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CEB Backup 04/23/2009
CODE ENFORCEMENT BOARD OF COLLIER COUNTY, FLORIDA AGENDA Date: April 23, 2009, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, Fl 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES — A. March 26, 2009 Hearing 4. PUBLIC HEARINGSIMOTIONS A. MOTIONS Motion for Extension of Time 1. BCC vs. Raymonde & Bolomin Charles CEB NO. 2007110124 B. STIPULATIONS C. HEARINGS 1. BCC vs. James Bachmann CEB NO. CETU20080003953 2. BCC vs. Rey & Edith Martinez CEB NO. 2007080603 3. BCC vs. Jose Rodriguez CEB NO. CESD20080003864 4. BCC vs. Ivan & Marjorie Bloom & Charles T. Kennedy CEB, NO. CESD20080011995 5. BCC vs. Capri International, Inc. CEB NO. CELU20080005078 6. BCC vs. Robert K. Toski CEB NO. CEPM20080014037 7. BCC vs. Kenneth C. Hill & Elizabeth J. Lefebvre -Hill CEB NO. 2007100809 8. BCC vs. Allen W. Fuller & Barbara A. Davis CEB NO. CESD20080010447 9. BCC vs. Allen W. Fuller & Barbara A. Davis CEB NO. CESD20080010474 5. OLD BUSINESS A. Motion for Imposition of Fines/Liens 1. BCC vs. Brien S. Spina CEB NO. 2007050845 2. BCC vs. Florida Metal Masters, Inc. CEB NO. 2007090640 3. BCC vs. Washington Mutual Bank CEB NO. 2007050259 4. BCC vs. Frank Paz CEB NO. 2006081159 5. BCC vs. Melkys Borrego CEB NO. 2007080008 6. BCC vs. Baby Boy Gallegos CEB NO. CEPM20080016779 7. BCC vs. Horse Creek Partners LTD CEB NO. 2005090022 B. Motion for Reduction of Fines/Liens 6. NEW BUSINESS 7. CONSENT AGENDA A. Motion for Imposition of Fines/Liens B. Request to Forward Cases to County Attorney's Office 1. BCC vs. Ricardo Jr. & Magda L. Munoz 2. BCC vs. 6240 Collier Group, Inc. 3. BCC vs. Emma Houston 8. REPORTS A. Rules and Regulation Discussion 9. COMMENTS 10. NEXT MEETING DATE - May 28, 2009 11. ADJOURN CEB NO. 2007100608 CEB NO. 2007080153 CEB NO. 2007070595 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007110124 RAYMONDE & BOLOMIN CHARLES, 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: 04/23/2009 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: 107 White WAY Immokalee, FL SERVED: Raymonde & Bolomin Charles, Respondent Weldon Walker, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07 -44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jeri Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)77448800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Eats audiencia sera conducida an at idioms Ingles. Servicios the traduccion no reran disponibles an Is audiencia y usted sera responsable de proveer su propio traductor, pars, un major entendimiento con las comunicaciones de este evenro. Por favor traiga su propio traductor. Avbtisman — Tout odisyon yo fbt an anglb. Nou pan gin moun you f8 tradiksyon. Si ou pa paid anglb tanpri vini avbk yon inftnbt you palb pouou. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. RAYMONDE AND BOLOMIN CHARLES, Respondents CEB NO. 20071 10124 N z o m a"sait=I =o o 8 o - -- he o d. W ( � �- O FINDINGS OF FACT, CONCLUSIONS 7D �. b ^> M OF LAW AND ORDER OF THE BOARD � o N THIS CAUSE came on for public hearing b re � �� , 2009, and the Board, having heard °: � � o o CD CA> testimony under oath, received evidence respective to at o to matters, thereupon issues its oQo Findings of Fact, Conclusions of Law, n er of the Board, as folio a tw � 9d I . That Raymonde and Bolo n C arle o rs o h subject rop y. H pO O 2. That the Code Enforceme t B rd as ri i io p o th Re pondents and that the - w Respondents, having been duly no iced ap ear a th p i arin n en fired into a Stipulation. ,n 3. That the Respondents wer So t ied of the date of heari by ce ifi I and by posting. 4. That the real property locate White Way, Immoka 35540360000, w more particularly described as Lots 17 lendale Subdivision, rdi g to the map or plat thereof, recorded � � in Plat Book 2, Page 102, Public Records alt unt , FI i A 'olation of Collier County Ordinance .q 04 -41, the Land Development Code, as amen a t c�s0) (a), 10.02.06 B(1)(e), 10.02.06 B(1)(e)(i) r in the following particulars: a Construction /Addition /Remodel done to overhang attached to front door entrance of house without Collier County Building Permits. ORDER OF THE BOARD CM Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and o 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 B(1)(a), 10.02.06 130)(e), and 10.02.06B (1)(e)(i) be corrected in the following manner: I. By obtaining a Collier County building permit and obtaining all required inspections and receiving a certificate of completion within 45 days (April 12, 2009) 2 By, in the alternative, obtaining a Collier County demolition permit, inspections, and certificate of completion within 45 days (April 12, 2009). OR: 4434 PG: 1377 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 12, 2009, then there will be a tine of 5200 per day for each day until the violation is abated. 4. That, in the alternative, if the Respondents do not comply with paragraph 2 of the Order of the Board by April 12. 2009, then there will be a fine of $200 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 Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 7. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of S86.43 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 tite Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate rex iew of the record created within. Filing an Appeal shall not stay the Board's Order. � Florida, � DONE AND ORDERED this • 7 _� day of)'1'1C„" 2009 at Collier County, STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument 4 2009, by Gerald Lefebvre ,Chair of personally known to me or AM.' :: MY coMMIS M tt DD 686595 EXPIRES: June 18, 2011 e M ATtru Nmq PAk UrAorwftrs .JO FORCEMENT BOARD ,CQgNTY, FLORIDA,, 04 0 VBoaro n has knowledged befode Enforcement o has produceJ i My commission expires: CERTIFICATE OF SERVICE ty, Florida, who is cerise as identification. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Raymonde and Bolomin Charles, 107 White Way, Immokalee, FL 34142 this L'"- day oftl 1 l,t,- t.�, 2009. �° °'e 0' F 60hWA 'OOnW of COLUER 1 HEREBY CERTO M- 4 OW is :Orrm cooy,o top file 111 808 Min on � Vin, Jean wson, Esq. orida ar No. 75031 1 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, VS. CHARLES, RAYMONDE & BOLOMIN Respondent(s), STIPULATION /AGREEMENT * ** OR: 4434 PG: 1378 * ** Case No. 2007110124 COMES NOW, the undersigned, CHARLES, RAYMONDE & BOLOMIN , on behalf of himself or herself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number 2007110124 dated the 261' day of February, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 02/26/2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced:NAA t�'1inC THEREFORE, it is agreed between 1) Pay operational costs in days of this hearing. 2) Abate all violations by: Respondent must obtain ier County buildin 107 Whit Wa Immokale 142 and certi a fine of Xday will be 1 o until violation is permit, inspections and certific letion will be imposed until violation is a j� and I stipulate to their existence. of this case within 30 ," ions, for his/her property located at letion withirWdays of hearing or pay R obtain a Collier County demollition of this hearing or a fine of $jci%r day 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investiq�ator perform a site inspection to confirm compliance. (24 hours notice it be by phone or fax and made during the workweek. if the violation is abated 24 hours prior to a Saturday. Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce a provisions of this 4eondernit ment. < Law, or a esentative (sign) Dian FI ector Enf o em DeoaC j Ll Respondent or Representative (print) Date Date REV 12/1/08 04/09/2009 16:39 2396588275 April 06, 2009 Dear Mr. Walker, PAGE 01/01 c•, This letter is in reference to the code violations that we received for the property address at 107 White Way Immokalee, Florida 34142. Due to an unforeseen circurnstame-ifiat has occurred I will be unable to get the engineer to view the property to issue a permit by the 12th of April, I am requesting an extension. of 45 days_ to give the engineer ample time to complete the work needed to address the property maintenance violations or to bri ng an inoperable vehicle into compliance at the above referenced property address. Thank you very much for your consideration of my request. Sincerely, IA"f� Bolomin Charles • • BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CETU20080003953 James Bachmann, Respondent(s), STIPULATION /AG RE E M ENT COMES NOW, the undersigned, James Bachmann, on behalf of himself ep 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 CETU20080003953 dated the 14th day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 23, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Temporary use permit expired. Use of a mobile home as a residence in conjunction with bona fide agricultural activity on Agricultural zoned property must be in receipt of a temporary use permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 . days of this hearing. 2) Abate all violations by: incurred in the prosecution of this case within 30 A) Applying for and obtaining a Collier County Temporary Use Permit for the mobile home and keeping permit up to date by renewing permit when required, or apply for and obtain a demo permit to remove mobile home and all related debris, as well as obtaining any and all inspections and certificate of completion with the demo permit with in 60 days, or a fine of $200.00 a day will be imposed for each day any violation remains. 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 with all costs assed to the property owner. R pondent or Representative (sign) Diane Flagg, Director Code Enforcement Department Respondent or Representative (print) Date 4-7 -3,o9 Date REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. James Bachmann, Respondent DEPT No. CETU20080003953 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3 -5 Copy of Applicable Ordinance 6 -7 Deed 8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CETU20080003953 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BACHMANN. JAMES, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Ag MH TUP5.04.00(D)(1) LOCATION OF VIOLATION: 1180 Dove Tree ST Naples, FL SERVED: BACHMANN, JAMES, Respondent Michelle Scavone, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioms Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsible de proveer so propio traductor, pare on mejor entendimiento con ]as comunicaciones de este evento. Por favor traiga su propio traductor. AvAGsman — Tout odisyon yo fbt an angI6. Nou pan gin moun you f6 tradiksyon. Si ou pa paI6 angl8 tanpri vini av8k yon intBprAt you pa16 you -ou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CETU20080003953 James Bachmann, 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, as amended, of the Collier County Land Development Code section 5.04.02(D)(1) 2. Description of Violation: Temporary Use Permit expired. Use of a mobile home as a residence in conjunction with bona fide agricultural activity on Agricultural zoned property must be in receipt of a temporary use permit. 3. Location/address where violation exists: 1180 Dove Tree Street Naples Florida 34117 Folio number 00304040009 4. Name and address of owner /person in charge of violation location: James Bachmann, 1180 Dove Tree Street Naples Florida 34117 5. Date violation first observed: March 19, 2008 6. Date owner /person in charge given Notice of Violation: May 27, 2008 7. Date on/by which violation to be corrected: June 14, 2008 8. Date of re- inspection: February 17, 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 17 day of IV, 2009 Michelle Scavone Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or armed) and subscribed before this Iqday of F2 b., 2009 by / (Signature of N&y Public) (Print/Type /Stamp Commissioned Name of Notary ublic) Personally known 1-1/' or produced identification Type of identification produced 1`?tJT° i`'? rL0PdDA des REV 3 -3 -05 PL -u : Allandc Bonding Co., Inc. 50 Case Number: CETU20080003953 Date: May, 14,2008 Investigator: MichelleScavone Phone: 252 -2973 COLLIER COUNTY CODE ENFORCEMEN' NOTICE OF VIOLATION Owner: BACHMANN, JAMES 1180 DOVE TREE ST NAPLES, FL 341175214 Location: 1180 Dove Tree ST Naples, FL Unincorporated Collier County Zoning Dist: A Sec 14 Twp 49 Rng 27 Legal: Subdivision Block Lot Folio 304040009 OR Book 3031 Page 2039 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: Mobile Home - Ag Use. TUP Required. Collier County Land Development Code 04-41 as amended, Section 5.04.02(D)(1) D. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: 1. Receipt of a temporary use permit,: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Violation of TUP ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must obtain a valid temporary use permit from Community Development and Environmental Services and meet all requirement of the temporary use permit AND /OR Must remove any and all mobile homes that are not an allowed use on any property that is not specifically designated for such use AND / OR Must obtain any and all applicable permits to demolish or remove said mobile homes AND / OR Must obtain any and all local, state, and federal permits required for the agricultural use and /or to place a mobile home(s) on any site in addition to a valid temporary use permit from Community Development and Environmental Services ON OR BEFORE: 06/14/2008 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. E INQUIRIES AND COMMENTS SHOULD BE i DIRECTED TO CODE ENFORCEMENT 2500 No. Horseshoe Dr. Naples, FL 34104 Investigator Signa ure j y O (239) 252 -2440 - Fax: (239) 252 -2343 Signature and Title of Recipient Printed Name of Recipient Dated: 3 • Complete items 1, 2, and 3. Also complete A Signature Item 4 if Restricted Delivery is desired. X A W��r�Aaaat • Print your name and address on the reverse ' � ❑Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece, R eived by (Printed Name) C. Date of Delivery or on the front if space permits. ^ 1. Article Addressed to: ( —�]I6 D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No CASE #CETU20080003953 JAMES BACHMANN 1180 DOVE TREE ST 3. O vice Type NAPLES FL 3411' -5214 Certified Mail ❑ Express Mail Resister ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. x- 4. Restricted Delivery? (Extra Fee) ❑ Yes t � .. _ 7006 3450 0002 4970 7253 PS Form 3811, February 2004 Domestic Return Receipt 102595-02 -M -154( USPS - Track & Confirm UN4TW- STAMS P05T ., ERMEe Track & Confirm Search Rcsutts Label/Receipt Number. 7006 3450 0002 4970 7253 Status: Delivered Your item was delivered at 1:52 pm on May 27, 20DB in NAPLES, FL 34116. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files oftline. Rt t lifffette I CL7r7S D T? t firma fa USPS Com Home : rage iorl Home I Helo I Sign In Track & Confirm FAQs Track &i Confkm H Enter Label/Receipt Number. ;jam s Site Map Contact Us Forms Gov't services Jobs Privacy Policy Terms of Use National 8 Premier Accounts t Copyright0c 1999.2007 USPS. All Rights Reserved. iqo FEAR Act EEO Data FOIA �: Y 1,tt„• / /trkr.nfrm l .smi. uses. com/ PTSInternetWeb /InterLabelInquiry.do 2/17/2OOy'\ 5.04.00 TENIPUKAKY U�st, i AND iltcut-i utcr-3 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Generally (To Be Provided) 5.04.02 Interim Agricultural Uses r a?,- C t vl /. A. It is the intent of this section to permit certain interim agricultural uses on a temporary basis which retain the land in its open, undeveloped character. 1. No land authorized as an interim agricultural use to be used or used for agricultural uses or activities shall be rezoned to, converted to, or used for any nonagricultural use or development for at least ten (10) years after any new clearing of such land. 2. The inclusion ofbuildings and structures, other than wells, structures for conservation and drainage protection, and unpaved roads, is strictly prohibited. 3. The interim agricultural use of the premises which in any way attracts or invites access and use of the general public, or the use of such premises for any commercial activity other than that expressly permitted within the zoning district, is strictly prohibited. B. The procedures for approval of an interim agricultural use are set forth in Chapter 10. The following criteria apply to all interim agricultural uses: 1. Interim agricultural uses may be permitted in any zoning district, except the rural agricultural district, for only the following agricultural activities: pasturing, field crops, horticulture, fruit and nut production, forestry, beekeeping, aquaculture and mariculture. 2. The grant of the interim agricultural use shall be in harmony with the general intent and purpose of this Code, will not be injurious to the neighborhood or to adjoining properties, and shall not be otherwise detrimental to the public welfare. 3. Compliance with all elements of the GMP. 4. Compliance with all environmental regulations as identified in this Code or other County regulations and policies. 5. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. 6. Off - street parking and loading areas, where required, with particular attention to the items in subsection 5 immediately above and economic, noise, glare, or odor effects of the interim agricultural use on adjoining properties generally in the district. 7. Refuse and service areas, with particular reference to the items in subsections 5 and 6 above. 8. Utilities, with reference to locations, availability, and compatibility. 9. Screening and buffering with reference to type, dimensions, and character. 10. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effects, and compatibility and harmony with properties in the district. 11. Required yards and otheropen space . 12. General compatibility with adjacent properties and other properties in the district. http: / /library3.municode.com/ default /DocView /13992/1/36/40 ?ldlite =5 04 00; (0 J.".UU InivLrkjxCl I UoLJ tS1VL J11ZUl.IUlt1✓,J r [LbG G Ul G 13. Any special requirements established in Chapter Two for the particular use involved. 14. Any interim agricultural use shall expire one (1) year from the date it was granted, unless extended by action of the BZA . If, by that date, the use for which the interim agricultural use was granted has not been commenced, an interim agricultural use shall automatically expire two (2) years after the date of grant and must be reviewed by the BZA in order to be continued. Each subsequent renewal period shall be limited to two (2) years and must be reviewed by the BZA at the end of each two (2) -year periodin order to be continued. C. A mobile home may be used as a temporary residence while a permanent single - family dwelling is being constructed, subject to the following: 1. Receipt of a temporary use permit; 2. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single - family dwelling, or upon the completion of the single - family dwelling, whichever comes first; 3. Proof that prior to the issuance of a final certificate of occupancy for the single - family dwelling, the mobile home is removed from the premises; and 4. The mobile home must be removed at the termination of the permitted period. D. Use of a mobile home as a residence in conjunction with bona fide agricultural activities subject to the following: 1. Receipt of a temporary use permit; 2. The receipt of any and all local, state, and federal permits required for the agricultural use and /or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like; 3. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agricultural activity for which the mobile home is an accessory use; 4. The initial temporary use permit may be issued for a maximum of three (3) years, and may, upon submission of a written request accompanied by the applicable fee, be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricultural activities; 5. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five (5) acres in size. Any property lying within public road rights -of- way shall not be included in the minimum acreage calculations; and 6. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested, shall not be located closer than 100 feet from any county highway right -of -way line, 200 feet from any state highway right -of -way, or 500 feet from any federal highway right -of -way line. http: / /Iibrary3.muaicode.com/ default /DocView /13992/1/36/40 ?hilite =5 04 00; 5/13/2008 q •Ap- -17 -p2 07 137P r•et:arellly I.atrttriatitrwea•Srtryg :a island t4k Cdarany Altuey.Inc. 4�tp'lralf 916A.-' !1ATI.tlit YL 1 ;"ewal w the iuut, acv of i tale I,.yrv«re poi.s i0 Number 02) 1604 6rjutl ID r: 0 i.iratxla> HS a * *x 2977236 OR: 3031 PG: 2039 11CQUU 11 OPPICIAt IICo1D1 of CDtt111 COU", Pt 05/0/2002 it 12:13PA DYIGIT 1. 310a, Call Cols 27600,00 lit m i.00 DOC -.10 193.20 Collis 1.00 fix 1.00 V4 AiiRAA I.1' DrED alai: 104D117t)i'AL) IS MO TITW GOAUUY AGIIGT I rho WARR ANTY Dt:Iil. mr,; A w tk1,Ztt03 PICI OP It., Monte Jo Vk9110a !lurtmut, an not nitrated widoy.. Cw tiyity tDoucO..[t�illi,un! twin Korman Awle pose oulce addleu .,. at70 7ri ♦sro. y.M, ♦apin, !'1.331 t4 iacmnter called the ARA..V. UlL to James iaelwe"m wtms0 pled Ylllf:c —kko.w it lip Mmand let Hnilvwuud, FL 33A'3 hersututter eslicJ the GX4- %; .l"LU N11CraYtt iota hQC \t The kl7tte `�wt.ts• : ^Q 'tiraA,ct'- tWwt a. ltartL¢ W. it.•a ;ryytYtl-Dt d1Yt '!t! gp hone 1.141 r :7trtyvALhvp oay; aan arinatt'll CA14 Will the "cesu,n eati =%qul ut .u:yu :annm t WITNFS'F.TH• 71W the GRAN t'Url, nor 4r.1 t t i onsi,ru.twa or the sum -It 11o.()o Glad uthtr t:luahk , xtsal:talutler, n�cttu ..1teltar! IS noraby iGk t,Wleliautt fleClbN tStaat3, barpa:ttz Cl t, 7!11114, wards:%, rrlea:eS l.onvt)t, anti t nrlitsaa i:ttW tht (iAA,41 EF. all dam trrtna :and ,mite ul C01 kr 0 tvity. Fkiridn. rte. TIN Wes 13 111`1114 8641911 112 01 169 &ou,:i 17 01 111e S Ill u(thd garb 1.2 ut the Nnttbilem 14 Lou the Nest 38 feet IhsreG4 dedie ad fiat rand pwpml&. lyink and being in Secllun 14, luwtt11110 47 South. Rance 27 fate. (.tJlln Cuunty, !'brld, rar'snL-r hereby wturanu rtutr 3 ?sr pro1wrty dca•r+hed In thit inatrualent is act his w1wilutitill i) h0rnc%1eui at p�tx•t,•fK t -,V the Finrida fnrttiruuwt. nI+WLL'1' lU t:urctunfa, vt.altliu�rta, testru•:.titt., r:La1i'nl' 1aYY, a.sesunettle 6r the t'ur 2A03 4nat ,- 46'yurnt rX . Aid— ll�,tx, nuFtMral by gw•trtt ""rime wti+a«ili�, II an I OGETHER wAh All at.c 1M. -tnera luzzlit 0 r1 try. nt sru, r, Ilttl t :y TO HAVF .117) TO Ht)LI!. iltt sa, :lc AA) l!W G"N IZ>tt rer-by vu., •::aftu w etd en fee r:rrrplr; tarn der tw nellyvwre till she trtit l., wii lar•,i.r•tf ill 111 W(T'.FSS C+'HF' ' cTiL,t�7' =ii fiat �tFA 1N' s Lill i 111 l Prltat Sittrtaltlre Jp pri.•d N441e State ai county of alld sealed Iran pi pity t!r. w«unty :w al,lrrat:,U Oi rtvttd, tf,L :y, tates'110 ., .g ry irnan: a uat'.ar re.vt.etotta and iwohiblu. i/0 lout � w L. U'. a sy A ISe app4traim .C, w�< <+K+1`•1Uk is 4,vltUY wie;.l o yt;,i h.t.d; dot dw t 3LAS I t.eK n.•r,•b.. an egr�.,ert whn.tW rve ►1: ,:bore t ,yam •i N�s3 -L�{. ut- c4� -tr I an A ttwaly p;Ibbr .,t ft eta.: n! ��, d rg ,mrmr,ttAlt el p res. (Ht. Fl7NF't}(1WC 1K8T41tMENT v.ae xlcnoaleripa. t+ti..ce,>4 0o IW N2011 , ty tatreda Jn YY�ttda KYrrsrn. as Wnrondil it+d widtnt , ;arvlviNg a"aft e( N'Qyun Itr et in \rl man &O , Omw L churn • �' •�+r b, Zoos u COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. James Bachmann Violation of Ordinance 2004 -41, as amended of the Collier County Land Development Code, section 5.04.02(D)(1) Michelle Scavone , Code Enforcement Official Department Case No. CETU20080003953 DESCRIPTION OF VIOLATION: Temporary use permit expired. Use of a mobile home as a residence in conjunction with bona fide agricultural activity on Agricultural zoned property must be in receipt of a temporary use 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. Applying for and obtaining a Collier County Temporary Use Permit for the mobile home and keeping permit up to date by renewing permit when required, or apply for and obtain a demo permit to remove mobile home and all related debris with in x amount of days, or a fine of $ x amount a day 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 rtdmCJV) LuAae►Ntaaer5rrrtlgrt 1ttaAd Tllle Gagranl y A11tat y. fill . t►.w '1 fall 1114 — !IApd.Gh 1)'L ,midelval ti: the imlo a $11A r/lle t +•t.r�ure Ill+h:> Numwf Oillfea Pat.ai 1D e: 40 unwela) 4S a * ** 2977236 OA: 3031 PG: 2039 * ** HCOHH 10 0111CIAL HCOHS of COLLI11 C0011i, tL 05/00200: It 12:131,11 D11IM 1. loci, cull COTS 27100.00 HC PH 1.00 DOC•.10 111.20 C01,113 1.00 11I3C 1.00 %ARNAA TY IRF'11 "U: IC DIVIDUAL) IILAH TITU WAIHTI HIM I PICK III 1'hw WAkR1NTV ULLL)Aa1:,:01.1WA11111 w. taalda Jo vlrfirga Wrrowa an and tniarrled wide%.. Wt %i►ity spowe at N YYarn /rate Kuftnau MhuK purl oultt addfraa ... 4170 7th 47m. NA, ♦apin, Fl. 341111 herrtrtttrttr called the ARA V': I! L w Jame leebm"S wtmro iW W&C «1414`0.•: It 110 Moved At Nellywudd. FL 3307.1 heremNtrr cdkJ the GRANTLL . 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Cirdnlar harft warranu ttwr the prapw ly tiv wr,l%ed w Out irantnent is :Pct his wu►:iluln►twl horo"tad it etrovnilk 1,v slit Flu►ufa Cnrm4rautlrt. oUWG(.'1' 10 tuvewwb. twidiaNts. ,w rnrM% —i awtva:rata p mord. tf aity, t►aet an., r•at +.n%enu the 46e %'ear 1x03 2nd ,,.v".46en, ys , t ill�iprtKd: _. . •.q �r1�M>,: u�i'.x n.uwYloru atd t>ruhib,uuna nlqo►rdhy 8MVIFFntee,al aattr,ritwtL, urn) __�,, 1MiETHER w.rh all Ox ar inert brt.Ji 0 ,J app. IM11141' e% lion r:- k �\ w: u: a lynlro appelraiarltt. TO MA VF AM) To H41.It, :Ue went n fil. A W I l IL' 4KA,\ Il )tt wrrohy fur :: 16W QMA?.I UK i► lai,lt,ll) wi"J I. rr,A cnd to %t wrtple: that dtn UMAYI',: hr. , l 11 111 1 x J 4.J. de dw AUlt lwr.b I r wuv woran%a the Mir a• solid lard 60 ill :e b4, a•, -n r 1• U,t 1 a of it otjn,t.a wryn.ny 4`.e N WfTt.FSS K'NF.' ' (IRA i BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CETU20080003953 James Bachmann, Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, James Bachmann, on behalf of himself ef6 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 CETU20080003953 dated the 14th day of May, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 23, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Temporary use permit expired. Use of a mobile home as a residence in conjunction with bona fide agricultural activity on Agricultural zoned property must be in receipt of a temporary use permit. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.71 . days of this hearing. 2) Abate all violations by: incurred in the prosecution of this case within 30 A) Applying for and obtaining a Collier County Temporary Use Permit for the mobile home and keeping permit up to date by renewing permit when required, or apply for and obtain a demo permit to remove mobile home and all related debris, as well as obtaining any and all inspections and certificate of completion with the demo permit with in 60 days, or a fine of $200.00 a day will be imposed for each day any violation remains. 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 use the assistance of the Collier County Sheriffs agreement with all costs assed to the property owner. qRpolnldfint or Representative (sign) Respondent or Representative (print) L1 Date County may abate the violation and may Office to enforce the provisions of this r Diane Flagg, Director Code Enforcement Department 4.7,5 -oq Date REV 1211108 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Rey & Edith Martinez, Respondent DEPT No. 2007080603 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 -5 Copy of Applicable Ordinance 6 -8 Deed 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: 2007080603 COLLIER COUNTY, FLORIDA, Plaintiff, vs. REY & EDITH MARTINEZ, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 1410 Apple ST Immokalee, FL SERVED: MARTINEZ, REY & EDITH, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED -TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 responsible de proveer so propio traductor, para on mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AvBtisman — Tout odisyon yo f9t an anglb. Nou pan gin moun you f8 tradiksyon. Si ou pa paI6 angI6 tanpri vini av ®k yon int9pr6t you paI6 you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. 2007080603 Rey & Edith Martinez, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s): 04-41 as amended, The Collier County Land Development Code, Sec(s). 10.02.06.(Bx1)(a); 10.02.06(B)(1)(e); and 10.02.06(B)(e)(i) 2. Description of Violation: Multiple additions built on to structure without first obtaining proper Collier County Permits. 3. Location/address where violation exists: 1410 Apple St, Immokalee, FL, Folio# 30680880005 4. Name and address of owner /person in charge of violation location: Rey & Edith Martinez, 602 New Market Rd W, Immokalee, FL 34142 5. Date violation first observed: August 16, 2007 6. Date owner /person in charge given Notice of Violation: August 28, 2008 7. Date on/by which violation to be corrected: September 22, 2008 8. Date of re- inspection: February 20, 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 12th day of March, 2009 Jona an Musse Cod nforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn (ova and subscribed before this 12`h day of March 2009 by (Signature of Notary Public) Personally known or produced identification Type of identification produced REV 8 -20 -08 NOTARY PUBLIC -STATE OF FLORIDA Marie L Cheri Commission #DD721000 s•: Expires: OCT. 01, 2011 BONDED THBU ATLAN1TC BONDING CO, INC. (Print/Type /Stamp Commissioned Name of Notary Public) Case Number: 2007080603 Date: August 22, 2008 Investigator: Jonathan Musse OfficePh one: 239 - 252 -2411 Cell: 239 - 877 -8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: MARTINEZ, REY =& EDITH 602 NEW MARKET RD W IMMOKALEE, FL 34142 -3054 Location: 1410 Apple ST Immokalee, FL Unincorporated Collier County Sec: 32 Twp: 46 Range: 29 Zoning Dist: VR Folio: 30680880005 Property Legal Description: EDEN PARK BLK 1 LOT 6 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0744, 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, Improvement of property prohibited prior to issuance of building permit. Collier County Land Developement code 04 -41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) 'A 1 a``QiO�� The County Manager or his designee shall be responsible for determining whether applications for building or land {ece`p th f�fLe by the Collier County Building code or this Code are in accord with the requirements of this,4eae� e` alteration permits, as required Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to av{ 011n� applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration it Re permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples ea 0a,�' include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing to P `%ed UP, �\e permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), ara�° inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code � ri, Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, a Q"Q av'� 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...: ao� en i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Room addition constructed without first obtaining property Collier County permits. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structureAmprovements. 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. -O:k 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. ON OR BEFORE: September 22, 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: I st ator Signature Jo n Musse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient August 22, 2008 Date 4 s4rre T�tl 1 �a ORDINANCE NO. 04- 41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS F COWER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COWER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91 -102, AS AMENDED; PROVIDING FOR -., SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC.-__ 1_03.00 RULES OF CONSTRUCTION, SEC. 1.04 -00i - 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 ZONINGS- DISTRICTS, SEC. 2.63.00 ZONING DISTRICTS, SEC. 2.04.00 aate, F3 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN y Z ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF - STREET PARIONG AND LOACNNG, SEC. 4.06.00 LANDSCAPING, - SUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES ' fN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 - RESERVED; CHAPTER 8 - DECIS ION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF - COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC(ARCHAEOLOGICAL PRESERVATION BOARD, . SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8 -09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES. DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. r s i or Land Alteration Permits.. wilding or land alteration permit and certificate of occupancy compliance rocess. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, - - altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier . County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. 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: :uY w� Where ownership or ,property lines are in doubt, the County Manager or his designee may tequlre the submission of a survey, certified by a land surveyor or engineer Iloonsed In the State of Florida. Property stakes shall be in place at the commencement of construction. 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. 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.G. 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). Prepared Luz G. Diaz Corwin Title Co, Inc. 6150 Diamond Centre Ct-, Suite #603 Fort Myers, Florida 33912 File Number. 06 -1087 General Warranty Deed *** 3909184 OR: 4113 PG: 1626 RECORDED it OFFICIAL EECOEDS of COLLIE! Con", FL 09/28/2006 at 01:53Pr DEIOEi E. EIOCI, CLEEI CONS 15000.00 EEC FRI . 10.00 Reta: DOC -.76 525.00 CAIIII lIiLI CO INC 6150 DIAMOn CIITU Ci tt603 FT !fills FL 33911 Made this July 31, 2006 A.D. By Juan Antonio Jimenez, a single man and Barbara Jimenez, a sin le woman, whose address is: 1110 New Market Road, Immokalee, FL 34142, hereinafter called the grantor, to Rey Martinez and Edith Martinez, , w ose and wife, go whose post office address is: 602 New Market Rd., Immoklee, Florida 34142, hereinafter called the grantee: (Whenever used berein the term "grantor' 'a ofgr�ah�lude all the parties to this instrument and the hers. legal representatives sad assigns of individuals, and the successors and assi Wituesseth, that the grantor, for and inconsideration of the stem of Ten Dollars, ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, rel e all that certain land situate m Collier County, Florida, viz ases, conveys and confirms unto the grantee, Lot 6, Block 1, Eden Park, according to the plat thereof recorded in Plat Book 4, Page 70, public records of Collier County, Florida. R COU Parcel ID Number 30680880005 c1© �. Together with all the '(i /" j yE ►'t" a11C lonlin or in ao ��( (. •f I g his` ���thg To Have and to Hold, the e r And the grantor hereby covenants grantee that the has good right and lawful authori to sell and gran 1• 1 seized of said land in fee simple; that the grantor the same m land; that the granto a fully warrants the title to said land and will defend against the lawful claims of all pen , and subsequent to December 31, 2005. ver is free of all encumbrances except taxes accruing Tf� 1 CIRC In Witness Whereof, the said grantor has signed and sealed these Presents the day and year first above written. - - -- ____ Signed sealed and delivered io our presence: Juan Antonio Jimenez eat) witness Printed ame Lu D Address: 1 110 New Market Road, Immokalee, FL 34142 Barbara Jimenez (Seal) Witness Printed Name Address: 1 110 New Market Rd., Immokalee, FL 34142 -3044 State of Florida Torrgnaq E. Qmm, Jr. County of Lee The foregoing instrument was acknowledged before me this 31 st day of July, 2006, by Juan Antonio Jhnen Jimenez, a single woman, who is/are personally known to me or who has Pr a single man Barbara P drivers lice 'dentificatiory VL N Pobllc Print Name: � C7. My Commission Expires: L11z G. Diaz pC.OMMission # DD449242 DEED Individual Warranty Deed - Legal on Face Sanded Thru es: Jg di 10, 00 Closers' Choice COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. 2007080603 Board of County Commissioners, Collier County, Florida Vs. Rey & Edith Martinez Violation Ordinance 2004 -41 as amended, The Collier County Land Development Code, Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. 2007080603 DESCRIPTION OF VIOLATION: Additions built on the structure without first obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: Obtaining a Collier County building permits for unpermitted additions to structure with all inspections, and certificate of completion with days of this hearing or a fine of per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within days of this hearing or a fine of per day will be imposed until violation is abated and remove all construction waste to a site for such disposal. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. REV 1/5/09 It 1 , 4 T 1_ 1. . -, , t • ' . a � , r , gR 1 • ,, 4 ' , , .4., . 4',-' ter r l ♦€* t g e :tr.:- 1 ‘-' -'-'' - :. — ,,,,J.'t , im • !Y -, •,•, t ,i 't in . .,,,.. b � , , , .::: ,, , . , , „ 4,, .,..,‘r., ...la,* , t... . „,.._* ,,„ t, • ✓ 4^ � go II,„ { ap?# f ) _ 3 1- ,. ,:„. , ,._,„,,.., ,, .,„,.... .„............„, „.........„ . .. . , ., ,.,... . ,.. ,` • , „.,. a I csii„ Mt • • mac., ,,..,- H mow. . . r Y9� e y) r * ,3y " . I —: 41,`,x 1 of,8 - 1� s ffrix .- s 1 m ff g' E. j is ♦s +v� _ " `' x H !Sa i „ B y,. !.° It !1 w p ar r { s .7 ' ' 7. • ,, •7 .-Ai;.' 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Jose Rodriguez, Respondent DEPT No. 2007080603 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 -6 Deed 7 -8 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080003864 COLLIER COUNTY, FLORIDA, Plaintiff, vs. RODRIGUEZ, JOSE, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 607 Glades ST Immokalee, FL SERVED: RODRIGUEZ, JOSE, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 ]as comunicaciones de este evento. Por favor traiga su propio traductor. Av9tisman — Tout odisyon yo f8t an angl8. Nou pan gin moun you ft tradiksyon. Si ou pa pal8 angl8 tanpri vini av8k yon intBprbt you paI6 you -ou. __t COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080003864 Jose Rodriguez., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Ordinance(s): 04 -41 as amended, The Land Development Code, Sec(s). 10.02.06.(B)(1)(a); 10.02.06(B)(1)(e); and 10.02.06(B)(e)(i) 2. Description of Violation: Bedroom and bathroom addition built on side of structure without first obtaining proper Collier County Permits. 3. Location/address where violation exists: 607 Glades St, Immoakee, FL 34142 / Folio: 63857400007 4. Name and address of owner /person in charge of violation location: Jose Rodriguez, PO Box 703, Immokalee, Fl, 34143 -703 5. Date violation first observed: March 18, 2008 6. Date owner /person in charge given Notice of Violation: March 18, 2008 7. Date on/by which violation to be corrected: April 18, 2008 8. Date of re- inspection: February 24, 2009 9. Results of Re- inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the 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 3`d . day of March, 2009 Jona an r�jj usse Code orcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Sworn t (or /ed) and su scribed b re this 3`d day of March , 2009 by (Signature of Notlo Public) (Print/Type /Stamp Co issioned Personally known or produced identification Type of identification produced REV 8 -20 -08 Name of Notary Public) '41Q 31, 200 - :.;�i� bQIICly7a CQ N Case Number COLLIER COUNTY CODE ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION despondent Date: Investigator:n5 r Phone. 239 - - G )34 Zoning Dist Irli 1 1(7 — Q Sec :33 Twp 4t, Rog Mailing : P i J V) 7 3 Legal: Subdivision - j Block Lot 1'MMJL ( . X41 U 3 -') 0 Location: (nCn l'�Id -:5� Folio t n Jj�Tj rat OR Book �j(, �j Page Unincorporated Collier County Violation: Pursuant to Collier County Code Enforcement Board Ordinance 05- 55 and 97 -35, as amended, you are notified that a violation(s) of the following codes exist: Ordinance 2003 -37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -of -way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work, etc. (Also found in Section 110, Article 11 of the Collier County Code of Laws and Ordinances, Section 110 -31) Ordinance 04-41, as amended, Land Development Code, Sec. 10.02A6(B)(1) Building or land alteration permit and certificate of occupancy 10.02.06(Bxl)(a)Zoning action on building permits... no building or tructure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. X0.02.06(Bxl)(e) Improvement of property prohibited prior to issuance �✓ If 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. f7J10.02.06(B)(1)(e)(i) In the event the improvement of property, construction of - � any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article II ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc 0103.11.2 Physical Safety [poolsl. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. 0106.1.2 Certificate of Occupancy. Upon satisfactory completion of construction of a building or structure ... and after the final inspection, the Building Official shall issue a Certificate of Occupancy stating the nature of the occupancy permitted, ... with the provisions of this Code. Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application 0105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project. Section 111.1 Service Utilities ❑111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. W I L sti • a ■ NMiAD I ■t�n���[�is h aaL Order to Correct Violation(s): Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurefrmprovements: OR remove said strucnrrefunprovements, including materials from property and restore to a permitted state. )4Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. OR demolish described improvements/structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: 4 • L1, 01 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 51000 per day per violation, as long as the violation remains, and costs of j prosecution. Res is SiFianire es- Date v igator's Signature Date Notice of Violation Original to File Copy to Respondent Copy for Site Posting Copy for Official Posting RevO6/1 Z34OF ORDINANCE NO. 047 41 ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS �, F COLLIER COUNTY, FLORIDA, RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91 -102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SECS 1 -03.00 RULES OF CONSTRUCTION, SEC. 1.04.00r - APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE ANDr--�;_ - INTENT, SEC. 1.06.00 RULES OF INTERPRETATION, SEC. 1.07.00`- LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; ir,- CHAPTER 2 -ZONING DISTRICTS AND USES, INCLUDING SEC.(--%--. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING r' 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 PROTECTION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION, SEC. 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 — SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF- STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, UST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME OCCUPATIONS, SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 ADEQUATE PUBLIC FACILITIES REQUIREMENTS, SEC. 6.03.00 WASTEWATER SYSTEMS AND IMPROVEMENTS STANDARD, SEC. 6.04.00 POTABLE WATER SYSTEMS AND IMPROVEMENTS STANDARDS, SEC. 6.05.00 WATER MANAGEMENT SYSTEMS AND DRAINAGE IMPROVEMENT STANDARDS, SEC. 6.06.00 TRANSPORTATION SYSTEM STANDARDS; CHAPTER 7 — RESERVED; CHAPTER 8 — DECISION - MAKING AND ADMINISTRATIVE BODIES, INCLUDING SEC. 8.01.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 — VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. Paoe 1 of 6 c� cn Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development. plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier . County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application 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. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or lana alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development. plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier . County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application 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. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any.type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. I. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). THIS INSTRUMENT PREPARED BY AND TO BE RETURNED TO: Richard W. Pringle STRAYHORN & STRAYHORN, P.L. Post Office Box 1545 Fort Myers, Florida 33902 Property Appraiser's Parcel Identification Numbers: 63857400007 3523281 OR: 3695 PG: 1669 RECORDED in OFFICIAL RECORDS of COLUIR CODRi, FL 12/13/2004 at 11:32AE DNIGH! E. BROCI, CLLR[ CONS 95000,00 RIC FEE 18.50 DOC -.10 665.00 Retn: RICHARD PRINGLE P 0 BOI 1545 FY EMS FL 33902 WARRANTY DEED (STATUTORY FORM) THIS INDENTURE, made this JR�hday of , 2004, by BENJAMIN D. HERSHEY and MARTHA J. HERSHEY, husband and wife, whose address is 20301 Grande Oaks Blvd #118 PMB 51, Estero, F1 33928, Grantors, and JOSE RODRIGUEZ, a married man, whose address is P.O. Box 703, Immokalee, Fl 34143, Grantee (the terms "Grantor" and "Grantee" herein shall be construed to include all genders and singular or plural as the context indicates), WITNESSETH: That said Grantor, for and in consideration of the sum of Ten and no /100 ($ 10.00) Dollars, 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 Lee County, Florida, to -wit: Lot 5 and 6, Block according to the plat tl the Public Records of 1 Subject to ease reservations of re subsequent years. and said Grantor does hereby lawful claims of all persons wh� IN WITNESS WH and year first above written. Signed, sealed and delivered in our presence: Witnesses: p;recoraea in ri County, Florida. d�.. ' Ge� Printed Name of Witness the title ,VB,DIVISION, a subdivision bbk•.l pages 104 and 105, of umbrances, restrictions and �e ZrZ dar year 2004, and all J an $3 d will defend the same against kc set Grantor's hand and seal the day BENJ, IN D. I3ERSHEY * ** OR; 3695 PG; 1610 * ** ' "' xL MARTHA J. H HEY Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was subscribed and acknowledged before me by BENJAMIN D. HERSHEY AND MARTHA J. State last aforesaid, this My Commission Expires: Personally Known L-`*�or Produced Identification Type of Identification Produced day of �2�_/ , 2004. official seal in the County and E� BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. CESD20080003864 Jose Rodriguez, Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Jose Rodriguez on behalf of himself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080003864 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 April 23, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Bedroom and bathroom addition built on side of structure without first obtaining proper Collier County Permits. 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: Obtaining a Collier County building permit, inspections, and certificate of completion with 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. espondent Di a a � gg, Director fi ,N, �&Ab2, r Code nforcement Department OpR Print Print 1,73 a Date Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD Code Enforcement Board Case No. CESD20080003864 Board of County Commissioners, Collier County, Florida Vs. Jose Rodriguez Violation Collier County Ordinance 2004 -41 as amended of Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20080003864 DESCRIPTION OF VIOLATION: Addition built on the structure without first obtaining proper Collier County permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit for all construction additions or remodeling and obtain all inspections, and certificate of completion with days of this hearing or a fine of $ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within days of this hearing or a fine of $ per day will be imposed until violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order. REV 1/5/09 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case NO. CESD20080003864 Jose Rodriguez, Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Jose Rodriguez on behalf of himself, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080003864 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 April 23, 2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. Bedroom and bathroom addition built on side of structure without first obtaining proper Collier County Permits. 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: -4 h�n� Obtaining a Collier County building permit, inspections, and certificate of completion with 120 days of this hearing or a fine of $200.00 per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit, inspections, and certificate of completion within 120 days of this hearing or a fine of $200.00 per day will be imposed until violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreem v-)tk LA- es ondent p Di a agg, Director (b7 ,n, �LALv J�71C--� �7 • r C' de 'Enforcement Department F_ Print f� � Print Date Dates REV 12/1/08 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Ivan & Marjorie Bloom & Charles T. Kennedy, Respondent DEPT No. 2007080603 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 -6 Copy of Applicable Ordinance 7 -9 Deed 10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080011996 COLLIER COUNTY, FLORIDA, Plaintiff, vs. IVAN & MARJORIE BLOOM & CHARLES T. KENNEDY, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 660 94th AVE N Naples, FL SERVED: Ivan & Marjorie Bloom & Charles T. Kennedy, Respondent Jonathan Musse, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07 -44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Eats audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsible de proveer su propio traductor, pare un mejor entendimiento con las con unicaciones de este evento. For favor traiga su propio traductor. AvAtisman —Tout odisyon yo fbt an anglb. Nou pan gin moun you f8 Vadiksyon. Si ou pa palb anglb tanpri vin! avbk yon imbprbt you palb you -ou. 2 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. CESD20080011995 Ivan & Marjorie Bloom Charles T Kennedy, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Collier County Land Development Code 2004 -41, as amended Section(s): 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); and 10.02.06(B)(1)(e)(i). 2. Description of Violation: Permit#86 -2172 for a room addition was expired without obtaining all the inspections and certificate of completion. 3. Location/address where violation exists: 660 94" Ave N, Naples, FL 34108, Folio #6270764002 4. Name and address of owner /person in charge of violation location: Ivan & Marjorie Bloom, Charles T Kennedy, PO Box 12379, Aspen, CO 81612 -9240. 5. Date violation first observed: August 12, 2008 6. Date owner /person in charge given Notice of Violation: October 21, 2008 7. Date on/by which violation to be corrected: November 6, 2008 8. Date of re- inspection: February 17, 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 12'h . day of March, 2009_.. , Joni Musse Code orcement Investigator STATE OF FLORIDA COUNTY OF COLL R NOTARY PUBLIC -STATE OF FLORID. S o (gr a e d subscribed before this 12th day of March , 2009 by Marie L Cheri Commission #DD721000 "••. ` ,.•�` Expires: OCT. 01, 2011 nn�riicn "q .A G., INC. (Signature of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced REV 8 -20 -08 IN, Case Number: CESD20080011995 Date: October 16, 2008 Investigator: Jonathan Musse Office Phone: 239 - 252 -2411 Cell: 239 - 877 -8134 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: BLOOM, IVAN & MARJORIE CHARLES T KENNEDY PO BOX 12379 ASPEN, CO 81612 -9240 Location: 660 94th AVE N Naples, FL Unincorporated Collier County Sec: 33 Twp: 48 Range: 25 Zoning Dist: RMF-6 Folio: 62707640002 Property Legal Description: NAPLES PARK UNIT 4 BLK 49 LOTS 41 + 42 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Permit# 876 -2172 for a room addition was expired without obtaining all the inspections and certificate of completion. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structuretmprovements: OR remove said structureAmprovements, 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 3 permits are obtained from Community Development and Environmental Services. 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. ON OR BEFORE: November 6, 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: Inve i ator Signature Jonath n Musse INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient October 16, 2008 Date y o W o. o 1 i m x 3 flu O 0 0 0 n ir G Ir 0 o D� �mc, ca C� 2a�Q7 � �osmo � s C O r a I m �3 GN m $ N g gin w w 8 �Q z � ❑❑❑ oH ❑ ❑o ` .a❑ i os � i r 5 a. mm MLL ad 6 Z mNF OV) CD O ai CL Ep 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. Relation to state and federal statutes a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and /or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and /or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 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 ffir regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. 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 0 4 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. ---- � , / v — 1 CLr'IJ 1 J UL «�; r Preiarld 4 mW return to: Stanley J. Lieberfarb Attorney at Low Stanley a. Lieberfarb, P.A. 1100 Fifth Avenue South Suitt 405 Naples, FL 34102 File Number. G05130 Parcel Identification No. 62707640002 Page 1 of 1 3593524 OR, 3772 PG: 1582 1t1rC0)R D 10 Omem Emus aE tA1, it mn, n 04111/210 at 02:13M DiIt;l1! 11. mm, 0,3n CXI ST1511m ne "11 18.5E DQC -.10 #0#2.SE Meta: f1061du MU # ASSCO3 35111 DM1lIl Ella 3.10 13 HIM SPIIIEfrwt n 3 #13# €Space Above iris Linn For ttecC Ong i)atal Warranty Deed (STATUTORY FORM - SLCTION U9.0Z F.S.) This Indenture made this 6 4'1 day of April, 2005 between Brenda IL Manstein, an unmarried person whose post office address is 3654 Baritatn Blvd. #Q -319, Los Angeles, CA 90068 of the County of Los Angeles, State of California, grantor *, and Ivan Bloom apd Marjorie Bloom, husband and wife, tenants by the entirety as to an undivded 112 interest and Charles T. Kennedy, as to an undivided t2 interest whose }cost office address is PLO. Box 12379, Aspen, CO 81612 of the County of Pitkin, State of Colorado, grantee *, WitResseth, that said grantor, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS (510.00) 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 heirs and assigns forever: the following described land, situate, lying and b6119 in Collier County, Florida, to -wit: Lots 41 and 42, Block 49 of Naples Park Unit 4, according to the Plat thereof as recorded in Plat Book 3, Page 7. of the Public Reevrds of Collier County, Florida. Subject to taxes for 2005 and subsequent years; covenants, conditions, restrictions, easemen% reservations and limitations of record, if any. and said grantor does hereby fully warrant the title to said land, and will defend tits Mme against lawful claims of all persons whomsoever. ' *G0w1or' and "Grantee" are used for singular or plural, as contcxz rewires.. In Witness Where=on', grantor has hereunto set grantor's hand and seal ffie day and year first above written. Signed, sealed and delivered in our presence: av_ _•ar i State of County of► The foregoing instrument was acknowledged before me this 3 /'EZday of March, 2005 by Brenda B. h4anstein, who U is personally known or j has produced a driver's license as ide."fication. [Notary Seal] Notary Public http: / /www. collierappraiser. com/viewer/Image .asp ?Percent= &ImageID =3 7833 5 2/17/2009 1� COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080011995 Board of County Commissioners, Collier County, Florida Vs. Ivan & Marjorie Bloom Charles T. Kennedy Violation Collier County Ordinance 2004 -41 as amended of Section(s) 10.02.06(B)(1)(a); 10.02.06(B)(1)(e); 10.02.06(B)(1)(e)(i) Jonathan Musse, Code Enforcement Official Department Case No. CESD20080011995 DESCRIPTION OF VIOLATION: Permit4876 -2172 for a room addition was expired without obtaining all the inspections and certificate of completion. RECOMMENDATION: That the Special Magistrate orders the Respondent to pay all operational costs in the amount of $ incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining a Collier County building permit for any construction additions or remodeling and obtain all inspections, and certificate of completion with days of this hearing or a fine of $ per day will be imposed until the violation is abated OR obtaining a Collier County demolition permit to remove any said illegal construction additions, remodeling to include inspections, and certificate of completion within days of this hearing or a fine of $ per day will be imposed until violation is abated 2. 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 e ,. 1 �. 1 g Al -, E �,S� - -€ lk : a § ., • c , : 44-'ilii, , .: ..,-,. N @ ° "�Bk y t• fY, �a� e 4 T ; r' ,u[ 9 8 344'. #. 4{ 0 , • i� r 4'' }�,., 41'x''*��� to iev --,-.4:„,,,,,„•:Ltt:,. ..,.. ,, '4...ia•24%';'-',-=';',•,'''''' -.� . j '.).", '4-elk;'''-'"''4' *-I 1 f t44 •^R ) "+a `fig < 2 b Sr y t act a § �� c9�r Ica " s,gr �`����'r V� �. fir. p ``�-\� r °�5 4 -#std, 4 * 1 ! • • 1: m a cam` �a 3 } a !� - a is fi�gg: P �� �In», �M Sio a, r . .^— , '� a 1 .......,. .,. Wilt S ;i I, # to r a ,r 3 „, , .x 11± 4 '1010 '..„,.,. a , � m ,7cam , z �. y } i i , r A. { i ”: I �� Yip � a : atl- "3 < a �1 im' � (� 'gg V k r u . d f • 7 - M ._ ,, • I .an xa _E 4 9 4P . 3, '� 1' - ` � ' k6'114:4 ti"'"Ii. ah .. x d .R . ti f. 1 :#Itt-:,''', li '';''' NM COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Capri International, Inc., Respondent Janeth Hassam, Registered Agent DEPT No. CELU20080005078 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 Deed 5 -6 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CELU20080006078 COLLIER COUNTY, FLORIDA, Plaintiff, vs CAPRI INTERNATIONAL INC, Respondent(s) Janeth Hassam, Registered Agent NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prohibited Use2.02.03 LOCATION OF VIOLATION: 108 Adams AVE E Immokalee, FL SERVED: CAPRI INTERNATIONAL INC, Respondent Janeth Hassam, Registered Agent Maria Rodriguez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTTFICACION: Esta sudiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsible de proveer su propio traductor, pare un mejor entendimiento con Im comunicaciones de este evento. Por favor traiga su propio traductor. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs DEPT CASE NO. CELU20080005078 CAPRI INTERNATIONAL INC., Respondent(s) JANETH HASSAM, (as Registered Agent for:) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Collier County Land Development Code 04 -41 as amended, Section 2.02.03. 2. Description of Violation: A storage container, aluminum pipes, and a large amount of metal beams on a vacant lot. 3. Location/address where violation exists: 711 Broward St. Immokalee, Fl 34142 (Folio: 63863762001). 4. Name and address of owner /person in charge of violation location: Capri International Inc. 3605 S.W. 139 Ave., Miami Fl. 33175, C/O Janeth Hassam (as Regt. Agt. for:) 5. Date violation first observed: April 08, 2008. 6. Date owner /person in charge given Notice of Violation: April 24, 2008. 7. Date on/by which violation to be corrected: May 24, 2008. 8. Date of re- inspection: October 14, 2008. 9. Results of Re- inspection: Violation Remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 9th day of March, 2009 (1._ _ "/"Y Maria Rodriguez Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER II ,,,, S rn to (or aff d) and subscribed before thil Vday o y Signature of Notary Public) (Print/Type/Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced io"¢r Pot Not ry Dt ibiir State of Florida u At Colleer Davidson M ".t: MM!5sion DD558435 c %pt-as 05/3012010 REV 3 -3 -05 Cqe Nwstw: DNr API 01-Ams Nrves�l I - ,J000111100 ISOM ..• a•' i Owner. Capri IMarriali R I -I m Registered Agent Homer Hassam 3W5 iW 139th Ave Miami, FL 33175 Locaftm 711 Seorraed at Uninaorporalad Copier County Zen" Dlsb C-i sea 33 T"P: u Reg: 2 LqW Subdividon:1305 Bloat 43 Lot 15 6355v mm oft soatG 3W P490:2W NOTICE Punxmx t b Cdfi�r Comty �t Owle Ea to ownent Ordhwm No. 07.44, you am no WIN that a violation (6) of thus iolflua�warp Coifwr CQWrMpt OPWrj sud a PtA �) sruilMa atthn ahas�d o :i d lo�oalton. Ordhm r-, • Prohibited Use Collier County Land Development Code 04-41 as amended, Section 2-W-03 Any uuw or tftct n! rrot epealoeil► armed in s xonit d Pb *; =sea per =11W un.00nci'ilavnd um. or tGriMarl► uas d*l bo pohbbd in such mr9p d — ' I : Vfoi dkm $1166ns - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOIATIONM Did Wibness: A container, metal b 1 , ahuninurn Pipes, eic on a vacant lot on commercially zoned Property ORDER TO CORRECT VKX ATIONM You are drooled bq turfs e l c m , 11> u t for tlplbwi Go" W61, Scam (sX 1. Must cease all_ use at any and all property oltrer than property zoned for- use as iderrbirred in Ordinance 04.41, as amended, Section 2-04.03, Tables 1 and 2 AND I OR Remove _ from unimproved property and/or property reguriated by an approved Site Development Plan and the intended use in aeoor0anee with Section 10.0203(B)(5) andlbr intended allowable uses in 2.0403, Tabfes 1 and 2 ON OR BEFORE: Mary 2008 Failure to caned vioiaFions awy result 6r. 1) Mandatary notice b appear or issuance of a citation that may result in fines Up to IE.M Wd casts d prosecution. OR 2) Code Enforcement Board review that may result in fees up to $1000 per day per viotatior% as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2BW No. Horaesiwe Dr F 104 Inv WNOX&xe (7,39) 252 2Mll - �p Dated: April _7" 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. y This Instrument Prepared by & return to: Name: Monica Garcia Tradewinds Title, Inc. Address: 904 Lee Blvd, Suite 106 Lehigh Acres, FL 33936 68631 Parcel I.D. #: 63863760003+ 3 Lots Rec: $18.50 Doc: $420.00 SPACE ABOVE THIS LINE FOR 3696760 OR: 3888 PG: 2699 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 09/13/2005 at 08:17AM DWIGHT B. BROCK, CLERK CONS 60000,00 RIC FEE 18,50 Doc -.70 120,00 Retn; TUDIVIHDS TITLE 904 LEE BLVD 1106 LEHIGH ACRES FL 33936 SPACE ABOVE THIS LINE FOR REC THIS WARRANTY DEED Made the 6th day of SEPTEMBER, A.D. 2005, by ANASTACIO CONTRERAS and GLORIA CONTRERAS, husband and wife, hereinafter called the grantors, to CAPRI INTERNATIONAL, INC., a Florida Corporation, having its principal place of business at 3605 SW 139th Ave., Miami, FL 33175, hereinafter called the grantee: (Wherever used herein the terms " a ortr`r ' t�eeJb�n�i 11 the parties to this instrument, singular and plural, the heirs, alives an as ' t Is, and the successors and assigns ojcorporatiom. wh ontext so admits or requ' TVItnesseth: That the gr t or t i t of he sum of $10.00 and other valuable consideration, rece t e eo s e e a e do hereby grant, bargain, sell, alien, remise, release, co an c nfi nt t ante al th 1 c rtain land situate in Collier County, State of Florida, viz.1"{v Lots 18, 19 20 and 21, Block w Market SubdiAlf ng to the plat thereof as recorded in Plat Book 1, Page l d 105, Public R s f Collier County, Florida. E C-C SUBJECT TO TAXES FOR THE YEAR 2005 AND SUBSEQUENT YEARS, RESTRICTIONS, RESER VATIONS, CO VENANTS AND EASEMENTS OFRECORD, IFANY. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold the same in fee simple forever. And the grantors hereby covenant with said grantee that they are lawfully seized ofsaid land in fee simple; that they have good right and lawful authority to sell and convey said land, and hereby fully warrant the title to said land and will defend the same against the lawful claims ofall persons whomsoever, and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004 5 * ** OR; 3888 PG; 2700 * ** In Witness Whereof, the said grantors have signed and sealed these presents, the day and year first above written. Signed, sealed an#dzvered in the presence of Witness L. S. Anastac :o Contreras Address:' 802 Monroe Street, Immokalee, FL 34142 S. Printed Name of Witness n oe eet, Immokalee, FL 34142 State of Florida County of Collier The foregoing instrument was ac ore me this day ofSeptember, 2005, by Anastacio Contreras and Gloria Contreras, who are down to me or who have produced as identification and who did jdid not) S#e an oath. Si a of A cC, 17NA BOGNER MY COMMISSION' a 075324 EXPIRES: NoVNhber 2U, 205 » TftNc.ry!haoUnaaMm.6 Seal: My commission expires BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. CAPRI INTERNATIONAL INC Respondent(s), Case No.CELU20080005078 STIPULATION /AGREEMENT COMES NOW, the undersigned, , 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 CELU20080005078 dated the 24th day of April, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 23,2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.14 incurred in the prosecution of this case within 30 days of this hearing. wa if treJ 2) Abate all violations y: Removing container and any construction material on unimproved lot within '1aD days of this hearing or a $ Sao•'9amount of fines will be imposed until the violation has been abated. e,_ 3) Property must only be utilized in compliance with and accordance to the Land Development Code and the Codes of Laws and Ordinances of Unincorporated Collier County. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the ro rty owner. Respondent or Representative (sign) Na ne Flagg, Director Code Enforcement Department e(-44 ,f -1 Respondent or Representative (print) Date REV 12/1/08 COLLIER COUNTY CODE ENFORCEMENT BOARD CELU20080005078 Board of County Commissioners, Collier County, Florida Vs. CAPRI INTERNATIONAL INC. Violation of Ordinance /Section(s) Collier County Land Development Code 04 -41 as amended, section 2.02.03 Maria Rodriguez, Code Enforcement Official CELU20080005078 DESCRIPTION OF VIOLATION: Container, metal beams, aluminum pipes on a vacant lot. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Must remove container and any construction material on unimproved lot within 14 days of this hearing or a fine of $100.00 per day will be imposed until the violation has been abated. 2. Property must only be utilized in compliance with and accordance to the Land Development Code and the Codes of Laws and Ordinances of Unincorporated Collier County. 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 Collier County Code Enforcement Board Re: Hearing scheduled for 04/23/09 Case # 2007090640, Florida Metal Masters Inc. Dear Sir or Madam, April 10,2009 Dismantling of the 65 ft. long airplane fuselage was such a major undertaking that the dumpster was inadvertently left in the unused driveway area. It was immediately removed as soon as code enforcement brought it to our attention. Please drop or significantly reduce the fine accumulated due to this minor oversight. Sincerely, Michael Trapasso, es. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida VS. Robert K. Toski, Respondent DEPT No. CEPM20080014037 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 Copy of Applicable Ordinance 4 -9 Deed 10 -11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20080014037 COLLIER COUNTY, FLORIDA, Plaintiff, vs. TOSKI, ROBERT K, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Accessory Structure- Dwelling22- 231(12)(n) LOCATION OF VIOLATION: 3465 Anton CT Naples, FL SERVED: TOSKI, ROBERT K, 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, pare on mejor entendimiento con Ias comunicaciones de este evento. Por favor traiga su propio traduclor. Avdtisman — Tout odisyon yo fdt an ang18. Nou pan gin moun you fd tradiksyon. Si ou pa paid angld tanpri vini avdk yon intdprdt you paid pouou. .z. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs Robert K Toski, Respondent(s) DEPT CASE NO. CEPM20080014037 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 Physical Safety- Pools. Collier County Codes of Laws and Ordinances, Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22 -26 (103.11.2), Article VI Property Maintenance Code, Section 22 -231 (12)(n). 2. Description of Violation: The protective barrier surrounding the swimming pool is not in good repair and sound structural condition. 3. Location/address where violation exists: 3465 Anton CT. Naples, FL 34109 Folio# 69143800001 4. Name and address of owner /person in charge of violation location Robert K Toski 3465 Anton CT. Naples F134109 5. Date violation first observed: 9 -24 -2008 6. Date owner /person in charge given Notice of Violation: 1 -14 -09 personal service to Robert K Toski 7. Date on/by which violation to be corrected: 1 -26 -09 8. Date of re-inspection: 2 -17 -09 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 19th day of March, 2009 /1 Patrick Baldwin Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3 -3 -05 Swo (or affirmed) and subscribed before this 3rd day of March , 2009 by Patrick Baldwin. z (Si a of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known _X or produced identification Type of identification produced NOTARY 1-TTUCSTATE OF FLORA J ennifer E. {caldron commission #DD823767 Expires: SEP.17, 2011 }IUN��J y A'MMMeRONDRTG Co., LYC. a Case Number. CEPN20060014037 Date: January 14, 2009 Investigator. Patrick Baldwin. Phone: 239 - 252 -5756 COLLIER COUNTY CODE ENFORCEMEI•IT NOTICE OF VIOLATION Owner. TOSKI, ROBERT K 3465 ANTON CT NAPLES, FL 341091575 Location: 3465 Anton CT Naples, FL Unincorporated Collier County Zoning Dist SFR Property Legal Description: REGENT PARK REPLAT BLK 2 LOT 38 Folio: 69143800001 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0' •44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exi :ts at the above - described location. Ordinance/Code: Physical Safety - Pools. Collier County Code of Laws and Ordine ^ces, Chapter 22Buiiding and Building Regulations, Article II Florida Building Code, Section 22- 26(103.11.2) Compliance with housing standards. Collier County Code of Laws and Ordinances `.:hapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22- 231(12)(n) Where pool construction is commenced after occupancy certification of a one or two family c :,,elling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period con nencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substi :: to shall be in place. Failure to call for a final pool inspection within'thirty (30) days of filling the pool shall result in an inspection rejec m.: 12. Exterior and interior structures of dwelling units. All the following component of. i dwe6ng unit shall be maintained in good condition. n. Accessory structure. All accessory structures shall be maintains and kept in good repair and sound structural condition.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Nopermitted protective barrier surrounding the swimming pool. Screen enclosure Is not in good repair and sound strucctural condition. ORDER TO CORRECT VIOLATION(SI: You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must erect an approved temporary barrier to avoid safety concerns AND / OF Must apply for and obtain applicable permits for a permanent pool enclosure and/or protective barrier 2. Must request/cause required inspections to be performed and obtain a certifi :ate of occupancy /completion AND/ OR Must demolish accessory structure and remove from property using a Collier C ;.)unty Demolition Permit ON OR BEFORE:01126 12009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up t( $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day pe violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMI'ENTS S ULD BE DIRECTED TO CODE �F; M L 341 2800 North Horseshoe : les, FL 04 Investigator Signature Phone: 52- v r . : 239 252 -2343 Patrick Baldwin gnature and rtie of F scipient 3 ARTICLE II. FLORIDA BUILDING CODE* *Editor's note: Ord. No. 02 -01, § 1, adopted Jan. 8, 2002, provided for the adoption of the Florida Building Code to read as herein set out. Section 3 of said ordinance provided for the repeal of article II, §§ 22- 26- -22 -35 and 22- 46-- 22 -57, pertaining to the Building Construction Administrative Code as enacted by Ord. No. 91 -56, as amended. See the Code Comparative Table for a detailed analysis. Cross references: Fire safety standards, § 58 -26 et seq. Land development code reference -- Building board of adjustment and appeals, div. 5.4. Sec. 22 -26. Adoption and amendment of the Florida Building Code. (a) Adoption. There is hereby adopted by reference, the Florida Building Code, 2001 edition (FBC), to be enforced by Collier County in the unincorporated portions of the County. (b) Amendment. Chapter 1 of the Florida Building Code, Administration, is hereby amended, as follows: Section 101. 1, entitled "Scope, " is deleted in its entirety and replaced with the following: 101.1. The purpose of this Code is to establish and adopt a single regulation uniformly addressing the non - technical and administrative requirements for the Florida Building Code, 2001 edition, the National Electric Code, 1999 editions, adopted Fire /Life Safety Codes, and all other adopted technical codes and ordinances not superseded by the Florida Building Code. Section 101.2, entitled "Title, " is deleted in its entirety and replaced with the following: 101.2. The following regulations shall constitute and be known and cited as the Collier County Administrative Construction Code ( "ACC ") hereinafter referred to as the "ACC." Section 101.3.3, is a new section entitled "Permitting and Inspection" which will read as follows: 101.3.3 Permitting and Inspection. The permitting or inspection of any building, system, or plan by Collier County, under the requirements of this Code, shall not be construed in any court, or otherwise, as a warranty of the physical condition or adequacy of any such building, system, or plan. The County and employees thereof shall not be liable in tort, or otherwise, for damages for any defect or hazardous or illegal condition or inadequacy in any such building, system, or plan, nor for any failure of any component of such, which may occur before, during or subsequent to any such inspection or permitting. Section 101.4.9.1, is a new section entitled "Fire, "which will read as follows: 101.4.9.1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. y Section 101. 4.9.2, is a new section entitled "Maintenance, "which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and all other applicable systems. Section 102, is a "Reserved" section entitled "Building Department, " which will include a new Section 102.1., entitled "Restrictions on Employees, " which will read as follows: 102.1. An employee connected with the enforcement of this Code, except one whose only connection is as a member of the board established by this Code, shall not be financially interested in the furnishing of labor, material or appliances for the construction, alteration, or maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless he is the owner of such. No such employee shall engage in any other work that is inconsistent with his duties or is in conflict with the interests of the department. Section 102 will also include a new Section 102.2, entitled "Records, "which will read as follows: 102.2. The Building Official shall keep, or cause to be kept, a record of the business of the department. Except as may be otherwise specified by Florida Statutes, including the Public Records Law, all records of the department shall be open to public inspection. Section 102 will also include a new Section 102.3, entitled "Liability, "which will read as follows: 102.3. No County employee nor any member of the Board of Adjustments and Appeals, charged with the enforcement of this Code or any technical Code, acting for the applicable governing authority in the discharge of such duties, shall thereby render himself personally liable, and is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties. Any suit brought against any employee or member because of such act performed by him in the enforcement of any provision of this Code or any of the technical Code, shall be defended by the County Attorney until the final termination of the proceedings. Section 102 will also include a new Section 102.4, entitled "Reports, " which will read as follows: 102.4. The Building Official shall submit annually a report covering the work of the preceding year. He may incorporate in said report a summary of the decisions of the Board of Adjustments and Appeals during said year. Section 103.8, is a new section (with numbered sections) entitled "Right of Entry, " which will read as follows: 103.8. Whenever necessary to make an inspection to enforce any of the provisions of this Code or the technical Codes, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical, plumbing or fire systems unsafe, dangerous or hazardous, the Building Official may enter such building, structure or premises at all reasonable times to inspect the same or to g perform any duty imposed upon the Building Official by this code, provided that, if such building or premises is occupied, he shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every means provided by law to secure entry. 103.8.1. When the Building Official shall have first obtained a proper inspection warrant or other means provided by law to secure entry, no owner or occupant or any other persons having charge, care, or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this Code. Section 103.9, entitled "Stop work orders" is a new section which will read as follows: 103.9. Whenever a life, health or safety issue is present or any work is being done in violation of the provisions of this section or in variance with the terms of any permit issued for such work, the Building Official may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this section is corrected. Such stop order, if oral, shall be followed by a written stop order within 24 hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Section 103. 10, entitled "Revocation of Permits, " is a new section (with numbered sections 103.10.1. and 103.10.2) which will read as follows: 103.10. Revocation of Permits. 103.10.1. Misrepresentation of Application. The Building Official may revoke a permit or approval, issued under the provisions of this Code or the technical Codes in case there has been any false statement or misrepresentation on which the permit or approval is based. 103.10.2. Violation of Code Provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical, plumbing, or fire systems for which the permit was issued is in violation of, or not in conformity with, any provision of this Code or the technical Codes. Section 103. 11, entitled "Safety, " is a new section (with numbered subsections 103.11.1. and 103.11.2) which will read as follows: 103.11. Safety. 103.11.1. Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition. 103.11.2. Physical Safety. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection. The final pool Lo: inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (3 0) days of filling the pool shall result in an inspection rejection. 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 (ODSS). 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 and ventilation requirements for habitable rooms except that no window or skylight shall VA 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. 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. 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 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 i rKr_rRKt✓U 13 Y AN KIr 1 UKN 1 U: Page 3 of 4 ' PREPARED BY AND RETURN TO: Eileen Monroe Members Title Agency, LLC 6809 E. Hillsborough Avenue, Tampa, FL 33610 F le Number 01 -6875 Parcel IDli: 69143800001 QUIT CL4imDEED (Individual) This Quit Claim Deed, dated this 20th day of October, 2004, By ROBERT K. TOSKI, a single man and CHERYL A. TOSKI, a single woman whose post office address is: 3465 Anton Court, Naples, FL 34109 hereinafter called the GRANTOR, To ROBERT K. TOSKI, a single man whose post office address is: 3,465 Anton Court, Naples, FL 34109hereinafter called the GRANTEE, �.ee� .ed b� dK xm. cwrra ,.d cwwr :k,& ai dx pni- W. —d a. hd.. -.2 —f mpuadus) , WITNESSETH, that the Grantor, for and in consideration of the sum of 510.00 and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto the Grantee, all that certain land situate in COLLIER County, Florida, viz: LOT 38, BLOCK 2, REGENT PARK, according to the map or plat thereof, as recorded in Plat Book 14, Pages 57 and 58, of the Public Records of Collier County, Florida, being A REPLAT OF REGENT PARK, according to the map or plot thereat as recorded in Plat Book 14, Pages 40 and 41, of the Public Records of Collier County, Florida. TWS QUIT CLAIM DEED IS BEING GIVE � I6'0 TH THAT CERTAIN MARITAL SETTLEMENT AGREEMENT HAVING - 0 A G FILED WITH THE COLLIER COUNTY CLERK OF COURT. t . _� TO HAVE AND TO HOLD, the same t6getl# ivjth all ardd- siaguluAe appuAcnazi es thereunto belonging or in anywise appertaining, and all the estate, right, title, interest lie and claim wha evet of the said Grantor, either in law or equity, to the only proper use, benefit and (f jj r. IN WITNESS WHEREOF, Grantor tg e an caked 's r nts th date set -fo above. Signed sealed and delivered in the pr,bf: err Witness E Shy 19. FleA ziyC PrinXthr' �N 3500351 OR: 3610 PG: 2405 WiEmcss RICOVID in OTINIAL RECORDS of COLLIER CWM, iL c ±��'^ D 9 ✓i J 11/01/2004 at 01:42PR DVIGBT 1. BROCI, CL111 Print Witness' Name RIC PRI 18.50 DOC -.70 ,70 Reta: STATE OF: FLORIDA RIIIBIRS TITLE AGIRCT COUNTY OF: COLLIER 6809 I HILLSBOROBGH "I TAHPA PL 33610 1020!2004 10 1 FJ- -FAKhO 13Y ANO RETURN TO: Page 4 of 4 * ** OR: 3670 PG: 2406x The foregoing instrument was acknowledged before me this 20th day of October, 2004„ by CHERYL A. TOSIQ who is personally known to me or who has provided driver's license as identificat n aMoath. (Seal) OFROADMARYSEAL KEM PSNYYDFFR N TKTCAI:YAmi�SCA7E�FLORIDA i� �WO=126564 Co sion Expires: (�- E7Q! 162006 witness' STATE OF: FLORIDA j COUNTY OF: COLLIER The foregoing instrument was acknowle ROBERT K. TOSKI who is personally known to me or who has (Seal) 10202004 Page 2 —RUBERT K TOM Cot me this 25th 0 04„ by verIs license " if ation and who did take an oath. T CCv otary: OFFIGAL NOTARYSEAL My Commission Expires: DAVID K PARDUE NOTARY PUBLK STATE OF FLORIDA COMMISSION NO. DDOZi0g4 MYCOMAfLSSIO\ EXP. DEG 5,2005 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. CEPM20080014037 Robert K Toski, Respondent(s), STIPULATION /AGREEMENT COMES NOW, the undersigned, Robert K Toski, 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 CEPM20080014037 dated the day of January 14th, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 4- 23 -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. Physical Safety- Pools. Collier County Codes of Laws and Ordinances, Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22 -26 (103.11.2), Article VI Property Maintenance Code, Section 22- 231 (12)(n). The protective barrier surrounding the swimming pool is not in good repair and sound structural condition. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Submitting a complete and sufficient application for all Collier County Building Permits for the protective barrier surrounding the swimming pool, request inspections and obtain a certificate of completion within 30 days of this hearing or pay a fine of $200 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier Comity Sheriffs Office to enforce the provisions of this agreement. _ _ �i .0- - �_ Respondent or Representative (sign) Respondent or Representative (print) Date G A& o' biane Flagg, Director Code Enforce nt D artment I D e REV 12/1108 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. Robert K Toski Violation of Ordinance Physical Safety - Pools. Collier County Codes of Laws and Ordinances, Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22 -26 (103.11.2), Article VI Property Maintenance Code, Section 22 -231 (12)(n). Patrick Baldwin, Code Enforcement Official Department Case No. CEPM20080014037 DESCRIPTION OF VIOLATION: The protective barrier surrounding the swimming pool is not in good repair and sound structural condition. 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: Submitting a complete and sufficient application for all Collier County Building Permits for the protective barrier surrounding the swimming pool, request inspections and obtain a certificate of completion within 3o days of this hearing or pay a fine of $ aco per day will be imposed until the violation is abated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. 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. CAPRI INTERNATIONAL INC Respondent(s), Case No.CELU20080005078 STIPULATION /AGREEMENT r • N,AS-�� ?b 1.. COMES NOW, the undersigned, 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 CELU20080005078 dated the 24th day of April, 2008.13 1�" In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 23,2009; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $86.14 incurred in the prosecution of this case within 30 days of this hearing. (f 4,ie try a� 2) Abate all violations y: Removing container and any construction material on unimproved lot within�°� days of this hearing or a $ loo- 4- ua "�oftnes will be imposed until the violation has been abated. e_ 3) Property must only be utilized in compliance with and accordance to the Land Development Code and the Codes of Laws and Ordinances of Unincorporated Collier County. 4) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation Is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 5) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the ro rty owner. Respondent or Representative (sign) lane Flagg, Director Code _ Ennforcement Department (2 t4 1_ aPr-L c, v�i-�1 `` h -' Respondent or Representative (print) bate REV 12/1/08 BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Robert K Toski, Respondent(s), Case No. CEPM20080014037 STIPULATION /AGREEMENT COMES NOW, the undersigned, Robert K Toski, 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 CEPM20080014037 dated the day of January 14th, 2009. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 4- 23 -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. Physical Safety - Pools. Collier County Codes of Laws and Ordinances, Chapter 22 Building and Building Regulations, Article II Florida Building Code, Section 22 -26 (103.11.2), Article VI Property Maintenance Code, Section 22- 231 (12)(n). The protective barrier surrounding the swimming pool is not in good repair and sound structural condition. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $87.57 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: Submitting a complete and sufficient application for all Collier County Building Permits for the protective barrier surrounding the swimming pool, request inspections and obtain a certificate of completion within 30 days of this hearing or pay a fine of $200 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier Couatv Sheriff's Office to enforce th f h' agree Respondent or Representative (sign) l.S , Respondent or Representative (print) Date e provisions o t )s d lane Flagg, Director Code Enforce nt D artment All,; 2 114 9 Deye / I., REV 12/1108 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Kenneth C. Hill & Elizabeth J. Lefebvre -Hill, Respondent DEPT No. 2007100809 ITEM PAGE(S) Notice of Hearing I Statement of Violation and Request for Hearing 2 Notice of Violation 3 -4 Copy of Applicable Ordinance 5 -8 Deed 9 -10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007100809 KENNETH C. HILL & ELIZABETH J. LEFEBVRE -HILL, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Unpermitted additions made to existing permitted carport and a unpermitted storage shed. Unpermitted electrical in storage shed. LOCATION OF VIOLATION: 1392 Henderson Creek DR UnitA Naples, FL SERVED: KENNETH C. HILL & ELIZABETH LEFEBVRE -HILL, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07 -44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTEnCACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con Isis comunicaciones de este evento. Por favor traiga su propio traductor. s COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner VS. DEPT CASE NO. 2007100809 Kenneth C. Hill and Elizabeth J. Lefebvre -Hill, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) 2004 -41 Sections, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i). Florida Building Code 2004 Edition, section 105.1. 2. Description of Violation: Un- permitted additions made to existing permitted carport and a un- permitted storage shed. Un- permitted electrical in storage shed. 3. Location/address where violation exists: 1392 Henderson Creek Drive Naples, FL 34114. Folio# 00725200004. 4. Name and address of owner /person in charge of violation location Kenneth C. Hill and Elizabeth J. Lefebvre -Hill residing at 5806 Tolman Terrace Madison, WI 53711 -3445 5. Date violation first observed: October 24'x, 2007 6. Date owner /person in charge given Notice of Violation: November 5th , 2007 by certified mail. 7. Date on/by which violation to be corrected: November 27h, 2007 8. Date of re- inspection: December 3ra, 2008 9. Results of Re- inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Boar f r a public hearing. Dated this 7th day of January, 2009 STATE OF FLORIDA COUNTY OF COLLIER : Sorrels Enforcement Investigator �µc_r i Sworn to,( r affirmed) and subscribed before thisIday of � , 200f by / ii LL (Signature of Notary Public) J (Print/Type /Stamp Commissioned Personally known or produced identification Type of identification produced REV 3 -3 -05 Name of Notary Public) T., 130-IT iru2V Arr -IN 7C IJPTDtt I' CC, _.' IN COLLIER COUNTY C01)E ENFORCEMENT Building Permits, Administrative Code & Other Permit Requirements NOTICE OF VIOLATION Respondent Hill, Kenneth C. and Date: 10/26/07 Investigator: Azure Sorrels Elizabeth J. Lefebvre -Hill s 5806 Tolman Ter. AF Pboner:,,.__; 239 -403 -2455 Zoning Dist MH Sec 03 Twp 51 Rug 26 Legal: Subdivision Block Lot Madison, WI 53711 -3445 Location: 1392 Henderson Creek Drive Folio Unincorporated Collier County Violation: Pursuant to Collier County Consolidated Code Enforcement Ordinance 07-44, you are notified that a violation(s) of the following codes exist: Ordinance 2003 -37 Collier County Right -of -Way Ordinance ❑Section 5 Permits. It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right -if -way maintained by Collier County within the boundaries of any municipal corporation, without fast obtaining a permit for such work, etc. (Also found in Section 110, Article 11 of the Collier County Code of Laws and Ordinances, Section 110 -31) Ordinance 0441, as amended, Land Development Code, Sec. 10.02.06(B)(1) Building or land alteration permit and certificate of occupancy ®10.02.06(B)(1)(a)Zoning action on building permits ... no building or structure shall be erected, moved, added to, altered, utilized or allowed to exist... without first obtaining the authorization of the required building permit(s), inspections, and certificate(s) of occupancy, etc. 210.02.06(B)(1)(e) Improvement of property prohibited prior to issuance of building permit No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this land development code or other applicable county regulations. 210.02.06(B)(1)(e)(i) In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Collier County Code of Laws and Ordinances Section 22, Article 11 ❑103.11.1 Unsafe Buildings or Systems. All buildings, structures, electrical, gas, mechanical, or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human like, or which in relation to existing uses, constitutes a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal, etc ❑103.11.2 Physical Safety [pools]. Where pool construction commences prior to occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place at the time of final building inspection.... Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property. the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place, etc. 0104.135 Prohibited Activities prior to Permit Issuance. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat, etc. Section 106.1.2 Certificate of Occupancy. ❑106.1.2 Building occupancy. A new building shall not be occupied or a change made in the occupancy, nature or use of a building or part of a building until after the building official has issued a certificate of occupancy, etc. Notice of Violation Original to File Copy to Respondent 00725200004 OR Book 3793 Page Violation (continued): Florida Building Code 2004 Edition Section 105.1 Permit Application ®105.1 When required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit Section 105.7 Placement of Permit ❑105.7 The building permit or copy shall be kept on the site of the work until the completion of the project Section 111.1 Service Utilities ®111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 1078 Other Ordinance/Narrative: Observed un- permitted structures, alterations, and additions on property consisting of but not limited to the following. Ori ig nal duplex converted to a fourplex with electrical and plumoine, Original 30'x31' carport converted to current 53' width. North side has open carport with an enclosed shed attached. South side has enclosed aluminum attachment with electrical. Another aluminum shed south of carport. 2 travel trailers with structural and electrical improvements. Wooden deck with covered shelter and davits along entire waterway. Improvements were done without first obtaining the required Collier County building permits. Order to Correct Violation(s): ®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. ®Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. OR demolish described improvements /structure and remove from property. ❑Must effect, or cause, repair and/or rehabilitation of described unsafe building/structure/systems: OR remedy violation by means of permitted demolition of same. Violation(s) must be CORRECTED BY: November 27`h, 2007 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. Res p ent's Sign Date 10/26/07 Investi ator's Signature Date Copy for Site Posting Copy for Official Posting Rev 6 ■ Complete -items 1., 2, and 3. i Also complete item 4 if Restricted Delivery is desi ■ red. Print Your name and address on the reve ■ so that we can return the card to you. rse Attach this card to the back of the mailpiece or on the front if space permits. ,ea to: A Signature X Agent Rye, by ❑ (plinted, N, Addressee ' - :::: Name) N C. Date of Delivery t d,--Itvwry address different from item I? Cj y If YES ant 02595-02-M-1540 , Lr) IT P. -a 171- Postage $ M Certified Fee r3 Return Receipt Fee Postmark (Endorsement Receipt r 13 (End nteRequireede� C3 Here ad D ery F, (Restrict eliv Fee Endorsement Required) Tow P( HILL, KENNETH C -0 Sent -M- ELIZABETH J LEFEBVRE-HII r3 5806 TOLMAN TER r3 St r-�- � reet AP MADISON WI 53711-3445 or P0 SO) --------------- C�ry, stare Case Nbr - 2007100809 ----------- q er delivery address below.- No HILL, KENNETH C ELIZABETH J LEFEBVRE-Hil 5806 a lim M 14 TORN TER MADISON VI 53711-3445 ' Type y Case Nbr 2007100809 rtified >q Certified Mail IT-Registered 0 Express Mail ❑ Insured Mail 13 Return Receipt for Merchandise C.O.D. 7006 2760 4. Restricted Delivery? (Sft Fee) Yes 0003 7684 PS Form 3817 5764 , rL ary 004 Domestic Return Receipt 02595-02-M-1540 , Lr) IT P. -a 171- Postage $ M Certified Fee r3 Return Receipt Fee Postmark (Endorsement Receipt r 13 (End nteRequireede� C3 Here ad D ery F, (Restrict eliv Fee Endorsement Required) Tow P( HILL, KENNETH C -0 Sent -M- ELIZABETH J LEFEBVRE-HII r3 5806 TOLMAN TER r3 St r-�- � reet AP MADISON WI 53711-3445 or P0 SO) --------------- C�ry, stare Case Nbr - 2007100809 ----------- q COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.05 F.4. 10 02 06 A 2 a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. Project Implementa- tion Timeline # of Phases Phase Tmelines 18 months 1 18 months 30 months 2 18 months —First Phase 30 months — Second Phase 42 months 3 18 months —First Phase 30 months — Second Phase 42 months —Third Phase 54 months 4 18 months —First Phase 30 months —Second Phase 42 months —Third Phase 54 months — Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04 -72, § 3.136) 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and /or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and /or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said - development order or building permit will result in a reduction in the level of service for any Supp. No. 1 LDC10:82.2 iin APPLICATION, REVIEW, AND DECISION - MAKING PROCEDURES 10.02.06 A.2. 10.02.06 B.I. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. Supp. No. 2 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application forbuilding 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 COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B.1. 10.02.06 B.I. Supp. No. 2 required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. C. Construction and use to be as provided in applications, status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90 -24 (chapters 3, 6 and 10 of this Code) and Rule 9J- 5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on -site or to permit construction of an approved water management system, to minimize stockpiles and hauling off -site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). LDC10:86 N 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http: / /ecodes.iccsafe.org /icce/ gateway. dll / Florida% 20CustomBuild2004 _FL /3 /8 ?f= templ... 11/20/2007 2 3612766 OR: 3793 PG: 1018 UCORDBD in OFFICIAL HCOZDS Of COLLIZI COORT, IL 05/04/1005 At 08:34M DfIGU 1. SAM, CLZ>IK CONS 300000.00 Nicole �Brurges, an employee of Hie M 17.00 Island rive Guaranty Agency DOC -. TO 1100.00 1118 North Collier Boulevard Abtn: Marco Island, Ronda 34145 ISLAND TITLB GOAUM AGIICT I (239)394 4 PICK UP Return to; Grantee File No.: 2126- 731780 TRUSTEES DEED The name of each person who executed, witnessed, or notarized this document must legibly be printed, typewritten or stamped immediately beneath the signature of such person. THIS INDENTURE, executed on April 21, 2005, between Robert 3. Fiorillo, Trustee of The Robert J. Fiorillo Living Trust Agreement, dated September 19, 1996 whose mailing address is: 550 Party of the first part, and Kenneth C. Hill and whose mailing address is: 61 E party of the second part, WITNESSETH: The party of tf and valuable consideration, re bargain, release, convey and certain land situate in Collier See Exhibit A attached hereto. co tali arco 45, CJ 3. fv Hi , and 'fe 4 u la d, FL 34140 4 for and in con eeof is hereby ac the party of the 'd a, to-wit. Parcel Identification Number: 00725200004 of m of $10.00 and other good ese presents does grant, rat, it heirs and assigns, all that SUMECT to covenants, restrictions, easements of record and taxes for the current year. TRUSTEE(S), Robert 3. Fiorillo & , has /have full power to sell, transfer, mortgage said real estate. TOGETHER WITH all singular the tenements, hereditaments and appurtenances belonging to or in anywise appertaining to that real property. AND the party of the first part does covenant to and with the party of the second part, their heirs and assigns, that in all things preliminary to and in and about the sale and this conveyance the Laws of Florida have been followed and complied with in all respects. In Witness Whereof, the parties of the first part have hereunto set their hand(s) and seal(s) the day and year first above written. Page 1 of 2 2126- 731780 Robert J. Fiorillo, Trustee of The Robert J. Fiorillo Living Trust Agreement obert J. Fiori llo rustee Signed, sealed and delivered in our presence; Witness Si re Print N e: State of Florida County of Collier THE FOREGOING INSTRUMENT WAS 3. Fiorillo, Trustee of The Robert ]. 1996 w 'a w 0 OR: 3793 PG: 1079 Witness Signature Print Name: before me on April 21, 2005, by Robert reement, dated September 19, lid driver's license as identification. 7, S ember 07 2008 ., Name Expires: Oc'1 � • c� Page 2 of 2 2126- 731760 �c� COLLIER COUNTY CODE-ENFORCEMENT BOARD CEB CASE NUMBER 2007100809 Board of County Commissioners, Collier County, Florida Vs. Kenneth C. Hill and Elizabeth J. Lefebvre -Hill Violation of Ordinance /Section(s) 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) of Ordinance 2004 -41, Collier County Land Development Code. Section 105.1 of the Florida Building Code 2004 Edition. Azure Sorrels, Code Enforcement Official Department Case No. 2007100809 DESCRIPTION OF VIOLATION: Un- permitted additions to an existing permitted carport and an un- permitted storage shed with electric. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain all required building permits, inspections and certificate of completion within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. Obtain a demo permit, demolish un- permitted structures and obtain all required inspections and certificate of completion within days of this hearing or a $ per day fine 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. 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W "!F M' 4 C ' . f 'p % 1 4 C 4 F 1 > � • yak^° . .. � . f ,■ 4 tv. s. 3,w ," z„'mot • Print Map Page 1 of 1 Vits0 ;4'-'14,10 - '‘"--,'-;;., . 1 MAP LEGEND Sheet Names Parcats ;, Subdl Visions Aerials 200!(S inch UrbanI Aerials 2001{'L PEEfJ _ *� ED BWidiny footprints s O Collie+County s": 4 may. ,. _... ,. .. ,,,.„, ,..... 0 . ii, .:vo. / . . # x• �: a 0-eft O 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.collierappraiser.com/webmap/mapprint.aspx?title=&orient=LANDSCAPE&pa... 4/23/2009 Print Map Page 1 of 1 lw ' - .-1411? ill i , . ,,,,,,,„ ... --11, La .� ° --, A,* l' 3 ' fTr MAP„ LEGEND i E,°rod ' - Street Wanes -.� L Pa+ee1a,--, ,,,,,.- , ,. , -[-- '. ._a .,.:x °°�, , .-; 9autlivisbns .w .,,.. y Aerlaly 1995 L otz. „ .„�',; .rz- Collier County r s err �� 4 AS r I ci, .4,,,, ,, ; y 40 ° °, N Y N+pMaw ©2004.Collier County Properly Appraiser.While the Collier County Property Appraiser is committed to providing the most accurate and up-to-date information, L no warranties expressed or implied are provided for the data herein,its use,or its interpretation. http://www.co llierappra iser.com/webmap/mapprint.aspx?title=&orient=LANDS CAPE&pa... 4/23/2009 To Whorn It May Concern; O I have been living in the Henderson Creek area since the early 1 0's. in ail of that time, the large stand alone shed /storage building that is closest tot a fourpiex at 1392 Henderson Creek Drive has been there. Signature Z_ --�-� e O il ep 7r��� �ples� F L 34114 �a-O( Address Date el To lien and Betty Ilill and Whom it may concern 1 am very familiar with the Henderson Creek area. I was part property owner of a trailer park close to 1392 Henderson Creek Drive, Naples, Florida. Also my grandparents and father lived in the area at a earlier time. I was periodically in the Henderson Creek area in the 1960s I remember a large stand alone shed/storage building located on the property close to the R.F'VM. Trailer Park. j.: -Signature Date harry I%ckford b. 120 Mar Bet Dr Lake Placid, Fl 33852 Phone_ 863 - 699 -1355 COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER 2007100809 Board of County Commissioners, Collier County, Florida Vs. Kenneth C. Hill and Elizabeth J. Lefebvre -Hill Violation of Ordinance /Section(s) 10.02.06(B)(I)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i) of Ordinance 2004 -41, Collier County Land Development Code. Section 105.1 of the Florida Building Code 2004 Edition. Azure Sorrels, Code Enforcement Official Department Case No. 2007100809 DESCRIPTION OF VIOLATION: Un- permitted additions to an existing permitted carport and an un- permitted storage shed with electric. RECOMMENDATION: 1 y A That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtain all required building permits, inspections and certificate of completion.7 within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. Obtain a demo permit, demolish un- permitted structures and obtain all required inspections and certificate of completion within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 1�1 4(e C' 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 �& {� all l c. obi- ,nc �V�"�"`�` REV 1/5/09 ._ '`.� -.- 1 !MAP OF BOUNDARY SURVEY OF A PARCEL OF NAND LYVVG IN SECTION 3, TOWNSHIP A SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA 589'23'55 "E 1181.77' (C) &(D) THE INTERSECTION OF THE EAST LINE OF STATE ROAD S -951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH 112 OF THE SOUTH 112 OF SECTION 3, TOWNSHIP 51, RANGE 26 EAST LEGEND = FOUND PK NAIL AND TIN TAB - NO IDENTIFICATION S89'26'55 E 992.23' (M) &(D) BEARING BASIS 30' WIDE ROAD RIGHT OF WAY PER O.R. BOOK 2686, PAGE 1303 i — — — — — A = SET PK NAIL AND DISK - D &W LB 6896" = FOUND 518" REBAR - NO IDENTIFICATION = SET 5/8' REBAR AND CAP - D &W LB 6896" (C) = CALCULATED DATA (D) = LEGAL DESCRIPTION DATA RECORDED IN OFFICIAL RECORD BOOK 3793, PAGE 1078, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (D 1) = LEGAL DESCRIPTION DATA RECORDED IN OFFICIAL RECORD BOOK 1247, PAGE 1820, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (M) = FIELD MEASURED DATA CURVE TABLE CURVE DELTA (M) RADIUS (M) ARC (M) I CHORD BEARING (M) CHORD (M) Cl 149'37'20 " 60.00' 156.68' 1 575-32'12"W 115.81 ' CURVE DELTA (D1) RADIUS (D1) ARC (01) CHORD BEARING (D1) CHORD (D1) Cl 149'59'45" 60.00' 1 157.08' 1 S75'33'05 "W 115.91' LEGAL DESCRIPTION FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S -951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH 112 OF THE SOUTH 112 OF SECTION 3, TOWNSHIP 51, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89 DEGREES 2355" EAST 1181.77 FEET, PARALLEL WITH SAID ESTABLISHED NORTH LINE OF THE SOUTH 112 OF THE SOUTH 112; THENCE SOUTH 89 DEGREES 26'55" EAST 992.23 FEET; THENCE SOUTH 0 DEGREES 33'05" WEST 30.00 FEET TO ESTABLISH THE POINT OF BEGINNING; THENCE FROM THE POINT OF BEGINNING RUN NORTH 0 DEGREES 33'05" EAST 30.00 FEET- THENCE SOUTH 8 DEGREES 2655" EAST 80.00 FEET; THENCE SOUTH 38 DEGREES 59'30" EAST 213 FEET, MORE OR LESS, TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORD BOOK 76 AT PAGE 127 OF THE PUBLIC RECORDS OF SAID COUNTY- THENCE SOUTHWESTERLY 135 FEET MORE OR LESS, ALONG SAID CENTERLINE TO A LINE BARING SOUTH 23 DEGREES 47'40" EAST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 280 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, RESERVING THEREFROM ALL OIL AN MINERAL RIGHTS. SURVEYOR'S NOTES 1. BEARINGS SHOWN HEREON ARE BASED UPON THE CENTERLINE OF HENDERSON CREEK DRIVE HAVING A BEARING OF S89'26'55 "E AS GIVEN IN THE LEGAL DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 3793, PAGE 1078, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2. NO UNDERGROUND IMPROVEMENTS OR FOUNDATIONS WERE LOCATED UNDER THE SCOPE OF THIS SURVEY. 3. THIS PARCEL LIES IN FLOOD ZONE 'AE" AS SHOWN ON FEMA FLOOD INSURANCE RATE MAP PANEL 12021 CO615G, DATED NOVEMBER 17, 2005, WITH A BASE FLOOD ELEVATION OF 5' NORTH AMERICAN VERTICAL DATUM OF 1988 (NAVD 1988). 4. BOUNDARY INFORMATION SHOWN HEREON IS BASED THE LEGAL DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 3793, PAGE 1078, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. NO SEARCH OF THE PUBLIC RECORD WAS PERFORMED BY THIS SURVEYOR. THERE MAY BE OTHER SETBACKS AND /OR EASEMENTS NOT KNOWN TO THIS SURVEYOR. 5. THE STREET ADDRESS IS: 1392 HENDERSON CREEK DRIVE NAPLES, FLORIDA 34114 6. THERE IS A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION RECORDED IN OFFICIAL RECORD BOOK 3793, PAGE 1078, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THE CALL FOR 'THENCE SOUTH 8 DEGREES 26'55" EAST 80.00 FEET" SHOULD BE 'THENCE SOUTH 89 DEGREES 26'55" EAST Rn_nn FFFT" 60' WIDE ROADWAY PER FLOI DEPARTMENT OF TRANPORTATION OF WAY MAP SECTION 03030- POINT OF BEGINNING NOT PLATTED GRAPHIC SCALE 0 10 20 40 ( IN FEET ) 1 inch = 20 ft. 0 o THERE ROAD W IN O.R. o 0 ALUM IESERYATION FOR F WAY INCLUDED T793, PAGE 1078 'K FENCE CORNER IS 0.2' OF THE PROPERTY LINE 1J.7' 1 wmI FLOOR /2 I COVERED CONCRE7E o END OF CHAIN LINK FENCE ENC oSED � SIDES N� IS ON THE PROPERTY LINE 1.6' 10.0' 209 7.6' — 4.7' 2.8' 2.8' .ol /I /i o_ N N� O O_ OC H' O5 CONCRETE a \ 9 GRAVEL a ELEVATED CONCRETE PAD —� 35.8' a n °n d 46.2' BRICK RETAINING WALL 0.9' WIDE CONCRETE / BLOCK RETAINING WAj� i END OF CHAIN LINK FENCE \ IS ON THE PROPERTY LINE APPROXIMATE TOP OF BANK / /CONCRETE BLOCK RETAINING WALL IS ON THE PROPERTY LINE 50' WIDE DRAINAGE EASEMENT O.R. BOOK 76, PAGE 127 NOT PLATTED � �� `0 / tia � J 4.4' 4.0' END OF CHAIN LINK FENCE / IS ON THE PROPERTY LINE 50.6' 1� 1, V� APPROXIMATE TOP OF BANK FOUND 314* REBAR, NO IOENDFICATION ° CONCRETE' CONCRETE STEPS ° 1.3' a 2.3' a CONCRETE DECK CONCRETE STEP a 50.0' BRICK RETAINING WALL 27.1' 50' WIDE DRAINAGE EASEMENT R O.R. BOOK 76, PAGE 127 G y �p1 1� a O w N Q � � II °m Q ° O c o c N � w I-) � < o [If a c r , e a i rn z a o O m N LL cr LJ O Ln lo 16 c V J CL 0 O � Q rn o OD (00 ¢ o mwtr j:, J w O O p- � -p Z Z Q Z I No Cl Q W J N cr Q O ~ (n = * ** OR: 3793 PG: 1080 * ** EXHIBIT A in the County � piece or of Collier,Fstate f Florida, to wit: lying and being From, the intersection of 951 with a line lying established North line of of Section 3, Township 51 County, Florida, run Si 1181.77 feet, parallel w line of the South 1/2 0 degrees 26.55" East 9SCt 331 05, west 30.00 e beginning. Thence f ow 0 degrees 33.05" Fas 26155" East 30.00 ee - Kest 30.00 feet; th nc a feet, more or less, t Drainage Easement, d in Official Hook 75 Maid C� the East line of State Road S- 501.493 feet South of the the South 1/2 of the South 1/2 South, Range 26 East, Collier Mt ees 23.55" East 1 ablished north u once South 89 feet; thenc h 0 degrees to establis`: th point of EOIIIt_A rbleci in run North t County; Lhenc uthwesterly less, along said ce ine to a 11 degrees 47040' East assing th beginning; thencg Nor t feet, m4 Point of beginning, re V. m,ineral rights. ISLAND TITLE GUARANTY AGENCY 731780 So h 8 degrees r s 33'05- 0 East 213 1 f a County ht recorded ecords of more or South 23 0)4 he point of Less, to the all oil and CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080010447 COLLIER COUNTY, FLORIDA, Plaintiff, vs ALLEN W. FULLER & BARBARA A. DAVIS, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: CO Required ATF Permits10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 267 Price Street Naples, FL 34113 SERVED: ALLEN W FULLER & BARBARA A DAVIS, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07 -44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING; YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774.8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en Is audiencie y usted sera responsable de proveer su propio traductor, pare un major entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. Av9tisman — Tout odisyon yo f8l an ang10. Nou pan gin moun you 1`8 tradiksyon. SI ou pa palti angI6 tanpri AN av8k yon intBprAt you pa16 you -ou. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS; Petitioner VS. DEPT CASE NO. CESD20080010447 Allen W. Fuller and Barbara A. Davis, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 0744, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Florida Building Code 2004 Edition, Chapter 1, Section 105.1 and Land Development Code 2004 -41, as amended, Section 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). 2. Description of Violation: Residence on agricultural property has been altered/added to, converting structure to a two story duplex structure with structural, plumbing and electrical alterations without obtaining required building permits. 3. Location/address where violation exists: 267 Price Street Naples, Fl 34113 (folio # 00730160003) 4. Name and address of owner /person in charge of violation location: Allen W. Fuller and Barbara A. Davis, residing at 265 Price Street Naples, F134113. 5. Date violation first observed: April 16th, 2008 6. Date owner /person in charge given Notice of Violation: July 17th, 2008 7. Date on/by which violation to be corrected: August 11 th, 2008 8. Date of re- inspection: February 26`h, 2009 9. Results of Re- inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above - described violation continues to exist; that attempts to secure compliance with the Collier Cou Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board r public hearing. Dated this 3rd day of March, 2009 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER S affirmed) nd sub ®®scribed before this 3rd day of March, 2009 by Azure Sorrels (�tayfe of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known V/ or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Jennifer R Waldron Commission #DD823767 REV 3 -3 -05 ..•'" Expires: SEP.17 2012 aax6AB THRV ATI.ANnC BONDING co., I:IC. Case Number: CESD20080010"7 Date: July 10, 2008 Investigator: Azure Sorrels Phone: 252 -2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FULLER, ALLEN W BARBARA A DAVIS 265 PRICE ST NAPLES, FL 341138438 Location: 267 Price Street Naples, FI Unincorporated Collier County Zoning Dist: Agricultural Properly Legal Description: 4 5126 N1 /2 OF W /12 OF W1 /2 OF NE1 /4 OF NW1 /4 OF NW1 /4 1.29 AC OR 992 PG 1135 Folio: 730160003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above- described location. Ordinance /Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and /or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code : i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Residence on agricultural property has been altered /added to, converting structure to a two story duplex (multi- family) structure with structural, plumbing and electrical alterations without first obtaining all required Collier County Building permits ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structureAmprovements: AND / OR M ust remove said structure/improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structuretimprovements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. 3 3. Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion AND / OR Must demolish described improvements /structure and remove from property. ON OR BEFORE: 08/11/2008 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. SER7L Inves lorrels or Signature Azure INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -2343 Signature and Title of Recipient Printed Name of Recipient Date y • Complete items 1, 2, and 3. Also complete A Item 4 if Restricted Delivery is desired. X • Print your name and address on the reverse so that we can return the card to you. 6 • Attach this card to the back of the mailpiece, or on the front if space permits. z �' &�/� ❑ Agent ❑ Addressee (Printed Name) I C. Date of Delivery D. Is delivery address different from Rem 1? 11 Yes 1. Article Addressed to If YES, enter delivery address below: ❑ No Fuller, Allen, Barbara, Davis 265 Prince St s Naples, FL 34113 -8438 s. seryice Type ,,Certified Mail ❑ Express Mail ❑Registered ❑ Retum Receipt for Merchandise Case#: CESD20080010447 ❑ Insured Mall ❑ C.O.D. Restricted Deliverv? (Extra Fee) ❑ Yes 7006 2760 0003 7683 8834 k /// Lo�- V oL — � PS Form 3811, February 2004 Domestic Return Receipt 102595 -02 -M -1540 ftuurgrsuc mwrr vr►ry; rva insurance coverage Provtdet ' ; For: delivery"information. Visit:ourwebsite at-www.usps.comu,_ _■ Postage M Return Receipt Fee Postmark O(Endorsement Required) Here O Restrictef' no r„— cao (Endorser 0 Fuller, Allen, Barbara, Davis Total P, r_ 265 Prince St ru Sent To Naples, FL 34113 -8438 .A O Street, ,A - - - -- C3 ----- Case #: CESD20080010447 City, Star :ao eo. 5 UL\ 11v1I 1 -- +-.iii- 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http: / /ecodes.iccsafe.org /icce/ gateway .dll /Florida %20CustomBuild2004 FL /3 /8 ?f= templ... 11/20/2007• (/O I U.U2. UU AYYL1l:A 11UN KhQ U 1KhMhN 1 rage i of z 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/ DocView /13992/l/66/68 ?hilite =l0 02 00; 1/30/2009 4 IU.UL.UU AYYLIUAIWIN KJ✓11U1KC1V11✓1N 1J rage 2. of ./- 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/DocView /13992/l/66/68 ?hilite =l0 02 00; 1/30/2009 U 10.02.00 APPLICAIIUN KEQUIKtMhN IN rage i of j 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: / /Iibrary2.municode.com/ default /DocView /13992/1/66/68 ?hilite =l0 02 00; 1/30/2009 10.02.00 APPLIUAIIUN REQU1KLMLN IN rage 2 or .s 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 by 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: / /Iibrary2.municode.com/ default/ DoeView /13992/l/66/68 ?hilite =l0 02 00; 1/30/2009 JQ) 10.02.00 APPLIUAJ ION REQUIREMEN IN rage .j of 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. 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). http: / /library2. municode. com / default/ DoeView /13992/l/66/68 ?hilite =l0 02 00; 1/30/2009 1 t This Document Prepared By and Return to: Law Offices of Ronald S. Webster 979 North Collier Blvd. Marco Island, FL 34145 239 - 394 -6999 Parcel ID Number. 00728440007/00730160003 Warranty Deed This Indenture, Made this day of elq July Katherine Sue Reuter, an unremarried widow 3869915 OR: 4070 PG: 2222 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/12/2006 at 08:35U DWIGHT N. BROCE, CLBRL CONS 515000.00 Be FEN 18,50 DOC --70 4025.00 Reta: RONALD S WEBSTER 919 N COLLIER BLVD KARCO ISLAND FL 34145 , 2006 A.D. , Between of the County of Collier , State of Florida , grantor, and Allen W. Fuller, a single man and Barbara A. Davis, a single woman, as Joint Tenants with Rights of Survivorship whose address is: 265 Price Street, Naples 34113 of the County of Collier ` D� , �.l�it f Florida , grantees. 0 witnesseth that the GRANTOR, for and in ns `lion of the sum of (� 7 and tither g(x)d and valuable consideratio to granted. bargained and sold to the said G ANT lying and being in the County of Coll ez� Parcel One: The South 1/2 of the W `sfi the Northwest 1/4 of th`,, South, Range 26 East, Co' South side and 30 feet on Parcel Two: aC.D �-0) - - - -- - - - - - - - - - - - - - - - - DOLLARS, RA ha paid y GRANT S, t receipt whereof is hereby acknowledged, has S. assi ns forever, the following described land, situate, at to ida to wit: 1/2 of the W / the Northeastl /4 of rthwest 1 /4i n 4, Township 51 i County, Flo less 30 feet on the �es t side right of way. Ci The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. Warranty Deed- page ' 2 Pareel iD Number: 00728440007/00730160003 * ** OR: 4070 PG: 2223 * ** In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: } o� 3. \N) Ce L Printed Name:SprJOL,,N F �b0at�s Witness D R { r ea. Q� Printed Name: -e— Witness STATE OF Florida COUNTY OF Collier The loregoing instrument was acknowledged Katherine Sue Reuter, an he is personally known to me or he has produced Vs F s (Seal) Katherine Sue Reuter P.O. Address: 265 Price Street, Naples, FL 34113 co ed widoX, 2 c^ :c- U0 t My i July , 2006 by as identification. � • V3 0V )z SANDRA F, WOODS Notary Public, State of Florida My comm. expires Mar. 17, 2009 No. DD 408357 0V )z COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080010447 Board of County Commissioners, Collier County, Florida Vs. Allen W. Fuller and Barbara A. Davis Violation of Ordinance /Section(s) Florida Building Code 2004 Edition, Chapter 1, section 105.1 and 2004 -41 Collier County Land Development Code, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i) Azure Sorrels, Code Enforcement Official Department Case No. CESD20080010447 DESCRIPTION OF VIOLATION: Residence on agricultural property has been altered /added to, converting structure to a two story duplex structure with structural, plumbing, and electrical alterations without first obtaining all required 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 of this case within 30 days and abate all violations by: 1. Respondent must obtain all required Collier County building permits, inspections and certificate of occupancy for described structure /improvements within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. Respondent may demolish said improvements returning structure to its original permitted state by obtaining a Collier County demolition permit, inspections, and certificate of completion within days of this hearing or a $ per day fine 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 This Document Prepared By and Return to: Law Offices of Ronald S. Webster 979 Borth Collier Blvd. Marco Island, FL 34145 239 -394 -8999 Parcel ID Number: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of 4-tv July Katherine Sue Reuter, an unremarried widow 3869915 OR; 4070 PG; 2222 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 01/12/2006 at 08:35AM DWIGHT E. BIOCE, CLERE CONS 515000.00 IEC FEE 18,50 DOC -.70 4025.00 ROM RONALD S WEBSTIR 919 N COLLIER BLVD MARCO ISLAND FL 34145 , 2006 A.D. , Between The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 Bast, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. of the County of Collier I State of Florida , grantor, and Allen W. Fuller, a single man and Barbara A. Davis, a single woman, as � Joint Tenants with Rights of Survivorship whose address is: 265 Price Street, Naples 34113 t of the County or Collier t,RC(p �� , �� r Florida , grantees. W itnesseth that the GRANTOR, for and in ns ion of the sum of ----------------------- T -- - - - - - - - - - - - - - - - - - DOLLARS. ^ and other good and valuable considerati to RA ha paid y GRANT S, t receipt whereof is hereby acknowledged, has bargained and sold to the G ANT �J) grained. said assi s forever, the following described land, situate, lying and thing in the County of Coll a at to ida to wit: Parcel One: The South 1/2 of the W 1/2 of the W / the Northeastl /4 of the Northwest 1/4 of th`^ rthwest 1/4 CL, n 4, Township 51 South, Range 26 East, C i County, Flo ii/less 30 feet on the South side and 30 feet on eat side ad right of way. �j I Parcel Two: CA- The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 Bast, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Allen W. Fuller & Barbara A. Davis, Respondent DEPT No. CESD20080010474 ITEM PAGE(S) Notice of Hearing 1 Statement of Violation and Request for Hearing 2 Notice of Violation 3 -5 Copy of Applicable Ordinance 6 -9 Deed 10 -11 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CESD20080010474 COLLIER COUNTY, FLORIDA, Plaintiff, vs. ALLEN W FULLER & BARBARA A DAVIS, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 267 Price Street Naples, FL 34113 Folio # 730160003 SERVED: ALLEN W FULLER & BARBARA A DAVIS, 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 AREA PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioms Ingles. Servicios the traduecion no seran disponibles en Is audiencia y usted sera responsible de proveer su propio traductor, pars un mejor entendimiento con ]as comunicaciones de este evento. Por favor traiga su propio traductor. AvBtisman — Tout odisyon yo fbt an angl9. Nou pan gin moun you f8 tradiksyon. Si ou pa paI6 anglb tanpri vini av ®k yon intAprBt you pa16 pouou. 1 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY. COMMISSIONERS, Petitioner VS. Allen W. Fuller and Barbara A. Davis, Respondent(s) DEPT CASE NO. CESD20080010474 STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation of Ordinance(s) Florida Building Code 2004 Edition, chapter 1, section 105.1 and 04 -41 Land Development Code, as amended, section 10.02.06(B)(1)(a) 2. Description of Violation: Mobile home placed on property with utility connections without first obtaining all required building permits. 3. Location/address where violation exists: 267 Price Street Naples, Fl 34113 (folio # 730160003) 4. Name and address of owner /person in charge of violation location: Allen Fuller and Barbara Davis residing at 265 Price Street Naples, Fl 34113 5. Date violation first observed: April 16, 2008 6. Date owner /person in charge given Notice of Violation: July 17`h, 2008 7. Date on/by which violation to be corrected: August 11, 2008 8. Date of re- inspection: February 26`x', 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 Co Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board or a public hearing. Dated this 3rd day of March, 2009 Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER REV 3 -3 -05 Swo o (or affirmed) and subscribed before this 3`a day of March, 2009 by Azure Sorrels 27 (S' a e of Notary Public) (Print/Type /Stamp Commissioned Name of Notary Public) Personally known or produced identification Type of identification produced NOTARY PUBLIC -STATE OF FLORIDA Jennifer E. Waldron Commission #DD823767 Expires: SEP.17, 2012 BONDED THRD MAN= BDNDINQ ca, wa ^ Case Number: CESD20080010474 Date: July 10, 2008 Investigator: Azure Sorrels Phone: 252 -2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FULLER, ALLEN W BARBARA A DAVIS 265 PRICE ST NAPLES, FL 341138438 Location: 267 Price Street Naples, Fl Unincorporated Collier County Zoning Dist: Agricultural Property Legal Description: 4 51 26 N1 12 OF W/12 OF W1/2 OF NE1 /4 OF NW1/4 OF NW1/4 1.29 AC OR 992 PG 1135 Folio: 730160003 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 0744, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above - described location. Ordinance /Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section 105.1 Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 0441, as amended, Section 10.02.06(B)(1)(a) Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Mobile home on property with utility connections without required Collier County Building permits. ORDER TO CORRECT VIOLATION(Sl: You are directed by this Notice to take the following corrective action(s): 1. Must apply for and obtain all permits required for described structure /improvements: AND / OR M ust remove said structure /improvements, including materials from property and restore to a permitted state. 2. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structure /improvements. Must also request or cause inspection through and including certificate of occupancy /completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy /completion. ON OR BEFORE: 08/11/2008 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. 3 SERVED BY: In stigator Signature Azure Sorrels INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252 -2440 FAX: 239 252 -3900 Signature and Title of Recipient Printed Name of Recipient Date y -------- wmw . ..... .11 , CO p , L �� m CO Postage $ Certified Fee Postmark m Return Receipt Fee Here (Endorsement Required) O O Restricted Delivery Fee (Endo----- - Tot: Allen, Barbara and Davis Fuller 265 Price St "u Sent Naples, FL 34113 -8438 O SMee p or PL Case #: CESD20080010474 PS Form :,. August 2006 Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the maiipiece, or on the front if space permits. Article Addressed to: Allen, Barbara and Davis Fuller 265 Price St J`11-�ples, FL 34113 -8438 Case #: CESD20080010474 A Sign X ❑ Agent ❑ Addressee B. Received by ( Printed Name) C. Date of Delivery D. Is delivery address differ'ant from Rem 1? ❑ Yes If YES, enter-delivery address below: ❑ No 3. Spice Type ertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes -;nnL. P7Ln nnnq ?i-Aq AAI, q ,AIL 61 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/DoeView /13992/l/66/68 ?hilite =l0 02 06; 12/22/2008 1V.VL.VV tirrLll.Li11V1V rcCyuirc- nivmiN 10 rags /- 01 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/ DocView /13992/l/66/68 ?hilite =l0 02 06; 12/22/2008 i _. -- CC ovvea ROORL4 Q: J� AEMOVE E%ISTi3. 0 -- CUPOLA ANO 'I RECONSTUCT TO U MATCH 6AIGINAL i � EItrSTIN6 COPPSR ROOF UIL ING W 1 t , O LO IDA cil 1 peas E � - - - - CRs d — ; 0� O 1 REPAIR EXISTING TAL VENTLATORS -i3 NEW 6ALV. (SEE SPECS) METAL LOUVER ���� - WV p; it DIUtNT REL:EP OCULPTLaE NSW F�I —° RELOCATE& PRO. SLATE ROOF EXIST. CON37. SEE ALWWANCE A 114 GO[I WI: "fl[VST ,•y NOW *T Qco ON NEW CONCRETG -- -+ -- NCW RRECAlT CONC. GiiTA/s >VP jSEE NOTE I \ NOW slacc ON NEW TYR µEW _ —_ &RICK NRY TYR •� (I- ECTROUOR PATGN ♦NO RERINIS New as NCW�DOWNSPOVT �I 0 105.1 105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. http: / /ecodes.iccsafe.org /icee/ gateway .dll /Florida %2OCustomBuild2004 FL /3 /8 ?f= templ... 11/20/2007 9 This Document Prepared By and Return to:. Law Offices of Ronald S. Webster 979 North Collier Blvd. Marco Island, FL 34145 239 -394 -8999 Parcel ID Number: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of ON July Katherine Sue Reuter, an unremarried widow 3869915 OR: 4070 PG: 2222 RICORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 07/1Z/2006 at 08:35H DWIGHT I. BROCK, CLLR[ CONS 575000.00 He FII 18,50 DOC -.70 4025.00 Reta: RONALD S VIBSTIR 979 N COLLIER BLVD MARCO ISLAND FL 34145 , 2006 A.D. , Between of the County of Collier' , State of Florida , grantor, and Allen W. Fuller, a single man and Barbara A. Davis, a single woman, as Joint Tenants with Rights of Survivorship whose address is: 265 Price Street, Naples 34113 t ��R cow of the County of Collier � �- , 1 . f Florida , grantees. O Witnesseth that the GRANTOR, for and in ns ion of the sum of ---- ------------- - - - - -- T ) - -- — — -- — — — — — — — DOLLARS. ^ and other g(%�d and valuable consideratio to RA ha paid y GRANT S receipt. whereof is hereby acknowledged, has VJ granted, bargained and sold to the said G ANT S' asst forever, the following described land, situate, _ ) lying and being in the County of Col 1 le at 1ida to wit: Parcel One: TIL-4F r� The South 1/2 of the W" 1/2 of the W"/ i the Northeastl /4 of the Northwest 1/4 of th`� rthwest J/4t&&J f n 4, Township 51 South, Range 26 East, Coi County, Flo r less 30 feet on the South side and 30 feet on t, est side �o ad right of way. Parcel Two: 1 -11 C� � The North 1/2 of the West 1/2 of the West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. Warranty Deed -Page * 2 Parcel ID Number: 00728440007/00730160003 * ** OR: 4070 PG: 2223 * ** In Witness Whereof, the grantor has hereunto set his hand and seal the day and year first above written. Signed, sealed and delivered in our presence: • (Seal) Printed Name :S` prJpg,0 F 110 ( i %s Katherine Sue Reuter Witness P.O. Address: 265 Price Street, Naples, FL 34113 Printed Name: -� 7' Witness STATE OF Florida COUNTY OF Collier O The ibregoing instrument was acknowledged bef Katherine Sue Reuter, an arried Wi he is personally known to me or he has produced r-, t My o �_\ July , 2006 by 1C�n8 as identification. v SANDRA F. WOODS Notary Public, State of Florida I KI My comm. expires Mar. 17, 2009 No. DD 408367 oar COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080010474 Board of County Commissioners, Collier County, Florida Vs. Allen W. Fuller and Barbara A. Davis Violation of Ordinance /Section(s) 105.1, Florida Building Code 2004 Edition and 10.02.06(B)(1)(a), Collier County Land Development Code, 2004 -41, as amended. Azure Sorrels, Code Enforcement Official Department Case No. CESD20080010474 DESCRIPTION OF VIOLATION: Mobile home placed on property with utility connections without first obtaining all required building permits. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution of this case within 30 days and abate all violations by: 1. Obtaining all required Collier County building permits, inspections and certificate of occupancy within days of this hearing or a $ per day fine will be imposed for each day the violation remains. 2. Respondent may obtain a demolition permit and demolish said structure followed by required inspections and receive certificate of completion within days of this hearing or a $ per day fine 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 t _J This Document Prepared By and Return to: Law Offices of Ronald S. Webster 979 North Collier Blvd. Marco island, FL 34145 239 -394 -8999 Pared ID Number: 00728440007/00730160003 Warranty Deed This Indenture, Made this day of 001W July Katherine Sue Reuter, an unremarried widow 3869915 OR; 4010 PG; 2222 RECORDED in OFFICIAL RECORDS of COLLIER COOIRT, FL 0111212006 at 08:35AN DVIGBT E. BIOCI, CLI11 CONS 515000.00 REC FEE 18,50 DOC -.70 4025.00 Retn: RONALD S HISTIR 979 N COLLIER BLVD MARCO ISLAND FL 34145 , 2006 A.D., Between of the County of Collier , State of Florida , grantor, and Allen W. Fuller, a single man and Barbara A. Davis, a single woman, as Joint Tenants with Rights of Survivorship whose address is: 265 Price Street, Naples,--F-U_34113 of the County of Collier L� f Florida , grantees. Witnesseth that the GRANTOR, for and in ---------------- - - - - -- 7 and other good and valuable considerati to granted. hargained and sold to the said G ANT lying atxl bring in the County of Coll ' et Parcel One: �", The South 1/2 of the W the Northwest 1/4 of t South, Range 26 Bast, South side and 30 feet Parcel Two: of the sum of )2 - - - -- - - - - - - - - - - - - - - - - DOLLARS. GRANT S, t receipt whereof is hereby acknowledged, has assi ns forever, the following described land, situate. at to ida to wit: 1/2 of the wt � / / lthe Northeastl /4 of rthwest 1/4, �bn 4, Township 51 i County, Flo r �Iad 'less 30 feet on the est side right of way. j t C SRC i The North 1/2 of the West 1/2 of the west 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida. Subject to restrictions and easements common to the subdivision and taxes for the year 2006 and subsequent years. and the grantor does hereby fully warrant the title to said land, and will defend the same against lawfull claims of all persons whomsoever. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. John A. Cowden, Respondent Turrell, Hall & Associates, Inc, Registered Agent DEPT No. 2007050845 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3 -6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007050845 JOHN A. COWDEN, Respondent(s) TURRELL HALL & ASSOCIATES, INC., 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Electrical boat lift added to existing boat dockwithout obtaining required Collier County Building permits. LOCATION OF VIOLATION: 413 SAN JUAN AVE Naples, FL SERVED: John A. Cowden, Respondent Turrell Hall & Associates, Inc., Registered Agent 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 1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007050845 Board of County Commissioners vs. John A. Cowden, Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) and the Florida Building Code 2004 Edition, Section 105.1 Location: 413 San Juan Avenue, Naples, FL 34113 Folio # 52454760009 Description: Electrical boat lift added to existing boat dock without first obtaining all required Collier County permits Past Order(s): On March 27, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4347 PG 0590, for more information. The Respondent has complied with the CEB Orders as of February 13, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $58,600.00. See below. Order Item # 2 and Order Item # 4 Fines at a rate of $200.00 per day for the period between April 27, 2008- February 13, 2009 (293 days) for the total of $58,600.00. Order Item # 6 Operational Costs of $328.52 have been paid. c� Retn: INTER OFFICE CODE ENFORCEKEIIT E KARKD 252 5892 4149439 OR: 4347 PG; 0590 REC FIB 35.50 RECORDED in the OFFICIAL RECORDS of COLLIER CODKTY, FL 04/08/2008 at 11:22AK DWIGHT E. BROCK, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. BRIEN S. SPINA, Respondent CEB NO. 2007050845 FINDINGS OF FACT, CONCLUSIONS THIS CAUSE came on for public hearing re Z ' _ , 008, and the Board, having heard testimony under oath, received evidence respective to a to matters, thereupon issues its Findings of Fact, Conclusions of Law an der of the Board, as folio I. That Brien S. Spina is th o r thV u e p e . V 2. That the Code Enforcem j e per t spondent and that the Respondent, having been duly notippeared at the public ng a d e into a Stipulation. 3. That the Respondent was no ' i f the date of hearing i it and by posting. 4. That the real property located eta �Ave�nu �ierCou�nty ride 34113, Folio 52454760009,more particularly described as Lot 695, Isles of Ca o the plat recorded in Plat Book 3, Page 66, Public Records of Collier County, Florida is in Ordinance 04-41, the Land Development Code, as amended, sections 10.02.06(B)(Ixa), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) in the following particulars: Electrical boat lift added to existing boat dock without first obtaining all required Collier County Permits ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, 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, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) and the Florida Building Code, 2004 Edition, Section 105.1 be corrected in the following manner: 1. By obtaining all required building permits for the electrical boat lift, including all inspections and certificate of completion within 120 days (July 26, 2008). OR; 4347 PG; 0591 2. In the alternative, by obtaining demolition permit, all required inspections, and a certificate of completion and demolishing the electrical boat lift within 30 days (April 26, 2008). 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by July 26, 2008, then there will be a fine of $200 per day for each day the violation remains. 4. That if, in the alternative, the Respondent does not comply with paragraph 1 of the Order of the Board by April 26, 2008, 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 within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $328.52 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. ap DONE AND ORDERED this Z day of 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument 2008, by Gerald LeFebvre, Chair o personally known to me or ~I ff N7N1 �i 17 aK/6p6r EIPM, June 18, 2011 aooa�a rhu � qbf a uMwwiren ENFORCEMENT BOARD ----� 2800 N rth Hor sho Drive ap es, orida 3 04 A Nledged before m is d Enforcement Boa C lie ty, lorida, who is has produced a Flo i icense as identification. 0 My commission expires: CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that a true and correct copy of this ORD has be, n sent by U. S. Mail to Brien S. AO Spina, 300 Capistrano Court, Naples, Florida 34145 this �— day of ' 2008. M. Jean 194son, Esq. Floridacgar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 U BOARD OF COUNTY COMMISSIONERS Collier County, Florida Vs. Brien S. Spina Petitioner, Respondent(s), OR: 4347 PG: 0592 4rx STIPULATION /AGREEMENT DEPT NO. 2007050845 COMES NOW, the undersigned, ri J/ 9 "Al , 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 2007050845 dated the 24h day of May, 2007. In consideration of the disposition Li vid resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for March 27th, 2008; to promote efficiency in the administration of the code enforcement process; and to obt< +n a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in th= '- renced Notice of Violation are accurate and I stipulate to their existence. Electrical bo added to Collier County Building p�rrr,:ii��. �,�� 2) The violations are - t z sections) 10.02.06(13)(1)(e)(i), of Ordi,,:�'r alteration permit and cer°.j. THEREFORE, it is agreed b< �?, erfi�s'ltlat 1) Pay operational costs in t, C of $328.52 2) Abate all violations by:� Respondent must oh tr e within , AW daq of t�!'- i rig or a - - - -- - remains.Laa V e' _ Respondent may obt.. or a $200.00 day fina , 3) Respondent must notify C Investigator to u; Res ride fit 347-G)9--- Date REV 2f23ro7 t'U ck without first obtaining the required 10.02. (B 1)(a),10.02.06(13)(1)(e), and £d, and a scribed as Building or land of this case. inspections and certificate of completion will be imposed for each day the violation no permit and demolish electrical boat lift with in 30 days of this hearing imposed for each day the violation remains. "-nforeement that the violation has been abated and request the orm a site inspection. ichelle Amo irector Code Enforcement Department -: 3- 2-1-68 Date s * ** OR: 4347 PG: 0593 * ** CoU\ ? 0 o� e' M M ;ounty of COLDER HEREBY CERTI-.77 THAT this Is a ftN 00 .orrect copy of a aocument on.file in j 3oard Minutes and Recoras of Coilier CoOnty N S my h o as of ' ' eal this. fftlay of _ 1NIGHT E. BROGK, CLERK OF'COURM. re TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Florida Metal Masters, Inc., Respondent Jim Palmer - Trepasso, Registered Agent DEPT No. 2007090640 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3 -10 Affidavit(s) 11 -12 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. Case: 2007090640 FLORIDA METAL MASTER INC, Respondent(s) Jill Palmer - Trapasso, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Airplane fuselage, granite /marble slabs, and dumpster in the parking area intended for vehicular parking site development plan (99 -125) LOCATION OF VIOLATION: 4443 Arnold AVE Naples, FL SERVED: FLORIDA METAL MASTER INC, Respondent Jill Palmer - Trapasso, Registered Agent Heinz Box, 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 -8600; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE 11 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007090640 Board of County Commissioners vs. Florida Metal Master, Inc., Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 10.02.03 B 5 Location: 4443 Arnold Avenue, Naples, FL Folio # 00279520007 Description: Airplane fuselage, granite /marble slabs, and dumpster in parking area intended for vehicular parking violating site development plan (99 -125) 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 3846, for more information. The Respondent has complied with the CEB Orders as of April 1, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $1,200.00 See below. Order Item # 1 and Order Item # 2 Fines at a rate of $100.00 per day for the period between March 21, 2009- April 1, 2009 (12 days) for the total of $1,200.00. Order Item # 4 Operational Costs of $87.44 have been paid. IN Retn: JEN WALDRON 421191190 OR' 43 98 PG' 3846 CODS ENFORCEMENT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL 2800 N HORSESHOE /DR CDBS BLDG 10/06/2008 at 03:36PM DWIGHT E. FROCK, CLERK NAPLES FL 34104 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. FLORIDA METAL MASTER, INC. Respondent CEB NO. 2007090640 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD REC FEE 36.60 THIS CAUSE came on for public hearing before the Board on September 25, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Florida Metal Master, Inc..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, in person and by Attorney Peter Flood. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4443 Arnold Avenue, Naples, FL, Folio 00279520007, more particularly described as (see attached Legal) is in violation of Collier County Ordinance 04 -41, the Land Development Code, as amended, section 10.02.03 B5 in the following particulars: Airplane fuselage, granite /marble slabs, and dumpster in parking area intended for vehicular parking violating site development plan (99 -125) 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 10.02.03 B 5 be corrected in the following manner: 1. By abating all violation within 180 days (March 20, 2009). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 20, 2009, then there will be a fine of $100 per day for each day the violation exists. 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 the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $87.44 within 30 days. 3 OR; 43 93 PG-- 3847 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 Z day of , 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FL RIDA BY*er'alfdl f Le ebvre hair 2800 North Ho seshoe Driv Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) 0 The foregoing instrument was acknowledged before me this Z� day of ) Z( , 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. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Florida Metal Master, Inc., Jill Palmer- Trapasso, R.A., 3609 Cottage Club Lane, Naples, Florida 34105 and to Peter Flood, Esq., 125 N. Airport Rd., Ste. 202, Naples, Fl 34104 this 7 -�JQ day of _ _ n C + . , 2008. Jea0awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 _.., aples, Florida 34102 39) 263 -8206 _ $tellfery fR s HEREBY CERTIFY THAT thiS iS 8"ad °rrect c00Y of a aocument on file in °ard Minutes and Rrecoras of Collier COO* r,� SS my n q a a' Ic'►' 'Se�j this of cay 7WICHT E. BRo-tK• CLERK OF CO t' Stu 711, i �P••• KRISTINE HOLTON MY COMMISSION # DD 686595 EXPIRES: June 18, 2011 ^rh P( �yd • Banded Thru Notary Public Underwnters NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Florida Metal Master, Inc., Jill Palmer- Trapasso, R.A., 3609 Cottage Club Lane, Naples, Florida 34105 and to Peter Flood, Esq., 125 N. Airport Rd., Ste. 202, Naples, Fl 34104 this 7 -�JQ day of _ _ n C + . , 2008. Jea0awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 _.., aples, Florida 34102 39) 263 -8206 _ $tellfery fR s HEREBY CERTIFY THAT thiS iS 8"ad °rrect c00Y of a aocument on file in °ard Minutes and Rrecoras of Collier COO* r,� SS my n q a a' Ic'►' 'Se�j this of cay 7WICHT E. BRo-tK• CLERK OF CO t' Stu 711, 2511825 OR; 2623 PG; 2452 1112111191 u uu at 1 shit m It . �11M 1cum�, IL = 111111.00 rat nl 1031 DOt -.71 711.11 This Instrument Prepared attd Retum tol lots: oulfsttore Title Co. l..0 G96138OU TITW co 3311 Tandami Trail North rlcl IT Naples, Florida 33940 WARRANTY DEED THIS WAXXANTY DEED Made the Day of December , A.D. 1999 By Jill Palmer- Trapasso, FWA Jill 1. Palmer, A married Woman and joined by her spouse Michael A. Trapauo hereinafter called the grantor, to Florida Metal Masters, Inc. A Florida Corporation hereinafter called the Grantee whose post office address is: 35N First Avenue S.W. Naples, Po" 34111 (W►erever Merl hereia the terms - sraalor" and `grantee" laclade all the parties to this instrument and the ►eirs, legal representatives and assigas of doe IadivWash, a mus ,yrigas of corporation) L WIT of the sum of $ 10.00 and other WITNESSETH: That the g tst�� rand' cons) valuable eo"Weratlons, rYCeip whe f hereby acknowledged, ere b grants, bargains, sells. aliens, relelses, releases, conveys as con rm the r a 1 that c aIn land situate In COLLIER State FLORIDA to- \ County, of n 0 H AS PE ACHED EXHIBIT "A�+ �_ O PROPERTY I.D.# 0027952000 ��✓ *4-- O V� TOGETHER, with all the tenements, h I C p es thereto belonging or in anywise LAS appertaining. t Ib HAVE AND 70 HOLD, the same in fee simple forever. W AND the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee CC> simple; that the grantor has good right and lawful authority to sell and convey said land, and hereby warrants pp the tick to said land and will defend the same against the lawful claims of all persons whomsoever; and that the tc said iww is free of all encumbrances, except taxes accruing subsequent to December 31, 1999 \ IN EXEOF, the said grantor has signed and sealed these presents the day and year font above of Witness N I Si ature of Grantor Jill Palmer- Tlapasso, FWA Jill 1. Palmer ,�t N ame of Wi eu N I Print l� �f Pat K. �4, Siature of itness 1#2 Signature of Gran /Miehael A. Trapasso lit �� Cr�.,�► -,�., ti� �� Print Name of it m N 2 Print Name of Grantor 5 * ** OR: 2613 FG: 2453 * ** STATE OF FLORIDA COUNTY OF COLDER I HERE AY CERTIFYthat on this day. before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Jill Palmer- Trapasso, F/K/A Jill L Palmer and Michael A. Tmpasso to me known to be the pawn described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal in the County and State last aforesaid this y of DECEMBER A.D. 1999- SEAL. Signature of Notary Public �- NotiryAaa _' Print Name of Notary Public Nay thd+Yt. SIr� El My cows vP@g Ccwta ,ia, IllOtdad hru NO" Pubft Undw yrt My Commission Expires: �D r~ PARCEL !0 OF BLOCK S OF AN NAPLES INDUSTRIAL PARK, LTD. UNIT NO. !, SEUiO A PART Its OP TNS NORTHEAST 196 OF Co SECTION 30, TOWNSHIP 4 SOUTH, RANGE >!s MST, SEMIS YORE PARTICULARLY G7 DElf) AS FOLLOW& COIYlICIIiO AT THE NORTH 110 CORNM OF SECTION $6, TOWNSHIP SO MOUTH, Co RAMS! la EAST, COLLINS COUNTY, PLORgAi T11EfICE ALONG THE NORTH LINE OP MD =a In 96, NORTH 00 oEOROB a, 3r SAW 1196.00 FEET FOR THE PLACE OF 01110010110 OF THE PARCEL, HINISMI oESORIEEDI THENCE CONTMIUMW OEORM 96- W MST ALOHO THE NORTH LM OF SAID SECTION OS, NORTH N 11GAG FEET1 THENCE $0UT14 S OEOREES 311' Sr am 2113.00 FEET: THIN 'E SOUTH 96 oEORtSS Sig or WEST 110.9 FEETI 11*= MOUTH 10114810111 $0' A PART OP THE C \ Sr Was ISM FEET TO THE KAM OF OEOMa1M10, ESNIO NORTH 1A OF THE NORTHEAST 196 OF SSCTION_M. TOWNDEP. 00 SOUTH. RANGE si EAST, COLLIER COUNTY, PLORIDAS SUBJECT TO A UTILITY ANO A ROAD MIORNE AND EGRESS O'V THE SOUTH 00.96 FEET THEREOPI EASNOW PC" SUEMCT TO A UMITY AND DRAM= IAWMT 0NS11 THE NORTH 30.96 FEET THINOW. �D 4204992 OR. 4389 PG. 1120 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 08/2612008 at 08 :13AK DWIGHT E. FROCK, CLERK RIC FEE 18.50 CODE ENFORCEMENT BOARDRetn:INTEROFFICENEN WALDRON COLLIER COUNTY, FLORIDA INTERIM OPERATIONS COORDINATOR COLLIER COUNTY CODE ENFORCERRN BOARD OF COUNTY COMMISSIONERS, CDES BUILDING COLLIER COUNTY, FLORIDA, Petitioner, VS. FLORIDA METAL MASTER, INC. Respondent CEB NO. 2007090640 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on August 22, 2008, on the Respondent's Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on September 25, 2008. Respondent waives written notice. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this . day of 2008 at Collier County, Florida. Jlatti 01 F LQRIUA ;aunty of COLLIER 1 HEREBY CERTIFY i HAT this is a true 91110 .crrect copy of a 00c.': Ott fife t" Board Minutes anti :Or 3 c Gailie-r Couff' Af ITN ESS my rii '.' t s ` °; 4i seat this cay of T . BKOGK, CURIA OP COURTS, CODE ENFORCEMENT BOARD COLL COUNTY, GRID BY: . erald Lefeb/a3,4104 Ch I 2800 North H shoe D "ve Naples, Flori err — -- �-,+�• ' * ** OR; 4389 PG; 1121 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of , 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. KRIONEL NOTARY PUBLIC .; .. MY COMM18810SE595 My commission expires: F EXPIRES; Ju11 Sondod Thru N tar Pmvirer Y CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Florida Metal Master, Inc. , Jill Palmer - Trapasso, R.A., 3609 Collage Club Lane, Naples, Florida 34105 and to Peter Flood, Esq., 125 N. Airport Rd., Ste. 202, Naples, Fl 34104 this yd ay o 2008. Lw, M. Jet awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 WIN CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. FLORIDA METAL MASTER, INC. Respondent CEB NO. 2007090640 �. C13 PW �oCD r z H z n � N � O y H `d .p. ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on July 31, 2008, on the Respondent's o Motion to Continue, and the Board having heard considered the matter, and being duly advised n the m� premises, hereby GRANTS the said Motion to Continue. o�c 4 � ORDER OF THE BOARD C Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, x� and Collier County Ordinance No. 92 -80, it is hereby ORDERED: u, co o cc That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on c s- x o � August 22, 2008. Ri;spondent waives service. Z,q c� C Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) -1 H days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited , r to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AN 3 ORDERED this tp' day 2008 Collier County, Flori of �, at -la . CODE ENFORCEMENT BOARD COLLIER COUNT , FLORIDA OW BY: Q Richard 4a ng, Vice -Chair State 01 FLORIDA 2800 North Hbreeshoe Drive uOVIIX y Of COLLIER Naples, Florida 34104 I HEREBY CERTIFY Tff TT #FSJS a tMe and ,orrect copy of ; Minutes ecrt`ttt cast RED Board nutes aril 84 ca"TC3 06,, ott* ay G� )wq c E. BROGKC -CLERK OF COI * ** OR. 4385 PG: 0716 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this CP day of _, 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier County, Flori a, who is personally known to me or � /who has produced a Florida Driver's License as idertification. KA,)�- 4-�o_p K2,�,s, NOTARY PUBLIC KRIS11NE HOLTON My commission expires: A MY COMMISSION # DD 686595 �A`, Bonded PIRES: June 18, 201 i hrJ Nntary Publ c tlnderv✓riters CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Florida Metal Master, Inc. , Jill Palmer- Trapasso, R.A., 3609 Collage Club Lane, Naples, Florida 34105 and to Peter Flood, Esq., 125N. Airport Rd., Ste. 202, Naples, Fl 34104 this6tay of at VOC8. i� /7 1 d f M. Jean awson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 I o COLLIER COUNTY, FLORIDA Code Enforcement Hearing Code Enforcement HearingCEB CASE NO. 2007090640 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. FLORIDA METAL MASTER INC Respondent(s) AFFIDAVIT OF NON- COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared, Investigator Heinz Box Code Enforcement Official for the Code Enforcement Board of Collier County, who after being filly sworn, deposes and says: 1. That on 09/25/2008, the Code Enforcement Board held a hearing and issued an Order in the above - styled matter and stated that Defendant(s) was to abate all violations as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4398 PG 3846, et. seq. 2. That a re- inspection was performed on March 21, 2009 3. That the re- inspection(s) revealed that the corrective action ordered by the Code Enforcement Board has not been taken. FURTHER AFFIANT SAYETH NOT. March 21, 2009 COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD Code Enforcement Official Investigator Heinz Box _ STATE OF FLORIDA COUNTY OF COLLIER Sworn to (oriaffirmed) and subscribed before me this by Day of , 2009 NOT GARY PnUCSTATE OF FWRIDA (Sig t re of Notary Public) w Maria W. Hernandez Commission #DDS57656 &plm: FFB. 03, 2013 BONDED TaV ATLVMCYWING CO, INC. (Print /Type /Stamp Commissioned Name of Notary Public) Personally known _V/ I& Collier County Code Enforcement Board Re: Hearing scheduled for 04/23/09 Case # 2007090640, Florida Metal Masters Inc. Dear Sir or Madam, April 10,2009 Dismantling of the 65 ft. long airplane fuselage was such a major undertaking that the dumpster was inadvertently left in the unused driveway area. It was immediately removed as soon as code enforcement brought it to our attention. Please drop or significantly reduce the fine accumulated due to this minor oversight. Sincerely, Michael Trapasso, es. TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Washington Mutual Bank, Respondent Shapiro & Fishman, LLP., Registered Agent DEPT No. 2007050259 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3 -6 Affidavit(s) 7 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs _Washington Mutual Bank, Respondent(s) Shapiro & Fishman LLP., Registered Agent NOTICE OF HEARING IMPOSITION OF FINES Case: 2007050259 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement of property without valid Collier County Building permit LOCATION OF VIOLATION: 6061 Painted Leaf LN Naples, FL SERVED: ANKNEY, ROBERT & JEANIE, 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 -880: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMM] SSIONERS'OFFICE NOTIFICACION: Este audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles an Is audiencia y usted sera responsible de proveer so propio traductor, para on mejor entendimiento con ]as comunicaciones de este evento. Por favor traiga su propio traductor. A. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007050259 Board of County Commissioners vs. Washington Mutual Bank, Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 10.02.6(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Collier County Code of Laws and Ordinances, Section 22, Article II, Section 106.1.2 and the Florida Building Code 2004, Section 105.1 Location: 6061 Painted Leaf Lane, Naples, FL Folio # 38163440003 Description: Improvement of property without valid Collier County Building permit Past Order(s): On July 31, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4385 PG 0719, for more information. The Respondent has complied with the CEB Orders as of February 24, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $14,889.75 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $100.00 per day for the period between September 30, 2008- February 24, 2009 (148 days) for the total of $14,800.00. Order Item # 6 Operational Costs of $89.75 have not been paid. `t170007 VAS I0QJ ru, vIIJ RECORDED in OFFICIAL RECORDS of 08/11/2008 at 08:53AM DWIGHT E, Retn:INTER OFFICE CODE ENFORCEMENT JEN WALDRON 252 2444 COLLIER COUNTY, FL BROOK, CLERK REC FEE 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROBERT AND JEANIE ANKNEY, Respondents CEB NO. 2007050259 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on July 31, 2008, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: That Robert and Jeanie Ankney are the owners of the subject property. 2. That the Code Enforcement Board has jurisdiction of the person of the Respondents and that the Respondents, having been duly notified, appeared at the public hearing. That the Respondents were notified of the date of hearing by certified mail and by posting. 4. That the real property located at 6061 Painted Leaf Lane, Naples, Florida, Folio 38163440003, more particularly described as the East 150 feet of Tract 41, GOLDEN GATE ESTATES, Unit No. 30, according to the Plat thereof, of record in Plat Book 7, Page 58, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 10.02.6(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Collier County Code of Laws and Ordinances, Section 22, Article II, Section 106.1.2 and Florida Building Code 2004, Section 1051 in the following particulars: Improvement of property without valid Collier County Building permit. 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 10.02.6(B)(1)(a) and 10.02.06(B)(1)(e)(i) and the Collier County Code of Laws and Ordinances, Section 22, Article II, Section 106.1.2 and Florida Building Code 2004, Section 105.1 be corrected in the following manner: 1. By obtaining permits, inspections, and certificate of completion or certificate of occupancy for all addition /improvements to property within 60 days (September 29, 2008). 2. In the alternative, by obtaining a Collier County demolition permit and removing all improvements /additions within 60 days (September 29, 2008). NAP „•••• UrU i3VJ fj: u1 G u AAA 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by September 29, 2008, then there will be a fine of $100 per day for each day until the violation is abated. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by September 29, 2008, there will be a fine of $100 per day for each day until the violation is abated. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform 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 $89.75 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 (. day of ;t,l Y _, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: N 1L Richard Krapfi4ing, Vice -Chair 2800 North Udfseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this day of , 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier Courfty, Florida, who is personally known to me or (/who has produced a Florida Driver's License as identification. MY COMMSSSION� DD 666595 9A %l/J EXPIRES: June 18, 2011 NOTARY PUBLIC aF „t~ Bonded Thru Natwry Pubib undanvriters My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert and Jeanie Ankney, 6061 Painted Leaf Lane, Naples, FL 34116 this U 4-4—day of �J , 2008. state 01 FLORIDA ;oLfaw of C0LL1ER,`_` i H ER EBY GER' -1 FTIT I 'ft is 4 tojA glad ; orrect copy of a ddiuf1 T< Ci'f f* $ff Board Minutes an& tor& of' Collier C.OU AM, Af�ESS`� cla a{^4t clay or 624 V cmE�F3K� E �E irS ,� = DIA. M. ,aWson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 lv� 4 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ROBERT AND JEANIE ANKNEY, Respondents CEB NO. 2007050259 ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on April 24, 2008, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby GRANTS the said Motion to Continue. ORDER OF THE BOARD Based upon the foregoing, and pursuant to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 92 -80, it is hereby ORDERED: That the Respondents' Motion for Continuance is GRANTED. This matter will be heard on July 31, 2008. 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 Z. day ofC2L_AA1, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER OUNTY, FLORIDA ; ounty of COLLIER - Richar raenbring , Vice -Chair I HEREBY C €RTE7-r' THAT this Is a true as 2800 N j Horseshoe Drive .orrect Copy Gt a G^cumeftt onjille tit Naples, Florida 34104 Board Minutes and F *cores of C:s IIgC Count{ "(day of . Q 4161049 OR: 4356 PG: 1837 _ 71PdiGHT E. BRC}CN, CLERK CF COURTS RECORDED iD OFFICIAL RECORDS of COLLIER COUNTY, FL 05/05J2008 at 10:43AM DWIGHT B. BROCR, CLERK RIC FBI 18.50 .ix RetD:INTER OFFICE CODE ENFORCEMENT BENDISA MARRU 252 5892 s * ** OR; 4356 PG; 1838 * ** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this20day of 6_" , 2008, by Richard Kraenbring, Vice -Chair of the Code Enforcement Board of Collier County, F rida, who is personally known to me or who has produced a Florida Driver's License as identification. I RISIINE H�OLTON� MY COW:PRSION # DD 686595 NOTARY PUBLIC ,;- EXPIRE:Jw: 18, 2011 My commission expires: n?7 Bonded Thru Notary PAN", Undm-lers CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Robert and Jeanie Ankney, 6061 Painted Leaf Lane, Naples, FL 34115 this 22!t'day of2008. M. Jean tAson, Esq. Florida Bar No. 750311 Attorney for the. Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 67%, WATSON TITLE INSURANCE, INC. 1901 West Cypress Creek Road Fort Lauderdale, Florida 33309 Telephone (954) 771 -5522 EXT. 751 Fax: 954- 928 -1563 Lizardo.coronadona marshallwatson com RE: Case# CEB 2007050259 / Folio # 3816344003 Property Address: 6061 Painted Leaf Lane, Naples, FL 34116 To Whom It May Concern: Violations were prior to current owner taking title, and all violations have been brought into compliance. The property was obtained via CT by the way of foreclosure on 9/16/08 by the current owner. According to the Collier County Code Enforcement the violations were 148 days out of compliance and have been set for a lien hearing. We would like to request a settlement of this matter for cost incurred by the city, not to exceed city cost. The current owner has an active contract that is set to close as soon as this matter is resolved. Thank You Watson Title Insura tartrr, Inc. Code Enforcement TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Frank Paz, Respondent DEPT No. 2004031470 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) I Executive Summary 2 Past Orders of the Board 3 -4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. FRANK PAZ, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: 2006081159 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07 -44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: VEGETATION REMOVAL, PROTECTION AND PERSERVATION STANDARD LOCATION OF VIOLATION: 2864 10th AVE SE Naples, FL SERVED: FRANK PAZ, Respondent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07 -44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252 -2444 Telephone (239) 252 -3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774 -8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS - OFFICE NOTIFICACION: Este audiencia sera conducida en el idi0ma Ingles. Servicios the traduccion no seran disponibles en Is audiencia y usted sera responsable de prower su propio tmductor, pare un mejor entendimiento con las - �L COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006081159 Board of County Commissioners vs. Frank Paz, Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 3.05.01(b) Location: 2864 10th Avenue SE, Naples, FL Folio # 4098650006 Description: Property has been cleared in excess of one acre without required permits. 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 1775, for more information. The Respondent has not complied with the CEB Orders as of April 23, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $8,486.43. See below. Order Item # 1 and Order Item # 3 Fines at a rate of $100.00 per day for the period between January 30, 2009- April 23, 2009 (84 days) for the total of $8,400.00. Fines continue to accrue. Order Item # 6 Operational Costs of $86.43 have not been paid. a Reta: 4231970 OR: 4407 PG: 1775 COLLIER COUNTY CODE 1NFRCKNT RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL INTBROFFICI 11/13/1008 at 03 :34FK DWIGHT 1. FROCK, CLERK ATTN: JBN WALDRON CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUN'T'Y COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. FRANK PAZ Respondent CEB NO. 2006081159 BBC FBI FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing re�t� 2008, and the Board, having heard testimony under oath, received evidence respective to a to matters, thereupon issues its Findings of Fact, Conclusions of Law n er of the Board, as follo 1. That Frank Paz is the own r of 2. That the Code Enforceme t B Respondent, having been duly no ' ied, 3. That the Respondent w no 4. That the real property to described as The West 150 feet of i thereof recorded in Plat Book 5, pa County Ordinance 04-41, the Land D particulars: GOLDEN GATE blic Records of C anent Code, as am N Property has been cleared in excess ORDER OF THE BOARD permits. and that the and by posting. 4098650006, more particularly o. 82, according to the plat a is in violation of Collier i 1(B) in the following 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 3.05.01(b) be corrected as follows: 1. By preparing a mitigation plan which meets the criteria as stated in 04-41, as amended, Section 10.02.06E.3. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in Section 10.02.02.A.3. By establishing a monitoring program (10.02.06 E.3.e.i) that would determine the 80% survivability of species of the plants used in the mitigation effort over a two year period with replacement required to maintain the 80% minimum annually. A minimum of two reports will be submitted by Respondents. Reports will due at one year intervals. The mitigation plan must be submitted within 90 days (January 29, 2009). 2. By installing all plant materials in accordance with the mitigation plan within 180 days of acceptance of the mitigation plan. 18,50 3 * ** OR: 4407 PG: 1776 * ** 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by January 29, 2009, then there will be a fine of $100 per day for each day until the mitigation plan is submitted. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 180 days of acceptance of the mitigation plan, there will be a fine of $100 per day for each day until the plant material is installed. 5. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 6. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.43within 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. y� DONE AND ORDERED this & day of ti O\ . , 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument] 2008, by Gerald Lefebvre, Chair of personally known to me or WATWHOLTM ' W COMANMM t DD 8868:1 EXPIRES: Jtm 18.2011 E*,wT=MauryRticUrd w. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Q� Gerald Le e 2800 North ffo Naples, londa this ode Enforcement Boar f Col ii '`who has produced a F ti W My CERTIFICATE OF SERVICE ;hbf Drive 104 C Florida, who is vnse as identification. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Frank Paz, 2864 10'h Avenue S.E, Naples, F134117 this - day of \: . , 2008. M. Je wson, Esq. Florida Bar No. 750311 3U1e 01 f WAWA � Attorney for the Code Enforcement Board umv Of COWEA 400 Fifth Avenue S., Ste. 300 $. t. ;y Naples, Florida 34102 1 "=EBY %` ; ` A (239) 263 -8206 co aft In C�''!FY" THAT d � trua siW 60Wd altttd ,R t1er Counb 6 "41 tWEW *W ohr n na and ctrl $"I this TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Melkys Borrego, Respondent DEPT No. 2007080008 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3 -4 Affidavit(s) 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. MELKYS BORREGO, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES Case: 2007080008 PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Building Permit LDC10.02.06(B)(1)(a) LOCATION OF VIOLATION: 2414 58th AVE NE Naples, FL SERVED: MELKYS BORREGO, 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 NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsible de proveer su propio traductor, pare un mejor entendimiento con ]as comunicacionasc de este evento. Por favor traiga su propio traducior. 2 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007080008 Board of County Commissioners vs. Melkys Borrego, Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinance Section 22, Article II, sub - section 104.1.3.5 and 106.1.2; and the Florida Building Code 2004 Edition, sections 105.1 and 111.1 Location: 241458 th Avenue N.E., Naples, FL Folio # 38840840007 Description: Garage enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room and bedrooms Past Order(s): On April 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 4356 PG 1845 for more information. The Respondent has not complied with the CEB Orders as of April 23, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $61,399.19. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $250.00 per day for the period between August 23, 2008- April 23, 2009 (244 days) for the total of $61,000.00. Fines continue to accrue. Order Item # 4 Operational Costs of $399.19 have not been paid. IN Retn:' INTER oppro 4161051 OR: 4356 PG: 1845 uc nE CODE Baotou" RECORDED in the Oman EECORDs of COLLIER coum, n Bmin 11M 252 5812 05/05/2008 at 30 :1311!1 D110 B. BROCt, CLERK CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, VS. MELKYS BORREGO, Respondent THIS CAUSE came on for public testimony under oath, received ev Findings of Fact, Conclusions of 1 I . That Melkys Borrego is 2. That the Code Enforc Respondent, having been duly That the Respondent was Board on Ap'!r respective to all of the date of CEB NO. 2007080008 and the Board, having heard Z matters, thereupon issues its and that the and by posting. 4. That the real property located r 8`� Avenue N.E., Na 1 olio 38840840007, more particularly described as the West 105 fee t 180 feet a , GOLDEN GATE ESTATES, Unit No. 42, according to the Plat thereof, as recorde P the Public Records of Collier County, Florida is in violation of Collier County Ordinance Development Code, as amended, sections 1.02.06(B)(1)(a), 10.02.06(B)(I)(e) and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinance Section 22, Article II, sub - section .104.1.3.5 and 106.1.2; and the Florida Building Code 2004 Edition, sections 105.1 and 111.1 in the following particulars: Garage enclosure with no permits, converted into living space with full size bathroom, kitchen, living room, laundry room, and bedrooms. 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. 0441, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i); Collier County Code of Laws and Ordinance Section 22, Article 11, sub - section 104.1.3.5 and 106.1.2; and the Florida Building Code 2004 Edition, sections 105.1 and 1 11. 1 be corrected in the following manner: 18.50 * ** OR: 4356 PG: 1846 * ** 1. By obtaining, if obtainable, a Collier County Building Permit, or Demolition Permit, for the garage enclosure and alterations, requesting all inspections and obtaining a certificate of occupancy within 120 days (August 22, 2008). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by August 22, 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 perform the site inspection. 4. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $399.19 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 Z9 4 day ofaQ 2008 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument) 2008 by Richard Kraenbring, Via ✓ personally known to me or 1�5iM� HDL1tON Icy Commoo i DD 6M EXPIRES: Jule 18, 2011 eo�e Tlru Nolry Pubic u�.Mw• CODE ENFORCEMENT BOARD COLLIER COUNW, FLORIDA Richard �O 2800 N this r of the Code Enforce � who has produced a \o . A - My CERTIFICATE OF SERVICE Vice -Chair ,h Drive 104 CJ >unty, Florida, who is as identification. 1 HEREBY CERTIFY that a true and convect copy of this has been sent by U. S. Mail to Melkys Borrego, 19906 N.W. 67's Court, Hialeah, Florida 33015 this 70 day of , 2008. bY11q df M. Jean Rawson, Esq. Florida Bar No. 750311 1 HEREBY CERTI''P ?HAT the Attorney for the Code Enforcement Board of a as , ail iits rn ;ormct COPY Comb 400 Fifth Avenue S., Ste. 300 Board Minutes " - Naples, Florida 34102 SS mY h "tt - ...al �hls (239) 263 -8206 day 0 w a. ` " .IWIGS E. Br, I) W TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Baby Boy Gallegos, Respondent DEPT No. CEPM20080016779 Request for Imposition of Fines ITEM PAGE(S) Notice of Hearing (Imposition of Fines) 1 Executive Summary 2 Past Orders of the Board 3 -4 Affidavit(s) 5 -6 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, Case: CEPM20080016779 COLLIER COUNTY, FLORIDA, Plaintiff, vs. BABY BOY GALLEGOS, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naplt -s, FL 34112 VIOLATION: Designation and Elimination /Hazardous Buildings.22 -236 LOCATION OF VIOLATION: 2401 Eden AVE Immokalee, FL SERVED: BABY BOY GALLEGOS, Respondent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 Is audiencia y usted sera responsable de proveer so propio traductor, pare on mejor entendimiento con las cornmicaciones de este evento. Por favor traiga su propio traductor. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CEPM20080016779 Board of County Commissioners vs. Baby Boy Gallegos, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, 2004 -58, Section 12 Location: 2401 Eden Avenue Immokalee, FL Folio # 30731920005 Description: A derelict home declared to be a hazardous and dangerous building through property inspection by a certified official. Past Order(s): On February 26, 2009 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4434 PG 1371, for more information. The Respondent has complied with the CEB Orders as of April 1, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $9,587.57. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $500.00 per day for the period between March 14, 2009- April 1, 2009 (19 days) for the total of $9,500.00. Order Item # 5 Operational Costs of $87.57 have not been paid. . ^J CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA cm. bd � o � a BOARD OF COUNTY COMMISSIONERS, m - ° 4 COLLIER COUNTY, FLORIDA, OF LAW BOARD r as Petitioner, CEB NO. CEPM20080016779 0 THIS CAUSE came on for public heari a Board on Feb 009, and the Board, having heard rn VS. y O BABY BOY GALLEGOS, a/k /a ISRAEL GALLEGOS, Respondent � cm. bd � o � a N ty FINDINGS OF FACT CONCLUSIONS OF LAW BOARD THIS CAUSE came on for public heari a Board on Feb 009, and the Board, having heard rn testimony under oath, received evide e, eard respective to all ap pria matters, thereupon issues its y O Findings of Fact, Conclusions of La , an Oyder f- Board, a follows. 1le�t 1. That Baby Boy Gallegos, I a is bje t property. b. 4 • 2. That the Code En forcem nt ar ha u di ti o pe n ft g R spondent and that the w Respondent, having been duly not eee t blic g. . 3. That the Respondent was of the date of hearin a ifi and by posting. bg 4. That the real property locate t 2 Eden Avenue, Immok , Folio 30731920005, more ♦�, particularly described as The West one- h Block First Addition, as per plat thereof, C, recorded in Plat Book 5, Page 3, Public Reco efSq ida is in violation of Collier County Code of Laws and Ordinances, 2004 -58, Section 12 in t rticulars: A derelict home declared to be a hazardous and dangerous building through property inspection by a bdd certified official. 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 Code of Laws and Ordinances, 2004 -58, Section 12 be corrected in the following manner: 1. By obtaining a demolition permit and removing the derelict home with all inspections through Certificate of Completion within 15 days (March 13, 2009). All construction waste must be moved to an appropriate site for such disposal. 2. That if the Respondent does not comply with paragraph I of the Order of the Board by March 13, 2009, then there will be a fine of $500 per day for each day until such time as the home has been removed and all refuse moved to a site suitable for such disposal. -13 * ** OR: 4434 PG: 1372 * ** 3. That if the Respondent does not comply with paragraph 1 of the Order of the Board by March 13, 2009, Collier County Code Enforcement may hire a licensed contractor to obtain compliance with the assistance of the Collier County Sheriffs Office to enforce the Order of the Board. All costs of such abatement will be assessed and become a lien against said property. 4. 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. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of 587.57 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 re% iew of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this �V'l day of lylt,,, 2009 at Collier County, Florida. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrumei 2009, by Gerald Lefebvre, Chair personally known to me rye•; IMTMMOI.Tt)1V �.. My COMt 11SS11 t DD 686595 e EXPIRES: June 18, 2011 La ns and: Th.uNamyPu- undM*YM CODE ENFORCEMENT COLLIER COUNTY, FU, Q� 2800 N. G Naples, mis of 1 who has produced a CERTIFICATE OF SERVICE Florida, who is ense as identification. I FIFREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Baby Boy Gallegos, 1318 Pear Street, Immokalee, FL 34142 this Lt't- day of C) IoAe, v-i , 2009. L&-t4 M. JeanAdiwson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board ataTt Ot f �.QhtUh 400 Fifth Avenue S., Ste. 300 'oura of COU Naples, Florida 34102 (239) 263 -8206 HEREBY c ar TM T ** Is • bai00 Arrest COW4t a: c�xt<tmeM off ft to ioard Minuxe3 ah& Pi-Cora of EbANrCON1w HIT st�l rt no er' I tl11i y 4F eta E. Bt K)OF OOUMS Z TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Horse Creek Partners, LTD, Respondent Alan Schiffinan, Registered Agents CEB No. 2007 -122 DEPT No. 2005090022 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) PAG 2 3 -4 5 IOF Table of Contents 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs Case: 2005090022 HORSE CREEK PARTNERS LTD, Respondent(s) Alan Schiffman, 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: 04/23/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Non - conforming sign erected prior to 1991 and exists beyond the amortization schedule regarding conformity to current code and not properly maintained according to code LOCATION OF VIOLATION: 102 Palm River BLVD Naples, FL SERVED: Horse Creek Partners LTD, Respondent Alan Schiffman, Registered Agent Kitchell Snow, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE - HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and /or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-122 CASE NO. 2005090022 Board of County Commissioners vs. Horse Creek Partners LTD, Respondent(s) Violation(s): Collier County Ordinance 04 -41, the Land Development Code, as amended, Sections 9.03.03(D)(1)(d), 9.03.03(D)(2a +b), 9.03.03(D)(5), 10.02.06(B)(2)(a) and 10.02.06(B)(2)(d)(ix) Location: 102 Palm River Blvd, Naples, FL Folio # 65220000100 Description: Non - conforming sign erected prior to 1991 and exists beyond the amortization schedule regarding conformity to current code and not properly maintained according to code Past Order(s): On November 29, 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 4309 PG 1347, for more information. The Respondent has not complied with the CEB Orders as of April 23, 2009. RECOMMENDATIONS) Issue an Order Imposing Lien in the amount of $21,600.00 See below. Order Item # 1 and Order Item # 2 Fines at a rate of $150.00 per day for the period between December 1, 2008-April 23, 2009 (144 days) for the total of $21,600.00. Fines continue to accrue. Order Item #4 Operational Costs of $536.32 have been paid. X CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA Z O fD .3 H d s--F BOARD OF COUNTY COMMISSIONERS, t= COLLIER COUNTY, FLORIDA, d H bd A Petitioner, CEB NO. 2007 -122 Cn bV z VS. y C HORSE CREEK PARTNERS, LTD. ALAN T. SCHIFFMAN, REG. AGENT, SEASONAL INVESTMENTS, INC. (BUSINESS) C.T. CORPORATION SYSTEM (STEVEN MORWITZ), REG. AGENT H� Respondents N C7 d N b p� O y-r o r- w c-r C7 FINDINGS OF FACT. CONCLUSIONS > rn OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on November 29, 2007, and the Board, having heard � testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its x �. Findings of Fact, Conclusions of Law, and Order of the Board, as follows: d C>, 0 FINDINGS OF FACT o 7e o .-d 1. That HORSE CREEK PARTNERS, LTD. is the owner of the subject property. r G� 2. That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the x w Respondent, having been duly notified, appeared at the public hearing, in person and by Tim Hancock. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 102 Palm River Blvd., Naples, Florida, Folio 65220000100, more particularly described as (see attached legal) of the Public Records of Collier County, Florida is in violation of Collier County Ordinance County Ordinance 04 -41, the Land Development Code, as amended, sections 9.03.03(D)(1)(d), 9.03.03(D)(2a +b), 9.03.03(13)(5), 10.02.06(B)(2)(a) and 10.02.06(B)(2)(d)(ix) in the following particulars: a. Non - conforming sign erected prior to 1991 and exists beyond the amortization schedule regarding conformity to current code and not properly maintained according to code. 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: 1�13 That the violations of Collier County Ordinance 04 -41, the Land Development Code, as amended, sections 9.03.03(D)(1)(d), 9.03.03(D)(2a +b), 9.03.03(D)(5), 10.02.06(B)(2)(a) and 10.02.06(13)(2)(d)(ix) be corrected in the following manner: 2008) 1. By removing the non - conforming sign from the subject location within 365 days (November 30, 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 365 days (November 30, 2008), then there will be a fine of $150 per day for each day until the sign is removed. 3. 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. 4. That the Respondent is not ordered to pay any operational costs incurred in the prosecution of this Case. 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 5 day of , 2007 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this rJ day of 2007, by Sheri Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known tome or ✓who has produced a Florida Driver's License as identification. •� =- KRISTINE HOLTON MY COMMISSION # DD 686595 • <€ EXPIRES: June 18, 2011 8w4ed Thor Notary Pu* Underwrllers Stata o1 FLORWA ; ounty of COLLIER NOTARY PUBLIC My commission expires: i HEREBY CERTIFYIH4�T this Ig a tme No correct copy; & -4.600. pert ah,file to Board hli�i tes Cou* WITNESS .My h ndl-and 16141 seat this .., Iff 4�Ft E.`�B�t�C� Gt,E�� C3F CCiRlR'� a 0 a2 CA.> CSC? 4 COUNTY EXHIBIT A TABLE OF CONTENTS MOTION TO DISMISS Board of County Commissioners of Collier County, Florida VS. Alfredo Martinez, Respondent DEPT No. 2007 -47 ITEM PAGE(S) Copy of Applicable Orders 1 -3 4040256 OR; 4251 PG; 0935 RECORDED in OFFICIAL RECORDS of COLLIER CODlt1, FL 06/29/2001 at 08 :47AK DNIGHT E, BROCI, CLERI SEC FEE 21.00 Reta: CODE ENFORCEMENT BOARD CODE ENFORCEMENT COLLIER COUNTY, FLORIDA 2800 1 101318HOI DR NAFLBS FL 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALFREDO MARTINEZ, Respondent CEB NO. 200747 FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearin h June 18, 2007, and the Board, having heard testimony under oath, received evidence, and r iate matters, thereupon issues its Findings of Fact, Conclusions of Law, an the Board, as fo it . That Alfredo Martinez is 2. That the Code Enforcemen Bo d s j =Xicl s o the es ondent and that the Respondent. having been duly notifi i he � , That the Respondent was notrll"t Af the date of hearing b rtijed jnd by personal service. 4. That the real property located a 9 s1 Avenue N.E., Naple , cM 34120, Folio 40234600003, more particularly described as The East 180 feet GOLDE ATES UNIT No. 69, according to the Plat thereof recorded in Plat Book 7, Page 65 o ier County, Florida is in violation of Collier County Ordinance County Ordinance 04 -41, opment Code, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1 )(d), and 10.02.06(6 )(1)(d)(i) in the following particulars: Two non permitted structures on property. 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 10.02.06(B)(1)(a). 10.02.06(B)(1)(d) and 10.02.06(B)(1)(d)(i) be corrected in the following manner: 1. By submitting complete applications for all Collier County Building Permits within 14 days (July 2.2007) and by pursuing the process with due diligence until the permits are obtained. 2. Upon receipt of permits, by requesting all inspections and obtaining a certificate of completion within 60 daN s of receipt of permits. 3. In the alternative, by obtaining a Collier County demolition permit within 14 days (July 2, 2007). OR: 4251 PG: 0936 4. By requesting all required inspections and by obtaining a certificate of completion within 7 days of the day the permit is obtained. 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 14 days (July 2, 2007), then there will be a fine of $100 per day for each day until the application is submitted. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days of receipt of permits, then there will be a fine of $200 per day for each day until the violation is abated. 7. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board within 14 days (July 2, 2007)1, then there will be a fine of S 100 per day for each day until the permit is obtained. 8. That if the Respondent does not comply with paragraph 4 of the Order of the Board within 7 days of obtaining the permit, then there will be a fine of $200 per day for each day until the Certificate of Completion is issued. 9. 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. 10. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $243.66. Any aggrieved party may appeal a final order of tmhg Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal s novo, but shall be limited to appellate review of the record created within. Filing ��d's Order. DONE AND ORDERED this .Q ay of 2007 a Oolli County, Florida. O EN CEME T B ARD L O A B ett 2800 N Hor esh ve Naples, a 4 STATE OF FLORIDA ) SS: COUNTY OF COLLIER) The foregoing instrument was acknowledg day offl'e -- , 2007, by Sheri Barnett, Chair of the Cod Enforcement Board of Collier County, Florida, who is personally known to me or _7 who has produced a Florida Driver's License as identification. NOTARY PUBLIC WOW HOCTON I my C�AWs" 01 686555 My commission expires: :r. I DES: ,km 18,20 + NarYF+btcuneeiwMer� to .. ..aTe of F LURIUA :ounry of COLLIER I HEREBY CERTIFY THAT this is s true &W correct copy oi,givaUur►it ni on file IR Board hlipu ilk. w N = a• of Collier s V1, foal th {s Ho gyp E.: owl T $ROG tR �F COURTS D.0, * ** OR: 4231 PG: 0937 * ** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of ORDE has been sent by U. S. Mail to Alfredo Martinez, 2595 31" Avenue N.E., Naples, FL 34120 this t4dhy of 2007. Z—oti _ rc&"r'�� M. JeaqXawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 r� cm S 0 COUNTY EXHIBIT A TABLE OF CONTENTS MOTION TO DISMISS Board of County Commissioners of Collier County, Florida VS. Alfredo Martinez, Respondent DEPT No. 2007 -48 ITEM PAGE(S) Copy of Applicable Orders 1 -3 4040251 OR: 4251 PG: 0938 RICORDED is 011ICIAL RECORDS of COLLIER CODITI, 1L 06/29/2007 at 08:47AK DVIGIIT E, BROCK, CLERK Rota: RIC 111 27.00 CODE ENFORCEMENT BOARD CODB BI10RC11111T COLLIER COUNTY, FLORIDA 2800 I BOR3E8901 DR IAPLIS 1L 34104 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, vs. ALFREDO MARTINEZ, Respondent CEB NO. 200748 FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public heari rRthrB June 18, 2007, and the Board, having heard testimony under oath, received evidence, an r'bj a iate matters, thereupon issues its Findings of Fact, Conclusions of Law, an the Board, as fo That Alfredo Martinez is 2. That the Code Enforceme Respondent, having been duly noti That the Respondent was no� t��qf the date of hearing 4. That the real property located a 9 "Avenue N.E., N particularly described as The East 180 feet GOLDE Plat thereof recorded in Plat Book 7, Page 65 st Collier County Ordinance County Ordinance 04-41, 10.02.06(B)(1)(d)(i) in the following particulars: Expired permits without the final certificate of completion. ORDER OF THE BOARD and that the by personal service. l a 34120, Folio 40234600003, more ATE$ UNIT No. 69, according to the ier County, Florida is in violation of t Code, as amended, section 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 10.02.06(B)(1)(d)(i) be corrected in the following manner: 1. By re- applying for all expired permits within 14 days (July 2, 2007) and pursuing the application process with due diligence until the permits are obtained. 2 Upon receipt of permits, by requesting inspections and obtaining certification of completion within 30 da%s of receipt of permits. OR: 4251 PG: 0939 3. That if the Respondent does not comply with paragraph I of the Order of the Board within 14 days (July 2, 2007), then there will be a fine of $100 per day for each day until the applications are submitted. 4. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 30 days of receipt of permits, then there will be a fine of $200 per day for each day until the permits are obtained. 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 ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $235.51. 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. Florida. DONE AND ORDERED this � ; ! day of ' 2007 at Collier County, /--,o-- STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER) The foregoing instrument i 2007, by Sheri Barnett, Chair of the personally known to me or I :1 ItAISW HOLIM W 00W8 ION f W 89t W EXPIRES: ,hare 18, 201 t eawe Ito ►a■r Pd* UndK s CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA 2800 Napl Nort l Drive Naples, Florida I Ge rt►e Sri ollie JV�rida, who is has produced a FI Dr ver' se as identification. :ate of `tWIUA .'ounry of COLLIER I HEREBY CEPTI ' , �f correct copy .o0 asp 'RI Board Min.' "d t?ca�j W1 SS ay: a true and * to Illler Counb ial this OWIG E. B ERK Of COURTS Z . , * ** OR; 4251 PG; 0940 * ** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of t i ORDE as been sent by U.S. Mail to Alfredo Martinez, 2595 31 Avenue N.E., Naples, FL 34120 this da of 2007. M. J an wson, Esq. Florida ar No. 75031 l Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263 -8206 y ', � x ;r� ,�� + s .add' _ ..-.4-4.....„.:i!:,..,-.7.- Jk . i us ��X ., " •, �. ,. a, , a rl * r . J L. Y {� le�k .�.""°! lk 4 -otiortiet Th° 1� •.1 ., s•.2_>{ 'Y5` '` " 't's ii - 'r y i; '!" r t ',�' �• „ a d''''' �— _ 4 „ 0,+ -r �` 1� y �`' .,,,fir t at Q-' "_ :.:. � `p .1';. 1. :^• �� t�k �1a � jj. s §rr - t ..,,,,,j,,'‘,,j;•' R ' afi .� ``•. - `tea " "a�Ia ' . T,.. 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