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CEB Backup 05/28/2009 CODE ENFORCEMENT BOARD OF COLLIER COUNTY. FLORIDA AGENDA Date: May 28, 2009, at 9:00 a.m. Location: Collier County Government Center, Third Floor, 3301 East Tamiami Trail, Building F, Naples, FI 34112. NOTICE: THE RESPONDENT MAY BE LIMITIED TO TWENTY (20) MINUTES FOR CASE PRESENTATION UNLESS ADDITIONAL TIME IS GRANTED BY THE BOARD. PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. ALL PARTIES PARTICIPATING IN THE PUBLIC HEARING ARE ASKED TO OBSERVE ROBERTS RULES OF ODER AND SPEAK ONE AT A TIME SO THAT THE COURT REPORTER CAN RECORD ALL STATEMENTS BEING MADE. ANY PERSON WlIO DECIDES TO APPEAL A DECISION OF mIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WillCH RECORD INCLUDES mE TESTIMONY AND EVIDENCE UPON WIDCH THE APPEAL IS TO BE BASED. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSmLE FOR PROVIDING TillS RECORD. 1. ROLL CALL 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES- A. April 23, 2009 Hearing 4. PUBLIC HEARINGSIMOTIONS A. MOTIONS Motion to Dismiss 1. Milano Recreation Association, Inc. CEB NO. CESD200800 1 0230 B. STIPULATIONS ~. HEARINGS ~ 1. BCC VS. Sandra E. Freedman ~ 2. BCC vs. Theodore W. & Karen L. Wasserman ""V 3. BCC vs. Scott A. Lamp ~4. BCC vs. Alberto E. Franco & Juana Leon "5. BCC vs. Southern Development Co. Inc. 6. BCC vs. Dawn & Linzel T. Jeffrey CEB NO. CEPM20080003744 CEB NO. CESD20080001776 CEB NO. 2007110819 CEB NO. CESD20080012107 CEB NO. CEVR20080014785 CEB NO. CESD20090003484 5. OLD BUSINESS A. Motion for Imposition of Fines /Liens ~l. ~2. ~~: 6. 7. "'\ 8 . '\'9. BCC vs. Affordable Whistler's Cove Ltd. BCC vs. Linnette Barrett BCC vs. Ibran A. Turcios BCC vs. Deutsche Bank Trust Co. BCC vs. James P. & Laura S. Guerrero BCC vs. Reinhard Marton BCC vs. Bart & Sandi Chernoff BCC vs. Genel Bricius & Dieumila Faugue BCC vs. Steve Loveless CEB NO. 2007060558 CEB NO. CEPM20080015499 CEB NO. CESD20080011952 CEB NO. 2007080008 CEB NO. CESD20080008804 CEB NO. CESD20080010163 CEB NO. 2006030500 CEB NO. CEPM20080004430 CEB NO. 2005091054 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. Tereso Bautista & Emiliama Lopez Vasquez 2. Juan Hernandez & Adrianna Garcia 3. William & Laura Mara 4. Jean Claude Martel CEB NO. 2006100651 CEB NO. 2006081209 CEB NO. CESD20080004753 CEB NO. 2007080353 8. REPORTS A. Rules and Regulation Workshop 9. COMMENTS 10. NEXT MEETING DATE - June 25, 2009 11. ADJOURN ITEM COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Sandra E. Freedman, Respondent DEPT No. CEPM20080003744 PAGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-14 15-19 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20080003744 vs. Sandra E Freedman, 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Prop Maint. Code Sec. 22-231 (12)(b),(12)(m), (12)(n), (19) and Sec. 22-243 LOCATION OF VIOLATION: 416 Pine AVE Naples, FL SERVED: Sandra E Freedman, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS Am ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTiTlED. AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. AveUsman _ Tout odisyon yo fet an angle, Nou pan gin moun pou fe tradlksyon, SI ou pa pale angle tanpri vin; avek yon intepre! pou pale pou-ou. 1- COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY . BOARD OF COUNTY COMMISSIONERS, Petitioner Vs DEPARTMENT CASE # CEPM20080003744 SANDRA E. FREEDMAN, 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 Office of Special Magistrate, for the following reasons: 1. Violation ofOrdinance(s) Collier County Code of Laws and Ordinances Chapter 22 Building and Building Regulations, Article VI Property Maintenance Code. Section 22-231(12)(b) ,(12)(m) , (12)(n) , (19) and, Section 22-243 2. Description of Violation: Dwelling and boat dock in deteriorating condition and poorly maintained creating an eyesore and potential health/safety hazard. 3. Location/address where violation exists: 416 Pine Ave. Naples,Fl. 34108-23454 27582200000 Folio# 4. Name and address of owner/person in charge of violation location: Sandra E. Freedman 416 Pine Ave. Naples, Fl 34109-2345 5. Date violation first observed: 3/19/08 6. Date owner/person in charge given Notice of Violation: 10/21/08 7. Date onlby which violation to be corrected: 11/21/08 8. Date ofre-inspection: 1/8/09 9. Results ofRe-inspection: Violation remains. No repairs made, no permit(s) applied for. 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 ublic hearing. ',II Dated this 8th day of January, 2009 r STATE OF FLORIDA COUNTY OF COLLIER January ,2009by (PrintIType/Stamp Commissioned Name of Notary Public) NOTARY PUBUC.ST~TE OF ~RIDA ............. Indira RaJah (W 1 cormission, # ED727241 .....l El. - xe5: DE'~. 07,2011 ,#"..", . , . N~ co me. llONDEDTRi,\J n.,iJ>;.Tl;; ,;GNIi" "', ., c;} REV 3-3-05 ..... M ... .. .._ -------~--------- ..~-_.. . .-.. .--- ..- -. -.--......."..-. '.--". '- --- -'-'-'- -.---..''- .~-......... . .. ... ~. ..--..--..... .-~.-.--------~ ---.....--. ...--...-..----,...,---.'---. ---..-...-------..---.-- .... Case Number: CEPM200B0003744 Date: October 21, 2008 Investigator: RONALD MARTINDALE Phone: 239-252-2445 COLLIER COUNTY CODE ENFORCE MEN. NOTICE OF VIOLATION Owner: FREEDMAN, SANDRA E 416 PINE AVE NAPLES, FL 341082345 Location: 416 Pine AVE Naples, FL Unincorporated Collier County Zoning Dist: RMF-6 Sec 32 Twp 48 Rng 25 Legal: Subdivision CONNER'S VANDERBILT BCH EST Block J Folio 27582200000 OR Book 1700 Page 530 Lot 4+5 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231(12)(b) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(m) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (12)(n) Compliance with housing standards. Collier County Code of Laws and Ordinances Chapter 22 Buildings and Building Regulations, Article VI Property Maintenance Code, Section 22-231 (19) Nuisances specified. (Vacant and unoccupied buildings) Collier County Code of Laws, Chapter 22, Article VI, Section 22- 243 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. 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.: Wood siding rotting, soffrt rotting and in disrepair, needs protective coating. 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. 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.: Needs painting 12. Exterior and interior structures of dwelling units. All the following component of a dwelling unit shall be maintained in good condition. n. Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition.: Boat dock in disrepair. ' 19. Sanitation requirements: a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with health department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the health department.: Property is not being maintained creating a nuisance. It is declared unlawful and a public nuisance for any owner of any property in the county to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with, this article.: Lower level of dwelling is open and unsecure creating a nuisance/hazardous condition. Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Lower level of dwelling is open and unsecure creating a nuisance/hazardous condition. ORDER TO CORRECT VIOLA TION(S): ~ . ' You are directed by this Notice to take the following corrective action(s): Initial Inspection 1. Must repair or cause to repair any and all vacant or unoccupied buildings and obtain any and all applicable permits, inspections and certificate of occupancy/completion as identified on the Property Maintenance Inspection Report / Order to Correct. OR obtain all required permits to demolish said building. AND must complete and submit the required application for boarding certificate to include a property maintenance plan. 2. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct 3. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct 4. Must comply with any and all corrective action requirements noted on the Residential Property maintenance I nspection Report / Order to Correct 5. Must comply with any and all corrective action requirements noted on the Residential Property maintenance Inspection Report / Order to Correct ON OR BEFORE: November 21, 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. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 252-2440 - Fax: (239) 252-2343 Signature and Title of Recipient Printed Name of Recipient Dated: LJ ,:. AFFIDAVIT OF POSTING Respondent(s): SANDRA E. FREEDMAN Code Case CEPM20080003744 416 PINE AVE NAPLES,FL 34108-2345 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (9p.ec~ 1:b.:e applicable document(s)---, I2J Notice of Violation o Notice of Hearing o Notice ofHearinglImposition of Fines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet o Other: I, Michelle Scavone (Code Enforcement Official) , do hereby swear and affirm that I have personally posted the , above described document(s) for the above respondents at The Collier County Court House (Address) on (0 C~l, ( 0 ~ (Date) ~3u (Time) " C~ Michelle Scavone Code Enforcement Investigator Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this t-'llc.ht.llt SCQ.v'O'V"'l< ~008-, by Renald Mcu LillJaie . (Name of person making statement) (Si Personally Known Produced Identification Type ofIdentification Produced l//// (Print, type or stamp Commissioned name of Notary Public) NOTARY PUBLIC ....,......,'.. . S!A!E OF FLORIDA f ; D~liCIa Pulse . \, i io~ssion # DD629723 Bor~1)ED;HR~::e~:.. J.1N. 16,2011 .Ldli' HC BONDING CO., INC. !J. ffirl,,,,it "f'p""tina Ori2inal to File COPV of Posted Notice and Pictures Attached 6/03 5 AFFIDAVITOF:MAILING ~ C ~ pi1f7 ;2 0-() ~ ()()()3 71/~ Code Case CEB# espondent(s) : Sandra freeman 416 Pine Ave .Na..pte~ fl34108 C:EP:M20080003744 IE DESCRIPTION OF THE DOCU1\1ENT(S) POSTED IS/ARE: heck the applicable document(s) . ~tice of Violation ] Notice ofHegring , 1 Notice DfHearinglIInposition of Fines I Citation I N otiGe to Appear I Code Enforcemeut Board Evidence Packet I Other: V' ~ (J ~herebY swear and atnnir that a true and oorred oopY of the (Code Enforcement Official) , tice referenced above, h?s been sent by First Class, U:S. Mail to ,the above respondent(s) at .ddress) fJ rJ2' ' 1 this ;;:zcJ day of ,~! " '~ (//~~ S a e Cs5 Title ATE OF FLORIDA IUNLY OF COLLIER orn.f)Jr affum~d) and subsqd b~S ;zg ~ 200L,1, 4' ". { -., ZZf tf!/ NOTARY PUBLIC-STATE OF FLORIDA l.....,.~... K. A. . Van Sickle \~ JCo~mission #DDq18488 ......"....'. Expms: NOY. 29, 2010 BONDED THRU A'I'J:ANTICBONDn"lG CO.,n"lc. "Soually Known Y , lduced Identific~'iol. - ?e of Identification Produced (9 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord... Page 1 of3 CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ordinance No. 08-65, enacted Dec. 2, 2008. (Supplement No. 25, Update 2) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney '1- ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 1 of21 ARTICLE VI. PROPERTY MAINTENANCE COOE* *Editor's note: Ord. No. 04-58, 923, adopted Sept. 21,2004, repealed art. VI, 9922-226--22-232, in its entirety. Formerly, said article pertained to dangerous buildings. Sections 1--22 if said ord. have been included as a new art. VI to read as herein set out. See the Code Comparative Table--Ordinance Disposition for a detailed analysis of inclusion. Cross references: Community development, ch. 42; health and sanitation, ch. 66; housing initiatives partnership (SHIP) program, 9 114-56 et seq. Sec. 22-226. Title. This article shall be known and may be cited as the "Collier County Property Maintenance Code." (Ord. No. 04-58, 9 1) Sec. 22-227. Purpose and scope. (a) This article establishes minimum standards for the maintenance, upkeep, and appearance of improved or unimproved premises; to minimize impacts of construction; and provides a just, equitable and practicable method to prevent: (1) Residential and commercial buildings, structures, and premises from causing and/or endangering life, limb, health, safety or welfare of the general public or their occupants; or (2) Diminished property values; or (3) Detracting from the appearance of the residential area. (b) The provision of this article shall apply in the unincorporated area of Collier County to every portion of a building or premises, used or intended to be used as dwelling unit in whole or in part, and every portion of a commercial or non-residential building or structure, regardless of the primary use of such building or structure and regardless of when such building or structure was constructed, altered or repaired. (Ord. No. 04-58, 9 2) Sec. 22-228. General provisions. (a) Maintenance. Equipment, systems, devices and safeguards required by this Code or a prior code under which the structure or premises was constructed, altered or repaired, shall be maintained in good working order. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection, safety systems and devices in existing structures. Except as otherwise specified herein, the owner shall be responsible for the maintenance of buildings, structures and premises. (b) Application of other codes. Repairs, additions or alterations to a structure, or change of occupancy shall be performed in accordance with the procedures and provisions of the code applicable at the time of construction. Nothing in this code shall be construed to cancel, modify or set aside any provisions of <Z ..... ",_""- ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 60f21 Yard means an open, unoccupied space on the same lot with a building, structure or dwelling. Zoning ordinance means the Comprehensive Zoning Ordinance (or Land Development Code) for unincorporated Collier County, as it may be amended. (Ord. No. 04-58; 94; Ord. No. 07-70, 9 1) Sec. 22-230. Rules of construction. For purposes of administration and enforcement of this Housing Code, unless otherwise stated in this article, the following rules of construction shall apply: (1) The word "shall" is always mandatory and not discretionary and the word "may" is permissive. (2) Words used in the present tense shall include the plural future; and words used in the singular shall include the plural and the plural singular, unless the context clearly indicates the contrary; use of the masculine gender shall include the feminine gender. (3) The word "includes" shall not limit a term to the specific example but is intended to extend its meaning to all other instances or circumstances of like kind or character. (4) Whenever the words "structure", "building", "dwelling unit", or "premises" are used in this article, ,they shall be construed as though they were followed by the words "or any parts thereof'. (Ord. No. 04-58, 9 5) 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 un,it 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 degrE?es Fahrenheit under ordinary minimum southwest Florida winter conditions. Any electrical heating q ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 7 of21 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 (0055). 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 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. 10 1'1 r- 'I.. ,J,-.,. .....,.. 11 ,,~,.,n'1 '''''rl'''''''' """ Ir '''''''Af'\f'\ ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 8 of21 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. L Windows and exterior doors. Every window, exterior door, shall be properly fitted within its frame, provided with lockable hardware, and shall be weather-tight and weatherproof, and maintained in good repair. Every window required for light and ventilation for habitable rooms shall be capable of being opened easily and secured in a position by window hardware. Windowpanes or approved substitutes shall be maintained without cracks or holes. Openings originally designed as windows and doors shall be maintained as such, unless approved by the building official for enclosure. The closing in of a window or door shall be by bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, utilization of an authorized building material and finishing the exterior with like material of the original exterior surface, or boarding the opening. When boarding is used, it shall be trim fit, sealed to prevent water intrusion, and painted or stained to conform with the other exterior portions of the building. The boarding shall remain in place no longer than 18 months, unless an extension is granted by code enforcement special master. j. Window sash. Window sashes shall be properly fitted and weather-tight within the window frame. k. Hardware. Every door shall be provided with proper hardware and maintained in good condition. I. Screens. Every window or other device used or intended to be used for ventilation which opens directly to the outdoor space shall have screens. Dwelling units which contain operable central heating and air-conditioning systems are not required to have screens on doors and windows. m. Protective treatment. All exterior surfaces other than decay-resistant woods shall be protected from the elements by painting or other protective covering according to manufacture's specifications. n. Accessory structure. All accessory structures shall be maintained and kept in good repair and sound structural condition. o. Interior doors. Every interior door shall be properly fitted within its frame. p. Interior floor, walls and ceiling. Every dwelling unit shall have a permanent floor of approved material prescribed by the Building Code. Every floor and interior wall shall be free from infestation and maintained in good repair to prevent deterioration and shall be capable of supporting the load which normal use may cause to be placed thereon. q. Structural supports. Every structural element of a dwelling unit shall be maintained in good repair and show no evidence of deterioration which would render it incapable of carrying loads which normal use may cause to be placed thereon. r. Gutters and downspouts. Gutters and downspouts shall be maintained in good repair and shall be neatly located and securely installed. (13) Occupancy standard, dwellings. Every dwelling unit shall comply with the minimum space 1 \ ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 9 of21 footage requirements of the Land Development Code and shall contain at least 250 square feet of habitable floor space for the first occupant and at least 200 additional habitable square feet of floor area per additional occupant, not to exceed more than four unrelated individuals per household. No habitable room other than a kitchen shall have an area of less than 70 square feet as prescribed in the Building Code. (14) Minimum ceiling height. Habitable space other than kitchens, storage rooms and laundry rooms shall have a ceiling height of not less then the minimum ceiling height requirements specified in the Building Code at the time of construction. (15) Pool maintenance, private. All swimming pools, spas and architectural pools, ponds or other decorative bodies of water, not otherwise regulated by the Health Department, shall be properly maintained so as not to create a safety hazard or harbor insect infestation. Water shall not be allowed to stagnate or become polluted. All pools shall be- free from unsightly appearance, including but not limited to, free of mold, litter and debris. (16) Occupancy of space below flood elevation. No space constructed below the then minimum flood elevation at the time of original construction shall be used as a habitable space or dwelling unit. Use of such areas shall be limited to storage or utilitarian activity (Le.: game room) and improved to meet FEMA requirements. (17) Residential parking facilities. All residential properties must provide parking facilities in accordance with the Collier County Land Development Code and shall be treated with a stabilized surface made of concrete, crushed stone, asphalt, or brick pavers. Such facilities must be maintained in good condition and repairs to the parking surfaces must be made with like material. (18) Boat houses. All boathouses within the unincorporated county must be maintained so as to prevent decay, as characterized by holes, breaks, rot, rusting or peeling paint. All exposed surfaces of metal or wood shall be protected from the elements, decay or rust. (19) Sanitation requirements: a. All public or shared areas, and habitable rooms of any dwelling unit, structure, accessory structure, or building shall be kept in a clean and sanitary condition by the occupant or owner, in accordance with health department standards. b. Nothing shall be placed, constructed, or maintained on any premise that conflicts with this code so as to constitute a nuisance or fire hazard. c. All buildings, structures, accessory structures (including private swimming. pools), dwelling units shall be regularly maintained and kept free of infestation. d. The plumbing fixtures in every dwelling unit, building or structure shall be maintained in a clean and sanitary condition as prescribed by the health department. (20) Smoke detectors. All dwelling units shall be equipped with smoke detectors to meet the minimum Building and Fire Code requirements. If the structure was built without wired detectors, battery operated smoke detectors are recommended for installation. All rental units shall have smoke detectors that meet the Residential Landlord and Tenant Act. (Ord. No. 04-58, S 6) Sec. 22-232. Rental registration requirements and procedures. All rental units in unincorporated Collier County must obtain a registration certificate from Collier County Community Development and Environmental Services Division in accordance with this section. A separate certificate is not required for each rental unit located upon the same property. (1) When any dwelling unit is occupied by someone other than the owner for any portion of a 1@ 1_.L...L_.111~1_______f"\ _____._~___1_ _____/.J_.l:'___1.... .L__.L/r"\__"'tT~____/1f'\~~Of1/,.,LIA"" ') fL f,)AA() ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 20 of21 Sec. 22-243. Nuisances specified. It is declared unlawful and a public nuisance for any owner of any property in the county to allow any vacant and unoccupied building that has doors, windows, or other openings broken or missing, allowing access to the interior, on his property which is not secured in compliance with this article. (Ord. No. 04-58, 9 18) Sec. 22-244. Standards for securing building. (a) Compliance with county specifications. The boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, shall comply with the specifications as required by this article. (b) Additional requirements. In connection with the boarding of the doors, windows, or other openings of any building or structure, or any means of securing such openings, other than by the conventional method used in the original construction and design of the building or structure, the owner shall also comply with all of the following requirements: (1) All electrical service to the building or structure shall be shut off for safety precautions. Compliance with this subsection may be waived in writing by the building official or designee as to the electric utility service if electricity is needed to power exterior security lighting, an alarm system, or equipment to be used in connection with the rehabilitation ofthe building or structure for which there fs an active and current building permit. (2) The sewer shall be capped in a manner approved by the county so as to prevent the accumulation of methane gas in the building or structure. (3) The interior of the building or structure shall be cleaned of all trash, junk, garbage, debris, and solid waste, and personal possessions shall be removed from the interior of the building or structure, so as to eliminate any fire or health hazard and to prevent hindrance to firefighting equipment or personnel in the event of a fire. (Ord. No. 04-58, 9 19) Sec. 22-245. Exceptions to boarding requirements. A boarding certificate shall not be required in the following circumstances: (1) Temporary emergency situations, including, but not limited to, an activation of a local, state or federal response plan, hurricane preparation and damage caused by local weather. (2) Property that is under the jurisdiction of the code enforcement board (CEB), pursuant to an order rendered by the CEB. ' (3) County-initiated boarding and securing. (Ord. No. 04-58, 9 20) Sec. 22-246. Costs incurred by county; assessment of lien. All costs incurred by the county for actions taken by the county to cure violations of this article shall be charged and billed to the person in violation of this article. Unless payment is made within 30 days of such l~ httn' / /lihrl'lrv/ mllnir,nrlp: r.nm/rip:fl'llllt-tp:c;:t/T)nrVip:w/1 O"7R/1 /?'()/4/ / /()/?OOq ARTICLE VI. PROPERTY MAINTENANCE CODE* Page 21 of21 billing, the board of county commissioners may, by the adoption of a resolution levying such charges and administrative fees, assess against the property a lien in the amount of the charges outstanding. Assessment liens levied in this manner shall be filed with the clerk of courts and in the public records of the county as a lien against the property and shall be prior in dignity to all other liens against the property, save and except a lien for taxes. Such assessments shall bear interest at the legal rate and such liens may be foreclosed in the same manner in which mortgage liens are foreclosed. (Ord. No. 04-58, 321) Sec. 22-247. Notice of hearing for revocation of boarding renewal certificate. (a) The secretary to the code enforcement board or special master shall send out a notice of hearing to the owner or his authorized representative by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the ordinance establishing the code enforcement board or special master, as appropriate. The secretary to the board shall provide notice to the owner as herein provided at least ten days prior to the hearing at which the revocation consideration will be presented. A copy of said notice shall be sent to the supervisor of the code enforcement investigator involved, the code enforcement investigator involved and if applicable, the attorney for the board. (b) The' notice of hearing shall inform the property owner that he or she is permitted to provide an evidentiary packet of information to the secretary to the code enforcement board or special master for distribution prior to the hearing. In order to have the information provided to the reviewing body prior to the hearing, the property owner should submit 15 copies of his or her information to the Secretary to the board five days prior to the scheduled hearing. The secretary to the board shall distribute the evidentiary packet to the reviewing body. If the code enforcement investigator intends to provide an evidentiary packet prior to the hearing, the evidentiary packet must be delivered to the property owner along with the notice of hearing. The secretary to the board shall not deliver his or her evidentiary packet to the reviewing body until he or she receives the owner's evidentiary packet or until the deadline by which the owner's packet of information must be received by the secretary has passed. If the owner timely delivers his or her evidentiary packet, the secretary to the board shall deliver all preliminary evidentiary packets together. (Ord. No. 04-58, 3 22) Secs. 22-248--22-255. Reserved. ILl htto:/ /librarv2.municode.com/default-test/Doc View/1 0578/1 /36/42 ?/f)OOOq - - -----....-... -- .._- .-.------...----..-- -_."._-_....__.._-------.._-_.._---_._~~---- Thi8 Document prepared Bys 2477206 OR: 2547 PG: 0099 lItO. II ..Iew. U" of COU.III .n, III 85/1l/lItt at ":1311 DIl. I. llOCI, etDI DC R' 11.51 toe-.l' .1' ~ .-N.I) c. IICJOW, saQUus rlorida Bar Numbers 187987 1169 SL9hth street, south ..ple., Florida 34102-7306 Telephone. (941) 262-6300 rac.Lmile. (941) 262-4656 Iltl: .... C ... 1111 1ft If I ..1.1. n sutZ 13ls Parcel 1.0. Nos 27582160001 (Space Above '1'hie Line for ReCording Data) QUI.,-CLAIII OKlO THIS between ROSBIORY 110010, s is 575 Carlton Avenue, Brooklyn, New . FaaBDHAR, hereinafter is and e , 336, Brooklyn, New York 11238. WITNESS of the sum of reaise, release and quit-claim unto the said GRANTEE forever, all the right, title, interest. claim and demand which the said GRANTOR has in and to the following described real property situate, lying and being in collier County, Florida: Lot 4, Block J, Conner's Vanderbilt Beach Estates, Unit 2, as per plat thereof recorded in Plat Book J, Page 17, et seq., Public Records of collier County, Florida ....... Co HDGUI GRANTOR WARRANTS PROPERTY IS NOT SUBJECT TO FLORIDA HOMESTEAD LAWS. TRAM8FBR WI.,BOUT COR8IDBRATXON- GIFT FROM 8I8TZR-IN-LAW 'to GRANTZ. Au.r.., .t .... fIoQIIMaA& ID ..,., ,....... _10 ........ ...,. ---....... ,~ ....... page 1 of Quit Claim Deed . **t OR: 2547 PG: 0100 t * TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of said GRANTOR, either in law or equity, to the only proper use, benefit and behoof of the said GRANTEE forever. All personal pronouns used in this deed shall include the o~her genders whether used in the masculine, feminine or neuter and the singular shall include the plural whenever and as otten as may be appropriate. .Jj:':,;',"-"" - _"-!"n , ...~" .... ".. ,........,..u..u...,.,i,Iir...... ..................W.\tN},.,I::,.;..... ...... ..... .... ._..., ....,4.......~..___ ,_'_ ,""""'R" " I HEREBY CERTIFY that the foregoing instrument was .~o~l~~9.d ""fith-out oath ~8tore me by R08BHARY HOOlO, ( ) who 1."ersonallY known to me,~ ( ) who produced as identification GW y,(/r S7lJrlt ORL IIE'f lie.. E~ 5 tE · . WITNEss'my hand a~dJqtficial se~~~,the county and's;,~. atoresaid on this the ~ day of V t!Jv(IJ({1/ , 19U. / ,j~~k- (AfflxNotary Rubber stamp) (~ignatur. of Notary Public) J, ~~ -. " , C... _':. If (Printed Name of Notary Public) NOTARY PUBLIC - STATE OF N.Y. COMMISSION'EXPIRES: COMMISSION NUMBER: ........_ 263411003.961., ........ ... paqe 2 of Quit Claim Deed liD ".. In. ,. .m fJ fils IB! II CX) >0- r-- ~ CD 5 - Co.) ...... ~ .." ..J - -' Co:) 0 (,.) I- ... . Ill;.. g i!i i ~ II I ~ ~ I a tJ II B 9 ii II; < Iii ~ ~ a c Ii: ~ Il.rD w~ 81 ~ ~ DGUI AND OFFUTT ATtORNEVS AT LAW .1 EIGH'H STREET SO. ,PLES. I'L lIlMO aePHONE (I'll tIt..:IOD .---,....,.... -..,...--.-.....--..-.,-..---.......----..--....-.-...-.-.---....--....----.---------- JUT _f'''. AbOwa '11I1. Ll.. ,. ..eordlftt oatat ClUl'P-eLAUI DDD TIltS QtJtT-CLAIM DEED _de bKveen ".. IIOCIO ... ..... a. ........., a. join~ tenant. ..cb owning an undivided one-half (112) interest, hereinafter "GRAftOR", who.e adelres. 1s 575 Carlton Avenue, Brooklyn, Hew York 11238 and 8AIIDU B. ........., hereinafter "GRANTEE", whose social security number is_ ~nd whose address is 575 Carlton Avenue, Brooklyn, New York 11238. WITNESSETH, that the said GRANTOR, tor and in consideration 'of the sum of Ten Dollars ($10.00) in hand paid by the said eby acknowledged, does hereby he said GRANTEE forever, all the GRANTOR has a d demand which the said scribed real property situate, TO HAVE AND TO HOLD the saae together with all and singular the appurtenances teceived $ · ~ fj .:teceived $ thereunto belonging Oocumentary Stamp 1 a~ Class "e" IntangIble e I Property Tax URT in anywise or oc. RV I "1Ir~j~!ftCJ~ and aU the ..tab. ri"'~. t.iUe, lfthrest.. 11..., ecpd.~y aftCI cia" ""auCMlVCIr of Mid GItAftOR. .leller in lav or equi~y, to tile only proper "H. benefl~ and beIloof of the Hid CIWIHB forever. All personal pronouns unci intbis deed .ball include ~b. other 9enders whether used in t:he ..scul!.e, tealnine or neu~er and t:he slft9Ular shall inclucle tile plural whenever and as of~en . _'" .,,".. _'. .......... ._ 'H~ ;,. ....., ... as may be appropriate. -vlL- SiC)Jled and Sealed this II I '''.;-':.''\\:;'1''1(. -.. ,-".- ..,. 'q " ,19.....2:.. ~~.1/h; }. ,.;~ 'I!~:'..~.. :;" ..I' 2 OBUE AND OFFUTT ATTORNEYSA'f LAW B &tGNTH SfRE&T so. UtLEI. A. .1MfI Ul'HONI(a,,) IU-UOD I SBA" OF ifIV YOB COUHft OF ICIJIGS I _DY ClRf'trY that: the fOUC'JOift9 inKruaent: vas acknovleclc)ad without: oatil before .. by 8011a _i., vbo is personally known t:o _ or vbo produced as iclent:ificat:ion I . ^ Wl~ESS Dr hand and official aforesaid on ~hi. the llf//. clay ot _'" .. .~~..l' .~.::t~~~'~...... :f 'f'" , ',",.u;S-,II, STATB OF NEW YORK COUH'I'Y OF KINGS , ""T ~ :11..,1'1(( ..,;. ~~., Ii I HEREBY CERTIFY that the foregoing ~~,~trum,nt "fa. "f:."" ~ acknowledged without oath before me by 8&DdJ:.::-.,!.:-:,pr..~, ~,WI!2 'J"''' ~:;T.'j is personally known t who procSuc~d..as~, identiJ.~cat;.~;on:::, ':::; .,' ',;,,. . I,....... .. "_.,_ ...". _.,.... .,........" ,.' ...."....'...::,I_....~""..,.<I.!.........,' ...i.....:.'~~ and state"" .~' i~. ..', ~- ~,:""",; .:i...1 ...,:\i, ,,; ROBIN 01 NoI.., PutlIIC 01 NO'. t aUlllhtd cornnn_e 'C. IIJD8 of Notary Public) UBLIC-STATE OF NEW YOlU( ON EXPIRES:~ \5 \Qq.3 SION NUMBER: L.\ ca -) s "5 / This Document RODLD- C. BooO, BSQUDB' Florida Bar No: 187987 1169 Eighth street, South Naples, Florida 33940 Telephone: (813) 262-6300 :;UE AND OFFUTT m'ORNE\'8 AT LAW EIQHTH STREET so. LEI. FL :lINO .PHDNE (.IS) 2J2-aDO 3 . ....1... .' ......... . . .. .: . """'~' .... . ,,' . . ... II" '..._ .. . . ..I' ...._.. '" - . ." ....' .. .;:.~"" '. "'" '., 0" . . - .. .. '. " :0::';' : ::;:- ,~'..." "':':,: ..~.... .1:\.~... "'<::l~l ~j; .... ~. ....t..., .. 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Ti: (:, r.. w *. ,w , J g ck � �r 14.1 .i W i a L' ct 4 — if 0 z s "J'417; 1 6''. 0 7§'-i* ' oe s}. : -d' 4: rte:.{$ as I K e a ..+ i ri I !' r 5, { . # -11 Irt r F ,. , , .... ., I ..,?,4.,.... : , • . ,. .,..„ .... .W., i : i SrY�,¢ y 1 ii I i • i ..'.pR.i' .s.r . f { f ti I • II Y P,„ } 1} 4 Y . y i .y ■ • .r..7,74041 .• bn .. ° %yy 3 'i 'Mr4`1:t COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CEPM2008003 744 Board of County Commissioners, Collier County, Florida Vs. SANDRA E. FREEDMAN Violation of Section(s) Ronald Martindale, Code Enforcement Official Department Case No. CEPM20080003744 Folio 27582200000 DESCRIPTION OF VIOLATION: Multiple violations of Property Maintenance Code. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs of $ incurred in the prosecution of this case and abate all violations by: 1. Obtaining all required Collier County Building or Demolition Permits, all required Inspections, and a Certificate of Occupancy/Completion within X amount of Days, OR a fme of X a day will be imposed until all violations are 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. 3. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriff Office to enforce the provisions of this order. REV 8/23/07 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Theodore W. & Karen L. Wasserman, Respondent DEPT No. CESD20080001776 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed Orders 1 2 3-5 6-10 11 12-13 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080001776 vs. THEODORE W & KAREN L WASSERMAN, Respondent(s) NOTICE OF HEARING PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Improvement Prior to Building Permit10.02.06(B)(1)(e) LOCATION OF VIOLATION: 410 CRISTOBAL ST Naples, FL SERVED: THEODORE W & KAREN L WASSERMAN, Respondent Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800: ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eI idioma Ingles. Servicios the traduccion no seran disponibles en 18 audiencia y ustod sera responsable de proveer su propio traductor. para WI. mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. Avetisman _ Tout odisyon yo fet an angle, Nou pan gin moun pou fe tradlksyon, Si ou pa pale angle tanpri vini avtlk yon intapret pou pale pou-ou, ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080001776 Wasserman, Theodore W. and Karen L., Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 2004-4 1 Collier County Land Development Code, as amended, Section 1O.02.06(B)(I)(a) and 1O.02.06(B)(1)(e) 2. Description of Violation: Electrical boatlift added to the Westside seawalL/property without first obtaining required Collier County building permits. 3. Location/address where violation exists: 410 Cristobal Street Naples, F134l13 (folio #52450200000) 4. Name and address of owner/person in charge of violation location Wasserman, Theodore W. and Karen L. residing at 410 Cristobal Street Naples, F134l13 5. Date violation first observed: February 11th, 2008 6. Date owner/person in charge given Notice of Violation: April 29th, 2008 7. Date onlby which violation to be corrected: May 30th, 2008 8. Date ofre-inspection: January 29th, 2009 9. Results ofRe-inspection: Un-permitted boatlift remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fi public hearing. Dated this 2nd day of March, 2009 c- - ---=----=- STATE OF FLORIDA COUNTY OF COLLIER (or affirmed) and subscribed before thiZ~y Of~2009 by ~ iJdL. (Si atu of No tar)' Public) Personally known ~r produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of No tar)' Public) NOTA l1Y PUBLIC-STATE OF FLORIDA ...........,'. Jennifer E. Waldron t ~ ~Commission #DD823767 ~'",........l Expires: SEF. 17, 2012 ROw.:lBI/ TImlJ A.'lU.N'!1;O l)oNtlrNCi c:o"lNC. REV 3-3-05 .0) Case Number: CESD20080001776 Date: April 22, 2008 Investigator: Azure Sorrels Phone: 239-252-2455 COLLIER COUNTY CODE ENFORCEMENl NOTICE OF VIOLATION Owner: WASSERMAN, THEODORE W KAREN L WASSERMAN 410 CRI STOBAL ST NAPLES,FL 341138618 Location: 410 CRISTOBAL ST Naples, FL Unincorporated Collier County Zoning Dist RSF-3 Property Legal Description: SEC. 32 TWP.51 RNG.26 Folio:52450200000 OR Book: 3315 Page: 88 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10,02.06(B)(1)(e) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations, For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Violation Status -' Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Electric boat lift added to the west side seawall/property without first obtaining required Collier County Building permits. ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): 1. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits r~quired for described structurefimprovements. Must also request or cause inspection through and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be performed and obtain a certificate of occupancy/completion. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurelimprovements: OR remove said structurefimprovements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: 05/30/2008 3 Failure to correct violations may result in: 1) ~Jlandatory notice to appear or issuance of a c:tation that msy result in fines up to $500 and tosts of-". prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SER INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 No. Horseshoe Dr. Naples, FL 34104 (239) 252-2440 - Fax: (239) 252-3900 Signature and Title of Recipient Printed Name of Recipient Dated: t/ · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · I?rint your name and address on the reverse sO that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A Signature X tt-{{;~(.~ i"vW- ' o Agent B?;ddressee B. Received by (Printed Name) C'PJ.,_te~W:~:v~ ,./ ~../.. f.,;,/ca>Cr ~A.,)' '1- r;( l--v 0 D. Is defivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No rlieoaore &- Xaren 'Wasserman 4JO CristooatSt .Nayte~ ft 34113 ., (l) 3. SeJvice Type ""'EZfeertifjed Mall 0 Express Mall o Registered 0 Retum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes C:FS:lJ2~08000J776'..... , 2. Article Number (Transfer from serviCe labeQ PS Form 3811 , February 2004 7007 1490 0001 0804 6397 Domestic Retum Receipt ITS"7) ~ / )..}{) lps-02.M-1540 t"- IT" ITl ...n ~ ("~ ~ f!! .~,#" I;;; i~,j .O;>~ '"",, ~ KE-: ~ .::r o I:[J o 7Jieoaore &- 'Z-- -'LCZren 4JO CriSrobCZLSt' .JY~Le.J; ..TL 34JJ3 J1,r ClSS€?77nczn ..-"I o o (Ene o RE ~ (En C:ESZJ2006'OOOJ .::r Total Postage & Fees , <p 776 r-'l Sent To t"- O siiiief.'APrMo:;-n--n---------n---n-------------------------n_____________,---,-- o t"- or PO B.o!, _~~~________________________________________________________________________ ciiY.-State, ZIP+4 6 10.02.00 APPLlCA11UN K..t:l.,2Ul1:<.bMJ::N 1:S rdgt: 1 Ul L 10.02.06 SubmittaJ 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/defaultlDocViewI13 992/1 /66/68 ?bilite= 1 0 02 06; 1/29/20ocio lU.ULUU At't'LlLAllUN K.t..VUl1~J::,N1J:::.r'i 1 ~ ol a.b.... "- Vol "- 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.comldefault/Doc ViewIl39921l/66/68?hilite=1 0 02 06; '+ 1/2912009 10.02.00 APPLICATION .I.ZE(2Ul.I.ZEMtNTS t'age 1 or j 10.02.06 Submittal Requirements for Perr:nits 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/defaultlDoc Viewll3 992/1/66/68?hilite=1 0 02 06; <6 1/29/2009 lU.U2..UU APPLlLA llUN KJ::I...<'Ul.Kl::;NlJ:,J~ 1:::' rage L. 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. 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. L 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 witb construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library2.municode.com/default/Doc View/13992/1/66/68?hilite=1 0 02 06; q 1/29/2009 l.v.v~.vv ru.1. .Ld.'-r\.1.l.Vl.~ .L~"'<.UL.L~....L.Il.V.J...L....Il.,( 1. U .J.. u5v .J VL .J permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the .County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. http://library2.municode.com/default/Doc View/1399211/66/68?hilite=1 0 02 06; 10 1/29/2009 1tImantyJtal c It. This Indenture, made this:J day of j l.' (L-., 2003, between Stephen L Kesler and Kimberly e = E ~ A. Kesler, Husband and WIfe, GRANTOR, whose post office address is: P. O. Box 4527, Warsaw. I; - ... !! IN 46581. and Theodore W Wasserman and Karen L Wasserman, Husband and Wife, GRANTEE, ; i S! whose post office address is: 410 Cristobal Street, Naples, FL 34113. ... i - =.... - ... ...- WITNESSETH, that the Grantor, for and in consideration of the sum of TEN OOUARS, 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 Grentee. and Grantee's heirs and assigns forever, the following descnbed land, situate, lying and being in the County of Collier, State of Florida, to wit: Lot 581, Is/e of Capri No.3, according to the Plat thereof as recorded in Plat Book 3. Page 66, of the Public Records of Collier County, Florida Subject to restrictions, reservations and easements of record and taxes for the year 2003 and subsequent years. Tax Folio Number: 52450200000. TO HA VE AND TO HOLD, the same in fee simple forever. AND the Grantor does heraby fully warrant the iff/e to the land and will defend the same against the lawful claims of all persons whomsoever. Signed, sealed and delivered in the presence of: rl 7)::';' ~, ! '.-/ STATE OF ~ L COUNTYOF (.// /r"i r , , -fn The foregoing instrument was acknowledged before me this -L day of -J (, I 1<:.:... 2003 by Stephen L. Kesler and Kimberly A. Kesler, who is personally known to me or presented their drivers' license as identification and did take an oath. Notary SeallStamp _ J . ..' I , ,;1"'", '-/'''/' 'I.... o. 1. .-:J {. ~ I / Lit.. ,( ... _ No ublic [I Il(l~ ~ )).) fCr'du Ie Printed Signature f Notary Pubfic My commission expires: THIS INSTRUMENT PREPARED BY: Craig R. Wooctward. Esquira Woodward, Pires & lombardo, PA 608 Said Esgle Drive. Suite 500 Marco IBland, Florida 34145 (239) 394-5181 19J.,. ~ CIflrsfY (". ;4 ~IY~~ -" '_ .......~_.lurc.2lQl I: '-J __........... ' ----... Bond'~&King PA 4001 N. Tamlaml TI'1lI, sUn. 2SO NIlpIe&. FJon:iI341C3 - ~ co coo = .. ~S .. :::; == .. -- -"" :....... (.....) ..... ~ .. .. c:> ..= - ;~~ ..... .- sac a:= ~ ii=.. ~ S t...> ~!~ _0 - ~-~ !" !! ou no ::: Q ~=u =s C> .. C> ~co =- co ~ .. .. ~H;lii ,. . - . ... -- -. - ... .... - - ~ ... - co --... 00.0 o ~ ca J l Retn: COLLIIR CODIfJ COOl II' ImlOPPICI Am: .TII IALOROI 4281505 OR: 4442 PG: 2234 RBCORDID in the OPPICIlL RlCORDS of COLLIIR COUITY, 'llC PII 04/09/2009 at 09:0911 OlIGB! I. BROCI, CLIRI 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080001776 vs. THEODORE AND KAREN WASSERMAN, Respondents / ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on March 26, 2009, on the and Collier County Ordinance o. atter will be heard on May days of the execution of the Order appeal "..1' 01 h.oRtUA ~nay of COLUER , HEREBY CERTIFY THAT~fH.... ~n'ICt COD' of . ~-Iit...- 8~rcf Minutes .nd~.,-~.......... NP;-'E$S '"" . ..omatai~..r ~ ell, 01 r~.. 2.oe~ :~ .: ,~. .. - "; ~~~ to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of (If/fA'j, 2009 at CoIlier County, Florida. CODEENFORCEMENT~~, ,~A COLLI R COUNTY ~l'I...I BY. Gerald Lefe v . Chair 2800 Nort orseshoe Drive Naples, Florida 34104 ..----- JIll /Q *** OR: 4442 PG: 2235 *** STATE OF FLORIDA ) )ss: COUNTY OF COLLIER) tz.O ~. The foregoing instrument was acknowledged before me this ~ day of ,2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, wh is personally known to me or ~ who has produced a Florida Driver's License as identification. ~A~t-~ tto1 ~ OTARY PUBLIC My commission expires: ~"""'III! KRISTtE HCl.TON !.."f~'J:~ MY COMMISSION. DD 686595 ~: : J EXPIRES: June 1B,2011 'ltf.iir:$.... Ilcnded Tl1nl NcIlBryNllic ~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Theodore & Karen Wasserman, 410 Cristobal Street, Naples, FL 34113 this UlA--day ofLl....fu .-D, 2009. I~ MAY-27-2009 16:21 FROM:TEDWASSERMAN B 6099531025 TO: 12396436632 P.1/1 ~ '/;/ BOARD OF COUNTY COMMISSIONERS Collier County, Flor1cta Petitioner. V8_ Case No. CESD200a0001776 Wasssrman. Theodore W. and Karen L. Respondent(s), STIPULATION/AGREEMENT COMES NOW, the Undersigned, TheOdore Wasserman, on behalf of himself and wife Karen Wasserman enter. into tnl~ StJpulatlon and Agreement with Collior County as to the resolution of Notices of Violation in reference (case) number CeS020080001776 dated the 22"d Clay of Ap"l. 2008, In COnSideration of the disposition and resolution of the matters outlined in said NotiC8(') of Violation for which II hearing is currently scheduled for May 2e"', 2009; to promote efficiency In the administration of the code enforcement precess; and to obtain &I quick and expeditious resolution of the matters out1ined therein the parties hereto agree as follows: 1) The violations noted In the referenced Notice of Violation are accurate and I stipulate to their eldstence. EJeelrical boatJift erected and added to wstsld. Ifawall/property, Ilortla of uisting boathouse, ""thout tint obtainiall nquired Collier County building permit. THEREFORe. it is agreed between tl'le parties that the Respondent Shall: 1) Pay operational eosts in the amQunt of $87.57 incurred in the proSecytion of this case within 30 days of this hearing. 2} Abate all viol. liens by: Obtaining an required Collier County buiJding permits, inspections) and certificate of completion for the mentioned electrical boatlift within J 20 days oftbis hearing Or a S200.00 fi~ will be imposed for cnch day the violatioll! remain. R.e-~pondenl may ~olish Itruc:turcby obtaiJ\ina a demoli~ODpcnnit, i.nspccotions, and certjficate of eomp)ctio~ and remove rncntionod .;JolrtricaJ bootlift 'Nitbiu 120 days of this hearing or a 5200.00 fine. will bo impo3cd for each day the violation remaim. J) Rellpondent mUllt notify Code Enforcement Witl'lin 24 houri of ablJtement of the ViOlation and request the Investigator perform a sIte in&pection to confinn compliance. (2" hQUfW "".... challllll b)' DhIlt'lCJ /11' '. 11'1" mllde durfng lie WlMtwlIk, If Ilia .....Uon 'I IbCllt ~ l'Icu.. ""or ICl a $atllrClay, 5unclcy III' lctgc, hcllidcrv. lheJlllle 1lOlt"~On mu.t _ m_ en 1/1. "lllR dly Ihat .1 nC/\ a &alurday, Sunr:a.y or Ieg., I1oIllII/y.J 4 That It the Respondent fails to abate the violation the County may abate the violation and may use the aSSistance of the Collier County Sherl",s OfflC6 to enforce the provisions of this agreement IInd al/ costs of abatement shall be assessed to the property owner. ~~- Respondent or ReDresentltlv. ("'gn) ~l2I~(J4..~~~ RGsponde"t O/' ReprOGo"tatlve (print) {tJa..LL rl/1e.- A. ~6 lagg, Director nfofc;;Qment Department b/..u /01 Date ' Date ~/)7 !t/1 REV 12/1JOe I "'..... I. ^.....1'iIh .."'..~ 0.""(11 t:'^(\7/17/r.r\ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080001776 Board of County Commissioners, Collier County, Florida Vs. Wasserman, Theodore W. and Karen L. Violation ofOrdinance/Section(s) 2004-41, Collier County Land Development Code, as amended, Section 10.02.06(B)(l)(a) and 10.02.06(B)(1)(e) Azure Sorrels, Code Enforcement Official Department Case No. CESD20080001776 DESCRIPTION OF VIOLATION: Electrical boatlift erected and added to westside seawalVproperty, north of existing boathouse, without first obtaining required Collier County building permit. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Obtaining all required Collier County building permits, inspections, and certificate of completion within days of this hearing or a $ fine will be imposed for each day the violations remain. 2. Respondent may demolish structure by obtaining a demolition permit, inspections, and certificate of completion within days of this hearing or a $ fines will be imposed for each day the violation remains. 3. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a final inspection to confmn 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 MAY-27-2009 16:21 FROM:TEDWASSERMAN 8 613995311325 TO: 12396'l36632 P.l/1 ~'// BOARD OF COUNTY COMMISSIONERS Collier County. Flortcta I'etitloner. \18. Wasserman, Theodore W. and Karen L. Respondent(s). Case No. CESD200a0001776 STIPULATION/AGREEMENT COMES NOW, the Llndersigned, TheOdore Wasserman, on behalf or hImself and wife Karen Wasserman enter. into this StJpulatlon and Agreement with Collier County as to the rosolutlon 0' NotiCll8 of Violelion in reference (case) nLlmber CesD2ooao00177S dllted the 22"11 day of ApJil. 2008, In eOnSideraUon of t". d/.position and resolution or the matters outtined in said Notice(l) of Vla/lltlon for which a hearing is currantly scheduled for May 28". ZOO&; to promote efficiency In the administration of the code enforcement precess; and to obtain a quick and expeditious resolution of the rnattel"$ outlined therein the parties hereto agree as follows: 1) The violations noted In the referenced Notice of Vlolation are accurate and I stipulate to their el<istenee. EJeetrical boadift erecred aDd added to Wetfsld. ."wall/property, Dortll of enlue boatbouae, ""'thout lint obtainiD. required Collier COUDt)' building permii. THEREFORe. it is agraed between tl'te patties that the Respondent Shall; 1) Pay operational costs in the amount of $87.S7 incurred in the Prosecution of this case within 30 days of this hearing. 2) Abate~" vjol~tjons by: Obtaining all reqllired Collier County building permits, inspections) and certificate of completion for the mentioned electrical boatJjft within 120 days oftbis hearing Or a $100.00 fi~ ....ill be imposed for each day the violation! remam. Respondent may demolish structure by obtaining a demolitioDpcmUt, WIiJlCllOtions, and cer1;fjcate of completion and ",mOve Incntionod .;locrtricaJ bootlift within 120 days of this hearing or a $200.00 fino. will bo impo"ed for eacb day the yjolation Rmabu. 3) Reapondent mUll notify COde En'orcement Wit/'lin 24 hOUri of .bBltement of the violation and request the Invest/gator perfonn a site inspection to confinn compliance. (2. """" ..Ill>> -'-II lie ~ Dtllll1" 01 '- ."" mlde dlllfnlllll WIM1lw..... I/' 1'- ~ I. elNlliDd 24 /lou" prior III a ~loI'lIa" Suncl., \If ....' halidllV. theIlllle norIlIOII/on mult '- m_ on /II. "US da, that .. "01 a &aa.onfay. SUIldI. gr .l1oIilllty., 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', Otrlce to enforce the provisions of this agreement Ind all costs or abatement shall be assessed to the property owner. ~~ Respondent or ReDresent.tlv. (argn) ~€I~(JttS"S4:~ Respondent or ReprOGontat/ve (print) (. tJ J,L rlfir..- A. fi/l-b6 lags. Director nforQUment Oepl!lrtment q~/O? Date ' Date ~/)7 /~tf REV , 1/1108 . .....,..,. ^^ I'itI ,",u-, 0,,.01'1 (.'^"7/."t".(\ COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Scott A. Lamp, Respondent DEPTNo.2007110819 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-6 7-13 14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007110819 vs. SCOTT A. LAMP, Respondent 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 Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: TIME: PLACE: May 28, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, Fl34112 VIOLATION: Collier Co. land Development Code 2004-41, as amended, Sec(s).10.02.06(B)(1)(e)(i). Collier County Code of laws, Chapter 22, Article 2, Sections 22-26(b)(104.1.3.5) and Florida Building Code 2004 Edition, Chapter 1, Section 105.1 Un-permitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electrical and plumbing, installation if ajc unit, and interior walls erected. lOCATION OF VIOLATION: 1000 Barefoot Williams Rd. Naples, Fl34113 FOLIO NO: 727960009 SERVED: Scott A. lamp, Respondent Investigator Azure Sorrels, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses andjor 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 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 34H2 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE :L COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. 2007110819 Scott A. Lamp, Respondent(s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s) 2004-41 Collier County Land Development Code, as amended. Sections 1O.02.06(B)(I)(e)(i). Collier County Code of Laws, Chapter 22, Article 2, Sections 22- 26(b)(104.1.3.5) and Florida Building Code 2004 Edition, Chapter I, Section 105.1 2. Description of Violation: Un-permitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electrical and plumbing, installation of alc unit, and interior walls erected. 3. Location/address where violation exists: 1000 Barefoot WilIiams Road Naples, Fl 34113. Folio number 727960009. 4. Name and address of owner/person in charge of violation location: Scott A. Lamp residing at 1000 Barefoot Williams Road Naples, FI 34113 5. Date violation first observed: November 26~h, 2007 6. Date owner/person in charge given Notice of Violation: December 3rd, 2008 7. Date on/by which violation to be corrected: February 4'\ 2009 8. Date ofre-inspection: February 27'h, 2009 9. Results of Re-inspection: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board fi I' public hearing. Dated this Lday of April, 2009 ~ Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER Swo~o (or affirmed, ) and subscribed before this~day of ~/fcLr It>.~ (Signature of Notary ublic) April, 2009 by Azure Sorrels Personally known ~()r produced identification Type of identification produced (Print/Type/Stamp Commissioned Name of Notary Public) NOTARY PUBLIC-STATE OF FLORIDA l'i'o:, Indira Rajah \ jCon;mission #DD727241 -,,'........ Expll'es: DEC. 07 2011 BQNPIID TIrno ATL.\N'1'Ic BONDINg ~Q'J me, Q REV 3-3-05 Case Number: 2007110819 Date: September 17,2008 Investigator: Azure Sorrels Phone: 252-2455 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: Scott A. Lamp 1 000 Barefoot Williams Road Naples, FL 34113 Location: 1000 Barefoot Williams RD Naples, FL Unincorporated Collier County Zoning Dist: Agricultural Property Legal Description: 451 26 SW114 OF SW114 OF NW114 OF NE114 L YG E OF BAREFOOT WILLIAMS RD 1.7 AC Folio: 727960009 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUDRegulation(s) exists at the above-described location. Ordinance/Code: Permit Application. When Required. Florida Building Code, 2004 Edition, Chapter 1 Permits, Section -105.1 -'-- ----- --' -, Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) Prohibited Activities Prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) (104.1.3.5) 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.: ,,_,.d i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s).: A buil<;Jing 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..fulJJ1work, placement of building materials. equip-ment.Qu~ccessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: Un-permitted conversion of barn to living space, consisting of complete enclosing of barn, adding electrical and plumbing, installation of ale units and interior walls erected. ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): -Must be in compliance with all collier County Codes and Ordinances 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.- -Must apply for and obtain all permits required for described structure/improvements: AND / OR Must remove said structurelimprovements, 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 AND / OR Must demolish described improvements/structure and remove from property. ON OR BEFORE: 02/04/2009 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of 3 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 pros8cutbn. INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239252-2440 FAX: 239 252-3900.- Inve Igator Signature Azure Sorrels Signature and Title of Recipient Printed Name of Recipient IJ- s-ofJ Date _...._-,......~~~~... - ---~=-~=-:...--=::-=;~=-- L/ AFFIDAVIT OF MAILING Respondent(s): Scott A. Lamp Code Case 2007110819 THE DESCRIPTION OF THE DOCUMENT(S) MAILED IS/ARE: (Check the applicable document(s) [gI Notice of Violation o Notice of Hearing o Notice ofHearing!Imposition of Fines o Citation o Notice to Appear o Code Enforcement Board Evidence Packet o Other: ' I (I \ i, . /-12.l.v0<.-- ->..:>n-...?...A ..)J (Code Enforcement Official) , hereby swear and affirm that a true and correct copy of the notice referenced above, has been sent by First Class, U.S. Mail to the above respondent(s) at ~ ~. t \ \ ~ \ 1"\ ~ 1.....,-... - f.... " G,.r'9~ -jQ), vV . \ \\ '"",r"'-~ \~ j CjUC) (Address) NQ'71\ ,~ (City v 0'1 State ..:>. (' 2,)CJ//...:;; Zip-code thi I, ,}{" d f 0)? 0 \., ~ on s~ ay 0 .ll,i .~/J;'l;l....-'{ ,2008. ~-~, / ) /. ': --- ;) .-.,~--. IJtI I} . '" "--~-~'-=~ ,~---. / ..-.1 //'_--' ,..-.1/ Signatury! i" .___r.~"(\.g . Er\!.cc' ,"'PI ".I;, ..:.}. i~.... _, ~ r,.J~._.,....,.... 1. ,- -~- r l ~ / '\:~r ~H i.... C.A,"';, "-:..p.~ (~/ Title STATE OF FLORIDA COUNTY OF COLLIER Sworn to (or affirmed) and subscribed before me this l~Yv day of f'J/c>c:> ,rrvb..>.r .20008, by l'l2...I..J..A>- ~V'-l~lA (N~fpe son ~akin~t~eme (Signature of Notary Pub (Print, type or stamp Commissioned name of Notary Public) NOTARY PUBUC-STATE OF FLORIDA ..'..-::. Indira Rajah ~ }Co~sion #DD727241 ..,......... ExpIres: DEC. 07, 2011 BONDED THRU ATLANTIc BONDING CO., me. Personally Known ~ Produced Identification Type of Identification Produced Rev 6/27/07 5 AFFIDAVIT OF POSTING Respondent(s): Scott A. Lamp Code Case 2007110819 THE DESCRIPTION OF THE DOCUMENT(S) POSTED IS/ARE: (Check the applicable document(s) [gI Notice of Violation D Notice of Hearing D Notice ofHearinglImposition ofFines D Citation D Notice to Appear D Code Enforcement Board Evidence Packet D Other: I, Azure Sorrels (Code Enforcement Official) , hereby swear and affIrm that I have personally posted the above described document(s) for the above respondents at 1000 Barefoot Williams Road Naples, Fl (Address) on 12/3/08 (Date) 12:00pm (Time) ,and at the Collier County Courthouse. /J',_ I , ! ,: i l; '-C:~-~~co'"""=~c" \ ./.)~/,.- ,,~/.,~, Sigru:rhrre Code Enforcement Investigator Title STATE OF FLORIDA COUNTY OF COLLIER 't ;,'--.,. Sworn to (or affumed) and subscribed before me this i ,I;; " day of {\ ' ;\ i j. ,q7',..2,rrJ!;:...).{ 2008, by ("'rz..'...:.s-'~ .",Z'{V'.;)___"ii (N~Z:~~~~t) (Signature of Notary Pu ic) NOTARY PUBUC-STATE OF FLORIDA ..',............ Indira Rajah t_ J COIl~mission # DD727241 .........'". Exprres: DEC. 07,2011 BONDED THRU ATLANTIC BOjl,1lING Co.,INe. (Print, type or stamp Commissioned name of Notary Public) , / Personally Known 1_/ Produced Identification Type ofIdentification Produced NOTARY FU3LlC-STATE~F hOTCDA ,...."..,",'-:. Indira }~ajah ~ ~ E Commission :# DD727241 ..",....,..,.... Expires: DEC. 07, 2011 ll91W~ ~y !J,~E!9 ji9!<1"!1!l'i9 eft; mCo Rev 6/27/07 tJ) 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. Section 191.4.9.2, 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 '+ final pool inspection shall be satisfactorily completed prior to issuance of the dwelling unit's Certificate of Occupancy. Where pool construction is commenced after occupancy certification of a one or two family dwelling unit on the same property, the fence or enclosure required shall be in place prior to filling of the pool unless during the period commencing with filling of the pool and ending with completion of the required fence or enclosure, temporary fencing or an approved substitute shall be in place. Failure to call for a final pool inspection within thirty (30) days of filling the pool shall result in an inspection rejection. Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. Where test piles are required to establish bearing capacity for design purposes of a project, prior to the issuance of a building permit, a test pile permit shall be obtained before any piles are driven. All test pilings must be driven within the footprint of the building and applicable fees shall be charged for the permit. At the time of applying for the test piling permit the contractor shall provide, a bond, letter of credit or certified . 'cneck equal to 125% of the estimated cost of removing the test piling and grading the site back to the condition it was in prior to the test piling in the event construction does not commence. If the project does not proceed and the test piles need to be removed, then they shall be removed to a minimum of 2 ft. below natural grade. In any event, the test piles are only allowed to remain exposed for a maximum of six (6) months. ~ FLORIDA . STATE' [ 2004 Florida Building Code: Building (First Printing), includes 2007 amendments 1 Cover o Florida Building Code 2004, Building 2004 Florida Building Code, Building , ' First Printing Publication Date: October 2004 COPYRIGHTO 2004 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2004 Florida Building Code, Building contains substantial copyrighted material from the 2003 International Building Code which is a copyrighted work owned by International Code Council, Inc., 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041- 3401 [phone (703) 931-4533]. Without advance written permission from the copyright owner, no part of this book may be reproduced, distributed, or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: ICC Publications, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795 [phone (708) 799-2300]. Trademarks: "International Code Council," the "International Code Council" logo and the "International Building Code" are trademarks of the International Code Council, Inc. PRINTED IN THE U.S.A. http://ecodes.citation. com! cgi -exe/ cpage.dll ?pg=nbdrx&rp=/indx/ST Ifll sUb200v041 st_ fl_ st _'.' 4/61200q 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%20CustomIBuild2004 YL/3/8?f=templ... 11/20/200j 0 __ _____ ____________.__,________ _._ --0- - ~~- 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 buildihg 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://library6.municode.com/default-test/Doc View/13 992/1/66/68?hilite=1 0 02 06; 4/6/2009/1 - -- - - - - - - ""- - -- -- --- > .-- .... -0.- .. '-.J.a. -' moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms ; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building http://library6.municode.com/default-tesUDoc ViewI13992/l/66/68?hilite=1 0 02 06; 4/6/200~~ - -0- - -- ~ - 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://library6.municode.com/default-test/Doc View/13 992/1/66/68?hilite=1 0 02 06; 4/6/20013 This Documenl Prepared By and Relum 10: Christopher Marsala, Esq. CARDILLO, KEITH & BONAQUIST, P.A. 3550 East Tamiami Trail Naples, Florida 34112 Telephone: (239) 774-2229 *** 4191076 OR: 4379 PG: 2757 *** mORDID in omClli BCORDS of COLLIIi COUl'tT. 11 G7/18/200B at OU9Al DrIGlIT I. BRoct, mil COIS m9OO.00 IJC m 10.00 DOC' .10 2099.31 leU: CARDILLO om IT lL 3550 rAIDI! 'tR 1 IAPlJS n. 3m2 4905 Panel ID Number: 00727960009 DOCUMENTARY STAMPS: $2,099.30 Warranty Deed This Indenture, Made this I yfL day of July, 2008 A.D~ Between Lanna R. Arthur, a/k/a Lana R. Arthur, a single woman of the County of Wakulla, Slate of Florida, grantor, and Scott A. Lamp, a married man, whose address is: 1000 Barefoot Williams Road, Naples, Florida 34114 of the County of Collier, Slate of Florida, grantees. Witnesseth thai the GRANTOR, for and in consideration of the sum of TWO HUNDRED NINETY NINE THOUSAND NINE HUNDRED ($299,900.00)----~----------------------~------~---DOL~, and other good and valuable consideration to GRANTOR in hand paid by GRANTEES, the receipt whereof is hereby acknowledged, has granted. bargained and sold to the said GRANTEES and GRANTEES' heirs, successors and assigns forever. the following described land, situate, lying and being in the County of Colli.er Slate of Florida to wit: /': ~:...;; !.,....... . :-(/ " ...... Printed N~e: Witness ~hr,..I/'r.';/'Ivi- A1t1d~......... ~oJ.~~'C1 ' f)c~~t Printed Name :1)0....; ; Ia.... I~.:::)- Wi tness Arthur a/k/a Lana R. P.o. Address: 518 Tiger Ra_od: Road, CnlwfOf'd.we, FL 32.327 STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me this ~ day of July, 2008 by Lanna R. Arthur, a/k/ a Lana R. Arthur, a sing 1.e woman she is personally known to me or she has produced her Flor:i.da dr:i. ver' s license as identification. l~ . ,1-- UA~~ ~ Pri.nted Name: Notary Public My Commission Expires: llAIJ.A BAEZ l IIY ~, DO 6301891 ~ _~Mall:II6.2D11 ._-,-~ 07642M ILj M'--. _/ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007110819 Scott A. Lamp Respondent(s), STIPULATION/AGREEMENT COMES NOW, the underSigned,Sc71IlL/f):)6f.: 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 2007110819 dated the 12th day of December, 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 r'\c~\.1 .;}.::s '(L ,.L\i\..1-{ ; 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. Un-permitted conversion of an existing permitted barn to living space, consisting of complete enclosure of barn, adding electrical and plumbing, installation of alc unit, and interior \,,'alls erected. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $'?6';~3> incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: -Respondent must obtain all required Collier County building permits, inspections. and certificate of completion for the conversion of the barn within ISO days of this hearing or a $/(,'0 ,cD fine \vill be imposed for each day the violation remains. -Respondent may obtain a demo permit, inspections, certificate of completion and demolish all unpermitted alterations, returning the structure to its origina1...permitted state or demolish the entire structure itself within IS 0 days of this hearing or a $ lGO. \...J(;. tine will be imposed for each day the 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 and all costs of abatement, shall be assessed to the property owner and all costs of abatement shall be assessed the proR own /. e (sign) f' J ~L-- rt>e- j), ru:;q, O' lagg, Oirector Code Enforcement Department ,/ REV 4/24/09 ~'~ BOARD QF COUNTY COMMISSIONERS Collier County, Florida Petitioner, vs. Case No. 2007110819 Scott A. Lamp Respondent( s), STIPULA TION/AGREEMENT COMES NOW, the undersigned,S't'7T JlliJl:J6~ 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 2007110819 dated the 12th day of December, 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 ~L'~\.I ,~;s ~ ,.J.\J\J1 ; 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. Un-pemlitted conversion of an existing permitted bam to living space, consisting of complete enclosure of bam. adding electrical and plumbing, installation of alc unit. and interior walls erected. THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $(?6',.~~ incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: -Respondent must obtain all required Collier County building permits. inspections. and cC11ificate of completion for the conversion of the bam \vithin ISO days of this hearing or a $/C'O ,oJ fine will be imposed for each day the violation remains. -Respondent may obtain a demo permit inspections, certificate of completion and demolish all unpermitted alterations, retuming the structure to its original" permitted state or demolish the entire structure itself within /S U days of this hearing or a $ lGO. ~ tine will be imposed for each day the 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 and all costs of abatement shall be assessed to the property owner and all costs of abatement shall be assessed the proR' own /' I~-L'~ N~ /J ;:-L/Jq, D' lagg, Director Code Enforcement Department /' REV 4f24f09 C' ~-'/J 1. ,~ -~)(! /r / / i . . ,lr)'}~-:J Respondent or Representati e (print) Date REV 4/24/09 COUNTY EXHIBIT A T ABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Alberto E. Franco & Juana Leon, Respondent DEPT No. CESD20080012107 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5-8 9 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080012107 vs. ALBERTO E. FRANCO & JUANA LEON, 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Abandoned or Suspended Permit22-26(b)(104.5.1.4(4) LOCATION OF VIOLATION: 5348 18th CT SW Naples, FL SERVED: ALBERT FRANCO & JUANA LEON, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen_ copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU. TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774..ss00; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera condUClda en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera resppnsable de proveer su propio traductor, para un mejor entendimiento con las comunicaeiones de esle evento. Por favor traiga su propio lraduclor. Avetisman _ Tout odisyon yo fel an angle, Nou pan gin moun pou fe tradiksyon, SI ou pa pale angle tanpri vini avek yon inteprel pou pale pou-ou, ~ COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. DEPT CASE NO. CESD20080012107 ALBERTO FRANCO/JUANA LEON, Respondent(s) STATEMENT OF VIOLATION AND REQUEST FOR HEARING Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enforcement official hereby gives notice of an uncorrected violation of the Collier County Code, as more particularly described herein, and hereby requests a public hearing before the Collier County Code Enforcement Board, for the following reasons: 1. Violation ofOrdinance(s)Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b) (104.5.1.4.4) 2. Description of Violation: Permits expired for addition on house, garage conversion, and shed. 3. Location/address where violation exists: 5348 18th CT SWNaples, FL 34116(Foli036246760000) 4. Name and address of owner/person in charge of violation location: Alberto Franco/Juana Leon 5348 18th CT SW Naples, FL 34116 5. Date violation first observed: August 11,2008 6. Date owner/person in charge given Notice of Violation: August 11,2008 7. Date oniby which violation to be corrected: September 10,2008 8. Date ofre-inspection: September 11,2008 9. Results ofRe-inspection: Violation remains. STATE OF FLORIDA COUNTY OF COLLIER Based upon the foregoing, the undersigned code enforcement official hereby certifies that the above-described violation continues to exist; that attempts to secure compliance with the Collier County Code have failed as aforesaid; and that the violation should be referred to the Collier County Code Enforcement Board for a public hearing. Dated this 27th day of March, 2009 ~~~ Renald Paul Code Enforcement Investigator STATE OF FLORIDA COUNTY OF COLLIER ffi a!Jirme~) and SUbSC",'bed before this 27thday of March, 2009 by Ren, ald Paul /J ~L ue-fl A::~~4 $t?/ldJ2J (Signature ofN Public) (PrintiType/Stan;r6,.tommissioned Name ofNotary~ublic) Personally known _X_ or produced identification_ Type of identification produced C? FLOEID~L\ }3randes _~. 7'!~ [JD467410 b:plres: fJ_J(;-. 31 2009 BondDct T""" ',.1,_,' r; ,,-' .... j.iJ ..:. r':.L.J.~LUC jjC)D.':llng Co Ine " . REV 3-3-05 Q ~-~ (~; ---~~ Case Number: CESD200800121 07 Date: August 11, 2008 Investigator: Paul Renald Phone: 252-2443 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: FRANCO, ALBERTO E JUANA LEON 5348 18TH CT SW NAPLES,FL 341165626 Location: 534818th CT SW Naples, FL Unincorporated Collier County Zoning Dist: RSF Property Legal Description:GOLDEN GATE UNIT 5 BLK 174 LOT 4 Folio: 36246760000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Ordinance No. 07-44, you are notified that a violation (s) of the following Collier County Ordinance(s) and or PUD Regulation(s) exists at the above-described location. Ordinance/Code: Abandoned or Suspended Permit. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b) __ (104.5.1.4.4) ______ ---~------ If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings... : Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: PERMITS WERE EXPIRED AND CANCELED FOR ADDITIONS AND SHED. - ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): Initiallnsoection 1. Must obtain valid permit and request or cause inspection through to certificate of occupancy/completion. OR remove any and all structures or improvements not approved by a valid permit to bring the property to a permitted state and obtain any and all applicable permits associated with such demolition or removal. ON OR BEFORE: 09/10/2008 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: RENALD PAUL ~ INQUIRIES AND COMMENTS SHOULD BE ~ DIRECTED TO CODE ENFORCEMENT ~ ' , 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature 01~one: 239 252-2440 FAX: 239 252-2343 3 Paul Renald Signatur ecipient printed Name of Recipient AUGUST 11,2008 Date 4 Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published by Order of the Board of County Commissioners Published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E. Brock County Clerk PREFACE 6 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: 1 01.4.9. 1. The provisions of the National Fire Code shall apply to the construction, alteration, repair, equipment, use, occupancy, location and maintenance of every building or structure, or any appurtenances connected with or attached to such buildings or structures. Further, the National Fire Codes shall apply to the installation of mechanical and fire protection systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air conditioning and incinerators, and fire related systems or installations. Section 101.4.9.2, is a new section entitled "Maintenance," which will read as follows: 101.4.9.2. All building, structures, electrical, gas, mechanical, plumbing, and fire protection systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or safeguards which are required by the technical Codes when constructed, altered, or repaired, shall be maintained in good working order. The owner, or owner's designated agent, shall be responsible for the maintenance of buildings, structures, electrical, gas, mechanical, fire and plumbing and CD to complete the construction of a single-family residence; (c) That the unlicensed contractor will comply fully with the terms and conditions of Section 104.1.7 and will complete all applicable Building Review and Permitting Department applications prior to permit release and transfer; (d) That the unlicensed contractor is responsible for fully complying with all requirements of Chapter 173, Florida Statutes; and (e) That in consideration for the release and transfer of the building permit by the Building Review and Permitting Department, the unlicensed contractor agrees to indemnify and hold Collier County harmless from any and all liability, losses, penalties, damages, and professional fees, including attorney fees and all costs of litigation and judgments associated with the release and transfer of the building permit. Sections 104.5.1.1 to 104.5.1.4, are replaced with the following: 1. The permit application and the plans shall be reviewed, approved, and ready for issuance within a reasonable time from the date of application. Permits shall be issued to the permittee and notified that the permit has been approved. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit application will be canceled. The cancellation process includes disposal of the application and plans. 2. Building permits shall expire and become null and void if the construction authorized by such permit is not commenced within one hundred and eighty (180) days from the date of the issuance of the permit. Date of issuance is the date of permit pickup. Additionally, the building permit shall expire if the work authorized by such permit is not completed within 18 months from the date of issuance of the permit, unless prior to the issuance of the building permit a time schedule has been submitted to and approved by the Building Official or his designee predicated upon customary time for construction of like buildings indicating completion of construction in excess of 18 months. In the event a time schedule has been submitted by the permittee, the building permit shall expire 30 days after the date of completion set forth in the approved time schedule. For purposes of this section, the construction authorized by such permit shall not be deemed to have commenced unless and until all foundation inspections have been requested and satisfactorily completed. 3. The Building Official or his designee may authorize a maximum of two (2) extensions of an active, valid building permit for a period of 90 days each, upon payment by the permittee of a filing fee for each extension. As a condition to granting a permit extension, the Building Official may require a building schedule from the permittee setting forth the date of completion. The filing fee for each permit extension shall be equal to ten percent (10%) of the original building permit fee or one hundred dollars ($100.00), whichever is greater, but shall not exceed five hundred dollars ($500.00). The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code ~ compliance. No further extension may be granted by the Building Official and the permit shall expire and become null and void. 4. If construction has commenced within one hundred and eighty (180) days from the date of issuance of the permit, and is subsequently abandoned or suspended as determined by the Building Official, the permit shall expire and become null and void. Permit abandonment shall be deemed to have occurred if a required inspection has not been requested or satisfactorily completed within a six (6) month period. Once construction has commenced on a building project, it shall be prima facie evidence of abandonment or suspension of the project if the permittee during any six (6) month period fails to actively engage in construction and fails to complete at least sixty percent (60%) of the construction that would be considered average for the industry for that six (6) month time period predicated upon a customary time for construction of like buildings. Such project shall not be considered abandoned or suspended if the permittee furnishes the Building Official satisfactory evidence, in writing, that the delay is occasioned due to unavailability of construction supplies or materials, and every effort has been made to obtain substitute materials equal to those called for in the specifications, or due to delay in delivery of construction supplies or materials, or due to fire, weather conditions, civil commotion or strike. Increased cost of building materials or supplies or financial hardship shall not be considered by the Building Official as evidence that the project has not been abandoned or suspended. 5. In the event that the Building Official declares a permit to be null and void as the result of abandonment or suspension of the project, the permittee shall be so notified, in writing, at his usual place of business. Within 15 days after receipt of the Building Official's decision, the permittee may appeal the decision of the Building Official to the Board of County Commissioners or a duly authorized Board. The permittee shall have the burden of establishing that the project has not been abandoned or suspended upon which City Councilor a duly authorized Board may reverse the decision of the Building Official. Section 104.5.4, entitled "Waste Materials Management," is a new section which will read as follows: 104.5.4. Inert waste materials may be buried on-site provided that such disposal is in conformance with federal, state, and local laws and regulations. Inert waste materials as used herein are specifically limited to brick, block, concrete, rock, stone, earth and sand that is free from contamination and of other types of waste, and that is capable of serving as fill material without environmental harm to, or pollution of, ground waters or surface waters. All other wastes, including garbage, hazardous waste, rubbish, refuse, paper products, containers, cloth, wood and wood products, sweepings, liquids other than water, sludge, tree limbs and trunks, undergrowth, and material produced by clearing and grubbing, and other horticultural wastes, shall not be buried on-site (unless specifically allowed by County Ordinance or the Land Development Code), but shall be otherwise lawfully disposed of. Section 104.5.5, entitled "Dust Control," is a new section which will read as follows: 104.5.5. Adequate dust control measures shall be employed by the permittee to prevent complaints arising from unhealthy, unsafe or damaging conditions. Failure to utilize adequate dust control procedures shall be sufficient cause to order cessation of ~ _.............., MIl........: +... a. .,.at ....... ftUa euporati._ ue. ~ .... '11. bit. :E ~, I'It SIUI ttt 2502841 01: 2568 PG: 2765 ttt __ 1I1111C1D _"....~. 5 R/"/IIII at 1t:1. _ I. -. _ - ...... .. I.. ".ft tI." .... 1-.. .Ie 1." ....IDN..-., 36246760000 ::~:,~ty ~~"'of ._ ,D__ .,~,_. u4 IIIJtCDRft ~8. huabanci lID: ~mu_ IllS -. . ISl .. IUIII a Hili 1iL"".., ' ~',,_"'L' \,r;:.rj".:_.. :<~"' j) ,1999 A,O,. and wife BetweeD fJI.. ClIIIIlr III ..naazado ,Stale of Florida ,Inaton, IIDlI ~ .. ftAIICO, a a!lagle JII&D and. JOAHA loBaN, a aingle WOIIaD, a. jout telUlDt. with full right. of .urvivor.hip ...... ...... iI: 5348 Coronaclo Parkway 'B, Napl.., PL 34116 of.. eo.., of ColU.er Stale of Florida , graDtees. WID.... ... ... GRANTORS, .....1IDlI iD COlISidaalioa of !he IUDl of ------------------------TKN DOLLARS ($10)--------------------___ DO~. .. -- .... - Yaluablc c:oasidcalioa III GRANTORS ill bud paid by GRANTEES. !he nceipt whereof ill Itm:by adDowledled, have ....... ........ MIl IDld III the IIid GRANTEES IIDlI GRANTEES' bcin, I~ 0Dd1llips forever, tile foUowiq clescribed Iud. silUalc, 1PII..........Coutal)'of Collier State of Florida Illwil: LOr ", aLO<:It 114, GOLDB GATB 'fDRm., AI UCORDBJ) III P O. c:oLLXD comfl 1:, rLOJu: e () %be property hereiD c ve propezoq. of the <<iran r OD. of record. f.? I ~< .. .. ..... do ....,. IlaIIy wmuI ... lilk 10 said Iaad, IIDlI wiD ckfcod the Il&IDC apiDst 18wfW claims of II' JlClSDII5 whomsoever, .. ~ Menor. the pIIIloIs 11IM hcreuDlo set Ibcir huda ODd scaIs 1hc day ODd r- 11m above wrlllcD. · ~"~-:--. _ C- .I;';!-!d"" P,tJJ._~ ~ ~.c,K/7/? Dx~rlidt!f-. Wi a:'1J.., _ I () J J f) I J.i p,O, Addrea: .112 La ...... CMrt. SflrllfllDll. n. J46tI ~~li J-Ih"ftl~ ~~ Wi tae8. P.O. AddRu; 1112 La ..... eNIt, SflrI-.IIIII. ft. J.t6II (Seal) (Seal) ITATE OJ' .10dcSa CXRJNTY 01' ~ ~ ' 1111 ......~ _ ~ before me Ibis t../. day of N DI8B ri'...,_S u4 DaGARft 8DP"'S, hu.maD aDd wUe ,1,qjbY ;:..i: {1' - , ...._...........-__ nod'" ...._.., .c_.~ ~~ DNL*- ~ ' *1*- ~ CC77Ilt" tb. * A'I ~ :I............. r D ..., '/tv · Rotary Public My ('........;".~ Expim: ~ " :;. . , , , "'~,1< I " '. -::. !I..... I....'~... h . ~ _.<.<o:'lIiO.:: ~ . "'-.,.CDilIoIorS___. ,.. (M1)1U-$m _rt.WI>-I q (: Ig O 0 ,, « O,° ,. r z f VI, ,0„,„ il.., * "' ' I♦ h g a k k y I ■ e FJ 1 _ "J �4 5� k g! lga ' ; . ::... w 1 I .1' e r 1 a r till , i ter, ` , 4 4 .. f 1 ti;:= ,.,‘1.•', ti t a p ., su s "F ,, , .., ,t.. �- �+- `' is , .; „_. .. i .. . w -.., co g ,::::., .., ,,,,„1„. 0- ,,,,.• cz ,. , .... .._. ,,,, •• QV ..§s°`.. E.. Ar i• & .ffi:: gy r CD i 16iiiiiii = , € €r a- x' e r t. toirolitilxtx.,, l'b '-'. 4 '.-. ' rx F x g#ts" • • n sac r ..., tea. @ COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER CESD20080012107 Board of County Commissioners, Collier County, Florida Vs. Alberto Franco/Juana Leon 5348 18th CT SW Naples, F134116 Violation ofOrdinance/Section(s) Collier County Code of Laws, Chapter 22, Article II, Florida Building Code, Section 22-26(b) (104.5.1.4.4) Renald Paul, Code Enforcement Official Department Case No. CESD20080012107 DESCRIPTION OF VIOLATION: Permits expired for addition on house, garage conversion, and shed. 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 is required to obtain any and all permits as required by Collier County, for any and all improvements and alterations to this residence or obtain a demo permit for removal of all improvements to this property and obtain all required inspections and certificate of completion within days of this hearing or be fined a day for each day the violation remains unabated. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a [mal inspection to confIrm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement shall be assessed to the property owner. REV 1/5/09 COUNTY EXHIBIT A TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida vs. Southern Development Co. Inc., Respondent Mario Curiale, Registered Agent DEPT No. CEVR20080014785 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2 3-4 5 6-10 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEVR20080014785 vs. SOUTHERN DEVELOPMENT CO. INC., Respondent(s) MARIO CURIALE, Registered Agent NOTICE OF HEARING 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: OS/28/2009 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Landscape Maintenance4.06.05(J)(2) LOCATION OF VIOLATION: 13245 Tamiami TRL E Naples, FL SERVED: SOUTHERN DEVELOPMENT CO. INC., Respondent MARIO CURIALE, Registered Agent Susan O'Farrell, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses 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 NOTIFICAOON: Esta audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la aumencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. 1. Case Number: CEVR200B0014785 Date: October 06,2008 Investigator: Susan O'Farrell Phone: 252-5754 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: SOUTHERN DEVELOPMENT CO. INC. 845 BALD EAGLE DR MARCO ISLAND, FL01 C08 341450000 Registered Agent: MARIO CURIALE 845 BALD EAGLE DRIVE MARCO ISLAND, FL 34145-2542 Location: 13245 Tamiami TRL E Naples, FL Unincorporated Collier County Zoning Dist: C Property Legal Description: 351 26 FROM E1/4 COR SEC RUN S 612.57FT W 722.35FT TO INTERS WITH N RMI LINE OF SR 90 + W RNV LINE DR CANAL RUN Folio: 00726000009 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: Section 4.06.05 (J)(2)._ - w. - --. - - - -- - - .. .._ Must utilize an ongoing maintenance to prohibit the establishment of exotic plants AND Maintain healthy. landscape and replace required plant material within 30 days of demise andfor removal Violation Status - Initial Repeat Recurring DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA T10N(S). Did Witness: Property has fallen below required landscape standards set by approved SDPA 2007-AR-11210 ORDER TO CORRECT VIOLA TION(S): You are directed by this Notice to take the following corrective action(s): Brinq property to standards set bv Collier County approved landscaped plan as described in SDP A 2007 -AR-1121 0 ON OR BEFORE: 12-15-08 Failure ~o 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 $1000 per day per violation, as long as the violation remains, and costs of prosecution. 2. ?, Cy~ W Investigator Signature Susan O'Farrell INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2800 North Horseshoe Dr, Naples, FL 34104 Phone: 239 252-2440 FAX: 239 252-2343 SERVED BY: Susan O'Farrell Signature and Title of Recipient Printed Name of Recipient Date o > . I . . ~[ 3:=3:0 S;?;~~iio CJ~ :z;..l:o:z;.m - 0: ;::cCJl;::c< g~:7~3~ -"j3 (")1:0-::0 S =:r S. '< ~"2- f O~ON - CD2:~g:::;:;!. -Cng =rc.oCD,:ot:D - OC'.)O::7CD;:::;: CJJ 1::= ::J III III III CD cp 5:m:::oo - =a.::J3:t3 2>>~ _ ..,CD(")tD - ~ O~m;--.I. OC)r~ - tD_C:.::) c.- ~ r-m~ ()::r3Cl.o_'" I "TIm_= - cp <Il III <Il I rC2;!OI '1:l C7:7 a. = III - ~~<Ila.~5. \ W:::o:z;. - 3"'ad~p lLL ~aa~CF~ C1I - :;'O:J~~ , - m,,< ...... to N =- 3o~a8 C1I - ~!=~a.3 ~ =- N =- '2: Ci'"2. ~ fA !! .CIl cp <Il ~ I ::;; .. ~-<a. ~ crJ .f:J ~ -.... C) g ~ 0 I C::' CD = ~ 8: ~81 000 ~ ,. ~ ~ OJ:lW -. ~ i1 b$."tl 8: ~ , E:: ii 9 3 !: iil - ::>"J '" S' J:l ~ .. ~ ~ C) ~ 3 ~ <: '" "" 1l .0 0 ~ \" ~ Q ,~ :;:; s:: ~.ir \Do !II Cl or .- ~~ Q) :J i... ~('.\, '" c- '.. if LAND DEVELOP:MENT CODE COLLIER COUNTY, FLORIDA Ord. No. 04-41,as amended 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.05 General Landscaping Requirements J. Maintenance of landscaping. 1. Pruning. Vegetation required by this Code shall only be pruned to promote healthy, uniform, natural growth of the vegetation except where necessary to promote health, safety, and welfare and shall be in accordance with the current Tree, Shrub, and Other Woody Plant Maintenance - Standard Practices ANSI A300 " of the National Arborist Association. Trees shall not be severely pruned in order to permanently maintain growth at a reduced height or spread. Severely pruned trees shall be replaced by the owner. A plant's growth habit shall be considered in advance of conflicts, which might arise (i.e. views, signage, overhead power lines, lighting, circulation, sidewalks, buildings, and similar conflicts). 2. Mainten?lnce. The owner shall be responsible for the continued maintenance and upkeep of all required landscaping so as to present a healthy plant in a condition representative of the species. Tree and Palm staking shall be removed between six and 12 months after installation. All landscapes shall be kept free of refuse, debris, disease, pests, and weeds and shall be fertilized and irrigated to maintain plants in a healthy condition. Special maintenance requirements necessary to preserve the landscape architect's design intent shall be noted on the planting plan. Ongoing maintenance to prohibit the establishment of prohibited exotic species is required. Any plant materials of whatsoever type or kind required by these regulations shall be replaced within 30 days of their demise and/or removal. Code Enforcement will inspect areas affected by this Code and issue citations for violations. If the required corrective action is not taken within the time allowed, the county may use any available means of enforcement to secure compliance. These shall include, but not be limited to the following: a Prosecution before the Collier County Code Enforcement Board; b. Prosecution by the State Attorney's Office as provided by Florida Statutes; c. Withholding of any permit, .construction plan approval, certificate of occupancy, or inspection by the county; d. Placing a lien on the property, to include all administrative, legal, material and installation costs. 5 TInS INSTRUMENT PREPARED WITHOUT OPINION OF TITI..E BY: Joshua M. Bialek, Esq. Porter Wright Moms &. Arthur, LLP 5801 Pelican Bay Blvd., Suite 300 Naples, Florida 34108-2709 Consideration: $2,800,000 Documentary Stamps:19,600 Recording Fee: 18.50 $19,618.50 4186711 OR: 4376 PG: 0400 oeORDID in omCIAL RlCORDS of COLLIII COIIITT, lL 07/07/2008 at 01: 40PII DIIGHT I, BROel, CLlII COIS 2800000,00 oe PI! 18.50 DOC-,70 19600.00 Retn: SALmDII i lOOD 4001 TAIIIAIII n II '330 WARRANTY DEED IAPLIS PL 3m3 3060 0:...(.01 .{~ THIS INDENTURE, executed this ~ day of -.JJ ,2008, by SOUTHERN DEVEWPMENT CO. INe., a Florida corporation, whose address is 845 Bald e Drive, Marco Island, FL 34145, as Grantor, to CNM ENTERPRISES, LLC, a Florida limited liability company, whose tax mailing address is 845 Bald Eagle Drive, Marco Island, FL 34145, as Grantee. (Wherever used herein the terms "Grantors" and "Grantees" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires.) WITNESSETH, that Grantors, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantees all that certain land situate and being in Collier County, Florida, to wit: A portion of the North Y.. of Section 3, Township 51 South, Range 26 East, Collier County, Florida, and more particularly descnbed as follows: PHASE2A: ~ From the East quarter com 1~ . '. ction Line South 0"41'31" West, a distance of 61) . ence ~" West, a distance of 722.35 feet East to 1;Ifcri, 'on of the West riB6~~ay line of a County drainage canal witlf the ,orth ri~{-:~;~~ine oestate ~ad #90 (famiami Trail); thence Wio/sai~tTrai~ . JNprth 54~O'I6.." West, a distance of2092.5l feet 1f. th~eltrUe Point ~ini: ~ence COit,tin. u~g with the Trail right-of-way lin~NO ~~~ ~t;f.'PO fqet; thence North 35"39'44" East a I ce 00 0 nile utll 54~0'16" East, a distance of319. ~ I . . Soo 3.~" wl$t, ~de of 400.00 feet to the Point of Bel!iJIJ\jn~ "-" c:LJ:.) . f t-...-y \1. .\ . l<'~ ,~. "~...., . \~.. .~.. 0 .. SubJect to easeme~~"':ctions, reservatIOns, ons and conditions of record, applicable ~~rdiDances and ~~ing subsequent to December31,2007. "~l;--~L--'''''-0'~ / .I. HE erR' ' TOGETHER WIlli all the tenements, her and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND Grantors hereby covenant, with said Grantees that Grantors are lawfully seized of said land in fee simple; that Grantors have good right and lawful authority to sell and convey said land; that Grantors hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except easements, conditions, restrictions and reservations of record and taxes not yet due. IN WITNESS WHEREOF, the said Grantors has signed and sealed this deed on the day and year first above written. SOUTHERN DEVEWPMENT CO., INe., .fl-Zi ~ .7 BY: / A. /IOa . / o *** OR: 4376 PG: 0401 *** COUNTY OF COLLIER STATE OF FLORIDA The foregoing instrument was acknowledged before me this Cd'v. day o&~ ')2J ~. by MARIO CURIALE, as President of Southern Dcv~mCllt Co., Inc., a Florida c . on and on half of the corporation, [ ] who is personally known to me or [q'who produced driver, icen as' tification. (SEAL) NAPLESI55S65S v.OI ...."*':1'i<::., LED J. SALVAlOII >'t! .'>;f'~ MY COMt.llSSION' 00 374539 EXPIRES: NoYerrber 2B. 2lX8 ___I'o.COe.............. . \.;\ER COt~~ O'Y )">~. () ..r' I{ ~ \ \ (?I.CC iIDrt.TI'lIf!:V" \~ ..i'KJ )~ ~./r.. 't~ ..) / I~O :r ~u Of:' ,<:-- ~v 1- Details Page 1 of 1 Property Record Sketches Trim Notices ,. Parcel No.1 00726000009 Current Ownership Property Addressll13245 TAMIAMI TRL E Ii Owner Name SOUTHERN DEVELOPMENT CO INC Addresses 845 BALD EAGLE DR City MARCO ISLAND State I FL Legal I 3 51 26 FROM E1/4 COR SEC RUN S 612.57FT W 722.35FT TO INTERS WITH N RJW LINE OF SR 90 + W RIW LINE DR CANAL RUN <For more than four lines of Legal Description please call the Property Appraiser's Office. II . zipl134145 - 2542 '1J Millaae Area 21 '1l Millaae 11.486 Section Township Range Acres 3 51 26 2.4 I Sub No. 100 ACREAGE HEADER II '1l Use Code 43 ~ IMPROVED INDUSTRIAL Map No. 6B03 Strap No. 512603 048.0006B03 2008 Preliminary Tax Roll (Subject to Change) Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Value $ 1,052,105.00 (+) Improved Value $1,739,391.00 (=) Just Value $ 2,791,496.00 (-) SOH Exempt Value $ 0.00 (=) Assessed Value $ 2,791,496.00 I (-) Homestead and other Exempt Value II $ 0.00 I I (=) Taxable Value II $ 2,791,496.00 I SOH = .Save Our Homes. exempt value due to cap on assessment increases. Book - Page 2932 - 669 2401 - 433 1917 - 697 Amount I $ 633,600.00 $ 300,000.00 $ 0.00 I The Infonnation is Updated Weekly. /~_ 5q-~.-46'u3 ~ Mario Curiale President Distribution Center Distributor Concrete Reinforcing Products and Bag Goods Products \ 13245 Tamiami Trail East Naples, FL 34114 12391659-4555 Fax (239) 659-4556 10/61200% http://www.collierappraiser.comlRecordDetail.asp ?Map= N o&F 01ioID=0000000726000009 WWW.sunolZ.org - vepanmem or ~Tate Page 1 ot L Previous on List Next on List Return To List No Events No Name History .....,_">M<'"'"_,."''''''''''~".........,.....,,.,.._"._vk,,''~'''.,,',^~''''.:.''A''''.'.''=.<_,.....,~y."..,,,.~.._.._,.........,,..._"""_,~""'''''''''''d...............''''''',''_,'>:_,,'''''''''"''''','"""^".""~"""~-..._"~"",,,,,,,,,,,,,,,,,...._,,,,.___~..,_""',_,':V__.'''_._........,,,,,"",~..'~=w":""'''''''mm'.........^"",,~_'_'''_'''''''''''''.'~ Detail by Entity Name Florida Profit Corporation SOUTHERN DEVELOPMENT CO., INC. Filing Information Document Number P99000002156 FEI Number 593549035 Date Filed 01/07/1999 State FL Status ACTIVE Principal Address 845 BALD EAGLE DRIVE MARCO ISLAND FL 34145 Changed 07/25/2000 Mailing Address 845 BALD EAGLE DRIVE MARCO ISLAND FL 34145 Changed 07/25/2000 Registered Agent Name & Address CURIALE, MARIO 845 BALD EAGLE DRIVE MARCO ISLAND FL 34145 US Name Changed: 07/25/2000 Address Changed: 07/25/2000 Officer/Director Detail Name & Address Title D CURIALE, MARIO 845 BALD EAGLE DRIVE MARCO ISLAND FL 34145 Annual Reports Report Year Filed Date 2006 04/29/2006 2007 04/23/2007 2008 OS/28/2008 http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P990000021... 10/6/2008 q wWW.:SUIlOIZ.org - vepanmem ot ~tate Page 2 of2 Document Images OS/28/2008 - ANNUAL REPORT 04/23/2007 - ANNUAL REPORT 04/29/2006 - ANNUAL REPORT 07/18/2005 - ANNUAL REPORT 04/21/2004 - ANNUAL REPORT 05/01/2003 - ANNUAL REPORT 04/02/2002 - ANNUAL REPORT 04/30/2001 -- ANNUAL REPORT 07/25/2000 - ANNUAL REPORT Note: This is not official record. See documents if question or conflict. 01/07/1999 - Domestic Profit .:">>:<:"">: "'w.""",'">> """ ~-=:_'_",""__,.",""__."._~_,;:<<_,.,.<.""...,.,,___~ Previous on List Next on List Return To List L~"..~.._.".."__"_"__.___...~_...____._.._' No Events No Name History ,:""".__"<""<<<_<".,.,...~"...__:"""w.:::",,,,.,_. ,.-".,- ~''':-='-:':'-'''"''':''''':~'''''''''''''''''''''''.'''''_'':''_''~ ::.".,..."'::-'..,'.,:........_':..""'>.;'"''m;.'''''.:,:.,,:''~'~.:m'''..,>>m<""",;...:,:,",_)",,",:,o;,,:.,_,,,,,,,,,,.-.~,:,,,,..,.,,,,,,,,,.<,,,,,,""=O;::'~,:""':_""'__''''''''<'''*,,,,;:e'-'':::.'''''''''''' :,,,,,,,,,,,,,,,,,,*,,,,,,;,,,,"h"_:X~'~_=""'mM.''''<'''''''',_''W_,,:_,~,,_,,,,,,,,,,,,,,,,,,,,_>>> Home Contact us Document Searches E-Filing Services Forms Heip CODyright and Privacy Policies Copyright @ 2007 State of Florida, Department of State. http://vvww.sunbiz.org/scripts/cordet.exe?action=DETFIL&inCL doc _ number=P990000021... 10/6/2008 /0 .....,. • ... illPria'' . / ..:.. ... ii .II _ ...... •A,.- . • • , •0, . , I ,.. -... ,'`''• k.',0:,*.* .-''. -- . . . • .. . 1., '. . .. ....• . , ;., , -,..4, ,.--=.= ...1r.; . . , ... -4, O.-drA l',•il;',,. ._:-. .7..,. 7 . ../.••11'7 - Al.., ........ • . e ' ..' • •1, ... --.....„- -z-,.-::• -•ff;,.. ,-.. . .- 15,,,' 1. - . , . - , ■iit4 At. . i • ;- •.„-,... i . „. . ,. li ... .!... 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'„,„,,,,,,'' ' : 4'4!!!4'. --: ' 1' , .,- • ''4: s "' .. ` ,, 1, a 4 .* < ^c _ „, -...t., . 2 , .,- it, „ ., ‘,. q �` .. <^ ,# r.et r gio.,- ..,0,- - . 400041' ' _. "Iry ‘,:: 1 ''.'"' -----'11!''',..s.-:-.....,.if: '''' ' ''..• '-, — ,,t',-1" . .. . 4 ... ,&L.-A* . , /illii, ...... . , . t. , . ...- ,... .„1 , •• '" . ..•-„, - • , ' •''.. • ,..,. C" ,,, ' 4"1P4414- '-- • . , .t• •,..0( 1... .., .„.... ,.. ... . . . . -.. . . . ' 7....*h.. •, ,"'t. 4W __, ." - „.,„. ., „.••• „t „, Hi. 1 0 . .1, . ....... , .., . ... . 1 la •' ' 1)t . •■• ,... ,. .. , ........ ' . - ' ., ' •, '-**.4. -*4'416441111S' I .- ...111`11',Illikk - : #10.silichir.ititil # ' -7-, . - . 7 ,..4 ' U:-~f) 2.oof;ov\4-1e6 5 (\ q Dq Collier County Code Enforcement & County Commissioners Re: Marlo Curiale cIIbIa Southern Development, Inc. Home Center Plaza "WALL" Co.se-.wcevr ~cc~ao l41cas- Dear Susan and Etal: As a Falling Waters Beach Resort unit owner I wish to make these points. 1 st) Capitol Self Storage, Inc. has a "core". agreement with us, F. W.B.R. and pays annually 100k of our Master Expenses. Therefore, they would be paying 100k of the Irrigation, Maintenance of Landscaping and Upkeep of the 'Wall" which would be unfair to them since they maintain their landscaping, paint their own building and pay their own irrigation water on top of the 100k of our Masters upkeep! 2nd) What's to keep ABC Liquor (lot between CVS and Capitol Self Storage) from wanting the same irrigation hookup, landscaping maintenance and wall upkeep from us (FWBR) when they build? 3rd) Much of the land between the 'Wall" and FWBR 18nd is an easement for FP&L power lines and if we were to maintain said land we would be trespassing and could result in assuming too much (misplaced) responsibility leading to legal problems. Capitol Self Storage will not sit idly by and pay lOOk blindly for Mario Curiale's Southern Development Inc.'s Sole Responsibilities of compliance with Collier County Codes. .'*. Any such steps on FWBR's part wilLneed a vote of 75% _of unit owners as stated in Chapter 718 FL Statutes. The Condominium Act 718.113 Mai"ntenance; Umitation upon improvements. (2)(a),(b)(c). . 0 Ve.. ( t Falling Waters Beach Resort unit owners legally have no involvement at all with Mario Curiale Code Enforcement Problems. , \ c:.c:..: To,.,vnes S\"'lle..ld2> .k~'~ ~r, 1) l~o)-Op9, o.u.d. FW B F\. \-30"6 C 2.ili:;re~) 1) l~a.. ---r.;c ~~V\ c:> 'F w 'B ~ p~ 3 'Qre s., (,-~ FwBR ep:D- Sincerely, JS~R,~ Diana R. Butkus Die... Butkus 6580 Beach Raort Dr., Apt. 16 I NopJea, FL 34114 History.--s. 1, ch. 76-222; s. 1, ch. 77-174; s. 5, ch. 77-221; ss. 3, 4, ch. 77-777; s. 1, ch. 78-340; s. 6, ch. 79- 314; s. 2, ch. 80-323; s. 2, ch. 81-225; s. 1, ch. 82-113; s. 4, ch. 82-199; s. 6, ch. 84-368; s. 6, ch. 86-175; s. 2, ch. 88-148; s. 7, ch. 90-151; s. 5, ch. 91-103; ss. 5, 6, ch. 91-426; s. 3, ch. 92-49; s. 3, ch. 94-336; s. 7, ch. 94- 350; s. 36, ch. 95-274; s. 2, ch. 96-396; s. 32, ch. 97-93; s. 1773, ch. 97-102; s. 1, ch. 97-301; s. 2, ch. 98-195; s. 3, ch. 98-322; s. 53, ch. 2000-302; s. 21, ch. 2001-64; s. 9, ch. 2002-27; s. 5, ch. 2003-14; s. 4, ch. 2004-345; s. 4, ch. 2004-353; s. 134, ch. 2005-2. 718.1124 Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner.--If an association fails to fill vacancies on the board of administration sufficient to constitute a quorum in accordance with the bylaws, any unit owner may apply to the circuit court within whose jurisdiction the condominium lies for the appointment of a receiver to manage the affairs of the association. At least 30 days prior to applying to the circuit court, the unit owner shalt mail to the association and post in a conspicuous place on the condominium property a notice describing the intended action, giving the association the opportunity to fill the vacancies. If during such time the association fails to fill the vacancies, the unit owner may proceed with the petition. If a receiver is appointed, the association shall be responsible for the salary of the receiver, court costs, and attorneys fees. The receiver shall have all powers and duties of a duly constituted board of administration and shall serve until the association fills vacancies on the board sufficient to constitute a quorum. - History.--s. 1, ch. 81-185. 718.113 Maintenance; limitation upon improvement; display of flag; hurricane shutters.-- (1) Maintenance of the common elements is the responsibility of the association. The declaration may provide that._certain limited_common elements shall be maintained by those entitled to use the limited common c elements or that the association shall provide the maintenance, either as a common expense.or with the cost (kV , shared only by_thoseo entitled to.-usethe limited elements. If the maintenance is tote by the association at the expense of only those entitled to use the[imited-common elements, the declaration shall describe in detail the method of apportioning such costs among those entitled to use the limited common elements, and the association may use the provisions of s. 718.116 to enforce payment of the shares of such costs by the unit owners entitled to use the limited common elements. (2)(a) Except as otherwise provided in this section, there shall be no material alteration or substantial addition to the common elements or to real property w'cl is association property, except in a manner `prided in the declaration as originally recorded"or-as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial addition s, 75 percent of the total voting interests of the association must approve the alterations or additions. _. b) There shall not be any material alteration of, or substantial addition to, the common elements of any condominium operated by a multicondominium association unless approved in the manner provided in the declaration of the affected condominium or condominiums as originally recorded or as amended under the procedures provided therein. If a declaration as originally recorded or as amended under the procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75 percent of the total voting interests of each affected condominium is required. This subsection does no prohibit a provision in any declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein requiring the approval of unit owners in any condominium operated by the same association or requiring board approval before a material alteration or substantial addition to the common elements is permitted. This paragraph is intended to clarify existing law and applies to associations existing on the effective date of this act. (c) There shall not be any material alteration or substantial addition made to as ociaationT real PProperty operated by a multicnndnminium association,except as provided in the declaration, articles of ilKrporation, or bylaws as originally, recorded or as amended under the_procedures provided ed therein If the declaration, articles of incorporation, or bylaws as originally recorded or as amended under the procedures provided therein do not specify the procedure for approving an alteration or addition to association real property, the approval of 75 percent of the total voting interests of the association 's re aired. This paragraph is intended to Cralify existing law and applies to associations existing on the effective a e of this act. 25 CORRECT WORK ORDER -Collier County Development Services Division BUILDING REVIEW AND PERMITTING DEF~ARTMENT DO NOT REMOVE PERMIT NUMBER d.OOStlIS~~ _ &O~ <isbJ... Inspe~tion Rejected 1-- ~ f.J"~ ~h~~\\t~h._ be corrected before further inspection: M.'S'5\\"\~ ";Lj.lUL~: \ .~~suur~ ~~~ ~~~ L)oa..\l,.. w~ My>l"1~ ~,\ll~tJ ~ t-..k~ ~ -:r=;~la \ l ~Cc.k", ON bu t-t'flS!-e1L tf\}t:J..os~ i'\.~s:tN~ ~PM @ F'rQf\\" i.hd~ eo#-t-~~ .1LEfEb -r 0 -r~ s .l.Al'- l.dF\. \n....,.\., c.~ ~n.as on ALl . "R~'()~ t0c-r;,l) -k -:rtl\~\.c..ll t<1DIo.M~ 6). s. ,j (..Bt\.t.J6(L 0. ~s=.(~,Cc..\\( ~fC;:n s.b._A-~ c......,l~ \..r'\ ~,& w<:..Nv 't;'",Ea. S a ~ ~ ~ ~LQ.v\ ArJd r:;.....q,)AfIt..-<;tDf\ C. L,a"... ~ .i:l.. # 104 ! ~lat:ln r/ljL.~t =IF- /()!; C()Llnln..............eQNJ..'6'1'~ R ."~ ~ .3 ~ ,0. Date 21..0 K t\.-~ ot) .___ Inspector ~Ch 1S . When items have been corrected call 643-9757 for re-inspection of this work. If further discussion is required, call1ne between 7:30 - 8:00 A.M. or 3:30 - 4:00 P.:tvI. The phone at my desk is:~ ~\L- <;S03{ . ~~i-h ~(1 D ~~~~'n- H\'SS.if"lbQ,p<<~~ M.E:. .:Lt.J Ezq n~ u~~ ~-o 9.A."9 ~-4c",S @ W.c..s. .t~ct\\.\.o ~ltoY' ~ \".h';'5\Yl~ ~~ ~~ . ~-r()fvf f <P-rf: Wltl Il:>e exJHP~er2--P WITI4 :L- v ____ C-. ...:..-;-- O~ "N 60 '):?Prl<> - rJPr0l-':D OJ{ -r!,-t IV::::~~ 3):n/~ -- (;) fr~~oe( Ir}fO H F ~ GU N c;... w ~-r (L u - ~ BO?>lly ~ WITII I'" · GE-- d)HIl--t-rJ,'J;> ~M~ ~/~77o~ , c.oLl.-IJ!1l a9UNTy. F(U}M ,if3>I'r~ -yE- c i 'J>~:::r> ~~ L / 51fM 6 WILL- o/j)7/~ Y ~ rJ'jf2 iP.I-L COLLIER COUNTY CODE ENFORCEMENT BOARD CEB CASE NUMBER Board of County Commissioners, Collier County, Florida Vs. Southern Development Co LLC Violation ofOrdinance/Section(s) Collier County Land Development Code: Section 4.06.05 J (2) General Landscaping Requirements, Maintenance of Landscaping Susan O'Farrell, Code Enforcement Official Department Case No. cevr20080014785 DESCRIPTION OF VIOLATION: Required Landscape has fallen below Collier County approved Site Development Plan Amendment 2007-AR-l1210 standards. RECOMMENDATION: That the Code Enforcement Board orders the Respondent to pay all operational costs in the amount of incurred in the prosecution ofthis case within 30 days and abate all violations by: 1. Bring property to standards set by Collier County approved landscaped plan as described in SDPA 2007-AR-11210 within days from the date of this hearing or a daily fme of will be imposed as long as the violation persists. 2. The respondent must notify the Code Enforcement Investigator when the violation has been abated in order to conduct a fmal inspection to confirm abatement. If the respondent fails to abate the violation the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order and all costs of abatement will be assessed to the owner of property. REV 1/5/09 . EXHIBIT "A" !.mAL DESCRIPTl.Qtl A PORnON or NQHTH '/2 or SCCT1ON..l TOItNSHIP 51 SOUTH. RANCE 26 ~ASr. Cf.,(l.I€H COUNr't', 1l.~'DA. A!,O "'OR~ PARTlCtJt.ARL Y DCSCRtB€D AS FOll.OWS,' CT10N LINe SOUfH 0'41',)'. '51; A DISTANce OF 722.~ 'C OF' A COUNTY tJRAINACC rAU/AAI/ TRAIL): 1Hl:NCC NCC OF' '167..51 FeET II. RlCHT-Of"-WA), LINE J. . '9'44. cASr A N OF 680 FrrT: THr.NCC or Bl'GlNNlNC, h W!'ST RlCHT- Less and except: Code Enforcement Board CEB No. CEVR20080014785 Agenda Item #4C5 for the May 28, 2009 Meeting Southern Development Company, Inc. 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Jeffrey, Respondent DEPT No. CESD20090003484 ITEM P AGE(S) Notice of Hearing Statement of Violation and Request for Hearing Notice of Violation Copy of Applicable Ordinance Deed 1 2-3 4-5 6-12 13-14 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20090003484 vs. DAWN & LINZEL T. JEFFREY, Respondent 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: TIME: PLACE: May 28, 2009 9:00 a.m. 3301 Tamiami Trail East, Building F, Naples, FL 34112 VIOLATION: 22-26(b) (104,1.3.5), Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II, Sections 10.02.06(B)(l)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, Sect. 111.1, Florida Building Code, 2004 Edition, Chapter 1. Garage converted into living space, bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and certificate of completion LOCATION OF VIOLATION: 3141 Pine Tree Dr. Naples, FL FOLIO NO: 48780640001 SERVED: Dawn & Unzel T. Jeffrey, Respondent Investigator Tommy Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00AM. 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 Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239)252-2444 Telephone (239)252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE 1. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BOARD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner DEPT CASE NO. CESD20090003484 vs. Dawn Jeffrey Linzel T. Jeffrey, Respondent( s) STATEMENT OF VIOLATION AND REOUEST FOR HEARING Porsuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, the undersigned code enfo,-cement official hereby gives notice of an uncorrected violation of the Collier County Code, as more p..-ticulerly desc,ibed h"'in, and bereby requests a public hearing before the Collier County Code Enfo,cement Boerd, fo' the following ,easons: 1. Violation of Ordinance(s) 22-26(b) (104.1.3.5), Collier County Code of Laws and Ordinances, Chapter 22, Buildings and Building Regulations, Article II. Sect(s) 10.02.06(B)(l)(a) and 10.02.06(B)(1)(e) of Ordinance 04-41, as amended, the Collier County Land Development Code, Sect(s) 111.1, Florida Building Code, 2004 Edition, Chapter 1. 2. Description of Violation: Gornge converted ioto living space; bathroom and kitchen, interio, walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and celiificate of completion. 3. Location/address where vin !ation exists: 3141 pine Tree Dr Naples, FL 34112 / F olio# 48780640001 4. Name and adilless of owner/pe"on in cherge of violation locatinn: Dawn Jeffrey and Linzel T. Jeffrey 3141 pine Tree Dr Naples, FL 34112 5. Date violation first observed: March 30t\ 2009 6, Date owner/person in charge given Notice of Violation: Linzel T. Jeffrey served Notice of Violation on March 31 S\ 2009 7. Date onlby which violation to be con-ected: April 27t\ 2009 8. Date ofre-inspection: April 29th, 2009 9. Results of Re- inspectiC!n: Violation remains STATE OF FLORIDA COUNTY OF COLLIER Based npon the foregoing, the undersigned code enfo,cement official hereby certifies that the above-described violation continues to exist; that artempts to secure complhmcewith the Collier Connty Code have failed as aforesaid; and that the violation should be refelTed to the Collier County Code Enforcement Board for a public hearing. Dated this 30th day of April, 2009 r Thomas Keega Code Enforcement Investl STATE OF FLORIDA COUNTY OF COLLIER 30th day of April, 2009 by Thomas Keegan NOTARY pUBLIC. STATE OF FLORIDA NOTARY PlJIlUiml . "":"'"'' Delicia Pulse ,"""'" COlM1!I .' .::' ;<;, '-.:. ~M ~ ~ ~ID;Dllsslon :ffDD629723 ;;}f'S ECommissinr~ #DD629723 "",,,,,,,.-- Exprres: JAN. 16,2011 ., ":,..,~ Expires: .T\l'\f. 16 2011 BONDED THRU ATLANTIC BONDINGCO"lNC. '"1 'f"" }... , J ,,;. .,r"... ,,1LAI,. ,.~ I.J.IDINGCO.lNC. @ REV 3-3-05 Personally known ~dU""d identification - Type of identification produced REV 3-3-05 Name of Notary Public) 3 ~^ ~ "..... .<'!'-'*" Case Number: CESD20090003484 Date: March 30, 2009 Investigator: Thomas Keegan Phone: 252-2483 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: JEFFREY, DAWN L1NZEL T JEFFREY 3141 PINE TREE DR NAPLES, FL 34112 Location: 3141 Pine Tree DR Naples, FL Unincorporated Collier County Zoning Dist: RMF-6-BMUD-R1 Property Legal Description:HALLENDALE LOT 17 Folio: 48780640001 NOTICE pursuant to Collier County Consolidated Code Enforcement Ordinance No; 07-44, you are notified that a violation Is) of the following Collier County Ordinance{s) and or PUD Regulatlonls) exists at the abov~escribed location. Ordinance/Code: Prohibited Activities prior to Permit Issuance. Collier County Code of Laws, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(104.1.3.5) Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(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) Utility Connection. Florida Building Code, 2004 Edition, Chapter 1 Service Utilities, Section 111.1 A building permit (or Dther written site specific work authDrization such as for excavation, tree removal, well construction, approved site development plan, filling, re-vegetation, etc.) shall have been issued prior to the commencement Dfwork at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accDmplished without protected habitat or species disturbance, permitting is not required.: The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code: Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or consiruction of any iype may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations... : No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. : Violation Status - DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLA TION(S). Did Witness: garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first ob@ing Collier County approval, necessary permits, inspections and certificate of completion. ORDER TO CORRECT VIOLA TIONCS): You are directed by this Notice to take the following corrective action(s): L/ 1. Must be in'cornpliGnce with all Collier County Codes and Ordinances. Apply for and obtain all permits required for descnbed structurenmprovements AND / OR Must remove said structurelimprovements, including materials from property and restore to a permitted state. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structurenmprovements: OR remove said structurelimprovements, including materials from property and restore to a permitted state AND / OR Must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. 3. Must be in compliance with all collier County Codes and Ordinances and apply for and obtain all permits required for described structurelimprovements. Must also request or cause inspection thrQugh and including certificate of occupancy/completion. AND / OR Must request/cause required inspections to be perfonned and obtain a ceriffica!e of occupancy/completion. 4. Must cease all use of utilities, energy, fuel or power until said use has been released by the building official. 5. Must cease all usage of living space in garage until proper permits obtained and completed. ON OR BEFORE: 04/27/09 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT 2BOO North Horseshoe Dr, Naples, FL 34104 phone: 239252-2440 FAX: 239252-2343 /~ ,,,,. Signature and Title. ,. f. ' ecipt . . ~'lY ,,7 Investigator Signatur Thomas Keegan 6 IIC1>l\ier County, FloridalCODE-OF LAWS AND ORDINANCES County of.cOlLlER, - . FLORIDA Codified through Ord. No. 07.45, enacted May 2.2., 2.007. (Supplement No. 22)/Preliminaries CODE OF LAWS AND ORDINANCES County of COLLIER, FLORIDA Codified through Ord. No. 07 -45, enacted May 22, 2007. (Supplement No. 22) Preliminaries CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA published by Order of the Board of County Commissioners published by Municipal Code Corporation Tallahassee, Florida 1994 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator http://library 1.municode.comJdefaultJDoc View/1 0578/1/2 4/17/2008 {o Section 104.1.3.5, entitled "Prohibited Activities Prior to Permit Issuance," is a new section which will read as follows: -- 104.1.3.5. A building permit (or other written site specific work authorization such as for excavation, tree removal, well construction, approved site development plan, filling, re- vegetation, etc.) shall have been issued prior to the commencement of work at the site. Activities prohibited prior to permit issuance shall include, but are not limited to, excavation, pile driving (excluding test piling), well drilling, formwork, placement of building materials, equipment or accessory structures and disturbance or removal of protected species or habitat. Where minor clearing of underbrush can be accomplished without protected habitat or species disturbance, permitting is not required. ':f ORDINANCE NO. 04-41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. RECODIFYING THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH IN- CLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY SUPERCEDING ORDINANCE NUMBER 91-102, AS AMENDED; PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, RECODIFICATION OF THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY BY CREATING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SEC. 1.01.00 TITLE, SEC. 1.02.00 AUTHORITY, SEC. 1.03.00 RULES OF CONSTRUCTION, SEC. 1.04.00 APPLICABILITY, SEC. 1.05.00 FINDINGS, PURPOSE AND INTENT, SEC. 1.06:00 RULES OF INTERPRETATION, SEC. 1.07.00 LAWS ADOPTED BY REFERENCE, SEC. 1.08.00 DEFINITIONS; CHAPTER 2 _ ZONING DISTRICTS AND USES, INCLUDING SEC. 2.01.00 GENERALLY, SEC. 2.02.00 ESTABLISHMENT OF ZONING DISTRICTS, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.04.00 PERMISSIBLE, CONDITIONAL, AND ACCESSORY USES IN ZONING DISTRICTS, SEC. 2.05.00 DENSITY STANDARDS, SEC. 2,06.00 AFFORDABLE HOUSING DENSITY BONUS, SEC. 2.07.00 TABLE OF SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - RESOURCE PROTECTION, INCLUDING SEC. 3.01.00 GENERALLY, SEC. 3.02.00 FLOODPLAIN PROTEC- TION, SEC. 3.03.00 COASTAL ZONE MANAGEMENT, SEC. 3.04.00 PROTECTION OF ENDAN- GERED, THREATENED, OR LISTED SPECIES, SEC. 3.05.00 VEGETATION REMOVAL, PROTEC- TION, AND PRESERVATION, SEC, 3.06.00 WELLFIELD AND GROUNDWATER PROTECTION; CHAPTER 4 _ SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SEC. 4.01.00 GENERALLY, SEC. 4.02.00 SITE DESIGN STANDARDS, SEC. 4.03.00 SUBDIVISION DESIGN AND LAYOUT, SEC. 4.04.00 TRANSPORTATION SYSTEM STANDARDS, SEC. 4.05.00 OFF-STREET PARKING AND LOADING, SEC. 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RE- TENTION, SEC. 4.07.00 DESIGN STANDARDS FOR PLANNED UNIT DEVELOPMENTS, SEC. 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES, LIST OF TABLES IN CHAPTER 4; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING SEC. 5.01.00 GENERALLY, SEC. 5.02.00 HOME ,OCCUPATIONS; SEC. 5.03.00 ACCESSORY USES AND STRUCTURES, SEC. 5.04.00 TEMPORARY USES AND STRUCTURES, SEC. 5.05.00 SUPPLEMENTAL STANDARDS FOR SPECIFIC USES, SEC. 5.06.00 SIGNS, INCLUDING AN AMENDMENT TO SEC. 5.06.06 POLITICAL SIGNS; CHAPTER 6 - INFRASTRUC- TURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.00 GENERALLY, SEC. 6.02.00 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.Q1.00 GENERALLY, SEC. 8.02.00 BOARD OF COUNTY COMMISSIONERS, SEC. 8.03.00 PLANNING COMMISSION, SEC. 8.04.00 BOARD OF ZONING APPEALS, SEC. 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS, SEC. 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL, SEC. 8.07.00 HISTORIC/ARCHAEOLOGICAL PRESERVATION BOARD, SEC. 8.08.00 CODE ENFORCEMENT BOARD; SEC. 8.09.00 COMMU- NITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION; CHAPTER 9 - VARIATIONS FROM CODE REQUIREMENTS, INCLUDING SEC. 9.01.00 GENERALLY, SEC. 9.02.00 DEVEL- OPMENTWITH VESTED R!GHTS,.SEC. 9.03.00 NONCONFORMITIES, SEC. 9.04.00 VARIANCES; CHAPTER 10 _ APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SEC. 10.01.00 GENERALLY, SEC. 10.02.00 APPLICATION REQUIREMENTS, SEC. 10.03.00 vii g> NOTICE REQUIREMENTS, SEC. 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, SEC. 10.05.00 AMENDMENTS TO DEVELOPMENT ORDERS, SEC. 10.06.00 APPEALS, SEC. 10.07.00 ENFORCEMENT, SEC. 10.08.00 CONDITIONAL USES PRO- CEDURES, AND APPENDICES A THROUGH H, INCLUDING A NEW APPENDIX uHu OF CROSS- REFERENCES BE1WEEN THE LDC AND UDC; SECTION FOUR, REPEALER; SECTION FIVE, CONFLICT AND SEVERABILITY; SECTION SIX, PUBLICATION AS THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SEVEN, EFFECTIVE DATES. RECITALS WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners (Board) adopted Ordinance No. 91-102, the Collier County Land Development Code (LDC), which became effective on November 13, 1991, and which has been subsequently amended by numerous ordinances comprising eighteen (18) supplements; and WHEREAS. the Board has directed that the LDC be revised to update and simplify its format, and use; and WHEREAS, the Collier County Planning Commission, acting in part in its capacity as the Local Planning Agenoy pursuant to S 163.3194 (2), ES., in a manner prescribed by law, did hold an advertised public hearing on May 6,2004, which was continued for a hearing on May 20, 2004, which was continued for a separately advertised final consideration and vote on June 17, 2004, and did take affirmative action conceming these revisions to the LDC, including finding that the provisions of the proposed recodification of the LDC implement and are consistent with the adopted Growth Management Plan of Collier County; and WHEREAS, the Board of County Commissioners, in a manl)er prescribed by law, did hold an advertised public hearing on May 11, 2004, which was continued for a hearing on May 25, 2004, which was continued for a separately advertised final adoption hearin~ on June 22, 2004, and did take affirmative action conceming these revisions to the LDC; and WHEREAS, the revisions to, and recodification of, the LDCdoes not substantively alter in any way the prior existing LDC text and the substantive provisions of this Ordinance are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (3), ES.1; and . WHEREAS, on March 18, 1997, the Board of County Commissioners adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, all other applicable substantive and procedural requirements of the law have been met for the adoption of this ordinance and Land Development Code. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECfTALS. The foregoing Recitals are true end correct and incorporated by reference herein as if fully set forth. viii q APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES 10.02.06 B.1. public facility below the level of service established in the Collier County growth manage- ment plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III) and the growth management plan. 10.02.06 A.2. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For pur- poses of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances a(') provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes, in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density' or other use relationship of the property, a more recent survey may be Supp. No.2 LDC10:85 10 10.02.06 B.1. COLLIER COUNTY LAND DEVELOPMENT CODE 10.02.06 B,1. required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction: c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land Development Code. i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in. no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate public facilities required. No building or land alteration permit or certifi- cate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, FAC. e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 3 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). Supp. I..Jo. 2 LDC10:86 I / E-Codes .l Ul:)\.I i V.J.. .L Chapter 1, ~ection 111 - SERVICE UTILITIES [Send to printer I Save to computer] SECTION 111 SERVICE UTILITIES 111.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by this code for which a permit is required, until released by the building official. 111.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 111.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. License terms' Privacy, policy Click here for COPVrigllt @ information. httn' ((p('or'lp," (';b1inn rCl11"\/rai-f':xf':/r,l1::lae.oll ?ng:=cutnbdrx&ro=d:%5Cwebcontent%5Conli... 4/301200} @ . , . .~., ~:- :. -<, ~ t' Pr.par.d by and r.turn to: Sl.one Phil 1 I pi TROPICAL TITLE Inlurance Ag.ncy, Inc. 660 9th Str..t Korth, Suit. 3 N.pl.., fL 33940 IOUU77 TAllO KO. 48780640001 2013034 OR: 2138 PG: 1119 UCOIDIn 11 OrnCIlI. DCOm of COLLIU conn, n 01/16/" It 0!:14&1 DIIGB'r I, nOCI, CLIO COIS DC ID oOC",lI mUI lO.SI 52.51 letu: UOrICU 11m lIS lGIICI IIC mllmnlU WLII rL mn WARRANlY DEED THIS WARRANTY DEED Mad. the -1L day of JAr'VH~. A.D. 1996 by AMELIA E. PATON the Unre.arrl.d Surviving Spouse of GEORGE R. PATON who.. pOltoffic. addr'ls is RR 2 80x 280, Le.sburg, IN 46538, her.lnaft.r call.d the g1'.ntor, to LIHZEL T. JEFfREY A SINGLE PERSON WhOI' pOltofflc. addra'l II 4052 Bayshort Driv. 13, Napl.s, FL 33962, h.r.inaft.r call.d the grant"1 IIITNESSETHI That the the IU. of t.n and r.c.lpt _htrtof i. 1'..11.1. r.l.a"I, situat. 1n Colli.r r.cord.d in Plat County. F1 01'1 d.. lnclp.l balance of ren to pay. .ppurt.nanc.s ther.to TO HAVE AHD TO AND the grantor ..i zed of IN WITNESS WHEREOF, the said grantor has signed and s.al.d th.s. pr.s.ntl the d.y and y..r fir.t above written. Slgn.d, ..al.d and dellv.red In our .J.-u .J, ~ lIitn... 'J. 510(0{ s. L::.L""tr..c..r lIitn'll II (pI' t n..;r-- presence: ~f: .p~ AMELIA E. PATON 13 , ~ "~'I' ~ w, .t",,~'~ .:J:.ll,"~.,_~,~t:<'1~i~~Jlt'"" ttt OR: 2138 PG: 1180 ttt STATE OF :t:;;v/J/ A7u A- __l couln OF L~c/..,.,.~/t:::...Q _> Th. for.golng Inltru..nt wa. acknowl.dg.d b.for. N' thl. ~ day of JA7V"-+,,~ _-. lODS, by AMELlA [. PATON the Unn.arrl.d Sunivlng SOUl. of AGEOR6E R. PATON, who II p.rsonally known to .a or who has produc.d ""~". P""/~ AI Id.ntlflcatlon and who did not take an oath .n ,.,cut.d the .... for the purpos.s th.r.ln contain.d. III, ~~~ ..tar, '.~ltc ROBERTW PA'ftlN --- NarARY ruBLIC STAB OF INIIAM Ka;CIUSICO COUNTY MY COMMISSION EXP,JUL Y 12.1'" ',~~' ~~~L","'i.~" uplrlll 71'1-1"'77 . ','''(S~l1~.'. ~..~ c> Il" ~" :' - "\\ I' l ;;) :~' ,,:,. ...." '" .;~.., . . c", ,.' ",... -ct:~...,. ., ,I'" ILl CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this amended ORDER has been sent by U. S. Mail to Dawn Jeffrey and Linzel T. Jeffrey, 3141 Pine Tree Drive, Naples, FL 34112 this ~ day of 5tp..k~ ,2009. J,L J. A- UO HEIDI AsIfTON=CICKO, ESQUIRE Florida Bar No. 966770 Attorney for the Code Enforcement Board OFFICE OF THE COUNTY ATTORNEY 3301 East Tamiami Trail, Bldg. F Naples, Florida 34112 (239) 252-8400 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Affordable Whistler's Cove Ltd., Respondent DEPT No. 2007060558 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents P AGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007060558 vs. Affordable Whistler's Cove Ltd., 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: PUD Monitoring1 0.02.13(F) LOCATION OF VIOLATION: 11490 Whistlers Cove CIR Naples, FL SERVED: Affordable Whistler's Cove Ltd., 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: 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 tDl mejor entendimiento con las 1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007060558 Board of County Commissioners vs. Affordable Whistler's Cove Ltd., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Section 4.06.05(1)(2) Location: 11490 Whistlers Cove Circle Naples, FL Folio # 439840006 Description: Required landscape has fallen below Collier County approved Site Development Plan 97-006 standards. Past Order(s): On June 26, 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 4376 PG 0290, for more information. The Respondent has complied with the CEB Orders as of October 16, 2008. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $3.300.00. See below. Order Item # 1 and Order Item # 2 Fines at a rate of$150.00 per day for the period between September 25,2008- October 16, 2008 (22 days) for the total of $3.300.00. Order Item # 4 Operational Costs of $545.35 have been paid. Q CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007060558 vs. AFFORDABLE WHISTLER'S COVER LTD Respondent THIS CAUSE came on for public hearing b testimony under oath, received evidence Findings of Fact. Conclusions of Law, 08, and the Board, having heard . te matters, thereupon issues its t. 2. That the Code Enforceme t B Respondent, having been duly noti led, Required landscape has fallen below Co I ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, section 4.06.05(J)(2) be corrected in the following manner: . I. By restoring the required landscape of the property to the standards set by the Collier County approved Site Development Plan 97-006 with attention paid to required landscape and native vegetation areas within 90 days ( September 24, 2008). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by September 24, 2008, then there will be a fine of $150 per day for each day so long as the violation persists. 3. That the Respondent is to notifY Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn the site inspection. =- .... n "" ---.0.. --- .... - .... --_&:I ..__.. o. ao ... _ ... ... ._n ""no .... ... -= .,. =- >0 .... .... = n _ 0 a :;: - =- ... "" c::o_ ....n _0 ~~ -- .... "" g-~ - &:I ....... ... .... ex::> .... i:" 0"\ ::: 0 en .._en ::~ ~ _n =- .... c::> :;:~~ ....- Q- z:a n ....~~ ~ ~ (.JO,,) toO 0 --.J __en o nn ~~--c n :::: G"'l I:""'" .. -- -- - .... n c::> g~ =~ .... c::> ... - ;: n - - - UI ..... .." c::o 3 4. That the Respondent is ordered to pay' all operational costs incurred in the prosecution of this case in the amount of$545.35 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 J ~.. day oA & O~ . ,2008 at Collier County, Florida, .~ CODE ENFORCEMENT BOARD COLLIER COUNTY, FL RIDA. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was a 2008. by Gerald Lefebvre, Chair of the _ personally known to me or CD KRISTINE HOtTON ~ . ~ MY COMMISSION. 00 686595 ~~ I EXPIRES: June 18, 2011 . IlondIdThru NalIry P\tliC lJndeIwriI:rs ... at NIIIM :oumy fA COW!lt I HEREBY cERTIn 'ffl~!~~ . tIuI_ *'8Ct COIY ot ,iIOC!~.!ft lie. In 80IrcI Mlnu",,"n~ Recoros<Of Co11Itr Counb ~~;~~~etMl ttQ ~IGHT E".~Of;)l. CLERK QP COURTS .,. lA, - .- C> ~ ~ c....,,) -..::I 0"\ ""1::lI G") c:::> I'..> '-0 ~ LJ BOARD OF COUNTY COMMISSIONERS Collier County, Florida Petitioner, OR: 4376 PG: 0292 Vs. Affordable Whistler's Cove Ltd. Respondent(s), DEPT NO: 2007060558 COMES ~ P\lC- with Collier County a of June, 2007. STIPULATION/AGREEMENT L t e u dersigned, 5'.::: & If- L\'Jt? p. (. y -0:;.... . on behalf of ....qimsalfl'? or . / as representative for Respondent and enters into this Stipulation and Agreement to the resolution of Notices of Violation in reference (case) number 2007060558 dated the 21st day In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for June 26, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. 2) -1) . Pay operational costs in the am of this case. 2) Abate all violations by: (a) Restore the required la Development Plan~ w ' of this hearing or a dai,~en ~ 3) Res n ent must notify Code En Inves'g tor to come out and perform a ring incurred in the prosecution ------.--- t by the Collier County approved Site native vegetation areas within'3Q. days violation persists. ~ been abated and request th.(} ~'---../ ~ M1Ir ichelle Arnold, Director Code Enforcement Department ~/1J:., /'08 Date REV 'JJ23/07 5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Linnette Barrett, Respondent DEPT No. CEPM20080015499 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, vs. L1NNETTE BARRETT, Respondent(s) Case: CEPM20080015499 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Windows/Exterior Doors - Dwelling22-231 (12)(i) LOCATION OF VIOLATION: 4408 18th PL SW Naples, FL SERVED: L1NNETTE BARRETT, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business' days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comWlicaciones de este evento. Por favor traiga su propio traductor. Avetisman - Tout OOlsyon yo fet an angle. Nou pan gin moun pou fe tradiksyon. Si ou pa pale angle tanpri vini avek yon intepret pou pale pou-ou. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CEPM20080015499 Board of County Commissioners vs. Linnette Barrett, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Chapter 22, Building & Building Regulations, Article VI, Section 22/231 (12)<9(12)(i) Location: 4408 18th Place S.W. Naples, FL Folio # 35757240007 Description: Broken windows and damaged fascia Past Order(s): On March 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 4442 PG 2248, for more information. The Respondent has not complied with the CEB Orders as of May 28, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $8.339.00. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $250.00 per day for the period between April 26, 2009- May 28, 2009 (33 days) for the total of $8.250.00. Fines continue to accrue. Order Item # 5 Operational Costs of $89.00 have not been paid. &2 Retn: COLLIIR coum CODI liP IlnROPPICI UTI: DR IALDIOI 4281509 OR: 4442 PG: 2248 RlCORDID in the OPPICIAL RBCORDS of COLLIIR COUITY, PL 04/09/2009 at 09:0911 DIIGB! I. BROCI, CLIRI DC PlI 27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CEPM20080015499 vs. LINNETIE BARRETI, Respondent / THIS CAUSE came on for public hearing testimony under oath, received evidenc Findings of Fact, Conclusions of Law an 009, and the Board, having heard . te matters, thereupon issues its l. 2. 3. 4. That the real property locate described as Lot 10, Block 34, GOLD 5, at Pages 65-77, of the Public Records 0 and Ordinances, Chapter 22, Building and Bu following particulars: Broken windows and damaged fascia. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws and Ordinances, Chapter 22, Building and Building Regulations, Article VI, Section 22-231(l2)(c) (12Xi) be corrected in the following manner: I. By repairing all broken windows and damaged fascia so that they are weather-tight and weatherproof within 30 days (April 25, 2009). 2. That if the Respondent does not comply with paragraph I of the Order of the Board by April 25, 2009, then there will be a fine of$250 per day for each day until such time as the violation is abated. 3 OR: 4442 PG: 2249 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution oftbis Case in the amount of $89.00 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. 2'l..O . DONE AND ORDERED this ---.2..- day of~, 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIE COUNTY, F D;; STATEOFFLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument as 2009, by Gerald Lefebvre, Chair 0 the _ personally known to me 0 ~~ KRIS11NEHa.TON ~:~.*" MY COMMISSION' DO 686595 \ill . .= EXPIRES: JlJle 18, 2011 V( ,". Bonded Thru NoIIry Nlic: ~ I HEREBY CERTIFY that a true and correct copy of this ~ER has been sent by U. S. Mail to Linnette Barrett, 26616 Saville Avenue, Bonita Springs, FL 34135 this -1..L. day of ~ ,2009. Pl~R~ M. Je wson, Esq. Flori Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 .itare at hQRlUA .:oumyofCOWER , HEREBY c~a,.. :JI........ ~COPJOt. d.' .-. BOIIrd Mlnutli.&t ' ....... ~~~~~-- r. '. . . ~.' J E. ~~._ "' 1& ~ . ... LJ BOARD OF COUNTY COMMISSIONERS Collier County, Florida cg *** OR: 4442 PG: 2250 *** Petitioner, vs. Case No. CEPM20080015499 Linnette Barrett Respondent(s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Linnette Barrett, on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080015499 dated the 22 day of October, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 3-26-09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) 1) 2) a) ros cution of this case within 30 3) f9'-~ [-.I . ~~ they are weather-tight and s4:~L a~ated. o abatement of the violation and request e. 4 hours prior to a Saturday, Sunday or Iegaf hoIlc1ay, then the 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. \2\ .C"9 Responde~presentative (sign) fh~ -?-- k Diane Flagg, Director Code Enforcement Department ,ldJ~q, Date ~hh (L\-~ resentative (print) REV 1211108 6 COLLIER COUNTY, FLURIDA CODE ENFORCEMENT BOARD CEB CASE NO. CEPM2008001S499 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. Linnette Barrett, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Renald Paul, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and s~ys: 1. That on 3-26-09, the Code ~nforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(~) was to abate as stated in the Order recorded in the public records of Collier County, Florida in OR BootS: 4442 PO 2248. 2. That the respondent did not contact the investigator. 3. That a re-inspection was petformed on 5-4-09. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: owner was to repair the broken windows and the fascia. FURTHER AFFIANT SA YETH NOT. Dated 5-4-09. COLLIER COUNTY, FLORIDA CODE ENFORCEMENT BO RD Renald Pau Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER (printIType/StamP Commissioned Name of Notary Public) NOTARY PUBLIC. STATE OF FLORIDA -'"'''' D li' Pol i" ....~ e CIa se i. ~Commission'DD629723 ........,,,..,,,.$ Expires: JAN. 16,2011 BONDEDTHRU ATLANTIC BONDINGCo..INC. Personally known ...J REV 1/9/08 (p COLLIER COUNTY CODE ENFORCEMENT BOARD CEB. CASE NUMBER: CESD20090003484 Board of County Commissioners, Collier County, Florida Vs. Dawn Jeffrey Linzel T. Jeffrey Violation of Ordinance/Section(s) 22-26(b) (104.13 .5) Collier County Code of Laws and Ordinances, Chapter 22 Buildings and Building Regulations, AIiicle II. Sect(s) 10.02.06(B) (1) (a) and 10.02.06(B) (1) (e) of Ordinance 04-41, as amended, the Collier County Land Development, Sect(s) 111.1, Florida Building Code, 2004 Edition, Chapter 1 Thomas Keegan, Code Enforcement Official Department Case No.CESD20090003484 DESCRIPTION OF VIOLATION: Garage converted into living space; bathroom and kitchen, interior walls erected and plumbing and electrical work completed without first obtaining Collier County approval, necessary permits, inspections and celiificate of completion located at: 3141 Pine Tree Dr Naples, FL 34112 / Folio# 48780640001 RECOMMENDATION: That the Code Enforcement B081'd 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 necessary pennits, inspections and certificate of completion within days of this hearing or a fine of $ a day will be imposed until the violation is abated OR in the alternative obtain a Collier County Demolition Permit, request all required inspections through to certificate of completion and remove all materials to a site intended for such use within days or a fine of $ 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 8l1d all costs of abatement shall be assessed to said property. REV 4/24/09 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Ibran Turcios, Respondent DEPT No. CESD20080011952 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080011952 vs. TURCIOS. IBRAN A, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: OS/28/2009 TIME: 09:00 AM PLACE: VIOLATION: 3301 Tamiami Trail East Building F, Naples, FL 34112 Building Permit LDC1 0.02.06(B)(1 )(a) LOCATION OF VIOLATION: 1961 51st TER SW Naples, FL SERVED: TURCIOS, IBRAN A, Respondent Paul Renald, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en eJ idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor. para WI mejor entendimiento con las comunicaciones de este evento. Per favor traiga su propio traductor. .1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080011952 Board of County Commissioners vs. Ibran Turcios, Respondent(s) Violation(s): Collier County Code of Laws, Chapter 22, Building Regulations, Article II, the Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(B), section 104.5.1.4 and Ordinance 04-41, Collier County Land Development Code, as amended, Section 10.02.06(B)(I)(a) Location: 1961 51st Terrace S.W. Naples, FL Folio # 36245440004 Description: Owner did not obtain Certificate of Occupancy for permit #'s 2005052970 & 2006082595 Past Order(s): On January 22, 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 4425 PG 0521, for more information. The Respondent has not complied with the CEB Orders as of May 28, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $3.688.43. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $1 00.00 per day for the period between April 23, 2009- May 28, 2009 (36 days) for the total of $3.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $88.43 have not been paid. Q Retn: CaDI BRlORCEKBHf SPICIALIS' INTBR OllICB\ JRI WALDRON 252-2444 qlj/~j~ UK: 44LJ PG: U~,l RICORDBD in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FBB 02/04/2009 at 02:56PM DWIGHT B. BROCK, CLERK 27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CESD200800ll952 vs. lBRAN TURCIOS, Respondent / FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on January 22, 2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: I. That Ibran Turcios 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 entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 1961 51 st Terrace S,W., Naples, FL, FOLIO 36245440004, more particularly described as GOLDEN GATE Unit 5, Block 172, Lot 28, S. 21, TR 4R26 is in violation of Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, the Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(B), section 104.5.1.4 and Ordinance 04-41, The Collier County Land Development Code, as amended, Section 1 0.02.06(B)(1 )(a) in the following particulars: Owner did not obtain Certificate of Occupancy for Permit #'s 2005052970 and 2006082595. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, the Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(B), section 104.5.1.4 and Ordinance 04-41, The Collier County Land Development Code, as amended, Section I 0.02.06(B)(1 )(a) be corrected as follows: I. By obtaining any and all permits as required by Collier County for any and all additions to this residence or by obtaining a demolition permit for the removal of all unpermitted additions to the property and by obtaining all required inspections and certificate of completion within 90 days ( April 22, 2009). 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 22, 2009, then there will be a fine of $1 00 per day for each day until the violation is abated. 3 OR: 4425 PG: 0522 3. 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. 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 $88.43 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 the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thisC:f:L~ay of ~ ' 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, nda, who IS personally known to me or -L"-'ho has produced a Florida Driver's License as identification. - __"o',::;,tf:"'", KRISTINE HOt.TON ~rib:':~ MY COMMISSION # DO 686595 ~'~~-!'l EXPIRES. June 18,2011 "~P.f..'\';.if,:- Bonded !!,ru Notary Public UndelWriters ._r /\ ~!)C~ ~T"zr\-. NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE .:>late 01 F l..ORtUA ;oumy of COLLIER I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Ibran Turcios,1961 51st Terrace S.W., Naples, FL 34116 this~~day of ~ ,2009. /1'1~-- /' -; /j....v . "'~. / { . ';;-1-1 (/Ct'"~~ M. Jeazl/Rawson, Esq.- Florida Bar No. 750311 Attorney for the Code Enforcement Board 40.QYifth Avenue S., Ste. 300 r4hfes, Florida 34102 (239) 263-8206 I HERE6.Y CEF~Tlpt TH.l\T thIs fs a we.. .~orrect coPy ot rao'Gotllmeht on fife In . \o.a rd M i n u~~ er..d~~r~{)r~~,.C?t Comer Coa.ntt' 3~ss ~.lv.~nQ'~7"~(j'"Qfhcm.1 seal this _ aa~'of~ ....<.. ... ..:;;. . WI E;,cBRO~if . .~ OFe6URTI , c;>" . \:. .... L----- .... aA _ . ..... 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4425 PG: 0523 ***~ Petitioner, vs. Case No. CESD20080011952 Ibran A Turcios Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, lbran A Turcios, on behalf of himself as representative for Respondent and enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CESD20080011952 dated the 6TH day of November, 2008_. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for 1/22/09; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. The violations are that of Ordinance(s) and are described as Collier County Code of La\vs, Chapter 22 Buildings and Building Regulations, Article II, Florida Building Code, Adoption and Amendment of the Florida Building Code, Section 22-26(b)(l04.5.1.4) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(l)(a) Owner did not obtain Certificate of Occupancy for Pemlit #2006082595 THEREFORE, it is agreed between the parties that the Respondent shall; 1) Pay operational costs in the amount of $88.43 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by: a) Respondent is required to obtain any and all pemlits as required by Collier County, for any and all additions to this residence or obtain a demolition permit for removal of all unpennitted additions to this f2f property and obtain all required illspecti~ns ~d certi~cate of completion within 410 days of this hearin~ r or be fined $100 a day for each day the VIOlatIOn: remams unabated. ~ 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday, Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement. ~hZf S;6~c~ espoPl'dent or Representative (sign) {]y;; ~ :rj ra Vf / U I"c-[ U .3 Respondent or Representative (print) Diane Flagg, Director Code Enforcement Department (. 12-;01 Date RE'J508 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Deutsche Bank Trust Co., Respondent GMAC Mortgage, LLC., Registered Agent DEPT No. 2007080008 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2007080008 vs. DEUTSCHE BANK TRUST COMPANY, Respondent(s) GMAC MORTGAGE, LLC., 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: OS/28/2009 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: DEUTSCHE BANK TRUST COMPANY, Respondent GMAC MORTGAGE, LLC., Registered Agent 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 responsable de proveer su propio traductor, para un mejor entendimiento con las 1- COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. 2007080008 Board of County Commissioners vs. Deutsche Bank Trust Co., Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 1 0.02.06(B)(1 )(a), 1O.02.06(B)(1)( e) and 1 0.02.06(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: 2414 58th 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 May 28, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $70.149.19. 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- May 28, 2009 (279 days) for the total of $69.750.00. Fines continue to accrue. Order Item # 4 Operational Costs of $399.19 have not been paid. ~ letn: IIfII OllICI CODI IIl00ClIIIl! BIIDISlIUIU 252 5892 4161051 OR: 4356 PG: 1845 DC 01 RlCOIDID in the OffICIAL RlCORDS of COLLIII COUlfl, fL 05/05/2008 at 10:4311 DIIGI! I. BROCI, CLIII 11.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007080008 vs. MELKYS BORREGO, Respondent I 3. , and the Board, having beard matters, thereupon issues its THIS CAUSE came on for public beari testimony under oath, received eviden , Findings of Fact, Conclusions of La , an I. That Melkys Borrego is 2. That the Code Enforcem Respondent. baving been duly not 4. That the real property located Garage enclosure with no pennits, 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. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended. sections 1.02.06(B)( I lea), 1O.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 be corrected in the following manner: 3 *** OR: 4356 PG: 1846 *** I. By obtaining, if obtainable, a Collier County Building Pennit, or Demolition Pennit, 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 I 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 perfonn 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 ZIt::. day Of~, 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUN , FLORIDA <i) KIISTlNE tQ.1tlN 1. . MY CQUSSION I CD 68659S . : EXPIRES: JlI'l818. 2011 l 1IandId'Tllu"*YNIIc~ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ~RDER has been sent by U. S. Mail to Melkys Borrego, 19906 N.W. 671h Court, Hialeah, Florida 33015 this ~day of .,2008. ...~ ~""ofCOiLJ!l "',. Is. true" , HEREBY CERTlr-'1 ~At ~:'.tf.e. tn ~orrect c~py ot a =OS.Qt~t11er COUnb Board MInutes 8l'. .:. "':"iiraa\ ~\t1iS -tJa-~SS rny.~~.n~~..'~~!C~~~ ", ~dayo'~ ~ .. .,:: '. !'.... 'oli'OF r~uRT& tltca~" . . 75'" ~WIGHT E. B.M>>.. 4:~~~i"'~~.'i ..'j '. .. V,' ..:~. . ~. . ~ft. qJ '. . ~_'r"" -'-'.~..~"YJ7 ~ _ ." ..,.........,.... '.',...,~:'.:,.'.;v..,.... . .. '-\ ..~_.:~g.~'~~.:~~J"'f.' ~ M. Jean Rawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 .. ~ v"'~ 4 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. James P & Laura S. Guerrero, Respondent DEPT No. CESD20080008804 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-4 5 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080008804 vs. GUERRERO. JAMES P & LAURA S, 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: OS/28/2009 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: 1965 Platt RD Naples, FL SERVED: GUERRERO, JAMES P & LAURA S, Respondent Cristina Perez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 auctiencia y usted sera responsable de proveer su propio traductor. para W1 mejor entendimiento con las comwticaciones de este evento. Por favor traiga su propio traductor. ~ COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080008804 Board of County Commissioners vs. James P. & Laura S. Guerrero, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 10.02.06 B(1)(a) and 10.02.06 B(1)(e)(i) Location: 1965 Platt Road Naples, FL Folio # 00104520004 Description: Mobile home/modular home placed at location m question without first obtaining the required building permit Past Order(s): On January 22, 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 4425 PG 0519, for more information. The Respondent has not complied with the CEB Orders as of May 28,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $3.686.71. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $1 00.00 per day for the period between April 23, 2009- May 28, 2009 (36 days) for the total of $3.600.00. Fines continue to accrue. Order Item # 5 Operational Costs of $86.71 have not been paid. @ Rea: CODI IlPaIClKl., SPICIALIS' Iml ORICI\ JJI IALDRO. 252-2441 4257938 OR: 4425 PG: 0519 IICORDID in tbe O"ICIAL IBCORDS of COLLI!R COUITf. lL lie PlB 02/04/2009 at 02:56PM DIIGBf .. BROCK. CLIIK 11.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080008804 vs. JAMES PATRICK AND LAURA S. GUERRERO, Respondents / THIS CAUSE came on for public hearing testimony under oath, received evidence Findings of Fact, Conclusions of Law n 1. 3. permit. Mobile Home/Modular Home placed at location in question without first obtaining the required building 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 (I)(a) and IO,02.06B (I)(e)(i) be corrected in the following manner: I. By applying for and obtaining a Collier County building permit for improvements and obtaining all required inspections and receiving a certificate of completion or by obtaining a Collier County demolition permit to remove any said improvements to include inspections, and certificate of completion within 90 days (April 22, 2009). 3 tt* OR: 4425 PG: 0520 ttt 2. That if the Respondents do not comply with paragraph I of the Order of the Board by April 22, 2009, then there will be a fine of $1 00 per day for each day until the violation is abated, 3. 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 order. 4. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perfonn the site inspection. 5. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of $86.71 within 30 days. Any aggrieved party may appeal a final order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ay ofC\Q Y" , 2009 at Collier County, Florida. ~ CODE ENFORCEMENT OARD/ COL COUN, F O~.' ~~... KRISTINE HOLTON W/~'J b.-~ t.\'l COMMISSION' DO 6865.95 ~ . EXPIRES: June 18.2011 . Bonded ThN IloWY Nlic \JndIIWlIII" . CERTIFICATE OF SERVICE Slate 01 fLOR1DA :oumy of COLUER I HEREBY CERTIFY THATthiI Is....... .orrect cooy ot j ooeUi11eat on me In oa rd M i nlJt6S' and- R~_.,Df Collier 11- , \f.!.T~SS ~v ~'nd'j)fff*1 SlII tbII .2.::.. a~ of ~ ~ " . ')WIG . BR()C;;X... . .F CGUIl1I , . :~. I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to James Patrick and Laura S. Guerrero,2038 Fainnont Lane, Naples, FL 34120 this~ day of ~ ' , 2009. , ( . .~ / 7 1<---:1 ~t.?1 lJ C_~~ M. Jean R~on, Esq. .f~rida Bar No. 750311 f\tlomey for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 .... T ~ - 4 COLLIER COUNTY~ FLORIDA CODE ENFORCEMENT BOARD CEB CASE NO. CESD20080008804 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Petitioner vs. James P. and Laura S. Guerrero, Defendant(s) AFFIDAVIT OF NON-COMPLIANCE ST ATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Cristina Perez, Code Enforcement Official for the Code Enforcement Board of Collier County, who after being fully sworn, deposes and says: 1. That on January 22, 2009, the Code Enforcement Board held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to apply for and obtain a Collier County Building Permit for such improvements and obtaining all required inspections and receiving a certificate or completion OR by obtaining a Collier County Demolition Permit to remove'any said improvements to include inspections, and certificate of completion within 90 days as stated in the Order recorded in the public records of Collier County, Florida in OR Book 4425 PG 0519. 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on April 23, 2009. 4. That the re-inspection revealed that the corrective action ordered by the Code Enforcement Board was not in compliance with the following conditions: the structure remains on site, no permits have been applied for or obtained. FURTHER AFFIANT SA YETH NOT. Dated May 11,2009. Cristina Perez Code Enforcement OffiCIal STATE OF FLORIDA COUNTY OF COLLIER ) and subscribed before me this 11 th day of May 2009 by Cristina Perez. i~"a\. Notary Public State of Florida . . Colleen Davidson ~ ;I My Commission 00558435 OF f\: Expires 05130120 1 0 (Print/Type/Stamp Commissioned Name of Notary Public) Personally known ..J REV 1/9/08 6 15 v CODE ENFORCEMENT — COLLIER COUNTY, FLORIDA Code Enforcement Board Case: CESD20080008804 JAMES P. & LAURA S. GUERRERO, Respondents, vs. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff REQUEST FOR CONTINUANCE PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, respondents, James P. Guerrero and Laura S. Guerrero, request a continuance of one hundred and eighty (180) days. The respondents present the following premises for this request. Whereas the respondents did not receive notice of the initial hearing and present evidence in person and it was the respondents intent to do so, and Whereas the subject property (manufactured building) is vacated and never has been lived in nor will be lived in unless a permit is issued, and Whereas the property is well secured as to the security of the doors and windows and locked, and Whereas the respondents always check the property on a day-to-day basis, and Page 1 of 2 Whereas the property is fenced and gated with a lock, and Whereas a pre-application meeting with the Collier County has been pre-approved for a Site Development Plan involving an Aquaculture Operation on the subject property, and Whereas the respondents need more time to do one of the following options with the subject property: (1) sell the property or (2) incorporate the property as a residence to assist in operating the aquaculture plan, Therefore, the respondents respectfully request a continuance of one hundred and eighty (180) days, so that the respondents will have the required time to carry out the options in a time of the economy when it is difficult to sell property and acquire income and capital. el 7 i Jalmes P. Guerrero, for .--'James P. & Laura S. Guerrero 4421 Steinbeck Way Ave Maria, Florida 34142 (239) 206-1007 Telephone Page 2 of 2 irktfor ?pp8 CODE ENFORCEMENT — COLLIER COUNTY, FLORIDA Code Enforcement Board Case: CESD20080008804 JAMES P. & LAURA S. GUERRERO, Respondents, vs. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff REQUEST FOR CONTINUANCE PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, respondents, James P. Guerrero and Laura S. Guerrero, request a continuance of one hundred and eighty (180) days. The respondents present the following premises for this request. Whereas the respondents did not receive notice of the initial hearing and present evidence in person and it was the respondents intent to do so, and Whereas the subject property (manufactured building) is vacated and never has been lived in nor will be lived in unless a permit is issued, and Whereas the property is well secured as to the security of the doors and windows and locked, and Whereas the respondents always check the property on a day-to-day basis, and Page 1 of 2 Whereas the property is fenced and gated with a lock, and Whereas a pre-application meeting with the Collier County has been pre-approved for a Site Development Plan involving an Aquaculture Operation on the subject property, and Whereas the respondents need more time to do one of the following options with the subject property: (1) sell the property or (2) incorporate the property as a residence to assist in operating the aquaculture plan, Therefore, the respondents respectfully request a continuance of one hundred and eighty (180) days, so that the respondents will have the required time to carry out the options in a time of the economy when it is difficult to sell property and acquire income and capital. < -? (1 l r J mes P. Guerrero, for ---'James P. & Laura S. Guerrero 4421 Steinbeck Way Ave Maria, Florida 34142 (239) 206-1007 Telephone Page 2 of 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Z4, 5& - e--/)4.444.0 (Q s: G✓r c‹.6--/sre.'7 MAILING ADDRESS / THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMI I I'EE ON /v 6 �Q f Atr ��etr l'" 1,2,61-47 WHICH I SERVE IS A UNIT OF: / ❑CITY l COUNTY ❑OTHER LOCAL AGENCY CITY COU J �� ;r/1-0 � /J NAME OF POLITICAL SUBDIVISION: DATE ON WHICH OTE O CURRED ` MY POSITION IS: d 2 CI ELECTIVE Et/APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, /) /aLi) /4d-, ✓ hereby disclose that on c 2� Q / ,20 • (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: /5 gil,P v/`/*] MtJS . t/t& /' e S oc 8 OGa cF(F07 4 o 4`"J r S/ -°�-�� A"�"� 6.0 4,t-' A -- 3---Ac0 V Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.1/2000 PAGE 2 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080008804 vs. GUERRERO, JAMES P & LAURA S, 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: OS/28/2009 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: 1965 Platt RD Naples, FL SERVED: GUERRERO, JAMES P & LAURA S, Respondent Cristina Perez, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and 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 FACIUTIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM lAM I TRAIL, NAPLES FLORIOA 34112 (239)774-8800; ASSISTEO 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 18 audiencia y usted sera responsable de proveer su propio traductor. para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. ~ TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Reinhard Marton, Respondent DEPTNo. CESD20080010163 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) lOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CESD20080010163 vs. REINHARD MARTON, 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 Activities Prior to Permit22-26(b)(104.1.3.5) VIOLATION: LOCATION OF VIOLATION: 3107 Cottage Grove AVE Naples, FL SERVED: Reinhard Marton, Respondent Thomas Keegan, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST T AMIAMI TRAIL NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comWlicaciones de este evento. por favor traiga su propio traductor. 1.. COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. CESD20080010163 Board of County Commissioners vs. Reinhard Marton, Respondent(s) Violation(s): Collier County Ordinance 04-41, the Land Development Code, as amended, Sections 1O.02.06(B)(1)(a) and section 10.02.06(B)(1)(e), and the Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, Section 22-26(b) (104.1.3.5) Location: 4107 Cottage Grove Avenue Naples, FL Folio # 23370360004 Description: Un-permitted demolition of approximately 30' x 10' structure and an un- permitted 10' x 10' structure rebuilt without first obtaining Collier County approval, required permits, inspections and Certificate of Completion 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 1373, for more information. The Respondent has not complied with the CEB Orders as of May 28, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $6.087.57. See below. Order Item # 1 and Order Item # 2 Fines at a rate of $200.00 per day for the period between April 28, 2009- May 28, 2009 (30 days) for the total of $6.000.00. Fines continue to accrue. Order Item # 5 Operational Costs of $87.57 have not been paid. C{ CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. CESD20080010163 vs. REINHARD MARTON, Respondent FINDINGS OF FACT, CONCLUSIONS OF LA W AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on February 26,2009, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: 1. That Reinhard Marton is the owner of the subject property. ? That the Code Enforcement Board has jurisdiction of the person of the Respondent and that the Respondent, having been duly notified, appeared at the public hearing and entered into a Stipulation. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 4107 Cottage Grove Avenue, Naples, FL, Folio 23370360004, more particularly described as Lots 12 and 13 and the East Y2 of Lot 14, BA VIEW PARK, according to the plat thereof, as recorded in Plat Book 4, Page 24, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, the Land Developrnent Code, as amended, sections 1O.02.06(B)(1 )(a) and section I 0.02.06(B)( J)( e), and the Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, Section 22-26(b)( I 04.1.3.5) in the following particulars: Un-permitted demolition of approximately 30' x 10' structure and an un-permitted 15 x 10' structure rebuilt without first obtaining Collier County approval, required permits, inspections and Certificate of Completion. ORDER OF THE BOARD Based upon the foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier County Ordinance No. 04-41, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Land Development Code, as amended, sections 1 0.02.06(B)( I )(a) and section] 0.02.06(B)( 1)( e), and the Collier County Code of Laws, Chapter 22, Building and Building Regulations, Article II, Section 22-26(b)(1 04. 1.3.5) be corrected in the following manner: I. By obtaining all necessary permits, inspections and certificate of completion within 60 days (April 27, 2009). ~t--f ~~ .....a == 0 CD -a~t='C"""t" :z: t:Id b;:I :3 ~.::o .... o "" c...., _ :z: "" -- :z: ..... 0 r.> :>Q :s: "" r.> >' "" l:"" :c l::J "" :>Q :z: C> ~ :z: :>Q ="" L.o.> r.> _0 .- :>Q _l::J -"" ..... l::J ~ .-. w:::::.. ""::s ~ ... rt" ~ rt" ~ c:> (..U c:::> ~ .- = 0 .. - =- ...... ..... >' r.> :z: !;;: C> ~ t:- :::0 ..... :>Q (~ Dd ::= r.> '-3 g ...r::=- ~:;:;: ...r::=- = C> (..U "'" H"o ...r::=- o (~ r.> "" 0 0-0 ~ g:: G"l r.> ..... L- "'" "'" :>Q "" "" r.> ~ g(..U ~~ ..... (..U .... l:"" :>Q .... r.> - .... .... ..... ...... <:::> .:=> 6 OR: 4434 PG: 1374 2. That if the Respondent does not comply with paragraph 1 of the Order of the Board by April 27, 2009, then there will be a fine of $200 per day for each day until such time as the unpermitted construction/remodeling has been permitted, inspected and CO'ed. 3. That the Respondent is to notify Code Enforcement officials that the violation has been abated within 24 hours of abatement and request the Investigator to come out and perform the site inspection. 4. That if the Respondent fails to abate the violation, the county may abate the violation and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this order. 5. That the Respondent is ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$87.57 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 review of the record created within. Filing an Appeal shall not stay the Board's Order. ;? e.r') ^, DONE AND ORDERED this 2- day of f\\/.~, 2009 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLI COUNTY, FLOR f\ STATE OF FLORlDA ) )SS: COUNTY OF COLLIER) ., ;) The foregoing instrument was acknowledged before me this 3v day of ,I, (l.l{, k~ , 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or / who has produced a Florida Driver's License as identification. ,...~...." KRISTINE H()I~TON .',tf: pp. '. 595 /~:&""''f< MY COMMISSION II DD 686 ~*~ ::~ EXPIRES: June 18,2011 ~. .-Q.. . "':!,;,.....1i:'..... Bondoct Thr.J Notary PubUc UndalWrltars 'F"Rfllfr,\\ .... I - K.\.,V"}t~V)~ ,~ 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 Reinhard Malion, 2620 Fountain View Circle, #208, Naples, FL 34109 this L-i~'l- day of () )CvW" 2009. 10 __ I~~ it M. Jean Florid ar No. 750311 Attomey for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 )~af€OI f ...Oiiu.>^ ~ountY of CO~~l~(::,:,_ :, .,. "., (~. I HEREBY.:~ERTIFYTHAT this........ ~orrect cppy ,qr a, i:10Ci.1t:}::;nt:~n file in rioard M~00tts,.ar.rJ m-,c~F,i;~dfColIIar be sill "'lITf\! ES~'-m. N . riR,P9 ,--.!;:~~~.seat thfl ~O!i'fof'~&i~ --- . "G',.., ,-----:--". . ..,...~"'l " ;-..' T E. Boocr</c:uiRK OF coum ~ ..8.,0. .......-- - 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida @ Petitioner, vs. Case No. CESD20080010163 Reinhard Marton Respondent( s), STIPULATION/AGREEMENT COMES NOW, the undersigned, Reinhard Marton, 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 CESD20080010163 dated the 10th day of July, 2008. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for J~"l 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. Unpermitted demolition of approximately 30ft x 1 Oft structure and a unpermitted 15ft x 1 Oft structure rebuilt without first obtaining Collier County approval, required permits, inspections and certificate of completion THEREFORE, it is agreed between the parties that the Respondent shall; 1 ) Pay operational costs in the amount of $ S7,s-] incurred in the prosecution of this case within 30 days of this hearing. ::>E- :+ :+ 2) Abate all violations by: Obtaining all ne,cessary permits, inspections and certificate of c> completion within Co () days of this hearing or a fine of $ ~~ a day will be ::d ~ imposed until the violation is abated. ~ c.....> 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 wor1<weelc. If the violation is abated 24 hours prior to a Saturday, Sunday or legal holiday, then the notification must be made on the nex! day that is not a Saturday, Sunday or legal holiday.) ~ c.....> --.J Ln 4) That if th Respondent fails to abate the violation the County may abate the violation and may use istance of the Collier County Sheriff's Office to enforce the provisions of this a em 1. R/fondent 6r Representative (sign) ~/Nto~oI MIJRrtJ;J Respondent or Representative (print) ~~. Diane ,. i~ o/if.?,fo:pm I $~t ~./7~~ I ate I :+ * :+ 02 b-ti /2dOQ Date .I ! REV 12/:5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Bart & Sandi Chernoff, Respondent DEPT No. 2006030500 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-15 16 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2006030500 vs. CHERNOFF, BART & SANDI, Respondent(s) NOTICE OF HEARING IMPOSITION OF FINES PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 07-44, you are hereby ordered to appear at a public hearing before the Code Enforcement Board on the following date, time, and place for the violation below: DATE: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: BUILDING PERMIT AND CERTIFICATE OF OCCUPANCYzon-PROP-2.7.6.1 LOCATION OF VIOLATION: 840 7th ST NW Naples, FL SERVED: CHERNOFF, BART & SANDI, Respondent Ed Morad, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAM lAM I TRAIL, NAPLES FLORIDA 34112 (239)774-8800; ASSISTED LISTENING OEVICES FOR THE HEARING IMPAIREO ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. Servicios the traduccion no seran disponibles en 18 audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Por favor traiga su propio traductor. :1 COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2007-105 DEP ARTMENT CASE NO. 2006030500 Board of County Commissioners vs. Bart and Sandi Chernoff Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 1 0.02.06(B)(1 )(a), 1 0.02.06(B)(I)( d), 1 0.02.06(B)(1)( d)(i)(renumbered as 10.02.06(B)(1)(e)(i)), Collier County Code of Laws and Ordinances, Section 22, Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code, 2004 Edition, Sections 105.1 and 111.1 Location: 840 7th Street NW Naples, FL 34120 Folio # 37111400009 Description: Improvement of property without valid Collier County Building Permits Past Order(s): On October 25th, 2007, the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4298 PG 0670, for more information. Five orders granting extensions of time were also entered as OR 4347 PG 0569, OR 4376 PG 0283, OR 4407 PG 1759, OR 4425 PG 0497 and OR 4442 PG 2261. The Respondent has not complied with the CEB Orders as of May 28, 2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $600.00 See below. Order Item # 1 and Order Item # 3 Fines at a rate of $200.00 per day for the period between May 26, 2009- May 28, 2009 (3 days) for the total of $600.00. Fines continue to accrue. Order Item #6 Operational Costs of $463.99 have been paid. Q letn: COOl IIPORCIHIH' 2800 N HORSISHOB DR lAP LIS PL 34104 4090448 OR: 4298 PG: 0670 RBCORDBD in the OlPICIAL R!CORDS of COLLI!R eoulTY, lL 11/01/2007 at 11:09AM DWIGHT B. BROCE, CLIII DClII 27.00 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 vs. BART AND SANDI CHERNOFF, Respondents I J. That Bart and Sandi Che 0 007, and the Board, having heard te matters, thereupon issues its THIS CAUSE came on for public hearin testimony under oath, received eviden Findings offact, Conclusions of La , an 2. That the Code Enforcem pc n of spondents and that the Respondents, having been duly not . g n and by Attorney Colleen McAllister. Counsel for Responden I... e f4 e t. 3. That the Respondents were not y e date ofhearin (\j~ ed mail and by posting. 4. That the real property located at 840 .wJ e , Florida 34120, Folio 371114??oo9 more particularly described as The North 150 feet of Tract 20, LDEN GATE ESTATES, UNIT NO. II, according to the Plat thereof recorded at Plat Book 4, Pages 103 and 104, of the Public Records of Collier County, Florida is in violation of Collier County Ordinance 04-41, as amended, The Collier County Land Development Code, sections IO.02.06(BXIXa), 10.02.06(BXIXd), 10.02.06(BXIXdXi) (renumbered as 10.02.06(BXIXeXi)), Collier County Code of Laws and Ordinances, Section 22, Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code, 2004 Edition, Sections 105.1 and 111.1 in the following particulars: Improvement of property without valid Collier County Building Pennits. 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, as amended, The Collier County Land Development Code, sections 1O.02.06(BXI)(a), 10.02.06(BXI)(d), 1O.02.06(BXIXd)(i)(renumbered as I 0.02.06(BXI Xe)(i)), Collier County Code of Laws and Ordinances, Section 22, Article II, 102.11.1 and 104.1.3.5 and the Florida Building Code, 2004 Edition, Sections 105.1 and 111.1 be corrected in the following manner: 3 OR: 4298 PG: 0671 I. By obtaining all required Collier County Building Permits, Inspections, and Certificate of Occupancy and/or Certificate of Completion for all non-permitted improvements on the propertY within 180 days (April 22, 2008). 2. In the alternative, by obtaining a Collier County Demolition Permit and by removing all non- permitted improvements, obtaining all required inspections and Certificate of Completion within 180 days (April 22, 2008). 3. That if the Respondents do not comply with paragraph 1 of the Order of the Board by April 22, 2008, then there will be a fine of $200 per day for each day for each day the violation remains. 4. That if the Respondents do not comply with paragraph 2 of the Order of the Board by April 22, 2008, then there will be a fine of$200 per day for each day the violation remains. 5. That the Respondents are to notify Code Enforcement officials that the violation has been abated and request the Investigator to come out and perform the site inspection. 6. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$536.00 within 30 days. Any aggrieved party may appeal a final order ofthe Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal s 'ng de novo, but shall be limited to appellate review of the record created within. Filing oard's Order. STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) DONE AND ORDERED this Florida. KRIST1NE HOlTON MY COMMISSION' DO 686595 EXPIRES: June 18, 2011 \lcnd8d ThN NolaIy PId: lJndeIWliI8lt ~~ N TARY PUBLIC My commission expires: stata 01 FLORlDl ))untY of cowtR I H ERE8Y CERTI FY .THAT this Is a tnJe .,., ""l:! In correct copy at a :OOC1"I1".~~~ .~n.llr~ Boord Minutes C1il:i ;":' ., '. ,.i .):nlor Count) rs'!fESS m~' :lGW<<r\ v:irnl this day of ~, .....', __ I 2X>bt , .. ~. IlWIGHT E. BROC,K, CLERK OF COURTS lilt ~ W.l : D.C. ---~. '"." ..- -.....:,.) ',', ..~~_:.::;~Wf.';~; 4 *** OR: 4298 PG: 0672 *t* CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Burt and Sandi Chernoff, 840 7th Street N.\}- Naples, FL 34120 and to Colleen McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 this~dayofD~2007. on, Esq. Florida B o. 750311 Attorney for the Code Enforcement Board 400 Fifth A venue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 (5 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORlDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA, Petitioner, CEB NO. 2007-105 VS. BART AND SANDI CHERNOFF, Respondents ORDER ON MOTION FOR EXTENSION OF TIME Based upon the foregoin an Collier County Ordinance No. 92- Ot i . r That the Respondents' Motion for 90 additional days. No additional ext ndents are granted an extension of Bents. B 4149434 OR: 4347 PG: 0569 RBCORDBD in OFFICIAL RBCORDS of COLLIIR COURTY, lL 04/08/2008 at 11:22AM DWIGHT B. BROCK, CLBRK RBC FBI 18.50 Retn:INTBR OFFICI COD I BI10RCBKBIT B MARKU 252 5892 (0 *** OR: 4347 PG: 0570 ttt STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 2rJPday of Aorl' I , 2001. by Gerald LeFebvre, Chair of the Code Enforcement Board of Collier Count;."Ffo"nda, who IS _ personally known to me or -L. who has produced a Florida Driver's License as identification. ICIISI'IE H(11ON ~~~ MY~'DD686595 . ~ i1 EXPtRES:J\Ile 18, ~11 . . . ec.llIed nw ~ NIle lJIldIlWIlIer$ NOTARY PUBLIC My commission expires: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct co of this ORDER has been sent by U. S, Mail to Burt and Sandi Chernoff, 840 th Street N.W., Naples, F n McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 this ~ day of !V~ ~ ./) f ~ .... at..... ~unl1 of coLUtlt _._-~..__.~, ---.W":'/: ..., . . . '. '. '., ,'. I. I HEREBY CERn~i THAT thiS Is . true ..... ,}' ':orrect copy at a aocument on file In' Board Mrnutes and Recoras of COIII~r Count) ~~~ my h~.a om' I seal this (jay of .' , :' ., .' ~WIGHT Eo BROt.K, CLERK OF c9u~ ~ ""..J w'.. .,.~ "'. '::f. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 \'5. BART AND SANDI CHERNOFF, Respondents I ORDER ON MOTION FOR EXTENSION OF TIME 162, Florida Statutes, and time to September 25, 2008. Board me . Florida. =--....n_ :I=~:=' --.....1:1I .. SIll ...... .. 0_ tIlII ... ,.. .,.. ... .....n ",no .... _ c:I f;: = - = .n "" 0 a :;: - - ... ,.. -- .....n _0 ~r3 -- .... II:' ~o--~ - 1:1I ..- Do ... 00 ... =- C7'\ ::: 0 0"\ .. ... 0"\ ~~~ _n - !;: C) ~ ..... ::IICII ...... = .. ~ ...B~ !""~~ tIlII 0 --..J ~ ..... 0"\ nn !'" ~ ~ n~G'l .....- -- ,.. ,... n c:::> o~ eOO -~ ... - ,.. - n ... - - - - .... - ~ STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this \ S-r day of ~ ' 2007, by Gerald LeFebvre. Chair of the Code Enforcement Board of Collier County, rida, who is ___ personally known to me or c./' who has produced a Florida Driver's License as identification. ~ \+tL~ NOTARY PUBLIC My commission expires: KRISl1NE HOLTON MY caAMlSSION . DO 686595 EXPIRES: June 18.2011 IlondId 1lIlu NoIaIy PubIc lJnde:MUn CERTIFICATE OF SERVICE . ,._._--~ .,~ State fI A.ORIM ;oumy of COWER , HEREBY CERT'~1y<<AT thiS Is . .- ~rrlCl CoDY.;.poelJ~ on file In doIrd "' '~a.' . of~lUer Count) . a ',. n:a. ',' ~ fft( s " . . toY. of) . . ,0. ..... :;MIGHT.... eROC;K. C!.EB'OFCOURTS 7' ., lit ' .' - I&~ - Ai. _ ". ". * C> ~ 00J:a0 tA) --:I ~ .-a G"l c:::> ~ co 00J:a0 * ". * q Retn: COLLIBR COUITY CODI INPRCIHT IITBROPlICI AfTI: JIB WALDROI 4231964 OR: 4407 PG: 1759 RBCORDID in tbe OPPICIAL RICORDS of COLLIIR COUITY, PL 11/13/2008 at 03:34PI DWIGHT I. BROCI, CLBRI RIC PII 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 vs. BART AND SANDI CHERNOFF, Respondents / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on October 31,2008, on the Respondents' C~ premises, hereby GRANTS the said 162, Florida Statutes, and Collier County Ordinance No. 92- (,')t' t""' That the Respondents ~ n for Extension ofTi The Respondents are granted an extension of time for 90 additional day. Xo 'Pr-, Any aggrieved party may appeal a larlfer the execution of the Order appealed. An appeal slia . ng de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. \l,l-- ~ DONE AND ORDERED this ~ day of ~CV" 2008 at Collier County, Florida. CODE ENFORCEMENT BOARD COLL COUNTY, FLORID Slat. 01 fLOltlM . ...., f1I COW'" . . ~ , I- I - ,.i . ."do, - .' . -0./.' , HER!ft~CERT'~ II....... ..,. OOIW or,. . '. _ ft. fit ao.rd .uta. and ~eCorogf COt... eo.It NI'3~E" f'lW nano and oI!OIIf ... tbIt _ .,f)f"~~~ ... ~. ~WlGHT !. '8R0f4CLbK OF COUIII "~IA ~. - 10 ---- *** OR: 4407 PG: 1760 *** ST ATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this ( ~ '~day of ~ 0"': l'" .~b c. f' , 2007, 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. ~. ...._-. ...:::~; ::', i..... . '.'""- :.: "." . ~~~~:.. ~.........' .~.. .. \< \A~~L.t ~ft.,~ NOTARY UBLIC My commission expires: "......"" tcIIS1IE. HOLlON i'l>:~"~ MY~' DO 686S95 ~il::: EXPIRES: June \8,201\ ?f,4t.iff.t-JI Bcnded'Tllll NClIarY Nlic \JnlIIlWlIIIS KRISTINE W~. ref' '.. .....~...~.':-;L... .;'t" ,uIRESju,(.l,i 2CQ: ~~ :'.; f :=.~,~",' ;"''..:):1.. IY ::.;r....', -~ .:- -'-...... CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Burt and Sandi Chernoff, 840 7th Street N.W., Naples, FL 34120 0 Colleen McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 this I r,>4-v. day of - , ~ U O'Vy !Vp U II Retn: CODI IRPotCl..., SPICIALIS' Iml OllICl\ III IlLD10I 252-2144 4257930 OR: 4425 PG: 0497 RlCORDID in the OFFICIAL RICORDS of COLLIIR COUIfY. FL RJC III 02/04/2009 at 02:56PM DWIGHT I. BRoer. eLitE 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 VS. BART AND SANDI CHERNOFF, Respondents / ORDER ON MOTION FOR EXTENSION OF TIME THIS CAUSE came on for public hearing before the Board on January 22, 2009, on the Respondents' C State 01 ft.Oitl&>A ~unty or COLLIER I HEREBY CERTIFY THAT thts Is. tnII_ -:orrect CODY or a aocumef1t on file fn Board Minutes ~~\~C:O.~. ~~1I1er CoInIt NIT"+fSS IrlV ~'~' this ~ oayot . ,~ c.:-~ rf I"' ~: ~:J 'WI~ E. .>~~_OF;-- AN"" ~ . '.' (. .'. ,. :\~\:, 162, Florida Statutes, and The Respondents are granted an }Q ttt OR: 4425 PG: 0498 ttt STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this )~y of ~~ , 2009, by Gerald LeFebvre, Chair of the Code Enforcement Board of~;County, rida, who is _ personally known to me or ./ who has produced a Florida Driver's License as identification. !; .......... KRISllNE HOLTON !:~ W{ii'j ~~ MY COMMISSION · DO 686595 I~ ..{ 11 EXPIRES: June 18.2011. I Bonded ThnJ NdIl'I N*: \JndlllWliIIII " CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Burt and Sandi Chernoff, 840 th Street N.W., Naples, FL 34120 a 0 Colleen McAllister, Esq., 5147 Castello Drive, Naples, Florida 34103 this ~day of '~bu t- !V~~ ~~ 13 letn: COLLIll COUlff COOl III ImlornCI Am: JlI I1LDIOI 4281514 OR: 4442 PG: 2261 RlCORDID in the OfrICIAL RICORDS of COLLIIR COUITY, lL 04/09/2009 at 09:0911 DIIGH! B. BROCI, CLIRt lie III 18.50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2007-105 vs. BART AND SANDI CHERNOFF, Respondents / ORDER ON MOTION FOR EXTENSION OF TIME premises, hereby GRANTS the said matter, and being duly advised in the ~ apt r 162, Florida Statutes, and The Respondents are granted an ~UP. CJI f ..o,,'U^ :oumyofCOWER , HEREBY CERTIFY THAT Uns II . eua.- >>rreGt copy ot. CSGC1ft!~n~~ ID ~. Baerd Minutes and~ ot~":..r. ~ WD'NSS-.ana=.. ., ~OI . qr.Jt ! .;;.. ~~ ~ .~''', ' i .... ~ /4 *** OR: 4442 PG: 2262 *** ST ATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me this 3 i:oday of n-~ ' 2009, by Gerald Lefebvre, Chair of the Code Enforcement Board of Collier County, Florida, who is _ personally known to me or V who has produced a Florida Driver's License as identification. :.~........ ~~ NOTARY PUBLIC My commission expires: ICRIS1IE HOlTON . _ MY C()MM1SSION . DO 686595 :~ EXPIRES: June 18.2011 BcndId""" IIcMIY NlIC underwrile~ CERTIFICATE OF SERVICE Jo TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Genel Bricius & Dieumila Faugue, Respondent DEPT No. CEPM20080004430 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit(s) IOF Table of Contents PAGE(S) 1 2 3-5 6 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: CEPM20080004430 vs. BRICIUS, GENEL & DIEUMILA FAUGUE, 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: Smoke Detectors - Dwelling22-231 (20) LOCATION OF VIOLATION: 2730 Pine ST UnitA Naples, FL SERVED: BRICIUS, GENEL & DIEUMILA FAUGUE, Respondent Joseph Mucha, 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 NEEOS ANY ACCOMMOOATION IN ORDER TO PARTICIPATE IN THIS PROCEEotNG, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE, PLEASE CONTACT THE COlliER COUNTY FACILITIES MANAGEMENT OEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES FlORIOA 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 disponibJes en la audiencia y usted sera responsable de proveer su propio traductor, para un mejor entendimiento con las comunicaciones de este evento. Par favor traiga su propio traductor. :l COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINESILIEN CEB CASE NO. CEPM20080004430 Board of County Commissioners vs. Genel Bricius & Dieumila Faugue, Respondent(s) Violation(s): Collier County Code of Laws & Ordinances, Article VI, Sections 22-228(B) and 22-231, subsections 9, 11, 12i, 12p, 19band20 Location: 2730 Pine Street, Unit A, Naples, FL Folio # 48730280000 Description: Property maintenance and housing violations for a duplex that a duplex that has been converted to four rental units without permits. Past Order(s): On July 31, 2008 the Code Enforcement Board issued a Findings of Fact, Conclusion of Law and Order. The Respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached Order of the Board, OR 4385 PG 0702, for more information. The Respondent has complied with the CEB Orders as of August 8, 2008. RECOMMENDA TION(S) Issue an Order Imposing Lien in the amount of $91.40. See below. Order Item # 4 Operational Costs of $91.40 have not been paid. @ 4198661 OR: 4385 PG: 0702 UCORDID in O'PICIlL RlCORDS of COLLIIR Com!, 'L 08/11/2008 at 08:53AM niIGH' I. BROCI, CLIRI RlC'II 27.00 Retn:IIfIR OPPICI CODI 1.'ORClon JII VALDROI 252 2444 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, F LORJDA, Petitioner, CEB NO. CEPM20080004430 vs. GENEL BRICIUS AND DIEUMILA F AUGUE, Respondents / THIS CAUSE came on for public testimony under oath, I't~ceived e Findings of Fact, Conchs ions La I. That Genel Bri ;:ius 3. Property maintenance and housing violations for a duplex that has been converted to four rental units without permits. ORDER OF THE BOARD Based upon th(~ foregoing Findings of Fact and Conclusions of Law, to the Stipulation attached hereto and incorporated herein, and to the authority granted in Chapter 162, Florida Statutes, and Collier Couney Ordinance No. 04-41, it is hereby ORDERED: That the yiolatons of Collier County Code of Laws and Ordinances, Article VI, Sections n-228(B) and 22-231, subsections 9, II, 12i, I2p, 19b and 20 be corrected in the following manner: I. By correcting all property maintenance yiolation by providing light fixture or coyer plate for exposed wires in ceiling of bedroom in Unit A, repairing exterior light fixtures for Units A and B, repairing lole in interior wall for Unit B, repairirg damaged shower wall for Unit B, repairing kitchen window for Unit B,ensuring all 3 OR: 4385 PG: 0703 electrical outlets have cover plates for Unit B, and providing operable smoke detector for Unit B by August 7, 2008. 2. That if the Respondents do not comply with paragraph 1 of the Order of the Board by August 7,2008, then there will be a fine of$250 per day for each day until such time as the 3. That the Respondents are to notify Code Enforcement officials that the violation has been abated within 24 hours of abat('ment and request the Investigator to come out and perform the site inspection. 4. That the Respondents are ordered to pay all operational costs incurred in the prosecution of this Case in the amount of$91.40within 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 Orcer appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review ofthe record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this ~ day of n II 0/ ,2008 at Collier County, Florida. ~ CODE ENFORC MENT BOARD COLLIER CO TV, FLORIDA ~ ......:;::'!o.~.. KRISTINE HOl. TON !.'?;-~~;. MY COMMISSION' DO 686595 ~~'&l.j EXPIRES: June 18. 2011 ~.:;'F.r:~~'''- bcnde(. Thf\I Notary NIle UndIIwriters yof ~li)t_, Collier Coun ,Flonda, who is r's License as identification. STATE OF FLORIDA ) )S COUNTY OF COLLIER) The foregoing ins 2008, by Richard Kraenbrin ,. _ personally known to CERTIFICATE OF SERVICE I HEREBY CE RTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Genel Bricius and Dieumila FlIugue, 3615 Boca Ciega Drive, #212, Naples, FL 34112 this ~ day Of~ G 2008. j1)0:LM1 ~ M. Je~wson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 4 BOARD OF COUNTY COMMISSIONERS Collier County, Florida *** OR: 4385 PG: 0704 *** Petitioner, Vs. DEPT NO. CEPM200B0004430 Genel Bricius and Dieumila Faugue Respondent(s), STIPULA TION/AGREEMENT COMES NOW, the undersigned, Genel Bricius and Dieumila Faugue, enter into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference (case) number CEPM20080004430 dated the 7th day of April, 200B. 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 July 31st, 2008; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agrees as follows: 1) The violations noted in the referenced Notice of Violation are accurate and I stipulate to their existence. rdinances, Article VI, Section 22- 2) The violations are that of Collier 231 Subsections 9, 12i, 12p, a (j rental units located on this pr e THEREFORE, tt is agreed betw en e pa ~ e 1) Pay operational costs in the ~ n $9. incu 2) Abate all violations by: ~ 0 Correcting all property main ight fixture or cover plate for exposed wires in ceiling of bedroom in 19ht fixtures for units A and B, repairing hole in interior wall for unit B, rep . . er wall for unit B, repairing kitchen window for unit B, ensuring all electrical outlets have cover plates for unit B, and providing operable smoke detector for unit B. All property maintenance violations must be corrected by August 7tl1, 2008, or a fine of $250 a day until all violations are corrected. 3) Respondent must notify Code Enforcement that the violation has been abated and request the . Investigalorto come out and ;rform a stte inspect~ ~ ~~~ I! Respondent F." iane Flagg, Director Code Enforcement Department 7 /?Jo 10<6 ~, . A.--<,:/q espondent '- Date REV 711108 (5 TABLE OF CONTENTS Board of County Commissioners of Collier County, Florida Vs. Steve Loveless, Respondent DEPT No. 2005091054 Request for Imposition of Fines ITEM Notice of Hearing (Imposition of Fines) Executive Summary Past Orders of the Board Affidavit( s) IOF Table of Contents PAGE(S) 1 2 3-9 10-11 12/15/05 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Code Enforcement Board BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Plaintiff, Case: 2005091054 vs. LOVELESS, STEVE, 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: OS/28/2009 TIME: 09:00 AM PLACE: 3301 Tamiami Trail East Building F, Naples, FL 34112 VIOLATION: 04-41 Sec.10.02.06(B)(1)(a), Sec. 10.02.06(B)(1)(d)(i) & 2002-01 Sec. 106.1.2, Sec. 106.3.1 LOCATION OF VIOLATION: 652 Soliel DR Naples, FL SERVED: LOVELESS, STEVE, Respondent Ron Martindale, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE. HEARINGS TO BEGIN AT 9:00 AM. PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and fifteen copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Code Enforcement Board at least five (5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 07-44 be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Jen Waldron COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2444 Telephone (239) 252-3917 Facsimile IF YOU ARE A PERSON WITH A OISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLEO, 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; ASSISTEO LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'OFFICE ' NOTIFICACION: Esta audiencia sera conducida en el idioma Ingles. SetVicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor, para W1 mejor entendimiento con las 1 - COLLIER COUNTY CODE ENFORCEMENT BOARD REQUEST FOR AN IMPOSITION OF FINES/LIEN CEB CASE NO. 2006-10 DEP ARTMENT CASE NO. 2005091054 Board of County Commissioners vs. Steve Loveless, Respondent(s) Violation(s): Ordinance(s) 04-41 as amended, Collier County Land Development Code Section 1O.02.06(B)(1)(a), & 10.02.06(B)(1)(d) and Collier County Ordinance 2002-01, the Building Code, section 106.1.2 and section 106.3.1 Location: 652 Soliel Drive Naples, FL Folio # 25700000408 Description: Occupy a new dwelling without a Certificate of Occupancy issued for the structure or swimming pool. Past Order(s): On March 23, 2006, 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 4009 PG 1130, for more information. One order denied for motion to continue OR 4009 PG 1120. An order for motion for re- hearing, which the board found that it had no jurisdiction to hear the case, see OR 4033 PG 2454. The Respondent has complied with the CEB Orders as of January 19,2009. RECOMMENDATION(S) Issue an Order Imposing Lien in the amount of $199.152.77 See below. Order Item # 1 and Order Item # 5 Fines at a rate of$100.00 per day for the period between April 8, 2006- January 19,2009 (1017 days) for the total of $101,700.00. Order Item # 2 and Order Item # 6 Fines at a rate of $1 00.00 per day for the period between May 23, 2006- January 19, 2009 (972 days) for the total of $97,200.00. Order Item #6 Operational Costs of $252.77 have not been paid. OJ ~ CODE ENFORCEMENT! S GARCIA 2800 N HORSESHOE DR NAPLES FL 34104 JO!"JO UK; ~VV~ r~; IlJV RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL RBC FEB 04/03!2006 at 09:41AM DWIGHT B, BROCK, CLERK 27,00 Retn: CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006-10 vs. STEVE LOVELESS, Respondent / FINDINGS OF FACT. CONCLUSIONS OF LAW AND ORDER OF THE BOARD THIS CAUSE came on for public hearing before the Board on March 23, 2006, and the Board, having heard testimony under oath, received evidence, and heard respective to all appropriate matters, thereupon issues its Findings of Fact, Conclusions of Law, and Order of the Board, as follows: FINDINGS OF FACT 1. That STEVE LOVELESS 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, failed to appear at the public hearing. 3. That the Respondent was notified of the date of hearing by certified mail and by posting. 4. That the real property located at 652 Soliel Drive, Naples, Florida Folio Number 25700000408, more particularly described as Lot 14, Casa Del Vida, according to the plat thereof, recorded in Plat Book 26, Pages 36 and 37 of the Public Records of Collier County, Florida, is in violation of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 1O.02.06(B)(1)(d) and Collier County Ordinance 2002-01, the Building Code, section 106.1.2 and section 106.3.lin the following particulars: Occupying a new dwelling without a Certificate of Occupancy issued for the structure or swimming pool. 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. 92-80, it is hereby ORDERED: That the violations of Collier County Ordinance 04-41, the Collier County Land Development Code, as amended, sections 10.02.06(B)(1)(a) and 1O.02.06(B)(1)(d) and Collier County Ordinance 2002-01, the Building Code, section 106.1.2 and section 106.3.1 be corrected in the following manner: 3 OR: 4009 PG: 1131 1. By vacating the premises within 15 days (April 7,2006); 2. By obtaining all required Collier County Building Permits, if attainable, and all required inspections, Including the Certificate of Occupancy to the structure and the swimming pool within 60 days (May 22, 2006); 3. In the alternative, by obtaining a demolition permit and removing the structure within 60 days (May 22, 2006). 5. That if the Respondent does not comply with paragraph 1 of the Order of the Board within 15 days (April 7,2006), then there will be a fine of$lOO per day for each day that the violation continues past that date. 6. That if the Respondent does not comply with paragraph 2 of the Order of the Board within 60 days (May 22, 2006), then there will be a fme of $100 per day for each day that the violation continues past that date. 4. That if, in the alternative, the Respondent does not comply with paragraph 3 of the Order of the Board within 60 days (May 22, 2006), then there will be a fme of $100 per day for each day that the violation continues past that date. 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, currently $252.77. 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 .;27(.-1 day of ,J3fN/, 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COL7lUNTY. FLO:A BY. t-V.A- I5rt~~ Sherry Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ~e foregoing instrument was acknowledged before me thisc9 7~y of m at,)A. , 2006 Y Sherry Barnett, Chair of the Code Enforcement Board of Collier County, Florida, who is personally known to me or _ who pr duced a Florida Drive' License as identification. NO Y PUBLIC My commission expires: :)tate 01 f LOPWJA ,eoUAty of COLLIER I1:fEREBY CERTIFV TH~T this is a true and correct copy of ~ d~~~1jt'lEWtt on me in Board Minutes z:nd RJ?ttr~~s rjf Collinr Count) wgrE~~:~ ~I this "L M (jdugno ,""I, Donn(1, 'uDD?3A494 ..\ :tP(J; 'I .' it '1 ::''&~''. .~(-b"_ commissIon . ,; "'007 -<"~', :: E . es' Aua \ 0., "" :' ~..- xplr. '" :'~', .,:,r~ - Bonded Thru . - -;". . rF' d. Co ,nc, "'/"OF f-.c;", Atlantic Bon tng " filII'" D.C. -------- 4 *** OR: 4009 PG: 1132 *** CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this O~R has be~tb); U. S. Mail to U. S. Mail to Steve Loveless, 652 Solie! Drive, Naples, FL 34110 this r:9) . day of aiJ-, 2006. /J'H40r ~'><>-- M. JeanRawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 :5 ~ Retn: CODB ENFORCEMENT/ S GARCIA 2BOO N HORSESHOE DR NAPLE S FL 34104 3812235 OR: 4009 PG: 1120 RECORDED in the OFFICIAL RECORDS of COLLIBR COUNTY, FL 04/03/2006 at 09:41AM DWIGHT B, BROCK, CLERK REC FEE 18,50 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006-10 vs. STEVE LOVELESS, Respondent I ORDER ON MOTION TO CONTINUE THIS CAUSE came on for public hearing before the Board on March 23,2006, on the Respondents' Motion to Continue, and the Board having heard considered the matter, and being duly advised in the premises, hereby DENIES 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 DENIED. Any aggrieved party may appeal a fmal order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo, but shall be limited to appellate review of the record created within. Filing an Appeal shall not stay the Board's Order. DONE AND ORDERED this :17rft day of '-/?1.~,l, 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BY: _<-IlL-- /i."tuur- Sherry Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 Is; *** OR: 4009 PG: 1121 *** STATEOFFLORIDA ) )ss: COUNTY OF COLLIER) The foregoing instrument was acknowledged before me thid11ay of ~~. , 2006, by Sherry Barnett, Chair of the Code Enforcement Board of Collier County, Flori , ho is ' personally known to me or _ who has produced a Florida Driver's License as identificatio . ModUgno Donna~' . DD134494 "'~~:~~~'" comm\SSlon # 0 'lOOt ,& . . C' _ . A.ug \ 0, ~"":~.".~ t)c..\,wes'. d ihru . -;"'. ~:<1- Bonde. Co InC. .").' 'Iii'''' . B ndmg, "' --';";";Of~~'" f>,t\antlC 0 " " It ~ \ CERTIFICATE OF SERVICE ^- NOTARY PUBLIC My commission expires: I HEREBY CERTIFY that a true and correc. t c~~, of this Ot7iR has been sent by U. S. Mail to Steve Loveless, 652 Soliel Drive, Naples, FL 34110 this C/' 7t-\!ay of "lr1f.J- ' 2006. . f e !-1') (~~~~/1 /' ,7 ~..-J M. Je;y{.Kawson, Esq. Florida Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 .state at F LOnUJA ,aoURl)' of COLLIER t HEREBY CERTIFY THAT ~hrs is a true and correct c!'>py ot a t'iOf;tlr;ierrt on me tn Bosrd Mmutes a..n.:1 P;.:~.t~:('$ of com~r Count) W~/~ESS my hM.~;,dJ ~ ~mi (.H~.':ltil e.~al this u day at J V\Ct~ . ~~"':..:..'~/.r"~~:V;";.F - r\ ...."t.;-' ~-\..< V . RTS ~ D.C. . !(:' .. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, Petitioner, CEB NO. 2006-10 3835444 OR: 4033 PG: 2454 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 05/09/2006 at 11:02AK DWIGHT E. BROCK, CLERK REC FBB 18.50 vs. STEVE LOVELESS, Respondent Retn:INTEROFFICB COLLIER COUNTY CODB BNFORCEKEN SHIRLEY K GARCIA 2800 N HORSESHOB DR CDBS BLDG ORDER ON MOTION FOR RE-HEARING / THIS CAUSE came on for public hearing before the Board on April 27, 2006, on the Respondents' Motion for Rehearing, and the Board having been advised that an Appeal has been filed in this matter FINDS that it has no jurisdiction to hear this case. 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 Code Enforcement Board has no jurisdiction to hear the matter since an Appeal is pending. 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 ofthe record created within. Filing an Appeal shall not stay the Board's Order. -01 DONE AND ORDERED this .) day of ~, 2006 at Collier County, Florida. CODE ENFORCEMENT BOARD COLLIC;;Z:TY, FLORIDA BY: .~ "-' f3~d Sheri Barnett, Chair 2800 North Horseshoe Drive Naples, Florida 34104 ..IlaTe 01 f LUf{llJA ~Unty of COLUER I HEREBY CERTIFY THAT thIs is a true and correct copyot a oocumem on file In Board Min~ies.2Jl?)~:U:;orGs of Collier Count)' ~~;;~?,~ ~;e.1 this !:' BR.o~URTS < f;/ D.C. ~ '. I , . / ~ *** OR: 4033 PG: 2455 *** STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) ---#. - The foregoing instrument was acknowledged before me this~ day of /l1au~ ' 2006, by Sheri Barnett, Chair of the Code Enforcement BO. a rd of Collier County, Floridao... is. --- -pe"o..nall.Y know.n to m.e or _ who has produced a Florida Driv~8&t~e as identification. ~.__.. v (2 DOl\\1~ ~'I\)Dl,449'!!' U L.-- ;Jte. ~ \ """'" ",\~~\on11 o'"1()01 /'.,_ r .-:,., '/,~..../'//) '~l9-~PUlJv(;, com,,, u!', \ I), I- ~ \ .' . ~ .'-"-' E~'~.'-~ t';(.\l\re:,'. ~ed \'Cl.fU \nc. NOTARY PUBLIC '-.....-/ , ~<;';;" ~.;.::= ~:~ondinv,CO", My commission expires: '"';~Of~''' ^t\al\ 1"1\\\' CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this ORDER has been sent by U. S. Mail to Steve Loveless, 652 Soliel Drive, Naples, FL 34110 and to JOShU~ek, Cohen & Grigsby, 27200 Riverview Cent" Blvd., Suite 309, Bonita Springs, Flocida 34134 this day of ~' 2006. /1' M. e Florid Bar No. 750311 Attorney for the Code Enforcement Board 400 Fifth Avenue S., Ste. 300 Naples, Florida 34102 (239) 263-8206 q ARTICLE XII Miscellaneous Section 1. These Rilles and regulations may be revised and adopted consistent with the state statutes and county ordinances during a regular meeting by the affirmative vote of a majority of the full Board, including alternates, provided notice of a proposed change is given to the Board at a preceding regular meeting. Section 2. No Board member shall knowingly discuss any case with any alleged violator or with each other or with any other interested party prior to the final resolution of the case by the Board. Section 3. In the event that a violation is occurring on property under milltiple ownership and/or in which there is a tenant and there is potential that the other property owner(s)' or tenant(s)' interest will be affected by the Board's decision, the Code Enforcement Investigator may include the property owner and/or tenant as Respondent to the case. Section 4. Intervention by non-parties may be permitted if the non-party has been found by the Board to be an affected party. Section 5. The Board, at its discretion, may ask for periodic reports from County Staff as to the status of cases. Section 6. In the event of a conflict between these Rules and regulations and the provisions of any ordinance(s) or statute(s) applicable to the Code Enforcement Board, the provisions of the ordinance(s) or statute(s) shall prevail. Section 7. Any case in which there has been a hearing by the Board prior to the adoption of these Rilles and Regulations shall be governed by the previously adopted rules and regulations in effect at the time of the hearing, THESE RULES AND REGULATIONS, As Amended, ARE HEREBY APPROVED this ;J fa day of /l"l A-i<C ~ ,2009. COLLIER COUNTY COD NT BOARD ~ ~~ ~- Gerald Ldebvre, air 11 Vacant Seat Vacant Seat 12 COLLIER COUNTY CODE ENFORCEMENT BOARD RULES AND REGULATIONS ARTICLE I Name The name of this Board shall be the Collier County Code Enforcement Board. ARTICLE II Jurisdiction The Board has jurisdiction over those matters which are set forth in all ordinances of Collier County, Florida. ARTICLE III Officers and Their Duties Section 1. The officers shall consist of a Chair and Vice-Chair, both of whom shall be permanent members, There shall also be a Secretary to the Board who shall be an employee of Collier County, Florida. Section 2. The Chair shall preside at all meetings and hearings of the Board and shall have the duties normally conferred by parliamentary usage of such officers. Section 3. The Chair shall have the privilege of discussing all matters before the Board and shall have the same voting rights as all Board members. Section 4. The Vice-Chair shall act in the absence of the Chair. Section 5. The full board and alternates may participate in the election process and vote, although the alternates may not serve as officers. ARTICLE IV Election of Officers Section 1. Nomination of the Chair and Vice-Chair shall be made from the floor at the annual organization meeting in March of each year, and the election shall be held immediately thereafter. Section 2. A candidate receiving a majority vote shall be declared elected and shall serve a term of one (1) year, or until a successor shall take office. Section 3. Vacancies in the position of Chair or Vice-Chair shall be filled immediately by regular election procedures, Section 4. The Chair or Vice-Chair may be removed by a super majority of the board with or without cause. ARTICLE V Board Section 1. The Code Enforcement Board shall consist of seven (7) members and two (2) alternates. An alternate shall be designated to fill any regular member vacancy at any meeting with full voting rights. Section 2. Regular Meetings. Regular meetings of the Code Enforcement Board shall be held on the fourth Thursday, and/or at other times as needed, and determined by the Board, in the Collier County Commission Chambers. The chambers will be open to the public at 8:30 A.M. The board may begin the public portion of the meeting at 9:00 A.M. Section 3. Special Meetings. Special meetings of the Board may be convened by the Chair upon giving notice thereof to each other member of the Board or by written notice signed by at least three (3) members of the Code Enforcemep.t Board. Section 4. Notices. a. Notice of a Special Board meeting shall be given to all Board members at least forty-eight (48) hours in advance of the meeting. At any meeting, the Board may set a future meeting date, Section 5. Attendance. a. a meeting. b. If a member misses two (2) successive board meetings without a satisfactory excuse, he/she may forfeit his/her appointment. c, AttencUmce shall be in person and may not occur through any form of electronic medium. Members shall notify the Chair or Secretary to the Board if they cannot attend Section 6. Quorum. A quorum of the Board shall consist of four (4) members and an affirmative vote of a majority of those present and voting shall be necessary to pass any motion or 2 adopt any order. For example, if four members are present, an affirmative vote of three of those members present shall be sufficient to take Board action. Section 7. Voting. a. Voting shall be by voice vote, or show of hands, if necessary, and may be recorded by individual (or group). b. Each member present shall cast a vote on each question before the Board, except that if any member has a personal interest in a matter, he or she shall abstain from participation as a member of the Board in that matter. Section 8. to the public. Section 9. Procedure. Parliamentary procedure in Board meetings shall be governed by Robert's Rules of Order, as amended, and by the Rules and Regulations contained herein. Records. All records of regular and special meetings or hearings shall be open Section 10. The Code Enforcement Board shall be governed by the provisions of the Florida Sunshine Amendment and Code of Ethics for Public Officers and Employees. ARTICLE VI Order of Business 1. Roll Call 2, Approval of Agenda 3. Approval of Minutes 4. Public Hearings/Motions A. Motions B. Stipulations (Non Contested Cases and present at the hearing) C. Hearings a. Contested Cases by Respondents and present at the hearing b. Cases of Respondent not present at the hearing D. Motion for Imposition of Fines/Liens E. Motion for Reduction! Abatement of Fines/Liens 5. Old Business 6. New Business 7. Consent Agenda 3 A. Motion for Imposition of Fines /Liens B. Request to Forward Cases to County Attorney's Office 8. Reports 9. Comments 10. Next Meeting Date 11. Adjourn The order of business may be suspended by a vote of the majority of those members present. ARTICLE VII Initiation of Actions Before the Board Section 1. All actions before the Board shall be initiated by a Code Enforcement Investigator filing an Affidavit of Violation, which shall include a statement of the facts and circumstances of the alleged violation and shall identify the code or ordinance, which has been violated with the Secretary to the Board. No member of the Board may initiate action before the Board, Section 2. The Secretary to the Board shall assign a file number to each case and schedule a hearing. Section 3. The Secretary to the Board shall send out a Notice of Hearing along with a Statement of Violation and a copy of the Rules and Regulations to the alleged violator by either certified mail, return receipt requested, hand delivery upon a party, posting on the property and at the courthouse, or in any manner authorized as provided by the Ordinance establishing the Code Enforcement Board. The Secretary to the Board shall provide Notice to the Code Enforcement Investigator and the alleged violator as herein provided at least ten (10) days prior to the hearing at which the alleged violator's case will be presented to the Board, A copy of said Notice shall be sent to the attorney for the Board, the supervisor of the Code Enforcement Investigator involved, and the Code Enforcement Investigator involved. Section 4. The Notice of Hearing shall inform the alleged violator that he or she is permitted to provide an answer/response packet of information to the Secretary to the Board for distribution to the Board Members prior to the Board Hearing. The Code Enforcement Investigator shall submit the charging packet ofinformation detailing the alleged violation(s) to the Secretary of the Board for distribution to the Board Members at least fifteen (15) business days prior to the Board Hearing. In order to have the information submitted to the Board Members, the alleged violator should submit fifteen (15) copies of his or her information to the Secretary to the Board five (5) . 4 business days prior to the scheduled hearing. The Secretary to the Board shall distribute the packet to the Board Members not later than three (3) days prior to the hearing. The Code Enforcement Investigators charging packet shall be delivered to the alleged violator along with the Notice of Hearing. The Secretary to the Board shall not deliver the charging packet to the Board Members until he or she receives the alleged violator's answer/response packet or until the deadline by which the alleged violator's packet of information must be received by the Secretary to the Board has passed. If the alleged violator timely delivers his or her evidentiary packet to the Secretary to the Board, the Secretary to the Board shall deliver all packets together. Section 5. In emergency situations, the timelines set forth in this paragraph can be abbreviated or set aside to address the alleged violation in order to avoid further damage to the health, safety and welfare of the citizens of Collier County, Florida. ARTICLE VIII Prehearing Procedures Section 1. Prehearing meetings between parties. The alleged violator and Code Enforcement Investigator are encouraged to have a prehearing conference one (1) hour prior to the scheduled hearing. At the prehearing conference the following may occur: a. The Respondent/alleged violator may be asked if he/she wishes to contest the violations. If so, the case shall be placed on the agenda as stated in Article VI. b. The parties may stipulate to an agreed Order, to be approved by the Board. c. The parties may stipulate to any facts, exhibits or other evidence to be introduced into the record, which are not in dispute. d. The names and addresses of witnesses to be called may be exchanged. Any facts or evidence stipulated to shall be presented to the Board Members along with any prehearing evidentiary packets or agreements either party intends to provide to the Board Members. Section 2. Prehearing Motions. Any motion for any reason to be filed by the alleged violator or the Code Enforcement Investigator shall be delivered to the Board's Attorney or the Boards Secretary and the opposing party, or their counsel, if applicable, at least five (5) business days prior to the hearing. The person filing the motion shall provide the Board's Secretary with fifteen (15) copies of the motion. The Board's Attorney will then distribute the motions to the Board Members. The Board may waive the requirements set forth in this paragraph under exceptional circumstances. 5 ARTICLE IX Hearings Formal rules of evidence shall not apply, but fundamental due process shall be observed. The Board is without jurisdiction to hear any statement, argument or evidence alleging that any provision of the county's ordinances is unenforceable due to conflict with the Constitutions of the United States or State of Florida, Florida Statutes, administrative agency regulations, other county ordinances, or court decisions. The following procedures may be observed at hearings before the Board: a. In a non-contested case the only evidence heard shall be the statement ofthe violation and any stipulated agreement. b. Where notice of hearing has been provided in accordance with Florida Statutes, Section 162.12, a hearing may proceed in the absence of the Respondent. c. The Secretary to the Board shall read the statement of violation against the Respondent/alleged violator. d. The Respondent/alleged violator shall state his/her full legal name, mailing address and physical residence. e. Ifthe Respondent/alleged violator is not present and is represented by a person other than an attorney, the Respondent should submit a notarized letter to the Chair of the Board granting that individual permission to represent himlher at the hearing. f. Presentations of a case may be limited to twenty (20) minutes per party, including testimony of all witnesses. If the Respondent believes that additional time is required, he/she shall notify the Board Secretary prior to the scheduled hearing, g. Any evidence which is sought to be introduced by a party during the party's presentation is admitted at the discretion ofthe Board and may be objected to by the opposing side. If necessary the Board may grant a recess or continuance to examine said evidence. h. All persons testifying before the Board shall do so under oath. i. Each side may be permitted to make brief opening statements, if requested. The County shall present its case and Respondent/alleged violator shall present his/her case. Both parties shall have an opportunity to cross-examine any person testifying. j. Any person who can provide relevant evidence to support that a violation has or has not occurred and wishes to testify should notify the Board Secretary prior to commencement of the public hearing. Testimony may be limited to no more than five (5) minutes unless extended by a majority vote of the Board. 6 k. The Board or its attorney may question any witness( es) or call any witness( es) as necessary . 1. The right of the parties to present rebuttal evidence is discretionary with the Board. m. Upon completion of all the evidence, each side may be permitted to make brief closing arguments and the Chair shall close the hearing. n. The Board shall deliberate in open session before the public and determine whether the County has proven by competent substantial evidence that a violation has occurred. IftheBoard determines that a violation has occurred, it shall then deliberate and determine what corrective action and potential fines shall be appropriate. If the Board does not find that a violation has occurred, the charges shall be dismissed. . o. The Board, upon finding a Respondent in violation, shall issue an oral Order to Comply, setting a date certain for compliance. The Order shall contain Findings of Fact and Conclusions of Law and state the corrective action granted by the Board. The Board may include in such Order a fine to take effect the day following the specified compliance date in case of non- compliance. In determining the amount of the fine, if any, the Board shall consider the following factors: (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Doll~s ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational andlor prosecution costs incurred. Said Order shall be reduced to writing and be mailed to the Respondent/violator within ten (10) days. p. In the event the violation is a violation described in Section 162.06(4), Fla. Stat., the Board shall notify the County Manager, which may make all reasonable repairs required to bring the property into compliance and charge the violator with the reasonable costs of repairs along with the fine and any operational or prosecutorial costs. q. A party may motion a rehearing of the Board's Order, based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Board. The written Motion for Rehearing shall specify the precise reasons thereof. A Motion for Rehearing shall be in writing and sent to the Secretary to the Board within ten (10) days of the date the Order is received by the party, but in no event more than twenty (20) days from the date of mailing of the Order. The Order of the Board shall be stayed and the time for taking an appeal tolled until the Motion for Rehearing has been disposed of and the decision received by the parties; provided, however, that in no event shall the Order be stayed for a period longer than twenty (20) days from date of the mailing of the rehearing decision. r. The Board shall make a determination as to whether or not to rehear the matter and its decision shall be made at a public meeting, reduced to writing and mailed to the interested parties within 10 days after the decision is made. If the Board determines that it will grant a rehearing, it 7 may: (1) Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Board to the specific reasons for which the rehearing was granted; or (2) Modify or reverse its prior Order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Board resulted from a ruling on a question of law which the Board has been informed was an erroneous ruling. s. Any aggrieved party may appeal a final Order of the Board to the Circuit Court within thirty (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (a new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE X Reduction or Abatement of Fines Prior to Imposition of Fine Section 1. A Motion for Reduction or Abatement of Fines may be in the form of a written request. The Motion should contain the following information: (a) name, and address of named Respondent; (b) names of all owners of the property which is the subject of the violation; (c) physical address of subject property; (d) nature of violation; (e) description of abatement of violation and date of abatement; (In the event that the violation cannot be abated by Respondent, the Respondent shall include in the Motion for Reduction/Abatement of Fines a detailed description of the efforts undertaken for abatement and an explanation as to why the violation cannot be abate, and provide support documentation to that effect); (f) mitigating factors which Respondent believes warrants a reduction or abatement of fines; (g) and other factors that may be considered by the Board; (h) signature of Respondent; and (i) all supporting documentation. The Respondent should provide the Secretary to the Board fifteen (15) copies of the Motion for Reduction/Abatement of Fines, attaching all supporting documentation. A Motion for Reduction/Abatement of Fines may be made after a violation has been abated, or in the event a violation cannot be abated, after a diligent attempt to abate the violation in accordance with the Board's Order has been made, Under no circumstances may a Motion for Reduction/Abatement of Fines be made after the Board has authorized foreclosure by the County Attorney's Office. Section 2. Upon proper filing of a Motion, the Secretary to the Board shall set the Motion on the next available agenda of the Code Enforcement Board. The failure of the respondent to comply with the requirements set forth above may be grounds for dismissal of the Motion by the Code Enforcement Board. Such dismissal. shall be without prejudice to the Respondent to file another motion accordance with these Rules. Section 3 Upon the proper filing of a Motion for Reduction/Abatement of Fines, the Board may consider the following factors; (a) the gravity of the violation; (b) actions taken by the Respondent to correct the violation; (c) whether there were previous violations committed by the violator; (d) the cost upon the violator to correct the violation; (e) the reasonable time necessary to correct the violation; (f) the value of the real estate compared to the amount of finellien; (g) any hardship the finellien would cause on the Respondent; (h) the time and cost incurred by Code 8 Enforcement to have the violation corrected and (i) any other equitable factors which would make the requested mitigation ap'propriate. Section 4 The Respondent shall have the burden of proof to show why a fine/lien should be reduced or abated. The hearing shall be conducted according to Article IX of these Rules, where applicable. Section 5. If a reduction is granted; the reduced fine must be paid within (30) days unless otherwise specified in the order; or unless staff, in its discretion, negotiates an installment plan. If payment is not made within the specified time, the fme shall revert to the original amount The Order shall be reduced to writing and a certified copy of the Order shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. . Section 6. The Board will not re-hear a motion for reduction offines once a decision has been reached on a previous motion for reduction of fines. Section 7. The Board's decision to grant or deny mitigation of an Order Imposing FinelLien shall be reduced to writing and a certified copy of an Order imposing a fine shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Any aggrieved party may appeal a final order to the Circuit Court within (30) days of the execution of the Order appealed. An appeal shall not be a hearing de novo (new hearing), but shall be limited to appellate review of the record created. Filing an Appeal shall not stay the Board's Order. ARTICLE XI Imposition of Fines Section 1. After an Order has been issued by the Board and a date of compliance has been set, the Code Enforcement Investigator shall make a re-inspection to determine compliance or non-compliance with the Order of the Board. Section 2. The Code Enforcement Investigator shall file an Affidavit of Compliance or Non-Compliance with the Secretary to the Board. A copy of said Affidavit may be sent to the violator by regular U.S. mail and recorded in the Public Records of Collier County, Florida. The Secretary to the Board shall report the status of the said affidavit at the next scheduled Board meeting. Section 3. Upon Motion for Imposition of Fines being filed by the County, the Board shall set the Motion for hearing with proper notice to the Respondent. Any Motion for AbatementJReduction of Fines shall be set on the same date for hearing of the County's Motion when received in a timely manner. This hearing shall not be a trial de novo or a new hearing on the original case. The County may present evidence on the period of non-compliance, the amount of daily fines 9 and the total amount of fine requested to be imposed, as well as any operational costs incurred or to be imposed. Respondent may be given the opportunity to present any written Motion for AbatementlReduction of Fines and any testimony in support thereof. Respondent may also, at the discretion of the Board, be given the opportunity to present testimony regarding efforts made toward compliance and abatement, which may be considered as mitigation circumstances. In rebuttal, the County may be given the opportunity to present testimony regarding aggravating circumstances. Section 4. The Board shall determine the amount of fines applicable to be imposed. In determining the amount of the fines, if any, the Board shall consider the following factors; (1) the gravity of the violation; (2) any actions taken by the violator to correct the violation; (3) any previous violations committed by the violator; and (4) any other relevant factors. Such fine shall not exceed One Thousand Dollars ($1,000.00) for each day the violation continues past the specified compliance date and Five Thousand Dollars ($5,000.00) for repeat violations for each day the violation continues past the specified compliance date. In addition, the Respondent/violator may be ordered to pay any operational and/or prosecution costs incurred. In the event that the violation(s) haslhave not been abated at the time of the hearing on the Motion for Imposition of Fines, the Board may determine if daily fines shall continue to accrue or if a stay is appropriate. The Board's determination to impose operational costs and/or fines, shall be reduced to writing and a copy of the Order Imposing Fine/Lien shall be mailed to the violator by regular U.S, mail or served upon the violator as specified by the Ordinance and recorded in the Public Records of Collier. County, Florida. Section 5. A certified copy of an Order ofImposition of Fines shall be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real property or personal property owned by the violator. Upon petition to the Circuit Court, such Order nay be enforced in the same manner as a court judgment by the sheriff's of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this part shall continue to accrue until the violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to the ordinance, whichever comes first. After three (3) months from the filing of any such lien, which remains unpaid, the Board may authorize the attorney representing the Board of County Commissioners to foreclose on the lien. No lien created pursuant to this ordinance may be foreclosed on real property, which is homesteaded under Section 4, Article X of the Florida Constitution. Section 6. No lien imposed pursuant to this article shall continue for a period longer than twenty (20) years after the certified copy of an Order ofImposition of FinelLi en has been recorded, unless within that time an action to foreclose on the lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover all costs, including a reasonable attorney's fee that it incurred in the foreclosure. 10 ( ~-IJl :; :2){II7// ..... . jfnk.J Respondent or Representati e (print) Date REV 4/24/09