 0 <i~~(/) ...JLOZ~ ('.1 .,.,t o.iJ 1'- !ft -.(1 ~ ~ <:t f':' I"'- CJ ~//~. ll~ yU\ u.f ..._'1 C'... . o;z. ~~- ~ ';f '7~ t; -. ...__ "';J """~ ~;:.~ ~.. . . . ~ ~~~~S'(') i- g~:fa3~ ~ :;:::::!!l.~';""2. a. ID::r~C:;;;!. i giifID"':DID I a[~~i~ · R :;;;_;;IDg.lii .gO~~!.~ gi3o.o~ ID _ III III Ill' ~iii8:~:J 3 ~g i~ ~ S'g,aoiif~ . :;:8'::1 g-fg ID '< ..,., II> 3oii-8 e.F(i3.3 -6" <''0 ~ ~ ~ !D ID ID ;-' oztnr m):-oJ:' C/)"'O"'?:] 010):- ",m"'1J gY>~Al (x)"T1:r:- OI1J~ gc.vl::1 ~~C/)< -..I~ 0 ~~~ ",0) f'., {-J ~ ..D CI CJ CJ CI I::-' CJ (J:1 CJ Ln ..D CJ (J:1 l.LI !l' f [ ~ ..... ~ [ I p ::;:ur -<a. Jll~ !!l~ <Dill ... 8: ii ~ a. III i 8:~ E g i3 ~ ~ --~~ --- p c 00 ft DO tfj= s.~~ ~ ~ a ~ I i ~ ::L" a;> ~~~~[ It !.i3.~ l[ iKii:~ . ! = ~ <- tp ODD 3 ():Ill b!P. j P ~ ~~ -q- ~---"- 3: ~ ::r R ir ~ . ~ ~~:~ ~ ~ s ~~ ~~~ . ORDINANCE NO. 04-41 . AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY E!UPERCEDING 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 SPECIACALLY BY CREATING THE FOLLOWING: ~HAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC,1.01.00 TITLE, SEC, 1.02,00 AUTHORITY, SEC. 1.03.00 RULI~S OF CONSTRUCTION, SEC, 1.04.00 APPLlCABlpTY, 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. 2.04,09 f_EBM.lSSIB~, COND/TIONAL..AND~AGCESS0RY. USES.I~NINS-e151JU&T'5;=SEe. 2.05:00 DENSITY STANDARDS, SEC. 2.06,00 AFFORDABLE HOUSING DENSITY BONUS, S~C, 2,07,00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE " PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC, 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04,00 PROTECTION OF ENDAN- GERED, THR~TENED, 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 DESJGNAND 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 ~TEWARD$HIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPL<EMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5,02,00 HOME OCCUPATIONS, SEC, 5.03.00 ACCESSORY USES AND STRUCTURES, SEC, 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05,00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC, 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC, 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC, 6,01.00 GENERALLY, SEC. 6.02,00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC, 6,03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC, 6,04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC, 6.05,00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06,00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC, 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8,03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8",05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC, 8.06,00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8,07,00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC, 8.09,00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- " OPMENTWITH VESTED RIGHTS, SEC, 9,03.00 NONCONFORMITIES, SEC, 9,04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING d SEC. 10.01.00 GENERALLY, SEC. 10.02.~"~ APPUCATION REQUIREMENTS. SEC. W.03.DO D . . e. 10.02.06 A.2. APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or} building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch, 106, art, III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process, Supp. No.2 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 c" -~'.~ alter land and for which a buildingpermitma.yhbt 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 jurisd~ction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be LDC10:85 . q . '.i.. '..~. 10.02.06 8.1, COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 8.1, required, Where ownership orbPr~pe.rty Iinfes are in dOUbrtt"f:hed cbount1y Mdanager or his _. designee may require the su mISSion 0 a survey, ce I Ie y a an 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 6bservance~ of -applicable provisions oLthisA.and ,~~"- -" Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected, . d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord, No, 90-24 (chapters -3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of 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). -. Supp. No.2 LDC10:86 ]0 .. . ttt 2992595 OR: 3048 PG: 1929 it* ucnm 11 omew. IICOUI of COWII ClIIm, n 16/14/2"1 at U:1TllllIm I, 11DCl. CUB ue RI 5," lOCo.7I ,71 .. lib: .umml Wl m. 11ft n . ...LlI n 3I1U ....... By.1GIIIIt 1.. PcIIIIct. EIq.. 11913 N. TBilmI Trail, "10\. ,...,.., n 341 \0 PboM: 941.591-9994 QUIT CLAIM DEED nus QUITCLAIM DEED. exceuted this ~ day of 1'f\A..l-> 2002. by first parties. PRIMITIVO LARA IDd GABRIELA LARA. to IICCOM perty PRlMIlWO LARA whole Iddrcss is 4914 1'-' PIIc:e SW, NIpIcs. Florida 34116. WlTNESSEm. that the said first plII1y. for good coDSideration and for the sum ofS 1 0,(1() pUt by the said IIeCOM plII1y. the receipt whereof is hereby ICkDowledged does hereby rcmi!e. relelle ad Quitclaim UDto the said lICCOnd perty forever, aU the right. title. interest. a claim which the IIicl first party bas in and to the followq described percel of land. and improvemems end appurtcmnces thereto in the County ofCoUier. State of Florida. Golden Gale City. Unit 4. BLK 43 tiC' OSi", tD '/'H. ,,"tt"~ Yec' ....-*' illfJif,.. I-C't !0.~1Jr.!'~ ' ./o1'/1)III;ncJ".Jj~~~~1Vl,Jicf(!ui'tlr" :vv I ~ ~ III 1--(, II:L'.,1)4 IN WITNESS .! said first party baS f' ~ scaled these presents the day IDd yell' first above written./ ~. \ \ ~ ~~~k - \~I(1)])11U\ · ~OLARA W"1bIeII \ .\"". \ ~ r,l 1 \(\ "lr I" STATE OF FLORIDA ~~;;~~. ~~.. {S; COUNTY OF COWER ~. 0 ^ ,r\:. ~ ~.F -<~....~ The tbreaoiDa iaItrwDe8I-WD '1. re me ~y of ~)a.; \ .2002. by PRIMI11Y-OJ...uA, me orc~J- produced . .' .., ic,t.4l1lfit:mioo. (i) 1If"':"-:::" - (Q~ --=...,..- . Q ...........,NIIt...... Notary Public . My Connission~: ~~. GABRIELA LARA .JJt (",.1 :NrH rc Wi ' W"1tDeIs STATE OF FLORIDA COUN1Y OF COLLIER ....~.~ lMSElUICO . ..\sf:. IIfCCllllSSol.'DO015147 .,~" DPIIUIfljs.mi ' ~~...~:_ ....~~........,___ I ~ .. .-. -M~:.':t..!'ii- -.- -~ The fbrcaoiDa instrument WII acbowledaed before me this 1!. day of .~~'- 2002. by GABRIELA <LARA. penonaDy known to me or who has produced F'Il' " . ~ :.. ~ ~IS ~o. . ~ lc Jot J~Ct 7>..C"- Notary , My Commission Expires: I \ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080001742 Board of County Commissioners, Collier County, Florida Vs, Primitivo Lara Violation of Ordinance 2004-41, the Collier County Land Development Code, as amended, Section 10,02.06(B)(1)(a) Renald Paul, Code Enforcement Official Department Case No. CESD20080001742 DESCRIPTION OF VIOLATION: A shed and pole barn built without first obtaining Collier County Building Permits, all required inspections, & Certificates of Completion, RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1, Obtaining Collier County Building or Demolition Permits, all required inspections, and Certificates of Completion for all non-permitted additions on this property within X amount of days from this hearing, or a fine of X amount will be imposed for each day any violation remains. 2, The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order REV 1/5/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs, Linnette Barrett, Respondent( s) DEPT No, CELU20080016064 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-6 7-8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case:CElU20080016064 vs. L1NNETTE BARRETT, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 lOCATION OF VIOLATION: 4408 18th PL SW Naples, FL SERVED: Linnette Barrett, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-aaoO; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conrlucida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio tradudor. 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. ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CELU20080016064 Linnette Barrett, 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 ofOrdinance(s) Collier County Land Development Code 04-41 as amended, Section 2.02.03 2. Description of Violation: single family home converted to multi-family unit in a single family zoned area. 3. Location/address where violation exists: 4408 18th PL SW NAPLES, FL (Folio 35757240007) 4. Name and address of owner/person in charge of violation location: Linnette Barrett 26616 Saville Ave Bonita Springs, FL 34135 5. Date violation fIrst observed: November 5, 2008 6. Date owner/person in charge given Notice of Violation: November 20,2008 7. Date on/by which violation to be corrected: December 4,2008 8. Date ofre-inspection: January 28,2009 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the 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 28th day of January, 2009 ~#~ Renal d Paul" Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER or affirmed) and subscribe before this 28th day of January, 2009 by Renald Paul .::,\.f' '2 k'Y1 e of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _X_or produced identification _ Type of identification produced REV 3-3-05 1'\OTARY prE!''.:. S,.HE OFFLORIDA """"""" Diana M. Hindall f W ~Commission #DD6185n \'!f#/., ..,i Expires: NOY. 29,2010 It" BONDE!) 'l'H.!\U t.ThNm': IlQNIlg;G CO., me. 8 Case Number: CELU20080016064 Date: November 05,2008 Investigator: Paul Renald Phone: 252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Linnette Barrett 26616 Saville Ave Bonita Springs, FL 34135 Location: 440818th PL SW Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description: GOLDEN GATE UNIT 2 BLK 34 LOT 10 Folio: 35757240007 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 P~D Regulation(s) exists at the above-described location. Ordinance/Code: Prohibited Use. Collier County Land Development Code 04-41 as amended, Section 2.02.03 Any use or structure not specifically identified in a zoning district as a permitted use,conditional use, or accessory use shall be prohibited in such zoning district : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: a single family home was converted to a multi family unit in a single family zoned area, ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initiallnsoection 1. Must cease all multi-family use at any and all property other than property zoned for multi-family use as identified in Ordinance 04-41, as amended, Section 2.04.03, Tables 1 and 2 AND I OR Remove any other use and lor multi- family improvements from unimproved property andlor property regulated by an approved Site Development Plan and the intended use in accordance with Section 10.02.03(B)(5) andlor intended allowable uses in 2.04.03, Tables 1 and 2 ON OR BEFORE: 12/04/2008 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. S~ENALDPA~/ ~/ ~ Investigator Signature Paul Renald INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239252-2343 Signature and Title of Recipient Printed Name of Recipient 3 ci (]) 0> Ul 0 lii (]) > "5- ~-ci ~ . 'iij 8~Gl5E 'iij .r::. >- Gl g-8-;;.sf; . <(.!!2~"EO~ c<i c:- Ul 13 13 E -cGl~G>I1l(]) c.~-c.r::..o a. I1lQj-g-GlGl NO-cEf;g "':~aa.sg. j:j Ult5Gl~-c~ "'0 E.cEc....- Q) Gl'Uitlll1l13c lZ ~Q)c:oCl)e ! $~ 5 ~:c-; "'0 !;g,iii~f; ~ EE'Ef;g5 ~ 8~it g"~ 0 ~ . . . .-: D~) CJ 1 o N I ~ ~ CIr) ~ ~~~ ~ ~ ~ ~ ~ ,S ~ '... ~ ~ t ~ ..... ~ N ~ t~ ~ ~ ~ '.... ,~~ ~ ~~~ Q) .!!l "'0 a .s: '" e ~ ~ 0 .E a 'a '5 ::!: Q) fA a: CD" j!!Eci If c.,gd ~a:cj ~ 000 l:!:!. ~ CI) =a Iii ~ 8.~i::!: ~ }~n) :~ -i ~ ~ ~ ~ t::l t::l ~ ~ ". 0 ~ ~ * Ll'l ' :g ..ol!J cO ,,$ ...=II~ ci~ cO CJ 8"0 g~ CJ rr ::r ...=I ("'- CJ CJ ("'- a a; o Q) a: E :::l a; a: o ~ Q) E o Cl ~ o o ~ N .Q ~ .!!! 2 ~ .0 ~ (]) III u.. .... CIl - lle;: ~.g co Z li; Ct) ~ ~ E ~ E. ~ N ~ y .- ORDINANCE NO. 04-41 ,e AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ~UPERCEDING 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 T1TLE,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,OS.OO 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, SE:C, 2,07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 . RESOURCE PROTECTION, INCLUDING SEe, 3.01,00 GENERALLY, SEC, 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3,03,00 COASTAL ZONE MANAGEMENT, SEC, 3,04.00 PRC?TECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC, 3,05,00 VEGETATION REMOVAL, PROTEC- . . TJON, 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, SEe, 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,OS,OO 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 ADMINJSTRATIVE BODIES, INCLUDING SEC. 8,01.00 GENERALLY, SEC,.S.02,OO BOARD OF COUNTY COMMISSIONERS, SEC. 8,03.00 PLANNING COMMISSION, SEC. 8,04.00 BOARD OF ZONING APPEALS, SEC. 8.05,00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC, 8.07,00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC, 8.08,00 CODE ENFORCEMENT BOARD; SEC. 8.09,00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 _ VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC, 9.01,00 GENERALLY, .sEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04,00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC, 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 .. vii o ./ . COLLIER COUNTY LAND DEVELOPMENT CODE 2.02.02 D. Where the phrases "industrial districts," "zoned industrially,. "industrially zoned," .industrial zoning," or phraseology of similar intent, are used in this LDC, the phrases shall be construed to include: I and industrial components in PUDs. .p 2.02.03 Prohibited Uses Any use or structure not specifically identified in a zoning district as a permitted use, conditional use, or accessory use shall be prohibited in such zoning district. 2.02.04 Continuation of Provisional Uses Any provisional use, including all stipulations and requirements thereto, approved by the BCC prior to the effective date of this LDC and valid and effective immediately prior to the effective date of this LDC shall be treated under this LDC as follows: A. If such provisional use is provided for as a conditional use in the zoning district in which it is located under this LOC, then it shall be permitted as a conditional use under this LDC, 8, If such provisional use is not provided for as a conditional use or permitted use in the zoning district in which it is located under this LDC, then it shall be a legal nonconforming use under this LDC. 2.03.00 ZONING DISTRICTS In order to carry out and implement the Collier County GMP and the purposes of this LOC, the following zoning districts, district purpos~s, and applicable symbols are hereby established: 2.03,01 Residential Zoning Districts A. Rural Agricultural District "A". The purpose and intent of the rural agricultural district "A" is to provide lands for agricultural, pastoral, and rural land uses by accommodating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wildlife resources of the County are permissible as conditional uses in the A district. The A district corresponds to and implements the a land use designation on the future land use map of the Collier County GMP, and in some instances, may occur in the designated urban area, The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the GMP. The maximum density permissible or permitted in the A district shall not exceed the density permissible under the density rating system. The maximum density permissible in the A district within the agricultural/rural district of the future land use element of the Collier County GMP shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 8. Estate District "E". The purpose and intent of the estates district "E" is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural, and rural character of the E district. The E district corresponds to and implements the estate land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use LDC2: 10 (0 3944372 OR: 4152 PG: 0300 RJCORDID in OllICIAL RlCORDS of COLLIII COUITY, lL 12/12/2006 at OB:32A1 DWIGHT I, BROCI, CLIRI lie 111 lB.50 DOC-.70 .70 Prepared bv and return to: Retn: IOGl! B lICI 9010 STRADA SflLL Cf 1207 RAPL!S lL 3U 09 Leodil Mejias 4408 18. PI SW Naples, Fl34116 rspacc Above This Line For Recording Datal Quit Claim Deed This Quit Claim Deed made this f1' day of December, 2006 between Linnette Barrett, a single woman and Leodil Mejias, a single man whose post office address is 4408 18* PI SW Naples, Fl34116 grantor, Linnette Barrett, a single woman whose post office address is 4408 186 PI SW Naples, FI 34116 , grantee: SIGNATURES INTENTIONALLY APPEAR ON NEXT PAGE Quir Claim Deed - Page 1 DoubleT1mee !:{- *** OR: 4152 PG: 0301 *** In Witness Whereof, grantor bas hereunto set grantor's hand and seal the day and year first above written. Signed., sealed and delivered in our presence: ~run~~~ Witness Name: Y{)~</gta.~ ~ Linnette B (Seal) ~ Leodil Mejias (Seal) [Notary Seal] .~ M. PUS> 553909 : b.-~ MY=::"~20'O IlllIdMI 'ftIU""'" NIle ~ M/'f;eL~-c hAJ~O My Commission Expires: v: /?- 10 QuiJ Claim Deed - Page 2 DoubleTIme- ~ BOARD OF COUNTY COMMISSIONERS Collier County, Florida (3) Petitioner, vs. Case No. CELU20080016064 Linnette Barrett Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, on behalf of 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 CELU20080016064dated the 5th 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 3-26-09; 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. Single family home converted to a multi family unit in single family zoned area, THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case ,!"ithin 30 days of this hearing. 2) Abate all violations by: a) Remove any use and! or multi-family improvements from improved single family property by obtaining a demolition permit, inspections, and Certificate of Completion and return the property to originally permitted single family use within 60 days of this hearing or pay a fine of$200 a day until 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 0 ~ Diane Flagg, Director Code Enforcement Department 3/86101 Date J~l,/&r Date / ' REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Linnette Barrett Violation of Section(s) Collier County Land Development Code 04-41 as amended, Section 2.02.03 Renald Paul, Code Enforcement Official Department Case No. CELU20080016064 DESCRIPTION OF VIOLATION: Single family home converted to a multi family unit in single family zoned area, 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. Remove any use and! or multi-family improvements from improved single family property by obtaining a demolition permit, inspections, and Certificate of Completion and return the property to originally permitted single family use within X days of this hearing or pay a fme of $X a day until abated. 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 ofthis order. 3, The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confIrm abatement. REV 2/23/06 v\JL~ t{ {9[ ifj CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CELU20080016064 vs. LINNETTE BARRETT, Respondent / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 26, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Linnette Barrett is the owner of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4408 18th Place S.W., Naples, FL, Folio 35757240007, more particularly described as Lot 10, Block 34, GOLDEN GATE, UNIT NO.2, according the Plat thereof, as recorded in Plat Book 5, at Pages 65-77, ofthe Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, section 2.02.03 in the following particulars: Single family home converted to multi-family unit in a single family zoned area. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 2.02.03 be corrected in the following manner: 1. By obtaining a Collier County a demolition permit, all inspections and certificate of completion and returning the property to its originally permitted single family use within 60 days (May 25, 2009). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by May 25,2009, then there will be a fine of $200 per day for each day until such time as the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 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 order. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.71 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this :) W day of~, 2009 at Collier County, Florida. BY. Gerald Lefebv 2800 North rseshoe Drive Naples, Florida 34104 ST A TE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~j) , The foregoing instrument was acknowledged before me this ~ day of ~ ' 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or t,../' who has produced a Florida Driver's License as identification. ,'~11f~p~~~ ~~l:'" .~ =*'" ..~ ~. ,~ffi ...,,>.:..J....':f,.~ ~,Rrn~'.' , ,.!"!?'.:"~--, KRISTINE HOl.. TON ;. MY COMMISSION # DO 6865S5 , .~ EXPIRES: June 18, 2011 : ~ Bonded Thru NolaI)' public UndeIWOI':rs _ ) .......",. -~~~ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sel)t by U. S. Mail to Linnette Barrett, 26616 Saville Avenue, Bonita Springs, FL 34135 this ~day of~, 2009. i1~sq~ Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 ~lal. 01 f ~kIU^ ;oumy of COLLIER I HEREBY c;iJjllN ntAT this II . ..... ~orrect c...ota'ooclJ..nt on "Ie fn dO$rd ~t.it~ 81)(1,. ,~of comer QI_'" HJt~~. ~~~~~ofIIcI.' .~:l1I seal tIdiI ~.Yor., ',l~~' ~~~ ~ .. BOARD OF COUNTY COMMISSIONERS Collier County, Florida (3) Petitioner, vs. Case No. CELU20080016064 Linnette Barrett Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, on behalf of 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 CELU20080016064dated the 5th 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 3-26-09; 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, Single family home converted to a multi family unit in single family zoned area, THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case within 30 days of this hearing. . 2) Abate all violations by: a) Remove any use and! or multi-family improvements from improved single family property by obtaining a demolition permit, inspections, and Certificate of Completion and return the property to originally permitted single family use within 60 days of this hearing or pay a fine of $200 a day until 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 0 ~ Diane Flagg, Director Code Enforcement Department 3 !fJ6 Io? Date J~&/c;r Date / ' REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Linnette Barrett, Respondent DEPT No, CEPM200800l5499 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-10 11-14 15-16 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20080015499 vs. L1NNETTE BARRETT, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Windows/Exterior Doors - Dwelling22-231 (12)(i) LOCATION OF VIOLATION: 4408 18th PL SW Naples, FL SERVED: Linnette Barrett, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COlliER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduction no seran disponibles en la aumencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comwticaciones de este evento. Par favor traiga su propio traductor. Avetisman - Tout odisyon yo fet an an9le. Nou pan gin moun pou f9 tradiksyon. Si ou pa pale angle tanpri vini avek yon inteprel pou pale pou-ou. 1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CEPM20080015499 Linnette Barrett, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s)Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-23l(12(c )(12)(i) 2. Description of Violation: Broken windows and damaged fascia 3. Location/address where violation exists: 4408 18th PL SW Naples, FL 4. Name and address of owner/person in charge of violation location: Linnette Barrett 26616 Saville Ave Bonita Springs, FL 34135 5. Date violation first observed: October 22,2008 6. Date owner/person in charge given Notice of Violation: October 24,2008 7. Date onlby which violation to be corrected: November 22,2008 8. Date ofre-inspection: January 28,2009 9. Results of Re-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the 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 28th day of January, 2009 ~p~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) Personally known _x_or produced identification _ Type of identification produced REV 3-3-05 XOTARY PCBLIC . STA TE OF FLORIDA li\ Diana M. Hindall \. }Co~ssio~ # DD618572 ,.,,,,,,.,, ExplJ'es: NOV. 29 2010 BONDED Tl!RU ^'I't.A.'iiIC IlQSPh'iG ~il., rxc. 02 ..._.._.._..,,~....._. ._~,-. -~--_.,.."...-.--,,_.....-.~---_._--............_......_-_._......_.._..,-----~._------~_...-..._-.. - /--------". (~o::---i~-" \, . -.....', I ~\ ,.'/ . , . . ..~--_...--/. Case Number: CEPM20080015499 Date: October 22, 2008 Investigator: Paul Renald Phone: 252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BARRETT, L1NNETTE 26616 SAVILLE AVE BONITA SPRINGS, FL 34135 Location: 4408 18th PL SW Naples, FL Unincorporated Collier County Zoning Dist:RSF-3 Property Legal Description:GOlDEN GATE UNIT 2 BlK 34 lOT 10 Folio: 35757240007 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: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(c) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(i) 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building.: i. Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is grant~d by code enforcement special master.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S), Did Witness: WINDOWS BROKEN AND FASCIA DAMAGED. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct ON OR BEFORE: 11/22/08 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PAUL INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 3 r -- 2800 North Horseshoe Dr, Naples, Fl34104 Phone: 239 252-2440 FAX: 239 252-2343 Signature and. Title of Reeipient Printed Name of Recipient 1 0/22/08 Date ~ '-I ai Q) U (!! Q) Q) Q) C. i5...~.'iij ~~i~~ cn.....o.c OQ)l::_-ui !!l~O"tlO:t::: <(-Ullii.l<:E c?~~U[:6ij; '\ -o~-o~.!:lc. l::=-o_GlGl alGltlll::.cg N'O-o....-c. .."0 ffi~.9 en ,g ""$ ~"C:!:: (l)u<O_I-..... EO!:: E (ij tlI l:: Gl"liitlluue ::: Q) c: Q) en ~ ~e:5~:S~ ..!!2--g,1U.c- .c.v. .c u l:: EE"i-.!9Q OGl;::o~o 'o:!::: 0... Ul ..... . . 1:1 Q) Ul Ul ~ 1:1 ~ Q) t3 t <( ~ ""I ~ ~~ t:~~ ~~ ~ ~~l ~~~ ~~ ~ ~ \(:) '... ;:,~;:, ,~ \(:) ~ ""4~ .... .g a =a"B :::t ~ ~ ~ E ci ~ ~.a 0 I!! ~ ~ c.:i ~ 000 ~ CD = > as as 'ai CD :::t ~:::t c ~t ~ ~ j W~j . -i CO) ~ ~ ~ ~. ~, ~'. ~'\ ~\ ~ ~, rtJ ~ o .lI 1f1 CJ -<.:J <0 ""-.. rn <0 .lI I"- rn CJ CJ CJ CJ .lI l"- N ..ll CJ CJ l"- I I : a Gi o Q) 0:: c 5 Q) 0:: o 't; Q) E o Cl v o o C'l ~ al ::J ..9 II n," ......~ ,__C'..... H',' "'A"':"".'", 0",_.' """_U~"__'.',"",-, --. ..-- _. _... ~".......,~~ -- ., . '-''''''--~~''~--'''--_.--.-,.." -'-'" ..._---._._---_.~-.._--------. ~ ~~n~! COLLIER COUNTY CODE ENFORCEMENT Residential Property Maintenance InspectionReportlOrdertoCor~~ct Ordinance 2004-,58, Section 6 . Location: 4408 .18lh PL SW Naples, FL Date: Investigator. RenaIdPau1 Description DOl 1. Sanitary Facilities: Kitchen Sink: with counter workspace One (l)lavatorybasin properly connected to water and wastewater One 1) tub or shower properly connected to water and wastewater One (1) commode properly connected to water and wastewater 2. Hot and Cold Water Supply Adequate hot and cold water supply to all fixtures 3. Water Heating Facilities Hot water provided to all required fixtures Temperature not less than 120 degrees at all fixtures t Heating Facilities Heating equipment providing a tern lure of at least 68 deees Heating equipment properly installed and connected I. Cooking Equipment Operable stove or range Operable refrigerator Properly installed and maintained in safe condition . Garbage Disposal Facilities Adequate disposal facilities or storage container for garbage or rubbish . Light and Ventilation Meets minimum size and access requirements of the Building Code (1203.1-1.6 DO I DO :)nt~ M$tintt":rulnt":f':!Orrlt"':l' to r.l'\rr.pr.t R~v '.111/0<'\ -- 1 nf'i (s; '" I-"--~'-------~-------_...__._- Description One ormore windows for each habitable room 8. Bathroom Window or skylight Mechanical ventilation 9. ElecmcLightsand Uudet Electric provided to dwelling unit Requirednutlets provided (I per room) All lights and · outlets properly installed and in oodworkin condition 10.. Light in Public Halls .and Stairways Three(3) or more units: adequately li . hted at all times- Li tin in lace Less than three (3) units: conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not rovided - Li ting in lace 11. Electrical Systems All fixtures, equipment, receptacles and wiring maintained and installed pursuant to the Electrical Code 12... Exterior and Interior of Structure a. Foundation Building foundation and other structural elements maintained in safe manner and capable of S ortingJoad b. Exterior Walls Free of holes, breaks, loose or rottin material Substantially weather tight, wate roof and ro ed . coated Decorative features maintained in oDdenr Graffiti c. Roof Maintained in a safe manner and is water ti t d. Means. of Ingress/Egress Safe unobstructed means of in ess/eess Second means ofingress/egress rfln~:MR;~t"'1;t,1"lN"JOrrlt-r to ,:rnrn>:Cot R p,' 7/11/0-<:; -- -.-.. ..'" ~ :4 ------.:-- - .- = ~ ....... Corrective Action Required .= .= -'t = ~ ~ "" - .. := ~ ClU OD I D[J "''''''''' e. Attic Access to attic within the dwelling unit f. Stairs Maintained in.asafe manner g.Prot~tiveGllard .Railings Protective. railing in place Maintained in good condition h... Handrails Handrails in place i. Windows and Doors Lockable, weather-tight, maintained in good re . air j.. Window Sash Properly fitted and weather-tight k. Hardware Doors with proper hardware and maintained in ood condition L Screens Are screens in place (not required with central Ale and heating m. Protective Treatment All exterior surfaces protected by painting or other protective covenn n. Accessory Structure Accessory structures maintained and in lzood reoair o. Interior Doors Properly fitted within frames p. Interior Floor,W aIls, and Ceiling Floors and walls in good repair q. Structural Support Structural supports maintained in good repair and capable carrying loads as desi ed r. Gutters and Downspouts Gutters and downspouts maintained in .!!ood reair 13. Occupancy Standards, Dwellings lI!I "" = .~ -.. U1 s: - .- = ~ - o z CQrrectiveAction Required = <:> .~.~ ;) =:.- Q"" ....... "" =.:0 ~u Description D 100 I Prn."",..~r'~.(.Q,;.ptPOl'\,,~~:l"'pJnrdt"'T t".C~T1Y':ct . 'Rpv '/ll/n", . Exceeds 250 SQ ft for 1 st persQn, and 200 .ft for additional inhabitant ratio 14. Minimum Ceiling Height Meets requirements of Building Code at the time of construction. (7ft current) 2 Description - .... = ~ ....... Corrective Action Required ~., More thanA unrelated. ersons Square footage of dwelling sq ft Mmml1nnceilin 15. Pool Maintenance Pool in place Pool properly maintained so as not to create a health or safe hazard 16. Occupancy of Space Below Flood Elevation Habitable space below tloodelevation 17. Residential Parking Facilities Parking area made of improved surface and mood rem 18. Boat Houses Is there a boathouse Maintained in good repair and surfaCes otected from the elements 19. Sanitation Requirements All areas kept in clean and sanitary condition Nuisance or fire hazard All Structures regularly maintained and free of infestation Plumbing fixtures maintained in c1eanand sanitary condition W. Smoke Detectors ft 00 DO Smoke detector mpIace to meet Buildlllg and Fire Code tuirements W'ithin every dwelling and lor dwelling unit: Ceiling or wall mount centrally located in the corridor or area giving access to each group of rooms used for slee . o DO -:---~:;i,~'~:~~7,~,~ft,~,tf').rn~' R.py.. '11:l/0, " nf~ ,~~ Description lII'J lII'J - = ... ~ = ...... ~ .~ ...... f;;;;l 0 .>i z Corrective Action Required Dwelling or dwelling units with more than 1 story:Detectorsreq~d on each level including basements but excluding attics, and close to stairway leading to floor above Split-level without an intervening door between levels: Detector installed on upper level, provided lower level is less than one full stobelow u; level Overall Comments: while on .site observed that the fascia was damaged and there werc.sev.eral broken windows in the rear of the home. Prnnp.rtv M~lntp.nRnf'"P;I()TnP.t' to r:mTf':f'".t R P'V 7111l0" Sec. 22-231. Compliance with housing standards. All dwelling units whether occupied or unoccupied, shall comply with the requirements of this Section as hereinafter set forth: (1) Sanitary facilities required. Every dwelling unit shall contain not less than one kitchen sink with counter work space, one lavatory basin, one tub or shower, and one commode, all in good working condition and properly connected to an approved water and sanitary sewer system as approved by Collier County or the Collier County Public Health Department, as applicable. Every plumbing fixture and water and wastewater pipe connection shall be properly installed in accordance with the Plumbing Code and maintained in good sanitary working condition, free from defects, leaks and obstructions. Every plumbing fixture shall be located within the dwelling unit, and be accessible to the occupants of the dwelling unit. The commode, tub or shower, and lavatory basin shall be located in a room affording privacy to the user. (2) Hot and cold water supply. Every dwelling, or dwelling unit, shall have connections to the kitchen sink, lavatory basin, tub or shower, and an adequate supply of both hot and cold water, all in good working condition. All connections shall be supplied through an approved pipe distribution system connected to a potable water supply. (3) Water heating facilities. Every dwelling unit shall have water heating facilities which are properly installed and maintained in a safe and good working condition and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, and bathtub or shower, at a temperature of not less than 120 degrees Fahrenheit. (4) Heating facilities. Every dwelling unit shall be equipped with heating equipment which shall be capable of safely and adequately heating all habitable rooms to a temperature of 68 degrees Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating equipment shall be installed and connected to electrical circuits as prescribed in the Electrical Code unless such equipment is approved by a nationally recognized testing agency. Unvented fuel-fire heaters shall not be used in any location unless equipped with an oxygen depletion sensing system (DOSS). Any appliance that has been converted from a vented to an unvented heater shall not be used under any conditions. (5) Cooking equipment. Every dwelling unit shall contain an operable stove or range and refrigerator. All cooking and heating equipment and facilities shall be installed in accordance with the Building, Gas, and Electrical Codes, and shall be operable and maintained in a safe, working condition. (6) Garbage disposal facilities. Every dwelling unit shall have adequate garbage or rubbish disposal facilities or garbage or rubbish storage containers. (7) Light and ventilation. Every habitable room of a dwelling unit shall meet the minimum size and access requirements of the Building Code. (8) Bathroom. Every bathroom of a dwelling unit shall comply with the minimum light / 1 and ventilation requirements for habitable rooms except that no window or skylight shall be required in adequately ventilated bathrooms equipped with a mechanically ventilating air system. (9) Electric lights and outlets. Every dwelling unit shall be wired for electric lights and convenience outlets, all in good working condition. Every room shall contain at least one wall-type electrical convenience outlet as specified in the provisions of the Electrical Code, in effect at the time of violation. (10) Light in public halls and stairways. Every public hall and stairway in a structure containing three or more dwelling units shall be adequately lighted at all times. Structures with less than three dwelling units shall be supplied with a conveniently located light switch that controls an adequate light system that can be turned on when needed if continuous lighting is not provided. (11) Electrical systems. All fixtures, convenience receptacles, equipment and wiring of a dwelling unit found in violation shall be installed, maintained, and connected to a source of electrical power in accordance with the provisions of the Electrical Code, in effect at the time of violation. (12) Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. a. Foundation. The building foundation walls or other structural elements shall be maintained in a safe manner and be capable of supporting the load which normal use may place thereon. b. Exterior walls. The exterior walls shall be maintained free from holes, breaks and loose or rotting material. Such exterior walls shall also be substantially weather tight and weatherproof, and surfaces properly coated as needed to prevent infestation and deterioration. Decorative features such as: cornices, belt courses, corbels, trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage. Any graffiti shall be removed or repainted to match existing surfaces. c. Roofs. Roofs shall be maintained in a safe manner and have no defects which might admit rain or cause dampness in the wall or interior portion of the building. d. Means of ingress/egress. Every dwelling unit shall have a safe, unobstructed means of ingress/egress leading to a safe and open space. A second means of escape or egress may be required in accordance with the Building Code as amended by Collier County. e. Attic access. Access to the attic shall be provided by means of an access panel within the dwelling unit. This provision does not require tenant access. f. Stairs, porches, and appurtenances. Every inside and outside stairway, stair, porch, and any appurtenance thereto, shall be maintained in a safe condition, capable of supporting a load that normal use may place thereon, and in accordance with the Building Code as enacted by Collier County. 1& g. Protective/guard railings. Protective/guard railings shall be required in the manner prescribed by the Building Code. Such railings shall be maintained in good condition and be capable of bearing normally imposed loads. h. Handrails. Handrails shall be required in the manner prescribed by the Building Code. L Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. j. Window sash. Window sashes shall be properly fitted and weather-tight within the window frame. k. Hardware. Every door shall be provided with proper hardware and maintained in good condition. I. Screens. Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. Protective treatment. All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition. o. Interior doors. Every interior door shall be properly fitted within its frame. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. Structural supports. Every structural element of a dwelling unit shall be 13 (13) maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. Gutters and downspouts. Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. '4 3944372 OR: 4152 PG: 0300 RlCOlDlD in OPlICIAL RlCOlDS of COLLIIR coum I FL 12/12/2006 at 08:32A1 DVIGHf I. BROCI, CLIRI RlC FBI 18.50 DOC-.70 .70 Preoared bv and return to: Retn: ROGIR BRIel 9010 STRADA STILL CT '207 HULlS PL 34109 Leodil Mejias 440S ISIh PI SW Naples, Fl34116 rspacc Above This Line For Recording Data] Quit Claim Deed This Quit Claim Deed made this tj1h day of December, 2006 between Linnette Barrett, a single woman and Leodil Mejias, a siDgIe man whose post office address is 440818" PI SW Naples, Fl34116 grantor, Linnette Barrett, a siDgle woman whose post office address is 4408 1811I PI SW Naples, Fl 34116 , grantee: NO/I 00 DOLLARS ($10.00) and other good hereby remise, release, and quitclaim t claim and demand which grantor has Florida to-wit: SIGNA TURES INTENTIONALLY APPEAR ON NEXT PAGE Quit Claim Deed - Page 1 Doublenmee J5 t*t OR: 4152 PG: 0301 *t* In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: (1run~({i~ Witness Name: Y()~12~OO~ Linnette B (Seal) ~~ Witness Name: A.4AJU.ene /lioeA[) ~~~<"l2-~ Witness Name: Y\Vll,"Q.t\J:i ~m5 . /t~ ~ Leodil Mej ias (Seal) [Notary Seal] Witness Name: /4 6 by Linette Barret and Leodil Mejias , M. PINERO MY cotM88ION I DO 5S39IS EXP1A&S: Nay 1', 2010 ....... tMi..., PiiIilt \ll'aNlIIlI M/hIZt.b1-c htIfJ ~O My Commission Expires: v:. I tf. /0 Quit Daim Deed - Page 2 DoubleTlmee [(0 BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~ Petitioner, vs. Case No. CEPM20080015499 Linnette Barrett Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, 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 CEPM20080015499 dated the 22 day of October, 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 3-26-09; 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. Broken windows and damaged fascia. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Owner must repair all broken windows and damaged fascia so that they are weather-tight and weatherproof within 7 days of this order or pay a fine of $250 dollars until 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 "iolation 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. \a\ .(9 Responden~presentative (sign) J21/~ -?- Y Diane Flagg, Director Code Enforcement Department 3IdJ~9- Date ~lth Q.,r~ resentative (print) - ~4~A>9 Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Board of County Commissioners, Collier County, Florida vs. Linnette Barrett 26616 Saville Ave Bonita Springs,FL 34135 Violation ofSection(s) Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-23 I (12)(c ),(12)(i) Renald Paul, Code Enforcement Official Department Case No. CEPM20080015499 DESCRIPTION OF VIOLATION: Broken windows and damaged fascia. RECOMMENDATION: That the CEB order the Respondent to pay all operational costs incurred in the prosecution of this case and abate all violations by: I. Owner must repair all broken windows and damaged fascia so that they are weather-tight and weatherproof within X days of this order or pay a fine of X dollars until abated. 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. CEPM20080015499 Linnette Barrett Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, 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 CEPM20080015499 dated the 22 day of October, 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 3-26-09; 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. Broken windows and damaged fascia. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $89.00 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: ~~ ~ a) Owner must repair all broken windows and damaged fascia so at they are weather-tight and weatherproof withi~ days of this order or pay a fine of $250 dollars til abated. 3D 3) Respondent must notify Code Enforcement witnin 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 \/Iolatlon 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. 'Q\ .<':J Responden~presentative (sign) fh~ --?- ~r .....-- ~"h CL'r~ resentative (print) - ~4~/tJ 9 Date REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Legacy Capital Trading Co. Inc., Respondent Sandra P. Llorca, Title P, Registered Agent DEPT No. CESD20080015190 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080015190 vs. LEGACY CAPITAL TRADING CO INC, 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: 03/26/2009 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: 505 GOODLAND DR W Goodland, FL SERVED: LEGACY CAPITAL TRADING CO INC, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seean disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con Jas comunicaciones de este evento. Por favor traiga su propio traductor. AveUsman - Tout odisyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. :1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080015190 Legacy Capital Trading Co Inc Sandra P Llorca, Title P, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) Collier County Land Development Code 2004-41, as amended, Section 10.02.06(B)(l)(a) 2. Description of Violation: A wooden dock constructed/erected without first obtaining the authorization of the required Collier County building permit(s), inspections, and certificate(s) of occupancy or completion. 3. Location/address where violation exists: 505 Goodland Dr W Goodland Fl. 4. Name and address of owner/person in charge of violation location Legacy Capital Trading Co Inc, Sandra P Llorca, Title P 4484 Arnold Ave Naples, Fl. 34104 5. Date violation first observed: October 13, 2008 6. Date owner/person in charge given Notice of Violation: November 18,2008. By signed certified mail return receipt 7. Date onlby which violation to be corrected: December 15,2008 8. Date ofre-inspection: January 30,2009 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this Lday of March, 2009 t{a~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER March ,2009 by (S gna 0 Notary Public) . Personally known ~duced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) & REV 3-3-05 Case Number: CESD20080015190 Date: October 27,2008 Investigator: Ed Morad Phone: 252-2441 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: LEGACY CAPITAL TRADING CO INC C/O SANDRA P LLORCA TITLE P 4484 ARNOLD AVE NAPLES, FL 34104 Location: 505 GOODLAND DR W Goodland, FL Unincorporated Collier County Zoning Dist RSF-4-GZO Property Legal Description: Goodland Isles Blk A Lot 1 Folio: 46370040000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) __The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Colli~!9()unty Building code or this Code are in accord with the requirements of this Code, and no -- biJildiifg-or' laild-alteratioripermlt 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 pennit shall mean any written authorization to alter land and for which a building pennit may not be required. Examples include but are not limited to clearing and excavation pennits, 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 pennitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as -- required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: A wooden dock constructed/erected without fist obtaining the authorization of the required Collier County building permit(s), inspections, and certificate(s) of occupancy or completion. -..-- .---.--.----..--".--- ._,- ---. -----ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements. Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion within 60 days after the issuance of the after the fact permit(s). Or obtain a Collier County Demolition Permit and demolish the dock. ON OR BEFORE: 12/15/2008 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: Q p/4~ Investigator Signature Ed Morad INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 3 1J !'> :-" . . en :l> 0 ~en1J;::;:() "T1 -,:, 'l> ;:l. ... ~O:J.CDO 0 n" g~~;a.33 3 iD .. ::T !a '< .!l-"2- (,,) ~ ~~:Eg::;;s. CXl ...,J z:t~r-o 0. =rCirCD;~:: ...... CI ~~~mrn - Cil ...... 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CD ~ ll> ~ iil ;a '" 0. ;: '" '" 0;- CD '" -< CD .. CD CD 0 ~,. LJ COlliER COUNTY lAND DEVELOPMENT CODE Republished by Order of the Board of County Commissioners Adopted: June 22, 2004 Effective: October 18, 2004 MUNICIPAL CODE CORPORATION Tallahassee, Florida 2004 5 10.02.00 APPLICATION REQUIREMENTS Page 1 of2 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Developmentof regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that Issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered ,utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, http://library2.municode.com/default/Doc View/l 3 992/ I /66/68 2/2/200/s:; 10.02.00 APPLICATION REQUIREMENTS Page 2 of2 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 http://library2.municode.coml default/Doc View/l 3 992/ 1 /66/68 2/2/20091 Book 3787 - Page 1818 Page I of I 4fy ~Darrd 0..' a.:.d rC1wn-'2: Legacy Capieal Trading COmplUI)'. 1m:. 4484 Arnold ^ \'enl.le Naplie~, Fl.. .\4104 ttt 3607472 OR: 3787 PG: 1818 * UCQRDU tJl omCIlL lIOORDS of COLLm COttRTl, n o-~/a2:l2.oos at 01: 2 Ell DrlCl'l' I. 110=1., eLllr eOls tS~DG.OO lie PII 10.00 Doe~.7' I'~.OO corus 1. 00 WIse 1.50 let!: IJGlC! Wlfl& !'UOllG ca tnt UlQJ.:D III npU5 PI. 31m --- _._~~._fSll~:c Ah.~." 11". Lin~ (7,..... R""'~'~"I~ D~I1l:___..~_ Quit Claim Deed Tbis Quit Clajm Deed made tbis. 2811ll d~tY of April, 2005 bctweo.en Este-ball Rami.re~ a married man , ""'hose:: addl'C'ss is. 505 Good land Dri \'c Go-odland, Florida 34 ! 40 grantor, and Legacy Cap,itaJ 'hading Company~ [DC', whose <JffiC':c address is 4484 Arnold Avenue N;.tplcs. Florida 34! 04 grantee: (WhPtlf\,~r ....,...f 11(1<:1'1 llKo 'crn~ -gram",," anI!: 'Pllb!r,. '"l'1uc~~ LlI [h~ p..nll"> "~ tillS. m~~"Il"-'nl uJ:! :he hc'ft. ICLlal "'pr~'I&lI>'C1. Jlld 1I$,.'\Il'Ii or ""dl.'iluiols.and ItAl! sw..,.ts'"r' alld aUL!:"'," C'.~lllJn'- ~r"il~.~,'d 'rusl'-'l;~ Wimessetb, thaI said gnn[(Jt, for and in ('Ol'lSidl'ratl~m of tile- ~lJm rE~ ANI) NO:JOO DOLLARS (SJQ,OO) and ()1hc!r good an.1 \'4ilUilble c02U.id:er:nir.m to gjd g.ramor ID hand raid b>> said l~r.!;nte<:'. tbe rc:cc1f)1 \\'h~TC"Qf is hereby ad:n()\I,oledgcd, doa llotreby n::mES;t~. 'tle::r~e. 1Ind: quj,da im to the saId g.fllnl('e', and gr:l.tuel."'S be-lIS 2nd 118liJ~.T.1s fO[t'.!\'er, aU the ligEn. tllle. intc:rcsc, dil.lm and demz:nd l'lbieh g.1ilTltor ba.s. in ~[1d \0 the- (GlltJ\\'1lI:g described WId, S.il:ttllle, l)llDg 2/t'ld b:ing in, C(~llier Count~.. Florida tOo-wit; Lot I. BLock A. Goodland lsles. accordmg Lo fue pllU. thcrco,f~ as recorded tl1 PIal Book 6. page 7, MIne Public Records ofColiier County, Florida To Ha\'e and 10 Hold. rbe same tottlller wilh all llll.d smguJar the ilwunC'oliinces, tbe-reto bcl~I[lg.lng Of in :Imywu:e appc:mrtntl'!g. find lllrl tJo..c i.'~tI!l~, ngb:. [itlc, 1111e-rest. li~l'I. e'1lllly and daim whalsoe\'~t' of grnDtOr'i, c-ither In law Of e-qq~I)'. for I&le 1ll5e. b!:1Il1;?f!r ilnd profit Qf rhe Sil;Ld gr&m~11 f{lrever. In \\'itness ""'bereof. gmr.:tor ha:;.IH!~!.'lLt1tO SJ::[ !:li:trlllJr's ban:: and '1;:,,: lite day i!;tld Yl;'-iIr fint a.beyr: VLT.ltten. Signed. ieal('d lInd dC'~L\'l!ll!.:.! Iii (lJJf pfl::~L'"n~t" .1~.~__~t>-...~~_f(~~ \\'ltnC5S NilIme: t:'~~~.rJ.L~.u.f 2~~ ___ Wllndb Kame.; -EyAt'l....su:....:ar t __ State: (If COUIIl1:Y I)f .( , ..,4~ ci ~.__ _ .~ - Tlu5 iJl:Slrum~nt ad:no\\'If!(lg~d be{or.: Itl\' :~l1S 18th da~' ,~f Aprll. 2005 h~ t5tcl)an Ratttiffz '_ Who ~~l!~' kno:.~~~ ('It \\'ho has Jl!l)J,I('d _ _ __ _ _ .. .J.........-..~ J"h.. ~J-.(~-..j ~~i~~-:-r;;b~ . _. - - .-.., _. - --. --- Sta.te of .. _... ::.i:it'b.. =turC:1! Ll w..-.... ~f a~ identificilItLi"In http://www.collierappraiser.comlviewer/Ima!!e.asD ?Percent=&T m age TD=179 S? 7 lnn7nnnR ~ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080015190 Board of County Commissioners, Collier County, Florida Vs. Legacy Capital Trading Co Inc Sandra P Llorca, Title P Violation of Ordinance/Section( s) Collier County Land Development 2004-41, as amended, Section 1O.02.06(B)(1)(a) Code Enforcement Official Ed Morad Department Case No. CESD20080015190 DESCRIPTION OF VIOLATION: A wooden deck constructed/erected without first obtaining the authorization ofthe required Collier County building permit(s), inspections, and certificate(s) of occupancy or completion. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Being in compliance with Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements within_days of to day's hearing or a fine of_a day will be imposed. Must request/cause all required inspections to be performed and obtain a certificate of occupancy/completion before the violation is considered abated. 2. If the respondent's elects to remove the unpermitted improvement/structure they must first obtain a Collier County Demolition Permit within days of today's hearing or a fine of a day will be imposed. The respondent must execute said permit by removing all non-permitted improvements and all resulting debris to a site intended for final disposal, obtain all required inspections, and certificate of completion before the violation is considered abated. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order REV 1/5/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Klemco, LLC, Respondent Goodman Breen & Gibbs, Registered Agent Kenneth D. Goodman, Registered Agent DEPT No. CESD20090002071 ITEM PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090002071 vs. KLEMCO LLC, Respondent(s) GOODMAN BREEN & GIBBS Registered Agent KENNETH D. GOODMAN, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: Olde Cypress Subdivision Folio #00185880006 SERVED: KLEMCO LLC, Respondent Goodman, Breen & Gibbs, Registered Agent Kenneth D. Goodman, Registered Agent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090002071 Klemco LLC, RiA Goodman, Breen, & Gibbs, RiA Kenneth D. Goodman, Respondent(s) STATEMENT OF VIOLA nON AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance 2004-41, the Collier County Land Development Code, Sections 10.01.02(B)(2), & 10.01.02(B)(2)0). 2. Description of Violation: Property was semi-developed during SDP application under Early Work Authorization (EW A), and then subsequently abandoned. 3. Location/address where violation exists: Olde Cypress Subdivision, Folio #00185880006 4. Name and address of /person in charge of violation location: Kenneth D. Goodman, 6622 Newhaven Circle, Naples FL 34109 5. Date violation first observed: February 26th, 2009 6. Date owner/person in charge given Notice of Violation: February 27th, 2009 7. Date onlby which violation to be corrected: March 12th, 2009 8. Date ofre-inspection: March 13th, 2009 9. Results ofRe-inspection: Still in violation 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 13th day of March, 2009 ~.~ e etoumeau Code Enforcement Supervisor STATE OF FLORIDA COUNTY OF COLLIER (Print/Type/Stamp Commissioned Name of Notary Public) Personally known L./ or produced identification _ Type of identification produced NOTARY PUBIlC-STATE OF FLORIDA .........." Indira Rajah (W.~ Con:mission I DD727241 '~$ ExplI'es: DEC. 07, 2011 BONDE]) THRU ATLANTIC BONDING co., INC. REV 3-3-05 Q COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Case Number: CESD200S0002071 Date: February 27, 2009 Investigator: Jeff Letourneau Phone: 252-2341 c:Z~ " --- //" Owner: KLEMCO LLC 3838 Tamiami TRL N STE 300 Naples, FL 341033590 Registered Agent: GOODMAN BREEN & GIBBS R.A 3838 TAMIAMI TRAIL N. SUITE 300 NAPLES, FL 34103 Goodman, Kenneth D 6622 Newhaven Cir Naples, FL 34109 Location: Unincorporated Collier County Zoning Dist: RPUD Property Legal Description: 21 4826 E1/2 OF SE1/4 OF SW1/4,LESS RNV & OR 3579 PG 3893 Folio: 185880006 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, Sections 10.01.02 (B)(2) & 10.01.02(B)(2)0) The County may issue an Early Work Permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: The approval is good for 60 days with the possibility of 2 ea. 20-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded. Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Property was graded and ponds dug during Site Development Plan Application,. Site Development plan was subsequently abandoned. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must grade even the entire property, filling in all ponds. Must then hydro-seed entire property and provide irrigation to promote survivability of hydro- . seeding. Initial Inspection ON OR BEFORE: 03/12/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE 3 DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-2343 !lsS61ftNt- y ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONIf\lG DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 5 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.01.00 i 0.01.02 B.2. 1 0.01.00 GENERALLY 10.01.01 Purpose 8H"ld Intent [Reserved] 1 0.01.02 Development Orders Required A. Development Order Required. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP, SIP, Construction Drawings, or SCP, except where early work authorization has been approved. B. Early Work Authorization (EWA). 1. An EWA permit may be approved by the County Manager, or designee, for one or more of the . . following activities: a. Vegetation removal (site clearing); b. Excavations; c. Site filling; d. Construction of stormwater management facilities limited to ponds, retention! detention areas, interconnection culverts, and swale systems; and, e. Off-site infrastructure. f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05.0.; b. County right-af-way permit has been approved; C. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00; d. An excavation permit has been approved; e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02. C.; f. C()pies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; h. Posting of a Revegetation Bond of not less than $2,000.00 nor more than $5,000.00 per acre dependent on the character of vegetation being removed; i. Assurance that all underlying zoning approvals are in place (e.g. PUD, C.U., etc.); Supp. No. 2 LDC10:3 ~ COLLIER COUNTY LAND DEVELOPMENT CODE 10.01.02 B.2. 10.01.04 A.3. 1. This approval is good for 60 days with the possibility of 2 ea. 30-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded; k. The developer must clearly state his understanding that all such preliminary construction activities are at his own risk; I. Provide assurance that the schedule of development activities created in accordance with the VRSFP, will commence at the time the EWA is issued, and will be a part of that 18 month time frame as set forth in Section 4.06.04 A 1.a.vii.d. (Ord. No. 05-27, 9 3.RR) 10.01.03 AppficabHity and Exemptions [Reserved] A. Generally B. Exemptions 10.01.04 Fees Required A. Fees and administrative surcharge for wellfield permits. 1. Fees. ~ a. The board shall establish, by resolution, an application fee for certificates to operate and wellfield conditional use permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b. It is the intent of this section that the cost of implementation be borne wholly by the regulated development. 2. Administrative surcharge. a. The board may, by resolution, impose a surcharge on: i. Revisions and modifications of certificates to operate and wellfield condi- tional use permits; and Ii. Appeals from adverse administrative determination. b. The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the application, petition or appeal and reasonable costs. It is the intent of this section that such costs are wholly borne by the regulated development. 3. Fee schedule. The fee schedule for applications for certificates of operate, petitions for werlfield conditional use permits, appeals from adverse administrative determinations, and revisions and modifications to any of the same, shall be posted in the office of the county manager, the department and shall be on file with the clerk to the board. Supp. No.2 LDC10:4 1- IV v/ Nominal Considera~ion Minimum State Documentary Stamps: .70~ . This instrument was prepared without legal opinion by and, after recording, should be returned to: 4251489 OR: 4420 PG: 2781 RBCORDBD in OFFICIAL RBCORDS of COLLIBR COUITY, PL 01/16/2009 at 12:20PK DWIGHT I. BROCI, CLIRt RlC III 27.00 DOC-.70 .70 Kenneth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 Retn: GOODW BRIER ., AL 3838 TAXIAll TR I '300 RAPLlS !L 34103 UIT -CLAIM DEED THIS INDENTURE, made this /{J day of January, 2009, between LoNNIE L. GooDMAN, AS TRUSTEE OF THE GooDMAN INVESTMENT TRUST DATED DECEMBER 8, 2008, County of McIntosh, State of Oklahoma, Grantor * ,and KLEMCO, LLC, a Florida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee * . WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the said Grantee, and Grantee's heirS~d--~~. :PJ;'~, the following described land, situate, lying and being in Collier County, E1Qrid~~&~Ai,- U (Ii\ >'-... / r...... \,..-';.'/'- ~ \' r. ....." / " '\.-) ,/ ,,-( t ';'\ Parcel A: / v/' ""-'it" I /r~\ r-, \ \ The East 165 feet of "the ,East~of th~ East \112 of\\he Southwest 1/4 of the Southwest 1/4, Sectidn 21~V{n..sa~8~~t:k~~~26 East, Collier County, Florida, less the South. lOOt' re fuee'NitneredffDf r,~djckcr\.c';M' ' \ I rig I. ht-of-way. , I L1 ( I 'i ~ \\. ! I \ \ 11 \ \ i I I ({, \') ~ I r i And \ ('1 \ \,-...-/ ''-~,/ ~-1:: L J:::; I \.1- \ '\"'I '\ / ...;..,/' \c...A\ :Lt, 1 ,--" The West 165 feet ot~ 'East 1/2 <?f the E~4nJ 1~/Southwest. 1/4 of the Southwest 1/4 of Sectlo~~ \:~. ownship 48 Soutb~n~'-Z6 East, CollIer County, Florida, less and except tli,~~..< 100 feet thereof~{i9atl and canal right-of-way. """"t' ')-,. . ~, ) . / And '-~ ~./ The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet thereof for road and canal right-of-way. And The West 112 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and being in Collier County, Florida; ~ OR: 4420 PG: 2782 Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Less and excepting a parcel herein described as commencing at the South 1/4 comer of Section 21, Township 48 South, Range 26 East; thence run North 00005' 10" West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02. feet: Thence run North 5r41'53" East for a distance of 15.82 feet; Thence run North 43011'04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51013 '31" East for a distance of 49.97 feet; Thence run North 48050'11:: 9sVf~Q.f62.74 feet; Thence run North 41017' 38 ~a~!JQrJL'\i~le:~f~.11 feet; Thence run North 55019'y('~rfor a dlS~f4ti'~feet; Thence run North 5904Q4~/East for a distance Of'2;,~4 feet; Thence run North 81 oQ2'I}'; ~f01\.a dis~F~ of 30\89~et; Thence run North 850/1 9' ~'7" Ea-s"l4.pr >4!stanc~ of 31. '5 f<;et; Thence run North 80b56',5~s}"~~~~ei#v fert; Thence run North 79b 18.!i~.9r East forla.~hs!t:JlC : ()l!.22 fe~.t; Thence run North 66b 15\~6t 9~t !or,ail~. ce 0~4~.5$~~t; Thence run South OO\04'~st-.f~di's ce oF~.5Ueet; Thence ru!l North 8? ~~" West for a dis~e ofj 33.9' S /feet; To the Pomt of BeglI1.IH.,I!,a; \ ~~ / / ''""'.. ,.I \/.<:. '\, ~ Y ./-,-"~.. / Together with the fOllOW)rli\~~~(~~ )./ The Southeast 1/4 of the ~flsIII/4)i~~~~west 114 of Section 11, Township 48 South, Range 26 East:-COUierC"ounty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11. Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II. ~ *** OR: 4420 PG: 2783 *** SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2009 and subsequent years, Prior Instrument recorded in O.R. Book J{Lj 18 , Page .3981 TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit and behoof of the Grantee forever, * "Grantor" and "GranteeM are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above written, uJ J (j/ cJcJJt~ cd- ~ .~___ ~NNIE L. GOODM , AS TRUSTEE OF THE ./~bR Ct&99~ INVESTMENT TRUST DATED /"'.{ '--'j,....:---ljt~ER 8, 2008 /. f .'\j.-' ,/ ......""~ ",l'l r-';', / (~>//"-.!-,, \. ,/ . ,j/r;---\ ."-., \ \ t/ \,.... ~ ~ \ . \ \ f I ,~..-.... I. \ \ I I L/' ~ \ '\ ! /~ ,.<r:..,-. '. ~'-,.n '\\ \'77\ \ ! .;! \J{ 1- I \ I ~) ~ I( \ I \ r, \\ LJ\ "-.j )) !;l ~1, J f-.. ! \'~ J.,\~....'~ \ -a;.- f,~~J STATE OF OKLAHOMA \~\\ l~ I /~~/ \/I..J '\ ?<!"t I /01 COUNTY OF 1:;1 e... ~ S H\-/f:.- " ' "-7',,/ C,/ -- ,.\ ... ',../ ... r\ '-... ...."'" 1 / '~J '" ,~ / '<~'I'> /,":--'---<\"'1 ';/ The foregoing instrument wa~C~~~fe' me this ! {l-~ day of January, 2009, by LoNNIE L. GooDMAN AS TRUSTEE OF THE GoODMAN INVESTMENT TRUST DATED DECEMBER 8,2008, who iSlis personally known to me or 0 has produced a driver's license as identification, and who did take an oath. Signed and delivered in our pres~nce: ~tA 1 /~i ^-~/<~ '/ '- " :., NOTARY PUBLIC: \"\.,,,'~I"~~IIJ'.I.11: \ J ~ .f'~'~ 6;:AI/-?'6.,'~ ~ Sl'gn 1.,. . i .... J.. \~ jlt~ }--"'_~.1 ~ ~)E~~:~~;2}<,j . q I I . %-:;'\.0 G /gg PrInt N"::'I'T"'f! HA-Tr.y),c,t-- ~~.)-~."...~~.h-~.."~~~,f -4-f- ~ "'~, OF oot..\.. "....,... ! 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Direct Line: 23D-552-1.lO() ljs@swbw-law.com March 6, 2009 Mr. Gerald Lefebvre Code Enforcement Board Collier County Florida 28 North Horseshoe Drive Naples, FL 34104 Re: Fifth Third Bank / Empire Developers Group, LLC / Board of County Commissioners, Collier County, Florida Gentlemen: Please be advised this firm represents Fifth Third Bank. Fifth Third Bank is in the process of foreclosing on a parcel of property owned by Empire Developers Group, LLC, against which the Board of County Commissioners has filed a code violation lien. A copy of the Amended Findings of Fact, Conclusions of Law and Order of the Board pertaining to this parcel is transmitted herewith for your reference. At your earliest convenience, I would appreciate your advising me as to whether the violation set forth therein has been cured; and, further, if the fine has been paid. If the matter has been cured and the fine not paid, I would appreciate you advising me as to the amount remaining outstanding on the fine so the bank can consider whether it wishes to advance the funds necessary to pay the fine at this time. I look forward to hearing from you. As always, if you should have any questions, please do not hesitate to call. Respectfully, SALVATORI WOOD, BUCKEL & 10 MILLER LJS/wh cc: Mr. Klay Schmeisser (via e mail) Andrew J. Wozniak, Esq. (via email) PreLaw: 198516 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. Klemco LLC, RIA Goodman, Breen, & Gibbs, RIA Kenneth D. Goodman Violation of Ordinance 2004-41, the Collier County Land development Code, Sections 10.01.02(B)(2), & 10.01.02(B)(2)G) Jeff Letourneau, Code Enforcement Official Department Case No. CESD20090002071 DESCRIPTION OF VIOLATION: The property was semi-developed during SDP application under Early Work Authorization (EW A), and then subsequently abandoned. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: I. Allowing the County to immediately abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. All costs of abatement to be assessed to the property owner(s). REV 1/5/09 \ )/ 1 'd" v Nomina Cons~ era1i:.~on MinimuJD State Documentary Stamps: .70~ This instrument was prepared without legal opinion by and, after -~':ording, should be returned to: H.enneth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 4251489 OR: 4420 PG: 2781 RECORDID in OFFICIAL RICORDS of COLLIER COURTY, FL 01/16/2009 at 12:20PM DiIGBT B. Bioel, CLERt DC FBI 27.00 DOC-.70 .70 Retn: GOODIW BUn IT AI. 3838 flKIlKI fR I '300 HAPLlS PL JU03 fiT -CLAIM DEED TffiS INDENTURE, made this / {J day of January, 2009, between LoNNIE L. GooDMAN, AS TRUSTEE OF THE GOoDMAN INVESTMENT TRUST DATED DECEMBER 8, 2008, County of McIntosh, State of Oklahoma, Grantor * , and KLEMCO, LLC, a Florida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee*. WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the said Grantee, and Grantee's heirs an . s~ f, the following described land, situate, lying and being in Collier County, H6rid~\;t~ Ull >- I/OV~ ~'/' Parcel A: / % ~ The East 165 feet ofihe fEas~~Of e Eisf(\1I2 ofthe \~outhwest 1/4 of the Southwest 1/4, Section 2).r:~ns .. 8~B~~~'26 East, Collier County, Florida, less the south.. l00( f teet-'t6ere9'f WI r~a )~ct\l~l. right-of-way. \ i I 1\ I J l \;.U' - I And '\(1 \\.Y ~ . ;i J. !-. I \~\ " ~ ;~I The West 165 feet of\~ 'East 1/2 of the E~I ~~/Southwest 1/4 of the Southwest 1/4 of Sectioi\~~ "Township 48 So~; ~ gS'26 East, Collier County, Florida, less and except tli~ ~~'rh 100 feet thereof~~oatl and canal right-of-way. " ~~~0- ~ ~~C~ . The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet thereof for road and canal right-of-way. And The West 1/2 of the East 1/2 of the Southwest 114 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and being in Collier County, Florida; ~ OR: 4420 PG: 2782 Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Less and excepting a parcel herein described as commencing at the South 1/4 corner of Section 21, Township 48 South, Range 26 East; thence run North 00005' 10" West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02 feet: Thence run North 5r41 '53" East for a distance of 15.82 feet; Thence run North 43011'04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51 013' 31" East for a distance of 49.97 feet; Thence run North 48050'11" Ea$t-~Q.f 62.74 feet; Thence run North 41 017'38'~tJQbt~lc:~~3.11 feet; Thence run North 55019i;tt~;.,tlor a dis~cff.(36~2 feet; Thence run North 5904Q-4V/&st for a d~stance of'2~t.'4;feet; Thence run North 81 o<)'2'IY :PasHO'!'"a d~s~F~ of 30~9 ~~et; Thence run North 850/19'~7" em~r ~~Stari'~5 of 31.\5 ft;et; Thence. run North 80b956'S~SY~' ~~~ft~\7 fert; Thence run North 79 181e9( Ea~tor\a dJSutDc~ q[ QJl.2~ fe~t; Thence run North 66tI51~6\ E~st ifj~d~umce o~ 4~.5~~rt; Thence run South 00 \ 64'l51~St- . ~ce 0~24.5Uret; Thence ru!l North 8? ~~7." " West for a dista'.~~ o~ 33.9:i7 /feet; To the Pomt of BeglIlIl\~ \, ~~~~~ T. th 'th th ~ 11 ~:f\h '" .~ C/ oge er WI e 10 OWirfg\~~. It1 ...gautulOnn. r P/ar~ ~ ~p~~r\)/ The Southeast 1/4 of the Soi:lth IsflI/()1!1o:e..-Nortbwest 1/4 of Section 11, Township 48 South, Range 26 East, . ounty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel n. q *** OR: 4420 PG: 2783 *** SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2009 and subsequent years. Prior Instrument recorded in O.R. Book "1'118 , Page ..3981 . TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit and behoof of the Grantee forever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year fIrst above written. Si,,,,,,... deli",,,, '" ':"' ""''f'''' ~ ' If,l s.:6 V"1 ../~.tt (t\.. O~~~M , AS TRUSTEE OF THE . . . lbR Cl!l9'~NINVESTMENTTRUsr DATED "7 I /' \." :'-~~ER 8, 2008 Typ< " ,,,", , of Wi . o. I / cP v '!.(A\ ~~'.'~_t1~/.!\"" _~ \ \ '~A~~~ .._""<:. \ \ \ VETT~ ~ l4ATrf' j~ j~G-1=(;l{~'n '\~t 'I ::~:O::=:: ~~@ I~..J~\/)F \~Jp\ ~~o7 COUNTYOF Jh:[~<;fkf\., ../<~~. ~Op~o/ .. The foregoing instrument wa~~dieie'f6re me this ! 6t~ day of January, 2009, by loNNIE L. GooDMAN AS TRUSTEE OF THE GoODMAN INvESTMENT TRusr DATED DECEMBER 8,2008, who iSlis personally known to me or 0 has produced a driver's license as identification, and who did take an oath. NOTARY PUBLIC: \,\'\t~IUH""I"",.1 , J ~ ",""~~""""...~;>-?;..'" S' J I ~' /~~"'~OlAI?J;',,,,:O(;>\ 19n v. . ~ >- ( # 04009147 f ~ c:J ~co\EXP.10107/'2f~~. V II, \~\,.... ,c..../Jj PrInt IV1:5/TrI rrA-Trln~(-- ...~ .....,r. ...,JJ8L..... 'tJ...~ ~ :.:.....,~; o;..'o'/..\)\~",~ ""'/flflllll"'''' My Commission Expires: \0/17/2.01 2. 10 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Klemco, LLC, Respondent Goodman Breen & Gibbs, Registered Agent Kenneth D. Goodman, Registered Agent DEPT No. CESD20090002075 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-7 8-10 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090002075 vs. KLEMCO LLC, Respondent(s) GOODMAN BREEN & GIBBS, Registered Agent Goodman, Kenneth D, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) lOCATION OF VIOLATION: Olde Cypress Subdivision Folio #00186000005 SERVED: KLEMCO LLC, Respondent Goodman, Breen, & Gibbs, Registered Agent Kenneth D. Goodman, Registered Agent Jeff Letourneau, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON IMTH 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 ::L COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20090002075 Klemco LLC, RIA Goodman, Breen, & Gibbs, RIA Kenneth D. Goodman, 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 2004-41, the Collier County Land Development Code, Sections 1O.01.02(B)(2), & 10.01.02(B)(2)U). 2. Description of Violation: Property was semi-developed during SDP application under Early Work Authorization (EW A), and then subsequently abandoned. 3. Location/address where violation exists: Olde Cypress Subdivision, Folio #00186000005 4. Name and address of /person in charge of violation location: Kenneth D. Goodman, 6622 Newhaven Circle, Naples FL 34109 5. Date violation first observed: February 26th, 2009 6. Date owner/person in charge given Notice of Violation: February 2ih, 2009 7. Date on/by which violation to be corrected: March 12th, 2009 8. Date ofre-inspection: March 13th, 2009 9. Results ofRe-inspection: Still in violation SI A IE 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 13th day of March, 2009 ~ -d,-- ef etoumeau Code Enforcement Supervisor STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before thiJ:3 day of/Y7/4Y, 2009 by Y7dv~' 8 \ (Signature of Notary Publi (Print/Type/Stamp Commissioned Name of Notary Public) Personally known t../ or produced identification _ Type of identification produced REV 3-3-05 NOTARY PUBUC-STATE OF FLORIDA ........"., Indira Rajah {W \Comnllssioll # DD727241 ~!"fl.l Expires: DEC. 07.2011 _ED TBRU ATLANTIC BONDING co.,!Ne. a Case Number: CESD20090002075 Date: February 27, 2009 Investigator: Jeff Letourneau ~. 41 ............--~ COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: KLEMCO LLC 3838 Tamiami TRL N STE 300 Naples, FL 341033590 Registered Agent: GOODMAN BREEN & GIBBS R.A 3838 TAMIAMl TRAIL N. SUITE 300 NAPLES, FL 34103 Goodman, Kenneth D 6622 Newhaven Cir Naples, FL 34109 Location: Unincorporated Collier County Zoning Dist: Property Legal Description: 214826 W1/2 OF SE1/4 OF SW1/4 EXC. S. 100FT 18.49 AC OR 388 PG 691 Folio: 186000005 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, Sections 1 0.01.02(B)(2) & 10.01.02(B)(2)0) The County may issue an Early work permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: The approval is good for 60 days with the possibility of 2 ea. 20-day extensions dependent on the reason for the inability to gain proper approvals. At that time, cleared areas must be graded off and hydro-seeded. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Property was graded and ponds dug during Site Development Plan Application,. Site Development plan was subsequently abandoned. ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Must grade even the entire property, filling in all ponds. Must then hydro-seed entire property and provide irrigation to promote survivability of hydro- seeding. Initial Inspection ON OR BEFORE: 03/12/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. 3 SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 --/ t1r0'.~ 4 ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 - ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGNAND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENTWITH VESTED RIGHTS, SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 1 0.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii 5 APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES i 0.01.02 B.2. 10.01.00 10.01.00 GENERALLY 10.01.01 Purpose and Intent [Reserved] 10.01.02 Development Orders Required A. Development Order Required. No on-site or off-site development or development related activities, including site preparation or infrastructure construction, will be allowed prior to approval of the otherwise required development order or development permit including, but not limited to: SDP, SIP, Construction Drawings, or SCP, except where early work authorization has been approved. B. Early Work Authorization (EWA). 1. An EWA permit may be approved by the County Manager, or designee, for one or more of the following activities: . a. Vegetation removal (site clearing); b. Excavations; c. Site filling; d. Construction of stormwater management facilities limited to ponds, retention! detention areas, interconnection culverts, and swale systems; and, e. Off-site infrastructure. f. Construction of a perimeter landscape buffer, berm, wall, or fence. 2. The County may issue an EWA permit for the allowed activities, subject to demonstrated compliance with the following criteria, as applicable: a. The proposed vegetation removal complies with Section 3.05.05.0.; b. County right-of-way permit has been approved; c. A determination of native vegetation to be retained for landscaping which would comply with Section 4.06.00; d. An excavation permit has been approved; e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02. C.; f. Copies of all approved Agency permits being submitted, including, but not limited to: SFWMD, ACOE, USFWS, and FFWCC; g. Determination of legal sufficiency of the EWA permit by the County Attorney's Office; h. Posting of a Revegetation Bond of not less than $2,000.00 nor more than $5,000.00 per acre dependent on the character of vegetation being removed; i. Assurance that all underlying zoning approvals are in place (e.g. PUO, C.U., etc.); Supp. No. 2 LOCi 0:3 lJ COLLIER COUNTY LAND DEVELOPMENT CODE 10.01.02 B.2. 10.01.04 A.3. j. This approval is good for 60 days with the possibility of 2 ea. 30-day extensions dependent on the reason for the inability to gain proper approvals. After that time, cleared areas must be graded off and hydro-seeded; k. The developer must clearly state his understanding that all such preliminary construction activities are at his own risk; I. Provide assurance that the schedule of development activities created in accordance with the VRSFP, will commence at the time the EWA is issued, and will be a part of that 18 month time frame as set forth in Section 4.06.04 A 1.a.vii.d. (Ord. No. 05-27, S 3.RR) 10.01.03 Applicability and Exemptions [Reserved] A. Generally B. Exemptions 10.01.04 Fees Required A. Fees and administrative surcharge for wellfield permits. 1. Fees. a. The board shall establish, by resolution, an application fee for certificates to operate and wellfield conditional use permits to cover the cost of the county's administration and implementation regulations and prohibitions of this section. b. It is the intent of this section that the cost of implementation be borne wholly by the regulated development. 2. Administrative surcharge. a. The board may, by resolution, impose a surcharge on: i. Revisions and modifications of certificates to operate and wellfield condi- tional use permits; and 11. Appeals from adverse administrative determination. b. The surcharge shall include a fee for the purpose of administering this section including, without limitations, professional staff time in processing and revising the application, petition or appeal and reasonable costs. It is the intent of this section that such costs are wholly borne by the regulated development. 3. Fee schedule. The fee schedule for applications for certificates of operate, petitions for wellfield conditional use permits, appeals from adverse administrative determinations, and revisions and modifications to any of the same, shall be posted in the office of the county manager, the department and shall be on file with the clerk to the board. LDC10:4 ~ Supp. NO.2 \7/ v/ Nominal Consideration Minimum State Documentary Stamps: _70~ This instrument was prepared without legal opinion by and, after recording, should be returned to: 4251489 OR: 4420 PG: 2781 RECORDED in OPPICIAL RECORDS of COLLIER eOUITY, PL 01/16/2009 at 12:20PM DWIGHT I. BROCt, CLIRI RlC PII 27.00 DOC-.70 .70 Kenneth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Florida 34103 239-403-3000 Retn: GOODIWI BUlK IT AI. 3838 flMIlMI fR I '300 RAPLIS PL 34103 liT -CLAIM DEED THIS INDENTURE, made this /{J day of January, 2009, between LONNIE L. GooDMAN, AS TRUSTEE OF THE GOoDMAN INVESTMENT TRUST DATED DECEMBER S, 200S, County of McIntosh, State of Oklahoma, Grantor*, and KLEMCO, LLC, a Florida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee*. WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the said Grantee, and Grantee's heirs an~ev;er, the following described land, situate, lying and being in Collier County, f.lor~J\~~~\.~, / (lV/ ")'~" / ,'\"" /" '" L.>.-\ Parcel A: / U / "" .... I / ~ The East 165 feet ~f/the l'as~~.p} ~ Eaft'"\1/2 or~e \~outhwest. 1/4 of the Sou~west 1/4, Sechqn 2Jl"--:~~hirf48~~\~~~6 ~ast, CollIer County, Flonda, less the South 1 QO reet\U1eteqf li.of ngaq; ap.d',~ I nght -of-way. i i\ \ \! J j! lr-' '\' I. I A d \(-')\~~"d t ~l 1[-0./ n \ ;.... \ \. . \ I ~. ! \'c\ '1.- I j., I .~" v\ . / ~J The West 165 feet of\~\~st 1/2 of the ~~/2I of/die/Southwest 1/4 of the Southwest 1/4 of Sectioh.'2:~ township 48 Souih~~~~6 East, Collier County, Florida, less and except tlii. ~~ 100 feet thereof{Qt(qatl and canal right-of-way. ~-;p~-------<\.) \. / A d ~l-lE. ('lRC// n --==-~........... The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet thereof for road and canal right-of-way. And The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and being in Collier County, Florida; ~ OR: 4420 PG: 2782 Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Less and excepting a parcel herein described as commencing at the South 1/4 comer of Section 21, Township 48 South, Range 26 East; thence run North 00005'10" West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02 feet: Thence run North 5r4l'53" East for a distance of 15.82 feet; Thence run North 43011'04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51013'31" East for a distance of 49.97 feet; Thence run North 48050'11" E..a,stJ~Q.f. 62.74 feet; Thence run North 41 o 17'38'/Eils,!JQrJl. k.$f'-33.11 feet; Thence run North 55019'}('@r'forad!stanc -< ~t~1}l2 feet; Thence run North 5904QY42';East for a distance 0 ~t"4 feet; Thence run North 81 002'!}'" ~t-fol\.a d!s~p~ of 3(\89 ~et; Thence run North 85o/i9'?7" Eas'f-.,f\'r ~,;lStartc~ of 31.,\5 f<\et; Thence, run North 80956'p~syf~,,~~5#\7 fe~t; Thence run North 79r181e91 Ea.1t forja u~ULQC Qfijl.22 fe.~t; Thence run North 66~15\~6\ E~st tpr)ajl~, ce o~ 4~.5~&~t; Thence run South 00 \64'~s~-a'. ce o~24.5!1,.itet; Thence ru~ North 8?~~~7'. '" West for a dista'.C,,~ ofj339Z7jieet; To the Pomt ofBegmm~\ ~t~ I .~:O/ ~T '" "-i / \)/ Together with the followilfg{~ee mitigation parq~\.) The Southeast 1/4 of the ~~~:rthwest 1/4 of Section 11, Township 48 South, Range 26 East:CdttterC'ounty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II. q *** OR: 4420 PG: 2783 *** SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2009 and subsequent years. Prior Instrument recorded in O.R. Book J.f'l/8 , Page ..3981 TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit and behoof of the Grantee forever. * "Grantor" and "Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above written. (p , (j1 ~ clc!Jt4U-Id- ~ .~..- ~NNIE L. GOODM , AS TRUSTEE OF THE ..qf~R C~~ANINVESTMENTTRUsr DATED ./~. \..../~jc~E.R8,2008 / (' .'\ V ....." l' ....^ '". / /' ~-/ ", J-.. "- / \.,.," " '\ / / ,.--~. \ \ .~ ;r 1.~ ~~~. \ \ i ;' , ...........-.... \ \ \ ,1 I \...---... \" \ < \ j "'--"1 /--, '1~'\~ ~\ ! Ve"TT~ 'R l-tATrl' ~ -i/ /"'\:/ 10, \ 'I~D ) \ \,~I \ \ Type or print name of Witness No.2! it I \ I I ) I i;:..--' ~ Y I, i II r""'., \\\, \.../) \. \.../ /' L 't..- ~ j i-ll '-- -~ "'"''''''-' '~ ~ '\ i ,v f STATE OF OKLAHOMA \i:'""' \ \1(. I / t::/ \ (\.\\ ;I"" i i -"~I \ ~ \, ~~ / / I) I COUNTY OF J) e..~1nsH\e~'", v ~~/: (,'7'-/ '~,. r\ "",/ ''', - / . """" /,,,,,>-,/ '-"/.... .......... .-- \'\-,.- ""~. .".,. -::::;---:- (~\J ,/ The foregoing instrument was )c'~di~_~f{ me this ! 6t.~ day of January, 2009, by LoNNIE L. GooDMAN AS TRUSTEE OF-THE GoODMAN INvESTMENT TRUST DATED DECEMBER 8,2008, who 5lis personally known to me or 0 has produced a driver's license as identification, and who did take an oath. Signed and delivered in our presence: - I ~tA 1 /~1 ,c9(/ {~ " '/ ,'\ -,' \ J"':1.C l;i ~ I ~ ~ If' Type or print e of Wi s o. 1 NOTARY PUBLIC: \\,'UI1""'II/ 1 .,.- R "';"', , , ~ ' S',,<.."'-.................'i',,""s. I I~ t"',.~OTA!;>f'....<'G>~ 19n v, . -~.. "r<''' ~ ~'-[#04C09147\ ~ ( ) " CO \ EXP. 10107/12t ~ ~ . ......-.-/X ~ \~\...o \0,./&/ PrInt VI~Tft! PrTr,'n~l:- ~,..~ ......'!.~.b...~t-~ #' 'OF~~ ! "h'''lIIllll'''''' My Commission Expires: \0/'7 2-0/2. 10 Print Map Page 1 of 1 Vita Tuscana r ',A.,p ^TIIY � 1 °&� 9 TY r `yciw,° 1K,,. 4." -r^ v ^.T2-�I*!£aR td ti.. : . , ,� s:. -. . _,. :,„ ► MAP LEGEND `— _ .� . . street Names y.. ` �• c> Subdivisions i t> 5,:: Aerials 2004(4 inch Urban) Aerials 2001 12 fEE1I c :r A I I Building footprints Collier County Ej a ar d fT f -' - . . Folio Number 00186000005 .4' r �� �r. ., Name:KLEMCO LLC Street#&Name:NO SITE ADDRESS ` { ' Legal Description:21 48 26 W1/2 OF r „ , r ,_ i t' ,t .,4 ' '` ,i :, SE1/4 OF SW1/4 EXC.S.100FT 18.49 ` u, '4. 1, Kx x, ACOR388PG691 ©2004.Collier County Property Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information,no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.c ollierapprai ser.com/webmap/mapprint.aspx?title=Vita%20Tuscana&orient=LANDS... 3/25/2009 E ' .... .14 . . . in . . IN') ..., . .. . . . . tin , . .. • •,:,..,.. _ 0.) . . ,..... -, g. .4. -L-ni I .4• ' , - '' 1 , • ■ .4 . ' • . . •1 lg. __ ' -4: • . ,'-.' •, . 4-4 ... 4 ■ 4. •' . . 4 • '.•; , ,r. ,,. -.- - ',.-........7. `• . It. =.-■-14. 1 -,*, .'".. 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" i - ,r %. i __. : L ., 4 ax,71 .. k.. e • ,.... --; ' , • -k" ' !tAs..10-7.-- t t 't t{ x r U. . ,. yS aitil".!'s u �r/s J , ' M1 y rm r. r t 3 F! .-n r r i � � '+�� - am r ,,-r p '5 g kyA "y '••, Y i `t d r a -N'/ ,,,,,,_ .,� i f. . tx .l _12.� ; S/�A R '—i t 4, 3 , y '40f Yt ° " a . s x t, 14.'4 *ill', f. - ' -. 1 *y , i • L_ �s t ... �r ` . ter. l•t1/43 . § . ,,, , , .4 4 C - Att.' l'-',„.,..",::---,,,,,‘,4,,,,..7 _ . a. , yr 1 ' 47 - - E f , yy ��I{y�{r '4 _.iii R Y • a , >. " ` + Si s r., Ai .. , .. , ..., a - 7 d. R- g `. i t 4. 31 **7*- 1 ,1 = • • • .• 0 1"..3 • , . 1.0 ; . • - - Ct.2 „:440,1 4 •7 - - 4,41r," • r • ' - . • • • ,. • - • r , . • . - • If17,!10. " • '4'7;4- 7 • :. le! 51, 4.7 - . . . , • . Mk* • • Salvatori, Wood, Buckel & Weidenmiller ATTORNEYS AT LAW 9132 Strada Place, Fourth Floor, Naples, FL 34108-2683 Tel: 239.552.4100 Fax: 239.649.1706 Web: www.swbw-law.com Leo J. Salvatori, Esq. Direct Line: 23D-552-1-106 Ijs@swbw-law.coJTl March 6, 2009 it ~ .C.q Mr. Gerald Lefebvre Code Enforcement Board Collier County Florida 28 North Horseshoe Drive Naples, FL 34104 Re: Fifth Third Bank I Empire Developers Group, LLC I Board of County Commissioners, Collier County, Florida Gentlemen: Please be advised this firm represents Fifth Third Bank. Fifth Third Bank is in the process of foreclosing on a parcel of property owned by Empire Developers Group, LLC, against which the Board of County Commissioners has filed a code violation lien. A copy of the Amended Findings of Fact, Conclusions of Law and Order of the Board pertaining to this parcel is transmitted herewith for your reference. At your earliest convenience, I would appreciate your advising me as to whether the violation set forth therein has been cured; and, further, if the fine has been paid. If the matter has been cured and the fine not paid, I would appreciate you advising me as to the amount remaining outstanding on the fine so the bank can consider whether it wishes to advance the funds necessary to pay the fine at this time. I look forward to hearing from you. As always, if you should have any questions, please do not hesitate to call. Respectfully, SALVATORI WOOD, BUCKEL & 10 MILLER LJS/wh cc: Mr. Klay Schmeisser (via e mail) Andrew J. Wozniak, Esq. (via email) Prolaw: 198516 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida V s. Klemco LLC, RIA Goodman, Breen, & Gibbs, RIA Kenneth D. Goodman Violation of Ordinance 2004-41, the Collier County Land development Code, Sections IO.01.02{B)(2), & 10.01.02(B)(2)G) Jeff Letourneau, Code Enforcement Official Department Case No. CESD20090002075 DESCRIPTION OF VIOLATION: The property was semi-developed during SDP application under Early Work Authorization (EW A), and then subsequently abandoned. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Allowing the County to immediately abate the violation due to the health issues involved and the longevity of the violation, using the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. All costs of abatement to be assessed to the property owner(s). REV 1/5/09 \V v/ Nominal Consideration Minimum State Documentary Stamps: .70~ This instrument was prepared without legal opinion by and, after rf'cording, should be returned to: (- _lmeth D. Goodman, Esquire Goodman Breen & Gibbs 3838 Tamiami Trail North, Suite 300 Naples, Rorida 34103 239-403-3000 4251489 OR: 4420 PG: 2781 RECORDED in OFFICIAL R1CORDS of COLLIER COURTY, PL 01/16/2009 at 12:20PK DiIGHT E. BROCI, CLERK RJe 111 27.00 DOC-.70 .70 Retn: GOODW BUll IT 1L 3838 TAKIAlI 1R . '300 RAPLES lL 34103 UIT -CLAIM: DEED THIS INDENTURE, made this /(J day of January, 2009, between LoNNIE L. GooDMAN, AS TRUSTEE OF THE GooDMAN INvESTMENT TRUST DATED DECEMBER 8, 2008, County of McIntosh, State of Oklahoma, Grantor * ,and KLEMCO, LLC, a Florida limited liability company, whose post office address is 3838 Tamiami Trail North, Suite 300, Naples, Florida 34103, Grantee*. WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS, and other good and valuable considerations to said Grantor, in hand paid by said Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim to the said Grantee, and Grantee's heirs~ !5e"~, the following described land, situate, lying and being in Collier County, Eltl~~ - 0;\7:' ;:0 V ,:f>J'" , Parcel A: / S ~\ I /~_ \ The East 165 feet ~f/the Eas . .pt th~ Ei'S~1/2 of 'the \~outhwest. 1/4 of the Southwest 114, SectlOn~ 2. ~8&u:t:h ~~26 East, CollIer County, Florida, less the South I, eet'. efe9f fuf~~~ anct. <;lanaI right-of-way< And \n!~~\Wlf II )ti \~ , )iJ'~J The West 165 feet of'~ ast 1/2 of the Ea~/~lI~ 0 i~/Southwest 1/4 of the Southwest 114 of Sectio~~ rownship 48 soul\ia. gE~6 East, Collier County, Florida, less and except tfi,~~~rq:oad and canal right-of-way. And ~9)/ The West 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet thereof for road and canal right-of-way. And The West 112 of the East 1/2 of the Southwest 114 of the Southwest 1/4 of Section 21, Township 46 South, Range 26 East, Collier County, Florida, LESS and EXCEPT the South 100 feet Parcel B: The West 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the South 100 feet thereof; lying and being in Collier County, Florida; ~ OR: 4420 PG: 2782 Together with The West 1/2 of the West 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, Collier County, Florida; Less and excepting a parcel herein described as commencing at the South 1/4 comer of Section 21, Township 48 South, Range 26 East; thence run North 00005'10" West for a distance of 100.00 feet to the Point of Beginning. Thence run North 89059'30" West for a distance of 111.02. feet: Thence run North 57041 '53" East for a distance of 15.82 feet; Thence run North 43011 '04" East for a distance of 39.61 feet; Thence run North 69014'31" East for a distance of 37.47 feet; Thence run North 51013'31" East for a distance of 49.97 feet; Thence run North 48050'l1~" Ea~. e..Q{62.74 feet; Thence run North 41 017'38" a~ 'le:~.11 feet; Thence run North 55 o 19'}('I..J' or a distanc f~2 feet; Thence run North 5904<r4~.>East for a distance of~~~feet; Thence run North 81002' 1}' ~O'r\a dis~c~ of 30\89 fret; Thence run North 850/19'~7" Brsf-;. ~~istanb~ of 31..'5 f~et; i::~::cc: ~~ ~~:: ~m~~~~'~" .l~~ ~~~~; Thence run North 66t151~6\' East ~or,a /h*tilce 0 43.5~~~t; Thence run South 00\64'~st--~di5ti&ice 0 '~24.5U~et; Thence ru;l1 North 8?~....:~.'7."" V West for a disUYjc,. ~0133?E,/' feet; To the Pomt of BeglIlrn;ng.~~ 1:\y'. 10 f Together with the fOllO~(thI~ mitigation par~ SI 'Cp~~\y~./ The Southeast 1/4 of the South IslB/{:~~rthwest 1/4 of Section 11, Township 48 South, Range 26 East, tterCOunty, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of the ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida (parcel I) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcel I; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcel II. \J *** OR: 4420 PG: 2783 *** SUBJECT TO restrictions, reservations, and easements of record, and taxes for year 2009 and subsequent years. Prior Instrument recorded in O.R. Book 1./'1/8 , Page ..3981 . TO HAVE AND TO HOLD, the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said Grantor, to the only proper use, benefit and behoof of the Grantee forever. ... "Grantor" and "Grantee" are used for singular or plural. as context requires. IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand the day and year first above written. s_ "'" ""li",.H. ':"' p~;~, . if, a;J M S:.6V1 /~,l,(~/~/1 cJcJJt~d- ~ .~.- :<' , '- ~NNm L. GOODM , AS TRUSTEE OF THE ' ., ~~INVEsrMENTTRUST DATED - ).:lC { '"Z."\ e.- I II' ~/-( \...\. . C~E~ 8, 2008 T", "' - ;;j""" Wi'4, ~" I /0'7 - <^)... \ ~ ' '<:, ' ... 'L .. ~\ \ \ / / -\-~ I \ \ v- ~ ~ H'ATr' (~f7\\Jf-\_' IV. v,(Y\ \ Type or prim name of Wilness o. 2 \. 1\ I \t J ) I. ~. I ) .". . ! r\\y~ i. ~ r-. STATEOFOKLAHOMA ,~\ ~ w'fsJ ,:,p ~ I __0/ COUNTY OF J:;. t.~S~\+ " '\..,J lj I "'O:~\7 "'!!Pr. . . 'I ~~~ The foregoing instrument wa~~~fe me this 16t.~ day of January, 2009, by LoNNIE L. GooDMAN AS TRUSTEE OF THE GoODMAN INVESTMENT TRUST DATED DECEMBER 8, 2008 , who fiI is personally known to me or 0 has produced a driver's license as identification, and who did take an oath. NOTARY PUBLIC: \\\\","11""'1111" J~ ","\<c..~....~~;>i:"~ )~ /"",;,,'~OTAJi>j::....?~~ Sign v. ' ec-I. ' ~>-f #04C09147 \ ~ () i1"o\EXP.10107/'2lq:~ "---./V II \~\..<> \,=>.../,1/ Pnnt fljt'S"'N"[! HA-Tr,'nl:..(-- ~/-~"'..~~.k..... t-V:~~ """"+- ~ ~OF~~~ ! "~''''''IlI'''\\' My Commission Expires: \O/r 7 2.012. /() TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Mary A. Luedtke, Respondent DEPT No. 2007110088 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-4 5-6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110088 vs. LUEDTKE. MARY A, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Failed Seawall lOCATION OF VIOLATION: 2854 Becca AVE Naples, FL SERVED: LUEDTKE, MARY A, Respondent Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON 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 seean disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. i COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. 2007110088 Board of County Commissioners vs. Mary A. Luedtke, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 6.05.02B, and Collier County Ordinance 85-2, an Ordinance Relating to the Construction, Repair, Alteration, and Prolongation of Seawalls and Revetments in the Unincorporated Areas of Collier County, Sections 2,5.A and 5.C Location: 2854 Becca Avenue, Naples, FL Folio # 29830200006 Description: Failed Seawall Past Order(s): On May 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 4365 PG 1420, for more information. The Respondent has complied with the CEB Orders as of November 21,2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $600.00 See below. Order Item # 1 and Order Item # 2 Fines at a rate of $200.00 per day for the period between November 19, 2008-November 21, 2008 (3 days) for the total of $600.00. Order Item #4 Operational Costs of $291.14 have been paid. ~ 4172116 OR: 4365 PG: 1420 RBCORDBD in OPPICIAL RJCORDS of COLLIIR COURTY, PL 05/30/2008 at 09:15AK DWIGH' I. BROCI, CLBRK RIC PII 18.50 Retn: COLLIBR COURTY CaDI IRPORCIlBR CODE ENFORCEMENT BOAD,..QBHDISA KARIUI OPBR COORDlRA' COLLIER COUNTY, FLORID~H'rBROPPICB BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007110088 "s. MARY A. LUEDTKE, Respondent 3. That the Respondent was I... 4. That the real property locate particularly described as Lots 6 and 7, m Plat Book 4. Page 14, of the Public Reco THIS CAUSE came on for public hearing b testimony under oath, received evidence Findings of Fact, Conclusions of Law n 08, and the Board, having heard . ate matters, thereupon issues its I. That Mary A. Luedtke is t Failed seawall. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended. section 6.05.028. and Collier County Ordinance 85-2, an Ordinance Relating to the Construction, Repair, Alteration, Projection. and Prolongation ofSeawalls and Revetments in the Unincorporated Areas of Collier County, Sections 2. 5.A and 5.C be corrected in the following manner: I. By applying for all required Collier County Building permits, obtaining all required inspections through to issuance of a Certificate of Completion within 180 days (November 18, 2008). 3 *** OR: 4365 PG: 1421 *** 2. That if the Respondent does not comply with paragraph I of the Order of the Board by November 18, 2008. then there will be a fine of $200 per day for each day until such time as the violation is abated. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn the inspection to confinn abatement. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$291.14 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this 1,,<1,"'" day of nt\6...\1 , 2008 at Collier County, Florida. ~ CODE ENFORCEMENT BOARD COLLI OUNTY, F~RJ~/ e:. The foregoing instrument 2008, by Gerald Lefebvre, Chair _ personally known to me 0 ST A TE OF FLORIDA ) )SS: COUNTY OF COLLIER) I HEREBY CERTIFY that a true and correct copy ofJbl~ ORDER has been sent by U. S. Mail to Mary A. Lu.edtk.e, 6947 Madrid Drive, DeMotte, Indiana 46310 this ~ay of , 2008. /J1 *-. fLORlllA ~ .lfOOluiR I HERDYcsm~~:W._... ...."ot. ~ONlleti.' r<-... : ..... MInutes and'~":of~' 'MPlDI my hf9!~ offjc;lal ~ ~ . '., '2-~ ., 01 ~ :'l.-~ . .: ;ft!~1; ~E.IROtK.'~. K-OF'COUItII. . . 't- . ro~' ~ II DA. ,;PO- ~:... -....- M. Jean son, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S.. Ste. 300 Naples, Florida 34102 (239) 263-8206 4 / Mary A. Luedtke 2180 Snook Drive Naples, Fla. 34102 Case: 2007110088 03/17/2009 To Collier County Code Enforcement Board and/or Collier County Board of County Commissioners and to whom it may concern, This letter is being written to respectfully request that the Board consider abating the $600.00 fine imposed by the Code Enforcement Board. I was cited for being 3 days past the compliance date for completion of the seawall at 2854 Becca Ave. We had a contract with our contractor to obtain all the necessary permits and inspections to comply with all the codes required in Collier County. Since the contractor is aware of all the requirements to be in compliance with county codes, we wanted him to be responsible for all the documents and permits necessary to repair our seawall and trusted that everything was done to accomplish this. Our contractor called for the final inspection and it took place on 11/07/2008. We assumed everything was finished until our neighbor Kenny Thompson informed us that the seawall did not pass the final inspection because our contractor did not finish putting the address number on the dock. We attempted multiple times to contact our contractor and he would not return our calls. My husband then spent additional money and put the address on the dock and called for another inspection. The inspection took place on 11/19/2008. We thought that was the end of the process because we complied and passed the inspection. We were informed by our neighbor K. Thompson that we needed a certificate of completion. We thought our contractor had taken care of all these documents and my husband went to check on this and he went on 11/21/2008 and paid a fee for re-inspection and received the certificate of completion. It was unfortunate that our contractor did not fulfill his part of the job. At the time we were not aware of these issues till that started coming to our attention. When he said he was done we were not aware that he actually did not finish the job by obtaining the completion certificate or the dock address. We were relieved when we thought everything was completed on 11/07/2008, eleven days before the compliance date of 11/19/2008, only to discover this was not the case. We are respectfully requesting that you consider abating the $600 fine. Thank you for your time and consideration. Respectfully, m~A.~ Mary A. Luedtke INSPECTION JOB CARD - COLLIER COUNTY, FLORIDA FOR INSPECTIONS PHONE 643-9757 PERMIT NBR 2008060910 ~~STER N3R 2008060910 ISSUED 8/5/2008 _3 DESC.: REPLACE 50' SEAWF~L & 30' PORTION OF DOC 30B LOCATION: 2854 BECCA Av~ S~3DIVI5ION: 429 Derr:ere Landino LOT 6 BLOCK CONTACT PHONE: (239) 471-0419 ::ONTp.CT Npj.S: 'flILLAlt<1 !) . B . A. D S I GENER.l>.~ COKTP_Z\CTORS, INC. 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Campanello, Respondent DEPT No. 2007080375 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007080375 vs. CAMPANELLO. ANGELO B & DIANE M, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PROHIBITED USES AND STRUCTURES LOCATION OF VIOLATION: 141 1ST ST Naples, FL SERVED: CAMPANELLO, ANGELO B & DIANE M, Respondent Reggie Smith, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABiliTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles, Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. i COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080375 Board of County Commissioners vs. Angelo B. & Diane Camp anello, Respondent(s) Violation(s): Florida Building Code, 2004 Edition, section 105.1 Location: 141 1st Street Naples Folio # 77210650008 Description: Electrical wires run through back yard to wooden post with electrical outlets. Improvements made without obtaining building permits. Past Order(s): On September 25, 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 4398 PG 3832, for more information. The Respondent has complied with the CEB Orders as of November 12,2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $300.00 See below. Order Item # 1 and Order Item # 3 Fines at a rate of$100.00 per day for the period between November 10, 2008-November 12, 2008 (3 days) for the total of $300.00. Order Item #6 Operational Costs of $86.78 have been paid. a Retn: JIB VALDRO' COOl IlrOICIMIRT 2800 . BORSBSHOI/DR CDBS SLDG RAPLBS rL 3U04 4219186 OR: 4398 PG: 3832 Rle lBI RBCORDID in the OPPICIAL RECORDS of COLLIIR COUMTY. rL 10/06/2008 at 03:35PM DWIGHT I. BROCK. CLIRK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007080375 vs. ANGELO B. AND DIANE M. CAMPANELLO, Respondents 5, 2008, and the Board, having heard . te matters, thereupon issues its I. Electrical wires run through back yard to wooden post with electrical outlets. Improvements made without obtaining building penn its. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of the Florida Building Code, 2004 Edition, section, 105.1 be corrected in the following manner: I. By obtaining all required Collier County building permits, inspections, and certificate of completion within 45 days (November 9, 2008). 2. In the alternative, by obtaining a demolition pennit, removing electrical and obtaining inspections and certificate of completion within 45 days (November 9, 2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by November 9. 2008, then there will be a fine of $1 00 per day for each day the violation remains. 18.50 3 t** OR: 4398 PG: 3833 *** 4. That if, in the alternative, the Respondents do not comply with paragraph 2 of the Order of the Board by November 9, 2008, there will be a fine of $1 00 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$86.78 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this L day of Dc t , 2008 at Collier County, Florida. Q) ICRISmEHOlTON . . MY COMMISSION . DO 686S95 tl : EXPIRES: JlI1Il Bo 2011 ~.. iIondId 1lInI NaIIry NlIc UndIlWriltlI ,Rt.. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument as 2008, by Gerald Lefebvre, Chair 0 the _ personally known to me 0 I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Angelo B. and Diane M. Campanello, 141 181 Street, Naples, Florida 34113 and to Phillip Hamilton, Esq. 2430 Shadow lawn Drive, Naples, FL 34112 this ~ day of 0 cJ . , 2008. $t8Ie 01 FLORIM ~untY of COLLIER I HEREBY CERTIFY THAT thllls 8 true" :orrect CODY ot a aOC4.,,~~t on file In joard Minutes a~c)~ecae:9~.~ Collier Count) ~ESS my ,~imthiS lfL:...:. aay o~:O ',. , ,! 1WIGHT E. ElROLK8 CL$k OF ~URTS -~;~~ ' ....,~- ',0', '. . '. M. e Flori Bar No, 750311 ._~. . 'tttomey for the Code Enforcement Board '~JlO Fifth Avenue S.. Ste. 300 . Naples, Florida 34102 (239) 263-8206 r _ 4 Parrish, Lawhon & Yarnell, PA. ATIORNEYS AT LAW m :it lj .I).a. KIRT R POS1HUMA IAN T, HOLMES KEvIN 1. DEFS JON D, PARRISH ANTHONY M, LAWHON FLoYD S,YARNELL :3, 2009 VIA HAND DELIVERY Collier County Code Enforcement 2800 North Horseshoe Drive Naples, FL 34104 Attn: J an Waldron He: Board of County Commissioners v. Campanello, Angelo B & Diane M. Case No. : 200708037[81 (Illegible) Dear Ms. Waldron: This letter is written to formally inform you that I have just been recently hired to represent Mr. and Mrs. Campanello in the above-captioned matter. As you may know, there is hearing before the Code Enforcement Board set for this Thursday, March 26th, at 9:00 a.m. Due to my heavy workload and previously scheduled hearings, I am hereby requesting that the March 26th hearing be rescheduled until the next Board meeting so that I may adequately investigate the matter and prepare any defenses. As instructed, I am providing 15 copies of this letter. Thank you for your consideration, and I look forward to receiving a revised Notice of Hearing. Very truly yours, PARRISH, LAWHON & YARNELL, P.A. {Jt1.ii{n''-0j 7 J 7. iiiLllkLr / '/L--- Anthony M. Lawhon AML/mn Enclosures O:\Lawhon Documents\Campanello Code Enf3-09\L BoardCountyComm 3-23-9,wpd 3431 Pine Ridge Road, Suite 101 · Naples, Florida 34109 · Phone (239) 566-2013 · Fax (239) 566-9561 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Bart & Sandi Chernoff, Respondent CEB No. 2007-105 DEPT No. 2006030500 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) I 2 3-13 14 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006030500 vs. CHERNOFF. BART & SANDI, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 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 AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney, PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su peopio traductor, para un mejor entendimiento con las comwticaciones de este evento. Par favor traiga su propio traductof. 1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-105 DEPARTMENT CASE NO. 2006030500 Board of County Commissioners vs. Bart and Sandi Chernoff Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 1 0.02.06(B)(1 )(a), 1 0.02.06(B)(1)( d), 1 0.02.06(B)(I)( d)(i)(renumbered as 1O.02.06(B)(1)(e)(i)), Collier County Code of Laws and Ordinances, Section 22, Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code, 2004 Edition, Sections 105.1 and 111.1 Location: 840 7th Street NW Naples, FL 34120 Folio # 37111400009 Description: Improvement of property without valid Collier County Building Permits Past Order(s): On October 25th, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0670, for more information. Four orders granting extensions of time were also entered as OR 4347 PG 0569, OR 4376 PG 0283, OR 4407 PG 1759 and OR 4425 PG 0497. The Respondent has not complied with the CEB Orders as of March 26, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $600.00 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between March 24,2009- March 26,2009 (3 days) for the total of $600.00. Fines continue to accrue. Order Item #6 Operational Costs of $463.99, have been paid. Q TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Grisel Diaz., Respondent DEPT No. 2007040121 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007040121 vs, DIAZ. GRISEL, 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Addition/improvements constructed to existing structure without first obtaining a Collier County Building permit and related inspection, addition is of an open lanai type structure, LOCATION OF VIOLATION: 1119 Madison AVE W Immokalee, FL SERVED: DIAZ, GRISEL, 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 fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED. AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no seran disponibles en 1a audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las i COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007040121 Board of County Commissioners vs. Grisel Diaz, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06(B)(l)(a), 1O.02.06(B)(l)(e) and 10.02.06(B)(l)(e)(i) and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 104.1.3.5 Location: 1119 Madison Ave Immokalee, FL Folio # 63051760002 Description: Addition improvements constructed to the existing structure without first obtaining a Collier County Building permit and related inspection, addition is of an open lanai type structure. Past Order(s): On October 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 4407 PG 1783, for more information. The Respondent has not complied with the CEB Orders as of March 26,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $11.688.14 See below. Order Item # 1 and Order Item # 3 Fines at a rate of$100.00 per day for the period between December 1, 2008-March 26,2009 (116 days) for the total of $11,600.00. Fines continue to accrue. Order Item #7 Operational Costs of$88.14 have not been paid. Q Retn: COLLIIR COUR'Y CODI IlfRCIRT IItIROPrICI AffM: JIM WALDIOR 4231973 OR: 4407 PG: 1783 RBCORDID in the OffICIAL RBCORDS of COLLIIR COUITY, fL 11/13/2008 at 03:34PM DWIGHT B. BROCK, CLIRK RIC .11 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007040121 vs. GRISEL DIAZ, Respondent / THIS CAUSE came on for public hearing testimony under oath, received evidence Findings of Fact, Conclusions of Law n 2008, and the Board, having heard . te matters, thereupon issues its 1. e R spondent and that the pe on. ai and by posting. , L, Folio 63051760002, more cording to the plat thereof orida is in violation of Collier ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1 0.02.06(B)( 1 )(a), 1 0.02.06(B)(l)( e) and 1 0.02.06(B)( I )(e)(i) and Collier County Code of Laws and Ordinances, Chapter 22, Article II, Section 104.1.3.5 be corrected as follows: I. By apply for and obtaining a Collier County Building Pennit for all unpennitted improvements, obtaining inspections through Certificate of Completion within 30 days (November 30, 2008). 2. In the alternative, by obtaining a Collier County Demolition Permits, inspections through issuance of Certificate of Completion for unpennitted structures and restoring the building to its original pennitted state, removing all construction waste to the appropriate site for such disposal within 30 days (November 30, 2008). 5 ttt OR: 4407 PG: 1784 ttt 3. That if the Respondent does not comply with paragraph I of the Order of the Board by November 30, 2008, then there will be a fine of $1 00 per day for each day until the violation is abated. 4. That if, in the alternative, the Respondent does not comply with paragraph 2 of the Order of the Board by November 30,2009, there witt be a fine of$IOO per day for each day until the violation is abated. 5. That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this Order. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $88.1 4 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. I . {t.- ^ DONE AND ORDERED this ~ day of l'-C \... , 2008 at Collier County, Florida. I<I1StIE Hl1TON MY COtN\SSlON I DO BB6595 EXPIRES: J\Il81B. 2011 lIDrlIIId llI\I NaIIry NlIc lJftcIIrWdIiIlI 'e '" C ~ ......b.... "-, ty, Florida, who is icense as identification. ST ATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument as 2008, by Gerald Lefebvre, Chair of _ personally known to me or [:' NO My commission expires: CERTIFICATE OF SERVICE ,.... 01 f ...ctt.~ ;ou,,,, " COWER I HEREBY CERTIFY that a true and correct copy of this ORDER has been !ient by U. S. Mail to Grisel Diaz, 1119 Madison Avenue W., Immokalee, Florida 34142 this L i.~. day of ''-.: c. v ,2008. If2~E~ Florida Bar No. 750311 Attomey for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 . HEREI' CERTI" THAT.... II . _'_ "'CODYor.~'._." , - - api'~_"""c.alt "."IEII ~ ',' ....' , ... ..... ~ .,tJ~-- .~ : "., ...: ,-: ,4 1WI8Hf L .... OLIIIOF'" ~-~',,~', '~:. .. ()~ " '- . ,.--- '. .., 4 T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Naples Property Services, LLC., Respondent DEPT No. 2007050653 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) I 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007050653 vs. NAPLES PROPERTY SERVICES LLC, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Permits. LOCATION OF VIOLATION: 865 95th AVE N Naples, FL SERVED: NAPLES PROPERTY SERVICES LLC, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing, Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. 2007050653 Board of County Commissioners vs. Naples Property Services, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 1O.02.06(B)(1)(a), and 1O.02.06(B)(1)(c) Location: 865 95th Avenue N. Naples, FL Folio # 62769000004 Description: Existing structure with interior and exterior alterations and improvements without prior Collier County Zoning and Development review/approval. Also existence of an accessory structure without Collier County Permits, 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 4385 PG 0698 for more information. The Respondent has not complied with the CEB Orders as of March 26,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $43.600.00 See below. Order Item # 2 and Order Item # 4 Fines at a rate of $200.00 per day for the period between August 21, 2008-March 26,2009 (218 days) for the total of $43,600.00. Fines continue to accrue. Order Item #6 Operational Costs of $357.86 have been paid. Q 4198659 OR~ 4385 PG: 0698 IICOIDID in OffICIAL lICORDS of COLLIIR COURTY, lL 01/11/2008 at 08:53Al DIIGBT I. BROCI, CLIRI lIC fll 18.50 Retn:IITIR OffICI CODI l"OlelDI! JII VALDRO. 252 2444 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, fLORIDA, Petitioner, CEB NO. 2007050653 vs. NAPLES PROPERTY SERVICES, LLC Respondent / ,1' E CI 4. That the real property located at 865 95 venue N.. Naples, Florida, Folio No. 62769000:>04, more particularly described as Lots 14 and 47, Block 60, NAPLES PARK UNIT NO.5, according to the plat in Plat Book 3, Pages 14, Public Records ofColtier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections IO.02.06(BXIXa) and 1O.02.06(BXIXc) in the fol1(,wing particulars: 3. Existing structure with interior and exterior alterations and improvements without prior Ce,lIier County Zoning and Development review/approval. Also existence of an accessory structure without Collit-r County Pennits. ORDER OF THE BOARD Based upon tht: foregoing Findings of Fact and Conclusions of Law and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violat ons of Collier County Ordinance 04-41, the Land Development Code, as arlended, sections IO.02.06(B)(I)(a) and IO.02.06(B)(I)(c) be corrected in the following manner: !3 *** OR: 4385 PG: 0699 *** I. By applying for all Collier County Permits with 90 days (April 23, 2008) and pursing same with due diligence. 2. Once the rennits are obtained, by completing all work through related inspections and issuance of Certificate of Completion or Occupancy within 120 days. 3. That if the Respondent does not comply with paragraph I of the Order of the Board by April 23, 2008 then there will be a fine of$200 per day for each day for each day the violation remains. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 120 days of the issuance of the pt nnits, then there will be a fine of $200 per day for each day the violation remains. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondent is are ordered to pay all operational costs incurred in the prosecltion of this Case in the amount of$357.86 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. STATE OF FLORIDA ) )S COUNTY OF COLLIER) The foregoing instrumen 2008, by Richard Kraenbring, Vice- _ personally known to me or _ ' ...-. ...rit~!i::t... KRIST1NE HOLTOri ..~:'1 '~;'i MY COMMISSION' DO 686~~:, , ~ ..i;J, EXPIRES: June 18, 2011 t, ;Rf.;r.-!f,~'- Bondt<! T:vu :loIar; Public lkldIIwIUlS NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CE RTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Charles Siragusa. 865 95th Avenue N., N~s, FL., and to P.O. A-3611, Chicago, 111. 60690 and to 2727 No)rth Mildred, Chicago, Illinois 60614 this u::: day of ~ ,2008. d,.o'~LUkIUI\ . .. 1!-.7~~ ~unty of COLLlER~'f..~'\ "r~ M. Je wson, Esq. , of,; #;~... .. .. . "".. Florida Bar No. 750311 , H EREBY CERT'Fl~tli^T tbJ9-\!,e Atto~ey for the Code Enforcement Board ':orreCl CODY ot a ~ment on ;.a'\li-"::~-..... 400 Fifth Avenue S., Ste. 300 lloard MinuteS~, ,-,this Naples,Florida34102 ~~a;~f na . ~~ ,Clar...,~' (239) 263-8206 '/ . ,'" ~~'~ ~~ ., A __ ''11 L/ 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 Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-10 11 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006070496 vs. VANDERBILT DEVCO LLC, Respondent(s) Raymond Bass Esq., Registered Agent NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162,12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 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 fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seean disponibles en la audiencia y usted sera responsable de proveer su propio tcaductor. para un mejor entendirniento con las :L 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) Raymond Bass Esq., R.A. Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 3.05.01(B) Location: 7071 Hunters Rd. Naples, FL Folio # 283680001 Description: Vegetation removed on undeveloped property without obtaining the proper required Collier County permits. Past Order(s): On February 28, 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 complied with the CEB Orders as of January 23, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $33.268.31 See below. Order Item # 2 and Order Item # 5 Fines at a rate of $200.00 per day for the period between March 31, 2008-May 14, 2008 (45 days) for the total of $9,000.00. Order Item # 3 and Order Item # 6 Fines at a rate of $200.00 per day for the period between September 27, 2008-January 23, 2009 ( 119 days) for the total of $23,800.00. Order Item #8 Operational Costs of $468.31 have not been paid. @ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO, 2006070496 vs. V ANDERBIL T-DEVCO, LLC Raymond Bass, Esq., R.A. Respondent / THIS CAUSE came on for public heari testimony under oath, received eviden , Findings of Fact, Conclusions of La ,an 008, and the Board, having heard ria matters, thereupon issues its I. ail and by personal service. Vegetation removed on undeveloped property without obtaining the proper required Collier County permits. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation which is attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.0S.0l(B) be corrected in the following manner: 1. By applying for an After-the-Fact Vegetation Removal Pennit for vegetation removed for installation of the fence from the Environmental Services Department with four times the nonnal penn it fee within 30 days (March 30, 2008). .... 0 ... 0'" ..,....... :0- .,.. '" :cI ...... .. ,.. ... c::: ... ...... ... ""Oooil .... 0 ... .... c::I ". . - .... ... 0 --.... - .... .... 0. ...... _00 n c::J ... c::J ... ... ... ... - .. - .,..0 c::J ". an ... -= .... n _0 ~~ -- "" c::J g .... ..s=a _l:::8~ ... .... (.A,) .... ~ CT\ ::: 0 CO .. _ CT\ ~ =: --..J :0- n =- ;: c::> ~ .,.. :::c ~ I: .. = S ..s=a !"'5! ~ ..0 ~ ......... CT\ C> no. ...O~ .~G") 0....... ~..... ... ". .... ... n I'..> g--.3 :!~ - .,.. ,.. ... 0. = - eft - .... - 3 OR: 4336 PG: 2753 2. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 10.02.06.E.3 within 30 days (March 30, 2008). The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Sec. 1O.02.02.A.3. The Respondent is required to establish a monitoring program (IO,02,06.E.3.e,i) that would detennine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. 3. All plant materials must be installed in accordance with the mitigation plan within 120 days of acceptance of mitigation plan. 4. That if the Respondent does not comply with paragraph I of the Order of the Board by March 30, 2008, then there will be a fine of$200 per day for each day for each day the violation remains. 5. That if the Respondent does not comply with paragraph 2 of the Order of the Board by March 30, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 6. That if the Respondent does not comply with paragraph 3 of the Order of the Board within 120 days of acceptance of mitigation plan, then there will be a fine of $200 per day for each day the violation remains. 7, That the Respondent is to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perfonn the site inspection. 8, That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $468.31 within 30 days. I' (;yj ~ all not be a hearin Appeal shall not stay the STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) Circuit Court within thirty (30) days of , but shall be limited to appellate ard Order. Any aggrieved party may appeal a the execution of the Order appealed. An review of the record created within. F' to DONE AND ORDERED Florida. The foregoing instrument was acknowledged before me this ~ day of (Y)o. V'ch. 2008, by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or ~ who has produced a Florida Driver's License as identification. KRISTN: HC110N MY COMMISSION , DO 686S95 EXPIRES: June 18, 2011 Bonded 'IlIu NolIwy NlIc Undef.\'rilerS J(l\~ \--\-iJ t~ NOTARY PUBLIC My commission expires: :.... ............. " '.".~'(, .t, t' 'tiv ~:'''' ;i:' ~>.':'....:,.,r..'",i,t\ I HEREBY CERTIFY Ttt.VtiJis,...lrJ.,t, . ~ copy of a doc". on fife I. ','~ i " Board Minutes ,and Rico,,*M:CoiUlr_ W~ESS my hant'lsrid offlp&ileeaa tIdI:) , _ day of ~ ;.~ ,,' " _,::/ ..~t'-:'-&-''''' '. .-~ "i' ~ Eo BROCK, ~OPClll:ImI ~~ t!t?(#~t;-8A .......- ~.f~ :0....., or COWER ~ y OR: 4336 PG: 2754 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to R~~mond Bass, Esq., R.A. for Vanderbilt-Devco, LLC, 2335 Tamiami Trail N., Ste. 409, Naples, FL 34103 this t..t~ day of (Y\D..'( en , 2008, fr;~~J M, Jean R on, Esq. Florida Bar No, 750311 Attomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 5 BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4336 PG: 2755 Petitioner, Vs. DEPT NO. 2006070496 Raymond Bass, Jr. RiA forVanderbilt-Devco LLC, Respondent(s) STIPULATION/AGREEMENT COMES NOW, the undersigned, -::;-~~. ~,~AM~ ' , on behalf of himself or I/~cr Da/CtJ. {Lt!.,.. 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) 2) ion are accurate and I stipulate to their U: t Code as amended section( s) al 0 able acreage without obtaining 1) Pay operational costs in the ~ days of this hearing. ~ ~ 2) The respondent must apply ~ removed for installation of the times the normal permit fee wi .~ imposed for each day until the After-ill emoval Permit for vegetation. Services Department with four or a daily fme of $50.00 will be emoval 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 (lO.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 fme 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 fme of $200.00 will be imposed for each day until plant material is installed. REV 2/23/06 3) Respondent must notify Code Enforcement that the violation has been abated and request the ~;or to come out and perfonn a sne inspection. ~ ~ ~.,1&kt-. J,r/l7{5fr espondent ~. Mich Arnold, Director . Code Enforcement Department ;;. /2&/0 ~ 19 OR: 3756 PG: 1693 . STATE OF NORTH CAROLINA COUNTY OF f)., 1f041l,.e- Before me personally appeared Patrie Larouche alld Mar ueri e Larouche known to me personally or identified to me by . ~ , . '/O~tl4S the person described in and who executed the orego ng Instrument. an ac nowledged to and before me that he executed said instrument for the purposes therein expressed, WITNESS my hand and official seal. this -1L day of M~f'C "'--' . 2..op~.<,,,. ',:!;...:',,;,,,.. ' , ',' .'. ... ..~."". -..:.....~:-.:...,..~-~.~ . ,*, ~ "\'..... i " ..w" "- ;.II..... ,"... .. ....... ..~....~.~.. 50 ~ ~ ~ ~~.J.'......~ .- 'h1A/~./1 ~.:...:...".,.~,_' .:;!" ~~ o!...", :",~,'I "..]1:...: ~ ary I ature ..: :: ..,: ,-'" ~~.~.". 'Ie ~ r'" 1 J - .-; ... \; -. . ....~. "" Print Nam: r::..ih':1LL( A r s~ \ " "... .. ~" .'':,) l.--;.: Seal: ~~ .,' .....;: ~ <:. . ....~ ~ ~ ~ Commission No. V\1y (CM1......SS.~ ~,.,...,{...1..~;\~\,::../' ~'. I t '-Ie hrlMf.( ~(}()~~:'''~'\'.. . . ..", ~ ~ . . . . . . . . . . . . . . . . . personally or identified 0[1 ascribed in and III!h~, . tlD'" before me that he execu~, '1- ~,,'.' '!,,..~ n11Ulj,..., . 2005,.- ..i':;~T."" ~~ bJ~~ . " {~r/>;f#m ;', Commission No.rn., fG\'HII1,~/k G"./p} .......~, .:<\,:~,~'~ ( +/~ I,' '. .,." I (7 "klrll'l.'1 dl1a1- '"I''I'';;I~':''' ,:,," "'. ...~... . . . . . . . . . . . . . ~ o ::0 .I:ao c....> c....> ~ ~ ~ I'..> -..J Ln -..J ~. ~ r . \/~ . . letll: BlII , CDDlIll 2335!muI n I m, lULlS rL 3U13 1m 3579174 OR: 3756 PG: 1692 UCOIDIIl ill the DrnM Dcoe. of COLLm COmT, n. 03/21/2005 at 01:1311 DUGIT I. BlDeI, CUll mOD' ... 35.5' 2.D. iUS." CIIIS mm IDIIIIG DOC-. 7. WARRANTY DEED THIS DEED, made this 1/ day of March. 2005, between ROBERT LAROUCHE, MARIO LAROUCHE, SYLVAIfrI:AROUCHE, PATRICK LAROUCHE AND MARGUERITE LAROUCHE, Grantors and VANDERBILT DEVCO, L.L.C, a Limited Liability Corporation, whose post office address is: 230 Commercial Blvd. Naples, FL 34104, Grantee. Grantor for and in consideration of the sum of Ten dollars ($10.001, and other good and valuable consideration to said Grantor in hand paid by said Grantees, the receipt whereof is hereby acknowledged, has granted. bargained and sold to the said Grantees, end Grantees' heirs and assigns forever, the following described real property with parcel identification number: 00283680001 situate, lying and being in Collier County, Florida, to wit: SEE ATTACHED EXHIBIT -A- subject to restrictions. reservations and easements of record, and taxes for current and subsequent years. This is unimproved real property and is not the homestead property of the grantors. Grantor does hereby fully warrant the title to said land. and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF. Grantor has set Grantor's hand and seal the day and year first above written. Signed, sealed and deliver In our esence: () <0...., o ::cJ ... .a::. (,A,) (,A,) 0"\ ""1::J C') fYJAfl'L ,2005. ,,\:.~,,""~"'J,/i~ ,tJ .... -< .;!~~~:..~~.; ~~~~ otary nature .: ,.... ..;f... >.":,i, t:. '\ Pri N ~ I" .AJ"'" .. '-_ , '\.tl\1 <:(... ::, nt ame: .A.t, S"f'LSJ ., . .~..;;' .~. ~ \.. ~ ::: Seaf: ..; ,~:: ;;...c.':..:....! .:\o..E '-:", Commission No. M'{ (o...,M.'sS.k. f./C,P,7,#;t... :..~~... ~,< i~ ri'" _:.t . ~.....: ~ .- ~.,...: . /7- ;::e b(J""idLJ01- '\;; '..,~>~"i':: · · · · · · · · · . . . . "-, :' 'Dlt',\Ii~ \\' '-il. v'" ,,\\ 'l,11'","U:.".~..(::.~~ ,,,~,.,.;,,~,.. J... :tJr ~ -:I CJ'1 0"\ ~, ',~~ ~~ LA ~ e::::- OR: 3756 PG: 1694 . ~A~ I 1"1 Itness . Typed Name: ThD1htlS IJ.SWU~ ~~ .., WitneSS Typed Name: /)#I'OD /J ICHO'S STATE OF PE~SYLVANIA COUNTY OF e r-c..f r . r identified ,2005. (",.loo..~ (~~~~:~~~:~ . ':~ ',,,," . ~" c::> :::c ~ (.A> (.A> ~ '"'=' G") ~ ~ ~ ex> \. ~ '7 tit OR: 3756 PG: 1695 **t . EXHIBIT A 6eginni."9 .t the s~...1.tr~t eot'l'.er 'Jf ~C~iCZl 6, TClIo8'1StUp d South, :!a.~ 26 East. run No~ther~y alo:lQ Wellt boun;l.ll:)> line of saJ,d SeeUo.'l oS, ~ ~b~. of 640 feet t:l a ~;il'\t cr beglnning than..-e conti~ '''rthe:-~l' Ql~ :3id ~!St bound2:Y li~ or Scetion 6, 0 di$t~e of 660 feet to ~ ::cint, thlnee Easter;y alcn; . lina l:l20 feet ,",'artn ot iII'Id paullel t.o tne South l;)oun:Sary U:'lC or saill Socti~ 6 . clht.:.nee o( "0.07 tnt to a r>oiflt, tflencl Southe1-1y ..l~ a lir.e >>0.07 'eet East of erxs puaUel t~ s:lid WQt; boundary line or Se::t1ort. !i :: d.l.s~ Qf 66D feet to a paint, ~ iieSterly along . lin: ~O reet ~~orth or 11M puallc1 to :;aid ScIu~ bu'ldary line or SectiCl'l !i a diGt~ or >>6.1r1 feet to paint of beqlmil19; The ri~t of .i.n;resc ancl ooren i~ .-...rYSd I) and the Vat )() reel: ct .roredeseri.bed Cl)(tSttuetian or rwcI f.r:J.l1ti~. feet StSJttT to case.ents, Z'e$trio:U :RbJequOl'lt....f.\l Occen:bet }1, .l~" . " * * * C) ~ ~ ~ ~ C7'\ .." ~ ~ -..J c..n ~ * * * "'. . 10 Ii T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Angel & Norberto Hernandez, Respondent DEPT No. 2007010485 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-6 7 12/15/05 CODE ENFORCEMENT. COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007010485 vs. Angel & Norberto Hernandez, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 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: 3355 Polly AVE Naples, FL SERVED: Angel & Norberto Hernandez, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON VVlTH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. :1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. 2007010485 Board of County Commissioners vs. Angel & Norberto Hernandez, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 3.05.01(B) Location: 3355 Polly Avenue, Naples, FL Folio # 00420720009 Description: Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. Past Order(s): On May 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 4365 PG 1434, for more information. The Respondent has not complied with the CEB Orders as of March 26,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $42.600.00. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between June 22, 2008- August 8, 2008 (47 days) for the total of $9,400.00. Order Item # 2 and Order Item # 4 Fines at a rate of $200.00 per day for the period between October 9,2008- March 26,2009 (166 days) for the total of $33,200.00. Fines continue to accrue. Order Item #6 Operational Costs of $404.08 have been paid. 9 hb: 4172119 OR: 4365 PG: 1434 COLLIIR COURTY COD I IRFORCIKBR RICORDID in the OFFICIAL RICORDS of COLLIIR COURTY, lL Rle III 35.50 BIRDISA MARKU/ OPIR COORD!HAT 05/30/2008 at 09:15AM DWIGHT B. BROCK, CLBRl IHTBROlPICI CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007010485 vs. ANGEL AND NORBERTO HERNANDEZ, Respondents THIS CAUSE came on for public hearing testimony under oath, received evidence Findings of Fact, Conclusions of Law n 00420720009, more particularly o east Y. of the Northeast Y. of the nty, less the East 30 feet for road right- elopment Code, as amended, section Vegetation removed on an undeveloped property without obtaining the proper required Collier County permits. ORDER OF THE.BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 3.05.01(B) be corrected in the following manner: 1. By preparing a mitigation plan which meets the criteria stated in 04-41, as amended, Section 1O.02.06(E)(3). The mitigation plan shall be prepared by a perSon who meets or exceeds the credentials specified in Section 1O.02.02.(A)(3). The Respondent is required to establish a monitoring program (1O.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 s OR: 4365 PG: 1435 period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by the Respondent. The Mitigation plan must be submitted within 30 days (June 21, 2008). 2. By installing plant materials in accordance with the mitigation plan within 60 days of acceptance of mitigation plan. 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by June 21, 2008, then there will be a fine of$200 per day for each day until the mitigation plan is submitted. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board within 60 days of acceptance of the mitigation plan, there will be a fine of $200 per day for each day until such time as the plant material is installed. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$404.08 within 30 days. DONE AND ORDERED this Florida. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. ~ ~y GO <Btt!)] ~~ NOTARY PUBLIC My commission expires: STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was 2008, by Gerald Lefebvre, Chair of the Co _ personally known to me or """""-who -~.:!'~~c. KRISTINE HOI. TON . " Il{ COMMISSION' DO SilZ,5~.:~ :.'J EXPIRES: June 18,201 j 60nded ThrJ Notary Public Unde""'nt.~ t~ ; ~ .i'~~ .)~Ie 01 fLORILh\ ::Ounty of COLlI~a. .. ". ~ .:-~ ,f f ;':.J I .1 ERE'B'~~-C~Tt~'{THir1his 1s. trul a. -:orrect copy ot-a !:l~'~.;m~(;n fifg. in Board M~utc:: r",u :-', .~r',:Z$.,-.~<i:.,'\~(.!, Hie,;" Counb N~T~IE~~f'O' mlof ,<'::"~" # ;:,,' #. ';-'1';'1... " ". ", :','" ~~~,~~~~w_.. _.;.~ <. 1WI 'tERi( .J;~ CC~Ri'3 CJ4 0 r.. ~~ 4 OR: 4365 PG: 1436 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been se$!?Y U. S. Mail to Angel and Norberto Hernandez, 6199 Whitaker Road, Naples, Florida 34112 this ~ day of ~, 2008, P1 ~~" M. Jean Raw Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 -- 5 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4365 PG: 1437 *** Petitioner, Vs. Angel Hernandez and Norberto Hernandez, Respondent(s) CASE NUMBER: 2007010485 STI~TION/AGREEMENT . .6-<v as representative for Respondent and e rs into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation In reference (case) number 2007010485 dated the 22nd day of May, 2008. COMES NOW, the undersigned, , on behalf of himself or 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 May 22nd, 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: P cution of this case within 30 .~ 2) The respondent must prepar criteria stated in 04-41 as amended Sec. 10.02.06.E.3. The mitig . a person who meets or exceeds the credentials specified in Sec. 10, is required to establish a monitoring program (10.02.06.E.3,e.i) that wou ete..~ urvivability of species of the plants used in the mitigation effort over a two year pen cement 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 60 days of acceptance of mitigation plan or a daily fine of $200.00 will be impOSed for each day until plant material is installed. 1) 2) 1) Pay operational costs in the m days of this hearing. ? 3) Respondent must Investigator to e Enforcement that the violation has been abated and request the perfonn a site inspection. Date .~ - ;);; -'tJ F 'U~ fpt- 11M helle Arnold, Director Code Enfo~ment Department . 5 '$Z,JlJb ~ . Date REV 2123106 lD TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Empire Developers Group, LLC., Respondent DEPT No. CESD20080014496 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-9 10 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080014496 vs. EMPIRE DEVELOPERS GROUP LLC, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Dust ControI22-26(1 04.5.5) LOCATION OF VIOLATION: Folio # 00185880006 SERVED: EMPIRE DEVELOPERS GROUP LLC, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. ::L COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080014496 Board of County Commissioners vs. Empire Developers Group, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Florida Building Code 2004 Edition, Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.04.A.1.a.vii(a-d) Location: Folio # 00185880006 Description: Failure to utilize adequate dust control procedures shall be sufficient to order cessation of the work causing such dust and to decline inspection requests Past Order(s): On November 20, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4410 PG 3205, for more information. The Respondent has not complied with the CEB Orders as of March 26,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $55.540.71 See below. Order Item # 1 and Order Item # 4 Fines at a rate of$286.00 per day for the period between November 27, 2008-March 26,2009 (119 days) for the total of $34,034.00. Order Item # 3 and Order Item # 6 Fines at a rate of$180.00 per day for the period between November 27, 2008-March 26,2009 (119 days) for the total of $21,420.00. Order Item #9 Operational Costs of $86.71 have not been paid, @ - BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, Vs. DEPT NO. CESD20080014496 Empire Developers Group LLC, Respondent(s), STIPULATION/AGREEMENT c..? 0.... COMES NOW, the undersigned, William Slavich, on behalf of himself or as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080014496 dated the 20th day of November, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for ; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of section(s) Florida Building Code 2004 Edition Chapter 1 Permits, Section 22- 26 subsection 105.5.5 and 04-41 The Collier County Land Development Code, as amended, Sections 4.06.04.A.1.a.vii[a-d] and are described as disturbed land in Vita Tuscana have not been hydro-seeded and now are creating dust. Adequate dust control measures shall be employed by the respondent 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. co c::::> C"',J m c::::> .,,--1 c::::t" c::::t" r::a::: C> THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 incurred in the prosecution of this case. 2) Abate all violations by: €0 ~~ A. Hydro-seeding disturbed land in folio #00185880006 'C3.1,.> c.\.~ 50 grade house pads to a 4:1 slope and level all stockpiled material within 4 days of this hearing (November 26) or a fine of $10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is jSS~Q. If a Plans & Plat permit is issued 1S"-I"... . : and construction work is not started by Decem~~~~~ 20._ 8i ;~,.-e ~~g~~t fwees to hydro-seed all disturbed areas within 14 days (Jal'1W"l~T.';Ood) or a fine of $10 per day, per acre will accrue until hydro-seeding is finished. B. Grade house pads to a 4:1~and level all stockpiled material in ~ r.>.L'~ (I! folio #00186000005 within ays of this hearing or a fine of $10 per acre, per day will be assessed until the violation is abated or a Plans & Plat permit is issued. C. If the respondent(s) fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. REV 2123/07 (0 D. The respondent must notify the Code Enforcement Investigator when the violation is abated in order to conduct a final inspection to confirm abatement. Code Enforcement Department ~Q~~ Diane Flagg V Director, Code Enforcement a.... c::> C"...J m k.)':-/ (. _ ..~\../lcl--/ j'Yl,/'f~rJ- 6.qe If )20/06 I / II- CAO-Or ~? Q.... Date Date c:> ....-I o:::::r o:::::r 0::: o REV 2/23/07 -------\--- \ c:::> ...--1 C'...:J m ~ 0... c:::> ...--1 c::::::tt o:::::t" -..... - - -- 0:: C> ~ r( y Prepared bv and return to: Stanl~y J. Lieberfarb Attorney at Law Stanley J. Lieberfarb, P.A. 1100 Fiftb Avenue South Suite 405 Naples, FL 34102 3464148 OR: 3631 PG: 1450 mORDn in omcu.1 mORDS of COLLin counT, n OE/25/200! at 08:17AK DYrGiT I, BROCr, CLiU CORS 3500000.00 m m 18.50 DOC-,70 2(500.00 coms UO Retn: S'l'Um J mmun 1100 5!Jl m S H8S WI.IS lL 3m2 File Number: G04232 (Space Above Thi> Line For Rewrding Dalal Special Warranty Deed This Special Warranty Deed made this ..l.1:.. day of AuglLSl, 2004 between Empire Builders of Collier County, . Inc., a Florida limited liability company, whose past office address is 5660 Strand Court, Naples, Florida 34110, grantor, and Empire Developers Group, LLC, a Florida limited liability company whose pets! office address is 3K38 Tamiami Trail North, Suite 300, Naples, FL 34103, grantee: (Whenever used herein the Ie..... granlDr and grantee inelude all the parties \0 this instJUmenl and the heirs. legal represenUllives, and assigns or individual.. and the successo-rs and assigns or corporations.. tn..tst.s and tru.s.leeS) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NO/IOO DOLLARS (SI0.0D) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida', lO-wit: Number: Tax I.D.# In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fir:st above wrinen. Signed, sealed and delivered in our presence: EMPIRE BUILDERS OF COLLIER COUNTY, INC., a Florida -: corporation Pri (CORPORA TE SEAL) STATE OF FLORIDA COUNTY OF (>0 III a.. The foregoing instrument was acknowledged before me this L day of August, 2004, by William Slavieh, as President of Empire Builders of Collier County, IDc., 2 Florida corporation, who is personally known to m~ or who has produced as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the 0 executing this' trum twas pl; nalfy known to me. If the wards in the paenthetic:aJ "didNot" are not circled, then sons cutl this in m d' like an oath. / My Commission Expires: ~' ~ Stanley Lie:DeI"iarb ('4. ; My Cornrrission 00115163 ..,.....1 Ex:p"". Augu.\ 29. 2OC'e. DoubleTrme" ~ ttt OR: 3631 PG: 1453 *** EXHIBIT "A" +=: +=: +=: The West 112 of the Southeast 1/4 of the Southwest 114 of Section 21, Township 48 South, Range 26 East, less the south 100 feet thereof, lying and being in Collier County, Florida; Together with The West 112 of the West 112 of the Southwest 1/4 of the Southeast 1/4 of Section 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida; subject to a canal easement over the South 100 feet thereof; ). ~-i ~ C"'..J m Together with The East 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21. Township 48 South, Range 26 East, Collier County, Florida; ~ 0... c::> ~ o::::t" o::::t" Less and excepting a parcel herein described as commencing at the south 1/4 comer of section 21, township 48 south, range 26 east; thence run north 00005'10" west for a distance of 100.00' to the point of beginning. 0::: c::> Thence run north 89059'30" west for a distance of Thence run north 57041'53" east for a dis Thence run north 43011'04" east for a . Thence run north 69014'31" east for s Thence run north 51"13'31" east f Thence run north 48050'11' ea~sr a I Thence run north 41017'38" eas for di Thence run north 55019'31" ea for . Thence run north 59040'49" ea t fo IS Thence run north 81"02'13" ea t fo is Thence run north 85"19'57" ea aq Thence run north 80056'51" easfOr Thence run north 79018'39" eas Thence run north 66015'46" east Thence run south 00004'57" east fci Thence run north 89058'07" west for To the point of beginning. +=: +=: +=: \. The Southeast 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 11, Township 48 South, Range 26 East, Collier County, Florida, subject to a 30 foot easement on, over, under and along the South 30 feet of said property for all usual purposes of ingress and egress and the placement and servicing of utilities; And The East 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 11, Township 48 South, Range 26 East. Collier County, Florida (Parcell) subject to a 30 foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcell; And The North 1/2 of the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East, Collier County, Florida (Parcel II) subject to a 30 foot right-of-way easement along the North and East lines of said property for all the usual purposes of ingress and egress as to Parcell!; q TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Empire Developers Group, LLC., Respondent Goodman Breen & Gibbs, Registered Agent DEPT No. CESD20080007919 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-12 13 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080007919 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: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Dust ControI22-26(1 04.5.5) LOCATION OF VIOLATION: Folio # 00186000005 SERVED: EMPIRE DEVELOPERS GROUP LLC, Respondent Patrick Baldwin, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABiliTY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAil. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFlCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. Avetisman - Tout odisyon yo tel an angle. Nou pan gin moun pou fe tradiksyon. SI ou pa pale angle lanpri vini avek yon inlepret pou pale pou-ou. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CESD20080007919 Board of County Commissioners vs. Empire Developers Group, LLC., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Florida Building Code 2004 Edition, Chapter 1, Section 22-26, subsection 104.5.5 and the Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.04.A.1.a.vii(a-d) Location: Folio # 00186000005 Description: Adequate dust control measures shall be employed by the permitee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures sufficient to order cessation of the work causing such dust and to decline inspection requests. Past Order(s): On September 25, 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 4425 PG 0513, for more information. The Respondent has not complied with the CEB Orders as of March 26, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $30.148.43 See below. Order Item # 1 and Order Item # 2 Fines at a rate of$180.00 per day for the period between October 10, 2008-March 26, 2009 ( 167 days) for the total of $30,060.00. Order Item #4 Operational Costs of $88.43 have not been paid. a ........... U"') c::::> ; ~ \! mORDr>> in omCill mORnS of COLLm coom, r1 otf25/2DH It 01: 1 UI DnGRT 1. BlOcr, CUll eQIS mom. De m m U.5D DOC-.iO mouo coms 2.00 PreDared bv and return to: Stanley J. Ueberfarb Attorney at Law Smoley J. Lieberfarb, P .A. 1100 Fifth AVeline Sooth Suite 4115 Naples. FL 34101 R@tn: S'fillUJLIEBImn mo m !VI S tm lAms n 3m2 File Number: G04232 ISpace Abon This Line For Rocordin: Daml Special Warranty Deed III th This Special Warranty Deed made this 10th day of An gust, 2004 betWeen Preserve Estates, L.L.e., a Fiorida limited liability. company, whose post office address is 5175 Blanding Boulevard, Jacksonville, Fiorida 322.10, grantor, and Empire Developers Group, LLC, a Fiorida limited liability company whose post office address is 3838 Tamiami Trail North, Suite 300. Naples, FL 34103, grantee: (Wh=Y<:r U$CC! b:ocilllh: termS Jl'3'd<< IIIlI gnnt= include all the pani:s 10 this illSl/UmCltl and the heirs. legal represenuuives. and assigns Dr individuals., ond the w=tS ond assigns of COrponJtiClllS. trum and 1n1S\eCS) Witnesseth, that said grantor, for and in consideration of the sum TEN AND NOli 00 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's hei~ and assigns forever, the following desc:ribcd land, situate, lying and being in Collier County, Florida, to-wit See Erliibit "A" attached hereto and incorporated herein. Parcel Identification Number. Tal: LD.# 00186000005; 1/ 00186520006; it 00R5880006; 1/ 00181400008; Tu LD.# 0018(1560004. Subject to taxes for 2004 and su~s ....~, conditions, restrictions, easements, reservations and limitations of recn ~ ~~ . -. ;;:0 .{'j.:.,,-' :;;:::::~:::::':::::~~:-~:=:~,:;~,:;~'::~ ;~~ ?c Together with all the tenements, h Signed, sealed and delivered in our presence: PRESERVE EST A TES, L.L.c, B Florida limited liability compauy [[- Pn'" N'~ARD SHFFFIElD ~~~ ~~MR STATE OF FLORIDA COUNTY OF ])UV,ro,L- The foregoing instrument was acknowledged before me this ~ day of August, 2004, by RONNIE D. COPPEr'CBARGER, as Director, ofCOPPMrTCH., INe., a Florida corporation, as Managing Member, of PRESERVE EST A TES, L.L.c., a Fiorida limited liability company, who is personally known to me Dr who n..,. I-'lu.iu~,*- ", ;d,,"an....titm and who did (did no!i take an oath. NOTE: If a type of identification is not inserted in the blanl:: provided, then the p=r>on ecutingJ:~ ~strument was pc~onally known to me. If the wards in the parenthetical "did not" are not circ:led, then the pe 0 s XCCI\:;) is instrument did lllke an oath. My Commissio~ . . ~ ~~OO'(~'''7 Signature ,If; e.;.;.~1ll.-- ,~ U....,WtlRl") ~YFFFIFI n Print Name ofNotaT)' DoubleTime- .... "'-. o =::cr .+-:=> L...:l '_0 CO "=' Q c.....> CO (..-..). 00 \" I 5 Vl\. .JU.JJ. fl.], J.":..IJ EXHIBIT "An The west 1/2 of the Southeast 1/4 of the Southwest 1/4 of Section 21, Township 48 South, Range 26 East, less the south 1 00 feet thereof, lying and being in Collier County; Rorida; \ Together with The West 1/2 of the West 1/2 of the Southwest 114 of the Southeast 114 of Sec:lion 21, Township 48 South, Range 26 East, lying and being in Collier County, Florida:; subject to a canal easement over the South 1 DO feet thereof; ...0 T""""'I Lr) 9 ; Together with The East 1/2 of the Southeast 114 of the Southwest 114 of Sec:lion 21, Township 48 South, Range 26 East, Comer County, Florida; Less and excepting a parcel herein described as commencing at the south 114 comer of section 21, township 48 south, range 26 east; thence run north 00'05'10" west for a distance of 100.00' to the point of beginning. ~ "", C> ::c:r The Southeast 114 of the Southwest 114 of the Northwest 114 of Section 11, Township 48 South, Range 26 East, Collier County, Florida, subject to a 30 fDot easement on, over, under and along the South 3D feet of said property for all usual PUf1lDSes of ingress 'and egress'and1he placement and servicing of ulilities; ~ 0..> <...D CO ~ Q Together with the following three mitigation parcels: And LV CO <...o..Jo '-0 The East 1/2 of the Northwest 114 of the Southeast 114 of the Northeast 114 of Sec:lion 11, Township 48 South, Range 26 East, Collier County, Florida (Parcell) subject to a 3D foot right-of-way easement along the North line of said property for all the usual purposes of ingress and egress as to Parcell; ~ And The North 112 of the Northeast 114 of the Southeast 114 of the Northeast 1/4, Section 11, Township 48 South, Range 26 East. Collier County, Florida (Parcel II) subject to a 3D foot right-of-way easement along the North and East lines of said property for all the usual pUf1loses of ingress and egress as to Parc::el II; to .:( y ---~- ~ ~ ~ U"") C"'-.J _.~- -=:t<< ~ . f'reParcd by and return to: StaDley J. Lieberlarb Attorney at Law Stanley J. Lieberlarb, P.A. 1100 Fifth Avenue South Suite 405 Naples, FL 34 HI2 ",.1.1....1.1 1.1.1, ..JVoJ,l. LU. J.~..iV mORDED iD OmCw. mDRlIS of COLLIn coum r fL DR/25/2DH It DB:l7A! DnGR! I. Bloer, CLIl1[ CGIS 35DOOOo.oO DC rn 11.50 DOC-,7D mouo coms 2.00 iem: S'!Axm J LInnlW llDD m !VI 5 ms mLES l1. 3U02 File Number: G04Z:n I Space Above This Line For Recording Dml Special Warranty Deed This Special Warranty Deed made this -1..1:- day of August, 2004 between Empire Builders of Collier County, . IDC-, a Florida limited liability company, wbose post office address is 5660 Strand Court, Naples, Florida 34110, grantor, and Empire Developers Group, LLC, a Florida limited liability company whose ptlst office address is 3&38 Tamiami Trail North, Suite 300, Naples, FL 341 03, grantee: (WhelleYer used hereill rhelerms granlDr II'Id gran... include all tho ponies 10 this instrument and the hei", legal rep....enlJlliv... and ...igns of individual.. and the .,,=5$0" and amps or corporatiom. InISIS anllll'U>ll:eS) r:-- ~ U"") ~ Witnesseth, that said gnmlOr, for and in consider1!tion of the sum TEN AND NOIlOD DOLLARS (SIO.OO) and other good and valuable considerations 10 said grantor in hand paid by said grantee, the receipt whereof is hereby acknowlcdged, has granted, bargained, and sold to the said gnmtee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Collier County, Florida, tD-wit: See Exhibit "A" attached hereto aDd incorporated herein. P'arcel Identification Number: Tn I.D.# 00186560008; #001861601119; #{j0 I 86600007; and #001867600(12. .x:: C> restrictions, easements, th 1...., . . .- , e",,:.u.=OIlg:;l or m anYWISe appertammg. \~ "-J f'S To Have and to Hold, the same in 11 pie forever. "* 00 Au' "" .=um '""'y =-" wi~ '" ili, "",,,, ~5~ seized of said land in fee simple; that the grantor has good right and lawful authority 10 ~o/~~ e grantor hereby fully warrants the title to said land and will defend the same against tbe lawful c~' ing by, through or under grantor>.. [n Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year fU'Sl above wrinen. Signed, sealed and delivered in our presence: EMPIRE BUILDERS OF COLLIER COUNTY, INC-, II FI"ridil .- corporation Pri (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF (lo 1/ I a.. The foregoing instrument was acknowledged before me this .!.2.-. day of August, 2004, by William Slavich, as President of Empire Builders of Collier County, Ine., a Florida corporation, who is personally known to me or who has produced as identification and who did (did not) take an oath. NOTE: If a type of identification is not inserted in the blank provided, then the so executing this' tnIm t was ~ nally known 10 me. If the wards in the paenthetical "didNot" are not circled, then eons uti this in mean oath. My Commission Expires: ~';t\. Stanley Lioberlartl (. ~ ; My Commission DO' 157113 ..,....',! E"",,,,, Augus1 ZIl. ~ Doublonmo. ~ C> ::u o+:=a L<.Jo .....0 CO ""'0 Q L<.Jo CO ..+:::.. c::> \ 1- ~ +=. +=. +=. co --' L..C"l c:::> C) ~ L..C"l C""-.J ~ ~ -=c:: c::> +=. +=. +=. '-- ~'> XX'li OR: jbjl PG: 14Jl 1\7\11 EXHIBIT "A" / *** OR: 4398 PG: 3841 *** I' The East 165 feet of the East 1/2 of the East 1/2 of the Southwest 1/4 of the Southwest 1/4, Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof for road and canal right-of-way. and and , . ." 1.\); i : . II POOR QUALITY ORIGINAL I ~ -I -=- 0 :J:J )> IZO m C) mOr " m OJrr :c z oCiTi m "'0 c )>S2::D en r )> ::DZO m )> ::r z 0 -< 090 0004 m m S::OJC Z 0 s:: 0 -cZ -I c: Z-l-l C) 0 )> cz-< s:: :::j rrloO "'0 " r :c r m m en-l::D m m .... )>cQ 0004 0004 ~ ZS::Z :::j m W o=i)> a c :::j :DmZ Z "T1 m mOO m 0 C o-lm :c :c -I ooz s:: 0 ::D- 0 0 o )> . -I enoo Z ::E: oO-...J 0004 :c m::Dr\:, ::E: m ""Crn~ m m )>en::D 0004 - ::D-m )> W -IZo 111 - S::G>c r s: m-l- m ZI::D Z _-I m rn r c: m 0004 ~OJ-I ~ m :;!O I en 'Tl)>)> )> 0 "'0 "T1 r::D-I C "T1 r 0 00)> C 0004 m Oor )> :c ::D'Tlr :c ::E: en -< - r m m m :2:00 en 0 OOJ en c "'0 c: . c OJ .. i> :c :c Iz-< en Z )>-1- Z 0 ::D-<~ -I 0 S::oen 0004 0 s:: ooen ::E: r- s:: ZS::I m m m -Is::)> 111 )> Z c-r 0 :c 0004 ::Den.! 0 )> !:( en z~OJ 0004 :c )> mOm ::E: C Z ::DZ'Tl m OJmo :c :c c c::D::D 0 )> -enm 0 :c r- s:: O::Dm m -mZ " )> -I zG>G> :c 0 G>_)> 0 C) - en G> m )> W-I- :c Z wmZ C O::DG> 0004 C C -L~z 0 )> :c m=i)> 0004 ::r m ::E: en 5;IZ m m en -1-1-< en s:: 0 -1Ir c: Z )>mo 111 c: Z s::oOJ c... s:: r- -rOJ m -< )>m-< 0 111 -I ~::DZ 0004 m ::E: -1^G> 111 :c m ::D-I)> m 0 )>00 Z ::E: --1-1 C) )> .!I< ::E: Zm=i :ij )> OJ iTi m )> ""Coen :c r)> m::D p _en 0 ,,)> !-I TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. James Hargraves, Respondent DEPT No. 2007110616 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) I 2 3-7 8 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110616 vs. HARGRAVES, JAMES L, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 03/26/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PROHIBITED USES & STRUCTURESstr-ILU-2.1.15. LOCATION OF VIOLATION: 728 100th AVE N Naples, FL SERVED: HARGRAVES, JAMES L, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON \I\IITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING. YOU ARE ENTITLED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL. NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. :1. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007110616 Board of County Commissioners vs. James Hargraves, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06 B(l)(a) and 10.02.06 B(1)(e)(i), the Code of Laws and Ordinances, Section 22, Article II, 104.1.3.5 and the Florida Building Code 2004 Edition section 105.1 and 111.1 Location: 728 100th Avenue Naples, FL Folio # 62780320006 Description: Structures attached to existing dwelling without obtaining required surveys, building permits, inspections or Certificate of Completion. Past Order(s): On October 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 4415 PG 0362, for more information. The Respondent has not complied with the CEB Orders as of March 26,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $5.286.45 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between March 1,2009- March 26, 2009 (26 days) for the total of $5,200.00. Fines continue to accrue. Order Item #7 Operational Costs of $86.45 have not been paid. @ Retn: CODI IlrOICIKlIT ImROllICI UTI: JIlIfALDROR 4243329 OR: 4415 PG: 0362 DC liB RICORDBD in the orfICIAL RICORDS of COLLIBR COUITY. rL 12/22/2008 at 08:44AM DWIGHT B. BROCI. CLBRI 27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. Petitioner, CEB NO. 2007110616 vs, JAMES L. HARGRA YES, Respondent I CORRECTED FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD TillS CAUSE came on for public testimony under oath, received evid Findings of Fact, Conclusions of La 2008, and the Board, having heard matters, thereupon issues its I. That James L. Hargrav 2. That the Code Enfo Respondent, having been duly n 3. That the Respondent 4, That the real. property I described as Lot 33, Block 67 N 14, Public Records of Collier Coon Development Code, as amended, Section 22, Article II, 104.1.3.5 and following particulars: e espondent and that the o d entered into a Stipulation I and by posting. . 62780320006, more particularly frecorded in Plat Book 3, page dinance 04-41, the Land i), Code of Laws and Ordinances, Sections 105.1 and 111.1 in the ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein. and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended. sections 10.02.06 BOXa) and 10.02.06B OXeXi), the Code of Laws and Ordinances, Section 22, Article 11,104.1.3.5 and the Florida Building Code 2004 Edition section 105.1 and 111.1 be corrected as follows: 1. By applying for a Collier County Variance by November IS, 2008 and obtaining a Collier County Building Pennit, all required inspections, and a Certificate of Completion within 120 days ofvariance application (February 28, 2009). 3 OR: 4415 PG: 0363 2. In the alternative, by obtaining a Collier County Demolition Permit, all inspections through issuance of Certificate of Completion, and by removing all related debris to an area intended for such use within 120 days (February 28, 2(09). 3. That if the Respondent does not comply with paragraph I of the Order of the Board by November 15, 2009, and within 120 days of variance application. then there will be a fine of $200 per day for each day until the violation is abated. 4. That if, in the alternative, the RespondeJit does not comply with paragraph 2 of the Order of the Board by FebnJary 28,2009, 1here will be a fine of$200 per day for each day until the violatioo is abated. 5. 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 1he provisions of this Order. 6. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That 1he Respondent is ordered to pay aU operational costs incurred in the prosecution of this Case in 1he amount of$86.45 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a bearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this t ~ this I~ day of Oe c. .2008 . () STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrumeot was 2008, by Gerald Lefebvre, Chair of the Code _ personally known to me or ~who has . .-N KRIS1IE HCUON ..til~ C()MMISSION' 00686595 f.: : i M'fEXPlRES;,Jooe18,2011. TA''' .._.. ~ \Jnd8IWlil8r.; ~~ .' Bcncle<I nvu ........ -........ ' Kudw fhc Lfn,... NOTARY PUBLIC My commission expires: )..'. 0'- f "UklL)A :oun1Y of COLUER t HEREBY CERTIFY THAT thIS II I""" :orrect CODY Of a aocumemOI1 ftle tn ,oa,nl Mlnulf@~ea.It VI'!'~Ess~v':nan}:J. . d., .. seal ttals ~ a~'o' , '. .' . " .;: .. ~ ~; ;. lWIGHT~. BR K, CLERK ~F COUIl1'I .0. _ ''t ~ . ., LJ *** OR: 4415 PG: 0364 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James L. Hargraves, 72~ Avenue N., Naples, Fl and to Peter Flood, Esq., 125 N. Airport Rd, Ste. 202, Naples, FI 34104 this ~ day of D..tr ~ . ,2008. jVJ~~~ ~ M. J~ wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforeement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 o BOARD OF COUNTY COMMISSIONERS Collier County, Florida OR: 4407 PG: 1770 Petitioner, Vs. DEPT NO.2007110616 James L. Hargraves Respondent(s), STIPULATION/AGREEMENT . COMES NOW, the undersigned, James L. Hargraves , 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 (2007110616)) number dated the 28 day of December, 2008 In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for; 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: Violation of Ordinance 2004-01. as amended. Sections 10.02.06(B)(1)(a). . (e). (i). Florida State Building Code 105.1.111.1. Code of Laws and Ordinances .Section 22. Article II. 104.1.3.5 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence . 1) Pay operational costs in the 30 of days of this hearing.. 2) Abate all violations by: App obtaining a Collier County ~ Completion within 120 days of application, or a ~Q each day any violation remains, 0 OJ;> r.lJ -, 3) By obtaining a Collier County Demo 1 ' . all required inspections. Certificate of Completion, and remove all related debris to an area intended for such use within 120 days of this hearing. or a fine of $200 a day will be imposed each day any violation remains. If the : Structure(s) attached to existing dwelling etion/Occupancy The violations are that of section(s) without obtaining required permit(s) or iss () THEREFORE, it is agreed betwee the pr secution of this case within f-;-I November 15th, 2008 and ctions, and Certificate of 200 a day will be imposed for 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. 4) The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. ;p;,-? F Q r Diane Flagg Code Enforcement Department /0 /3//0 i Date l{j 1t/~6 Date '~~ REV 2/23107 yv-)r (0 t''1 . t: ,-" ,. ..'~ . .(. I ~J 1-\ *** OR: 4407 PG: 1771 *** :ounty ot COL~! ~R ::_ I HEREBy..ct'RTIFY ;tHAT)tt)IS Is a true an'" ~Qrrect c.y or a <lcj~.;:~~~nr'o"fife In ioard Mti,ut~:;.ar.;'/'.~:& Collier Coantt Nr'!!I1ES~m\l ~r'~ ~ "';.<','~~i81 SIUII tbls ~ oar. Of~ '32<<>g . I. ...~.I..* " )WIGHl E:'~"Atim Of coum ~~t:._~_ 'i- (STRIKETHROUGH VERSION - NOT OFFICIAL) :H; 5.A. 'Y BOARD LIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members. There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1) year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures. Section 4. The Chair or Vice-Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board, in the Collier County Commission Chambers. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereofto each other member ofthe Board or by written notice signed by at least three (3) members of the Code Enforcement Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance of the meeting. At any meeting, the Board may set a future meeting date. Section 5. Attendance. a. a meeting. b. If a member misses two (2) successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. c. Attendance shall be in person and may not occur through any form of electronic medium. Members shall notify the Chair or Secretary to the Board if they cannot attend Section 6. Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or 2 adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action, Section 7. Voting. a. V oting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 8. to the public. Section 9. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Records. All records of regular and special meetings or hearings shall be open Section 10, The Code Enforcement Board shall be governed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business 1. Roll Call 2. Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing D. Motionfor Imposition of Fines/Liens E. Motion for Reduction/Abatement of Fines/Liens 5. Old Business }~. :MotioB fOF ImpositioB of FiBeslLieBs B. 1\loooB fOF ReduetioB/"A~hfttemeBt of FiBeslLieBs 3 6. New Business 7. Consent Agenda A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office 8. Reports 9, Comments 10. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board. Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (l 0) days prior to the hearing at which the alleged violator's case will be presented to the Board. A copy of said Notice shall be sent to the attorney for the Board, the supervisor of the Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet ofinformation detailing the alleged violation(s) to the Secretary of 4 the Board for distribution to the Board Members at least fifteen (15) business days prior to the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one (1) hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. 5 ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures will may be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement of the violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name, mailing address and physical residence. e. If the Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent should submit a notarized letter to the Chair of the Board granting that individual permission to represent him/her at the hearing. f. Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she shall notify the Board Secretary prior to the scheduled hearing, g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion ofthe Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a 6 majority vote of the Board. k. The Board or its attorney may question any witness(es) or call any witness(es) as necessary . 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. If the Board determines that a violation has occurred, it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred, the charges shall be dismissed. o. The Board, upon finding a Respondent in, violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date, In addition, the Respondent/violator may shall be ordered to pay any operational and/or prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten (10) days. p. In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Board shall notify the County Manager, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. 7 r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it may: (1) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days ofthe execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines-shftJI may be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction! Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abate, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Motion for Reduction!Abatement of Fines, attaching all supporting documentation. A Motion for Reduction! Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made. Under no circumstances may a Motion for Reduction! Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon proper fiIlng of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction! Abatement of Fines, the Board may consider the following factors; (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the 8 violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of fine/lien; (g) any hardship the fine/lien would cause on the Respondent; (h) the time and cost incurred by Code Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation appropriate. Section 4 The Respondent shall have the burden of proof to show why a fme/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. Section 5. If a reduction is granted; the reduced fine must be paid within (30) days unless otherwise specified in the order; or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time, the fine shall revert to the original amount. The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Section 6. The Board will not re-hear a motion for reduction of fines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing Fine/Lien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon Motion for Imposition of Fines being filed by the County, the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for 9 AbatementlReduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance, the amount of daily fmes and the total amount of fme requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for AbatementlReduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In determining the amount ofthe fines, if any, the Board shall consider the following factors; (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors, Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the violation(s) haslhave not been abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S. mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier County, Florida. Section 5. A certified copy of an Order of Imposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order nay be enforced in the same manner as a court judgment by the sheriff s of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid, the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution, Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy of an Order ofImposition of FinelLien has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. 10 ARTICLE XII Miscellaneous Section 1. These Rules and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under multiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rules and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing. THESE RULES AND REGULA nONS, As Amended, ARE HEREBY APPROVED this day of , 2009. COLLIER COUNTY CODE ENFORCEMENT BOARD 11 Gerald Lefebvre, Chair Kenneth Kelly, Vice-Chair Larry Dean Edward Larsen Lionel L'Esperance Robert Kaufman, Alternate James Lavinski, Alternate Vacant Seat Vacant Seat 12 :2-:::-0 ::J:J mZo :z 0 m rorr "tJ l> )> OCe :II s: G') )> 0 m :Dz:D m m m 00 .. 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G') -Oom :J: hl)>C/) m C/):D l> - 0 :II 11)> !=' f"'--I FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS ).lIDDL.E Nf'Mf= NAMEAF BOAIfe. CO~CI 9COMMISSlGfr't A OR. ITY. OR CpMMITTEE ,I" ^ rc~ LOOQ.. ~ 1/1/'- '(?:/L.U.A- r V '-C-v'-e./ . Is (/ I "I THE BOARD, COUNCil, C ' MMISSION, AUTHORITY OR COMMITTEE ON " _ /~/ WHICH I SERVE IS A UNIT OF: o CITY UNTY NAME OF POLITICAL ISION: , COUNTY ~ '" ' " e c)//I C/,. o OTHER LOCAL AGENCY OCC.lJRRED f).1.~ / () '1 MY POSITION IS: o ELECTIVE APPOINTIVE WHO MUST FILE FORM 88 This form is for l.!s~ by any R~~onservintl, at theQ94,nty :.~iD<: orp!h~r, I commissiQn! authoritY, otCPltlmlttee. It ,ipj)liesequallyt(Hrtemfiersof . cohflict of interest under S~ction 112.3143. Florida statutes. n; fti1,~ppointeQor ~'b&liliswhO- ate' ".ect boar4i,C:punGn; , . ted Witli ii' \i6U6i 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 inur~s tp his or. hfilrspecial private gain or lo~s. Each, el r ~ppo;ntEld local 0 1$0 is prohibited fr ~.. .....61211 16 :357", F.S.,al'ld' 6t'ficers ofihl:lepehdent specialtax 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 meeti ng, 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. , 1 ~~CLOSURE OF LOCAL OFFICER'S IN kt~ V\, ~ t . hereby disclose that on IL'-';1'; I, (a) A meijsJr~~ait1~or;~lille6tri~ bJfotJiriy~~~~c? Whi&h:(cW~ck'rine) 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 whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , by ,which Cl' rVv '\A~IV\f l- ~ FrStY--+; c0 ~'- /GV:',I.-,~ ~/~.vb.;:j-, r .I '} /') / / c .> /'/-.0 ,) .' --------7------------------------------------------ Date Filed ,,,,.----:..-----... -.. /" ." (~....--::"-;:"~ ~.-/-- L..---.....-- Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 3112.317. 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 88 - EFF. 1/2000 PAGE 2